[Congressional Record Volume 158, Number 149 (Tuesday, November 27, 2012)]
[Senate]
[Pages S6951-S6978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                           TEXT OF AMENDMENTS

  SA 2946. Mr. PRYOR (for himself and Mr. Johanns) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 of subtitle H of title X, add the 
     following:

     SEC. 1084. STATE CONSIDERATION OF MILITARY TRAINING IN 
                   GRANTING CERTAIN STATE CERTIFICATIONS AND 
                   LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS 
                   FOR VETERANS EMPLOYMENT AND TRAINING.

       (a) In General.--Section 4102A(c) of title 38, United 
     States Code, is amended by adding at the end the following:
       ``(9)(A) As a condition of a grant or contract under which 
     funds are made available to a State in order to carry out 
     section 4103A or 4104 of this title for any program year, the 
     Secretary shall require the State--
       ``(i) to demonstrate that when the State approves or denies 
     a certification or license described in subparagraph (B) for 
     a veteran the State takes into consideration any training 
     received or experience gained by the veteran while serving on 
     active duty in the Armed Forces; and
       ``(ii) to disclose to the Secretary in writing the 
     following:
       ``(I) Criteria applicants must satisfy to receive a 
     certification or license described in subparagraph (B) by the 
     State.
       ``(II) A description of the standard practices of the State 
     for evaluating training received by veterans while serving on 
     active duty in the Armed Forces and evaluating the documented 
     work experience of such veterans during such service for 
     purposes of approving or denying a certification or license 
     described in subparagraph (B).
       ``(III) Identification of areas in which training and 
     experience described in subclause (II) fails to meet criteria 
     described in subclause (I).''
       ``(B) A certification or license described in this 
     subparagraph is any of the following:
       ``(i) A license to be a State tested nursing assistant or a 
     certified nursing assistant.
       ``(ii) A commercial driver's license.
       ``(iii) An emergency medical technician license EMT-B or 
     EMT-I.
       ``(iv) An emergency medical technician-paramedic license.
       ``(C) The Secretary shall share the information the 
     Secretary receives under subparagraph (A)(ii) with the 
     Secretary of Defense to help the Secretary of Defense improve 
     training for military occupational specialties so that 
     individuals who receive such training are able to receive a 
     certification or license described in subparagraph (B) from a 
     State.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to a program year beginning on or 
     after the date of the enactment of this Act.
                                 ______
                                 
  SA 2947. Mr. PRYOR (for himself, Mr. Wyden, Mr. Boozman, and Ms. 
Snowe) submitted an amendment intended to be proposed by him to the 
bill S. 3254, to authorize appropriations for fiscal year 2013 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 of subtitle H of title X, add the 
     following:

     SEC. 1084. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN 
                   MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED 
                   FORCES AS VETERANS.

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

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

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

``107A. Honoring as veterans certain persons who performed service in 
              the reserve components.''.
                                 ______
                                 
  SA 2948. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VI, add the following:

     SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY 
                   INCREASE IN RATES OF BASIC ALLOWANCE FOR 
                   HOUSING UNDER CERTAIN CIRCUMSTANCES.

       Section 403(b)(7)(E) of title 37, United States Code, is 
     amended by striking ``December 31, 2012'' and inserting 
     ``December 31, 2013''.
                                 ______
                                 
  SA 2949. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 526. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED 
                   LEAVE CARRYOVER FOR MEMBERS OF THE ARMED 
                   FORCES.

       Section 701(d) of title 10, United States Code, is amended 
     by striking ``September 30, 2013'' and inserting ``September 
     30, 2015''.
                                 ______
                                 
  SA 2950. Mr. BEGICH (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 XXVIII, add the 
     following:

     SEC. 2844. GOLD STAR MOTHERS NATIONAL MONUMENT, ARLINGTON 
                   NATIONAL CEMETERY.

       (a) Establishment.--Notwithstanding section 2409(b) of 
     title 38, United States Code, the Secretary of the Army shall 
     permit the Gold Star Mothers National Monument Foundation (a 
     nonprofit corporation established under the laws of the 
     District of Columbia) to establish an appropriate monument in 
     Arlington National Cemetery or on Federal land in its 
     environs under the jurisdiction of the Department of the Army 
     to commemorate the sacrifices made by mothers, and made by 
     their sons and daughters who as members of the Armed Forces 
     make the ultimate sacrifice, in defense of the United States. 
     The monument shall be known as the ``Gold Star Mothers 
     National Monument''.
       (b) Payment of Expenses.--The Gold Star Mothers National 
     Monument Foundation shall be solely responsible for 
     acceptance of contributions for, and payment of the expenses 
     of, the establishment of the monument, and no Federal funds 
     may be used to pay such expenses.
                                 ______
                                 
  SA 2951. Mr. BEGICH (for himself, Mr. Manchin, Mr. Wyden, Mrs. 
Hutchison, and Mr. Merkley) submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of 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. 1048. PROHIBITION ON DIVESTMENT, RETIREMENT, OR TRANSFER 
                   OF ARMY C-23 AIRCRAFT DURING FISCAL YEAR 2013.

       (a) Prohibition.--
       (1) In general.--None of the amounts authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2013 for the Army may be obligated or expended to 
     divest, retire, transfer, or prepare to divest, retire, or 
     transfer, any of the 38 C-23 aircraft assigned to the Army as 
     of October 1, 2012.
       (2) Sustainment in operationally viable state.--The Army 
     shall sustain the C-23 aircraft described in paragraph (1) in 
     an operationally viable state during fiscal year 2013.
       (b) Funds Available for Sustainment and Operation of 
     Aircraft.--Of the amounts authorized to be appropriated for 
     fiscal year 2013 by section 301 and available for operation 
     and maintenance for the Army as specified in the funding 
     table in section 4301, $9,200,000 may be available for the 
     sustainment and operation of the C-23 aircraft specified in 
     subsection (a) during fiscal year 2013.
                                 ______
                                 
  SA 2952. Mr. BEGICH (for himself, Mr. Casey, and Mrs. Gillibrand) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year

[[Page S6952]]

2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 542, beginning on line 12, strike ``section 2687'' 
     and all that follows through page 543, line 2, and insert the 
     following: ``section 2687 and section 993 of title 10, United 
     States Code, and closures of military installations that are 
     not covered by such requirements.
       (b) One-year Moratorium on Certain Actions Resulting in 
     Personnel Reductions.--
       (1) In general.--Except as provided in paragraph (2), no 
     action may be taken before October 1, 2013, that would result 
     in a military installation covered under paragraph (1) of 
     section 2687(a) or section 993 of title 10, United States 
     Code, to no longer be covered by such paragraph (1) or such 
     section 993.
       (2) National security waiver.--The Secretary of Defense may 
     waive the prohibition under paragraph (1) if the Secretary 
     certifies to the congressional defense committees that is in 
     the national security interests of the United States.
       (c) Modification of Notice Requirements in Advance of 
     Permanent Reduction of Sizable Numbers of Members of the 
     Armed Forces at Military Installations.--
       (1) Calculation of number of affected members.--Subsection 
     (a) of section 993 of title 10, United States Code, is 
     amended by adding at the end the following new sentence: ``In 
     calculating the number of members to be reduced, the 
     Secretary shall take into consideration both direct 
     reductions and indirect reductions.''.
       (2) Notice requirements.--Subsection (b) of such section is 
     amended by striking paragraphs (1) through (3) and inserting 
     the following new paragraphs:
       ``(1) the Secretary of Defense or the Secretary of the 
     military department concerned--
       ``(A) submits to Congress a notice of the proposed 
     reduction and the number of military and civilian personnel 
     assignments affected, including reductions in base operations 
     support services and personnel to occur because of the 
     proposed reduction; and
       ``(B) includes in the notice a justification for the 
     reduction and an evaluation of the costs and benefits of the 
     reduction and of the local economic, environmental, 
     strategic, and operational consequences of the reduction; and
       ``(2) a period of 90 days expires following the day on 
     which the notice is submitted to Congress.''.
       (3) Time and form of submission of notice.--Such section is 
     further amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Time and Form of Submission of Notice.--The notice 
     required by subsections (a) and (b) may be submitted to 
     Congress only as part of the budget justification materials 
     submitted by the Secretary of Defense to Congress in support 
     of the budget for a fiscal year submitted under section 1105 
     of title 31.''.
       (4) Definitions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(e) Definitions.--In this section:
       ``(1) The term `direct reduction' means a reduction 
     involving one or more members of a unit.
       ``(2) The term `indirect reduction' means subsequent 
     planned reductions or relocations in base operations support 
     services and personnel able to occur due to the direct 
     reductions.
       ``(3) The term `military installation' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility, which is located 
     within any of the several States, the District of Columbia, 
     the Commonwealth of Puerto Rico, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, or 
     Guam. Such term does not include any facility used primarily 
     for civil works, rivers and harbors projects, or flood 
     control projects.
       ``(4) The term `unit' means a unit of the armed forces at 
     the battalion, squadron, or an equivalent level (or a higher 
     level).''.
                                 ______
                                 
  SA 2953. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. TREATMENT OF DEPARTMENT OF DEFENSE UTILITIES 
                   PRIVATIZATION PROJECTS.

       (a) In General.--In the case of a contract awarded under 
     section 2688 of title 10, United States Code, all 
     conveyances, connections, or capital improvements made 
     pursuant to such contract shall be considered as 
     contributions to the capital of the taxpayer for purposes of 
     section 118 of the Internal Revenue Code of 1986.
       (b) Effective Date.--Subsection (a) shall apply to amounts 
     received after the date of the enactment of this Act, in 
     taxable years ending after such date.
                                 ______
                                 
  SA 2954. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 187, between lines 15 and 16, insert the following:
       ``(4) The unremarried spouses of members of the armed 
     forces who were killed on active duty or otherwise died in 
     the line of duty, and the unremarried spouses of former 
     members of the armed forces who died of a combat-related 
     illness or injury, who hold a valid Uniformed Services 
     Identification and Privilege Card.
                                 ______
                                 
  SA 2955. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. ___. PUBLIC SAFETY OFFICERS' BENEFITS PROGRAM.

       (a) Short Title.--This section may be cited as the ``Dale 
     Long Public Safety Officers' Benefits Improvements Act of 
     2012''.
       (b) Benefits for Certain Nonprofit Emergency Medical 
     Service Providers; Miscellaneous Amendments.--
       (1) In general.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is 
     amended--
       (A) in section 901(a) (42 U.S.C. 3791(a))--
       (i) in paragraph (26), by striking ``and'' at the end;
       (ii) in paragraph (27), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(28) the term `hearing examiner' includes any medical or 
     claims examiner.'';
       (B) in section 1201 (42 U.S.C. 3796)--
       (i) in subsection (a), by striking ``follows:'' and all 
     that follows and inserting the following: ``follows (if the 
     payee indicated is living on the date on which the 
     determination is made)--
       ``(1) if there is no child who survived the public safety 
     officer, to the surviving spouse of the public safety 
     officer;
       ``(2) if there is at least 1 child who survived the public 
     safety officer and a surviving spouse of the public safety 
     officer, 50 percent to the surviving child (or children, in 
     equal shares) and 50 percent to the surviving spouse;
       ``(3) if there is no surviving spouse of the public safety 
     officer, to the surviving child (or children, in equal 
     shares);
       ``(4) if there is no surviving spouse of the public safety 
     officer and no surviving child--
       ``(A) to the surviving individual (or individuals, in 
     shares per the designation, or, otherwise, in equal shares) 
     designated by the public safety officer to receive benefits 
     under this subsection in the most recently executed 
     designation of beneficiary of the public safety officer on 
     file at the time of death with the public safety agency, 
     organization, or unit; or
       ``(B) if there is no individual qualifying under 
     subparagraph (A), to the surviving individual (or 
     individuals, in equal shares) designated by the public safety 
     officer to receive benefits under the most recently executed 
     life insurance policy of the public safety officer on file at 
     the time of death with the public safety agency, 
     organization, or unit;
       ``(5) if there is no individual qualifying under paragraph 
     (1), (2), (3), or (4), to the surviving parent (or parents, 
     in equal shares) of the public safety officer; or
       ``(6) if there is no individual qualifying under paragraph 
     (1), (2), (3), (4), or (5), to the surviving individual (or 
     individuals, in equal shares) who would qualify under the 
     definition of the term `child' under section 1204 but for 
     age.'';
       (ii) in subsection (b)--

       (I) by striking ``direct result of a catastrophic'' and 
     inserting ``direct and proximate result of a personal'';
       (II) by striking ``pay,'' and all that follows through 
     ``the same'' and inserting ``pay the same'';
       (III) by striking ``in any year'' and inserting ``to the 
     public safety officer (if living on the date on which the 
     determination is made)'';
       (IV) by striking ``in such year, adjusted'' and inserting 
     ``with respect to the date on which the catastrophic injury 
     occurred, as adjusted'';

       (aa) by striking ``, to such officer'';

       (V) by striking ``the total'' and all that follows through 
     ``For'' and inserting ``for''; and

[[Page S6953]]

       (VI) by striking ``That these'' and all that follows 
     through the period, and inserting ``That the amount payable 
     under this subsection shall be the amount payable as of the 
     date of catastrophic injury of such public safety officer.'';

       (iii) in subsection (f)--

       (I) in paragraph (1), by striking ``, as amended (D.C. 
     Code, sec. 4-622); or'' and inserting a semicolon;
       (II) in paragraph (2)--

       (aa) by striking ``. Such beneficiaries shall only receive 
     benefits under such section 8191 that'' and inserting ``, 
     such that beneficiaries shall receive only such benefits 
     under such section 8191 as''; and
       (bb) by striking the period at the end and inserting ``; 
     or''; and

       (III) by adding at the end the following:

       ``(3) payments under the September 11th Victim Compensation 
     Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).'';
       (iv) by amending subsection (k) to read as follows:
       ``(k) As determined by the Bureau, a heart attack, stroke, 
     or vascular rupture suffered by a public safety officer shall 
     be presumed to constitute a personal injury within the 
     meaning of subsection (a), sustained in the line of duty by 
     the officer and directly and proximately resulting in death, 
     if--
       ``(1) the public safety officer, while on duty--
       ``(A) engages in a situation involving nonroutine stressful 
     or strenuous physical law enforcement, fire suppression, 
     rescue, hazardous material response, emergency medical 
     services, prison security, disaster relief, or other 
     emergency response activity; or
       ``(B) participates in a training exercise involving 
     nonroutine stressful or strenuous physical activity;
       ``(2) the heart attack, stroke, or vascular rupture 
     commences--
       ``(A) while the officer is engaged or participating as 
     described in paragraph (1);
       ``(B) while the officer remains on that duty after being 
     engaged or participating as described in paragraph (1); or
       ``(C) not later than 24 hours after the officer is engaged 
     or participating as described in paragraph (1); and
       ``(3) the heart attack, stroke, or vascular rupture 
     directly and proximately results in the death of the public 
     safety officer,

     unless competent medical evidence establishes that the heart 
     attack, stroke, or vascular rupture was unrelated to the 
     engagement or participation or was directly and proximately 
     caused by something other than the mere presence of 
     cardiovascular-disease risk factors.''; and
       (v) by adding at the end the following:
       ``(n) The public safety agency, organization, or unit 
     responsible for maintaining on file an executed designation 
     of beneficiary or executed life insurance policy for purposes 
     of subsection (a)(4) shall maintain the confidentiality of 
     the designation or policy in the same manner as the agency, 
     organization, or unit maintains personnel or other similar 
     records of the public safety officer.'';
       (C) in section 1202 (42 U.S.C. 3796a)--
       (i) by striking ``death'', each place it appears except the 
     second place it appears, and inserting ``fatal''; and
       (ii) in paragraph (1), by striking ``or catastrophic 
     injury'' the second place it appears and inserting ``, 
     disability, or injury'';
       (D) in section 1203 (42 U.S.C. 3796a-1)--
       (i) in the section heading, by striking ``who have died in 
     the line of duty'' and inserting ``who have sustained fatal 
     or catastrophic injury in the line of duty''; and
       (ii) by striking ``who have died in the line of duty'' and 
     inserting ``who have sustained fatal or catastrophic injury 
     in the line of duty'';
       (E) in section 1204 (42 U.S.C. 3796b)--
       (i) in paragraph (1), by striking ``consequences of an 
     injury that'' and inserting ``an injury, the direct and 
     proximate consequences of which'';
       (ii) in paragraph (3)--

       (I) in the matter preceding clause (i)--

       (aa) by inserting ``or permanently and totally disabled'' 
     after ``deceased''; and
       (bb) by striking ``death'' and inserting ``fatal or 
     catastrophic injury''; and

       (II) by redesignating clauses (i), (ii), and (iii) as 
     subparagraphs (A), (B), and (C), respectively;

       (iii) in paragraph (5)--

       (I) by striking ``post-mortem'' each place it appears and 
     inserting ``post-injury'';
       (II) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively; and
       (III) in subparagraph (B), as so redesignated, by striking 
     ``death'' and inserting ``fatal or catastrophic injury'';

       (iv) in paragraph (7), by striking ``public employee member 
     of a rescue squad or ambulance crew;'' and inserting 
     ``employee or volunteer member of a rescue squad or ambulance 
     crew (including a ground or air ambulance service) that--
       ``(A) is a public agency; or
       ``(B) is (or is a part of) a nonprofit entity serving the 
     public that--
       ``(i) is officially authorized or licensed to engage in 
     rescue activity or to provide emergency medical services; and
       ``(ii) engages in rescue activities or provides emergency 
     medical services as part of an official emergency response 
     system;''; and
       (v) in paragraph (9)--

       (I) in subparagraph (A), by striking ``as a chaplain, or as 
     a member of a rescue squad or ambulance crew;'' and inserting 
     ``or as a chaplain;'';
       (II) in subparagraph (B)(ii), by striking ``or'' after the 
     semicolon;
       (III) in subparagraph (C)(ii), by striking the period and 
     inserting ``; or''; and
       (IV) by adding at the end the following:

       ``(D) a member of a rescue squad or ambulance crew who, as 
     authorized or licensed by law and by the applicable agency or 
     entity, is engaging in rescue activity or in the provision of 
     emergency medical services.'';
       (F) in section 1205 (42 U.S.C. 3796c), by adding at the end 
     the following:
       ``(d) Unless expressly provided otherwise, any reference in 
     this part to any provision of law not in this part shall be 
     understood to constitute a general reference under the 
     doctrine of incorporation by reference, and thus to include 
     any subsequent amendments to the provision.'';
       (G) in each of subsections (a) and (b) of section 1212 (42 
     U.S.C. 3796d-1), sections 1213 and 1214 (42 U.S.C. 3796d-2 
     and 3796d-3), and subsections (b) and (c) of section 1216 (42 
     U.S.C. 3796d-5), by striking ``dependent'' each place it 
     appears and inserting ``person'';
       (H) in section 1212 (42 U.S.C. 3796d-1)--
       (i) in subsection (a)--

       (I) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``Subject'' and all that follows through ``, 
     the'' and inserting ``The''; and
       (II) in paragraph (3), by striking ``reduced by'' and all 
     that follows through ``(B) the amount'' and inserting 
     ``reduced by the amount'';

       (ii) in subsection (c)--

       (I) in the subsection heading, by striking ``Dependent''; 
     and
       (II) by striking ``dependent'';

       (I) in paragraphs (2) and (3) of section 1213(b) (42 U.S.C. 
     3796d-2(b)), by striking ``dependent's'' each place it 
     appears and inserting ``person's'';
       (J) in section 1216 (42 U.S.C. 3796d-5)--
       (i) in subsection (a), by striking ``each dependent'' each 
     place it appears and inserting ``a spouse or child''; and
       (ii) by striking ``dependents'' each place it appears and 
     inserting ``a person''; and
       (K) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by 
     striking ``described in'' and all that follows and inserting 
     ``an institution of higher education, as defined in section 
     102 of the Higher Education Act of 1965 (20 U.S.C. 1002); 
     and''.
       (2) Amendment related to expedited payment for public 
     safety officers involved in the prevention, investigation, 
     rescue, or recovery efforts related to a terrorist attack.--
     Section 611(a) of the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c-1(a)) is 
     amended by inserting ``or an entity described in section 
     1204(7)(B) of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3796b(7)(B))'' after ``employed by such 
     agency''.
       (3) Technical and conforming amendment.--Section 
     402(l)(4)(C) of the Internal Revenue Code of 1986 is 
     amended--
       (A) by striking ``section 1204(9)(A)'' and inserting 
     ``section 1204(10)(A)''; and
       (B) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting 
     ``42 U.S.C. 3796b(10)(A)''.
       (c) Authorization of Appropriations; Determinations; 
     Appeals.--The matter under the heading ``public safety 
     officers benefits'' under the heading ``Office of Justice 
     Programs'' under title II of division B of the Consolidated 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1912; 
     42 U.S.C. 3796c-2) is amended--
       (1) by striking ``decisions'' and inserting 
     ``determinations'';
       (2) by striking ``(including those, and any related 
     matters, pending)''; and
       (3) by striking the period at the end and inserting the 
     following: ``:  Provided further, That, on and after the date 
     of enactment of the Public Safety Officers' Benefits 
     Improvements Act of 2012, as to each such statute--
       ``(1) the provisions of section 1001(a)(4) of such title I 
     (42 U.S.C. 3793(a)(4)) shall apply;
       ``(2) payment (other than payment made pursuant to section 
     611 of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism Act of 2001 (42 U.S.C. 3796c-1)) shall be made only 
     upon a determination by the Bureau that the facts legally 
     warrant the payment;
       ``(3) any reference to section 1202 of such title I shall 
     be deemed to be a reference to paragraphs (2) and (3) of such 
     section 1202; and
       ``(4) a certification submitted under any such statute 
     (other than a certification submitted pursuant to section 611 
     of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism Act of 2001 (42 U.S.C. 3796c-1)) may be accepted by 
     the Bureau as prima facie evidence of the facts asserted in 
     the certification:

       Provided further, That, on and after the date of enactment 
     of the Public Safety Officers' Benefits Improvements Act of 
     2012, no appeal shall bring any final determination of the 
     Bureau before any court for review unless notice of appeal is 
     filed (within the time specified herein and in the manner 
     prescribed for appeal to United States courts of appeals from 
     United States district courts) not later than 90 days after 
     the date on which the Bureau serves notice of the final 
     determination:  Provided further,  That any regulations 
     promulgated by the Bureau under such part (or any such 
     statute) before, on, or after the date of enactment of the 
     Public Safety Officers' Benefits Improvements Act of 2012 
     shall apply to any matter

[[Page S6954]]

     pending on, or filed or accruing after, the effective date 
     specified in the regulations.''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (1), the 
     amendments made by this section shall--
       (A) take effect on the date of enactment of this Act; and
       (B) apply to any matter pending, before the Bureau of 
     Justice Assistance or otherwise, on the date of enactment of 
     this Act, or filed or accruing after that date.
       (2) Exceptions.--
       (A) Rescue squads and ambulance crews.--For a member of a 
     rescue squad or ambulance crew (as defined in section 1204(7) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968, as amended by this section), the amendments made by 
     this Act shall apply to injuries sustained on or after June 
     1, 2009.
       (B) Heart attacks, strokes, and vascular ruptures.--Section 
     1201(k) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by this section, shall apply 
     to heart attacks, strokes, and vascular ruptures sustained on 
     or after December 15, 2003.
                                 ______
                                 
  SA 2956. Mr. PORTMAN (for himself and Mr. Akaka) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 F of title V, add the following:

     SEC. 561. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO 
                   STANDARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO 
                   SEPARATING MEMBERS OF THE ARMED FORCES.

       (a) Report Required.--Not later than 90 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 efforts of the 
     Department of Defense to standardize the educational 
     transcripts issued to members of the Armed Forces on their 
     separation from the Armed Forces.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the similarities and differences 
     between the educational transcripts issued to members 
     separating from the various Armed Forces.
       (2) A description of any assessments done by the 
     Department, or in conjunction with educational institutions, 
     to identify shortcomings in the transcripts issued to 
     separating members in connection with their ability to 
     qualify for civilian educational credits.
       (3) A description of the implementation plan for the Joint 
     Services Transcript, including a schedule and the elements of 
     existing educational transcripts to be incorporated into the 
     Transcript.
                                 ______
                                 
  SA 2957. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 F of title V, add the following:

     SEC. 561. ADDITIONAL REQUIREMENTS FOR APPROVAL OF EDUCATIONAL 
                   PROGRAMS FOR PURPOSES OF EDUCATIONAL ASSISTANCE 
                   UNDER LAWS ADMINISTERED BY SECRETARY OF DEFENSE 
                   AND SECRETARY OF VETERANS AFFAIRS.

       (a) Automatic Approval by Secretary of Veterans Affairs of 
     Degree Programs Approved by Secretary of Education.--Clause 
     (i) of section 3672(b)(2)(A) of title 38, United States Code, 
     is amended to read as follows:
       ``(i) A course that is described by section 3675(a) of this 
     title.''.
       (b) Approval by Secretary of Veterans Affairs of Non-Degree 
     Programs Approved by Secretary of Education.--
       (1) In general.--Section 3675 of such title is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (B) by striking subsection (a); and
       (C) by inserting before subsection (c), as redesignated by 
     subparagraph (A), the following new subsections:
       ``(a) The Secretary or a State approving agency may only 
     approve a course that leads to an associate or higher degree 
     when such course is an eligible program (as defined in 
     section 481 of the Higher Education Act of 1965 (20 U.S.C. 
     1088)) offered by an institution of higher education (as 
     defined in section 102 of such Act (20 U.S.C. 1002)) that has 
     entered into, and is complying with, a program participation 
     agreement under section 487 of such Act (20 U.S.C. 1094).
       ``(b)(1) The Secretary or a State approving agency may 
     approve a course that does not lead to an associate or higher 
     degree when--
       ``(A) such course--
       ``(i) is an eligible program (as defined in section 481 of 
     the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by 
     an institution of higher education (as defined in section 102 
     of such Act (20 U.S.C. 1002)) that has entered into, and is 
     complying with, a program participation agreement under 
     section 487 of such Act (20 U.S.C. 1094);
       ``(ii) in the case of a course designed to prepare 
     individuals for licensure or certification, meets the 
     instructional curriculum licensure or certification 
     requirements of the State in which the institution is 
     located; and
       ``(iii) in the case of a course designed to prepare an 
     individual for employment by a State board or agency in an 
     occupation that requires approval or licensure for such 
     employment, is approved or licensed by such State board or 
     agency;
       ``(B) such course is accepted by the State department of 
     education for credit for a teacher's certificate; or
       ``(C) such course is approved by the State as meeting the 
     requirement of regulations prescribed by the Secretary of 
     Health and Human Services under sections 1819(f)(2)(A)(i) and 
     1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i-
     3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).
       ``(2)(A) An educational institution shall submit an 
     application for approval of courses to the appropriate State 
     approving agency. In making application for approval, the 
     institution (other than an elementary school or secondary 
     school) shall transmit to the State approving agency copies 
     of its catalog or bulletin which must be certified as true 
     and correct in content and policy by an authorized 
     representative of the institution.
       ``(B) Each catalog or bulletin transmitted by an 
     institution under subparagraph (A) of this paragraph shall--
       ``(i) state with specificity the requirements of the 
     institution with respect to graduation;
       ``(ii) include the information required under paragraphs 
     (6) and (7) of section 3676(b) of this title; and
       ``(iii) include any attendance standards of the 
     institution, if the institution has and enforces such 
     standards.''.
       (2) Conforming amendments.--Such title is amended--
       (A) in section 3452(g), by striking ``under the provisions 
     of section 3675 of this title'';
       (B) in section 3501(11), by striking ``under the provisions 
     of section 3675 of this title'';
       (C) in section 3672(b)(2)(A), by striking ``3675(b)(1) and 
     (b)(2)'' and inserting ``3675(c)(1) and (c)(2)''; and
       (D) in the heading for section 3675, by striking 
     ``accredited courses'' and inserting ``courses approved by 
     Secretary of Education''.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3675 and inserting the following 
     new item:

``3675. Approval of courses approved by Secretary of Education.''.
       (c) Approval by Secretary of Veterans Affairs of Non-Degree 
     Programs Not Approved by Secretary of Education.--
       (1) In general.--Subsection (a) of section 3676 of such 
     title is amended to read as follows:
       ``(a) No course of education which has not been approved by 
     the Secretary or a State approving agency under section 3675 
     of this title shall be approved for the purposes of this 
     chapter unless--
       ``(1) the course--
       ``(A) does not lead to an associate or higher degree;
       ``(B) was not an eligible program (as defined in section 
     481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) at 
     any time during the most recent two-year period; and
       ``(C) is a course that the Secretary or State approving 
     agency determines, in accordance with this section and such 
     regulations as the Secretary shall prescribe and on a case-
     by-case basis, that approval of which would further the 
     purposes of this chapter or any of chapters 30 through 35 of 
     this title; and
       ``(2) the educational institution offering such course 
     submits to the appropriate State approving agency a written 
     application for approval of such course in accordance with 
     the provisions of this chapter.''.
       (2) Additional requirements.--Subsection (c) of section 
     3676 of such title is amended--
       (A) by redesignating paragraph (14) as paragraph (21); and
       (B) by inserting after paragraph (13) the following new 
     paragraphs:
       ``(14) Such courses providing less than 600 clock hours of 
     instruction, or its equivalent, have verified completion and 
     placement rates of at least 70 percent.
       ``(15) Courses that prepare individuals for licensure or 
     certification have verified that the course's instructional 
     curriculum appropriately includes the licensure or 
     certification requirements in the State in which the 
     institution deems such curriculum does.
       ``(16) Courses for which a State board or agency in the 
     State in which the course is designed to prepare a student 
     requires approval or licensure for employment in the 
     recognized occupation in the State is approved or licensed by 
     such State board or agency.
       ``(17) In the case of an educational institution that 
     advertises job placement rates as a means of attracting 
     students to enroll in a course of education offered by the 
     educational institution, the application contains any other 
     information necessary to

[[Page S6955]]

     substantiate the truthfulness of such advertisements.
       ``(18) The educational institution does not provide any 
     commission, bonus, or other incentive payment based directly 
     or indirectly on success in securing enrollments or financial 
     aid to any persons or entities engaged in any student 
     recruiting or admission activities or in making decisions 
     regarding the award of student financial assistance, except 
     for the recruitment of foreign students residing in foreign 
     countries who are not eligible to receive Federal student 
     assistance.
       ``(19) The educational institution does not make any 
     misrepresentations (as defined in section 668.71 of title 34, 
     Code of Federal Regulations (or any corresponding similar 
     regulation or ruling)) regarding the nature of its 
     educational program, the nature of its financial charges, or 
     the employability of its graduates (as defined in sections 
     668.72 through 668.74 of such title, respectively (or any 
     corresponding similar regulations or rulings)).
       ``(20) The educational institution has provided information 
     necessary to substantiate that it complies with the 
     requirements set forth under section 600.9 of title 34 Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling).''.
       (3) Requirement that additional requirements imposed by 
     state approving agencies be approved by secretary of veterans 
     affairs.--Paragraph (21) of such subsection, as redesignated 
     by paragraph (2)(A), is amended by inserting ``and approved 
     by the Secretary'' before the period at the end.
       (4) Conforming amendments.--Section 3676 of such title is 
     amended--
       (A) in the heading for such section, by striking 
     ``nonaccredited courses'' and inserting ``courses not 
     approved by Secretary of Education''; and
       (B) in subsection (c), in the matter before paragraph (1), 
     by striking ``non-accredited''.
       (5) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3675 and inserting the following 
     new item:

``3676. Approval of courses not approved by Secretary of Education.''.
       (d) Assistance Under Certain Department of Defense 
     Educational Assistance Programs Available for Use Only at 
     FDSL Participating Institutions.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2006 the 
     following new section:

     ``Sec. 2006a. Assistance for education and training: 
       availability of certain assistance for use only at Federal 
       Direct Student Loan participating institutions

       ``(a) In General.--Effective as of August, 1, 2013, an 
     individual eligible for assistance under a Department of 
     Defense educational assistance program or authority covered 
     by this section may, except as provided in subsection (b), 
     only use such assistance for educational expenses incurred 
     for an eligible program (as defined in section 481 of the 
     Higher Education Act of 1965 (20 U.S.C. 1088)) that--
       ``(1) is offered by an institution of higher education that 
     has entered into, and is complying with, a program 
     participation agreement under section 487 of such Act (20 
     U.S.C. 1094);
       ``(2) in the case of a program designed to prepare 
     individuals for licensure or certification, meets the 
     instructional curriculum licensure or certification 
     requirements of the State in which the institution is 
     located; and
       ``(3) in the case of a program designed to prepare 
     individuals for employment by a State board or agency in an 
     occupation that requires approval or licensure for such 
     employment, is approved or licensed by such State board or 
     agency.
       ``(b) Waiver.--The Secretary of Defense may, by regulation, 
     authorize the use of educational assistance under a 
     Department of Defense educational assistance program or 
     authority covered by this chapter for educational expenses 
     incurred for a program of education that is not described in 
     subsection (a) if the program--
       ``(1) is accredited and approved by a nationally recognized 
     accrediting agency or association;
       ``(2) was not an eligible program described in subsection 
     (a) at any time during the most recent two-year period;
       ``(3) is a program that the Secretary determines would 
     further the purposes of the educational assistance programs 
     or authorities covered by this chapter, or would further the 
     education interests of students eligible for assistance under 
     the such programs or authorities;
       ``(4) in the case of a program consisting of less than 600 
     clock hours of instruction, or its equivalent, has verified 
     completion and placement rates of at least 70 percent;
       ``(5) in the case of a program that prepares individuals 
     for licensure or certification, has instructional curriculum 
     that appropriately includes the licensure or certification 
     requirements in the State in which the institution deems such 
     curriculum does;
       ``(6) in the case of a program designed to prepare a 
     student for employment in a recognized occupation requiring 
     approval or licensure for employment by a State board or 
     agency, the program is approved or licensed by such State 
     board or agency; and
       ``(7) the institution providing the program does not 
     provide any commission, bonus, or other incentive payment 
     based directly or indirectly on success in securing 
     enrollments or financial aid to any persons or entities 
     engaged in any student recruiting or admission activities or 
     in making decisions regarding the award of student financial 
     assistance, except for the recruitment of foreign students 
     residing in foreign countries who are not eligible to receive 
     Federal student assistance.
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Defense educational 
     assistance programs and authorities covered by this section' 
     means the programs and authorities as follows:
       ``(A) The programs to assist military spouses in achieving 
     education and training to expand employment and portable 
     career opportunities under section 1784a of this title.
       ``(B) The authority to pay tuition for off-duty training or 
     education of members of the armed forces under section 2007 
     of this title.
       ``(C) The program of educational assistance for members of 
     the Selected Reserve under chapter 1606 of this title.
       ``(D) The program of educational assistance for reserve 
     component members supporting contingency operations and 
     certain other operations under chapter 1607 of this title.
       ``(E) Any other program or authority of the Department of 
     Defense for assistance in education or training carried out 
     under the laws administered by the Secretary of Defense that 
     is designated by the Secretary, by regulation, for purposes 
     of this section.
       ``(2) The term `institution of higher education' has the 
     meaning given that term in section 102 of the Higher 
     Education Act for 1965 (20 U.S.C. 1002).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2006 the 
     following new item:

``2006a. Assistance for education and training: availability of certain 
              assistance for use only at Federal Direct Student Loan 
              participating institutions.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2013.

     SEC. 562. MANDATORY COMPLIANCE REVIEWS.

       (a) In General.--Section 3693 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c) In addition to the annual compliance surveys 
     conducted under subsection (a), the Secretary shall also 
     conduct a compliance review, in accordance with such 
     regulations as the Secretary shall prescribe, of an 
     educational institution described in such subsection whenever 
     the Secretary finds any of the following:
       ``(1) The number of student enrollments at, or the rate of 
     student enrollments of, the educational institution has 
     increased rapidly.
       ``(2) The student dropout rate of the institution has 
     increased rapidly.
       ``(3) The cohort default rate, as defined in section 435(m) 
     of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of 
     the educational institution has increased rapidly or is 
     consistently higher than the average of cohort default rate 
     of comparable educational institutions.
       ``(4) The number of substantiated complaints filed under 
     section 3697C(a)(1) of this title with respect to the 
     educational institution have increased rapidly or is 
     consistently higher than the number of substantiated 
     complaints filed with respect to other comparable educational 
     institutions.
       ``(5) The educational institution is the subject of a civil 
     lawsuit in Federal or State court, is charged with a crime 
     under Federal or State law, or is the subject of an official 
     investigation of a State or Federal agency for misconduct.
       ``(6) The educational institution has significant growth in 
     revenue resulting from tuition, including tuition paid with 
     assistance provided under this chapter, chapters 30 through 
     35 of this title, or the educational assistance programs or 
     authorities specified in section 2006a(c)(1) of title 10, 
     which cannot be attributed to changes made to such chapters 
     by Acts of Congress or changes to the administration of such 
     chapters, programs, or authorities.
       ``(7) Such other findings as the Secretary considers 
     warrant conducting a compliance survey under subsection 
     (a).''.
       (b) Effective Date.--Subsection (c) of such section, as 
     added by subsection (a), shall take effect on August 1, 2013.
                                 ______
                                 
  SA 2958. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 XVIII--MILITARY AND VETERANS EDUCATIONAL REFORM

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Military and Veterans 
     Educational Reform Act of 2012''.

[[Page S6956]]

     SEC. 1802. ADDITIONAL REQUIREMENTS FOR APPROVAL OF 
                   EDUCATIONAL PROGRAMS FOR PURPOSES OF 
                   EDUCATIONAL ASSISTANCE UNDER LAWS ADMINISTERED 
                   BY SECRETARY OF VETERANS AFFAIRS AND SECRETARY 
                   OF DEFENSE.

       (a) Automatic Approval by Secretary of Veterans Affairs of 
     Degree Programs Approved by Secretary of Education.--Clause 
     (i) of section 3672(b)(2)(A) of title 38, United States Code, 
     is amended to read as follows:
       ``(i) A course that is described by section 3675(a) of this 
     title.''.
       (b) Approval by Secretary of Veterans Affairs of Non-Degree 
     Programs Approved by Secretary of Education.--
       (1) In general.--Section 3675 of such title is amended--
       (A) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively;
       (B) by striking subsection (a); and
       (C) by inserting before subsection (c), as redesignated by 
     subparagraph (A), the following new subsections:
       ``(a) The Secretary or a State approving agency may only 
     approve a course that leads to an associate or higher degree 
     when such course is an eligible program (as defined in 
     section 481 of the Higher Education Act of 1965 (20 U.S.C. 
     1088)) offered by an institution of higher education (as 
     defined in section 102 of such Act (20 U.S.C. 1002)) that has 
     entered into, and is complying with, a program participation 
     agreement under section 487 of such Act (20 U.S.C. 1094).
       ``(b)(1) The Secretary or a State approving agency may 
     approve a course that does not lead to an associate or higher 
     degree when--
       ``(A) such course--
       ``(i) is an eligible program (as defined in section 481 of 
     the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by 
     an institution of higher education (as defined in section 102 
     of such Act (20 U.S.C. 1002)) that has entered into, and is 
     complying with, a program participation agreement under 
     section 487 of such Act (20 U.S.C. 1094);
       ``(ii) in the case of a course designed to prepare 
     individuals for licensure or certification, meets the 
     instructional curriculum licensure or certification 
     requirements of the State in which the institution is 
     located; and
       ``(iii) in the case of a course designed to prepare an 
     individual for employment by a State board or agency in an 
     occupation that requires approval or licensure for such 
     employment, is approved or licensed by such State board or 
     agency;
       ``(B) such course is accepted by the State department of 
     education for credit for a teacher's certificate; or
       ``(C) such course is approved by the State as meeting the 
     requirement of regulations prescribed by the Secretary of 
     Health and Human Services under sections 1819(f)(2)(A)(i) and 
     1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i-
     3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).
       ``(2)(A) An educational institution shall submit an 
     application for approval of courses to the appropriate State 
     approving agency. In making application for approval, the 
     institution (other than an elementary school or secondary 
     school) shall transmit to the State approving agency copies 
     of its catalog or bulletin which must be certified as true 
     and correct in content and policy by an authorized 
     representative of the institution.
       ``(B) Each catalog or bulletin transmitted by an 
     institution under subparagraph (A) of this paragraph shall--
       ``(i) state with specificity the requirements of the 
     institution with respect to graduation;
       ``(ii) include the information required under paragraphs 
     (6) and (7) of section 3676(b) of this title; and
       ``(iii) include any attendance standards of the 
     institution, if the institution has and enforces such 
     standards.''.
       (2) Conforming amendments.--Such title is amended--
       (A) in section 3452(g), by striking ``under the provisions 
     of section 3675 of this title'';
       (B) in section 3501(11), by striking ``under the provisions 
     of section 3675 of this title'';
       (C) in section 3672(b)(2)(A), by striking ``3675(b)(1) and 
     (b)(2)'' and inserting ``3675(c)(1) and (c)(2)''; and
       (D) in the heading for section 3675, by striking 
     ``accredited courses'' and inserting ``courses approved by 
     Secretary of Education''.
       (3) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3675 and inserting the following 
     new item:

``3675. Approval of courses approved by Secretary of Education.''.
       (c) Approval by Secretary of Veterans Affairs of Non-Degree 
     Programs Not Approved by Secretary of Education.--
       (1) In general.--Subsection (a) of section 3676 of such 
     title is amended to read as follows:
       ``(a) No course of education which has not been approved by 
     the Secretary or a State approving agency under section 3675 
     of this title shall be approved for the purposes of this 
     chapter unless--
       ``(1) the course--
       ``(A) does not lead to an associate or higher degree;
       ``(B) was not an eligible program (as defined in section 
     481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) at 
     any time during the most recent two-year period; and
       ``(C) is a course that the Secretary or State approving 
     agency determines, in accordance with this section and such 
     regulations as the Secretary shall prescribe and on a case-
     by-case basis, that approval of which would further the 
     purposes of this chapter or any of chapters 30 through 35 of 
     this title; and
       ``(2) the educational institution offering such course 
     submits to the appropriate State approving agency a written 
     application for approval of such course in accordance with 
     the provisions of this chapter.''.
       (2) Additional requirements.--Subsection (c) of section 
     3676 of such title is amended--
       (A) by redesignating paragraph (14) as paragraph (21); and
       (B) by inserting after paragraph (13) the following new 
     paragraphs:
       ``(14) Such courses providing less than 600 clock hours of 
     instruction, or its equivalent, have verified completion and 
     placement rates of at least 70 percent.
       ``(15) Courses that prepare individuals for licensure or 
     certification have verified that the course's instructional 
     curriculum appropriately includes the licensure or 
     certification requirements in the State in which the 
     institution deems such curriculum does.
       ``(16) Courses for which a State board or agency in the 
     State in which the course is designed to prepare a student 
     requires approval or licensure for employment in the 
     recognized occupation in the State is approved or licensed by 
     such State board or agency.
       ``(17) In the case of an educational institution that 
     advertises job placement rates as a means of attracting 
     students to enroll in a course of education offered by the 
     educational institution, the application contains any other 
     information necessary to substantiate the truthfulness of 
     such advertisements.
       ``(18) The educational institution does not provide any 
     commission, bonus, or other incentive payment based directly 
     or indirectly on success in securing enrollments or financial 
     aid to any persons or entities engaged in any student 
     recruiting or admission activities or in making decisions 
     regarding the award of student financial assistance, except 
     for the recruitment of foreign students residing in foreign 
     countries who are not eligible to receive Federal student 
     assistance.
       ``(19) The educational institution does not make any 
     misrepresentations (as defined in section 668.71 of title 34, 
     Code of Federal Regulations (or any corresponding similar 
     regulation or ruling)) regarding the nature of its 
     educational program, the nature of its financial charges, or 
     the employability of its graduates (as defined in sections 
     668.72 through 668.74 of such title, respectively (or any 
     corresponding similar regulations or rulings)).
       ``(20) The educational institution has provided information 
     necessary to substantiate that it complies with the 
     requirements set forth under section 600.9 of title 34 Code 
     of Federal Regulations (or any corresponding similar 
     regulation or ruling).''.
       (3) Requirement that additional requirements imposed by 
     state approving agencies be approved by secretary of veterans 
     affairs.--Paragraph (21) of such subsection, as redesignated 
     by paragraph (2)(A), is amended by inserting ``and approved 
     by the Secretary'' before the period at the end.
       (4) Conforming amendments.--Section 3676 of such title is 
     amended--
       (A) in the heading for such section, by striking 
     ``nonaccredited courses'' and inserting ``courses not 
     approved by Secretary of Education''; and
       (B) in subsection (c), in the matter before paragraph (1), 
     by striking ``non-accredited''.
       (5) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by striking 
     the item relating to section 3675 and inserting the following 
     new item:

``3676. Approval of courses not approved by Secretary of Education.''.
       (d) Assistance Under Certain Department of Defense 
     Educational Assistance Programs Available for Use Only at 
     FDSL Participating Institutions.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2006 the 
     following new section:

     ``Sec. 2006a. Assistance for education and training: 
       availability of certain assistance for use only at Federal 
       Direct Student Loan participating institutions

       ``(a) In General.--Effective as of August, 1, 2013, an 
     individual eligible for assistance under a Department of 
     Defense educational assistance program or authority covered 
     by this section may, except as provided in subsection (b), 
     only use such assistance for educational expenses incurred 
     for an eligible program (as defined in section 481 of the 
     Higher Education Act of 1965 (20 U.S.C. 1088)) that--
       ``(1) is offered by an institution of higher education that 
     has entered into, and is complying with, a program 
     participation agreement under section 487 of such Act (20 
     U.S.C. 1094);
       ``(2) in the case of a program designed to prepare 
     individuals for licensure or certification, meets the 
     instructional curriculum licensure or certification 
     requirements of the State in which the institution is 
     located; and
       ``(3) in the case of a program designed to prepare 
     individuals for employment by a State board or agency in an 
     occupation that requires approval or licensure for such 
     employment, is approved or licensed by such State board or 
     agency.
       ``(b) Waiver.--The Secretary of Defense may, by regulation, 
     authorize the use of educational assistance under a 
     Department of

[[Page S6957]]

     Defense educational assistance program or authority covered 
     by this chapter for educational expenses incurred for a 
     program of education that is not described in subsection (a) 
     if the program--
       ``(1) is accredited and approved by a nationally recognized 
     accrediting agency or association;
       ``(2) was not an eligible program described in subsection 
     (a) at any time during the most recent two-year period;
       ``(3) is a program that the Secretary determines would 
     further the purposes of the educational assistance programs 
     or authorities covered by this chapter, or would further the 
     education interests of students eligible for assistance under 
     the such programs or authorities;
       ``(4) in the case of a program consisting of less than 600 
     clock hours of instruction, or its equivalent, has verified 
     completion and placement rates of at least 70 percent;
       ``(5) in the case of a program that prepares individuals 
     for licensure or certification, has instructional curriculum 
     that appropriately includes the licensure or certification 
     requirements in the State in which the institution deems such 
     curriculum does;
       ``(6) in the case of a program designed to prepare a 
     student for employment in a recognized occupation requiring 
     approval or licensure for employment by a State board or 
     agency, the program is approved or licensed by such State 
     board or agency; and
       ``(7) the institution providing the program does not 
     provide any commission, bonus, or other incentive payment 
     based directly or indirectly on success in securing 
     enrollments or financial aid to any persons or entities 
     engaged in any student recruiting or admission activities or 
     in making decisions regarding the award of student financial 
     assistance, except for the recruitment of foreign students 
     residing in foreign countries who are not eligible to receive 
     Federal student assistance.
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Defense educational 
     assistance programs and authorities covered by this section' 
     means the programs and authorities as follows:
       ``(A) The programs to assist military spouses in achieving 
     education and training to expand employment and portable 
     career opportunities under section 1784a of this title.
       ``(B) The authority to pay tuition for off-duty training or 
     education of members of the armed forces under section 2007 
     of this title.
       ``(C) The program of educational assistance for members of 
     the Selected Reserve under chapter 1606 of this title.
       ``(D) The program of educational assistance for reserve 
     component members supporting contingency operations and 
     certain other operations under chapter 1607 of this title.
       ``(E) Any other program or authority of the Department of 
     Defense for assistance in education or training carried out 
     under the laws administered by the Secretary of Defense that 
     is designated by the Secretary, by regulation, for purposes 
     of this section.
       ``(2) The term `institution of higher education' has the 
     meaning given that term in section 102 of the Higher 
     Education Act for 1965 (20 U.S.C. 1002).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2006 the 
     following new item:

``2006a. Assistance for education and training: availability of certain 
              assistance for use only at Federal Direct Student Loan 
              participating institutions.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2013.

     SEC. 1803. REQUIREMENT THAT EDUCATIONAL INSTITUTIONS INFORM 
                   STUDENTS OF MATTERS RELATING TO ACCREDITATION 
                   AND OUTCOMES AS CONDITION OF APPROVAL FOR 
                   PURPOSES OF EDUCATIONAL ASSISTANCE UNDER LAWS 
                   ADMINISTERED BY SECRETARY OF VETERANS AFFAIRS 
                   AND SECRETARY OF DEFENSE.

       (a) Educational Assistance Under Laws Administered by 
     Secretary of Veterans Affairs.--Section 3672 of title 38, 
     United States Code, is amended--
       (1) by adding at the end the following new subsection:
       ``(f)(1) A course of education that is offered by an 
     educational institution may not be approved under this 
     chapter unless the educational institution discloses and 
     makes readily available the information described in 
     paragraph (2) to--
       ``(A) each individual considering enrolling in the course 
     of education at or before the moment at which the individual 
     applies for enrollment in such course of education;
       ``(B) each student who is enrolled in the course of 
     education each year the student is so enrolled; and
       ``(C) the public.
       ``(2) The information described in this paragraph with 
     respect to an educational institution or a course of 
     education of the educational institution is the following:
       ``(A) The names of associations, agencies, or governmental 
     bodies which accredit, approve, or license the educational 
     institution and its courses of education and the procedures 
     under which any current or prospective student may obtain or 
     review upon request a copy of the documents describing the 
     educational institution's accreditation, approval, or 
     licensing.
       ``(B) Whether the educational institution is a public 
     educational institution, a private nonprofit educational 
     institution, or a private for-profit educational institution.
       ``(C) The rates of graduation of students who enroll in the 
     course of education and the average dropout rate of all 
     students enrolled in the course of education.
       ``(D) The percentage of students enrolled in the course of 
     education who complete the course within--
       ``(i) the standard period for completion of such course of 
     education;
       ``(ii) 150 percent of such period; and
       ``(iii) 200 percent of such period.
       ``(E) The median educational debt incurred by students who 
     complete the course of education.
       ``(F) The cohort default rate, as defined in section 435(m) 
     of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of 
     the educational institution.
       ``(G) The rates of job placement of students who complete 
     the course of education, as applicable, and the types of 
     employment obtained by such students.
       ``(H) For any job for which the course of education is 
     designed to prepare a student, the relevant licensing or 
     certification requirements for such job in the State for 
     which the course is designed to prepare the student to obtain 
     such license or certificate and the examination and licensure 
     test pass rates, as applicable.
       ``(I) The tuition and fees for programs of education at the 
     educational institution.
       ``(J) The percentage of students enrolled in programs of 
     education at the educational institution who have submitted a 
     complaint under section 3697C(a) of this title.
       ``(K) With respect to the information reported under 
     subparagraphs (C) through (J), indicators of how the 
     educational institution compares with the averages of all 
     public educational institutions with similar courses of 
     education in the State in which the educational institution 
     is located.
       ``(L) A description of the procedures by which student may 
     submit complaints regarding educational institutions to 
     applicable Federal and State agencies, including State 
     approving agencies and accrediting agencies or associations 
     and such contact information as may be necessary to submit 
     such complaints.
       ``(M) A description of the process established under 
     section 3697C(a) of this title and such contact information 
     as may be necessary to submit a complaint in accordance with 
     such process.
       ``(N) The policies established by the educational 
     institution regarding transfer of course credit, including 
     the following:
       ``(i) Any established criteria the educational institution 
     uses regarding the transfer of course credit earned at 
     another educational institution.
       ``(ii) A list of educational institutions that will accept 
     transfer of course credit for specific programs of education 
     offered by the educational institution.
       ``(iii) A list of educational institutions from which the 
     educational institution will accept transfer of course credit 
     for specific programs offered by that educational 
     institution.
       ``(iv) Any changes by the educational institution in such 
     policies and established criteria that first took effect in 
     the most recent one-year period.
       ``(O) A statement of the requirements of any refund 
     policies of the educational institution.
       ``(P) A statement of the requirements for officially 
     withdrawing from a course of education at the educational 
     institution.
       ``(Q) The standards which a student must maintain in order 
     to be considered to be making satisfactory progress in a 
     course of education at the educational institution.
       ``(R) A description of the services available at the 
     educational institution that are tailored specifically to 
     meet the needs of individuals receiving assistance under this 
     chapter, any of chapters 30 through 35 of this title, or an 
     educational assistance program or authority specified in 
     section 2006a(c)(1) of title 10, including services provided 
     under section 3679A(a) of this title.
       ``(S) In the case of an educational institution that 
     advertises job placement rates as a means of attracting 
     students to enroll in the educational institution, such 
     information as may be necessary to substantiate the 
     truthfulness of the claims made in such advertising.
       ``(3) The information disclosed and made readily available 
     under paragraph (1) to individuals and students described in 
     subparagraphs (A) and (B) of such paragraph, respectively, 
     shall be disclosed and made readily available--
       ``(A) in language that can be easily understood by such 
     individuals and students; and
       ``(B) in a uniform manner that is appropriate for such 
     individuals and students, including by publications, 
     mailings, and electronic media.''; and
       (2) in subsection (b)(2)(A), as amended by section 
     1802(b)(2), in the matter before clause (i), by inserting 
     ``subsection (f) and'' after ``Subject to''.
       (b) Educational Assistance Under Laws Administered by 
     Secretary of Defense.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2006a, as added 
     by section 1802(d) of this Act, the following new section:

[[Page S6958]]

     ``Sec. 2006b. Disclosure requirements of educational 
       institutions

       ``The Secretary may not provide a payment of educational 
     expenses under an educational assistance program or authority 
     specified in subsection (c)(1) of section 2006a of this title 
     for instruction at an accredited institution of higher 
     education (as defined in subsection (c)(2) of section 2006a 
     of this title) unless such institution discloses and makes 
     readily available the information described in paragraph (2) 
     of section 3672(f) of title 38 as described in paragraph (3) 
     of such section 3672(f) to the following:
       ``(1) Each individual considering enrolling in the course 
     of education at or before the moment at which the individual 
     applies for enrollment in such course of education.
       ``(2) Each student who is enrolled in the course of 
     education each year the student is so enrolled.
       ``(3) The public.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 101 of such title, as amended by section 
     1802(d) of this Act, is further amended by inserting after 
     the item relating to section 2006a the following new item:

``2006b. Disclosure requirements of educational institutions.''.
       (c) Effective Date.--Subsection (f) of section 3672 of 
     title 38, United States Code, as added by subsection (a)(1), 
     and section 2006b of title 10, United States Code, as added 
     by subsection (b), shall take effect on August 1, 2013.

     SEC. 1804. ADDITIONAL REQUIREMENTS OF EDUCATIONAL 
                   INSTITUTIONS FOR SUPPORT OF VETERANS AND 
                   MEMBERS OF ARMED FORCES.

       (a) Requirements.--
       (1) In general.--Subchapter I of chapter 36 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3679A. Additional requirements

       ``(a) Provision of Counseling and Services.--(1) An 
     educational institution with 20 or more covered individuals 
     enrolled in programs of education at the educational 
     institution may not be approved under this chapter unless the 
     educational institution provides adequate academic and 
     student support services (as determined by the Secretary), 
     including remediation, tutoring, and career and job placement 
     counseling services to such covered individuals.
       ``(2) The Secretary may, on a case-by-case basis, waive the 
     requirement to provide services under paragraph (1) for an 
     educational institution for an academic year if--
       ``(A) the Secretary determines that the educational 
     institution has demonstrated that providing such services 
     during such academic year would lead to severe financial 
     hardship; and
       ``(B) the educational institution submits to the Secretary 
     a plan to provide such services during the following academic 
     year.
       ``(b) Minimum Standards for Employment of Points of 
     Contact.--An educational institution may not be approved 
     under this chapter unless the educational institution employs 
     a number of full-time equivalent employees that the Secretary 
     considers adequate, but not less than one full-time 
     equivalent employee, who--
       ``(1) acts as a point of contact for covered individuals on 
     matters relating to educational assistance available to 
     individuals under this chapter and chapters 30 through 35 of 
     this title and under the educational assistance programs and 
     authorities specified in section 2006a(c)(1) of title 10;
       ``(2) is knowledgeable about such educational assistance 
     and such other financial aid, admissions, counseling and 
     referral services, and matters relating to postsecondary 
     education as are important to the educational success of 
     covered individuals; and
       ``(3) is available to assist covered individuals on a full-
     time basis.
       ``(c) Covered Individual Defined.--In this section, the 
     term `covered individual', with respect to enrollment in a 
     program of education, means an individual who is receiving 
     educational assistance under this chapter or any of chapters 
     30 through 35 of this title or under the educational 
     assistance programs and authorities specified in section 
     2006a(c)(1) of title 10 for such program of education.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3679 the following new 
     item:

``3679A. Additional requirements.''.
       (b) Conforming Amendment.--Section 3672(b)(2)(A) of such 
     title (as amended by section 1803(a)(2)) is further amended 
     by striking ``and 3696'' and inserting ``3696, and 3679A''.
       (c) Effective Date.--Section 3679A of such title, as added 
     by paragraph (1), shall take effect on August 1, 2013.

     SEC. 1805. STATE APPROVING AGENCIES.

       (a) Education and Outreach.--
       (1) In general.--Subchapter I of chapter 36 of title 38, 
     United States Code, is amended by inserting after section 
     3674A the following new section:

     ``Sec. 3674B. Education and outreach

       ``(a) Education and Outreach Required.--As a condition on 
     receipt of reimbursement expenses under section 3674 of this 
     title, each State approving agency shall conduct such 
     education and outreach activities for individuals who are 
     eligible to receive or are receiving educational assistance 
     under this chapter or any of chapters 30 through 35 of this 
     title as the Secretary considers appropriate to assist such 
     individuals in making well-informed choices about their 
     education and successfully transitioning into an educational 
     environment.
       ``(b) Coordination.--Each State approving agency conducting 
     outreach activities under subsection (a) shall coordinate 
     with the Secretary of Defense to ensure, as the Secretary of 
     Defense considers appropriate, that information on 
     educational assistance available under this chapter and 
     chapters 30 through 35 of this title is made readily 
     available as part of the Transition Assistance Program (TAP) 
     of the Department of Defense in the State of the State 
     approving agency.
       ``(c) Manner.--Information made available as part of 
     education and outreach activities under this section shall be 
     made--
       ``(1) in language that can be easily understood by 
     individuals described in paragraph (1);
       ``(2) in a uniform and easily accessible manner; and
       ``(3) through such means as may be appropriate and 
     effective, including through publications, mailings, and 
     electronic media.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3674A the following new 
     item:

``3674B. Education and outreach.''.
       (b) Audits.--Section 3673(d) of such title is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Each year, each State approving agency, as a 
     condition of receiving reimbursement of expenses under 
     section 3674 of this title, shall conduct such audits as the 
     Secretary considers appropriate, including unannounced audits 
     and audits using risk-based approaches, of educational 
     institutions in the State of the State approving agency that 
     have students enrolled in programs of education at the 
     educational institutions who are receiving educational 
     assistance under this chapter or any of chapters 30 through 
     35 of this title (without regard to whether the Secretary or 
     the State approving agency approved the courses offered) in 
     such State--
       ``(A) to detect misrepresentation, fraud, waste, and abuse;
       ``(B) to ensure full compliance with the provisions of this 
     chapter; and
       ``(C) for such other purposes as the Secretary considers 
     appropriate.''.
       (c) Reports.--Section 3674(a)(3) of such title is amended--
       (1) by inserting ``(A)'' before ``Each State''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Each report submitted under subparagraph (A) shall 
     include the following:
       ``(i) The number of visits made by the agency to 
     educational institutions, including the number of such visits 
     that were made without the prior knowledge of such 
     educational institution.
       ``(ii) A description of the audits carried out by the 
     agency under section 3673(d)(2) of this title and the 
     findings of the agency, including with respect to any 
     substantiated findings of misrepresentation, fraud, waste, 
     abuse, or failure to comply with an applicable requirement of 
     this chapter and the steps taken by the agency to address 
     such fraud, waste, abuse, or failure to comply.
       ``(iii) A description of the outreach and training 
     activities conducted by the agency under section 3674B of 
     this title.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on August 1, 2013.

     SEC. 1806. MANDATORY COMPLIANCE REVIEWS.

       (a) In General.--Section 3693 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(c) In addition to the annual compliance surveys 
     conducted under subsection (a), the Secretary shall also 
     conduct a compliance review, in accordance with such 
     regulations as the Secretary shall prescribe, of an 
     educational institution described in such subsection whenever 
     the Secretary finds any of the following:
       ``(1) The number of student enrollments at, or the rate of 
     student enrollments of, the educational institution has 
     increased rapidly.
       ``(2) The student dropout rate of the institution has 
     increased rapidly.
       ``(3) The cohort default rate, as defined in section 435(m) 
     of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of 
     the educational institution has increased rapidly or is 
     consistently higher than the average of cohort default rate 
     of comparable educational institutions.
       ``(4) The number of substantiated complaints filed under 
     section 3697C(a)(1) of this title with respect to the 
     educational institution have increased rapidly or is 
     consistently higher than the number of substantiated 
     complaints filed with respect to other comparable educational 
     institutions.
       ``(5) The educational institution is the subject of a civil 
     lawsuit in Federal or State court, is charged with a crime 
     under Federal or State law, or is the subject of an official 
     investigation of a State or Federal agency for misconduct.
       ``(6) The educational institution has significant growth in 
     revenue resulting from tuition, including tuition paid with 
     assistance provided under this chapter, chapters 30

[[Page S6959]]

     through 35 of this title, or the educational assistance 
     programs or authorities specified in section 2006a(c)(1) of 
     title 10, which cannot be attributed to changes made to such 
     chapters by Acts of Congress or changes to the administration 
     of such chapters, programs, or authorities.
       ``(7) Such other findings as the Secretary considers 
     warrant conducting a compliance survey under subsection 
     (a).''.
       (b) Effective Date.--Subsection (c) of such section, as 
     added by subsection (a), shall take effect on August 1, 2013.

     SEC. 1807. TRAINING AND COUNSELING SO VETERANS AND MEMBERS OF 
                   THE ARMED FORCES CAN MAKE INFORMED DECISIONS 
                   ABOUT EDUCATION.

       (a) In General.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3697B. Required one-on-one educational counseling

       ``(a) Provision of Counseling Required.--(1) The Secretary 
     of Veterans Affairs shall provide individualized, one-on-one 
     educational counseling to all individuals considering 
     pursuing a program of education with assistance furnished 
     under this chapter or any of chapters 30 through 35 of this 
     title.
       ``(2) The Secretary of Defense shall provide 
     individualized, one-on-one educational counseling to all 
     individuals considering pursuing a program of education with 
     assistance furnished under an educational assistance program 
     or authority specified in section 2006a(c)(1) of title 10.
       ``(b) Time and Manner of Counseling.--(1) Counseling 
     provided under subsection (a) to an individual described in 
     such subsection considering a program of education shall be 
     provided at or before the individual enrolls in such program 
     as follows:
       ``(A) To such individuals who have received fewer than \1/
     3\ of the credits necessary to complete the program of 
     education, a complete version of such counseling.
       ``(B) To such individuals who have received \1/3\ or more 
     of the credits necessary to complete the program of 
     education, a condensed version of such counseling as the 
     Secretary of Veterans Affairs or the Secretary of Defense, as 
     the case may be, considers appropriate.
       ``(2) To the extent practicable, counseling provided under 
     subsection (a) to an individual described in paragraph (1)(A) 
     of this subsection shall be provided in person.
       ``(3) The Secretary of Veterans Affairs and the Secretary 
     of Defense shall each establish, by regulation, procedures by 
     which individuals may receive counseling provided under 
     subsection (a) when receipt of such counseling in person is 
     not practicable.
       ``(c) Elements.--A complete version of counseling provided 
     under subsection (b)(1) for an individual shall include the 
     following:
       ``(1) An overview of educational assistance available to 
     the individual under this chapter and chapters 30 through 35 
     of this title or under the educational assistance programs 
     and authorities specified in section 2006a(c)(1) of title 10, 
     as the case may be.
       ``(2) Development of a personalized academic and career 
     plan.
       ``(3) An overview of the information disclosed and made 
     readily available under section 3672(f)(1) of this title 
     relevant to the academic and career plan developed under 
     paragraph (2).
       ``(4) A discussion of how enrollment in the program of 
     education at the educational institution will affect the 
     individual's academic and career plan and the financial 
     implications for such individual of such enrollment.
       ``(5) An introduction to the College Navigator Internet 
     website of the Department of Education.
       ``(d) Qualified Counselors.--Counseling provided under 
     subsection (a) may only be provided by properly trained 
     counselors, as determined by the Secretary of Veterans 
     Affairs and the Secretary of Defense.
       ``(e) Use of Information Disclosed by Educational 
     Institutions.--In providing educational assistance under this 
     section, the Secretary of Veterans Affairs and the Secretary 
     of Defense shall, to the degree practicable, use the 
     information disclosed and made readily available under 
     section 3672(f)(1) of this title.
       ``(f) Links to College Navigator Internet Website of 
     Department of Education.--The Secretary of Veterans Affairs 
     and the Secretary of Defense shall provide links on the 
     Internet websites of the Department of Veterans Affairs of 
     the Department of Defense, respectively, to the College 
     Navigator Internet website of the Department of Education in 
     such a manner as the Secretary of Veterans Affairs and the 
     Secretary of Defense consider appropriate to inform veterans 
     and members of the Armed Forces of the availability of and 
     the benefits of using the College Navigator Internet 
     website.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     36 of such title is amended by adding at the end the 
     following new item:

``3697B. Required one-on-one educational counseling.''.
       (c) Clarification.--
       (1) Heading of section 3697a of title 38.--Section 3697A of 
     such title is amended, in the heading, by adding ``by 
     election'' at the end.
       (2) Table of sections.--The table of sections for chapter 
     36 of such title is amended by amending the item relating to 
     section 3697A to read as follows:

``3697A. Educational and vocational counseling by election.''.
       (d) Effective Date.--Section 3697B of such title, as added 
     by paragraph (1), shall take effect on August 1, 2013, and 
     shall apply with respect to individuals considering pursuing 
     programs of education as described in subsection (a) of such 
     section after such date.

     SEC. 1808. COORDINATION AND OVERSIGHT OF EDUCATIONAL 
                   ASSISTANCE PROGRAMS.

       (a) In General.--Subchapter II of chapter 36 of title 38, 
     United States Code, as amended by section 1806, is further 
     amended by adding at the end the following new section:

     ``Sec. 3697C. Coordination and oversight

       ``(a) Development of Centralized Complaints Process.--(1) 
     Not later than 180 days after the date of the enactment of 
     the National Defense Authorization Act for Fiscal Year 2013, 
     the Secretary of Veterans Affairs and the Secretary of 
     Defense shall each establish, by regulation, a process 
     whereby persons are able to submit to the Secretaries, 
     including by submitting via State approving agencies, 
     complaints regarding educational institutions relevant to the 
     provision of educational assistance provided under this 
     chapter and chapters 30 through 35 of this title and under 
     the educational assistance programs and authorities specified 
     in section 2006a(c)(1) of title 10, including complaints 
     regarding misrepresentation, fraud, waste, and abuse.
       ``(2) The process required by paragraph (1) shall include 
     procedures to address complaints in a timely manner, 
     including review and investigation of such complaints.
       ``(3) Each year, the Secretary of Veterans Affairs and the 
     Secretary of Defense shall each compile the information they 
     collect under this subsection and share such information with 
     each other and the Secretary of Education, as otherwise 
     allowed under law.
       ``(b) Information Sharing Between Secretary of Veterans 
     Affairs, Secretary of Defense, and Secretary of Education.--
     (1) Not later than 180 days after the date of the enactment 
     of the National Defense Authorization Act for Fiscal Year 
     2013, the Secretary of Veterans Affairs and the Secretary of 
     Defense shall each establish, by regulation, a process by 
     which information may be reported by their respective 
     departments to the Secretary of Education and each other 
     regarding information with respect to substantiated acts by 
     educational institutions of misrepresentation, fraud, waste, 
     or abuse or failure to comply with an applicable requirement 
     of this chapter or other information considered appropriate 
     by the reporting Secretary by an educational institution at 
     which an individual is enrolled in a program of education for 
     which the individual receives educational assistance under 
     this chapter, any of chapters 30 through 35 of this title, or 
     an educational assistance program or authority specified in 
     section 2006a(c)(1) of title 10 relevant to the purpose and 
     effective implementation of Federal programs of educational 
     assistance provided under such chapters, programs, or 
     authorities.
       ``(2) Not later than 180 days after the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2013, the Secretary of Education shall establish 
     a process by which the Secretary of Education notifies the 
     Secretary of Veterans Affairs and the Secretary of Defense of 
     the following with respect to educational institutions:
       ``(A) Substantiated acts by educational institutions of 
     misrepresentation, fraud, waste, or abuse.
       ``(B) Loss of accreditation.
       ``(C) Loss of eligibility under title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.).
       ``(D) Has been reported by a Federal or State agency or a 
     nationally recognized accrediting agency or association as 
     failing to comply with, or has a significant risk of failing 
     to comply with, a provision of Federal or State law or a 
     requirement that is a condition for accreditation established 
     by a nationally recognized accrediting agency or association.
       ``(E) Such other information as the Secretary of Education 
     considers appropriate.
       ``(c) Annual Report on Educational Assistance Provided by 
     Department of Veterans Affairs and Department of Defense.--
     (1) Not less frequently than once each year, the Secretary of 
     Veterans Affairs and the Secretary of Defense shall each 
     submit to Congress a report on the provision of educational 
     assistance under this chapter and chapters 30 through 35 of 
     this title and under the educational assistance programs and 
     authorities specified in section 2006a(c)(1) of title 10, 
     respectively.
       ``(2) Each report submitted under subsection (a) shall 
     include, for the period covered by the report and 
     disaggregated by for-profit and not-for-profit educational 
     institutions, the following:
       ``(A) The number of individuals who received assistance 
     under laws administered by the respective Secretary.
       ``(B) The amounts of assistance provided.
       ``(C) A description of any complaints reported under 
     subsection (a) to the respective Secretary or State approving 
     agencies by such individuals with respect to the receipt or 
     use of educational assistance under laws administered by the 
     respective Secretary.
       ``(D) All substantiated reports of misrepresentation, 
     waste, fraud, abuse, or other acts that are inconsistent with 
     the requirements of this chapter by an educational 
     institution at which an individual is enrolled in a program 
     of education for which the individual is receiving 
     educational assistance under a law administered by the 
     respective Secretary.

[[Page S6960]]

       ``(E) A list of educational institutions which had courses 
     of education that were approved under this chapter in the 
     previous year but were found, in the year covered by the 
     report, not in compliance with a requirement of such chapter.
       ``(F) Such recommendations for legislative or regulatory 
     action as the respective Secretary considers appropriate to 
     improve the provision of educational assistance under the 
     laws administered by the respective Secretary.
       ``(G) An assessment of the academic performance of 
     individuals who received educational assistance described in 
     paragraph (1), including graduation rates and dropout rates.
       ``(H) A list of educational institutions that were approved 
     under this chapter, disaggregated by educational institutions 
     approved under section 3676 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 36 of such title, as amended by section 
     1806, is further amended by adding at the end the following 
     new item:

``3697C. Coordination and oversight.''.
                                 ______
                                 
  SA 2959. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 847. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.

       (a) In General.--Not later than 90 days after the end of 
     each of fiscal years 2013 through 2016, the Secretary of 
     Defense shall submit to the appropriate committees of 
     Congress a report on any actions described in subsection (b) 
     which occurred during the preceding fiscal years.
       (b) Actions Described.--
       (1) In general.--An action described in this subsection is 
     the Secretary of Defense--
       (A) entering into a contract that includes an 
     indemnification provision relating to bodily injury caused by 
     negligence or relating to wrongful death; or
       (B) modifying an existing contract to include a provision 
     described in subparagraph (A) in a contract.
       (2) Excluded contracts.--Paragraph (1) shall not apply to 
     any contract awarded in accordance with--
       (A) section 2354 of title 10, United States Code; or
       (B) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
       (c) Matters Included.--For each action covered in a report 
     under subsection (a), the report shall include--
       (1) the name of the contractor;
       (2) a description of the indemnification provision included 
     in the contract; and
       (3) a justification for the contract including the 
     indemnification provision.
       (d) Form.--Each report under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on the 
     Budget, and the Committee on Appropriations of the Senate; 
     and
       (2) the Committee on Armed Services, the Committee on the 
     Budget, and the Committee on Appropriations of the House of 
     Representatives.
                                 ______
                                 
  SA 2960. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 513. REPORT ON MECHANISMS TO EASE THE REINTEGRATION INTO 
                   CIVILIAN LIFE OF MEMBERS OF THE NATIONAL GUARD 
                   AND THE RESERVES FOLLOWING A DEPLOYMENT ON 
                   ACTIVE DUTY.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study of the adequacy of mechanisms for the reintegration 
     into civilian life of members of the National Guard and the 
     Reserves following a deployment on active duty in the Armed 
     Forces, including whether permitting such members to remain 
     on active duty for a limited period after such deployment 
     (often referred to as a ``soft landing'') is feasible and 
     advisable for facilitating and easing that reintegration.
       (b) Elements.--
       (1) In general.--The study required by subsection (a) shall 
     address the unique challenges members of the National Guard 
     and the Reserves face when reintegrating into civilian life 
     following a deployment on active duty in the Armed Forces and 
     the adequacy of the policies, programs, and activities of the 
     Department of Defense to assist such members in meeting such 
     challenges.
       (2) Particular elements.--The study shall take into 
     consideration the following:
       (A) Disparities in reintegration after deployment between 
     members of the regular components of the Armed Forces and 
     members of the reserve components of the Armed Forces, 
     including--
       (i) disparities in access to services, including, but not 
     limited to, health care, mental health counseling, job 
     counseling, and family counseling;
       (ii) disparities in amounts of compensated time provided to 
     take care of personal affairs;
       (iii) disparities in amounts of time required to properly 
     access services and to take care of personal affairs, 
     including travel time; and
       (iv) disparities in costs of uncompensated events or 
     requirements, including, but not limited to, travel costs and 
     legal fees.
       (B) Disparities in reintegration policies and practices 
     among the various Armed Forces and between the regular and 
     reserve components of the Armed Forces.
       (C) Disparities in the lengths of time of deployment 
     between the regular and reserve components of the Armed 
     Forces.
       (D) Applicable medical studies on reintegration, including 
     studies on the rest and recuperation needed to appropriately 
     recover from combat and training stress.
       (E) Other applicable studies on reintegration policies and 
     practices, including the recommendations made by such 
     studies.
       (F) Appropriate recommendations for the elements of a 
     program to assist members of the National Guard and the 
     Reserves following a deployment on active duty in the Armed 
     Forces in reintegrating into civilian life, including means 
     of ensuring that the program applies uniformly across the 
     Armed Forces and between the regular components and reserve 
     components of the Armed Forces.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the study 
     required by subsection (a). The report shall set forth the 
     results of the study, including the matters specified in 
     subsection (b), and include such comments and recommendation 
     in light of the study as the Secretary considers appropriate.
                                 ______
                                 
  SA 2961. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 F of title V, add the following:

     SEC. 561. REQUIREMENT TO USE HUMAN-BASED METHODS FOR CERTAIN 
                   MEDICAL TRAINING.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2017. Requirement to use human-based methods for 
       certain medical training

       ``(a) Combat Trauma Injuries.--(1) Not later than October 
     1, 2014, the Secretary of Defense shall develop, test, and 
     validate human-based training methods for the purpose of 
     training members of the armed forces in the treatment of 
     combat trauma injuries with the goal of replacing live 
     animal-based training methods.
       ``(2) Not later than October 1, 2016, the Secretary--
       ``(A) shall only use human-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries; and
       ``(B) may not use animals for such purpose.
       ``(b) Exception for Particular Commands and Training 
     Methods.--(1) The Secretary may exempt a particular command, 
     particular training method, or both, from the requirement for 
     human-based training methods under subsection (a)(2) if the 
     Secretary determines that human-based training methods will 
     not provide an educationally equivalent or superior 
     substitute for live animal-based training methods for such 
     command or training method, as the case may be.
       ``(2) Any exemption under this subsection shall be for such 
     period, not more than one year, as the Secretary shall 
     specify in granting the exemption. Any exemption may be 
     renewed (subject to the preceding sentence).
       ``(c) Annual Reports.--(1) Not later than October 1, 2013, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods and 
     replacement of live animal-based training methods for the 
     purpose of training members of the armed forces in the 
     treatment of combat trauma injuries under this section.
       ``(2) Each report under this subsection on or after October 
     1, 2016, shall include a description of any exemption under 
     subsection (b) that is in force as of the time of such 
     report, and a current justification for such exemption.
       ``(d) Definitions.--In this section:
       ``(1) The term `combat trauma injuries' means severe 
     injuries likely to occur during combat, including--
       ``(A) hemorrhage;

[[Page S6961]]

       ``(B) tension pneumothorax;
       ``(C) amputation resulting from blast injury;
       ``(D) compromises to the airway; and
       ``(E) other injuries.
       ``(2) The term `human-based training methods' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       ``(A) simulators;
       ``(B) partial task trainers;
       ``(C) moulage;
       ``(D) simulated combat environments;
       ``(E) human cadavers; and
       ``(F) rotations in civilian and military trauma centers.
       ``(3) The term `partial task trainers' means training aids 
     that allow individuals to learn or practice specific medical 
     procedures.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by adding 
     at the end the following new item:

``2017. Requirement to use human-based methods for certain medical 
              training.''.
                                 ______
                                 
  SA 2962. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 C subtitle of title II, add the following:

     SEC. 238. SENSE OF CONGRESS ON THE SUBMITTAL TO CONGRESS OF 
                   THE HOMELAND DEFENSE HEDGING POLICY AND 
                   STRATEGY REPORT OF THE SECRETARY OF DEFENSE.

       (a) Findings.--Congress makes the following findings:
       (1) Section 233 of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1340) 
     requires a homeland defense hedging policy and strategy 
     report from the Secretary of Defense.
       (2) The report was required to be submitted not later than 
     75 days after the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2012, namely by 
     March 16, 2012.
       (3) The Secretary of Defense has not yet submitted the 
     report as required.
       (4) In March 2012, General Charles Jacoby, Jr., Commander 
     of the United States Northern Command, the combatant command 
     responsible for operation of the Ground-based Midcourse 
     Defense system to defend the homeland against ballistic 
     missile threats, testified before Congress that ``I am 
     confident in my ability to successfully defend the homeland 
     from the current set of limited long-range ballistic missile 
     threats'', and that ``[a]gainst current threats from the 
     Middle East, I am confident we are well postured''.
       (5) Phase 4 of the European Phased Adaptive Approach (EPAA) 
     is intended to augment the currently deployed homeland 
     defense capability of the Ground-based Midcourse Defense 
     system against a potential future Iranian long-range missile 
     threat by deploying an additional layer of forward-deployed 
     interceptors in Europe in the 2020 timeframe.
       (6) The Director of National Intelligence, James Clapper, 
     has testified to Congress that, although the intelligence 
     community does ``not know if Iran will eventually decide to 
     build nuclear weapons'', it judges ``that Iran would likely 
     choose missile delivery as its preferred method of delivering 
     a nuclear weapon''. He also testified that ``Iran already has 
     the largest inventory of ballistic missiles in the Middle 
     East, and it is expanding the scale, reach, and 
     sophistication of its ballistic missile forces, many of which 
     are inherently capable of carrying a nuclear payload''.
       (7) The 2012 Annual Report to Congress on the Military 
     Power of Iran by the Department of Defense states that, in 
     addition to increasing its missile inventories, ``Iran has 
     boosted the lethality and effectiveness of its existing 
     missile systems with accuracy improvements and new 
     submunitions payloads'', and that it continues to develop 
     missiles that can strike Israel and Eastern Europe. It also 
     states that ``Iran has launched multistage space launch 
     vehicles that could serve as a testbed for developing long-
     range ballistic missiles technologies'', and that ``[w]ith 
     sufficient foreign assistance, Iran may be technically 
     capable of flight-testing an intercontinental ballistic 
     missile by 2015''.
       (8) Despite the failure of its April 2012 satellite launch 
     attempt, North Korea warned the United States in October 2012 
     that the United States mainland is within range of its 
     missiles.
       (9) The threat of limited ballistic missile attack against 
     the United States homeland from countries such as North Korea 
     and Iran is increasing.
       (b) Sense of Congress.--It is the sense of the Congress 
     that--
       (1) the homeland defense hedging policy and strategy report 
     required by section 233 of the National Defense Authorization 
     Act for Fiscal Year 2012 is necessary to inform Congress on 
     options to protect the United States homeland against the 
     evolving ballistic missile threat, including potential 
     options prior to the deployment of Phase 4 of the European 
     Phased Adaptive Approach to missile defense; and
       (2) the Secretary of Defense should comply with the 
     requirements of section 233 of the National Defense 
     Authorization Act for Fiscal Year 2012 by submitting the 
     homeland defense hedging policy and strategy report to 
     Congress.
                                 ______
                                 
  SA 2963. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 585. POSTHUMOUS HONORARY PROMOTION OF SERGEANT PASCHAL 
                   CONLEY TO SECOND LIEUTENANT IN THE ARMY.

       Notwithstanding the time limitation specified in section 
     1521 of title 10, United States Code, or any other time 
     limitation with respect to posthumous promotions for persons 
     who served in the Armed Forces, the President is authorized 
     to issue an appropriate posthumous honorary commission 
     promoting to second lieutenant in the Army under section 1521 
     of such title Sergeant (retired) Paschal Conley, a 
     distinguished Buffalo Soldier who was recommended for 
     promotion to second lieutenant under then-existing procedures 
     by General John J. Pershing.
                                 ______
                                 
  SA 2964. Mr. CHAMBLISS (for himself and Mr. Tester) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 VI, add the following:

     SEC. 643. MODIFICATION OF PER-FISCAL YEAR CALCULATION OF DAYS 
                   OF CERTAIN ACTIVE DUTY OR ACTIVE SERVICE TO 
                   REDUCE ELIGIBILITY AGE FOR RETIREMENT FOR NON-
                   REGULAR SERVICE.

       (a) Accumulation of 90-Day Periods of Service Within Any 
     Two Consecutive Fiscal Years.--Section 12731(f)(2)(A) of 
     title 10, United States Code, is amended by striking ``in any 
     fiscal year'' and inserting ``in any two consecutive fiscal 
     years''.
       (b) Retroactive Effective Date and Applicability.--The 
     amendment made by subsection (a) shall take effect as of 
     January 28, 2008, as if included in the National Defense 
     Authorization Act for Fiscal Year 2008 (Public Law 110-181) 
     as enacted, and shall apply with respect to service described 
     by paragraph (2) of section 12731(f) of title 10, United 
     States Code (as amended by Public Law 110-181 and subsection 
     (a)), that occurs on or after September 11, 2001.
                                 ______
                                 
  SA 2965. Mr. HATCH (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill S. 3254, to authorize 
appropriations for fiscal year 2013 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XI, add the following:

     SEC. 1104. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND 
                   RETIREMENT TREATMENT FOR CERTAIN RETIREES OF 
                   THE ARMED FORCES.

       (a) Increase in Maximum Age Limit for Positions Subject to 
     FERS.--
       (1) Law enforcement officers.--Section 3307(e) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1), by inserting ``or (3)'' after 
     ``paragraph (2)''; and
       (B) by adding at the end the following:
       ``(3) The maximum age limit for an original appointment to 
     a position as a law enforcement officer (as defined in 
     section 8401(17)) shall be 47 years of age, in the case of an 
     individual who on the effective date of such appointment is 
     eligible to receive retired pay or retainer pay for military 
     service, or pension or compensation from the Department of 
     Veterans Affairs instead of such retired or retainer pay.''.
       (2) Other positions.--The maximum age limit for an original 
     appointment to a position as a member of the Capitol Police 
     or Supreme Court Police, nuclear materials courier (as 
     defined under section 8401(33) of such title), or customs and 
     border protection officer (as defined in section 8401(36) of 
     such title) shall be 47 years of age, in the case of an 
     individual who on the effective date of such appointment is 
     eligible to receive retired pay or retainer pay for military 
     service, or pension or compensation from the Department of 
     Veterans Affairs instead of such retired or retainer pay.

[[Page S6962]]

       (b) Eligibility for Annuity.--Section 8412(d) of such title 
     is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by adding ``or'' at the end; and
       (3) by inserting after paragraph (2) the following:
       ``(3) after becoming 57 years of age and completing 10 
     years of service as a law enforcement officer, member of the 
     Capitol Police or Supreme Court Police, nuclear materials 
     courier, customs or border protection officer, or any 
     combination of such service totaling 10 years, if such 
     employee--
       ``(A) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, nuclear materials courier, or customs and 
     border protection officer on or after the effective date of 
     this paragraph under section 1104(e) of the National Defense 
     Authorization Act for Fiscal Year 2013, and
       ``(B) on the date that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     1104(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2013,''.
       (c) Mandatory Separation.--Section 8425 of such title is 
     amended--
       (1) in subsection (b)(1), in the first sentence, by 
     inserting ``, except that a law enforcement officer, nuclear 
     materials courier, or customs and border protection officer 
     eligible for retirement under section 8412(d)(3) shall be 
     separated from the service on the last day of the month in 
     which that employee becomes 57 years of age'' before the 
     period;
       (2) in subsection (c), in the first sentence, by inserting 
     ``, except that a member of the Capitol Police eligible for 
     retirement under section 8412(d)(3) shall be separated from 
     the service on the last day of the month in which that 
     employee becomes 57 years of age'' before the period; and
       (3) in subsection (d), in the first sentence, by inserting 
     ``, except that a member of the Supreme Court Police eligible 
     for retirement under section 8412(d)(3) shall be separated 
     from the service on the last day of the month in which that 
     employee becomes 57 years of age'' before the period.
       (d) Computation of Basic Annuity.--Section 8415(e) of such 
     title is amended--
       (1) in paragraph (1), by striking ``total service as'' and 
     inserting ``civilian service as a law enforcement officer, 
     member of the Capitol Police or Supreme Court Police, nuclear 
     materials courier, customs and border protection officer, or 
     air traffic controller that, in the aggregate,''; and
       (2) in paragraph (2), by striking ``so much of such 
     individual's total service as exceeds 20 years'' and 
     inserting ``the remainder of such individual's total 
     service''.
       (e) Effective Date.--This section (including the amendments 
     made by this section) shall take effect 60 days after the 
     date of enactment of this Act and shall apply to appointments 
     made on or after that effective date.
                                 ______
                                 
  SA 2966. Mr. HATCH (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill S. 3254, to authorize 
appropriations for fiscal year 2013 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 322. EXPANSION AND REAUTHORIZATION OF MULTI-TRADES 
                   DEMONSTRATION PROJECT.

       (a) Expansion.--Section 338 of the National Defense 
     Authorization Act for Fiscal Year 2004 (10 U.S.C. 5013 note) 
     is amended--
       (1) by striking subsection (a) and inserting the following 
     new subsection:
       ``(a) Demonstration Project Authorized.--In accordance with 
     section 4703 of title 5, United States Code, the Secretary of 
     a military department may carry out a demonstration project 
     at facilities described in subsection (b) under which workers 
     who are certified at the journey level as able to perform 
     multiple trades shall be promoted by one grade level.''; and
       (2) in subsection (b), by striking ``Logistics Center, Navy 
     Fleet Readiness Center,'' and inserting ``Logistics Complex, 
     Navy Fleet Readiness Center, Navy shipyard, Marine Corps 
     Logistics Base,''.
       (b) Reauthorization.--Such section is further amended--
       (1) in subsection (d), by striking ``2013'' and inserting 
     ``2018''; and
       (2) in subsection (e), by striking ``2014'' and inserting 
     ``2019''.
                                 ______
                                 
  SA 2967. Mr. HELLER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. DETERMINATION OF CERTAIN SERVICE IN PHILIPPINES 
                   DURING WORLD WAR II.

       (a) In General.--The Secretary of Defense, in consultation 
     with the Secretary of Veterans Affairs and such military 
     historians as the Secretary of Defense considers appropriate, 
     shall establish a process to determine whether a covered 
     individual served as described in subsection (a) or (b) of 
     section 107 of title 38, United States Code, for purposes of 
     determining whether such covered individual is eligible for 
     benefits described in such subsections.
       (b) Covered Individuals.--For purposes of this section, a 
     covered individual is any individual who--
       (1) claims service described in subsection (a) or (b) of 
     section 107 of title 38, United States Code; and
       (2) is not included in the Approved Revised Reconstructed 
     Guerilla Roster of 1948, known as the ``Missouri List''.
                                 ______
                                 
  SA 2968. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1024. TRANSFER OF CERTAIN NAVAL VESSELS TO TAIWAN.

       (a) Transfer by Sale.--The President is authorized to 
     transfer the OLIVER HAZARD PERRY class guided missile 
     frigates USS UNDERWOOD (FFG-36), USS CARR (FFG-52), USS 
     VANDEGRIFT (FFG-48), and USS NICHOLAS (FFG-47) to the Taipei 
     Economic and Cultural Representative Office of the United 
     States (which is the Taiwan instrumentality designated 
     pursuant to section 10(a) of the Taiwan Relations Act (22 
     U.S.C. 3309(a))) on a sale basis under section 21 of the Arms 
     Export Control Act (22 U.S.C. 2761).
       (b) Alternative Transfer Authority.--In the event that a 
     recipient to which a vessel transfer is authorized under 
     subsection (a) declines to accept the transfer, the President 
     is authorized to transfer such vessel to another eligible 
     recipient. Each such transfer shall be on a sale basis under 
     section 21 of the Arms Export Control Act (22 U.S.C. 2761), 
     and shall be subject to the applicable congressional 
     notification requirements of that Act.
       (c) Costs of Transfers.--Any expense incurred by the United 
     States in connection with a transfer authorized by this 
     section shall be charged to the recipient (notwithstanding 
     section 516(e)(1) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2321j(e)(1))).
       (d) Repair and Refurbishment in United States Shipyards.--
     To the maximum extent practicable, the President shall 
     require, as a condition of the transfer of a vessel under 
     this section, that the recipient to which the vessel is 
     transferred have such repair or refurbishment of the vessel 
     as is needed, before the vessel joins the naval forces of 
     that recipient, performed at a shipyard located in the United 
     States, including a United States Navy shipyard.
       (e) Expiration of Authority.--The authority to transfer a 
     vessel under this section shall expire at the end of the 3-
     year period beginning on the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 2969. Mr. HELLER (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 704. REPORT ON THE FUTURE AVAILABILITY OF TRICARE PRIME 
                   THROUGHOUT THE UNITED STATES.

       (a) Report Required.--Not later than 120 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 the policy of the Department of Defense on the future 
     availability of TRICARE Prime under the TRICARE program for 
     eligible beneficiaries in all TRICARE regions throughout the 
     United States.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description, by region, of the difference in 
     availability of TRICARE Prime for eligible beneficiaries 
     (other than eligible beneficiaries on active duty in the 
     Armed Forces) under newly-awarded TRICARE managed care 
     contracts, including, in particular, an identification of the 
     regions or areas in which TRICARE Prime will no longer be 
     available for such beneficiaries under such contracts.
       (2) A description of the transition and outreach plans for 
     eligible beneficiaries described in paragraph (1) who will no 
     longer have access to TRICARE Prime under the contracts 
     described in that paragraph.

[[Page S6963]]

       (3) An estimate of the increased costs to be incurred for 
     healthcare under the TRICARE program for eligible 
     beneficiaries described in paragraph (2).
       (4) An estimate of the saving to be achieved by the 
     Department as a result of the contracts described in 
     paragraph (1).
       (5) A description of the plans of the Department to 
     continue to assess the impact on access to healthcare for 
     eligible beneficiaries described in paragraph (2).
                                 ______
                                 
  SA 2970. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 XXVIII, add the 
     following:

     SEC. 2824. DEFINITION OF RENEWABLE ENERGY SOURCE FOR PURPOSES 
                   OF DEPARTMENT OF DEFENSE ENERGY SECURITY.

       Section 2924(7)(A) of title 10, Unites States Code, is 
     amended by inserting ``and direct solar renewable energy as 
     defined in section 605(c) of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17173(c))'' after ``Solar, 
     including electricity''.
                                 ______
                                 
  SA 2971. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. SENSE OF THE SENATE ON PROTECTION OF DEPARTMENT OF 
                   DEFENSE AIRFIELDS, TRAINING AIRSPACE, AND AIR 
                   TRAINING ROUTES.

       It is the sense of the Senate that--
       (1) Department of Defense airfields, training airspace, and 
     air training routes are national treasures that must be 
     protected from encroachment;
       (2) placement or emplacement of obstructions near or on 
     Department of Defense airfields, training airspace, or air 
     training routes has the potential of increasing risk to 
     military aircraft and personnel as well as impacting training 
     and readiness; and
       (3) the Department of Defense should develop comprehensive 
     rules and regulations to address construction and use of land 
     in close proximity to Department of Defense airfields, 
     training areas, or air training routes to ensure 
     compatibility with military aircraft operations.
                                 ______
                                 
  SA 2972. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. SENSE OF CONGRESS THAT THE BUGLE CALL COMMONLY 
                   KNOWN AS TAPS SHOULD BE DESIGNATED AS THE 
                   NATIONAL SONG OF MILITARY REMEMBRANCE.

       It is the sense of Congress that the bugle call commonly 
     known as ``Taps'' should be designated as the National Song 
     of Military Remembrance.
                                 ______
                                 
  SA 2973. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VII, add the following:

     SEC. 735. SENSE OF SENATE ON MENTAL HEALTH COUNSELORS FOR 
                   MEMBERS OF THE ARMED FORCES, VETERANS, AND 
                   THEIR FAMILIES.

       It is the sense of the Senate that--
       (1) the Secretary of Defense and the Secretary of Veterans 
     Affairs should develop a plan to ensure a sustainable flow of 
     qualified counselors to meet the long-term needs of members 
     of the Armed Forces, veterans, and their families for 
     counselors; and
       (2) the plan should include the participation of accredited 
     schools and universities, health care providers, professional 
     counselors, family service or support centers, chaplains, and 
     other appropriate resources of the Department of Defense and 
     the Department of Veterans Affairs.
                                 ______
                                 
  SA 2974. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VIII, add the following:

     SEC. 888. INAPPLICABILITY TO DEPARTMENT OF DEFENSE OF CERTAIN 
                   ALTERNATIVE FUEL PROCUREMENT REQUIREMENTS.

       Section 526 of the Energy Independence and Security Act of 
     2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--
       (1) by inserting ``(a) In General.--'' before ``No Federal 
     agency''; and
       (2) by adding at the end the following new subsection:
       ``(b) Inapplicability to Department of Defense.--This 
     section shall not apply to the Department of Defense.''.
                                 ______
                                 
  SA 2975. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 314. MODIFICATION OF DEFINITION.

       Section 3(2)(B)(v) of the Toxic Substances Control Act (15 
     U.S.C. 2602(2)(B)(v)) is amended by inserting after 
     ``Code),'' the following: ``or any component of any such 
     article, including, without limitation, shot, bullets and 
     other projectiles, propellants, and primers,''.
                                 ______
                                 
  SA 2976. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. REQUIREMENT FOR DETENTION AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, OF HIGH-VALUE 
                   DETAINEES WHO WILL BE DETAINED LONG-TERM.

       (a) Requirement.--Each high-value enemy combatant who is 
     captured or otherwise taken into long-term custody or 
     detention by the United States shall, while under such 
     detention of the United States, be detained at the Guantanamo 
     Bay Detention Facility (GTMO) at United States Naval Station, 
     Guantanamo Bay, Cuba.
       (b) High-value Enemy Combatant Defined.--In this section, 
     the term ``high-value enemy combatant'' means an enemy 
     combatant who--
       (1) is a senior member of al-Qaeda, the Taliban, or any 
     associated terrorist group;
       (2) has knowledge of an imminent terrorist threat against 
     the United States or its territories, the Armed Forces of the 
     United States, the people or organizations of the United 
     States, or an ally of the United States;
       (3) has, or has had, direct involvement in planning or 
     preparing a terrorist action against the United States or an 
     ally of the United States or in assisting the leadership of 
     al-Qaeda, the Taliban, or any associated terrorist group in 
     planning or preparing such a terrorist action; or
       (4) if released from detention, would constitute a clear 
     and continuing threat to the United States or any ally of the 
     United States.
                                 ______
                                 
  SA 2977. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. SECRETARY OF DEFENSE ASSESSMENT OF INDEPENDENT 
                   COMMISSION TO REFORM FEDERAL ACQUISITION RULES.

       (a) Assessment.--The Secretary of Defense shall, in 
     consultation with the other members of the Federal 
     Acquisition Regulatory Council, conduct an assessment the 
     feasibility and advisability of establishing an independent 
     commission to streamline and simplify current Federal 
     acquisition rules and guidance. The purpose of the commission 
     for purposes of the assessment shall be to reduce, 
     consolidate, and update all Federal acquisition rules in 
     order to create an acquisition system that is more cost 
     effective, efficient, and timely.

[[Page S6964]]

       (b) Elements.--The assessment required by subsection (a) 
     shall include, but not be limited to, the following:
       (1) A comprehensive review of current Federal acquisition 
     rules affecting defense acquisition.
       (2) A consideration of the history, rationale, and effects 
     of the proliferation of the documents, rules, and regulations 
     relating to the Federal acquisition process.
       (3) The impact of current Federal acquisition rules on open 
     competition, small business participation, and execution of 
     contracts.
       (4) The impact of current Federal acquisition rules on 
     warfighter access to the latest technologies and weapon 
     systems.
       (5) Such recommendations as the Secretary considers 
     appropriate regarding potential changes to documents, rules, 
     and procedures relating to the Federal acquisition process.
       (6) An assessment of the feasibility and advisability of 
     establishing an independent commission to reform Federal 
     acquisition rules.
       (7) If such an independent commission is considered 
     feasible and advisable, such recommendation on the size, 
     composition, and duration of the commission as the Secretary 
     considers appropriate.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the assessment required by subsection (a).
                                 ______
                                 
  SA 2978. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VIII, add the following:

     SEC. 888. PLAN TO INCREASE NUMBER OF CONTRACTORS ELIGIBLE FOR 
                   CONTRACTS UNDER AIR FORCE NETCENTS-2 CONTRACT.

       (a) Plan Required.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a plan to 
     increase the number of contractors eligible to be awarded 
     contracts under the Air Force's Network-Centric Solutions-2 
     (NETCENTS-2) indefinite-delivery, indefinite-quantity (IDIQ) 
     contract.
       (b) Content.--The plan required under subsection (a) shall 
     include the following elements:
       (1) A recommendation and rationale for a maximum number of 
     contractors to be eligible for contract awards under 
     NETCENTS-2 to foster competition and reduce overall costs 
     associated with hardware and operation and maintenance of Air 
     Networks.
       (2) The methodology used to periodically review existing 
     eligible NETCENTS-2 contractors and contracts.
       (3) A timeline to increase the current number of eligible 
     contractors under NETCENTS-2 and dates of future ``on-ramps'' 
     under NETCENTS-2 to assess current eligible contractors and 
     add additional eligible contractors.
                                 ______
                                 
  SA 2979. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 272. SENSE OF SENATE ON USE OF ARTIFICIAL INTELLIGENCE 
                   IN TRAINING EXERCISES FOR MEMBERS OF THE ARMED 
                   FORCES.

       It is the sense of the Senate that--
       (1) modeling and simulation will continue to play a 
     critical role in the training of the members of the Armed 
     Forces;
       (2) while modeling and simulation has reduced the overall 
     costs of training of members of the Armed Forces, there are 
     significant costs associated with contractor overhead, 
     including costs in connection with playing the role of 
     opposing forces, civilian populations, government agencies, 
     and non-government organizations during training exercises;
       (3) advances in artificial intelligence could reduce the 
     number of contractors required to support training exercises 
     for members of the Armed Forces, and thereby reduce overall 
     cost of the exercises; and
       (4) the Secretary of Defense should develop a plan to 
     increase the use of artificial intelligence during training 
     exercises for members of the Armed Forces to increase 
     training effectiveness and reduce costs.
                                 ______
                                 
  SA 2980. Mrs. BOXER (for herself, Mr. Grassley, and Mr. Manchin) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 238. between lines 15 and 16, insert the following:
       (c) Report on Allowable Costs of Employee Compensation.--
     Not later than 120 days after the date of the enactment of 
     this Act, the Inspector General of the Department of Defense 
     shall submit to Congress a report on the effect of the 
     modification of allowable costs of contractor compensation of 
     employees made by subsection (a). The report shall include 
     the following:
       (1) The total number of contractor employees whose 
     allowable costs of compensation in fiscal year 2012 exceeded 
     the amount of allowable costs under the modification made by 
     subsection (a).
       (2) The total number of contractor employees whose 
     allowable costs of compensation in each of fiscal years 2010, 
     2011, and 2012 would have exceeded the amount of allowable 
     costs under section 2324(e)(1)(P) of title 10, United States 
     Code, as amended by section 803(a) of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1485).
       (3) The total number of contractor employees whose 
     allowable costs of compensation in each of fiscal years 2010, 
     2011, and 2012 exceeded the amount payable to the President 
     under section 102 of title 3, United States Code.
       (4) The total number of contractor employees in fiscal year 
     2012 that could have been characterized as falling within a 
     narrowly targeted exception established by the Secretary of 
     Defense under section 2324(e)(1)(P) of title 10, United 
     States Code, as a result of the amendment made by section 
     803(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2012.
       (5) An assessment whether the compensation amounts provided 
     in fiscal year 2012 to employees who were characterized by 
     their employers as falling within a narrowly targeted 
     exception described in paragraph (4) were provided 
     compensation amounts in that fiscal year in manner consistent 
     with private sector practice.
       (6) The duties and services performed in fiscal year 2012 
     by employees who were characterized by their employers as 
     falling within a narrowly targeted exception described in 
     paragraph (4).
       (7) An assessment whether there are Federal civilian 
     employees who perform duties and services comparable to the 
     duties and services described pursuant to paragraph (6).
                                 ______
                                 
  SA 2981. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 526. PROHIBITION ON WAIVER FOR COMMISSIONING OR 
                   ENLISTMENT IN THE ARMED FORCES FOR ANY 
                   INDIVIDUAL CONVICTED OF A FELONY SEXUAL 
                   OFFENSE.

       An individual may not be provided a waiver for 
     commissioning or enlistment in the Armed Forces if the 
     individual has been convicted under Federal or State law of a 
     felony offense of any of the following:
       (1) Rape.
       (2) Sexual abuse.
       (3) Sexual assault.
       (4) Incest.
       (5) Any other sexual offense.
                                 ______
                                 
  SA 2982. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. PROHIBITIONS RELATING TO REFERENCES TO GI BILL AND 
                   POST-9/11 GI BILL.

       (a) In General.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 3697B. Prohibition relating to references to GI Bill 
       and Post-9/11 GI Bill

       ``(a) Prohibition.--(1) No person may, except with the 
     written permission of the Secretary, use the words and 
     phrases covered by this subsection in connection with any 
     promotion, goods, services, or commercial activity in a 
     manner reasonably and falsely tending to suggest that such 
     use is approved, endorsed, or authorized by the Department or 
     any component thereof.
       ``(2) For purposes of this subsection, the words and 
     phrases covered by this subsection are as follows:

[[Page S6965]]

       ``(A) `GI Bill'.
       ``(B) `Post-9/11 GI Bill'.
       ``(3) A determination that a use of one or more words and 
     phrases covered by this subsection in connection with a 
     promotion, goods, services, or commercial activity is not a 
     violation of this subsection may not be made solely on the 
     ground that such promotion, goods, services, or commercial 
     activity includes a disclaimer of affiliation with the 
     Department or any component thereof.
       ``(b) Enforcement by Attorney General.--(1) Whenever it 
     appears to the Attorney General of the United States that any 
     person is engaged or is about to engage in an act or practice 
     which constitutes or will constitute conduct prohibited by 
     subsection (a), the Attorney General may initiate a civil 
     proceeding in a district court of the United States to enjoin 
     such act or practice.
       ``(2) Such court may, at any time before final 
     determination, enter such restraining orders or prohibitions, 
     or take such other action as is warranted, to prevent injury 
     to the United States or to any person or class of persons for 
     whose protection the action is brought.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 36 of such title is amended by inserting 
     after the item relating to section 3697A the following new 
     item:

``3697B. Prohibition relating to references to GI Bill and Post-9/11 GI 
              Bill.''.
                                 ______
                                 
  SA 2983. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 10___. DESIGNATION OF DISTINGUISHED FLYING CROSS 
                   NATIONAL MEMORIAL IN RIVERSIDE, CALIFORNIA.

       (a) Designation.--The memorial to members of the Armed 
     Forces who have been awarded the Distinguished Flying Cross 
     at March Field Air Museum in Riverside, California, is 
     designated as the ``Distinguished Flying Cross National 
     Memorial''.
       (b) Effect of Designation.--The national memorial 
     designated by this section is not a unit of the National Park 
     System, and the designation of the national memorial shall 
     not be construed to require or permit Federal funds to be 
     expended for any purpose related to the national memorial.
                                 ______
                                 
  SA 2984. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     SEC. 10__. WHITE SANDS MISSILE RANGE AND FORT BLISS.

       (a) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     paragraph (3), the Federal land described in paragraph (2) is 
     withdrawn from--
       (A) entry, appropriation, and disposal under the public 
     land laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (2) Description of federal land.--The Federal land referred 
     to in paragraph (1) consists of--
       (A) the approximately 5,100 acres of land depicted as 
     ``Parcel 1'' on the map entitled ``White Sands Missile Range/
     Fort Bliss/BLM Land Transfer and Withdrawal'' and dated April 
     3, 2012 (referred to in this section as the ``map'');
       (B) the approximately 37,600 acres of land depicted as 
     ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the map; and
       (C) any land or interest in land that is acquired by the 
     United States within the boundaries of the parcels described 
     in subparagraph (B).
       (3) Limitation.--Notwithstanding paragraph (1), the land 
     depicted as ``Parcel 4'' on the map is not withdrawn for 
     purposes of the issuance of oil and gas pipeline rights-of-
     way.
       (b) Reservation.--The Federal land described in subsection 
     (a)(2)(A) is reserved for use by the Secretary of the Army 
     for military purposes in accordance with Public Land Order 
     833, dated May 21, 1952 (17 Fed. Reg. 4822).
       (c) Transfer of Administrative Jurisdiction.--Effective on 
     the date of enactment of this Act, administrative 
     jurisdiction over the approximately 2,050 acres of land 
     generally depicted as ``Parcel 2'' on the map--
       (1) is transferred from the Secretary of the Army to the 
     Secretary of the Interior (acting through the Director of the 
     Bureau of Land Management); and
       (2) shall be managed in accordance with--
       (A) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.); and
       (B) any other applicable laws.
       (d) Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     publish in the Federal Register a legal description of the 
     Federal land withdrawn by subsection (a).
       (2) Force of law.--The legal description published under 
     paragraph (1) shall have the same force and effect as if 
     included in this Act, except that the Secretary of the 
     Interior may correct errors in the legal description.
       (3) Reimbursement of costs.--The Secretary of the Army 
     shall reimburse the Secretary of the Interior for any costs 
     incurred by the Secretary of the Interior in implementing 
     this subsection with regard to the Federal land described in 
     subsection (a)(2)(A).
                                 ______
                                 
  SA 2985. Mr. UDALL of Colorado (for himself, Mrs. Murray, Mrs. 
Shaheen, and Mr. Bingaman) submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 313.
                                 ______
                                 
  SA 2986. Mr. CASEY (for himself, Mr. Enzi, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 VIII, add the following:

     SEC. ___. SUBCONTRACTOR NOTIFICATIONS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended by adding at the end the following:
       ``(13) Notification Requirement.--An offeror with respect 
     to a contract let by a Federal agency that is to be awarded 
     pursuant to the negotiated method of procurement that intends 
     to identify a small business concern as a potential 
     subcontractor in the offer relating to the contract shall 
     notify the small business concern that the offeror intends to 
     identify the small business concern as a potential 
     subcontractor in the offer.
       ``(14) Reporting by Subcontractors.--The Administrator 
     shall establish a reporting mechanism that allows a 
     subcontractor to report fraudulent activity by a contractor 
     with respect to a subcontracting plan submitted to a 
     procurement authority under paragraph (4)(B).''.
                                 ______
                                 
  SA 2987. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 F of title V, add the following:

     SEC. 561. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) Fiscal Year 2013 Administration.--Notwithstanding 
     section 2302(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may 
     administer the Troops-to-Teachers Program during fiscal year 
     2013. Amounts authorized to be appropriated for the 
     Department of Defense by this Act shall be available to the 
     Secretary of Defense for that purpose.
       (b) Years of Service Requirements.--Section 
     2303(a)(2)(A)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended by 
     striking ``6 or more years'' and inserting ``4 or more 
     years''.
       (c) Definition of Local Educational Agency and Public 
     Charter Schools.--
       (1) Amendment.--Section 2304(a)(1)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is 
     amended to read as follows:
       ``(B) to accept an offer of full-time employment as an 
     elementary school teacher, secondary school teacher, or 
     career or technical education teacher for not less than 3 
     school years with a local educational agency receiving a 
     grant under part A of title I, a public charter school (as 
     such term is defined in section 2102) residing in such a 
     local educational agency, or a Bureau-funded school (as such 
     term is defined in section 1141 of the Education Amendments 
     of 1978 (25 U.S.C. 2021)), to begin the school year after 
     obtaining that certification or licensing.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 30 days after the date of the enactment of 
     this Act.

[[Page S6966]]

                                 ______
                                 
  SA 2988. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1048. MODIFICATION OF RULE OF CONSTRUCTION OF 
                   PROHIBITION ON INFRINGING THE INDIVIDUAL RIGHT 
                   TO LAWFULLY ACQUIRE, POSSESS, OWN, CARRY, AND 
                   USE PRIVATELY OWNED FIREARMS, AMMUNITION, AND 
                   OTHER WEAPONS.

       Section 1062(c) of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383; 
     124 Stat. 4363; 10 U.S.C. 1030 note prec.) is amended--
       (1) in paragraph (1)(B), by striking ``or'' at the end;
       (2) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(3) make reasonable inquiries regarding the conduct or 
     plans of a member of the Armed Forces for the purposes of 
     suicide prevention, prevention of domestic violence, child 
     protection, day care screening, sexual assault response, 
     school counseling, and similar activities, if the Secretary 
     has reasonable grounds to believe that the member is at high 
     risk for suicide or causing harm to others.''.
                                 ______
                                 
  SA 2989. Mrs. MURRAY (for herself and Mr. Burr) submitted an 
amendment intended to be proposed by her to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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. 1084. EXTENSION OF AUTHORITIES TO CARRY OUT A PROGRAM OF 
                   REFERRAL AND COUNSELING SERVICES TO VETERANS AT 
                   RISK OF HOMELESSNESS WHO ARE TRANSITIONING FROM 
                   CERTAIN INSTITUTIONS.

       Section 2023(d) of title 38, United States Code, is amended 
     by striking ``September 30, 2012'' and inserting ``September 
     30, 2013''.
                                 ______
                                 
  SA 2990. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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:

      TITLE __--NUCLEAR TERRORISM CONVENTIONS AND MARITIME SAFETY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Nuclear Terrorism 
     Conventions Implementation and Safety of Maritime Navigation 
     Act of 2012''.

               Subtitle A--Safety of Maritime Navigation

     SEC. __11. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 2280 of title 18, United States Code, is amended--
       (1) in subsection (b)(1)(A)--
       (A) in clause (i), by striking ``a ship flying the flag of 
     the United States'' and inserting ``a vessel of the United 
     States or a vessel subject to the jurisdiction of the United 
     States (as defined in section 70502 of title 46)'';
       (B) in clause (ii), by inserting ``, including the 
     territorial seas'' after ``in the United States''; and
       (C) in clause (iii), by inserting ``, by a United States 
     corporation or legal entity,'' after ``by a national of the 
     United States'';
       (2) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)''; and
       (3) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Definitions.--In this section and in sections 2280a, 
     2281, and 2281a:
       ``(1) Applicable treaty.--The term `applicable treaty' 
     means--
       ``(A) the Convention for the Suppression of Unlawful 
     Seizure of Aircraft, done at The Hague on 16 December 1970;
       ``(B) the Convention for the Suppression of Unlawful Acts 
     against the Safety of Civil Aviation, done at Montreal on 23 
     September 1971;
       ``(C) the Convention on the Prevention and Punishment of 
     Crimes against Internationally Protected Persons, including 
     Diplomatic Agents, adopted by the General Assembly of the 
     United Nations on 14 December 1973;
       ``(D) International Convention against the Taking of 
     Hostages, adopted by the General Assembly of the United 
     Nations on 17 December 1979;
       ``(E) the Convention on the Physical Protection of Nuclear 
     Material, done at Vienna on 26 October 1979;
       ``(F) the Protocol for the Suppression of Unlawful Acts of 
     Violence at Airports Serving International Civil Aviation, 
     supplementary to the Convention for the Suppression of 
     Unlawful Acts against the Safety of Civil Aviation, done at 
     Montreal on 24 February 1988;
       ``(G) the Protocol for the Suppression of Unlawful Acts 
     against the Safety of Fixed Platforms Located on the 
     Continental Shelf, done at Rome on 10 March 1988;
       ``(H) International Convention for the Suppression of 
     Terrorist Bombings, adopted by the General Assembly of the 
     United Nations on 15 December 1997; and
       ``(I) International Convention for the Suppression of the 
     Financing of Terrorism, adopted by the General Assembly of 
     the United Nations on 9 December 1999.
       ``(2) Armed conflict.--The term `armed conflict' does not 
     include internal disturbances and tensions, such as riots, 
     isolated and sporadic acts of violence, and other acts of a 
     similar nature.
       ``(3) Biological weapon.--The term `biological weapon' 
     means--
       ``(A) microbial or other biological agents, or toxins 
     whatever their origin or method of production, of types and 
     in quantities that have no justification for prophylactic, 
     protective, or other peaceful purposes; or
       ``(B) weapons, equipment, or means of delivery designed to 
     use such agents or toxins for hostile purposes or in armed 
     conflict.
       ``(4) Chemical weapon.--The term `chemical weapon' means, 
     together or separately--
       ``(A) toxic chemicals and their precursors, except if 
     intended for--
       ``(i) industrial, agricultural, research, medical, 
     pharmaceutical, or other peaceful purposes;
       ``(ii) protective purposes, namely those purposes directly 
     related to protection against toxic chemicals and to 
     protection against chemical weapons;
       ``(iii) military purposes not connected with the use of 
     chemical weapons and not dependent on the use of the toxic 
     properties of chemicals as a method of warfare; or
       ``(iv) law enforcement, including domestic riot control 
     purposes, if the types and quantities are consistent with 
     such purposes;
       ``(B) munitions and devices, specifically designed to cause 
     death or other harm through the toxic properties of those 
     toxic chemicals specified in subparagraph (A), which would be 
     released as a result of the employment of such munitions and 
     devices; and
       ``(C) any equipment specifically designed for use directly 
     in connection with the employment of munitions and devices 
     specified in subparagraph (B).
       ``(5) Covered ship.--The term `covered ship' means a ship 
     that is navigating or is scheduled to navigate into, through 
     or from waters beyond the outer limit of the territorial sea 
     of a single country or a lateral limit of that country's 
     territorial sea with an adjacent country.
       ``(6) Explosive materials.--The term `explosive materials' 
     has the meaning given the term in section 841(c) and includes 
     an explosive (as defined in section 844(j)).
       ``(7) Infrastructure facility.--The term `infrastructure 
     facility' has the meaning given the term in section 
     2332f(e)(5).
       ``(8) International organization.--The term `international 
     organization' has the meaning given the term in section 
     831(f)(3).
       ``(9) Military forces of a state.--The term `military 
     forces of a state' means the armed forces of a state which 
     are organized, trained, and equipped under its internal law 
     for the primary purpose of national defense or security, and 
     persons acting in support of those armed forces who are under 
     their formal command, control, and responsibility.
       ``(10) National of the united states.--The term `national 
     of the United States' has the meaning given the term in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ``(11) Non-proliferation treaty.--The term `Non-
     Proliferation Treaty' means the Treaty on the Non-
     Proliferation of Nuclear Weapons, done at Washington, London, 
     and Moscow on 1 July 1968.
       ``(12) Non-proliferation state party.--The term `Non-
     Proliferation Treaty State Party' means any State Party to 
     the Non-Proliferation Treaty, to include Taiwan, which shall 
     be considered to have the obligations under the Non-
     Proliferation Treaty of a party to that treaty other than a 
     Nuclear Weapon State Party to the Non-Proliferation Treaty.
       ``(13) Nuclear weapon state party to the non-proliferation 
     treaty.--The term `Nuclear Weapon State Party to the Non-
     Proliferation Treaty' means a State Party to the Non-
     Proliferation Treaty that is a nuclear-weapon State, as that 
     term is defined in Article IX(3) of the Non-Proliferation 
     Treaty.
       ``(14) Place of public use.--The term `place of public use' 
     has the meaning given the term in section 2332f(e)(6).
       ``(15) Precursor.--The term `precursor' has the meaning 
     given the term in section 229F(6)(A).
       ``(16) Public transportation system.--The term `public 
     transportation system' has the meaning given the term in 
     section 2332f(e)(7).
       ``(17) Serious injury or damage.--The term `serious injury 
     or damage' means--
       ``(A) serious bodily injury,
       ``(B) extensive destruction of a place of public use, State 
     or government facility, infrastructure facility, or public 
     transportation system, resulting in major economic loss, or

[[Page S6967]]

       ``(C) substantial damage to the environment, including air, 
     soil, water, fauna, or flora.
       ``(18) Ship.--The term `ship' means a vessel of any type 
     whatsoever not permanently attached to the sea-bed, including 
     dynamically supported craft, submersibles, or any other 
     floating craft, but does not include a warship, a ship owned 
     or operated by a government when being used as a naval 
     auxiliary or for customs or police purposes, or a ship which 
     has been withdrawn from navigation or laid up.
       ``(19) Source material.--The term `source material' has the 
     meaning given that term in the International Atomic Energy 
     Agency Statute, done at New York on 26 October 1956.
       ``(20) Special fissionable material.--The term `special 
     fissionable material' has the meaning given that term in the 
     International Atomic Energy Agency Statute, done at New York 
     on 26 October 1956.
       ``(21) Territorial sea of the united states.--The term 
     `territorial sea of the United States' means all waters 
     extending seaward to 12 nautical miles from the baselines of 
     the United States determined in accordance with international 
     law.
       ``(22) Toxic chemical.--The term `toxic chemical' has the 
     meaning given the term in section 229F(8)(A).
       ``(23) Transport.--The term `transport' means to initiate, 
     arrange or exercise effective control, including decision 
     making authority, over the movement of a person or item.
       ``(24) United states.--The term `United States', when used 
     in a geographical sense, includes the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     all territories and possessions of the United States.
       ``(e) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(f) Delivery of Suspected Offender.--The master of a 
     covered ship flying the flag of the United States who has 
     reasonable grounds to believe that there is on board that 
     ship any person who has committed an offense under section 
     2280 or section 2280a may deliver such person to the 
     authorities of a country that is a party to the Convention 
     for the Suppression of Unlawful Acts against the Safety of 
     Maritime Navigation. Before delivering such person to the 
     authorities of another country, the master shall notify in an 
     appropriate manner the Attorney General of the United States 
     of the alleged offense and await instructions from the 
     Attorney General as to what action to take. When delivering 
     the person to a country which is a state party to the 
     Convention, the master shall, whenever practicable, and if 
     possible before entering the territorial sea of such country, 
     notify the authorities of such country of the master's 
     intention to deliver such person and the reasons therefor. If 
     the master delivers such person, the master shall furnish to 
     the authorities of such country the evidence in the master's 
     possession that pertains to the alleged offense.
       ``(g)(1) Civil Forfeiture.--Any real or personal property 
     used or intended to be used to commit or to facilitate the 
     commission of a violation of this section, the gross proceeds 
     of such violation, and any real or personal property 
     traceable to such property or proceeds, shall be subject to 
     forfeiture.
       ``(2) Applicable Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 of title 18, United States Code, relating to civil 
     forfeitures, except that such duties as are imposed upon the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents, 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security, the Attorney General, or 
     the Secretary of Defense.''.

     SEC. __12. VIOLENCE AGAINST MARITIME NAVIGATION.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2280 the following:

     ``Sec. 2280a. Violence against maritime navigation and 
       maritime transport involving weapons of mass destruction

       ``(a) Offenses.--
       ``(1) In general.--Subject to the exceptions set forth in 
     subsection (c), a person who unlawfully and intentionally--
       ``(A) when the purpose of the act, by its nature or 
     context, is to intimidate a population, or to compel a 
     government or an international organization to do or to 
     abstain from doing any act--
       ``(i) uses against or on a ship or discharges from a ship 
     any explosive or radioactive material, biological, chemical, 
     or nuclear weapon or other nuclear explosive device in a 
     manner that causes or is likely to cause death to any person 
     or serious injury or damage;
       ``(ii) discharges from a ship oil, liquefied natural gas, 
     or another hazardous or noxious substance that is not covered 
     by clause (i), in such quantity or concentration that causes 
     or is likely to cause death to any person or serious injury 
     or damage; or
       ``(iii) uses a ship in a manner that causes death to any 
     person or serious injury or damage;
       ``(B) transports on board a ship--
       ``(i) any explosive or radioactive material, knowing that 
     it is intended to be used to cause, or in a threat to cause, 
     death to any person or serious injury or damage for the 
     purpose of intimidating a population, or compelling a 
     government or an international organization to do or to 
     abstain from doing any act;
       ``(ii) any biological, chemical, or nuclear weapon or other 
     nuclear explosive device, knowing it to be a biological, 
     chemical, or nuclear weapon or other nuclear explosive 
     device;
       ``(iii) any source material, special fissionable material, 
     or equipment or material especially designed or prepared for 
     the processing, use, or production of special fissionable 
     material, knowing that it is intended to be used in a nuclear 
     explosive activity or in any other nuclear activity not under 
     safeguards pursuant to an International Atomic Energy Agency 
     comprehensive safeguards agreement, except where--

       ``(I) such item is transported to or from the territory of, 
     or otherwise under the control of, a Non-Proliferation Treaty 
     State Party; and
       ``(II) the resulting transfer or receipt (including 
     internal to a country) is not contrary to the obligations 
     under the Non-Proliferation Treaty of the Non-Proliferation 
     Treaty State Party from which, to the territory of which, or 
     otherwise under the control of which such item is 
     transferred;

       ``(iv) any equipment, materials, or software or related 
     technology that significantly contributes to the design or 
     manufacture of a nuclear weapon or other nuclear explosive 
     device, with the intention that it will be used for such 
     purpose, unless--

       ``(I) the country to the territory of which or under the 
     control of which such item is transferred is a Nuclear Weapon 
     State Party to the Non-Proliferation Treaty; and
       ``(II) the resulting transfer or receipt (including 
     internal to a country) is not contrary to the obligations 
     under the Non-Proliferation Treaty of a Non-Proliferation 
     Treaty State Party from which, to the territory of which, or 
     otherwise under the control of which such item is 
     transferred;

       ``(v) any equipment, materials, or software or related 
     technology that significantly contributes to the delivery of 
     a nuclear weapon or other nuclear explosive device, with the 
     intention that it will be used for such purpose, except 
     where--

       ``(I) such item is transported to or from the territory of, 
     or otherwise under the control of, a Non-Proliferation Treaty 
     State Party; and
       ``(II) such item is intended for the delivery system of a 
     nuclear weapon or other nuclear explosive device of a Nuclear 
     Weapon State Party to the Non-Proliferation Treaty; or

       ``(vi) any equipment, materials, or software or related 
     technology that significantly contributes to the design, 
     manufacture, or delivery of a biological or chemical weapon, 
     with the intention that it will be used for such purpose;
       ``(C) transports another person on board a ship knowing 
     that the person has committed an act that constitutes an 
     offense under section 2280 or subparagraphs (A), (B), (D), or 
     (E) of this paragraph or an offense set forth in an 
     applicable treaty, as specified in section 2280(d)(1), and 
     intending to assist that person to evade criminal 
     prosecution;
       ``(D) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraphs (A) through (C), or subsection 
     (a)(2), to the extent that the offense set forth in 
     subsection (a)(2) pertains to subparagraph (A);
       ``(E) attempts to do any act prohibited under subparagraph 
     (A), (B), or (D); or
       ``(F) conspires to do any act prohibited under this 
     subsection,

     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if the death of any person results from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threats.--A person who threatens, with apparent 
     determination and will to carry the threat into execution, to 
     do any act prohibited under paragraph (1)(A) shall be fined 
     under this title, imprisoned not more than 5 years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited under subsection (a)--
       ``(1) in the case of a covered ship, if--
       ``(A) such activity is committed--
       ``(i) against or on board a vessel of the United States or 
     a vessel subject to the jurisdiction of the United States (as 
     defined in section 70502 of title 46) at the time the 
     prohibited activity is committed;
       ``(ii) in the United States, including the territorial 
     seas; or
       ``(iii) by a national of the United States, by a United 
     States corporation or legal entity, or by a stateless person 
     whose habitual residence is in the United States;
       ``(B) during the commission of such activity, a national of 
     the United States is seized, threatened, injured, or killed; 
     or
       ``(C) the offender is later found in the United States 
     after such activity is committed;
       ``(2) in the case of a ship navigating or scheduled to 
     navigate solely within the territorial sea or internal waters 
     of a country other than the United States, if the offender is 
     later found in the United States after such activity is 
     committed; or
       ``(3) in the case of any vessel, if such activity is 
     committed in an attempt to compel

[[Page S6968]]

     the United States to do or abstain from doing any act.
       ``(c) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(d)(1) Civil Forfeiture.--Any real or personal property 
     used or intended to be used to commit or to facilitate the 
     commission of a violation of this section, the gross proceeds 
     of such violation, and any real or personal property 
     traceable to such property or proceeds, shall be subject to 
     forfeiture.
       ``(2) Applicable Procedures.--Seizures and forfeitures 
     under this section shall be governed by the provisions of 
     chapter 46 relating to civil forfeitures, except that such 
     duties as are imposed upon the Secretary of the Treasury 
     under the customs laws described in section 981(d) shall be 
     performed by such officers, agents, and other persons as may 
     be designated for that purpose by the Secretary of Homeland 
     Security, the Attorney General, or the Secretary of 
     Defense.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2280 the 
     following:

``2280a. Violence against maritime navigation and maritime transport 
              involving weapons of mass destruction.''.

     SEC. __13. EXCEPTIONS TO LAW PROHIBITING VIOLENCE AGAINST 
                   MARITIME FIXED PLATFORMS.

       Section 2281 of title 18, United States Code, is amended--
       (1) in subsection (c), by striking ``section 2(c)'' and 
     inserting ``section 13(c)'';
       (2) in subsection (d), by striking the definitions of 
     ``national of the United States,'' ``territorial sea of the 
     United States,'' and ``United States''; and
       (3) by adding at the end the following:
       ``(e) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''.

     SEC. __14. ADDITIONAL OFFENSES AGAINST MARITIME FIXED 
                   PLATFORMS.

       (a) In General.--Chapter 111 of title 18, United States 
     Code, is amended by adding after section 2281 the following:

     ``Sec. 2281a. Additional offenses against maritime fixed 
       platforms

       ``(a) Offenses.--
       ``(1) In general.--A person who unlawfully and 
     intentionally--
       ``(A) when the purpose of the act, by its nature or 
     context, is to intimidate a population, or to compel a 
     government or an international organization to do or to 
     abstain from doing any act--
       ``(i) uses against or on a fixed platform or discharges 
     from a fixed platform any explosive or radioactive material, 
     biological, chemical, or nuclear weapon in a manner that 
     causes or is likely to cause death or serious injury or 
     damage; or
       ``(ii) discharges from a fixed platform oil, liquefied 
     natural gas, or another hazardous or noxious substance that 
     is not covered by clause (i), in such quantity or 
     concentration that causes or is likely to cause death or 
     serious injury or damage;
       ``(B) injures or kills any person in connection with the 
     commission or the attempted commission of any of the offenses 
     set forth in subparagraph (A); or
       ``(C) attempts or conspires to do anything prohibited under 
     subparagraph (A) or (B),
     shall be fined under this title, imprisoned not more than 20 
     years, or both; and if death results to any person from 
     conduct prohibited by this paragraph, shall be punished by 
     death or imprisoned for any term of years or for life.
       ``(2) Threat to safety.--A person who threatens, with 
     apparent determination and will to carry the threat into 
     execution, to do any act prohibited under paragraph (1)(A), 
     shall be fined under this title, imprisoned not more than 5 
     years, or both.
       ``(b) Jurisdiction.--There is jurisdiction over the 
     activity prohibited under subsection (a) if--
       ``(1) such activity is committed against or on board a 
     fixed platform--
       ``(A) that is located on the continental shelf of the 
     United States;
       ``(B) that is located on the continental shelf of another 
     country, by a national of the United States or by a stateless 
     person whose habitual residence is in the United States; or
       ``(C) in an attempt to compel the United States to do or 
     abstain from doing any act;
       ``(2) during the commission of such activity against or on 
     board a fixed platform located on a continental shelf, a 
     national of the United States is seized, threatened, injured, 
     or killed; or
       ``(3) such activity is committed against or on board a 
     fixed platform located outside the United States and beyond 
     the continental shelf of the United States and the offender 
     is later found in the United States.
       ``(c) Exceptions.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(d) Definitions.--In this section:
       ``(1) Continental shelf.--The term `continental shelf' 
     means the sea-bed and subsoil of the submarine areas that 
     extend beyond a country's territorial sea to the limits 
     provided by customary international law as reflected in 
     Article 76 of the 1982 Convention on the Law of the Sea.
       ``(2) Fixed platform.--The term `fixed platform' means an 
     artificial island, installation, or structure permanently 
     attached to the sea-bed for the purpose of exploration or 
     exploitation of resources or for other economic purposes.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 111 of title 18, United States Code, is 
     amended by adding after the item relating to section 2281 the 
     following:

``2281a. Additional offenses against maritime fixed platforms.''.

     SEC. __15. ANCILLARY MEASURES.

       (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of 
     title 18, United States Code, is amended, by striking 
     ``2281'' and inserting ``2280a (relating to maritime safety), 
     2281 through 2281a''.
       (b) Providing Material Support to Terrorists Predicate.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by striking, ``2280, 2281'' and inserting, ``2280, 2280a, 
     2281, 2281a''
       (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, 
     United States Code, is amended by striking ``or section'' and 
     inserting ``, section 2280, 2280a, 2281, or 2281(a) (relating 
     to maritime safety), or section''.

              Subtitle B--Prevention of Nuclear Terrorism

     SEC. __21. ACTS OF NUCLEAR TERRORISM.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding after section 2332h the following:

     ``Sec. 2332i. Acts of nuclear terrorism

       ``(a) Offenses.--
       ``(1) In general.--Any person who knowingly and 
     unlawfully--
       ``(A) possesses radioactive material or makes or possesses 
     a device--
       ``(i) with the intent to cause death or serious bodily 
     injury; or
       ``(ii) with the intent to cause substantial damage to 
     property or the environment; or
       ``(B) uses in any way radioactive material or a device, or 
     uses or damages or interferes with the operation of a nuclear 
     facility in a manner that causes the release of or increases 
     the risk of the release of radioactive material, or causes 
     radioactive contamination or exposure to radiation--
       ``(i) with the intent to cause death or serious bodily 
     injury or with the knowledge that such act is likely to cause 
     death or serious bodily injury;
       ``(ii) with the intent to cause substantial damage to 
     property or the environment or with the knowledge that such 
     act is likely to cause substantial damage to property or the 
     environment; or
       ``(iii) with the intent to compel a person, an 
     international organization or a country to do or refrain from 
     doing an act,

     shall be punished as prescribed in subsection (c).
       ``(2) Threats.--Any person who, under circumstances in 
     which the threat may reasonably be believed, threatens to 
     commit an offense under paragraph (1) shall be punished as 
     prescribed in subsection (c). Whoever demands possession of 
     or access to radioactive material, a device or a nuclear 
     facility by threat or by use of force shall be punished as 
     prescribed in subsection (c).
       ``(3) Attempts and conspiracies.--Any person who attempts 
     to commit an offense under paragraph (1) or conspires to 
     commit an offense under paragraphs (1) or (2) shall be 
     punished as prescribed in subsection (c).
       ``(b) Jurisdiction.--Conduct prohibited by subsection (a) 
     is within the jurisdiction of the United States if--
       ``(1) the prohibited conduct takes place in the United 
     States or the special aircraft jurisdiction of the United 
     States;
       ``(2) the prohibited conduct takes place outside of the 
     United States and--
       ``(A) is committed by a national of the United States, a 
     United States corporation or legal entity or a stateless 
     person whose habitual residence is in the United States;
       ``(B) is committed on board a vessel of the United States 
     or a vessel subject to the jurisdiction of the United States 
     (as defined in section 70502 of title 46) or on board an 
     aircraft that is registered under United States law, at the 
     time the offense is committed; or
       ``(C) is committed in an attempt to compel the United 
     States to do or abstain from doing any act, or constitutes a 
     threat directed at the United States;
       ``(3) the prohibited conduct takes place outside of the 
     United States and a victim or an intended victim is a 
     national of the United States or a United States corporation 
     or legal entity, or the offense is committed against any 
     state or government facility of the United States; or
       ``(4) a perpetrator of the prohibited conduct is found in 
     the United States.
       ``(c) Penalties.--Any person who violates this section 
     shall be punished by death or imprisoned for any term of 
     years or for life.
       ``(d) Nonapplicability.--This section does not apply to--

[[Page S6969]]

       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.
       ``(e) Definitions.--In this section:
       ``(1) Armed conflict.--The term `armed conflict' has the 
     meaning given that term in section 2332f(e)(11).
       ``(2) Device.--The term `device' means--
       ``(A) any nuclear explosive device; or
       ``(B) any radioactive material dispersal or radiation-
     emitting device that may, owing to its radiological 
     properties, cause death, serious bodily injury or substantial 
     damage to property or the environment.
       ``(3) International organization.--The term `international 
     organization' has the meaning given the term in section 
     831(f)(3).
       ``(4) Military forces of a state.--The term `military 
     forces of a state' means the armed forces of a country that 
     are organized, trained and equipped under its internal law 
     for the primary purpose of national defense or security and 
     persons acting in support of those armed forces who are under 
     their formal command, control and responsibility.
       ``(5) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(22)).
       ``(6) Nuclear facility.--The term `nuclear facility' 
     means--
       ``(A) any nuclear reactor, including reactors on vessels, 
     vehicles, aircraft or space objects for use as an energy 
     source in order to propel such vessels, vehicles, aircraft or 
     space objects or for any other purpose;
       ``(B) any plant or conveyance being used for the 
     production, storage, processing or transport of radioactive 
     material; or
       ``(C) a facility (including associated buildings and 
     equipment) in which nuclear material is produced, processed, 
     used, handled, stored or disposed of, if damage to or 
     interference with such facility could lead to the release of 
     significant amounts of radiation or radioactive material.
       ``(7) Nuclear material.--The term `nuclear material' has 
     the meaning given the term in section 831(f)(1).
       ``(8) Radioactive material.--The term `radioactive 
     material' means nuclear material and other radioactive 
     substances that contain nuclides that undergo spontaneous 
     disintegration (a process accompanied by emission of one or 
     more types of ionizing radiation, such as alpha-, beta-, 
     neutron particles and gamma rays) and that may, owing to 
     their radiological or fissile properties, cause death, 
     serious bodily injury or substantial damage to property or to 
     the environment.
       ``(9) Serious bodily injury.--The term `serious bodily 
     injury' has the meaning given the term in section 831(f)(4).
       ``(10) State.--The term `state' has the meaning given the 
     term under international law, and includes all political 
     subdivisions of the state.
       ``(11) State or government facility.--The term `state or 
     government facility' has the meaning given the term in 
     section 2332f(e)(3).
       ``(12) United states corporation or legal entity.--The term 
     `United States corporation or legal entity' means any 
     corporation or other entity organized under the laws of the 
     United States or any State, Commonwealth, territory, 
     possession or district of the United States.
       ``(13) Vessel.--The term `vessel' has the meaning given the 
     term in section 1502(19) of title 33.
       ``(14) Vessel of the united states.--The term `vessel of 
     the United States' has the meaning given the term in section 
     70502 of title 46.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, is 
     amended by inserting after section 2332h the following:

``2332i. Acts of nuclear terrorism.''.
       (c) Disclaimer.--Nothing contained in this section is 
     intended to affect the applicability of any other Federal or 
     State law that might pertain to the underlying conduct.

     SEC. __22. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED 
                   STATES CODE.

       Section 831 of title 18, United States Code, is amended--
        (a) in subsection (a)--
       (1) by redesignating paragraphs (3) through (8) as 
     paragraphs (4) through (9), respectively;
       (2) by inserting after paragraph (2) the following:
       ``(3) without lawful authority, intentionally carries, 
     sends or moves nuclear material into or out of a country;'';
       (3) in paragraph (8), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (5)''; and
       (4) in paragraph (9), as redesignated, by striking ``an 
     offense under paragraph (1), (2), (3), or (4)'' and inserting 
     ``any act prohibited under paragraphs (1) through (7)'';
       (b) in subsection (b)--
       (1) in paragraph (1), by striking ``(7)'' and inserting 
     ``(8)''; and
       (2) in paragraph (2), by striking ``(8)'' and inserting 
     ``(9)'';
       (c) in subsection (c)--
       (1) in subparagraph (2)(A), by inserting ``or a stateless 
     person whose habitual residence is in the United States'' 
     after ``United States'';
       (2) in paragraph (4), by striking ``or'' at the end; and
       (3) by striking paragraph (5) and inserting the following:
       ``(5) the offense is committed on board a vessel of the 
     United States or a vessel subject to the jurisdiction of the 
     United States (as defined in section 70502 of title 46) or on 
     board an aircraft that is registered under United States law, 
     at the time the offense is committed;
       ``(6) the offense is committed outside the United States 
     and against any state or government facility of the United 
     States; or
       ``(7) the offense is committed in an attempt to compel the 
     United States to do or abstain from doing any act, or 
     constitutes a threat directed at the United States.'';
       (d) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (e) by inserting after subsection (c) the following:
       ``(d) Nonapplicability.--This section shall not apply to--
       ``(1) the activities of armed forces during an armed 
     conflict, as those terms are understood under the law of war, 
     which are governed by that law; or
       ``(2) activities undertaken by military forces of a state 
     in the exercise of their official duties.''; and
       (f) in subsection (g), as redesignated--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (3) by inserting after paragraph (7), the following:
       ``(8) the term `armed conflict' has the meaning given the 
     term in section 2332f(e)(11);
       ``(9) the term `military forces of a state' means the armed 
     forces of a country that are organized, trained and equipped 
     under its internal law for the primary purpose of national 
     defense or security and persons acting in support of those 
     armed forces who are under their formal command, control and 
     responsibility;
       ``(10) the term `state' has the meaning given the term 
     under international law, and includes all political 
     subdivisions of the state;
       ``(11) the term `state or government facility' has the 
     meaning given the term in section 2332f(e)(3); and
       ``(12) the term `vessel of the United States' has the 
     meaning given the term in section 70502 of title 46.''.

     SEC. __23. ANCILLARY MEASURES.

       (a) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of 
     title 18, United States Code, is amended by inserting ``2332i 
     (relating to acts of nuclear terrorism),'' before ``2339 
     (relating to harboring terrorists),''.
       (b) Providing Material Support to Terrorists Predicate.--
     Section 2339A(a) of title 18, United States Code, is amended 
     by inserting ``2332i,'' before ``2340A,''.
       (c) Wiretap Predicates.--Section 2516(1)(q) of title 18, 
     United States Code, is amended by inserting ``, 2332i,'' 
     after ``2332h''.
                                 ______
                                 
  SA 2991. Mr. HOEVEN (for himself, Mr. Tester, and Mr. Hatch) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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. 1084. SENSE OF SENATE ON THE MAINTENANCE BY THE UNITED 
                   STATES OF A TRIAD OF STRATEGIC NUCLEAR DELIVERY 
                   SYSTEMS.

       (a) Findings.--The Senate finds the following:
       (1) The April 2010 Nuclear Posture Review concluded that 
     even with the reductions specified in the New START Treaty, 
     the United States should retain a nuclear ``Triad'' of land-
     based intercontinental ballistic missiles, submarine-launched 
     ballistic missiles and nuclear capable heavy bombers, noting 
     that ``[r]etaining all three Triad legs will best maintain 
     strategic stability at reasonable cost, while hedging against 
     potential technical problems or vulnerabilities''.
       (2) The resolution of ratification for the New START 
     Treaty, which the Senate approved on December 22, 2010, 
     stated that ``it is the sense of the Senate that United 
     States deterrence and flexibility is assured by a robust 
     triad of strategic delivery vehicles. To this end, the United 
     States is committed to accomplishing the modernization and 
     replacement of its strategic nuclear delivery vehicles, and 
     to ensuring the continued flexibility of United States 
     conventional and nuclear delivery systems''.
       (3) In a message to the Senate on February 2, 2011, 
     President Obama certified that he intended to ``modernize or 
     replace the triad of strategic nuclear delivery systems: a 
     heavy bomber and air-launched cruise missile, an ICBM, and a 
     nuclear-powered ballistic missile submarine (SSBN) and SLBM'' 
     and to ``maintain the United States rocket motor industrial 
     base''.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States should maintain a triad of strategic 
     nuclear delivery systems; and

[[Page S6970]]

       (2) the United States is committed to modernizing the 
     component weapons and delivery systems of that triad.
                                 ______
                                 
  SA 2992. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1074. MAINTENANCE OF ICBM LAUNCH FACILITY INVENTORY.

       Consistent with the treaty obligations of the United 
     States, the Secretary of Defense shall maintain an inventory 
     of 450 operational intercontinental ballistic missile launch 
     facilities whether in deployed or non-deployed status.
                                 ______
                                 
  SA 2993. Mrs. GILLIBRAND (for herself, Mr. Lieberman, Mr. Blumenthal, 
Mr. Kerry, Mr. Brown of Massachusetts, Mr. Begich, and Mr. Menendez) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 704. CERTAIN TREATMENT OF AUTISM UNDER THE TRICARE 
                   PROGRAM.

       (a) In General.--Section 1077 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(g)(1) In providing health care under subsection (a) to a 
     covered beneficiary described in paragraph (3)(A), the 
     treatment of autism spectrum disorders shall include 
     behavioral health treatment, including applied behavior 
     analysis, when prescribed by a physician.
       ``(2) In carrying out this subsection, the Secretary shall 
     ensure that--
       ``(A) except as provided by subparagraph (B), a person who 
     is authorized to provide behavioral health treatment is 
     licensed or certified by a State or accredited national 
     certification board; and
       ``(B) if applied behavior analysis or other behavioral 
     health treatment is provided by an employee or contractor of 
     a person described in subparagraph (A), the employee or 
     contractor shall meet minimum qualifications, training, and 
     supervision requirements as set forth by the Secretary who 
     shall ensure that covered beneficiaries have appropriate 
     access to care in accordance with best practice guidelines.
       ``(3)(A) A covered beneficiary described in this 
     subparagraph is a covered beneficiary who is a beneficiary by 
     virtue of--
       ``(i) service in the armed forces (not including the Coast 
     Guard);
       ``(ii) current service on active duty in the Coast Guard, 
     or those members of the Coast Guard Reserve who are enrolled 
     in the TRICARE program;
       ``(iii) current service on active duty in the Commissioned 
     Corps of the National Oceanic and Atmospheric Administration 
     or the Commissioned Corps of the Public Health Service; or
       ``(iv) being a dependent of a member covered by clause (i) 
     or of a member of a service covered by clause (ii) or (iii).
       ``(B) Nothing in this subsection shall be construed as 
     limiting or otherwise affecting the benefits otherwise 
     provided under this chapter to a covered beneficiary who is a 
     beneficiary by virtue of--
       ``(i) service in the Coast Guard, the Commissioned Corp of 
     the National Oceanic and Atmospheric Administration, or the 
     Commissioned Corp of the Public Health Service; or
       ``(ii) being a dependent of a member of a service described 
     in clause (i).
       ``(C) This subsection shall not apply to a medicare-
     eligible beneficiary (as defined in section 1111(b) of this 
     title).
       ``(D) Except as provided in subparagraph (C), nothing in 
     this subsection shall be construed as limiting or otherwise 
     affecting the benefits provided to a medicare-eligible 
     beneficiary under--
       ``(i) this chapter;
       ``(ii) part A of title XVIII of the Social Security Act (42 
     U.S.C. 1395c et seq.); or
       ``(iii) any other law.''.
       (b) Funding.--
       (1) Increase.--The amount authorized to be appropriated for 
     fiscal year 2013 by section 1406 and available for the 
     Defense Health Program for Private Sector Care as specified 
     in the funding table in section 4501 is hereby increased by 
     $30,000,000, with the amount of the increase to be available 
     for the provision of care in accordance with subsection (g) 
     of section 1077 of title 10, United States Code (as added by 
     subsection (a) of this section).
       (2) Offset.--The amount authorized to be appropriated for 
     fiscal year 2013 by section 301 for Operation and Maintenance 
     and available as specified in the funding table in section 
     4301 is hereby reduced by $30,000,000.
                                 ______
                                 
  SA 2994. Mr. CASEY (for himself and Mr. Begich) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 F of title X, add the following:

     SEC. 1064. REPORT ON PROGRAM ON RETURN OF RARE EARTH 
                   PHOSPHORS FROM DEPARTMENT OF DEFENSE 
                   FLUORESCENT LIGHTING WASTE TO THE DOMESTIC RARE 
                   EARTH SUPPLY CHAIN.

       (a) Findings.--Congress makes the following findings:
       (1) In its December 2011 report entitled ``Critical 
     Materials Strategy'', the Department of Energy states that 
     the heavy rare earth phosphors, dysprosium, europium, 
     terbium, and yttrium, are particularly important given their 
     relative scarcity and their importance to clean energy, 
     energy efficiency, hybrid and electric vehicles, and advanced 
     defense systems, among other key technologies.
       (2) While new sources of production of rare earth elements 
     show promise, these are focused primarily on the light rare 
     earth elements.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the recycling of end-use technologies that use rare 
     earth elements can provide near-term opportunities to 
     recapture, reprocess, and reuse some of the rare earth 
     elements contained in them;
       (2) fluorescent lighting materials could prove to be a 
     promising recyclable source of heavy rare earth elements;
       (3) a cost-benefit analysis would be helpful in determining 
     the viability of a Department of Defense program to recycle 
     fluorescent lighting waste in order to increase its supplies 
     of heavy rare earth elements; and
       (4) the recycling of heavy rare earth elements may be one 
     component of a long term strategic plan to address the global 
     demand for such elements, without which such elements could 
     be unnecessarily lost.
       (c) Report Required.--
       (1) In general.--Not later than March 1, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report on the results of a cost-benefit 
     analysis on, and on recommendations concerning, the 
     feasibility and advisability of establishing a program within 
     the Department of Defense to--
       (A) recapture fluorescent lighting waste; and
       (B) make such waste available to entities that have the 
     ability to extract rare earth phosphors, reprocess and 
     separate them in an environmentally safe manner, and return 
     them to the domestic rare earth supply chain.
       (2) Elements.--The report required by paragraph (1) shall 
     include analysis of measures that could be taken to--
       (A) provide for the disposal and mitigation of residual 
     mercury and other hazardous byproducts to be produced by the 
     recycling process; and
       (B) address concerns regarding the potential export of 
     heavy rare earth materials obtained from United States 
     Government sources to non-allied nations.
                                 ______
                                 
  SA 2995. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1048. ENHANCEMENT OF AUTHORITIES ON ADMISSION OF DEFENSE 
                   INDUSTRY CIVILIANS TO CERTAIN DEPARTMENT OF 
                   DEFENSE EDUCATIONAL INSTITUTIONS AND PROGRAMS.

       (a) Navy Defense Product Development Program.--Section 
     7049(a) of title 10, United States Code, is amended--
       (1) in the second sentence, by inserting ``or professional 
     continuing education certificate'' after ``master's degree'';
       (2) in the third sentence, by striking ``125 such defense 
     industry employees'' and inserting ``250 such defense 
     industry employees''; and
       (3) in the last sentence, by inserting before the period at 
     the end the following: ``or an appropriate professional 
     continuing education certificate, as applicable''.
       (b) United States Air Force Institute of Technology.--
     Section 9314a(a) of such title is amended--
       (1) in paragraph (1), by inserting ``or professional 
     continuing education certificate'' after ``graduate degree'';
       (2) in paragraph (2), by striking ``125 defense industry 
     employees'' and inserting ``250 defense industry employees''; 
     and

[[Page S6971]]

       (3) in paragraph (3), by inserting before the period at the 
     end the following: ``or an appropriate professional 
     continuing education certificate, as applicable''.
                                 ______
                                 
  SA 2996. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 590, strike line 11 and all that follows 
     through page 595, line 7, and insert the following:

     SEC. 3501. SHORT TITLE.

       This title may be cited as the ``Maritime Administration 
     Authorization Act for Fiscal Year 2013''.

     SEC. 3502. CONTAINER-ON-BARGE TRANSPORTATION.

       (a) Assessment.--The Administrator of the Maritime 
     Administration shall assess the potential for using 
     container-on-barge transportation in short sea transportation 
     (as such term is defined in section 55605 of title 46, United 
     States Code).
       (b) Factors.--In conducting the assessment under subsection 
     (a), the Administrator shall consider--
       (1) the environmental benefits of increasing container-on-
     barge movements in short sea transportation;
       (2) the regional differences in the use of short sea 
     transportation;
       (3) the existing programs established at coastal and Great 
     Lakes ports for establishing awareness of deep sea shipping 
     operations;
       (4) the mechanisms necessary to ensure that implementation 
     of a plan under subsection (c) will not be inconsistent with 
     antitrust laws; and
       (5) the potential frequency of container-on-barge service 
     at short sea transportation ports.
       (c) Recommendations.--The assessment under subsection (a) 
     may include recommendations for a plan to increase awareness 
     of the potential for use of container-on-barge 
     transportation.
       (d) Deadline.--Not later than 180 days after the date of 
     enactment of this title, the Administrator shall submit the 
     assessment required under this section to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives.

     SEC. 3503. SHORT SEA TRANSPORTATION.

       (a) Purpose.--Section 55601 of title 46, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``landside congestion.'' 
     and inserting ``landside congestion or to promote short sea 
     transportation.'';
       (2) in subsection (c), by striking ``coastal corridors'' 
     and inserting ``coastal corridors or to promote short sea 
     transportation'';
       (3) in subsection (d), by striking ``that the project may'' 
     and all that follows through the end of the subsection and 
     inserting ``that the project uses documented vessels and--
       ``(1) mitigates landside congestion; or
       ``(2) promotes short sea transportation.''; and
       (4) in subsection (f), by striking ``shall'' each place it 
     appears and inserting ``may''.
       (b) Documentation.--Section 55605 of title 46, United 
     States Code, is amended in the matter preceding paragraph (1) 
     by striking ``by vessel'' and inserting ``by a documented 
     vessel''.

     SEC. 3504. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.

       (a) In General.--Chapter 503 of title 46, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 50307. Maritime environmental and technical assistance

       ``(a) In General.--The Secretary of Transportation may 
     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) Requirements.--The Secretary of Transportation may--
       ``(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) coordinate with the Environmental Protection Agency, 
     the United States Coast Guard, and other Federal, State, 
     local, or tribal agencies, as appropriate.
       ``(c) Coordination.--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) Assistance.--The Secretary of Transportation may 
     accept gifts, or enter into cooperative agreements, 
     contracts, or other agreements with academic, public, 
     private, and non-governmental entities to carry out the 
     activities authorized under subsection (a).''.
       (b) Conforming Amendment.--The table of contents for 
     chapter 503 of title 46, United States Code, is amended by 
     inserting after the item relating to section 50306 the 
     following:

``50307. Maritime environmental and technical assistance.''.

     SEC. 3505. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED 
                   UNITED STATES FLAG CAPACITY TO MEET NATIONAL 
                   DEFENSE REQUIREMENTS.

       Section 501(b) of title 46, United States Code, is 
     amended--
       (1) by striking ``When the head'' and inserting the 
     following:
       ``(1) In general.--When the head''; and
       (2) by adding at the end the following:
       ``(2) Determinations.--The Maritime Administrator shall--
       ``(A) for each determination referred to in paragraph (1), 
     identify any actions that could be taken to enable qualified 
     United States flag capacity to meet national defense 
     requirements;
       ``(B) provide notice of each such determination to the 
     Secretary of Transportation and the head of the agency 
     referred to in paragraph (1) for which the determination is 
     made; and
       ``(C) publish each such determination on the Internet Web 
     site of the Department of Transportation not later than 48 
     hours after notice of the determination is provided to the 
     Secretary of Transportation.
       ``(3) Notice to congress.--
       ``(A) In general.--The head of an agency referred to in 
     paragraph (1) shall notify the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate--
       ``(i) of any request for a waiver of the navigation or 
     vessel-inspection laws under this section not later than 48 
     hours after receiving such a request; and
       ``(ii) of the issuance of any such waiver not later than 48 
     hours after such issuance.
       ``(B) Contents.--Such head of an agency shall include in 
     each notification under subparagraph (A)(ii) an explanation 
     of--
       ``(i) the reasons the waiver is necessary; and
       ``(ii) the reasons actions referred to in paragraph (2)(A) 
     are not feasible.''.

     SEC. 3506. 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 maritime 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 United States maritime 
     training infrastructure to meet the needs of the maritime 
     industry;
       (3) identify trends in maritime training;
       (4) compare the training needs of United States 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 
     United States mariners;
       (5) include recommendations to enhance the capabilities of 
     the United States maritime training infrastructure; and
       (6) include recommendations to assist United States 
     mariners and those entering the maritime profession to 
     achieve the required training.
       (c) Final Report.--Not later than 1 year after the date of 
     enactment of this title, 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. 3507. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT 
                   AWARD PRACTICES.

       (a) In General.--Not later than 12 months after the date of 
     enactment of this title, the Comptroller General of the 
     Government Accountability Office 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 Comptroller General 
     shall assess the process, procedures, and practices used for 
     the Maritime Administration's qualification of vessel 
     recycling facilities. The Comptroller 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 Comptroller

[[Page S6972]]

     General may consider any other aspect of the Maritime 
     Administration's vessel recycling process that the 
     Comptroller General deems appropriate to review.

     SEC. 3508. REQUIREMENT FOR BARGE DESIGN.

       Not later than 270 days after the date of enactment of this 
     title, the Administrator of the Maritime Administration shall 
     complete the design for a containerized, articulated barge, 
     as identified in the dual-use vessel study carried out by the 
     Administrator and the Secretary of Defense, that is able to 
     utilize roll-on/roll-off or load-on/load-off technology in 
     marine highway maritime commerce.

     SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.

       Section 51103(b)(2)(C) of title 46, United States Code, is 
     amended by inserting ``or a training institution that is an 
     instrumentality of a State, Territory, or Commonwealth of the 
     United States or District of Columbia or a unit of local 
     government thereof'' after ``a non-profit training 
     institution''.
                                 ______
                                 
  SA 2997. Mr. CASEY (for himself and Mr. Blumenthal) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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. 1048. TRANSITION ASSISTANCE ADVISOR PROGRAM.

       (a) Program Authorized.--
       (1) In general.--Chapter 58 of title 10, United States 
     Code, is amended by inserting after section 1144 the 
     following new section:

     ``Sec. 1144A. Transition Assistance Advisors

       ``(a) In General.--The Secretary of Defense shall establish 
     as part of the Transition Assistance Program (TAP) a 
     Transition Assistance Advisor (TAA) program to provide 
     professionals in each State to serve as statewide points of 
     contact to assist members of the armed forces in accessing 
     benefits and health care furnished under laws administered by 
     the Secretary of Defense and benefits and health care 
     furnished under laws administered by the Secretary of 
     Veterans Affairs.
       ``(b) Number of Advisors.--The Secretary of Defense shall 
     ensure that the minimum number of Transition Assistance 
     Advisors in each State is as follows:
       ``(1) During the period beginning 180 days before the 
     commencement of a contingency operation (or, if later, as 
     soon before as is otherwise practicable) and ending 180 days 
     after the conclusion of such contingency operation--
       ``(A) in the case of a State with fewer than 1,500 members 
     of the Army National Guard of the United States and the Air 
     National Guard of the United States residing in the State, 
     not less than one Transition Assistance Advisor; and
       ``(B) in the case of a State with 1,500 or more members of 
     the Army National Guard of the United States and the Air 
     National Guard of the United States who reside in such State, 
     not less than one Transition Assistance Advisor for each 
     1,500 members of the Army National Guard of the United States 
     and the Air National Guard of the United States who reside in 
     such State.
       ``(2) At any time not covered by paragraph (1)--
       ``(A) in the case of a State with fewer than 5,000 members 
     of the Army National Guard of the United States and the Air 
     National Guard of the United States residing in the State, 
     not less than one Transition Assistance Advisor; and
       ``(B) in the case of a State with 5,000 or more members of 
     the Army National Guard of the United States and the Air 
     National Guard of the United States who reside in such State, 
     not less than one Transition Assistance Advisor for each 
     1,500 members of the Army National Guard of the United States 
     and the Air National Guard of the United States who reside in 
     such State.
       ``(c) Duties.--The duties of a Transition Assistance 
     Advisor includes the following:
       ``(1) To assist with the creation and execution of 
     individual transition plans for members of the National Guard 
     described in subsection (d)(2) and their families for the 
     reintegration of such members into civilian life.
       ``(2) To provide employment support services to members of 
     the National Guard and their families, including assistance 
     with discovering employment opportunities and identifying and 
     obtaining assistance from programs within and outside of the 
     Federal Government.
       ``(3) Provide information on relocation, health care, 
     mental health care, and financial support services available 
     to members of the National Guard or their families from the 
     Department of Defense, the Department of Veterans Affairs, 
     and other Federal, State, and local agencies.
       ``(4) Provide information on educational support services 
     available to members of the National Guard, including Post-9/
     11 Educational Assistance under chapter 33 of title 38.
       ``(d) Transition Plans.--(1) Each individual plan created 
     under subsection (c)(1) for a member of the National Guard 
     described in paragraph (2) shall include the following:
       ``(A) A plan for the transition of the member to life in 
     the civilian world, including with respect to employment, 
     education, and health care.
       ``(B) A description of the transition services that the 
     member and the member's family will need to achieve their 
     transition objectives, including information on any forms 
     that such member will need to fill out to be eligible for 
     such services.
       ``(C) A point of contact for each agency or entity that can 
     provide the transition services described in subparagraph 
     (B).
       ``(2) A member of the National Guard described in this 
     paragraph is any member of the National Guard who has served 
     on active duty in the armed forces for a period of more than 
     180 days.
       ``(e) State Defined.--In this section, the term `State' 
     means each of the several States of the United States, the 
     District of Columbia, and any territory of the United States.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     section--
       ``(1) $10,000,000 for fiscal year 2013; and
       ``(2) such sums as may be necessary for each fiscal year 
     thereafter.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 58 of such title is amended by inserting 
     after the item relating to section 1144 the following new 
     item:

``1144A. Transition Assistance Advisors.''.
       (b) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report setting forth a description of the 
     efforts of the Secretary to implement the requirements of 
     section 1144A of title 10, United States Code, as added by 
     subsection (a)(1).
                                 ______
                                 
  SA 2998. Ms. AYOTTE (for herself, Mr. Inhofe, and Mr. Chambliss) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE TRANSFER OR 
                   RELEASE OF INDIVIDUALS FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       None of the funds authorized to be appropriated by this Act 
     for fiscal year 2013 may be used to transfer, release, or 
     assist in the transfer or release to or within the United 
     States, its territories, or possessions of Khalid Sheikh 
     Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
                                 ______
                                 
  SA 2999. Ms. AYOTTE (for herself, Mr. Lieberman, Mr. Inhofe, and Mr. 
Chambliss) submitted an amendment intended to be proposed by her to the 
bill S. 3254, to authorize appropriations for fiscal year 2013 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. PLAN FOR LONG-TERM DETENTION FACILITY OUTSIDE THE 
                   UNITED STATES FOR DETENTION OF INDIVIDUALS 
                   DETAINED IN THE GLOBAL WAR ON TERRORISM.

       (a) Plan Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense and 
     the Director of National Intelligence shall jointly submit to 
     the appropriate committees of Congress a plan for the 
     identification or establishment of a facility outside the 
     United States as the location for the long-term detention by 
     the United States, consistent with the laws of war, of 
     foreign members of al Qaeda and associated forces who are 
     captured outside Afghanistan. The location of the long-term 
     detention shall be identified or established by not later 
     than 180 days after the date of the enactment of this Act.
       (b) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

[[Page S6973]]

                                 ______
                                 
  SA 3000. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VIII, add the following:

     SEC. 888. ASSESSMENT OF EFFECTS OF FOREIGN BOYCOTTS ON 
                   INDUSTRIAL BASE.

       Section 2505 of title 10, United States Code, is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Assessment of Extent of Effects of Foreign 
     Boycotts.--Each assessment under subsection (a) shall include 
     a separate discussion and presentation regarding the extent 
     to which the national technology and industrial base is 
     affected by foreign boycotts. The discussion and presentation 
     regarding foreign boycotts shall--
       ``(1) identify sectors of the national technology and 
     industrial base being affected by foreign boycotts;
       ``(2) assess the harm to the national technology and 
     industrial base as a result of such boycotts; and
       ``(3) identify actions necessary to minimize the effects of 
     foreign boycotts on the national technology and industrial 
     base.''.
                                 ______
                                 
  SA 3001. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 550, beginning on line 15, strike ``; and'' and all 
     that follows through line 16 and insert the following: ``;
       (2) by inserting ``or fiscal year 2013'' after ``fiscal 
     year 2012''; and
       (3) by inserting before the period at the end the
                                 ______
                                 
  SA 3002. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 XXVIII, add the 
     following:

     SEC. 2824. PROHIBITION ON USE OF FUNDS FOR IMPLEMENTATION OF 
                   CERTAIN GREEN BUILDING STANDARDS.

       No funds authorized to be appropriated by this Act or 
     otherwise made available for the Department of Defense for 
     fiscal year 2013 may be obligated or expended to implement or 
     use green building rating standards unless the standards--
       (1)(A) are developed in accordance with rules accredited by 
     the American National Standards Institute; and
       (B) are approved as American National Standards; or
       (2) incorporate and document the use of lifecycle 
     assessment in the evaluation of building materials.
                                 ______
                                 
  SA 3003. Ms. AYOTTE (for herself, Mr. Lieberman, and Ms. Collins) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 238. MISSILE DEFENSE SITE ON THE EAST COAST OF THE 
                   UNITED STATES.

       (a) Consideration of Location.--
       (1) Study.--Not later than December 31, 2013, the Secretary 
     of Defense shall conduct a study evaluating three possible 
     locations selected by the Director of the Missile Defense 
     Agency for a covered missile defense site on the East Coast 
     of the United States.
       (2) EIS.--The Secretary shall prepare an environmental 
     impact statement in accordance with the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     each location evaluated under paragraph (1).
       (3) Location.--In selecting the three possible locations 
     for a covered missile defense site under paragraph (1), the 
     Secretary should--
       (A) take into consideration--
       (i) the strategic location of the proposed site; and
       (ii) the proximity of the proposed site to major population 
     centers; and
       (B) give priority to a proposed site that--
       (i) is operated or supported by the Department of Defense;
       (ii) lacks encroachment issues; and
       (iii) has a controlled airspace.
       (b) Plan.--
       (1) In general.--The Director of the Missile Defense Agency 
     shall develop a plan to deploy an appropriate missile defense 
     interceptor for a missile defense site on the East Coast.
       (2) Matters included.--In developing the plan under 
     paragraph (1), the Director--
       (A) shall evaluate the use of--
       (i) two-stage or three-stage Ground-Based Interceptors 
     (GBIs);
       (ii) Standard Missile-3 interceptors, including block IA, 
     block IB, and for a later deployment, block IIA or block IIB 
     interceptors; and
       (iii) any other system the Director determines to be better 
     suited to defend against future long-range missile threats;
       (B) should consider both land and sea-based options; and
       (C) shall develop cost estimates for each option 
     considered.
       (3) Submittal.--The plan shall be submitted to Congress 
     together with the budget of the President for fiscal year 
     2014, as submitted to Congress under section 1105(a) of title 
     31, United States Code.
       (c) Covered Missile Defense Site Defined.--In this section, 
     the term ``covered missile defense site'' means a missile 
     defense site that uses--
       (1) Ground-Based Interceptors;
       (2) Standard Missile-3 interceptors; or
       (3) any other system the Director of the Missile Defense 
     Agency determines to be better suited to defend against 
     future long-range missile threats.
                                 ______
                                 
  SA 3004. Ms. AYOTTE (for herself, Mr. Chambliss, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. REQUIRED NOTIFICATION OF CONGRESS WITH RESPECT TO 
                   THE INITIAL CUSTODY AND FURTHER DISPOSITION OF 
                   MEMBERS AL-QAEDA AND ASSOCIATED FORCES.

       (a) Required Notification With Respect to Initial 
     Custody.--
       (1) In general.--When a covered person, as defined in 
     section 1022(a)(2) of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 10 U.S.C. 801 note), 
     is taken into the custody of the United States Government, 
     the Secretary of Defense and the Director of National 
     Intelligence shall notify the specified congressional 
     committees, as defined in subsection (c), within 10 days.
       (2) Reporting requirement.--The notification submitted 
     pursuant to paragraph (1) shall include, at a minimum, the 
     suspect's name, nationality, date of capture or transfer to 
     the United States, location of capture, places of custody 
     since capture or transfer, suspected terrorist affiliation 
     and activities, and agency responsible for interrogation.
       (b) Required Notification With Respect to Further 
     Disposition.--
       (1) In general.--Not later than 10 days after the United 
     States Government makes a determination regarding the 
     intended disposition of a covered person under section 
     1021(c) of the National Defense Authorization Act for Fiscal 
     Year 2012 (10 U.S.C. 801 note), the Secretary of Defense and 
     the Director of National Intelligence shall notify and inform 
     the specified congressional committees of the intended 
     disposition of the covered person.
       (2) Reporting requirement.--The notification submitted 
     pursuant to paragraph (1) shall include the relevant facts, 
     justification, and rationale that serves as the basis for the 
     disposition option chosen.
       (c) Specified Congressional Committees.--In this section, 
     the term ``specified congressional committees'' means--
       (1) the Committee on Armed Services of the Senate;
       (2) the Committee on Armed Services of the House of 
     Representatives;
       (3) the Select Committee on Intelligence of the Senate; and
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (d) Effective Date.--This section shall take effect 60 days 
     after the date of the enactment of this Act, and shall apply 
     with respect to persons described in section 1022(a)(2) of 
     the National Defense Authorization Act for Fiscal Year 2012 
     who are taken into the custody or brought under the control 
     of the United States on or after that date.
                                 ______
                                 
  SA 3005. Ms. AYOTTE (for herself, Mr. Chambliss, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year

[[Page S6974]]

2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. PROHIBITION ON USE OF FUNDS TO PURCHASE FACILITIES 
                   IN THE UNITED STATES TO HOUSE DETAINEES 
                   TRANSFERRED FROM UNITED STATES NAVAL STATION, 
                   GUANTANAMO BAY, CUBA.

       (a) Prohibition.--Subsection (a) of section 1026 of the 
     National Defense Authorization Act for Fiscal Year 2012, as 
     amended by section 1031(a) of this Act, is further amended by 
     striking ``or modify'' and inserting ``, modify, or 
     purchase''.
       (b) Funds Covered by Prohibition.--Such subsection is 
     further amended by striking ``to the Department of Defense''.
       (c) Conforming Amendment.--The heading of such section 1026 
     is amended by striking ``OR MODIFY'' and inserting ``, 
     MODIFY, OR PURCHASE''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 3006. Ms. SNOWE (for herself, and Mr. Begich,) submitted an 
amendment intended to be proposed by her to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 542, strike line 3 and all that follows 
     through page 543, line 2, and insert the following:

     SEC. 2704. LIMITATIONS ON BASE CLOSURE AND REALIGNMENT 
                   ACTIVITIES AND CRITERIA FOR CERTAIN DECISIONS 
                   INVOLVING SUCH ACTIVITIES.

       (a) Findings.--Congress makes the following findings:
       (1) In 2012, the Department of Defense requested additional 
     rounds of defense base closure and realignment in 2013 and 
     2015.
       (2) There have been five rounds of defense base closure and 
     realignment (BRAC) in the last 25 years (1988, 1991, 1993, 
     1995, and 2005).
       (3) Congress has not approved additional rounds of base 
     closure and realignment to occur after 2005, and recognizes 
     that the 2005 round incurred substantial costs that will not 
     be offset by savings for nearly two decades.
       (4) According to the Government Accountability Office, 
     implementation of the 2005 round of defense base closure and 
     realignment cost $35,100,000,000, or approximately 
     $14,100,000,000 more than was estimated by the 2005 Base 
     Closure and Realignment Commission.
       (5) Furthermore, the Government Accountability Office has 
     determined that the 2005 round of defense base closure and 
     realignment will take 17 years before taxpayers realize net 
     savings from the round.
       (6) On March 8, 2012, defending the President's request for 
     additional rounds of defense base closure and realignment in 
     testimony before the Committee on Armed Services of the House 
     of Representatives, Dr. Dorothy Robyn, Deputy Undersecretary 
     of Defense for Installations and Environment, asserted that 
     the Department of Defense would close military installations 
     using non-BRAC authorities, stating that ``if Congress does 
     not authorize additional BRAC rounds the department will be 
     forced to use its existing authorities to begin to realign 
     and close bases''.
       (7) The Department of Defense may close or realign bases 
     only if a round of defense base closure and realignment is 
     carried out in compliance with sections 2687 and 993 of title 
     10, United States Code.
       (8) Section 2687 of title 10, United States Code, contains 
     ambiguous language, leading the Department of Defense to 
     pursue significant closures and realignments without 
     congressional approval or an authorization for a round of 
     defense base closure and realignment.
       (9) Sections 2687 and 993 of title 10, United States Code, 
     contain single action limits on reductions that are too 
     easily circumvented by cumulative actions.
       (10) As demonstrated by BRAC and other closure and 
     realignment actions, base closures and realignments can have 
     significant effects on Department of Defense functions, 
     current and future operational capabilities, and on host 
     communities and States.
       (11) Recommendations for closures and realignments should 
     be carried out only with the consent of Congress, which has 
     the constitutional responsibility to ``raise and support 
     Armies,'' ``provide and maintain a Navy,'' ``make Rules for 
     the Government and Regulation of the land and naval Forces,'' 
     and ``provide for organizing, arming, and disciplining, the 
     Militia, and for governing such Part of them as may be 
     employed in the Service of the United States''.
       (b) Limitations on Base Closure and Realignment 
     Activities.--Section 2687 of title 10, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``at which at least 300 
     civilian personnel are authorized to be employed'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) any realignment with respect to any military 
     installation involving a reduction in the number of military 
     and civilian personnel authorized to be employed at such 
     military installation at the time the Secretary of Defense 
     notifies Congress under subsection (b) of the Secretary's 
     proposal to close or realign such installation by more than 
     the lesser of--
       ``(A) 100; or
       ``(B) 50 percent of the highest number of military and 
     civilian personnel assigned to such installation during any 
     of the previous 4 years; or''; and
       (C) in paragraph (3)--
       (i) by striking ``other than a military installation 
     referred to in clause (1) or (2)'';
       (ii) by inserting ``military or'' before ``civilian 
     personnel''; and
       (iii) by striking ``to which clause (1) or (2)'' and 
     inserting ``to which paragraph (1) or (2)''; and
       (2) in subsection (b)--
       (A) by striking ``referred to in such subsection'';
       (B) in paragraph (1)--
       (i) by striking ``or the Secretary of the military 
     department concerned'';
       (ii) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (D), respectively;
       (iii) by inserting before subparagraph (B), as redesignated 
     by clause (ii), the following new subparagraph:
       ``(A) a justification for the proposed action;'';
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``; and'' and inserting a semicolon;
       (v) by inserting after subparagraph (B), as so 
     redesignated, the following new subparagraph:
       ``(C) a description of the alternatives considered;'';
       (vi) in clause (ii) of subparagraph (D), as so 
     redesignated, by striking ``; and'' and inserting a 
     semicolon; and
       (vii) by inserting after subparagraph (D), as so 
     redesignated, the following new subparagraphs:
       ``(E) an estimate of the number of military, civilian, and 
     contractor personnel affected by the proposed action; and
       ``(F) a plan to provide support for affected communities; 
     and''; and
       (C) by amending paragraph (2) to read as follows:
       ``(2) Congress has enacted legislation expressly 
     authorizing the action.'';
       (3) in subsection (c)--
       (A) by striking ``shall not apply to the closure'' and 
     inserting the following: ``shall not apply--
       ``(1) to the closure'';
       (B) by striking ``or a military emergency.'' and inserting 
     ``or a military emergency; or''; and
       (C) by adding at the end the following new paragraph:
       ``(2) to the relocation from a military installation of 
     personnel or functions that are required to support the 
     deployment of members of the armed forces, provided that such 
     personnel and functions are returned to the military 
     installation after the deployment.'';
       (4) in subsection (d), by striking ``(1) After the 
     expiration'' and all that follows through ``(2) Nothing in 
     this section'' and inserting ``Nothing in this section'';
       (5) in subsection (e)--
       (A) in paragraph (1), by inserting ``and any public land 
     under Bureau of Land Management control that is withdrawn and 
     reserved for military training and testing'' after 
     ``including any leased facility'';
       (B) by amending paragraph (3) to read as follows:
       ``(3) The term `realignment' includes any action or 
     combination of actions within a 4-year period that reduces or 
     relocates functions and military or civilian personnel 
     positions, but does not include a reduction in force 
     resulting from a reduction in military end strength levels or 
     a reduction in total civilian personnel levels.'';
       (C) by striking paragraph (4); and
       (D) by adding at the end the following new paragraph:
       ``(4) The term `closure' includes any action or combination 
     of actions that results in the elimination of all active 
     functions at a military installation, the elimination of all 
     military and civilian personnel positions at a military 
     installation, or the placement of a military installation 
     into non-active status.''; and
       (6) by adding at the end the following new subsections:
       ``(g) For purposes of this section, the component bases of 
     a joint base shall be considered as independent military 
     installations, and not collectively as a single military 
     installation.
       ``(h) For purposes of this section, any leased space in 
     which more than 300 combined military and civilian personnel 
     are housed shall be considered to be an independent military 
     installation, and shall not be considered part of a larger 
     military installation. Functions and personnel located at a 
     leased space may be transferred to another leased space 
     located within 50 miles or to the nearest military 
     installation located within 50 miles notwithstanding any 
     limitations in this section.''.
       (c) Criteria.--Not later than March 31, 2013, the 
     Comptroller General of the United

[[Page S6975]]

     States shall submit to the congressional defense committees a 
     report including objective criteria to be used by the 
     Department of Defense to make decisions relating to 
     realignments of units employed at military installations that 
     are not covered by the requirements of section 2687 of title 
     10, United States Code, and closures of military 
     installations that are not covered by such requirements.
       (d) One-Year Moratorium on Certain Actions Resulting in 
     Personnel Reductions.--
       (1) In general.--Except as provided in paragraph (2), no 
     action may be taken before October 1, 2013, that would result 
     in a military installation covered under paragraph (1) of 
     section 2687(a) of title 10, United States Code, to no longer 
     be covered by such paragraph.
       (2) National security waiver.--The Secretary of Defense may 
     waive the prohibition under paragraph (1) if the Secretary 
     certifies to the congressional defense committees that is in 
     the national security interests of the United States.
       (e) Rule of Construction.--Nothing in this Act or the 
     amendments made by this Act may be construed to authorize a 
     round of defense base closure and realignment.
       (f) Prohibition on Use of Funds.--None of the amounts 
     authorized to be appropriated by this Act may be obligated or 
     expended to consider a round of defense base closure and 
     realignment.
                                 ______
                                 
  SA 3007. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1084. SENSE OF THE SENATE ON NEGOTIATING CONCESSIONS 
                   WITH TERRORISTS.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States has a longstanding policy of opposing 
     negotiations with terrorists and terrorist organizations on 
     concessions of any kind, including ransom demands, prisoner 
     releases, and hostage exchanges. This longstanding policy has 
     been repeated by numerous administrations over the past four 
     decades.
       (2) For example, at an August 4, 1975, meeting between 
     President Gerald Ford and Secretary of State Henry Kissinger 
     and President of Yugoslavia Josip Tito, Secretary Kissinger 
     explained that the United States' ``position is, as it has 
     always been, that we refuse to negotiate and to pay ransom in 
     these cases. We do this in order not to encourage the capture 
     of other Americans for the same purpose.''
       (3) In his comments to President Tito, Secretary Kissinger 
     explained the basis for the United States' policy, as well as 
     his expectation that the United States would never change 
     this no-negotiation policy: ``The American Government will 
     always refuse to negotiate because that is the only way we 
     can keep demands from being made upon us.''
       (4) In the same conversation, President Ford said, ``It's 
     our strong feeling that if we were to breach this hard line 
     that we take there would be no end to the demands being made 
     upon us. We have to be tough and that is right in the long 
     run.''
       (5) On January 20, 1986, President Ronald Reagan issued 
     National Security Decision Directive Number 207, which 
     prohibits negotiations with terrorist organizations regarding 
     the release of hostages.
       (6) National Security Decision Directive 207 sets forth in 
     unequivocal terms the United States' ``firm opposition to 
     terrorism in all its forms'' and makes clear the government's 
     ``conviction that to accede to terrorist demands places more 
     American citizens at risk. This no-concessions policy is the 
     best way of protecting the greatest number of people and 
     ensuring their safety.''
       (7) National Security Decision Directive 207 continues to 
     say: ``The [United States Government] will pay no ransoms, 
     nor permit releases of prisoners or agree to other conditions 
     that could serve to encourage additional terrorism. We will 
     make no changes in our policy because of terrorist threats or 
     acts.''
       (8) Department of State Publication 10217, which was 
     released in similar formats by the administrations of George 
     H.W. Bush in 1991 and Bill Clinton in 1994, espouses the same 
     no-concessions policy and makes clear the United States 
     ``will not support the freeing of prisoners from 
     incarceration in response to terrorist demands''.
       (9) On April 4, 2002, President George W. Bush said, 
     ``Terror must be stopped. No nation can negotiate with 
     terrorists, for there is no way to make peace with those 
     whose only goal is death.''
       (10) Secretary of State Hillary Clinton, while serving in 
     the United States Senate, wrote in 2007 that the United 
     States ``cannot negotiate with individual terrorists; they 
     must be hunted down and captured or killed''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the United States Government should firmly maintain its 
     longstanding policy against negotiating with terrorists and 
     terrorist organizations on any concession or demand; and
       (2) any abandonment or weakening of this policy would 
     endanger the safety of United States citizens, including 
     members of the Armed Forces, and increase terrorist 
     kidnappings, hostage demands, and murders.
                                 ______
                                 
  SA 3008. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 F of title X, add the following:

     SEC. 1064. REPORTING ON NEGOTIATIONS WITH TERRORISTS.

       (a) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on Armed Services of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on Armed Services of the House of Representatives.
       (2) Concession.--The term ``concession'' shall include any 
     discussion or demand for payment or ransom, the withdrawal of 
     United States military or diplomatic presence, or the release 
     of any prisoner or detainee held by the United States.
       (3) Negotiations with terrorists.--The term ``negotiations 
     with terrorists'' shall include any direct or indirect 
     negotiation with any person or organization that --
       (A) has been designated by the United States, including any 
     department or agency of the United States, as a person or 
     organization that commits, threatens to commit, or supports 
     terrorism;
       (B) has engaged in any activity that would render the 
     person or the organization inadmissible under section 
     212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)); or
       (C) is part of al Qaeda or affiliated with al Qaeda through 
     any council or activity.
       (b) Reporting Requirement.--
       (1) Initial report.--Not later than 60 days after the date 
     of the date of the enactment of this Act, the Secretary of 
     Defense and the Secretary of State shall submit to the 
     appropriate congressional committees a report that identifies 
     any instance within the previous 300 days in which the United 
     States engaged in negotiations with terrorists regarding any 
     person held in the custody of the United States or allied 
     forces.
       (2) Periodic reports.--If any employee, agent, or 
     representative of the Department of Defense or the Department 
     of State engages in, authorizes, or cooperates in any way 
     with negotiations with terrorists regarding any person held 
     in the custody of the United States or allied forces, the 
     Secretary of Defense or the Secretary of State, as the case 
     may be, shall submit a report to the appropriate committees 
     of Congress within 30 days.
       (3) Content.--A report under this subsection shall include 
     all relevant facts, including--
       (A) the name of each terrorist person or organization at 
     issue;
       (B) the name of any prisoner, detainee, or hostage who was 
     the subject of such negotiations;
       (C) the concessions demanded or discussed during the 
     negotiations;
       (D) the name of any government or third party involved in 
     the negotiations; and
       (E) the outcome of the negotiations.
       (4) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 3009. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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. 1221. CONGRESSIONAL REVIEW OF BILATERAL SECURITY 
                   AGREEMENT WITH AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The Authorization for the Use of Military Force (Public 
     Law 107-40; 115 Stat. 224) authorizes the President to use 
     all necessary and appropriate force against those nations, 
     organizations, or persons the President determines planned, 
     authorized, committed, or aided the terrorist attacks that 
     occurred on September 11, 2001, or harbored such 
     organizations or persons, in order to prevent any future acts 
     of international terrorism against the United States by such 
     nations, organizations, or persons.
       (2) President Barack Obama and Secretary of Defense Leon 
     Panetta have stated that the United States continues to fight 
     in Afghanistan to defeat the al Qaeda threat and

[[Page S6976]]

     the Taliban, which harbored al Qaeda in Afghanistan, where 
     the attacks of September 11, 2001, were planned and where the 
     attackers received training.
       (3) On May 1, 2012, the United States entered into the 
     ``Enduring Strategic Partnership Agreement Between the United 
     States of America and the Islamic Republic of Afghanistan'', 
     which establishes an enduring strategic partnership between 
     the United States and the Islamic Republic of Afghanistan.
       (4) The Agreement reaffirms the presence and operations of 
     United States Armed Forces in Afghanistan, and establishes 
     long-term commitments between the two countries, including 
     the continued commitment of United States forces and 
     political and financial support to the Government of 
     Afghanistan.
       (5) The Agreement also commits the United States to 
     establishing a long-term Bilateral Security Agreement, with 
     the goal of concluding a Bilateral Security Agreement within 
     one year to supersede the present Status of Forces agreements 
     with the Islamic Republic of Afghanistan.
       (6) Congress was not consulted regarding the framework or 
     substance of the Agreement.
       (7) In the past, Congress has been consulted, and, in some 
     cases, has provided its advice and consent to ratification of 
     such agreements, including those where the use of force was 
     not authorized nor required in the country.
       (b) Notification Requirement.--Not later than 30 days 
     before entering into any Bilateral Security Agreement or 
     other agreement with the Islamic Republic of Afghanistan that 
     will affect the Status of Forces agreements and long-term 
     commitments between the United States and the Islamic 
     Republic of Afghanistan, the President shall submit the 
     agreement to the appropriate congressional committees for 
     review. If the President fails to comply with such 
     requirement, 50 percent of the unobligated balance of the 
     amounts appropriated or otherwise made available for the 
     Executive Office of the President shall be withheld.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 3010. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. NOTICE AND REPORT ON USE OF NAVAL VESSELS FOR 
                   DETENTION OF INDIVIDUALS CAPTURED PURSUANT TO 
                   THE AUTHORIZATION FOR USE OF MILITARY FORCE.

       (a) Notice to Congress.--Not later than five days after 
     first detaining an individual who is captured pursuant to the 
     Authorization for Use of Military Force (Public Law 107-40; 
     50 U.S.C. 1541 note) on a naval vessel outside the United 
     States, the Secretary of Defense shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a notice of the detention.
       (b) Report.--
       (1) In general.--Not later than 90 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 use of naval 
     vessels for the detention outside the United States of any 
     individual who is captured pursuant to the Authorization for 
     Use of Military Force. Such report shall include--
       (A) procedures and any limitations on detaining such 
     individuals at sea on board United States naval vessels;
       (B) an assessment of any force protection issues associated 
     with detaining such individuals on such vessels;
       (C) an assessment of the likely effect of such detentions 
     on the original mission of the naval vessel; and
       (D) any restrictions on long-term detention of individuals 
     on United States naval vessels.
       (2) Form of report.--The report required under paragraph 
     (1) shall be submitted in unclassified form, but may contain 
     a classified annex.
                                 ______
                                 
  SA 3011. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 
                   INDIVIDUALS DETAINED AT THE DETENTION FACILITY 
                   AT PARWAN, AFGHANISTAN.

       (a) Notice Required.--The Secretary of Defense shall submit 
     to the appropriate congressional committees notice in writing 
     of the proposed transfer of any individual detained pursuant 
     to the Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note) who is a national of a country 
     other than the United States or Afghanistan from detention at 
     the Detention Facility at Parwan, Afghanistan, to the custody 
     of the Government of Afghanistan or of any other country. 
     Such notice shall be provided not later than 10 days before 
     such a transfer may take place.
       (b) Additional Assessments and Certifications.--As part of 
     the notice required under subsection (a), the Secretary shall 
     include the following:
       (1) In the case of the proposed transfer of such an 
     individual by reason of the individual being released, an 
     assessment of the threat posed by the individual and the 
     security environment of the country to which the individual 
     is to be transferred.
       (2) In the case of the proposed transfer of such an 
     individual to a country other than Afghanistan for the 
     purpose of the prosecution of the individual, a certification 
     that an assessment has been conducted regarding the capacity, 
     willingness, and historical track record of the country with 
     respect to prosecuting similar cases, including a description 
     of the evidence against the individual that is likely to be 
     admissible as part of the prosecution.
       (3) In the case of the proposed transfer of such an 
     individual for reintegration or rehabilitation in a country 
     other than Afghanistan, a certification that an assessment 
     has been conducted regarding the capacity, willingness, and 
     historical track record of the country for reintegrating or 
     rehabilitating similar individuals.
       (4) In the case of the proposed transfer of such an 
     individual to the custody of the government of Afghanistan 
     for prosecution or detention, a certification that an 
     assessment has been conducted regarding the capacity, 
     willingness, and historical track record of Afghanistan to 
     prosecute or detain long-term such individuals.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives and the 
     Committee on Armed Services and the Committee on Foreign 
     Relations of the Senate.
                                 ______
                                 
  SA 3012. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. PROHIBITION ON USE OF FUNDS FOR THE TRANSFER OR 
                   RELEASE OF INDIVIDUALS DETAINED AT UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       None of the funds authorized to be appropriated by this Act 
     for fiscal year 2013 may be used to transfer, release, or 
     assist in the transfer or release to or within the United 
     States, its territories, or possessions of Khalid Sheikh 
     Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
                                 ______
                                 
  SA 3013. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1032. MILITARY CUSTODY FOR NON-UNITED STATES CITIZEN 
                   MEMBERS OF AL-QAEDA AND AFFILIATED ENTITIES.

       (a) Custody Pending Disposition Under Law of War.--
       (1) In general.--Except as provided in paragraph (4), the 
     Armed Forces of the United States shall hold a person 
     described in paragraph (2) who is captured in the course of 
     hostilities authorized by the Authorization for Use of 
     Military Force (Public Law 107-40) in military custody 
     pending disposition under the law of war.
       (2) Covered persons.--The requirement in paragraph (1) 
     shall apply to any person whose detention is authorized by 
     section 1021 of the National Defense Authorization Act

[[Page S6977]]

     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1562; 10 
     U.S.C. 801 note) who is determined--
       (A) to be a member of, or part of, al-Qaeda or an 
     associated force that acts in coordination with or pursuant 
     to the direction of al-Qaeda; and
       (B) to have participated in the course of planning or 
     carrying out an attack or attempted attack against the United 
     States or its coalition partners.
       (3) Disposition under law of war.--For purposes of this 
     subsection, the disposition of a person under the law of war 
     has the meaning given in section 1021(c) of the National 
     Defense Authorization Act for Fiscal Year 2012, except that 
     no transfer otherwise described in paragraph (4) of that 
     section shall be made unless consistent with the requirements 
     of section 1028 of the National Defense Authorization Act for 
     Fiscal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 note).
       (4) Waiver for national security.--The Secretary of Defense 
     may, in consultation with the Secretary of State and the 
     Director of National Intelligence, waive, on a case-by-case 
     basis, the requirement of paragraph (1) if the Secretary of 
     Defense submits to Congress a certification in writing that 
     such a waiver in the particular case is in the national 
     security interests of the United States.
       (b) Inapplicability to United States Citizens.--The 
     requirement to detain a person in military custody under this 
     section does not extend to citizens of the United States.
       (c) Effective Date.--This section shall take effect on the 
     date of the enactment of this Act, and shall apply with 
     respect to persons described in subsection (a)(2) who are 
     taken into the custody or brought under the control of the 
     United States on or after effective date.
                                 ______
                                 
  SA 3014. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 VI, add the following:

     SEC. 655. ENFORCEMENT OF PROTECTIONS ON CONSUMER CREDIT FOR 
                   MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS.

       Section 987(f) of title 10, United States Code, as amended 
     by section 653 of this Act, is further amended by adding at 
     the end the following new paragraph:
       ``(6) Enforcement.--The provisions of this section (other 
     than paragraph (1) of this subsection) shall be enforced as 
     follows:
       ``(A) By the agencies specified in section 108 of the Truth 
     in Lending Act (15 U.S.C. 1607) in the manner set forth in 
     that section or as set forth under any other applicable 
     authorities available to such agencies by law.
       ``(B) By the attorneys general of the States or State 
     regulators in accordance with section 1042 of the Consumer 
     Financial Protection Act (12 U.S.C. 5552).''.
                                 ______
                                 
  SA 3015. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of 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. 1084. PROTECTION OF VETERANS' MEMORIALS.

       (a) Transportation of Stolen Memorials.--Section 2314 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``In the case of an offense under the first paragraph of 
     this section, if the goods, wares, or merchandise consist of 
     or include a veterans' memorial, the requirement of that 
     paragraph that the goods, wares, or merchandise have a value 
     of $5,000 or more does not apply. In this paragraph, the term 
     `veterans' memorial' means a grave marker, headstone, 
     monument, or other object, intended to permanently honor a 
     veteran or mark a veteran's grave, or any monument that 
     signifies an event of national military historical 
     significance.''.
       (b) Sale or Receipt of Stolen Memorials.--Section 2315 of 
     such title is amended by adding at the end the following:
       ``In the case of an offense under the first paragraph of 
     this section, if the goods, wares, or merchandise consist of 
     or include a veterans' memorial, the requirement of that 
     paragraph that the goods, wares, or merchandise have a value 
     of $5,000 or more does not apply. In this paragraph, the term 
     `veterans' memorial' means a grave marker, headstone, 
     monument, or other object, intended to permanently honor a 
     veteran or mark a veteran's grave, or any monument that 
     signifies an event of national military historical 
     significance.''.
                                 ______
                                 
  SA 3016. Mrs. GILLIBRAND (for herself, Ms. Collins, and Ms. Snowe) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 138, strike lines 14 through 20 and insert the 
     following:
       (8) A requirement that each Secretary of a military 
     department establish policies that require that each member 
     of the Armed Forces under the jurisdiction of such Secretary 
     whose conviction for a covered offense is final and who is 
     not punitively discharged from the Armed Forces in connection 
     with such conviction be processed for administrative 
     separation from the Armed Forces, which requirement shall not 
     be interpreted to limit or alter the authority of such 
     Secretary to process members of the Armed Forces for 
     administrative separation for other offenses or under other 
     provisions of law.
       (b) Definitions.--In this section:
       (1) The term ``covered offense'' means the following:
       (A) Rape or sexual assault under subsection (a) or (b) of 
     section 920 of title 10, United States Code (article 120 of 
     the Uniform Code of Military Justice).
       (B) Forcible sodomy under section 925 of title 10, United 
     States Code (article 125 of the Uniform Code of Military 
     Justice).
       (C) An attempt to commit an offense specified in 
     subparagraph (A) or (B) under section 880 of title 10, United 
     States Code (article 80 of the Uniform Code of Military 
     Justice).
       (2) The term ``special victim offenses'' means offenses 
     involving allegations of any of the following:
       (A) Child abuse.
       (B) Rape, sexual assault, or forcible sodomy.
       (C) Domestic violence involving aggravated assault.
                                 ______
                                 
  SA 3017. Mr. REED (for himself, Mr. Rubio, and Mrs. McCaskill) 
submitted an amendment intended to be proposed by him to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 704. COST-SHARING RATES FOR THE PHARMACY BENEFITS 
                   PROGRAM OF THE TRICARE PROGRAM.

       (a) In General.--Section 1074g(a)(6) of title 10, United 
     States Code, is amended--
       (1) by striking subparagraph (A) and inserting the 
     following new sub paragraph (A):
       ``(A) The Secretary, in the regulations prescribed under 
     subsection (h), shall establish cost-sharing requirements 
     under the pharmacy benefits program. In accordance with 
     subparagraph (C), such cost-sharing requirements shall 
     consist of the following:
       ``(i) With respect to each supply of a prescription 
     covering not more than 30 days that is obtained by a covered 
     beneficiary under the TRICARE retail pharmacy program--
       ``(I) in the case of generic agents, $5;
       ``(II) in the case of formulary agents, $17; and
       ``(III) in the case of nonformulary agents, $44.
       ``(ii) With respect to each supply of a prescription 
     covering not more than 90 days that is obtained by a covered 
     beneficiary under the national mail-order pharmacy program--
       ``(I) in the case of generic agents, $0;
       ``(II) in the case of formulary agents, $13; and
       ``(III) in the case of nonformulary agents, $43.''; and
       (2) by adding at the end the following new subparagraph:
       ``(C)(i) Beginning October 1, 2013, the amount of any 
     increase in a cost-sharing amount specified in subparagraph 
     (A) in a year may not exceed the amount equal to the 
     percentage of such cost-sharing amount at the time of such 
     increase equal to the percentage by which retired pay is 
     increased under section 1401a of this title in that year.
       ``(ii) If the amount of the increase otherwise provided for 
     a year by clause (i) is less than $1, the increase shall not 
     be made for such year, but shall be carried over to, and 
     accumulated with, the amount of the increase for the 
     subsequent year or years and made when the aggregate amount 
     of increases carried over under this clause for a year is $1 
     or more.''.
       (b) Effective Date.--
       (1) In general.--The cost-sharing requirements under 
     subparagraph (A) of section 1074g(a)(6) of title 10, United 
     States Code (as amended by subsection (a)(1)), shall apply 
     with respect to prescriptions obtained under the TRICARE 
     pharmacy benefits program on or after such date as the 
     Secretary of Defense shall specify, but not later than the 
     date that is 45 days after the date of the enactment of this 
     Act.

[[Page S6978]]

       (2) Federal register.--The Secretary shall publish notice 
     of the effective date of the cost-sharing requirements 
     specified under paragraph (1) in the Federal Register.

     SEC. 705. PILOT PROGRAM ON REFILLS OF MAINTENANCE MEDICATIONS 
                   THROUGH THE TRICARE MAIL-ORDER PHARMACY 
                   PROGRAM.

       (a) In General.--The Secretary of Defense shall conduct a 
     pilot program to refill prescription maintenance medications 
     for each TRICARE for Life beneficiary through the national 
     mail-order pharmacy program under section 1074g(a)(2)(E)(iii) 
     of title 10, United States Code.
       (b) Medications Covered.--
       (1) Determination.--The Secretary shall determine the 
     prescription maintenance medications included in the pilot 
     program under subsection (a).
       (2) Supply.--In carrying out the pilot program, the 
     Secretary shall ensure that the medications included in the 
     program are--
       (A) generally available through retail pharmacies for an 
     initial filling of a 30-day or less supply; and
       (B) obtained by refill through the national mail-order 
     pharmacy program.
       (3) No denial.--In the instance when a refill of such 
     maintenance medication is not obtained through a national 
     mail-order pharmacy program, the Secretary shall ensure that 
     beneficiaries are provided a supply at a retail pharmacy for 
     a limited period of time. The Secretary may impose a cost-
     sharing requirement on beneficiaries accessing such supply.
       (4) Exemption.--The Secretary may exempt the following 
     prescription maintenance medications from the requirements in 
     paragraph (2):
       (A) Medications for acute care needs.
       (B) Medications dispensed to patients in long-term care 
     facilities.
       (C) Such other medications as the Secretary considers 
     appropriate.
       (c) Nonparticipation.--
       (1) Opt out.--The Secretary shall give beneficiaries who 
     have been covered by the pilot program under subsection (a) 
     for a period of at least one year an opportunity to opt out 
     of continuing to participate in the pilot program.
       (2) Waiver.--The Secretary may waive the requirement for a 
     beneficiary to participate in the pilot program if the 
     Secretary determines, on an individual basis, that the waiver 
     is appropriate.
       (d) Operation of Program.--In carrying out the pilot 
     program, the Secretary shall ensure that the operational 
     responsibilities for the national mail-order pharmacy program 
     for purposes of the pilot program are awarded through full 
     and open competition.
       (e) Reports.--Not later than March 31 of each year 
     beginning in 2014 and ending in 2018, the Secretary shall 
     submit to the congressional defense committees a report on 
     the pilot program under subsection (a), including the effects 
     of offering incentives for the use of mail-order pharmacies 
     by TRICARE for Life beneficiaries, access to maintenance 
     medications, and the effect on retail pharmacies.
       (f) TRICARE for Life Beneficiary Defined.--In this section, 
     the term ``TRICARE for Life beneficiary'' means a beneficiary 
     under the TRICARE program who is enrolled in the Medicare 
     wraparound coverage option of the TRICARE program made 
     available to the beneficiary by reason of section 1086(d) of 
     title 10, United States Code.
       (g) Sunset.--The Secretary may not carry out the pilot 
     program under subsection (a) after December 31, 2017.
                                 ______
                                 
  SA 3018. Mrs. FEINSTEIN (for herself, Mr. Lee, Mr. Coons, Ms. 
Collins, Mr. Paul, Mr. Lautenberg, Mrs. Gillibrand, and Mr. Kirk) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table.

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

     SEC. 1032. PROHIBITION ON THE INDEFINITE DETENTION OF 
                   CITIZENS AND LAWFUL PERMANENT RESIDENTS.

       Section 4001 of title 18, United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) An authorization to use military force, a 
     declaration of war, or any similar authority shall not 
     authorize the detention without charge or trial of a citizen 
     or lawful permanent resident of the United States apprehended 
     in the United States, unless an Act of Congress expressly 
     authorizes such detention.
       ``(2) Paragraph (1) applies to an authorization to use 
     military force, a declaration of war, or any similar 
     authority enacted before, on, or after the date of the 
     enactment of the National Defense Authorization Act For 
     Fiscal Year 2013.
       ``(3) Paragraph (1) shall not be construed to authorize the 
     detention of a citizen of the United States, a lawful 
     permanent resident of the United States, or any other person 
     who is apprehended in the United States.''.

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