[Congressional Record Volume 157, Number 176 (Thursday, November 17, 2011)]
[Senate]
[Pages S7716-S7776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1062. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1031.
                                 ______
                                 
  SA 1063. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF 
                   DEPARTMENT OF DEFENSE.

       Section 1003(a)(2)(A)(ii) of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2440; 10 U.S.C. 2222 note) is amended by striking 
     ``September 30, 2017'' and inserting ``September 30, 2014''.
                                 ______
                                 
  SA 1064. Mr. PAUL (for himself, Mrs. Gillibrand, Mr. Wyden, Mr. 
Leahy, and Mr. Manchin) submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1230. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE 
                   AGAINST IRAQ.

       The Authorization for Use of Military Force Against Iraq 
     Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 
     U.S.C. 1541 note) is repealed effective on the date of the 
     enactment of this Act or January 1, 2012, whichever occurs 
     later.
                                 ______
                                 
  SA 1065. Ms. AYOTTE (for herself, Mr. McCain, and Mr. Reed) submitted 
an amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 136. STRATEGIC AIRLIFT AIRCRAFT FORCE STRUCTURE.

       Section 8062(g)(1) of title 10, United States Code, is 
     amended--
       (1) by striking ``October 1, 2009'' and inserting ``October 
     1, 2011''; and
       (2) by striking ``316 aircraft'' and inserting ``301 
     aircraft''.
                                 ______
                                 
  SA 1066. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1005. AUDIT READINESS OF FINANCIAL STATEMENTS OF 
                   DEPARTMENT OF DEFENSE.

       Section 1003(a)(2)(A)(ii) of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2440; 10 U.S.C. 2222 note) is amended by inserting 
     ``, and that a complete and validated full statement of 
     budget resources is ready by not later than September 30, 
     2014'' after ``validated as ready for audit by not later than 
     September 30, 2017''.
                                 ______
                                 
  SA 1067. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1038. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO 
                   THE INITIAL CUSTODY AND FURTHER DISPOSITION OF 
                   MEMBERS AL-QAEDA AND AFFILIATED ENTITIES.

       (a) Required Notification With Respect to Initial 
     Custody.--
       (1) In general.--When a covered person, as defined in 
     subsection (c), is taken into the custody of the United 
     States Government, the Secretary of Defense and the Director 
     of National Intelligence shall notify the specified 
     congressional committees, as defined in subsection (d), 
     within 10 days.
       (2) Reporting requirement.--The notification submitted 
     pursuant to paragraph (1) shall be in classified form and 
     shall include, at a minimum, the suspect's name, nationality, 
     date of capture or transfer to the United States, location of 
     capture, places of custody since capture or transfer, 
     suspected terrorist affiliation and activities, and agency 
     responsible for interrogation.
       (b) Required Notification With Respect to Further 
     Disposition.--
       (1) In general.--Not later than 60 days after the United 
     States Government takes custody of a covered person, the 
     Secretary of Defense and the Director of National 
     Intelligence shall notify and inform the specified 
     congressional committees of the intended disposition of the 
     covered person under section 1031(c).
       (2) Reporting requirement.--The notification required under 
     paragraph (1) shall be in classified form and shall include 
     the relevant facts, justification, and rationale that serves 
     as the basis for the disposition option chosen.
       (c) Covered Persons.--For the purposes of this section, a 
     covered person is an individual suspected of being--
       (1) a member of, or part of, al-Qaeda or an affiliated 
     entity; and
       (2) a participant in the course of planning or carrying out 
     an attack or attempted attack against the United States or 
     its coalition partners.
       (d) Specified Congressional Committees.--In this section, 
     the term ``specified congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Select Committee on Intelligence of the Senate; and
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (e) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act, and shall apply 
     with respect to persons described in subsection (c) who are 
     taken into the custody or brought under the control of the 
     United States on or after that date.
                                 ______
                                 
  SA 1068. Ms. AYOTTE (for herself, Mr. Chambliss, and Mr. Graham) 
submitted an amendment intended to be proposed by her to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1038. AUTHORITY FOR LAWFUL INTERROGATION METHODS IN 
                   ADDITION TO THE INTERROGATION METHODS 
                   AUTHORIZED BY THE ARMY FIELD MANUAL.

       (a) Authority.--Notwithstanding section 1402 of the 
     Detainee Treatment Act of 2005 (10 U.S.C. 801 note), the 
     personnel of the United States Government specified in 
     subsection (c) are hereby authorized to engage in 
     interrogation for the purpose of collecting foreign 
     intelligence information using methods set forth in the 
     classified annex required by subsection (b) provided that 
     such interrogation methods comply with all applicable laws, 
     including the laws specified in subsection (d).

[[Page S7717]]

       (b) Classified Annex.--Not later than 90 days after the 
     date of the enactment of this Act, and on such basis 
     thereafter as may be necessary for the effective collection 
     of foreign intelligence information, the Secretary of Defense 
     shall, in consultation with the Director of National 
     Intelligence and the Attorney General, ensure the adoption of 
     a classified annex to Army Field Manual 2-22.3 that sets 
     forth interrogation techniques and approaches, in addition to 
     those specified in Army Field Manual 2-22.3, that may be used 
     for the effective collection of foreign intelligence 
     information.
       (c) Covered Personnel.--The personnel of the United States 
     Government specified in this subsection are the officers and 
     employees of the elements of the intelligence community that 
     are assigned to or support the entity responsible for the 
     interrogation of high value detainees (currently known as the 
     ``High Value Detainee Interrogation Group''), or a successor 
     entity.
       (d) Specified Laws.--The law specified in this subsection 
     is as follows:
       (1) The United Nations Convention Against Torture, signed 
     at New York, February 4, 1985.
       (2) Chapter 47A of title 10, United States Code, relating 
     to military commissions (as amended by the Military 
     Commissions Act of 2009 (title XVIII of Public Law 111-84)).
       (3) The Detainee Treatment Act of 2005 (title XIV of Public 
     Law 109-163).
       (4) Section 2441 of title 18, United States Code.
       (e) Supersedure of Executive Order.--The provisions of 
     Executive Order No. 13491, dated January 22, 2009, shall have 
     no further force or effect, to the extent such provisions are 
     inconsistent with the provisions of this section.
       (f) Definitions.--In this section:
       (1) Element of the intelligence community.--The term 
     ``element of the intelligence community'' means an element of 
     the intelligence community listed or designated under section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
       (2) Foreign intelligence information.--The term ``foreign 
     intelligence information'' has the meaning given that term in 
     section 101(e) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801(e)).
                                 ______
                                 
  SA 1069. Ms. KLOBUCHAR (for herself, Mr. Thune, Mr. Johnson of South 
Dakota, Mr. Franken, Mr. Harkin, and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 957 proposed by Mr. 
Reid to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 37, between lines 15 and 16, insert the following:
       Sec. 2__.  None of the funds appropriated or otherwise made 
     available by this Act for ongoing construction work on rural 
     water regional programs of the Bureau of Reclamation that is 
     in addition to the amount requested in the annual budget 
     submission of the President (including funds for related 
     settlements) shall be used by the Secretary of the Interior 
     to carry out any rural water supply project (as defined in 
     section 102 of the Reclamation Rural Water Supply Act of 2006 
     (43 U.S.C. 2401)) that is authorized after the date of 
     enactment of this Act unless the Secretary of the Interior, 
     not later than 60 days after the date of enactment of this 
     Act, issues a work plan prioritizing funding of rural water 
     supply projects carried out by the Bureau of Reclamation 
     based on the following criteria to better utilize taxpayer 
     dollars:
       (1) The percentage of the rural water supply project to be 
     carried out that is complete (as of the date of enactment of 
     this Act) or will be completed by September 30, 2012.
       (2) The number of people served or expected to be served by 
     the rural water supply project.
       (3) The amount of non-Federal funds previously provided or 
     certified as available for the cost of the rural water supply 
     project.
       (4) The extent to which the rural water supply project 
     benefits tribal components.
       (5) The extent to which there is an urgent and compelling 
     need for a rural water supply project that would--
       (A) improve the health or aesthetic quality of water;
       (B) result in continuous, measurable, and significant water 
     quality benefits; or
       (C) address current or future water supply needs of the 
     population served by the rural water supply project.
                                 ______
                                 
  SA 1070. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 1080. REPORT ON MANPADS IN LIBYA.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and semiannually thereafter for 
     three years, the Secretary of State, in consultation with the 
     Secretary of Defense and the Director of National 
     Intelligence, shall submit to Congress a report in classified 
     and unclassified form on the disposition of and accounting 
     for the Man Portable Air Defense Systems (MANPADS) that were 
     under the control of the Government of Libya during the 
     regime of Colonel Muammar Gaddafi.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) Intelligence estimates as to the number of MANPADS 
     under the control of the Government of Libya prior to 
     February 16, 2011.
       (2) A summary of United States and NATO efforts to account 
     for all of the MANPADS, and ancillary equipment necessary to 
     operate the MANPADS, following the beginning of NATO's 
     intervention in Libya.
       (3) The comprehensive strategy to prevent terrorist 
     organizations from gaining control of the MANPADS.
       (4) An assessment of the probability of and threat posed by 
     an air defense weapons system like MANPADS being obtained and 
     used by a terrorist organization.
                                 ______
                                 
  SA 1071. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 889. OVERSIGHT OF AND REPORTING REQUIREMENTS WITH 
                   RESPECT TO EVOLVED EXPENDABLE LAUNCH VEHICLE 
                   PROGRAM.

       The Secretary of Defense shall--
       (1) redesignate the Evolved Expendable Launch Vehicle 
     program as a major defense acquisition program not in the 
     sustainment phase under section 2430 of title 10, United 
     States Code; or
       (2) require the Evolved Expendable Launch Vehicle program--
       (A) to provide to the congressional defense committees all 
     information with respect to the cost, schedule, and 
     performance of the program that would be required to be 
     provided under sections 2431 (relating to weapons development 
     and procurement schedules), 2432 (relating to Select 
     Acquisition Reports, including updated program life-cycle 
     cost estimates), and 2433 (relating to unit cost reports) of 
     title 10, United States Code, with respect to the program if 
     the program were designated as a major defense acquisition 
     program not in the sustainment phase; and
       (B) to provide to the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics--
       (i) a quarterly cost and status report, commonly known as a 
     Defense Acquisition Executive Summary, which serves as an 
     early-warning of actual and potential problems with a program 
     and provides for possible mitigation plans; and
       (ii) earned value management data that contains 
     measurements of contractor technical, schedule, and cost 
     performance.
                                 ______
                                 
  SA 1072. Mr. LEAHY (for himself, Mr. Graham, Mr. Rockefeller, Ms. 
Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. Begich, Mr. Bennet, 
Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. Boozman, Mrs. Boxer, Mr. 
Brown, of Massachusetts, Mr. Brown, of Ohio, Mr. Burr, Ms. Cantwell, 
Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. Conrad, Mr. Coons, 
Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. Feinstein, Mr. 
Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. Harkin, Mr. 
Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, Mr. Johnson, 
of Wisconsin, Mr. Johnson, of South Dakota, Ms. Klobuchar, Ms. 
Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs. 
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs. 
Murray, Mr. Nelson, of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr. 
Schumer, Mrs. Shaheen, Ms. Stabenow, Mr. Tester, Mr. Udall, of 
Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr. 
Toomey, and Mr. Kerry) submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follow:

     :  At the end of division A, add the following:

                 TITLE XVI--NATIONAL GUARD EMPOWERMENT

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``National Guard Empowerment 
     and State-National Defense Integration Act of 2011''.

[[Page S7718]]

     SEC. 1602. REESTABLISHMENT OF POSITION OF VICE CHIEF OF THE 
                   NATIONAL GUARD BUREAU AND TERMINATION OF 
                   POSITION OF DIRECTOR OF THE JOINT STAFF OF THE 
                   NATIONAL GUARD BUREAU.

       (a) Reestablishment and Termination of Positions.--Section 
     10505 of title 10, United States Code, is amended to read as 
     follows:

     ``Sec. 10505. Vice Chief of the National Guard Bureau

       ``(a) Appointment.--(1) There is a Vice Chief of the 
     National Guard Bureau, selected by the Secretary of Defense 
     from officers of the Army National Guard of the United States 
     or the Air National Guard of the United States who--
       ``(A) are recommended for such appointment by their 
     respective Governors or, in the case of the District of 
     Columbia, the commanding general of the District of Columbia 
     National Guard;
       ``(B) have had at least 10 years of federally recognized 
     service in an active status in the National Guard; and
       ``(C) are in a grade above the grade of brigadier general.
       ``(2) The Chief and Vice Chief of the National Guard Bureau 
     may not both be members of the Army or of the Air Force.
       ``(3)(A) Except as provided in subparagraph (B), an officer 
     appointed as Vice Chief of the National Guard Bureau serves 
     for a term of four years, but may be removed from office at 
     any time for cause.
       ``(B) The term of the Vice Chief of the National Guard 
     Bureau shall end within a reasonable time (as determined by 
     the Secretary of Defense) following the appointment of a 
     Chief of the National Guard Bureau who is a member of the 
     same armed force as the Vice Chief.
       ``(b) Duties.--The Vice Chief of the National Guard Bureau 
     performs such duties as may be prescribed by the Chief of the 
     National Guard Bureau.
       ``(c) Grade.--The Vice Chief of the National Guard Bureau 
     shall be appointed to serve in the grade of lieutenant 
     general.
       ``(d) Functions as Acting Chief.--When there is a vacancy 
     in the office of the Chief of the National Guard Bureau or in 
     the absence or disability of the Chief, the Vice Chief of the 
     National Guard Bureau acts as Chief and performs the duties 
     of the Chief until a successor is appointed or the absence of 
     disability ceases.''.
       (b) Conforming Amendments.--
       (1) Section 10502 of such title is amended by striking 
     subsection (e).
       (2) Section 10506(a)(1) of such title is amended by 
     striking ``and the Director of the Joint Staff of the 
     National Guard Bureau'' and inserting ``and the Vice Chief of 
     the National Guard Bureau''.
       (c) Clerical Amendments.--
       (1) Heading amendment.--The heading of section 10502 of 
     such title is amended to read as follows:

     ``Sec. 10502. Chief of the National Guard Bureau: 
       appointment; advisor on National Guard matters; grade''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 1011 of such title is amended--
       (A) by striking the item relating to section 10502 and 
     inserting the following new item:

``10502. Chief of the National Guard Bureau: appointment; advisor on 
              National Guard matters; grade.'';
     and
       (B) by striking the item relating to section 10505 and 
     inserting the following new item:

``10505. Vice Chief of the National Guard Bureau.''.

     SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD 
                   BUREAU ON THE JOINT CHIEFS OF STAFF.

       (a) Membership on Joint Chiefs of Staff.--Section 151(a) of 
     title 10, United States Code, is amended by adding at the end 
     the following new paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
       (b) Conforming Amendments.--Section 10502 of such title, as 
     amended by section 2(b)(1) of this Act, is further amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Member of Joint Chiefs of Staff.--The Chief of the 
     National Guard Bureau shall perform the duties prescribed for 
     him or her as a member of the Joint Chiefs of Staff under 
     section 151 of this title.''.

     SEC. 1604. CONTINUATION AS A PERMANENT PROGRAM AND 
                   ENHANCEMENT OF ACTIVITIES OF TASK FORCE FOR 
                   EMERGENCY READINESS PILOT PROGRAM OF THE 
                   FEDERAL EMERGENCY MANAGEMENT AGENCY.

       (a) Continuation.--
       (1) Continuation as permanent program.--The Administrator 
     of the Federal Emergency Management Agency shall continue the 
     Task Force for Emergency Readiness (TFER) pilot program of 
     the Federal Emergency Management Agency as a permanent 
     program of the Agency.
       (2) Limitation on termination.--The Administrator may not 
     terminate the Task Force for Emergency Readiness program, as 
     so continued, until authorized or required to terminate the 
     program by law.
       (b) Expansion of Program Scope.--As part of the 
     continuation of the Task Force for Emergency Readiness 
     program pursuant to subsection (a), the Administrator shall 
     carry out the program in at least five States in addition to 
     the five States in which the program is carried out as of the 
     date of the enactment of this Act.
       (c) Additional FEMA Activities.--As part of the 
     continuation of the Task Force for Emergency Readiness 
     program pursuant to subsection (a), the Administrator shall--
       (1) establish guidelines and standards to be used by the 
     States in strengthening the planning and planning capacities 
     of the States with respect to responses to catastrophic 
     disaster emergencies; and
       (2) develop a methodology for implementing the Task Force 
     for Emergency Readiness that includes goals and standards for 
     assessing the performance of the Task Force.
       (d) National Guard Bureau Activities.--As part of the 
     continuation of the Task Force for Emergency Readiness 
     program pursuant to subsection (a), the Chief of the National 
     Guard Bureau shall--
       (1) assist the Administrator in the establishment of the 
     guidelines and standards, implementation methodology, and 
     performance goals and standards required by subsection (c);
       (2) in coordination with the Administrator--
       (A) identify, using catastrophic disaster response plans 
     for each State developed under the program, any gaps in State 
     civilian and military response capabilities that Federal 
     military capabilities are unprepared to fill; and
       (B) notify the Secretary of Defense, the Commander of the 
     United States Northern Command, and the Commander of the 
     United States Pacific Command of any gaps in capabilities 
     identified under subparagraph (A); and
       (3) acting through and in coordination with the Adjutants 
     General of the States, assist the States in the development 
     of State plans on responses to catastrophic disaster 
     emergencies.
       (e) Annual Reports.--The Administrator and the Chief of the 
     National Guard Bureau shall jointly submit to the appropriate 
     committees of Congress each year a report on activities under 
     the Task Force for Emergency Readiness program during the 
     preceding year. Each report shall include a description of 
     the activities under the program during the preceding year 
     and a current assessment of the effectiveness of the program 
     in meeting its purposes.
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Homeland Security of the House of Representatives.

     SEC. 1605. REPORT ON COMPARATIVE ANALYSIS OF COSTS OF 
                   COMPARABLE UNITS OF THE RESERVE COMPONENTS AND 
                   THE REGULAR COMPONENTS OF THE ARMED FORCES.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     setting forth a comparative analysis of the costs of units of 
     the regular components of the Armed Forces with the costs of 
     similar units of the reserve components of the Armed Forces. 
     The analysis shall include a separate comparison of the costs 
     of units in the aggregate and of the costs of units solely 
     when on active duty.
       (2) Similar units.--For purposes of this subsection, units 
     of the regular components and reserve components shall be 
     treated as similar if such units have the same general 
     structure, personnel, or function, or are substantially 
     composed of personnel having identical or similar military 
     occupational specialties (MOS).
       (b) Assessment of Increased Reserve Component Presence in 
     Total Force Structure.--The Secretary shall include in the 
     report required by subsection (a) an assessment of the 
     advisability of increasing the number of units and members of 
     the reserve components of the Armed Forces within the total 
     force structure of the Armed Forces. The assessment shall 
     take into account the comparative analysis conducted for 
     purposes of subsection (a) and such other matters as the 
     Secretary considers appropriate for purposes of the 
     assessment.
       (c) Comptroller General Report.--Not later than 180 days 
     after the date of the submittal of the report required by 
     subsection (a), the Comptroller General of the United States 
     shall submit to the congressional defense committees a report 
     setting forth a review of such report by the Comptroller 
     General. The report of the Comptroller General shall include 
     an assessment of the comparative analysis contained in the 
     report required by subsection (a) and of the assessment of 
     the Secretary pursuant to subsection (b).

     SEC. 1606. DISPLAY OF PROCUREMENT OF EQUIPMENT FOR THE 
                   RESERVE COMPONENTS OF THE ARMED FORCES UNDER 
                   ESTIMATED EXPENDITURES FOR PROCUREMENT IN 
                   FUTURE-YEARS DEFENSE PROGRAMS.

       Each future-years defense program submitted to Congress 
     under section 221 of title 10, United States Code, shall, in 
     setting forth estimated expenditures and item quantities for 
     procurement for the Armed Forces for the fiscal years covered 
     by such program, display separately under such estimated 
     expenditures and item quantities the estimated

[[Page S7719]]

     expenditures for each such fiscal year for equipment for each 
     reserve component of the Armed Forces that will receive items 
     in any fiscal year covered by such program.

     SEC. 1607. ENHANCEMENT OF AUTHORITIES RELATING TO THE UNITED 
                   STATES NORTHERN COMMAND AND OTHER COMBATANT 
                   COMMANDS.

       (a) Commands Responsible for Support to Civil Authorities 
     in the United States.--The United States Northern Command and 
     the United States Pacific Command shall be the combatant 
     commands of the Armed Forces that are principally responsible 
     for the support of civil authorities in the United States by 
     the Armed Forces.
       (b) Discharge of Responsibility.--In discharging the 
     responsibility set forth in subsection (a), the Commander of 
     the United States Northern Command and the Commander of the 
     United States Pacific Command shall each--
       (1) in consultation with and acting through the Chief of 
     the National Guard Bureau and the Joint Force Headquarters of 
     the National Guard of the State or States concerned, assist 
     the States in the employment of the National Guard under 
     State control, including National Guard operations conducted 
     in State active duty or under title 32, United States Code; 
     and
       (2) facilitate the deployment of the Armed Forces on active 
     duty under title 10, United States Code, as necessary to 
     augment and support the National Guard in its support of 
     civil authorities when National Guard operations are 
     conducted under State control, whether in State active duty 
     or under title 32, United States Code.
       (c) Memorandum of Understanding.--
       (1) Memorandum required.--Not later than 180 days after the 
     date of the enactment of this Act, the Commander of the 
     United States Northern Command, the Commander of the United 
     States Pacific Command, and the Chief of the National Guard 
     Bureau shall, with the approval of the Secretary of Defense, 
     jointly enter into a memorandum of understanding setting 
     forth the operational relationships, and individual roles and 
     responsibilities, during responses to domestic emergencies 
     among the United States Northern Command, the United States 
     Pacific Command, and the National Guard Bureau.
       (2) Modification.--The Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau may from 
     time to time modify the memorandum of understanding under 
     this subsection to address changes in circumstances and for 
     such other purposes as the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Chief of the National Guard Bureau jointly 
     consider appropriate. Each such modification shall be subject 
     to the approval of the Secretary of Defense.
       (d) Authority To Modify Assignment of Command 
     Responsibility.--Nothing in this section shall be construed 
     as altering or limiting the power of the President or the 
     Secretary of Defense to modify the Unified Command Plan in 
     order to assign all or part of the responsibility described 
     in subsection (a) to a combatant command other than the 
     United States Northern Command or the United States Pacific 
     Command.
       (e) Regulations.--The Secretary of Defense shall prescribe 
     regulations for purposes of aiding the expeditious 
     implementation of the authorities and responsibilities in 
     this section.

     SEC. 1608. REQUIREMENTS RELATING TO NATIONAL GUARD OFFICERS 
                   IN CERTAIN COMMAND POSITIONS.

       (a) Commander of Army North Command.--The officer serving 
     in the position of Commander, Army North Command, shall be an 
     officer in the Army National Guard of the United States.
       (b) Commander of Air Force North Command.--The officer 
     serving in the position of Commander, Air Force North 
     Command, shall be an officer in the Air National Guard of the 
     United States.
       (c) Sense of Congress.--It is the sense of Congress that, 
     in assigning officers to the command positions specified in 
     subsections (a) and (b), the President should afford a 
     preference in assigning officers in the Army National Guard 
     of the United States or Air National Guard of the United 
     States, as applicable, who have served as the adjutant 
     general of a State.

     SEC. 1609. AVAILABILITY OF FUNDS UNDER STATE PARTNERSHIP 
                   PROGRAM FOR ADDITIONAL NATIONAL GUARD CONTACTS 
                   ON MATTERS WITHIN THE CORE COMPETENCIES OF THE 
                   NATIONAL GUARD.

       The Secretary of Defense shall, in consultation with the 
     Secretary of State, modify the regulations prescribed 
     pursuant to section 1210 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2517; 32 U.S.C. 107 note) to provide for the use of 
     funds available pursuant to such regulations for contacts 
     between members of the National Guard and civilian personnel 
     of foreign governments outside the ministry of defense on 
     matters within the core competencies of the National Guard 
     such as the following:
       (1) Disaster response and mitigation.
       (2) Defense support to civilian authorities.
       (3) Consequence management and installation protection.
       (4) Chemical, biological, radiological, or nuclear event 
     (CBRNE) response.
       (5) Border and port security and cooperation with civilian 
     law enforcement.
       (6) Search and rescue.
       (7) Medical matters.
       (8) Counterdrug and counternarcotics activities.
       (9) Public affairs.
       (10) Employer and family support of reserve forces.
       (11) Such other matters within the core competencies of the 
     National Guard and suitable for contacts under the State 
     Partnership Program as the Secretary of Defense shall 
     specify.
                                 ______
                                 
  SA 1073. Mr. CARDIN (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

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

       Notwithstanding any other provision of law, no funds may be 
     used to expand or operate the District of Columbia National 
     Guard Youth Challenge Program in Anne Arundel County, 
     Maryland.
                                 ______
                                 
  SA 1074. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 2354, making appropriations for energy 
and water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       In the matter under the heading ``Fossil Energy Research 
     and Development'' of title III, before the period at the end, 
     insert the following: ``: Provided further, That the 
     Secretary of Energy shall allocate an additional $30,000,000 
     for the fossil energy research and development program of the 
     Department of Energy, of which $10,000,000 shall be for the 
     unconventional fossil energy account, $10,000,000 shall be 
     for the advanced energy systems account, and $10,000,000 
     shall be for the natural gas technology account, to be 
     derived by the transfer of $30,000,000 from the amount made 
     available under the heading `Advanced Research Projects 
     Agency--Energy' ''.
                                 ______
                                 
  SA 1075. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 361, line 9, insert after ``a person who is 
     described in paragraph (2) who is captured'' the following: 
     ``abroad''.
                                 ______
                                 
  SA 1076. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1035.
                                 ______
                                 
  SA 1077. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 359, line 13, insert after ``to detain covered 
     persons (as defined in subsection (b))'' the following: ``who 
     are captured in the course of hostilities''.
                                 ______
                                 
  SA 1078. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1031.
                                 ______
                                 
  SA 1079. Mr. LEAHY submitted an amendment intended to be proposed by

[[Page S7720]]

him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1032.
                                 ______
                                 
  SA 1080. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 361, line 9, insert after ``a person who is 
     described in paragraph (2) who is captured'' the following: 
     ``abroad or on a United States military facility''.
                                 ______
                                 
  SA 1081. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike subtitle D of title X.
                                 ______
                                 
  SA 1082. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1033.
                                 ______
                                 
  SA 1083. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1034.
                                 ______
                                 
  SA 1084. Mr. McCONNELL (for Mr. Kirk (for himself, Mr. Johanns, Mr. 
Manchin, Mr. Heller, Mr. Blunt, Mr. Roberts, Mr. Rubio, Mr. Brown of 
Massachusetts, Mr. Coats, and Mr. Tester)) proposed an amendment to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1243. IMPOSITION OF SANCTIONS ON FOREIGN FINANCIAL 
                   INSTITUTIONS THAT CONDUCT TRANSACTIONS WITH THE 
                   CENTRAL BANK OF IRAN.

       Section 104 of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) 
     is amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Imposition of Sanctions on Foreign Financial 
     Institutions That Conduct Transactions With the Central Bank 
     of Iran.--
       ``(1) In general.--Subject to paragraphs (2), (3), and (4), 
     not later than 30 days after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2012, the 
     President shall--
       ``(A) prohibit the opening or maintaining in the United 
     States of a correspondent account or a payable-through 
     account by a foreign financial institution that the President 
     determines has knowingly conducted any financial transaction 
     with the Central Bank of Iran; and
       ``(B) freeze and prohibit all transactions in all property 
     and interests in property of each such foreign financial 
     institution if such property and interests in property are in 
     the United States, come within the United States, or are or 
     come within the possession or control of a United States 
     person.
       ``(2) Exception for sales of food, medicine, and medical 
     devices.--The President may not impose sanctions under 
     paragraph (1) on a foreign financial institution for engaging 
     in a transaction with the Central Bank of Iran for the sale 
     of food, medicine, or medical devices to Iran.
       ``(3) Applicability.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     paragraph (1) applies with respect to financial transactions 
     commenced on or after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2012.
       ``(B) Petroleum transactions.--Paragraph (1) applies with 
     respect to financial transactions for the purchase of 
     petroleum or petroleum products through the Central Bank of 
     Iran commenced on or after the date that is 180 days after 
     the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2012.
       ``(4) Waiver.--
       ``(A) In general.--The President may waive the application 
     of paragraph (1) with respect to a foreign financial 
     institution for a period of not more than 60 days, and may 
     renew that waiver for additional periods of not more than 60 
     days, if the President determines and reports to the 
     appropriate congressional committees every 60 days that the 
     waiver is necessary to the national security interest of the 
     United States.
       ``(B) Form.--A report submitted pursuant to subparagraph 
     (A) shall be submitted in unclassified form, but may contain 
     a classified annex.
       ``(5) Foreign financial institution.--For purposes of this 
     subsection, the term `foreign financial institution' includes 
     a financial institution owned or controlled by a foreign 
     government.''.
                                 ______
                                 
  SA 1085. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, insert the following:

             DIVISION ___--IDENTITY THEFT AND DATA PRIVACY

     SEC. _01. ORGANIZED CRIMINAL ACTIVITY IN CONNECTION WITH 
                   UNAUTHORIZED ACCESS TO PERSONALLY IDENTIFIABLE 
                   INFORMATION.

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

     SEC. _02. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN 
                   CONNECTION WITH COMPUTERS.

       Section 1030(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(c) The punishment for an offense under subsection (a) or 
     (b) of this section is--
       ``(1) a fine under this title or imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(1) of this section;
       ``(2)(A) except as provided in subparagraph (B), a fine 
     under this title or imprisonment for not more than 3 years, 
     or both, in the case of an offense under subsection (a)(2); 
     or
       ``(B) a fine under this title or imprisonment for not more 
     than ten years, or both, in the case of an offense under 
     paragraph (a)(2) of this section, if--
       ``(i) the offense was committed for purposes of commercial 
     advantage or private financial gain;
       ``(ii) the offense was committee in the furtherance of any 
     criminal or tortious act in violation of the Constitution or 
     laws of the United States, or of any State; or
       ``(iii) the value of the information obtained, or that 
     would have been obtained if the offense was completed, 
     exceeds $5,000;
       ``(3) a fine under this title or imprisonment for not more 
     than 1 year, or both, in the case of an offense under 
     subsection (a)(3) of this section;
       ``(4) a fine under this title or imprisonment of not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(4) of this section;
       ``(5)(A) except as provided in subparagraph (D), a fine 
     under this title, imprisonment for not more than 20 years, or 
     both, in the case of an offense under subsection (a)(5)(A) of 
     this section, if the offense caused--
       ``(i) loss to 1 or more persons during any 1-year period 
     (and, for purposes of an investigation, prosecution, or other 
     proceeding brought by the United States only, loss resulting 
     from a related course of conduct affecting 1 or more other 
     protected computers) aggregating at least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of 1 or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety;
       ``(v) damage affecting a computer used by, or on behalf of, 
     an entity of the United States Government in furtherance of 
     the administration of justice, national defense, or national 
     security; or
       ``(vi) damage affecting 10 or more protected computers 
     during any 1-year period;
       ``(B) a fine under this title, imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(5)(B), if the offense caused a harm provided 
     in clause (i) through (vi) of subparagraph (A) of this 
     subsection;
       ``(C) if the offender attempts to cause or knowingly or 
     recklessly causes death from

[[Page S7721]]

     conduct in violation of subsection (a)(5)(A), a fine under 
     this title, imprisonment for any term of years or for life, 
     or both; or
       ``(D) a fine under this title, imprisonment for not more 
     than 1 year, or both, for any other offense under subsection 
     (a)(5);
       ``(6) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(6) of this section; or
       ``(7) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(7) of this section.''.

     SEC. _03. TRAFFICKING IN PASSWORDS.

       Section 1030(a) of title 18, United States Code, is amended 
     by striking paragraph (6) and inserting the following:
       ``(6) knowingly and with intent to defraud traffics (as 
     defined in section 1029) in--
       ``(A) any password or similar information through which a 
     protected computer as defined in subparagraphs (A) and (B) of 
     subsection (e)(2) may be accessed without authorization; or
       ``(B) any means of access through which a protected 
     computer as defined in subsection (e)(2)(A) may be accessed 
     without authorization.''.

     SEC. _04. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

       Section 1030(b) of title 18, United States Code, is amended 
     by inserting ``for the completed offense'' after ``punished 
     as provided''.

     SEC. _05. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED 
                   ACTIVITY IN CONNECTION WITH COMPUTERS.

       Section 1030 of title 18, United States Code, is amended by 
     striking subsections (i) and (j) and inserting the following:
       ``(i) Criminal Forfeiture.--
       ``(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, or convicted of 
     conspiracy to violate this section, shall order, in addition 
     to any other sentence imposed and irrespective of any 
     provision of State law, that such person forfeit to the 
     United States--
       ``(A) such person's interest in any property, real or 
     personal, that was used, or intended to be used, to commit or 
     facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained, directly or 
     indirectly, as a result of such violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, including any seizure and disposition of the 
     property, and any related judicial or administrative 
     proceeding, shall be governed by the provisions of section 
     413 of the Comprehensive Drug Abuse Prevention and Control 
     Act of 1970 (21 U.S.C. 853), except subsection (d) of that 
     section.
       ``(j) Civil Forfeiture.--
       ``(1) The following shall be subject to forfeiture to the 
     United States and no property right, real or personal, shall 
     exist in them:
       ``(A) Any property, real or personal, that was used, or 
     intended to be used, to commit or facilitate the commission 
     of any violation of this section, or a conspiracy to violate 
     this section.
       ``(B) Any property, real or personal, constituting or 
     derived from any gross proceeds obtained directly or 
     indirectly, or any property traceable to such property, as a 
     result of the commission of any violation of this section, or 
     a conspiracy to violate this section.
       ``(2) Seizures and forfeitures under this subsection shall 
     be governed by the provisions in chapter 46 of title 18, 
     United States Code, relating to civil forfeitures, except 
     that such duties as are imposed on the Secretary of the 
     Treasury under the customs laws described in section 981(d) 
     of title 18, United States Code, shall be performed by such 
     officers, agents and other persons as may be designated for 
     that purpose by the Secretary of Homeland Security or the 
     Attorney General.''.

     SEC. _06. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``SEC. 1030A. AGGRAVATED DAMAGE TO A CRITICAL INFRASTRUCTURE 
                   COMPUTER.

       ``(a) Definitions.--In this section--
       ``(1) the terms `computer' and `damage' have the meanings 
     given such terms in section 1030; and
       ``(2) the term `critical infrastructure computer' means a 
     computer that manages or controls systems or assets vital to 
     national defense, national security, national economic 
     security, public health or safety, or any combination of 
     those matters, whether publicly or privately owned or 
     operated, including--
       ``(A) gas and oil production, storage, and delivery 
     systems;
       ``(B) water supply systems;
       ``(C) telecommunication networks;
       ``(D) electrical power delivery systems;
       ``(E) finance and banking systems;
       ``(F) emergency services;
       ``(G) transportation systems and services; and
       ``(H) government operations that provide essential services 
     to the public.
       ``(b) Offense.--It shall be unlawful to, during and in 
     relation to a felony violation of section 1030, intentionally 
     cause or attempt to cause damage to a critical infrastructure 
     computer, and such damage results in (or, in the case of an 
     attempt, would, if completed have resulted in) the 
     substantial impairment--
       ``(1) of the operation of the critical infrastructure 
     computer; or
       ``(2) of the critical infrastructure associated with the 
     computer.
       ``(c) Penalty.--Any person who violates subsection (b) 
     shall be fined under this title, imprisoned for not less than 
     3 years nor more than 20 years, or both.
       ``(d) Consecutive Sentence.--Notwithstanding any other 
     provision of law--
       ``(1) a court shall not place on probation any person 
     convicted of a violation of this section;
       ``(2) except as provided in paragraph (4), no term of 
     imprisonment imposed on a person under this section shall run 
     concurrently with any other term of imprisonment, including 
     any term of imprisonment imposed on the person under any 
     other provision of law, including any term of imprisonment 
     imposed for the felony violation section 1030;
       ``(3) in determining any term of imprisonment to be imposed 
     for a felony violation of section 1030, a court shall not in 
     any way reduce the term to be imposed for such crime so as to 
     compensate for, or otherwise take into account, any separate 
     term of imprisonment imposed or to be imposed for a violation 
     of this section; and
       ``(4) a term of imprisonment imposed on a person for a 
     violation of this section may, in the discretion of the 
     court, run concurrently, in whole or in part, only with 
     another term of imprisonment that is imposed by the court at 
     the same time on that person for an additional violation of 
     this section, provided that such discretion shall be 
     exercised in accordance with any applicable guidelines and 
     policy statements issued by the United States Sentencing 
     Commission pursuant to section 994 of title 28.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1030 
     the following:

``Sec. 1030A. Aggravated damage to a critical infrastructure 
              computer.''.

     SEC. _07. LIMITATION ON CERTAIN ACTIONS INVOLVING 
                   UNAUTHORIZED USE.

       Section 1030(a)(2) of title 18, United States Code, is 
     amended by striking subsection (a)(2) and inserting the 
     following:
       ``(2) intentionally accesses a computer --
       ``(A) without authorization, and thereby obtains--
       ``(i) information contained in a financial record of a 
     financial institution, or of a card issuer as defined in 
     section 1602(n) of title 15, or contained in a file of a 
     consumer reporting agency on a consumer, as such terms are 
     defined in the Fair Credit Reporting Act (15 U.S.C. 1681 et 
     seq.);
       ``(ii) information from any department or agency of the 
     United States; or
       ``(iii) information from any protected computer; or
       ``(B) in excess of authorization, thereby obtains--
       ``(i) information defined in subparagraph (A) (i) through 
     (iii); and
       ``(ii) the offense involves--

       ``(I) information that exceeds $5,000 in value;
       ``(II) sensitive or private information involving an 
     identifiable individual or entity (including such information 
     in the possession of a third party), including medical 
     records, wills, diaries, private correspondence, government-
     issued identification numbers, unique biometric data, 
     financial records, photographs of a sensitive or private 
     nature, trade secrets, commercial business information, or 
     other similar information;
       ``(III) information that has been properly classified by 
     the United States Government pursuant to an Executive Order 
     or statute, or determined by the United States Government 
     pursuant to an Executive order or statute to require 
     protection against unauthorized disclosure for reasons of 
     national security, national defense, or foreign relations, or 
     any restricted data, as defined in paragraph y of section 11 
     of the Atomic Energy Act of 1954; or
       ``(IV) information obtained from a computer used by, or on 
     behalf of, a government entity.''.

     SEC. _08. REPORTING OF CERTAIN CRIMINAL CASES.

       Section 1030 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(k) Reporting Certain Criminal Cases.--Not later than 1 
     year after the date of the enactment of this Act, and 
     annually thereafter, the Attorney General shall report to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives the number of 
     criminal cases brought under subsection (a)(2)(B), as amended 
     by this Act.''.
                                 ______
                                 
  SA 1086. Mr. ROBERTS (for himself and Mr. Moran) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

[[Page S7722]]

     SEC. ___. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF 
                   HONOR TO EMIL KAPAUN FOR ACTS OF VALOR DURING 
                   THE KOREAN WAR.

       (a) Authorization.--Notwithstanding the time limitations 
     specified in section 3744 of title 10, United States Code, or 
     any other time limitation with respect to the awarding of 
     certain medals to persons who served in the Armed Forces, the 
     President is authorized and requested to award the Medal of 
     Honor posthumously under section 3741 of such title to Emil 
     Kapaun for the acts of valor during the Korean War described 
     in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of then Captain Emil Kapaun 
     as a member of the 8th Cavalry Regiment during the Battle of 
     Unsan on November 1 and 2, 1950, and while a prisoner of war 
     until his death on May 23, 1951, during the Korean War.
                                 ______
                                 
  SA 1087. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 1044 and insert the following:

     SEC. 1044. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF 
                   CERTAIN SENSITIVE NATIONAL SECURITY 
                   INFORMATION.

       (a) Critical Infrastructure Security Information.--
       (1) In general.--The Secretary of Defense may exempt 
     Department of Defense critical infrastructure security 
     information from disclosure under section 552 of title 5, 
     United States Code, upon a written determination that--
       (A) the disclosure of such information would reveal 
     vulnerabilities in such infrastructure that, if exploited, 
     could result in the disruption, degradation, or destruction 
     of Department of Defense operations, property, or facilities; 
     and
       (B) the public interest in the disclosure of such 
     information does not outweigh the Government's interest in 
     withholding such information from the public.
       (2) Information provided to state or local first 
     responders.--Critical infrastructure security information 
     covered by a written determination under this subsection that 
     is provided to a State or local government to assist first 
     responders in the event that emergency assistance should be 
     required shall be deemed to remain under the control of the 
     Department of Defense.
       (b) Military Flight Operations Quality Assurance System.--
     The Secretary of Defense may exempt information contained in 
     any data file of the Military Flight Operations Quality 
     Assurance system of a military department from disclosure 
     under section 552 of title 5, United States Code, upon a 
     written determination that the disclosure of such information 
     in the aggregate (and when combined with other information 
     already in the public domain) would reveal sensitive 
     information regarding the tactics, techniques, procedures, 
     processes, or operational and maintenance capabilities of 
     military combat aircraft, units, or aircrews. Information 
     covered by a written determination under this subsection 
     shall be exempt from disclosure under such section 552 even 
     when such information is contained in a data file that is not 
     exempt in its entirety from such disclosure.
       (c) Delegation.--The Secretary of Defense may delegate the 
     authority to make a determination under subsection (a) or (b) 
     to any civilian official in the Department of Defense or a 
     military department who is appointed by the President, by and 
     with the advice and consent of the Senate.
       (d) Transparency.--Each determination of the Secretary, or 
     the Secretary's designee, under subsection (a) or (b) shall 
     be made in writing and accompanied by a statement of the 
     basis for the determination. All such determinations and 
     statements of basis shall be available to the public, upon 
     request, through the office of the Assistant Secretary of 
     Defense for Public Affairs.
       (e) Definitions.--In this section:
       (1) The term ``Department of Defense critical 
     infrastructure security information'' means sensitive but 
     unclassified information that could substantially facilitate 
     the effectiveness of an attack designed to destroy equipment, 
     create maximum casualties, or steal particularly sensitive 
     military weapons including information regarding the securing 
     and safeguarding of explosives, hazardous chemicals, or 
     pipelines, related to critical infrastructure or protected 
     systems owned or operated by or on behalf of the Department 
     of Defense, including vulnerability assessments prepared by 
     or on behalf of the Department, explosives safety information 
     (including storage and handling), and other site-specific 
     information on or relating to installation security.
       (2) The term ``data file'' means a file of the Military 
     Flight Operations Quality Assurance system that contains 
     information acquired or generated by the Military Flight 
     Operations Quality Assurance system, including the following:
       (A) Any data base containing raw Military Flight Operations 
     Quality Assurance data.
       (B) Any analysis or report generated by the Military Flight 
     Operations Quality Assurance system or which is derived from 
     Military Flight Operations Quality Assurance data.
                                 ______
                                 
  SA 1088. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed by him to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 325. PUBLIC-PRIVATE COMPETITIONS FOR CONVERSION OF 
                   DEPARTMENT OF DEFENSE FUNCTIONS TO PERFORMANCE 
                   BY CONTRACTORS.

       Section 325 of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2253) is 
     amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Implementation of Policy on Public-private 
     Competitions.--The Secretary of Defense shall prescribe 
     regulations to ensure that the findings in the report 
     required under subsection (b) and any conclusions or 
     recommendations of the Comptroller General included in the 
     report required under subsection (c) are implemented not 
     later than one year after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2012.''; 
     and
       (2) by striking subsection (d).
                                 ______
                                 
  SA 1089. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed by him to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 547. DISCLOSURE REQUIREMENTS FOR POST-SECONDARY 
                   INSTITUTIONS PARTICIPATING IN DEPARTMENT OF 
                   DEFENSE TUITION ASSISTANCE PROGRAMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of Education, shall prescribe 
     regulations requiring post-secondary education institutions 
     that participate in Department of Defense tuition assistance 
     programs, as a condition of such participation, to disclose 
     with respect to each student receiving such tuition 
     assistance the following information:
       (1) Whether the successful completion of the advertised 
     education or training program by a student meets 
     prerequisites for the purpose of applying for and completing 
     an examination or license required as a precondition for 
     employment in the occupation for which the program is 
     represented to prepare the student.
       (2) The completion date of degree, certification, or 
     license sought by the student participating in the tuition 
     assistance program.
       (b) Applicability.--For purposes of this section, the term 
     ``Department of Defense tuition assistance program'' applies 
     to financial tuition assistance provided by the Department of 
     Defense to active duty servicemembers and eligible spouses.
                                 ______
                                 
  SA 1090. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed by him to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VI, add the following:

                     Subtitle D--Pay and Allowances

     SEC. 641. NO REDUCTION IN BASIC ALLOWANCE FOR HOUSING FOR 
                   NATIONAL GUARD MEMBERS WHO TRANSITION BETWEEN 
                   ACTIVE DUTY AND FULL-TIME NATIONAL GUARD DUTY 
                   WITHOUT A BREAK IN ACTIVE SERVICE.

       Section 403(g) of title 37, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6) The rate of basic allowance for housing to be paid a 
     member of the Army National Guard of the United States or the 
     Air National Guard of the United States shall not be reduced 
     upon the transition of the member from active duty to full-
     time National Guard duty, or from full-time National Guard 
     duty to active duty, when the transition occurs without a 
     break in active service.''.
                                 ______
                                 
  SA 1091. Mr. SANDERS submitted an amendment intended to be proposed 
to

[[Page S7723]]

amendment SA 957 proposed by Mr. Reid to the bill H.R. 2354, making 
appropriations for energy and water development and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 181, after line 9, insert the following:
       Sec. __. (a) The Comptroller General of the United States 
     shall conduct a study regarding State legislative actions 
     during the 10 years prior to the date of enactment of this 
     Act that may affect voter registration or voting. The study 
     shall identify, by State, what documents are required in 
     order to obtain sufficient identification for registration or 
     voting, the cost to the individual for those documents, and 
     what access is available to the State agencies responsible 
     for providing that documentation, including hours of 
     operation and geographic distribution of the agencies. The 
     study shall identity the States that have passed voter 
     identification legislation, the States that are providing 
     free identification, the number of free identifications that 
     have been provided by each such State, and which agencies in 
     each such State have provided those identifications. The 
     study shall collect data on any prosecutions or convictions 
     for voter impersonation fraud within each State during the 10 
     years prior to the date of enactment of this Act. The study 
     shall also examine the extent to which each State complies 
     with data requests from the Federal Election Commission. The 
     Comptroller General shall collect this data to the extent 
     available and shall identify any limitations in collecting 
     such data. Not later than 120 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall provide an interim briefing to the committees of 
     jurisdiction of the Senate and the House of Representatives 
     on the study conducted under this subsection. Members of 
     Congress may request clarifying information as appropriate 
     based on the information provided in the briefing.
       (b) Not later than 11 months after the date of enactment of 
     this Act, the Comptroller General shall submit to the 
     committees of jurisdiction of the Senate and the House of 
     Representatives a final report containing the results of the 
     study conducted under subsection (a).
                                 ______
                                 
  SA 1092. Mr. LEVIN (for himself, Mr. McCain, Mr. Akaka, Mr. 
Chambliss, Mr. Blumenthal, Mr. Inhofe, Mrs. Gillibrand, Mr. Nelson of 
Nebraska, Ms. Stabenow, Mr. Udall of Colorado, Mr. Webb, Mr. Manchin, 
and Mr. Whitehouse) proposed an amendment to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 848. DETECTION AND AVOIDANCE OF COUNTERFEIT ELECTRONIC 
                   PARTS.

       (a) Revised Regulations Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     revise the Department of Defense Supplement to the Federal 
     Acquisition Regulation to address the detection and avoidance 
     of counterfeit electronic parts.
       (2) Contractor responsibilities.--The revised regulations 
     issued pursuant to paragraph (1) shall provide that--
       (A) contractors on Department of Defense contracts for 
     products that include electronic parts are responsible for 
     detecting and avoiding the use or inclusion of counterfeit 
     electronic parts or suspect counterfeit electronic parts in 
     such products and for any rework or corrective action that 
     may be required to remedy the use or inclusion of such parts; 
     and
       (B) the cost of counterfeit electronic parts and suspect 
     counterfeit electronic parts and the cost of rework or 
     corrective action that may be required to remedy the use or 
     inclusion of such parts are not allowable costs under such 
     contracts.
       (3) Trusted suppliers.--The revised regulations issued 
     pursuant to paragraph (1) shall--
       (A) require that, whenever possible, the Department of 
     Defense and Department of Defense contractors and 
     subcontractors--
       (i) obtain electronic parts that are in production or 
     currently available in stock from the original manufacturers 
     of the parts or their authorized dealers, or from trusted 
     suppliers who obtain such parts exclusively from the original 
     manufacturers of the parts or their authorized dealers; and
       (ii) obtain electronic parts that are not in production or 
     currently available in stock from trusted suppliers;
       (B) establish requirements for notification of the 
     Department of Defense, inspection, test, and authentication 
     of electronic parts that the Department of Defense or a 
     Department of Defense contractor or subcontractor obtains 
     from any source other than a source described in subparagraph 
     (A);
       (C) establish qualification requirements, consistent with 
     the requirements of section 2319 of title 10, United States 
     Code, pursuant to which the Department of Defense may 
     identify trusted suppliers that have appropriate policies and 
     procedures in place to detect and avoid counterfeit 
     electronic parts and suspect counterfeit electronic parts; 
     and
       (D) authorize Department of Defense contractors and 
     subcontractors to identify and use additional trusted 
     suppliers, provided that--
       (i) the standards and processes for identifying such 
     trusted suppliers complies with established industry 
     standards;
       (ii) the contractor or subcontractor assumes responsibility 
     for the authenticity of parts provided by such supplier as 
     provided in paragraph (2); and
       (iii) the selection of such trusted suppliers is subject to 
     review and audit by appropriate Department of Defense 
     officials.
       (4) Reporting requirement.--The revised regulations issued 
     pursuant to paragraph (1) shall require that any Department 
     of Defense contractor or subcontractor who becomes aware, or 
     has reason to suspect, that any end item, component, part, or 
     material contained in supplies purchased by the Department of 
     Defense, or purchased by a contractor of subcontractor for 
     delivery to, or on behalf of, the Department of Defense, 
     contains counterfeit electronic parts or suspect counterfeit 
     electronic parts, shall provide a written report on the 
     matter within 30 calendar days to the Inspector General of 
     the Department of Defense, the contracting officer for the 
     contract pursuant to which the supplies are purchased, and 
     the Government-Industry Data Exchange Program or a similar 
     program designated by the Secretary of Defense.
       (b) Inspection of Imported Electronic Parts.--
       (1) Inspection program.--Not later than 270 days after the 
     date of the enactment of this Act, the Secretary of Homeland 
     Security shall establish a program of enhanced inspection by 
     U.S. Customs and Border Patrol of electronic parts imported 
     from any country that has been determined by the Secretary of 
     Defense to have been a significant source of counterfeit 
     electronic parts or suspect counterfeit electronic parts in 
     the supply chain for products purchased by the Department of 
     Defense over the previous five years.
       (2) Information sharing.--In carrying out the program 
     required under paragraph (1) and in accordance with 
     regulations issued by the Secretary of Homeland Security, the 
     Secretary is authorized to provide the owner of a copyright 
     or registered mark (as defined in section 1127 of title 15, 
     United States Code) any information appearing on the imported 
     merchandise or its retail packaging, and a sample of such 
     merchandise and its retail packaging in their condition as 
     presented for customs examination, as well as any packing 
     material that bears an accused mark or work, when necessary 
     in the view of the Secretary to assist the Secretary with 
     determining whether the copyright has been pirated or the 
     registered mark has been counterfeited.
       (c) Contractor Systems for Detection and Avoidance of 
     Counterfeit and Suspect Counterfeit Electronic Parts.--
       (1) In general.--Not later than 270 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     implement a program for the improvement of contractor systems 
     for the detection and avoidance of counterfeit electronic 
     parts and suspect counterfeit electronic parts.
       (2) Elements.--The program developed pursuant to paragraph 
     (1) shall--
       (A) require covered contractors to adopt and implement 
     policies and procedures, consistent with applicable industry 
     standards, for the detection and avoidance of counterfeit 
     electronic parts and suspect counterfeit electronic parts, 
     including policies and procedures for training personnel, 
     designing and maintaining systems to mitigate risks 
     associated with parts obsolescence, making sourcing 
     decisions, prioritizing mission critical and sensitive 
     components, ensuring traceability of parts, developing lists 
     of trusted and untrusted suppliers, flowing down requirements 
     to subcontractors, inspecting and testing parts, reporting 
     and quarantining suspect counterfeit electronic parts and 
     counterfeit electronic parts, and taking corrective action;
       (B) establish processes for the review and approval or 
     disapproval of contractor systems for the detection and 
     avoidance of counterfeit electronic parts and suspect 
     counterfeit electronic parts, comparable to the processes 
     established for contractor business systems under section 893 
     of the Ike Skelton National Defense Authorization Act for 
     Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4311; 10 
     U.S.C. 2302 note); and
       (C) effective beginning one year after the date of the 
     enactment of this Act, authorize the withholding of payments 
     as provided in subsection (c) of such section, in the event 
     that a contractor system for detection and avoidance of 
     counterfeit electronic parts is disapproved pursuant to 
     subparagraph (B) and has not subsequently received approval.
       (3) Covered contractor and covered contract defined.--In 
     this subsection, the terms ``covered contractor'' and 
     ``covered contract'' have the meanings given such terms in 
     section 893(f) of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383; 
     124 Stat. 4312; 10 U.S.C. 2302 note).
       (d) Department of Defense Responsibilities.--Not later than 
     270 days after the date of the enactment of this Act, the 
     Secretary

[[Page S7724]]

     of Defense shall take steps to address shortcomings in 
     Department of Defense systems for the detection and avoidance 
     of counterfeit electronic parts and suspect counterfeit 
     electronic parts. Such steps shall include, at a minimum, the 
     following:
       (1) Policies and procedures applicable to Department of 
     Defense components engaged in the purchase of electronic 
     parts, including requirements for training personnel, making 
     sourcing decisions, ensuring traceability of parts, 
     inspecting and testing parts, reporting and quarantining 
     suspect counterfeit electronic parts and counterfeit 
     electronic parts, and taking corrective action. The policies 
     and procedures developed by the Secretary under this 
     paragraph shall prioritize mission critical and sensitive 
     components.
       (2) The establishment of a system for ensuring that 
     government employees who become aware of, or have reason to 
     suspect, that any end item, component, part, or material 
     contained in supplies purchased by or for the Department of 
     Defense contains counterfeit electronic parts or suspect 
     counterfeit electronic parts are required to provide a 
     written report on the matter within 30 calendar days to the 
     Inspector General of the Department of Defense, the 
     contracting officer for the contract pursuant to which the 
     supplies are purchased, and the Government-Industry Data 
     Exchange Program or a similar program designated by the 
     Secretary of Defense.
       (3) A process for analyzing, assessing, and acting on 
     reports of counterfeit electronic parts and suspect 
     counterfeit electronic parts that are submitted to the 
     Inspector General of the Department of Defense, contracting 
     officers, and the Government-Industry Data Exchange Program 
     or a similar program designated by the Secretary of Defense.
       (4) Guidance on appropriate remedial actions in the case of 
     a supplier who has repeatedly failed to detect and avoid 
     counterfeit electronic parts and suspect counterfeit 
     electronic parts or otherwise failed to exercise due 
     diligence in the detection and avoidance of such parts, 
     including consideration of whether to suspend or debar a 
     supplier until such time as the supplier has effectively 
     addressed the issues that led to such failures.
       (e) Trafficking in Counterfeit Military Goods or 
     Services.--Section 2320 of title 18, United States Code, is 
     amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Military goods or services.--
       ``(A) In general.--A person who commits an offense under 
     paragraph (1) shall be punished in accordance with 
     subparagraph (B) if--
       ``(i) the offense involved a good or service described in 
     paragraph (1) that if it malfunctioned, failed, or was 
     compromised, could reasonably be foreseen to cause--

       ``(I) serious bodily injury or death;
       ``(II) disclosure of classified information;
       ``(III) impairment of combat operations; or
       ``(IV) other significant harm to a member of the Armed 
     Forces or to national security; and

       ``(ii) the person had knowledge that the good or service is 
     falsely identified as meeting military standards or is 
     intended for use in a military or national security 
     application.
       ``(B) Penalties.--
       ``(i) Individual.--An individual who commits an offense 
     described in subparagraph (A) shall be fined not more than 
     $5,000,000, imprisoned for not more than 20 years, or both.
       ``(ii) Person other than an individual.--A person other 
     than an individual that commits an offense described in 
     subparagraph (A) shall be fined not more than $15,000,000.
       ``(C) Subsequent offenses.--
       ``(i) Individual.--An individual who commits an offense 
     described in subparagraph (A) after the individual is 
     convicted of an offense under subparagraph (A) shall be fined 
     not more than $15,000,000, imprisoned not more than 30 years, 
     or both.
       ``(ii) Person other than an individual.--A person other 
     than an individual that commits an offense described in 
     subparagraph (A) after the person is convicted of an offense 
     under subparagraph (A) shall be fined not more than 
     $30,000,000.''; and
       (2) in subsection (e)--
       (A) in paragraph (1), by striking the period at the end and 
     inserting a semicolon;
       (B) in paragraph (3), by striking ``and'' at the end;
       (C) in paragraph (4), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(5) the term `falsely identified as meeting military 
     standards' relating to a good or service means there is a 
     material misrepresentation that the good or service meets a 
     standard, requirement, or specification issued by the 
     Department of Defense, an Armed Force, or a reserve 
     component; and
       ``(6) the term `use in a military or national security 
     application' means the use of a good or service, 
     independently, in conjunction with, or as a component of 
     another good or service--
       ``(A) during the performance of the official duties of the 
     Armed Forces of the United States or the reserve components 
     of the Armed Forces; or
       ``(B) by the United States to perform or directly support--
       ``(i) combat operations; or
       ``(ii) critical national defense or national security 
     functions.''.
       (f) Sentencing Guidelines.--
       (1) Definition.--In this subsection, the term ``critical 
     infrastructure'' has the meaning given that term in 
     application note 13(A) of section 2B1.1 of the Federal 
     Sentencing Guidelines.
       (2) Directive.--The United States Sentencing Commission 
     shall review and, if appropriate, amend the Federal 
     Sentencing Guidelines and policy statements applicable to 
     persons convicted of an offense under section 2320(a) of 
     title 18, United States Code, to reflect the intent of 
     Congress that penalties for such offenses be increased for 
     defendants that sell infringing products to, or for the use 
     by or for, the Armed Forces or a Federal, State, or local law 
     enforcement agency or for use in critical infrastructure or 
     in national security applications.
       (3) Requirements.--In amending the Federal Sentencing 
     Guidelines and policy statements under paragraph (2), the 
     United States Sentencing Commission shall--
       (A) ensure that the guidelines and policy statements, 
     including section 2B5.3 of the Federal Sentencing Guidelines 
     (and any successor thereto), reflect--
       (i) the serious nature of the offenses described in section 
     2320(a) of title 18, United States Code;
       (ii) the need for an effective deterrent and appropriate 
     punishment to prevent offenses under section 2320(a) of title 
     18, United States Code; and
       (iii) the effectiveness of incarceration in furthering the 
     objectives described in clauses (i) and (ii);
       (B) consider an appropriate offense level enhancement and 
     minimum offense level for offenses that involve a product 
     used to maintain or operate critical infrastructure, or used 
     by or for an entity of the Federal Government or a State or 
     local government in furtherance of the administration of 
     justice, national defense, or national security;
       (C) ensure reasonable consistency with other relevant 
     directives and guidelines and Federal statutes;
       (D) make any necessary conforming changes to the 
     guidelines; and
       (E) ensure that the guidelines relating to offenses under 
     section 2320(a) of title 18, United States Code, adequately 
     meet the purposes of sentencing, as described in section 
     3553(a)(2) of title 18, United States Code.
       (4) Emergency authority.--The United States Sentencing 
     Commission shall--
       (A) promulgate the guidelines, policy statements, or 
     amendments provided for in this Act as soon as practicable, 
     and in any event not later than 180 days after the date of 
     the enactment of this Act, in accordance with the procedure 
     set forth in section 21(a) of the Sentencing Act of 1987 (28 
     U.S.C. 994 note), as though the authority under that Act had 
     not expired; and
       (B) pursuant to the emergency authority provided under 
     subparagraph (A), make such conforming amendments to the 
     Federal Sentencing Guidelines as the Commission determines 
     necessary to achieve consistency with other guideline 
     provisions and applicable law.
       (g) Definitions.--
       (1) Counterfeit electronic part.--The Secretary of Defense 
     shall define the term ``counterfeit electronic part'' for the 
     purposes of this section. Such definition shall include used 
     electronic parts that are represented as new.
       (2) Suspect counterfeit electronic part and electronic 
     part.--For the purposes of this section:
       (A) A part is a ``suspect counterfeit electronic part'' if 
     visual inspection, testing, or other information provide 
     reason to believe that the part may be a counterfeit part.
       (B) An ``electronic part'' means an integrated circuit, a 
     discrete electronic component (including but not limited to a 
     transistor, capacitor, resistor, or diode), or a circuit 
     assembly.
                                 ______
                                 
  SA 1093. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) The United States is still in a global war on terror 
     and engaged in armed conflict with terrorist organizations, 
     and will continue to capture terrorists who will need to be 
     detained in a secure facility.
       (2) Since 2002, enemy combatants have been captured by the 
     United States and its allies and detained in facilities at 
     the Guantanamo Bay Detention Facility (GTMO) at United States 
     Naval Station, Guantanamo Bay, Cuba.
       (3) The United States has detained almost 800 al-Qaeda and 
     Taliban combatants at the Guantanamo Bay Detention Facility.
       (4) More than 600 detainees have been tried, transferred, 
     or released from the Guantanamo Bay Detention Facility to 
     other countries.

[[Page S7725]]

       (5) The last enemy combatant brought to the Guantanamo Bay 
     Detention Facility for detention was brought in June 2008.
       (6) The military detention facilities at the Guantanamo Bay 
     Detention Facility meet the highest international standards, 
     and play a fundamental part in protecting the lives of 
     Americans from terrorism.
       (7) The Guantanamo Bay Detention Facility is a state-of-
     the-art facility that provides humane treatment for all 
     detainees, is fully compliant with the Geneva Convention, and 
     provides treatment and oversight that exceed any maximum-
     security prison in the world, as attested to by human rights 
     organizations, the International Committee of the Red Cross, 
     Attorney General Holder, and an independent commission led 
     Admiral Walsh.
       (8) The Guantanamo Bay Detention Facility is a secure 
     location away from population centers, provides maximum 
     security required to prevent escape, provides multiple levels 
     of confinement opportunities based on the compliance of 
     detainees, and provides medical care not available a majority 
     of the population of the world.
       (9) The Expeditionary Legal Complex (ELC) at the Guantanamo 
     Bay Detention Facility is the only one of its kind in the 
     world. It provides a secure location to secure and try 
     detainees charged by the United States Government, full 
     access to sensitive and classified information, full access 
     to defense lawyers and prosecution, and full media access by 
     the press.
       (10) The Guantanamo Bay Detention Facility is the single 
     greatest repository of human intelligence in the war on 
     terror.
       (11) The intelligence derived from the Guantanamo Bay 
     Detention Facility has prevented terrorist attacks and saved 
     lives in the past and continues to do so today.
       (12) The intelligence obtained from questioning detainees 
     at the Guantanamo Bay Detention Facility includes information 
     on the following:
       (A) The organizational structure of al-Qaeda, the Taliban, 
     and other terrorist groups.
       (B) The extent of the presence of terrorists in Europe, the 
     United States, and the Middle East, and elsewhere around the 
     globe.
       (C) The pursuit of weapons of mass destruction by al-Qaeda.
       (D) The methods of recruitment by al-Qaeda and the 
     locations of its recruitment centers.
       (E) The skills of terrorists, including general and 
     specialized operative training.
       (F) The means by which legitimate financial activities are 
     used to hide terrorist operations.
       (13) Key intelligence used to find Osama bin Laden was 
     obtained at least in part through the use of enhanced 
     interrogation of detainees at the Guantanamo Bay Detention 
     Facility, with Leon Panetta, Director of the Central 
     Intelligence Agency, acknowledging that ``[c]learly some of 
     it came from detainees and the interrogation of detainees. . 
     .'' and confirming that ``they used these enhanced 
     interrogation techniques against some of those detainees''.
       (b) Requirement.--Each high-value enemy combatant who is 
     captured or otherwise taken into long-term custody or 
     detention by the United States shall, while under such 
     detention of the United States, be detained at the Guantanamo 
     Bay Detention Facility (GTMO) at United States Naval Station, 
     Guantanamo Bay, Cuba.
       (c) High-value Enemy Combatant Defined.--In this section, 
     the term ``high-value enemy combatant'' means an enemy 
     combatant who--
       (1) is a senior member of al-Qaeda, the Taliban, or any 
     associated terrorist group;
       (2) has knowledge of an imminent terrorist threat against 
     the United States or its territories, the Armed Forces of the 
     United States, the people or organizations of the United 
     States, or an ally of the United States;
       (3) has, or has had, direct involvement in planning or 
     preparing a terrorist action against the United States or an 
     ally of the United States or in assisting the leadership of 
     al-Qaeda, the Taliban, or any associated terrorist group in 
     planning or preparing such a terrorist action; or
       (4) if released from detention, would constitute a clear 
     and continuing threat to the United States or any ally of the 
     United States.
                                 ______
                                 
  SA 1094. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       Section 2304(b) of title 10, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) The Secretary of Commerce shall be treated as the 
     head of an agency for purposes of procurements under 
     paragraph (1) that are covered by a determination under 
     subparagraph (C) of that paragraph.''.
                                 ______
                                 
  SA 1095. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) Findings.--The Senate makes the following findings:
       (1) A decade of deployments for the United States Armed 
     Forces has led to significant increases in traumatic stress 
     for members of the Armed Forces and their families.
       (2) Increases in the severity and frequency of stress for 
     members of the Armed Forces and their families has driven up 
     demand for mental health counseling services by specially 
     trained counselors and military chaplains.
       (3) The emotional needs, mental strain, and interpersonal 
     issues that arise among soldiers and their families before, 
     during, and after deployment are highly unique. It is 
     critical that military counselors and chaplains have a 
     specialized understanding of the total deployment experience.
       (4) The military chaplain's corps for all military services 
     has experienced significant shortfalls in personnel. The Army 
     and Army National Guard have been especially affected by the 
     inability to field needed personnel.
       (5) A muted ability to field qualified military health 
     counselors and chaplains has an adverse affect on the mental 
     and emotional health of members of the Armed Forces and their 
     families.
       (6) The United States Army Chaplain Center and School, 
     United States Navy Chaplaincy School and Center, and other 
     military chaplaincy schools rely on accredited universities, 
     seminaries, and religious schools to produce qualified 
     counselors and chaplain candidates.
       (7) It is important that accredited universities, 
     seminaries, and religious schools producing chaplain 
     candidates or providing post-graduate education and 
     supplemental training adequately prepare students with the 
     training required to address the needs of members of the 
     Armed Forces and their families.
       (8) There is both opportunity and need for the Chaplain 
     Corps of the United States Armed Forces to work with 
     accredited universities, seminaries, and religious schools to 
     produce qualified counselors and chaplain candidates and 
     provide post-graduate education and supplemental training, 
     and to do so in a way that is cost effective.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Secretary of Defense, in conjunction with the Chief 
     of Chaplains for each military service, should produce a plan 
     to ensure sustainable throughput of qualified chaplains in 
     the military chaplain centers and schools; and
       (2) the plan should include integration of accredited 
     universities, seminaries, and religious schools to include 
     programmatic augmentation when efficient and fiscally 
     advantageous.
                                 ______
                                 
  SA 1096. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

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

[[Page S7726]]

       (3) In 1992 during the Persian Gulf War, Congress created 
     the Defense and Veterans Head Injury Program (DVHIP) to 
     integrate specialized Traumatic Brain Injury care, research, 
     and education across the military and veteran medical care 
     systems.
       (4) With Congressional oversight and appropriations, the 
     Department of Defense subsequently transitioned the Defense 
     and Veterans Head Injury Program to the Defense and Veterans 
     Brain Injury Center (DVBIC) in order improve the military and 
     veterans medical communities ability to develop and provide 
     advanced Traumatic Brain Injury-specific evaluation, 
     treatment, and follow-up care for military personnel, their 
     beneficiaries, and veterans with mild to severe Traumatic 
     Brain Injury.
       (5) Though Congress, the Department of Defense, and the 
     Department of Veterans Affairs have increased the capacity to 
     provide health services, particularly in the areas of mental 
     health and Traumatic Brain Injury, gaps in access and quality 
     remain, to include a selected method for diagnosing a 
     Traumatic Brain Injury, a consistent process for treatment 
     for a Traumatic Brain Injury, availability of providers, 
     shortages of personnel, organizational deficiencies, cultural 
     understanding and acceptance, and available technology in 
     diagnosis and treatment.
       (6) Gaps in quality of care and limited access to proper 
     care remain for both members of the Armed Forces and 
     veterans, especially veterans who are demobilized members of 
     the National Guard and Reserve. Some estimates indicate that 
     approximately 57 percent of those returning from Iraq and 
     Afghanistan are not being evaluated by a physician for a 
     brain injury.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Department of Defense and Department of Veterans 
     Affairs should be commended for increasing the treatment 
     options for Traumatic Brain Injury that are available to 
     veterans;
       (2) the Secretary of Defense should, in consultation with 
     the Secretary of Veterans Affairs, continue to test, prove, 
     and make available viable treatment options for Traumatic 
     Brain Injury, including alternative treatment methods that 
     have been determined, through testing, to be an effective 
     form of treatment; and
       (3) the Secretary of Defense and the Secretary of Veterans 
     Affairs should take actions to ensure that existing veteran 
     and medical benefits cover the use of viable available 
     treatment options for Traumatic Brain Injury, including 
     alternative treatment methods.
                                 ______
                                 
  SA 1097. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) There are over 200 programs within the Department of 
     Defense that address psychological health and traumatic brain 
     injury (TBI).
       (2) The number of programs reflects the seriousness with 
     which the Department and the United States Government and 
     people take the treatment of the invisible wounds of the wars 
     in Iraq and Afghanistan.
       (3) Notwithstanding the proliferation of programs, there 
     are still gaps in the treatment of our wounded warriors.
       (4) Because of the proliferation of programs, redundancies 
     and inefficiencies exist and waste resources that would 
     otherwise be used to effectively treat members of the Armed 
     Forces suffering from psychological health and traumatic 
     brain injuries.
       (5) Section 1618 of the Wounded Warriors Act (title XVI of 
     Public Law 110-181; 122 Stat. 450; 10 U.S.C. 1071 note) 
     required the Secretary of Defense to submit a comprehensive 
     plan for programs and activities of the Department of Defense 
     to prevent, diagnose, mitigate, treat, research, and 
     otherwise respond to traumatic brain injury, post-traumatic 
     stress disorder, and other mental health conditions in 
     members of the Armed Forces.
       (6) The plan required in that Act was to assess the 
     capabilities of the Department, identify capability gaps, 
     identify resources required, and identify appropriate 
     leadership that would coordinate the various programs.
       (7) Section 1621 of the Wounded Warriors Act (title XVI of 
     Public Law 110-181; 122 Stat. 453; 10 U.S.C. 1071 note) 
     established the Defense Centers of Excellence for 
     Psychological Health and Traumatic Brain Injury (DCoE) to 
     implement the Department's comprehensive plan and strategy.
       (b) Streamlining Plan.--
       (1) Plan required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan to 
     streamline programs currently sponsored or funded by the 
     Department to address psychological health and traumatic 
     brain injury.
       (2) Elements.--The plan required under paragraph (1) shall 
     include the following elements:
       (A) A complete catalog of programs currently sponsored or 
     funded by the Department to address psychological health and 
     traumatic brain injury, including details of the intended 
     function of each program.
       (B) An analysis of gaps in the delivery of services and 
     treatments identified by the complete catalog required under 
     subparagraph (A).
       (C) An analysis of redundancies identified in the complete 
     catalog required under subparagraph (A).
       (D) A plan for eliminating redundancies and mitigating the 
     gaps identified in the plan.
       (E) Identification of the official within the Department 
     that will be responsible for enactment of the plan.
       (F) A timeline for enactment of the plan.
       (c) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on progress 
     in implementing the plan required under subsection (b).
                                 ______
                                 
  SA 1098. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) In General.--Not later than February 1, 2012, the 
     Comptroller General of the United States shall submit to the 
     appropriate congressional committees a report setting forth 
     an assessment of the impact of foreign boycotts on the 
     defense industrial base.
       (b) Elements.--The report required by subsection (a) shall 
     include--
       (1) a summary of foreign boycotts that posed a material 
     risk to the defense industrial base from January 2008 to the 
     date of the enactment of this Act;
       (2) the apparent objection of each such boycott;
       (3) an assessment of harm to the defense industrial base as 
     a result of each such boycott;
       (4) an assessment of the sufficiency of Department of 
     Defense and Department of State efforts to mitigate the 
     material risks of any such foreign boycott to the defense 
     industrial base; and
       (5) recommendations of the Comptroller General to reduce 
     the material risks of foreign boycotts to the defense 
     industrial base, including recommendations for changes to 
     legislation, regulation, policy, or procedures.
       (c) Confidentiality.--The Comptroller General shall not 
     publicly disclose the names of any person, organization, or 
     entity involved in or affected by any foreign boycott 
     identified in the report required under subsection (a) 
     without the express written approval of the person, 
     organization, or entity concerned.
       (d) Definitions.--In this section:
       (1) Foreign boycott.--The term ``foreign boycott'' means 
     any policy or practice adopted by a foreign government or 
     foreign business enterprise intended to directly penalize, 
     disadvantage, or harm any contractor or subcontractor of the 
     Department of Defense, or otherwise dissociate the foreign 
     government or foreign business enterprise from such a 
     contractor or subcontractor on account of the provision by 
     that contractor or subcontractor of any product or service to 
     the Department.
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees; and
       (B) the Committee on Foreign Relations of the Senate and 
     the Committee on Foreign Affairs of the House of 
     Representatives.
                                 ______
                                 
  SA 1099. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) Findings.--Congress makes the following findings:
       (1) The advent of the jet engine and more powerful 
     munitions has increased the instance of auditory injury to 
     members of the Armed Forces.
       (2) Since 2005, the most common service-connected 
     disabilities for which veterans received compensation under 
     laws administered by the Secretary of Veterans Affairs

[[Page S7727]]

     have been auditory impairments, including hearing loss and 
     tinnitus. The number of veterans receiving such compensation 
     for auditory impairment has risen each year since 2005, 
     increasing the number and cost of compensation claims paid by 
     the Secretary and prompting a series of reports on the 
     subject, include a January 2011 report by the Comptroller 
     General of the United States entitled ``Hearing Loss 
     Prevention: Improvements to DOD Hearing Conservation Programs 
     Could Lead to Better Outcomes''.
       (3) Costs to the Department of Veterans Affairs relating to 
     compensation for hearing-related disabilities are expected to 
     double between 2009 and 2014, exceeding $2,000,000,000 by 
     2014.
       (4) There is a growing body of peer reviewed literature 
     indicating a direct connection between traumatic brain 
     injury, post traumatic stress disorder, and auditory 
     disorders.
       (5) 70 percent of members of the Armed Forces who are 
     exposed to a blast report auditory disorders within 72 hours 
     of the exposure.
       (6) Section 721 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417; 
     122 Stat. 4506) requires the Secretary of Defense to 
     establish a center of excellence in the prevention, 
     diagnosis, mitigation, treatment, and rehabilitation of 
     hearing loss and auditory system injury.
       (7) There is no cure for tinnitus, which consists of an 
     often debilitating ringing in the ear. The projected effect 
     of tinnitus on veterans, rise in new cases of tinnitus-
     related service-connected disabilities among veterans, and 
     the correlating rise in disability claims and cost to the 
     Department of Veterans Affairs make finding effective 
     treatment, abatement options, and a cure for tinnitus a 
     priority.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Defense should, in cooperation with the 
     Secretary of Veterans Affairs and the Director of the Hearing 
     Center of Excellence of the Department of Defense, implement 
     the recommendations of the Comptroller General of the United 
     States in the January 2011 report of the Comptroller General 
     entitled ``Hearing Loss Prevention: Improvements to DOD 
     Hearing Conservation Programs Could Lead to Better Outcomes'' 
     that address prevention, abatement, data collection, and the 
     need for a new interagency data sharing system so that 
     sufficient information is available to address and track 
     hearing injuries and loss.
                                 ______
                                 
  SA 1100. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       Section 801(d) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2400) is 
     amended by striking ``or Turkmenistan'' and inserting 
     ``Turkmenistan, or Latvia''.
                                 ______
                                 
  SA 1101. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Strike section 156.
                                 ______
                                 
  SA 1102. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       Not later than 90 days after the date of the enactment of 
     this Act, the Secretary of the Air Force shall submit to the 
     congressional defense committees a report on the feasibility 
     of using unmanned aerial systems to perform airborne flight 
     inspection of electronic signals-in-space from ground-based 
     navigational aids that support aircraft departure, en route, 
     and arrival flight procedures in foreign airspace in support 
     of United States military operations.
                                 ______
                                 
  SA 1103. Mr. CARDIN (for himself, Mr. Wicker, Mrs. Feinstein, Ms. 
Mikulski, and Mr. Rockefeller) submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1049. EXPANSION OF OPERATION HERO MILES.

       (a) Expanded Definition of Travel Benefit.--Subsection (b) 
     of section 2613 of title 10, United States Code, is amended 
     to read as follows:
       ``(b) Travel Benefit Defined.--In this section, the term 
     `travel benefit' means--
       ``(1) frequent traveler miles, credits for tickets, or 
     tickets for air or surface transportation issued by an air 
     carrier or a surface carrier, respectively, that serves the 
     public; and
       ``(2) points or awards for free or reduced-cost 
     accommodations issued by an inn, hotel, or other commercial 
     establishment that provides lodging to transient guests.''.
       (b) Condition on Authority To Accept Donation.--Subsection 
     (c) of such section is amended--
       (1) by striking ``the air or surface carrier'' and 
     inserting ``the business entity referred to in subsection 
     (b)'';
       (2) by striking ``the surface carrier'' and inserting ``the 
     business entity''; and
       (3) by striking ``the carrier'' and inserting ``the 
     business entity''.
       (c) Use.--Subsection (d) of such section is amended--
       (1) by striking ``or'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(3) providing humanitarian support to members and 
     eligible beneficiaries receiving care through the military 
     health care system; and
       ``(4) providing support to allow participation of members 
     and their families in Department of Defense sponsored and 
     authorized programs.''.
       (d) Administration.--Subsection (e)(3) of such section is 
     amended by striking ``the air carrier or surface carrier'' 
     and inserting ``the business entity referred to in subsection 
     (b)''.
       (e) Stylistic Amendments.--
       (1) Section heading.--The heading of such section is 
     amended to read as follows:

     ``Sec. 2613. Acceptance of frequent traveler miles, credits, 
       points, and tickets: use to facilitate rest and 
       recuperation travel of deployed members and their families, 
       support members and other beneficiaries of the military 
       health care system, and support participation in authorized 
       programs''.

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

``2613. Acceptance of frequent traveler miles, credits, points, and 
              tickets: use to facilitate rest and recuperation travel 
              of deployed members and their families, support members 
              and other beneficiaries of the military health care 
              system, and support participation in authorized 
              programs.''.
                                 ______
                                 
  SA 1104. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill H.R. 2354, making appropriations for energy and 
water development and related agencies for the fiscal year ending 
September 30, 2012, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 181, after line 9, insert the following:
       Sec. __. (a) The Comptroller General of the United States 
     shall conduct a study regarding State legislative actions 
     during the 10 years prior to the date of enactment of this 
     Act that may affect voter registration or voting. The study 
     shall identify, by State, what documents are required in 
     order to obtain sufficient identification for registration or 
     voting, the cost to the individual for those documents, and 
     what access is available to the State agencies responsible 
     for providing that documentation, including hours of 
     operation and geographic distribution of the agencies. The 
     study shall identity the States that have passed voter 
     identification legislation, the States that are providing 
     free identification, the number of free identifications that 
     have been provided by each such State, and which agencies in 
     each such State have provided those identifications. The 
     study shall collect data on any prosecutions or convictions 
     for voter impersonation fraud within each State during the 10 
     years prior to the date of enactment of this Act. The study 
     shall also examine the extent to which each State complies 
     with data requests from the Election Assistance Commission. 
     The Comptroller General shall collect this data to the extent 
     available and shall identify any

[[Page S7728]]

     limitations in collecting such data. Not later than 120 days 
     after the date of enactment of this Act, the Government 
     Accountability Office shall provide an interim briefing to 
     the committees of jurisdiction of the Senate and the House of 
     Representatives on the study conducted under this subsection. 
     Members of Congress may request clarifying information as 
     appropriate based on the information provided in the 
     briefing.
       (b) Not later than 11 months after the date of enactment of 
     this Act, the Comptroller General shall submit to the 
     committees of jurisdiction of the Senate and the House of 
     Representatives a final report containing the results of the 
     study conducted under subsection (a).
                                 ______
                                 
  SA 1105. Ms. COLLINS (for herself, Mr. Begich, and Mr. Manchin) 
submitted an amendment intended to be proposed by her to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for Defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       On page 365, line 12, strike ``for fiscal year 2012''.
                                 ______
                                 
  SA 1106. Mr. McCAIN (for himself and Mr. Levin) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1080. REPORT ON STATUS OF IMPLEMENTATION OF ACCEPTED 
                   RECOMMENDATIONS IN THE FINAL REPORT OF THE 2010 
                   ARMY ACQUISITION REVIEW PANEL.

       Not later than 1 October 2012, the Secretary of the Army 
     shall submit to the congressional defense committees a report 
     describing the plan and implementation status of the 
     recommendations contained in the Final Report of the 2010 
     Army Acquisition Review panel (also known as the ``Decker-
     Wagner Report'') that the Army agreed to implement.
                                 ______
                                 
  SA 1107. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

       Strike subtitle D of title X and insert the following:

                      Subtitle D--Detainee Matters

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

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with appropriate officials in the Executive 
     Office of the President, the Director of National 
     Intelligence, the Secretary of State, the Secretary of 
     Homeland Security, and the Attorney General, submit to the 
     appropriate committees of Congress a report setting forth the 
     following:
       (1) A statement of the position of the Executive Branch on 
     the appropriate role for the Armed Forces of the United 
     States in the detention and prosecution of covered persons 
     (as defined in subsection (b)).
       (2) A statement and assessment of the legal authority 
     asserted by the Executive Branch for such detention and 
     prosecution.
       (3) A statement of any existing deficiencies or anticipated 
     deficiencies in the legal authority for such detention and 
     prosecution.
       (b) Covered Persons.--A covered person under this section 
     is any person, other than a member of the Armed Forces of the 
     United States, whose detention or prosecution by the Armed 
     Forces of the United States is consistent with the laws of 
     war and based on authority provided by any of the following:
       (1) The Authorization for Use of Military Force (Public Law 
     107-40).
       (2) The Authorization for Use of Military Force Against 
     Iraq Resolution 2002 (Public Law 107-243).
       (3) Any other statutory or constitutional authority for use 
     of military force.
       (c) Congressional Action.--Each of the appropriate 
     committees of Congress may, not later than 45 days after 
     receipt of the report required by subsection (a), hold a 
     hearing on the report, and shall, within 45 days of such 
     hearings, report to Congress legislation, if such committee 
     determines legislation is appropriate and advisable, 
     modifying or expanding the authority of the Executive Branch 
     to carry out detention and prosecution of covered persons.
       (d) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Select Committee on Intelligence of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on the 
     Judiciary, and the Permanent Select Committee on Intelligence 
     of the House of Representatives.
                                 ______
                                 
  SA 1108. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 1033 and insert the following:

     SEC. 1033. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
                   TRANSFER OF DETAINEES AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO FOREIGN 
                   COUNTRIES AND OTHER FOREIGN ENTITIES.

       (a) Certification Required Prior to Transfer.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise available 
     to the Department of Defense for fiscal year 2012 to transfer 
     any individual detained at Guantanamo to the custody or 
     control of the individual's country of origin, any other 
     foreign country, or any other foreign entity unless the 
     Secretary submits to Congress the certification described in 
     subsection (b) not later than 30 days before the transfer of 
     the individual.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate--
       (A) an order affecting the disposition of the individual 
     that is issued by a court or competent tribunal of the United 
     States having lawful jurisdiction (which the Secretary shall 
     notify Congress of promptly after issuance); or
       (B) a pre-trial agreement entered in a military commission 
     case prior to the date of the enactment of this Act.
       (b) Certification.--A certification described in this 
     subsection is a written certification made by the Secretary 
     of Defense, with the concurrence of the Secretary of State 
     and in consultation with the Director of National 
     Intelligence, that the government of the foreign country or 
     the recognized leadership of the foreign entity to which the 
     individual detained at Guantanamo is to be transferred--
       (1) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (2) maintains control over each detention facility in which 
     the individual is to be detained if the individual is to be 
     housed in a detention facility;
       (3) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     fulfill the security-related commitments attendant to the 
     transfer;
       (4) has taken or agreed to take actions that are likely to 
     be effective in mitigating the risk that the individual will 
     take action to threaten the United States, its citizens, or 
     its allies in the future;
       (5) has taken or agreed to take such actions that will 
     mitigate the risk that the individual to be transferred will 
     engage or reengage in any terrorist activity; and
       (6) has agreed to share with the United States any 
     information that--
       (A) is related to the individual or any associates of the 
     individual; and
       (B) could affect the security of the United States, its 
     citizens, or its allies
       (c) Prohibition in Cases of Prior Confirmed Recidivism.--
       (1) Prohibition.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise made 
     available to the Department of Defense for fiscal year 2012 
     to transfer any individual detained at Guantanamo to the 
     custody or control of the individual's country of origin, any 
     other foreign country, or any other foreign entity if there 
     is a confirmed case of any individual who was detained at 
     United States Naval Station, Guantanamo Bay, Cuba, at any 
     time after September 11, 2001, who was transferred to such 
     foreign country or entity and subsequently engaged in any 
     terrorist activity.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate--
       (A) a transfer that is in the national security interests 
     of the United States, including any case in which either 
     improvements in governance or the security environment of the 
     country to which the detainee would be transferred have 
     effectively mitigated the risk of recidivism;
       (B) an order affecting the disposition of the individual 
     that is issued by a court or competent tribunal of the United 
     States having lawful jurisdiction (which the Secretary

[[Page S7729]]

     shall notify Congress of promptly after issuance); or
       (C) pre-trial agreement entered in a military commission 
     case.
       (d) National Security Waiver.--
       (1) In general.--The Secretary of Defense may waive one or 
     more certification requirements specified in subsection (b) 
     if the Secretary, with the concurrence of the Secretary of 
     State and in consultation with the Director of National 
     Intelligence, determines that--
       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived; and
       (B) the transfer is in the national security interests of 
     the United States.
       (2) Reports.--Whenever the Secretary makes a determination 
     under paragraph (1), the Secretary shall submit to the 
     congressional defense committees, not later than 30 days 
     before the transfer of the individual concerned, the 
     following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including an explanation why the transfer is in the national 
     security interests of the United States.
       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the paragraph or subsection to be waived.
       (e) Definitions.--In this section:
       (1) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (2) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       (f) Repeal of Superseded Authority.--Section 1033 of the 
     Ike Skelton National Defense Authorization Act for Fiscal 
     Year 2011 (Public Law 111-383; 124 Stat. 4351) is repealed.
                                 ______
                                 
  SA 1109. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 361, line 9, insert after ``a person who is 
     described in paragraph (2) who is captured'' the following: 
     ``abroad''.
                                 ______
                                 
  SA 1110. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 359, line 13, insert after ``covered persons (as 
     defined in subsection (b))'' the following: ``captured 
     abroad''.
                                 ______
                                 
  SA 1111. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1038. SUNSET.

       This subtitle and the amendments made by this subtitle 
     shall expire on September 30, 2012.
                                 ______
                                 
  SA 1112. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of section 1031, add the following:
       (f) Extension to United States Citizens and Lawful Resident 
     Aliens.--The authority of the Armed Forces of the United 
     States to detain covered persons under this section extends 
     to citizens of the United States and lawful resident aliens 
     of the United States, except to the extent prohibited by the 
     Constitution of the United States.
                                 ______
                                 
  SA 1113. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike subtitle D of title X.
                                 ______
                                 
  SA 1114. Mr. BEGICH (for himself, Ms. Snowe, Mr. Casey, Mr. Grassley, 
Mr. Leahy, Mr. Graham, Ms. Murkowski, Mr. Akaka, Mr. Pryor, Mr. Brown 
of Massachusetts, Mr. Manchin, and Mr. Tester) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; as follows:

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

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

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

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

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

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

       (b) Regulations.--The Secretary of Defense shall prescribe 
     regulations to implement section 2641c of title 10, United 
     States Code, as added by subsection (a).
                                 ______
                                 
  SA 1115 Ms. LANDRIEU (for herself, Ms. Snowe, Mrs. Shaheen, Mr. Brown

[[Page S7730]]

of Massachusetts, and Mr. Kerry) submitted an amendment intended to be 
proposed by her to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other prposes; as follows:

       At the end, add the following:

               DIVISION E--SBIR AND STTR REAUTHORIZATION

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``SBIR/STTR 
     Reauthorization Act of 2011''.

     SEC. 5002. DEFINITIONS.

       In this division--
       (1) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (2) the terms ``extramural budget'', ``Federal agency'', 
     ``Small Business Innovation Research Program'', ``SBIR'', 
     ``Small Business Technology Transfer Program'', and ``STTR'' 
     have the meanings given such terms in section 9 of the Small 
     Business Act (15 U.S.C. 638); and
       (3) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).

     SEC. 5003. REPEAL.

       Subtitle E of title VIII of this Act is amended by striking 
     section 885.

        TITLE LI--REAUTHORIZATION OF THE SBIR AND STTR PROGRAMS

     SEC. 5101. EXTENSION OF TERMINATION DATES.

       (a) SBIR.--Section 9(m) of the Small Business Act (15 
     U.S.C. 638(m)) is amended--
       (1) by striking ``Termination.--'' and all that follows 
     through ``the authorization'' and inserting ``Termination.--
     The authorization'';
       (2) by striking ``2008'' and inserting ``2019''; and
       (3) by striking paragraph (2).
       (b) STTR.--Section 9(n)(1)(A) of the Small Business Act (15 
     U.S.C. 638(n)(1)(A)) is amended--
       (1) by striking ``In general.--'' and all that follows 
     through ``with respect'' and inserting ``In general.--With 
     respect'';
       (2) by striking ``2009'' and inserting ``2019''; and
       (3) by striking clause (ii).

     SEC. 5102. STATUS OF THE OFFICE OF TECHNOLOGY.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) 
     is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting ``; and'';
       (3) by redesignating paragraph (8) as paragraph (9); and
       (4) by adding at the end the following:
       ``(10) to maintain an Office of Technology to carry out the 
     responsibilities of the Administration under this section, 
     which shall be--
       ``(A) headed by the Assistant Administrator for Technology, 
     who shall report directly to the Administrator; and
       ``(B) independent from the Office of Government Contracting 
     of the Administration and sufficiently staffed and funded to 
     comply with the oversight, reporting, and public database 
     responsibilities assigned to the Office of Technology by the 
     Administrator.''.

     SEC. 5103. SBIR ALLOCATION INCREASE.

       Section 9(f) of the Small Business Act (15 U.S.C. 638(f)) 
     is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Each'' and inserting ``Except as provided in paragraph 
     (2)(B), each'';
       (B) in subparagraph (B), by striking ``and'' at the end; 
     and
       (C) by striking subparagraph (C) and inserting the 
     following:
       ``(C) not less than 2.5 percent of such budget in fiscal 
     year 2013;
       ``(D) not less than 2.6 percent of such budget in fiscal 
     year 2014;
       ``(E) not less than 2.7 percent of such budget in fiscal 
     year 2015;
       ``(F) not less than 2.8 percent of such budget in fiscal 
     year 2016;
       ``(G) not less than 2.9 percent of such budget in fiscal 
     year 2017;
       ``(H) not less than 3.0 percent of such budget in fiscal 
     year 2018;
       ``(I) not less than 3.1 percent of such budget in fiscal 
     year 2019;
       ``(J) not less than 3.2 percent of such budget in fiscal 
     year 2020;
       ``(K) not less than 3.3 percent of such budget in fiscal 
     year 2021;
       ``(L) not less than 3.4 percent of such budget in fiscal 
     year 2022; and
       ``(M) not less than 3.5 percent of such budget in fiscal 
     year 2023 and each fiscal year thereafter,'';
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and adjusting the margins 
     accordingly;
       (B) by striking ``A Federal agency'' and inserting the 
     following:
       ``(A) In general.--A Federal agency''; and
       (C) by adding at the end the following:
       ``(B) Department of defense and department of energy.--For 
     the Department of Defense and the Department of Energy, to 
     the greatest extent practicable, the percentage of the 
     extramural budget in excess of 2.5 percent required to be 
     expended with small business concerns under subparagraphs (D) 
     through (M) of paragraph (1)--
       ``(i) may not be used for new Phase I or Phase II awards; 
     and
       ``(ii) shall be used for activities that further the 
     readiness levels of technologies developed under Phase II 
     awards, including conducting testing and evaluation to 
     promote the transition of such technologies into commercial 
     or defense products, or systems furthering the mission needs 
     of the Department of Defense or the Department of Energy, as 
     the case may be.''; and
       (3) by adding at the end the following:
       ``(4) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit a Federal agency from expending with 
     small business concerns an amount of the extramural budget 
     for research or research and development of the Federal 
     agency that exceeds the amount required under paragraph 
     (1).''.

     SEC. 5104. STTR ALLOCATION INCREASE.

       Section 9(n)(1)(B) of the Small Business Act (15 U.S.C. 
     638(n)(1)(B)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking ``thereafter.'' and 
     inserting ``through fiscal year 2012;'';
       (3) by adding at the end the following:
       ``(iii) 0.4 percent for fiscal years 2013 and 2014;
       ``(iv) 0.5 percent for fiscal years 2015 and 2016; and
       ``(v) 0.6 percent for fiscal year 2017 and each fiscal year 
     thereafter.''; and
       (4) by adding at the end the following:
       ``(4) Rule of construction.--Nothing in this subsection may 
     be construed to prohibit a Federal agency from expending with 
     small business concerns an amount of the extramural budget 
     for research or research and development of the Federal 
     agency that exceeds the amount required under paragraph 
     (1).''.

     SEC. 5105. SBIR AND STTR AWARD LEVELS.

       (a) SBIR Adjustments.--Section 9(j)(2)(D) of the Small 
     Business Act (15 U.S.C. 638(j)(2)(D)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (b) STTR Adjustments.--Section 9(p)(2)(B)(ix) of the Small 
     Business Act (15 U.S.C. 638(p)(2)(B)(ix)) is amended--
       (1) by striking ``$100,000'' and inserting ``$150,000''; 
     and
       (2) by striking ``$750,000'' and inserting ``$1,000,000''.
       (c) Annual Adjustments.--Section 9 of the Small Business 
     Act (15 U.S.C. 638) is amended--
       (1) in subsection (j)(2)(D), by striking ``once every 5 
     years to reflect economic adjustments and programmatic 
     considerations'' and inserting ``every year for inflation''; 
     and
       (2) in subsection (p)(2)(B)(ix), as amended by subsection 
     (b) of this section, by inserting ``(each of which the 
     Administrator shall adjust for inflation annually)'' after 
     ``$1,000,000,''.
       (d) Limitation on Size of Awards.--Section 9 of the Small 
     Business Act (15 U.S.C. 638) is amended by adding at the end 
     the following:
       ``(aa) Limitation on Size of Awards.--
       ``(1) Limitation.--No Federal agency may issue an award 
     under the SBIR program or the STTR program if the size of the 
     award exceeds the award guidelines established under this 
     section by more than 50 percent.
       ``(2) Maintenance of information.--Participating agencies 
     shall maintain information on awards exceeding the guidelines 
     established under this section, including--
       ``(A) the amount of each award;
       ``(B) a justification for exceeding the award amount;
       ``(C) the identity and location of each award recipient; 
     and
       ``(D) whether an award recipient has received any venture 
     capital investment and, if so, whether the recipient is 
     majority-owned by multiple venture capital operating 
     companies.
       ``(3) Reports.--The Administrator shall include the 
     information described in paragraph (2) in the annual report 
     of the Administrator to Congress.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to prevent a Federal agency from 
     supplementing an award under the SBIR program or the STTR 
     program using funds of the Federal agency that are not part 
     of the SBIR program or the STTR program of the Federal 
     agency.''.

     SEC. 5106. AGENCY AND PROGRAM FLEXIBILITY.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(bb) Subsequent Phase II Awards.--
       ``(1) Agency flexibility.--A small business concern that 
     received an award from a Federal agency under this section 
     shall be eligible to receive a subsequent Phase II award from 
     another Federal agency, if the head of each relevant Federal 
     agency or the relevant component of the Federal agency makes 
     a written determination that the topics of the relevant 
     awards are the same and both agencies report the awards to 
     the Administrator for inclusion in the public database under 
     subsection (k).
       ``(2) SBIR and sttr program flexibility.--A small business 
     concern that received an award under this section under the 
     SBIR program or the STTR program may receive a subsequent 
     Phase II award in either

[[Page S7731]]

     the SBIR program or the STTR program and the participating 
     agency or agencies shall report the awards to the 
     Administrator for inclusion in the public database under 
     subsection (k).
       ``(3) Preventing duplicative awards.--Before making an 
     award under paragraph (1) or (2), the head of a Federal 
     agency shall verify that the project to be performed with the 
     award has not been funded under the SBIR program or STTR 
     program of another Federal agency.''.

     SEC. 5107. ELIMINATION OF PHASE II INVITATIONS.

       (a) In General.--Section 9(e) of the Small Business Act (15 
     U.S.C. 638(e)) is amended--
       (1) in paragraph (4)(B), by striking ``to further'' and 
     inserting: ``which shall not include any invitation, pre-
     screening, pre-selection, or down-selection process for 
     eligibility for the second phase, that will further''; and
       (2) in paragraph (6)(B), by striking ``to further develop 
     proposed ideas to'' and inserting ``which shall not include 
     any invitation, pre-screening, pre-selection, or down-
     selection process for eligibility for the second phase, that 
     will further develop proposals that''.

     SEC. 5108. PARTICIPATION BY FIRMS WITH SUBSTANTIAL INVESTMENT 
                   FROM MULTIPLE VENTURE CAPITAL OPERATING 
                   COMPANIES IN A PORTION OF THE SBIR PROGRAM.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(cc) Participation of Small Business Concerns Majority-
     Owned by Venture Capital Operating Companies in the SBIR 
     Program.--
       ``(1) Authority.--Upon a written determination described in 
     paragraph (2) provided to the Administrator and to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives not later than 30 days before the date on 
     which an award is made--
       ``(A) the Director of the National Institutes of Health, 
     the Secretary of Energy, and the Director of the National 
     Science Foundation may award not more than 25 percent of the 
     funds allocated for the SBIR program of the Federal agency to 
     small business concerns that are owned in majority part by 
     multiple venture capital operating companies through 
     competitive, merit-based procedures that are open to all 
     eligible small business concerns; and
       ``(B) the head of a Federal agency other than a Federal 
     agency described in subparagraph (A) that participates in the 
     SBIR program may award not more than 15 percent of the funds 
     allocated for the SBIR program of the Federal agency to small 
     business concerns that are owned in majority part by multiple 
     venture capital operating companies through competitive, 
     merit-based procedures that are open to all eligible small 
     business concerns.
       ``(2) Determination.--A written determination described in 
     this paragraph is a written determination by the head of a 
     Federal agency that explains how the use of the authority 
     under paragraph (1) will--
       ``(A) induce additional venture capital funding of small 
     business innovations;
       ``(B) substantially contribute to the mission of the 
     Federal agency;
       ``(C) demonstrate a need for public research; and
       ``(D) otherwise fulfill the capital needs of small business 
     concerns for additional financing for the SBIR project.
       ``(3) Registration.--A small business concern that is 
     majority-owned by multiple venture capital operating 
     companies and qualified for participation in the program 
     authorized under paragraph (1) shall--
       ``(A) register with the Administrator on the date that the 
     small business concern submits an application for an award 
     under the SBIR program; and
       ``(B) indicate in any SBIR proposal that the small business 
     concern is registered under subparagraph (A) as majority-
     owned by multiple venture capital operating companies.
       ``(4) Compliance.--
       ``(A) In general.--The head of a Federal agency that makes 
     an award under this subsection during a fiscal year shall 
     collect and submit to the Administrator data relating to the 
     number and dollar amount of Phase I awards, Phase II awards, 
     and any other category of awards by the Federal agency under 
     the SBIR program during that fiscal year.
       ``(B) Annual reporting.--The Administrator shall include as 
     part of each annual report by the Administration under 
     subsection (b)(7) any data submitted under subparagraph (A) 
     and a discussion of the compliance of each Federal agency 
     that makes an award under this subsection during the fiscal 
     year with the maximum percentages under paragraph (1).
       ``(5) Enforcement.--If a Federal agency awards more than 
     the percent of the funds allocated for the SBIR program of 
     the Federal agency authorized under paragraph (1) for a 
     purpose described in paragraph (1), the head of the Federal 
     agency shall transfer an amount equal to the amount awarded 
     in excess of the amount authorized under paragraph (1) to the 
     funds for general SBIR programs from the non-SBIR and non-
     STTR research and development funds of the Federal agency not 
     later than 180 days after the date on which the Federal 
     agency made the award that caused the total awarded under 
     paragraph (1) to be more than the amount authorized under 
     paragraph (1) for a purpose described in paragraph (1).
       ``(6) Final decisions on applications under the sbir 
     program.--
       ``(A) Definition.--In this paragraph, the term `covered 
     small business concern' means a small business concern that--
       ``(i) was not majority-owned by multiple venture capital 
     operating companies on the date on which the small business 
     concern submitted an application in response to a 
     solicitation under the SBIR programs; and
       ``(ii) on the date of the award under the SBIR program is 
     majority-owned by multiple venture capital operating 
     companies.
       ``(B) In general.--If a Federal agency does not make an 
     award under a solicitation under the SBIR program before the 
     date that is 9 months after the date on which the period for 
     submitting applications under the solicitation ends--
       ``(i) a covered small business concern is eligible to 
     receive the award, without regard to whether the covered 
     small business concern meets the requirements for receiving 
     an award under the SBIR program for a small business concern 
     that is majority-owned by multiple venture capital operating 
     companies, if the covered small business concern meets all 
     other requirements for such an award; and
       ``(ii) the head of the Federal agency shall transfer an 
     amount equal to any amount awarded to a covered small 
     business concern under the solicitation to the funds for 
     general SBIR programs from the non-SBIR and non-STTR research 
     and development funds of the Federal agency, not later than 
     90 days after the date on which the Federal agency makes the 
     award.
       ``(7) Evaluation criteria.--A Federal agency may not use 
     investment of venture capital as a criterion for the award of 
     contracts under the SBIR program or STTR program.''.
       (b) Technical and Conforming Amendment.--Section 3 of the 
     Small Business Act (15 U.S.C. 632) is amended by adding at 
     the end the following:
       ``(aa) Venture Capital Operating Company.--In this Act, the 
     term `venture capital operating company' means an entity 
     described in clause (i), (v), or (vi) of section 
     121.103(b)(5) of title 13, Code of Federal Regulations (or 
     any successor thereto).''.
       (c) Rulemaking To Ensure That Firms That Are Majority-Owned 
     by Multiple Venture Capital Operating Companies Are Able To 
     Participate in a Portion of the SBIR Program.--
       (1) Statement of congressional intent.--It is the stated 
     intent of Congress that the Administrator should promulgate 
     regulations to carry out the authority under section 9(cc) of 
     the Small Business Act, as added by this section, that--
       (A) permit small business concerns that are majority-owned 
     by multiple venture capital operating companies to 
     participate in the SBIR program in accordance with section 
     9(cc) of the Small Business Act;
       (B) provide specific guidance for small business concerns 
     that are majority-owned by multiple venture capital operating 
     companies with regard to eligibility, participation, and 
     affiliation rules; and
       (C) preserve and maintain the integrity of the SBIR program 
     as a program for small business concerns in the United 
     States, prohibiting large businesses or large entities or 
     foreign-owned businesses or entities from participation in 
     the program established under section 9 of the Small Business 
     Act.
       (2) Rulemaking required.--
       (A) Proposed regulations.--Not later than 4 months after 
     the date of enactment of this Act, the Administrator shall 
     issue proposed regulations to amend section 121.103 (relating 
     to determinations of affiliation applicable to the SBIR 
     program) and section 121.702 (relating to ownership and 
     control standards and size standards applicable to the SBIR 
     program) of title 13, Code of Federal Regulations, for firms 
     that are majority-owned by multiple venture capital operating 
     companies and participating in the SBIR program solely under 
     the authority under section 9(cc) of the Small Business Act, 
     as added by this section.
       (B) Final regulations.--Not later than 1 year after the 
     date of enactment of this Act, and after providing notice of 
     and opportunity for comment on the proposed regulations 
     issued under subparagraph (A), the Administrator shall issue 
     final or interim final regulations under this subsection.
       (3) Contents.--
       (A) In general.--The regulations issued under this 
     subsection shall permit the participation of applicants 
     majority-owned by multiple venture capital operating 
     companies in the SBIR program in accordance with section 
     9(cc) of the Small Business Act, as added by this section, 
     unless the Administrator determines--
       (i) in accordance with the size standards established under 
     subparagraph (B), that the applicant is--

       (I) a large business or large entity; or
       (II) majority-owned or controlled by a large business or 
     large entity; or

       (ii) in accordance with the criteria established under 
     subparagraph (C), that the applicant--

       (I) is a foreign business or a foreign entity or is not a 
     citizen of the United States or alien lawfully admitted for 
     permanent residence; or
       (II) is majority-owned or controlled by a foreign business, 
     foreign entity, or person who is not a citizen of the United 
     States or alien lawfully admitted for permanent residence.

[[Page S7732]]

       (B) Size standards.--Under the authority to establish size 
     standards under paragraphs (2) and (3) of section 3(a) of the 
     Small Business Act (15 U.S.C. 632(a)), the Administrator 
     shall, in accordance with paragraph (1) of this subsection, 
     establish size standards for applicants seeking to 
     participate in the SBIR program solely under the authority 
     under section 9(cc) of the Small Business Act, as added by 
     this section.
       (C) Criteria for determining foreign ownership.--The 
     Administrator shall establish criteria for determining 
     whether an applicant meets the requirements under 
     subparagraph (A)(ii), and, in establishing the criteria, 
     shall consider whether the criteria should include--
       (i) whether the applicant is at least 51 percent owned or 
     controlled by citizens of the United States or domestic 
     venture capital operating companies;
       (ii) whether the applicant is domiciled in the United 
     States; and
       (iii) whether the applicant is a direct or indirect 
     subsidiary of a foreign-owned firm, including whether the 
     criteria should include that an applicant is a direct or 
     indirect subsidiary of a foreign-owned entity if--

       (I) any venture capital operating company that owns more 
     than 20 percent of the applicant is a direct or indirect 
     subsidiary of a foreign-owned entity; or
       (II) in the aggregate, entities that are direct or indirect 
     subsidiaries of foreign-owned entities own more than 49 
     percent of the applicant.

       (D) Criteria for determining affiliation.--The 
     Administrator shall establish criteria, in accordance with 
     paragraph (1), for determining whether an applicant is 
     affiliated with a venture capital operating company or any 
     other business that the venture capital operating company has 
     financed and, in establishing the criteria, shall specify 
     that--
       (i) if a venture capital operating company that is 
     determined to be affiliated with an applicant is a minority 
     investor in the applicant, the portfolio companies of the 
     venture capital operating company shall not be determined to 
     be affiliated with the applicant, unless--

       (I) the venture capital operating company owns a majority 
     of the portfolio company; or
       (II) the venture capital operating company holds a majority 
     of the seats on the board of directors of the portfolio 
     company;

       (ii) subject to clause (i), the Administrator retains the 
     authority to determine whether a venture capital operating 
     company is affiliated with an applicant, including 
     establishing other criteria;
       (iii) the Administrator may not determine that a portfolio 
     company of a venture capital operating company is affiliated 
     with an applicant based solely on one or more shared 
     investors; and
       (iv) subject to clauses (i), (ii), and (iii), the 
     Administrator retains the authority to determine whether a 
     portfolio company of a venture capital operating company is 
     affiliated with an applicant based on factors independent of 
     whether there is a shared investor, such as whether there are 
     contractual obligations between the portfolio company and the 
     applicant.
       (4) Enforcement.--If the Administrator does not issue final 
     or interim final regulations under this subsection on or 
     before the date that is 1 year after the date of enactment of 
     this Act, the Administrator may not carry out any activities 
     under section 4(h) of the Small Business Act (15 U.S.C. 
     633(h)) (as continued in effect pursuant to the Act entitled 
     ``An Act to extend temporarily certain authorities of the 
     Small Business Administration'', approved October 10, 2006 
     (Public Law 109-316; 120 Stat. 1742)) during the period 
     beginning on the date that is 1 year and 1 day after the date 
     of enactment of this Act, and ending on the date on which the 
     final or interim final regulations are issued.
       (5) Definition.--In this subsection, the term ``venture 
     capital operating company'' has the same meaning as in 
     section 3(aa) of the Small Business Act, as added by this 
     section.
       (d) Assistance for Determining Affiliates.--
       (1) Clear explanation required.--Not later than 30 days 
     after the date of enactment of this Act, the Administrator 
     shall post on the Web site of the Administration (with a 
     direct link displayed on the homepage of the Web site of the 
     Administration or the SBIR and STTR Web sites of the 
     Administration)--
       (A) a clear explanation of the SBIR and STTR affiliation 
     rules under part 121 of title 13, Code of Federal 
     Regulations; and
       (B) contact information for officers or employees of the 
     Administration who--
       (i) upon request, shall review an issue relating to the 
     rules described in subparagraph (A); and
       (ii) shall respond to a request under clause (i) not later 
     than 20 business days after the date on which the request is 
     received.
       (2) Inclusion of affiliation rules for certain small 
     business concerns.--On and after the date on which the final 
     regulations under subsection (c) are issued, the 
     Administrator shall post on the Web site of the 
     Administration information relating to the regulations, in 
     accordance with paragraph (1).

     SEC. 5109. SBIR AND STTR SPECIAL ACQUISITION PREFERENCE.

       Section 9(r) of the Small Business Act (15 U.S.C. 638(r)) 
     is amended by adding at the end the following:
       ``(4) Phase iii awards.--To the greatest extent 
     practicable, Federal agencies and Federal prime contractors 
     shall issue Phase III awards relating to technology, 
     including sole source awards, to the SBIR and STTR award 
     recipients that developed the technology.''.

     SEC. 5110. COLLABORATING WITH FEDERAL LABORATORIES AND 
                   RESEARCH AND DEVELOPMENT CENTERS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(dd) Collaborating With Federal Laboratories and Research 
     and Development Centers.--
       ``(1) Authorization.--Subject to the limitations under this 
     section, the head of each participating Federal agency may 
     make SBIR and STTR awards to any eligible small business 
     concern that--
       ``(A) intends to enter into an agreement with a Federal 
     laboratory or federally funded research and development 
     center for portions of the activities to be performed under 
     that award; or
       ``(B) has entered into a cooperative research and 
     development agreement (as defined in section 12(d) of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3710a(d))) with a Federal laboratory.
       ``(2) Prohibition.--No Federal agency shall--
       ``(A) condition an SBIR or STTR award upon entering into 
     agreement with any Federal laboratory or any federally funded 
     laboratory or research and development center for any portion 
     of the activities to be performed under that award;
       ``(B) approve an agreement between a small business concern 
     receiving a SBIR or STTR award and a Federal laboratory or 
     federally funded laboratory or research and development 
     center, if the small business concern performs a lesser 
     portion of the activities to be performed under that award 
     than required by this section and by the SBIR Policy 
     Directive and the STTR Policy Directive of the Administrator; 
     or
       ``(C) approve an agreement that violates any provision, 
     including any data rights protections provision, of this 
     section or the SBIR and the STTR Policy Directives.
       ``(3) Implementation.--Not later than 180 days after the 
     date of enactment of this subsection, the Administrator shall 
     modify the SBIR Policy Directive and the STTR Policy 
     Directive issued under this section to ensure that small 
     business concerns--
       ``(A) have the flexibility to use the resources of the 
     Federal laboratories and federally funded research and 
     development centers; and
       ``(B) are not mandated to enter into agreement with any 
     Federal laboratory or any federally funded laboratory or 
     research and development center as a condition of an 
     award.''.

     SEC. 5111. NOTICE REQUIREMENT.

       (a) SBIR Program.--Section 9(g) of the Small Business Act 
     (15 U.S.C. 638(g)) is amended--
       (1) in paragraph (10), by striking ``and'' at the end;
       (2) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(12) provide timely notice to the Administrator of any 
     case or controversy before any Federal judicial or 
     administrative tribunal concerning the SBIR program of the 
     Federal agency; and''.
       (b) STTR Program.--Section 9(o) of the Small Business Act 
     (15 U.S.C. 638(o)) is amended--
       (1) by striking paragraph (15);
       (2) in paragraph (16), by striking the period at the end 
     and inserting ``; and'';
       (3) by redesignating paragraph (16) as paragraph (15); and
       (4) by adding at the end the following:
       ``(16) provide timely notice to the Administrator of any 
     case or controversy before any Federal judicial or 
     administrative tribunal concerning the STTR program of the 
     Federal agency.''.

     SEC. 5112. EXPRESS AUTHORITY FOR AN AGENCY TO AWARD 
                   SEQUENTIAL PHASE II AWARDS FOR SBIR OR STTR 
                   FUNDED PROJECTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ee) Additional Phase II SBIR and STTR Awards.--A small 
     business concern that receives a Phase II SBIR award or a 
     Phase II STTR award for a project remains eligible to receive 
     an additional Phase II SBIR award or Phase II STTR award for 
     that project.''.

         TITLE LII--OUTREACH AND COMMERCIALIZATION INITIATIVES

     SEC. 5201. RURAL AND STATE OUTREACH.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended by inserting after subsection (r) the 
     following:
       ``(s) Federal and State Technology Partnership Program.--
       ``(1) Definitions.--In this subsection, the following 
     definitions apply:
       ``(A) Applicant.--The term `applicant' means an entity, 
     organization, or individual that submits a proposal for an 
     award or a cooperative agreement under this subsection.
       ``(B) FAST program.--The term `FAST program' means the 
     Federal and State Technology Partnership Program established 
     under this subsection.
       ``(C) Recipient.--The term `recipient' means a person that 
     receives an award or becomes party to a cooperative agreement 
     under this subsection.
       ``(D) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, and American Samoa.

[[Page S7733]]

       ``(E) Definitions relating to mentoring networks.--The 
     terms `business advice and counseling', `mentor', and 
     `mentoring network' have the meanings given those terms in 
     section 34(e).
       ``(2) Establishment of program.--The Administrator shall 
     establish a program to be known as the Federal and State 
     Technology Partnership Program, the purpose of which shall be 
     to strengthen the technological competitiveness of small 
     business concerns in the States.
       ``(3) Grants and cooperative agreements.--
       ``(A) Joint review.--In carrying out the FAST program, the 
     Administrator and the program managers for the SBIR program 
     and STTR program at the National Science Foundation, the 
     Department of Defense, and any other Federal agency 
     determined appropriate by the Administrator shall jointly 
     review proposals submitted by applicants and may make awards 
     or enter into cooperative agreements under this subsection 
     based on the factors for consideration set forth in 
     subparagraph (B), in order to enhance or develop in a State--
       ``(i) technology research and development by small business 
     concerns;
       ``(ii) technology transfer from university research to 
     technology-based small business concerns;
       ``(iii) technology deployment and diffusion benefitting 
     small business concerns;
       ``(iv) the technological capabilities of small business 
     concerns through the establishment or operation of consortia 
     comprised of entities, organizations, or individuals, 
     including--

       ``(I) State and local development agencies and entities;
       ``(II) representatives of technology-based small business 
     concerns;
       ``(III) industries and emerging companies;
       ``(IV) universities; and
       ``(V) small business development centers; and

       ``(v) outreach, financial support, and technical assistance 
     to technology-based small business concerns participating in 
     or interested in participating in an SBIR program or STTR 
     program, including initiatives--

       ``(I) to make grants or loans to companies to pay a portion 
     or all of the cost of developing SBIR or STTR proposals;
       ``(II) to establish or operate a Mentoring Network within 
     the FAST program to provide business advice and counseling 
     that will assist small business concerns that have been 
     identified by FAST program participants, program managers of 
     participating SBIR agencies, the Administration, or other 
     entities that are knowledgeable about the SBIR and STTR 
     programs as good candidates for the SBIR and STTR programs, 
     and that would benefit from mentoring, in accordance with 
     section 34;
       ``(III) to create or participate in a training program for 
     individuals providing SBIR or STTR outreach and assistance at 
     the State and local levels; and
       ``(IV) to encourage the commercialization of technology 
     developed through funding under the SBIR program or the STTR 
     program.

       ``(B) Selection considerations.--In making awards or 
     entering into cooperative agreements under this subsection, 
     the Administrator and the program managers referred to in 
     subparagraph (A)--
       ``(i) may only consider proposals by applicants that intend 
     to use a portion of the Federal assistance provided under 
     this subsection to provide outreach, financial support, or 
     technical assistance to technology-based small business 
     concerns participating in or interested in participating in 
     the SBIR program or STTR program; and
       ``(ii) shall consider, at a minimum--

       ``(I) whether the applicant has demonstrated that the 
     assistance to be provided would address unmet needs of small 
     business concerns in the community, and whether it is 
     important to use Federal funding for the proposed activities;
       ``(II) whether the applicant has demonstrated that a need 
     exists to increase the number or success of small high-
     technology businesses in the State or an area of the State, 
     as measured by the number of Phase I and Phase II SBIR awards 
     that have historically been received by small business 
     concerns in the State or area of the State;
       ``(III) whether the projected costs of the proposed 
     activities are reasonable;
       ``(IV) whether the proposal integrates and coordinates the 
     proposed activities with other State and local programs 
     assisting small high-technology firms in the State;
       ``(V) the manner in which the applicant will measure the 
     results of the activities to be conducted; and
       ``(VI) whether the proposal addresses the needs of small 
     business concerns--

       ``(aa) owned and controlled by women;
       ``(bb) that are socially and economically disadvantaged 
     small business concerns (as defined in section 8(a)(4)(A));
       ``(cc) that are HUBZone small business concerns;
       ``(dd) located in areas that have historically not 
     participated in the SBIR and STTR programs;
       ``(ee) owned and controlled by service-disabled veterans;
       ``(ff) owned and controlled by Native Americans; and
       ``(gg) located in geographic areas with an unemployment 
     rate that exceeds the national unemployment rate, based on 
     the most recently available monthly publications of the 
     Bureau of Labor Statistics of the Department of Labor.
       ``(C) Proposal limit.--Not more than 1 proposal may be 
     submitted for inclusion in the FAST program under this 
     subsection to provide services in any one State in any 1 
     fiscal year.
       ``(D) Process.--Proposals and applications for assistance 
     under this subsection shall be in such form and subject to 
     such procedures as the Administrator shall establish. The 
     Administrator shall promulgate regulations establishing 
     standards for the consideration of proposals under 
     subparagraph (B), including standards regarding each of the 
     considerations identified in subparagraph (B)(ii).
       ``(4) Cooperation and coordination.--In carrying out the 
     FAST program, the Administrator shall cooperate and 
     coordinate with--
       ``(A) Federal agencies required by this section to have an 
     SBIR program; and
       ``(B) entities, organizations, and individuals actively 
     engaged in enhancing or developing the technological 
     capabilities of small business concerns, including--
       ``(i) State and local development agencies and entities;
       ``(ii) State committees established under the Experimental 
     Program to Stimulate Competitive Research of the National 
     Science Foundation (as established under section 113 of the 
     National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g));
       ``(iii) State science and technology councils; and
       ``(iv) representatives of technology-based small business 
     concerns.
       ``(5) Administrative requirements.--
       ``(A) Competitive basis.--Awards and cooperative agreements 
     under this subsection shall be made or entered into, as 
     applicable, on a competitive basis.
       ``(B) Matching requirements.--
       ``(i) In general.--The non-Federal share of the cost of an 
     activity (other than a planning activity) carried out using 
     an award or under a cooperative agreement under this 
     subsection shall be--

       ``(I) except as provided in clause (iii), 35 cents for each 
     Federal dollar, in the case of a recipient that will serve 
     small business concerns located in 1 of the 18 States 
     receiving the fewest Phase I SBIR awards;
       ``(II) except as provided in clause (ii) or (iii), 1 dollar 
     for each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in 1 of the 16 States 
     receiving the greatest number of Phase I SBIR awards; and
       ``(III) except as provided in clause (ii) or (iii), 50 
     cents for each Federal dollar, in the case of a recipient 
     that will serve small business concerns located in a State 
     that is not described in subclause (I) or (II) that is 
     receiving Phase I SBIR awards.

       ``(ii) Low-income areas.--The non-Federal share of the cost 
     of the activity carried out using an award or under a 
     cooperative agreement under this subsection shall be 35 cents 
     for each Federal dollar that will be directly allocated by a 
     recipient described in clause (i) to serve small business 
     concerns located in a qualified census tract, as that term is 
     defined in section 42(d)(5)(B)(ii)(I) of the Internal Revenue 
     Code of 1986. Federal dollars not so allocated by that 
     recipient shall be subject to the matching requirements of 
     clause (i).
       ``(iii) Rural areas.--

       ``(I) In general.--Except as provided in subclause (II), 
     the non-Federal share of the cost of the activity carried out 
     using an award or under a cooperative agreement under this 
     subsection shall be 35 cents for each Federal dollar that 
     will be directly allocated by a recipient described in clause 
     (i) to serve small business concerns located in a rural area.
       ``(II) Enhanced rural awards.--For a recipient located in a 
     rural area that is located in a State described in clause 
     (i)(I), the non-Federal share of the cost of the activity 
     carried out using an award or under a cooperative agreement 
     under this subsection shall be 15 cents for each Federal 
     dollar that will be directly allocated by a recipient 
     described in clause (i) to serve small business concerns 
     located in the rural area.
       ``(III) Definition of rural area.--In this clause, the term 
     `rural area' has the meaning given that term in section 
     1393(a)(2) of the Internal Revenue Code of 1986.

       ``(iv) Types of funding.--The non-Federal share of the cost 
     of an activity carried out by a recipient shall be comprised 
     of not less than 50 percent cash and not more than 50 percent 
     of indirect costs and in-kind contributions, except that no 
     such costs or contributions may be derived from funds from 
     any other Federal program.
       ``(v) Rankings.--For the first full fiscal year after the 
     date of enactment of the SBIR/STTR Reauthorization Act of 
     2011, and each fiscal year thereafter, based on the 
     statistics for the most recent full fiscal year for which the 
     Administrator has compiled statistics, the Administrator 
     shall reevaluate the ranking of each State for purposes of 
     clause (i).
       ``(C) Duration.--Awards may be made or cooperative 
     agreements entered into under this subsection for multiple 
     years, not to exceed 5 years in total.
       ``(6) Annual reports.--The Administrator shall submit an 
     annual report to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives regarding--
       ``(A) the number and amount of awards provided and 
     cooperative agreements entered

[[Page S7734]]

     into under the FAST program during the preceding year;
       ``(B) a list of recipients under this subsection, including 
     their location and the activities being performed with the 
     awards made or under the cooperative agreements entered into; 
     and
       ``(C) the Mentoring Networks and the mentoring database, as 
     provided for under section 34, including--
       ``(i) the status of the inclusion of mentoring information 
     in the database required by subsection (k); and
       ``(ii) the status of the implementation and description of 
     the usage of the Mentoring Networks.
       ``(7) Program levels.--
       ``(A) In general.--There is authorized to be appropriated 
     to carry out the FAST program, including Mentoring Networks, 
     under this subsection and section 34, $15,000,000 for each of 
     fiscal years 2011 through 2016.
       ``(B) Mentoring database.--Of the total amount made 
     available under subparagraph (A) for fiscal years 2011 
     through 2016, a reasonable amount, not to exceed a total of 
     $500,000, may be used by the Administration to carry out 
     section 34(d).
       ``(8) Termination.--The authority to carry out the FAST 
     program under this subsection shall terminate on September 
     30, 2016.''.
       (b) Technical and Conforming Amendments.--The Small 
     Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by striking section 34 (15 U.S.C. 657d);
       (2) by redesignating sections 35 through 43 as sections 34 
     through 42, respectively;
       (3) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by 
     striking ``section 35(d)'' and inserting ``section 34(d)'';
       (4) in section 34 (15 U.S.C. 657e), as so redesignated--
       (A) in subsection (c)(1), by striking ``section 
     34(c)(1)(E)(ii)'' and inserting ``section 
     9(s)(3)(A)(v)(II)'';
       (B) by striking ``section 34'' each place it appears and 
     inserting ``section 9(s)''; and
       (C) by adding at the end the following:
       ``(e) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Business advice and counseling.--The term `business 
     advice and counseling' means providing advice and assistance 
     on matters described in subsection (c)(2)(B) to small 
     business concerns to guide them through the SBIR and STTR 
     program process, from application to award and successful 
     completion of each phase of the program.
       ``(2) FAST program.--The term `FAST program' means the 
     Federal and State Technology Partnership Program established 
     under section 9(s).
       ``(3) Mentor.--The term `mentor' means an individual 
     described in subsection (c)(2).
       ``(4) Mentoring network.--The term `Mentoring Network' 
     means an association, organization, coalition, or other 
     entity (including an individual) that meets the requirements 
     of subsection (c).
       ``(5) Recipient.--The term `recipient' means a person that 
     receives an award or becomes party to a cooperative agreement 
     under this section.
       ``(6) SBIR program.--The term `SBIR program' has the same 
     meaning as in section 9(e)(4).
       ``(7) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, and American Samoa.
       ``(8) STTR program.--The term `STTR program' has the same 
     meaning as in section 9(e)(6).'';
       (5) in section 36(d) (15 U.S.C. 657i(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42'';
       (6) in section 39(d) (15 U.S.C. 657l(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''; and
       (7) in section 40(b) (15 U.S.C. 657m(b)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''.

     SEC. 5202. TECHNICAL ASSISTANCE FOR AWARDEES.

       Section 9(q) of the Small Business Act (15 U.S.C. 638(q)) 
     is amended--
       (1) in paragraph (1)--
       (A) by inserting ``or STTR program'' after ``SBIR 
     program''; and
       (B) by striking ``SBIR projects'' and inserting ``SBIR or 
     STTR projects'';
       (2) in paragraph (2), by striking ``3 years'' and inserting 
     ``5 years''; and
       (3) in paragraph (3)--
       (A) in subparagraph (A)--
       (i) by inserting ``or STTR'' after ``SBIR''; and
       (ii) by striking ``$4,000'' and inserting ``$5,000'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Phase ii.--A Federal agency described in paragraph 
     (1) may--
       ``(i) provide to the recipient of a Phase II SBIR or STTR 
     award, through a vendor selected under paragraph (2), the 
     services described in paragraph (1), in an amount equal to 
     not more than $5,000 per year; or
       ``(ii) authorize the recipient of a Phase II SBIR or STTR 
     award to purchase the services described in paragraph (1), in 
     an amount equal to not more than $5,000 per year, which shall 
     be in addition to the amount of the recipient's award.''; and
       (C) by adding at the end the following:
       ``(C) Flexibility.--In carrying out subparagraphs (A) and 
     (B), each Federal agency shall provide the allowable amounts 
     to a recipient that meets the eligibility requirements under 
     the applicable subparagraph, if the recipient requests to 
     seek technical assistance from an individual or entity other 
     than the vendor selected under paragraph (2) by the Federal 
     agency.
       ``(D) Limitation.--A Federal agency may not--
       ``(i) use the amounts authorized under subparagraph (A) or 
     (B) unless the vendor selected under paragraph (2) provides 
     the technical assistance to the recipient; or
       ``(ii) enter a contract with a vendor under paragraph (2) 
     under which the amount provided for technical assistance is 
     based on total number of Phase I or Phase II awards.''.

     SEC. 5203. COMMERCIALIZATION READINESS PROGRAM AT DEPARTMENT 
                   OF DEFENSE.

       (a) In General.--Section 9(y) of the Small Business Act (15 
     U.S.C. 638(y)) is amended--
       (1) in the subsection heading, by striking ``Pilot'' and 
     inserting ``Readiness'';
       (2) by striking ``Pilot'' each place that term appears and 
     inserting ``Readiness'';
       (3) in paragraph (1)--
       (A) by inserting ``or Small Business Technology Transfer 
     Program'' after ``Small Business Innovation Research 
     Program''; and
       (B) by adding at the end the following: ``The authority to 
     create and administer a Commercialization Readiness Program 
     under this subsection may not be construed to eliminate or 
     replace any other SBIR program or STTR program that enhances 
     the insertion or transition of SBIR or STTR technologies, 
     including any such program in effect on the date of enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2006 (Public Law 109-163; 119 Stat. 3136).'';
       (4) in paragraph (2), by inserting ``or Small Business 
     Technology Transfer Program'' after ``Small Business 
     Innovation Research Program'';
       (5) by striking paragraphs (5) and (6); and
       (6) by inserting after paragraph (4) the following:
       ``(5) Insertion incentives.--For any contract with a value 
     of not less than $100,000,000, the Secretary of Defense is 
     authorized to--
       ``(A) establish goals for the transition of Phase III 
     technologies in subcontracting plans; and
       ``(B) require a prime contractor on such a contract to 
     report the number and dollar amount of contracts entered into 
     by that prime contractor for Phase III SBIR or STTR projects.
       ``(6) Goal for sbir and sttr technology insertion.--The 
     Secretary of Defense shall--
       ``(A) set a goal to increase the number of Phase II SBIR 
     contracts and the number of Phase II STTR contracts awarded 
     by that Secretary that lead to technology transition into 
     programs of record or fielded systems;
       ``(B) use incentives in effect on the date of enactment of 
     the SBIR/STTR Reauthorization Act of 2011, or create new 
     incentives, to encourage agency program managers and prime 
     contractors to meet the goal under subparagraph (A); and
       ``(C) include in the annual report to Congress the 
     percentage of contracts described in subparagraph (A) awarded 
     by that Secretary, and information on the ongoing status of 
     projects funded through the Commercialization Readiness 
     Program and efforts to transition these technologies into 
     programs of record or fielded systems.''.
       (b) Technical and Conforming Amendment.--Section 9(i)(1) of 
     the Small Business Act (15 U.S.C. 638(i)(1)) is amended by 
     inserting ``(including awards under subsection (y))'' after 
     ``the number of awards''.

     SEC. 5204. COMMERCIALIZATION READINESS PILOT PROGRAM FOR 
                   CIVILIAN AGENCIES.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ff) Pilot Program.--
       ``(1) Authorization.--The head of each covered Federal 
     agency may allocate not more than 10 percent of the funds 
     allocated to the SBIR program and the STTR program of the 
     covered Federal agency--
       ``(A) for awards for technology development, testing, and 
     evaluation of SBIR and STTR Phase II technologies; or
       ``(B) to support the progress of research or research and 
     development conducted under the SBIR or STTR programs to 
     Phase III.
       ``(2) Application by federal agency.--
       ``(A) In general.--A covered Federal agency may not 
     establish a pilot program unless the covered Federal agency 
     makes a written application to the Administrator, not later 
     than 90 days before to the first day of the fiscal year in 
     which the pilot program is to be established, that describes 
     a compelling reason that additional investment in SBIR or 
     STTR technologies is necessary, including unusually high 
     regulatory, systems integration, or other costs relating to 
     development or manufacturing of identifiable, highly 
     promising small business technologies or a class of such 
     technologies expected to substantially advance the mission of 
     the agency.
       ``(B) Determination.--The Administrator shall--
       ``(i) make a determination regarding an application 
     submitted under subparagraph (A) not later than 30 days 
     before the first day of the fiscal year for which the 
     application is submitted;
       ``(ii) publish the determination in the Federal Register; 
     and
       ``(iii) make a copy of the determination and any related 
     materials available to the

[[Page S7735]]

     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives.
       ``(3) Maximum amount of award.--The head of a covered 
     Federal agency may not make an award under a pilot program in 
     excess of 3 times the dollar amounts generally established 
     for Phase II awards under subsection (j)(2)(D) or 
     (p)(2)(B)(ix).
       ``(4) Registration.--Any applicant that receives an award 
     under a pilot program shall register with the Administrator 
     in a registry that is available to the public.
       ``(5) Report.--The head of each covered Federal agency 
     shall include in the annual report of the covered Federal 
     agency to the Administrator an analysis of the various 
     activities considered for inclusion in the pilot program of 
     the covered Federal agency and a statement of the reasons why 
     each activity considered was included or not included, as the 
     case may be.
       ``(6) Termination.--The authority to establish a pilot 
     program under this section expires at the end of fiscal year 
     2014.
       ``(7) Definitions.--In this subsection--
       ``(A) the term `covered Federal agency'--
       ``(i) means a Federal agency participating in the SBIR 
     program or the STTR program; and
       ``(ii) does not include the Department of Defense; and
       ``(B) the term `pilot program' means the program 
     established under paragraph (1).''.

     SEC. 5205. ACCELERATING CURES.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by inserting after section 42, as 
     redesignated by section 5201 of this Act, the following:

     ``SEC. 43. SMALL BUSINESS INNOVATION RESEARCH PROGRAM.

       ``(a) NIH Cures Pilot.--
       ``(1) Establishment.--An independent advisory board shall 
     be established at the National Academy of Sciences (in this 
     section referred to as the `advisory board') to conduct 
     periodic evaluations of the SBIR program (as that term is 
     defined in section 9) of each of the National Institutes of 
     Health (referred to in this section as the `NIH') institutes 
     and centers for the purpose of improving the management of 
     the SBIR program through data-driven assessment.
       ``(2) Membership.--
       ``(A) In general.--The advisory board shall consist of--
       ``(i) the Director of the NIH;
       ``(ii) the Director of the SBIR program of the NIH;
       ``(iii) senior NIH agency managers, selected by the 
     Director of NIH;
       ``(iv) industry experts, selected by the Council of the 
     National Academy of Sciences in consultation with the 
     Associate Administrator for Technology of the Administration 
     and the Director of the Office of Science and Technology 
     Policy; and
       ``(v) owners or operators of small business concerns that 
     have received an award under the SBIR program of the NIH, 
     selected by the Associate Administrator for Technology of the 
     Administration.
       ``(B) Number of members.--The total number of members 
     selected under clauses (iii), (iv), and (v) of subparagraph 
     (A) shall not exceed 10.
       ``(C) Equal representation.--The total number of members of 
     the advisory board selected under clauses (i), (ii), (iii), 
     and (iv) of subparagraph (A) shall be equal to the number of 
     members of the advisory board selected under subparagraph 
     (A)(v).
       ``(b) Addressing Data Gaps.--In order to enhance the 
     evidence-base guiding SBIR program decisions and changes, the 
     Director of the SBIR program of the NIH shall address the 
     gaps and deficiencies in the data collection concerns 
     identified in the 2007 report of the National Academy of 
     Science entitled `An Assessment of the Small Business 
     Innovation Research Program at the NIH'.
       ``(c) Pilot Program.--
       ``(1) In general.--The Director of the SBIR program of the 
     NIH may initiate a pilot program, under a formal mechanism 
     for designing, implementing, and evaluating pilot programs, 
     to spur innovation and to test new strategies that may 
     enhance the development of cures and therapies.
       ``(2) Considerations.--The Director of the SBIR program of 
     the NIH may consider conducting a pilot program to include 
     individuals with successful SBIR program experience in study 
     sections, hiring individuals with small business development 
     experience for staff positions, separating the commercial and 
     scientific review processes, and examining the impact of the 
     trend toward larger awards on the overall program.
       ``(d) Report to Congress.--The Director of the NIH shall 
     submit an annual report to Congress and the advisory board on 
     the activities of the SBIR program of the NIH under this 
     section.
       ``(e) SBIR Grants and Contracts.--
       ``(1) In general.--In awarding grants and contracts under 
     the SBIR program of the NIH each SBIR program manager shall 
     emphasize applications that identify products, processes, 
     technologies, and services that may enhance the development 
     of cures and therapies.
       ``(2) Examination of commercialization and other metrics.--
     The advisory board shall evaluate the implementation of the 
     requirement under paragraph (1) by examining increased 
     commercialization and other metrics, to be determined and 
     collected by the SBIR program of the NIH.
       ``(3) Phase i and ii.--To the greatest extent practicable, 
     the Director of the SBIR program of the NIH shall reduce the 
     time period between Phase I and Phase II funding of grants 
     and contracts under the SBIR program of the NIH to 90 days.
       ``(f) Limit.--Not more than a total of 1 percent of the 
     extramural budget (as defined in section 9 of the Small 
     Business Act (15 U.S.C. 638)) of the NIH for research or 
     research and development may be used for the pilot program 
     under subsection (c) and to carry out subsection (e).''.
       (b) Prospective Repeal.--Effective 5 years after the date 
     of enactment of this Act, the Small Business Act (15 U.S.C. 
     631 et seq.) is amended--
       (1) by striking section 43, as added by subsection (a); and
       (2) by redesignating sections 44 and 45 as sections 43 and 
     44, respectively.

     SEC. 5206. FEDERAL AGENCY ENGAGEMENT WITH SBIR AND STTR 
                   AWARDEES THAT HAVE BEEN AWARDED MULTIPLE PHASE 
                   I AWARDS BUT HAVE NOT BEEN AWARDED PHASE II 
                   AWARDS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(gg) Requirements Relating to Federal Agency Engagement 
     With Certain Phase I SBIR and STTR Awardees.--
       ``(1) Definition.--In this subsection, the term `covered 
     awardee' means a small business concern that--
       ``(A) has received multiple Phase I awards over multiple 
     years, as determined by the head of a Federal agency, under 
     the SBIR program or the STTR program of the Federal agency; 
     and
       ``(B) has not received a Phase II award--
       ``(i) under the SBIR program or STTR program, as the case 
     may be, of the Federal agency described in subparagraph (A); 
     or
       ``(ii) relating to a Phase I award described in 
     subparagraph (A) under the SBIR program or the STTR program 
     of another Federal agency.
       ``(2) Performance measures.--The head of each Federal 
     agency that participates in the SBIR program or the STTR 
     program shall develop performance measures for any covered 
     awardee relating to commercializing research or research and 
     development activities under the SBIR program or the STTR 
     program of the Federal agency.''.

     SEC. 5207. CLARIFYING THE DEFINITION OF ``PHASE III''.

       (a) Phase III Awards.--Section 9(e) of the Small Business 
     Act (15 U.S.C. 638(e)) is amended--
       (1) in paragraph (4)(C), in the matter preceding clause 
     (i), by inserting ``for work that derives from, extends, or 
     completes efforts made under prior funding agreements under 
     the SBIR program'' after ``phase'';
       (2) in paragraph (6)(C), in the matter preceding clause 
     (i), by inserting ``for work that derives from, extends, or 
     completes efforts made under prior funding agreements under 
     the STTR program'' after ``phase'';
       (3) in paragraph (8), by striking ``and'' at the end;
       (4) in paragraph (9), by striking the period at the end and 
     inserting a semicolon; and
       (5) by adding at the end the following:
       ``(10) the term `commercialization' means--
       ``(A) the process of developing products, processes, 
     technologies, or services; and
       ``(B) the production and delivery of products, processes, 
     technologies, or services for sale (whether by the 
     originating party or by others) to or use by the Federal 
     Government or commercial markets;''.
       (b) Technical and Conforming Amendments.--The Small 
     Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) in section 9 (15 U.S.C. 638)--
       (A) in subsection (e)--
       (i) in paragraph (4)(C)(ii), by striking ``scientific 
     review criteria'' and inserting ``merit-based selection 
     procedures'';
       (ii) in paragraph (9), by striking ``the second or the 
     third phase'' and inserting ``Phase II or Phase III''; and
       (iii) by adding at the end the following:
       ``(11) the term `Phase I' means--
       ``(A) with respect to the SBIR program, the first phase 
     described in paragraph (4)(A); and
       ``(B) with respect to the STTR program, the first phase 
     described in paragraph (6)(A);
       ``(12) the term `Phase II' means--
       ``(A) with respect to the SBIR program, the second phase 
     described in paragraph (4)(B); and
       ``(B) with respect to the STTR program, the second phase 
     described in paragraph (6)(B); and
       ``(13) the term `Phase III' means--
       ``(A) with respect to the SBIR program, the third phase 
     described in paragraph (4)(C); and
       ``(B) with respect to the STTR program, the third phase 
     described in paragraph (6)(C).'';
       (B) in subsection (j)--
       (i) in paragraph (1)(B), by striking ``phase two'' and 
     inserting ``Phase II'';
       (ii) in paragraph (2)--

       (I) in subparagraph (B)--

       (aa) by striking ``the third phase'' each place it appears 
     and inserting ``Phase III''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (II) in subparagraph (D)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II'';

       (III) in subparagraph (F), by striking ``the third phase'' 
     and inserting ``Phase III'';
       (IV) in subparagraph (G)--

[[Page S7736]]

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and

       (V) in subparagraph (H)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I'';
       (bb) by striking ``second phase'' each place it appears and 
     inserting ``Phase II''; and
       (cc) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (3)--

       (I) in subparagraph (A)--

       (aa) by striking ``the first phase (as described in 
     subsection (e)(4)(A))'' and inserting ``Phase I'';
       (bb) by striking ``the second phase (as described in 
     subsection (e)(4)(B))'' and inserting ``Phase II''; and
       (cc) by striking ``the third phase (as described in 
     subsection (e)(4)(C))'' and inserting ``Phase III''; and

       (II) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II'';

       (C) in subsection (k)--
       (i) by striking ``first phase'' each place it appears and 
     inserting ``Phase I''; and
       (ii) by striking ``second phase'' each place it appears and 
     inserting ``Phase II'';
       (D) in subsection (l)(2)--
       (i) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (ii) by striking ``the second phase'' and inserting ``Phase 
     II'';
       (E) in subsection (o)(13)--
       (i) in subparagraph (B), by striking ``second phase'' and 
     inserting ``Phase II''; and
       (ii) in subparagraph (C), by striking ``third phase'' and 
     inserting ``Phase III'';
       (F) in subsection (p)--
       (i) in paragraph (2)(B)--

       (I) in clause (vi)--

       (aa) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (bb) by striking ``the third phase'' and inserting ``Phase 
     III''; and

       (II) in clause (ix)--

       (aa) by striking ``the first phase'' and inserting ``Phase 
     I''; and
       (bb) by striking ``the second phase'' and inserting ``Phase 
     II''; and
       (ii) in paragraph (3)--

       (I) by striking ``the first phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase I'';
       (II) by striking ``the second phase (as described in 
     subsection (e)(6)(B))'' and inserting ``Phase II''; and
       (III) by striking ``the third phase (as described in 
     subsection (e)(6)(A))'' and inserting ``Phase III'';

       (G) in subsection (q)(3)--
       (i) in subparagraph (A)--

       (I) in the subparagraph heading, by striking ``First 
     phase'' and inserting ``Phase i''; and
       (II) by striking ``first phase'' and inserting ``Phase I''; 
     and

       (ii) in subparagraph (B)--

       (I) in the subparagraph heading, by striking ``Second 
     phase'' and inserting ``Phase ii''; and
       (II) by striking ``second phase'' and inserting ``Phase 
     II'';

       (H) in subsection (r)--
       (i) in the subsection heading, by striking ``Third Phase'' 
     and inserting ``Phase III'';
       (ii) in paragraph (1)--

       (I) in the first sentence--

       (aa) by striking ``for the second phase'' and inserting 
     ``for Phase II'';
       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (cc) by striking ``second phase period'' and inserting 
     ``Phase II period''; and

       (II) in the second sentence--

       (aa) by striking ``second phase'' and inserting ``Phase 
     II''; and
       (bb) by striking ``third phase'' and inserting ``Phase 
     III''; and
       (iii) in paragraph (2), by striking ``third phase'' and 
     inserting ``Phase III''; and
       (I) in subsection (u)(2)(B), by striking ``the first 
     phase'' and inserting ``Phase I''; and
       (2) in section 34(c)(2)(B)(vii) (15 U.S.C. 
     657e(c)(2)(B)(vii)), as redesignated by section 5201 of this 
     Act, by striking ``third phase'' and inserting ``Phase III''.

     SEC. 5208. SHORTENED PERIOD FOR FINAL DECISIONS ON PROPOSALS 
                   AND APPLICATIONS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (1) in subsection (g)(4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by adding ``and'' after the semicolon at the end; and
       (C) by adding at the end the following:
       ``(B) make a final decision on each proposal submitted 
     under the SBIR program--
       ``(i) not later than 90 days after the date on which the 
     solicitation closes; or
       ``(ii) if the Administrator authorizes an extension for a 
     solicitation, not later than 180 days after the date on which 
     the solicitation closes;''; and
       (2) in subsection (o)(4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by adding ``and'' after the semicolon at the end; and
       (C) by adding at the end the following:
       ``(B) make a final decision on each proposal submitted 
     under the STTR program--
       ``(i) not later than 90 days after the date on which the 
     solicitation closes; or
       ``(ii) if the Administrator authorizes an extension for a 
     solicitation, not later than 180 days after the date on which 
     the solicitation closes;''.
       (b) NIH Peer Review Process.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(hh) NIH Peer Review Process.--The Director of the 
     National Institutes of Health may make an award under the 
     SBIR program or the STTR program of the National Institutes 
     of Health if the application for the award has undergone 
     technical and scientific peer review under section 492 of the 
     Public Health Service Act (42 U.S.C. 289a).''.
       (2) Technical and conforming amendments.--Section 105 of 
     the National Institutes of Health Reform Act of 2006 (42 
     U.S.C. 284n) is amended--
       (A) in subsection (a)(3)--
       (i) by striking ``A grant'' and inserting ``Except as 
     provided in section 9(hh) of the Small Business Act (15 
     U.S.C. 638(hh)), a grant''; and
       (ii) by striking ``section 402(k)'' and all that follows 
     through ``Act)'' and inserting ``section 402(l) of such 
     Act''; and
       (B) in subsection (b)(5)--
       (i) by striking ``A grant'' and inserting ``Except as 
     provided in section 9(hh) of the Small Business Act (15 
     U.S.C. 638(hh)), a grant''; and
       (ii) by striking ``section 402(k)'' and all that follows 
     through ``Act)'' and inserting ``section 402(l) of such 
     Act''.

                  TITLE LIII--OVERSIGHT AND EVALUATION

     SEC. 5301. STREAMLINING ANNUAL EVALUATION REQUIREMENTS.

       Section 9(b) of the Small Business Act (15 U.S.C. 638(b)), 
     as amended by section 5102 of this Act, is amended--
       (1) in paragraph (7)--
       (A) by striking ``STTR programs, including the data'' and 
     inserting the following: ``STTR programs, including--
       ``(A) the data'';
       (B) by striking ``(g)(10), (o)(9), and (o)(15), the 
     number'' and all that follows through ``under each of the 
     SBIR and STTR programs, and a description'' and inserting the 
     following: ``(g)(8) and (o)(9); and
       ``(B) the number of proposals received from, and the number 
     and total amount of awards to, HUBZone small business 
     concerns and firms with venture capital investment (including 
     those majority-owned by multiple venture capital operating 
     companies) under each of the SBIR and STTR programs;
       ``(C) a description of the extent to which each Federal 
     agency is increasing outreach and awards to firms owned and 
     controlled by women and social or economically disadvantaged 
     individuals under each of the SBIR and STTR programs;
       ``(D) general information about the implementation of, and 
     compliance with the allocation of funds required under, 
     subsection (cc) for firms owned in majority part by venture 
     capital operating companies and participating in the SBIR 
     program;
       ``(E) a detailed description of appeals of Phase III awards 
     and notices of noncompliance with the SBIR Policy Directive 
     and the STTR Policy Directive filed by the Administrator with 
     Federal agencies; and
       ``(F) a description''; and
       (2) by inserting after paragraph (7) the following:
       ``(8) to coordinate the implementation of electronic 
     databases at each of the Federal agencies participating in 
     the SBIR program or the STTR program, including the technical 
     ability of the participating agencies to electronically share 
     data;''.

     SEC. 5302. DATA COLLECTION FROM AGENCIES FOR SBIR.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) by striking paragraph (10);
       (2) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively; and
       (3) by inserting after paragraph (7) the following:
       ``(8) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from awardees as is 
     necessary to assess the SBIR program, including information 
     necessary to maintain the database described in subsection 
     (k), including--
       ``(A) whether an awardee--
       ``(i) has venture capital or is majority-owned by multiple 
     venture capital operating companies, and, if so--

       ``(I) the amount of venture capital that the awardee has 
     received as of the date of the award; and
       ``(II) the amount of additional capital that the awardee 
     has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34, as in effect on the day before the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, or 
     the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001); or

[[Page S7737]]

       ``(vii) is located in a State described in subsection 
     (u)(3); and
       ``(B) a justification statement from the agency, if an 
     awardee receives an award in an amount that is more than the 
     award guidelines under this section;''.

     SEC. 5303. DATA COLLECTION FROM AGENCIES FOR STTR.

       Section 9(o) of the Small Business Act (15 U.S.C. 638(o)) 
     is amended by striking paragraph (9) and inserting the 
     following:
       ``(9) collect annually, and maintain in a common format in 
     accordance with the simplified reporting requirements under 
     subsection (v), such information from applicants and awardees 
     as is necessary to assess the STTR program outputs and 
     outcomes, including information necessary to maintain the 
     database described in subsection (k), including--
       ``(A) whether an applicant or awardee--
       ``(i) has venture capital or is majority-owned by multiple 
     venture capital operating companies, and, if so--

       ``(I) the amount of venture capital that the applicant or 
     awardee has received as of the date of the application or 
     award, as applicable; and
       ``(II) the amount of additional capital that the applicant 
     or awardee has invested in the SBIR technology;

       ``(ii) has an investor that--

       ``(I) is an individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States, 
     and if so, the name of any such individual; or
       ``(II) is a person that is not an individual and is not 
     organized under the laws of a State or the United States, and 
     if so the name of any such person;

       ``(iii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iv) is owned by a socially or economically disadvantaged 
     individual or has a socially or economically disadvantaged 
     individual as a principal investigator;
       ``(v) received assistance under the FAST program under 
     section 34 or the outreach program under subsection (s);
       ``(vi) is a faculty member or a student of an institution 
     of higher education, as that term is defined in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001); or
       ``(vii) is located in a State in which the total value of 
     contracts awarded to small business concerns under all STTR 
     programs is less than the total value of contracts awarded to 
     small business concerns in a majority of other States, as 
     determined by the Administrator in biennial fiscal years, 
     beginning with fiscal year 2008, based on the most recent 
     statistics compiled by the Administrator; and
       ``(B) if an awardee receives an award in an amount that is 
     more than the award guidelines under this section, a 
     statement from the agency that justifies the award amount;''.

     SEC. 5304. PUBLIC DATABASE.

       Section 9(k)(1) of the Small Business Act (15 U.S.C. 
     638(k)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) for each small business concern that has received a 
     Phase I or Phase II SBIR or STTR award from a Federal agency, 
     whether the small business concern--
       ``(i) has venture capital and, if so, whether the small 
     business concern is registered as majority-owned by multiple 
     venture capital operating companies as required under 
     subsection (cc)(4);
       ``(ii) is owned by a woman or has a woman as a principal 
     investigator;
       ``(iii) is owned by a socially or economically 
     disadvantaged individual or has a socially or economically 
     disadvantaged individual as a principal investigator;
       ``(iv) received assistance under the FAST program under 
     section 34, as in effect on the day before the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, or 
     the outreach program under subsection (s); or
       ``(v) is owned by a faculty member or a student of an 
     institution of higher education, as that term is defined in 
     section 101 of the Higher Education Act of 1965 (20 U.S.C. 
     1001).''.

     SEC. 5305. GOVERNMENT DATABASE.

       Section 9(k) of the Small Business Act (15 U.S.C. 638(k)) 
     is amended--
       (1) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``Not later'' and all that follows through ``Act of 2000'' 
     and inserting ``Not later than 90 days after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011'';
       (B) by striking subparagraph (C);
       (C) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (C), respectively;
       (D) by inserting before subparagraph (B), as so 
     redesignated, the following:
       ``(A) contains, for each small business concern that 
     applies for, submits a proposal for, or receives an award 
     under Phase I or Phase II of the SBIR program or the STTR 
     program--
       ``(i) the name, size, and location, and an identifying 
     number assigned by the Administration of the small business 
     concern;
       ``(ii) an abstract of the project;
       ``(iii) the specific aims of the project;
       ``(iv) the number of employees of the small business 
     concern;
       ``(v) the names of key individuals that will carry out the 
     project;
       ``(vi) the percentage of effort each individual described 
     in clause (iv) will contribute to the project;
       ``(vii) whether the small business concern is majority-
     owned by multiple venture capital operating companies; and
       ``(viii) the Federal agency to which the application is 
     made, and contact information for the person or office within 
     the Federal agency that is responsible for reviewing 
     applications and making awards under the SBIR program or the 
     STTR program;'';
       (E) by redesignating subparagraphs (D), and (E) as 
     subparagraphs (E) and (F), respectively;
       (F) by inserting after subparagraph (C), as so 
     redesignated, the following:
       ``(D) includes, for each awardee--
       ``(i) the name, size, location, and any identifying number 
     assigned to the awardee by the Administrator;
       ``(ii) whether the awardee has venture capital, and, if 
     so--

       ``(I) the amount of venture capital as of the date of the 
     award;
       ``(II) the percentage of ownership of the awardee held by a 
     venture capital operating company, including whether the 
     awardee is majority-owned by multiple venture capital 
     operating companies; and
       ``(III) the amount of additional capital that the awardee 
     has invested in the SBIR technology, which information shall 
     be collected on an annual basis;

       ``(iii) the names and locations of any affiliates of the 
     awardee;
       ``(iv) the number of employees of the awardee;
       ``(v) the number of employees of the affiliates of the 
     awardee; and
       ``(vi) the names of, and the percentage of ownership of the 
     awardee held by--

       ``(I) any individual who is not a citizen of the United 
     States or a lawful permanent resident of the United States; 
     or
       ``(II) any person that is not an individual and is not 
     organized under the laws of a State or the United States;'';

       (G) in subparagraph (E), as so redesignated, by striking 
     ``and'' at the end;
       (H) in subparagraph (F), as so redesignated, by striking 
     the period at the end and inserting ``; and''; and
       (I) by adding at the end the following:
       ``(G) includes a timely and accurate list of any individual 
     or small business concern that has participated in the SBIR 
     program or STTR program that has committed fraud, waste, or 
     abuse relating to the SBIR program or STTR program.''; and
       (2) in paragraph (3), by adding at the end the following:
       ``(C) Government database.--Not later than 60 days after 
     the date established by a Federal agency for submitting 
     applications or proposals for a Phase I or Phase II award 
     under the SBIR program or STTR program, the head of the 
     Federal agency shall submit to the Administrator the data 
     required under paragraph (2) with respect to each small 
     business concern that applies or submits a proposal for the 
     Phase I or Phase II award.''.

     SEC. 5306. ACCURACY IN FUNDING BASE CALCULATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter until the 
     date that is 5 years after the date of enactment of this Act, 
     the Comptroller General of the United States shall--
       (1) conduct a fiscal and management audit of the SBIR 
     program and the STTR program for the applicable period to--
       (A) determine whether Federal agencies comply with the 
     expenditure amount requirements under subsections (f)(1) and 
     (n)(1) of section 9 of the Small Business Act (15 U.S.C. 
     638), as amended by this Act;
       (B) assess the extent of compliance with the requirements 
     of section 9(i)(2) of the Small Business Act (15 U.S.C. 
     638(i)(2)) by Federal agencies participating in the SBIR 
     program or the STTR program and the Administration;
       (C) assess whether it would be more consistent and 
     effective to base the amount of the allocations under the 
     SBIR program and the STTR program on a percentage of the 
     research and development budget of a Federal agency, rather 
     than the extramural budget of the Federal agency; and
       (D) determine the portion of the extramural research or 
     research and development budget of a Federal agency that each 
     Federal agency spends for administrative purposes relating to 
     the SBIR program or STTR program, and for what specific 
     purposes, including the portion, if any, of such budget the 
     Federal agency spends for salaries and expenses, travel to 
     visit applicants, outreach events, marketing, and technical 
     assistance; and
       (2) submit a report to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives regarding the audit 
     conducted under paragraph (1), including the assessments 
     required under subparagraphs (B) and (C), and the 
     determination made under subparagraph (D) of paragraph (1).
       (b) Definition of Applicable Period.--In this section, the 
     term ``applicable period'' means--
       (1) for the first report submitted under this section, the 
     period beginning on October 1, 2005, and ending on September 
     30 of the last full fiscal year before the date of enactment 
     of this Act for which information is available; and

[[Page S7738]]

       (2) for the second and each subsequent report submitted 
     under this section, the period--
       (A) beginning on October 1 of the first fiscal year after 
     the end of the most recent full fiscal year relating to which 
     a report under this section was submitted; and
       (B) ending on September 30 of the last full fiscal year 
     before the date of the report.

     SEC. 5307. CONTINUED EVALUATION BY THE NATIONAL ACADEMY OF 
                   SCIENCES.

       Section 108 of the Small Business Reauthorization Act of 
     2000 (15 U.S.C. 638 note) is amended by adding at the end the 
     following:
       ``(e) Extensions and Enhancements of Authority.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of the SBIR/STTR Reauthorization Act of 2011, 
     the head of each agency described in subsection (a), in 
     consultation with the Small Business Administration, shall 
     cooperatively enter into an agreement with the National 
     Academy of Sciences for the National Research Council to, not 
     later than 4 years after the date of enactment of the SBIR/
     STTR Reauthorization Act of 2011, and every 4 years 
     thereafter--
       ``(A) continue the most recent study under this section 
     relating to--
       ``(i) the issues described in subparagraphs (A), (B), (C), 
     and (E) of subsection (a)(1); and
       ``(ii) the effectiveness of the government and public 
     databases described in section 9(k) of the Small Business Act 
     (15 U.S.C. 638(k)) in reducing vulnerabilities of the SBIR 
     program and the STTR program to fraud, waste, and abuse, 
     particularly with respect to Federal agencies funding 
     duplicative proposals and business concerns falsifying 
     information in proposals;
       ``(B) make recommendations with respect to the issues 
     described in subparagraph (A)(ii) and subparagraphs (A), (D), 
     and (E) of subsection (a)(2); and
       ``(C) estimate, to the extent practicable, the number of 
     jobs created by the SBIR program or STTR program of the 
     agency.
       ``(2) Consultation.--An agreement under paragraph (1) shall 
     require the National Research Council to ensure there is 
     participation by and consultation with the small business 
     community, the Administration, and other interested parties 
     as described in subsection (b).
       ``(3) Reporting.--An agreement under paragraph (1) shall 
     require that not later than 4 years after the date of 
     enactment of the SBIR/STTR Reauthorization Act of 2011, and 
     every 4 years thereafter, the National Research Council shall 
     submit to the head of the agency entering into the agreement, 
     the Committee on Small Business and Entrepreneurship of the 
     Senate, and the Committee on Small Business of the House of 
     Representatives a report regarding the study conducted under 
     paragraph (1) and containing the recommendations described in 
     paragraph (1).''.

     SEC. 5308. TECHNOLOGY INSERTION REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ii) Phase III Reporting.--The annual SBIR or STTR report 
     to Congress by the Administration under subsection (b)(7) 
     shall include, for each Phase III award made by the Federal 
     agency--
       ``(1) the name of the agency or component of the agency or 
     the non-Federal source of capital making the Phase III award;
       ``(2) the name of the small business concern or individual 
     receiving the Phase III award; and
       ``(3) the dollar amount of the Phase III award.''.

     SEC. 5309. INTELLECTUAL PROPERTY PROTECTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study of the SBIR program to assess 
     whether--
       (1) Federal agencies comply with the data rights 
     protections for SBIR awardees and the technologies of SBIR 
     awardees under section 9 of the Small Business Act (15 U.S.C. 
     638);
       (2) the laws and policy directives intended to clarify the 
     scope of data rights, including in prototypes and mentor-
     protege relationships and agreements with Federal 
     laboratories, are sufficient to protect SBIR awardees; and
       (3) there is an effective grievance tracking process for 
     SBIR awardees who have grievances against a Federal agency 
     regarding data rights and a process for resolving those 
     grievances.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to the Committee on Small Business and Entrepreneurship of 
     the Senate and the Committee on Small Business of the House 
     of Representatives a report regarding the study conducted 
     under subsection (a).

     SEC. 5310. OBTAINING CONSENT FROM SBIR AND STTR APPLICANTS TO 
                   RELEASE CONTACT INFORMATION TO ECONOMIC 
                   DEVELOPMENT ORGANIZATIONS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(jj) Consent To Release Contact Information to 
     Organizations.--
       ``(1) Enabling concern to give consent.--Each Federal 
     agency required by this section to conduct an SBIR program or 
     an STTR program shall enable a small business concern that is 
     an SBIR applicant or an STTR applicant to indicate to the 
     Federal agency whether the Federal agency has the consent of 
     the concern to--
       ``(A) identify the concern to appropriate local and State-
     level economic development organizations as an SBIR applicant 
     or an STTR applicant; and
       ``(B) release the contact information of the concern to 
     such organizations.
       ``(2) Rules.--The Administrator shall establish rules to 
     implement this subsection. The rules shall include a 
     requirement that a Federal agency include in the SBIR and 
     STTR application a provision through which the applicant can 
     indicate consent for purposes of paragraph (1).''.

     SEC. 5311. PILOT TO ALLOW FUNDING FOR ADMINISTRATIVE, 
                   OVERSIGHT, AND CONTRACT PROCESSING COSTS.

       (a) In General.--Section 9 of the Small Business Act (15 
     U.S.C. 638), as amended by this Act, is amended by adding at 
     the end the following:
       ``(kk) Assistance for Administrative, Oversight, and 
     Contract Processing Costs.--
       ``(1) In general.--Subject to paragraph (2), for the 3 full 
     fiscal years beginning after the date of enactment of this 
     subsection, the Administrator shall allow each Federal agency 
     required to conduct an SBIR program to use not more than 3 
     percent of the funds allocated to the SBIR program of the 
     Federal agency for--
       ``(A) the administration of the SBIR program or the STTR 
     program of the Federal agency;
       ``(B) the provision of outreach and technical assistance 
     relating to the SBIR program or STTR program of the Federal 
     agency, including technical assistance site visits and 
     personnel interviews;
       ``(C) the implementation of commercialization and outreach 
     initiatives that were not in effect on the date of enactment 
     of this subsection;
       ``(D) carrying out the program under subsection (y);
       ``(E) activities relating to oversight and congressional 
     reporting, including the waste, fraud, and abuse prevention 
     activities described in section 313(a)(1)(B)(ii) of the SBIR/
     STTR Reauthorization Act of 2011;
       ``(F) targeted reviews of recipients of awards under the 
     SBIR program or STTR program of the Federal agency that the 
     head of the Federal agency determines are at high risk for 
     fraud, waste, or abuse, to ensure compliance with 
     requirements of the SBIR program or STTR program, 
     respectively;
       ``(G) the implementation of oversight and quality control 
     measures, including verification of reports and invoices and 
     cost reviews;
       ``(H) carrying out subsection (cc);
       ``(I) carrying out subsection (ff);
       ``(J) contract processing costs relating to the SBIR 
     program or STTR program of the Federal agency; and
       ``(K) funding for additional personnel and assistance with 
     application reviews.
       ``(2) Performance criteria.--A Federal agency may not use 
     funds as authorized under paragraph (1) until after the 
     effective date of performance criteria, which the 
     Administrator shall establish, to measure any benefits of 
     using funds as authorized under paragraph (1) and to assess 
     continuation of the authority under paragraph (1).
       ``(3) Rules.--Not later than 180 days after the date of 
     enactment of this subsection, the Administrator shall issue 
     rules to carry out this subsection.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Section 9 of the Small Business Act (15 
     U.S.C. 638) is amended--
       (A) in subsection (f)(2)(A), as so designated by section 
     5103(2) of this Act, by striking ``shall not'' and all that 
     follows through ``make available for the purpose'' and 
     inserting ``shall not make available for the purpose''; and
       (B) in subsection (y), as amended by section 203--
       (i) by striking paragraph (4);
       (ii) by redesignating paragraphs (5) and (6) as paragraphs 
     (4) and (5), respectively.
       (2) Transitional rule.--Notwithstanding the amendments made 
     by paragraph (1), subsection (f)(2)(A) and (y)(4) of section 
     9 of the Small Business Act (15 U.S.C. 638), as in effect on 
     the day before the date of enactment of this Act, shall 
     continue to apply to each Federal agency until the effective 
     date of the performance criteria established by the 
     Administrator under subsection (kk)(2) of section 9 of the 
     Small Business Act, as added by subsection (a).
       (3) Prospective repeal.--Effective on the first day of the 
     fourth full fiscal year following the date of enactment of 
     this Act, section 9 of the Small Business Act (15 U.S.C. 
     638), as amended by paragraph (1) of this section, is 
     amended--
       (A) in subsection (f)(2)(A), by striking ``shall not make 
     available for the purpose'' and inserting the following: 
     ``shall not--
       ``(i) use any of its SBIR budget established pursuant to 
     paragraph (1) for the purpose of funding administrative costs 
     of the program, including costs associated with salaries and 
     expenses; or
       ``(ii) make available for the purpose''; and
       (B) in subsection (y)--
       (i) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (ii) by inserting after paragraph (3) the following:
       ``(4) Funding.--
       ``(A) In general.--The Secretary of Defense and each 
     Secretary of a military department may use not more than an 
     amount equal to 1 percent of the funds available to

[[Page S7739]]

     the Department of Defense or the military department pursuant 
     to the Small Business Innovation Research Program for payment 
     of expenses incurred to administer the Commercialization 
     Pilot Program under this subsection.
       ``(B) Limitations.--The funds described in subparagraph 
     (A)--
       ``(i) shall not be subject to the limitations on the use of 
     funds in subsection (f)(2); and
       ``(ii) shall not be used to make Phase III awards.''.

     SEC. 5312. GAO STUDY WITH RESPECT TO VENTURE CAPITAL 
                   OPERATING COMPANY INVOLVEMENT.

       Not later than 3 years after the date of enactment of this 
     Act, and every 3 years thereafter, the Comptroller General of 
     the United States shall--
       (1) conduct a study of the impact of requirements relating 
     to venture capital operating company involvement under 
     section 9(cc) of the Small Business Act, as added by section 
     5108 of this Act; and
       (2) submit to Congress a report regarding the study 
     conducted under paragraph (1).

     SEC. 5313. REDUCING VULNERABILITY OF SBIR AND STTR PROGRAMS 
                   TO FRAUD, WASTE, AND ABUSE.

       (a) Fraud, Waste, and Abuse Prevention.--
       (1) Guidelines for fraud, waste, and abuse prevention.--
       (A) Amendments required.--Not later than 90 days after the 
     date of enactment of this Act, the Administrator shall amend 
     the SBIR Policy Directive and the STTR Policy Directive to 
     include measures to prevent fraud, waste, and abuse in the 
     SBIR program and the STTR program.
       (B) Content of amendments.--The amendments required under 
     subparagraph (A) shall include--
       (i) definitions or descriptions of fraud, waste, and abuse;
       (ii) a requirement that the Inspectors General of each 
     Federal agency that participates in the SBIR program or the 
     STTR program cooperate to--

       (I) establish fraud detection indicators;
       (II) review regulations and operating procedures of the 
     Federal agencies;
       (III) coordinate information sharing between the Federal 
     agencies; and
       (IV) improve the education and training of, and outreach 
     to--

       (aa) administrators of the SBIR program and the STTR 
     program of each Federal agency;
       (bb) applicants to the SBIR program or the STTR program; 
     and
       (cc) recipients of awards under the SBIR program or the 
     STTR program;
       (iii) guidelines for the monitoring and oversight of 
     applicants to and recipients of awards under the SBIR program 
     or the STTR program; and
       (iv) a requirement that each Federal agency that 
     participates in the SBIR program or STTR program include the 
     telephone number of the hotline established under paragraph 
     (2)--

       (I) on the Web site of the Federal agency; and
       (II) in any solicitation or notice of funding opportunity 
     issued by the Federal agency for the SBIR program or the STTR 
     program.

       (2) Fraud, waste, and abuse prevention hotline.--
       (A) Hotline established.--The Administrator shall establish 
     a telephone hotline that allows individuals to report fraud, 
     waste, and abuse in the SBIR program or STTR program.
       (B) Publication.--The Administrator shall include the 
     telephone number for the hotline established under 
     subparagraph (A) on the Web site of the Administration.
       (b) Study and Report.--
       (1) Study.--Not later than 1 year after the date of 
     enactment of this Act, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       (A) conduct a study that evaluates--
       (i) the implementation by each Federal agency that 
     participates in the SBIR program or the STTR program of the 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive made pursuant to subsection (a);
       (ii) the effectiveness of the management information system 
     of each Federal agency that participates in the SBIR program 
     or STTR program in identifying duplicative SBIR and STTR 
     projects;
       (iii) the effectiveness of the risk management strategies 
     of each Federal agency that participates in the SBIR program 
     or STTR program in identifying areas of the SBIR program or 
     the STTR program that are at high risk for fraud;
       (iv) technological tools that may be used to detect 
     patterns of behavior that may indicate fraud by applicants to 
     the SBIR program or the STTR program;
       (v) the success of each Federal agency that participates in 
     the SBIR program or STTR program in reducing fraud, waste, 
     and abuse in the SBIR program or the STTR program of the 
     Federal agency; and
       (vi) the extent to which the Inspector General of each 
     Federal agency that participates in the SBIR program or STTR 
     program effectively conducts investigations of individuals 
     alleged to have submitted false claims or violated Federal 
     law relating to fraud, conflicts of interest, bribery, 
     gratuity, or other misconduct; and
       (B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate, the Committee on Small 
     Business of the House of Representatives, and the head of 
     each Federal agency that participates in the SBIR program or 
     STTR program a report on the results of the study conducted 
     under subparagraph (A).

     SEC. 5314. INTERAGENCY POLICY COMMITTEE.

       (a) Establishment.--The Director of the Office of Science 
     and Technology Policy (in this section referred to as the 
     ``Director''), in conjunction with the Administrator, shall 
     establish an Interagency SBIR/STTR Policy Committee (in this 
     section referred to as the ``Committee'') comprised of 1 
     representative from each Federal agency with an SBIR program 
     or an STTR program and 1 representative of the Office of 
     Management and Budget.
       (b) Cochairpersons.--The Director and the Administrator 
     shall serve as cochairpersons of the Committee.
       (c) Duties.--The Committee shall review, and make policy 
     recommendations on ways to improve the effectiveness and 
     efficiency of, the SBIR program and the STTR program, 
     including--
       (1) reviewing the effectiveness of the public and 
     government databases described in section 9(k) of the Small 
     Business Act (15 U.S.C. 638(k));
       (2) identifying--
       (A) best practices for commercialization assistance by 
     Federal agencies that have significant potential to be 
     employed by other Federal agencies; and
       (B) proposals by Federal agencies for initiatives to 
     address challenges for small business concerns in obtaining 
     funding after a Phase II award ends and before 
     commercialization; and
       (3) developing and incorporating a standard evaluation 
     framework to enable systematic assessment of the SBIR program 
     and STTR program, including through improved tracking of 
     awards and outcomes and development of performance measures 
     for the SBIR program and STTR program of each Federal agency.
       (d) Reports.--The Committee shall submit to the Committee 
     on Small Business and Entrepreneurship of the Senate and the 
     Committee on Science and Technology and the Committee on 
     Small Business of the House of Representatives--
       (1) a report on the review by and recommendations of the 
     Committee under subsection (c)(1) not later than 1 year after 
     the date of enactment of this Act;
       (2) a report on the review by and recommendations of the 
     Committee under subsection (c)(2) not later than 18 months 
     after the date of enactment of this Act; and
       (3) a report on the review by and recommendations of the 
     Committee under subsection (c)(3) not later than 2 years 
     after the date of enactment of this Act.

     SEC. 5315. SIMPLIFIED PAPERWORK REQUIREMENTS.

       Section 9(v) of the Small Business Act (15 U.S.C. 638(v)) 
     is amended--
       (1) in the subsection heading, by striking ``Simplified 
     Reporting Requirements'' and inserting ``Reducing Paperwork 
     and Compliance Burden'';
       (2) by striking ``The Administrator'' and inserting the 
     following:
       ``(1) Standardization of reporting requirements.--The 
     Administrator''; and
       (3) by adding at the end the following:
       ``(2) Simplification of application and award process.--Not 
     later than one year after the date of enactment of this 
     paragraph, and after a period of public comment, the 
     Administrator shall issue regulations or guidelines, taking 
     into consideration the unique needs of each Federal agency, 
     to ensure that each Federal agency required to carry out an 
     SBIR program or STTR program simplifies and standardizes the 
     program proposal, selection, contracting, compliance, and 
     audit procedures for the SBIR program or STTR program of the 
     Federal agency (including procedures relating to overhead 
     rates for applicants and documentation requirements) to 
     reduce the paperwork and regulatory compliance burden on 
     small business concerns applying to and participating in the 
     SBIR program or STTR program.''.

                      TITLE LIV--POLICY DIRECTIVES

     SEC. 5401. CONFORMING AMENDMENTS TO THE SBIR AND THE STTR 
                   POLICY DIRECTIVES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall promulgate 
     amendments to the SBIR Policy Directive and the STTR Policy 
     Directive to conform such directives to this Act and the 
     amendments made by this Act.
       (b) Publishing SBIR Policy Directive and the STTR Policy 
     Directive in the Federal Register.--Not later than 180 days 
     after the date of enactment of this Act, the Administrator 
     shall publish the amended SBIR Policy Directive and the 
     amended STTR Policy Directive in the Federal Register.

                       TITLE LV--OTHER PROVISIONS

     SEC. 5501. RESEARCH TOPICS AND PROGRAM DIVERSIFICATION.

       (a) SBIR Program.--Section 9(g) of the Small Business Act 
     (15 U.S.C. 638(g)) is amended--
       (1) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``broad research topics and to topics that further 1 or more 
     critical technologies'' and inserting ``applications to the 
     Federal agency for support of projects relating to 
     nanotechnology, rare diseases, security, energy, 
     transportation, or improving the security and quality of the 
     water supply of the United States, and the efficiency of

[[Page S7740]]

     water delivery systems and usage patterns in the United 
     States (including the territories of the United States) 
     through the use of technology (to the extent that the 
     projects relate to the mission of the Federal agency), broad 
     research topics, and topics that further 1 or more critical 
     technologies or research priorities'';
       (B) in subparagraph (A), by striking ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) the National Academy of Sciences, in the final report 
     issued by the `America's Energy Future: Technology 
     Opportunities, Risks, and Tradeoffs' project, and in any 
     subsequent report by the National Academy of Sciences on 
     sustainability, energy, or alternative fuels;
       ``(D) the National Institutes of Health, in the annual 
     report on the rare diseases research activities of the 
     National Institutes of Health for fiscal year 2005, and in 
     any subsequent report by the National Institutes of Health on 
     rare diseases research activities;
       ``(E) the National Academy of Sciences, in the final report 
     issued by the `Transit Research and Development: Federal Role 
     in the National Program' project and the report entitled 
     `Transportation Research, Development and Technology 
     Strategic Plan (2006-2010)' issued by the Research and 
     Innovative Technology Administration of the Department of 
     Transportation, and in any subsequent report issued by the 
     National Academy of Sciences or the Department of 
     Transportation on transportation and infrastructure; or
       ``(F) the national nanotechnology strategic plan required 
     under section 2(c)(4) of the 21st Century Nanotechnology 
     Research and Development Act (15 U.S.C. 7501(c)(4)) and in 
     any report issued by the National Science and Technology 
     Council Committee on Technology that focuses on areas of 
     nanotechnology identified in such plan;''; and
       (2) by adding after paragraph (12), as added by section 
     5111(a) of this Act, the following:
       ``(13) encourage applications under the SBIR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the SBIR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment rate, based on the most recently available 
     monthly publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (b) STTR Program.--Section 9(o) of the Small Business Act 
     (15 U.S.C. 638(o)), as amended by section 5111(b) of this 
     Act, is amended--
       (1) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``broad research topics and to topics that further 1 or more 
     critical technologies'' and inserting ``applications to the 
     Federal agency for support of projects relating to 
     nanotechnology, security, energy, rare diseases, 
     transportation, or improving the security and quality of the 
     water supply of the United States (to the extent that the 
     projects relate to the mission of the Federal agency), broad 
     research topics, and topics that further 1 or more critical 
     technologies or research priorities'';
       (B) in subparagraph (A), by striking ``or'' at the end; and
       (C) by adding at the end the following:
       ``(C) the National Academy of Sciences, in the final report 
     issued by the `America's Energy Future: Technology 
     Opportunities, Risks, and Tradeoffs' project, and in any 
     subsequent report by the National Academy of Sciences on 
     sustainability, energy, or alternative fuels;
       ``(D) the National Institutes of Health, in the annual 
     report on the rare diseases research activities of the 
     National Institutes of Health for fiscal year 2005, and in 
     any subsequent report by the National Institutes of Health on 
     rare diseases research activities;
       ``(E) the National Academy of Sciences, in the final report 
     issued by the `Transit Research and Development: Federal Role 
     in the National Program' project and the report entitled 
     `Transportation Research, Development and Technology 
     Strategic Plan (2006-2010)' issued by the Research and 
     Innovative Technology Administration of the Department of 
     Transportation, and in any subsequent report issued by the 
     National Academy of Sciences or the Department of 
     Transportation on transportation and infrastructure; or
       ``(F) the national nanotechnology strategic plan required 
     under section 2(c)(4) of the 21st Century Nanotechnology 
     Research and Development Act (15 U.S.C. 7501(c)(4)) and in 
     any report issued by the National Science and Technology 
     Council Committee on Technology that focuses on areas of 
     nanotechnology identified in such plan;'';
       (2) in paragraph (15), by striking ``and'' at the end;
       (3) in paragraph (16), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(17) encourage applications under the STTR program (to 
     the extent that the projects relate to the mission of the 
     Federal agency)--
       ``(A) from small business concerns in geographic areas 
     underrepresented in the STTR program or located in rural 
     areas (as defined in section 1393(a)(2) of the Internal 
     Revenue Code of 1986);
       ``(B) small business concerns owned and controlled by 
     women;
       ``(C) small business concerns owned and controlled by 
     veterans;
       ``(D) small business concerns owned and controlled by 
     Native Americans; and
       ``(E) small business concerns located in a geographic area 
     with an unemployment rates that exceed the national 
     unemployment rate, based on the most recently available 
     monthly publications of the Bureau of Labor Statistics of the 
     Department of Labor.''.
       (c) Research and Development Focus.--Section 9(x) of the 
     Small Business Act (15 U.S.C. 638(x)) is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraph (3) as paragraph (2).

     SEC. 5502. REPORT ON SBIR AND STTR PROGRAM GOALS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(ll) Annual Report on SBIR and STTR Program Goals.--
       ``(1) Development of metrics.--The head of each Federal 
     agency required to participate in the SBIR program or the 
     STTR program shall develop metrics to evaluate the 
     effectiveness, and the benefit to the people of the United 
     States, of the SBIR program and the STTR program of the 
     Federal agency that--
       ``(A) are science-based and statistically driven;
       ``(B) reflect the mission of the Federal agency; and
       ``(C) include factors relating to the economic impact of 
     the programs.
       ``(2) Evaluation.--The head of each Federal agency 
     described in paragraph (1) shall conduct an annual evaluation 
     using the metrics developed under paragraph (1) of--
       ``(A) the SBIR program and the STTR program of the Federal 
     agency; and
       ``(B) the benefits to the people of the United States of 
     the SBIR program and the STTR program of the Federal agency.
       ``(3) Report.--
       ``(A) In general.--The head of each Federal agency 
     described in paragraph (1) shall submit to the appropriate 
     committees of Congress and the Administrator an annual report 
     describing in detail the results of an evaluation conducted 
     under paragraph (2).
       ``(B) Public availability of report.--The head of each 
     Federal agency described in paragraph (1) shall make each 
     report submitted under subparagraph (A) available to the 
     public online.
       ``(C) Definition.--In this paragraph, the term `appropriate 
     committees of Congress' means--
       ``(i) the Committee on Small Business and Entrepreneurship 
     of the Senate; and
       ``(ii) the Committee on Small Business and the Committee on 
     Science and Technology of the House of Representatives.''.

     SEC. 5503. COMPETITIVE SELECTION PROCEDURES FOR SBIR AND STTR 
                   PROGRAMS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is amended by adding at the end the 
     following:
       ``(mm) Competitive Selection Procedures for SBIR and STTR 
     Programs.--All funds awarded, appropriated, or otherwise made 
     available in accordance with subsection (f) or (n) must be 
     awarded pursuant to competitive and merit-based selection 
     procedures.''.
                                 ______
                                 
  SA 1116. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. IMPROVING THE TRANSITION OF MEMBERS OF THE ARMED 
                   FORCES WITH EXPERIENCE IN THE OPERATION OF 
                   CERTAIN MOTOR VEHICLES INTO CAREERS OPERATING 
                   COMMERCIAL MOTOR VEHICLES IN THE PRIVATE 
                   SECTOR.

       (a) Study.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense and the 
     Secretary of Transportation shall jointly conduct a study to 
     identify the legislative and regulatory actions that can be 
     taken for purposes as follows:
       (A) To facilitate the obtaining of commercial driver's 
     licenses (within the meaning of section 31302 of title 49, 
     United States Code) by former members of the Armed Forces who 
     operated qualifying motor vehicles as members of the Armed 
     Forces.
       (B) To improve the transition of members of the Armed 
     Forces who operate qualifying motor vehicles as members of 
     the Armed Forces into careers operating commercial motor 
     vehicles (as defined in section 31301 of such title) in the 
     private sector after separation from service in the Armed 
     Forces.
       (2) Elements.--The study required by paragraph (1) shall 
     include the following:
       (A) Identification of any training, qualifications, or 
     experiences of members of the

[[Page S7741]]

     Armed Forces described in paragraph (1)(B) that satisfy the 
     minimum standards prescribed by the Secretary of 
     Transportation for the operation of commercial motor vehicles 
     under section 31305 of title 49, United States Code.
       (B) Identification of the actions the Secretary of Defense 
     can take to document the training, qualifications, and 
     experiences of such members for the purposes described in 
     paragraph (1).
       (C) Identification of the actions the Secretary of Defense 
     can take to modify the training and education programs of the 
     Department of Defense for the purposes described in paragraph 
     (1).
       (D) An assessment of the feasibility and advisability of 
     each of the legislative and regulatory actions identified 
     under the study.
       (E) Development of recommendations for legislative and 
     regulatory actions to further the purposes described in 
     paragraph (1).
       (b) Implementation.--Upon completion of the study required 
     by subsection (a), the Secretary of Defense and the Secretary 
     of Transportation shall carry out the actions identified 
     under the study which the Secretaries--
       (1) can carry out without legislative action; and
       (2) jointly consider both feasible and advisable.
       (c) Report.--
       (1) In general.--Upon completion of the study required by 
     subsection (a)(1), the Secretary of Defense and the Secretary 
     of Transportation shall jointly submit to Congress a report 
     on the findings of the Secretaries with respect to the study.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A description of the legislative and regulatory actions 
     identified under the study.
       (B) A description of the actions described in subparagraph 
     (A) that can be carried out by the Secretary of Defense and 
     the Secretary of Transportation without any legislative 
     action.
       (C) A description of the feasibility and advisability of 
     each of the legislative and regulatory actions identified by 
     the study.
       (D) The recommendations developed under subsection 
     (a)(2)(E).
       (d) Definitions.--In this section:
       (1) Motor vehicle.--The term ``motor vehicle'' means a 
     vehicle, machine, tractor, trailer, or semitrailer propelled 
     or drawn by mechanical power and used on land, but does not 
     include a vehicle, machine, tractor, trailer, or semitrailer 
     operated only on a rail line or custom harvesting farm 
     machinery.
       (2) Qualifying motor vehicle.--The term ``qualifying motor 
     vehicle'' means a motor vehicle or combination of motor 
     vehicles used to transport passengers or property that--
       (A) has a gross combination vehicle weight rating of 26,001 
     pounds or more, inclusive of a towed unit with a gross 
     vehicle weight rating of more than 10,000 pounds;
       (B) has a gross vehicle weight rating of 26,001 pounds or 
     more;
       (C) is designed to transport 16 or more passengers, 
     including the driver; or
       (D) is of any size and is used in the transportation of 
     materials found to be hazardous under chapter 51 of title 49, 
     United States Code, and which require the motor vehicle to be 
     placarded under subpart F of part 172 of title 49, Code of 
     Federal Regulations, or any corresponding similar regulation 
     or ruling.
                                 ______
                                 
  SA 1117. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. __. WHITE SANDS MISSILE RANGE AND FORT BLISS.

       (a) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     paragraph (3), the Federal land described in paragraph (2) is 
     withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Description of federal land.--The Federal land referred 
     to in paragraph (1) consists of--
       (A) the approximately 5,100 acres of land depicted as 
     ``Withdrawal Area'' on the map entitled ``White Sands 
     Military Reservation Withdrawal'' and dated May 3, 2011;
       (B) the approximately 37,600 acres of land depicted as 
     ``Parcel 1'', ``Parcel 2'', and ``Parcel 3'' on the map 
     entitled ``Dona Ana County Land Transfer and Withdrawal'' and 
     dated April 20, 2011; and
       (C) any land or interest in land that is acquired by the 
     United States within the boundaries of the parcels described 
     in subparagraph (B).
       (3) Limitation.--Notwithstanding paragraph (1), the land 
     depicted as ``Parcel 3'' on the map described in paragraph 
     (2)(B) is not withdrawn for purposes of the issuance of oil 
     and gas pipeline rights-of-way.
       (b) Reservation.--The Federal land described in subsection 
     (a)(2)(A) is reserved for use by the Secretary of the Army 
     for military purposes in accordance with Public Land Order 
     833, dated May 21, 1952 (17 Fed. Reg. 4822).
       (c) Transfer of Administrative Jurisdiction.--Effective on 
     the date of enactment of this Act, administrative 
     jurisdiction over the approximately 2,050 acres of land 
     generally depicted as ``Parcel 1'' on the map described in 
     subsection (a)(2)(B)--
       (1) is transferred from the Secretary of the Army to the 
     Secretary of the Interior (acting through the Director of the 
     Bureau of Land Management); and
       (2) shall be managed in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) any other applicable laws.
       (d) Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     publish in the Federal Register a legal description of the 
     Federal land withdrawn by subsection (a).
       (2) Force of law.--The legal description published under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary of the 
     Interior may correct errors in the legal description.
       (3) Reimbursement of costs.--The Secretary of the Army 
     shall reimburse the Secretary of the Interior for any costs 
     incurred by the Secretary of the Interior in implementing 
     this subsection with regard to the Federal land described in 
     subsection (a)(2)(A).
                                 ______
                                 
  SA 1118. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 346. MODIFICATION OF AVAILABILITY OF SURCHARGES 
                   COLLECTED BY COMMISSARY STORES.

       (a) In General.--Paragraph (1)(A) of section 2484(h) of 
     title 10, United States Code, is amended by striking clauses 
     (i) and (ii) and inserting the following new clauses:
       ``(i) to replace, renovate, expand, improve, repair, and 
     maintain commissary stores and central product processing 
     facilities of the defense commissary system;
       ``(ii) to acquire (including acquisition by lease), 
     convert, or construct such commissary stores and central 
     product processing facilities as are authorized by law;
       ``(iii) to equip the physical infrastructure of such 
     commissary stores and central product processing facilities; 
     and
       ``(iv) to cover environmental evaluation and construction 
     costs related to activities described in clauses (i) and 
     (ii), including costs for surveys, administration, overhead, 
     planning, and design.''.
       (b) Source and Availability of Certain Funds.--Such section 
     is further amended by adding at the end the following new 
     paragraph:
       ``(6)(A) There shall be credited to the `Surcharge 
     Collections, Sales of Commissary Stores, Defense Commissary' 
     account on the books of the Treasury receipts from sources or 
     activities identified in the following:
       ``(i) Paragraph (5).
       ``(ii) Subsections (c), (d), and (g).
       ``(iii) Subsections (e), (g), and (h) of section 2485 of 
     this title.
       ``(B)(i) Funds may not be appropriated for the account 
     referred to in subparagraph (A), or appropriated for transfer 
     into the account, unless such appropriation or transfer is 
     specifically authorized in an Act authorizing appropriations 
     for military activities of the Department of Defense.
       ``(ii) Funds appropriated for or transferred into the 
     account in accordance with clause (i) may not be merged with 
     amounts within the account.
       ``(iii) Funds appropriated for or transferred into the 
     account in accordance with clause (i) shall not be available 
     to acquire, convert, construct, or improve a commissary store 
     or central product processing facility of the defense 
     commissary system unless specifically authorized in an Act 
     authorizing military construction for the Department of 
     Defense.''.
                                 ______
                                 
  SA 1119. Mr. BROWN, of Massachusetts (for himself and Mr. Boozman) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

[[Page S7742]]

     SEC. ___. PROTECTION OF CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE ARMED FORCES 
                   DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.

       (a) Child Custody Protection.--Title II of the 
     Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) 
     is amended by adding at the end the following new section:

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Change of Custody.--If a motion for 
     change of custody of a child of a servicemember is filed 
     while the servicemember is deployed in support of a 
     contingency operation, no court may enter an order modifying 
     or amending any previous judgment or order, or issue a new 
     order, that changes the custody arrangement for that child 
     that existed as of the date of the deployment of the 
     servicemember, except that a court may enter a temporary 
     custody order if the court finds that it is in the best 
     interest of the child.
       ``(b) Completion of Deployment.--In any preceding covered 
     under subsection (a), a court shall require that, upon the 
     return of the servicemember from deployment in support of a 
     contingency operation, the custody order that was in effect 
     immediately preceding the date of the deployment of the 
     servicemember be reinstated, unless the court finds that such 
     a reinstatement is not in the best interest of the child, 
     except that any such finding shall be subject to subsection 
     (c).
       ``(c) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion for the change of custody 
     of the child of a servicemember is filed, no court may 
     consider the absence of the servicemember by reason of 
     deployment, or possibility of deployment, in determining the 
     best interest of the child.
       ``(d) No Federal Right of Action.--Nothing in this section 
     shall create a Federal right of action.
       ``(e) Preemption.--In any case where State or Federal law 
     applicable to a child custody proceeding under State or 
     Federal law provides a higher standard of protection to the 
     rights of the parent who is a servicemember than the rights 
     provided under this section, the State or Federal court shall 
     apply the State or Federal standard.
       ``(f) Contingency Operation Defined.--In this section, the 
     term `contingency operation' has the meaning given that term 
     in section 101(a)(13) of title 10, United States Code, except 
     that the term may include such other deployments as the 
     Secretary concerned may prescribe.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:

``208. Child custody protection.''.
                                 ______
                                 
  SA 1120. Mrs. SHAHEEN (for herself, Mrs. Gillibrand, Mrs. Boxer, Mr. 
Lautenberg, Mrs. Murray, Mr. Blumenthal, Ms. Stabenow, Mr. Durbin, Mr. 
Tester, Mr. Franken, and Mr. Coons) submitted an amendment intended to 
be proposed by her to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

       Section 1093(a) of title 10, United States Code, is amended 
     by inserting before the period at the end the following: ``or 
     in a case in which the pregnancy is the result of an act of 
     rape or incest''.
                                 ______
                                 
  SA 1121. Mrs. SHAHEEN (for herself, Mrs. Gillibrand, Mrs. Boxer, Mr. 
Lautenberg, Mrs. Murray, Mr. Blumenthal, and Mr. Durbin) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 714. RESTORATION OF PREVIOUS POLICY REGARDING 
                   RESTRICTIONS ON USE OF DEPARTMENT OF DEFENSE 
                   MEDICAL FACILITIES.

       Section 1093 of title 10, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Restriction on Use 
     of Funds.--''.
                                 ______
                                 
  SA 1122. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2__. LABORATORY FACILITIES, HANOVER, NEW HAMPSHIRE.

       (a) Acquisition.--
       (1) In general.--Subject to paragraph (3), the Secretary of 
     the Army (referred to in this section as the ``Secretary'') 
     may acquire any real property and associated real property 
     interests in the vicinity of Hanover, New Hampshire, 
     described in paragraph (2) as may be needed for the Engineer 
     Research and Development Center laboratory facilities at the 
     Cold Regions Research and Engineering Laboratory.
       (2) Description of real property.--The real property 
     described in this paragraph is the real property to be 
     acquired under paragraph (1)--
       (A) consisting of approximately 18.5 acres, identified as 
     Tracts 101-1 and 101-2, together with all necessary easements 
     located entirely within the Town of Hanover, New Hampshire; 
     and
       (B) generally bounded--
       (i) to the east by state route 10-Lyme Road;
       (ii) to the north by the vacant property of the Trustees of 
     Dartmouth College;
       (iii) to the south by Fletcher Circle graduate student 
     housing owned by the Trustees of Dartmouth College; and
       (iv) to the west by approximately 9 acres of real property 
     acquired in fee through condemnation in 1981 by the 
     Secretary.
       (3) Amount paid for property.--The Secretary shall pay not 
     more than fair market value for any real property and 
     associated real property interest acquired under this 
     subsection.
       (b) Revolving Fund.--The Secretary--
       (1) through the Plant Replacement and Improvement Program 
     of the Secretary, may use amounts in the revolving fund 
     established by section 101 of the Civil Functions 
     Appropriations Act, 1954 (33 U.S.C. 576) to acquire the real 
     property and associated real property interests described in 
     subsection (a); and
       (2) shall ensure that the revolving fund is appropriately 
     reimbursed from the benefitting appropriations.
       (c) Right of First Refusal.--
       (1) In general.--The Secretary may provide the seller of 
     any real property and associated property interests 
     identified in subsection (a) a right of first refusal--
       (A) a right of first refusal to acquire the property, or 
     any portion of the property, in the event the property or 
     portion is no longer needed by the Department of the Army; 
     and
       (B) a right of first refusal to acquire any real property 
     or associated real property interests acquired by 
     condemnation in Civil Action No. 81-360-L, in the event the 
     property, or any portion of the property, is no longer needed 
     by the Department of the Army.
       (2) Nature of right.--A right of first refusal provided to 
     a seller under this subsection shall not inure to the benefit 
     of any successor or assign of the seller.
       (d) Consideration; Fair Market Value.--The purchase of any 
     property by a seller exercising a right of first refusal 
     provided under subsection (c) shall be for--
       (1) consideration acceptable to the Secretary; and
       (2) not less than fair market value at the time at which 
     the property becomes available for purchase.
       (e) Disposal.--The Secretary may dispose of any property or 
     associated real property interests that are subject to the 
     exercise of the right of first refusal under this section.
       (f) No Effect on Compliance With Environmental Laws.--
     Nothing in this section affects or limits the application of 
     or obligation to comply with any environmental law, including 
     section 120(h) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
                                 ______
                                 
  SA 1123. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 705. SENSE OF CONGRESS ON PREMIUMS FOR HEALTH CARE FOR 
                   RETIRED CAREER MEMBERS OF THE UNIFORMED 
                   SERVICES.

       It is the sense of Congress that--
       (1) career members of the uniformed services and their 
     families endure unique and extraordinary demands and make 
     extraordinary sacrifices over the course of a 20-year to 30-
     year career in protecting freedom for all Americans; and
       (2) those decades of sacrifice constitute a significant 
     pre-paid premium for health care during retirement that is 
     over and above

[[Page S7743]]

     what such members pay in money as a premium for such health 
     care.
                                 ______
                                 
  SA 1124. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 595, beginning with line 3, strike through line 22 
     on page 599 and insert the following:

     SECTION 3301. SHORT TITLE; AMENDMENT OF TITLE 46, UNITED 
                   STATES CODE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the Maritime 
     Administration Authorization Act for Fiscal Year 2012.
       (b) Amendment of Title 46, United States Code.--Except as 
     otherwise expressly provided, whenever in this title an 
     amendment or repeal is expressed in terms of an amendment to, 
     or a repeal of, a section or other provision, the reference 
     shall be considered to be made to a section or other 
     provision of title 46, United States Code.
       (c) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 3301. Short title; amendment of title 46, United States Code; 
              table of contents.
Sec. 3302. Marine transportation system.
Sec. 3303. Short sea transportation program amendments.
Sec. 3304. Use of national defense reserve fleet and ready reserve 
              force vessels.
Sec. 3305. Green ships program.
Sec. 3306. Waiver of navigation and vessel-inspection laws.
Sec. 3307. Ship scrapping reporting requirement.
Sec. 3308. Extension of maritime security fleet program.
Sec. 3309. Maritime workforce study.
Sec. 3310. Maritime administration vessel recycling contract award 
              practices.
Sec. 3311. Prohibition on maritime administration receipt of polar 
              icebreakers.
Sec. 3312. Authorization of appropriations for fiscal year 2012.

     SEC. 3302. MARINE TRANSPORTATION SYSTEM.

       (a) Report on Status of System.--Section 50109(d) is 
     amended to read as follows:
       ``(d) Marine Transportation System.--
       ``(1) Report on waterways.--Not later than October 1, 2012, 
     the Secretary, in consultation with the Secretary of Defense 
     and the commanding officer of the Army Corps of Engineers, 
     and with the concurrence of the Secretary of the department 
     in which the Coast Guard is operating, shall submit a report 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Armed Services and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives on the status of the Nation's coastal and 
     inland waterways that--
       ``(A) describes the state of the United States' marine 
     transportation infrastructure, including intercoastal 
     infrastructure, intracoastal infrastructure, inland waterway 
     infrastructure, ports, and marine facilities;
       ``(B) provides estimates of the investment levels 
     required--
       ``(i) to maintain the infrastructure; and
       ``(ii) to improve the infrastructure; and
       ``(C) describes the overall environmental management of the 
     maritime transportation system and the integration of 
     environmental stewardship into the overall system.
       ``(2) Marine transportation.--The Secretary may 
     investigate, make determinations concerning, and develop a 
     repository of statistical information relating to marine 
     transportation, including its relationship to transportation 
     by land and air, to facilitate research, assessment, and 
     maintenance of the maritime transportation system. As used in 
     this paragraph, the term marine transportation includes 
     intercoastal transportation, intracoastal transportation, 
     inland waterway transportation, ports, and marine facilities.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     may be necessary to carry out this subsection.''.
       (b) Container-on-barge Transportation.--
       (1) Assessment and report.--Not later than 6 months after 
     the date of enactment of this Act, the Maritime 
     Administration shall assess the potential for using 
     container-on-barge transportation on the inland waterways 
     system and submit a report, together with the 
     Administration's findings, conclusions, and recommendations, 
     to the Committee on Commerce, Science, and Transportation of 
     the Senate and the Committee on Armed Services and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives. If the Administration determines that it 
     would be in the public interest, the report may include 
     recommendations for a plan to increase awareness of the 
     potential for use of such container-on-barge transportation 
     and recommendations for the development and implementation of 
     such a plan.
       (2) Factors.--In conducting the assessment, the 
     Administration shall consider--
       (A) the environmental benefits of increasing container-on-
     barge movements on our inland and intracoastal waterways 
     system;
       (B) regional differences in the inland waterways system;
       (C) existing programs established at coastal and Great 
     Lakes ports for establishing awareness of deep sea shipping 
     operations;
       (D) mechanisms to ensure that implementation of the plan 
     will not be inconsistent with antitrust laws; and
       (E) potential frequency of service at inland river ports.

     SEC. 3303. SHORT SEA TRANSPORTATION PROGRAM AMENDMENTS.

       (a) Program Purpose.--Section 55601(a) is amended by 
     inserting ``and to promote more efficient use of the 
     navigable waters of the United States'' after ``congestion''.
       (b) Designation of Routes.--Section 55601(c) is amended by 
     inserting ``and to promote more efficient use of the 
     navigable waters of the United States'' after ``coastal 
     corridors''.
       (c) Project Designation.--Section 55601(d) is amended to 
     read as follows:
       ``(d) Project Designation.--The Secretary may designate a 
     project as a short sea transportation project if the 
     Secretary determines that the project--
       ``(1) mitigates landside congestion; or
       ``(2) promotes more efficient use of the navigable waters 
     of the United States.''.
       (d) Documentation.--Section 55605 is amended by striking 
     ``by vessel'' and inserting ``by a documented vessel''.

     SEC. 3304. USE OF NATIONAL DEFENSE RESERVE FLEET AND READY 
                   RESERVE FORCE VESSELS.

       Section 11 of the Merchant Ship Sales Act of 1946 (50 
     U.S.C. App. 1744), is amended--
       (1) in subsection (b)--
       (A) by striking ``or'' in paragraph (4) after the 
     semicolon;
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(6) for civil contingency operations and Maritime 
     Administration promotional and media events under subsection 
     (f).''; and
       (2) by adding at the end the following:
       ``(f) Civil Contingency Operations and Promotional and 
     Media Events.--The Secretary of Transportation may allow, 
     with the concurrence of the Secretary of Defense, the use of 
     a vessel in the National Defense Reserve Fleet for civil 
     contingency operations requested by another Federal agency, 
     and for Maritime Administration promotional and media events 
     that are related to demonstration projects and research and 
     development supporting the Maritime Administration's mission, 
     if the Secretary of Transportation determines the use of the 
     vessel is in the best interest of the United States 
     Government after--
       ``(1) considering the availability of the National Defense 
     Reserve Fleet and Ready Reserve Force resources;
       ``(2) considering the impact on National Defense Reserve 
     Fleet and Ready Reserve Force mission support to the defense 
     and homeland security requirements of the United States 
     Government;
       ``(3) ensuring that the use of the vessel supports the 
     mission of the Maritime Administration and does not 
     significantly interfere with vessel maintenance, repair, 
     safety, readiness, or resource availability;
       ``(4) ensuring that safety precautions are taken, including 
     indemnification of liability, when applicable;
       ``(5) ensuring that any cost incurred by the use of the 
     vessel is funded as a reimbursable transaction between 
     Federal agencies, as applicable; and
       ``(6) considering any other factors the Secretary of 
     Transportation determines are appropriate.''.

     SEC. 3305. GREEN SHIPS PROGRAM.

       (a) In General.--Chapter 503 is amended by adding at the 
     end the following:

     ``SEC. Sec.  50307. GREEN SHIPS PROGRAM

       ``(a) In General.--The Secretary of Transportation may 
     establish a green ships program to engage in the 
     environmental study, research, development, assessment, and 
     deployment of emerging marine technologies and practices 
     related to the marine transportation system through the use 
     of public vessels under the control of the Maritime 
     Administration or private vessels under Untied States 
     registry, and through partnerships and cooperative efforts 
     with academic, public, private, and non-governmental entities 
     and facilities.
       ``(b) Program Requirements.--The program shall--
       ``(1) identify, study, evaluate, test, demonstrate, or 
     improve emerging marine technologies and practices that are 
     likely to achieve environmental improvements by--
       ``(A) reducing air emissions, water emissions, or other 
     ship discharges;
       ``(B) increasing fuel economy or the use of alternative 
     fuels and alternative energy (including the use of shore 
     power); or
       ``(C) controlling aquatic invasive species; and
       ``(2) be coordinated with the Environmental Protection 
     Agency, the United States Coast Guard, and other Federal, 
     State, local, or tribal agencies, as appropriate.
       ``(c) Program Coordination.--Program coordination under 
     subsection (b)(2) may include--
       ``(1) activities that are associated with the development 
     or approval of validation and testing regimes; and

[[Page S7744]]

       ``(2) certification or validation of emerging technologies 
     or practices that demonstrate significant environmental 
     benefits.
       ``(d) Funding and Fees.--
       ``(1) In general.--In carrying out the green ships program, 
     the Secretary of Transportation may apply such funds as may 
     be appropriated and such funds or resources as may become 
     available by gift, cooperative agreement, or otherwise, 
     including the collection of fees, for the purposes of the 
     program and its administration.
       ``(2) Establishment of fees.--Pursuant to section 9701 of 
     title 31, the Secretary of Transportation may promulgate 
     regulations establishing fees to recover reasonable costs to 
     the Secretary and to academic, public, and non-governmental 
     entities associated with the program.
       ``(3) Fee deposit.--Any fees collected under this section 
     shall be deposited in a special fund of the United States 
     Treasury for services rendered under the program, which 
     thereafter shall remain available until expended to carry out 
     the Secretary of Transportation's activities for which the 
     fees were collected.
       ``(e) Report.--The Secretary of Transportation shall report 
     on the activities, expenditures, and results of the green 
     ships program during the preceding fiscal year in the annual 
     budget submission to Congress.''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 503 is amended by inserting after the item relating 
     to section 50306 the following:

``50307. Green ships program.''.

     SEC. 3306. WAIVER OF NAVIGATION AND VESSEL-INSPECTION LAWS.

       Section 501(b) is amended by adding ``A waiver shall be 
     accompanied by a certification by the individual and the 
     Administrator to the Committee on Commerce, Science, and 
     Transportation and the Committee on Armed Services of the 
     Senate, and the Committee on Transportation and 
     Infrastructure and the Committee on Armed Services of the 
     House of Representatives that it is not possible to use a 
     United States flag vessel or United States flag vessels 
     collectively to meet the national defense requirements.'' 
     after ``prescribes.''.

     SEC. 3307. SHIP SCRAPPING REPORTING REQUIREMENT.

       Section 3502 of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (enacted into law by 
     section 1 of Public Law 106-398; 16 U.S.C. 5405 note; 114 
     Stat. 1654A-490) is amended by amending subsection (f) to 
     read as follows:
       ``(f) The Secretary of Transportation shall provide 
     briefings, upon request, to the Committee on Commerce, 
     Science, and Transportation and the Committee on Armed 
     Services of the Senate and the Committee on Transportation 
     and Infrastructure, the Committee on Resources, and the 
     Committee on Armed Services of the House of Representatives 
     on--
       ``(1) the progress made to recycle vessels;
       ``(2) any problems encountered in recycling vessels; and
       ``(3) any other issues relating to vessel recycling and 
     disposal.''.

     SEC. 3308. EXTENSION OF MARITIME SECURITY FLEET PROGRAM.

       (a) Section 53101 is amended--
       (1) by amending paragraph (4) to read as follows:
       ``(4) Foreign commerce.--The term foreign commerce means--
       ``(A) commerce or trade between the United States, its 
     territories or possessions, or the District of Columbia, and 
     a foreign country; and
       ``(B) commerce or trade between foreign countries.'';
       (2) by striking paragraph (5);
       (3) by redesignating paragraphs (6) through (13) as (5) 
     through (12), respectively; and
       (4) by amending paragraph (5), as redesignated by section 
     3308(a)(3) of this Act, to read as follows:
       ``(5) Participating fleet vessel.--The term participating 
     fleet vessel means any vessel that--
       ``(A) on October 1, 2015--
       ``(i) meets the requirements of paragraph (1), (2), (3), or 
     (4) of section 53102(c); and
       ``(ii) is less than 20 years of age if the vessel is a tank 
     vessel, or is less than 25 years of age for all other vessel 
     types; and
       ``(B) on December 31, 2014, is covered by an operating 
     agreement under this chapter.''.
       (b) Section 53102(b) is amended to read as follows:
       ``(b) Vessel Eligibility.--A vessel is eligible to be 
     included in the Fleet if--
       ``(1) the vessel meets the requirements of paragraph (1), 
     (2), (3), or (4) of subsection (c);
       ``(2) the vessel is operated (or in the case of a vessel to 
     be constructed, will be operated) in providing transportation 
     in foreign commerce;
       ``(3) the vessel is self-propelled and--
       ``(A) is a tank vessel that is 10 years of age or less on 
     the date the vessel is included in the Fleet; or
       ``(B) is any other type of vessel that is 15 years of age 
     or less on the date the vessel is included in the Fleet;
       ``(4) the vessel--
       ``(A) is suitable for use by the United States for national 
     defense or military purposes in time of war or national 
     emergency, as determined by the Secretary of Defense; and
       ``(B) is commercially viable, as determined by the 
     Secretary; and
       ``(5) the vessel--
       ``(A) is a United States-documented vessel; or
       ``(B) is not a United States-documented vessel, but--
       ``(i) the owner of the vessel has demonstrated an intent to 
     have the vessel documented under chapter 121 of this title if 
     it is included in the Fleet; and
       ``(ii) at the time an operating agreement for the vessel is 
     entered into under this chapter, the vessel is eligible for 
     documentation under chapter 121 of this title.''.
       (c) Section 53103 is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Extension of Existing Operating Agreements.--
       ``(1) Offer to extend.--Not later than 60 days after the 
     date of enactment of the Maritime Administration 
     Authorization Act for Fiscal Year 2012, the Secretary shall 
     offer, to an existing contractor, to extend, through 
     September 30, 2025, an operating agreement that is in 
     existence on the date of enactment of that Act. The terms and 
     conditions of the extended operating agreement shall include 
     terms and conditions authorized under this chapter, as 
     amended from time to time.
       ``(2) Time limit.--An existing contractor shall have not 
     later than 120 days after the date the Secretary offers to 
     extend an operating agreement to agree to the extended 
     operating agreement.
       ``(3) Subsequent award.--The Secretary may award an 
     operating agreement to an applicant that is eligible to enter 
     into an operating agreement for fiscal years 2016 through 
     2025 if the existing contractor does not agree to the 
     extended operating agreement under paragraph (2).''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Procedure for Awarding New Operating Agreements.--The 
     Secretary may enter into a new operating agreement with an 
     applicant that meets the requirements of section 53102(c) 
     (for vessels that meet the qualifications of section 
     53102(b)) on the basis of priority for vessel type 
     established by military requirements of the Secretary of 
     Defense. The Secretary shall allow an applicant at least 30 
     days to submit an application for a new operating agreement. 
     After consideration of military requirements, priority shall 
     be given to an applicant that is a U.S. citizen under section 
     50501 of this title. The Secretary may not approve an 
     application without the consent of the Secretary of Defense. 
     The Secretary shall enter into an operating agreement with 
     the applicant or provide a written reason for denying the 
     application.''.
       (d) Section 53104 is amended--
       (1) in subsection (c), by striking paragraph (3); and
       (2) in subsection (e), by striking ``an operating agreement 
     under this chapter is terminated under subsection (c)(3), or 
     if''.
       (e) Section 53105 is amended--
       (1) by amending subsection (e) to read as follows:
       ``(e) Transfer of Operating Agreements.--A contractor under 
     an operating agreement may transfer the agreement (including 
     all rights and obligations under the operating agreement) to 
     any person that is eligible to enter into the operating 
     agreement under this chapter if the Secretary and the 
     Secretary of Defense determine that the transfer is in the 
     best interests of the United States. A transaction shall not 
     be considered a transfer of an operating agreement if the 
     same legal entity with the same vessels remains the 
     contracting party under the operating agreement.''; and
       (2) by amending subsection (f) to read as follows:
       ``(f) Replacement Vessels.--A contractor may replace a 
     vessel under an operating agreement with another vessel that 
     is eligible to be included in the Fleet under section 
     53102(b), if the Secretary, in conjunction with the Secretary 
     of Defense, approves the replacement of the vessel.''.
       (f) Section 53106 is amended--
       (1) in subsection (a)(1), by striking ``and (C) $3,100,000 
     for each of fiscal years 2012 through 2025.'' and inserting 
     the following:
       ``(C) $3,100,000 for each of fiscal years 2012, 2013, 2014, 
     2015, 2016, 2017, and 2018;
       ``(D) $3,500,000 for each of fiscal years 2019, 2020, and 
     2021; and
       ``(E) $3,700,000 for each of fiscal years 2022, 2023, 2024, 
     and 2025.'';
       (2) in subsection (c)(3)(C), by striking ``a LASH vessel.'' 
     and inserting ``a lighter aboard ship vessel.''; and
       (3) by striking subsection (f).
       (g) Section 53107(b)(1) is amended to read as follows:
       ``(1) In general.--An Emergency Preparedness Agreement 
     under this section shall require that a contractor for a 
     vessel covered by an operating agreement under this chapter 
     shall make commercial transportation resources (including 
     services) available, upon request by the Secretary of Defense 
     during a time of war or national emergency, or whenever the 
     Secretary of Defense determines that it is necessary for 
     national security or contingency operation (as that term is 
     defined in section 101 of title 10, United States Code).''.
       (h) Section 53109 is repealed.
       (i) Section 53111 is amended--
       (1) by striking ``and'' at the end of paragraph (2); and
       (2) by amending paragraph (3) to read as follows:
       ``(3) $186,000,000 for each of fiscal years 2012, 2013, 
     2014, 2015, 2016, 2017, and 2018;
       ``(4) $210,000,000 for each of fiscal years 2019, 2020, and 
     2021; and

[[Page S7745]]

       ``(5) $222,000,000 for each fiscal year thereafter through 
     fiscal year 2025.''.
       (j) Chapter 531 is amended by adding at the end the 
     following:

     ``SEC. Sec.  53112. ACQUISITION OF FLEET VESSELS

       ``(a) In General.--Notwithstanding section 2218(f) of title 
     10, United States Code, upon replacement of any vessel 
     subject to an operating agreement under this chapter, and 
     subject to agreement by the vessel owner, the Secretary is 
     authorized, subject to concurrence with the Secretary of 
     Defense, to acquire the vessel being replaced for inclusion 
     in the National Defense Reserve Fleet.
       ``(b) Requirements.--In order to be eligible for 
     acquisition by the Secretary under this section, a vessel 
     shall--
       ``(1) have been included in a Maritime Security Program 
     Operating Agreement for not less than 3 years; and
       ``(2) meet recapitalization requirements for the Ready 
     Reserve Force.
       ``(c) Fair Market Value.--The Maritime Administration shall 
     establish a fair market value for the acquisition of an 
     eligible vessel under this section.
       ``(d) Appropriations.--A vessel acquisition under this 
     section shall be subject to the availability of 
     appropriations and the appropriations shall be part of the 
     National Defense Reserve Fleet appropriations and separate 
     from Maritime Security Program appropriations.''.
       (k) The table of contents for chapter 531 is amended--
       (1) by striking the item relating to section 53109; and
       (2) by inserting at the end the following:

``53112. Acquisition of fleet vessels.''.
       (l) Effective Date of Amendments.--The amendments made by--
       (1) paragraphs (2), (3), and (4) of section 3308(a) of this 
     Act take effect on December 31, 2014; and
       (2) section 3308(f)(2) of this Act take effect on December 
     31, 2014.

     SEC. 3309. MARITIME WORKFORCE STUDY.

       (a) Training Study.--The Comptroller General of the United 
     States shall conduct a study on the training needs of the 
     maritime workforce.
       (b) Study Components.--The study shall--
       (1) analyze the impact of training requirements imposed by 
     domestic and international regulations and conventions, 
     companies, and government agencies that charter or operate 
     vessels;
       (2) evaluate the ability of the Nation's maritime training 
     infrastructure to meet the current needs of the maritime 
     industry;
       (3) evaluate the ability of the Nation's maritime training 
     infrastructure to effectively meet the needs of the maritime 
     industry in the future;
       (4) identify trends in maritime training;
       (5) compare the training needs of U.S. mariners with the 
     vocational training and educational assistance programs 
     available from Federal agencies to evaluate the ability of 
     Federal programs to meet the training needs of U.S. mariners;
       (6) include recommendations for future programs to enhance 
     the capabilities of the Nation's maritime training 
     infrastructure; and
       (7) include recommendations for future programs to assist 
     U.S. mariners and those entering the maritime profession 
     achieve the required training.
       (c) Final Report.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General shall submit a 
     report on the results of the study to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 3310. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 
                   AWARD PRACTICES.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this Act, the Inspector General of the 
     Department of Transportation shall conduct an assessment of 
     the source selection procedures and practices used to award 
     the Maritime Administration's National Defense Reserve Fleet 
     vessel recycling contracts. The Inspector General shall 
     assess the process, procedures, and practices used for the 
     Maritime Administration's qualification of vessel recycling 
     facilities. The Inspector General shall report the findings 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Armed Services of the Senate, and the 
     Committee on Transportation and Infrastructure and the 
     Committee on Armed Services of the House of Representatives.
       (b) Assessment.--The assessment under subsection (a) shall 
     include a review of whether the Maritime Administration's 
     contract source selection procedures and practices are 
     consistent with law, the Federal Acquisition Regulations 
     (FAR), and Federal best practices associated with making 
     source selection decisions.
       (c) Considerations.--In making the assessment under 
     subsection (a), the Inspector General may consider any other 
     aspect of the Maritime Administration's vessel recycling 
     process that the Inspector General deems appropriate to 
     review.

     SEC. 3311. PROHIBITION ON MARITIME ADMINISTRATION RECEIPT OF 
                   POLAR ICEBREAKERS.

       Until the date that is 2 years after the date on which the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Transportation and Infrastructure 
     of the House of Representatives receive the polar icebreaker 
     business case analysis under subsection 307(f) of the Coast 
     Guard Authorization Act of 2010 (14 U.S.C. 92 note), or until 
     the Coast Guard has replaced the Coast Guard Cutter POLAR SEA 
     (WAGB 11) and the Coast Guard Cutter POLAR STAR (WAGB 10) 
     with 2 in commission, active heavy polar icebreakers--
       (1) the Administrator of the Maritime Administration may 
     not receive, maintain, dismantle, or recycle either cutter; 
     and
       (2) the Commandant may not--
       (A) transfer or relinquish ownership of either of the 
     cutters;
       (B) dismantle a major component of, or recycle parts from, 
     the POLAR SEA, unless the POLAR STAR cannot be made to 
     function properly without doing so;
       (C) change the homeport of either of the cutters;
       (D) expend any funds--
       (i) for any expenses directly or indirectly associated with 
     the decommissioning of either of the cutters, including 
     expenses for dock use or other goods and services;
       (ii) for any personnel expenses directly or indirectly 
     associated with the decommissioning of either of the cutters, 
     including expenses for a decommissioning officer; or
       (iii) for any expenses associated with a decommissioning 
     ceremony for either of the cutters;
       (E) appoint a decommissioning officer to be affiliated with 
     either of the cutters; or
       (F) place either of the cutters in inactive status, 
     including a status of--
       (i) out of commission, in reserve;
       (ii) out of service, in reserve; or
       (iii) pending placement out of commission.

     SEC. 3312. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 
                   2012.

       There are authorized to be appropriated to the Secretary of 
     Transportation for programs of the Maritime Administration 
     the following amounts:
       (1) Operations and training.--For expenses necessary for 
     operations and training activities, not to exceed 
     $161,539,000 for the fiscal year ending September 30, 2012, 
     of which--
       (A) $28,885,000 is for capital improvements at the U.S. 
     Merchant Marine Academy, to remain available until expended; 
     and
       (B) $11,100,000 is for maintenance and repair for training 
     ships at State Maritime Schools, to remain available until 
     expended.
       (2) Maritime guaranteed loans.--For administrative expenses 
     related to loan guarantee commitments under chapter 537 of 
     title 46, United States Code, not to exceed $3,750,000, which 
     shall be paid to the appropriation for Operations and 
     Training, Maritime Administration.
       (3) Ship disposal.--For disposal of non-retention vessels 
     in the National Defense Reserve Fleet, $18,500,000, to remain 
     available until expended.
                                 ______
                                 
  SA 1125. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Durbin, and Mr. 
Udall of Colorado) submitted an amendment intended to be proposed by 
her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 361, line 9, insert ``abroad'' after ``is 
     captured''.
                                 ______
                                 
  SA 1126. Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Durbin, and Mr. 
Udall of Colorado) submitted an amendment intended to be proposed by 
her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 360, between lines 21 and 22, insert the following:
       (e) Applicability to Citizens.--The authority described in 
     this section for the Armed Forces of the United States to 
     detain a person does not include the authority to detain a 
     citizen of the United States without trial until the end of 
     the hostilities.
                                 ______
                                 
  SA 1127. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2056, to instruct the Inspector General of the 
Federal Deposit Insurance Corporation to study the impact of insured 
depository institution failures, and for other purposes; which was 
referred to the Committee on Banking, Housing, and Urban Affairs; as 
follows:

       On page 2, line 10, insert ``and'' after the semicolon.
       On page 2, line 14, strike the semicolon and all that 
     follows through line 19 and insert a period.
       On page 4, strike line 14 and all that follows through page 
     5, line 5, and insert the following:
       (2) Losses.--The significance of losses, including--
       (A) the number of insured depository institutions that have 
     been placed into receivership or conservatorship due to 
     significant

[[Page S7746]]

     losses arising from loans for which all payments of 
     principal, interest, and fees were current, according to the 
     contractual terms of the loans;
       (B) the impact of significant losses arising from loans for 
     which all payments of principal, interest, and fees were 
     current, according to the contractual terms of the loans, on 
     the ability of insured depository institutions to raise 
     additional capital;
       (C) the effect of changes in the application of fair value 
     accounting rules and other accounting standards, including 
     the allowance for loan and lease loss methodology, on insured 
     depository institutions, specifically the degree to which 
     fair value accounting rules and other accounting standards 
     have led to regulatory action against banks, including 
     consent orders and closure of the institution; and
       (D) whether field examiners are using appropriate appraisal 
     procedures with respect to losses arising from loans for 
     which all payments of principal, interest, and fees were 
     current, according to the contractual terms of the loans, and 
     whether the application of appraisals leads to immediate 
     write downs on the value of the underlying asset.

       On page 9, strike lines 15 through 19, and insert the 
     following:

     SEC. 2. CONGRESSIONAL TESTIMONY.

       The Inspector General of the Federal Deposit Insurance 
     Corporation and the Comptroller General of the United States 
     shall appear before the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives, not later than 150 
     days after the date of publication of the study required 
     under this Act to discuss the outcomes and impact of Federal 
     regulations on bank examinations and failures.
                                 ______
                                 
  SA 1128. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--
       (1) Repeal of 50 percent requirement.--Section 1414 of 
     title 10, United States Code, is amended by striking 
     paragraph (2) of subsection (a).
       (2) Computation.--Paragraph (1) of subsection (c) of such 
     section is amended by adding at the end the following new 
     subparagraph:
       ``(G) For a month for which the retiree receives veterans' 
     disability compensation for a disability rated as 40 percent 
     or less or has a service-connected disability rated as zero 
     percent, $0.''.
       (b) Clerical Amendments.--
       (1) The heading of section 1414 of such title is amended to 
     read as follows:

     ``Sec. 1414. Members eligible for retired pay who are also 
       eligible for veterans' disability compensation: concurrent 
       payment of retired pay and disability compensation''.

       (2) The item relating to such section in the table of 
     sections at the beginning of chapter 71 of such title is 
     amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2012, and shall apply to 
     payments for months beginning on or after that date.

     SEC. __. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section __(a), is 
     further amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2012, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 1129. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 2833. REDESIGNATION OF MIKE O'CALLAGHAN FEDERAL HOSPITAL 
                   IN NEVADA AS MIKE O'CALLAGHAN FEDERAL MEDICAL 
                   CENTER.

       (a) Redesignation.--Section 2867 of the Military 
     Construction Authorization Act for Fiscal Year 1997 (division 
     B of Public Law 104-201; 110 Stat. 2806), as amended by 
     section 8135(a) of the Department of Defense Appropriations 
     Act, 1997 (section 101(b) of division A of the Omnibus 
     Consolidated Appropriations Act, 1997 (Public Law 104-208; 
     110 Stat. 3009-118)), is further amended by striking ``Mike 
     O'Callaghan Federal Hospital'' each place it appears and 
     inserting ``Mike O'Callaghan Federal Medical Center''.
       (b) Conforming Amendment.--The heading of such section 2867 
     is amended to read as follows:

     ``SEC. 2867. MIKE O'CALLAGHAN FEDERAL MEDICAL CENTER.''.

                                 ______
                                 
  SA 1130. Mr. REID (for himself and Mr. Inhofe) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follow:

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

     SEC. 1088. FIRE SUPPRESSION AGENTS.

       Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is 
     amended--
       (1) in paragraph (2), by striking ``or'' at the end;
       (2) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(4) is listed as acceptable for use as a fire suppression 
     agent for nonresidential applications in accordance with 
     section 612(c).''.
                                 ______
                                 
  SA 1131. Mr. REID submitted an amendment to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

       At the appropriate place in title VI, insert the following:

     SEC. __. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 
                   SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
                   RETIREES.

       (a) In General.--Section 1413a(b)(3) of title 10, United 
     States Code, is amended by striking ``shall be reduced by the 
     amount (if any) by which the amount of the member's retired 
     pay under chapter 61 of this title exceeds'' both places it 
     appears and inserting ``may not, when combined with the 
     amount of retired pay payable to the retiree after any such 
     reduction under sections 5304 and 5305 of title 38, cause the 
     total of such combined payment to exceed''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2012, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 1132. Mr. McCAIN (for himself, Mr. Levin, and Ms. Ayotte) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follow:


[[Page S7747]]


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

     SEC. 1005. PLAN TO ENSURE AUDIT READINESS OF STATEMENTS OF 
                   BUDGETARY RESOURCES.

       (a) Planning Requirement.--The report to be issued pursuant 
     to section 1003(b) of the National Defense Authorization Act 
     for 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 
     note) and provided by not later than May 15, 2012, shall 
     include a plan, including interim objectives and a schedule 
     of milestones for each military department and for the 
     defense agencies, to ensure that the statement of budgetary 
     resources of the Department of Defense meets the goal 
     established by the Secretary of Defense of being validated 
     for audit by not later than September 30, 2014. Consistent 
     with the requirements of such section, the plan shall ensure 
     that the actions to be taken are systemically tied to process 
     and control improvements and business systems modernization 
     efforts necessary for the Department to prepare timely, 
     reliable, and complete financial management information on a 
     repeatable basis.
       (b) Semiannual Updates.--The reports to be issued pursuant 
     to such section after the report described in subsection (a) 
     shall update the plan required by such subsection and explain 
     how the Department has progressed toward meeting the 
     milestones established in the plan.
                                 ______
                                 
  SA 1133. Mr. BLUNT (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follow:

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

     SEC. ___. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL 
                   GUARD DUTY.

       (a) In General.--Section 4312(c)(4) of title 38, United 
     States Code, is amended--
       (1) in subparagraph (D), by striking ``or'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(F) ordered to full-time National Guard duty under the 
     provisions of section 502(f) of title 32 when the period of 
     duty is expressly designated in writing by the Secretary of 
     Defense as covered by this subparagraph.''.
       (b) Effective Date.--Subparagraph (F) of such section 
     4312(c)(4), as added by subsection (a)(3), shall apply with 
     respect to an individual ordered to full-time National Guard 
     duty under section 502(f) of title 32 of such Code, on or 
     after September 11, 2001, and shall entitle such individual 
     to rights and benefits under chapter 43 of title 38 of such 
     Code on or after that date.
                                 ______
                                 
  SA 1134. Mr. BLUNT submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 1024. REPORT ON POLICIES AND PRACTICES OF THE NAVY FOR 
                   NAMING THE VESSELS OF THE NAVY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the policies and 
     practices of the Navy for naming vessels of the Navy.
       (b) Elements.--The report required by subsection (a) shall 
     set forth the following:
       (1) A description of the current policies and practices of 
     the Navy for naming vessels of the Navy.
       (2) A description of the extent to which the policies and 
     practices described under paragraph (1) vary from historical 
     policies and practices of the Navy for naming vessels of the 
     Navy, and an explanation for such variances (if any).
       (3) An assessment of the feasibility and advisability of 
     establishing fixed policies for the naming of one or more 
     classes of vessels of the Navy, and a statement of the 
     policies recommended to apply to each class of vessels 
     recommended to be covered by such fixed policies if the 
     establishment of such fixed policies is considered feasible 
     and advisable.
       (4) Any other matters relating to the policies and 
     practices of the Navy for naming vessels of the Navy that the 
     Secretary of Defense considers appropriate.
                                 ______
                                 
  SA 1135. Ms. SNOWE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

       At the end of title XXVII, add the following:

     SEC. 2705. ENHANCED COMMISSARY STORES PILOT PROGRAM.

       (a) Authority To Operate Enhanced Commissary Stores.--
     Subchapter II of chapter 147 of title 10, United States Code, 
     is amended by inserting after section 2488 the following new 
     section:

     ``Sec. 2488a. Enhanced commissary stores

       ``(a) Authority To Operate.--The Defense Commissary Agency 
     may operate an enhanced commissary store at such military 
     installations designated for closure or adverse realignment 
     under a base closure law as the Defense Commissary Agency 
     considers to be appropriate.
       ``(b) Additional Categories of Merchandise.--(1) In 
     addition to selling items in the merchandise categories 
     specified in subsection (b) of section 2484 of this title in 
     the manner provided by such section, an enhanced commissary 
     store also may sell items in the following categories as 
     commissary merchandise:
       ``(A) Alcoholic beverages.
       ``(B) Tobacco products.
       ``(C) Items in such other merchandise categories (not 
     covered by subsection (b) of section 2484 of this title) as 
     the Secretary of Defense may authorize.
       ``(2) Subsections (c) and (g) of section 2484 of this title 
     shall not apply with regard to the selection, or method of 
     sale, of merchandise in the categories specified in 
     subparagraphs (A) and (B) of paragraph (1) or in any other 
     merchandise category authorized under subparagraph (C) of 
     such paragraph for sale in, at, or by an enhanced commissary 
     store.
       ``(c) Sales Price Establishment and Surcharge.--Subsections 
     (d) and (e) of section 2484 of this title shall not apply to 
     the pricing of merchandise in the categories specified in 
     subparagraphs (A) and (B) of paragraph (1) of subsection (b) 
     or in any other merchandise category authorized under 
     subparagraph (C) of such paragraph for sale in, at, or by an 
     enhanced commissary store. Instead, the Secretary of Defense 
     shall determine appropriate prices for such merchandise sold 
     in, at, or by an enhanced commissary store.
       ``(d) Retention and Use of Portion of Proceeds.--(1) The 
     Secretary of Defense may retain amounts equal to the 
     difference between--
       ``(A) the retail price of merchandise in the categories 
     specified in subparagraphs (A) and (B) of paragraph (1) of 
     subsection (b) and in other merchandise categories authorized 
     under subparagraph (C) of such paragraph for sale in, at, or 
     by an enhanced commissary store; and
       ``(B) the invoice cost of such merchandise.
       ``(2) The Secretary of Defense shall use amounts retained 
     under paragraph (1) for an enhanced commissary store to help 
     offset the operating costs of that enhanced commissary 
     store.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2488 the following new item:

``2488a. Enhanced commissary stores.''.
                                 ______
                                 
  SA 1136. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 1088. PROHIBITION ON ESTABLISHMENT OF HEADQUARTERS OF 
                   THE UNITED STATES AFRICA COMMAND (AFRICOM) 
                   OUTSIDE THE CONTINENTAL UNITED STATES.

       None of the amounts authorized to be appropriated by this 
     Act or authorized or appropriated by any other Act may be 
     used to establish the headquarters of the United States 
     Africa Command (AFRICOM) outside of the continental United 
     States.
                                 ______
                                 
  SA 1137. Mr. HELLER (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1088. RECOGNITION OF JERUSALEM AS THE CAPITAL OF ISRAEL 
                   AND RELOCATION OF THE UNITED STATES EMBASSY TO 
                   JERUSALEM.

       (a) Statement of Policy.--It is the policy of the United 
     States to recognize Jerusalem as the undivided capital of the 
     state of Israel, both de jure and de facto.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Jerusalem must remain an undivided city in which the 
     rights of every ethnic and

[[Page S7748]]

     religious group are protected as they have been by Israel 
     since 1967;
       (2) every citizen of Israel should have the right to reside 
     anywhere in the undivided city of Jerusalem;
       (3) the President and the Secretary of State should 
     publicly affirm as a matter of United States policy that 
     Jerusalem must remain the undivided capital of the State of 
     Israel;
       (4) the President should immediately implement the 
     provisions of the Jerusalem Embassy Act of 1995 (Public Law 
     104-45) and begin the process of relocating the United States 
     Embassy in Israel to Jerusalem; and
       (5) United States officials should refrain from any actions 
     that contradict United States law on this subject.
       (c) Amendment of Waiver Authority.--The Jerusalem Embassy 
     Act of 1995 (Public Law 104-45) is amended--
       (1) by striking section 7; and
       (2) by redesignating section 8 as section 7.
       (d) Identification of Jerusalem on Government Documents.--
     Notwithstanding any other provision of law, any official 
     document of the United States Government which lists 
     countries and their capital cities shall identify Jerusalem 
     as the capital of Israel.
                                 ______
                                 
  SA 1138. Mr. HELLER (for himself, Mr. Brown of Massachusetts, Mr. 
Boozman, Mr. Blumenthal, and Mr. Kerry) submitted an amendment intended 
to be proposed by him to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 1088. EXHUMATION AND TRANSFER OF REMAINS OF DECEASED 
                   MEMBERS OF THE ARMED FORCES BURIED IN TRIPOLI, 
                   LIBYA.

       (a) In General.--The Secretary of Defense shall take 
     whatever actions may be necessary to--
       (1) exhume the remains of any deceased members of the Armed 
     Forces of the United States buried at a burial site described 
     in subsection (b);
       (2) transfer such remains to an appropriate forensics 
     laboratory to be identified;
       (3) in the case of any remains that are identified, 
     transport the remains to a veterans cemetery located in 
     proximity, as determined by the Secretary, to the closest 
     living family member of the deceased individual or at another 
     cemetery as determined by the Secretary;
       (4) for any member of the Armed Forces whose remains are 
     identified, provide a military funeral and burial; and
       (5) in the case of any remains that cannot be identified, 
     transport the remains to Arlington National Cemetery for 
     interment at a an appropriate grave marker identifying the 
     United States Navy Sailors of the USS Intrepid who gave their 
     lives on September 4, 1804, in Tripoli, Libya.
       (b) Burial Sites Described.--The burial sites described in 
     this subsection are the following:
       (1) The mass burial site containing the remains of five 
     United States sailors located in Protestant Cemetery in 
     Tripoli, Libya.
       (2) The mass burial site containing the remains of eight 
     United States sailors located near the walls of the Tripoli 
     Castle in Tripoli, Libya.
       (c) Report.--Not later than 180 days after the effective 
     date of this section, the Secretary shall submit to Congress 
     a report describing the status of the actions under this 
     section. The report shall include an estimate of the date of 
     the completion of the actions undertaken, and to be 
     undertaken, under this section.
       (d) Effective Date.--This section takes effect on the date 
     on which Operation Unified Protector of the North Atlantic 
     Treaty Organization (NATO), or any successor operation, 
     terminates.
       (e) Available Funds.--The Secretary shall carry out this 
     section using amounts authorized to be appropriated for the 
     Department of Defense by Acts enacted before the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1139. Mr. CASEY (for himself and Mrs. McCaskill) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 889. SUBCONTRACTOR NOTIFICATIONS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended by adding at the end the following:
       ``(13) Notification Requirement.--An offeror with respect 
     to a contract let by a Federal agency that is to be awarded 
     pursuant to the negotiated method of procurement that intends 
     to identify a small business concern as a potential 
     subcontractor in the offer relating to the contract shall 
     notify the small business concern that the offeror intends to 
     identify the small business concern as a potential 
     subcontractor in the offer.
       ``(14) Reporting by Subcontractors.--The Administrator 
     shall establish a reporting mechanism that allows a 
     subcontractor to report fraudulent activity by a contractor 
     with respect to a subcontracting plan submitted to a 
     procurement authority under paragraph (4)(B).''.
                                 ______
                                 
  SA 1140. Mr. CASEY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) In General.--The Comptroller General of the United 
     States shall carry out a review of all current Department of 
     Defense military spouse employment programs.
       (b) Elements.--The review required by subsection (a) shall, 
     address, at a minimum, the following:
       (1) The efficacy and effectiveness of Department of Defense 
     military spouse employment programs.
       (2) All current Department programs to support military 
     spouses or dependents for the purposes of employment 
     assistance.
       (3) The types of military spouse employment programs that 
     have been considered or used in the past by the Department.
       (4) The ways in which military spouse employment programs 
     have changed in recent years.
       (5) The benefits or programs that are specifically 
     available to provide employment assistance to spouses of 
     members of the Armed Forces serving in Operation Iraqi 
     Freedom, Operation Enduring Freedom, or Operation New Dawn, 
     or any other contingency operation being conducted by the 
     Armed Forces as of the date of such review.
       (6) Existing mechanisms available to military spouses to 
     express their views on the effectiveness and future direction 
     of Department programs and policies on employment assistance 
     for military spouses.
       (7) The oversight provided by the Office of Personnel and 
     Management regarding preferences for military spouses in 
     Federal employment.
       (c) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Comptroller 
     General shall submit to the congressional defense committees 
     a report on the review carried out under subsection (a). The 
     report shall set forth the following:
       (1) The results of the review concerned.
       (2) Such clear and concrete metrics as the Comptroller 
     General considers appropriate for the current and future 
     evaluation and assessment of the efficacy and effectiveness 
     of Department of Defense military spouse employment programs.
       (3) A description of the assumptions utilized in the 
     review, and an assessment of the validity and completeness of 
     such assumptions.
       (4) Such recommendations as the Comptroller General 
     considers appropriate for improving Department of Defense 
     military spouse employment programs.
       (d) Department of Defense Report.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report setting forth the number (or a reasonable estimate 
     if a precise number is not available) of military spouses who 
     have obtained employment following participation in 
     Department of Defense military spouse employment programs. 
     The report shall set forth such number (or estimate) for the 
     Department of Defense military spouse employment programs as 
     a whole and for each such military spouse employment program.
                                 ______
                                 
  SA 1141. Mrs. BOXER (for herself and Mr. Burr) submitted an amendment 
intended to be proposed by her to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 714. FLEXIBLE SPENDING ARRANGEMENTS FOR HEALTH CARE AND 
                   DEPENDENT CARE FOR MEMBERS OF THE UNIFORMED 
                   SERVICES.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretaries concerned should implement flexible spending 
     arrangements for members of the uniformed services with 
     respect to basic pay and compensation for health care and 
     dependent care on a pre-

[[Page S7749]]

     tax basis in accordance with regulations prescribed under 
     sections 106(c) and 125 of the Internal Revenue Code of 1986.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     consultation with the other Secretaries concerned, submit to 
     Congress a report setting forth a plan to implement flexible 
     spending arrangements for members of the uniformed services 
     as described in subsection (a). The plan shall include the 
     following:
       (1) An identification of any obstacles to the 
     implementation of the plan, including a statement of any 
     additional authorities required for implementation of the 
     plan.
       (2) A schedule for completion of the implementation of the 
     plan.
       (3) An estimate of the costs to be associated with the 
     implementation of the plan.
       (c) Secretaries Concerned Defined.--In this section, the 
     term ``Secretaries concerned'' means the following:
       (1) The Secretary of Defense, with respect to members of 
     the Army, the Navy, the Marine Corps, and the Air Force.
       (2) The Secretary of Homeland Security, with respect to 
     members of the Coast Guard.
       (3) The Secretary of Health and Human Services, with 
     respect to commissioned officers of the Public Health 
     Service.
       (4) The Secretary of Commerce, with respect to commissioned 
     officers of the National Oceanic and Atmospheric 
     Administration.
                                 ______
                                 
  SA 1142. Mrs. BOXER (for herself, Mrs. Feinstein, and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed by her to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. DESIGNATION OF DISTINGUISHED FLYING CROSS NATIONAL 
                   MEMORIAL IN RIVERSIDE, CALIFORNIA.

       (a) Designation.--The memorial to members of the Armed 
     Forces who have been awarded the Distinguished Flying Cross 
     at March Field Air Museum in Riverside, California, is 
     designated as the ``Distinguished Flying Cross National 
     Memorial''.
       (b) Effect of Designation.--The national memorial 
     designated by this section is not a unit of the National Park 
     System, and the designation of the national memorial shall 
     not be construed to require or permit Federal funds to be 
     expended for any purpose related to the national memorial.
                                 ______
                                 
  SA 1143. Mrs. HAGAN (for herself and Mr. Portman) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1080. COMPTROLLER GENERAL REVIEW OF MEDICAL RESEARCH AND 
                   DEVELOPMENT RELATING TO IMPROVED COMBAT 
                   CASUALTY CARE.

       (a) Study Required.--The Comptroller General of the United 
     States shall conduct a review of Department of Defense 
     programs and organizations related to, and resourcing of, 
     medical research and development in support of improved 
     combat casualty care designed to save lives on the 
     battlefield.
       (b) Report.--Not later than January 1, 2013, the 
     Comptroller General shall submit to the congressional defense 
     committees a report on the review conducted under subsection 
     (a), including the following elements:
       (1) A description of current medical combat casualty care 
     research and development programs throughout the Department 
     of Defense, including basic and applied medical research, 
     technology development, and clinical research.
       (2) An identification of organizational elements within the 
     Department that have responsibility for planning and 
     oversight of combat casualty care research and development.
       (3) A description of the means by which the Department 
     applies combat casualty care research findings, including 
     development of new medical devices, to improve battlefield 
     care.
       (4) An assessment of the adequacy of the coordination by 
     the Department of planning for combat casualty care medical 
     research and development and whether or not the Department 
     has a coordinated combat casualty care research and 
     development strategy.
       (5) An assessment of the adequacy of resources provided for 
     combat casualty care research and development across the 
     Department.
       (6) An assessment of the programmatic, organizational, and 
     resource challenges and gaps faced by the Department in 
     optimizing investments in combat casualty care medical 
     research and development in order to save lives on the 
     battlefield.
       (7) The extent to which the Department utilizes expertise 
     from experts and entities outside the Department with 
     expertise in combat casualty care medical research and 
     development.
       (8) An assessment of the challenges faced in rapidly 
     applying research findings and technology developments to 
     improved battlefield care.
       (9) Recommendations regarding--
       (A) the need for a coordinated combat casualty care medical 
     research and development strategy;
       (B) organizational obstacles or realignments to improve 
     effectiveness of combat casualty care medical research and 
     development; and
       (C) adequacy of resource support.
                                 ______
                                 
  SA 1144. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of section 4001, add the following:
       (d) Reduction of Authorizations of Appropriations Exceeding 
     Level Requested in President's Budget and Partial Restoration 
     of Operation and Maintenance Accounts.--Notwithstanding the 
     amounts specified in the funding tables in titles XLI through 
     XLVI, the amounts specified in the funding tables for 
     sections 4101, 4102, 4201, 4202, 4301, 4302, 4401, 4402, 
     4501, and 4601 for purposes of sections 101, 201, 301, 1401, 
     1402, 1403, 1404, 1405, 1406, 1431, 1506, 1507, 1508, 1509, 
     2003, 3101, 3102, and 3103, are as follows:
                                 ______
                                 
  SA 1145. Mr. TESTER (for himself, Mrs. Hutchison, and Mr. Conrad) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY 
                   STRUCTURE OF THE UNITED STATES.

       (a) In General.--
       (1) Establishment.--There is established the Commission on 
     the Review of the Overseas Military Facility Structure of the 
     United States (in this section referred to as the 
     ``Commission'').
       (2) Composition.--
       (A) In general.--The Commission shall be composed of eight 
     members of whom--
       (i) two shall be appointed by the Majority Leader of the 
     Senate;
       (ii) two shall be appointed by the Minority Leader of the 
     Senate;
       (iii) two shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) two shall be appointed by the Minority Leader of the 
     House of Representatives.
       (B) Qualifications.--Individuals appointed to the 
     Commission shall have significant experience in the national 
     security or foreign policy of the United States.
       (C) Deadline for appointment.--Appointments of the members 
     of the Commission shall be made not later than 45 days after 
     the date of the enactment of this Act.
       (D) Chairman and vice chairman.--The Commission shall 
     select a Chairman and Vice Chairman from among it members.
       (3) Tenure; vacancies.--Members shall be appointed for the 
     life of the Commission. Any vacancy in the Commission shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (B) Calling of the chairman.--The Commission shall meet at 
     the call of the Chairman.
       (C) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (b) Duties.--
       (1) Study of overseas military facility structure.--
       (A) In general.--The Commission shall conduct a thorough 
     study of matters relating to the military facility structure 
     of the United States overseas.
       (B) Scope.--In conducting the study, the Commission shall--
       (i) assess the number of forces required to be forward 
     based outside the United States;
       (ii) examine the current state of the military facilities 
     and training ranges of the United States overseas for all 
     permanent stations and deployed locations, including the 
     condition of land and improvements at

[[Page S7750]]

     such facilities and ranges and the availability of additional 
     land, if required, for such facilities and ranges;
       (iii) identify the amounts received by the United States, 
     whether in direct payments, in-kind contributions, or 
     otherwise, from foreign countries by reason of military 
     facilities of the United States overseas;
       (iv) assess the feasibility and advisability of the closure 
     or realignment of military facilities of the United States 
     overseas, or of the establishment of new military facilities 
     of the United States overseas;
       (v) consider the findings of the February 2011 Government 
     Accountability Office report, ``Additional Cost Information 
     and Stakeholder Input Necessary to Assess Military Posture in 
     Europe'', GAO-11-131; and
       (vi) consider or assess any other issue relating to 
     military facilities of the United States overseas that the 
     Commission considers appropriate.
       (2) Report.--
       (A) In general.--Not later than 60 days after holding its 
     final public hearing, the Commission shall submit to the 
     President and Congress a report which shall contain a 
     detailed statement of the findings and conclusions of the 
     Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate.
       (B) Proposed overseas basing strategy.--In addition to the 
     matters specified in subparagraph (A), the report shall also 
     include a proposal by the Commission for an overseas basing 
     strategy for the Department of Defense in order to meet the 
     current and future mission of the Department, taking into 
     account heightened fiscal constraints.
       (C) Focus on particular issues.--The report shall focus on 
     current and future geopolitical posturing, operational 
     requirements, mobility, quality of life, cost, and 
     synchronization with the combatant commands.
       (c) Powers.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information sharing.--The Commission may secure 
     directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this section. Upon request of the Chairman of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (3) Administrative support.--Upon request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support necessary for the Commission to carry 
     out its duties under this section.
       (4) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (5) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission under this section. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel.--
       (A) Expenses.--Members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Commission under this 
     section.
       (B) Military aircraft.--Members and staff of the Commission 
     may receive transportation on military aircraft to and from 
     the United States, and overseas, for purposes of the 
     performance of the duties of the Commission to the extent 
     that such transportation will not interfere with the 
     requirements of military operations.
       (3) Staffing.--
       (A) Executive director.--The Chairman of the Commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as may be necessary to enable 
     the Commission to perform its duties under this section. The 
     employment of an executive director shall be subject to 
     confirmation by the Commission.
       (B) Staff.--The Commission may employ a staff to assist the 
     Commission in carrying out its duties. The total number of 
     the staff of the Commission, including an executive director 
     under subparagraph (A), may not exceed 12.
       (C) Compensation.--The Chairman of the Commission may fix 
     the compensation of the executive director and other 
     personnel without regard to chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (4) Details.--Any employee of the Department of Defense, 
     the Department of State, or the Government Accountability 
     Office may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Temporary and intermittent services.--The Chairman of 
     the Commission may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.
       (e) Security.--
       (1) Security clearances.--Members and staff of the 
     Commission, and any experts and consultants to the 
     Commission, shall possess security clearances appropriate for 
     their duties with the Commission under this section.
       (2) Information security.--The Secretary of Defense shall 
     assume responsibility for the handling and disposition of any 
     information relating to the national security of the United 
     States that is received, considered, or used by the 
     Commission under this section.
       (f) Termination.--The Commission shall terminate 45 days 
     after the date on which the Commission submits its report 
     under subsection (b).
                                 ______
                                 
  SA 1146. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 114, strike line 2 and insert the following:

     the study, and
       (8) ensure the involvement and input of military 
     technicians (dual status), including through their exclusive 
     representatives in the case of military technicians (dual 
     status) who are members of a collective bargaining unit.
                                 ______
                                 
  SA 1147. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 515. PROHIBITION ON REPAYMENT OF ENLISTMENT OR RELATED 
                   BONUSES BY CERTAIN INDIVIDUALS EMPLOYED AS 
                   MILITARY TECHNICIANS (DUAL STATUS) WHILE 
                   ALREADY A MEMBER OF A RESERVE COMPONENT.

       (a) Prohibition.--Section 10216 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) Prohibition on Repayment of Certain Enlistment and 
     Related Bonuses.--The Secretary concerned may not require an 
     individual who becomes employed as a military technician 
     (dual status) while the individual is already a member of a 
     reserve component to repay an enlistment, reenlistment, or 
     affiliation bonus provided to the individual in connection 
     with the individual's enlistment or reenlistment before such 
     employment if the individual becomes so employed in the same 
     occupational specialty for which such bonus was provided.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and shall apply with respect to individuals first becoming 
     employed as a military technician (dual status) on or after 
     that date.
                                 ______
                                 
  SA 1148. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 515. RIGHTS OF GRIEVANCE, ARBITRATION, APPEAL, AND 
                   REVIEW BEYOND THE ADJUTANT GENERAL FOR MILITARY 
                   TECHNICIANS.

       (a) Rights in Adverse Actions Not Related to Military 
     Service.--Section 709 of title 32, United States Code, is 
     amended--
       (1) in subsection (f)--
       (A) in the matter preceding paragraph (1), by striking 
     ``Notwithstanding any other provision of law and under'' and 
     inserting ``Under''; and

[[Page S7751]]

       (B) in paragraph (4), by striking ``a right of appeal'' and 
     inserting ``subject to subsection (j), a right of appeal''; 
     and
       (2) by adding at the end the following new subsection:
       ``(j)(1) Notwithstanding subsection (f)(4) or any other 
     provision of law, a technician and a labor organization that 
     is the exclusive representative of a bargaining unit 
     including the technician shall have the rights of grievance, 
     arbitration, appeal, and review extending beyond the adjutant 
     general of the jurisdiction concerned and to the Merit 
     Systems Protection Board and thereafter to the United States 
     Court of Appeals for the Federal Circuit, in the same manner 
     as provided in sections 4303, 7121, and 7701-7703 of title 5, 
     with respect to a performance-based or adverse action 
     imposing removal, suspension for more than 14 days, furlough 
     for 30 days or less, or reduction in pay or pay band (or 
     comparable reduction).
       ``(2) The rights in paragraph (1) shall not apply to 
     actions relating to military service.
       ``(3) This subsection does not apply to a technician who is 
     serving under a temporary appointment or in a trial or 
     probationary period.''.
       (b) Adverse Actions Covered.--Subsection (g) of such 
     section is amended by striking ``, 3502, 7511, and 7512'' and 
     inserting ``and 3502''.
       (c) Conforming Amendment.--Section 7511(b) of title 5, 
     United States Code, is amended--
       (1) by striking paragraph (5); and
       (2) by redesignating paragraphs (6) through (10) as 
     paragraphs (5) through (9), respectively.
                                 ______
                                 
  SA 1149. Mr. BEGICH (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

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

       (a) Conveyances Authorized.--
       (1) In general.--In an effort to reduce Federal expenses, 
     resolve evolving land use conflicts, and maximize the 
     beneficial use of real property resources by and between 
     Joint Base Elmendorf Richardson (in this section referred to 
     as the ``JBER''); the Municipality of Anchorage, an Alaska 
     municipal corporation (in this section referred to as the 
     ``Municipality''); and Eklutna, Inc., an Alaska Native 
     village corporation organized pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.) (in this 
     section referred to as ``Eklutna''), the following 
     conveyances are authorized:
       (A) The Secretary of the Air Force may, in consultation 
     with the Secretary of the Interior, convey to the 
     Municipality all right, title, and interest of the United 
     States in and to all or any part of a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 220 acres at JBER situated to the west of and 
     adjacent to the Anchorage Regional Landfill in Anchorage, 
     Alaska, for solid waste management purposes, including 
     reclamation thereof, and for alternative energy production, 
     and other related activities. This authority may not be 
     exercised unless and until the March 15, 1982, North 
     Anchorage Land Agreement is amended by the parties thereto to 
     specifically permit the conveyance under this subparagraph.
       (B) The Secretary of the Air Force may, in consultation 
     with the Secretary of the Interior, upon terms mutually 
     agreeable to the Secretary of the Air Force and Eklutna, 
     convey to Eklutna all right, title, and interest of the 
     United States in and to all or any part of a parcel of real 
     property, including any improvements thereon, consisting of 
     approximately 130 acres situated on the northeast corner of 
     the Glenn Highway and Boniface Parkway in Anchorage, Alaska, 
     or such other property as may be identified in consultation 
     with the Secretary of the Interior, for any use compatible 
     with JBER's current and reasonably foreseeable mission as 
     determined by the Secretary of the Air Force.
       (2) Right to withhold transfer.--The Secretary may withhold 
     transfer of any portion of the real property described in 
     paragraph (1) based on public interest or military mission 
     requirements.
       (b) Transfer of Administrative Control.--
       (1) Real property actions.--The Secretary of the Interior 
     shall complete any real property actions necessary to allow 
     the Secretary of the Air Force to convey property under this 
     section.
       (2) Administrative jurisdiction.--The Secretary of 
     Interior, acting through the Bureau of Land Management, 
     shall, upon request from the Secretary of the Air Force, 
     transfer administrative jurisdiction over any requested 
     parcel of property to the Secretary of the Air Force for 
     purposes of carrying out the conveyances authorized under 
     subsection (a).
       (c) Consideration.--
       (1) Municipality property.--As consideration for the 
     conveyance under subsection (a)(1), the Secretary of the Air 
     Force may receive in-kind solid waste management services at 
     the Anchorage Regional Landfill, and such other consideration 
     as determined satisfactory by the Secretary.
       (2) Eklutna property.--As consideration for the conveyance 
     under subsection (a)(2), the Secretary of the Air Force is 
     authorized to receive, upon terms mutually agreeable to the 
     Secretary and Eklutna, such interests in the surface estate 
     of real property owned by Eklutna and situated at the 
     northeast boundary of JBER and other consideration as 
     considered satisfactory by the Secretary.
       (d) Responsibility for Environmental Cleanup.--The 
     Secretary of the Air Force shall retain liability under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.), and any other 
     applicable environmental statute or regulation, for any 
     environmental hazard on the properties conveyed under 
     subsection (a) as of the date or dates of conveyance, unless 
     such liability is conveyed in consideration for the exchanged 
     property.
       (e) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     Municipality and Eklutna to reimburse the Secretary to cover 
     costs (except costs for environmental remediation of the 
     property) to be incurred by the Secretary, or to reimburse 
     the Secretary for costs incurred by the Secretary, to carry 
     out the conveyances under subsection (a), including survey 
     costs, costs for environmental documentation, and any other 
     administrative costs related to the conveyance.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover those costs incurred 
     by the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (f) Treatment of Cash Consideration Received.--Any cash 
     payment received by the United States as consideration for 
     the conveyances under subsection (a) shall be deposited in 
     the special account in the Treasury established under 
     subsection (b) of section 572 of title 40, United States 
     Code, and shall be available in accordance with paragraph 
     (5)(B) of such subsection.
       (g) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) and of the real property interests to be 
     acquired under subsection (b) shall be determined by surveys 
     satisfactory to the Secretary.
       (h) Other or Additional Terms and Conditions.--The 
     Secretary may require such additional terms and conditions in 
     connection with the conveyances under subsection (a) as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
                                 ______
                                 
  SA 1150. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. IMPROVEMENTS TO STAFF CONFERENCES DIRECTED BY 
                   UNITED STATES COURT OF APPEALS FOR VETERANS 
                   CLAIMS.

       (a) In General.--Subchapter II of chapter 72 of title 38, 
     United States Code, is amended by inserting after section 
     7264 the following new section:

     ``Sec. 7264A. Staff conferences

       ``(a) Filing of Report Describing Basis for Opposition by 
     Secretary to Remand.--If the Court of Appeals for Veterans 
     Claims directs the representatives and self-represented 
     parties to participate in a staff conference pursuant to rule 
     33 of the Rules of Practice and Procedure of the Court of 
     Appeals for Veterans Claims, or any corresponding similar 
     rule, and an agreement to remand the matter has not been 
     reached before the end of such conference, the Secretary 
     shall, not later than seven days after the end of such 
     conference, submit to the Court and the appellant a written 
     report describing the basis upon which the Secretary remains 
     opposed to remand.
       ``(b) Subsequent Determination by Secretary of Need for 
     Remand.--If the Secretary submits a written report as 
     described in subsection (a) in a matter, the Secretary may 
     not seek a remand of the matter without the agreement of the 
     appellant.
       ``(c) Effect of Subsequent Determination of Need for 
     Remand.--Any period during which the Court is considering a 
     motion made or during which a matter is remanded in 
     accordance with subsection (b) shall not be counted against 
     an appellant for purposes of any time limitation under this 
     chapter or the Rules of Practice and Procedure of the Court 
     of Appeals for Veterans Claims.
       ``(d) Prohibition on Objection or Opposition to Subsequent 
     Filings for Fees and Other Expenses.--If the Secretary seeks 
     a remand after the end of the seven-day period described in 
     subsection (a), the Secretary may not oppose any subsequent 
     filing by the

[[Page S7752]]

     appellant for fees and other expenses under section 2412 of 
     title 28.
       ``(e) Sanctions.--If the Secretary fails to comply with 
     this section, the Court may impose on the Secretary such 
     sanctions, including monetary sanctions, as the Court 
     considers appropriate.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 72 of such title is amended by inserting 
     after the item relating to section 7264 the following new 
     item:

``7264A. Staff conferences.''.
                                 ______
                                 
  SA 1151. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. DEATH GRATUITY AND RELATED BENEFITS FOR RESERVES 
                   WHO DIE DURING AN AUTHORIZED STAY AT THEIR 
                   RESIDENCE DURING OR BETWEEN SUCCESSIVE DAYS OF 
                   INACTIVE DUTY TRAINING.

       (a) Death Gratuity.--
       (1) Payment authorized.--Section 1475(a)(3) of title 10, 
     United States Code, is amended by inserting before the 
     semicolon the following: ``or while staying at the Reserve's 
     residence, when so authorized by proper authority, during the 
     period of such inactive duty training or between successive 
     days of inactive duty training''.
       (2) Treatment as death during inactive duty training.--
     Section 1478(a) of such title is amended--
       (A) by redesignating paragraphs (4) through (8) as 
     paragraphs (5) through (9), respectively; and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) A person covered by subsection (a)(3) of section 1475 
     of this title who died while on authorized stay at the 
     person's residence during a period of inactive duty training 
     or between successive days of inactive duty training is 
     considered to have been on inactive duty training on the date 
     of his death.''.
       (b) Recovery, Care, and Disposition of Remains and Related 
     Benefits.--Section 1481(a)(2) of such title is amended--
       (1) by redesignating subparagraph (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following new 
     subparagraph (E):
       ``(E) staying at the member's residence, when so authorized 
     by proper authority, during a period of inactive duty 
     training or between successive days of inactive duty 
     training;''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2010, and shall apply with 
     respect to deaths that occur on or after that date.
                                 ______
                                 
  SA 1152. Mr. PRYOR (for himself, Mr. Boozman, Mr. Crapo, Mr. 
Grassley, Mr. Johnson of South Dakota, Ms. Klobuchar, Mr. Leahy, Mr. 
Sessions, Mrs. Shaheen, Ms. Snowe, Mr. Tester, Mr. Thune, and Mr. 
Wyden) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN 
                   MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
                   FORCES AS VETERANS.

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

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

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

``107A. Honoring as veterans certain persons who performed service in 
              the reserve components.''.
                                 ______
                                 
  SA 1153. Mr. UDALL of New Mexico (for himself, Mr. Heller, Mr. 
Bingaman, Mrs. Gillibrand, and Mrs. Feinstein) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1088. INCLUSION OF ULTRALIGHT VEHICLES IN DEFINITION OF 
                   AIRCRAFT FOR CERTAIN AVIATION SMUGGLING 
                   PROVISIONS.

       (a) Amendments to the Aviation Smuggling Provisions of the 
     Tariff Act of 1930.--
       (1) In general.--Section 590 of the Tariff Act of 1930 (19 
     U.S.C. 1590) is amended--
       (A) by redesignating subsection (g) as subsection (h); and
       (B) by inserting after subsection (f) the following:
       ``(g) Definition of Aircraft.--As used in this section, the 
     term `aircraft' includes an ultralight vehicle, as defined by 
     the Administrator of the Federal Aviation Administration.''.
       (2) Criminal penalties.--Subsection (d) of section 590 of 
     the Tariff Act of 1930 (19 U.S.C. 1590(d)) is amended in the 
     matter preceding paragraph (1) by inserting ``, or attempts 
     or conspires to commit,'' after ``commits''.
       (3) Effective date.--The amendments made by this subsection 
     apply with respect to violations of any provision of section 
     590 of the Tariff Act of 1930 on or after the 30th day after 
     the date of the enactment of this Act.
       (b) Interagency Collaboration.--The Assistant Secretary of 
     Defense for Research and Engineering shall, in consultation 
     with the Under Secretary for Science and Technology of the 
     Department of Homeland Security, identify equipment and 
     technology used by the Department of Defense that could also 
     be used by U.S. Customs and Border Protection to detect and 
     track the illicit use of ultralight aircraft near the 
     international border between the United States and Mexico.
                                 ______
                                 
  SA 1154. Mr. UDALL of New Mexico (for himself, Mr. Corker, Mrs. 
McCaskill, Mr. Bingaman, and Mr. Alexander, Mr. Nelson of Florida, and 
Mr. Udall of Colorado) submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall--
       (1) establish and maintain an open burn pit registry for 
     eligible individuals who may have been exposed to toxic 
     chemicals and fumes caused by open burn pits;
       (2) include any information in such registry that the 
     Secretary of Veterans Affairs determines necessary to 
     ascertain and monitor the health effects of the exposure of 
     members of the Armed Forces to toxic chemicals and fumes 
     caused by open burn pits;
       (3) develop a public information campaign to inform 
     eligible individuals about the open burn pit registry, 
     including how to register and the benefits of registering; 
     and
       (4) periodically notify eligible individuals of significant 
     developments in the study and treatment of conditions 
     associated with exposure to toxic chemicals and fumes caused 
     by open burn pits.
       (b) Report to Congress.--
       (1) Report by independent scientific organization.--The 
     Secretary of Veterans Affairs shall enter into an agreement 
     with an independent scientific organization to develop a 
     report containing the following:
       (A) An assessment of the effectiveness of actions taken by 
     the Secretary to collect and maintain information on the 
     health effects of exposure to toxic chemicals and fumes 
     caused by open burn pits.
       (B) Recommendations to improve the collection and 
     maintenance of such information.
       (C) Using established and previously published 
     epidemiological studies, recommendations regarding the most 
     effective and prudent means of addressing the medical needs 
     of eligible individuals with respect to conditions that are 
     likely to result from exposure to open burn pits.
       (2) Submittal to congress.--Not later than 540 days after 
     the date on which the registry required by subsection (a) is 
     established, the Secretary of Veterans Affairs shall submit 
     to Congress the report developed under paragraph (1).
       (c) Definitions.--In this section:
       (1) Eligible individual.--The term ``eligible individual'' 
     means any individual who, on or after September 11, 2001--
       (A) was deployed in support of a contingency operation 
     while serving in the Armed Forces; and
       (B) during such deployment, was based or stationed at a 
     location where an open burn pit was used.

[[Page S7753]]

       (2) Open burn pit.--The term ``open burn pit'' means an 
     area of land located in Afghanistan or Iraq that--
       (A) is designated by the Secretary of Defense to be used 
     for disposing solid waste by burning in the outdoor air; and
       (B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.
                                 ______
                                 
  SA 1155. Ms. COLLINS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

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

       (a) In General.--In accordance with guidance issued by the 
     Secretary of Defense for purposes of this section, assistance 
     under the Armed Forces Health Professions Scholarship program 
     under subchapter I of chapter 105 of title 10, United States 
     Code, shall be available for pursuit of a master's degree and 
     a doctoral degree in the disciplines as follows:
       (1) Physical therapy.
       (2) Occupational therapy.
       (b) Termination.--The guidance under subsection (a) shall 
     provide that the availability of assistance as described in 
     that subsection for pursuit of a degree in a discipline 
     covered by that subsection shall cease when the Secretary 
     certifies to Congress that there no longer exists a current 
     or projected shortfall in qualified personnel in that 
     discipline in either of the following:
       (1) The military departments.
       (2) Any major military medical treatment facility 
     specializing in the rehabilitation of wounded members of the 
     Armed Forces.
                                 ______
                                 
  SA 1156. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 331(a), strike paragraph (2) and insert the 
     following:
       (2) Consultation.--The Secretary of the Air Force shall, in 
     conducting the study required under paragraph (1)--
       (A) consult with the Secretaries of the other military 
     departments to determine opportunities for joint use and 
     training of the ranges, and to assess the requirements needed 
     to support combined arms training on the ranges;
       (B) consult with the Department of the Interior, the 
     Department of Agriculture, the Federal Aviation 
     Administration, the Federal Energy Regulation Commission, and 
     the Department of Energy to assess the need for transfers of 
     administrative control of certain parcels of airspace and 
     land to the Department of Defense to protect the missions and 
     control of the ranges;
       (C) consult with Governors, State legislators, and locally 
     elected officials;
       (D) consult with the RAND Corporation concerning the RAND 
     Project Air Force report entitled, ``Preserving Range and 
     Airspace Access for the Air Force Mission: Striving for a 
     Strategic Vantage Point''; and
       (E) consult with United State allies currently training at 
     United States test and training ranges on a regular basis, at 
     least annually, to solicit their input and assessment of 
     their experiences at those test and training ranges.
                                 ______
                                 
  SA 1157. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 331(b)(2), strike subparagraphs (K) and (L) and 
     insert the following:
       (K) identify parcels with no value to future military 
     operations;
       (L) propose a list of prioritized projects, easements, 
     acquisitions, or other actions, including estimated costs 
     required to upgrade the test and training range 
     infrastructure, taking into consideration the criteria set 
     forth in this paragraph; and
       (M) explore opportunities to increase foreign military 
     training with United States allies at test and training 
     ranges in the continental United States, and articulate the 
     prospects for realizing those opportunities.
                                 ______
                                 
  SA 1158. Ms. COLLINS (for herself, Mr. Begich, and Mr. Manchin) 
submitted an amendment intended to be proposed by her to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       On page 367, strike line 11 and all that follows though 
     ``Guantanamo'' on line 18 and insert the following:
       (c) Permanent Prohibition in Cases of Prior Confirmed 
     Recidivism.--
       (1) Permanent prohibition.--Except as provided in paragraph 
     (2) and subject to subsection (d), the Secretary of Defense 
     may not use any amounts authorized to be appropriated or 
     otherwise made available to the Department of Defense for any 
     fiscal year to transfer an individual detained at Guantanamo
                                 ______
                                 
  SA 1159. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SECTION 1088. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
                   PROVISIONS OF TITLE 18.

       Chapter 44 of title 18, United States Code, is amended--
       (1) in section 926B--
       (A) in subsection (c)(1), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest''; and
       (B) in subsection (f), by inserting ``or apprehension under 
     section 807(b) of title 10, United States Code (article 7(b) 
     of the Uniform Code of Military Justice)'' after ``arrest''; 
     and
       (2) in section 926C(c)(2), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest''.
                                 ______
                                 
  SA 1160. Mr. WYDEN (for himself and Mr. Merkley) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XXVII, add the following:

     SEC. 2705. CLOSURE OF UMATILLA CHEMICAL DEPOT, OREGON.

       (a) In General.--Notwithstanding any other provision of 
     law, the Secretary of the Army shall close Umatilla Chemical 
     Depot, Oregon, not later than one year after the completion 
     of the chemical demilitarization mission in accordance with 
     the Chemical Weapons Convention Treaty.
       (b) BRAC Procedures and Authorities.--The closure of the 
     Umatilla Chemical Depot, Oregon, and subsequent management 
     and property disposal shall be carried out in accordance with 
     procedures and authorities contained in the Defense Base 
     Closure and Realignment Act of 1990 (part A of title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       (c) Compliance With Environmental Laws.--Nothing in this 
     section shall be construed to affect or limit the application 
     of, or any obligation to comply with, any environmental law, 
     including the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       (d) Retention of Property and Facilities.--The Secretary of 
     the Army may retain minimum essential ranges, facilities, and 
     training areas at Umatilla Chemical Depot totaling 
     approximately 7,500 acres as a training enclave for the 
     reserve components of the Armed Forces to permit the conduct 
     of individual and annual training.
                                 ______
                                 
  SA 1161. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. CORE CURRICULUM AND CERTIFICATION STANDARDS FOR 
                   DEPARTMENT OF DEFENSE ENERGY MANAGERS.

       (a) Training Program and Issuance of Guidance.--

[[Page S7754]]

       (1) In general.--Subchapter I of chapter 173 of title 10, 
     United States Code, is amended by inserting after section 
     2915 the following new section:

     ``Sec. 2915a. Facilities: Department of Defense energy 
       managers

       ``(a) Training Program Required.--The Secretary of Defense 
     shall establish a training program for Department of Defense 
     energy managers designated for military installations--
       ``(1) to improve the knowledge, skills, and abilities of 
     energy managers; and
       ``(2) to improve consistency among energy managers 
     throughout the Department in the performance of their 
     responsibilities.
       ``(b) Curriculum and Certification.--(1) The Secretary of 
     Defense shall identify core curriculum and certification 
     standards required for energy managers. At a minimum, the 
     curriculum shall include the following:
       ``(A) Details of the energy laws that the Department of 
     Defense is obligated to comply with and the mandates that the 
     Department of Defense is obligated to implement.
       ``(B) Details of energy contracting options for third-party 
     financing of facility energy projects.
       ``(C) Details of the interaction of Federal laws with State 
     and local renewable portfolio standards.
       ``(D) Details of current renewable energy technology 
     options, and lessons learned from exemplary installations.
       ``(E) Details of strategies to improve individual 
     installation acceptance of its responsibility for reducing 
     energy consumption.
       ``(F) Details of how to conduct an energy audit and the 
     responsibilities for commissioning, recommissioning, and 
     continuous commissioning of facilities.
       ``(2) The curriculum and certification standards shall 
     leverage the best practices of each of the military 
     departments.
       ``(3) The certification standards shall identify 
     professional qualifications required to be designated as an 
     energy manager.
       ``(c) Information Sharing.--The Secretary of Defense shall 
     ensure that there are opportunities and forums for energy 
     managers to exchange ideas and lessons-learned within each 
     military department, as well as across the Department of 
     Defense.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2915 the following new item:

``2915a. Facilities: Department of Defense energy managers.''.
       (b) Issuance of Guidance.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense shall issue guidance for the implementation of the 
     core curriculum and certification standards for energy 
     managers required by section 2915a of title 10, United States 
     Code, as added by subsection (a).
       (c) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense, or designated representatives of the Secretary, 
     shall brief the Committees on Armed Services of the Senate 
     and House of Representatives regarding the details of the 
     energy manager core curriculum and certification 
     requirements.
                                 ______
                                 
  SA 1162. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RELIABILITY IN 
                   DEVELOPMENT AND IMPLEMENTATION OF ENERGY 
                   PERFORMANCE GOALS.

       Section 2911(c) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(12) Opportunities to enhance energy security and 
     reliability of defense facilities and missions, including 
     through the ability to operate for extended periods off-
     grid.''.
                                 ______
                                 
  SA 1163. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. IDENTIFICATION OF ENERGY-EFFICIENT PRODUCTS FOR USE 
                   IN CONSTRUCTION, REPAIR, OR RENOVATION OF 
                   DEPARTMENT OF DEFENSE FACILITIES.

       (a) Responsibility of Secretary of Defense.--Section 
     2915(e) of title 10, United States Code, is amended by 
     striking paragraph (2) and inserting the following new 
     paragraph:
       ``(2)(A) The Secretary of Defense shall prescribe a 
     definition of the term `energy-efficient product' for 
     purposes of this subsection and establish and maintain a list 
     of products satisfying the definition. The definition and 
     list shall be developed in consultation with the Secretary of 
     Energy to ensure, to the maximum extent practicable, 
     consistency with definitions of the term used by other 
     Federal agencies.
       ``(B) The Secretary shall modify the definition and list of 
     energy-efficient products as necessary to account for 
     emerging or changing technologies.
       ``(C) The list of energy-efficient products shall be 
     included as part of the energy performance master plan 
     developed pursuant to section 2911(b)(2) of this title.''.
       (b) Conforming Amendment to Energy Performance Master 
     Plan.--Section 2911(b)(2) of such title is amended by adding 
     at the end the following new subparagraph:
       ``(F) The up-to date list of energy-efficient products 
     maintained under section 2915(e)(2) of this title.''.
                                 ______
                                 
  SA 1164. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. ACQUISITION AND PROCUREMENT EXCHANGES BETWEEN THE 
                   UNITED STATES AND INDIA.

       The Secretary of Defense should seek to establish exchanges 
     between acquisition and procurement officials of the 
     Department of Defense and defense officials of the Government 
     of India to increase mutual understanding regarding best 
     practices in defense acquisition.
                                 ______
                                 
  SA 1165. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. SENSE OF CONGRESS ON USE OF MODELING AND SIMULATION 
                   IN DEPARTMENT OF DEFENSE ACTIVITIES.

       It is the sense of Congress to encourage the Department of 
     Defense to continue the use and enhancement of modeling and 
     simulation (M&S) across the spectrum of defense activities, 
     including acquisition, analysis, experimentation, 
     intelligence, planning, medical, test and evaluation, and 
     training.
                                 ______
                                 
  SA 1166. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. SENSE OF CONGRESS ON TIES BETWEEN JOINT WARFIGHTING 
                   AND COALITION CENTER AND ALLIED COMMAND 
                   TRANSFORMATION OF NATO.

       It is the sense of Congress that the successor organization 
     to the United States Joint Forces Command (USJFCOM), the 
     Joint Warfighting and Coalition Center, should establish 
     close ties with the Allied Command Transformation (ACT) 
     command of the North Atlantic Treaty Organization (NATO).
                                 ______
                                 
  SA 1167. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. REPORT ON EFFECTS OF PLANNED REDUCTIONS OF 
                   PERSONNEL AT THE JOINT WARFARE ANALYSIS CENTER 
                   ON PERSONNEL SKILLS.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     report setting forth a description and assessment of the 
     effects of planned reductions of personnel at the Joint 
     Warfare Analysis Center (JWAC) on the personnel skills to be 
     available at the Center after the reductions.
                                 ______
                                 
  SA 1168. Mr. WARNER submitted an amendment intended to be proposed by

[[Page S7755]]

him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 574. INDEPENDENT ASSESSMENT OF OPTIONS FOR IMPROVING 
                   EDUCATION PROVIDED TO STUDENTS ATTENDING 
                   DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT 
                   ELEMENTARY AND SECONDARY SCHOOLS.

       (a) Assessment Required.--The Secretary of Defense shall 
     award a contract, grant, or cooperative agreement to an 
     independent entity to conduct, in consultation with the 
     organizations specified in subsection (c), an assessment of 
     the following options for improving the quality of education 
     provided to students attending domestic dependent elementary 
     and secondary schools:
       (1) Improving the quality of the educational programs 
     provided by, and remediating the condition of the facilities 
     of, domestic dependent elementary and secondary schools.
       (2) Transferring the administration of all of the domestic 
     dependent elementary and secondary schools in some or all 
     communities in the United States from the Department of 
     Defense Education Activity to the local educational agencies 
     in those communities.
       (3) Closing all of the domestic dependent elementary and 
     secondary schools in some or all communities in the United 
     States and transferring students attending those schools to 
     public elementary and secondary schools in those communities.
       (b) Elements.--The assessment required by subsection (a) 
     shall include an assessment of the following:
       (1) The cost to the Department of Defense Education 
     Activity, the Department of Education, States, and local 
     educational agencies of each of the options described in 
     subsection (a).
       (2) The condition of facilities of the domestic dependent 
     elementary and secondary schools and, if the condition of 
     those facilities is inadequate, the cost of remediating those 
     facilities.
       (3) The capacity of local educational agencies--
       (A) to administer the domestic dependent elementary and 
     secondary schools; and
       (B) to absorb into public elementary and secondary schools 
     the number of students attending domestic dependent 
     elementary and secondary schools.
       (4) The quality of educational programs administered by 
     local educational agencies, as measured by student 
     achievement, graduation rates, the leadership of those 
     agencies, the staffing of those programs, and the 
     availability of infrastructure for the use of technology in 
     classrooms.
       (5) The availability in communities near domestic dependent 
     elementary and secondary schools of resources to support a 
     highly mobile population that includes members of the Armed 
     Forces who may be deployed.
       (6) The available options for, and problems relating to, 
     transporting students who reside on military installations to 
     public elementary and secondary schools.
       (7) The impact of the drawdown of operations in Iraq and 
     Afghanistan on the population of students to be served.
       (c) Organizations Specified.--The organizations specified 
     in this subsection are military family associations, teachers 
     labor organizations, and superintendents of domestic 
     dependent elementary and secondary schools and public 
     elementary and secondary schools.
       (d) Exclusion.--The assessment required by subsection (a) 
     is not required to address--
       (1) the transfer of the administration of domestic 
     dependent elementary and secondary schools in Puerto Rico to 
     local educational agencies; or
       (2) the transfer of students attending those schools to 
     public elementary and secondary schools in Puerto Rico.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the independent entity conducting the 
     assessment required by subsection (a) shall submit to the 
     Secretary of Defense and the congressional defense committees 
     the results of the assessment.
       (f) Definitions.--In this section:
       (1) Domestic dependent elementary and secondary schools.--
     The term ``domestic dependent elementary and secondary 
     schools'' means elementary and secondary schools administered 
     pursuant to section 2164 of title 10, United States Code.
       (2) Local educational agency.--The term ``local educational 
     agency'' has the meaning given that term in section 8013(9) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7713(9)).
       (g) Funding.--Of the amount authorized to be appropriated 
     for fiscal year 2012 by section 301 and available for 
     operation and maintenance for Defense-wide activities for the 
     Department of Defense Education Activity as specified in the 
     funding table in section 4301, $1,000,000 shall be available 
     to carry out this section.
                                 ______
                                 
  SA 1169. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title XXVII, add the following:

     SEC. 2705. SPECIAL CONSIDERATIONS RELATED TO TRANSPORTATION 
                   INFRASTRUCTURE IN CONSIDERATION AND SELECTION 
                   OF MILITARY INSTALLATIONS FOR CLOSURE OR 
                   REALIGNMENT.

       (a) Modification of Selection Criteria.--Subsection (b)(1) 
     of section 2687 of title 10, United States Code, is amended--
       (1) by striking ``notification an evaluation'' and 
     inserting ``notification--
       ``(A) an evaluation''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) the criteria used to consider and recommend military 
     installations for such closure or realignment, which shall 
     include at a minimum consideration of--
       ``(i) the ability of the infrastructure (including 
     transportation infrastructure) of both the existing and 
     receiving communities to support forces, missions, and 
     personnel as a result of such closure or realignment; and
       ``(ii) the costs associated with community transportation 
     infrastructure improvements as part of the evaluation of cost 
     savings or return on investment of such closure or 
     realignment; and''.
       (b) Effect of Significant Impacts.--Such section is further 
     amended by adding at the end the following new subsection:
       ``(f) If the Secretary of Defense or the Secretary of the 
     military department concerned determines, pursuant to the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), that a significant transportation impact will occur at 
     a result of an action described in subsection (a), the action 
     may not be taken unless and until the Secretary of Defense or 
     the Secretary of the military department concerned--
       ``(1) analyzes the adequacy of transportation 
     infrastructure at and in the vicinity of each military 
     installation that would be impacted by the action;
       ``(2) concludes consultation with the Federal Highway 
     Administration with regard to such impact; and
       ``(3) includes in the notification required by subsection 
     (b)(1) a description of how the Secretary intends to 
     remediate the significant transportation impact.''.
       (c) Transportation Infrastructure Defined.--Subsection (e) 
     of such section is amended by adding at the end the following 
     new paragraph:
       ``(5) The term `transportation infrastructure' includes 
     transit, pedestrian, and bicycle infrastructure.''.
       (d) Relation to Commission Base Closure Process.--If the 
     development of recommendations for the closure and 
     realignment of military installations utilizes a Defense Base 
     Closure and Realignment Commission (as was the case under the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
     rather than the authority of section 2687 of title 10, United 
     States Code, the amendments made by this section shall apply 
     to the resulting development of recommendations for the 
     closure and realignment of military installations by the 
     Secretary of Defense and the Commission.

     SEC. 2706. DEFENSE ACCESS ROAD PROGRAM ENHANCEMENTS TO 
                   ADDRESS TRANSPORTATION INFRASTRUCTURE IN 
                   VICINITY OF MILITARY INSTALLATIONS.

       (a) Availability of Defense Access Roads Funds for BRAC-
     related Transportation Improvements.--
       (1) Availability of defense access roads funds.--Section 
     210(a)(2) of title 23, United States Code, is amended by 
     adding at the end the following new sentence: ``The Secretary 
     of Defense shall determine the magnitude of the required 
     improvements without regard to the extent to which traffic 
     generated by the reservation is greater than other traffic in 
     the vicinity of the reservation.''.
       (2) Retroactive application.--The amendment made by 
     paragraph (1) shall apply with respect to the implementation 
     of the recommendations of the Defense Base Closure and 
     Realignment Commission contained in the report of the 
     Commission received by Congress on September 19, 2005, under 
     section 2903(e) of the Defense Base Closure and Realignment 
     Act of 1990 (part A of title XXIX of Public Law 101-510; 10 
     U.S.C. 2687 note).
       (b) Economic Adjustment Committee Consideration of 
     Additional Defense Access Roads Funding Sources.--
       (1) Convening of committee.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense, as the chairperson of the Economic Adjustment 
     Committee established in Executive Order 127887 (10 U.S.C. 
     2391 note), shall convene the Economic Adjustment Committee 
     to consider additional sources of funding for the defense 
     access roads program under section 210 of title 23, United 
     States Code.
       (2) Report.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report describing the results of the Economic 
     Adjustment Committee deliberations and containing an 
     implementation plan

[[Page S7756]]

     to expand funding sources for the mitigation of significant 
     transportation impacts to access to military reservations 
     pursuant to subsection (b) of section 210 of title 23, United 
     States Code, as amended by subsection (a).
       (c) Separate Budget Request for Program.--Amounts requested 
     for a fiscal year for the defense access roads program under 
     section 210 of title 23, United States Code, shall be set 
     forth as a separate budget request in the budget transmitted 
     by the President to Congress for that fiscal year under 
     section 1105 of title 31, United States Code.
                                 ______
                                 
  SA 1170. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 723. UNIFIED MEDICAL COMMAND.

       (a) Unified Combatant Command.--
       (1) In general.--Chapter 6 of title 10, United States Code, 
     is amended by inserting after section 167a the following new 
     section:

     ``Sec. 167b. Unified combatant command for medical operations

       ``(a) Establishment.--With the advice and assistance of the 
     Chairman of the Joint Chiefs of Staff, the President, through 
     the Secretary of Defense, shall establish under section 161 
     of this title a unified command for medical operations (in 
     this section referred to as the `unified medical command'). 
     The principal function of the command is to provide medical 
     services to the armed forces and other health care 
     beneficiaries of the Department of Defense as defined in 
     chapter 55 of this title.
       ``(b) Assignment of Forces.--In establishing the unified 
     medical command under subsection (a), all active military 
     medical treatment facilities, training organizations, and 
     research entities of the armed forces shall be assigned to 
     such unified command, unless otherwise directed by the 
     Secretary of Defense.
       ``(e) Grade of Commander.--The commander of the unified 
     medical command shall hold the grade of general or, in the 
     case of an officer of the Navy, admiral while serving in that 
     position, without vacating the officer's permanent grade. The 
     commander of such command shall be appointed to that grade by 
     the President, by and with the advice and consent of the 
     Senate, for service in that position. The commander of such 
     command shall be a member of a health profession described in 
     paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
     of title 37. During the five-year period beginning on the 
     date on which the Secretary establishes the command under 
     subsection (a), the commander of such command shall be exempt 
     from the requirements of section 164(a)(1) of this title.
       ``(d) Subordinate Commands.--(1) The unified medical 
     command shall have the following subordinate commands:
       ``(A) A command that includes all fixed military medical 
     treatment facilities, including elements of the Department of 
     Defense that are combined, operated jointly, or otherwise 
     operated in such a manner that a medical facility of the 
     Department of Defense is operating in or with a medical 
     facility of another department or agency of the United 
     States.
       ``(B) A command that includes all medical training, 
     education, and research and development activities that have 
     previously been unified or combined, including organizations 
     that have been designated as a Department of Defense 
     executive agent.
       ``(C) the Defense Health Agency established under 
     subsection (f).
       ``(2) The commander of a subordinate command of the unified 
     medical command shall hold the grade of lieutenant general 
     or, in the case of an officer of the Navy, vice admiral while 
     serving in that position, without vacating the officer's 
     permanent grade. The commander of such a subordinate command 
     shall be appointed to that grade by the President, by and 
     with the advice and consent of the Senate, for service in 
     that position. The commander of such a subordinate command 
     shall also be required to be a surgeon general of one of the 
     military departments.
       ``(e) Authority of Combatant Commander.--(1) In addition to 
     the authority prescribed in section 164(c) of this title, the 
     commander of the unified medical command shall be responsible 
     for, and shall have the authority to conduct, all affairs of 
     such command relating to medical operations activities.
       ``(2) The commander of such command shall be responsible 
     for, and shall have the authority to conduct, the following 
     functions relating to medical operations activities (whether 
     or not relating to the unified medical command):
       ``(A) Developing programs and doctrine.
       ``(B) Preparing and submitting to the Secretary of Defense 
     program recommendations and budget proposals for the forces 
     described in subsection (b) and for other forces assigned to 
     the unified medical command.
       ``(C) Exercising authority, direction, and control over the 
     expenditure of funds--
       ``(i) for forces assigned to the unified medical command;
       ``(ii) for the forces described in subsection (b) assigned 
     to unified combatant commands other than the unified medical 
     command to the extent directed by the Secretary of Defense; 
     and
       ``(iii) for military construction funds of the Defense 
     Health Program.
       ``(D) Training assigned forces.
       ``(E) Conducting specialized courses of instruction for 
     commissioned and noncommissioned officers.
       ``(F) Validating requirements.
       ``(G) Establishing priorities for requirements.
       ``(H) Ensuring the interoperability of equipment and 
     forces.
       ``(I) Monitoring the promotions, assignments, retention, 
     training, and professional military education of medical 
     officers described in paragraph (1), (2), (3), (4), (5), or 
     (6) of section 335(j) of title 37.
       ``(3) The commander of such command shall be responsible 
     for the Defense Health Program, including the Defense Health 
     Program Account established under section 1100 of this title.
       ``(f) Defense Health Agency.--(1) In establishing the 
     unified medical command under subsection (a), the Secretary 
     shall also establish under section 191 of this title a 
     defense agency for health care (in this section referred to 
     as the `Defense Health Agency'), and shall transfer to such 
     agency the organization of the Department of Defense referred 
     to as the TRICARE Management Activity and all functions of 
     the TRICARE program (as defined in section 1072(7) of this 
     title).
       ``(2) The director of the Defense Health Agency shall hold 
     the rank of lieutenant general or, in the case of an officer 
     of the Navy, vice admiral while serving in that position, 
     without vacating the officer's permanent grade. The director 
     of such agency shall be appointed to that grade by the 
     President, by and with the advice and consent of the Senate, 
     for service in that position. The director of such agency 
     shall be a member of a health profession described in 
     paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
     of title 37.
       ``(g) Regulations.--In establishing the unified medical 
     command under subsection (a), the Secretary of Defense shall 
     prescribe regulations for the activities of the unified 
     medical command.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 167a the following new item:

``167b. Unified combatant command for medical operations.''.

       (b) Plan, Notification, and Report.--
       (1) Plan.--Not later than July 1, 2012, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a comprehensive plan to establish the unified medical command 
     authorized under section 167b of title 10, United States 
     Code, as added by subsection (a), including any legislative 
     actions the Secretary considers necessary to implement the 
     plan.
       (2) Notification.--The Secretary shall submit to the 
     congressional defense committees written notification of the 
     decision of the Secretary to establish the unified medical 
     command under such section 167b by not later than the date 
     that is 30 days before establishing such command.
       (3) Report.--Not later than 180 days after submitting the 
     notification under paragraph (2), the Secretary shall submit 
     to the congressional defense committees a report on--
       (A) the establishment of the unified medical command; and
       (B) the establishment of the Defense Health Agency under 
     subsection (f) of such section 167b.
                                 ______
                                 
  SA 1171. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1230. PROHIBITION ON ASSISTANCE FOR PAKISTAN SECURITY 
                   FORCES WITH CONNECTIONS TO TERRORIST 
                   ORGANIZATIONS

       None of the amounts authorized to be appropriated by this 
     or any other Act may be made available to any unit of the 
     security forces of Pakistan if the Secretary of Defense 
     determines that the United States Government has credible 
     evidence that the unit maintains connections with an 
     organization known to conduct terrorist activities against 
     the United States or United States allies.
                                 ______
                                 
  SA 1172. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S7757]]

     SEC. 1230. REPORT ON ENDING COALITION SUPPORT FUND 
                   REIMBURSEMENTS TO THE GOVERNMENT OF PAKISTAN 
                   FOR OPERATIONS CONDUCTED IN SUPPORT OF 
                   OPERATION ENDURING FREEDOM.

       (a) In General.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     consultation with the Secretary of State and the Special 
     Representative for Afghanistan and Pakistan, shall submit a 
     report to the congressional defense committees and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report outlining a plan to end reimbursements from the 
     Coalition Support Fund to the Government of Pakistan for 
     operations conducted in support of Operation Enduring 
     Freedom.
       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) A characterization of the types of reimbursements 
     requested by the Government of Pakistan.
       (2) An assessment of the total amount reimbursed to the 
     Government of Pakistan, by fiscal year, since the beginning 
     of Operation Enduring Freedom.
       (3) The percentage and types of reimbursement requests made 
     by the Government of Pakistan for which the United States 
     Government has denied payment.
       (4) An assessment of whether the operations conducted by 
     the Government of Pakistan in support of Operation Enduring 
     Freedom and reimbursed from the Coalition Support Fund have 
     materially impacted the ability of terrorist organizations to 
     threaten the stability of Afghanistan and Pakistan and to 
     impede the operations of the United States in Afghanistan.
       (5) Recommendations for, and a timeline to implement, a 
     plan to end reimbursements from the Coalition Support Fund to 
     the Government of Pakistan.
       (c) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
                                 ______
                                 
  SA 1173. Mr. CORKER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1243. SENSE OF SENATE ON THE NORTH ATLANTIC TREATY 
                   ORGANIZATION.

       (a) Findings.--The Senate makes the following findings:
       (1) The North Atlantic Treaty Organization (NATO) 
     historically set a target commitment for member states to 
     spend two percent of their gross domestic product on their 
     defense expenditures.
       (2) In 2010, the North Atlantic Treaty Organization 
     identified only 5 member states meeting this target for 
     defense expenditures, including the United States, Albania, 
     France, Greece, and the United Kingdom, leaving 23 member 
     states short of meeting the target.
       (3) Secretary of Defense Robert Gates made the following 
     statement on the North Atlantic Treaty Organization on 
     October 14, 2010, in a conversation with reporters: ``[m]y 
     worry is that the more our allies cut their capabilities, the 
     more people will look to the United States to cover whatever 
     gaps are created. . . And at a time when we're facing 
     stringencies of our own, that's a concern for me''.
       (4) Secretary of State Hillary Clinton, in an interview 
     with the BBC on October 15, 2010, stated that ``NATO has been 
     the most successful alliance for defensive purposes in the 
     history of the world, I guess, but it has to be maintained. 
     Now each country has to be able to make its appropriate 
     contributions''.
       (5) On March 30, 2011, Admiral James G. Stavridis stated in 
     a hearing before the Committee on Armed Services of the House 
     of Representatives that ``[w]e need to be emphatic with our 
     European allies that they should spend at least the minimum 
     NATO 2 percent''.
       (6) In a speech delivered in Brussels on June 10, 2011, 
     Secretary of Defense Gates further stated that ``[i]n the 
     past, I've worried openly about NATO turning into a two-
     tiered alliance: Between members who specialize in `soft' 
     humanitarian, development, peacekeeping, and talking tasks, 
     and those conducting the `hard' combat missions. Between 
     those willing and able to pay the price and bear the burdens 
     of alliance commitments, and those who enjoy the benefits of 
     NATO membership - be they security guarantees or headquarters 
     billets - but don't want to share the risks and the costs. 
     This is no longer a hypothetical worry. We are there today. 
     And it is unacceptable''.
       (7) In that same speech on June 10, 2011, Secretary of 
     Defense Gates added that ``I am the latest in a string of 
     U.S. defense secretaries who have urged allies privately and 
     publicly, often with exasperation, to meet agreed-upon NATO 
     benchmarks for defense spending. However, fiscal, political 
     and demographic realities make this unlikely to happen 
     anytime soon, as even military stalwarts like the U.K have 
     been forced to ratchet back with major cuts to force 
     structure. Today, just five of 28 allies - the U.S., U.K., 
     France, Greece, along with Albania - exceed the agreed 2% of 
     GDP spending on defense''.
       (8) Secretary of Defense Gates also stated that ``[t]he 
     blunt reality is that there will be dwindling appetite and 
     patience in the U.S. Congress - and in the American body 
     politic writ large - to expend increasingly precious funds on 
     behalf of nations that are apparently unwilling to devote the 
     necessary resources or make the necessary changes to be 
     serious and capable partners in their own defense. Nations 
     apparently willing and eager for American taxpayers to assume 
     the growing security burden left by reductions in European 
     defense budgets''.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to commend the North Atlantic Treaty Organization for 
     historically providing an extension to the United States 
     security capabilities; and
       (2) to call upon the President--
       (A) to engage each of the member states of the North 
     Atlantic Treaty Organization in a dialogue about the long-
     term health of the North Atlantic Alliance and strongly 
     encourage each of the member states to make a serious effort 
     to protect defense budgets from further reductions, better 
     allocate and coordinate the resources presently available, 
     and recommit to spending at least two percent of gross 
     domestic product on defense; and
       (B) to examine and report to Congress on recommendations 
     that will lead to a stronger North Atlantic Alliance in terms 
     of military capability and readiness across the 28 member 
     states, with particular focus on the smaller member states.
                                 ______
                                 
  SA 1174. Mr. MERKLEY (for himself, Mr. Lee, Mr. Udall of New Mexico, 
Mr. Paul, and Mr. Brown of Ohio) proposed an amendment to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

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

     SEC. 1230. SENSE OF CONGRESS ON TRANSITION OF MILITARY AND 
                   SECURITY OPERATIONS IN AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) After al Qaeda attacked the United States on September 
     11, 2001, the United States Government rightly sought to 
     bring to justice those who attacked us, to eliminate al 
     Qaeda's safe havens and training camps in Afghanistan, and to 
     remove the terrorist-allied Taliban government.
       (2) Members of the Armed Forces, intelligence personnel, 
     and diplomatic corps have skillfully achieved these 
     objectives, culminating in the death of Osama bin Laden.
       (3) Operation Enduring Freedom is now the longest military 
     operation in United States history.
       (4) United States national security experts, including 
     Secretary of Defense Leon E. Panetta, have noted that al 
     Qaeda's presence in Afghanistan has been greatly diminished.
       (5) Over the past ten years, the mission of the United 
     States has evolved to include a prolonged nation-building 
     effort in Afghanistan, including the creation of a strong 
     central government, a national police force and army, and 
     effective civic institutions.
       (6) Such nation-building efforts in Afghanistan are 
     undermined by corruption, high illiteracy, and a historic 
     aversion to a strong central government in that country.
       (7) Members of the Armed Forces have served in Afghanistan 
     valiantly and with honor, and many have sacrificed their 
     lives and health in service to their country.
       (8) The United States is now spending nearly 
     $10,000,000,000 per month in Afghanistan at a time when, in 
     the United States, there is high unemployment, a flood of 
     foreclosures, a record deficit, and a debt that is over 
     $15,000,000,000,000 and growing.
       (9) The continued concentration of United States and NATO 
     military forces in one region, when terrorist forces are 
     located in many parts of the world, is not an efficient use 
     of resources.
       (10) The battle against terrorism is best served by using 
     United States troops and resources in a counterterrorism 
     strategy against terrorist forces wherever they may locate 
     and train.
       (11) The United States Government will continue to support 
     the development of Afghanistan with a strong diplomatic and 
     counterterrorism presence in the region.
       (12) President Barack Obama is to be commended for 
     announcing in July 2011 that the United States would commence 
     the redeployment of members of the United States Armed Forces 
     from Afghanistan in 2011 and transition security control to 
     the Government of Afghanistan.
       (13) President Obama has established a goal of removing all 
     United States combat troops from Afghanistan by December 
     2014.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the President should expedite the transition of the 
     responsibility for military and security operations in 
     Afghanistan to the Government of Afghanistan;
       (2) the President should devise a plan based on inputs from 
     military commanders, the

[[Page S7758]]

     diplomatic missions in the region, and appropriate members of 
     the Cabinet, along with the consultation of Congress, for 
     expediting the drawdown of United States combat troops in 
     Afghanistan and accelerating the transfer of security 
     authority to Afghan authorities prior to December 2014; and
       (3) not later than 90 days after the date of the enactment 
     of this Act, the President should submit to Congress a plan 
     with a timetable and completion date for the accelerated 
     transition of all military and security operations in 
     Afghanistan to the Government of Afghanistan.
                                 ______
                                 
  SA 1175. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 714. WARFIGHTER TRANSLATIONAL RESEARCH CENTER.

       (a) Establishment.--The Secretary of Defense shall 
     establish in the Defense Health Program a Warfighter 
     Translational Research Center (in this section referred to as 
     the ``Center'') to support the development of diagnostics and 
     therapeutics to address gaps in the treatment of injured 
     members of the Armed Forces.
       (b) Primary Functions.--The primary functions of the Center 
     include the following:
       (1) Developing a tool that can be used before and after a 
     deployment to assess the mental health of a member of the 
     Armed Forces.
       (2) Using the tool developed under paragraph (1) to 
     establish a baseline mental health assessment of each member 
     of the Armed Forces before such member is deployed and 
     carrying out a mental health screening of each such member 
     after deployment--
       (A) to decrease the incidence of undiagnosed post traumatic 
     stress disorder and traumatic brain injury; and
       (B) to determine whether there are certain factors that 
     make a person more or less likely to experience post 
     traumatic stress.
       (c) Public-private Partnerships.--In carrying out the 
     functions of the Center, the Center shall establish 
     partnerships between public and private entities.
       (d) Competitive Contracts.--All contracts awarded by the 
     Center shall be awarded on a competitive basis.
                                 ______
                                 
  SA 1176. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. ___. ENHANCED PROTECTIONS FOR SERVICEMEMBERS RELATING TO 
                   MORTGAGES AND MORTGAGE FORECLOSURE UNDER 
                   SERVICEMEMBERS CIVIL RELIEF ACT.

       (a) Repeal of Sunset.--Subsection (c) of section 2203 of 
     the Housing and Economic Recovery Act of 2008 (Public Law 
     110-289) is amended to read as follows:
       ``(c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this 
     Act.''.
       (b) Expansion of Protections to Include Widows and 
     Widowers.--Section 303(b) of the Servicemembers Civil Relief 
     Act (50 U.S.C. App. 533) is amended--
       (1) by inserting ``, or widow or widower of a servicemember 
     who dies during such service,'' after ``by a servicemember''; 
     and
       (2) by inserting ``, widow's, or widower's'' after ``when 
     the servicemember's''.
                                 ______
                                 
  SA 1177. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

                       Subtitle D--Other Matters

     SEC. 731. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED 
                   WARRIOR ACT.

       Section 1631 of the Wounded Warrior Act (title XVI of 
     Public Law 110-181; 10 U.S.C. 1071 note) is amended by adding 
     at the end the following:
       ``(c) Rehabilitative Equipment for Members of the Armed 
     Forces.--
       ``(1) In general.--Subject to the availability of 
     appropriations for such purpose, the Secretary of Defense may 
     provide an active duty member of the Armed Forces with a 
     severe injury or illness with rehabilitative equipment, 
     including recreational sports equipment that provide an 
     adaption or accommodation for the member, regardless of 
     whether such equipment is intentionally designed to be 
     adaptive equipment.
       ``(2) Consultation.--In carrying out this subsection, the 
     Secretary of Defense shall consult with the Secretary of 
     Veterans Affairs regarding similar programs carried out by 
     the Secretary of Veterans Affairs.''.
                                 ______
                                 
  SA 1178. Mrs. MURRAY (for herself and Ms. Cantwell) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 827. MULTIYEAR CONTRACTS FOR ADVANCED BIOFUEL.

       (a) Civilian Agency Contracts.--Subsection (a) of section 
     3903 of title 41, United States Code, is amended to read as 
     follows:
       ``(a) Definitions.--For the purposes of this section:
       ``(1) Multiyear contract.--The term `multiyear contract'--
       ``(A) means a contract for the purchase of property or 
     services for more than one, but not more than five, program 
     years, except as provided in subparagraph (B);
       ``(B) in the case of a contract for the purchase of 
     advanced biofuel, means a contract for the purchase of such 
     fuel for a period of up to 15 program years; and
       ``(C) may provide that performance under the contract 
     during the second and subsequent years of the contract is 
     contingent upon the appropriation of funds and (if it does so 
     provide) may provide for a cancellation payment to be made to 
     the contractor if such appropriations are not made.
       ``(2) Advanced biofuel.--The term `advanced biofuel' has 
     the meaning given such term in section 211(o)(1)(B) of the 
     Clean Air Act (42 U.S.C. 7545(o)(1)(B)).''.
       (b) Defense Contracts.--Subsection (k) of section 2306b of 
     title 10, United States Code, is amended to read as follows:
       ``(k) Definitions.--For the purposes of this section:
       ``(1)(A) Except as provided in subparagraph (B), the term 
     `multiyear contract' means a contract for the purchase of 
     property or services for more than one, but not more than 
     five, program years.
       ``(B) In the case of a contract for the purchase of 
     advanced biofuel, the term `multiyear contract' means a 
     contract for the purchase of such fuel for a period of up to 
     15 program years.
       ``(C) Such a contract may provide that performance under 
     the contract during the second and subsequent years of the 
     contract is contingent upon the appropriation of funds and 
     (if it does so provide) may provide for a cancellation 
     payment to be made to the contractor if such appropriations 
     are not made.
       ``(2) The term `advanced biofuel' has the meaning given 
     such term in section 211(o)(1)(B) of the Clean Air Act (42 
     U.S.C. 7545(o)(1)(B)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contracts entered into on or after the date 
     occurring 180 days after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1179. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 505. NUMBER OF JUDGE ADVOCATES OF THE AIR FORCE IN THE 
                   REGULAR GRADE OF BRIGADIER GENERAL.

       Section 8037 of title 10, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection (f):
       ``(f) Four officers of the Air Force designated as judge 
     advocates shall hold the regular grade of brigadier 
     general.''.
                                 ______
                                 
  SA 1180. Ms. COLLINS (for herself and Mrs. Shaheen) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

[[Page S7759]]

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

       (a) Statement of Policy.--Pursuant to section 11 of the 
     Department of State Authorities Act of 2006 (22 U.S.C. 
     2349bb-6), the following is the policy of the United States:
       (1) To reduce and mitigate, to the greatest extent 
     feasible, the threat posed to United States citizens and 
     citizens of allies of the United States, including Israel, 
     traveling by aircraft by man-portable air-defense systems 
     (MANPADS) that were in Libya as of March 19, 2011.
       (2) To seek the cooperation of, and to assist, the 
     Government of Libya and governments of neighboring countries 
     and other countries (as determined by the President) to 
     secure, remove, or eliminate stocks of man-portable air-
     defense systems described in paragraph (1) that pose a threat 
     to United States citizens and citizens of allies of the 
     United States, including Israel, traveling by aircraft.
       (3) To pursue, as a matter of priority, an agreement with 
     the Government of Libya and governments of neighboring 
     countries and other countries (as determined by the Secretary 
     of State) to formalize cooperation with the United States to 
     limit the availability, transfer, and proliferation of man-
     portable air-defense systems described in paragraph (1).
       (b) Intelligence Community Assessment on MANPADS in 
     Libya.--
       (1) In general.--The Director of National Intelligence 
     shall submit to Congress an assessment by the intelligence 
     community that accounts for the disposition of, and the 
     threat to United States citizens and citizens of allies of 
     the United States, including Israel, traveling by aircraft, 
     posed by man-portable air-defense systems that were in Libya 
     as of March 19, 2011. The assessment shall be submitted as 
     soon as practicable, but not later than the end of the 45-day 
     period beginning on the date of the enactment of this Act.
       (2) Elements.--The assessment submitted under this 
     subsection shall include the following:
       (A) An estimate of the number of man-portable air-defense 
     systems that were in Libya as of March 19, 2011.
       (B) An estimate of the number of man-portable air-defense 
     systems in Libya as of March 19, 2011, that are currently in 
     the secure custody of the Government of Libya, the United 
     States, an ally of the United States, a member of the North 
     Atlantic Treaty Organization (NATO), or the United Nations.
       (C) An estimate of the number of man-portable air-defense 
     systems in Libya as of March 19, 2011, that were destroyed, 
     disabled, or otherwise rendered unusable during Operation 
     Unified Protector.
       (D) An estimate of the number of man-portable air-defense 
     systems in Libya as of March 19, 2011, that were destroyed, 
     disarmed, or otherwise rendered unusable following Operation 
     Unified Protector.
       (E) An assessment of the number of man-portable air-defense 
     systems that is the difference between the number of man-
     portable air-defense systems in Libya as of March 19, 2011, 
     and the cumulative number of man-portable air-defense systems 
     accounted for under subparagraphs (B) through (D), and the 
     current disposition and locations of such man-portable air-
     defense systems.
       (F) An assessment of the number of man-portable air-defense 
     systems that are currently in the custody of militias in 
     Libya.
       (G) A list of any organizations designated as terrorist 
     organizations by the Department of State, or affiliate 
     organizations or members of such organizations, that are 
     known or believed to have custody of any man-portable air-
     defense systems that were in the custody of the Government of 
     Libya as of March 19, 2011.
       (H) An assessment of the threat posed to United States 
     citizens and citizens of allies of the United States, 
     including Israel, traveling by aircraft from unsecured man-
     portable air-defense systems (as defined in section 11 of the 
     Department of State Authorities Act of 2006) originating from 
     Libya.
       (I) An assessment of the effectiveness of efforts 
     undertaken by the United States, Libya, Mauritania, Egypt, 
     Algeria, Tunisia, Mali, Morocco, Niger, Chad, the United 
     Nations, the North Atlantic Treaty Organization, and any 
     other country or entity (as determined by the Director) to 
     reduce the threat posed to United States citizens and 
     citizens of allies of the United States, including Israel, 
     traveling by aircraft from man-portable air-defense systems 
     that were in Libya as of March 19, 2011.
       (J) An assessment of the effect of the proliferation of 
     man-portable air-defense systems that were in Libya as of 
     March 19, 2011, on the price and availability of man-portable 
     air-defense systems that are on the global arms market.
       (3) Notice regarding delay in submittal.--If, before the 
     end of the 45-day period specified in paragraph (1), the 
     Director determines that the assessment required by that 
     paragraph cannot be submitted by the end of that period as 
     required by that paragraph, the Director shall (before the 
     end of that period) submit to Congress a report setting 
     forth--
       (A) the reasons why the assessment cannot be submitted by 
     the end of that period; and
       (B) an estimated date for the submittal of the assessment.
       (4) Form.--The assessment under this subsection shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Comprehensive Strategy on Threat of MANPADS Originating 
     From Libya.--
       (1) Strategy required.--The President shall develop and 
     implement, and from time to time update, a comprehensive 
     strategy, pursuant to section 11 of the Department of State 
     Authorities Act of 2006, to reduce and mitigate the threat 
     posed to United States citizens and citizens of allies of the 
     United States, including Israel, traveling by aircraft from 
     man-portable air-defense systems that were in Libya as of 
     March 19, 2011.
       (2) Report required.--
       (A) In general.--Not later than 45 days after the 
     assessment required by subsection (b) is submitted to 
     Congress, the President shall submit to Congress a report 
     setting forth the strategy required by paragraph (1).
       (B) Elements.--The report required by this paragraph shall 
     include the following:
       (i) A timeline for future efforts by the United States, 
     Libya, and neighboring countries to--

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

       (ii) A description of any additional funding required to 
     address the threat of man-portable air-defense systems 
     originating from Libya.
       (iii) A summary of United States Government efforts, and 
     technologies current available, to reduce the susceptibility 
     and vulnerability of civilian aircraft to man-portable air-
     defense systems, including an assessment of the feasibility 
     of using aircraft-based anti-missile systems to protect 
     United States passenger jets.
       (iv) Recommendations for the most effective policy measures 
     that can be taken to reduce and mitigate the threat posed to 
     United States citizens and citizens of allies of the United 
     States, including Israel, traveling by aircraft from man-
     portable air-defense systems that were in Libya as of March 
     19, 2011.
       (v) Such recommendations for legislative or administrative 
     action as the President considers appropriate to implement 
     the strategy required by paragraph (1).
       (C) Form.--The report required by this paragraph shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1181. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 577. MATTERS COVERED BY PRESEPARATION COUNSELING FOR 
                   MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES.

       Section 1142(b) of title 10, United States Code, is 
     amended--
       (1) in paragraph (5), by striking ``job placement 
     counseling for the spouse'' and inserting ``inclusion of the 
     spouse when counseling regarding the matters covered by 
     paragraphs (9), (10), and (16) is provided, job placement 
     counseling for the spouse, and the provision of information 
     on survivor benefits available under the laws administered by 
     the Secretary of Defense or the Secretary of Veterans 
     Affairs'';
       (2) in paragraph (9), by inserting before the period the 
     following: ``, including information on budgeting, saving, 
     credit, loans, and taxes'';
       (3) in paragraph (10), by striking ``and employment'' and 
     inserting ``, employment, and financial'';
       (4) by striking paragraph (16) and inserting the following 
     new paragraph:
       ``(16) Information on home loan services and housing 
     assistance benefits available under the laws administered by 
     the Secretary of Veterans Affairs and counseling on 
     responsible borrowing practices.''; and
       (5) in paragraph (17), by inserting before the period the 
     following: ``, and information regarding the means by which 
     the member can receive additional counseling regarding the 
     member's actual entitlement to such benefits and apply for 
     such benefits''.
                                 ______
                                 
  SA 1182. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S7760]]

     SEC. 1049. PROHIBITION ON PERMANENT STATIONING OF MORE THAN 
                   TWO ARMY BRIGADE COMBAT TEAMS WITHIN UNITED 
                   STATES EUROPEAN COMMAND.

       (a) In General.--Effective as of January 1, 2016, the 
     number of Army Brigade Combat Teams that may be permanently 
     stationed within the geographic boundaries of the United 
     States European Command (EUCOM) may not exceed two brigade 
     combat teams.
       (b) Military Construction.--No military construction 
     project may be commenced or undertaken for or in connection 
     with or support of the permanent stationing of more than two 
     Army Brigade Combat Teams within the geographic boundaries of 
     the United States European Command.
                                 ______
                                 
  SA 1183. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1049. MAINTENANCE OF A TRIAD OF STRATEGIC NUCLEAR 
                   DELIVERY SYSTEMS.

       The Secretary of Defense shall take appropriate actions to 
     maintain for the United States a range of strategic nuclear 
     delivery systems appropriate for the current and anticipated 
     threats faced by the United States, including a triad of sea-
     based, land-based, and air-based strategic nuclear delivery 
     systems.
                                 ______
                                 
  SA 1184. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1024. LIMITATION ON REDUCTION IN NUMBER OF SURFACE 
                   COMBATANTS OF THE NAVY BELOW 313 VESSELS.

       (a) Findings.--Congress makes the following findings:
       (1) The 2011 Shipbuilding Plan of the Navy contemplates a 
     baseline of 313 surface combatants in the Navy.
       (2) The national security of the United States requires 
     that the shipbuilding activities of the Navy ensure a Navy 
     composed of at least 313 surface combatants.
       (3) It is in the national interest that the future-years 
     defense programs of the Department of Defense provide for a 
     Navy composed of at least 313 surface combatants.
       (b) Limitation.--The Secretary of the Navy may not carry 
     out any reduction in the number of surface combatants of the 
     Navy below 313 surface combatants unless the Secretary, after 
     consultation with the commanders of the combatant commands, 
     certifies to Congress that the Navy will continue to possess 
     the capacity to support the requirements of the combatant 
     commands after such reduction.
                                 ______
                                 
  SA 1185. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 234. REPORT ON MISSILE DEFENSE SITE ON THE EAST COAST OF 
                   THE UNITED STATES.

       (a) Finding.--Congress finds that the Obama Administration 
     plans to limit or cancel the deployment of the European 
     Phased Adaptive Approach (EPAA) to missile defense.
       (b) Report.--In light of the finding in subsection (a), the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report setting forth an assessment of 
     the feasibility and advisability of establishing a missile 
     defense site on the East Coast of the United States.
                                 ______
                                 
  SA 1186. Mr. LEAHY (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

            Subtitle I--Fighting Fraud to Protect Taxpayers

     SEC. 1090. DEPARTMENT OF JUSTICE WORKING CAPITAL FUND 
                   REFORMS.

       Section 11013(a) of the 21st Century Department of Justice 
     Appropriations Authorization Act (28 U.S.C. 527 note) is 
     amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(1) Definitions.--In this subsection--
       ``(A) the term `covered amounts' means--
       ``(i) the unobligated balances in the debt collection 
     management account; and
       ``(ii) the unobligated balances in the supplemental fraud 
     fighting account;
       ``(B) the term `debt collection management account' means 
     the account established in the Department of Justice Working 
     Capital Fund under paragraph (2);
       ``(C) the term `fraud offense' includes--
       ``(i) an offense under section 30A of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78dd-1) and an offense under 
     section 104 or 104A of the Foreign Corrupt Practices Act of 
     1977 (15 U.S.C. 78dd-2 and 78dd-3);
       ``(ii) a securities fraud offense, as defined in section 
     3301 of title 18, United States Code;
       ``(iii) a fraud offense relating to a financial institution 
     or a federally related mortgage loan, as defined in section 3 
     of the Real Estate Settlement Procedures Act of 1974 (12 
     U.S.C. 2602), including an offense under section 152, 157, 
     1004, 1005, 1006, 1007, 1011, or 1014 of title 18, United 
     States Code;
       ``(iv) an offense involving procurement fraud, including 
     defective pricing, bid rigging, product substitution, misuse 
     of classified or procurement sensitive information, grant 
     fraud, fraud associated with labor mischarging, and fraud 
     involving foreign military sales;
       ``(v) an offense under the Internal Revenue Code of 1986 
     involving fraud;
       ``(vi) an action under subchapter III of chapter 37 of 
     title 31, United States Code (commonly known as the `False 
     Claims Act'), and an offense under chapter 15 of title 18, 
     United States Code;
       ``(vii) an offense under section 1029, 1030, or 1031 of 
     title 18, United States Code; and
       ``(viii) an offense under chapter 63 of title 18, United 
     States Code; and
       ``(D) the term `supplemental fraud fighting account' means 
     the supplemental fraud fighting account established in the 
     Department of Justice Working Capital Fund under paragraph 
     (3)(A).
       ``(2) Debt collection management account.--
     Notwithstanding'';
       (2) by striking ``Such amounts'' and inserting ``Subject to 
     paragraph (4), such amounts''; and
       (3) by adding at the end the following:
       ``(3) Supplemental fraud fighting account.--
       ``(A) Establishment.--There is established as a separate 
     account in the Department of Justice Working Capital Fund 
     established under section 527 of title 28, United States 
     Code, a supplemental fraud fighting account.
       ``(B) Crediting of amounts.--Notwithstanding section 3302 
     of title 31, United States Code, or any other statute 
     affecting the crediting of collections, the Attorney General 
     may credit, as an offsetting collection, to the supplemental 
     fraud fighting account up to 0.5 percent of all amounts 
     collected pursuant to civil debt collection litigation 
     activities of the Department of Justice.
       ``(C) Use of funds.--
       ``(i) In general.--Subject to clause (ii), the Attorney 
     General may use amounts in the supplemental fraud fighting 
     account for the cost (including equipment, salaries and 
     benefits, travel and training, and interagency task force 
     operations) of the investigation of and conduct of criminal, 
     civil, or administrative proceedings relating to fraud 
     offenses.
       ``(ii) Limitation.--The Attorney General may not use 
     amounts in the supplemental fraud fighting account for the 
     cost of the investigation of or the conduct of criminal, 
     civil, or administrative proceedings relating to--

       ``(I) an offense under section 30A of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78dd-1); or
       ``(II) an offense under section 104 or 104A of the Foreign 
     Corrupt Practices Act of 1977 (15 U.S.C. 78dd-2 and 78dd-3).

       ``(D) Conditions.--Subject to paragraph (4), amounts in the 
     supplemental fraud fighting account shall remain available 
     until expended and shall be subject to the terms and 
     conditions of the Department of Justice Working Capital Fund.
       ``(4) Maximum amount.--
       ``(A) In general.--There are rescinded all covered amounts 
     in excess of $175,000,000 at the end of fiscal year 2012 and 
     the end of each fiscal year thereafter.
       ``(B) Ratio.--For any rescission under subparagraph (A), 
     the Secretary of the Treasury shall rescind amounts from the 
     debt collection management account and the supplemental fraud 
     fighting account in a ratio of 6 dollars to 1 dollar, 
     respectively.
       ``(5) Annual report.--Not later than 6 months after the 
     date of enactment of the National Defense Authorization Act 
     for Fiscal Year 2012, and every year thereafter, the Attorney 
     General shall submit to Congress a report that identifies, 
     for the most recent fiscal year before the date of the 
     report--
       ``(A) the amount credited to the debt collection management 
     account and the amount credited to the supplemental fraud 
     fighting account from civil debt collection litigation, which 
     shall include, for each account--

[[Page S7761]]

       ``(i) a comprehensive description of the source of the 
     amount credited; and
       ``(ii) a list the civil actions and settlements from which 
     amounts were collected and credited to the account;
       ``(B) the amount expended from the debt collection 
     management account for civil debt collection, which shall 
     include a comprehensive description of the use of amounts in 
     the account that identifies the amount expended for--
       ``(i) paying the costs of processing and tracking civil and 
     criminal debt-collection litigation;
       ``(ii) financial systems;
       ``(iii) debt-collection-related personnel expenses;
       ``(iv) debt-collection-related administrative expenses; and
       ``(v) debt-collection-related litigation expenses;
       ``(C) the amounts expended from the supplemental fraud 
     fighting account and the justification for the expenditure of 
     such amounts; and
       ``(D) the unobligated balance in the debt collection 
     management account and the unobligated balance in the 
     supplemental fraud fighting account at the end of the fiscal 
     year.''.

     SEC. 1091. REIMBURSEMENT OF COSTS AWARDED IN FALSE CLAIMS ACT 
                   PROSECUTIONS.

       Section 3729(a)(3) of title 31, United States Code, is 
     amended by adding at the end the following: ``Any costs paid 
     under this paragraph shall be credited to the appropriations 
     accounts of the executive agency from which the funds used 
     for the costs of the civil action were paid.''.

     SEC. 1092. INTERLOCUTORY APPEALS OF SUPPRESSION OR EXCLUSION 
                   OF EVIDENCE.

       Section 3731 of title 18, United States Code, is amended in 
     the second undesignated paragraph by inserting ``Attorney 
     General, the Deputy Attorney General, an Assistant Attorney 
     General, or the'' after ``an indictment or information, if 
     the''.

     SEC. 1093. EXTENSION OF INTERNATIONAL MONEY LAUNDERING 
                   STATUTE TO TAX EVASION CRIMES.

       Section 1956(a)(2)(A) of title 18, United States Code, is 
     amended--
       (1) by striking ``intent to promote'' and inserting the 
     following: ``intent to--
       ``(i) promote''; and
       (2) by adding at the end the following:
       ``(ii) engage in conduct constituting a violation of 
     section 7201 or 7206 of the Internal Revenue Code of 1986; 
     or''.

     SEC. 1094. CLARIFYING VENUE FOR FEDERAL MAIL FRAUD OFFENSES.

       (a) In General.--Section 3237(a) of title 18, United States 
     Code, is amended in the second undesignated paragraph by 
     adding before the period at the end the following: ``or in 
     any district in which an act in furtherance of the offense is 
     committed''.
       (b) Section Heading.--Section 3237 of title 18, United 
     States Code, is amended in the section heading by striking 
     ``begun'' and all that follows and inserting ``taking place 
     in more than one district''.
       (c) Table of Sections.--The table of sections for chapter 
     211 of title 18, United States Code, is amended by striking 
     the item relating to section 3237 and inserting the 
     following:

``3237. Offenses taking place in more than one district.''.

     SEC. 1095. EXPANSION OF AUTHORITY OF SECRET SERVICE.

       Section 3056 of title 18, United States Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) by inserting ``641, 656, 657,'' after ``510,''; and
       (ii) by striking ``493, 657,'' and inserting ``493,''; and
       (B) in paragraph (3), by striking ``federally insured''; 
     and
       (2) by adding at the end the following:
       ``(h)(1) For any undercover investigative operation of the 
     United States Secret Service that is necessary for the 
     detection and prosecution of a crime against the United 
     States, the United States Secret Service may--
       ``(A) use amounts appropriated for the United States Secret 
     Service, including unobligated balances available from prior 
     fiscal years, to--
       ``(i) purchase property, buildings, and other facilities 
     and lease space within the United States (including the 
     District of Columbia and the territories and possessions of 
     the United States), without regard to sections 1341 and 3324 
     of title 31, section 8141 of title 40, and sections 3901, 
     4501 through 4506, 6301, and 6306(a) of title 41; and
       ``(ii) establish, acquire, and operate on a commercial 
     basis proprietary corporations and business entities as part 
     of the undercover investigative operation, without regard to 
     sections 9102 and 9103 of title 31;
       ``(B) deposit in banks and other financial institutions 
     amounts appropriated for the United States Secret Service, 
     including unobligated balances available from prior fiscal 
     years, and the proceeds from the undercover investigative 
     operation, without regard to section 648 of this title and 
     section 3302 of title 31; and
       ``(C) use the proceeds from the undercover investigative 
     operation to offset necessary and reasonable expenses 
     incurred in the undercover investigative operation, without 
     regard to section 3302 of title 31.
       ``(2) The authority under paragraph (1) may be exercised 
     only upon a written determination by the Director of the 
     United States Secret Service (in this subsection referred to 
     as the `Director') that the action being authorized under 
     paragraph (1) is necessary for the conduct of an undercover 
     investigative operation. A determination under this paragraph 
     may continue in effect for the duration of an undercover 
     investigative operation, without fiscal year limitation.
       ``(3) If the Director authorizes the proceeds from an 
     undercover investigative operation to be used as described in 
     subparagraph (B) or (C) of paragraph (1), as soon as 
     practicable after the proceeds are no longer necessary for 
     the conduct of the undercover investigative operation, the 
     proceeds remaining shall be deposited in the general fund of 
     the Treasury as miscellaneous receipts.
       ``(4) As early as the Director determines practicable 
     before the date on which a corporation or business entity 
     established or acquired under paragraph (1)(A)(ii) with a net 
     value of more than $50,000 is to be liquidated, sold, or 
     otherwise disposed of, the Director shall notify the 
     Secretary of Homeland Security regarding the circumstances of 
     the corporation or business entity and the liquidation, sale, 
     or other disposition. The proceeds of the liquidation, sale, 
     or other disposition, after obligations are met, shall be 
     deposited in the general fund of the Treasury as 
     miscellaneous receipts.
       ``(5)(A) The Director shall--
       ``(i) on a quarterly basis, conduct detailed financial 
     audits of closed undercover investigative operations for 
     which a written determination is made under paragraph (2); 
     and
       ``(ii) submit to the Secretary of Homeland Security a 
     written report of the results of each audit conducted under 
     clause (i).
       ``(B) On the date on which the budget of the President is 
     submitted under section 1105(a) of title 31 for each year, 
     the Secretary of Homeland Security shall submit to the 
     Committee on Appropriations of the Senate and the Committee 
     on Appropriations of the House of Representatives a report 
     summarizing the audits conducted under subparagraph (A)(i) 
     relating to the previous fiscal year.''.

     SEC. 1096. FALSE CLAIMS SETTLEMENTS.

       (a) Reports by Attorney General.--Not later than November 1 
     of each year, the Attorney General shall submit to the 
     Committee on the Judiciary of the Senate and the Committee on 
     the Judiciary of the House of Representatives a public 
     report, except the contents required in paragraphs (2), (3), 
     (4) and (10) of subsection (b), that describes each 
     settlement or compromise of any claim, suit, or other action 
     entered into with the Department of Justice that--
       (1) relates to an alleged violation of section 1031 of 
     title 18, United States Code, or section 3729 of title 31, 
     United States Code (including all 12 settlements of 
     alternative remedies); and
       (2) results from a claim for damages of more than $100,000.
       (b) Contents of Reports.--The description of each 
     settlement or compromise required to be included in an annual 
     report under subsection (a) shall include--
       (1) the total amount of the settlement or compromise and 
     the portions of the settlement attributable to violations of 
     various statutory authorities;
       (2) the amount of actual damages, or if the amount of 
     actual damages is not available a good faith estimate of the 
     damages, that have been sustained;
       (3) the amount of the settlement that represents civil 
     penalties;
       (4) the amount of the settlement that represents criminal 
     fines and a statement of the basis for the fines;
       (5) a description of the period during which the matter to 
     which the settlement or compromise relates was pending, 
     including--
       (A) the date on which the complaint was originally filed;
       (B) a description of the period the matter remained under 
     seal;
       (C) the date on which the Department of Justice determined 
     whether to intervene in the case; and
       (D) the date on which the settlement or compromise was 
     finalized;
       (6) whether a defendant or any division, subsidiary, 
     affiliate, or related entity of a defendant had previously 
     entered into a settlement or compromise relating to section 
     1031 of title 18, United States Code, or section 3730(b) of 
     title 31, United States Code, and, if so, the date of and 
     amount to be paid under each such settlement or compromise;
       (7) whether a defendant or any division, subsidiary, 
     affiliate, or related entity of a defendant--
       (A) entered into a corporate integrity agreement relating 
     to the settlement or compromise;
       (B) entered into a deferred prosecution agreement or 
     nonprosecution agreement relating to the settlement or 
     compromise; or
       (C)(i) previously entered into--
       (I) a corporate integrity agreement relating to a 
     settlement or compromise relating to a different violation of 
     section 3730(b) of title 31, United States Code; or
       (II) a deferred prosecution agreement or nonprosecution 
     agreement relating to a settlement or compromise relating to 
     a different violation of section 1031 of title 18, United 
     States Code; and
       (ii) if the defendant had entered an agreement described in 
     clause (i), whether the agreement applied to the conduct that 
     is the subject of the settlement or compromise described in 
     the report or similar conduct;

[[Page S7762]]

       (8) for a qui tam action--
       (A) the percentage of the settlement amount awarded to the 
     relator; and
       (B) whether the relator requested a fairness hearing 
     relating to the percentage received by the relator or the 
     total amount of the settlement;
       (9) the extent to which a relator or counsel for a relators 
     participated in the settlement negotiations; and
       (10) whether a defendant raised the possibility of 
     requiring the disclosure of classified information as a 
     reason for the Department to settle a case in lieu of 
     litigation.

     SEC. 1097. AGGRAVATED IDENTITY THEFT AND FRAUD.

       (a) In General.--Section 1028A of title 18, United States 
     Code, is amended in the section heading by adding ``and 
     fraud'' at the end.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by striking the item relating to section 1028A and 
     inserting the following:

``1028A. Aggravated identity theft and fraud.''.

     SEC. 1098. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
                   IDENTIFICATION DOCUMENTS, AUTHENTICATION 
                   FEATURES, AND INFORMATION.

       (a) In General.--Section 1028(a)(7) of title 18, United 
     States Code, is amended by inserting ``(including an 
     organization)'' after ``person''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by striking the item relating to section 1028 and 
     inserting the following:

``1028. Fraud and related activity in connection with identification 
              documents, authentication features, and information.''.

     SEC. 1099. ATTEMPT TO EVADE OR DEFEAT TAX.

       Section 7201 of the Internal Revenue Code is amended--
       (1) by striking ``$100,000'' and inserting ``$500,000''; 
     and
       (2) by striking ``$500,000'' and inserting ``$2,500,000''.
                                 ______
                                 
  SA 1187. Mrs. GILLIBRAND (for herself and Mr. Portman) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title XI, add the following:

     SEC. 1108. EXPEDITED HIRING AUTHORITY FOR DEFENSE INFORMATION 
                   TECHNOLOGY/CYBER WORKFORCE.

       (a) Expedited Hiring Authority.--Chapter 81 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1599e. Information technology/cyber workforce: 
       expedited hiring authority

       ``(a) Authority.--For purposes of sections 3304, 5333, and 
     5753 of title 5, the Secretary of Defense--
       ``(1) may designate any category of Information Technology/
     Cyber workforce positions in the Department of Defense as 
     positions for which there exists a shortage of candidates or 
     for which there is a critical hiring need; and
       ``(2) may use the authorities provided in those sections to 
     recruit and appoint qualified persons directly to positions 
     so designated, and should appoint veterans to those positions 
     to the maximum extent possible.
       ``(b) Annual Report.--The Secretary of Defense shall submit 
     an annual report to the congressional defense committees 
     detailing the number of people hired under the authority of 
     this section, the number of people so hired who transfer to a 
     field outside the category of Information Technology/Cyber 
     workforce, and the number of veterans who apply for, and are 
     hired, for positions under this authority.
       ``(c) Sunset.--The Secretary may not appoint a person to a 
     position of employment under this section after September 30, 
     2017.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1599e. Information technology/cyber workforce: expedited hiring 
              authority.''.
                                 ______
                                 
  SA 1188. Mr. CARDIN (for himself, Mr. Wicker, Mrs. Feinstein, Ms. 
Mikulski, Mr. Rockefeller, Mr. Casey, and Mr. Burr) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 1049. EXPANSION OF OPERATION HERO MILES.

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

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

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

``2613. Acceptance of frequent traveler miles, credits, points, and 
              tickets: use to facilitate rest and recuperation travel 
              of deployed members and their families.''.
                                 ______
                                 
  SA 1189. Mrs. MURRAY (for herself, Mrs. Gillibrand, and Mrs. 
McCaskill) submitted an amendment intended to be proposed by her to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       At the end of title VII, add the following:

  Subtitle D--Mental Health Care for Members of Reserve Components on 
                         Inactive-Duty Training

     SEC. 741. BEHAVIORAL HEALTH CARE FOR MEMBERS OF THE ARMED 
                   FORCES PERFORMING INACTIVE-DUTY TRAINING AND 
                   CERTAIN OTHER MEMBERS.

       (a) In General.--Subsection (a)(1) of section 1074a of 
     title 10, United States Code, is amended by inserting 
     ``(including a behavioral health illness)'' after ``or 
     disease''.
       (b) Services for Readiness of Certain Other Members of 
     Ready Reserve.--Subsection (g)(1) of such section is amended 
     by striking ``medical and dental readiness'' and inserting 
     ``medical, dental, and behavioral health readiness''.

     SEC. 742. MENTAL HEALTH ASSESSMENTS DURING INACTIVE-DUTY 
                   TRAINING FOR MEMBERS OF THE NATIONAL GUARD IN 
                   STATES WITH HIGH NEED FOR BEHAVIORAL HEALTH 
                   SUPPORT.

       (a) Access to Assessments.--Each member of the National 
     Guard in a unit of a State covered by subsection (b) who is 
     performing inactive-duty training shall, while performing 
     such training, be permitted access to a mental health 
     assessment through a licensed mental health professional who 
     shall be available for such assessments during duty hours of 
     such training on the premises of the principal duty location 
     of such member's unit. Such mental health assessment shall be 
     provided by the State in accordance with subsection (e).
       (b) Covered States.--A State covered by this subsection is 
     a State that--
       (1) meets the criteria under subsection (c), as determined 
     by the Chief of the National Guard Bureau under subsection 
     (d); and
       (2) elects to provide mental health assessments for members 
     of the National Guard as described in subsection (a) in 
     accordance with subsection (e).
       (c) Criteria.--
       (1) In general.--The Chief of the National Guard Bureau 
     shall develop criteria for determining whether or not members 
     of the National Guard of a particular State shall be 
     permitted access to mental health assessments under 
     subsection (a).
       (2) Elements.--The criteria developed under paragraph (1) 
     shall take into account the following:
       (A) The rate of suicide among members of the National Guard 
     of a State.
       (B) The deployment schedule of National Guard units in a 
     State, including, in particular, the number of National Guard 
     units in the State recently returned from deployment.
       (C) The economic circumstances of a State, including the 
     rate of unemployment in the State generally and the rate of 
     unemployment in the State among veterans.
       (D) The availability of behavioral health care providers in 
     a State (including civilian

[[Page S7763]]

     providers, providers at military treatment facilities, and 
     providers of or through the Department of Veterans Affairs) 
     for members of the National Guard, including, in particular, 
     the availability of such providers in rural areas of the 
     State.
       (E) Such other criteria as the Chief of the National Guard 
     Bureau considers appropriate.
       (3) Periodic updates.--The Chief of the National Guard 
     Bureau shall update the criteria developed under paragraph 
     (1) every two years.
       (4) Consultation.--The Chief of the National Guard Bureau 
     shall carry out this subsection in consultation with the 
     Assistant Secretary of Defense for Health Affairs, the 
     Surgeons General of the Armed Forces, and the Adjutants 
     General of the National Guard.
       (5) Submittal to congress.--Not later than 180 days after 
     the date of the enactment of this Act, the Chief of the 
     National Guard Bureau shall submit to the congressional 
     defense committees a report on the criteria developed under 
     this subsection.
       (d) Determinations Regarding States.--Upon developing the 
     criteria required by subsection (b), and every two years 
     thereafter, the Chief of the National Guard Bureau shall 
     determine whether or not each State meets the criteria for 
     purposes of subsection (b)(1). In making such a 
     determination, the Chief of the National Guard Bureau shall 
     use the version of such criteria in effect at the time of 
     such determination, as updated under subsection (c)(3).
       (e) State Actions.--
       (1) Election to provide assessments.--
       (A) In general.--Upon the development of the criteria 
     required by subsection (c), and every two years thereafter, a 
     State that meets the criteria may elect to provide mental 
     health assessments for members of the National Guard as 
     described in subsection (a).
       (B) Period of election.--An election under subparagraph (A) 
     shall be effective for two years, and may be renewed by a 
     State if the Chief of the National Guard Bureau determines 
     under subsection (d) that the State continues to meet the 
     criteria under subsection (c) at the time of such renewal.
       (C) Availability of option to elect.--The lack of an 
     election by a State under subparagraph (A) shall not prohibit 
     the State from making an election under that subparagraph at 
     any subsequent two-year interval if the State meets the 
     criteria under subsection (c) at the commencement of such 
     subsequent two-year interval.
       (2) Assessments.--
       (A) In general.--Each State making an election under 
     paragraph (1) shall provide mental health assessments for 
     members of the National Guard in units of the State as 
     described in subsection (a) during the two-year period 
     following the election.
       (B) Manner of provision.--A State shall provide mental 
     health assessments under this paragraph in accordance with a 
     plan developed by the State for that purpose. The plan shall 
     ensure the availability of behavioral health providers for 
     that purpose during duty hours of inactive-duty training on 
     the premises of the principal duty location of National Guard 
     units of the State performing such training. The plan may 
     provide for the availability of such providers for that 
     purpose through arrangements with contractors under the 
     TRICARE program or other appropriate contractors or through 
     such other means as the State considers appropriate.
       (f) Federal Funding.--Amounts authorized to be appropriated 
     for the Department of Defense for Defense Health Program may 
     be available for payment for, or reimbursements of States for 
     the costs of, mental health assessments of members of the 
     National Guard under subsection (a).
       (g) Definitions.--In this section:
       (1) The term ``inactive-duty training'' has the meaning 
     given that term in section 101(d)(7) of title 10, United 
     States Code.
       (2) The term ``State'' means the several States, the 
     District of Columbia, Puerto Rico, Guam, and the Virgin 
     Islands.
       (3) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.

     SEC. 743. BEHAVIORAL HEALTH SUPPORT FOR CERTAIN MEMBERS OF 
                   THE NATIONAL GUARD IN STATES WITH HIGH NEED FOR 
                   BEHAVIORAL HEALTH SUPPORT.

       (a) In General.--Each member of the National Guard of a 
     State meeting the criteria in section 742(c) who is 
     participating in annual training duty or individual duty 
     training shall, while so participating, have access to the 
     behavioral health support programs specified in subsection 
     (b).
       (b) Behavioral Health Support Programs.--The behavioral 
     health support programs specified in this subsection are the 
     following:
       (1) Programs providing access to licensed mental health 
     providers in armories, reserve centers, or other places for 
     scheduled unit training assemblies.
       (2) Programs providing training on suicide prevention and 
     post-suicide response.
       (3) Psychological health programs.
       (4) Such other programs as the Secretary of Defense, in 
     consultation with the Surgeon General for the National Guard 
     of the State in which the members concerned reside, the 
     Director of Psychological Health of the State in which the 
     members concerned reside, the Department of Mental Health or 
     the equivalent agency of the State in which the members 
     concerned reside, or the Director of the Psychological Health 
     Program of the National Guard Bureau, considers appropriate.
       (c) Access Without Cost to Members.--Access to behavioral 
     health programs, and to any services under such programs, 
     shall be provided at no cost to members.
       (d) Privacy Protection.--Any mental health services 
     provided under this section shall be subject to and comply 
     with all applicable privacy rules and security rules 
     published by the Department of Health and Human Services as 
     required by the Health Insurance Portability and 
     Accountability Act of 1996.

     SEC. 744. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE 
                   RESERVES PERFORMING INACTIVE-DUTY TRAINING.

       (a) In General.--The Secretary of the military department 
     concerned may provide mental health assessments for members 
     of the Army Reserve, the Navy Reserve, the Air Force Reserve, 
     and the Marine Corps Reserve who are performing inactive-duty 
     training.
       (b) Criteria.--A determination whether or not to provide 
     mental health assessments for members of a given Reserve 
     under subsection (a) may be made in accordance with criteria 
     developed by the Secretary of the military department 
     concerned, in consultation with the Assistant Secretary of 
     Defense for Health Affairs and the Surgeon General of the 
     Armed Force concerned.
       (c) Provision Without Cost to Members.--Any mental health 
     assessments provided under this section, and any services 
     provided pursuant to such assessments, shall be provided at 
     no cost to members.
       (d) Privacy Protection.--Any mental health services 
     provided under this section shall be subject to and comply 
     with all applicable privacy rules and security rules 
     published by the Department of Health and Human Services as 
     required by the Health Insurance Portability and 
     Accountability Act of 1996.
       (e) Inactive-duty Training Defined.--In this section, the 
     term ``inactive-duty training'' has the meaning given that 
     term in section 101(d)(7) of title 10, United States Code.

     SEC. 745. REPORTS ON EFFECTIVENESS OF MENTAL HEALTH 
                   ASSESSMENTS IN MEETING NEEDS OF MEMBERS OF THE 
                   RESERVE COMPONENTS PERFORMING INACTIVE-DUTY 
                   TRAINING.

       (a) Biennial Assessment of Effectiveness of Assessments.--
     Not later than two years after the date of the enactment of 
     this Act, and every two years thereafter, the Assistant 
     Secretary of Defense for Health Affairs shall conduct an 
     assessment of the effectiveness of the mental health 
     assessments provided members of the reserve components of the 
     Armed Forces under this subtitle.
       (b) Elements.--Each assessment under subsection (a) shall 
     include an assessment of the following:
       (1) The effect of the mental health assessments described 
     in subsection (a) in assuring the behavioral health readiness 
     of the following:
       (A) The reserve components of the Armed Forces generally.
       (B) The National Guard of each State in which mental health 
     assessments were performed under section 742 during the two-
     year period covered by such assessment.
       (C) Each of the Army Reserve, the Navy Reserve, the Air 
     Force Reserve, and the Marine Corps Reserve.
       (2) For the two-year period covered by such assessment, 
     rates of each of the following:
       (A) Contacts between members of the reserve components of 
     the Armed Forces and a behavioral health provider initiated 
     by the member.
       (B) Contacts between members of the reserve components of 
     the Armed Forces and a behavioral health provider initiated 
     by a commander of the member.
       (C) Contacts between members of the reserve components of 
     the Armed Forces and a behavioral health provider initiated 
     by a behavioral health provider.
       (D) Symptoms of post-traumatic stress disorder (PTSD) in 
     members participating in any such contacts.
       (E) Substance abuse in members participating in any such 
     contacts.
       (F) Marriage or family concerns in members participating in 
     any such contacts.
       (G) Job or financial concerns in members participating in 
     any such contacts.
       (3) Such other matters as the Assistant Secretary of 
     Defense for Health Affairs considers appropriate.
       (c) Reports on Assessments.--Not later than 30 days after 
     completing an assessment under this section, the Assistant 
     Secretary of Defense for Health Affairs shall submit to the 
     congressional defense committees a report setting forth the 
     results of such assessment.
                                 ______
                                 
  SA 1190. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

[[Page S7764]]

     SEC. 1080. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

       (a) Development of Innovative Advanced Technologies.--
       (1) In general.--The Secretary of Defense shall use the 
     laboratory network of the Department of Defense and work with 
     the Secretary of Commerce and the Administrator of the Small 
     Business Administration to encourage the development of 
     innovative advanced technologies to address national 
     security, and where appropriate, homeland security, and first 
     responder challenges.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary of Defense should make further progress in 
     marshaling existing authorities in support of regional 
     advanced technology clusters, while defining mechanisms to 
     collaborate with, and leverage resources from the Department 
     of Commerce and the Small Business Administration.
       (b) Designation of Lead Department of Defense Office.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, in consultation with the Under 
     Secretary of Defense for Policy, shall identify and report to 
     the appropriate congressional committees what office within 
     the Department of Defense will be responsible for enhanced 
     use of regional advanced technology clusters.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, in consultation with 
     the Under Secretary of Defense for Policy, shall submit to 
     the appropriate congressional committees a report 
     describing--
       (1) the participation of the Department of Defense in 
     regional advanced technology clusters, including the number 
     of clusters supported, technologies developed and products 
     commercialized, small businesses trained, companies started, 
     and research and development facilities shared;
       (2) implementation by the Department of processes and 
     mechanisms to facilitate collaboration with the clusters;
       (3) agreements established with the Department of Commerce 
     and the Small Business Administration to jointly support the 
     continued utilization and growth of the clusters; and
       (4) any additional required authorities and any impediments 
     in supporting regional advanced technology clusters.
       (d) Collaboration With Other Federal Agencies.--
       (1) In general.--The designated lead from the Department of 
     Defense office shall collaborate and share resources with 
     other Federal agencies for purposes of assisting in the 
     utilization and growth of regional advanced technology 
     clusters under this section. Furthermore the Department of 
     Defense will work with Department of Commerce and the Small 
     Business Administration to develop methods to evaluate the 
     effectiveness of technology cluster policies.
       (2) Intergovernmental personnel act agreements.--The 
     Department of Defense shall utilize Intergovernmental 
     Personnel Act agreements to provide for the temporary 
     assignment of personnel between the Federal Government and 
     State and local governments, colleges and universities, 
     Indian tribal governments, federally funded research and 
     development centers, and other eligible organizations.
       (3) Access to department of defense facilities.--The 
     Secretary of Defense shall provide regional advanced 
     technology clusters appropriate access to Department of 
     Defense facilities.
       (e) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Commerce, Science and Transportation 
     and the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (C) the Committee on Energy and Commerce and the Committee 
     on Small Business of the House of Representatives.
       (2) Regional advanced technology clusters.--The term 
     ``regional advanced technology clusters'' means geographic 
     centers focused on building science and technology-based 
     innovation capacity in areas of local and regional strength 
     to foster economic growth and improve quality of life.
                                 ______
                                 
  SA 1191. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriation for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follow:

       At the end of title I of division A, add the following:
       Sec. 1__. (a) The Corps of Engineers is authorized to carry 
     out any project--
       (1) for which there is a signed report of the Chief of 
     Engineers by the end of fiscal year 2012;
       (2) that will be constructed according to the 
     specifications of the Corps of Engineers; and
       (3) for which, prior to authorization, the Chief of 
     Engineers certifies that 100 percent of the cost of carrying 
     out the project is contributed by a non-Federal entity or a 
     group of non-Federal entities.
       (b) A non-Federal entity or group of non-Federal entities 
     described in subsection (a)(3) shall not receive any 
     reimbursement for the cost of a project carried out under 
     this section from the Federal Government.
                                 ______
                                 
  SA 1192. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

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

     SEC. 547. REPORT ON COSTS TO DEPARTMENT OF DEFENSE OF CERTAIN 
                   ASSISTANCE FOR MEMBERS OF THE ARMED FORCES AND 
                   MILITARY SPOUSES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the costs 
     to the Department of Defense of education assistance for 
     members of the Armed Forces and military spouses under the 
     following programs of the Department of Defense:
       (1) The Tuition Assistance (TA) program.
       (2) The Military Spouse Career Advancement Account (MyCAA) 
     program.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) For each institution of higher education that received 
     funds under a program specified in subsection (a) during any 
     of fiscal years 2009, 2010, or 2011--
       (A) the name and location of such institution;
       (B) whether such institution is a public, non-profit, or 
     for-profit institution;
       (C) the amount of funds received by such institution in 
     each such fiscal year each under each program; and
       (D) the number of members of the Armed Forces, and the 
     number of military spouses, who received education at such 
     institution during each such fiscal year for which money was 
     received under either program.
       (2) Education outcomes for participants in the programs 
     specified in subsection (a) during fiscal years 2009 through 
     2011, including--
       (A) credit accumulation;
       (B) completion of education on time or in 150 percent of on 
     time;
       (C) loan defaults;
       (D) job placement and retention, and wage progression, 
     after completion of education.
       (3) A summary of complaints regarding aggressive recruiting 
     practices or misrepresentation of future job placement 
     opportunities from participants in the programs specified in 
     subsection (a) during fiscal years 2009 through 2011.
       (4) Such recommendations as the Secretary considers 
     appropriate for reducing the costs to the Department of 
     education assistance under the programs specified in 
     subsection (a).
                                 ______
                                 
  SA 1193. Mr. DURBIN (for himself, Mr. Kirk, Mr. Harkin, and Mr. 
Grassley) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

       Strike section 341 and insert the following:

     SEC. 341. PERMANENT AND EXPANDED AUTHORITY FOR ARMY 
                   INDUSTRIAL FACILITIES TO ENTER INTO CERTAIN 
                   COOPERATIVE ARRANGEMENTS WITH NON-ARMY 
                   ENTITIES.

       Section 4544 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking the second sentence; and
       (2) by striking subsection (k).
                                 ______
                                 
  SA 1194. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

       Strike section 1048 and insert the following:

     SEC. 1048. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) Fiscal Year 2012 Administration.--Notwithstanding 
     section 2302(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may 
     administer the Troops-to-Teachers Program during fiscal year 
     2012. Amounts authorized to be appropriated for the 
     Department of Defense by this Act shall be available to the 
     Secretary of Defense for that purpose.
       (b) Enactment of Program Authority in Title 10, United 
     States Code.--
       (1) In general.--Chapter 58 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

[[Page S7765]]

     ``Sec. 1154. Assistance to eligible members and former 
       members to obtain employment as teachers: Troops-to-
       Teachers Program

       ``(a) Definitions.--In this section:
       ``(1) Charter school.--The term `charter school' has the 
     meaning given that term in section 5210 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7221i).
       ``(2) High-need school.--The term `high-need school' 
     means--
       ``(A) an elementary school or middle school in which at 
     least 50 percent of the enrolled students are children from 
     low-income families, based on the number of children eligible 
     for free or reduced priced lunches under the Richard B. 
     Russell National School Lunch Act, the number of children in 
     families receiving assistance under the State program funded 
     under part A of title IV of the Social Security Act, the 
     number of children eligible to receive medical assistance 
     under the Medicaid program, or a composite of these 
     indicators;
       ``(B) a high school in which at least 40 percent of 
     enrolled students are children from low-income families, 
     which may be calculated using data comparable to the data 
     described in subparagraph (A) from the middle or elementary 
     schools that feed into the high school;
       ``(C) a school that is in a local educational agency that 
     is eligible under section 6211(b) of the Elementary and 
     Secondary Education Act of 1965; or
       ``(D) a school in which not less than 13 percent of the 
     students enrolled in the school qualify for assistance under 
     part B of the Individuals with Disabilities Education Act (20 
     U.S.C. 1411 et seq.).
       ``(3) Member of the armed forces.--The term `member of the 
     armed forces' includes a former member of the armed forces.
       ``(4) Program.--The term `Program' means the Troops-to-
     Teachers Program authorized by this section.
       ``(5) Additional terms.--The terms `elementary school', 
     `highly qualified', `local educational agency', `secondary 
     school', and `State' have the meanings given those terms in 
     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801).
       ``(b) Program Authorization.--The Secretary of Defense (in 
     this section referred to as the `Secretary') may carry out a 
     program (to be known as the `Troops-to-Teachers Program')--
       ``(1) to assist eligible members of the armed forces 
     described in subsection (d) to obtain certification or 
     licensing as elementary school teachers, secondary school 
     teachers, or career and technical education teachers, and to 
     become highly qualified teachers; and
       ``(2) to facilitate the employment of such members--
       ``(A) by local educational agencies or charter schools that 
     the Secretary of Education identifies as--
       ``(i) receiving grants under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6301 et. seq.) as a result of having within their 
     jurisdictions concentrations of children from low-income 
     families; or
       ``(ii) experiencing a shortage of highly qualified 
     teachers, in particular a shortage of highly qualified 
     science, mathematics, special education, foreign language, or 
     career and technical education teachers; or
       ``(iii) a Bureau-funded school (as such term is defined in 
     section 1141 of the Education Amendments of 1978 (25 U.S.C. 
     2021)); and
       ``(B) in elementary schools or secondary schools, or as 
     career and technical education teachers.
       ``(c) Counseling and Referral Services.--The Secretary may 
     provide counseling and referral services to members of the 
     armed forces who do not meet the criteria described in 
     subsection (d), including meeting the education qualification 
     requirements under subsection (d)(3)(B).
       ``(d) Eligibility and Application Process.--
       ``(1) Eligible members.--The following members of the armed 
     forces are eligible for selection to participate in the 
     Program:
       ``(A) Any member who--
       ``(i) on or after October 1, 1999, becomes entitled to 
     retired or retainer pay under this title or title 14;
       ``(ii) has an approved date of retirement that is within 1 
     year after the date on which the member submits an 
     application to participate in the Program; or
       ``(iii) has been transferred to the Retired Reserve.
       ``(B) Any member who, on or after January 8, 2002--
       ``(i)(I) is separated or released from active duty after 4 
     or more years of continuous active duty immediately before 
     the separation or release; or
       ``(II) has completed a total of at least 6 years of active 
     duty service, 6 years of service computed under section 12732 
     of this title, or 6 years of any combination of such service; 
     and
       ``(ii) executes a reserve commitment agreement for a period 
     of not less than 3 years under paragraph (5)(B).
       ``(C) Any member who, on or after January 8, 2002, is 
     retired or separated for physical disability under chapter 61 
     of this title.
       ``(D) Any member who--
       ``(i) applied for the teacher placement program 
     administered under section 1151 of title 10, United States 
     Code, before the repeal of that section, and satisfied the 
     eligibility criteria specified in subsection (c) of such 
     section 1151; or
       ``(ii) applied for the Troops to Teachers program under 
     chapter A of subpart 1 of part C of title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6673 et seq.) and satisfied the eligibility criteria 
     specified in section 2303(a), before the date of enactment of 
     this section.
       ``(2) Submission of applications.--(A) Selection of 
     eligible members of the armed forces to participate in the 
     Program shall be made on the basis of applications submitted 
     to the Secretary within the time periods specified in 
     subparagraph (B). An application shall be in such form and 
     contain such information as the Secretary may require.
       ``(B) An application shall be considered to be submitted on 
     a timely basis under subparagraph (A)(i), (B), or (C) of 
     paragraph (1) if the application is submitted not later than 
     3 years after the date on which the member is retired, 
     separated, or released from active duty, whichever applies to 
     the member.
       ``(3) Selection criteria; educational background 
     requirements and honorable service requirement.--(A) Subject 
     to subparagraphs (B) and (C), the Secretary shall prescribe 
     the criteria to be used to select eligible members of the 
     armed forces to participate in the Program.
       ``(B)(i) If a member of the armed forces is applying for 
     assistance for placement as an elementary school or secondary 
     school teacher, the Secretary shall require the member to 
     have received a baccalaureate or advanced degree from an 
     accredited institution of higher education.
       ``(ii) If a member of the armed forces is applying for 
     assistance for placement as a career and technical education 
     teacher, the Secretary shall require the member--
       ``(I) to have received the equivalent of 1 year of college 
     from an accredited institution of higher education or the 
     equivalent in military education and training as certified by 
     the Department of Defense; or
       ``(II) to otherwise meet the certification or licensing 
     requirements for a career and technical education teacher in 
     the State in which the member seeks assistance for placement 
     under the Program.
       ``(C) A member of the armed forces is eligible to 
     participate in the Program only if the member's last period 
     of service in the armed forces was honorable, as 
     characterized by the Secretary concerned. A member selected 
     to participate in the Program before the retirement of the 
     member or the separation or release of the member from active 
     duty may continue to participate in the Program after the 
     retirement, separation, or release only if the member's last 
     period of service is characterized as honorable by the 
     Secretary concerned.
       ``(4) Selection priorities.--In selecting eligible members 
     of the armed forces to receive assistance under the Program, 
     the Secretary--
       ``(A) shall give priority to members who--
       ``(i) have educational or military experience in science, 
     mathematics, special education, foreign language, or career 
     and technical education subjects; and
       ``(ii) agree to seek employment as science, mathematics, 
     foreign language, or special education teachers in elementary 
     schools or secondary schools or in other schools under the 
     jurisdiction of a local educational agency; and
       ``(B) may give priority to members who agree to seek 
     employment in a high-need school.
       ``(5) Other conditions on selection.--
       ``(A) The Secretary may not select an eligible member of 
     the armed forces to participate in the Program and receive 
     financial assistance unless the Secretary has sufficient 
     appropriations for the Program available at the time of the 
     selection to satisfy the obligations to be incurred by the 
     United States under subsection (e) with respect to the 
     member.
       ``(B) The Secretary may not select an eligible member of 
     the armed forces described in paragraph (1)(B)(i) to 
     participate in the Program under this section and receive 
     financial assistance under subsection (e) unless the member 
     executes a written agreement to serve as a member of the 
     Selected Reserve of a reserve component of the armed forces 
     for a period of not less than 3 years.
       ``(e) Participation Agreement and Financial Assistance.--
       ``(1) Participation agreement.--(A) An eligible member of 
     the armed forces selected to participate in the Program under 
     subsection (b) and receive financial assistance under this 
     subsection shall be required to enter into an agreement with 
     the Secretary in which the member agrees--
       ``(i) within such time as the Secretary may require, to 
     obtain certification or licensing as an elementary school 
     teacher, secondary school teacher, or career and technical 
     education teacher, and to become a highly qualified teacher; 
     and
       ``(ii) to accept an offer of full-time employment, to begin 
     the school year after obtaining that certification or 
     licensing, as an elementary school teacher, secondary school 
     teacher, or career and technical education teacher for not 
     less than 3 school years with--
       ``(I) a local educational agency receiving grant funds 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6311 et seq.);
       ``(II) a public charter school (as such term is defined in 
     section 2102 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6602)) residing in such a local educational 
     agency; or

[[Page S7766]]

       ``(III) a Bureau-funded school (as such term is defined in 
     section 1141 of the Education Amendments of 1978 (25 U.S.C. 
     11 2021)).
       ``(B) The Secretary may waive the 3-year commitment 
     described in subparagraph (A)(ii) for a participant if the 
     Secretary determines such waiver to be appropriate. If the 
     Secretary provides the waiver, the participant shall not be 
     considered to be in violation of the agreement and shall not 
     be required to provide reimbursement under subsection (f), 
     for failure to meet the 3-year commitment.
       ``(2) Violation of participation agreement; exceptions.--A 
     participant in the Program shall not be considered to be in 
     violation of the participation agreement entered into under 
     paragraph (1) during any period in which the participant--
       ``(A) is pursuing a full-time course of study related to 
     the field of teaching at an institution of higher education;
       ``(B) is serving on active duty as a member of the armed 
     forces;
       ``(C) is temporarily totally disabled for a period of time 
     not to exceed 3 years as established by sworn affidavit of a 
     qualified physician;
       ``(D) is unable to secure employment for a period not to 
     exceed 12 months by reason of the care required by a spouse 
     who is disabled;
       ``(E) is a highly qualified teacher who is seeking and 
     unable to find full-time employment as a teacher in an 
     elementary school or secondary school or as a career and 
     technical education teacher for a single period not to exceed 
     27 months; or
       ``(F) satisfies the provisions of additional reimbursement 
     exceptions that may be prescribed by the Secretary.
       ``(3) Stipend and bonus for participants.--(A) Subject to 
     subparagraph (C), the Secretary may pay to a participant in 
     the Program selected under this section a stipend to cover 
     expenses incurred by the participant to obtain the required 
     educational level, certification or licensing. Such stipend 
     may not exceed $5,000 and may vary by participant.
       ``(B) Subject to subparagraph (C), the Secretary may pay a 
     bonus of up to $10,000 to a participant in the Program 
     selected under this section who agrees in the participation 
     agreement under paragraph (1) to become a highly qualified 
     teacher and to accept full-time employment as an elementary 
     school teacher, secondary school teacher, or career and 
     technical education teacher for not less than 3 school years 
     in a high-need school. Such bonus may vary by participant and 
     may take into account the priority placements as determined 
     by the Secretary.
       ``(C)(i) The total number of stipends that may be paid 
     under subparagraph (A) in any fiscal year may not exceed 
     5,000.
       ``(ii) The total number of bonuses that may be paid under 
     subparagraph (B) in any fiscal year may not exceed 3,000.
       ``(iii) The combination of stipend and bonus for any one 
     participant may not exceed $10,000.
       ``(4) Treatment of stipend and bonus.--A stipend or bonus 
     paid under this subsection to a participant in the Program 
     shall be taken into account in determining the eligibility of 
     the participant for Federal student financial assistance 
     provided under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et. seq.).
       ``(f) Reimbursement Under Certain Circumstances.--
       ``(1) Reimbursement required.--A participant in the Program 
     who is paid a stipend or bonus under this subsection shall be 
     required to repay the stipend or bonus under the following 
     circumstances:
       ``(A) The participant fails to obtain teacher certification 
     or licensing, to become a highly qualified teacher, or to 
     obtain employment as an elementary school teacher, secondary 
     school teacher, or career and technical education teacher as 
     required by the participation agreement under subsection 
     (e)(1).
       ``(B) The participant voluntarily leaves, or is terminated 
     for cause from, employment as an elementary school teacher, 
     secondary school teacher, or career and technical education 
     teacher during the 3 years of required service in violation 
     of the participation agreement.
       ``(C) The participant executed a written agreement with the 
     Secretary concerned under subsection (d)(5)(B) to serve as a 
     member of a reserve component of the armed forces for a 
     period of 3 years and fails to complete the required term of 
     service.
       ``(2) Amount of reimbursement.--A participant required to 
     reimburse the Secretary for a stipend or bonus paid to the 
     participant under subsection (e) shall pay an amount that 
     bears the same ratio to the amount of the stipend or bonus as 
     the unserved portion of required service bears to the 3 years 
     of required service. Any amount owed by the participant shall 
     bear interest at the rate equal to the highest rate being 
     paid by the United States on the day on which the 
     reimbursement is determined to be due for securities having 
     maturities of 90 days or less and shall accrue from the day 
     on which the participant is first notified of the amount due.
       ``(3) Treatment of obligation.--The obligation to reimburse 
     the Secretary under this subsection is, for all purposes, a 
     debt owing the United States. A discharge in bankruptcy under 
     title 11 shall not release a participant from the obligation 
     to reimburse the Secretary under this subsection.
       ``(4) Exceptions to reimbursement requirement.--A 
     participant shall be excused from reimbursement under this 
     subsection if the participant becomes permanently totally 
     disabled as established by sworn affidavit of a qualified 
     physician. The Secretary may also waive the reimbursement in 
     cases of extreme hardship to the participant, as determined 
     by the Secretary.
       ``(g) Relationship to Educational Assistance Under 
     Montgomery GI Bill.--The receipt by a participant in the 
     Program of a stipend or bonus under subsection (e) shall not 
     reduce or otherwise affect the entitlement of the participant 
     to any benefits under chapter 30 or 33 of title 38 or chapter 
     1606 of this title.
       ``(h) Participation by States.--
       ``(1) Discharge of state activities through consortia of 
     states.--The Secretary may permit States participating in the 
     Program to carry out activities authorized for such States 
     under the Program through one or more consortia of such 
     States.
       ``(2) Assistance to states.--(A) Subject to subparagraph 
     (B), the Secretary may make grants to States participating in 
     the Program, or to consortia of such States, in order to 
     permit such States or consortia of States to operate offices 
     for purposes of recruiting eligible members of the armed 
     forces for participation in the Program and facilitating the 
     employment of participants in the Program as elementary 
     school teachers, secondary school teachers, and career and 
     technical education teachers.
       ``(B) The total amount of grants made under subparagraph 
     (A) in any fiscal year may not exceed $5,000,000.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1154. Assistance to eligible members and former members to obtain 
              employment as teachers: Troops-to-Teachers Program.''.
       (c) Conforming Amendment.--Section 1142(b)(4)(C) of such 
     title is amended by striking ``under sections 1152 and 1153 
     of this title and the Troops-to-Teachers Program under 
     section 2302 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6672)'' and inserting ``under sections 1152, 
     1153, and 1154 of this title''.
       (d) Termination of Original Program.--
       (1) Termination.--
       (A) Chapter A of subpart 1 of Part C of title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671 et seq.) is repealed.
       (B) The table of contents in section 2 of Part I of the 
     Elementary and Secondary Education Act 1965 is amended by 
     striking the items relating to such chapter.
       (2) Existing agreements.--The repeal of chapter A of 
     subpart 1 of Part C of title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) by 
     paragraph (1)(A) shall not affect the validity or terms of 
     any agreement entered into before the date of the enactment 
     of this Act under such chapter, or to pay assistance, make 
     grants, or obtain reimbursement in connection with such an 
     agreement as in effect before such repeal.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning more than 180 days after the date on which the 
     Secretary of Defense provides the appropriate committees of 
     Congress with written notice that the Secretary of Defense 
     has elected to administer the program in accordance with 
     subsection (a), or on such earlier date as the Secretary of 
     Education and the Secretary of Defense may jointly provide.
       (f) Report.--
       (1) In general.--Not later than April 1, 2012, the 
     Secretary of Defense and the Secretary of Education shall 
     jointly submit to the appropriate committees of Congress a 
     report on the Troops-to-Teachers Program. The report shall 
     include the following:
       (A) A summary of the funding of the Troops-to-Teachers 
     Program since its inception and projected funding of the 
     program during the period covered by the future-years defense 
     program submitted to Congress during 2011.
       (B) The number of past participants in the Troops-to-
     Teachers Program by year, the number of past participants who 
     have fulfilled, and have not fulfilled, their service 
     obligation under the program, and the number of waivers of 
     such obligations (and the reasons for such waivers).
       (C) A discussion and assessment of the current and 
     anticipated effects of recent economic circumstances in the 
     United States, and cuts nationwide in State and local 
     budgets, on the ability of participants in the Troops-to-
     Teachers Program to obtain teaching positions.
       (D) A discussion of the youth education goals in the 
     Troops-to-Teachers Program and the record of the program to 
     date in producing teachers in high-need and other eligible 
     schools.
       (E) An assessment of the extent to which the Troops-to-
     Teachers Program achieves its purpose as a military 
     transition assistance program and, in particular, as 
     transition assistance program for members of the Armed Forces 
     who are nearing retirement or who are voluntarily or 
     involuntarily separating from military service.
       (F) An assessment of the performance of the Troops-to-
     Teachers Program in providing qualified teachers to high-need 
     public

[[Page S7767]]

     schools, and reasons for expanding the program to additional 
     school districts.
       (G) A discussion and assessment of the advisability of the 
     administration of the Troops-to-Teachers Program by the 
     Department of Education in consultation with the Department 
     of Defense.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committees on Armed Services and Health, Education, 
     Labor, and Pensions of the Senate; and
       (ii) the Committees on Armed Services and Education and the 
     Workforce of the House of Representatives.
       (B) Troops-to-teachers program.--The term ``Troops-to-
     Teachers Program'' means the Troops-to-Teachers Program under 
     section 1154 of title 10, United States Code (as amended by 
     subsection (b)), as authorized prior to the enactment of this 
     Act by chapter A of subpart 1 of part C of title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671 et seq.).
                                 ______
                                 
  SA 1195. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. REPORT ON EXTENT OF AUTHORIZED ACCESS TO MILITARY 
                   INSTALLATION FOR UNAUTHORIZED MARKETING OF 
                   PRODUCTS AND SERVICES TO MILITARY PERSONNEL.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report setting 
     forth an assessment of the extent to which persons and 
     entities employed by institutions of higher education (for 
     purposes of the Higher Education Act of 1965) who have 
     otherwise authorized access to military installations are 
     engaged in the unauthorized marketing of products and 
     services to members of the Armed Forces through such access.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The assessment described in subsection (a).
       (2) Such recommendations as the Secretary considers 
     appropriate for mechanisms as follows:
       (A) To assist members of the Armed Forces in identifying 
     persons and entities who are engaged in the unauthorized 
     marketing of products and services to members of the Armed 
     Force through otherwise authorized access to military 
     installations.
       (B) To encourage members to report persons and entities who 
     are so engaged to the proper authorities.
                                 ______
                                 
  SA 1196. Mr. FRANKEN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 262. REESTABLISHMENT OF REQUIREMENT FOR ANNUAL REPORTS 
                   ON DEPARTMENT OF DEFENSE EFFORTS AND PROGRAMS 
                   RELATING TO THE PREVENTION, MITIGATION, AND 
                   TREATMENT OF BLAST INJURIES.

       Section 256(h)(1) of the National Defense Authorization Act 
     for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3181; 10 
     U.S.C. 1071 note) is amended by inserting ``and not later 
     than 270 days after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2012, and annually 
     thereafter through 2014,'' after ``through 2008,''.
                                 ______
                                 
  SA 1197. Mr. FRANKEN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 889. TIMELY PAYMENT OF SMALL BUSINESS CONCERNS.

       (a) In General.--Section 15 of the Small Business Act (15 
     U.S.C. 644) is amended by adding at the end the following:
       ``(s) Regulations Relating to Timely Payments.--
       ``(1) Regulations required.--Not later than 1 year after 
     the date of enactment of this subsection, the Director of the 
     Office of Management and Budget, in consultation with the 
     Administrator, shall issue regulations that require any prime 
     contractor awarded a contract by the Federal Government to 
     make timely payments to subcontractors that are small 
     business concerns.
       ``(2) Considerations.--In issuing the regulations under 
     paragraph (1), the Director of the Office of Management and 
     Budget, in consultation with the Administrator, shall 
     consider--
       ``(A) requiring a prime contractor to pay a subcontractor 
     that is a small business concern not later than 30 days after 
     the date on which the prime contractor receives a payment 
     from the Federal Government;
       ``(B) developing--
       ``(i) incentives for prime contractors that pay 
     subcontractors in accordance with the regulations; or
       ``(ii) penalties for prime contractors that do not pay 
     subcontractors in accordance with the regulations; and
       ``(C) requiring that any subcontracting plan under 
     paragraph (4) or (5) of section 8(d) contain a detailed 
     description of when and how each subcontractor will be 
     paid.''.
       (b) Technical and Conforming Amendments.--Section 8(d)(6) 
     of the Small Business Act (15 U.S.C. 638(d)(6)) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) any information required to be included under the 
     regulations issued under section 15(s).''.
                                 ______
                                 
  SA 1198. Mrs. HUTCHISON (for herself, Mr. Johnson of South Dakota, 
Mr. Thune, and Mr. Cornyn) submitted an amendment intended to be 
proposed by her to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 28, strike lines 5 through 13 and insert the 
     following:
       (a) In General.--The Secretary of the Air Force may not 
     retire or prepare to retire any B-1 bomber aircraft until the 
     date that is one year after the date on which the plan 
     described in subsection (b) is received by the congressional 
     defense committees.

       On page 29, strike lines 11 through 23.
                                 ______
                                 
  SA 1199. Mrs. HUTCHISON (for herself, Mr. Blunt, Mr. Manchin, and Mr. 
Chambliss) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:

                       Subtitle E--Army Programs

     SEC. 171. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.

       (a) Maintenance.--The Secretary of the Army shall maintain 
     not less than 42 C-23 aircraft, of which not less than--
       (1) 11 shall be available for the active component of the 
     Army;
       (2) 4 shall be available for training operations; and
       (3) 22 shall be available for domestic operations in the 
     continental United States.
       (b) Limitation on Retirement.--The Secretary of the Army 
     may not retire (or prepare to retire) any C-23 aircraft, or 
     keep any such aircraft in a status considered excess to the 
     requirements of the possessing command and awaiting 
     disposition instructions, until the date that is one year 
     after the date on which each report under subsections (c)(2), 
     (d)(2), and (e)(2) has been received by the congressional 
     defense committees.
       (c) Airlift Study and Report.--
       (1) Study.--The Director of the National Guard Bureau, in 
     consultation with the Chief of Staff of the Army, the Chief 
     of Staff of the Air Force, the Commander of the United States 
     Northern Command, the Commander of the United States Pacific 
     Command, and the Administrator of the Federal Emergency 
     Management Agency, shall conduct a study to determine the 
     number of fixed-wing and rotary-wing aircraft required to 
     support the following missions at low, medium, moderate, 
     high, and very-high levels of operational risk:
       (A) Homeland defense.
       (B) Contingency response.
       (C) Natural disaster-related response.
       (D) Humanitarian response.
       (2) Report.--The Director shall submit to the congressional 
     defense committees a report containing the study under 
     paragraph (1).
       (d) Fleet Viability Assessment.--
       (1) Assessment.--The Secretary of the Army, in coordination 
     with the Director of the Fleet Viability Board of the Air 
     Force, shall conduct a fleet viability assessment with 
     respect to C-23 aircraft.

[[Page S7768]]

       (2) Report.--The Secretary shall submit to the 
     congressional defense committees a report containing the 
     assessment under paragraph (1).
       (e) GAO Sufficiency Review.--
       (1) Review.--The Comptroller General of the United States 
     shall conduct a sufficiency review of the study under 
     subsection (c)(1).
       (2) Report.--Not later than 180 days after the date on 
     which the Director of the National Guard Bureau submits the 
     report under subsection (c)(2), the Comptroller General shall 
     submit to the congressional defense committees a report 
     containing the review under paragraph (1).
                                 ______
                                 
  SA 1200. Mr. CORNYN (for himself, Mr. Menendez, Mr. Inhofe, Mr. 
Lieberman, Mr. Wyden, and Mr. Blumenthal) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1088. SALE OF F-16 AIRCRAFT TO TAIWAN.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Defense, in its 2011 report to 
     Congress on ``Military and Security Developments Involving 
     the People's Republic of China,'' found that ``China 
     continued modernizing its military in 2010, with a focus on 
     Taiwan contingencies, even as cross-Strait relations 
     improved. The PLA seeks the capability to deter Taiwan 
     independence and influence Taiwan to settle the dispute on 
     Beijing's terms. In pursuit of this objective, Beijing is 
     developing capabilities intended to deter, delay, or deny 
     possible U.S. support for the island in the event of 
     conflict. The balance of cross-Strait military forces and 
     capabilities continues to shift in the mainland's favor.'' In 
     this report, the Department of Defense also concludes that, 
     over the next decade, China's air force will remain primarily 
     focused on ``building the capabilities required to pose a 
     credible military threat to Taiwan and U.S. forces in East 
     Asia, deter Taiwan independence, or influence Taiwan to 
     settle the dispute on Beijing's terms''.
       (2) The Defense Intelligence Agency (DIA) conducted a 
     preliminary assessment of the status and capabilities of 
     Taiwan's air force in an unclassified report, dated January 
     21, 2010. The DIA found that, ``[a]lthough Taiwan has nearly 
     400 combat aircraft in service, far fewer of these are 
     operationally capable.'' The report concluded, ``Many of 
     Taiwan's fighter aircraft are close to or beyond service 
     life, and many require extensive maintenance support. The 
     retirement of Mirage and F-5 aircraft will reduce the total 
     size of the Taiwan Air Force.''
       (3) Since 2006, authorities from Taiwan have made repeated 
     requests to purchase 66 F-16C/D multirole fighter aircraft 
     from the United States, in an effort to modernize the air 
     force of Taiwan and maintain its self-defense capability.
       (4) According to a report by the Perryman Group, a private 
     economic research and analysis firm, the requested sale of F-
     16C/Ds to Taiwan ``would generate some $8,700,000,000 in 
     output (gross product) and more than 87,664 person-years of 
     employment in the US,'' including 23,407 direct jobs, while 
     ``economic benefits would likely be realized in 44 states and 
     the District of Columbia''.
       (5) The sale of F-16C/Ds to Taiwan would both sustain 
     existing high-skilled jobs in key United States manufacturing 
     sectors and create new ones.
       (6) On August 1, 2011, a bipartisan group of 181 members of 
     the House of Representatives sent a letter to the President, 
     expressing support for the sale of F-16C/Ds to Taiwan. On May 
     26, 2011, a bipartisan group of 45 members of the Senate sent 
     a similar letter to the President, expressing support for the 
     sale. Two other members of the Senate wrote separately to the 
     President or the Secretary of State in 2011 and expressed 
     support for this sale.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) a critical element to maintaining peace and stability 
     in Asia in the face of China's two-decade-long program of 
     military modernization and expansion of military capabilities 
     is ensuring a militarily strong and confident Taiwan;
       (2) a Taiwan that is confident in its ability to deter 
     Chinese aggression will increase its ability to proceed in 
     developing peaceful relations with China in areas of mutual 
     interest;
       (3) the cross-Strait military balance between China and our 
     longstanding strategic partner, Taiwan, has clearly shifted 
     in China's favor;
       (4) China's military expansion poses a clear and present 
     danger to Taiwan, and this threat has very serious 
     implications for the ability of the United States to fulfill 
     its security obligations to allies in the region and protect 
     our vital United States national interests in East Asia;
       (5) Taiwan's air force continues to deteriorate, and it 
     needs additional advanced multirole fighter aircraft in order 
     to modernize its fleet and maintain a sufficient self-defense 
     capability;
       (6) the United States has a statutory obligation under the 
     Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide 
     Taiwan the defense articles necessary to enable Taiwan to 
     maintain sufficient self-defense capabilities, in furtherance 
     of maintaining peace and stability in the western Pacific 
     region;
       (7) in order to comply with the Taiwan Relations Act, the 
     United States must provide Taiwan with additional advanced 
     multirole fighter aircraft, as well as significant upgrades 
     to Taiwan's existing fleet of multirole fighter aircraft; and
       (8) the proposed sale of F-16C/D multirole fighter aircraft 
     to Taiwan would have significant economic benefits to the 
     United States economy.
       (c) Sale of Aircraft.--The President shall carry out the 
     sale of no fewer than 66 F-16C/D multirole fighter aircraft 
     to Taiwan.
                                 ______
                                 
  SA 1201 Mr. WEBB submitted an amendment intended to be proposed to 
amendment SA 1072 submitted by Mr. Leahy (for himself, Mr. Graham, Mr. 
Rockefeller, Ms. Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. 
Begich, Mr. Bennet, Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. 
Boozman, Mrs. Boxer, Mr. Brown of Massachusetts, Mr. Brown of Ohio, Mr. 
Burr, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. 
Conrad, Mr. Coons, Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. 
Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. 
Harkin, Mr. Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, 
Mr. Johnson of Wisconsin, Mr. Johnson of South Dakota, Ms. Klobuchar, 
Ms. Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs. 
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs. 
Murray, Mr. Nelson of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr. 
Schumer, Mrs. Shaheen, Ms. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall 
of Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr. 
Toomey, and Mr. Kerry) to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

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

                   TITLE XVI--NATIONAL GUARD MATTERS

     SEC. 1601. REPORT ON NATIONAL GUARD EMPOWERMENT.

       (a) Independent Study Required.--The Secretary of Defense 
     shall provide for the conduct of an independent study on the 
     advisability of making the Chief of the National Guard Bureau 
     a member of the Joint Chiefs of Staff.
       (b) Elements.--The Secretary shall ensure that the 
     independent study group conducting the study required by 
     subsection (a) considers the near-term and long-range 
     implications associated with making an advisor to the 
     Secretary of the Air Force and the Secretary of the Army on 
     matters relating to the reserve components of the Armed 
     Forces a member of the Joint Chiefs of Staff. The study shall 
     encompass, but not necessarily be limited to, the following 
     considerations:
       (1) The roles and functions of the Joint Chiefs of Staff.
       (2) The roles and functions of the Army National Guard, the 
     Air National Guard, the Army National Guard of the United 
     States, and the Air National Guard of the United States.
       (3) The roles and functions of the Chief of the National 
     Guard Bureau.
       (4) The effects on the principle of civilian control of the 
     military and accountability in adding a member to the Joint 
     Chiefs of Staff who is not subject to the oversight of a 
     single appointed and confirmed Secretary of a military 
     department.
       (5) The precedent and potential long-term implications of 
     adding a member to the Joint Chiefs of Staff who is not the 
     chief of an Armed Force.
       (6) The impact, if any, on the deliberations of the Joint 
     Chiefs of Staff of including a member who has been 
     recommended for appointment as the Chief of the National 
     Guard Bureau by the governor of a State.
       (7) The effects on the principles of unity of command and 
     unity of effort for the Department of the Army and the 
     Department of the Air Force.
       (8) The potential for confusing lines of authority and 
     representation under title 10, United States Code, already in 
     place for the Chief of Staff of the Army and the Chief of 
     Staff of the Air Force in meeting their responsibilities as 
     members of the Joint Chiefs of Staff.
       (9) The effects of altering the current statutory balance 
     for representation by each branch of the Armed Forces on the 
     Joint Chiefs of Staff by altering their statutory 
     representation and the possible consequences for intra-
     service and inter-service integration, progress toward more 
     effective

[[Page S7769]]

     jointness, and efforts to improve interoperability.
       (10) The findings and recommendations contained in the 
     reports issued by the Commission on the National Guard and 
     Reserves.
       (11) The transition of the National Guard from a strategic 
     reserve force to an operational reserve force for the All-
     Volunteer Force.
       (12) Possible impacts on the other reserve components of 
     the Armed Forces, including perceptions regarding the Chief 
     of the National Guard Bureau having added responsibilities 
     assigned as a member of the Joint Chiefs of Staff.
       (13) The extent to which the existing statutory role of the 
     Chief of the National Guard as advisor to the Secretary of 
     Defense is sufficient for all matters involving 
     nonfederalized National Guard forces.
       (14) The qualifications of the Chief of the National Guard 
     Bureau to provide requisite insight into all levels of 
     strategic planning as a member of the Joint Chiefs of Staff, 
     and the risk of diluting understanding in the Armed Forces of 
     the principle of supporting and supported command 
     relationships.
       (c) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the study 
     required by subsection (a). The report shall set forth the 
     results of the study, including the matters specified in 
     subsection (b), and include such comments and recommendations 
     in light of the results of the study as the Secretary 
     considers appropriate.
                                 ______
                                 
  SA 1202. Mr. UDALL of New Mexico (for himself and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 827. APPLICABILITY OF BUY AMERICAN ACT TO PROCUREMENT OF 
                   PHOTOVOLTAIC DEVICES BY DEPARTMENT OF DEFENSE.

       (a) In General.--Section 2534 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(k) Procurement of Photovoltaic Devices.--
       ``(1) Contract requirement.--The Secretary of Defense shall 
     ensure that each contract described in paragraph (2) awarded 
     by the Department of Defense includes a provision requiring 
     any photovoltaic devices installed pursuant to the contract, 
     or pursuant to a subcontract under the contract, to comply 
     with the provisions of chapter 83 of title 41 (commonly known 
     as the `Buy American Act'), without regard to whether the 
     contract results in ownership of the photovoltaic devices by 
     the Department.
       ``(2) Contracts described.--The contracts described in this 
     paragraph include energy savings performance contracts, 
     utility service contracts, power purchase agreements, land 
     leases, and private housing contracts pursuant to which any 
     photovoltaic devices are installed on property or in a 
     facility--
       ``(A) owned by the Department of Defense;
       ``(B) leased to the Department of Defense; or
       ``(C) with respect to which the Secretary of the military 
     department concerned has exercised any authority provided 
     under subchapter IV of chapter 169 of this title (relating to 
     alternative authority for the acquisition and improvement of 
     military housing).
       ``(3) Consistency with international obligations.--
     Paragraph (1) shall be applied in a manner consistent with 
     the obligations of the United States under international 
     agreements.
       ``(4) Definition of photovoltaic devices.--In this 
     subsection, the term `photovoltaic devices' means devices 
     that convert light directly into electricity.
       ``(5) Effective date.--This subsection applies to 
     photovoltaic devices procured or installed on or after the 
     date that is 30 days after the date of the enactment of the 
     National Defense Authorization Act for Fiscal Year 2012 
     pursuant to contracts entered into before, on, or after such 
     date of enactment.''.
       (b) Conforming Repeal.--Section 846 of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 2534 note) is repealed.
                                 ______
                                 
  SA 1203. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follow:

       On page 65, strike lines 20 through 23 and insert the 
     following:
       (b) Definition of Renewable Energy Source.--Section 
     2911(e)(2)(A) of title 10, United States Code, is amended by 
     inserting ``, including electricity and direct use'' before 
     the period at the end.
                                 ______
                                 
  SA 1204. Mr. REED (for himself, Ms. Ayotte, Mr. Blumenthal, Mr. 
Whitehouse, Mrs. Gillibrand, Mr. Leahy, and Mr. Brown of Massachusetts) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follow:

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

     SEC. 723. PILOT PROGRAM ON ENHANCEMENTS OF DEPARTMENT OF 
                   DEFENSE EFFORTS ON MENTAL HEALTH IN THE 
                   NATIONAL GUARD AND RESERVES THROUGH COMMUNITY 
                   PARTNERSHIPS.

       (a) Pilot Program Authorized.--
       (1) In general.--The Secretary of Defense may carry out a 
     pilot program to assess the feasibility and advisability of 
     enhancing the efforts of the Department of Defense in 
     research, treatment, education, and outreach on mental health 
     and substance use disorders and Traumatic Brain Injury (TBI) 
     in members of the National Guard and Reserves, their family 
     members, and their caregivers through community partners 
     described in subsection (c).
       (2) Duration.--The duration of the pilot program may not 
     exceed three years.
       (b) Grants.--In carrying out the pilot program, the 
     Secretary may award not more than five grants to community 
     partners described in subsection (c). Any grant so awarded 
     shall be awarded using a competitive and merit-based award 
     process.
       (c) Community Partners.--A community partner described in 
     this subsection is a private non-profit organization or 
     institution (or multiple organizations and institutions) 
     that--
       (1) engages in each of the research, treatment, education, 
     and outreach activities described in subsection (d); and
       (2) meets such qualifications for treatment as a community 
     partner as the Secretary shall establish for purposes of the 
     pilot program.
       (d) Activities.--Amounts awarded under a grant under the 
     pilot program shall be utilized by the community partner 
     awarded the grant for one or more of the following:
       (1) To engage in research on the causes, development, and 
     innovative treatment of mental health and substance use 
     disorders and Traumatic Brain Injury in members of the 
     National Guard and Reserves, their family members, and their 
     caregivers.
       (2) To provide treatment to such members and their families 
     for such mental health and substance use disorders and 
     Traumatic Brain Injury.
       (3) To identify and disseminate evidence-based treatments 
     of mental health and substance use disorders and Traumatic 
     Brain Injury described in paragraph (1).
       (4) To provide outreach and education to such members, 
     their families and caregivers, and the public about mental 
     health and substance use disorders and Traumatic Brain Injury 
     described in paragraph (1).
       (e) Requirement for Matching Funds.--
       (1) Requirement.--The Secretary may award a grant under 
     this section to an organization or institution (or 
     organizations and institutions) only if the awardee agrees to 
     make contributions toward the costs of activities carried out 
     with the grant, from non-Federal sources (whether public or 
     private), an amount equal to not less than $3 for each $1 of 
     funds provided under the grant.
       (2) Nature of non-federal contributions.--Contributions 
     from non-Federal sources for purposes of paragraph (1) may be 
     in cash or in-kind, fairly evaluated. Amounts provided by the 
     Federal Government, or services assisted or subsidized to any 
     significant extent by the Federal Government, may not be 
     included in determining the amount of contributions from non-
     Federal sources for such purposes.
       (f) Application.--An organization or institution (or 
     organizations and institutions) seeking a grant under this 
     section shall submit to the Secretary an application 
     therefore in such a form and containing such information as 
     the Secretary considers appropriate, including the following:
       (1) A description how the activities proposed to be carried 
     out with the grant will help improve collaboration and 
     coordination on research initiatives, treatment, and 
     education and outreach on mental health and substance use 
     disorders and Traumatic Brain Injury among the Armed Forces.
       (2) A description of existing efforts by the applicant to 
     put the research described in (c)(1) into practice.
       (3) If the application comes from multiple organizations 
     and institutions, how the activities proposed to be carried 
     out with the grant would improve coordination and 
     collaboration among such organizations and institutions.
       (4) If the applicant proposes to provide services or 
     treatment to members of the Armed Forces or family members 
     using grant amounts, reasonable assurances that such services 
     or treatment will be provided by a qualified provider.
       (5) Plans to comply with subsection (g).

[[Page S7770]]

       (g) Exchange of Medical and Clinical Information.--A 
     community partner awarded a grant under the pilot program 
     shall agree to any requirements for the sharing of medical or 
     clinical information obtained pursuant to the grant that the 
     Secretary shall establish for purposes of the pilot program. 
     The exchange of medical or clinical information pursuant to 
     this subsection shall comply with applicable privacy and 
     confidentiality laws.
       (h) Dissemination of Information.--The Secretary of Defense 
     shall share with the Secretary of Veterans Affairs 
     information on best practices in research, treatment, 
     education, and outreach on mental health and substance use 
     disorders and Traumatic Brain Injury identified by the 
     Secretary of Defense as a result of the pilot program.
       (i) Report.--Not later than 180 days before the completion 
     of the pilot program, the Secretary of Defense shall submit 
     to the Secretary of Veterans Affairs, and to Congress, a 
     report on the pilot program. The report shall include the 
     following:
       (1) A description of the pilot program, including the 
     community partners awarded grants under the pilot program, 
     the amount of grants so awarded, and the activities carried 
     out using such grant amounts.
       (2) A description of any research efforts advanced using 
     such grant amounts.
       (3) The number of members of the National Guard and 
     Reserves provided treatment or services by community partners 
     using such grant amounts, and a summary of the types of 
     treatment and services so provided.
       (4) A description of the education and outreach activities 
     undertaken using such grant amounts.
       (5) A description of efforts to exchange clinical 
     information under subsection (g).
       (6) A description and assessment of the effectiveness and 
     achievements of the pilot program with respect to research, 
     treatment, education, and outreach on mental health and 
     substance use disorders and Traumatic Brain Injury.
       (7) Such recommendations as the Secretary of Defense 
     considers appropriate in light of the pilot program on the 
     utilization of organizations and institutions such as 
     community partners under the pilot program in efforts of the 
     Department described in subsection (a).
       (8) A description of the metrics used by the Secretary in 
     making recommendations under paragraph (7).
       (j) Available Funds.--Funds for the pilot program shall be 
     derived from amounts authorized to be appropriated for the 
     Department of Defense for Defense Health Program and 
     otherwise available for obligation and expenditure.
       (k) Definitions.--In this section, the terms ``family 
     member'' and ``caregiver'', in the case of a member of the 
     National Guard or Reserves, have the meaning given such terms 
     in section 1720G(d) of title 38, United States Code, with 
     respect to a veteran.
                                 ______
                                 
  SA 1205. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE 
                   RETIRED PAY BY RETIRED MEMBERS OF THE RESERVES 
                   ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR 
                   SIGNIFICANT PERIODS.

       (a) Eligibility for Non-regular Service Retired Pay.--
     Section 12731(f)(2) of title 10, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``Ready Reserve'' and 
     inserting ``Reserves''; and
       (2) in subparagraph (B)(i), by inserting ``or section 
     688a'' after ``section 12301(d)''.
       (b) Retroactive Effective Date.--The amendments made by 
     subsection (a) shall take effect as of January 28, 2008, and 
     as if included in the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181) as enacted.
                                 ______
                                 
  SA 1206. Mrs. BOXER (for herself, Mr. Grassley, Mr. Rockefeller, Mrs. 
McCaskill, Mr. Akaka, Mr. Franken, and Mr. Brown of Ohio) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 842 of division A and insert the following:

     SEC. 842. LIMITATION ON DEFENSE CONTRACTOR COMPENSATION.

       Section 2324(e)(1)(P) of title 10, United States Code, is 
     amended to read as follows:
       ``(P) Costs of compensation of contractor and subcontractor 
     employees for a fiscal year, regardless of the contract 
     funding source, to the extent that such compensation exceeds 
     the annual amount paid to the President of the United States 
     in accordance with section 102 of title 3.''.
                                 ______
                                 
  SA 1207. Mr. COBURN (for himself, Mr. Levin, and Mr. McCain) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1080. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS 
                   ON THE MAJOR AUTOMATED INFORMATION SYSTEM 
                   PROGRAMS OF THE DEPARTMENT OF DEFENSE.

       (a) Assessment Reports Required.--
       (1) In general.--Not later than March 30 of each year from 
     2013 through 2018, the Comptroller General of the United 
     States shall submit to the appropriate committees of Congress 
     a report setting forth an assessment of the performance of 
     the major automated information system programs of the 
     Department of Defense.
       (2) Elements.--Each report under subsection (a) shall 
     include the following:
       (A) An assessment by the Comptroller General of the cost, 
     schedule, and performance of a representative variety of 
     major automated information system programs selected by the 
     Comptroller General for purposes of such report.
       (B) An assessment by the Comptroller General of the level 
     of risk associated with the programs selected under 
     subparagraph (A) for purposes of such report, and a 
     description of the actions taken by the Department to manage 
     or reduce such risk.
       (C) An assessment by the Comptroller General of the extent 
     to which the programs selected under subparagraph (A) for 
     purposes of such report employ best practices for the 
     acquisition of information technology systems, as identified 
     by the Comptroller General, the Defense Science Board, and 
     the Department.
       (b) Preliminary Report.--
       (1) In general.--Not later than September 30, 2012, the 
     Comptroller General shall submit to the appropriate 
     committees of Congress a report setting forth the following:
       (A) The metrics to be used by the Comptroller General for 
     the reports submitted under subsection (a).
       (B) A preliminary assessment on the matters set forth under 
     subsection (a)(2).
       (2) Briefings.--In developing metrics for purposes of the 
     report required by paragraph (1)(A), the Comptroller General 
     shall provide the appropriate committees of Congress with 
     periodic briefings on the development of such metrics.
       (c) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Oversight and Government Reform, and the Committee on 
     Appropriations of the House of Representatives.
       (2) The term ``major automated information system program'' 
     has the meaning given that term in section 2445a of title 10, 
     United States Code.
                                 ______
                                 
  SA 1208. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       In title III, in the matter under the heading ``Energy 
     Efficiency and Renewable Energy'', before the period at the 
     end, insert ``: Provided further, That, within available 
     funds under this heading, the Secretary of Energy shall use 
     not less than $20,000,000 for the Energy Innovation Hub for 
     Critical Materials, including research focused on rare 
     earths, rare earth substitutes, and related materials, on 
     refining, recycling, minimizing, and alloying rare earths and 
     related materials, and on use of rare earths and related 
     materials in electronics, energy, and information and related 
     technologies and systems''.
                                 ______
                                 
  SA 1209. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. ___. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--

[[Page S7771]]

       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1),''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--The sections and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
                                 ______
                                 
  SA 1210. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 1024. ASSESSMENT OF STATIONING OF ADDITIONAL DDG-51 
                   CLASS DESTROYERS AT NAVAL STATION MAYPORT, 
                   FLORIDA.

       (a) Navy Assessment Required.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of the Navy shall 
     conduct an analysis of the costs and benefits of stationing 
     additional DDG-51 class destroyers at Naval Station Mayport, 
     Florida.
       (2) Elements.--The analysis required by paragraph (1) shall 
     include, at a minimum, the following:
       (A) Consideration of the negative effects on the ship 
     repair industrial base at Naval Station Mayport caused by the 
     retirement of FFG-7 class frigates and the procurement delays 
     of the Littoral Combat Ship, including, in particular, the 
     increase in costs (which would be passed on to the taxpayer) 
     of reconstituting the ship repair industrial base at Naval 
     Station Mayport following the projected drastic decrease in 
     workload.
       (B) Updated consideration of life extensions of FFG-7 class 
     frigates in light of continued delays in deliveries of the 
     Littoral Combat Ship deliveries.
       (C) Consideration of the possibility of bringing additional 
     surface warships to Naval Station Mayport for maintenance 
     with the consequence of spreading the ship repair workload 
     appropriately amongst the various public and private 
     shipyards and ensuring the long-term health of the shipyard 
     in Mayport.
       (b) Comptroller General of the United States Assessment.--
     Not later than 120 days after the submittal of the report 
     required by subsection (a), the Comptroller General of the 
     United States shall submit to Congress an assessment by the 
     Comptroller General of the report, including a determination 
     whether or not the report complies with applicable best 
     practices.
                                 ______
                                 
  SA 1211. Mrs. GILLIBRAND (for herself and Mr. Blunt) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 577. SUPPORT FOR NATIONAL GUARD COUNSELING AND 
                   REINTEGRATION SERVICES.

       (a) Assistance Authorized.--The Secretary of Defense may 
     provide assistance to a State National Guard to support 
     programs to provide pre-deployment and post-deployment 
     outreach, reintegration, and readjustment services to the 
     following persons:
       (1) Members of reserve components of the Armed Forces who 
     reside in the State or are members of the State National 
     Guard regardless of place of residence and who are ordered to 
     active duty in support of a contingency operation.
       (2) Members described in paragraph (1) upon their return 
     from such active duty.
       (3) Veterans (as defined in section 101(2) of title 38, 
     United States Code).
       (4) Dependents of persons described in paragraph (1), (2), 
     or (3).
       (b) Elements of Programs.--Programs supported under 
     subsection (a) shall use direct person-to-person outreach and 
     other relevant activities to ensure that eligible persons 
     receive all the services and support available to them during 
     pre-deployment, deployment, and reintegration periods.
       (c) Merit-Based or Competitive Decisions.--A decision to 
     commit, obligate, or expend funds with or to a specific State 
     National Guard under subsection (a) shall--
       (1) be based on merit-based selection procedures in 
     accordance with the requirements of sections 2304(k) and 2374 
     of title 10, United States Code, or on competitive 
     procedures; and
       (2) comply with other applicable provisions of law.
       (d) State Defined.--In this section, the term ``State'' 
     means each of the several States, the Commonwealth of Puerto 
     Rico, the District of Columbia, Guam, and the Virgin Islands.
       (e) Funding.--
       (1) Funds available.--The amount authorized to be 
     appropriated by section 301 and available for operation and 
     maintenance for the Army National Guard as specified in the 
     funding table in section 4301 is hereby increased by 
     $70,000,000, with the amount of the increase to be available 
     for assistance authorized by this section.
       (2) Offsets.--(A) The amount authorized to be appropriated 
     by section 301 and available for operation and maintenance 
     for the Army as specified in the funding table in section 
     4301 is hereby reduced by $33,400,000, with the amount of the 
     reduction to be allocated to amounts otherwise available for 
     the Army for recruiting and advertising.
       (B) The amount authorized to be appropriated by section 301 
     and available for operation and maintenance for the Navy as 
     specified in the funding table in section 4301 is hereby 
     reduced by $16,200,000, with the amount of the reduction to 
     be allocated to amounts otherwise available for the Navy for 
     recruiting and advertising.
       (C) The amount authorized to be appropriated by section 301 
     and available for operation and maintenance for the Marine 
     Corps as specified in the funding table in section 4301 is 
     hereby reduced by $11,700,000, with the amount of the 
     reduction to be allocated to amounts otherwise available for 
     the Marine Corps for recruiting and advertising.
       (D) The amount authorized to be appropriated by section 301 
     and available for operation and maintenance for the Air Force 
     as specified in the funding table in section 4301 is hereby 
     reduced by $8,700,000, with the amount of the reduction to be 
     allocated to amounts otherwise available for the Air Force 
     for recruiting and advertising.
                                 ______
                                 
  SA 1212. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal

[[Page S7772]]

year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

     SEC. 515. NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

       (a) State Partnership Program.--
       (1) In general.--Chapter 1 of title 32, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 116. State Partnership Program

       ``(a) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense, including for the 
     Air and Army National Guard, shall be available for the 
     payment of costs to conduct activities under the State 
     Partnership Program, whether inside the United States or 
     outside the United States, for purposes as follows:
       ``(A) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     contacts and activities are conducted.
       ``(B) To support the objectives of the United States chief 
     of mission of the partner nation with which contacts and 
     activities are conducted.
       ``(C) To build international partnerships and defense and 
     security capacity.
       ``(D) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments to support building of defense and 
     security capacity.
       ``(E) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments in the 
     areas of defense and security.
       ``(F) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(2) Costs under paragraph (1) may include costs as 
     follows:
       ``(A) Costs of pay and allowances of members of the 
     National Guard.
       ``(B) Travel and necessary expenses of United States 
     personnel outside of the Department of Defense in the State 
     Partnership Program.
       ``(C) Travel and necessary expenses of foreign participants 
     directly supporting activities under the State Partnership 
     Program.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for activities described in that subsection 
     that are conducted in a foreign country unless jointly 
     approved by the commander of the combatant command concerned 
     and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     activities described in that subsection in a foreign country 
     unless the member is on active duty in the armed forces at 
     the time of such participation.
       ``(3) Funds shall not be available under subsection (a) for 
     interagency activities involving United States civilian 
     personnel or foreign civilian personnel unless the 
     participation of such personnel in such activities--
       ``(A) contributes to responsible management of defense 
     resources;
       ``(B) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(C) contributes to cooperation between United States 
     military and civilian governmental agencies and foreign 
     military and civilian government agencies; or
       ``(D) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(c) Reimbursement.--In the event of the participation of 
     United States Government participants (other than personnel 
     of the Department of Defense) in activities for which payment 
     is made under subsection (a), the head of the department or 
     agency concerned shall reimburse the Secretary of Defense for 
     the costs associated with the participation of such personnel 
     in such contacts and activities. Amounts reimbursed the 
     Department of Defense under this subsection shall be 
     deposited in the appropriation or account from which amounts 
     for the payment concerned were derived. Any amounts so 
     deposited shall be merged with amounts in such appropriation 
     or account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such appropriation or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `State Partnership Program' means a program 
     that establishes a defense and security relationship between 
     the National Guard of a State or territory and the military 
     and security forces, and related disaster management, 
     emergency response, and security ministries, of a foreign 
     country.
       ``(2) The term `activities', for purposes of the State 
     Partnership Program, means any military-to-military 
     activities or interagency activities for a purpose set forth 
     in subsection (a)(1).
       ``(3) The term `interagency activities' means the 
     following:
       ``(A) Contacts between members of the National Guard and 
     foreign civilian personnel outside the ministry of defense of 
     the foreign country concerned on matters within the core 
     competencies of the National Guard.
       ``(B) Contacts between United States civilian personnel and 
     members of the Armed Forces of a foreign country on matters 
     within such core competencies.
       ``(4) The term `matter within the core competencies of the 
     National Guard' means matters with respect to the following:
       ``(A) Disaster response and mitigation.
       ``(B) Defense support to civil authorities.
       ``(C) Consequence management and installation protection.
       ``(D) Response to a chemical, biological, radiological, 
     nuclear, or explosives (CBRNE) event.
       ``(E) Border and port security and cooperation with 
     civilian law enforcement.
       ``(F) Search and rescue.
       ``(G) Medicine.
       ``(H) Counterdrug and counternarcotics activities.
       ``(I) Public affairs.
       ``(J) Employer support and family support for reserve 
     forces.
       ``(5) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch of 
     the United States Government.
       ``(C) Non-governmental individuals.
       ``(6) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of a foreign government at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Non-governmental individuals of a foreign country.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by adding at 
     the end the following new item:

``116. State Partnership Program.''.
       (b) Repeal of Superseded Authority.--Section 1210 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is 
     repealed.
                                 ______
                                 
  SA 1213. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. SENSE OF CONGRESS ON THE IMPORTANCE OF COMBATING 
                   CERTAIN THREATS AGAINST MILITARY UNITS AND 
                   FACILITIES IN THE UNITED STATES.

       (a) Findings.--Congress makes the following findings:
       (1) Improvised Explosive Devices (IEDs) and Vehicle Born 
     Improvised Explosive Devices (VBIEDs) are being increasingly 
     employed by terrorists and other adversaries against our 
     forces around the world.
       (2) The IED and VBIED will continue to be a threat even 
     after the current operations in Iraq and Afghanistan are 
     complete.
       (3) Terrorist organizations, hybrid threat organizations, 
     and other adversaries plan to use IEDs and VBIEDs against our 
     military units and facilities within the United States.
       (4) Such a strategy would degrade our ability to project 
     forces to respond to contingencies around the world.
       (5) The Joint Improvised Explosive Defeat Organization 
     (JIEDDO) has proven to be very effective at combating the 
     threat to our military overseas in support of our combatant 
     commanders.
       (6) The success of JIEDDO is based on its methodology of 
     defeat the device, attack the enemy networks, and train 
     friendly forces; its broad authority to hasten innovations to 
     the combat units; and its ability to fuse intelligence from 
     across the intelligence community.
       (7) JIEDDO's methodology could be leveraged by utilizing 
     its intelligence fusion capability and its training 
     capability against threats within the United States.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Department of Defense should leverage JIEDDO's 
     capability and authority to combat terrorist organizations 
     targeting the Armed Forces and facilities in the United 
     States; and
       (2) the Department of Defense should look at expanding 
     JIEDDO's mandate to allow it to cooperate with agencies 
     responsible for the protection of the United States, 
     including the Department of Homeland Security, U.S. Customs 
     and Border Protection, the Federal Bureau of Investigation, 
     the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and 
     Federal, State, and local law enforcement.
                                 ______
                                 
  SA 1214. Ms. SNOWE (for herself, Ms. Collins, Mrs. Murray, Ms. 
Mikulski, and Mr. Cardin) submitted an amendment intended to be 
proposed by her to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

[[Page S7773]]

     SEC. 705. INTEGRATED CARE MANAGEMENT OPTIONS UNDER THE 
                   UNIFORMED SERVICES FAMILY HEALTH PLAN.

       (a) Report on Strategy for Integrated Care Management 
     Options.--
       (1) In general.--Not later than June 1, 2012, the Secretary 
     of Defense shall, in conjunction with the Secretary of Health 
     and Human Services and the designated providers under the 
     uniformed services family health plan (USFHP), submit to 
     Congress a report setting forth a strategy for providing 
     integrated care management options for individuals who would 
     otherwise qualify as covered beneficiaries under section 724 
     of the National Defense Authorization Act for Fiscal Year 
     1997 (10 U.S.C.1073 note), without regard to the amendments 
     made by section 703 of this Act, utilizing appropriate 
     elements of the uniformed services family health plan, 
     TRICARE for Life, and the Medicare program.
       (2) Elements.--The strategy required by this subsection 
     shall include the following:
       (A) Mechanisms for ensuring an adequate population base to 
     sustain the uniformed services family health plan, including 
     the termination of restrictions on enrollment of covered 
     beneficiaries under the age of 65 if considered feasible for 
     that purpose.
       (B) Mechanisms (including the utilization of demonstration 
     projects currently authorized by law) to permit covered 
     beneficiaries who are also eligible for the Medicare program 
     to receive integrated and coordinated care through the 
     uniformed services family health plan, including mechanisms--
       (i) to secure greater continuity of care for such 
     beneficiaries who also have access to health care benefits 
     through TRICARE for Life;
       (ii) to improve coordination and integration of health care 
     management for such beneficiaries who also have access to 
     health care benefits through TRICARE for Life; and
       (iii) to utilize innovative care management strategies to 
     improve quality and health outcomes, and reduce unneeded 
     utilization of health care services on a long-term, 
     sustainable basis.
       (C) Specific actions for the Department of Defense, and 
     other departments and agencies of the Federal Government, to 
     carry out the strategy.
       (D) Specific milestones to evaluate progress in carrying 
     out the actions specified under subparagraph (C), and to 
     determine accountability for meeting such milestones.
       (E) An identification of current authorities to be used in 
     carrying out the strategy, and a description of any 
     additional authorities considered advisable to carry out the 
     strategy.
       (b) Report on Actions Regarding Integrated Care Management 
     Options.--Not later than one year after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     conjunction with the Secretary of Health and Human Services, 
     submit to the President and Congress a report that describes 
     the activities and efforts of the Department of Defense and 
     the Department of Health and Human Services in developing and 
     evaluating integrated care management options for individuals 
     who would otherwise qualify as covered beneficiaries under 
     section 724 of the National Defense Authorization Act for 
     Fiscal Year 1997, without regard to the amendment made by 
     section 703 of this Act, through the uniformed services 
     family health plan, in conjunction with TRICARE for Life and 
     the Medicare program.
       (c) Modification of Effective Date of Transition Enrollment 
     Limitations.--Notwithstanding the effective date of September 
     30, 2011, otherwise specified in paragraph (2) of section 
     724(e) of the National Defense Authorization Act for Fiscal 
     Year 1997, as added by section 703(2) of this Act, the 
     effective date of such paragraph shall be the later of--
       (1) the date of the submittal to Congress of the report 
     required by subsection (b) of this section; or
       (2) the date that is one year after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1215. Mr. CASEY (for himself, Mr. Barrasso, Mr. Blumenthal, Mr. 
Bennet, and Mr. Whitehouse) proposed an amendment to the bill S. 1867, 
to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

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

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

       (a) Certification Requirement.--
       (1) In general.--None of the amounts authorized to be 
     appropriated under this Act for the Pakistan 
     Counterinsurgency Fund may be made for the Government of 
     Pakistan until the Secretary of Defense, in consultation with 
     the Secretary of State, certifies to the congressional 
     defense committees and the Committee on Foreign Relations of 
     the Senate and the Committee on Foreign Affairs of the House 
     of Representatives that the Government of Pakistan is 
     demonstrating a continuing commitment to and is making 
     significant efforts towards the implementation of a strategy 
     to counter improvised explosive devices (IEDs).
       (2) Significant implementation efforts.--For purposes of 
     this subsection, significant implementation efforts include 
     attacking IED networks, monitoring of known precursors used 
     in IEDs, and the development of a strict protocol for the 
     manufacture of explosive materials, including calcium 
     ammonium nitrate, and accessories and their supply to 
     legitimate end users.
       (b) Waiver.--The Secretary of Defense, in consultation with 
     the Secretary of State, may waive the requirements of 
     subsection (a) if the Secretary determines it is in the 
     national security interest of the United States to do so.
                                 ______
                                 
  SA 1216. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION 
                   OF THE ARMED FORCES INSTITUTE OF PATHOLOGY 
                   UNDER DEFENSE BASE CLOSURE AND REALIGNMENT.

       Section 177 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) by striking ``which sponsor individual registries of 
     pathology at the Armed Forces Institute of Pathology'' and 
     inserting ``that support the activities of the American 
     Registry of Pathology''; and
       (ii) by striking the second sentence; and
       (B) in paragraph (3), by striking ``with the concurrence of 
     the Director of the Armed Forces Institute of Pathology'';
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``enter into contracts 
     with the Armed Forces Institute of Pathology'' and inserting 
     ``enter into contracts with any executive agency that 
     provides medical or pathology services to military personnel 
     or military organizations or that conducts research, 
     education, or consultation in the field of military 
     medicine''; and
       (B) in paragraph (4), by inserting ``and Repositories of 
     Pathology'' after ``Registries of Pathology''; and
       (3) in subsection (d), by striking ``to the Director and 
     the Board of Governors of the Armed Forces Institute of 
     Pathology and to the sponsors'' and inserting ``to its Board 
     and supporting organizations''.
                                 ______
                                 
  SA 1217. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS 
                   OF CERTAIN ACTIVE DUTY OR ACTIVE SERVICE TO 
                   REDUCE ELIGIBILITY AGE FOR RETIREMENT FOR NON-
                   REGULAR SERVICE.

       (a) Accumulation of 90-Day Periods of Service Within Any 
     Two Consecutive Fiscal Years.--Section 12731(f)(2)(A) of 
     title 10, United States Code, is amended by striking ``in any 
     fiscal year'' and inserting ``in any two consecutive fiscal 
     years''.
       (b) Retroactive Effective Date.--The amendment made by 
     subsection (a) shall take effect as of January 28, 2008, and 
     as if included in the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181) as enacted.
                                 ______
                                 
  SA 1218. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1080. REPORT ON EXTENSION OF AUTHORITY FOR USE OF 
                   COMMISSARY AND EXCHANGE STORES TO VETERANS WITH 
                   CERTAIN SERVICE-CONNECTED DISABILITIES.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the appropriate committees of Congress a 
     report setting forth an assessment of the feasability and 
     advisability of permitting each category of veterans 
     specified in subsection (b) to use the commissary and 
     exchange stores of the Department of Defense on the same 
     basis as veterans with service-

[[Page S7774]]

     connected disabilities rated as 100 percent disabling. For 
     each category of veterans the report shall set forth the 
     following:
       (1) An estimate of the cost of permitting such category of 
     veterans access to commissary and exchange stores.
       (2) An estimate of the number of veterans in such category 
     likely to use the commissary and exchange stores if permitted 
     access.
       (3) An assessment of the effects on the services and 
     operations of the commissary and exchange stores of the use 
     of such stores by such category of veterans.
       (b) Categories of Veterans.--The categories of veterans 
     specified in this subsection are the following:
       (1) Veterans with service-connected disabilities rated as 
     70 percent or more disabling.
       (2) Veterans with service-connected disabilities rated as 
     50 percent or more disabling.
       (3) Veterans with service-connected disabilities rated as 
     30 percent or more disabling.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 1219. Mr. LEVIN (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, 
                   MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO 
                   ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE 
                   TO A MAJOR DISASTER OR EMERGENCY.

       (a) Authority.--
       (1) In general.--Chapter 1209 of title 10, United States 
     Code, as amended by section 511(a)(1), is further amended by 
     inserting after section 12304a the following new section:

     ``Sec. 12304b. Army Reserve, Navy Reserve, Marine Corps 
       Reserve, and Air Force Reserve: order to active duty to 
       provide assistance in response to a major disaster or 
       emergency

       ``(a) Authority.--When a Governor requests Federal 
     assistance in responding to a major disaster or emergency (as 
     those terms are defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122)), the Secretary of Defense may, without the 
     consent of the member affected, order any unit, and any 
     member not assigned to a unit organized to serve as a unit, 
     of the Army Reserve, Navy Reserve, Marine Corps Reserve, and 
     Air Force Reserve to active duty for a continuous period of 
     not more than 120 days to respond to the Governor's request.
       ``(b) Exclusion From Strength Limitations.--Members ordered 
     to active duty under this section shall not be counted in 
     computing authorized strength of members on active duty or 
     members in grade under this title or any other law.
       ``(c) Termination of Duty.--Whenever any unit or member of 
     the reserve components is ordered to active duty under this 
     section, the service of all units or members so ordered to 
     active duty may be terminated by order of the Secretary of 
     Defense or law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter, as amended by section 511(a)(2), 
     is further amended by inserting after the item relating to 
     section 12304a the following new item:

``12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force 
              Reserve: order to active duty to provide assistance in 
              response to a major disaster or emergency.''.

       (b) Treatment of Operations as Contingency Operations.--
     Section 101(a)(13)(B) of such title is amended by inserting 
     ``12304b,'' after ``12304,''.
       (c) Usual and Customary Arrangement.--
       (1) Dual-status commander.--When the Armed Forces and the 
     National Guard are employed simultaneously in support of 
     civil authorities in the United States, appointment of a 
     commissioned officer as a dual-status commander serving on 
     active duty and duty in, or with, the National Guard of a 
     State under sections 315 or 325 of title 32, United States 
     Code, as commander of Federal forces by Federal authorities 
     and as commander of State National Guard forces by State 
     authorities, should be the usual and customary command and 
     control arrangement, including for missions involving a major 
     disaster or emergency as those terms are defined in section 
     102 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122). The chain of command for the 
     Armed Forces shall remain in accordance with sections 162(b) 
     and 164(c) of title 10, United States Code.
       (2) State authorities supported.--When a major disaster or 
     emergency occurs in any area subject to the laws of any 
     State, Territory, or the District of Columbia, the Governor 
     of the State affected normally should be the principal civil 
     authority supported by the primary Federal agency and its 
     supporting Federal entities, and the Adjutant General of the 
     State or his or her subordinate designee normally should be 
     the principal military authority supported by the dual-status 
     commander when acting in his or her State capacity.
       (3) Rule of construction.--Nothing in paragraphs (1) or (2) 
     shall be construed to preclude or limit, in any way, the 
     authorities of the President, the Secretary of Defense, or 
     the Governor of any State to direct, control, and prescribe 
     command and control arrangements for forces under their 
     command.
                                 ______
                                 
  SA 1220. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 848. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON 
                   DEPARTMENT OF DEFENSE IMPLEMENTATION OF 
                   JUSTIFICATION AND APPROVAL REQUIREMENTS FOR 
                   CERTAIN SOLE-SOURCE CONTRACTS.

       Not later than 90 days after March 1, 2012, and March 1, 
     2013, the dates on which the Department of Defense submits to 
     Congress a report on its implementation of section 811 of the 
     Fiscal Year 2010 National Defense Authorization Act, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth an 
     assessment of the extent to which the implementation of such 
     section 811 by the Department ensures that sole-source 
     contracts are awarded in applicable procurements only when 
     those awards have been determined to be in the best interest 
     of the Department.
                                 ______
                                 
  SA 1221. Mr. LEVIN proposed an amendment to the bill H.R. 2056, to 
instruct the Inspector General of the Federal Deposit Insurance 
Corporation to study the impact of insured depository institution 
failures, and for other purposes; as follows:

       On page 2, line 10, insert ``and'' after the semicolon.
       On page 2, line 14, strike the semicolon and all that 
     follows through line 19 and insert a period.
       On page 4, strike line 14 and all that follows through page 
     5, line 5, and insert the following:
       (2) Losses.--The significance of losses, including--
       (A) the number of insured depository institutions that have 
     been placed into receivership or conservatorship due to 
     significant losses arising from loans for which all payments 
     of principal, interest, and fees were current, according to 
     the contractual terms of the loans;
       (B) the impact of significant losses arising from loans for 
     which all payments of principal, interest, and fees were 
     current, according to the contractual terms of the loans, on 
     the ability of insured depository institutions to raise 
     additional capital;
       (C) the effect of changes in the application of fair value 
     accounting rules and other accounting standards, including 
     the allowance for loan and lease loss methodology, on insured 
     depository institutions, specifically the degree to which 
     fair value accounting rules and other accounting standards 
     have led to regulatory action against banks, including 
     consent orders and closure of the institution; and
       (D) whether field examiners are using appropriate appraisal 
     procedures with respect to losses arising from loans for 
     which all payments of principal, interest, and fees were 
     current, according to the contractual terms of the loans, and 
     whether the application of appraisals leads to immediate 
     write downs on the value of the underlying asset.
       On page 9, strike lines 15 through 19, and insert the 
     following:

     SEC. 2. CONGRESSIONAL TESTIMONY.

       The Inspector General of the Federal Deposit Insurance 
     Corporation and the Comptroller General of the United States 
     shall appear before the Committee on Banking, Housing, and 
     Urban Affairs of the Senate and the Committee on Financial 
     Services of the House of Representatives, not later than 150 
     days after the date of publication of the study required 
     under this Act to discuss the outcomes and impact of Federal 
     regulations on bank examinations and failures.
                                 ______
                                 
  SA 1222. Mr. LEVIN (for Mrs. Feinstein (for herself and Ms. 
Cantwell)) proposed an amendment to the bill H.R. 3321, to facilitate 
the hosting in the United States of the 34th America's Cup by 
authorizing certain eligible vessels to participate in activities 
related to the competition, and for other purposes; as follows:


[[Page S7775]]


       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``America's Cup Act of 2011''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) 34th america's cup.--The term ``34th America's Cup''--
       (A) means the sailing competitions, commencing in 2011, to 
     be held in the United States in response to the challenge to 
     the defending team from the United States, in accordance with 
     the terms of the America's Cup governing Deed of Gift, dated 
     October 24, 1887; and
       (B) if a United States yacht club successfully defends the 
     America's Cup, includes additional sailing competitions 
     conducted by America's Cup Race Management during the 1-year 
     period beginning on the last date of such defense.
       (2) America's cup race management.--The term ``America's 
     Cup Race Management'' means the entity established to provide 
     for independent, professional, and neutral race management of 
     the America's Cup sailing competitions.
       (3) Eligibility certification.--The term ``Eligibility 
     Certification'' means a certification issued under section 4.
       (4) Eligible vessel.--The term ``eligible vessel'' means a 
     competing vessel or supporting vessel of any registry that--
       (A) is recognized by America's Cup Race Management as an 
     official competing vessel, or supporting vessel of, the 34th 
     America's Cup, as evidenced in writing to the Administrator 
     of the Maritime Administration of the Department of 
     Transportation;
       (B) transports not more than 25 individuals, in addition to 
     the crew;
       (C) is not a ferry (as defined under section 2101(10b) of 
     title 46, United States Code);
       (D) does not transport individuals in point-to-point 
     service for hire; and
       (E) does not transport merchandise between ports in the 
     United States.
       (5) Supporting vessel.--The term ``supporting vessel'' 
     means a vessel that is operating in support of the 34th 
     America's Cup by--
       (A) positioning a competing vessel on the race course;
       (B) transporting equipment and supplies utilized for the 
     staging, operations, or broadcast of the competition; or
       (C) transporting individuals who--
       (i) have not purchased tickets or directly paid for their 
     passage; and
       (ii) who are engaged in the staging, operations, or 
     broadcast of the competition, race team personnel, members of 
     the media, or event sponsors.

     SEC. 3. AUTHORIZATION OF ELIGIBLE VESSELS.

       Notwithstanding sections 55102, 55103, and 55111 of title 
     46, United States Code, an eligible vessel, operating only in 
     preparation for, or in connection with, the 34th America's 
     Cup competition, may position competing vessels and may 
     transport individuals and equipment and supplies utilized for 
     the staging, operations, or broadcast of the competition from 
     and around the ports in the United States.

     SEC. 4. CERTIFICATION.

       (a) Requirement.--A vessel may not operate under section 3 
     unless the vessel has received an Eligibility Certification.
       (b) Issuance.--The Administrator of the Maritime 
     Administration of the Department of Transportation is 
     authorized to issue an Eligibility Certification with respect 
     to any vessel that the Administrator determines, in his or 
     her sole discretion, meets the requirements set forth in 
     section 2(4).

     SEC. 5. ENFORCEMENT.

       Notwithstanding sections 55102, 55103, and 55111 of title 
     46, United States Code, an Eligibility Certification shall be 
     conclusive evidence to the Secretary of the Department of 
     Homeland Security of the qualification of the vessel for 
     which it has been issued to participate in the 34th America's 
     Cup as a competing vessel or a supporting vessel.

     SEC. 6. PENALTY.

       Any vessel participating in the 34th America's Cup as a 
     competing vessel or supporting vessel that has not received 
     an Eligibility Certification or is not in compliance with 
     section 12112 of title 46, United States Code, shall be 
     subject to the applicable penalties provided in chapters 121 
     and 551 of title 46, United States Code.

     SEC. 7. WAIVERS.

       (a) In General.--Notwithstanding sections 12112 and 12132 
     and chapter 551 of title 46, United States Code, the 
     Secretary of the department in which the Coast Guard is 
     operating may issue a certificate of documentation with a 
     coastwise endorsement for each of the following vessels:
       (1) M/V GEYSIR (United States official number 622178).
       (2) OCEAN VERITAS (IMO number 7366805).
       (3) LUNA (United States official number 280133).
       (b) Documentation of LNG Tankers.--
       (1) In general.--Notwithstanding sections 12112 and 12132 
     and chapter 551 of title 46, United States Code, the 
     Secretary of the department in which the Coast Guard is 
     operating may issue a certificate of documentation with a 
     coastwise endorsement for each of the following vessels:
       (A) LNG GEMINI (United States official number 595752).
       (B) LNG LEO (United States official number 595753).
       (C) LNG VIRGO (United States official number 595755).
       (2) Limitation on operation.--Coastwise trade authorized 
     under paragraph (1) shall be limited to carriage of natural 
     gas, as that term is defined in section 3(13) of the 
     Deepwater Port Act of 1974 (33 U.S.C. 1502(13)).
       (3) Termination of effectiveness of endorsements.--The 
     coastwise endorsement issued under paragraph (1) for a vessel 
     shall expire on the date of the sale of the vessel by the 
     owner of the vessel on the date of enactment of this Act to a 
     person who is not related by ownership or control to such 
     owner.
       (c) Operation of a Dry Dock.--A vessel transported in Dry 
     Dock #2 (State of Alaska registration AIDEA FDD-2) is not 
     merchandise for purposes of section 55102 of title 46, United 
     States Code, if, during such transportation, Dry Dock #2 
     remains connected by a utility or other connecting line to 
     pierside moorage.
                                 ______
                                 
  SA 1223. Mr. LEVIN (for Mr. Bingaman (for himself and Ms. Murkowski)) 
proposed an amendment to the bill S. 99, to promote the production of 
molybdenum-99 in the United States for medical isotope production, and 
to condition and phase out the export of highly enriched uranium for 
the production of medical isotopes; as follows:

       On page 15, line 14, strike ``establish'' and insert 
     ``carry out''.
       On page 17, strike lines 15 through 19.
       On page 17, line 21, strike ``establish'' and insert 
     ``carry out''.
       On page 21, strike lines 12 through 16.
       On page 29, after line 23, add the following:

     SEC. 9. REPEAL.

       The Nuclear Safety Research, Development, and Demonstration 
     Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.
       On page 30, line 1, strike ``9'' and insert ``10''.
                                 ______
                                 
  SA 1224. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 702.
                                 ______
                                 
  SA 1225. Ms. KLOBUCHAR (for herself, Mrs. Feinstein, Mr. Johnson of 
South Dakota, and Ms. Cantwell) submitted an amendment intended to be 
proposed by her to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 167, after line 25, add the following:
       (e) Rentention of Documentary Evidence.--The policy 
     developed under subsection (a) shall provide for the 
     retention of all documentary evidence relating to sexual 
     assaults for the same length of time investigative records 
     relating to sexual assaults are required to be retained.
                                 ______
                                 
  SA 1226. Ms. KLOBUCHAR (for herself, Mr. Thune, Mr. Johnson of South 
Dakota, Mr. Franken, Mr. Harkin, and Mr. Grassley) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 37, between lines 15 and 16, insert the following:
       Sec. 2 __. None of the funds appropriated or otherwise made 
     available by this Act for ongoing construction work on rural 
     water regional programs of the Bureau of Reclamation that is 
     in addition to the amount requested in the annual budget 
     submission of the President (including funds for related 
     settlements) shall be used by the Secretary of the Interior 
     to carry out any rural water supply project authorized as of 
     the date of enactment of this Act unless the Secretary of the 
     Interior, not later than 30 days after the date of enactment 
     of this Act, issues a work plan prioritizing funding of rural 
     water supply projects carried out by the Bureau of 
     Reclamation based on the following criteria to better utilize 
     taxpayer dollars:
       (1) The percentage of the rural water supply project to be 
     carried out that is complete (as of the date of enactment of 
     this Act) or will be completed by September 30, 2012.
       (2) The number of people served or expected to be served by 
     the rural water supply project.
       (3) The amount of non-Federal funds previously provided or 
     certified as available for the cost of the rural water supply 
     project.

[[Page S7776]]

       (4) The extent to which the rural water supply project 
     benefits tribal components.
       (5) The extent to which there is an urgent and compelling 
     need for a rural water supply project that would--
       (A) improve the health or aesthetic quality of water;
       (B) result in continuous, measurable, and significant water 
     quality benefits; or
       (C) address current or future water supply needs of the 
     population served by the rural water supply project.

                          ____________________