[Congressional Record Volume 157, Number 180 (Monday, November 28, 2011)]
[Senate]
[Pages S7912-S7935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1344. 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; which was ordered to lie on the table; as follows:

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

     SEC. 1088. DESIGNATION OF THE HAQQANI NETWORK AS A FOREIGN 
                   TERRORIST ORGANIZATION.

       (a) Findings.--Congress makes the following findings:
       (1) In a September 28, 2011, press briefing White House 
     Press Secretary Jay Carney stated that ``[w]e have said 
     unequivocally that the Haqqani network was responsible

[[Page S7913]]

     for the recent attack on the U.S. embassy in Kabul and on 
     ISAF headquarters in Kabul. And the fact that they are able 
     to operate in Afghanistan because they have a safe haven in 
     Pakistan is a matter of great concern. And we have urged our 
     counterparts in Pakistan to take action and raise with them 
     the importance of doing so''.
       (2) A report of the Congressional Research Service on 
     relations between the United States and Pakistan states that 
     ``[t]he terrorist network led by Jalaluddin Haqqani and his 
     son Sirajuddin, based in the FATA, is commonly identified as 
     the most dangerous of Afghan insurgent groups battling U.S.-
     led forces in eastern Afghanistan''.
       (3) The report further states that, in mid-2011, the 
     Haqqanis undertook several high-visibility attacks in 
     Afghanistan that led to a spike in frustrations being 
     expressed by top United States and Afghanistan officials. 
     First, a late June assault on the Intercontinental Hotel in 
     Kabul by 8 Haqqani gunmen and suicide bombers left 18 people 
     dead. Then, on September 10, a truck bomb attack on a United 
     States military base by Haqqani fighters in the Wardak 
     province injured 77 United States troops and killed 5 
     Afghans. But it was a September 13 attack on the United 
     States Embassy compound in Kabul that appears to have 
     substantively changed the nature of relations between the 
     United States and Pakistan. The well-planned, well-executed 
     assault sparked a 20-hour-long gun battle and left 16 Afghans 
     dead, 5 police officers and at least 6 children among them.
       (4) The report further states that ``U.S. and Afghan 
     officials concluded the Embassy attackers were members of the 
     Haqqani network. Days after the raid, Admiral Mullen called 
     on General Kayani to again press for Pakistani military 
     action against Haqqani bases. Apparently unsatisfied with his 
     counterpart's response, Mullen returned to Washington, DC, 
     and began ramping up rhetorical pressure to previously unseen 
     levels, accusing the ISI of using the Haqqanis to conduct a 
     ``proxy war'' in Afghanistan. Meanwhile, Secretary Panetta 
     issued what was taken by many to be an ultimatum to Pakistan 
     when he told reporters that the United States would ``take 
     whatever steps are necessary to protect our forces'' in 
     Afghanistan from future attacks by the Haqqanis.
       (5) In September 22, 2011, testimony before the Committee 
     on Armed Services of the Senate, Admiral Mullen stated that 
     ``[t]he Haqqani network, for one, acts as a veritable arm of 
     Pakistan's Inter-Services Intelligence agency. With ISI 
     support, Haqqani operatives plan and conducted that 
     [September 13] truck bomb attack, as well as the assault on 
     our embassy. We also have credible evidence they were behind 
     the June 28th attack on the Intercontinental Hotel in Kabul 
     and a host of other smaller but effective operations''.
       (6) In October 27, 2011, testimony before the Committee on 
     Foreign Affairs of the House of Representatives, Secretary of 
     State Hillary Clinton stated that ``with respect to the 
     Haqqani Network, it illustrates this point. There was a major 
     military operation that was held in Afghanistan just in the 
     past week that rounded up and eliminated more than 100 
     Haqqani Network operatives. And we are taking action to 
     target the Haqqani leadership on both sides of the border. 
     We're increasing international efforts to squeeze them 
     operationally and financially. We are already working with 
     the Pakistanis' to target those who are behind a lot of the 
     attacks against Afghans and Americans. And I made it very 
     clear to the Pakistanis that the attack on our embassy was an 
     outrage and the attack on our forward operating base that 
     injured 77 of our soldiers was a similar outrage''.
       (7) At the same hearing, Secretary of State Clinton further 
     stated that ``[w]ell, Congressman, I think everyone agrees 
     that the Haqqani Network has safe havens inside Pakistan; 
     that those safe havens give them a place to plan and direct 
     operations that kill Afghans and Americans''.
       (8) On November 1, 2011, the United States Government added 
     Haji Mali Kahn to a list of specially designated global 
     terrorists under Executive Order 13224. The Department of 
     State described Khan as ``a Haqqani Network commander'' who 
     has ``overseen hundreds of fighters, and has instructed his 
     subordinates to conduct terrorist acts.'' ``Mali Khan has 
     provided support and logistics to the Haqqani Network, and 
     has been involved in the planning and execution of attacks in 
     Afghanistan against civilians, coalition forces, and Afghan 
     police,'' the designation continued. In June 2011, ``Mali 
     Khan's deputy provided support to the suicide bombers 
     responsible for the attacks on the Intercontinental Hotel in 
     Kabul, Afghanistan. The attack resulted in the death of 12 
     people''. Jason Blazakis, the chief of the Terrorist 
     Designations Unit of the Department of State, has also been 
     quoted in several media outlets as stating Khan also has 
     links to al-Qaeda.
       (9) Five other top Haqqani Network leaders have been placed 
     on the list of specially designated global terrorists under 
     Executive Order 13224 since 2008, and three of them have been 
     so placed in the last year. Sirajuddin Haqqani, the overall 
     leader of the Haqqani Network as well as the leader of the 
     Taliban's Mira shah Regional Military Shura, was designated 
     by the Department of State as a terrorist in March 2008, and 
     in March 2009, the Department of State put out a bounty of 
     $5,000,000 for information leading to his capture. The other 
     four individuals so designated are Nasiruddin Haqqani, Khalil 
     al Rahman Haqqani, Badruddin Haqqani, and Mullah Sangeen 
     Zadran.
       (10) The Haqqani Network meets the criteria for designation 
     as a foreign terrorist organization in that it is a foreign 
     organization, it engages in and retains the capability and 
     intent to engage in terrorism, and it threatens the security 
     of United States nationals and the national defense, foreign 
     relations, and economic interests of the United States.
       (b) Designation.--
       (1) In general.--The Secretary of Homeland Security shall 
     designate the Haqqani Network as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (2) Waiver.--The President may waive the requirement in 
     paragraph (1) if the President submits to the appropriate 
     committees of Congress a certification in writing that--
       (A) the Haqqani Network does not threaten the security of 
     United States nationals and the national defense, foreign 
     relations, and economic interests of the United States; and
       (B) the waiver is in the national security interests of the 
     United States.
       (3) Justification.--The certification submitted under 
     paragraph (2) shall include a written justification for the 
     waiver covered by the certification.
       (4) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 1345. 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 POSTSECONDARY 
                   INSTITUTIONS PARTICIPATING IN DEPARTMENT OF 
                   DEFENSE EDUCATION ASSISTANCE PROGRAMS.

       (a) In General.--
       (1) Requirement for regulations.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall, in consultation with the Secretary of 
     Education, prescribe in regulations requirements that 
     postsecondary educational institutions that participate in 
     Department of Defense education assistance programs, as a 
     condition of such participation, to disclose, provide, and 
     make publically available to students certain information 
     about their programs prior to enrollment.
       (2) Commencement of compliance.--Postsecondary institutions 
     shall commence compliance with the regulations required by 
     this section on such date, not later than 180 days after the 
     date of the issuance of the regulations, as the Secretary of 
     Defense shall specify in the regulations.
       (b) Elements.--The disclosure required under subsection (a) 
     shall include, for each Department of Defense education 
     assistance program offered by a postsecondary institution, 
     the following:
       (1) The type of the postsecondary institution (whether 
     public, private non-profit, private for-profit, 4-year, 2-
     year, or less than 2-year, as applicable).
       (2) The disclosure by the postsecondary institution of the 
     following with respect to such program:
       (A) Tuition costs.
       (B) Applicable fees.
       (C) Estimated costs for books and supplies.
       (D) Normal time to completion of the program.
       (E) Average time to completion of the program.
       (F) Percentage of graduates completing the program in 
     normal time.
       (G) Median Federal loan debt incurred by students who 
     completed the program.
       (H) Median private loan debt incurred by students who 
     completed the program.
       (I) Median institutional loan debt incurred by students who 
     completed the program.
       (J) The current accreditation status of the program, 
     including the following:
       (i) The most recent date of accreditation of the program.
       (ii) Whether accreditation of the program is regional or 
     national.
       (iii) If the program is not currently accredited, whether 
     such accreditation is missing, pending, or rescinded.
       (K) The level of award offered through the program (whether 
     certificate, associate's degree, bachelor's degree, advanced 
     degree, or other).
       (3) The disclosure of such other matters with respect to 
     such program as the Secretary of Defense considers 
     appropriate, including--
       (A) transferability of credits;

[[Page S7914]]

       (B) qualification for relevant examination, certification, 
     or license required as a precondition for employment in the 
     occupation for which the program is represented to prepare 
     the student;
       (C) job placement rates, if appropriate, for individuals 
     who undertook the program;
       (D) rates of default on Federal student loans for 
     individuals who enrolled in the program; and
       (E) comparative data with nearby postsecondary institutions 
     of similar type, student body, and offered programs, if 
     applicable.
       (c) Department of Defense Education Assistance Programs.--
     For purposes of this section, Department of Defense education 
     assistance programs are the programs as follows:
       (1) The Tuition Assistance (TA) program.
       (2) The Military Spouse Career Advancement Account (MyCAA) 
     program.
       (d) Other Definitions.--In this section:
       (1) The term ``normal time to completion'' means the 
     estimated time the institution determines it should take a 
     full-time student to complete the specified program.
       (2) The term ``average time to completion'' means the 
     actual average time it has taken previous students (full-time 
     and part-time) to complete the specified program.
                                 ______
                                 
  SA 1346. Mr. VITTER (for himself and Mrs. Hagan) 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 SENATE ON THE 50TH ANNIVERSARY OF THE 
                   ESTABLISHMENT OF THE NAVY SEALS.

       (a) Findings.--The Senate makes the following findings:
       (1) The Navy SEALs were established by President John F. 
     Kennedy in January 1962.
       (2) The Navy SEALs, as members of the United States Special 
     Operations Command, are able to operate effectively in sea 
     and air and on land.
       (3) The Navy SEALs bravely contribute to the national 
     security of the United States by conducting elite 
     counterterrorism operations and capacity-building activities 
     with partner nation security forces to counter the threat 
     posed by al-Qaeda and affiliated groups.
       (4) The Navy SEALs are a critical element of the special 
     operations capability of the United States and have retained 
     the highest standard of loyalty, honor, and duty since their 
     origin as Navy underwater demolition personnel, or 
     ``frogmen'', during World War II.
       (5) The Navy SEALs show the highest professionalism in 
     their tactical proficiency and full-spectrum capability on 
     the battlefield.
       (6) The Navy SEALs have made great sacrifices in the line 
     of duty and repeatedly demonstrate their dedication and 
     readiness to continue to make those sacrifices on behalf of 
     the United States.
       (7) The Navy SEALs have courageously and vigorously pursued 
     al-Qaeda and its affiliates in Afghanistan and around the 
     world.
       (b) Sense of Senate.--It is the sense of the Senate to--
       (1) recognize the service, professionalism, honor, and 
     sacrifices of the Navy SEALs and their families for their 
     contributions to the national security of the United States 
     since January 1962; and
       (2) support the mission of the Navy SEALs in the continuing 
     fight against al-Qaeda and its affiliates.
                                 ______
                                 
  SA 1347. 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:

                                                    McCAIN AMENDMENT TO STRIKE ALL UNREQUESTED FUNDS
                                                                [In thousands of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   FY 2012                    McCain
               Section                         Service                   Title                   Details           request    SASC mark     alternative
--------------------------------------------------------------------------------------------------------------------------------------------------------
4101.................................  Army...................  Abrams Upgrade.........  Add 49 tanks to bridge           0      240,000      [-240,000]
                                                                                          production gap.
4201.................................  Army...................  Test Ranges &            Program Increase.......    262,456      312,456       [-50,000]
                                                                 Facilities.
4201.................................  Air Force..............  Advanced Materials for   Metals Affordability             0       10,000       [-10,000]
                                                                 Weapon Systems.          Initiative.
4201.................................  Air Force..............  ICBM...................  Program Increase.......     67,202       72,202        [-5,000]
4201.................................  Air Force..............  Test & Evaluation        Program Increase.......    654,475      704,475       [-50,000]
                                                                 Support.
4201.................................  Air Force..............  Enterprise Query &       Enterprise Query &               0       10,000       [-10,000]
                                                                 Correlation.             Correlation.
4201.................................  Defense-Wide...........  Manufacturing S&T        Industrial Base                  0       30,000       [-30,000]
                                                                 Program.                 Innovation Fund.
4201.................................  Defense-Wide...........  Emerging Capabilities    Cargo Airship                    0        2,000        [-2,000]
                                                                 Tech Development.        Demonstration.
4201.................................  Defense-Wide...........  Defense Rapid            Program Increase.......          0      200,000      [-200,000]
                                                                 Innovation Program.
4201.................................  Defense-Wide...........  Ballistic Missile        THAAD Production           290,452      310,452       [-20,000]
                                                                 Defense Terminal         Improvements.
                                                                 Defense Segment.
4201.................................  Defense-Wide...........  AEGIS BMD..............  SM-3 Block IB              960,267      990,267       [-30,000]
                                                                                          Production
                                                                                          Improvements.
4201.................................  Defense-Wide...........  Israeli Cooperative      David's Sling                    0       25,000       [-25,000]
                                                                 Programs.                Development.
4201.................................  Defense-Wide...........  Israeli Cooperative      Arrow System                     0       20,000       [-20,000]
                                                                 Programs.                Improvement Program.
4201.................................  Defense-Wide...........  Israeli Cooperative      Arrow-3 Interceptor              0        5,000        [-5,000]
                                                                 Programs.                Development.
4201.................................  Defense-Wide...........  DoD Corrosion Program..  Program Increase.......      3,221       35,321       [-32,000]
4201.................................  Defense-Wide...........  AEGIS SM-3 Block IIA Co- Program Increase.......    424,454      444,454       [-20,000]
                                                                 Development.
4201.................................  Defense-Wide...........  Development Test &       Program Increase.......     15,805       20,805        [-5,000]
                                                                 Evaluation.
4201.................................  Defense-Wide...........  Defense Info             Cybersecurity Pilots...          0       10,000       [-10,000]
                                                                 Infrastructure
                                                                 Engineering &
                                                                 Integration.
4201.................................  Defense-Wide...........  Information Systems      File Sanitization Tool           0        3,000        [-3,000]
                                                                 Security Program.        (FIST).
4201.................................  Defense-Wide...........  Classified Programs....  Classified Adjustment..  4,227,920    4,263,700       [-35,780]
4301.................................  Defense-Wide...........  Undistributed..........  Impact Aid.............          0       25,000       [-25,000]
4301.................................  Defense-Wide...........  Undistributed..........  Severe Disabilities....          0        5,000        [-5,000]
4401.................................  Inspector General......  Office of the Inspector  Program Increase.......    286,919      327,419       [-40,500]
                                                                 General.
4401.................................  Inspector General......  Office of the Inspector  Program Increase--           1,600        4,500        [-2,900]
                                                                 General.                 Growth Plan.
                                                                                                                 ---------------------------------------
    TOTAL:...........................  .......................  .......................  .......................  .........  ...........      [-876,280]
4301.................................  UNDISTRIBUTED..........  UNDISTRIBUTED..........  Proportional             .........  ...........         876,280
                                                                                          restoration for
                                                                                          services and Defense-
                                                                                          wide.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                 ______
                                 
  SA 1348. 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 B of title II, add the following:

     SEC. 215. ELIMINATION OF DEFENSE RAPID INNOVATION PROGRAM 
                   FUNDING; RESTORATION OF OPERATION AND 
                   MAINTENANCE FUNDING.

       (a) Elimination of Defense Rapid Innovation Program 
     Funding.--Notwithstanding the amounts specified in the 
     funding tables in section 4201--
       (1) the amount authorized to be appropriated for fiscal 
     year 2012 for the Defense Rapid Innovation Program is $0;
       (2) the total amount authorized to be appropriated for 
     fiscal year 2012 for Advanced Technology Development, 
     Defense-Wide is $3,121,342,000;
       (3) the total amount authorized to be appropriated for 
     fiscal year for 2012 for Research, Development, Test, And 
     Evaluation, Defense-Wide is $19,613,751,000; and
       (4) the total amount authorized to be appropriated for 
     Research, Development, Test, and Evaluation is 
     $71,640,593,000.
       (b) Restoration of Operation and Maintenance Funding.--
     Notwithstanding the amount specified in the funding tables in 
     section 4301--
       (1) the total amount authorized to be appropriated for 
     Operation and Maintenance, Defense-Wide for ``Undistributed'' 
     is 
     $-674,800,000;
       (2) the total amount authorized to be appropriated for 
     Operation and Maintenance, Defense-Wide is $29,642,583,000; 
     and
       (3) the total amount authorized to be appropriated for 
     Operation and Maintenance is $161,046,587,000.

[[Page S7915]]

                                 ______
                                 
  SA 1349. Mr. SANDERS 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. ADEQUACY OF CONTRACTING OFFICER REPRESENTATIVES TO 
                   PREVENT WASTE, FRAUD, AND ABUSE.

       (a) Finding.--Congress finds that a November 14, 2011, 
     Congressional Research Service (CRS) report entitled 
     ``Wartime Contracting in Afghanistan: Analysis and Issues for 
     Congress'' said that ``[a]ccording to some government 
     officials, there are simply not enough contracting officer 
     representatives (CORs) in theatre to conduct adequate 
     oversight . . . In some instances the problem is not the 
     number of contracting officer representatives, but the lack 
     of expertise of those assigned to conduct oversight''.
       (b) Additional Contracting Officer Representatives.--The 
     Secretary of Defense shall, using amounts authorized to be 
     appropriated by this Act, increase the number of contracting 
     officer representatives of the Department of Defense to the 
     number determined sufficient by the Secretary to provide the 
     proper oversight of government contracts necessary to prevent 
     waste, fraud, and abuse in government contracts.
       (c) Reports.--Not later than January 1, 2013, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     assessing the extent to which the number of contracting 
     officer representatives in the Department of Defense during 
     the preceding calendar year was sufficient to provide the 
     proper oversight of government contracts necessary to prevent 
     waste, fraud, and abuse in government contracts.
                                 ______
                                 
  SA 1350. Mr. SANDERS 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 II, add the following:

     SEC. 215. TREATMENT OF GULF WAR ILLNESS WITHIN THE GULF WAR 
                   ILLNESS RESEARCH PROGRAM OF THE ARMY.

       Of the amount authorized to be appropriated by section 201 
     and available for research, development, test, and evaluation 
     for the Army as specified in the funding table in section 
     4201, $10,000,000 shall be available for the diagnosis and 
     treatment of Gulf War Illness within the peer-reviewed Gulf 
     War Illness Research Program of the Army run by 
     Congressionally Directed Medical Research.
                                 ______
                                 
  SA 1351. Mr. LEVIN (for himself, Mr. McCain, Mrs. McCaskill, 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 follows:

       At the end of title XXVII, add the following:

     SEC. 2705. REDUCTION OF MILITARY CONSTRUCTION AUTHORIZATION 
                   FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES 
                   AUTHORIZED THOUGH THE DEPARTMENT OF DEFENSE 
                   BASE CLOSURE ACCOUNT 2005.

       Amounts previously authorized for base closure and 
     realignment activities, including real property acquisition 
     and military construction projects, as authorized by 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) and 
     funded through the Department of Defense Base Closure Account 
     2005 established by section 2906A of such Act for fiscal 
     years prior to fiscal year 2012 are hereby reduced by 
     $1,000,000,000.
                                 ______
                                 
  SA 1352. 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 title XXVII, add the following:

     SEC. 2705. AVAILABILITY OF DEPARTMENT OF DEFENSE BASE CLOSURE 
                   ACCOUNT 2005 FUNDS FOR HOMEOWNERS ASSISTANCE 
                   FUND.

       Of the unobligated balances available in the Department of 
     Defense Base Closure Account 2005 established by section 
     2906A 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), $365,000,000 shall be made available for the 
     Homeowners Assistance Fund established under section 1013 of 
     the Demonstration Cities and Metropolitan Development Act of 
     1966 (42 U.S.C. 3374).
                                 ______
                                 
  SA 1353. 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 B of title III, add the following:

     SEC. 316. STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT 
                   PROGRAM.

       (a) Management and Oversight.--Section 2901(a) of title 10, 
     United States Code, is amended by inserting after ``Program'' 
     the following: ``, and shall place the program under the 
     management and oversight of the Deputy Under Secretary of 
     Defense for Installations and Environment''.
       (b) Strategic Environmental Research and Development 
     Program Council.--
       (1) Composition.--Section 2902(b) of such title is 
     amended--
       (A) by amending paragraph (1) to read as follows:
       ``(1) The Deputy Assistant Secretary of Defense for 
     Research.''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) The Deputy Under Secretary of Defense for 
     Installations and Environment.''.
       (2) Chairman.--Section 2902(c) of such title is amended by 
     striking ``designate a member of the Council as chairman for 
     each odd numbered fiscal year'' and inserting ``designate the 
     Deputy Under Secretary of Defense for Installations and 
     Environment as chairman for each odd numbered fiscal year''.
                                 ______
                                 
  SA 1354. 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:

       On page 479, line 14, strike `` `1,750,000,000' '' and 
     insert `` `$1,690,000,000' ''.
       On page 479, between lines 14 and 15, insert the following:
       (c) Availability of Funds for Reimbursement of Jordan for 
     Certain Security Activities.--The Secretary of Defense may 
     utilize funds from amounts available under section 1233 of 
     the National Defense Authorization Act for Fiscal Year 2008, 
     as so amended and amended by this section, to reimburse 
     Jordan for support provided during fiscal year 2012 for 
     convoy and Iraq border security in connection with the 
     activities of the Office of Security Cooperation--Iraq.
                                 ______
                                 
  SA 1355. 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 C of title XII, add the following:

     SEC. 1243. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN 
                   PROGRAM ON MULTILATERAL EXCHANGE OF AIR 
                   TRANSPORTATION AND AIR REFUELING SERVICES.

       (a) Participation Authorized.--
       (1) In general.--The Secretary of Defense may, with the 
     concurrence of the Secretary of State, authorize the 
     participation of the United States in the ATARES program of 
     the Movement Coordination Centre Europe (MCCE).
       (2) Scope of participation.--Participation in the program 
     under paragraph (1) shall be limited to the reciprocal 
     exchange or transfer of air transportation and air refueling 
     services on a reimbursable basis or by replacement-in-kind or 
     the exchange of air transportation or air refueling services 
     of an equal value. No services other than air transportation 
     and air refueling services may be exchanged or transferred 
     under the authority in paragraph (1).
       (3) Limitation.--The United States' balance of executed 
     flight hours (EFH), whether as credits or debits, in 
     participation in the program under paragraph (1) may not 
     exceed a balance of 500 hours.
       (b) Written Arrangements or Agreements.--
       (1) Arrangements or agreements required.--The participation 
     of the United States in the ATARES program under subsection 
     (a) shall be in accordance with a

[[Page S7916]]

     written arrangement or agreement entered into by the 
     Secretary of Defense and the Movement Coordination Centre 
     Europe.
       (2) Funding arrangements.--If Department of Defense 
     facilities, equipment, or funds are used to support the 
     program, the written arrangement or agreement under paragraph 
     (1) shall specify the details of any equitable cost sharing 
     or other funding arrangement.
       (3) Other elements.--Any written arrangement or agreement 
     entered into under paragraph (1) shall require that any 
     accrued credits and liabilities resulting from an unequal 
     exchange or transfer of air transportation or air refueling 
     services shall be liquidated, not less than once every five 
     years, through the program.
       (c) Implementation.--In carrying out any written 
     arrangement or agreement entered into under subsection (b), 
     the Secretary of Defense may--
       (1) pay the United States' equitable share of the operating 
     expenses of the Movement Coordination Centre Europe and the 
     ATARES consortium from funds authorized to be appropriated to 
     the Department of Defense for operation and maintenance; and
       (2) assign members of the Armed Forces or Department of 
     Defense civilian personnel, from among members and personnel 
     within billets authorized for the United States European 
     Command, to duty at the Movement Coordination Centre Europe 
     as necessary to fulfill the United States' obligations under 
     such arrangement or agreement.
       (d) Crediting of Receipts.--Any amount received by the 
     United States in carrying out a written arrangement or 
     agreement entered into under subsection (b) shall be 
     credited, as elected by the Secretary of Defense, to the 
     following:
       (1) The appropriation, fund, or account used in incurring 
     the obligation for which such amount is received.
       (2) An appropriation, fund, or account currently available 
     for the purposes for which such obligation was made.
       (e) Annual Reports.--Not later than 30 days after the end 
     of each fiscal year in which the authority provided by this 
     section is in effect, the Secretary of Defense shall submit 
     to Congress a report on United States participation in the 
     ATARES program during such fiscal year. Each report shall 
     include the following:
       (1) The United States balance of executed flight hours at 
     the end of the fiscal year covered by such report.
       (2) The types of services exchanged or transferred during 
     the fiscal year covered by such report.
       (3) A description of any United States costs under the 
     arrangement or agreement under subsection (b)(1) in 
     connection with the use of Department of Defense facilities, 
     equipment, or funds to support the ATARES program under that 
     subsection as provided by subsection (b)(2).
       (4) A description of the United States' equitable share of 
     the operating expenses of the Movement Coordination Centre 
     Europe and the ATARES consortium paid under subsection 
     (c)(1).
       (5) A description of any amounts received by the United 
     States in carrying out a written arrangement or agreement 
     entered into under subsection (b).
       (f) Expiration.--The authority provided by this section to 
     participate in the ATARES program shall expire five years 
     after the date on which the Secretary of Defense first enters 
     into a written arrangement or agreement under subsection (b).
       (g) ATARES Program Defined.--In this section, the term 
     ``ATARES program'' means the Air Transport, Air-to-Air 
     Refueling and other Exchanges of Services program of the 
     Movement Coordination Centre Europe.
                                 ______
                                 
  SA 1356. 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 division A, add the following:

             TITLE XVI--COMMISSION ON MILITARY COMPENSATION

     SEC. 1601. ESTABLISHMENT.

       There is established an independent commission to be known 
     as the ``Commission on Military Compensation''.

     SEC. 1602. PURPOSE AND DUTIES OF COMMISSION.

       (a) Military Compensation Review and Recommendations.--The 
     purpose of the Commission is--
       (1) to conduct a review of all elements of military 
     compensation provided to members of the uniformed services on 
     account of their service in the uniformed services; and
       (2) to make recommendations regarding any changes that the 
     Commission considers appropriate for individual elements of 
     military compensation or the structure or manner by which 
     military compensation is provided to members of the uniformed 
     services with the goals of--
       (A) ensuring military readiness and capability;
       (B) enabling a quality of life for members of the uniformed 
     services and their families that will foster successful 
     recruiting, retention, and careers of military service; and
       (C) providing necessary flexibility to the Department of 
     Defense to quickly adjust elements of military compensation 
     to respond to changing conditions and fiscal restraints.
       (b) Requirements.--The review conducted and recommendations 
     prepared by the Commission--
       (1) shall be based on proposals submitted by the Secretary 
     of Defense, as required by section 1604(a);
       (2) shall address, at a minimum, the structure of the 
     military retirement system (non-disability and disability, 
     regular and non-regular service) in the context of existing 
     military compensation and force management objectives, 
     changes to military health care benefits, and such 
     restructuring and reform of all other elements of military 
     compensation as is feasible given the time allowed for 
     completion of the review and submission of the 
     recommendations; and
       (3) shall be consistent with the criteria specified in 
     subsection (c).
       (c) Criteria.--The Secretary of Defense, in preparing a 
     proposal for the Commission, and the Commission, in 
     conducting the review and preparing recommendations, shall 
     consider the following criteria:
       (1) The effect of elements of military compensation on the 
     ability to successfully recruit and retain highly capable and 
     motivated members of the All-Volunteer force and the likely 
     impact of proposed changes in this regard.
       (2) The effect of elements of military compensation on 
     maintaining an appropriate quality of life for members of the 
     All-Volunteer force and their families and the effect of 
     proposed changes in this regard.
       (3) The effect of elements of military compensation that 
     respond fully to the needs of wounded, ill, and injured 
     members of the uniformed services and their families and the 
     impact of proposed changes in this regard.
       (4) The effect of existing provisions of law and regulation 
     in affording necessary authority and flexibility for force 
     management and shaping by military planners, and rapid 
     response to changing conditions affecting the conditions of 
     military service, the size and composition of military 
     forces, and the financial resources available to ensure 
     military readiness and capability.
       (5) The effect of elements of military compensation on 
     encouraging careers of service in the regular and reserve 
     components of the uniformed services and the effect of 
     proposed changes in this regard.
       (6) The current and projected cost of military personnel as 
     a part of the budgets of the Department of Defense and the 
     Army, Navy, Air Force, and Marine Corps, end strength levels 
     for active forces and reserve components needed for military 
     mission accomplishment, and the impact of proposed changes on 
     ensuring military capability and readiness.
       (7) The flexibility currently afforded to military planners 
     under existing laws and regulation and changes necessary for 
     military planners to respond to changing circumstances in 
     recruiting, retention, manpower, and critical skill 
     requirements, conditions of service, and the availability of 
     budgetary resources to military planners.
       (8) Such other criteria as the Secretary of Defense and the 
     members of the Commission consider advisable.
       (d) Special Rule Regarding Military Retirement Proposals.--
     Any change proposed by the Secretary of Defense or the 
     Commission regarding reducing the amount of military retired 
     pay (or its rate of growth) or the manner by which members of 
     the uniformed services become entitled to retired pay shall 
     not apply to a member or former member of the uniformed 
     services who first became a member before January 1, 2013. 
     The rule of construction in section 1411(a) of title 10, 
     United States Code, shall apply in determining when a member 
     of the uniformed services first became a member.

     SEC. 1603. MEMBERSHIP AND ADMINISTRATION.

       (a) Number and Appointment.--
       (1) Number.--The Commission shall be composed of 9 members.
       (2) Appointment.--
       (A) President.--The President shall appoint five members of 
     the Commission.
       (B) HASC.--The Chairman and ranking member of the Committee 
     on Armed Services of the House of Representatives shall each 
     appoint one member of the Commission.
       (C) SASC.--The Chairman and ranking member of the Committee 
     on Armed Services of the Senate shall each appoint one member 
     of the Commission.
       (3) Time for appointment.--All appointments to the 
     Commission shall be made before March 15, 2012.
       (4) Qualifications.--Members of the Commission should be 
     selected based on their knowledge and experience with the 
     uniformed services and military compensation issues.
       (b) Chairman.--The President shall designate one of the 
     members of the Commission to serve as Chairman of the 
     Commission.
       (c) Terms.--Each member shall be appointed for the life of 
     the Commission. A vacancy on the Commission shall be filled 
     in the same manner as the original appointment.
       (d) Meetings.--

[[Page S7917]]

       (1) Frequency.--The Commission shall meet at the call of 
     the Chairman or a majority of its members.
       (2) First meeting.--The Commission shall hold its first 
     meeting not later than April 1, 2012.
       (3) Quorum.--Five members of the Commission shall 
     constitute a quorum for purposes of voting, meeting, and 
     holding hearings.
       (4) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App. I) shall not 
     apply to the Commission, except that the Commission shall 
     hold public hearings.
       (e) Pay and Travel Expenses.--
       (1) Pay.--A member of the Commission shall be paid at the 
     rate equal to the daily equivalent of the rate payable for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code, for each day during which the 
     member is engaged in the actual performance of duties of the 
     Commission.
       (2) Travel expenses.--A member of the Commission shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with sections 5702 and 5703 of 
     title 5, United States Code.
       (f) Administrative Provisions.--
       (1) Staff.--The Secretary of Defense shall detail such 
     members of the Army, Navy, Air Force, and Marine Corps and 
     civilian employees of the Department of Defense as may be 
     necessary to serve as the staff of the Commission.
       (2) Facilities.--The Secretary of Defense shall make office 
     space available to the Commission to carry out its duties.
       (3) Funding.--The Secretary of Defense shall use amounts 
     appropriated to the Department of Defense for operation and 
     maintenance and otherwise unobligated to cover the costs of 
     the Commission.

     SEC. 1604. REVIEW PROCESS AND REPORTING REQUIREMENTS.

       (a) Submission of Proposals to Commission.--
       (1) Role of secretary of defense.--Not later than June 1, 
     2012, the Secretary of Defense shall submit to the Commission 
     for consideration by the Commission such proposals regarding 
     changes to individual elements of military compensation or 
     the structure or manner by which military compensation is 
     provided to members of the uniformed services as the 
     Secretary of Defense considers appropriate.
       (2) Consultation.--The Secretary of Defense shall prepare 
     the proposals under paragraph (1) in consultation with the 
     Secretaries of the military departments, the Secretary of 
     Homeland Security, with respect to the Coast Guard, the 
     Secretary of Commerce, with respect to the National Oceanic 
     and Atmospheric Administration, and the Secretary of Health 
     and Human Services, with respect to the Public Health 
     Service.
       (3) Draft legislative language.--To the extent practicable, 
     each change proposed by the Secretary of Defense under 
     paragraph (1) shall include the draft legislative language 
     necessary to effectuate the change in the law.
       (b) Submission of Commission Recommendations.--
       (1) Submission to president.--Not later than December 15, 
     2012, the Commission shall transmit to the President a report 
     containing--
       (A) the results of the review of military compensation 
     conducted by the Commission; and
       (B) the recommendations of the Commission (as described in 
     section 1602(a)(2)), including the draft legislative language 
     necessary to effectuate each recommendation.
       (2) Majority requirement.--A recommendation may not be 
     included in the report unless a majority of the members of 
     the Commission affirmatively endorse the recommendation.
       (3) Public document.--The report of the Commission shall be 
     made public by printing in the Federal Register or other 
     means.
       (c) Review and Action by the President.--
       (1) Review by the president.--Not later than February 28, 
     2013, the President shall complete a review of the report of 
     the Commission and either approve or disapprove of the 
     recommendations of the Commission. The recommendations may 
     only be approved or disapproved in their entirety.
       (2) Effect of approval.--If the President approves the 
     recommendations of the Commission, the President shall 
     transmit a copy of the report to the Congress, together with 
     a certification of such approval.
       (3) Effect of disapproval.--If the President disapproves 
     the recommendations of the Commission, the President shall 
     transmit to the Commission and Congress the reasons for that 
     disapproval. The Commission shall terminate 30 days after the 
     date on which the President transmits the disapproval notice.

     SEC. 1605. EXPEDITED CONGRESSIONAL CONSIDERATION OF 
                   COMMISSION RECOMMENDATIONS.

       (a) Introduction.--
       (1) Introduction required.--If the report of the Commission 
     is approved by the President pursuant to section 1604(c), the 
     draft legislative language submitted pursuant to section 
     1604(b)(1)(B) as part of the report of the Commission shall 
     be introduced as a bill--
       (A) in the Senate (by request) on the next day on which the 
     Senate is in session by the majority leader of the Senate or 
     by a Member of the Senate designated by the majority leader 
     of the Senate; and
       (B) in the House of Representatives (by request) on the 
     next legislative day by the majority leader of the House or 
     by a Member of the House designated by the majority leader of 
     the House.
       (2) Form of legislation.--The military compensation bill 
     shall contain the following:
       (A) A title as follows: ``A bill containing all of the 
     legislative proposals regarding military compensation 
     recommended by the Commission on Military Compensation and 
     approved by the President.''.
       (B) A short title as follows: ``The `Military Compensation 
     Reform Act of 2013'.''.
       (C) A text consisting of all of the draft legislative 
     language contained in the report of the Commission and 
     transmitted to Congress by the President.
       (b) Referral.--The military compensation bill that is 
     introduced in the House of Representatives shall be referred 
     to the Committee on Armed Services of the House of 
     Representatives. The military compensation bill that is 
     introduced in the Senate shall be referred to the Committee 
     on Armed Services of the Senate.
       (c) Consideration in the House of Representatives.--
       (1) Referral and reporting.--The Committee on Armed 
     Services of the House of Representatives shall report the 
     military compensation bill to the House without amendment not 
     later than July 31, 2013. If the committee fails to report 
     the military compensation bill within that period, it shall 
     be in order to move that the House discharge the committee 
     from further consideration of the bill. The previous question 
     shall be considered as ordered on the motion to its adoption 
     without intervening motion except 20 minutes of debate 
     equally divided and controlled by the proponent and an 
     opponent. If such a motion is adopted, the House shall 
     proceed immediately to consider the military compensation 
     bill in accordance with paragraphs (2) and (3). A motion to 
     reconsider the vote by which the motion is disposed of shall 
     not be in order.
       (2) Proceeding to consideration.--After the Committee on 
     Armed Services of the House of Representatives reports the 
     military compensation bill to the House or has been 
     discharged (other than by motion) from its consideration, it 
     shall be in order to move to proceed to consider the military 
     compensation bill in the House. Such a motion shall not be in 
     order after the House has disposed of a motion to proceed 
     with respect to the military compensation bill. The previous 
     question shall be considered as ordered on the motion to its 
     adoption without intervening motion. A motion to reconsider 
     the vote by which the motion is disposed of shall not be in 
     order.
       (3) Consideration.--The military compensation bill shall be 
     considered as read. All points of order against the military 
     compensation bill and against its consideration are waived. 
     The previous question shall be considered as ordered on the 
     military compensation bill to its passage without intervening 
     motion except 2 hours of debate equally divided and 
     controlled by the proponent and an opponent and one motion to 
     limit debate on the military compensation bill. A motion to 
     reconsider the vote on passage of the military compensation 
     bill shall not be in order.
       (4) Vote on passage.--The vote on passage of the military 
     compensation bill shall occur not later than September 30, 
     2013.
       (d) Expedited Procedure in the Senate.--
       (1) Committee consideration.--The Committee on Armed 
     Services of the Senate shall report the military compensation 
     bill without any revision and with a favorable 
     recommendation, an unfavorable recommendation, or without 
     recommendation, not later than July 31, 2013. If the 
     committee fails to report the bill within that period, the 
     committee shall be automatically discharged from 
     consideration of the bill, and the bill shall be placed on 
     the appropriate calendar.
       (2) Motion to proceed.--Notwithstanding Rule XXII of the 
     Standing Rules of the Senate, it is in order, not later than 
     2 days of session after the date on which the military 
     compensation bill is reported or discharged from the 
     Committee on Armed Services of the Senate, for the majority 
     leader of the Senate or the majority leader's designee to 
     move to proceed to the consideration of the military 
     compensation bill. It shall also be in order for any Member 
     of the Senate to move to proceed to the consideration of the 
     military compensation bill at any time after the conclusion 
     of such 2-day period. A motion to proceed is in order even 
     though a previous motion to the same effect has been 
     disagreed to. All points of order against the motion to 
     proceed to the military compensation bill are waived. The 
     motion to proceed is not debatable. The motion is not subject 
     to a motion to postpone. A motion to reconsider the vote by 
     which the motion is agreed to or disagreed to shall not be in 
     order. If a motion to proceed to the consideration of the 
     military compensation bill is agreed to, the military 
     compensation bill shall remain the unfinished business until 
     disposed of.
       (3) Consideration.--All points of order against the 
     military compensation bill and against consideration of the 
     military compensation bill are waived. Consideration of the 
     military compensation bill and of all debatable motions and 
     appeals in connection therewith shall not exceed a total of 
     30 hours which shall be divided equally between the Majority 
     and Minority Leaders or their designees. A motion further to 
     limit debate on the military compensation bill is in order, 
     shall require an affirmative vote of three-

[[Page S7918]]

     fifths of the Members duly chosen and sworn, and is not 
     debatable. Any debatable motion or appeal is debatable for 
     not to exceed 1 hour, to be divided equally between those 
     favoring and those opposing the motion or appeal. All time 
     used for consideration of the military compensation bill, 
     including time used for quorum calls and voting, shall be 
     counted against the total 30 hours of consideration.
       (4) No amendments.--An amendment to the military 
     compensation bill, or a motion to postpone, or a motion to 
     proceed to the consideration of other business, or a motion 
     to recommit the military compensation bill, is not in order.
       (5) Vote on passage.--If the Senate has voted to proceed to 
     the military compensation bill, the vote on passage of the 
     military compensation bill shall occur immediately following 
     the conclusion of the debate on a military compensation bill, 
     and a single quorum call at the conclusion of the debate if 
     requested. The vote on passage of the military compensation 
     bill shall occur not later than September 30, 2013.
       (6) Rulings of the chair on procedure.--Appeals from the 
     decisions of the Chair relating to the application of the 
     rules of the Senate, as the case may be, to the procedure 
     relating to a military compensation bill shall be decided 
     without debate.
       (e) Amendment.--The military compensation bill shall not be 
     subject to amendment in either the House of Representatives 
     or the Senate.
       (f) Consideration by the Other House.--If, before passing 
     the military compensation bill, one House receives from the 
     other House a military compensation bill--
       (1) the military compensation bill of the other House shall 
     not be referred to a committee; and
       (2) the procedure in the receiving House shall be the same 
     as if no military compensation bill had been received from 
     the other House until the vote on passage, when the military 
     compensation bill received from the other House shall 
     supplant the military compensation bill of the receiving 
     House.
       (g) Rules to Coordinate Action With Other House.--
       (1) Treatment of military compensation bill of other 
     house.--If the Senate fails to introduce or consider a 
     military compensation bill under this section, the military 
     compensation bill of the House shall be entitled to expedited 
     floor procedures under this section.
       (2) Treatment of companion measures in the senate.--If 
     following passage of the military compensation bill in the 
     Senate, the Senate then receives the military compensation 
     bill from the House of Representatives, the House-passed 
     military compensation bill shall not be debatable. The vote 
     on passage of the military compensation bill in the Senate 
     shall be considered to be the vote on passage of the military 
     compensation bill received from the House of Representatives.
       (3) Vetoes.--If the President vetoes the military 
     compensation bill, debate on a veto message in the Senate 
     under this section shall be 1 hour equally divided between 
     the majority and minority leaders or their designees.
       (h) Loss of Privilege.--The provisions of this section 
     shall cease to apply to the military compensation bill if the 
     military compensation bill does not pass both Houses before 
     October 1, 2013.

     SEC. 1606. DEFINITIONS.

       In this title:
       (1) The term ``Commission'' means the Commission on 
     Military Compensation.
       (2) The term ``military compensation'' means all elements 
     of military compensation provided to members of the uniformed 
     services, including (but not limited to) the following:
       (A) Regular military compensation (as defined in section 
     101(25) of title 37, United States Code).
       (B) Special and incentive pays and allowances available 
     under chapters 5 and 7 of title 37, United States Code, or 
     other provisions of law.
       (C) Retired pay computed under chapter 71 or 1223 of title 
     10, United States Code, separation pay available under 
     section 1174, 1175, or 1175a of such title, disability 
     separation pay available under section 1212 of such title, 
     and combat-related special compensation available under 
     section 1413a of such title.
       (D) Annuities based on retired pay under chapter 73 of 
     title 10, United States Code.
       (E) Medical and dental care provided under chapter 55 of 
     title 10, United States Code.
       (F) Educational assistance and educational loan repayment 
     programs provided under part III of subtitle A of title 10, 
     United States Code.
       (G) Commissary and exchange benefits and other activities 
     conducted for the morale, welfare, and recreation of members 
     of the uniformed services.
       (3) The term ``military compensation bill'' means a bill 
     consisting of the draft legislative language of the 
     Commission that is introduced under section 1605(a).
       (4) The term ``retired pay'' includes retainer pay paid 
     under section 6330 of title 10, United States Code, or other 
     provision of law.
       (5) The term ``uniformed services'' has the meaning given 
     that term in section 101(3) of title 37, United States Code. 
     The term includes both the regular and reserve components.

     SEC. 1607. TERMINATION.

       The Commission shall terminate on September 30, 2013, 
     unless earlier terminated pursuant to section 1604(c)(3).
                                 ______
                                 
  SA 1357. 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:

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

     SEC. 316. COMPTROLLER GENERAL STUDY OF DEPARTMENT OF DEFENSE 
                   RESEARCH, DEVELOPMENT, AND INVESTMENT TO MEET 
                   THE REQUIREMENTS OF RENEWABLE ENERGY GOALS.

       (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, 
     renewable energy research, development, and investment in 
     pursuit of meeting the renewable energy goals set forth in 
     section 2911(e) of title 10, United States Code, by executive 
     order, and through related legislative mandates. This review 
     shall specify specific programs, costs, and estimated and 
     expected savings of the programs.
       (b) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Comptroller General shall submit 
     to the congressional defense committees, the Committee on 
     Natural Resources of the Senate, and the Committee on Energy 
     and Commerce of the House of Representatives a report on the 
     review conducted under subsection (a), including the 
     following elements:
       (1) A description of current Department of Defense 
     renewable energy research initiatives throughout the 
     Department of Defense, by military service, including the use 
     of any ``renewable energy source'' as specified in section 
     2911(e)(2) of title 10, United States Code. These 
     descriptions shall include the total dollars spent to date, 
     the estimated total cost of each program, and the estimated 
     lifetime of each program.
       (2) A description of current Department of Defense 
     renewable energy development initiatives throughout the 
     Department of Defense, by military service, including the use 
     of any ``renewable energy source'' as specified in section 
     2911(e)(2) of title 10, United States Code. These 
     descriptions shall include the total dollars spent to date, 
     the estimated total cost of each program, and the estimated 
     lifetime of each program.
       (3) A description of current Department of Defense 
     renewable energy investment initiatives throughout the 
     Department of Defense, by military service, including the use 
     of any ``renewable energy source'' as specified in section 
     2911(e)(2) of title 10, United States Code. These 
     descriptions will include the total dollars spent to date, 
     the estimated total cost of the program, and the estimated 
     lifetime of the program.
       (4) A description of the estimated and expected savings of 
     each of the programs described in paragraphs (1), (2), and 
     (3), including a comparison of the renewable energy cost to 
     the current cost of conventional energy sources, as well as a 
     comparison of the renewable energy cost to the average energy 
     cost for the previous 10 years.
       (5) An assessment of the adequacy of the coordination by 
     the Department of Defense of planning for renewable energy 
     projects with consideration for savings realized for dollars 
     invested and the capitalization costs of such investments.
       (6) An assessment of the adequacy of the coordination by 
     the Department of Defense among the service branches and the 
     Department of Defense as a whole, and whether or not the 
     Department of Defense has a cost-effective, capabilities-
     based, and coordinated renewable energy research, 
     development, and investment strategy.
       (7) An assessment of the programmatic, organizational, and 
     resource challenges and gaps faced by the Department of 
     Defense in optimizing research, development, and investment 
     in renewable energy initiatives.
       (8) Recommendations regarding the need for a new energy 
     strategy for the Department of Defense that provides the 
     Department with the energy supply required to meet all the 
     needs and capabilities of the Armed Forces in the most cost-
     effective and efficient manner.
                                 ______
                                 
  SA 1358. Mr. HOEVEN 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 I, add the following:

     SEC. 136. SENSE OF CONGRESS ON RQ-4 GLOBAL HAWK PROGRAM.

       It is the sense of Congress that the Secretary of the Air 
     Force should follow the direction in the Acquisition Decision 
     Memorandum regarding the RQ-4 Global Hawk program issued June 
     14, 2011.

[[Page S7919]]

                                 ______
                                 
  SA 1359. 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 B of title XXXI, add the following:

     SEC. 3116. ONE-YEAR EXTENSION OF SCHEDULE FOR DISPOSITION OF 
                   WEAPONS-USABLE PLUTONIUM AT SAVANNAH RIVER 
                   SITE.

       Section 4306 of the Atomic Energy Defense Act (50 U.S.C. 
     2566) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by striking ``2012'' each place it 
     appears and inserting ``2013''; and
       (ii) in subparagraph (B), by striking ``2019'' and 
     inserting ``2020''; and
       (B) in paragraph (3)--
       (i) in subparagraph (C), by striking ``2012'' and inserting 
     ``2013''; and
       (ii) in subparagraph (D), by striking ``2017'' and 
     inserting ``2018'';
       (2) in subsection (b), by striking ``2012'' each place it 
     appears and inserting ``2013'';
       (3) in subsection (c)--
       (A) in the matter preceding paragraph (1), by striking 
     ``2012'' and inserting ``2013'';
       (B) in paragraph (1), by striking ``2014'' and inserting 
     ``2015''; and
       (C) in paragraph (2), by striking ``2020'' each place it 
     appears and inserting ``2021'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``2014'' and inserting ``2015''; and
       (ii) by striking ``2019'' and inserting ``2020''; and
       (B) in paragraph (2)(A), by striking ``2020'' each place it 
     appears and inserting ``2021''; and
       (5) in subsection (e), by striking ``2023'' and inserting 
     ``2024''.
                                 ______
                                 
  SA 1360. Mr. GRASSLEY (for himself 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:

       On page 17, strike lines 3 through 6, and insert the 
     following:
       (b) Construction.--
       (1) In general.--Nothing in this title or any amendment 
     made by this title shall be construed to apply to the 
     authorized law enforcement activities, protective duties, or 
     intelligence activities of the United States, including any 
     activities of an element of the intelligence community, or 
     any State or subdivision of a State.
       (2) Definitions.--In this subsection:
       (A) Intelligence community.--The term ``intelligence 
     community'' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 401a).
       (B) Protective duties.--The term ``protective duties'' 
     includes protective duties as authorized--
       (i) by section 3056 of title 18, United States Code;
       (ii) by section 37 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2709); or
       (iii) by a presidential memorandum.
                                 ______
                                 
  SA 1361. 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. ENERGY DEVELOPMENT AT MILITARY INSTALLATIONS.

       Section 35 of the Mineral Leasing Act (30 U.S.C. 191) is 
     amended--
       (1) in subsection (a), in the first sentence, in the matter 
     preceding the proviso, by striking ``All money received'' and 
     inserting ``Subject to subsection (d), all money received''; 
     and
       (2) by adding at the end the following:
       ``(d) Certain Sales, Bonuses, and Royalties.--
       ``(1) In general.--Of the amount that is retained by the 
     Secretary of the Treasury and not paid to a State under 
     subsection (a), the Secretary of the Treasury shall transfer 
     to the Department of Defense an amount equal to the amount 
     received from all sales, bonuses, rentals, or royalties 
     (including interest charges) that arises from the production 
     or leasing of oil or shale gas at each military installation 
     that holds title to, or occupies, land on which oil and gas 
     production is carried out.
       ``(2) Use of funds.--Any amount received by a military 
     installation under paragraph (1) shall be used to offset 
     costs arising from--
       ``(A) administrative operations and expenses to comply with 
     this section; and
       ``(B) the maintenance and repair of facilities and 
     infrastructure of the military installation.''.
                                 ______
                                 
  SA 1362. 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 E of title X, add the following:

     SEC. 1049. TRANSFER OF VIETNAM ERA F-105 AIRCRAFT.

       (a) Conveyance of Aircraft.--Subject to subsection (c), the 
     Secretary of the Air Force may convey to a private entity all 
     right, title, and interest of the United States in and to a 
     Republic F-105G Thunderchief aircraft (serial number 62-
     04427) that is excess to the operational requirements of the 
     Air Force for the purpose of permitting the private entity to 
     restore the aircraft to flying condition to honor veterans of 
     the Vietnam War though memorial flights and for the education 
     and enjoyment of future generations of Americans. The 
     Secretary is not required to repair or alter the aircraft 
     before conveying ownership.
       (b) Additional Conveyances.--To ensure the continued 
     operational capability of the aircraft conveyed under 
     subsection (a), the Secretary shall also convey all right, 
     title, and interest of the United States in and to the 
     following:
       (1) Historic logbooks (airframes and engines) and 
     maintenance and operations manuals specific to the F-105 
     aircraft, its subsystems, and support equipment that may be 
     in the Air Force logistical library.
       (2) Excess spare parts, including six F-105 engines, six 
     non-flyable F-105 airframes, and one F-105 aircraft (63-
     08287)identified as excess, that may be used for parts 
     reclamation or subsequent static display.
       (3) The following J-79-15 engines: serial numbers 439550-
     15E, 439538-15E, 439671-15E, 420244-15A, and 434604-15A, or 
     four equivalent zero time J-79-15 engines.
       (c) Conditions of Conveyances.--
       (1) Conditional deed of gift.--The conveyances under this 
     section shall be made by means of a conditional deed of gift.
       (2) No-cost conveyances.--The conveyances under this 
     section shall be at no cost to the United States. Any costs 
     associated with such conveyances, costs of determining 
     compliance with subsection (d), and costs of operation and 
     maintenance of the aircraft conveyed shall be borne by the 
     private entity concerned.
       (3) Restriction.--The Secretary shall include in the 
     instrument of conveyance a condition that the private entity 
     concerned operates and maintains the aircraft conveyed in 
     compliance with all applicable limitations and maintenance 
     requirements imposed by the Administrator of the Federal 
     Aviation Administration.
       (d) Demilitarization of Aircraft.--The private entity to 
     which an aircraft is conveyed under this section may carry 
     out the demilitarization of the aircraft if the 
     demilitarization of the aircraft is completed by the private 
     entity not later than one year after the date of the 
     conveyance of the aircraft to the private entity. Such 
     demilitarization shall not affect the flight status of the 
     aircraft.
       (e) Time for Conveyances.--The deed of gift and conveyances 
     under this section shall be completed not later than 90 days 
     after the date of the enactment of this Act, except that 
     final transfer of ownership of the aircraft under subsection 
     (a) may not occur until the Secretary determines that the 
     private entity concerned has altered the aircraft in such a 
     manner as the Secretary considers necessary to ensure that 
     the aircraft does not have any capability for use as a 
     platform for launching or releasing offensive weapons. In 
     applying section 2572 of title 10, United States Code, to the 
     conveyance under subsection (a), demilitarization will not be 
     applied to non-offensive weapon systems extant on the 
     aircraft. The non-flyable airframes to be conveyed under 
     subsection (b)(2) are not subject to non-weapons related 
     demilitarization.
       (f) Clarification of Liability.--Notwithstanding any other 
     provision of law, upon the conveyance of ownership of the 
     aircraft to the private entity concerned under subsection (a) 
     and the conveyance of other material under subsection (b), 
     the United States shall not be liable for any death, injury, 
     loss, or damage that results from any use of that aircraft or 
     material by any person other than the United States.
       (g) Private Entity Defined.--In this section, the term 
     ``private entity'' means any organization that--
       (1) meets the requirements of the Air Force for purposes of 
     the transfer of combat materiel;
       (2) is an entity included in section 2572(a) of title 10, 
     United States Code, or under section 501(c)(3) of the 
     Internal Revenue Code of 1986; and
       (3) is determined by the Secretary--

[[Page S7920]]

       (A) to be capable of restoring, displaying, and preserving 
     the aircraft referred to in subsection (a) in its original 
     flight condition;
       (B) to be capable of safely operating and maintaining the 
     aircraft in memorial flights at air shows and similar events; 
     and
       (C) to have the capability to maintain the aircraft as a 
     fitting flying tribute in commemoration of those Americans 
     who have served or are now serving our nation as members of 
     the Armed Forces.
       (h) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyances under this section as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1363. 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 C of title XII, add the following:

     SEC. 1243. ANNUAL REPORT ON MILITARY AND SECURITY 
                   DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       Section 1202(b) of the National Defense Authorization Act 
     for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 
     U.S.C. 113 note) is amended--
       (1) by redesignating paragraph (12) as paragraph (13); and
       (2) by inserting after paragraph (11) the following new 
     paragraph:
       ``(12) Chinese military-to-military relationships with 
     other countries, including--
       ``(A) the size and activity of military attache offices 
     around the world;
       ``(B) military education programs conducted in China for 
     others countries or in other countries for the Chinese; and
       ``(C) the size and scope of purchases of foreign military 
     hardware and software by the Chinese and from the Chinese.''.
                                 ______
                                 
  SA 1364. Mr. COBURN 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. DISPOSAL OF SURPLUS OR EXCESS TANGIBLE PROPERTY OF 
                   THE DEPARTMENT OF DEFENSE SOLELY BY PUBLIC 
                   SALE.

       Notwithstanding any other provision of law, surplus or 
     excess tangible property of the Department of Defense shall 
     be disposed of solely by public sale.
                                 ______
                                 
  SA 1365. Mr. COBURN 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. CONSOLIDATION OF DUPLICATIVE AND OVERLAPPING 
                   AGENCIES, PROGRAMS, AND ACTIVITIES OF THE 
                   FEDERAL GOVERNMENT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall, in coordination 
     with the heads of other departments and agencies of the 
     Federal Government--
       (1) use available administrative authority to eliminate, 
     consolidate, or streamline Government agencies, programs, and 
     activities with duplicative and overlapping missions as 
     identified in the March 2011 Government Accountability Office 
     report to Congress entitled ``Opportunities to Reduce 
     Potential Duplication in Government Programs, Save Tax 
     Dollars, and Enhance Revenue'' (GAO-11-318SP);
       (2) identify and submit to Congress a report setting the 
     legislative action required to further eliminate, 
     consolidate, or streamline Government agencies, programs, and 
     activities with duplicative and overlapping missions as 
     identified in the report referred to in paragraph (1); and
       (3) determine and submit to Congress in the report the 
     total cost savings that--
       (A) will accrue to each department, agency, and office 
     effected by an action under paragraph (1) as a result of the 
     actions taken under that paragraph; and
       (B) could accrue to each department, agency, and office 
     effected by an action under paragraph (2) as a result of the 
     actions proposed to be taken under that paragraph using the 
     legislative authority set forth under that paragraph.
                                 ______
                                 
  SA 1366. Mr. COBURN 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. LIMITATION ON AMOUNTS AVAILABLE IN FISCAL YEAR 2012 
                   FOR TUITION ASSISTANCE PROGRAMS OF THE 
                   DEPARTMENT OF DEFENSE.

       Notwithstanding any other provision of this Act, the total 
     amount available in this Act for fiscal year 2012 for tuition 
     assistance programs of the Department of Defense may not 
     exceed $100,000,000.
                                 ______
                                 
  SA 1367. Mr. COBURN 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:

       After section 2003, insert the following:

     SEC. 2004. LIMITATION ON FUNDING FOR MILITARY CONSTRUCTION 
                   PROJECTS IN EUROPE.

       Not more than 25 percent of the amounts authorized to be 
     appropriated under this division for military construction, 
     land acquisition, and military family housing functions of 
     the Department of Defense and the military departments may be 
     obligated or expended until the Secretary of Defense submits 
     to the congressional defense committees a report on 
     comprehensive data of the theater posture plan for the United 
     States European Command.
                                 ______
                                 
  SA 1368. Mr. COBURN 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. REPORT ON BALANCES CARRIED FORWARD BY THE 
                   DEPARTMENT OF DEFENSE AT THE END OF FISCAL YEAR 
                   2011.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress, 
     and publish on the Internet website of the Department of 
     Defense available to the public, the following:
       (1) The total dollar amount by account of all balances 
     carried forward by the Department of Defense at the end of 
     fiscal year 2011 by account.
       (2) The total dollar amount by account of all unobligated 
     balances specifying those amounts carried forward by the 
     Department of Defense at the end of fiscal year 2011 by 
     account.
       (3) The total dollar amount by account of any balances 
     (both obligated and unobligated) that have been carried 
     forward by the Department of Defense for five years or more 
     as of the end of fiscal year 2011 by account.
       (4) An explanation of the unobligated balances by account.
                                 ______
                                 
  SA 1369. Mr. COBURN 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 V, add the following:

     SEC. 574. TERMINATION OF THE DOMESTIC DEPENDENT ELEMENTARY 
                   AND SECONDARY SCHOOL SYSTEM.

       (a) Termination Required.--The Secretary of Defense shall 
     terminate the Domestic Dependent Elementary and Secondary 
     School (DDESS) system of the Department of Defense by not 
     later than September 30, 2015.
       (b) Closure of Schools.--In terminating the Domestic 
     Dependent Elementary and Secondary School system under 
     subsection (a), the Secretary shall provide for the orderly 
     closure of the schools in the system and the orderly transfer 
     of the students in such schools to other appropriate schools.
       (c) Impact Assistance.--The Secretary of Defense may 
     provide to any local educational agency matriculating a 
     student formerly covered by the Domestic Dependent Elementary 
     and Secondary School system by reason of the termination of 
     the system under subsection (a) an amount not to exceed 
     $12,000 for such student per academic

[[Page S7921]]

     year in order to assist such agency in defraying the costs of 
     education of such student.
                                 ______
                                 
  SA 1370. Mr. COBURN 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 VI, add the following:

                       Subtitle D--Other Matters

     SEC. 641. CONSOLIDATION OF COMMISSARY AND EXCHANGE STORES OF 
                   THE DEPARTMENT OF DEFENSE INTO A SINGLE RETAIL 
                   STORE SYSTEM.

       (a) In General.--By not later than five years after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall consolidate the stores of the commissary system of the 
     Department of Defense and the exchange systems of the 
     Department of Defense into a single retail store system that 
     relies solely upon sales revenues to cover the costs of 
     operation.
       (b) Grocery Allowance.--Upon completion of the 
     consolidation required by subsection (a), the Secretary of 
     the military department concerned may pay members of the 
     Armed Forces under the jurisdiction of the Secretary an 
     allowance to assist members in defraying additional costs 
     incurred by members and their dependents for groceries sold 
     at the single retail store system as result of increased 
     charges for groceries imposed by the retail store system in 
     order to rely solely upon sales revenues to cover the costs 
     of operation. Amounts for allowances under this subsection 
     shall be available from amounts authorized to be appropriated 
     for the pay and allowance of military personnel.
                                 ______
                                 
  SA 1371. Mr. COBURN 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. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

       (a) In General.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
                                 ______
                                 
  SA 1372. 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 C of title V, add the following:

     SEC. 527. TEMPORARY EXTENSION OF AUTHORITY TO ORDER RETIRED 
                   MEMBERS OF THE ARMED FORCES TO ACTIVE DUTY IN 
                   HIGH-DEMAND, LOW-DENSITY ASSIGNMENTS.

       Section 688a(f) of title 10, United States Code, is amended 
     by striking ``December 31, 2011'' and inserting ``December 
     31, 2012''.
                                 ______
                                 
  SA 1373. 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 A of title X, add the following:

     SEC. 1005. REIMBURSEMENT OF COSTS INCURRED BY UNITED STATES 
                   CITIZENSHIP AND IMMIGRATION SERVICES FOR 
                   PROCESSING AND ADJUDICATING APPLICATIONS FOR 
                   CITIZENSHIP OF MILITARY PERSONNEL.

       (a) In General.--Subchapter I of chapter 134 of title 10, 
     United States Code, is amended by inserting after section 
     2245a the following new section:

     ``Sec. 2246. Use of operation and maintenance funds to 
       reimburse Department of Homeland Security for costs of 
       processing citizenship applications of military personnel

       ``(a) In General.--Using funds available for operation and 
     maintenance and notwithstanding section 2215 of this title, 
     the Secretary of Defense may reimburse the Secretary of 
     Homeland Security for costs associated with the processing 
     and adjudication by United States Citizenship and Immigration 
     Services of applications for naturalization under sections 
     328 and 329 of the Immigration and Nationality Act (8 U.S.C. 
     1439 and 1440).
       ``(b) Disposition of Funds.--Any amount received by the 
     Secretary of Homeland Security as a reimbursement under 
     subsection (a) shall be deposited, and shall remain 
     available, as provided by subsections (m) and (n), 
     respectively, of section 286 of such Act (8 U.S.C. 1356).
       ``(c) Determination of Amount of Reimbursements.--The 
     amount of reimbursements under subsection (a) shall be based 
     on actual costs incurred by United States Citizenship and 
     Immigration Services for processing and adjudicating 
     applications for naturalization described in subsection (a).
       ``(d) Annual Limitation.--The amount of reimbursements 
     under this section in any fiscal year may not exceed the 
     amount appropriated for that purpose for that fiscal year.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter I of chapter 134 of such title is 
     amended by inserting after the item relating to section 2245a 
     the following new item:

``2246. Use of operation and maintenance funds to reimburse Department 
              of Homeland Security for costs of processing citizenship 
              applications of military personnel.''.
                                 ______
                                 
  SA 1374. Mr. AKAKA 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. NATIONAL LANGUAGE SERVICE CORPS.

       (a) Charter for NLSC.--The David L. Boren National Security 
     Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by 
     adding at the end the following new section:

     ``SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.

       ``(a) Establishment.--(1) The Secretary of Defense shall 
     establish and maintain within the Department of Defense a 
     National Language Service Corps (in this section referred to 
     as the `Corps').
       ``(2) The purpose of the Corps is to provide a pool of 
     personnel with foreign language skills who, as provided in 
     regulations prescribed under this section, agree to provide 
     foreign language services to the Department of Defense or 
     another department or agency of the United States.
       ``(b) National Security Education Board.--The Secretary 
     shall provide for the National Security Education Board to 
     oversee and coordinate the activities of the Corps to such 
     extent and in such manner as determined by the Secretary 
     under paragraph (9) of section 803(f).
       ``(c) Membership.--To be eligible for membership in the 
     Corps, a person must be a citizen of the United States 
     authorized by law to be employed in the United States, have 
     attained the age of 18 years, and possess such foreign 
     language skills as the Secretary considers appropriate for 
     membership in the Corps. Members of the Corps may include 
     employees of the Federal Government and of State and local 
     governments.
       ``(d) Training.--The Secretary may provide members of the 
     Corps such training as the Secretary prescribes for purposes 
     of this section.
       ``(e) Service.--Upon a determination that it is in the 
     national interests of the United States, the Secretary may 
     call upon members of the Corps to provide foreign language 
     services to the Department of Defense or another department 
     or agency of the United States.
       ``(f) Funding.--The Secretary may impose fees, in amounts 
     up to full-cost recovery, for language services and technical 
     assistance rendered by members of the Corps. Amounts of fees 
     received under this section shall be credited to the account 
     of the Department providing funds for any costs incurred by 
     the Department in connection with the Corps. Amounts so 
     credited to such account shall be merged with amounts in such 
     account, and shall be available to the same extent, and 
     subject to the same conditions and limitations, as amounts in 
     such account. Any amounts so credited shall remain available 
     until expended.''.

[[Page S7922]]

       (b) National Security Education Board Matters.--
       (1) Composition.--Subsection (b) of section 803 of such Act 
     (50 U.S.C. 1903) is amended--
       (A) by striking paragraph (5);
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (9), respectively; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Secretary of Energy.
       ``(7) The Director of National Intelligence.''.
       (2) Functions.--Subsection (d) of such section is amended 
     by adding at the end the following new paragraph:
       ``(9) To the extent provided by the Secretary of Defense, 
     oversee and coordinate the activities of the National 
     Language Service Corps under section 813, including--
       ``(A) identifying and assessing on a periodic basis the 
     needs of the departments and agencies of the Federal 
     Government for personnel with skills in various foreign 
     languages;
       ``(B) establishing plans to address shortfalls and 
     requirements, such as recruitment, member assignments and 
     return, deployment, redeployment, and public information;
       ``(C) coordinating activities with Executive agencies and 
     State and local governments to develop interagency plans and 
     agreements to address overall language shortfalls and to 
     utilize personnel to address the various types of crises that 
     warrant language skills; and
       ``(D) proposing to the Secretary regulations to carry out 
     section 813.''.
                                 ______
                                 
  SA 1375. 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; 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.

       (a) Findings.--Congress finds that--
       (1) scouting prepares young men for leadership by--
       (A) helping them learn to meet challenges of physical 
     fitness, moral character, confidence, self-reliance, and 
     leadership; and
       (B) teaching them the importance of service to others, 
     including public service;
       (2) the relationship between the Boy Scouts of America and 
     Department of Defense, including the National Guard, has 
     consistently been, and remains, strong;
       (3) the primary purpose of the Armed Forces is to defend 
     the national security of the United States and prepare for 
     combat, of which one of the most critical elements is 
     training in conditions that simulate the planning, logistics, 
     and leadership required for combat;
       (4) the National Scout Jamboree provides a unique training 
     opportunity for the military services by providing a venue to 
     exercise planning, logistics, and leadership skills required 
     for defending the national security of the United States;
       (5) title 10, United State Code, authorizes the Secretary 
     of Defense to support the National and World Scout Jamborees;
       (6) more than 600 National Guard members from 15 States 
     supported the 2010 National Boy Scout Jamboree; and
       (7) the Boy Scouts of America will hold the 2013 National 
     Jamboree at the Summit Bechtel Family National Scout Reserve 
     in the State of West Virginia from July 15 through 24, 2013, 
     with more than 43,000 expected participants.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Secretary of Defense should provide the maximum 
     level of support for the 2013 National Scout Jamboree; and
       (2) funding necessary to support the role of the Department 
     of Defense in the 2013 National Scout Jamboree should be 
     identified to ensure that the Boy Scouts of America are 
     successful in hosting the 2013 National Scout Jamboree and to 
     avoid delayed commitments from supporting Armed Forces 
     services.
                                 ______
                                 
  SA 1376. 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 C of title VI, add the following:

     SEC. 634. SURVIVOR BENEFIT PLAN ANNUITIES FOR SPECIAL NEEDS 
                   TRUSTS ESTABLISHED FOR THE BENEFIT OF DEPENDENT 
                   CHILDREN INCAPABLE OF SELF-SUPPORT.

       (a) Special Needs Trust as Eligible Beneficiary.--
       (1) In general.--Subsection (a) of section 1450 of title 
     10, United States Code, is amended--
       (A) by redesignating paragraph (4) as paragraph (5); and
       (B) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) Special needs trusts for sole benefit of certain 
     dependent children.--Notwithstanding subsection (i), a 
     supplemental or special needs trust established under 
     subparagraph (A) or (C) of section 1917(d)(4) of the Social 
     Security Act (42 U.S.C. 1396p(d)(4)) for the sole benefit of 
     a dependent child considered disabled under section 
     1614(a)(3) of that Act (42 U.S.C. 1382c(a)(3)) who is 
     incapable of self-support because of mental or physical 
     incapacity.''.
       (2) Conforming amendment.--Subsection (i) of such section 
     is amended by inserting ``(a)(4) or'' after ``subsection''.
       (b) Regulations.--Section 1455(d) of such title is 
     amended--
       (1) in the subsection caption, by striking ``and 
     Fiduciaries'' and inserting ``, Fiduciaries, and Special 
     Needs Trusts'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) a dependent child incapable of self-support because 
     of mental or physical incapacity for whom a supplemental or 
     special needs trust has been established under subparagraph 
     (A) or (C) of section 1917(d)(4) of the Social Security Act 
     (42 U.S.C. 1396p(d)(4)).'';
       (3) in paragraph (2)--
       (A) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (D) through (I), respectively;
       (B) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) In the case of an annuitant referred to in paragraph 
     (1)(C), payment of the annuity to the supplemental or special 
     needs trust established for the annuitant.'';
       (C) in subparagraph (D), as redesignated by subparagraph 
     (A) of this paragraph, by striking ``subparagraphs (D) and 
     (E)'' and inserting ``subparagraphs (E) and (F)''; and
       (D) in subparagraph (H), as so redesignated--
       (i) by inserting ``or (1)(C)'' after ``paragraph (1)(B)'' 
     in the matter preceding clause (i);
       (ii) in clause (i), by striking ``and'' at the end;
       (iii) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (iv) by adding at the end the following new clause:
       ``(iii) procedures for determining when annuity payments to 
     a supplemental or special needs trust shall end based on the 
     death or marriage of the dependent child for which the trust 
     was established.''; and
       (4) in paragraph (3), by striking ``or fiduciary'' in the 
     paragraph caption and inserting ``, fiduciary, or trust''.
                                 ______
                                 
  SA 1377. Mr. REED 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:

       On page 5, strike lines 7 through 19 and insert the 
     following:
       ``(7) The Chief of the National Guard Bureau for the 
     purpose of addressing matters involving non-Federalized 
     National Guard forces in support of homeland defense and 
     civil support missions.''.
                                 ______
                                 
  SA 1378. Mr. REED 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,

[[Page S7923]]

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:

       On page 2, strike line 15 and all that follows through page 
     5 line 19, and insert the following:
       ``(A) have had at least 10 years of federally recognized 
     service in an active status in the National Guard; and
       ``(B) 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.

       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 for the 
     purpose of addressing issues involving non-federalized 
     National Guard forces in support of homeland defense and 
     civil support missions.''.

     SEC. 1603A. REPEAL OF REQUIREMENT THAT THE CHIEF OF THE 
                   NATIONAL GUARD BUREAU BE APPOINTED FROM AMONG 
                   OFFICERS RECOMMENDED FOR APPOINTMENT BY THE 
                   GOVERNORS OF THE STATES.

       Section 10502(a) of title 10, United States Code, is 
     amended--
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
                                 ______
                                 
  SA 1379. Mrs. BOXER (for herself and Mr. Lugar) 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. 1088. REAUTHORIZATION OF UNITED STATES ADVISORY 
                   COMMISSION ON PUBLIC DIPLOMACY.

       Section 1334 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2010'' and inserting ``October 1, 
     2013''.
                                 ______
                                 
  SA 1380. Mr. CORKER (for himself and Mr. kyl) 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 XXXI, add the following:

     SEC. 3104. AUTHORIZATION OF TRANSFER OF AMOUNTS FROM 
                   DEPARTMENT OF DEFENSE TO NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) In General.--Subject to subsection (b), if the amount 
     appropriated for the weapons activities of the National 
     Nuclear Security Administration for fiscal year 2012 is less 
     than the amount authorized to be appropriated for those 
     activities for that fiscal year by this title, the Secretary 
     of Defense may transfer, from amounts appropriated for the 
     Department of Defense for fiscal year 2012, to the Secretary 
     of Energy for the weapons activities of the National Nuclear 
     Security Administration an amount equal to the difference 
     between the amount appropriated and the amount authorized to 
     be appropriated for weapons activities for fiscal year 2012.
       (b) Applicability of Notification and Approval 
     Procedures.--The transfer authorized under subsection (a) 
     shall be subject to the procedures with respect to 
     notification of and approval by Congress that apply generally 
     to transfers of appropriations by the Department of Defense.
                                 ______
                                 
  SA 1381. 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:

       On page 360, between lines 17 and 18, insert the following:
       ``(d) Limitation on Applicability to United States 
     Persons.--Authority to detain a person under this section 
     does not extend to citizens or lawful resident aliens of the 
     United States arrested or captured in the United States.''.
                                 ______
                                 
  SA 1382. 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:

       On page 360, between lines 17 and 18, insert the following:
       ``(d) Limitation on Applicability to United States 
     Persons.--Authority to detain a person under this section 
     does not extend to citizens or lawful resident aliens of the 
     United States.''.
                                 ______
                                 
  SA 1383. 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:

       On page 359, line 13, after ``(as defined in subsection 
     (b))'' insert ``captured abroad''.
                                 ______
                                 
  SA 1384. 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

[[Page S7924]]

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.
       (C) To prevent the unauthorized marketing.
                                 ______
                                 
  SA 1385. 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 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 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 1386. Mr. KYL (for himself and 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 A of title XXXI, add the following:

     SEC. 3104. AUTHORIZATION OF TRANSFER OF AMOUNTS FROM 
                   DEPARTMENT OF STATE TO NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) In General.--Subject to subsection (b), if the amount 
     appropriated for the weapons activities of the National 
     Nuclear Security Administration for fiscal year 2012 is less 
     than the amount authorized to be appropriated for those 
     activities for that fiscal year by this title, the Secretary 
     of State may transfer, from amounts appropriated for the 
     Department of State for fiscal year 2012, to the Secretary of 
     Energy for the weapons activities of the National Nuclear 
     Security Administration an amount equal to the difference 
     between the amount appropriated and the amount authorized to 
     be appropriated for weapons activities for fiscal year 2012.
       (b) Applicability of Notification and Approval 
     Procedures.--The transfer authorized under subsection (a) 
     shall be subject to the procedures with respect to 
     notification of and approval by Congress that apply generally 
     to transfers of appropriations by the Department of State.
                                 ______
                                 
  SA 1387. 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; which was ordered to lie on the table; as follows:

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

     SEC. 1088. DESIGNATION OF THE HAQQANI NETWORK AS A FOREIGN 
                   TERRORIST ORGANIZATION.

       (a) Findings.--Congress makes the following findings:
       (1) In a September 28, 2011, press briefing White House 
     Press Secretary Jay Carney stated that ``[w]e have said 
     unequivocally that the Haqqani network was responsible for 
     the recent attack on the U.S. embassy in Kabul and on ISAF 
     headquarters in Kabul. And the fact that they are able to 
     operate in Afghanistan because they have a safe haven in 
     Pakistan is a matter of great concern. And we have urged our 
     counterparts in Pakistan to take action and raise with them 
     the importance of doing so''.
       (2) A report of the Congressional Research Service on 
     relations between the United States and Pakistan states that 
     ``[t]he terrorist network led by Jalaluddin Haqqani and his 
     son Sirajuddin, based in the FATA, is commonly identified as 
     the most dangerous of Afghan insurgent groups battling U.S.-
     led forces in eastern Afghanistan''.
       (3) The report further states that, in mid-2011, the 
     Haqqanis undertook several high-visibility attacks in 
     Afghanistan that led to a spike in frustrations being 
     expressed by top United States and Afghanistan officials. 
     First, a late June assault on the Intercontinental Hotel in 
     Kabul by 8 Haqqani gunmen and suicide bombers left 18 people 
     dead. Then, on September 10, a truck bomb attack on a United 
     States military base by Haqqani fighters in the Wardak 
     province injured 77 United States troops and killed 5 
     Afghans. But it was a September 13 attack on the United 
     States Embassy compound in Kabul that appears to have 
     substantively changed the nature of relations between the 
     United States and Pakistan. The well-planned, well-executed 
     assault sparked a 20-hour-long gun battle and left 16 Afghans 
     dead, 5 police officers and at least 6 children among them.
       (4) The report further states that ``U.S. and Afghan 
     officials concluded the Embassy attackers were members of the 
     Haqqani network. Days after the raid, Admiral Mullen called 
     on General Kayani to again press for Pakistani military 
     action against Haqqani bases. Apparently unsatisfied with his 
     counterpart's response, Mullen returned to Washington, DC, 
     and began ramping up rhetorical pressure to previously unseen 
     levels, accusing the ISI of using the Haqqanis to conduct a 
     ``proxy war'' in Afghanistan. Meanwhile, Secretary Panetta 
     issued what was taken by many to be an ultimatum to Pakistan 
     when he told reporters that the United States would ``take 
     whatever steps are necessary to protect our forces'' in 
     Afghanistan from future attacks by the Haqqanis.
       (5) In September 22, 2011, testimony before the Committee 
     on Armed Services of the Senate, Admiral Mullen stated that 
     ``[t]he Haqqani network, for one, acts as a veritable arm of 
     Pakistan's Inter-Services Intelligence agency. With ISI 
     support, Haqqani operatives plan and conducted that 
     [September 13] truck bomb attack, as well as the assault on 
     our embassy. We also have credible evidence they were behind 
     the June 28th attack on the Intercontinental Hotel in Kabul 
     and a host of other smaller but effective operations''.
       (6) In October 27, 2011, testimony before the Committee on 
     Foreign Affairs of the House of Representatives, Secretary of 
     State Hillary Clinton stated that ``with respect to the 
     Haqqani Network, it illustrates this point. There was a major 
     military operation that was held in Afghanistan just in the 
     past week that rounded up and eliminated more than 100 
     Haqqani Network operatives. And we are taking action to 
     target the Haqqani leadership on both sides of the border. 
     We're increasing international efforts to squeeze them 
     operationally and financially. We are already working with 
     the Pakistanis' to target those who are behind a lot of the 
     attacks against Afghans and Americans. And I made it very 
     clear to the Pakistanis that the attack on our embassy was an 
     outrage and the attack on our forward operating base that

[[Page S7925]]

     injured 77 of our soldiers was a similar outrage''.
       (7) At the same hearing, Secretary of State Clinton further 
     stated that ``[w]ell, Congressman, I think everyone agrees 
     that the Haqqani Network has safe havens inside Pakistan; 
     that those safe havens give them a place to plan and direct 
     operations that kill Afghans and Americans''.
       (8) On November 1, 2011, the United States Government added 
     Haji Mali Kahn to a list of specially designated global 
     terrorists under Executive Order 13224. The Department of 
     State described Khan as ``a Haqqani Network commander'' who 
     has ``overseen hundreds of fighters, and has instructed his 
     subordinates to conduct terrorist acts.'' ``Mali Khan has 
     provided support and logistics to the Haqqani Network, and 
     has been involved in the planning and execution of attacks in 
     Afghanistan against civilians, coalition forces, and Afghan 
     police,'' the designation continued. In June 2011, ``Mali 
     Khan's deputy provided support to the suicide bombers 
     responsible for the attacks on the Intercontinental Hotel in 
     Kabul, Afghanistan. The attack resulted in the death of 12 
     people''. Jason Blazakis, the chief of the Terrorist 
     Designations Unit of the Department of State, has also been 
     quoted in several media outlets as stating Khan also has 
     links to al-Qaeda.
       (9) Five other top Haqqani Network leaders have been placed 
     on the list of specially designated global terrorists under 
     Executive Order 13224 since 2008, and three of them have been 
     so placed in the last year. Sirajuddin Haqqani, the overall 
     leader of the Haqqani Network as well as the leader of the 
     Taliban's Mira shah Regional Military Shura, was designated 
     by the Department of State as a terrorist in March 2008, and 
     in March 2009, the Department of State put out a bounty of 
     $5,000,000 for information leading to his capture. The other 
     four individuals so designated are Nasiruddin Haqqani, Khalil 
     al Rahman Haqqani, Badruddin Haqqani, and Mullah Sangeen 
     Zadran.
       (10) The Haqqani Network meets the criteria for designation 
     as a foreign terrorist organization in that it is a foreign 
     organization, it engages in and retains the capability and 
     intent to engage in terrorism, and it threatens the security 
     of United States nationals and the national defense, foreign 
     relations, and economic interests of the United States.
       (b) Designation.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     designate the Haqqani Network as a foreign terrorist 
     organization under section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (2) Waiver.--The President may waive the requirement in 
     paragraph (1) if the President submits to the appropriate 
     committees of Congress a certification in writing that--
       (A) the Haqqani Network does not threaten the security of 
     United States nationals and the national defense, foreign 
     relations, and economic interests of the United States; and
       (B) the waiver is in the national security interests of the 
     United States.
       (3) Justification.--The certification submitted under 
     paragraph (2) shall include a written justification for the 
     waiver covered by the certification.
       (4) Appropriate committees of congress defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Select Committee on Intelligence 
     of the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 1388. Mr. RUBIO 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. REPORT ON CUBA.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in consultation with the Director of National 
     Intelligence and the Secretary of State, submit to the 
     appropriate committees of Congress a report setting forth the 
     following:
       (1) A description of the cooperative agreements, 
     relationships, or both between Cuba, on the one hand, and 
     Iran, North Korea, and other states suspected of nuclear 
     proliferation, on the other hand.
       (2) A detailed description of the economic support provided 
     by the Government of Venezuela to the Government of Cuba and 
     the intelligence and other support provided by the Government 
     of Cuba to the Government of Venezuela.
       (3) A review of the evidence of relationships between the 
     Government of Cuba, or any of its components, and drug 
     cartels, and of the involvement of the Government of Cuba, or 
     any of its components, in other drug trafficking activities.
       (4) A description of the status and extent of any 
     clandestine activities of the Government of Cuba in the 
     United States.
       (5) A description of the extent of support by the 
     Government of Cuba for governments in Venezuela, Bolivia, 
     Ecuador, and Central America, including cooperation on cyber 
     matters with such governments.
       (6) A description of the status and extent of the research 
     and development program of the Government of Cuba for 
     biological weapons production.
       (7) A description of the status and extent of the cyber 
     warfare program of the Government of Cuba.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Appropriations and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committees on Armed Services and Appropriations and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
                                 ______
                                 
  SA 1389. 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:

       On page 439, line 18, insert ``, in consultation with the 
     Chairmen and Ranking Members of the Committees on Armed 
     Services of the Senate and the House of Representatives,'' 
     after ``Secretary of Defense''.
                                 ______
                                 
  SA 1390. Mr. COATS 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. REPORT ON PROHIBITION ON FIXED CONTRACT ESCALATION 
                   RATES IN CONTRACTS OF THE DEPARTMENT OF 
                   DEFENSE.

       (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 setting forth an assessment 
     of the feasibility and advisability of prohibiting fixed 
     contract escalation rates in contracts of the Department of 
     Defense and using instead contract escalation rates tied to 
     appropriate economic indices. The report shall include an 
     estimate of the cost savings to be achieved by the Department 
     through such prohibition and use.
       (b) Fixed Contract Escalation Rate Defined.--In this 
     section, the term ``fixed contract escalation rate'' means an 
     escalation rate for a contract that provides for escalation 
     of the contract over annual or other periods at an unvarying 
     rate fixed at the commencement of the contract.
                                 ______
                                 
  SA 1391. Mr. COATS 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. BEST PRICES FOR ITEMS TO BE PROCURED UNDER SPARE 
                   PARTS CONTRACTS.

       In procuring an item under a contract of the Department of 
     Defense for spare parts that is entered into on or after the 
     date of the enactment of this Act, the procurement officer 
     administering the contract shall--
       (1) if the item is available through the Defense Logistic 
     Agency, compare the price of the item under the contract with 
     the price of the item through the Defense Logistics Agency; 
     and
       (2) if the price of the item through the Defense Logistics 
     Agency is less than the price of the item under the contract, 
     procure the item through the Defense Logistics Agency rather 
     than under the contract.
                                 ______
                                 
  SA 1392. Mr. SANDERS 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:


[[Page S7926]]


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

     SEC. 827. ADEQUACY OF CONTRACTING OFFICER REPRESENTATIVES FOR 
                   OVERSEAS CONTINGENCY OPERATIONS.

       (a) Adequate Contracting Officer Representatives.--The 
     Secretary of Defense shall ensure that the Department of 
     Defense has a number of contracting officer representatives 
     assigned to overseas contingency operations that is 
     sufficient to provide proper oversight of government 
     contracts and to protect against waste, fraud, and abuse in 
     government contracts.
       (b) Reports.--Not later than March 1 of each of 2013, 2014, 
     and 2015, the Secretary shall submit to Congress a report 
     assessing the extent to which the number of contracting 
     officer representatives assigned to overseas continency 
     operations during the preceding calendar year was sufficient 
     to provide proper oversight of government contracts and to 
     protect against waste, fraud, and abuse in government 
     contracts.
                                 ______
                                 
  SA 1393. 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; which was ordered to lie on the table; as 
follows:

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

     SEC. 723. REPORT ON DEPARTMENT OF DEFENSE SUPPORT OF MEMBERS 
                   OF THE ARMED FORCES WHO EXPERIENCE TRAUMATIC 
                   INJURY AS A RESULT OF VACCINATIONS REQUIRED BY 
                   THE DEPARTMENT.

       (a) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretaries of the military 
     departments, submit to the Committees on Armed Services of 
     the Senate and the House of Representatives a report setting 
     forth the results of a comprehensive review (conducted for 
     purposes of the report) of the adequacy and effectiveness of 
     the policies, procedures, and systems of the Department of 
     Defense in providing support to members of the Armed Forces 
     who experience traumatic injury as a result of a vaccination 
     required by the Department.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) The number and nature of traumatic injuries incurred by 
     members of the Armed Forces as a result of a vaccination 
     required by the Department of Defense each year since January 
     1, 2001, set forth by aggregate in each year and by military 
     department in each year.
       (2) Such recommendations as the Secretary of Defense 
     considers appropriate for improvements to the policies, 
     procedures, and systems (including tracking systems) of the 
     Department to identify members of the Armed Forces who 
     experience traumatic injury as a result of a vaccination 
     required by the Department.
       (3) Such recommendations as the Secretary of Defense 
     considers appropriate for improvements to the policies, 
     procedures, and systems of the Department to support members 
     of the Armed Forces who experience traumatic injury as a 
     result of the administration of a vaccination required by the 
     Department.
                                 ______
                                 
  SA 1394. 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

[[Page S7927]]

       (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
       ``(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) Briefings.--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

[[Page S7928]]

     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
       ``(5) $222,000,000 for each fiscal year thereafter through 
     fiscal year 2025.''.
       (j) 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 1395. 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 the 
     congressional defense committees a report setting forth a 
     description and assessment of the effects of

[[Page S7929]]

     planned reductions of personnel at the Joint Warfare Analysis 
     Center (JWAC) on the personnel skills to be available at the 
     Center after the reductions. The report shall be in 
     unclassified form, but may contain a classified annex.
                                 ______
                                 
  SA 1396. Mr. WARNER (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:

       On page 529, in the table following line 16, strike the 
     item relating to ``Naval Station, Mayport''.
       On page 531, line 13, strike ``$2,641,457,000'' and insert 
     ``$2,626,459,000''.
       On page 531, line 16, strike ``$1,956,822,000'' and insert 
     ``$1,941,824,000''.
       On page 667, in the item relating to Massey Avenue Corridor 
     Improvements, Mayport, Florida, strike ``14,998'' in the 
     Senate Agreement column and insert ``0''.
       On page 668, in the item relating to Total Military 
     Construction, Navy, strike ``2,172,622'' in the Senate 
     Agreement column and insert ``2,157,624''.
                                 ______
                                 
  SA 1397. Mr. WARNER (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:

       On page 535, between lines 17 and 18, insert the following:

     SEC. 2209. LIMITATION ON FUNDING FOR ESTABLISHING A HOMEPORT 
                   FOR A NUCLEAR-POWERED AIRCRAFT CARRIER AT 
                   MAYPORT NAVAL STATION, FLORIDA.

       None of the funds appropriated pursuant to the 
     authorization of appropriations in section 2204 may be used 
     for architectural and engineering services and construction 
     design of any military construction project necessary to 
     establish a homeport for a nuclear-powered aircraft carrier 
     at Naval Station Mayport, Florida.
                                 ______
                                 
  SA 1398. 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. 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.--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.''.
       (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 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 1399. 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 C of title VII, add the following:

     SEC. 723. TREATMENT OF EYE WOUNDS SUSTAINED DURING COMBAT.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) veterans who have sustained eye injuries resulting from 
     combat operations are deserving of the highest quality health 
     care and rehabilitation efforts;
       (2) the Department of Defense should continue to vigorously 
     pursue efforts to identify new care options for eye injuries 
     sustained in combat operations; and
       (3) support for vision rehabilitation and corneal wound 
     research currently being done at hospitals and universities 
     around the United States should continue to be a priority of 
     the Department of Defense.
       (b) Comptroller General of the United States Report.--Not 
     later than June 1, 2012, the Comptroller General of the 
     United States shall submit to Congress a report setting forth 
     the following:
       (1) An assessment of the impact of research funded by the 
     Department of Defense on the development of new methods of 
     treatment for eye wounds sustained during combat operations.
       (2) An identification of gaps in current or planned 
     research on methods of treatment for eye wounds sustained 
     during combat operations, and an assessment of the resources 
     required to fill such gaps.
                                 ______
                                 
  SA 1400. 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. 1089. REPORT ON PROPOSED FEDERAL AVIATION ADMINISTRATION 
                   RULE WITH RESPECT TO FLIGHTCREW MEMBER DUTY AND 
                   REST REQUIREMENTS.

       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 report that contains the 
     following:
       (1) An assessment of the effects of the proposed rule of 
     the Federal Aviation Administration with respect to 
     flightcrew member duty and rest requirements (as described in 
     the notice of proposed rulemaking published in the Federal 
     Register on September 14, 2010 (75 Fed. Reg. 55852)) on 
     Department of Defense operations.
       (2) A description of--
       (A) the efforts of the United States Transportation Command 
     to inform the Administrator of the Federal Aviation 
     Administration of concerns with respect to the application of 
     the proposed rule; and
       (B) the response, if any, received by the United States 
     Transportation Command from the Administrator.
       (3) An assessment of options available to the United States 
     Transportation Command and other Federal agencies that rely 
     on support from the Civil Reserve Air Fleet to mitigate any 
     adverse effects of the potential rule.
                                 ______
                                 
  SA 1401. Mr. CORKER (for himself and Mr. Kyl) 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 XXXI, add the following:

     SEC. 3104. AUTHORIZATION OF TRANSFER OF AMOUNTS FROM 
                   DEPARTMENT OF DEFENSE TO NATIONAL NUCLEAR 
                   SECURITY ADMINISTRATION.

       (a) In General.--Subject to subsection (b), if the amount 
     appropriated for the weapons activities of the National 
     Nuclear Security Administration for fiscal year 2012 is less 
     than the amount authorized to be appropriated for those 
     activities for that fiscal year by this title, the Secretary 
     of Defense may transfer, from amounts appropriated for the 
     Department of Defense for fiscal year 2012 pursuant to an 
     authorization of appropriations under this Act, to the 
     Secretary of Energy for the weapons activities of the 
     National Nuclear Security Administration an amount equal to 
     the difference between the amount appropriated and the amount 
     authorized to be appropriated for weapons activities for 
     fiscal year 2012.

[[Page S7930]]

       (b) Applicability of Notification and Approval 
     Procedures.--The transfer authorized under subsection (a) 
     shall be subject to the procedures with respect to 
     notification of and approval by Congress that apply generally 
     to transfers of appropriations by the Department of Defense.
                                 ______
                                 
  SA 1402. 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 B of title XII, add the following:

     SEC. 1230. IDENTIFICATION OF, AND IMPOSITION OF SANCTIONS 
                   WITH RESPECT TO, PERSONS IN PAKISTAN THAT 
                   SUPPORT ACTS OF INTERNATIONAL TERRORISM AND 
                   OTHER VIOLENT ATTACKS.

       (a) List of Persons in Pakistan Who Are Supporting 
     Terrorism.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     appropriate committees of Congress a list of persons in 
     Pakistan, including officials and former officials of the 
     Government of Pakistan, that the President determines, based 
     on credible evidence, are providing material support for, or 
     are responsible for ordering, controlling, or otherwise 
     directing, individuals or groups, including the Haqqani 
     Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, and Al 
     Qaeda, that carry out acts of international terrorism or 
     other violent attacks against the Armed Forces of the United 
     States, civilian personnel of the United States, or the 
     civilian population or other populations of foreign nationals 
     in Afghanistan, Pakistan, India, or the United States.
       (2) Updates of list.--The President shall submit to the 
     appropriate committees of Congress an updated list under 
     paragraph (1)--
       (A) not later than 90 days after the date of the enactment 
     of this Act and every 180 days thereafter; and
       (B) as new information becomes available.
       (3) Form of report; public availability.--
       (A) Form.--The list required by paragraph (1) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
       (B) Public availability.--The unclassified portion of the 
     list required by paragraph (1) shall be made available to the 
     public and posted on the websites of the Department of the 
     Treasury and the Department of State.
       (b) Imposition of Sanctions.--
       (1) Ineligibility for visas.--An alien on the list required 
     by subsection (a), and any family member of such an alien, 
     shall be ineligible to receive a visa to enter the United 
     States and ineligible to be admitted to the United States.
       (2) Financial sanctions.--The President shall impose, with 
     respect to a person on the list required by subsection (a), 
     sanctions pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), including blocking of 
     property and restrictions or prohibitions on financial 
     transactions and the exportation and importation of property.
       (c) Termination of Sanctions.--The President may terminate 
     the sanctions imposed under subsection (b) with respect to a 
     person on the list required by subsection (a) on the date on 
     which the President determines and certifies to the 
     appropriate committees of Congress that the person no longer 
     meets the criteria for inclusion in the list.
       (d) Waiver.--The President may waive the requirements of 
     subsections (a) and (b) if the President--
       (1) determines that such a waiver is in the national 
     security interests of the United States; and
       (2) submits to the appropriate committees of Congress an 
     explanation for the waiver.
       (e) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Committee on 
     Banking, Housing, and Urban Affairs, and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Financial Services, and the Committee on Foreign Affairs of 
     the House of Representatives.
                                 ______
                                 
  SA 1403. Mrs. BOXER 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. REPORT ON IMPLEMENTATION OF FLEXIBLE SPENDING 
                   ARRANGEMENTS FOR HEALTH AND DEPENDENT CARE FOR 
                   MEMBERS OF THE UNIFORMED SERVICES.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the other administering Secretaries, 
     submit to Congress a report setting forth criteria and cost 
     assessments for the implementation of 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-tax basis in accordance with 
     regulations prescribed under sections 106(c) and 125 of the 
     Internal Revenue Code of 1986.
       (b) Administering Secretaries Defined.--In this section, 
     the term ``administering Secretaries'' has the meaning given 
     that term in section 1072(3) of title 10, United States Code.
                                 ______
                                 
  SA 1404. 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 title VI, add the following:

                     Subtitle D--Pay and Allowances

     SEC. 641. PAYMENT OF BENEFIT FOR DAYS OF PARTICIPATION IN 
                   POST-DEPLOYMENT/MOBILIZATION RESPITE ABSENCE 
                   PROGRAM OMITTED FROM CALCULATION OF BENEFITS 
                   DUE TO GOVERNMENT ERROR.

       (a) Payment of Benefit.--Subject to subsection (b), the 
     Secretary concerned shall make a payment of $200 to each 
     individual who participates as a member of the Armed Forces 
     in the Post-Deployment/Mobilization Respite Absence program 
     for each day of such participation that is determined by the 
     Secretary concerned not to have been properly included in the 
     calculation of benefits to which the individual is entitled 
     for such participation due to Government error.
       (b) Payment in Lieu of Prior Award of Administrative 
     Absence Upon Election.--
       (1) In general.--In the case of an individual who was 
     awarded one or more days of administrative absence in 
     connection with participation in the Post-Deployment/
     Mobilization Respite Absence program pursuant to a 
     determination described in subsection (a) that was made 
     before the date of the enactment of this Act, payment shall 
     be made to the individual under subsection (a) only upon the 
     election of the individual.
       (2) Deceased individuals.--In the case of an individual 
     covered by paragraph (1) who is deceased--
       (A) the election provided for the individual under 
     paragraph (1) shall, if not previously made by the 
     individual, be made by the survivor of the individual 
     specified for payment of a death gratuity under section 
     1477(c) of title 10, United States Code; and
       (B) the payment required by subsection (a) shall, if not 
     previously paid the individual, be paid to the survivor 
     described in subparagraph (A).
       (3) Scope of election.--An election under paragraph (1) 
     with respect to an individual shall apply to all the days 
     covered by the determination of the Secretary concerned 
     described in that paragraph with respect to the individual. 
     An election under paragraph (1) is irrevocable.
       (4) Payment in lieu of administrative absence.--An 
     individual receiving a payment under subsection (a) with 
     respect to a day of participation in the Post-Deployment/
     Mobilization Respite Absence program shall not be entitled to 
     a day of administrative absence for such day of participation 
     as otherwise described in paragraph (1).
       (c) Construction With Other Pay.--Any payment with respect 
     to an individual under this section is in addition to any 
     other pay provided by law.
       (d) Definitions.--In this section, the terms ``Post-
     Deployment/Mobilization Respite Absence program'' and 
     ``Secretary concerned'' have the meaning given such terms in 
     section 604(f) of the National Defense Authorization Act for 
     Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2350).
                                 ______
                                 
  SA 1405. Mr. CORNYN 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. DESIGNATION OF ELLINGTON FIELD, TEXAS, AS A JOINT 
                   RESERVE BASE.

       (a) Findings.--Congress makes the following findings:
       (1) Ellington Field is an installation strategically 
     located in Houston, Texas, and utilized by all branches of 
     the Armed Forces.
       (2) In recent years, military and other Federal personnel 
     numbers at Ellington Field have grown dramatically, from 
     approximately 1,500 in 2008 to more than 6,000 in fiscal year 
     2011. In fiscal year 2013, it is anticipated that an 
     additional 300 active duty United States Coast Guard 
     personnel will be stationed at Ellington Field, upon 
     completion of a new facility.

[[Page S7931]]

       (3) Ellington Field also hosts components of the National 
     Aeronautics and Space Administration (NASA) and the 
     Department of Homeland Security.
       (4) Ellington Field entities facilitate National Disaster 
     Medical System operations for NASA, the Michael E. DeBakey 
     Veterans Affairs Medical Center, the Federal Emergency 
     Management Agency, and local responders, while also playing a 
     key role in evacuation plans and emergency response 
     activities across the Gulf Coast region.
       (5) Working with the Houston Airport System, Ellington 
     Field has sustained a buffered zone around the installation, 
     resulting in the City of Houston establishing Airport Land 
     Use Regulations to ensure that future developments in the 
     area will not encroach on operations at Ellington Field.
       (6) Ellington Field also possesses substantial flight line 
     surge capacity, with more than 32 acres of recently renovated 
     ramp, hangar, alert, and support aircraft space to 
     accommodate numerous fixed-wing cargo and fighter aircraft in 
     emergency situations.
       (7) The Texas Air National Guard 147th Reconnaissance Wing, 
     based at Ellington Field, manages the Ellington Airport 
     control tower and mission, which covers Mission Operations 
     Area W-147 over the Gulf of Mexico, providing an unrivaled 
     25,000 square miles of 50,000-foot altitude training airspace 
     for primary use by Department of Defense aviation training.
       (8) The Houston, Texas, area is the only region in the 
     United States to possess all 17 asset categories identified 
     by the Department of Homeland Security as prime asset 
     terrorist target threats. These assets include the Port of 
     Houston, Galveston Bay, petrochemical plants providing 46 
     percent of United States production, refining facilities, 
     NASA, the Houston Medical Center, four United States 
     Strategic Petroleum Reserve facilities, nuclear power 
     facilities, major sports venues, and others.
       (b) Designation as Joint Reserve Base.--The Secretary of 
     Defense shall designate Ellington Field, Texas, as a Joint 
     Reserve Base.
                                 ______
                                 
  SA 1406. Mr. CORNYN (for himself and Mrs. Hutchison) 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. INPATIENT HEALTH CARE AT THE SOUTH TEXAS VETERANS 
                   AFFAIRS HEALTH CARE CENTER.

       (a) Findings.--Congress makes the following findings:
       (1) The current and future health care needs of veterans 
     residing in the Far South Texas area are not being fully met 
     by the Department of Veterans Affairs.
       (2) The Department of Veterans Affairs estimates that more 
     than 117,000 veterans reside in Far South Texas.
       (3) In its Capital Asset Realignment for Enhanced Services 
     study, the Department of Veterans Affairs found that fewer 
     than 3 percent of its enrollees in the Valley-Coastal Bend 
     Market of Veterans Integrated Service Network 17 reside 
     within its acute hospital access standards.
       (4) Travel times for veterans from the market referred to 
     in paragraph (3) can exceed 6 hours from their residences to 
     the nearest Department of Veterans Affairs hospital for acute 
     inpatient health care.
       (5) Even with the significant travel times, veterans from 
     Far South Texas demonstrate a high demand for health care 
     services from the Department of Veterans Affairs.
       (6) Current deployments involving members of the Texas 
     National Guard and other members of the reserve components of 
     the Armed Forces who reside in Texas will continue to 
     increase demand for medical services provided by the 
     Department of Veterans Affairs.
       (b) In General.--The Secretary of Veterans Affairs shall 
     ensure that the South Texas Veterans Affairs Health Care 
     Center in Harlingen, Texas, includes a full-service 
     Department of Veterans Affairs inpatient health care facility 
     and, if necessary, shall modify the existing facility to meet 
     this requirement.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a report outlining the specific actions the 
     Secretary plans to take to satisfy the requirements in 
     subsection (b), including a detailed estimate of the cost of 
     such actions, if any, and the time necessary for completion 
     of any modification required by such subsection
                                 ______
                                 
  SA 1407. 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 B of title II, add the following:

     SEC. 215. PROHIBITION ON USE OF FUNDS FOR NEWLY DESIGNED 
                   FLIGHT SUIT.

       None of the funds authorized to be appropriated by this Act 
     may be used to research, develop, manufacture, or procure a 
     newly designed flight suit for members of the Armed Forces.
                                 ______
                                 
  SA 1408. Mrs. HUTCHISON (for herself and Ms. Mikulski) 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 XII, add the following:

     SEC. 1230. ENHANCED REPORTING BY SIGAR ON WOMEN'S RIGHTS IN 
                   AFGHANISTAN.

       Section 1229(i) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 5 U.S.C. App. 8G 
     note) is amended--
       (1) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (4), (5), and (6), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Reporting on status of women's rights.--The report 
     required under paragraph (1) shall include information on 
     women's rights in Afghanistan, including a detailed 
     discussion of issues involving violence against women, 
     educational opportunities, including access to schools, for 
     girls, women's healthcare, voting rights, and other gender-
     equality issues facing reconstruction efforts in 
     Afghanistan.''.
                                 ______
                                 
  SA 1409. 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 E of title V, add the following:

     SEC. 555. INNOCENT CHILD PROTECTION IN EXECUTION OF SENTENCES 
                   OF DEATH.

       Section 857 of title 10, United States Code (article 57 of 
     the Uniform Code of Military Justice), is amended--
       (1) in subsection (c), by adding at the end the following 
     new sentence: ``However, in the case of a sentence of death, 
     the convening authority shall delay execution of sentence to 
     the extent necessary to prevent the death of an innocent 
     child in utero.''; and
       (2) by adding at the end the following new subsections:
       ``(d) Protection of Innocent Child in Utero in Execution of 
     Sentence of Death.--It shall be unlawful for any authority, 
     military or civil, of the United States, a State, or any 
     district, possession, commonwealth or other territory under 
     the authority of the United States to carry out a sentence of 
     death on a woman while she carries an innocent child in 
     utero.
       ``(e) Innocent Child in Utero Defined.--In this section, 
     the term `innocent child in utero' means a member of the 
     species homo sapiens, at any stage of development, who is 
     carried in the womb.''.
                                 ______
                                 
  SA 1410. 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 E of title V, add the following:

     SEC. 555. INNOCENT CHILD PROTECTION IN EXECUTION OF SENTENCES 
                   OF DEATH.

       Section 857 of title 10, United States Code (article 57 of 
     the Uniform Code of Military Justice), is amended--
       (1) in subsection (c), by adding at the end the following 
     new sentence: ``However, in the case of a sentence of death, 
     the convening authority shall delay execution of sentence to 
     the extent necessary to prevent the death of an innocent 
     child in utero.''; and
       (2) by adding at the end the following new subsection:
       ``(d) Innocent Child in Utero Defined.--In this section, 
     the term `innocent child in utero' means a member of the 
     species homo sapiens, at any stage of development, who is 
     carried in the womb.''.
                                 ______
                                 
  SA 1411. Mr. BLUNT (for himself and Mr. Rubio) submitted an amendment 
intended to be proposed by him to the

[[Page S7932]]

bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for 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, insert the following:

     SEC. ___. CHILD INTERSTATE ABORTION NOTIFICATION ACT.

       (a) Short Title.--This section may be cited as the ``Child 
     Interstate Abortion Notification Act''.
       (b) Transportation of Minors in Circumvention of Certain 
     Laws Relating to Abortion.--Title 18, United States Code, is 
     amended by inserting after chapter 117 the following:

 ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN 
                       LAWS RELATING TO ABORTION

``Sec.
``2431. Transportation of minors in circumvention of certain laws 
              relating to abortion.
``2432. Transportation of minors in circumvention of certain laws 
              relating to abortion.

     ``Sec. 2431. Transportation of minors in circumvention of 
       certain laws relating to abortion

       ``(a) Offense.--
       ``(1) Generally.--Except as provided in subsection (b), 
     whoever knowingly transports a minor across a State line, 
     with the intent that such minor obtain an abortion, and 
     thereby in fact abridges the right of a parent under a law 
     requiring parental involvement in a minor's abortion 
     decision, in force in the State where the minor resides, 
     shall be fined under this title or imprisoned not more than 
     one year, or both.
       ``(2) Definition.--For the purposes of this subsection, an 
     abridgement of the right of a parent occurs if an abortion is 
     performed or induced on the minor, in a State or a foreign 
     nation other than the State where the minor resides, without 
     the parental consent or notification, or the judicial 
     authorization, that would have been required by that law had 
     the abortion been performed in the State where the minor 
     resides.
       ``(b) Exceptions.--
       ``(1) The prohibition of subsection (a) does not apply if 
     the abortion was necessary to save the life of the minor 
     because her life was endangered by a physical disorder, 
     physical injury, or physical illness, including a life 
     endangering physical condition caused by or arising from the 
     pregnancy itself.
       ``(2) A minor transported in violation of this section, and 
     any parent of that minor, may not be prosecuted or sued for a 
     violation of this section, a conspiracy to violate this 
     section, or an offense under section 2 or 3 of this title 
     based on a violation of this section.
       ``(c) Affirmative Defense.--It is an affirmative defense to 
     a prosecution for an offense, or to a civil action, based on 
     a violation of this section that the defendant--
       ``(1) reasonably believed, based on information the 
     defendant obtained directly from a parent of the minor, that 
     before the minor obtained the abortion, the parental consent 
     or notification took place that would have been required by 
     the law requiring parental involvement in a minor's abortion 
     decision, had the abortion been performed in the State where 
     the minor resides; or
       ``(2) was presented with documentation showing with a 
     reasonable degree of certainty that a court in the minor's 
     State of residence waived any parental notification required 
     by the laws of that State, or otherwise authorized that the 
     minor be allowed to procure an abortion.
       ``(d) Civil Action.--Any parent who suffers harm from a 
     violation of subsection (a) may obtain appropriate relief in 
     a civil action unless the parent has committed an act of 
     incest with the minor subject to subsection (a).
       ``(e) Definitions.--For the purposes of this section--
       ``(1) the term `abortion' means the use or prescription of 
     any instrument, medicine, drug, or any other substance or 
     device intentionally to terminate the pregnancy of a female 
     known to be pregnant, with an intention other than to 
     increase the probability of a live birth, to preserve the 
     life or health of the child after live birth, to terminate an 
     ectopic pregnancy, or to remove a dead unborn child who died 
     as the result of a spontaneous abortion, accidental trauma or 
     a criminal assault on the pregnant female or her unborn 
     child;
       ``(2) the term `law requiring parental involvement in a 
     minor's abortion decision' means a law--
       ``(A) requiring, before an abortion is performed on a 
     minor, either--
       ``(i) the notification to, or consent of, a parent of that 
     minor; or
       ``(ii) proceedings in a State court; and
       ``(B) that does not provide as an alternative to the 
     requirements described in subparagraph (A) notification to or 
     consent of any person or entity who is not described in that 
     subparagraph;
       ``(3) the term `minor' means an individual who is not older 
     than the maximum age requiring parental notification or 
     consent, or proceedings in a State court, under the law 
     requiring parental involvement in a minor's abortion 
     decision;
       ``(4) the term `parent' means--
       ``(A) a parent or guardian;
       ``(B) a legal custodian; or
       ``(C) a person standing in loco parentis who has care and 
     control of the minor, and with whom the minor regularly 
     resides, who is designated by the law requiring parental 
     involvement in the minor's abortion decision as a person to 
     whom notification, or from whom consent, is required; and
       ``(5) the term `State' includes the District of Columbia 
     and any commonwealth, possession, or other territory of the 
     United States, and any Indian tribe or reservation.

     ``Sec. 2432. Transportation of minors in circumvention of 
       certain laws relating to abortion

       ``Notwithstanding section 2431(b)(2), whoever has committed 
     an act of incest with a minor and knowingly transports the 
     minor across a State line with the intent that such minor 
     obtain an abortion, shall be fined under this title or 
     imprisoned not more than one year, or both. For the purposes 
     of this section, the terms `State', `minor', and `abortion' 
     have, respectively, the definitions given those terms in 
     section 2435.''.
       (c) Child Interstate Abortion Notification.--Title 18, 
     United States Code, is amended by inserting after chapter 
     117A the following:

         ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION

``Sec.
``2435. Child interstate abortion notification.

     ``Sec. 2435. Child interstate abortion notification

       ``(a) Offense.--
       ``(1) Generally.--A physician who knowingly performs or 
     induces an abortion on a minor in violation of the 
     requirements of this section shall be fined under this title 
     or imprisoned not more than one year, or both.
       ``(2) Parental notification.--A physician who performs or 
     induces an abortion on a minor who is a resident of a State 
     other than the State in which the abortion is performed must 
     provide, or cause his or her agent to provide, at least 24 
     hours actual notice to a parent of the minor before 
     performing the abortion. If actual notice to such parent is 
     not accomplished after a reasonable effort has been made, at 
     least 24 hours constructive notice must be given to a parent 
     before the abortion is performed.
       ``(b) Exceptions.--The notification requirement of 
     subsection (a)(2) does not apply if--
       ``(1) the abortion is performed or induced in a State that 
     has, in force, a law requiring parental involvement in a 
     minor's abortion decision and the physician complies with the 
     requirements of that law;
       ``(2) the physician is presented with documentation showing 
     with a reasonable degree of certainty that a court in the 
     minor's State of residence has waived any parental 
     notification required by the laws of that State, or has 
     otherwise authorized that the minor be allowed to procure an 
     abortion;
       ``(3) the minor declares in a signed written statement that 
     she is the victim of sexual abuse, neglect, or physical abuse 
     by a parent, and, before an abortion is performed on the 
     minor, the physician notifies the authorities specified to 
     receive reports of child abuse or neglect by the law of the 
     State in which the minor resides of the known or suspected 
     abuse or neglect;
       ``(4) the abortion is necessary to save the life of the 
     minor because her life was endangered by a physical disorder, 
     physical injury, or physical illness, including a life 
     endangering physical condition caused by or arising from the 
     pregnancy itself, but an exception under this paragraph does 
     not apply unless the attending physician or an agent of such 
     physician, within 24 hours after completion of the abortion, 
     notifies a parent in writing that an abortion was performed 
     on the minor and of the circumstances that warranted 
     invocation of this paragraph; or
       ``(5) the minor is physically accompanied by a person who 
     presents the physician or his agent with documentation 
     showing with a reasonable degree of certainty that he or she 
     is in fact the parent of that minor.
       ``(c) Civil Action.--Any parent who suffers harm from a 
     violation of subsection (a) may obtain appropriate relief in 
     a civil action unless the parent has committed an act of 
     incest with the minor subject to subsection (a).
       ``(d) Definitions.--For the purposes of this section--
       ``(1) the term `abortion' means the use or prescription of 
     any instrument, medicine, drug, or any other substance or 
     device intentionally to terminate the pregnancy of a female 
     known to be pregnant, with an intention other than to 
     increase the probability of a live birth, to preserve the 
     life or health of the child after live birth, to terminate an 
     ectopic pregnancy, or to remove a dead unborn child who died 
     as the result of a spontaneous abortion, accidental trauma, 
     or a criminal assault on the pregnant female or her unborn 
     child;
       ``(2) the term `actual notice' means the giving of written 
     notice directly, in person, by the physician or any agent of 
     the physician;
       ``(3) the term `constructive notice' means notice that is 
     given by certified mail, return receipt requested, restricted 
     delivery to the last known address of the person being 
     notified, with delivery deemed to have occurred 48 hours 
     following noon on the next day subsequent to mailing on which 
     regular mail delivery takes place, days on which mail is not 
     delivered excluded;
       ``(4) the term `law requiring parental involvement in a 
     minor's abortion decision' means a law--

[[Page S7933]]

       ``(A) requiring, before an abortion is performed on a 
     minor, either--
       ``(i) the notification to, or consent of, a parent of that 
     minor; or
       ``(ii) proceedings in a State court;
       ``(B) that does not provide as an alternative to the 
     requirements described in subparagraph (A) notification to or 
     consent of any person or entity who is not described in that 
     subparagraph;
       ``(5) the term `minor' means an individual who has not 
     attained the age of 18 years and who is not emancipated under 
     the law of the State in which the minor resides;
       ``(6) the term `parent' means--
       ``(A) a parent or guardian;
       ``(B) a legal custodian; or
       ``(C) a person standing in loco parentis who has care and 
     control of the minor, and with whom the minor regularly 
     resides;
     as determined by State law;
       ``(7) the term `physician' means a doctor of medicine 
     legally authorized to practice medicine by the State in which 
     such doctor practices medicine, or any other person legally 
     empowered under State law to perform an abortion; and
       ``(8) the term `State' includes the District of Columbia 
     and any commonwealth, possession, or other territory of the 
     United States, and any Indian tribe or reservation.''.
       (d) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 117 
     the following new items:

``117A. Transportation of minors in circumvention of certain laws 
    relating to abortion......................................2431 ....

``117B. Child interstate abortion notification..............2435''.....

       (e) Severability and Effective Date.--
       (1) The provisions of this section shall be severable. If 
     any provision of this section, or any application thereof, is 
     found unconstitutional, that finding shall not affect any 
     provision or application of the section not so adjudicated.
       (2) This section and the amendments made by this section 
     shall take effect 45 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1412. Mr. DURBIN (for himself, Mr. Kirk, Mr. Harkin, and Mr. 
Grassley submitted an amendment intended to be proposed by him to the 
S. 1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for 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 90, beginning on line 14, strike ``not more than 15 
     contracts or cooperative agreements'' and insert ``not more 
     than 5 contracts or cooperative agreements per Army 
     industrial facility''.
                                 ______
                                 
  SA 1413. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the S. 1867, to authorize appropriations for fiscal 
year 2012 for military activities of the Department of Defense, for 
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. LIABILITY OF PARENT COMPANIES FOR VIOLATIONS BY 
                   FOREIGN ENTITIES OF SANCTIONS RELATING TO IRAN.

       (a) In General.--In any case in which an entity engages in 
     an act outside the United States that, if committed in the 
     United States or by a United States person, would violate the 
     provisions of Executive Order 12959 (50 U.S.C. 1701 note) or 
     Executive Order 13059 (50 U.S.C. 1701 note), or any other 
     prohibition on transactions with respect to Iran imposed 
     under the authority of the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.), the parent company of 
     the entity shall be subject to the penalties for the act to 
     the same extent as if the parent company had engaged in the 
     act.
       (b) Applicability.--Subsection (a) shall not apply to a 
     parent company of an entity that engages in an act described 
     in subsection (a) if the parent company divests or terminates 
     its business with the entity not later than 90 days after the 
     date of the enactment of this Act.
       (c) Definitions.--In this section:
       (1) Entity.--The term ``entity'' means a partnership, 
     association, trust, joint venture, corporation, or other 
     organization.
       (2) Parent company.--The term ``parent company'' means an 
     entity that is a United States person and--
       (A) the entity owns, directly or indirectly, more than 50 
     percent of the equity interest by vote or value in another 
     entity;
       (B) board members or employees of the entity hold a 
     majority of board seats of another entity; or
       (C) the entity otherwise controls or is able to control the 
     actions, policies, or personnel decisions of another entity.
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen of the United States 
     or who owes permanent allegiance to the United States; and
       (B) an entity that is organized under the laws of the 
     United States, any State or territory thereof, or the 
     District of Columbia, if natural persons described in 
     subparagraph (A) own, directly or indirectly, more than 50 
     percent of the outstanding capital stock or other beneficial 
     interest in the entity.
                                 ______
                                 
  SA 1414. Mr. LEVIN (for Mr. Menendez (for himself and Mr. Kirk)) 
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 XII, add the following:

     SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
                   FINANCIAL SECTOR OF IRAN.

       (a) Findings.--Congress makes the following findings:
       (1) On November 21, 2011, the Secretary of the Treasury 
     issued a finding under section 5318A of title 31, United 
     States Code, that identified Iran as a jurisdiction of 
     primary money laundering concern.
       (2) In that finding, the Financial Crimes Enforcement 
     Network of the Department of the Treasury wrote, ``The 
     Central Bank of Iran, which regulates Iranian banks, has 
     assisted designated Iranian banks by transferring billions of 
     dollars to these banks in 2011. In mid-2011, the CBI 
     transferred several billion dollars to designated banks, 
     including Saderat, Mellat, EDBI and Melli, through a variety 
     of payment schemes. In making these transfers, the CBI 
     attempted to evade sanctions by minimizing the direct 
     involvement of large international banks with both CBI and 
     designated Iranian banks.''.
       (3) On November 22, 2011, the Under Secretary of the 
     Treasury for Terrorism and Financial Intelligence, David 
     Cohen, wrote, ``Treasury is calling out the entire Iranian 
     banking sector, including the Central Bank of Iran, as posing 
     terrorist financing, proliferation financing, and money 
     laundering risks for the global financial system.''.
       (b) Designation of Financial Sector of Iran as of Primary 
     Money Laundering Concern.--The financial sector of Iran, 
     including the Central Bank of Iran, is designated as of 
     primary money laundering concern for purposes of section 
     5318A of title 31, United States Code, because of the threat 
     to government and financial institutions resulting from the 
     illicit activities of the Government of Iran, including its 
     pursuit of nuclear weapons, support for international 
     terrorism, and efforts to deceive responsible financial 
     institutions and evade sanctions.
       (c) Freezing of Assets of Iranian Financial Institutions.--
     The President shall, pursuant to the International Emergency 
     Economic Powers Act (50 U.S.C. 1701 et seq.), block and 
     prohibit all transactions in all property and interests in 
     property of an Iranian 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.
       (d) Imposition of Sanctions With Respect to the Central 
     Bank of Iran and Other Iranian Financial Institutions.--
       (1) In general.--Except as specifically provided in this 
     subsection, beginning on the date that is 60 days after the 
     date of the enactment of this Act, the President--
       (A) shall 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 or facilitated any 
     significant financial transaction with the Central Bank of 
     Iran or another Iranian financial institution designated by 
     the Secretary of the Treasury for the imposition of sanctions 
     pursuant to the International Emergency Economic Powers Act 
     (50 U.S.C. 1701 et seq.); and
       (B) may impose sanctions pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with 
     respect to the Central Bank of Iran.
       (2) Exception for sales of food, medicine, and medical 
     devices.--The President may not impose sanctions under 
     paragraph (1) with respect to any person for conducting or 
     facilitating a transaction for the sale of food, medicine, or 
     medical devices to Iran.
       (3) Applicability of sanctions with respect to foreign 
     central banks.--Except as provided in paragraph (4), 
     sanctions imposed under paragraph (1)(A) shall apply with 
     respect to a foreign financial institution owned or 
     controlled by the government of a foreign country including a 
     central bank of a foreign country, only insofar as it engages 
     in transaction for the sale or purchase of petroleum or 
     petroleum products to or from Iran conducted or facilitated 
     on or after that date that is 180 days after the date of the 
     enactment of this Act.
       (4) Applicability of sanctions with respect to petroleum 
     transactions.--
       (A) Report required.--Not later than 60 days after the date 
     of the enactment of this Act, and every 60 days thereafter, 
     the Administrator of the Energy Information Administration, 
     in consultation with the Secretary of the Treasury, shall 
     submit to Congress a report on the availability and price of 
     petroleum and petroleum products produced

[[Page S7934]]

     in countries other than Iran in the 60-day period preceding 
     the submission of the report.
       (B) Determination required.--Not later than 90 days after 
     the date of the enactment of the Act, and every 180 days 
     thereafter, the President shall make a determination, based 
     on the reports required by subparagraph (A), of whether the 
     price and supply of petroleum and petroleum products produced 
     in countries other than Iran is sufficient to permit 
     purchasers of petroleum and petroleum products from Iran to 
     reduce significantly in volume their purchases from Iran.
       (C) Application of sanctions.--Except as provided in 
     subparagraph (D), sanctions imposed under paragraph (1)(A) 
     shall apply with respect to a financial transaction conducted 
     or facilitated by a foreign financial institution on or after 
     the date that is 180 days after the date of the enactment of 
     this Act for the purchase of petroleum or petroleum products 
     from Iran if the President determines pursuant to 
     subparagraph (B) that there is a sufficient supply of 
     petroleum and petroleum products from countries other than 
     Iran to permit a significant reduction in the volume of 
     petroleum and petroleum products purchased from Iran by or 
     through foreign financial institutions.
       (D) Exception.--Sanctions imposed pursuant to paragraph (1) 
     shall not apply with respect to a foreign financial 
     institution if the President determines and reports to 
     Congress, not later than 90 days after the date on which the 
     President makes the determination required by subparagraph 
     (B), and every 180 days thereafter, that the foreign 
     financial institution has significantly reduced its volume of 
     crude oil purchases from Iran during the period beginning on 
     the date on which the President submitted the last report 
     with respect to the country under this subparagraph.
       (5) Waiver.--The President may waive the imposition of 
     sanctions under paragraph (1) for a period of not more than 
     120 days, and may renew that waiver for additional periods of 
     not more than 120 days, if the President--
       (A) determines that such a waiver is vital to the national 
     security of the United States; and
       (B) submits to Congress a report--
       (i) providing a justification for the waiver; and
       (ii) that includes any concrete cooperation the President 
     has received or expects to receive as a result of the waiver.
       (e) Multilateral Diplomacy Initiative.--
       (1) In general.--The President shall--
       (A) carry out an initiative of multilateral diplomacy to 
     persuade countries purchasing oil from Iran--
       (i) to limit the use by Iran of revenue from purchases of 
     oil to purchases of non-luxury consumers goods from the 
     country purchasing the oil; and
       (ii) to prohibit purchases by Iran of--

       (I) military or dual-use technology, including items--

       (aa) in the Annex to the to the Missile Technology Control 
     Regime Guidelines;
       (bb) in the Annex on Chemicals to the Convention on the 
     Prohibition of the Development, Production, Stockpiling and 
     Use of Chemical Weapons and on their Destruction, done at 
     Paris January 13, 1993, and entered into force April 29, 1997 
     (commonly known as the ``Chemical Weapons Convention'');
       (cc) in Part 1 or 2 of the Nuclear Suppliers Group 
     Guidelines; or
       (dd) on a control list of the Wassenaar Arrangement on 
     Export Controls for Conventional Arms and Dual-Use Goods and 
     Technologies; or

       (II) any other item that could contribute to Iran's 
     conventional, nuclear, chemical or biological weapons 
     program; and

       (B) conduct outreach to petroleum-producing countries to 
     encourage those countries to increase their output of crude 
     oil to ensure there is a sufficient supply of crude oil from 
     countries other than Iran and to minimize any impact on the 
     price of oil resulting from the imposition of sanctions under 
     this section.
       (2) Report required.--Not later than 180 days after the 
     date of the enactment of this Act, and every 180 days 
     thereafter, the President shall submit to Congress a report 
     on the efforts of the President to carry out the initiative 
     described in paragraph (1)(A) and conduct the outreach 
     described in paragraph (1)(B) and the results of those 
     efforts.
       (f) Form of Reports.--Each report submitted under this 
     section shall be submitted in unclassified form, but may 
     contain a classified annex.
       (g) Definitions.--In this section:
       (1) Account; correspondent account; payable-through 
     account.--The terms ``account'', ``correspondent account'', 
     and ``payable-through account'' have the meanings given those 
     terms in section 5318A of title 31, United States Code.
       (2) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).
       (3) United states person.--The term ``United States 
     person'' means--
       (A) a natural person who is a citizen or resident of the 
     United States or a national of the United States (as defined 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)); and
       (B) an entity that is organized under the laws of the 
     United States or jurisdiction within the United States.
                                 ______
                                 
  SA 1415. Mr. LIEBERMAN 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 IV, add the following:

     SEC. 402. REPORT ON ANTICIPATED REDUCTIONS IN END-STRENGTH 
                   LEVELS FOR UNITED STATES FORCES IN RESPONSE TO 
                   POTENTIAL REDUCTIONS IN FUNDING FOR THE 
                   DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on potential reductions in end-
     strength levels for United States forces that would occur as 
     a result of any potential reductions in funding for the 
     Department of Defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the reductions in end-strength levels 
     for United States forces anticipated in response to potential 
     reductions in funding for the Department of Defense, 
     including an assessment of the impact of such reductions in 
     end-strength levels on the size and readiness of the ground 
     forces.
       (2) An explanation of the strategic rationale for such 
     reductions.
       (3) An explanation of the standards to be used in 
     determining and implementing such reductions, and the 
     resultant force structure mix, over the course of the future-
     years defense program submitted to Congress in fiscal year 
     2012.
       (4) A summary of the risks such reductions pose to the 
     capacity of the Armed Forces to execute the National Defense 
     Strategy or any particular role or mission under that 
     strategy.
       (5) A summary of plans to manage the risks summarized under 
     paragraph (4), including, in particular, plans for mechanisms 
     to ensure the timeliness of any expansion of United States 
     forces required in the event of a crisis and to expand the 
     reserve components.
       (6) A description of any differences in opinion on the 
     matters covered by paragraphs (1) through (5) from the 
     Chairman of the Joint Chiefs of Staff, the Chiefs of Staff of 
     the Armed Forces, and the commanders of the combatant 
     commands.
       (7) Such other matters relating to such reductions as the 
     Secretary considers appropriate.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Potential Reductions in Funding for the Department of 
     Defense Defined.--In this section, the term ``potential 
     reductions in funding for the Department of Defense'' means 
     the following:
       (1) The reductions in funding for the Department of Defense 
     that will occur over the next 10 years under implementation 
     of the initial phase of the Budget Control Act.
       (2) Any additional reductions in funding for the Department 
     of Defense that could occur over the next 10 years under the 
     sequestration mechanism of the Budget Control Act.
                                 ______
                                 
  SA 1416. 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), by striking ``those professional 
     societies'' and all that follows through ``the Armed Forces 
     Institute of Pathology'' and inserting ``the professional 
     societies and organizations that support the activities of 
     the American Registry of Pathology''; 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) by striking paragraph (1);
       (B) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (1), (2), (3), and (4), respectively; and
       (C) in paragraph (2), as redesignated by subparagraph (B)--
       (i) by striking ``accept gifts and grants from and''; and
       (ii) by inserting ``and accept gifts and grants from such 
     entities'' before the semicolon; and
       (3) in subsection (d), by striking ``to the Director'' and 
     all that follows through ``it

[[Page S7935]]

     deems desirable,'' and inserting ``annually to its Board and 
     supporting organizations referred to in subsection (a)(2)''.
                                 ______
                                 
  SA 1417. Ms. KLOBUCHAR 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) Retention of Documentary Evidence.--The policy 
     developed under subsection (a) shall provide for the 
     retention of documentary evidence relating to sexual assaults 
     for at least the same length of time investigative records 
     relating to reports of sexual assaults of that type 
     (restricted or unrestricted reports) are required to be 
     retained.

                          ____________________