[Congressional Record Volume 158, Number 150 (Wednesday, November 28, 2012)]
[Senate]
[Pages S7045-S7124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3019. 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 H of title X, add the following:

     SEC. 1084. STATE TRADE AND EXPORT PROMOTION GRANT PROGRAM.

       Section 1207(a)(5) of the Small Business Jobs Act of 2010 
     (15 U.S.C. 649b note) is amended by inserting after ``Guam,'' 
     the following: ``the Commonwealth of the Northern Mariana 
     Islands,''.
                                 ______
                                 
  SA 3020. 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:

       Strike section 941 and insert the following:

     SEC. 941. NATIONAL LANGUAGE SERVICE CORPS.

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

     ``SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.

       ``(a) Establishment.--(1) The Secretary of Defense may 
     establish and maintain within the Department of Defense a 
     National Language Service Corps (in this section referred to 
     as the `Corps').
       ``(2) The purpose of the Corps is to provide a pool of 
     personnel with foreign language skills who, as provided in 
     regulations prescribed under this section, agree to provide 
     foreign language services to the Department of Defense or 
     another department or agency of the United States.
       ``(b) National Security Education Board.--If the Corps is 
     established, the Secretary shall provide for the National 
     Security Education Board to oversee and coordinate the 
     activities of the Corps to such extent and in such manner as 
     determined by the Secretary under paragraph (9) of section 
     803(d).
       ``(c) Membership.--To be eligible for membership in the 
     Corps, a person must be a citizen of the United States 
     authorized by law to be employed in the United States, have 
     attained the age of 18 years, and possess such foreign 
     language skills as the Secretary considers appropriate for 
     membership in the Corps.
       ``(d) Training.--The Secretary may provide members of the 
     Corps such training as the Secretary prescribes for purposes 
     of this section.
       ``(e) Service.--Upon a determination that it is in the 
     national interests of the United States, the Secretary shall 
     call upon members of the Corps to provide foreign language 
     services to the Department of Defense or another department 
     or agency of the United States.
       ``(f) Funding.--The Secretary may impose fees, in amounts 
     up to full-cost recovery, for language services and technical 
     assistance rendered by members of the Corps. Amounts of fees 
     received under this section shall be credited to the account 
     of the Department providing funds for any costs incurred by 
     the Department in connection with the Corps. Amounts so 
     credited to such account shall be merged with amounts in such 
     account, and shall be available to the same extent, and 
     subject to the same conditions and limitations, as amounts in 
     such account. Any amounts so credited shall remain available 
     until expended.''.
       (b) National Security Education Board Matters.--
       (1) Composition.--Subsection (b) of section 803 of such Act 
     (50 U.S.C. 1903) is amended--
       (A) by striking paragraph (5);
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (9), respectively; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Secretary of Energy.
       ``(7) The Director of National Intelligence.''.
       (2) Functions.--Subsection (d) of such section is amended 
     by adding at the end the following new paragraphs:
       ``(9) To the extent provided by the Secretary of Defense, 
     oversee and coordinate the activities of the National 
     Language Service Corps under section 813, including proposing 
     regulations to carry out that section.
       ``(10) Assess on a periodic basis the needs identified by 
     the departments and agencies of the Federal Government for 
     personnel with skills in various foreign languages.
       ``(11) Recommend plans to address foreign language 
     shortfalls and requirements of the departments and agencies 
     of the Federal Government.
       ``(12) Recommend effective ways to increase public 
     awareness of the need for foreign languages skills and career 
     paths in the Federal Government that use those skills.
       ``(13) Advise on the coordination of activities with 
     Executive agencies and State and local governments to develop 
     interagency plans and agreements to address overall foreign 
     language shortfalls and to utilize personnel to address the 
     various types of crises that warrant foreign language 
     skills.''.
                                 ______
                                 
  SA 3021. Mr. CARDIN 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. GRANTS FOR TRAINING OF VETERANS WHO OWN SMALL 
                   BUSINESSES ON APPLYING FOR FEDERAL CONTRACTS.

       (a) In General.--The Secretary of Veterans Affairs may 
     award a grant to a nonprofit organization to assist such 
     organization in providing training to a veteran who is an 
     owner of a small business concern on how to apply for and win 
     a contract with the Federal Government.
       (b) Maximum Amounts.--
       (1) In general.--The total amount of grants awarded under 
     subsection (a) may not exceed $1,000,000.
       (2) Individual grant amounts.--A grant awarded under 
     subsection (a) may not exceed $200,000.
       (c) Matching Funds.--The Secretary may award a grant under 
     subsection (a) to a nonprofit organization to conduct 
     training only if the organization agrees to make 
     contributions toward the cost of conducting such training, 
     from non-Federal sources, in an amount equal to not less than 
     the amount of the grant.

[[Page S7046]]

       (d) Small Business Concern Defined.--In this section, the 
     term ``small business concern'' has the meaning given such 
     term under section 3 of the Small Business Act (15 U.S.C. 
     632).
                                 ______
                                 
  SA 3022. Mr. CARDIN 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 405, line 4, strike ``Section'' and insert the 
     following:
       (a) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Senate is deeply concerned with the dramatic rise 
     in conflict-induced displacement in Afghanistan and the 
     corresponding increase in humanitarian need, especially as 
     winter approaches;
       (2) there have been several reports of children freezing to 
     death in various refugee settlements in Afghanistan during 
     the winter of 2011-12;
       (3) the Bureau of Population, Refugees, and Migration of 
     the Department of State and the Special Representative for 
     Afghanistan and Pakistan should jointly develop a 
     comprehensive strategy to address the displacement and human 
     suffering referred to in paragraphs (1) and (2), which shall 
     include--
       (A) an assessment of the capacity of the Government of 
     Afghanistan--
       (i) to prevent, mitigate, and respond to forced 
     displacement; and
       (ii) to provide durable solutions for internally displaced 
     Afghans and Afghan refugees; and
       (B) a coherent plan to strengthen the capacity of the 
     Government of Afghanistan to address the causes and 
     consequences of displacement within Afghanistan.
       (b) Extension of Authority.--Section
                                 ______
                                 
  SA 3023. Mr. CARDIN 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 139, line 3, add at the end the following: ``Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Homeland Security shall submit to the 
     committees of Congress referred to in the preceding sentence 
     a report on hazing in the Coast Guard when it is not 
     operating as a service in the Navy, and, for purposes of such 
     report, the Armed Forces shall include the Coast Guard when 
     it is not operating as a service in the Navy.''.
                                 ______
                                 
  SA 3024. Mr. CARDIN 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 124, between lines 6 and 7, insert the following:
       (f) Applicability to Coast Guard.--The Secretary of 
     Homeland Security shall apply the provisions of this section 
     (other than subsection (d)) to the Coast Guard when it is not 
     operating as a service in the Navy in order to achieve 
     diversity in the Coast Guard in the same manner, under the 
     same schedule, and subject to the same conditions as 
     diversity is achieved in the other Armed Forces under this 
     section. The Secretary shall submit to the congressional 
     defense committees the reports required by subsection (e) 
     with respect to the implementation of the provisions of this 
     section regarding the Coast Guard when it is not operating as 
     a service in the Navy.
                                 ______
                                 
  SA 3025. Mr. CARDIN (for himself, Mr. Akaka, Ms. Mikulski, Mr. 
Begich, Mr. Durbin, Mr. Brown of Ohio, Mrs. McCaskill, and Mr. Harkin) 
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 341 and insert the following:

     SEC. 341. CIVILIAN AND CONTRACT SERVICES WORKFORCE BALANCE.

       (a) In General.--The Secretary of Defense shall, consistent 
     with the requirements of sections 129 and 129a of title 10, 
     United States Code, ensure that the civilian and contract 
     services workforces of the Department of Defense are 
     sufficiently sized, taking into account military strategy 
     requirements and military end-strength.
       (b) Comptroller General Report.--Not later than 180 days 
     after the date of the enactment of this Act, and annually 
     thereafter, the Comptroller General of the United States 
     shall submit to the congressional defense committees a report 
     assessing the sufficiency of sizing of the civilian and 
     contract services workforces of the Department of Defense. 
     The report shall assess whether the sizing is consistent with 
     workforce management and sourcing laws, including sections 
     129 and 129a of title 10, United States Code.
                                 ______
                                 
  SA 3026. Mr. TESTER (for himself, Mr. Blumenthal, and Mrs. 
Gillibrand) 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. STANDARD OF PROOF FOR SERVICE-CONNECTION OF POST-
                   TRAUMATIC STRESS DISORDER AND MENTAL HEALTH 
                   CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.

       (a) Standard of Proof.--Section 1154 of title 38, United 
     States Code, is amended by adding at the end the following 
     new subsections:
       ``(c)(1) The Secretary shall accept as sufficient proof of 
     service-connection of post-traumatic stress disorder alleged 
     to have been incurred in or aggravated by service in the 
     active military, naval, or air service a diagnosis of post-
     traumatic stress disorder by a mental health professional 
     together with written testimony by the veteran of such 
     incurrence or aggravation and a written determination by the 
     professional that such disorder is related to the veteran's 
     service, if consistent with the circumstances, conditions, or 
     hardships of such service, notwithstanding the fact that 
     there is no official record of such incurrence or aggravation 
     in such service, and, to that end, shall resolve every 
     reasonable doubt in favor of the veteran.
       ``(2) Service-connection of post-traumatic stress disorder 
     may be rebutted by clear and convincing evidence to the 
     contrary. In the case of such a rebuttal, the Secretary shall 
     make all documents related to the service-connection of the 
     veteran's disability available to the veteran.
       ``(d)(1) The Secretary shall accept as sufficient proof of 
     service-connection of covered mental health conditions 
     alleged to have been incurred or aggravated by military 
     sexual trauma experienced during service in the active 
     military, naval, or air service a diagnosis of such mental 
     health condition by a mental health professional together 
     with written testimony by the veteran of such trauma alleged 
     to have been incurred during the veteran's service and a 
     written determination by the professional that such mental 
     health condition is related to such trauma, if consistent 
     with the circumstances, conditions, or hardships of such 
     service, notwithstanding the fact that there is no official 
     record of the incurrence of such trauma in such service, and, 
     to that end, shall resolve every reasonable doubt in favor of 
     the veteran.
       ``(2) Service-connection of covered mental health 
     conditions under this subsection may be rebutted by clear and 
     convincing evidence to the contrary. In the case of such a 
     rebuttal, the Secretary shall make all documents related to 
     the service-connection of the veteran's disability available 
     to the veteran.
       ``(3) In this subsection:
       ``(A) The term `covered mental health conditions' means 
     post-traumatic stress disorder, anxiety, depression, or other 
     mental health conditions that the Secretary determines to be 
     related to military sexual trauma.
       ``(B) The term `military sexual trauma' means, with respect 
     to a veteran, psychological trauma, which in the judgment of 
     a mental health professional, resulted from a physical 
     assault of a sexual nature, battery of a sexual nature, or 
     sexual harassment which occurred while the veteran was 
     serving on active duty or active duty for training.''.
       (b) Effective Date.--Subsections (c) and (d) of section 
     1154 of title 38, United States Code, as added by subsection 
     (a), shall apply with respect to any claim for disability 
     compensation under laws administered by the Secretary of 
     Veterans Affairs for which no final decision has been made 
     before the date of the enactment of this Act.
                                 ______
                                 
  SA 3027. Mr. TESTER (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:


[[Page S7047]]


       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.--The amendment made by 
     subsection (a) shall take effect as of January 28, 2008, and 
     as if included in the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181) as enacted.
                                 ______
                                 
  SA 3028. 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 H of title X, add the following:

     SEC. 1084. TRANSPORTATION OF INDIVIDUALS TO AND FROM 
                   FACILITIES OF DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Chapter 1 of title 38, United States Code, 
     is amended by inserting after section 111 the following new 
     section:

     ``Sec. 111A. Transportation of individuals to and from 
       Department facilities

       ``(a) Transportation by Secretary.--The Secretary may 
     transport any person to or from a Department facility or 
     other place in connection with vocational rehabilitation, 
     counseling required by the Secretary pursuant to chapter 34 
     or 35 of this title, or for the purpose of examination, 
     treatment, or care.''.
       (b) Conforming Amendment.--Subsection (h) of section 111 of 
     such title is--
       (1) transferred to section 111A of such title, as added by 
     subsection (a);
       (2) redesignated as subsection (b);
       (3) inserted after subsection (a) of such section; and
       (4) amended by inserting ``Transportation by Third-
     Parties.--'' before ``The Secretary''.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by inserting 
     after the item relating to section 111 the following new 
     item:

       ``111A. Transportation of individuals to and from 
     Department facilities.''.
                                 ______
                                 
  SA 3029. 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 E of title XXVIII, add the 
     following:

     SEC. 2844. COMMISSION ON REVIEW OF OVERSEAS MILITARY FACILITY 
                   STRUCTURE OF THE UNITED STATES.

       (a) In General.--
       (1) Establishment.--There is established the Commission on 
     the Review of the Overseas Military Facility Structure of the 
     United States (in this section referred to as the 
     ``Commission'').
       (2) Composition.--
       (A) In general.--The Commission shall be composed of eight 
     members of whom--
       (i) two shall be appointed by the majority leader of the 
     Senate;
       (ii) two shall be appointed by the minority leader of the 
     Senate;
       (iii) two shall be appointed by the Speaker of the House of 
     Representatives; and
       (iv) two shall be appointed by the minority leader of the 
     House of Representatives.
       (B) Qualifications.--Individuals appointed to the 
     Commission shall have significant experience in the national 
     security or foreign policy of the United States.
       (C) Deadline for appointment.--Appointments of the members 
     of the Commission shall be made not later than 45 days after 
     the date of the enactment of this Act.
       (D) Chairman and vice chairman.--The Commission shall 
     select a Chairman and Vice Chairman from among it members.
       (3) Tenure; vacancies.--Members shall be appointed for the 
     life of the Commission. Any vacancy in the Commission shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (B) Calling of the chairman.--The Commission shall meet at 
     the call of the Chairman.
       (C) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (b) Duties.--
       (1) Study of overseas military facility structure.--
       (A) In general.--The Commission shall conduct a thorough 
     study of matters relating to the military facility structure 
     of the United States overseas.
       (B) Scope.--In conducting the study, the Commission shall--
       (i) assess the number of forces required to be forward 
     based outside the United States;
       (ii) examine the current state of the military facilities 
     and training ranges of the United States overseas for all 
     permanent stations and deployed locations, including the 
     condition of land and improvements at such facilities and 
     ranges and the availability of additional land, if required, 
     for such facilities and ranges;
       (iii) identify the amounts received by the United States, 
     whether in direct payments, in-kind contributions, or 
     otherwise, from foreign countries by reason of military 
     facilities of the United States overseas;
       (iv) assess the feasibility and advisability of the closure 
     or realignment of military facilities of the United States 
     overseas, or of the establishment of new military facilities 
     of the United States overseas;
       (v) consider the findings of the February 2011 Government 
     Accountability Office report, ``Additional Cost Information 
     and Stakeholder Input Necessary to Assess Military Posture in 
     Europe'', GAO-11-131; and
       (vi) consider or assess any other issue relating to 
     military facilities of the United States overseas that the 
     Commission considers appropriate.
       (2) Report.--
       (A) In general.--Not later than 60 days after holding its 
     final public hearing, the Commission shall submit to the 
     President and Congress a report which shall contain a 
     detailed statement of the findings and conclusions of the 
     Commission, together with its recommendations for such 
     legislation and administrative actions as it considers 
     appropriate.
       (B) Proposed overseas basing strategy.--In addition to the 
     matters specified in subparagraph (A), the report shall also 
     include a proposal by the Commission for an overseas basing 
     strategy for the Department of Defense in order to meet the 
     current and future mission of the Department, taking into 
     account heightened fiscal constraints.
       (C) Focus on particular issues.--The report shall focus on 
     current and future geopolitical posturing, operational 
     requirements, mobility, quality of life, cost, and 
     synchronization with the combatant commands.
       (c) Powers.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information sharing.--The Commission may secure 
     directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out this section. Upon request of the Chairman of the 
     Commission, the head of such department or agency shall 
     furnish such information to the Commission.
       (3) Administrative support.--Upon request of the 
     Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support necessary for the Commission to carry 
     out its duties under this section.
       (4) Mails.--The Commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (5) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (d) Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission under this section. All members of the 
     Commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel.--
       (A) Expenses.--Members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Commission under this 
     section.
       (B) Military aircraft.--Members and staff of the Commission 
     may receive transportation on military aircraft to and from 
     the United States, and overseas, for purposes of the 
     performance of the duties of the Commission to the extent 
     that such transportation will not interfere with the 
     requirements of military operations.
       (3) Staffing.--
       (A) Executive director.--The Chairman of the Commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director

[[Page S7048]]

     and such other additional personnel as may be necessary to 
     enable the Commission to perform its duties under this 
     section. The employment of an executive director shall be 
     subject to confirmation by the Commission.
       (B) Staff.--The Commission may employ a staff to assist the 
     Commission in carrying out its duties. The total number of 
     the staff of the Commission, including an executive director 
     under subparagraph (A), may not exceed 12.
       (C) Compensation.--The Chairman of the Commission may fix 
     the compensation of the executive director and other 
     personnel without regard to chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (4) Details.--Any employee of the Department of Defense, 
     the Department of State, or the Government Accountability 
     Office may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Temporary and intermittent services.--The Chairman of 
     the Commission may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.
       (e) Security.--
       (1) Security clearances.--Members and staff of the 
     Commission, and any experts and consultants to the 
     Commission, shall possess security clearances appropriate for 
     their duties with the Commission under this section.
       (2) Information security.--The Secretary of Defense shall 
     assume responsibility for the handling and disposition of any 
     information relating to the national security of the United 
     States that is received, considered, or used by the 
     Commission under this section.
       (f) Termination.--The Commission shall terminate 45 days 
     after the date on which the Commission submits its report 
     under subsection (b).
                                 ______
                                 
  SA 3030. Mr. LAUTENBERG 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. SENSE OF CONGRESS ON PREMIUMS FOR HEALTH CARE FOR 
                   RETIRED CAREER MEMBERS OF THE UNIFORMED 
                   SERVICES.

       It is the sense of Congress that--
       (1) career members of the uniformed services and their 
     families endure unique and extraordinary demands and make 
     extraordinary sacrifices over the course of a 20-year to 30-
     year career in protecting freedom for all Americans; and
       (2) those decades of sacrifice constitute a significant 
     pre-paid premium for health care during retirement that is 
     over and above what such members pay in money as a premium 
     for such health care.
                                 ______
                                 
  SA 3031. 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 C of title XXVIII, add the 
     following:

     SEC. 2824. DEPARTMENT OF DEFENSE GOAL REGARDING USE OF NON-
                   COMBUSTION, DISTRIBUTED GENERATION TECHNOLOGIES 
                   TO MEET ELECTRICITY NEEDS.

       Section 2911 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Goal Regarding Use of Non-combustion, Distributed 
     Generation Technologies to Meet Electricity Needs.--Electric 
     energy produced by non-combustion, distributed generation 
     technologies shall have the same standing as electric energy 
     from renewable sources for the purpose of achieving the 
     Department of Defense goal to meet electricity needs 
     established under subsection (e).''.
                                 ______
                                 
  SA 3032. Mr. ROBERTS (for himself and Mr. Moran) 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 III, add the following:

     SEC. 344. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE AND 
                   LOCAL GOVERNMENTS.

       (a) Agreements Authorized.--Chapter 137 of title 10, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``SEC. 2336. INTERGOVERNMENTAL SUPPORT AGREEMENTS WITH STATE 
                   AND LOCAL GOVERNMENTS.

       ``(a) In General.--(1) The Secretary concerned may enter 
     into an intergovernmental support agreement with a State or 
     local government to provide, receive, or share installation-
     support services when such an agreement serves the interests 
     of the department by enhancing mission effectiveness or 
     creating efficiencies or economies of scale, including by 
     reducing costs.
       ``(2) Notwithstanding any other law, such an agreement--
       ``(A) may be entered into on a sole source basis;
       ``(B) may be for a term not to exceed five years;
       ``(C) may utilize, for installation-support services 
     provided by a State or local government, wage grades normally 
     paid by that State or local government; and
       ``(D) may only be utilized when the Secretary concerned or 
     the State or local government, as the case may be, providing 
     the installation-support services already provides such 
     services for its own use.
       ``(b) Effect on First Responder Arrangements.--The 
     authority provided by this section and limitations on its use 
     do not revoke, preclude, or otherwise interfere with existing 
     or proposed mutual aid agreements relating to police or fire 
     protection services or other similar first responder 
     agreements or arrangements.
       ``(c) Availability of Funds.--Funds available to the 
     Secretary concerned for operation and maintenance may be used 
     to pay for such installation-support services. The costs of 
     agreements under this section for any year may be paid from 
     annual appropriations for that year. Funds received by the 
     Secretary as reimbursement for providing installation-support 
     services pursuant to such an agreement shall be credited to 
     the appropriation or account charged with providing 
     installation support.
       ``(d) Definitions.--In this section:
       ``(1) The term `installation-support services' means those 
     services, supplies, resources, and support typically provided 
     by a State or local government for its own needs and without 
     regard to whether such services, supplies, resources, and 
     support are provided to its residents generally, except that 
     the term does not include security-guard or fire-fighting 
     functions.
       ``(2) The term `local government' includes a county, 
     parish, municipality, city, town, township, local public 
     authority, school district, special district, and any agency 
     or instrumentality of a local government.
       ``(3) The term `State' means the several states, the 
     District of Columbia, the Commonwealths of Puerto Rico and 
     the Northern Mariana Islands, American Samoa, Guam, and the 
     United States Virgin Islands, and any agency or 
     instrumentality of a State.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting at the end 
     the following new item:

``Sec. 2336. Intergovernmental support agreements with State and local 
              governments.''.
                                 ______
                                 
  SA 3033. Mr. KYL (for himself and Mr. Corker) 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 XXXI, add the following:

     SEC. 3136. REPORT ON FEASIBILITY, COST, AND ADVISABILITY OF 
                   REUSING PITS IN NUCLEAR WARHEADS.

       (a) Findings.--Congress makes the following findings:
       (1) A key concept of the proposed interim plutonium pit 
     strategy of the National Nuclear Security Administration is 
     to reuse existing pits to supplement the 20 to 30 pits per 
     year that the Administration asserts may be manufactured at 
     Los Alamos National Laboratory, given extensive modifications 
     to current facilities.
       (2) Dr. Charles McMillan, director of the Los Alamos 
     National Laboratory, testified before Congress on April 18, 
     2012, that ``the extensive work required to convert these 
     concepts into systems that could be certified is yet to be 
     done''. Dr. McMillan elaborated that ``we must do the 
     scientific work to further understand the effects of aging 
     and to provide modern safety, safety that starts [with 
     insensitive] high explosive systems. If we choose this path, 
     it will require an investment over the next 5 to 10 years.''.
       (3) Pit lifetime is another critical aspect of the proposed 
     interim plutonium strategy. The National Nuclear Security 
     Administration has confidence that pits will last up to

[[Page S7049]]

     100 years. Yet, Dr. Siegfried Hecker, former director of Los 
     Alamos National Laboratory and a leading plutonium 
     metallurgist, was quoted on July 17, 2012, as saying, ``We 
     have never done enough of those [plutonium lifetime] 
     experiments that would make me feel more comfortable with 
     plutonium lifetimes in pits. So as far as I'm concerned, we 
     still haven't demonstrated that these pits can last 50, 60, 
     80 or 100 years as some people claim.''.
       (4) Regarding the performance of older pits, a 2007 report 
     by the private scientific advisory group known as JASON 
     suggested that ``there must be a more detailed understanding 
     of the different types of dynamic strengths involved in the 
     weapons codes, and then a more complete understanding of how 
     these strengths vary with aging through relevant experimental 
     and theoretical work. This is fundamentally difficult . . . 
     New experiments should be carried out on both naturally and 
     artificially aged [plutonium].''.
       (b) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Energy and the 
     Secretary of Defense shall jointly submit to the 
     congressional defense committees a report on the feasibility, 
     cost, and advisability of reusing pits in nuclear warheads 
     that includes the following:
       (1) An assessment of the technical work and experimentation 
     that needs to be done to determine whether or not pit reuse 
     is likely to be a successful strategy that leads to the 
     certification of the safety, security, and reliability of 
     nuclear warheads using those pits and the schedule and cost 
     for that work and experimentation.
       (2) A description of the criteria that must be met to 
     determine whether nuclear warheads that reuse pits can be 
     certified as safe, secure, and reliable and an estimate of 
     the time at which the National Nuclear Security 
     Administration anticipates having sufficient data to make 
     such a determination.
       (3) A description of the experiments that have been 
     performed to determine whether nuclear warheads that reuse 
     pits can be certified as safe, secure, and reliable and an 
     assessment of the results of those experiments.
       (4) An assessment of how pursuing pit reuse increases the 
     cost and complexity of life extension programs and program 
     planning by the National Nuclear Security Administration and 
     the effect of pursuing pit reuse on the safety, security, and 
     reliability of nuclear warheads.
       (5) An assessment of the extent to which pursuing pit 
     reuse, as opposed to manufacturing new pits, limits the 
     incorporation of enhanced safety and security features into 
     life extension programs and limits improvements to the 
     performance margin in such programs.
       (6) A description of the technical process for and cost 
     of--
       (A) requalifying an existing pit for reuse with a weapon 
     for which it was designed; and
       (B) requalifying an existing pit for reuse with a weapon 
     for which it was not designed.
       (7) An assessment of the extent which the Nuclear Weapons 
     Council has reviewed the processes described in paragraph (6) 
     and the results of any such reviews.
       (8) An explanation for the difference between the 
     assessment of the National Nuclear Security Administration 
     with respect to the lifetime of pits and the assessment of 
     Dr. Siegfried Hecker described in subsection (a)(3).
       (9) An assessment of the work that has been done by the 
     national security laboratories of the Department of Energy or 
     by other entities with respect to pit aging since 2007 and 
     the results of that work.
       (10) An assessment of the anticipated level of confidence 
     of the Secretary of Energy and the Secretary of Defense with 
     respect to experiments to artificially age plutonium and any 
     concerns that there may be differences between natural and 
     artificial aging of plutonium.
       (11) An assessment of experiments that have been performed 
     to understand the performance of older pits across the full 
     stockpile-to-target sequence of nuclear warheads, including 
     in highly dynamic environments, and the results of those 
     experiments.
       (12) A statement of the military requirement for pit 
     production to have a responsive infrastructure capable of 
     rapidly responding to technical or geopolitical strategic 
     surprises.
                                 ______
                                 
  SA 3034. Mr. BROWN of Massachusetts (for himself and 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:

       Strike section 1710 and insert the following:

     SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELECTRONIC 
                   SYSTEMS CENTER AT HANSCOM AIR FORCE BASE, 
                   MASSACHUSETTS.

       The Secretary of the Air Force shall retain the core 
     functions of the Electronic Systems Center at Hanscom Air 
     Force Base, Massachusetts, with the same integrated mission 
     elements, responsibilities, and capabilities as existed as of 
     November 1, 2011, until such time as such integrated mission 
     elements, responsibilities, and capabilities are modified 
     pursuant to section 2687 of title 10, United States Code, or 
     a subsequent law providing for the closure or realignment of 
     military installations in the United States.
                                 ______
                                 
  SA 3035. Mr. BROWN of Massachusetts 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. REPORT ON TRANSFER TO THE GOVERNMENT OF 
                   AFGHANISTAN OF ENEMY COMBATANTS DETAINED BY THE 
                   UNITED STATES IN AFGHANISTAN.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report setting forth the following:
       (1) The policy of the United States on the disposition of 
     Afghanistan enemy combatants captured on the battlefield who 
     are or will be detained in detention facilities in 
     Afghanistan under the control of the United States.
       (2) The policy of the United States on the disposition of 
     non-Afghanistan enemy combatants captured on the battlefield 
     who are or will be detained in detention facilities in 
     Afghanistan under the control of the United States.
       (3) The policy of the United States on the disposition of 
     high-risk enemy combatants captured on the battlefield who 
     are or will be detained in detention facilities in 
     Afghanistan under the control of the United States.
       (4) A plan for the transfer of high-risk enemy combatants 
     described in paragraph (3) from detention facilities in 
     Afghanistan under the control of the United States after 
     December 31, 2014.
       (5) An assessment of the extent to which the Government of 
     Afghanistan will provide continuing and enduring support to 
     the criminal justice system of Afghanistan for purposes of 
     maintaining the rule of law in Afghanistan after December 31, 
     2014.
       (b) Definitions.--In this section:
       (1) The term ``detention facilities in Afghanistan under 
     the control of the United States'' means facilities in 
     Afghanistan established to hold persons consistent with the 
     law of war and international humanitarian law, including 
     Additional Protocol II of 1977 to the Geneva Convention of 
     1949.
       (2) The term ``enemy combatant'' means an individual who--
       (A) after September 11, 2001, has purposefully engaged in 
     or materially supported hostilities against the United States 
     or its coalition partners; or
       (B) is a member of, part of, or operated in a clandestine, 
     covert, or military capacity on behalf of the Taliban, al 
     Qaeda, or associated forces.
       (3) The term ``high-risk'', with respect to an enemy 
     combatant, means that the transfer of the enemy combatant to 
     the Government of Afghanistan would create unacceptable 
     national security risks to the United States and its 
     coalition partners.
                                 ______
                                 
  SA 3036. Mr. BROWN of Massachusetts 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. REPORTS ON THE POTENTIAL SECURITY THREAT POSED BY 
                   BOKO HARAM.

       (a) Director of National Intelligence Report.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Director of National Intelligence shall submit to 
     Congress an intelligence assessment of the Nigerian 
     organization known as Boko Haram. Such assessment shall 
     address the following:
       (1) The organizational structure, operational goals, and 
     funding sources of Boko Haram.
       (2) The extent to which Boko Haram threatens the stability 
     of Nigeria and surrounding countries.
       (3) The extent to which Boko Haram threatens the security 
     of citizens of the United States or the national security or 
     interests of the United States.
       (4) Any interaction between Boko Haram and al-Qaeda in the 
     Islamic Maghreb or other al-Qaeda affiliates with respect to 
     operational planning and execution, training, and funding.
       (5) The capacity of Nigerian security forces to counter the 
     threat posed by Boko Haram and an assessment of the 
     effectiveness of the strategy of the Nigerian government to 
     date.
       (6) Any intelligence gaps with respect to the leadership, 
     operational goals, and capabilities of Boko Haram.

[[Page S7050]]

       (b) Secretary of State Report.--Not later than 90 days 
     after the date the report required by subsection (a) is 
     submitted to Congress, the Secretary of State shall submit to 
     Congress a report describing the strategy of the United 
     States to counter the threat posed by Boko Haram.
                                 ______
                                 
  SA 3037. Mr. BROWN of Massachusetts 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 601 and insert the following:

     SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR ARMY 
                   NATIONAL GUARD AND AIR NATIONAL GUARD MEMBERS 
                   ON FULL-TIME NATIONAL GUARD DUTY.

       Section 403(g) of title 37, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(6)(A) The rate of basic allowance for housing to be paid 
     to a member of the Army National Guard of the United States, 
     or to a member of the Air National of the United States, 
     shall not be changed upon the transition of the member from 
     full-time National Guard duty to active duty unless the 
     transition--
       ``(i) occurs with a break in active service; or
       ``(ii) results in a permanent change of station and 
     shipment of household goods.
       ``(B) For purposes of subparagraph (A)(i), a break in 
     active service occurs when one or more calendar days between 
     active service periods do not qualify as active service.''.
                                 ______
                                 
  SA 3038. Ms. COLLINS (for herself, Mr. Lieberman, and Mr. Blumenthal) 
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 VII, add the following:

     SEC. 723. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF 
                   THE ARMED FORCES, THEIR DEPENDENTS, AND 
                   VETERANS.

       (a) Program for Members of the Armed Forces and 
     Dependents.--The Secretary of Defense and the Attorney 
     General shall jointly carry out a program (commonly referred 
     to as a ``prescription drug take-back program'') under which 
     members of the Armed Forces and dependents of members of the 
     Armed Forces may deliver controlled substances to military 
     medical treatment facilities to be disposed of in accordance 
     with section 302(g) of the Controlled Substances Act (21 
     U.S.C. 822(g)).
       (b) Program for Veterans.--The Secretary of Veterans 
     Affairs and the Attorney General shall jointly carry out a 
     program under which veterans may deliver controlled 
     substances to be disposed of in accordance with section 
     302(g) of the Controlled Substances Act.
       (c) Program Elements.--The programs required by this 
     section shall provide for the following:
       (1) In the case of the program required by subsection (a), 
     the delivery of controlled substances under the program to 
     such members of the Armed Forces, medical professionals, and 
     other employees of the Department of Defense, and to such 
     other acceptance mechanisms, as the Secretary of Defense and 
     the Attorney General jointly specify for purposes of the 
     program.
       (2) In the case of the program required by subsection (b), 
     the delivery of controlled substances under the program to 
     such employees of the Veterans Health Administration of the 
     Department of Veterans Affairs, and to such other acceptance 
     mechanisms, as the Secretary of Veterans Affairs and the 
     Attorney General jointly specify for purposes of the program.
       (3) Appropriate guidelines and procedures to prevent the 
     diversion, misuse, theft, or loss of controlled substances 
     delivered under such programs.
                                 ______
                                 
  SA 3039. Ms. COLLINS (for herself, Mr. Lieberman, and Mr. Blumenthal) 
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 VII, add the following:

     SEC. 723. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF 
                   THE ARMED FORCES, THEIR DEPENDENTS, AND 
                   VETERANS.

       (a) Program for Members of the Armed Forces and 
     Dependents.--The Secretary of Defense and the Attorney 
     General shall jointly carry out a program (commonly referred 
     to as a ``prescription drug take-back program'') under which 
     members of the Armed Forces and dependents of members of the 
     Armed Forces may deliver controlled substances to military 
     medical treatment facilities to be disposed of in accordance 
     with section 302(g) of the Controlled Substances Act (21 
     U.S.C. 822(g)).
       (b) Program for Veterans.--The Secretary of Veterans 
     Affairs and the Attorney General shall jointly carry out a 
     program under which veterans may deliver controlled 
     substances to be disposed of in accordance with section 
     302(g) of the Controlled Substances Act.
       (c) Program Elements.--The programs required by this 
     section shall provide for the following:
       (1) In the case of the program required by subsection (a), 
     the delivery of controlled substances under the program to 
     such members of the Armed Forces, medical professionals, and 
     other employees of the Department of Defense, and to such 
     other acceptance mechanisms, as the Secretary of Defense and 
     the Attorney General jointly specify for purposes of the 
     program.
       (2) In the case of the program required by subsection (b), 
     the delivery of controlled substances under the program to 
     such employees of the Veterans Health Administration of the 
     Department of Veterans Affairs, and to such other acceptance 
     mechanisms, as the Secretary of Veterans Affairs and the 
     Attorney General jointly specify for purposes of the program.
       (3) Appropriate guidelines and procedures to prevent the 
     diversion, misuse, theft, or loss of controlled substances 
     delivered under such programs.
                                 ______
                                 
  SA 3040. Ms. COLLINS (for herself and Mr. Lieberman) 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 VII, add the following:

     SEC. 735. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF 
                   THE ARMED FORCES AND THEIR DEPENDENTS.

       (a) Program Required.--The Secretary of Defense and the 
     Attorney General shall jointly carry out a program (commonly 
     referred to as a ``prescription drug take-back program'') 
     under which members of the Armed Forces and dependents of 
     members of the Armed Forces may deliver controlled substances 
     to military medical treatment facilities to be disposed of in 
     accordance with section 302(g) of the Controlled Substances 
     Act (21 U.S.C. 822(g)).
       (b) Program Elements.--The program required by subsection 
     (a) shall provide for the following:
       (1) The delivery of controlled substances under the program 
     to such members of the Armed Forces, medical professionals, 
     and other employees of the Department of Defense, and to such 
     other acceptance mechanisms, as the Secretary and the 
     Attorney General jointly specify for purposes of the program.
       (2) Appropriate guidelines and procedures to prevent the 
     diversion, misuse, theft, or loss of controlled substances 
     delivered under the program.
                                 ______
                                 
  SA 3041. Ms. COLLINS (for herself and Mr. Lieberman) 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 VII, add the following:

     SEC. 735. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR MEMBERS OF 
                   THE ARMED FORCES AND THEIR DEPENDENTS.

       (a) Program Required.--The Secretary of Defense and the 
     Attorney General shall jointly carry out a program (commonly 
     referred to as a ``prescription drug take-back program'') 
     under which members of the Armed Forces and dependents of 
     members of the Armed Forces may deliver controlled substances 
     to military medical treatment facilities to be disposed of in 
     accordance with section 302(g) of the Controlled Substances 
     Act (21 U.S.C. 822(g)).
       (b) Program Elements.--The program required by subsection 
     (a) shall provide for the following:
       (1) The delivery of controlled substances under the program 
     to such members of the Armed Forces, medical professionals, 
     and other employees of the Department of Defense, and to such 
     other acceptance mechanisms, as the Secretary and the 
     Attorney General jointly specify for purposes of the program.

[[Page S7051]]

       (2) Appropriate guidelines and procedures to prevent the 
     diversion, misuse, theft, or loss of controlled substances 
     delivered under the program.
                                 ______
                                 
  SA 3042. Ms. COLLINS (for herself, Mrs. Shaheen, Mr. Portman, Mr. 
Udall of Colorado, Ms. Snowe, and Mr. Wicker) 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 XV, add the following:

     SEC. 1536. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR 
                   EFFECT ON THE UNITED STATES TRANSITION STRATEGY 
                   FOR AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States security strategy in Afghanistan, as 
     established by the President and reaffirmed at the North 
     Atlantic Treaty Organization Conference in Chicago in May 
     2012 and the North Atlantic Treaty Organization Defense 
     Ministerial in Brussels in October 2012, prioritizes a 
     process of ``irreversible transition'' of security 
     responsibility from the International Security Assistance 
     Force (ISAF) to the Afghanistan National Security Forces 
     (ANSF) by the end of 2014, and the training of ``sufficient 
     and capable'' Afghanistan National Security Forces by the 
     Afghanistan Government through the assistance of 
     international donors.
       (2) As a key part of the strategy in Afghanistan, North 
     Atlantic Treaty Organization/International Security 
     Assistance Force (NATO/ISAF) forces have conducted partnered 
     combat and training operations with the Afghanistan National 
     Security Forces. In the course of these operations, as of 
     November 13, 2012, there have been at least 60 deaths and 80 
     non-fatal casualties from insider attacks conducted by 
     members of the Afghanistan National Security Forces or 
     insurgent infiltrators in Afghanistan in 2012. These attacks 
     account for 16 percent of coalition casualties in Afghanistan 
     in 2012, an almost three-fold increase in the percentage of 
     casualties caused by such attacks in 2011 and more than 16 
     times greater than the percentage of casualties caused by 
     such attacks in 2008 and earlier.
       (3) In September 2012, in a media interview, General John 
     Allen, Commander of North Atlantic Treaty Organization/
     International Security Assistance Force forces in 
     Afghanistan, stated that ``we're willing to sacrifice a lot 
     for this campaign, but we're not willing to be murdered for 
     it'', in response to a question on insider attacks in 
     Afghanistan.
       (4) In September 2012, General Martin Dempsey, Chairman of 
     the Joint Chiefs of Staff, stated that insider attacks in 
     Afghanistan were a ``very serious threat to the campaign'' 
     and stated that ``something has to change'' to rectify the 
     situation.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State and the Commander of 
     North Atlantic Treaty Organization/International Security 
     Assistance Force forces in Afghanistan, submit to Congress a 
     report on the attacks and associated threats by Afghanistan 
     National Security Forces personnel, Afghanistan National 
     Security Forces impersonators, and private security 
     contractors against United States, Afghanistan, and coalition 
     military and civilian personnel (``insider attacks'') in 
     Afghanistan, and the effect of these attacks on the overall 
     transition strategy in Afghanistan.
       (c) Elements.--The report required by subsection (b) shall 
     include the following:
       (1) A description of the nature and proximate causes of the 
     attacks described in subsection (b), including the following:
       (A) An estimate of the number of such attacks on United 
     States, Afghanistan, and coalition military personnel since 
     January 1, 2007.
       (B) An estimate of the number of United States, 
     Afghanistan, and coalition personnel killed or wounded in 
     such attacks.
       (C) The circumstances or conditions that may have 
     influenced such attacks.
       (D) An assessment of the threat posed by infiltration, and 
     a best assessment of the extent of infiltration by insurgents 
     into the Afghanistan National Security Forces.
       (E) A description of trends in the prevalence of such 
     attacks, including where such attacks occur, the political 
     and ethnic affiliation of attackers, and the targets of 
     attackers.
       (2) A description of the restrictions and other actions 
     taken by the United States and North Atlantic Treaty 
     Organization/International Security Assistance Force forces 
     to protect military and civilian personnel from future 
     insider attacks, including measures in predeployment 
     training.
       (3) A description of the actions taken by the Government of 
     Afghanistan to prevent and respond to insider attacks, 
     including improved vetting practices.
       (4) A description of the insider threat-related factors 
     that will influence the size and scope of the post-2014 
     training mission for the Afghanistan National Security 
     Forces.
       (5) An assessment of the impact of the insider attacks in 
     Afghanistan in 2012 on the overall transition strategy in 
     Afghanistan and its prospects for success, including an 
     assessment how such insider attacks impact--
       (A) partner operations between North Atlantic Treaty 
     Organization/International Security Assistance Force forces 
     and Afghanistan National Security Forces;
       (B) training programs for the Afghanistan National Security 
     Forces, including proposed training plans to be executed 
     during the post-2014 training mission for the Afghanistan 
     National Security Forces;
       (C) United States Special Forces training of the Afghan 
     Local Police and its integration into the Afghanistan 
     National Security Forces; and
       (D) the willingness of North Atlantic Treaty Organization/
     International Security Assistance Force allies to maintain 
     forces in Afghanistan or commit to the post-2014 training 
     mission for the Afghanistan National Security Forces.
       (6) An assessment of the impact that a reduction in 
     training and partnering would have on the independent 
     capabilities of the Afghanistan National Security Forces, and 
     whether the training of the Afghanistan National Security 
     Forces should remain a key component of the United States and 
     North Atlantic Treaty Organization strategy in Afghanistan.
       (d) Unclassified Executive Summary.--The report submitted 
     under subsection (c) shall include an executive summary of 
     the contents of the report in unclassified form.
                                 ______
                                 
  SA 3043. Ms. COLLINS (for herself, Mrs. Shaheen, Mr. Portman, Mr. 
Udall of Colorado, Ms. Snowe, and Mr. Wicker) 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 XV, add the following:

     SEC. 1536. REPORT ON INSIDER ATTACKS IN AFGHANISTAN AND THEIR 
                   EFFECT ON THE UNITED STATES TRANSITION STRATEGY 
                   FOR AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States security strategy in Afghanistan, as 
     established by the President and reaffirmed at the North 
     Atlantic Treaty Organization Conference in Chicago in May 
     2012 and the North Atlantic Treaty Organization Defense 
     Ministerial in Brussels in October 2012, prioritizes a 
     process of ``irreversible transition'' of security 
     responsibility from the International Security Assistance 
     Force (ISAF) to the Afghanistan National Security Forces 
     (ANSF) by the end of 2014, and the training of ``sufficient 
     and capable'' Afghanistan National Security Forces by the 
     Afghanistan Government through the assistance of 
     international donors.
       (2) As a key part of the strategy in Afghanistan, North 
     Atlantic Treaty Organization/International Security 
     Assistance Force (NATO/ISAF) forces have conducted partnered 
     combat and training operations with the Afghanistan National 
     Security Forces. In the course of these operations, as of 
     November 13, 2012, there have been at least 60 deaths and 80 
     non-fatal casualties from insider attacks conducted by 
     members of the Afghanistan National Security Forces or 
     insurgent infiltrators in Afghanistan in 2012. These attacks 
     account for 16 percent of coalition casualties in Afghanistan 
     in 2012, an almost three-fold increase in the percentage of 
     casualties caused by such attacks in 2011 and more than 16 
     times greater than the percentage of casualties caused by 
     such attacks in 2008 and earlier.
       (3) In September 2012, in a media interview, General John 
     Allen, Commander of North Atlantic Treaty Organization/
     International Security Assistance Force forces in 
     Afghanistan, stated that ``we're willing to sacrifice a lot 
     for this campaign, but we're not willing to be murdered for 
     it'', in response to a question on insider attacks in 
     Afghanistan.
       (4) In September 2012, General Martin Dempsey, Chairman of 
     the Joint Chiefs of Staff, stated that insider attacks in 
     Afghanistan were a ``very serious threat to the campaign'' 
     and stated that ``something has to change'' to rectify the 
     situation.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretary of State and the Commander of 
     North Atlantic Treaty Organization/International Security 
     Assistance Force forces in Afghanistan, submit to Congress a 
     report on the attacks and associated threats by Afghanistan 
     National Security Forces personnel, Afghanistan National 
     Security Forces impersonators, and private security 
     contractors against United States, Afghanistan, and coalition 
     military and civilian personnel (``insider attacks'') in 
     Afghanistan, and the effect of these attacks on the overall 
     transition strategy in Afghanistan.
       (c) Elements.--The report required by subsection (b) shall 
     include the following:
       (1) A description of the nature and proximate causes of the 
     attacks described in subsection (b), including the following:

[[Page S7052]]

       (A) An estimate of the number of such attacks on United 
     States, Afghanistan, and coalition military personnel since 
     January 1, 2007.
       (B) An estimate of the number of United States, 
     Afghanistan, and coalition personnel killed or wounded in 
     such attacks.
       (C) The circumstances or conditions that may have 
     influenced such attacks.
       (D) An assessment of the threat posed by infiltration, and 
     a best assessment of the extent of infiltration by insurgents 
     into the Afghanistan National Security Forces.
       (E) A description of trends in the prevalence of such 
     attacks, including where such attacks occur, the political 
     and ethnic affiliation of attackers, and the targets of 
     attackers.
       (2) A description of the restrictions and other actions 
     taken by the United States and North Atlantic Treaty 
     Organization/International Security Assistance Force forces 
     to protect military and civilian personnel from future 
     insider attacks, including measures in predeployment 
     training.
       (3) A description of the actions taken by the Government of 
     Afghanistan to prevent and respond to insider attacks, 
     including improved vetting practices.
       (4) A description of the insider threat-related factors 
     that will influence the size and scope of the post-2014 
     training mission for the Afghanistan National Security 
     Forces.
       (5) An assessment of the impact of the insider attacks in 
     Afghanistan in 2012 on the overall transition strategy in 
     Afghanistan and its prospects for success, including an 
     assessment how such insider attacks impact--
       (A) partner operations between North Atlantic Treaty 
     Organization/International Security Assistance Force forces 
     and Afghanistan National Security Forces;
       (B) training programs for the Afghanistan National Security 
     Forces, including proposed training plans to be executed 
     during the post-2014 training mission for the Afghanistan 
     National Security Forces;
       (C) United States Special Forces training of the Afghan 
     Local Police and its integration into the Afghanistan 
     National Security Forces; and
       (D) the willingness of North Atlantic Treaty Organization/
     International Security Assistance Force allies to maintain 
     forces in Afghanistan or commit to the post-2014 training 
     mission for the Afghanistan National Security Forces.
       (6) An assessment of the impact that a reduction in 
     training and partnering would have on the independent 
     capabilities of the Afghanistan National Security Forces, and 
     whether the training of the Afghanistan National Security 
     Forces should remain a key component of the United States and 
     North Atlantic Treaty Organization strategy in Afghanistan.
       (d) Unclassified Executive Summary.--The report submitted 
     under subsection (c) shall include an executive summary of 
     the contents of the report in unclassified form.
                                 ______
                                 
  SA 3044. Ms. COLLINS (for herself, Mr. Kerry, Mr. Brown of 
Massachusetts, Mr. Blumenthal, Mr. Whitehouse, Ms. Snowe, Mr. Brown of 
Ohio, and Mr. Reed) 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 VIII, add the following:

     SEC. 847. PILOT PROGRAM ON PROCUREMENT OF DOMESTICALLY-
                   PRODUCED ATHLETIC FOOTWEAR FOR MEMBERS OF THE 
                   ARMY UNDERGOING INITIAL ENTRY TRAINING.

       (a) Pilot Program Required.--Commencing not later than 120 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall carry out a pilot program to 
     determine the feasibility and advisability of requiring that 
     the athletic footwear used by Army recruits undergoing 
     Initial Entry Training complies with the domestic source 
     requirements in section 2533(a) of title 10, United States 
     Code.
       (b) Elements.--In carrying out the pilot program, the 
     Secretary shall--
       (1) ensure that Army recruits, upon beginning Initial Entry 
     Training, are provided with athletic footwear that complies 
     with the domestic source requirements referred to in 
     subsection (a), except that recruits may be provided with 
     athletic footwear that does not comply with such domestic 
     source requirements if such footwear is medically required to 
     meet unique physiological needs that cannot be met with 
     athletic footwear that complies with such requirements;
       (2) designate the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics as responsible for the 
     sourcing and distribution of athletic footwear produced in 
     compliance with such domestic source requirements for 
     purposes of the pilot program;
       (3) require that the Department of the Army direct the 
     appropriate program office to develop specifications for 
     athletic footwear to comply with such domestic source 
     requirements;
       (4) structure the pilot with the goal of incorporating 
     products from multiple domestic suppliers of athletic 
     footwear; and
       (5) require that to the extent any of the specified 
     components of the final footwear products cannot be sourced 
     domestically, necessary accommodations be made in accordance 
     with the provisions of section 2533a(c) of title 10, United 
     States Code.
       (c) Duration.--The Secretary shall carry out the pilot 
     program for not fewer than three years, and not more than 
     five years, beginning on the date of the commencement of the 
     pilot program.
       (d) Reports.--Not later than one year after the 
     commencement of the pilot, and every year thereafter while 
     the pilot program is being carried out, the Secretary shall 
     submit to Congress a report on the pilot program. Each report 
     shall set forth the following:
       (1) In the case of the first report, a description of the 
     measures taken to implement the contracting and acquisition 
     structures necessary to carry out the pilot program.
       (2) A description and assessment of the domestic industrial 
     base response to the requirement for production of athletic 
     footwear for purposes of the pilot program.
       (3) A comparative analysis of the costs associated with the 
     distribution of athletic footwear under the pilot program 
     with the costs associated with the distribution of athletic 
     footwear for Army recruits before the commencement of the 
     pilot program and with the costs associated with the 
     distribution of athletic footwear by the Armed Forces not 
     participating in the pilot program.
       (4) A description and assessment of the reliability of the 
     supply chain and inventory management for athletic footwear 
     under the pilot program.
       (5) An assessment of the feasibility and advisability of 
     expanding the pilot program to each other Armed Force, and a 
     description of any options for addressing potential 
     impediments to the expansion of the pilot program if 
     expansion is considered feasible and advisable.
                                 ______
                                 
  SA 3045. Ms. COLLINS (for herself, Mr. Kerry, Mr. Brown of 
Massachusetts, Mr. Blumenthal, Mr. Whitehouse, Ms. Snowe, and Mr. Brown 
of Ohio) 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 VIII, add the following:

     SEC. 847. PILOT PROGRAM ON PROCUREMENT OF DOMESTICALLY-
                   PRODUCED ATHLETIC FOOTWEAR FOR MEMBERS OF THE 
                   ARMY UNDERGOING INITIAL ENTRY TRAINING.

       (a) Pilot Program Required.--Commencing not later than 120 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall carry out a pilot program to 
     determine the feasibility and advisability of requiring that 
     the athletic footwear used by Army recruits undergoing 
     Initial Entry Training complies with the domestic source 
     requirements in section 2533(a) of title 10, United States 
     Code.
       (b) Elements.--In carrying out the pilot program, the 
     Secretary shall--
       (1) ensure that Army recruits, upon beginning Initial Entry 
     Training, are provided with athletic footwear that complies 
     with the domestic source requirements referred to in 
     subsection (a), except that recruits may be provided with 
     athletic footwear that does not comply with such domestic 
     source requirements if such footwear is medically required to 
     meet unique physiological needs that cannot be met with 
     athletic footwear that complies with such requirements;
       (2) designate the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics as responsible for the 
     sourcing and distribution of athletic footwear produced in 
     compliance with such domestic source requirements for 
     purposes of the pilot program;
       (3) require that the Department of the Army direct the 
     appropriate program office to develop specifications for 
     athletic footwear to comply with such domestic source 
     requirements;
       (4) structure the pilot with the goal of incorporating 
     products from multiple domestic suppliers of athletic 
     footwear; and
       (5) require that to the extent any of the specified 
     components of the final footwear products cannot be sourced 
     domestically, necessary accommodations be made in accordance 
     with the provisions of section 2533a(c) of title 10, United 
     States Code.
       (c) Duration.--The Secretary shall carry out the pilot 
     program for not fewer than three years, and not more than 
     five years, beginning on the date of the commencement of the 
     pilot program.
       (d) Reports.--Not later than one year after the 
     commencement of the pilot, and every year thereafter while 
     the pilot program is being carried out, the Secretary shall 
     submit to Congress a report on the pilot program. Each report 
     shall set forth the following:
       (1) In the case of the first report, a description of the 
     measures taken to implement the contracting and acquisition 
     structures necessary to carry out the pilot program.

[[Page S7053]]

       (2) A description and assessment of the domestic industrial 
     base response to the requirement for production of athletic 
     footwear for purposes of the pilot program.
       (3) A comparative analysis of the costs associated with the 
     distribution of athletic footwear under the pilot program 
     with the costs associated with the distribution of athletic 
     footwear for Army recruits before the commencement of the 
     pilot program and with the costs associated with the 
     distribution of athletic footwear by the Armed Forces not 
     participating in the pilot program.
       (4) A description and assessment of the reliability of the 
     supply chain and inventory management for athletic footwear 
     under the pilot program.
       (5) An assessment of the feasibility and advisability of 
     expanding the pilot program to each other Armed Force, and a 
     description of any options for addressing potential 
     impediments to the expansion of the pilot program if 
     expansion is considered feasible and advisable.
                                 ______
                                 
  SA 3046. Mr. BOOZMAN 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 CHILD CUSTODY ARRANGEMENTS FOR 
                   PARENTS WHO ARE MEMBERS OF THE UNIFORMED 
                   SERVICES.

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

     ``SEC. 208. CHILD CUSTODY PROTECTION.

       ``(a) Restriction on Temporary Custody Order.--If a court 
     renders a temporary order for custodial responsibility for a 
     child based solely on a deployment or anticipated deployment 
     of a parent who is a servicemember, then the court shall 
     require that, upon the return of the servicemember from 
     deployment, the custody order that was in effect immediately 
     preceding the temporary order shall be reinstated, unless the 
     court finds that such a reinstatement is not in the best 
     interest of the child, except that any such finding shall be 
     subject to subsection (b).
       ``(b) Exclusion of Military Service From Determination of 
     Child's Best Interest.--If a motion or a petition is filed 
     seeking a permanent order to modify the custody of the child 
     of a servicemember, no court may consider the absence of the 
     servicemember by reason of deployment, or the possibility of 
     deployment, as the sole factor in determining the best 
     interest of the child.
       ``(c) No Federal Jurisdiction or Right of Action or 
     Removal.--Nothing in this section shall create a Federal 
     right of action or otherwise give rise to Federal 
     jurisdiction or create a right of removal.
       ``(d) Preemption.--In any case where State law applicable 
     to a child custody proceeding involving a temporary order as 
     contemplated in this section provides a higher standard of 
     protection to the rights of the parent who is a deploying 
     servicemember than the rights provided under this section 
     with respect to such temporary order, the appropriate court 
     shall apply the higher State standard.
       ``(e) Deployment Defined.--In this section, the term 
     `deployment' means the movement or mobilization of a 
     servicemember to a location for a period of longer than 60 
     days and not longer than 540 days pursuant to temporary or 
     permanent official orders--
       ``(1) that are designated as unaccompanied;
       ``(2) for which dependent travel is not authorized; or
       ``(3) that otherwise do not permit the movement of family 
     members to that location.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by adding at the end of the items 
     relating to title II the following new item:

``208. Child custody protection.''.
                                 ______
                                 
  SA 3047. Mr. REID 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. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 
                   SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
                   RETIREES.

       (a) In General.--Section 1413a(b)(3) of title 10, United 
     States Code, is amended by striking ``shall be reduced by the 
     amount (if any) by which the amount of the member's retired 
     pay under chapter 61 of this title exceeds'' both places it 
     appears and inserting ``may not, when combined with the 
     amount of retired pay payable to the retiree after any such 
     reduction under sections 5304 and 5305 of title 38, cause the 
     total of such combined payment to exceed''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2013, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 3048. Mr. REID 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. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   MILITARY RETIREES WITH COMPENSABLE SERVICE-
                   CONNECTED DISABILITIES.

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

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

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

``1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2013, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 644. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Amendments To Standardize Similar Provisions.--
       (1) Qualified retirees.--Subsection (a) of section 1414 of 
     title 10, United States Code, as amended by section 643(a) of 
     this Act, is further amended--
       (A) by striking ``a member or'' and all that follows 
     through ``retiree')'' and inserting ``a qualified retiree''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(2) Qualified retirees.--For purposes of this section, a 
     qualified retiree, with respect to any month, is a member or 
     former member of the uniformed services who--
       ``(A) is entitled to retired pay (other by reason of 
     section 12731b of this title); and
       ``(B) is also entitled for that month to veterans' 
     disability compensation.''.
       (2) Disability retirees.--Paragraph (2) of subsection (b) 
     of section 1414 of such title is amended to read as follows:
       ``(2) Special rule for retirees with fewer than 20 years of 
     service.--The retired pay of a qualified retiree who is 
     retired under chapter 61 of this title with fewer than 20 
     years of creditable service is subject to reduction by the 
     lesser of--
       ``(A) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(B) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to 2\1/2\ percent of the member's years of creditable 
     service multiplied by the member's retired pay base under 
     section 1406(b)(1) or 1407 of this title, whichever is 
     applicable to the member.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2013, and shall apply to 
     payments for months beginning on or after that date.

     SEC. 645. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED 
                   SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY 
                   RETIREES.

       (a) In General.--Section 1413a(b)(3) of title 10, United 
     States Code, is amended by striking ``shall be reduced by the 
     amount (if any) by which the amount of the member's retired 
     pay under chapter 61 of this title exceeds'' both places it 
     appears and inserting ``may not, when combined with the 
     amount of retired pay payable to the retiree after any such 
     reduction under sections 5304 and 5305 of title 38, cause the 
     total of such combined payment to exceed''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2013, and shall apply to 
     payments for months beginning on or after that date.
                                 ______
                                 
  SA 3049. Mr. UDALL of New Mexico (for himself, Mr. Corker, Mr. 
Schumer,

[[Page S7054]]

Ms. Snowe, Mr. Bingaman, Mrs. McCaskill, Mr. Wyden, 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 H of title X, add the following:

     SEC. 1084. ESTABLISHMENT OF OPEN BURN PIT REGISTRY.

       (a) Establishment of Registry.--Not later than 270 days 
     after the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall--
       (1) establish and maintain an open burn pit registry for 
     eligible individuals who may have been exposed to toxic 
     airborne chemicals and fumes caused by open burn pits;
       (2) include any information in such registry that the 
     Secretary of Veterans Affairs determines necessary to 
     ascertain and monitor the health effects of the exposure of 
     members of the Armed Forces to toxic airborne chemicals and 
     fumes caused by open burn pits;
       (3) develop a public information campaign to inform 
     eligible individuals about the open burn pit registry, 
     including how to register and the benefits of registering; 
     and
       (4) periodically notify eligible individuals of significant 
     developments in the study and treatment of conditions 
     associated with exposure to toxic airborne chemicals and 
     fumes caused by open burn pits.
       (b) Report to Congress.--
       (1) Reports by independent scientific organization.--The 
     Secretary of Veterans Affairs shall enter into an agreement 
     with an independent scientific organization to prepare 
     reports as follows:
       (A) Not later than two years after the date on which the 
     registry under subsection (a) is established, an initial 
     report containing the following:
       (i) An assessment of the effectiveness of actions taken by 
     the Secretaries to collect and maintain information on the 
     health effects of exposure to toxic airborne chemicals and 
     fumes caused by open burn pits.
       (ii) Recommendations to improve the collection and 
     maintenance of such information.
       (iii) Using established and previously published 
     epidemiological studies, recommendations regarding the most 
     effective and prudent means of addressing the medical needs 
     of eligible individuals with respect to conditions that are 
     likely to result from exposure to open burn pits.
       (B) Not later than five years after completing the initial 
     report described in subparagraph (A), a follow-up report 
     containing the following:
       (i) An update to the initial report described in 
     subparagraph (A).
       (ii) An assessment of whether and to what degree the 
     content of the registry established under subsection (a) is 
     current and scientifically up-to-date.
       (2) Submittal to congress.--
       (A) Initial report.--Not later than two years after the 
     date on which the registry under subsection (a) is 
     established, the Secretary of Veterans Affairs shall submit 
     to Congress the initial report prepared under paragraph 
     (1)(A).
       (B) Follow-up report.--Not later than five years after 
     submitting the report under subparagraph (A), the Secretary 
     of Veterans Affairs shall submit to Congress the follow-up 
     report prepared under paragraph (1)(B).
       (3) Cooperation by secretary of defense.--
       (A) In general.--The Secretary of Defense shall cooperate 
     with the Secretary of Veterans Affairs and the organization 
     with whom the Secretary of Veterans Affairs enters into an 
     agreement under paragraph (1) in the preparation of the 
     reports required by such paragraph.
       (B) Provision of data.--In cooperating as required by 
     subparagraph (A), the Secretary of Defense shall provide the 
     Secretary of Veterans Affairs and the organization described 
     in such subparagraph with any and all data that is possessed 
     or obtainable by the Secretary of Defense that is relevant to 
     the preparation of the reports required by paragraph (1).
       (c) Definitions.--In this section:
       (1) Eligible individual.--The term ``eligible individual'' 
     means any individual who, on or after September 11, 2001--
       (A) was deployed in support of a contingency operation 
     while serving in the Armed Forces; and
       (B) during such deployment, was based or stationed at a 
     location where an open burn pit was used.
       (2) Open burn pit.--The term ``open burn pit'' means an 
     area of land located in Afghanistan or Iraq that--
       (A) is designated by the Secretary of Defense to be used 
     for disposing solid waste by burning in the outdoor air; and
       (B) does not contain a commercially manufactured 
     incinerator or other equipment specifically designed and 
     manufactured for the burning of solid waste.
                                 ______
                                 
  SA 3050. Mr. McCAIN 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 XV, add the following:

     SEC. 1536. SUBMITTAL TO CONGRESS OF RISK ASSESSMENTS ON 
                   CHANGES IN UNITED STATES TROOP LEVELS IN 
                   AFGHANISTAN.

       (a) Submittal Required.--Not later than 30 days after a 
     decision by the President to change the levels of United 
     States Armed Forces deployed in Afghanistan, the Chairman of 
     the Joint Chiefs of Staff shall submit to the congressional 
     defense committees a detailed assessment of the risk posed by 
     such change in levels to the United States mission and 
     interests in Afghanistan.
       (b) Elements.--The risk assessment under subsection (a) on 
     a change in levels of United States Armed Forces in 
     Afghanistan shall include the following:
       (1) A description of the current security situation in 
     Afghanistan.
       (2) A description of any anticipated changes to United 
     States military operations and objectives in Afghanistan 
     resulting from such change in levels.
       (3) An identification and assessment of any changes in 
     United States military capabilities, including manpower, 
     logistics, intelligence, and mobility support, in Afghanistan 
     resulting from such change in levels.
       (4) An identification and assessment of the risk associated 
     with any changes in United States military capabilities, 
     operations, and objectives in Afghanistan resulting from such 
     change in levels.
       (5) An identification and assessment of any capability gaps 
     within the Afghanistan security forces that will impact their 
     ability to conduct operations following such change in 
     levels.
       (6) An identification and assessment of the risk associated 
     with the transition of combat responsibilities to the 
     Afghanistan security forces following such change in levels.
       (7) An assessment of the impact of such change in levels on 
     coalition military contributions to the mission in 
     Afghanistan.
       (8) A description of the assumptions to be in force 
     regarding the security situation in Afghanistan following 
     such change in levels.
       (9) Such other matters regarding such change in levels as 
     the Chairman considers appropriate.
                                 ______
                                 
  SA 3051. Mr. McCAIN (for himself, Mr. Portman, Mr. Webb, Mr. Inhofe, 
Ms. Ayotte, Mr. Brown of Massachusetts, and Mr. Cornyn) 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; as 
follows:

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

     SEC. 402. ADDITIONAL MARINE CORPS PERSONNEL FOR THE MARINE 
                   CORPS SECURITY GUARD PROGRAM.

       (a) Additional Personnel.--
       (1) In general.--The Secretary of Defense shall develop and 
     implement a plan which shall increase the number of Marine 
     Corps personnel assigned to the Marine Corps Embassy Security 
     Group at Quantico, Virginia, and Marine Security Group 
     Regional Commands and Marine Security Group detachments at 
     United States missions around the world by up to 1,000 
     Marines during fiscal years 2014 through 2017.
       (2) Purpose.--The purpose of the increase under paragraph 
     (1) shall be to provide the end strength and resources 
     necessary to support an increase in Marine Corps security at 
     United States consulates and embassies throughout the world, 
     and in particular at locations identified by the Secretary of 
     State as in need of increased security in light of threats to 
     United States personnel and property by terrorists.
       (b) Consultation.--The Secretary of Defense shall develop 
     and implement the plan required by subsection (a) in 
     consultation with the Secretary of State pursuant to the 
     responsibility of the Secretary of State for diplomatic 
     security under section 103 of the Diplomatic Security Act (22 
     U.S.C. 4802), and in accordance with any current memorandum 
     of understanding between the Department of State and the 
     Marine Corps on the operational and administrative 
     supervision of the Marine Corps Security Guard Program.
       (c) Funding.--
       (1) Budget requests.--The budget of the President for each 
     fiscal year after fiscal year 2013, as submitted to Congress 
     pursuant to section 1105(a) of title 31, United States Code, 
     shall set forth as separate line elements, under the amounts 
     requested for such fiscal year for each of procurement, 
     operation and maintenance, and military personnel to fully 
     fund each of the following:
       (A) The Marine Corps.
       (B) The Marine Corps Security Guard Program, including for 
     the additional personnel

[[Page S7055]]

     under the Marine Corps Security Guard Program as result of 
     the plan required by subsection (a).
       (2) Preservation of funding for usmc under national 
     military strategy.--In determining the amounts to be 
     requested for a fiscal year for the Marine Corps Security 
     Guard Program and for additional personnel under the Marine 
     Corps Security Guard Program under paragraph (1), the 
     President shall ensure that amounts requested for the Marine 
     Corps for that fiscal year do not degrade the readiness of 
     the Marine Corps to fulfill the requirements of the National 
     Military Strategy.
       (d) Reports.--
       (1) Reports on program.--Not later than October 1, 2014, 
     and annually thereafter through October 1, 2017, the 
     Secretary of Defense shall, in coordination with the 
     Secretary of State, submit to Congress a report on the Marine 
     Corps Security Guard Program. Each report shall include the 
     following:
       (A) A description of the expanded security support provided 
     by Marine Corps Security Guards to the Department of State 
     during the fiscal year ending on the date of such report, 
     including--
       (i) any increased internal security provided at United 
     States embassies and consulates throughout the world;
       (ii) any increased support for emergency action planning, 
     training, and advising of host nation security forces; and
       (iii) any expansion of intelligence collection activities.
       (B) A description of the current status of Marine Corps 
     personnel assigned to the Program as a result of the plan 
     required by subsection (a).
       (C) A description of the Department of Defense resources 
     required in the fiscal year ending on the date of such report 
     to support the Marine Corps Security Guard program, including 
     total end strength and key supporting programs that enable 
     both its current and expanded mission during such fiscal 
     year.
       (D) A reassessment of the mission of the Program, as well 
     as procedural rules of engagement under the Program, in light 
     of current and emerging threats to United States diplomatic 
     personnel, and a description and assessment of options to 
     improve the Program to respond to such threats.
       (E) An assessment of the feasibility and advisability of 
     authorizing, funding, and administering the Program as a 
     separate program within the Marine Corps, and if such actions 
     are determined to be feasible and advisable, recommendations 
     for legislative and administrative actions to provide for 
     authorizing, funding, and administering the Program as a 
     separate program within the Marine Corps.
       (2) Report on changes in scope of program in response to 
     changing threats.--If the President determines that a 
     modification (whether an increase or a decrease) in the scope 
     of the Marine Corps Security Guard Program is necessary or 
     advisable in light of any change in the nature of threats to 
     United States embassies, consulates and other diplomatic 
     facilities abroad, the President shall--
       (A) notify Congress of such modification and the change in 
     the nature of threats prompting such modification; and
       (B) take such modification into account in requesting an 
     end strength and funds for the Program for any fiscal year in 
     which such modification is in effect.
                                 ______
                                 
  SA 3052. Mr. McCAIN 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 MILITARY RESOURCES NECESSARY TO EXECUTE 
                   UNITED STATES FORCE POSTURE STRATEGY IN THE 
                   ASIA PACIFIC REGION.

       (a) Review Required.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Chairman of the Joint Chiefs of Staff, 
     conduct a comprehensive review of the national defense 
     strategy, force structure, force modernization plans, 
     infrastructure, budget plan, and other elements of the 
     defense program and policies of the United States with regard 
     to the Asia Pacific region to determine the resources, 
     equipment, and transportation required to meet the strategic 
     and operational plans of the United States.
       (2) Elements.--The review required under paragraph (1) 
     shall include the following elements:
       (A) The force structure, force modernization plans, 
     infrastructure, budget plan, and other elements of the 
     defense program of the United States associated with the Asia 
     Pacific region that would be required to execute successfully 
     the full range of missions called for in the national defense 
     strategy.
       (B) An estimate of the timing for initial and final 
     operational capability for each unit based in, realigned 
     within, or identified for support to the Asia Pacific region.
       (C) An assessment of the strategic and tactical sea, 
     ground, and air transportation required for the forces 
     assigned to the Asia Pacific region to meet strategic and 
     operational plans.
       (D) The specific capabilities, including the general number 
     and type of specific military platforms, their permanent 
     station, and planned forward operating locations needed to 
     achieve the strategic and warfighting objectives identified 
     in the review.
       (E) The forward presence, phased deployments, pre-
     positioning, and other anticipatory deployments of manpower 
     or military equipment necessary for conflict deterrence and 
     adequate military response to anticipated conflicts.
       (F) The budget plan that would be required to provide 
     sufficient resources to execute successfully the full range 
     of missions and phased operations in the Asia Pacific region 
     at a low-to-moderate level of risk and any additional 
     resources (beyond those programmed in the current future-
     years defense program) required to achieve such a level of 
     risk.
       (G) Budgetary recommendations that are not constrained to 
     comply with and are fully independent of the budget submitted 
     to Congress by the President pursuant to section 1105 of 
     title 31, United States Code.
       (b) CJCS Review.--Upon the completion of the review under 
     subsection (a), the Chairman of the Joint Chiefs of Staff 
     shall prepare and submit to the Secretary of Defense the 
     Chairman's assessment of the review, including the Chairman's 
     assessment of risk and a description of the capabilities 
     needed to address such risk.
       (c) Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the results of the review required under subsection (a).
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) A description of the elements set forth under 
     subsection (a)(1).
       (B) A description of the assumptions used in the 
     examination, including assumptions relating to--
       (i) the status of readiness of the Armed Forces;
       (ii) the cooperation of allies, mission-sharing, and 
     additional benefits to and burdens on the Armed Forces 
     resulting from coalition operations;
       (iii) warning times;
       (iv) levels of engagement in operations other than war and 
     smaller-scale contingencies and withdrawal from such 
     operations and contingencies;
       (v) the intensity, duration, and military and political 
     end-states of conflicts and smaller-scale contingencies; and
       (vi) the roles and responsibilities that would be 
     discharged by contractors.
       (C) Any other matters the Secretary of Defense considers 
     appropriate.
       (D) The assessment of the Chairman of the Joint Chiefs of 
     Staff under subsection (b), including related comments of the 
     Secretary of Defense.
       (3) Form.--The report required under paragraph (1) may be 
     submitted in classified or unclassified form.
                                 ______
                                 
  SA 3053. Mr. McCAIN (for himself, Mrs. Feinstein, Mr. Nelson of 
Florida, Mr. Johanns, and Mrs. Boxer) 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. TRANSFER OF EXCESS AIRCRAFT FOR WILDFIRE 
                   SUPPRESSION PURPOSES.

       (a) Transfer.--Subject to subsection (c), the Secretary of 
     Defense shall transfer excess aircraft specified in 
     subsection (b) to the Secretary of Agriculture for use by the 
     Forest Service for wildfire suppression purposes. The 
     transfer of any excess aircraft under this subsection shall 
     be without reimbursement.
       (b) Aircraft.--
       (1) In general.--The aircraft transferred under subsection 
     (a) are aircraft of the Department of Defense that are--
       (A) identified by the Forest Service as a suitable platform 
     for wildfire suppression missions;
       (B) subject to paragraph (2), excess to the needs of the 
     Department of Defense, as determined by the Secretary of 
     Defense; and
       (C) acceptable for use by the Forest Service, as determined 
     by the Secretary of Agriculture.
       (2) Limitation on determination as excess.--Aircraft may 
     not be determined to be excess for purposes of this 
     subsection if such aircraft are expressly prohibited from 
     being determined excess by law.
       (c) Priority in Transfer.--The Secretary of Agriculture 
     shall be afforded a priority in the transfer under subsection 
     (a) of excess aircraft of the Department of Defense specified 
     in subsection (b) before any other department or agency of 
     the Federal Government.
       (d) Conditions of Transfer.--Excess aircraft transferred 
     under subsection (a)--

[[Page S7056]]

       (1) may be used only for wildfire suppression purposes; and
       (2) may not be flown or otherwise removed from the United 
     States unless dispatched by the National Interagency Fire 
     Center in support of an international agreement to assist in 
     wildfire suppression efforts or for other purposes approved 
     by the Secretary of Agriculture in writing in advance.
       (e) Expiration of Authority.--The authority to transfer 
     excess aircraft under subsection (a) shall expire on December 
     31, 2013.

     SEC. 1085. REAUTHORIZATION OF SALE OF AIRCRAFT AND PARTS FOR 
                   WILDFIRE SUPPRESSION PURPOSES.

       Section 2 of the Wildfire Suppression Aircraft Transfer Act 
     of 1996 (10 U.S.C. 2576 note) is amended--
       (1) in subsection (a), by striking ``during the period 
     beginning on October 1, 1996, and ending on September 30, 
     2005'' and inserting ``during a period specified in 
     subsection (g)'';
       (2) by redesignating subsection (g) as subsection (h); and
       (3) by inserting after subsection (f) the following new 
     subsection (g):
       ``(g) Periods for Exercise of Authority.--The periods 
     specified in this subsection are the following:
       ``(1) The period beginning on October 1, 1996, and ending 
     on September 30, 2005.
       ``(2) The period beginning on October 1, 2012, and ending 
     on September 30, 2017.''.
                                 ______
                                 
  SA 3054. Mr. McCAIN 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. NOTICE TO CONGRESS AND WAIT ON PROPOSALS TO NAME 
                   NAVAL VESSELS.

       Section 7292 of title 10, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d) The Secretary of the Navy may not announce or 
     implement any proposal to name a vessel of the Navy until 30 
     days after the date on which the Secretary submits to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report setting forth such proposal.''.
                                 ______
                                 
  SA 3055. Mr. MANCHIN (for himself and Mrs. Boxer) 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. ADVANCEMENT OF BRIGADIER GENERAL CHARLES E. YEAGER, 
                   UNITED STATES AIR FORCE (RETIRED), ON THE 
                   RETIRED LIST.

       (a) Advancement.--Brigadier General Charles E. Yeager, 
     United States Air Force (retired), is entitled to hold the 
     rank of major general while on the retired list of the Air 
     Force.
       (b) Additional Benefits Not To Accrue.--The advancement of 
     Charles E. Yeager on the retired list of the Air Force under 
     subsection (a) shall not affect the retired pay or other 
     benefits from the United States to which Charles E. Yeager is 
     now or may in the future be entitled based upon his military 
     service or affect any benefits to which any other person may 
     become entitled based on his service.
                                 ______
                                 
  SA 3056. Mrs. HAGAN 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 B of title II, add the following:

     SEC. 216. EXTENSION OF AUTHORITY TO AWARD PRIZES FOR ADVANCED 
                   TECHNOLOGY ACHIEVEMENTS.

       Section 2374a(f) of title 10, United States Code, is 
     amended by striking ``September 30, 2013'' and inserting 
     ``September 30, 2014''.
                                 ______
                                 
  SA 3057. Mr. CASEY (for himself and Mr. Warner) 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 FOREIGN AREA OFFICER PROGRAM.

       (a) Study and Report Required.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall conduct a study and submit to the congressional 
     defense committees a report on the Foreign Area Officer 
     program and implications of the strategic rebalance to the 
     Asia-Pacific region.
       (b) Matters Covered.--The study and report required under 
     subsection (a) shall cover the following matters:
       (1) The number of military personnel in the Foreign Area 
     Officer program by country and service in each combatant 
     commander's area of responsibility.
       (2) The number of women and minorities within the Foreign 
     Area Officer Program.
       (3) Planned actions to address the 30 percent shortage of 
     Foreign Area Officer personnel fill rates in the United 
     States Pacific Command, the United States Africa Command, and 
     the United States Special Operations Command.
       (4) A forecast of future Foreign Area Officer requirements.
       (5) A listing of the Department of Defense programs with 
     objectives similar to the Foreign Area Officer program and a 
     discussion of how they complement or are distinct from the 
     Foreign Area Officer program.
       (6) Planned actions to ensure Foreign Area Officers 
     maintain the skills acquired through the program when serving 
     in a non-Foreign Area Officer capacity, including language 
     skills, cultural understanding, and regional knowledge.
       (7) Planned actions in creating a Foreign Area Officer 
     Reserve Corps across all services that is fully trained and 
     capable of carrying out Foreign Area Officer missions.
       (8) A description of mechanisms that the Department of 
     Defense utilizes to maintain a connection to Foreign Area 
     Officer program alumni and a discussion on the effectiveness 
     of each mechanism.
       (c) Recommendations.--The report submitted under subsection 
     (a) shall include recommendations for any legislation 
     necessary to enhance the Foreign Area Officer program in 
     support of the newly articulated rebalance to the Asia-
     Pacific.
                                 ______
                                 
  SA 3058. Mrs. GILLIBRAND (for herself, Mr. Lieberman, Mr. Blumenthal, 
Mr. Kerry, Mr. Brown of Massachusetts, Mr. Begich, Mr. Menendez, Mr. 
Sanders, Mr. Akaka, Ms. Mikulski, Mr. Leahy, and Mr. Brown of Ohio) 
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) Certain Treatment of Autism.--
       (1) In general.--Chapter 55 of title 10, United States 
     Code, is amended by inserting after section 1077 the 
     following new section:

     ``Sec. 1077a. Treatment of autism under the TRICARE program

       ``(a) In General.--Except as provided in subsection (c), 
     for purposes of providing health care services under this 
     chapter, the treatment of autism spectrum disorders shall 
     include behavioral health treatment, including applied 
     behavior analysis, when prescribed by a physician.
       ``(b) Requirements in Provision of Services.--In carrying 
     out subsection (a), the Secretary of Defense shall ensure 
     that--
       ``(1) except as provided by paragraph (2), a person who is 
     authorized to provide behavioral health treatment is licensed 
     or certified by a State or accredited national certification 
     board; and
       ``(2) if applied behavior analysis or other behavioral 
     health treatment is provided by an employee or contractor of 
     a person described in paragraph (1), 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.
       ``(c) Exclusions.--Subsection (a) shall not apply to the 
     following:
       ``(1) Covered beneficiaries under this chapter who are 
     entitled to hospital insurance benefits under part A of title 
     XVIII of the Social Security Act.
       ``(2) Covered beneficiaries under this chapter who are 
     former members, dependents of former members, or survivors of 
     any uniformed service not under the jurisdiction of the 
     Department of Defense.
       ``(d) Construction With Other Benefits.--(1) Nothing in 
     this section 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--
       ``(A) 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

[[Page S7057]]

       ``(B) being a dependent of a member of a service described 
     in subparagraph (A).
       ``(2) Nothing in this section shall be construed as 
     limiting or otherwise affecting the benefits provided to a 
     medicare-eligible beneficiary under--
       ``(A) this chapter;
       ``(B) part A of title XVIII of the Social Security Act (42 
     U.S.C. 1395c et seq.); or
       ``(C) any other law.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by inserting 
     after the item relating to section 1077 the following new 
     item:

``1077a. Treatment of autism under the TRICARE program.''.

       (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 section 1077a of 
     title 10, United States Code (as added by subsection (a)).
       (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 3059. Mr. TOOMEY 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 ESTABLISHMENT OF JOINT ARMED FORCES 
                   HISTORICAL STORAGE AND PRESERVATION FACILITY.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to the 
     congressional defense committees a report setting forth an 
     assessment of the feasability and advisability of 
     establishing a joint Armed Forces historical storage and 
     preservation facility. The report shall include a description 
     and assessment of the current capacities and qualities of the 
     historical storage and preservation facilities of each of the 
     Armed Forces, including the following:
       (1) An identification of any excess capacity at any such 
     facility.
       (2) An identification of any shortfalls in the capacity or 
     quality of such facilities of any Armed Force, and a 
     description of possible actions to address such shortfalls.
                                 ______
                                 
  SA 3060. Mr. TOOMEY (for himself and Mr. Burr) 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. PILOT PROGRAM ON PROVIDING VETERANS WITH ACCESS AT 
                   ONE-STOP CENTERS TO INTERNET WEBSITES TO 
                   FACILITATE ONLINE JOB SEARCHES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Labor shall 
     commence a pilot program to assess the feasibility and 
     advisability of providing veterans seeking employment with 
     access to computing facilities to facilitate the access of 
     such veterans to Internet websites that--
       (1) match such veterans with available jobs based on the 
     skills the veterans acquired as members of the Armed Forces; 
     and
       (2) allow employers to post information about available 
     jobs.
       (b) Duration.--The pilot program required by subsection (a) 
     shall be carried out during the one-year period beginning on 
     the date on which the Secretary commences the pilot program.
       (c) Locations.--The pilot program shall be carried out at 
     such one-stop centers and such other locations as the 
     Secretary of Labor considers appropriate for purposes of the 
     pilot program.
       (d) Assistance With Use of Internet Websites.--
       (1) In general.--Under the pilot program, the Secretary of 
     Labor shall provide each veteran using computing facilities 
     made available under the pilot program with assistance in 
     using such facilities to find employment via Internet 
     websites described in subsection (a).
       (2) Disabled veterans' outreach program specialists and 
     local veterans' employment representatives.--Each State that 
     employs a disabled veterans' outreach program specialist 
     under section 4103A of title 38, United States Code, or a 
     local veterans' employment representative under section 4104 
     of such title shall make such employees available to the 
     Secretary of Labor for purposes of providing assistance under 
     paragraph (1).
       (e) Report.--Not later than 455 days after the date of the 
     enactment of this Act, the Secretary of Labor shall submit to 
     the Committee on Veterans' Affairs and the Committee on 
     Heath, Education, Labor, and Pensions of the Senate and the 
     Committee on Veterans' Affairs and the Committee on Education 
     and the Workforce of the House of Representatives a report on 
     the pilot program that includes the findings of the Secretary 
     with respect to the feasibility and advisability of providing 
     computing facilities as described in subsection (a) with 
     assistance as described in subsection (d) at all one-stop 
     centers.
       (f) Funding.--Amounts made available to the Secretary of 
     Labor to make grants or contracts under section 4102A(b)(5) 
     of title 38, United States Code, shall be available to the 
     Secretary to carry out the pilot program required by 
     subsection (a).
       (g) One-stop Center Defined.--In this section, the term 
     ``one-stop center'' means a center described in section 
     134(c) of the Workforce Investment Act of 1998 (29 U.S.C. 
     2864(c)).

     SEC. 1085. REPEAL OF REQUIREMENT FOR ANNUAL REPORT BY 
                   SECRETARY OF VETERANS AFFAIRS ON USE OF 
                   AUTHORITIES TO ENHANCE RETENTION OF EXPERIENCED 
                   NURSES.

       (a) In General.--Section 7324 of title 38, United States 
     Code, is hereby repealed.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by striking 
     the item relating to section 7324.
                                 ______
                                 
  SA 3061. Mr. TOOMEY 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 XII, insert the 
     following:

     SEC. 1246. CONTINGENT LIMITATION ON AVAILABILITY OF FUNDS FOR 
                   UNITED STATES PARTICIPATION IN JOINT MILITARY 
                   EXERCISES WITH EGYPT.

       (a) Limitation.--None of the funds authorized to be 
     appropriated by this Act may be made used for United States 
     participation in joint military exercises with Egypt if the 
     Government of Egypt abrogates, terminates, or withdraws from 
     the 1979 Egypt-Israel peace treaty signed at Washington, 
     D.C., on March 26, 1979.
       (b) Waiver.--The President may waive the limitation in 
     subsection (a) if the President certifies to Congress in 
     writing that the waiver is in the national security interests 
     of the United States.
                                 ______
                                 
  SA 3062. Mr. TOOMEY 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. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR 
                   SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT 
                   ACCOUNTABILITY OFFICE REPORTS TO CONGRESS.

       The Comptroller General of the United States shall include 
     in the annual report to Congress on the Government 
     Accountability Office each year a list of the most common 
     grounds for sustaining protests relating to bids for 
     contracts during such year.
                                 ______
                                 
  SA 3063. Mr. TOOMEY 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 XV, add the following:

     SEC. 1536. SENSE OF SENATE THAT THE UNITED STATES SHOULD 
                   LEAVE NO MEMBER OF THE ARMED FORCES UNACCOUNTED 
                   FOR IN THE WITHDRAWAL OF FORCES FROM 
                   AFGHANISTAN.

       (a) Findings.--The Senate makes the following findings:
       (1) The United States is a Nation of great honor and 
     integrity.
       (2) The United States has made a sacred promise to members 
     of the Armed Forces who are deployed overseas in defense of 
     this country that their sacrifice and service will never be 
     forgotten.
       (3) The United States can never thank the proud members of 
     the Armed Forces enough for what they do for this country on 
     a daily basis.

[[Page S7058]]

       (b) Sense of Senate.--The Senate--
       (1) believes that abandoning the search efforts for members 
     of the Armed Forces who are missing or captured in the line 
     of duty now or in the future is unacceptable;
       (2) believes that the United States has a responsibility to 
     keep the promises made to members of the Armed Forces who 
     risk their lives on a daily basis on behalf of their fellow 
     Americans;
       (3) supports the United States Soldier's Creed and the 
     Warrior Ethos, which state that ``I will never leave a fallen 
     comrade''; and
       (4) believes that, while the United States is beginning the 
     strategic withdrawal of forces from Afghanistan, the United 
     States must continue to fulfill these important promises to 
     any member of the Armed Forces who is in a missing status or 
     captured as a result of service in Afghanistan now or in the 
     future.
                                 ______
                                 
  SA 3064. Mr. TOOMEY (for himself and Mr. Casey) 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. STUDY ON BRADLEY FIGHTING VEHICLE INDUSTRIAL BASE.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Army shall 
     conduct a study on the Bradley Fighting Vehicle industrial 
     base.
       (b) Content.--The study required under subsection (a) 
     shall--
       (1) assess the quantitative impacts of a production break 
     for the Bradley Fighting Vehicle, including the cost of 
     shutdown compared to the cost of continued production; and
       (2) assess the qualitative impacts of a production break 
     for the Bradley Fighting Vehicle, including the loss of a 
     specialized workforce and supplier base.
                                 ______
                                 
  SA 3065. Mr. TOOMEY 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. SUBMITTAL TO CONGRESS OF REPORT OF INTERAGENCY TASK 
                   FORCE ON MILITARY AND VETERANS MENTAL HEALTH.

       The Secretary of Defense and the Secretary of Health and 
     Human Services shall jointly submit to the congressional 
     defense committees the report of the Interagency Task Force 
     on Military and Veterans Mental Health, established pursuant 
     to section 6 of Executive Order 13625 (77 Fed. Reg. 54783), 
     of which they are the co-chairs, not later than 30 days after 
     the final publication of the report.
                                 ______
                                 
  SA 3066. Mr. TOOMEY 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 SIMULATED TACTICAL FLIGHT TRAINING IN A 
                   SUSTAINED GRAVITY ENVIRONMENT.

       (a) Independent Study Required.--The Secretary of Defense 
     shall provide for the conduct by an appropriate federally 
     funded research and development center (FFRDC) of a study on 
     the effectiveness of simulated tactical flight training in a 
     sustained gravity environment.
       (b) Elements.--The study conducted pursuant to subsection 
     (a) shall include the following:
       (1) An assessment of the effectiveness of high fidelity 
     simulated tactical flight training in a sustained gravity 
     environment generally, and, in particular, the effectiveness 
     of such training in preparing pilots to withstand and 
     tolerate the high-gravity forces associated with the 
     operation of high-performance combat aircraft (commonly 
     referred to as ``G readiness'' and ``G tolerance'').
       (2) An assessment of the cost savings to be achieved 
     through the use of simulated tactical flight training in a 
     sustained gravity environment, including cost savings 
     associated with operation and maintenance and life cycle 
     savings associated with aircraft and airframe usage.
       (3) An assessment of the safety benefits to be achieved 
     through the use of simulated tactical flight training in a 
     sustained gravity environment.
       (4) An identification and assessment of other benefits to 
     be achieved through the use of simulated tactical flight 
     training in a sustained gravity environment, including 
     benefits relating to physiological research and benefits 
     relating to reductions in carbon emissions.
       (5) An evaluation and comparison of tactical flight 
     simulators that could be used for simulated tactical flight 
     training in a sustained gravity environment.
       (6) Such other matters relating to the use of simulated 
     tactical flight training in a sustained gravity environment 
     as the Secretary shall specify for purposes of the study.
       (c) Report.--In providing for study pursuant to subsection 
     (a), the Secretary shall require the federally funded 
     research and development center conducting the study to 
     submit to the Secretary a report on the results of the study, 
     including the matters specified in subsection (b), by not 
     later than 18 months after the date of the enactment of this 
     Act.
       (d) Transmittal to Congress.--Not later than 90 days after 
     the submittal to the Secretary of the report required by 
     subsection (c), the Secretary shall transmit the report to 
     the congressional defense committees, together with any 
     comments of the Secretary in light of the report and such 
     recommendations for legislative or administrative action as 
     the Secretary considers appropriate regarding the use of 
     simulated tactical flight training in a sustained gravity 
     environment in light of the report.
                                 ______
                                 
  SA 3067. Mr. CORNYN 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 FUNDS TO ENTER INTO CONTRACTS OR 
                   AGREEMENTS WITH ROSOBORONEXPORT.

       None of the funds authorized to be appropriated by this Act 
     may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, to make a grant 
     to, or to provide a loan or loan guarantee to 
     Rosoboronexport.
                                 ______
                                 
  SA 3068. Mr. CORNYN (for himself, Mr. Menendez, and 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 I, add the following:

     SEC. 146. SALE OF F-16C/D MULTIROLE FIGHTER AIRCRAFT TO 
                   TAIWAN.

       The President shall carry out the sale of not fewer than 66 
     F-16C/D multirole fighter aircraft to Taiwan.
                                 ______
                                 
  SA 3069. Mr. CORNYN 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. PLAN TO PARTNER WITH STATE AND LOCAL ENTITIES TO 
                   ADDRESS VETERANS CLAIMS BACKLOG.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Veterans Affairs defines any claim 
     for benefits under laws administered by the Secretary of 
     Veterans Affairs as backlogged if the claim has been pending 
     for 125 days or more.
       (2) According to the Department, as of November 24, 2012, 
     there were 899,540 pending claims, with 604,583 (67.2 
     percent) of those considered backlogged.
       (3) The Department's data further shows that, on November 
     22, 2010, there were 749,934 claims pending, with only 
     244,129 (32.6 percent) of those considered backlogged.
       (4) During the past two years, both the overall number of 
     backlogged claims and the percentage of all pending claims 
     that are backlogged have doubled.
       (5) In order to reduce the claims backlog at regional 
     offices of the Department of Veterans Affairs located in 
     Texas, the Texas Veterans Commission announced two 
     initiatives on July 19, 2012, to partner with the Department 
     of Veterans Affairs--
       (A) to assist veterans whose claims are already backlogged 
     to complete development of those claims; and

[[Page S7059]]

       (B) to help veterans who are filing new claims to fully 
     develop those claims prior to filing them, shortening the 
     processing time required.
       (6) The common goal of the two initiatives of the Texas 
     Veterans Commission, called the ``Texas State Strike Force 
     Team'' and the ``Fully Developed Claims Team Initiative'', is 
     to reduce the backlog of claims pending in Texas by 17,000 
     within one year.
       (7) During the first two months of these new initiatives, 
     the Texas Veterans Commission helped veterans complete 
     development of more than 2,500 backlogged claims and assisted 
     veterans with the submission of more than 800 fully developed 
     claims.
       (8) In testimony before the Subcommittee on Disability 
     Assistance and Memorial Affairs of the Committee on Veterans' 
     Affairs of the House of Representatives on September 21, 
     2012, Diana Rubens, Deputy Under Secretary for Field 
     Operations of the Veterans Benefits Administration, indicated 
     that the Department of Veterans Affairs has experienced 
     positive outcomes in projects with the Texas Veterans 
     Commission, stating that both Veterans Service Organizations 
     ``and state and county service officers . . . are important 
     partners in VBA's transformation to better serve Veterans.''.
       (9) At the same hearing, Mr. John Limpose, director of the 
     regional office of the Department of Veterans Affairs in 
     Waco, Texas, testified that the ``TVC is working very, very 
     well'' with regional offices of the Department in Texas, 
     calling the Texas Veterans Commission a ``very positive story 
     that we can branch out into . . . all of our stakeholders.''.
       (b) Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a plan to reduce the current backlog 
     of pending claims for benefits under laws administered by the 
     Secretary and more efficiently process claims for such 
     benefits in the future.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A summary of all steps the Secretary has taken thus far 
     to partner with non-Federal entities in support of efforts to 
     reduce the backlog described in paragraph (1) and more 
     efficiently process claims described in such paragraph in the 
     future.
       (B) A plan for the Secretary to partner with non-Federal 
     entities, and when appropriate, provide financial support to 
     non-Federal entities, to support efforts to reduce such 
     backlog and more efficiently process such claims in the 
     future, including the following:
       (i) State and local agencies relating to veterans affairs.
       (ii) Organizations recognized by the Secretary for the 
     representation of veterans under section 5902 of title 38, 
     United States Code.
       (iii) Such other relevant government and non-government 
     entities as the Secretary considers appropriate.
       (C) A description of how the Secretary intends to leverage 
     partnerships with non-Federal entities described in 
     subparagraph (B) to eliminate such backlog, including through 
     increasing the percentage of claims that are fully developed 
     prior to submittal to the Secretary and ensuring that new 
     claims are fully developed prior to their submittal.
       (D) A description of what steps the Secretary has taken and 
     will take--
       (i) to expedite the processing of claims that are already 
     fully developed at the time of submittal; and
       (ii) to support initiatives by non-Federal entities 
     described in subparagraph (B) to help claimants gather and 
     submit necessary evidence for claims that were previously 
     filed but require further development.
                                 ______
                                 
  SA 3070. Mr. SHELBY 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. CERTIFICATE OF DOCUMENTATION FOR DRY DOCK.

       (a) Requirement to Issue.--Notwithstanding sections 12103, 
     12105, 12112, 55102, and 55103 of title 46, United States 
     Code, the Secretary of the department in which the Coast 
     Guard is operating shall issue a certificate of documentation 
     with appropriate endorsement for engaging in the coastwise 
     trade in the United States for Dry Dock 17 (formerly USN-YFD-
     17).
       (b) Notification of Transfer of Ownership.--A dry dock 
     issued a certificate of documentation under subsection (a) 
     shall submit to Congress a notification of any proposed 
     transfer of ownership of such dry dock not later than 120 
     days prior to the date of such proposed transfer.
                                 ______
                                 
  SA 3071. 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 V, add the following:

     SEC. 526. RESEARCH STUDY ON RESILIENCE IN MEMBERS OF THE 
                   ARMY.

       (a) Research Study Required.--
       (1) In general.--The Secretary of the Army shall carry a 
     research program on resilience in members of the Army.
       (2) Purpose.--The purpose of the research study shall be to 
     determine the effectiveness of the current Comprehensive 
     Soldier and Family Fitness (CSF2) Program of the Army while 
     verifying the current means of the Army to reduce trends in 
     high risk or self-destructive behavior and to prepare members 
     of the Army to manage stressful or traumatic situations by 
     training members in resilience strategies and techniques.
       (3) Elements.--In carrying out the research study, the 
     Secretary shall determine the effectiveness of training under 
     the Comprehensive Soldier and Family Fitness program in--
       (A) enhancing individual performance through resiliency 
     techniques and use of positive and sports psychology; and
       (B) identifying and responding to early signs of high-risk 
     behavior in members of the Army assigned to units involved in 
     the research study.
       (4) Science-based evidence and techniques.--The research 
     study shall be rooted in scientific evidence, using 
     professionally accepted measurements of experiments, of 
     longitudinal research, random-assignment, and placebo-
     controlled outcome studies to evaluate which interventions 
     can prove positive results and which result in no impact.
       (b) Locations.--The Secretary carry out the research study 
     at locations selected by the Secretary from among Army 
     installations which are representative of the Total Force. 
     Units from all components of the Army shall be involved in 
     the research study.
       (c) Training.--In carrying out the research study at an 
     installation selected pursuant to subsection (b), the 
     Secretary shall ensure, at a minimum, that whenever a unit 
     returns from combat deployment to the installation the 
     training established for purposes of the research study is 
     provided to all members of the Army returning for such 
     deployment. The training shall include such training as the 
     Secretary considers appropriate to reduce trends in high risk 
     or self-destructive behavior
       (d) Period.--The Secretary shall carry out the research 
     study through September 30, 2014.
       (e) Reports.--Not later than 30 days after the end of each 
     of fiscal years 2013 and 2014, the Secretary shall submit to 
     the Committees on Armed Forces of the Senate and the House of 
     Representatives a report on the research study during the 
     preceding fiscal year. Each report shall include the 
     following:
       (1) A description of the trends in high risk or self-
     destructive behavior within each of the units involved in the 
     research study during the fiscal year covered by such report.
       (2) A description of the effectiveness of Comprehensive 
     Soldier and Family Fitness Program training in enhancing 
     individual performance through resiliency techniques, 
     utilization of positive psychology.
       (3) In the case of the report on fiscal year 2014, such 
     recommendations for the expansion or modification of the 
     research study as the Secretary considers appropriate.
       (f) Funding.--Of the amounts authorized to be appropriated 
     for each of fiscal years 2013 and 2014 for the Working 
     Capital Fund, Army, not more than $6,000,000, shall be 
     available in such fiscal year to carry out the research 
     study.
                                 ______
                                 
  SA 3072. 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 INCREASING THE COST-
                   EFFECTIVENESS OF 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 increased modeling and simulation has reduced 
     overall costs of training of members of the Armed Forces, 
     there are still significant costs associated with the human 
     resources required to execute certain training exercises 
     where role-playing actors for certain characters such as 
     opposing forces, the civilian populace, other government 
     agencies, and non-governmental organizations are required;
       (3) technological advances in areas such as varying levels 
     of autonomy for systems, multi-player gaming techniques, and 
     artificial intelligence could reduce the number of personnel 
     required to support certain training exercises for members of 
     the Armed

[[Page S7060]]

     Forces, and thereby reduce the overall cost of the exercises; 
     and
       (4) the Secretary of Defense should develop a plan to 
     increase the use of emerging technologies in autonomous 
     systems, the commercial gaming sector, and artificial 
     intelligence for training exercises for members of the Armed 
     Forces to increase training effectiveness and reduce costs.
                                 ______
                                 
  SA 3073. Mr. NELSON of Florida 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. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR 
                   BENEFITS PLAN SURVIVOR ANNUITIES BY DEPENDENCY 
                   AND INDEMNITY COMPENSATION.

       (a) Repeal.--
       (1) In general.--Subchapter II of chapter 73 of title 10, 
     United States Code, is amended as follows:
       (A) In section 1450, by striking subsection (c).
       (B) In section 1451(c)--
       (i) by striking paragraph (2); and
       (ii) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (2) Conforming amendments.--Such subchapter is further 
     amended as follows:
       (A) In section 1450--
       (i) by striking subsection (e);
       (ii) by striking subsection (k); and
       (iii) by striking subsection (m).
       (B) In section 1451(g)(1), by striking subparagraph (C).
       (C) In section 1452--
       (i) in subsection (f)(2), by striking ``does not apply--'' 
     and all that follows and inserting ``does not apply in the 
     case of a deduction made through administrative error.''; and
       (ii) by striking subsection (g).
       (D) In section 1455(c), by striking ``, 1450(k)(2),''.
       (b) Prohibition on Retroactive Benefits.--No benefits may 
     be paid to any person for any period before the effective 
     date provided under subsection (f) by reason of the 
     amendments made by subsection (a).
       (c) Prohibition on Recoupment of Certain Amounts Previously 
     Refunded to SBP Recipients.--A surviving spouse who is or has 
     been in receipt of an annuity under the Survivor Benefit Plan 
     under subchapter II of chapter 73 of title 10, United States 
     Code, that is in effect before the effective date provided 
     under subsection (f) and that is adjusted by reason of the 
     amendments made by subsection (a) and who has received a 
     refund of retired pay under section 1450(e) of title 10, 
     United States Code, shall not be required to repay such 
     refund to the United States.
       (d) Repeal of Authority for Optional Annuity for Dependent 
     Children.--Section 1448(d) of such title is amended--
       (1) in paragraph (1), by striking ``Except as provided in 
     paragraph (2)(B), the Secretary concerned'' and inserting 
     ``The Secretary concerned''; and
       (2) in paragraph (2)--
       (A) by striking ``Dependent children.--'' and all that 
     follows through ``In the case of a member described in 
     paragraph (1),'' and inserting ``Dependent children annuity 
     when no eligible surviving spouse.--In the case of a member 
     described in paragraph (1),''; and
       (B) by striking subparagraph (B).
       (e) Restoration of Eligibility for Previously Eligible 
     Spouses.--The Secretary of the military department concerned 
     shall restore annuity eligibility to any eligible surviving 
     spouse who, in consultation with the Secretary, previously 
     elected to transfer payment of such annuity to a surviving 
     child or children under the provisions of section 
     1448(d)(2)(B) of title 10, United States Code, as in effect 
     on the day before the effective date provided under 
     subsection (f). Such eligibility shall be restored whether or 
     not payment to such child or children subsequently was 
     terminated due to loss of dependent status or death. For the 
     purposes of this subsection, an eligible spouse includes a 
     spouse who was previously eligible for payment of such 
     annuity and is not remarried, or remarried after having 
     attained age 55, or whose second or subsequent marriage has 
     been terminated by death, divorce or annulment.
       (f) Effective Date.--This section and the amendments made 
     by this section shall take effect on the later of--
       (1) the first day of the first month that begins after the 
     date of the enactment of this Act; or
       (2) the first day of the fiscal year that begins in the 
     calendar year in which this Act is enacted.
                                 ______
                                 
  SA 3074. Mr. NELSON of Florida (for himself and Mr. Rubio) 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 394, between lines 7 and 8, insert the following:

     SEC. 1084. ACCEPTANCE AND USE OF NON-FEDERAL AMOUNTS FOR 
                   NAVIGATION PROJECTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     of the Army, acting through the Chief of Engineers, may 
     accept and use non-Federal amounts to construct a navigation 
     project that has not been specifically authorized by an Act 
     of Congress if--
       (1) the Secretary has received a completed report of the 
     Chief of Engineers for the project;
       (2) the project will be constructed according to the 
     specifications of the Corps of Engineers; and
       (3) the project is funded by non-Federal sources using non-
     Federal amounts.
       (b) Duration.--The authority provided under subsection (a) 
     applies only to projects on which construction begins in the 
     2-year period beginning on the date of enactment of this Act.
                                 ______
                                 
  SA 3075. Mr. WHITEHOUSE 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. 826. SENSE OF SENATE ON THE CONTINUING PROGRESS OF THE 
                   DEPARTMENT OF DEFENSE IN IMPLEMENTING ITS ITEM 
                   UNIQUE IDENTIFICATION INITIATIVE.

       (a) Findings.--The Senate makes the following findings:
       (1) In 2003, the Department of Defense initiated the Item 
     Unique Identification (IUID) Initiative, which requires the 
     marking and tracking of assets deployed throughout the Armed 
     Forces or in the possession of Department contractors.
       (2) The Initiative has the potential for realizing 
     significant cost savings and improving the management of 
     defense equipment and supplies throughout their lifecycle.
       (3) The Initiative can help the Department combat the 
     growing problem of counterfeits in the military supply chain.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to support efforts by the Department of Defense to 
     implement the Item Unique Identification Initiative;
       (2) to support measures to verify contractor compliance 
     with section 252.211-7003 (entitled ``Item Identification and 
     Valuation'') of the Defense Supplement to the Federal 
     Acquisition Regulation, on Unique Identification, which 
     states that a unique identification equivalent recognized by 
     the Department is required for certain acquisitions;
       (3) to encourage the Armed Forces to adopt and implement 
     Item Unique Identification actions and milestones; and
       (4) to support investment of sufficient resources and 
     continued training and leadership to enable the Department to 
     capture meaningful data and optimize the benefits of the Item 
     Unique Identification Initiative.
                                 ______
                                 
  SA 3076. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. 
Brown of Massachusetts) 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--FIRE GRANTS REAUTHORIZATION

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Fire Grants 
     Reauthorization Act of 2012''.

     SEC. 1802. AMENDMENTS TO DEFINITIONS.

       (a) In General.--Section 4 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by inserting ``, except as otherwise 
     provided,'' after ``means'';
       (2) in paragraph (4), by striking `` `Director' means'' and 
     all that follows through ``Agency;'' and inserting `` 
     `Administrator of FEMA' means the Administrator of the 
     Federal Emergency Management Agency;'';
       (3) in paragraph (5)--
       (A) by inserting ``Indian tribe,'' after ``county,''; and
       (B) by striking ``and `firecontrol' '' and inserting ``and 
     `fire control' '';
       (4) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively;
       (5) by inserting after paragraph (5), the following:
       ``(6) `Indian tribe' has the meaning given that term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act

[[Page S7061]]

     (25 U.S.C. 450b) and `tribal' means of or pertaining to an 
     Indian tribe;'';
       (6) by redesignating paragraphs (9) and (10), as 
     redesignated by paragraph (4), as paragraphs (10) and (11);
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (4), the following:
       ``(9) `Secretary' means, except as otherwise provided, the 
     Secretary of Homeland Security;''; and
       (8) by amending paragraph (10), as redesignated by 
     paragraph (6), to read as follows:
       ``(10) `State' has the meaning given the term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
       (b) Conforming Amendments.--
       (1) Administrator of fema.--The Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator of FEMA''.
       (2) Administrator of fema's award.--Section 15 of such Act 
     (15 U.S.C. 2214) is amended by striking ``Director's Award'' 
     each place it appears and inserting ``Administrator's 
     Award''.

     SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended to read as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Administrator of fema.--The term `Administrator of 
     FEMA' means the Administrator of FEMA, acting through the 
     Administrator.
       ``(2) Available grant funds.--The term `available grant 
     funds', with respect to a fiscal year, means those funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (q)(1) for such fiscal year less any funds used 
     for administrative costs pursuant to subsection (q)(2) in 
     such fiscal year.
       ``(3) Career fire department.--The term `career fire 
     department' means a fire department that has an all-paid 
     force of firefighting personnel other than paid-on-call 
     firefighters.
       ``(4) Combination fire department.--The term `combination 
     fire department' means a fire department that has--
       ``(A) paid firefighting personnel; and
       ``(B) volunteer firefighting personnel.
       ``(5) Firefighting personnel.--The term `firefighting 
     personnel' means individuals, including volunteers, who are 
     firefighters, officers of fire departments, or emergency 
     medical service personnel of fire departments.
       ``(6) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(7) Nonaffiliated ems organization.--The term 
     `nonaffiliated EMS organization' means a public or private 
     nonprofit emergency medical services organization that is not 
     affiliated with a hospital and does not serve a geographic 
     area in which the Administrator of FEMA finds that emergency 
     medical services are adequately provided by a fire 
     department.
       ``(8) Paid-on-call.--The term `paid-on-call' with respect 
     to firefighting personnel means firefighting personnel who 
     are paid a stipend for each event to which they respond.
       ``(9) Volunteer fire department.--The term `volunteer fire 
     department' means a fire department that has an all-volunteer 
     force of firefighting personnel.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator of FEMA may award--
       ``(A) assistance to firefighters grants under subsection 
     (c); and
       ``(B) fire prevention and safety grants and other 
     assistance under subsection (d).
       ``(2) Administrative assistance.--The Administrator of FEMA 
     shall--
       ``(A) establish specific criteria for the selection of 
     grant recipients under this section; and
       ``(B) provide assistance with application preparation to 
     applicants for such grants.
       ``(c) Assistance to Firefighters Grants.--
       ``(1) In general.--The Administrator of FEMA may, in 
     consultation with the chief executives of the States in which 
     the recipients are located, award grants on a competitive 
     basis directly to--
       ``(A) fire departments, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the United States against fire, fire-related, and 
     other hazards;
       ``(B) nonaffiliated EMS organizations to support the 
     provision of emergency medical services; and
       ``(C) State fire training academies for the purposes 
     described in subparagraphs (G), (H), and (I) of paragraph 
     (3).
       ``(2) Maximum grant amounts.--
       ``(A) Population.--The Administrator of FEMA may not award 
     a grant under this subsection in excess of amounts as 
     follows:
       ``(i) In the case of a recipient that serves a jurisdiction 
     with 100,000 people or fewer, the amount of the grant awarded 
     to such recipient shall not exceed $1,000,000 in any fiscal 
     year.
       ``(ii) In the case of a recipient that serves a 
     jurisdiction with more than 100,000 people but not more than 
     500,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $2,000,000 in any fiscal year.
       ``(iii) In the case of a recipient that serves a 
     jurisdiction with more than 500,000 but not more than 
     1,000,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $3,000,000 in any fiscal year.
       ``(iv) In the case of a recipient that serves a 
     jurisdiction with more than 1,000,000 people but not more 
     than 2,500,000 people, the amount of the grant awarded to 
     such recipient shall not exceed $6,000,000 for any fiscal 
     year.
       ``(v) In the case of a recipient that serves a jurisdiction 
     with more than 2,500,000 people, the amount of the grant 
     awarded to such recipient shall not exceed $9,000,000 in any 
     fiscal year.
       ``(B) Aggregate.--
       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B) and except as provided under clause (ii), the 
     Administrator of FEMA may not award a grant under this 
     subsection in a fiscal year in an amount that exceeds the 
     amount that is one percent of the available grant funds in 
     such fiscal year.
       ``(ii) Exception.--The Administrator of FEMA may waive the 
     limitation in clause (i) with respect to a grant recipient if 
     the Administrator of FEMA determines that such recipient has 
     an extraordinary need for a grant in an amount that exceeds 
     the limit under clause (i).
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To train firefighting personnel in--
       ``(i) firefighting;
       ``(ii) emergency medical services and other emergency 
     response (including response to natural disasters, acts of 
     terrorism, and other man-made disasters);
       ``(iii) arson prevention and detection;
       ``(iv) maritime firefighting; or
       ``(v) the handling of hazardous materials.
       ``(B) To train firefighting personnel to provide any of the 
     training described under subparagraph (A).
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify--
       ``(i) fire inspectors; and
       ``(ii) building inspectors--

       ``(I) whose responsibilities include fire safety 
     inspections; and
       ``(II) who are employed by or serving as volunteers with a 
     fire department.

       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel are able to carry out their duties as firefighters, 
     including programs dedicated to raising awareness of, and 
     prevention of, job-related mental health issues.
       ``(F) To fund emergency medical services provided by fire 
     departments and nonaffiliated EMS organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks and other apparatus.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for--
       ``(i) fighting fires with foam in remote areas without 
     access to water; and
       ``(ii) communications, monitoring, and response to a 
     natural disaster, act of terrorism, or other man-made 
     disaster, including the use of a weapon of mass destruction.
       ``(I) To acquire personal protective equipment, including 
     personal protective equipment--
       ``(i) prescribed for firefighting personnel by the 
     Occupational Safety and Health Administration of the 
     Department of Labor; or
       ``(ii) for responding to a natural disaster or act of 
     terrorism or other man-made disaster, including the use of a 
     weapon of mass destruction.
       ``(J) To modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel.
       ``(K) To educate the public about arson prevention and 
     detection.
       ``(L) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(M) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(d) Fire Prevention and Safety Grants.--
       ``(1) In general.--For the purpose of assisting fire 
     prevention programs and supporting firefighter health and 
     safety research and development, the Administrator of FEMA 
     may, on a competitive basis--
       ``(A) award grants to fire departments;
       ``(B) award grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, tribal, 
     or nonprofit organizations that are not fire departments and 
     that are recognized for their experience and expertise with 
     respect to fire prevention or fire safety programs and 
     activities and firefighter research and development programs, 
     for the purpose of carrying out--
       ``(i) fire prevention programs; and
       ``(ii) research to improve firefighter health and life 
     safety; and
       ``(C) award grants to institutions of higher education, 
     national fire service organizations, or national fire safety 
     organizations to establish and operate fire safety research 
     centers.
       ``(2) Maximum grant amount.--A grant awarded under this 
     subsection may not exceed $1,500,000 for a fiscal year.
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall

[[Page S7062]]

     use the grant for one or more of the following purposes:
       ``(A) To enforce fire codes and promote compliance with 
     fire safety standards.
       ``(B) To fund fire prevention programs, including programs 
     that educate the public about arson prevention and detection.
       ``(C) To fund wildland fire prevention programs, including 
     education, awareness, and mitigation programs that protect 
     lives, property, and natural resources from fire in the 
     wildland-urban interface.
       ``(D) In the case of a grant awarded under paragraph 
     (1)(C), to fund the establishment or operation of a fire 
     safety research center for the purpose of significantly 
     reducing the number of fire-related deaths and injuries among 
     firefighters and the general public through research, 
     development, and technology transfer activities.
       ``(E) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(4) Limitation.--None of the funds made available under 
     this subsection may be provided to the Association of 
     Community Organizations for Reform Now (ACORN) or any of its 
     affiliates, subsidiaries, or allied organizations.
       ``(e) Applications for Grants.--
       ``(1) In general.--An entity seeking a grant under this 
     section shall submit to the Administrator of FEMA an 
     application therefor in such form and in such manner as the 
     Administrator of FEMA determines appropriate.
       ``(2) Elements.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) A description of the financial need of the applicant 
     for the grant.
       ``(B) An analysis of the costs and benefits, with respect 
     to public safety, of the use for which a grant is requested.
       ``(C) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     grant.
       ``(D) A list of other sources of funding received by the 
     applicant--
       ``(i) for the same purpose for which the application for a 
     grant under this section was submitted; or
       ``(ii) from the Federal Government for other fire-related 
     purposes.
       ``(E) Such other information as the Administrator of FEMA 
     determines appropriate.
       ``(3) Joint or regional applications.--
       ``(A) In general.--Two or more entities may submit an 
     application under paragraph (1) for a grant under this 
     section to fund a joint program or initiative, including 
     acquisition of shared equipment or vehicles.
       ``(B) Nonexclusivity.--Applications under this paragraph 
     may be submitted instead of or in addition to any other 
     application submitted under paragraph (1).
       ``(C) Guidance.--The Administrator of FEMA shall--
       ``(i) publish guidance on applying for and administering 
     grants awarded for joint programs and initiatives described 
     in subparagraph (A); and
       ``(ii) encourage applicants to apply for grants for joint 
     programs and initiatives described in subparagraph (A) as the 
     Administrator of FEMA determines appropriate to achieve 
     greater cost effectiveness and regional efficiency.
       ``(f) Peer Review of Grant Applications.--
       ``(1) In general.--The Administrator of FEMA shall, after 
     consultation with national fire service and emergency medical 
     services organizations, appoint fire service personnel to 
     conduct peer reviews of applications received under 
     subsection (e)(1).
       ``(2) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(g) Prioritization of Grant Awards.--In awarding grants 
     under this section, the Administrator of FEMA shall consider 
     the following:
       ``(1) The findings and recommendations of the peer reviews 
     carried out under subsection (f).
       ``(2) The degree to which an award will reduce deaths, 
     injuries, and property damage by reducing the risks 
     associated with fire-related and other hazards.
       ``(3) The extent of the need of an applicant for a grant 
     under this section and the need to protect the United States 
     as a whole.
       ``(4) The number of calls requesting or requiring a fire 
     fighting or emergency medical response received by an 
     applicant.
       ``(h) Allocation of Grant Awards.--In awarding grants under 
     this section, the Administrator of FEMA shall ensure that of 
     the available grant funds in each fiscal year--
       ``(1) not less than 25 percent are awarded under subsection 
     (c) to career fire departments;
       ``(2) not less than 25 percent are awarded under subsection 
     (c) to volunteer fire departments;
       ``(3) not less than 25 percent are awarded under subsection 
     (c) to combination fire departments and fire departments 
     using paid-on-call firefighting personnel;
       ``(4) not less than 10 percent are available for open 
     competition among career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments using paid-on-call firefighting personnel for 
     grants awarded under subsection (c);
       ``(5) not less than 10 percent are awarded under subsection 
     (d); and
       ``(6) not more than 2 percent are awarded under this 
     section to nonaffiliated EMS organizations described in 
     subsection (c)(1)(B).
       ``(i) Additional Requirements and Limitations.--
       ``(1) Funding for emergency medical services.--Not less 
     than 3.5 percent of the available grant funds for a fiscal 
     year shall be awarded under this section for purposes 
     described in subsection (c)(3)(F).
       ``(2) State fire training academies.--
       ``(A) Maximum share.--Not more than 3 percent of the 
     available grant funds for a fiscal year may be awarded under 
     subsection (c)(1)(C).
       ``(B) Maximum grant amount.--The Administrator of FEMA may 
     not award a grant under subsection (c)(1)(C) to a State fire 
     training academy in an amount that exceeds $1,000,000 in any 
     fiscal year.
       ``(3) Amounts for purchasing firefighting vehicles.--Not 
     more than 25 percent of the available grant funds for a 
     fiscal year may be used to assist grant recipients to 
     purchase vehicles pursuant to subsection (c)(3)(G).
       ``(j) Further Considerations.--
       ``(1) Assistance to firefighters grants to fire 
     departments.--In considering applications for grants under 
     subsection (c)(1)(A), the Administrator of FEMA shall 
     consider--
       ``(A) the extent to which the grant would enhance the daily 
     operations of the applicant and the impact of such a grant on 
     the protection of lives and property; and
       ``(B) a broad range of factors important to the applicant's 
     ability to respond to fires and related hazards, such as the 
     following:
       ``(i) Population served.
       ``(ii) Geographic response area.
       ``(iii) Hazards vulnerability.
       ``(iv) Call volume.
       ``(v) Financial situation, including unemployment rate of 
     the area being served.
       ``(vi) Need for training or equipment.
       ``(2) Applications from nonaffiliated ems organizations.--
     In the case of an application submitted under subsection 
     (e)(1) by a nonaffiliated EMS organization, the Administrator 
     of FEMA shall consider the extent to which other sources of 
     Federal funding are available to the applicant to provide the 
     assistance requested in such application.
       ``(3) Awarding fire prevention and safety grants to certain 
     organizations that are not fire departments.--In the case of 
     applicants for grants under this section who are described in 
     subsection (d)(1)(B), the Administrator of FEMA shall give 
     priority to applicants who focus on--
       ``(A) prevention of injuries to high risk groups from fire; 
     and
       ``(B) research programs that demonstrate a potential to 
     improve firefighter safety.
       ``(4) Awarding grants for fire safety research centers.--
       ``(A) Considerations.--In awarding grants under subsection 
     (d)(1)(C), the Administrator of FEMA shall--
       ``(i) select each grant recipient on--

       ``(I) the demonstrated research and extension resources 
     available to the recipient to carry out the research, 
     development, and technology transfer activities;
       ``(II) the capability of the recipient to provide 
     leadership in making national contributions to fire safety;
       ``(III) the recipient's ability to disseminate the results 
     of fire safety research; and
       ``(IV) the strategic plan the recipient proposes to carry 
     out under the grant;

       ``(ii) give special consideration in selecting recipients 
     under subparagraph (A) to an applicant for a grant that 
     consists of a partnership between--

       ``(I) a national fire service organization or a national 
     fire safety organization; and
       ``(II) an institution of higher education, including a 
     minority-serving institution (as described in section 371(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); 
     and

       ``(iii) consider the research needs identified and 
     prioritized through the workshop required by subparagraph 
     (B)(i).
       ``(B) Research needs.--
       ``(i) In general.--Not later than 90 days after the date of 
     the enactment of the Fire Grants Reauthorization Act of 2012, 
     the Administrator of FEMA shall convene a workshop of the 
     fire safety research community, fire service organizations, 
     and other appropriate stakeholders to identify and prioritize 
     fire safety research needs.
       ``(ii) Publication.--The Administrator of FEMA shall ensure 
     that the results of the workshop are made available to the 
     public.
       ``(C) Limitations on grants for fire safety research 
     centers.--
       ``(i) In general.--The Administrator of FEMA may award 
     grants under subsection (d) to establish not more than 3 fire 
     safety research centers.
       ``(ii) Recipients.--An institution of higher education, a 
     national fire service organization, and a national fire 
     safety organization may not directly receive a grant under 
     subsection (d) for a fiscal year for more than 1 fire safety 
     research center.
       ``(5) Avoiding duplication.--The Administrator of FEMA 
     shall review lists submitted by applicants pursuant to 
     subsection (e)(2)(D) and take such actions as the 
     Administrator of FEMA considers necessary to prevent 
     unnecessary duplication of grant awards.
       ``(k) Matching and Maintenance of Expenditure 
     Requirements.--
       ``(1) Matching requirement for assistance to firefighters 
     grants.--

[[Page S7063]]

       ``(A) In general.--Except as provided in subparagraph (B), 
     an applicant seeking a grant to carry out an activity under 
     subsection (c) shall agree to make available non-Federal 
     funds to carry out such activity in an amount equal to not 
     less than 15 percent of the grant awarded to such applicant 
     under such subsection.
       ``(B) Exception for entities serving small communities.--In 
     the case that an applicant seeking a grant to carry out an 
     activity under subsection (c) serves a jurisdiction of--
       ``(i) more than 20,000 residents but not more than 
     1,000,000 residents, the application shall agree to make 
     available non-Federal funds in an amount equal to not less 
     than 10 percent of the grant awarded to such applicant under 
     such subsection; and
       ``(ii) 20,000 residents or fewer, the applicant shall agree 
     to make available non-Federal funds in an amount equal to not 
     less than 5 percent of the grant awarded to such applicant 
     under such subsection.
       ``(2) Matching requirement for fire prevention and safety 
     grants.--
       ``(A) In general.--An applicant seeking a grant to carry 
     out an activity under subsection (d) shall agree to make 
     available non-Federal funds to carry out such activity in an 
     amount equal to not less than 5 percent of the grant awarded 
     to such applicant under such subsection.
       ``(B) Means of matching.--An applicant for a grant under 
     subsection (d) may meet the matching requirement under 
     subparagraph (A) through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, services, material, or equipment.
       ``(3) Maintenance of expenditures.--An applicant seeking a 
     grant under subsection (c) or (d) shall agree to maintain 
     during the term of the grant the applicant's aggregate 
     expenditures relating to the uses described in subsections 
     (c)(3) and (d)(3) at not less than 80 percent of the average 
     amount of such expenditures in the 2 fiscal years preceding 
     the fiscal year in which the grant amounts are received.
       ``(4) Waiver.--
       ``(A) In general.--Except as provided in subparagraph 
     (C)(ii), the Administrator of FEMA may waive or reduce the 
     requirements of paragraphs (1), (2), and (3) in cases of 
     demonstrated economic hardship.
       ``(B) Guidelines.--
       ``(i) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of this paragraph.
       ``(ii) Consultation.--In developing guidelines under clause 
     (i), the Administrator of FEMA shall consult with individuals 
     who are--

       ``(I) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(II) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.

       ``(iii) Considerations.--In developing guidelines under 
     clause (i), the Administrator of FEMA shall consider, with 
     respect to relevant communities, the following:

       ``(I) Changes in rates of unemployment from previous years.
       ``(II) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(III) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(IV) Such other factors as the Administrator of FEMA 
     considers appropriate.

       ``(C) Certain applicants for fire prevention and safety 
     grants.--The authority under subparagraph (A) shall not apply 
     with respect to a nonprofit organization that--
       ``(i) is described in subsection (d)(1)(B); and
       ``(ii) is not a fire department or emergency medical 
     services organization.
       ``(l) Grant Guidelines.--
       ``(1) Guidelines.--For each fiscal year, prior to awarding 
     any grants under this section, the Administrator of FEMA 
     shall publish in the Federal Register--
       ``(A) guidelines that describe--
       ``(i) the process for applying for grants under this 
     section; and
       ``(ii) the criteria that will be used for selecting grant 
     recipients; and
       ``(B) an explanation of any differences between such 
     guidelines and the recommendations obtained under paragraph 
     (2).
       ``(2) Annual meeting to obtain recommendations.--
       ``(A) In general.--For each fiscal year, the Administrator 
     of FEMA shall convene a meeting of qualified members of 
     national fire service organizations and, at the discretion of 
     the Administrator of FEMA, qualified members of emergency 
     medical service organizations to obtain recommendations 
     regarding the following:
       ``(i) Criteria for the awarding of grants under this 
     section.
       ``(ii) Administrative changes to the assistance program 
     established under subsection (b).
       ``(B) Qualified members.--For purposes of this paragraph, a 
     qualified member of an organization is a member who--
       ``(i) is recognized for expertise in firefighting or 
     emergency medical services;
       ``(ii) is not an employee of the Federal Government; and
       ``(iii) in the case of a member of an emergency medical 
     service organization, is a member of an organization that 
     represents--

       ``(I) providers of emergency medical services that are 
     affiliated with fire departments; or
       ``(II) nonaffiliated EMS providers.

       ``(3) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out under this subsection.
       ``(m) Accounting Determination.--Notwithstanding any other 
     provision of law, for purposes of this section, equipment 
     costs shall include all costs attributable to any design, 
     purchase of components, assembly, manufacture, and 
     transportation of equipment not otherwise commercially 
     available.
       ``(n) Eligible Grantee on Behalf of Alaska Native 
     Villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     eligible to apply for and receive a grant or other assistance 
     under this section on behalf of Alaska Native villages.
       ``(o) Training Standards.--If an applicant for a grant 
     under this section is applying for such grant to purchase 
     training that does not meet or exceed any applicable national 
     voluntary consensus standards, including those developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit 
     to the Administrator of FEMA an explanation of the reasons 
     that the training proposed to be purchased will serve the 
     needs of the applicant better than training that meets or 
     exceeds such standards.
       ``(p) Ensuring Effective Use of Grants.--
       ``(1) Audits.--The Administrator of FEMA may audit a 
     recipient of a grant awarded under this section to ensure 
     that--
       ``(A) the grant amounts are expended for the intended 
     purposes; and
       ``(B) the grant recipient complies with the requirements of 
     subsection (k).
       ``(2) Performance assessment.--
       ``(A) In general.--The Administrator of FEMA shall develop 
     and implement a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section, including protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards.
       ``(B) Consultation.--The Administrator of FEMA shall 
     consult with fire service representatives and with the 
     Comptroller General of the United States in developing the 
     assessment system required by subparagraph (A).
       ``(3) Annual reports to administrator of fema.--Not less 
     frequently than once each year during the term of a grant 
     awarded under this section, the recipient of the grant shall 
     submit to the Administrator of FEMA an annual report 
     describing how the recipient used the grant amounts.
       ``(4) Annual reports to congress.--
       ``(A) In general.--Not later than September 30, 2013, and 
     each year thereafter through 2017, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report that provides--
       ``(i) information on the performance assessment system 
     developed under paragraph (2); and
       ``(ii) using the performance metrics developed under such 
     paragraph, an evaluation of the effectiveness of the grants 
     awarded under this section.
       ``(B) Additional information.--The report due under 
     subparagraph (A) on September 30, 2016, shall also include 
     recommendations for legislative changes to improve grants 
     under this section.
       ``(q) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section--
       ``(A) $750,000,000 for fiscal year 2013; and
       ``(B) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(ii) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in clause (i).
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts for salaries and expenses and other administrative 
     costs incurred by the Administrator of FEMA in the course of 
     awarding grants and providing assistance under this section.
       ``(3) Congressionally directed spending.--Consistent with 
     the requirements in subsections (c)(1) and (d)(1) that grants 
     under those subsections be awarded on a competitive basis, 
     none of the funds appropriated pursuant to this subsection 
     may be used for any congressionally directed spending item 
     (as defined under the rules of the Senate and the House of 
     Representatives).
       ``(r) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

       (a) Improvements to Hiring Grants.--

[[Page S7064]]

       (1) Term of grants.--Subparagraph (B) of section 34(a)(1) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a(a)(1)) is amended to read as follows:
       ``(B) Grants made under this paragraph shall be for 3 years 
     and be used for programs to hire new, additional 
     firefighters.''.
       (2) Limitation of portion of costs of hiring 
     firefighters.--Subparagraph (E) of such section is amended to 
     read as follows:
       ``(E) The portion of the costs of hiring firefighters 
     provided by a grant under this paragraph may not exceed--
       ``(i) 75 percent in the first year of the grant;
       ``(ii) 75 percent in the second year of the grant; and
       ``(iii) 35 percent in the third year of the grant.''.
       (b) Clarification Regarding Eligible Entities for 
     Recruitment and Retention Grants.--The second sentence of 
     section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is 
     amended by striking ``organizations on a local or statewide 
     basis'' and inserting ``national, State, local, or tribal 
     organizations''.
       (c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) 
     of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 
     to read as follows:
       ``(4) The amount of funding provided under this section to 
     a recipient fire department for hiring a firefighter in any 
     fiscal year may not exceed--
       ``(A) in the first year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted;
       ``(B) in the second year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted; 
     and
       ``(C) in the third year of the grant, 35 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was 
     submitted.''.
       (d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is 
     amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Waivers.--
       ``(1) In general.--In a case of demonstrated economic 
     hardship, the Administrator of FEMA may--
       ``(A) waive the requirements of subsection (c)(1); or
       ``(B) waive or reduce the requirements in subsection 
     (a)(1)(E) or subsection (c)(2).
       ``(2) Guidelines.--
       ``(A) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of paragraph (1).
       ``(B) Consultation.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consult 
     with individuals who are--
       ``(i) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(ii) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.
       ``(C) Considerations.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consider, 
     with respect to relevant communities, the following:
       ``(i) Changes in rates of unemployment from previous years.
       ``(ii) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(iii) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(iv) Such other factors as the Administrator of FEMA 
     considers appropriate.''.
       (e) Improvements to Performance Evaluation Requirements.--
     Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 
     as redesignated by subsection (d)(1) of this section, is 
     amended by inserting before the first sentence the following:
       ``(1) In general.--The Administrator of FEMA shall 
     establish a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section.
       ``(2) Submittal of information.--''.
       (f) Report.--
       (1) In general.--Subsection (f) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended by striking ``The authority'' and 
     all that follows through ``Congress concerning'' and 
     inserting the following: ``Not later than September 30, 2014, 
     the Administrator of FEMA shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Science and Technology of the House of 
     Representatives a report on''.
       (2) Conforming amendment.--The heading for subsection (f) 
     of section 34 of such Act (15 U.S.C. 2229a), as redesignated 
     by subsection (d)(1) of this section, is amended by striking 
     ``Sunset and Reports'' and inserting ``Report''.
       (g) Additional Definitions.--
       (1) In general.--Subsection (i) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in the matter before paragraph (1), by striking ``In 
     this section, the term--'' and inserting ``In this 
     section:'';
       (B) in paragraph (1)--
       (i) by inserting ``The term'' before `` `firefighter' 
     has''; and
       (ii) by striking ``; and'' and inserting a period;
       (C) by striking paragraph (2); and
       (D) by inserting at the end the following:
       ``(2) The terms `Administrator of FEMA', `career fire 
     department', `combination fire department', and `volunteer 
     fire department' have the meanings given such terms in 
     section 33(a).''.
       (2) Conforming amendment.--Section 34(a)(1)(A) of such Act 
     (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career, 
     volunteer, and combination fire departments'' and inserting 
     ``career fire departments, combination fire departments, and 
     volunteer fire departments''.
       (h) Authorization of Appropriations.--
       (1) In general.--Subsection (j) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) $750,000,000 for fiscal year 2013; and
       ``(9) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(B) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in subparagraph (A).''.
       (2) Administrative expenses.--Such subsection (j) is 
     further amended--
       (A) in paragraph (9), as added by paragraph (1) of this 
     subsection, by redesignating subparagraphs (A) and (B) as 
     clauses (i) and (ii), respectively, and moving the left 
     margin of such clauses, as so redesignated, 2 ems to the 
     right;
       (B) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively, and moving the 
     left margin of such subparagraphs, as so redesignated, 2 ems 
     to the right;
       (C) by striking ``There are'' and inserting the following:
       ``(1) In general.--There are''; and
       (D) by adding at the end the following:
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts to cover salaries and expenses and other 
     administrative costs incurred by the Administrator of FEMA to 
     make grants and provide assistance under this section.''.
       (3) Congressionally directed spending.--Such subsection (j) 
     is further amended by adding at the end the following:
       ``(3) Congressionally directed spending.--Consistent with 
     the requirement in subsection (a) that grants under this 
     section be awarded on a competitive basis, none of the funds 
     appropriated pursuant to this subsection may be used for any 
     congressionally direct spending item (as defined under the 
     rules of the Senate and the House of Representatives).''.
       (i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 
     2229a) is amended by striking ``Administrator'' each place it 
     appears and inserting ``Administrator of FEMA''.
       (j) Clerical Amendment.--Such section is further amended in 
     the heading by striking ``EXPANSION OF PRE-SEPTEMBER 11, 
     2001, FIRE GRANT PROGRAM'' and inserting the following: 
     ``STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE''.
       (k) Sunset of Authority to Award Hiring Grants.--Such 
     section is further amended by adding at the end the 
     following:
       ``(k) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF 
                   ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR 
                   ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS.

       It is the sense of Congress that--
       (1) the grants and assistance awarded under sections 33 and 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229 and 2229a) have proven equally valuable in 
     protecting the health and safety of the public and 
     firefighting personnel throughout the United States against 
     fire and fire-related hazards; and
       (2) providing parity in funding for the awarding of grants 
     and assistance under both such sections will ensure that the 
     grant and assistance programs under such sections can 
     continue to serve their complementary purposes.

     SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS 
                   AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY 
                   RESPONSE PROGRAMS.

       (a) In General.--Not later than September 30, 2016, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Science and Technology of the 
     House of Representatives a report on the effect of the 
     amendments made by this title.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:

[[Page S7065]]

       (1) An assessment of the effect of the amendments made by 
     sections 1803 and 1804 on the effectiveness, relative 
     allocation, accountability, and administration of the grants 
     and assistance awarded under sections 33 and 34 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229 and 2229a) after the date of the enactment of this Act.
       (2) An evaluation of the extent to which the amendments 
     made by sections 1803 and 1804 have enabled recipients of 
     grants and assistance awarded under such sections 33 and 34 
     after the date of the enactment of this Act to mitigate fire 
     and fire-related and other hazards more effectively.

     SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Fire Administration.
       (2) Career fire department, combination fire department, 
     volunteer fire department.--The terms ``career fire 
     department'', ``combination fire department'', and 
     ``volunteer fire department'' have the meanings given such 
     terms in section 33(a) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)), as amended by 
     section 1803.
       (3) Fire service.--The term ``fire service'' has the 
     meaning given such term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (b) Study and Report on Compliance With Staffing 
     Standards.--
       (1) Study.--The Administrator shall conduct a study on the 
     level of compliance with national voluntary consensus 
     standards for staffing, training, safe operations, personal 
     protective equipment, and fitness among the fire services of 
     the United States.
       (2) Survey.--
       (A) In general.--In carrying out the study required by 
     paragraph (1), the Administrator shall carry out a survey of 
     fire services to assess the level of compliance of such fire 
     services with the standards described in such paragraph.
       (B) Elements.--The survey required by subparagraph (A) 
     shall--
       (i) include career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments serving communities of different sizes, and such 
     other distinguishing factors as the Administrator considers 
     relevant;
       (ii) employ methods to ensure that the survey accurately 
     reflects the actual rate of compliance with the standards 
     described in paragraph (1) among fire services; and
       (iii) determine the extent of barriers and challenges to 
     achieving compliance with the standards described in 
     paragraph (1) among fire services.
       (C) Authority to carry out survey with nonprofit.--If the 
     Administrator determines that it will reduce the costs 
     incurred by the United States Fire Administration in carrying 
     out the survey required by subparagraph (A), the 
     Administrator may carry out such survey in conjunction with a 
     nonprofit organization that has substantial expertise and 
     experience in the following areas:
       (i) The fire services.
       (ii) National voluntary consensus standards.
       (iii) Contemporary survey methods.
       (3) Report on findings of study.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study required by paragraph (1).
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) An accurate description, based on the results of the 
     survey required by paragraph (2)(A), of the rate of 
     compliance with the standards described in paragraph (1) 
     among United States fire services, including a comparison of 
     the rates of compliance among career fire departments, 
     volunteer fire departments, combination fire departments, and 
     fire departments serving communities of different sizes, and 
     such other comparisons as Administrator considers relevant.
       (ii) A description of the challenges faced by different 
     types of fire departments and different types of communities 
     in complying with the standards described in paragraph (1).
       (c) Task Force to Enhance Firefighter Safety.--
       (1) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish a task force to be known as the 
     ``Task Force to Enhance Firefighter Safety'' (in this 
     subsection referred to as the ``Task Force'').
       (2) Membership.--
       (A) In general.--Members of the Task Force shall be 
     appointed by the Secretary from among the general public and 
     shall include the following:
       (i) Representatives of national organizations representing 
     firefighters and fire chiefs.
       (ii) Individuals representing standards-setting and 
     accrediting organizations, including representatives from the 
     voluntary consensus codes and standards development 
     community.
       (iii) Such other individuals as the Secretary considers 
     appropriate.
       (B) Representatives of other departments and agencies.--The 
     Secretary may invite representatives of other Federal 
     departments and agencies that have an interest in fire 
     services to participate in the meetings and other activities 
     of the Task Force.
       (C) Number; terms of service; pay and allowances.--The 
     Secretary shall determine the number, terms of service, and 
     pay and allowances of members of the Task Force appointed by 
     the Secretary, except that a term of service of any such 
     member may not exceed 2 years.
       (3) Responsibilities.--The Task Force shall--
       (A) consult with the Secretary in the conduct of the study 
     required by subsection (b)(1); and
       (B) develop a plan to enhance firefighter safety by 
     increasing fire service compliance with the standards 
     described in subsection (b)(1), including by--
       (i) reviewing and evaluating the report required by 
     subsection (b)(3)(A) to determine the extent of and barriers 
     to achieving compliance with the standards described in 
     subsection (b)(1) among fire services; and
       (ii) considering ways in which the Federal Government, 
     States, and local governments can promote or encourage fire 
     services to comply with such standards.
       (4) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the Secretary submits the report required by subsection 
     (b)(3)(A), the Task Force shall submit to Congress and the 
     Secretary a report on the activities and findings of the Task 
     Force.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings and recommendations of the Task Force with 
     respect to the study carried out under subsection (b)(1).
       (ii) The plan developed under paragraph (3)(B).
       (d) Study and Report on the Needs of Fire Services.--
       (1) Study.--The Administrator shall conduct a study--
       (A) to define the current roles and activities associated 
     with fire services on a national, State, regional, and local 
     level;
       (B) to identify the equipment, staffing, and training 
     required to fulfill the roles and activities defined under 
     subparagraph (A);
       (C) to conduct an assessment to identify gaps between what 
     fire services currently possess and what they require to meet 
     the equipment, staffing, and training needs identified under 
     subparagraph (B) on a national and State-by-State basis; and
       (D) to measure the impact of the grant and assistance 
     program under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of 
     fire services and filling the gaps identified under 
     subparagraph (C).
       (2) Report.--Not later than 2 years after the date of the 
     enactment of this title, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study conducted under paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) $600,000 for fiscal year 2013; and
       (2) $600,000 for fiscal year 2014.

                                 ______
                                 
  SA 3077. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. 
Brown of Massachusetts) 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--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS

                Subtitle A--Fire Grants Reauthorization

     SEC. 1801. SHORT TITLE.

       This subtitle may be cited as the ``Fire Grants 
     Reauthorization Act of 2012''.

     SEC. 1802. AMENDMENTS TO DEFINITIONS.

       (a) In General.--Section 4 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by inserting ``, except as otherwise 
     provided,'' after ``means'';
       (2) in paragraph (4), by striking `` `Director' means'' and 
     all that follows through ``Agency;'' and inserting `` 
     `Administrator of FEMA' means the Administrator of the 
     Federal Emergency Management Agency;'';
       (3) in paragraph (5)--
       (A) by inserting ``Indian tribe,'' after ``county,''; and
       (B) by striking ``and `firecontrol' '' and inserting ``and 
     `fire control' '';
       (4) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively;
       (5) by inserting after paragraph (5), the following:
       ``(6) `Indian tribe' has the meaning given that term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b) and `tribal' means of or 
     pertaining to an Indian tribe;'';
       (6) by redesignating paragraphs (9) and (10), as 
     redesignated by paragraph (4), as paragraphs (10) and (11);
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (4), the following:
       ``(9) `Secretary' means, except as otherwise provided, the 
     Secretary of Homeland Security;''; and

[[Page S7066]]

       (8) by amending paragraph (10), as redesignated by 
     paragraph (6), to read as follows:
       ``(10) `State' has the meaning given the term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
       (b) Conforming Amendments.--
       (1) Administrator of fema.--The Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator of FEMA''.
       (2) Administrator of fema's award.--Section 15 of such Act 
     (15 U.S.C. 2214) is amended by striking ``Director's Award'' 
     each place it appears and inserting ``Administrator's 
     Award''.

     SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended to read as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Administrator of fema.--The term `Administrator of 
     FEMA' means the Administrator of FEMA, acting through the 
     Administrator.
       ``(2) Available grant funds.--The term `available grant 
     funds', with respect to a fiscal year, means those funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (q)(1) for such fiscal year less any funds used 
     for administrative costs pursuant to subsection (q)(2) in 
     such fiscal year.
       ``(3) Career fire department.--The term `career fire 
     department' means a fire department that has an all-paid 
     force of firefighting personnel other than paid-on-call 
     firefighters.
       ``(4) Combination fire department.--The term `combination 
     fire department' means a fire department that has--
       ``(A) paid firefighting personnel; and
       ``(B) volunteer firefighting personnel.
       ``(5) Firefighting personnel.--The term `firefighting 
     personnel' means individuals, including volunteers, who are 
     firefighters, officers of fire departments, or emergency 
     medical service personnel of fire departments.
       ``(6) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(7) Nonaffiliated ems organization.--The term 
     `nonaffiliated EMS organization' means a public or private 
     nonprofit emergency medical services organization that is not 
     affiliated with a hospital and does not serve a geographic 
     area in which the Administrator of FEMA finds that emergency 
     medical services are adequately provided by a fire 
     department.
       ``(8) Paid-on-call.--The term `paid-on-call' with respect 
     to firefighting personnel means firefighting personnel who 
     are paid a stipend for each event to which they respond.
       ``(9) Volunteer fire department.--The term `volunteer fire 
     department' means a fire department that has an all-volunteer 
     force of firefighting personnel.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator of FEMA may award--
       ``(A) assistance to firefighters grants under subsection 
     (c); and
       ``(B) fire prevention and safety grants and other 
     assistance under subsection (d).
       ``(2) Administrative assistance.--The Administrator of FEMA 
     shall--
       ``(A) establish specific criteria for the selection of 
     grant recipients under this section; and
       ``(B) provide assistance with application preparation to 
     applicants for such grants.
       ``(c) Assistance to Firefighters Grants.--
       ``(1) In general.--The Administrator of FEMA may, in 
     consultation with the chief executives of the States in which 
     the recipients are located, award grants on a competitive 
     basis directly to--
       ``(A) fire departments, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the United States against fire, fire-related, and 
     other hazards;
       ``(B) nonaffiliated EMS organizations to support the 
     provision of emergency medical services; and
       ``(C) State fire training academies for the purposes 
     described in subparagraphs (G), (H), and (I) of paragraph 
     (3).
       ``(2) Maximum grant amounts.--
       ``(A) Population.--The Administrator of FEMA may not award 
     a grant under this subsection in excess of amounts as 
     follows:
       ``(i) In the case of a recipient that serves a jurisdiction 
     with 100,000 people or fewer, the amount of the grant awarded 
     to such recipient shall not exceed $1,000,000 in any fiscal 
     year.
       ``(ii) In the case of a recipient that serves a 
     jurisdiction with more than 100,000 people but not more than 
     500,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $2,000,000 in any fiscal year.
       ``(iii) In the case of a recipient that serves a 
     jurisdiction with more than 500,000 but not more than 
     1,000,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $3,000,000 in any fiscal year.
       ``(iv) In the case of a recipient that serves a 
     jurisdiction with more than 1,000,000 people but not more 
     than 2,500,000 people, the amount of the grant awarded to 
     such recipient shall not exceed $6,000,000 for any fiscal 
     year.
       ``(v) In the case of a recipient that serves a jurisdiction 
     with more than 2,500,000 people, the amount of the grant 
     awarded to such recipient shall not exceed $9,000,000 in any 
     fiscal year.
       ``(B) Aggregate.--
       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B) and except as provided under clause (ii), the 
     Administrator of FEMA may not award a grant under this 
     subsection in a fiscal year in an amount that exceeds the 
     amount that is one percent of the available grant funds in 
     such fiscal year.
       ``(ii) Exception.--The Administrator of FEMA may waive the 
     limitation in clause (i) with respect to a grant recipient if 
     the Administrator of FEMA determines that such recipient has 
     an extraordinary need for a grant in an amount that exceeds 
     the limit under clause (i).
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To train firefighting personnel in--
       ``(i) firefighting;
       ``(ii) emergency medical services and other emergency 
     response (including response to natural disasters, acts of 
     terrorism, and other man-made disasters);
       ``(iii) arson prevention and detection;
       ``(iv) maritime firefighting; or
       ``(v) the handling of hazardous materials.
       ``(B) To train firefighting personnel to provide any of the 
     training described under subparagraph (A).
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify--
       ``(i) fire inspectors; and
       ``(ii) building inspectors--

       ``(I) whose responsibilities include fire safety 
     inspections; and
       ``(II) who are employed by or serving as volunteers with a 
     fire department.

       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel are able to carry out their duties as firefighters, 
     including programs dedicated to raising awareness of, and 
     prevention of, job-related mental health issues.
       ``(F) To fund emergency medical services provided by fire 
     departments and nonaffiliated EMS organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks and other apparatus.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for--
       ``(i) fighting fires with foam in remote areas without 
     access to water; and
       ``(ii) communications, monitoring, and response to a 
     natural disaster, act of terrorism, or other man-made 
     disaster, including the use of a weapon of mass destruction.
       ``(I) To acquire personal protective equipment, including 
     personal protective equipment--
       ``(i) prescribed for firefighting personnel by the 
     Occupational Safety and Health Administration of the 
     Department of Labor; or
       ``(ii) for responding to a natural disaster or act of 
     terrorism or other man-made disaster, including the use of a 
     weapon of mass destruction.
       ``(J) To modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel.
       ``(K) To educate the public about arson prevention and 
     detection.
       ``(L) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(M) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(d) Fire Prevention and Safety Grants.--
       ``(1) In general.--For the purpose of assisting fire 
     prevention programs and supporting firefighter health and 
     safety research and development, the Administrator of FEMA 
     may, on a competitive basis--
       ``(A) award grants to fire departments;
       ``(B) award grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, tribal, 
     or nonprofit organizations that are not fire departments and 
     that are recognized for their experience and expertise with 
     respect to fire prevention or fire safety programs and 
     activities and firefighter research and development programs, 
     for the purpose of carrying out--
       ``(i) fire prevention programs; and
       ``(ii) research to improve firefighter health and life 
     safety; and
       ``(C) award grants to institutions of higher education, 
     national fire service organizations, or national fire safety 
     organizations to establish and operate fire safety research 
     centers.
       ``(2) Maximum grant amount.--A grant awarded under this 
     subsection may not exceed $1,500,000 for a fiscal year.
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To enforce fire codes and promote compliance with 
     fire safety standards.
       ``(B) To fund fire prevention programs, including programs 
     that educate the public about arson prevention and detection.
       ``(C) To fund wildland fire prevention programs, including 
     education, awareness, and

[[Page S7067]]

     mitigation programs that protect lives, property, and natural 
     resources from fire in the wildland-urban interface.
       ``(D) In the case of a grant awarded under paragraph 
     (1)(C), to fund the establishment or operation of a fire 
     safety research center for the purpose of significantly 
     reducing the number of fire-related deaths and injuries among 
     firefighters and the general public through research, 
     development, and technology transfer activities.
       ``(E) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(4) Limitation.--None of the funds made available under 
     this subsection may be provided to the Association of 
     Community Organizations for Reform Now (ACORN) or any of its 
     affiliates, subsidiaries, or allied organizations.
       ``(e) Applications for Grants.--
       ``(1) In general.--An entity seeking a grant under this 
     section shall submit to the Administrator of FEMA an 
     application therefor in such form and in such manner as the 
     Administrator of FEMA determines appropriate.
       ``(2) Elements.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) A description of the financial need of the applicant 
     for the grant.
       ``(B) An analysis of the costs and benefits, with respect 
     to public safety, of the use for which a grant is requested.
       ``(C) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     grant.
       ``(D) A list of other sources of funding received by the 
     applicant--
       ``(i) for the same purpose for which the application for a 
     grant under this section was submitted; or
       ``(ii) from the Federal Government for other fire-related 
     purposes.
       ``(E) Such other information as the Administrator of FEMA 
     determines appropriate.
       ``(3) Joint or regional applications.--
       ``(A) In general.--Two or more entities may submit an 
     application under paragraph (1) for a grant under this 
     section to fund a joint program or initiative, including 
     acquisition of shared equipment or vehicles.
       ``(B) Nonexclusivity.--Applications under this paragraph 
     may be submitted instead of or in addition to any other 
     application submitted under paragraph (1).
       ``(C) Guidance.--The Administrator of FEMA shall--
       ``(i) publish guidance on applying for and administering 
     grants awarded for joint programs and initiatives described 
     in subparagraph (A); and
       ``(ii) encourage applicants to apply for grants for joint 
     programs and initiatives described in subparagraph (A) as the 
     Administrator of FEMA determines appropriate to achieve 
     greater cost effectiveness and regional efficiency.
       ``(f) Peer Review of Grant Applications.--
       ``(1) In general.--The Administrator of FEMA shall, after 
     consultation with national fire service and emergency medical 
     services organizations, appoint fire service personnel to 
     conduct peer reviews of applications received under 
     subsection (e)(1).
       ``(2) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(g) Prioritization of Grant Awards.--In awarding grants 
     under this section, the Administrator of FEMA shall consider 
     the following:
       ``(1) The findings and recommendations of the peer reviews 
     carried out under subsection (f).
       ``(2) The degree to which an award will reduce deaths, 
     injuries, and property damage by reducing the risks 
     associated with fire-related and other hazards.
       ``(3) The extent of the need of an applicant for a grant 
     under this section and the need to protect the United States 
     as a whole.
       ``(4) The number of calls requesting or requiring a fire 
     fighting or emergency medical response received by an 
     applicant.
       ``(h) Allocation of Grant Awards.--In awarding grants under 
     this section, the Administrator of FEMA shall ensure that of 
     the available grant funds in each fiscal year--
       ``(1) not less than 25 percent are awarded under subsection 
     (c) to career fire departments;
       ``(2) not less than 25 percent are awarded under subsection 
     (c) to volunteer fire departments;
       ``(3) not less than 25 percent are awarded under subsection 
     (c) to combination fire departments and fire departments 
     using paid-on-call firefighting personnel;
       ``(4) not less than 10 percent are available for open 
     competition among career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments using paid-on-call firefighting personnel for 
     grants awarded under subsection (c);
       ``(5) not less than 10 percent are awarded under subsection 
     (d); and
       ``(6) not more than 2 percent are awarded under this 
     section to nonaffiliated EMS organizations described in 
     subsection (c)(1)(B).
       ``(i) Additional Requirements and Limitations.--
       ``(1) Funding for emergency medical services.--Not less 
     than 3.5 percent of the available grant funds for a fiscal 
     year shall be awarded under this section for purposes 
     described in subsection (c)(3)(F).
       ``(2) State fire training academies.--
       ``(A) Maximum share.--Not more than 3 percent of the 
     available grant funds for a fiscal year may be awarded under 
     subsection (c)(1)(C).
       ``(B) Maximum grant amount.--The Administrator of FEMA may 
     not award a grant under subsection (c)(1)(C) to a State fire 
     training academy in an amount that exceeds $1,000,000 in any 
     fiscal year.
       ``(3) Amounts for purchasing firefighting vehicles.--Not 
     more than 25 percent of the available grant funds for a 
     fiscal year may be used to assist grant recipients to 
     purchase vehicles pursuant to subsection (c)(3)(G).
       ``(j) Further Considerations.--
       ``(1) Assistance to firefighters grants to fire 
     departments.--In considering applications for grants under 
     subsection (c)(1)(A), the Administrator of FEMA shall 
     consider--
       ``(A) the extent to which the grant would enhance the daily 
     operations of the applicant and the impact of such a grant on 
     the protection of lives and property; and
       ``(B) a broad range of factors important to the applicant's 
     ability to respond to fires and related hazards, such as the 
     following:
       ``(i) Population served.
       ``(ii) Geographic response area.
       ``(iii) Hazards vulnerability.
       ``(iv) Call volume.
       ``(v) Financial situation, including unemployment rate of 
     the area being served.
       ``(vi) Need for training or equipment.
       ``(2) Applications from nonaffiliated ems organizations.--
     In the case of an application submitted under subsection 
     (e)(1) by a nonaffiliated EMS organization, the Administrator 
     of FEMA shall consider the extent to which other sources of 
     Federal funding are available to the applicant to provide the 
     assistance requested in such application.
       ``(3) Awarding fire prevention and safety grants to certain 
     organizations that are not fire departments.--In the case of 
     applicants for grants under this section who are described in 
     subsection (d)(1)(B), the Administrator of FEMA shall give 
     priority to applicants who focus on--
       ``(A) prevention of injuries to high risk groups from fire; 
     and
       ``(B) research programs that demonstrate a potential to 
     improve firefighter safety.
       ``(4) Awarding grants for fire safety research centers.--
       ``(A) Considerations.--In awarding grants under subsection 
     (d)(1)(C), the Administrator of FEMA shall--
       ``(i) select each grant recipient on--

       ``(I) the demonstrated research and extension resources 
     available to the recipient to carry out the research, 
     development, and technology transfer activities;
       ``(II) the capability of the recipient to provide 
     leadership in making national contributions to fire safety;
       ``(III) the recipient's ability to disseminate the results 
     of fire safety research; and
       ``(IV) the strategic plan the recipient proposes to carry 
     out under the grant;

       ``(ii) give special consideration in selecting recipients 
     under subparagraph (A) to an applicant for a grant that 
     consists of a partnership between--

       ``(I) a national fire service organization or a national 
     fire safety organization; and
       ``(II) an institution of higher education, including a 
     minority-serving institution (as described in section 371(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); 
     and

       ``(iii) consider the research needs identified and 
     prioritized through the workshop required by subparagraph 
     (B)(i).
       ``(B) Research needs.--
       ``(i) In general.--Not later than 90 days after the date of 
     the enactment of the Fire Grants Reauthorization Act of 2012, 
     the Administrator of FEMA shall convene a workshop of the 
     fire safety research community, fire service organizations, 
     and other appropriate stakeholders to identify and prioritize 
     fire safety research needs.
       ``(ii) Publication.--The Administrator of FEMA shall ensure 
     that the results of the workshop are made available to the 
     public.
       ``(C) Limitations on grants for fire safety research 
     centers.--
       ``(i) In general.--The Administrator of FEMA may award 
     grants under subsection (d) to establish not more than 3 fire 
     safety research centers.
       ``(ii) Recipients.--An institution of higher education, a 
     national fire service organization, and a national fire 
     safety organization may not directly receive a grant under 
     subsection (d) for a fiscal year for more than 1 fire safety 
     research center.
       ``(5) Avoiding duplication.--The Administrator of FEMA 
     shall review lists submitted by applicants pursuant to 
     subsection (e)(2)(D) and take such actions as the 
     Administrator of FEMA considers necessary to prevent 
     unnecessary duplication of grant awards.
       ``(k) Matching and Maintenance of Expenditure 
     Requirements.--
       ``(1) Matching requirement for assistance to firefighters 
     grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an applicant seeking a grant to carry out an activity under 
     subsection (c) shall agree to make available non-Federal 
     funds to carry out such activity in an amount equal to not 
     less than 15 percent of the grant awarded to such applicant 
     under such subsection.

[[Page S7068]]

       ``(B) Exception for entities serving small communities.--In 
     the case that an applicant seeking a grant to carry out an 
     activity under subsection (c) serves a jurisdiction of--
       ``(i) more than 20,000 residents but not more than 
     1,000,000 residents, the application shall agree to make 
     available non-Federal funds in an amount equal to not less 
     than 10 percent of the grant awarded to such applicant under 
     such subsection; and
       ``(ii) 20,000 residents or fewer, the applicant shall agree 
     to make available non-Federal funds in an amount equal to not 
     less than 5 percent of the grant awarded to such applicant 
     under such subsection.
       ``(2) Matching requirement for fire prevention and safety 
     grants.--
       ``(A) In general.--An applicant seeking a grant to carry 
     out an activity under subsection (d) shall agree to make 
     available non-Federal funds to carry out such activity in an 
     amount equal to not less than 5 percent of the grant awarded 
     to such applicant under such subsection.
       ``(B) Means of matching.--An applicant for a grant under 
     subsection (d) may meet the matching requirement under 
     subparagraph (A) through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, services, material, or equipment.
       ``(3) Maintenance of expenditures.--An applicant seeking a 
     grant under subsection (c) or (d) shall agree to maintain 
     during the term of the grant the applicant's aggregate 
     expenditures relating to the uses described in subsections 
     (c)(3) and (d)(3) at not less than 80 percent of the average 
     amount of such expenditures in the 2 fiscal years preceding 
     the fiscal year in which the grant amounts are received.
       ``(4) Waiver.--
       ``(A) In general.--Except as provided in subparagraph 
     (C)(ii), the Administrator of FEMA may waive or reduce the 
     requirements of paragraphs (1), (2), and (3) in cases of 
     demonstrated economic hardship.
       ``(B) Guidelines.--
       ``(i) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of this paragraph.
       ``(ii) Consultation.--In developing guidelines under clause 
     (i), the Administrator of FEMA shall consult with individuals 
     who are--

       ``(I) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(II) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.

       ``(iii) Considerations.--In developing guidelines under 
     clause (i), the Administrator of FEMA shall consider, with 
     respect to relevant communities, the following:

       ``(I) Changes in rates of unemployment from previous years.
       ``(II) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(III) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(IV) Such other factors as the Administrator of FEMA 
     considers appropriate.

       ``(C) Certain applicants for fire prevention and safety 
     grants.--The authority under subparagraph (A) shall not apply 
     with respect to a nonprofit organization that--
       ``(i) is described in subsection (d)(1)(B); and
       ``(ii) is not a fire department or emergency medical 
     services organization.
       ``(l) Grant Guidelines.--
       ``(1) Guidelines.--For each fiscal year, prior to awarding 
     any grants under this section, the Administrator of FEMA 
     shall publish in the Federal Register--
       ``(A) guidelines that describe--
       ``(i) the process for applying for grants under this 
     section; and
       ``(ii) the criteria that will be used for selecting grant 
     recipients; and
       ``(B) an explanation of any differences between such 
     guidelines and the recommendations obtained under paragraph 
     (2).
       ``(2) Annual meeting to obtain recommendations.--
       ``(A) In general.--For each fiscal year, the Administrator 
     of FEMA shall convene a meeting of qualified members of 
     national fire service organizations and, at the discretion of 
     the Administrator of FEMA, qualified members of emergency 
     medical service organizations to obtain recommendations 
     regarding the following:
       ``(i) Criteria for the awarding of grants under this 
     section.
       ``(ii) Administrative changes to the assistance program 
     established under subsection (b).
       ``(B) Qualified members.--For purposes of this paragraph, a 
     qualified member of an organization is a member who--
       ``(i) is recognized for expertise in firefighting or 
     emergency medical services;
       ``(ii) is not an employee of the Federal Government; and
       ``(iii) in the case of a member of an emergency medical 
     service organization, is a member of an organization that 
     represents--

       ``(I) providers of emergency medical services that are 
     affiliated with fire departments; or
       ``(II) nonaffiliated EMS providers.

       ``(3) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out under this subsection.
       ``(m) Accounting Determination.--Notwithstanding any other 
     provision of law, for purposes of this section, equipment 
     costs shall include all costs attributable to any design, 
     purchase of components, assembly, manufacture, and 
     transportation of equipment not otherwise commercially 
     available.
       ``(n) Eligible Grantee on Behalf of Alaska Native 
     Villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     eligible to apply for and receive a grant or other assistance 
     under this section on behalf of Alaska Native villages.
       ``(o) Training Standards.--If an applicant for a grant 
     under this section is applying for such grant to purchase 
     training that does not meet or exceed any applicable national 
     voluntary consensus standards, including those developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit 
     to the Administrator of FEMA an explanation of the reasons 
     that the training proposed to be purchased will serve the 
     needs of the applicant better than training that meets or 
     exceeds such standards.
       ``(p) Ensuring Effective Use of Grants.--
       ``(1) Audits.--The Administrator of FEMA may audit a 
     recipient of a grant awarded under this section to ensure 
     that--
       ``(A) the grant amounts are expended for the intended 
     purposes; and
       ``(B) the grant recipient complies with the requirements of 
     subsection (k).
       ``(2) Performance assessment.--
       ``(A) In general.--The Administrator of FEMA shall develop 
     and implement a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section, including protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards.
       ``(B) Consultation.--The Administrator of FEMA shall 
     consult with fire service representatives and with the 
     Comptroller General of the United States in developing the 
     assessment system required by subparagraph (A).
       ``(3) Annual reports to administrator of fema.--Not less 
     frequently than once each year during the term of a grant 
     awarded under this section, the recipient of the grant shall 
     submit to the Administrator of FEMA an annual report 
     describing how the recipient used the grant amounts.
       ``(4) Annual reports to congress.--
       ``(A) In general.--Not later than September 30, 2013, and 
     each year thereafter through 2017, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report that provides--
       ``(i) information on the performance assessment system 
     developed under paragraph (2); and
       ``(ii) using the performance metrics developed under such 
     paragraph, an evaluation of the effectiveness of the grants 
     awarded under this section.
       ``(B) Additional information.--The report due under 
     subparagraph (A) on September 30, 2016, shall also include 
     recommendations for legislative changes to improve grants 
     under this section.
       ``(q) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section--
       ``(A) $750,000,000 for fiscal year 2013; and
       ``(B) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(ii) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in clause (i).
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts for salaries and expenses and other administrative 
     costs incurred by the Administrator of FEMA in the course of 
     awarding grants and providing assistance under this section.
       ``(3) Congressionally directed spending.--Consistent with 
     the requirements in subsections (c)(1) and (d)(1) that grants 
     under those subsections be awarded on a competitive basis, 
     none of the funds appropriated pursuant to this subsection 
     may be used for any congressionally directed spending item 
     (as defined under the rules of the Senate and the House of 
     Representatives).
       ``(r) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

       (a) Improvements to Hiring Grants.--
       (1) Term of grants.--Subparagraph (B) of section 34(a)(1) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a(a)(1)) is amended to read as follows:
       ``(B) Grants made under this paragraph shall be for 3 years 
     and be used for programs to hire new, additional 
     firefighters.''.
       (2) Limitation of portion of costs of hiring 
     firefighters.--Subparagraph (E) of such section is amended to 
     read as follows:

[[Page S7069]]

       ``(E) The portion of the costs of hiring firefighters 
     provided by a grant under this paragraph may not exceed--
       ``(i) 75 percent in the first year of the grant;
       ``(ii) 75 percent in the second year of the grant; and
       ``(iii) 35 percent in the third year of the grant.''.
       (b) Clarification Regarding Eligible Entities for 
     Recruitment and Retention Grants.--The second sentence of 
     section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is 
     amended by striking ``organizations on a local or statewide 
     basis'' and inserting ``national, State, local, or tribal 
     organizations''.
       (c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) 
     of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 
     to read as follows:
       ``(4) The amount of funding provided under this section to 
     a recipient fire department for hiring a firefighter in any 
     fiscal year may not exceed--
       ``(A) in the first year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted;
       ``(B) in the second year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted; 
     and
       ``(C) in the third year of the grant, 35 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was 
     submitted.''.
       (d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is 
     amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Waivers.--
       ``(1) In general.--In a case of demonstrated economic 
     hardship, the Administrator of FEMA may--
       ``(A) waive the requirements of subsection (c)(1); or
       ``(B) waive or reduce the requirements in subsection 
     (a)(1)(E) or subsection (c)(2).
       ``(2) Guidelines.--
       ``(A) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of paragraph (1).
       ``(B) Consultation.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consult 
     with individuals who are--
       ``(i) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(ii) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.
       ``(C) Considerations.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consider, 
     with respect to relevant communities, the following:
       ``(i) Changes in rates of unemployment from previous years.
       ``(ii) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(iii) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(iv) Such other factors as the Administrator of FEMA 
     considers appropriate.''.
       (e) Improvements to Performance Evaluation Requirements.--
     Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 
     as redesignated by subsection (d)(1) of this section, is 
     amended by inserting before the first sentence the following:
       ``(1) In general.--The Administrator of FEMA shall 
     establish a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section.
       ``(2) Submittal of information.--''.
       (f) Report.--
       (1) In general.--Subsection (f) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended by striking ``The authority'' and 
     all that follows through ``Congress concerning'' and 
     inserting the following: ``Not later than September 30, 2014, 
     the Administrator of FEMA shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Science and Technology of the House of 
     Representatives a report on''.
       (2) Conforming amendment.--The heading for subsection (f) 
     of section 34 of such Act (15 U.S.C. 2229a), as redesignated 
     by subsection (d)(1) of this section, is amended by striking 
     ``Sunset and Reports'' and inserting ``Report''.
       (g) Additional Definitions.--
       (1) In general.--Subsection (i) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in the matter before paragraph (1), by striking ``In 
     this section, the term--'' and inserting ``In this 
     section:'';
       (B) in paragraph (1)--
       (i) by inserting ``The term'' before `` `firefighter' 
     has''; and
       (ii) by striking ``; and'' and inserting a period;
       (C) by striking paragraph (2); and
       (D) by inserting at the end the following:
       ``(2) The terms `Administrator of FEMA', `career fire 
     department', `combination fire department', and `volunteer 
     fire department' have the meanings given such terms in 
     section 33(a).''.
       (2) Conforming amendment.--Section 34(a)(1)(A) of such Act 
     (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career, 
     volunteer, and combination fire departments'' and inserting 
     ``career fire departments, combination fire departments, and 
     volunteer fire departments''.
       (h) Authorization of Appropriations.--
       (1) In general.--Subsection (j) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) $750,000,000 for fiscal year 2013; and
       ``(9) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(B) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in subparagraph (A).''.
       (2) Administrative expenses.--Such subsection (j) is 
     further amended--
       (A) in paragraph (9), as added by paragraph (1) of this 
     subsection, by redesignating subparagraphs (A) and (B) as 
     clauses (i) and (ii), respectively, and moving the left 
     margin of such clauses, as so redesignated, 2 ems to the 
     right;
       (B) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively, and moving the 
     left margin of such subparagraphs, as so redesignated, 2 ems 
     to the right;
       (C) by striking ``There are'' and inserting the following:
       ``(1) In general.--There are''; and
       (D) by adding at the end the following:
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts to cover salaries and expenses and other 
     administrative costs incurred by the Administrator of FEMA to 
     make grants and provide assistance under this section.''.
       (3) Congressionally directed spending.--Such subsection (j) 
     is further amended by adding at the end the following:
       ``(3) Congressionally directed spending.--Consistent with 
     the requirement in subsection (a) that grants under this 
     section be awarded on a competitive basis, none of the funds 
     appropriated pursuant to this subsection may be used for any 
     congressionally direct spending item (as defined under the 
     rules of the Senate and the House of Representatives).''.
       (i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 
     2229a) is amended by striking ``Administrator'' each place it 
     appears and inserting ``Administrator of FEMA''.
       (j) Clerical Amendment.--Such section is further amended in 
     the heading by striking ``EXPANSION OF PRE-SEPTEMBER 11, 
     2001, FIRE GRANT PROGRAM'' and inserting the following: 
     ``staffing for adequate fire and emergency response''.
       (k) Sunset of Authority to Award Hiring Grants.--Such 
     section is further amended by adding at the end the 
     following:
       ``(k) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF 
                   ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR 
                   ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS.

       It is the sense of Congress that--
       (1) the grants and assistance awarded under sections 33 and 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229 and 2229a) have proven equally valuable in 
     protecting the health and safety of the public and 
     firefighting personnel throughout the United States against 
     fire and fire-related hazards; and
       (2) providing parity in funding for the awarding of grants 
     and assistance under both such sections will ensure that the 
     grant and assistance programs under such sections can 
     continue to serve their complementary purposes.

     SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS 
                   AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY 
                   RESPONSE PROGRAMS.

       (a) In General.--Not later than September 30, 2016, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Science and Technology of the 
     House of Representatives a report on the effect of the 
     amendments made by this title.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the effect of the amendments made by 
     sections 1803 and 1804 on the effectiveness, relative 
     allocation, accountability, and administration of the grants 
     and assistance awarded under sections 33 and 34 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229 and 2229a) after the date of the enactment of this Act.
       (2) An evaluation of the extent to which the amendments 
     made by sections 1803 and

[[Page S7070]]

     1804 have enabled recipients of grants and assistance awarded 
     under such sections 33 and 34 after the date of the enactment 
     of this Act to mitigate fire and fire-related and other 
     hazards more effectively.

     SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Fire Administration.
       (2) Career fire department, combination fire department, 
     volunteer fire department.--The terms ``career fire 
     department'', ``combination fire department'', and 
     ``volunteer fire department'' have the meanings given such 
     terms in section 33(a) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)), as amended by 
     section 1803.
       (3) Fire service.--The term ``fire service'' has the 
     meaning given such term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (b) Study and Report on Compliance With Staffing 
     Standards.--
       (1) Study.--The Administrator shall conduct a study on the 
     level of compliance with national voluntary consensus 
     standards for staffing, training, safe operations, personal 
     protective equipment, and fitness among the fire services of 
     the United States.
       (2) Survey.--
       (A) In general.--In carrying out the study required by 
     paragraph (1), the Administrator shall carry out a survey of 
     fire services to assess the level of compliance of such fire 
     services with the standards described in such paragraph.
       (B) Elements.--The survey required by subparagraph (A) 
     shall--
       (i) include career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments serving communities of different sizes, and such 
     other distinguishing factors as the Administrator considers 
     relevant;
       (ii) employ methods to ensure that the survey accurately 
     reflects the actual rate of compliance with the standards 
     described in paragraph (1) among fire services; and
       (iii) determine the extent of barriers and challenges to 
     achieving compliance with the standards described in 
     paragraph (1) among fire services.
       (C) Authority to carry out survey with nonprofit.--If the 
     Administrator determines that it will reduce the costs 
     incurred by the United States Fire Administration in carrying 
     out the survey required by subparagraph (A), the 
     Administrator may carry out such survey in conjunction with a 
     nonprofit organization that has substantial expertise and 
     experience in the following areas:
       (i) The fire services.
       (ii) National voluntary consensus standards.
       (iii) Contemporary survey methods.
       (3) Report on findings of study.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study required by paragraph (1).
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) An accurate description, based on the results of the 
     survey required by paragraph (2)(A), of the rate of 
     compliance with the standards described in paragraph (1) 
     among United States fire services, including a comparison of 
     the rates of compliance among career fire departments, 
     volunteer fire departments, combination fire departments, and 
     fire departments serving communities of different sizes, and 
     such other comparisons as Administrator considers relevant.
       (ii) A description of the challenges faced by different 
     types of fire departments and different types of communities 
     in complying with the standards described in paragraph (1).
       (c) Task Force to Enhance Firefighter Safety.--
       (1) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish a task force to be known as the 
     ``Task Force to Enhance Firefighter Safety'' (in this 
     subsection referred to as the ``Task Force'').
       (2) Membership.--
       (A) In general.--Members of the Task Force shall be 
     appointed by the Secretary from among the general public and 
     shall include the following:
       (i) Representatives of national organizations representing 
     firefighters and fire chiefs.
       (ii) Individuals representing standards-setting and 
     accrediting organizations, including representatives from the 
     voluntary consensus codes and standards development 
     community.
       (iii) Such other individuals as the Secretary considers 
     appropriate.
       (B) Representatives of other departments and agencies.--The 
     Secretary may invite representatives of other Federal 
     departments and agencies that have an interest in fire 
     services to participate in the meetings and other activities 
     of the Task Force.
       (C) Number; terms of service; pay and allowances.--The 
     Secretary shall determine the number, terms of service, and 
     pay and allowances of members of the Task Force appointed by 
     the Secretary, except that a term of service of any such 
     member may not exceed 2 years.
       (3) Responsibilities.--The Task Force shall--
       (A) consult with the Secretary in the conduct of the study 
     required by subsection (b)(1); and
       (B) develop a plan to enhance firefighter safety by 
     increasing fire service compliance with the standards 
     described in subsection (b)(1), including by--
       (i) reviewing and evaluating the report required by 
     subsection (b)(3)(A) to determine the extent of and barriers 
     to achieving compliance with the standards described in 
     subsection (b)(1) among fire services; and
       (ii) considering ways in which the Federal Government, 
     States, and local governments can promote or encourage fire 
     services to comply with such standards.
       (4) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the Secretary submits the report required by subsection 
     (b)(3)(A), the Task Force shall submit to Congress and the 
     Secretary a report on the activities and findings of the Task 
     Force.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings and recommendations of the Task Force with 
     respect to the study carried out under subsection (b)(1).
       (ii) The plan developed under paragraph (3)(B).
       (d) Study and Report on the Needs of Fire Services.--
       (1) Study.--The Administrator shall conduct a study--
       (A) to define the current roles and activities associated 
     with fire services on a national, State, regional, and local 
     level;
       (B) to identify the equipment, staffing, and training 
     required to fulfill the roles and activities defined under 
     subparagraph (A);
       (C) to conduct an assessment to identify gaps between what 
     fire services currently possess and what they require to meet 
     the equipment, staffing, and training needs identified under 
     subparagraph (B) on a national and State-by-State basis; and
       (D) to measure the impact of the grant and assistance 
     program under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of 
     fire services and filling the gaps identified under 
     subparagraph (C).
       (2) Report.--Not later than 2 years after the date of the 
     enactment of this title, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study conducted under paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) $600,000 for fiscal year 2013; and
       (2) $600,000 for fiscal year 2014.

    Subtitle B--Reauthorization of United States Fire Administration

     SEC. 1811. SHORT TITLE.

       This subtitle may be cited as the ``United States Fire 
     Administration Reauthorization Act of 2012''.

     SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED 
                   STATES FIRE ADMINISTRATION AND FEDERAL 
                   EMERGENCY MANAGEMENT AGENCY.

       Section 5(c) of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2204) is amended to read as follows:
       ``(c) Deputy Administrator.--The Administrator may appoint 
     a Deputy Administrator, who shall--
       ``(1) perform such functions as the Administrator shall 
     from time to time assign or delegate; and
       ``(2) act as Administrator during the absence or disability 
     of the Administrator or in the event of a vacancy in the 
     office of Administrator.''.

     SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO 
                   EDUCATE PUBLIC ABOUT FIRE AND FIRE PREVENTION.

       Section 6 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2205) is amended by striking ``to take all 
     steps'' and all that follows through ``fire and fire 
     prevention.'' and inserting ``to take such steps as the 
     Administrator considers appropriate to educate the public and 
     overcome public indifference as to fire, fire prevention, and 
     individual preparedness.''.

     SEC. 1814. AUTHORIZATION OF APPROPRIATIONS.

       Section 17(g)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
       (1) in subparagraph (G), by striking ``and'' at the end;
       (2) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon;
       (3) by adding after subparagraph (H) the following:
       ``(I) $76,490,890 for fiscal year 2013, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(J) $76,490,890 for fiscal year 2014, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(K) $76,490,890 for fiscal year 2015, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(L) $76,490,890 for fiscal year 2016, of which $2,753,672 
     shall be used to carry out section 8(f); and
       ``(M) $76,490,890 for fiscal year 2017, of which $2,753,672 
     shall be used to carry out section 8(f).''; and
       (4) in subparagraphs (E) through (H), by moving each margin 
     2 ems to the left.

     SEC. 1815. REMOVAL OF LIMITATION.

       Section 9(d) of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2208(d)) is amended--

[[Page S7071]]

       (1) by striking ``Update.--'' and all that follows through 
     ``The Administrator'' and inserting ``Update.--The 
     Administrator''; and
       (2) by striking paragraph (2).
                                 ______
                                 
  SA 3078. Mrs. HUTCHISON 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 section 912 of subtitle B of title IX of 
     division A, add the following:
       (c) Extension of Certain Space Launch Liability 
     Provisions.--Section 50915(f) of title 51, United States 
     Code, is amended by striking ``December 31, 2012'' and 
     inserting ``December 31, 2014''.
       (d) Extension of Certain International Space Cooperation 
     Provisions.--Section 7(1)(B) of Public Law 106--178 (50 
     U.S.C. 1701 note) is amended by striking ``prior to July 1, 
     2016'' and inserting ``prior to December 31, 2020''.
       (e) Level of Effort Assurance.--
       (1) In general.--To ensure sufficient resources for the 
     development of Federal and commercial launch capabilities 
     under titles III and IV of the National Aeronautics and Space 
     Administration Authorization Act of 2010 (42 U.S.C. 18301 et 
     seq.; 124 Stat. 2805), for fiscal years 2014 and 2015 the 
     proportionate funding levels for the Space Launch System, the 
     Multi-Purpose Crew Vehicle, known as Orion, and related 
     Ground Systems and technology developments, shall be no less 
     than the proportion as provided in the aggregate within the 
     Exploration account for fiscal year 2013.
       (2) Exception.--Paragraph (1) shall not apply if the 
     amounts provided for the activities under paragraph (1) for 
     fiscal year 2014 or fiscal year 2015 are equal to or greater 
     than the aggregate amounts provided for each of those 
     activities for fiscal year 2012 or 2013, whichever is 
     greater, by an Act of Congress.
                                 ______
                                 
  SA 3079. Mr. GRASSLEY (for himself and Mr. Coons) 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. __. REMOVAL OF ACTION.

       Section 1442 of title 28, United States Code, is amended by 
     striking subsection (c) and inserting the following:
       ``(c) Solely for purposes of determining the propriety of 
     removal under subsection (a), a law enforcement officer, who 
     is the defendant in a criminal prosecution, shall be deemed 
     to have been acting under the color of his office if the 
     officer--
       ``(1) protected an individual in the presence of the 
     officer from a crime of violence;
       ``(2) provided immediate assistance to an individual who 
     suffered, or who was threatened with, bodily harm; or
       ``(3) prevented the escape of any individual who the 
     officer reasonably believed to have committed, or was about 
     to commit, in the presence of the officer, a crime of 
     violence that resulted in, or was likely to result in, death 
     or serious bodily injury.
       ``(d) In this section, the following definitions apply:
       ``(1) The terms `civil action' and `criminal prosecution' 
     include any proceeding (whether or not ancillary to another 
     proceeding) to the extent that in such proceeding a judicial 
     order, including a subpoena for testimony or documents, is 
     sought or issued. If removal is sought for a proceeding 
     described in the previous sentence, and there is no other 
     basis for removal, only that proceeding may be removed to the 
     district court.
       ``(2) The term `crime of violence' has the meaning given 
     that term in section 16 of title 18.
       ``(3) The term `law enforcement officer' means any employee 
     described in subparagraph (A), (B), or (C) of section 
     8401(17) of title 5 and any special agent in the Diplomatic 
     Security Service of the Department of State.
       ``(4) The term `serious bodily injury' has the meaning 
     given that term in section 1365 of title 18.
       ``(5) The term `State' includes the District of Columbia, 
     United States territories and insular possessions, and Indian 
     country (as defined in section 1151 of title 18).
       ``(6) The term `State court' includes the Superior Court of 
     the District of Columbia, a court of a United States 
     territory or insular possession, and a tribal court.''.
                                 ______
                                 
  SA 3080. Ms. AYOTTE 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 F of title X, add the following:

     SEC. 1064. REPORT ON CAPABILITIES TO RESPOND TO THREATS POSED 
                   TO DEPLOYED UNITED STATES FORCES AND 
                   INSTALLATIONS BY CRUISE MISSILES, AIRCRAFT, 
                   TACTICAL BALLISTIC MISSILES, ROCKETS, AND OTHER 
                   SURFACE MOVING TARGETS.

       (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 on the 
     capabilities of the Armed Forces to respond to threats posed 
     to deployed United States forces and installations by cruise 
     missiles, aircraft (including unmanned aerial vehicles), 
     tactical ballistic missiles, large caliber rockets, and other 
     surface moving targets.
       (b) Elements.--The report shall include the following:
       (1) A summary of the current unmet requirements of the 
     combatant commands to respond to the threats described in 
     subsection (a).
       (2) A plan that, if implemented, would address current 
     unmet requirements summarized under paragraph (1), including 
     by--
       (A) expeditiously addressing any gaps between the 
     requirements summarized under paragraph (1) and current 
     capabilities to meet such requirements; and
       (B) ensuring that the capabilities of the Armed Forces keep 
     abreast of such threats in the future, including through--
       (i) the development and deployment of persistent 
     surveillance and tracking systems that rapidly share fire 
     control data to extend the effective engagement ranges of 
     various platforms;
       (ii) the integration of such systems into current and 
     future strategic plans for the defense of forward deployed 
     United States forces; and
       (iii) the use of cost assessments by the Office of Cost 
     Assessment and Program Evaluation to obtain comparative 
     assessments of the costs of existing capabilities with the 
     costs of systems in development and time to field.
       (c) Form.--The report shall be submitted in unclassified 
     form, but may include a classified annex.
                                 ______
                                 
  SA 3081. Mr. BARRASSO 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. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND 
                   OVERSEAS CITIZENS ABSENTEE VOTING ACT.

       Section 105 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-4) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Private Right of Action.--A person who is aggrieved 
     by a violation of this Act may bring a civil action in an 
     appropriate district court for such declaratory or injunctive 
     relief as may be necessary to carry out this Act.
       ``(c) Attorney's Fees.--In a civil action under this 
     section, the court may allow the prevailing party (other than 
     the United States) reasonable attorney's fees, including 
     litigation expenses, and costs.
       ``(d) Reports to Congress.--
       ``(1) Annual report.--Not later than December 31 of each 
     year, the Attorney General shall submit to Congress an annual 
     report on any civil action brought by the Attorney General 
     under subsection (a) during the preceding year or any civil 
     action brought by a private party under subsection (b) in 
     which the Attorney General intervened.
       ``(2) Report on enforcement.--Not later than July 1 of each 
     year in which a general election for Federal office is 
     scheduled, the Attorney General shall submit to Congress a 
     report on the number of attorneys and other staff within the 
     Department of Justice assigned to enforce the Uniformed and 
     Overseas Citizen Absentee Voting Act, as well as the Attorney 
     General's plan to detect noncompliance by State and local 
     election officials with the requirements of the law.''.
                                 ______
                                 
  SA 3082. Mr. BARRASSO 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 VI, add the following:

[[Page S7072]]

     SEC. 662. REPORT ON ISSUANCE BY ARMED FORCES MEDICAL EXAMINER 
                   OF DEATH CERTIFICATES FOR MEMBERS OF THE ARMED 
                   FORCES WHO DIE ON ACTIVE DUTY ABROAD.

       (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 congressional defense committees a report 
     on the issuance by the Armed Forces Medical Examiner of death 
     certificates for members of the Armed Forces who die on 
     active duty abroad, including mechanisms for reducing or 
     ameliorating delays in the issuance of such death 
     certificates.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the process used by the Armed Forces 
     Medical Examiner to issue a death certificate for members of 
     the Armed Forces who die on active duty abroad, including an 
     explanation for any current delays in the issuance of such 
     death certificates.
       (2) A description of the average amount of time taken by 
     the Armed Forces Medical Examiner to issue such death 
     certificates.
       (3) An assessment of the feasibility and advisability of 
     issuing temporary death certificates for members of the Armed 
     Forces who die on active duty abroad in order to provide 
     necessary documentation for survivors.
       (4) A description of the actions required to enable the 
     Armed Forces Medical Examiner to issue a death certificate 
     for a member of the Armed Forces who dies on active duty 
     abroad not later than seven days after the return of the 
     remains of the member to the United States.
       (5) Such other recommendations for legislative or 
     administrative action as the Secretary considers appropriate 
     to provide for the issuance by the Armed Forces Medical 
     Examiner of a death certificate for members of the Armed 
     Forces who die on active duty abroad not later than seven 
     days after the return of the remains of such members to the 
     United States.
                                 ______
                                 
  SA 3083. Mr. BARRASSO (for himself, Mr. Hoeven, Mr. Enzi, 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 C of title II, add the following:

     SEC. 238. READINESS AND FLEXIBILITY OF INTERCONTINENTAL 
                   BALLISTIC MISSILE FORCE.

       The Secretary of Defense may, in a manner consistent with 
     the obligations of the United States under international 
     agreements--
       (1) retain intercontinental ballistic missile launch 
     facilities currently supporting deployed strategic nuclear 
     delivery vehicles within the limit of 800 deployed and non-
     deployed strategic launchers;
       (2) maintain intercontinental ballistic missiles on alert 
     or operationally deployed status; and
       (3) preserve intercontinental ballistic missile silos in 
     operational or warm status.
                                 ______
                                 
  SA 3084. Mr. BARRASSO 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. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF 
                   VETERANS MEMORIAL OBJECTS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (a) Codification of Prohibition.--Section 2572 of title 10, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(e)(1) Except as provided in paragraph (3), and 
     notwithstanding this section or any other provision of law, 
     the President may not transfer a veterans memorial object to 
     a foreign country or an entity controlled by a foreign 
     government, or otherwise transfer or convey such an object to 
     any person or entity for purposes of the ultimate transfer or 
     conveyance of the object to a foreign country or entity 
     controlled by a foreign government.
       ``(2) In this subsection:
       ``(A) The term `entity controlled by a foreign government' 
     has the meaning given that term in section 2536(c)(1) of this 
     title.
       ``(B) The term `veterans memorial object' means any object, 
     including a physical structure or portion thereof, that--
       ``(i) is located at a cemetery of the National Cemetery 
     System, war memorial, or military installation in the United 
     States;
       ``(ii) is dedicated to, or otherwise memorializes, the 
     death in combat or combat-related duties of members of the 
     armed forces; and
       ``(iii) was brought to the United States from abroad as a 
     memorial of combat abroad.''.
       (b) Repeal of Obsolete Source Law.--Section 1051 of the 
     National Defense Authorization Act for Fiscal Year 2000 
     (Public Law 106-65; 10 U.S.C. 2572 note) is repealed.
                                 ______
                                 
  SA 3085. Mr. VITTER 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 306, between lines 2 and 3, insert the following:
       (3) Additional elements.--In developing the plan required 
     by paragraph (1), the Secretary shall also--
       (A) identify targets for the number of personnel to be 
     reassigned to tasks related to offensive cyber operations, 
     and the rate at which such personnel shall be added to the 
     workforce for such tasks; and
       (B) identify targets for use of National Guard personnel to 
     support cyber workforce rationalization and the actions taken 
     under subsection (a).
                                 ______
                                 
  SA 3086. Mr. VITTER 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 XVII, add the following:

     SEC. 1711. AIR FORCE ASSESSMENTS OF THE EFFECTS OF PROPOSED 
                   MOVEMENTS OF AIRFRAMES ON JOINT READINESS 
                   TRAINING.

       The Secretary of the Air Force shall--
       (1) undertake an assessment of the effects of currently-
     proposed movements of Air Force airframes on Green Flag East 
     and Green Flag West joint readiness training; and
       (2) if the Secretary determines it appropriate, submit to 
     the congressional defense committees a report setting forth a 
     proposal to make future replacements of capabilities for 
     purposes of augmenting training at the joint readiness 
     training center (JRTC) or for such other purposes as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 3087. Mr. VITTER 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 PLANNED EFFICIENCY INITIATIVES AT SPACE 
                   AND NAVAL WARFARE SYSTEMS COMMAND.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of the Navy shall 
     submit to the congressional defense committees a report on 
     plans to implement efficiency initiatives to reduce overhead 
     costs at the Space and Naval Warfare Systems Command 
     (SPAWAR), including a detailed description of the long-term 
     impacts on current and planned future mission requirements.
       (b) Prohibition on Account Adjustments.--The Secretary of 
     the Navy may not make adjustments in relation to Commander 
     Navy Installations Command, Naval Warfare Systems Center 
     Atlantic accounts until the Secretary submits the report 
     required under subsection (a).
                                 ______
                                 
  SA 3088. Mr. CASEY (for himself, Mrs. Hutchison, Ms. Mikulski, Mrs. 
Feinstein, Mrs. Gillibrand, Ms. Murkowski, Ms. Snowe, Mr. Lautenberg, 
and Mr. Cardin) 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 XII, add the following:

     SEC. 1246. STRATEGY FOR PROMOTING THE SECURITY OF AFGHAN 
                   WOMEN AND GIRLS DURING THE SECURITY TRANSITION 
                   PROCESS.

       (a) Findings.--Congress makes the following findings:
       (1) According to the Department of Defense's April 2012 
     Report on Progress Toward Security and Stability in 
     Afghanistan:
       (A) ``U.S. and coalition forces will continue to degrade 
     the Taliban-led insurgency in

[[Page S7073]]

     order to provide time and space to increase the capacity of 
     the Afghan National Security Forces and the Afghan Government 
     so they can assume full responsibility for Afghanistan's 
     security by the end of 2014.''
       (B) ``Transition to Afghan security lead began in July 2011 
     and transition to full Afghan security responsibility will be 
     complete country-wide by the end of 2014.''
       (C) ``The security of the Afghan people and the stability 
     of the government are used to judge provincial readiness to 
     move to each successive stage of transition implementation.''
       (D) For each area designated for transition, a transition 
     implementation plan is developed by the Government of 
     Afghanistan, NATO, and ISAF and approved by the Joint Afghan-
     NATO Inteqal Board (JANIB). JANIB is also responsible for 
     recommending areas to enter and exit the transition process.
       (2) According to a 2002 study on Women, Peace and Security 
     submitted by the Secretary-General of the United Nations 
     pursuant to Security Council resolution 1325 (2000), ``the 
     suspension of or restriction on women's enjoyment of their 
     human rights'' can act as an early-warning indicator of 
     impending or renewed conflict. In Afghanistan, restrictions 
     on women's mobility and rights can signal the presence of 
     extremist or insurgent elements in a community.
       (3) The security of Afghan women and girls in areas 
     undergoing security transitions will be an important gauge of 
     the transition strategy's success. Indicators by which to 
     measure women's security include the mobility of women and 
     girls, the participation of women in local government bodies, 
     the rate of school attendance for girls, women's access to 
     government services, and the prevalence of violence against 
     women.
       (4) Maintaining and improving physical security for Afghan 
     women and girls throughout the country is critical in order 
     for women and girls to take advantage of opportunities in 
     education, commerce, politics, and other areas of public 
     life, which in turn is essential for the future stability and 
     prosperity of Afghanistan.
       (5) Women who serve as public officials at all levels of 
     the Government of Afghanistan face serious threats to their 
     personal security and that of their families. Many female 
     officials have been the victims of violent crimes, but they 
     are generally not afforded official protection by the 
     Government of Afghanistan or security forces.
       (6) Protecting the security and human rights of Afghan 
     women and girls requires the involvement of Afghan men and 
     boys through education about the important benefits of 
     women's full participation in social, economic, and political 
     life. Male officials and security personnel can play a 
     particularly important role in supporting and protecting 
     women and girls.
       (7) The Chicago Summit Declaration issued by NATO in May 
     2012 states: ``As the Afghan National Police further develop 
     and professionalize, they will evolve towards a sustainable, 
     credible, and accountable civilian law enforcement force that 
     will shoulder the main responsibility for domestic security. 
     This force should be capable of providing policing services 
     to the Afghan population as part of the broader Afghan rule 
     of law system.''
       (8) Women face significant barriers to full participation 
     in the ANA and ANP, including a discriminatory or hostile 
     work environment and the lack of separate facilities designed 
     for female personnel.
       (9) As of September 2012, female recruitment and retention 
     rates for the Afghan National Security Forces are far below 
     published targets, as follows:
       (A) Approximately 1,700 women serve in the Afghan National 
     Security Forces, or less than half of one percent of the 
     total force.
       (B) In 2010, President Hamid Karzai announced plans to 
     recruit and train 5,000 women in the Afghan National Police, 
     or approximately 3 percent of the force, by 2014. Currently, 
     there are approximately 1,370 women in the ANP, or 0.87 
     percent of the police force.
       (C) Approximately 350 women currently serve in the Afghan 
     National Army, representing only 0.17 percent of the force. 
     The Government of Afghanistan has said that its goal is to 
     achieve a force that is 10 percent female. As of May 2012, 
     approximately 3 percent of new ANA recruits were women.
       (10) Male security personnel often do not respond to 
     threats or incidences of violence against women, particularly 
     at the local level. They largely lack the training and 
     understanding needed to respond appropriately and effectively 
     to situations involving women. According to the Department of 
     Defense's April 2012 Report on Progress Toward Security and 
     Stability in Afghanistan:
       (A) The Afghan Ministry of Defense ``lacks the combination 
     of policies, procedures, and execution to promote opportunity 
     and fair and respectful treatment of women in the force''.
       (B) The Afghan Ministry of Interior ``faces significant 
     challenges in fully integrating and protecting women in the 
     ANP workforce, especially among operational units at the 
     provincial and district levels''.
       (C) In the Afghan National Police, ``Many Provincial 
     Headquarters Commanders do not accept policewomen, as they 
     prefer male candidates and lack adequate facilities to 
     support females.''
       (D) ``While women are greatly needed to support police 
     operations, a combination of cultural impediments, weak 
     recruitment, and uneven application of policies hinder 
     significant progress.''
       (E) ``Although stronger documentation, implementation, and 
     enforcement of policies, procedures, and guidance to better 
     integrate women will help, time will be needed to change the 
     cultural mores that form the basis of many of the current 
     impediments.''
       (11) The United States, the North American Treaty 
     Organization, and United States coalition partners have made 
     firm commitments to support the human rights of the women and 
     girls of Afghanistan, as evidenced by the following actions:
       (A) According to the United States National Action Plan on 
     Women, Peace and Security, ``integrating women and gender 
     considerations into peace-building processes helps promote 
     democratic governance and long-term stability,'' which are 
     key United States strategic goals in Afghanistan.
       (B) The National Action Plan also states that ``the 
     engagement and protection of women as agents of peace and 
     stability will be central to United States efforts to promote 
     security, prevent, respond to, and resolve conflict, and 
     rebuild societies.'' This policy applies to United States 
     Government efforts in Afghanistan, where addressing the 
     security vulnerabilities of Afghan women and girls during the 
     period of security transition is an essential step toward 
     long-term stability.
       (C) The Chicago Summit Declaration issued by NATO in May 
     2012 states: ``We emphasize the importance of full 
     participation of all Afghan women in the reconstruction, 
     political, peace and reconciliation processes in Afghanistan 
     and the need to respect the institutional arrangements 
     protecting their rights. We remain committed to the 
     implementation of United Nations Security Council Resolution 
     (UNSCR) 1325 on women, peace and security. We recognize also 
     the need for the protection of children from the damaging 
     effects of armed conflict as required in relevant UNSCRs.''
       (12) The Strategic Partnership Agreement signed between the 
     United States and Afghanistan by President Obama and 
     President Karzai in June 2012 states, ``Consistent with its 
     Constitution and international obligations, Afghanistan shall 
     ensure and advance the essential role of women in society, so 
     that they may fully enjoy their economic, social, political, 
     civil and cultural rights.''
       (b) Strategy to Promote Security of Afghan Women.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     concurrence with the Secretary of State, shall submit to the 
     appropriate congressional committees a strategy to be 
     implemented by the Department of Defense, working with the 
     NATO Training Mission Afghanistan (NTM-A) and Afghan 
     partners, to promote the security of Afghan women during the 
     security transition process.
       (2) Elements.--The strategy required under paragraph (1) 
     shall include the following elements:
       (A) A strategy to monitor and respond to changes in women's 
     security conditions in areas undergoing transition, including 
     the following actions:
       (i) Seeking to designate a Civilian Impact Advisor on the 
     Joint Afghan-NATO Inteqal Board (JANIB) to assess the impact 
     of transition on male and female civilians and ensure that 
     efforts to protect women's rights and security are included 
     in each area's transition implementation plan.
       (ii) Reviewing existing indicators against which sex-
     disaggregated data is collected and, if necessary, developing 
     additional indicators, to ensure the availability of data 
     that can be used to measure women's security, such as--

       (I) the mobility of women and girls;
       (II) the participation of women in local government bodies;
       (III) the rate of school attendance for girls;
       (IV) women's access to government services; and
       (V) the prevalence of violence against women; and 
     incorporating those indicators into ongoing efforts to assess 
     overall security conditions during the transition period.

       (iii) Integrating assessments of women's security into 
     current procedures used to determine an area's readiness to 
     proceed through the transition process.
       (iv) Working with Afghan partners, coalition partners, and 
     relevant United States Government departments and agencies to 
     take concrete action to support women's rights and security 
     in cases of deterioration in women's security conditions 
     during the transition period.
       (B) A strategy to increase gender awareness and 
     responsiveness among Afghan National Army and Afghan National 
     Police personnel, including the following actions:
       (i) Working with Afghan and coalition partners to utilize 
     training curricula and programming that addresses the human 
     rights of women and girls, appropriate responses to threats 
     against women and girls, and appropriate behavior toward 
     female colleagues and members of the community; assessing the 
     quality and consistency of this training across regional 
     commands; and assessing the impact of this training on 
     trainee behavior.
       (ii) Working with national and local ANA and ANP leaders to 
     develop and utilize enforcement and accountability mechanisms 
     for ANA and ANP personnel who violate codes of conduct 
     related to the human rights of women and girls.

[[Page S7074]]

       (iii) Working with Afghan and coalition partners to 
     implement the above tools and develop uniform methods and 
     standards for training and enforcement among coalition 
     partners and across regions.
       (C) A strategy to increase the number of female members of 
     the ANA and ANP, including the following actions:
       (i) Providing, through consultation with Afghan partners, 
     realistic and achievable objectives for the recruitment and 
     retention of women to the ANA and ANP by the end of the 
     security transition period in 2014.
       (ii) Working with national and local ANA and ANP leaders 
     and coalition partners to address physical and cultural 
     challenges to the recruitment and retention of female ANA and 
     ANP personnel, including through targeted recruitment 
     campaigns, expanded training and mentorship opportunities, 
     parity in pay and promotion rates with male counterparts, and 
     availability of facilities for female personnel.
       (iii) Working with national and local ANA and ANP leaders 
     to increase understanding about the unique ways in which 
     women members of the security forces improve the force's 
     overall effectiveness.
       (iv) Working with national and local ANA and ANP leaders to 
     develop a plan for maintaining and increasing the recruitment 
     and retention of women in the ANA and ANP following the 
     completion of the security transition.
       (3) Report.--The Secretary of Defense shall include in each 
     report on progress toward security and stability in 
     Afghanistan that is submitted to Congress under sections 1230 
     and 1231 of the National Defense Authorization Act for Fiscal 
     Year 2008 (Public Law 110-181; 122 Stat. 385, 390) a section 
     describing actions taken to implement the strategy required 
     under this subsection.
       (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 3089. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. 
Brown of Massachusetts) 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--FIRE GRANTS REAUTHORIZATION

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Fire Grants 
     Reauthorization Act of 2012''.

     SEC. 1802. AMENDMENTS TO DEFINITIONS.

       (a) In General.--Section 4 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by inserting ``, except as otherwise 
     provided,'' after ``means'';
       (2) in paragraph (4), by striking `` `Director' means'' and 
     all that follows through ``Agency;'' and inserting `` 
     `Administrator of FEMA' means the Administrator of the 
     Federal Emergency Management Agency;'';
       (3) in paragraph (5)--
       (A) by inserting ``Indian tribe,'' after ``county,''; and
       (B) by striking ``and `firecontrol' '' and inserting ``and 
     `fire control' '';
       (4) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively;
       (5) by inserting after paragraph (5), the following:
       ``(6) `Indian tribe' has the meaning given that term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b) and `tribal' means of or 
     pertaining to an Indian tribe;'';
       (6) by redesignating paragraphs (9) and (10), as 
     redesignated by paragraph (4), as paragraphs (10) and (11);
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (4), the following:
       ``(9) `Secretary' means, except as otherwise provided, the 
     Secretary of Homeland Security;''; and
       (8) by amending paragraph (10), as redesignated by 
     paragraph (6), to read as follows:
       ``(10) `State' has the meaning given the term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
       (b) Conforming Amendments.--
       (1) Administrator of fema.--The Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator of FEMA''.
       (2) Administrator of fema's award.--Section 15 of such Act 
     (15 U.S.C. 2214) is amended by striking ``Director's Award'' 
     each place it appears and inserting ``Administrator's 
     Award''.

     SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended to read as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Administrator of fema.--The term `Administrator of 
     FEMA' means the Administrator of FEMA, acting through the 
     Administrator.
       ``(2) Available grant funds.--The term `available grant 
     funds', with respect to a fiscal year, means those funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (q)(1) for such fiscal year less any funds used 
     for administrative costs pursuant to subsection (q)(2) in 
     such fiscal year.
       ``(3) Career fire department.--The term `career fire 
     department' means a fire department that has an all-paid 
     force of firefighting personnel other than paid-on-call 
     firefighters.
       ``(4) Combination fire department.--The term `combination 
     fire department' means a fire department that has--
       ``(A) paid firefighting personnel; and
       ``(B) volunteer firefighting personnel.
       ``(5) Firefighting personnel.--The term `firefighting 
     personnel' means individuals, including volunteers, who are 
     firefighters, officers of fire departments, or emergency 
     medical service personnel of fire departments.
       ``(6) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(7) Nonaffiliated ems organization.--The term 
     `nonaffiliated EMS organization' means a public or private 
     nonprofit emergency medical services organization that is not 
     affiliated with a hospital and does not serve a geographic 
     area in which the Administrator of FEMA finds that emergency 
     medical services are adequately provided by a fire 
     department.
       ``(8) Paid-on-call.--The term `paid-on-call' with respect 
     to firefighting personnel means firefighting personnel who 
     are paid a stipend for each event to which they respond.
       ``(9) Volunteer fire department.--The term `volunteer fire 
     department' means a fire department that has an all-volunteer 
     force of firefighting personnel.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator of FEMA may award--
       ``(A) assistance to firefighters grants under subsection 
     (c); and
       ``(B) fire prevention and safety grants and other 
     assistance under subsection (d).
       ``(2) Administrative assistance.--The Administrator of FEMA 
     shall--
       ``(A) establish specific criteria for the selection of 
     grant recipients under this section; and
       ``(B) provide assistance with application preparation to 
     applicants for such grants.
       ``(c) Assistance to Firefighters Grants.--
       ``(1) In general.--The Administrator of FEMA may, in 
     consultation with the chief executives of the States in which 
     the recipients are located, award grants on a competitive 
     basis directly to--
       ``(A) fire departments, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the United States against fire, fire-related, and 
     other hazards;
       ``(B) nonaffiliated EMS organizations to support the 
     provision of emergency medical services; and
       ``(C) State fire training academies for the purposes 
     described in subparagraphs (G), (H), and (I) of paragraph 
     (3).
       ``(2) Maximum grant amounts.--
       ``(A) Population.--The Administrator of FEMA may not award 
     a grant under this subsection in excess of amounts as 
     follows:
       ``(i) In the case of a recipient that serves a jurisdiction 
     with 100,000 people or fewer, the amount of the grant awarded 
     to such recipient shall not exceed $1,000,000 in any fiscal 
     year.
       ``(ii) In the case of a recipient that serves a 
     jurisdiction with more than 100,000 people but not more than 
     500,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $2,000,000 in any fiscal year.
       ``(iii) In the case of a recipient that serves a 
     jurisdiction with more than 500,000 but not more than 
     1,000,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $3,000,000 in any fiscal year.
       ``(iv) In the case of a recipient that serves a 
     jurisdiction with more than 1,000,000 people but not more 
     than 2,500,000 people, the amount of the grant awarded to 
     such recipient shall not exceed $6,000,000 for any fiscal 
     year.
       ``(v) In the case of a recipient that serves a jurisdiction 
     with more than 2,500,000 people, the amount of the grant 
     awarded to such recipient shall not exceed $9,000,000 in any 
     fiscal year.
       ``(B) Aggregate.--
       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B) and except as provided under clause (ii), the 
     Administrator of FEMA may not award a grant under this 
     subsection in a fiscal year in an amount that exceeds the 
     amount that is one percent of the available grant funds in 
     such fiscal year.
       ``(ii) Exception.--The Administrator of FEMA may waive the 
     limitation in clause (i) with respect to a grant recipient if 
     the Administrator of FEMA determines that such recipient has 
     an extraordinary need for a grant in an amount that exceeds 
     the limit under clause (i).
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall

[[Page S7075]]

     use the grant for one or more of the following purposes:
       ``(A) To train firefighting personnel in--
       ``(i) firefighting;
       ``(ii) emergency medical services and other emergency 
     response (including response to natural disasters, acts of 
     terrorism, and other man-made disasters);
       ``(iii) arson prevention and detection;
       ``(iv) maritime firefighting; or
       ``(v) the handling of hazardous materials.
       ``(B) To train firefighting personnel to provide any of the 
     training described under subparagraph (A).
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify--
       ``(i) fire inspectors; and
       ``(ii) building inspectors--

       ``(I) whose responsibilities include fire safety 
     inspections; and
       ``(II) who are employed by or serving as volunteers with a 
     fire department.

       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel are able to carry out their duties as firefighters, 
     including programs dedicated to raising awareness of, and 
     prevention of, job-related mental health issues.
       ``(F) To fund emergency medical services provided by fire 
     departments and nonaffiliated EMS organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks and other apparatus.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for--
       ``(i) fighting fires with foam in remote areas without 
     access to water; and
       ``(ii) communications, monitoring, and response to a 
     natural disaster, act of terrorism, or other man-made 
     disaster, including the use of a weapon of mass destruction.
       ``(I) To acquire personal protective equipment, including 
     personal protective equipment--
       ``(i) prescribed for firefighting personnel by the 
     Occupational Safety and Health Administration of the 
     Department of Labor; or
       ``(ii) for responding to a natural disaster or act of 
     terrorism or other man-made disaster, including the use of a 
     weapon of mass destruction.
       ``(J) To modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel.
       ``(K) To educate the public about arson prevention and 
     detection.
       ``(L) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(M) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(d) Fire Prevention and Safety Grants.--
       ``(1) In general.--For the purpose of assisting fire 
     prevention programs and supporting firefighter health and 
     safety research and development, the Administrator of FEMA 
     may, on a competitive basis--
       ``(A) award grants to fire departments;
       ``(B) award grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, tribal, 
     or nonprofit organizations that are not fire departments and 
     that are recognized for their experience and expertise with 
     respect to fire prevention or fire safety programs and 
     activities and firefighter research and development programs, 
     for the purpose of carrying out--
       ``(i) fire prevention programs; and
       ``(ii) research to improve firefighter health and life 
     safety; and
       ``(C) award grants to institutions of higher education, 
     national fire service organizations, or national fire safety 
     organizations to establish and operate fire safety research 
     centers.
       ``(2) Maximum grant amount.--A grant awarded under this 
     subsection may not exceed $1,500,000 for a fiscal year.
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To enforce fire codes and promote compliance with 
     fire safety standards.
       ``(B) To fund fire prevention programs, including programs 
     that educate the public about arson prevention and detection.
       ``(C) To fund wildland fire prevention programs, including 
     education, awareness, and mitigation programs that protect 
     lives, property, and natural resources from fire in the 
     wildland-urban interface.
       ``(D) In the case of a grant awarded under paragraph 
     (1)(C), to fund the establishment or operation of a fire 
     safety research center for the purpose of significantly 
     reducing the number of fire-related deaths and injuries among 
     firefighters and the general public through research, 
     development, and technology transfer activities.
       ``(E) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(4) Limitation.--None of the funds made available under 
     this subsection may be provided to the Association of 
     Community Organizations for Reform Now (ACORN) or any of its 
     affiliates, subsidiaries, or allied organizations.
       ``(e) Applications for Grants.--
       ``(1) In general.--An entity seeking a grant under this 
     section shall submit to the Administrator of FEMA an 
     application therefor in such form and in such manner as the 
     Administrator of FEMA determines appropriate.
       ``(2) Elements.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) A description of the financial need of the applicant 
     for the grant.
       ``(B) An analysis of the costs and benefits, with respect 
     to public safety, of the use for which a grant is requested.
       ``(C) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     grant.
       ``(D) A list of other sources of funding received by the 
     applicant--
       ``(i) for the same purpose for which the application for a 
     grant under this section was submitted; or
       ``(ii) from the Federal Government for other fire-related 
     purposes.
       ``(E) Such other information as the Administrator of FEMA 
     determines appropriate.
       ``(3) Joint or regional applications.--
       ``(A) In general.--Two or more entities may submit an 
     application under paragraph (1) for a grant under this 
     section to fund a joint program or initiative, including 
     acquisition of shared equipment or vehicles.
       ``(B) Nonexclusivity.--Applications under this paragraph 
     may be submitted instead of or in addition to any other 
     application submitted under paragraph (1).
       ``(C) Guidance.--The Administrator of FEMA shall--
       ``(i) publish guidance on applying for and administering 
     grants awarded for joint programs and initiatives described 
     in subparagraph (A); and
       ``(ii) encourage applicants to apply for grants for joint 
     programs and initiatives described in subparagraph (A) as the 
     Administrator of FEMA determines appropriate to achieve 
     greater cost effectiveness and regional efficiency.
       ``(f) Peer Review of Grant Applications.--
       ``(1) In general.--The Administrator of FEMA shall, after 
     consultation with national fire service and emergency medical 
     services organizations, appoint fire service personnel to 
     conduct peer reviews of applications received under 
     subsection (e)(1).
       ``(2) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(g) Prioritization of Grant Awards.--In awarding grants 
     under this section, the Administrator of FEMA shall consider 
     the following:
       ``(1) The findings and recommendations of the peer reviews 
     carried out under subsection (f).
       ``(2) The degree to which an award will reduce deaths, 
     injuries, and property damage by reducing the risks 
     associated with fire-related and other hazards.
       ``(3) The extent of the need of an applicant for a grant 
     under this section and the need to protect the United States 
     as a whole.
       ``(4) The number of calls requesting or requiring a fire 
     fighting or emergency medical response received by an 
     applicant.
       ``(h) Allocation of Grant Awards.--In awarding grants under 
     this section, the Administrator of FEMA shall ensure that of 
     the available grant funds in each fiscal year--
       ``(1) not less than 25 percent are awarded under subsection 
     (c) to career fire departments;
       ``(2) not less than 25 percent are awarded under subsection 
     (c) to volunteer fire departments;
       ``(3) not less than 25 percent are awarded under subsection 
     (c) to combination fire departments and fire departments 
     using paid-on-call firefighting personnel;
       ``(4) not less than 10 percent are available for open 
     competition among career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments using paid-on-call firefighting personnel for 
     grants awarded under subsection (c);
       ``(5) not less than 10 percent are awarded under subsection 
     (d); and
       ``(6) not more than 2 percent are awarded under this 
     section to nonaffiliated EMS organizations described in 
     subsection (c)(1)(B).
       ``(i) Additional Requirements and Limitations.--
       ``(1) Funding for emergency medical services.--Not less 
     than 3.5 percent of the available grant funds for a fiscal 
     year shall be awarded under this section for purposes 
     described in subsection (c)(3)(F).
       ``(2) State fire training academies.--
       ``(A) Maximum share.--Not more than 3 percent of the 
     available grant funds for a fiscal year may be awarded under 
     subsection (c)(1)(C).
       ``(B) Maximum grant amount.--The Administrator of FEMA may 
     not award a grant under subsection (c)(1)(C) to a State fire 
     training academy in an amount that exceeds $1,000,000 in any 
     fiscal year.
       ``(3) Amounts for purchasing firefighting vehicles.--Not 
     more than 25 percent of the available grant funds for a 
     fiscal year may be used to assist grant recipients to 
     purchase vehicles pursuant to subsection (c)(3)(G).
       ``(j) Further Considerations.--
       ``(1) Assistance to firefighters grants to fire 
     departments.--In considering applications for grants under 
     subsection (c)(1)(A), the Administrator of FEMA shall 
     consider--

[[Page S7076]]

       ``(A) the extent to which the grant would enhance the daily 
     operations of the applicant and the impact of such a grant on 
     the protection of lives and property; and
       ``(B) a broad range of factors important to the applicant's 
     ability to respond to fires and related hazards, such as the 
     following:
       ``(i) Population served.
       ``(ii) Geographic response area.
       ``(iii) Hazards vulnerability.
       ``(iv) Call volume.
       ``(v) Financial situation, including unemployment rate of 
     the area being served.
       ``(vi) Need for training or equipment.
       ``(2) Applications from nonaffiliated ems organizations.--
     In the case of an application submitted under subsection 
     (e)(1) by a nonaffiliated EMS organization, the Administrator 
     of FEMA shall consider the extent to which other sources of 
     Federal funding are available to the applicant to provide the 
     assistance requested in such application.
       ``(3) Awarding fire prevention and safety grants to certain 
     organizations that are not fire departments.--In the case of 
     applicants for grants under this section who are described in 
     subsection (d)(1)(B), the Administrator of FEMA shall give 
     priority to applicants who focus on--
       ``(A) prevention of injuries to high risk groups from fire; 
     and
       ``(B) research programs that demonstrate a potential to 
     improve firefighter safety.
       ``(4) Awarding grants for fire safety research centers.--
       ``(A) Considerations.--In awarding grants under subsection 
     (d)(1)(C), the Administrator of FEMA shall--
       ``(i) select each grant recipient on--

       ``(I) the demonstrated research and extension resources 
     available to the recipient to carry out the research, 
     development, and technology transfer activities;
       ``(II) the capability of the recipient to provide 
     leadership in making national contributions to fire safety;
       ``(III) the recipient's ability to disseminate the results 
     of fire safety research; and
       ``(IV) the strategic plan the recipient proposes to carry 
     out under the grant;

       ``(ii) give special consideration in selecting recipients 
     under subparagraph (A) to an applicant for a grant that 
     consists of a partnership between--

       ``(I) a national fire service organization or a national 
     fire safety organization; and
       ``(II) an institution of higher education, including a 
     minority-serving institution (as described in section 371(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); 
     and

       ``(iii) consider the research needs identified and 
     prioritized through the workshop required by subparagraph 
     (B)(i).
       ``(B) Research needs.--
       ``(i) In general.--Not later than 90 days after the date of 
     the enactment of the Fire Grants Reauthorization Act of 2012, 
     the Administrator of FEMA shall convene a workshop of the 
     fire safety research community, fire service organizations, 
     and other appropriate stakeholders to identify and prioritize 
     fire safety research needs.
       ``(ii) Publication.--The Administrator of FEMA shall ensure 
     that the results of the workshop are made available to the 
     public.
       ``(C) Limitations on grants for fire safety research 
     centers.--
       ``(i) In general.--The Administrator of FEMA may award 
     grants under subsection (d) to establish not more than 3 fire 
     safety research centers.
       ``(ii) Recipients.--An institution of higher education, a 
     national fire service organization, and a national fire 
     safety organization may not directly receive a grant under 
     subsection (d) for a fiscal year for more than 1 fire safety 
     research center.
       ``(5) Avoiding duplication.--The Administrator of FEMA 
     shall review lists submitted by applicants pursuant to 
     subsection (e)(2)(D) and take such actions as the 
     Administrator of FEMA considers necessary to prevent 
     unnecessary duplication of grant awards.
       ``(k) Matching and Maintenance of Expenditure 
     Requirements.--
       ``(1) Matching requirement for assistance to firefighters 
     grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an applicant seeking a grant to carry out an activity under 
     subsection (c) shall agree to make available non-Federal 
     funds to carry out such activity in an amount equal to not 
     less than 15 percent of the grant awarded to such applicant 
     under such subsection.
       ``(B) Exception for entities serving small communities.--In 
     the case that an applicant seeking a grant to carry out an 
     activity under subsection (c) serves a jurisdiction of--
       ``(i) more than 20,000 residents but not more than 
     1,000,000 residents, the application shall agree to make 
     available non-Federal funds in an amount equal to not less 
     than 10 percent of the grant awarded to such applicant under 
     such subsection; and
       ``(ii) 20,000 residents or fewer, the applicant shall agree 
     to make available non-Federal funds in an amount equal to not 
     less than 5 percent of the grant awarded to such applicant 
     under such subsection.
       ``(2) Matching requirement for fire prevention and safety 
     grants.--
       ``(A) In general.--An applicant seeking a grant to carry 
     out an activity under subsection (d) shall agree to make 
     available non-Federal funds to carry out such activity in an 
     amount equal to not less than 5 percent of the grant awarded 
     to such applicant under such subsection.
       ``(B) Means of matching.--An applicant for a grant under 
     subsection (d) may meet the matching requirement under 
     subparagraph (A) through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, services, material, or equipment.
       ``(3) Maintenance of expenditures.--An applicant seeking a 
     grant under subsection (c) or (d) shall agree to maintain 
     during the term of the grant the applicant's aggregate 
     expenditures relating to the uses described in subsections 
     (c)(3) and (d)(3) at not less than 80 percent of the average 
     amount of such expenditures in the 2 fiscal years preceding 
     the fiscal year in which the grant amounts are received.
       ``(4) Waiver.--
       ``(A) In general.--Except as provided in subparagraph 
     (C)(ii), the Administrator of FEMA may waive or reduce the 
     requirements of paragraphs (1), (2), and (3) in cases of 
     demonstrated economic hardship.
       ``(B) Guidelines.--
       ``(i) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of this paragraph.
       ``(ii) Consultation.--In developing guidelines under clause 
     (i), the Administrator of FEMA shall consult with individuals 
     who are--

       ``(I) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(II) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.

       ``(iii) Considerations.--In developing guidelines under 
     clause (i), the Administrator of FEMA shall consider, with 
     respect to relevant communities, the following:

       ``(I) Changes in rates of unemployment from previous years.
       ``(II) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(III) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(IV) Such other factors as the Administrator of FEMA 
     considers appropriate.

       ``(C) Certain applicants for fire prevention and safety 
     grants.--The authority under subparagraph (A) shall not apply 
     with respect to a nonprofit organization that--
       ``(i) is described in subsection (d)(1)(B); and
       ``(ii) is not a fire department or emergency medical 
     services organization.
       ``(l) Grant Guidelines.--
       ``(1) Guidelines.--For each fiscal year, prior to awarding 
     any grants under this section, the Administrator of FEMA 
     shall publish in the Federal Register--
       ``(A) guidelines that describe--
       ``(i) the process for applying for grants under this 
     section; and
       ``(ii) the criteria that will be used for selecting grant 
     recipients; and
       ``(B) an explanation of any differences between such 
     guidelines and the recommendations obtained under paragraph 
     (2).
       ``(2) Annual meeting to obtain recommendations.--
       ``(A) In general.--For each fiscal year, the Administrator 
     of FEMA shall convene a meeting of qualified members of 
     national fire service organizations and, at the discretion of 
     the Administrator of FEMA, qualified members of emergency 
     medical service organizations to obtain recommendations 
     regarding the following:
       ``(i) Criteria for the awarding of grants under this 
     section.
       ``(ii) Administrative changes to the assistance program 
     established under subsection (b).
       ``(B) Qualified members.--For purposes of this paragraph, a 
     qualified member of an organization is a member who--
       ``(i) is recognized for expertise in firefighting or 
     emergency medical services;
       ``(ii) is not an employee of the Federal Government; and
       ``(iii) in the case of a member of an emergency medical 
     service organization, is a member of an organization that 
     represents--

       ``(I) providers of emergency medical services that are 
     affiliated with fire departments; or
       ``(II) nonaffiliated EMS providers.

       ``(3) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out under this subsection.
       ``(m) Accounting Determination.--Notwithstanding any other 
     provision of law, for purposes of this section, equipment 
     costs shall include all costs attributable to any design, 
     purchase of components, assembly, manufacture, and 
     transportation of equipment not otherwise commercially 
     available.
       ``(n) Eligible Grantee on Behalf of Alaska Native 
     Villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     eligible to apply for and receive a grant or other assistance 
     under this section on behalf of Alaska Native villages.
       ``(o) Training Standards.--If an applicant for a grant 
     under this section is applying for such grant to purchase 
     training that does not meet or exceed any applicable national 
     voluntary consensus standards, including those developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit 
     to the Administrator of FEMA

[[Page S7077]]

     an explanation of the reasons that the training proposed to 
     be purchased will serve the needs of the applicant better 
     than training that meets or exceeds such standards.
       ``(p) Ensuring Effective Use of Grants.--
       ``(1) Audits.--The Administrator of FEMA may audit a 
     recipient of a grant awarded under this section to ensure 
     that--
       ``(A) the grant amounts are expended for the intended 
     purposes; and
       ``(B) the grant recipient complies with the requirements of 
     subsection (k).
       ``(2) Performance assessment.--
       ``(A) In general.--The Administrator of FEMA shall develop 
     and implement a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section, including protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards.
       ``(B) Consultation.--The Administrator of FEMA shall 
     consult with fire service representatives and with the 
     Comptroller General of the United States in developing the 
     assessment system required by subparagraph (A).
       ``(3) Annual reports to administrator of fema.--Not less 
     frequently than once each year during the term of a grant 
     awarded under this section, the recipient of the grant shall 
     submit to the Administrator of FEMA an annual report 
     describing how the recipient used the grant amounts.
       ``(4) Annual reports to congress.--
       ``(A) In general.--Not later than September 30, 2013, and 
     each year thereafter through 2017, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report that provides--
       ``(i) information on the performance assessment system 
     developed under paragraph (2); and
       ``(ii) using the performance metrics developed under such 
     paragraph, an evaluation of the effectiveness of the grants 
     awarded under this section.
       ``(B) Additional information.--The report due under 
     subparagraph (A) on September 30, 2016, shall also include 
     recommendations for legislative changes to improve grants 
     under this section.
       ``(q) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section--
       ``(A) $750,000,000 for fiscal year 2013; and
       ``(B) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(ii) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in clause (i).
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts for salaries and expenses and other administrative 
     costs incurred by the Administrator of FEMA in the course of 
     awarding grants and providing assistance under this section.
       ``(3) Congressionally directed spending.--Consistent with 
     the requirements in subsections (c)(1) and (d)(1) that grants 
     under those subsections be awarded on a competitive basis, 
     none of the funds appropriated pursuant to this subsection 
     may be used for any congressionally directed spending item 
     (as defined under the rules of the Senate and the House of 
     Representatives).
       ``(r) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

       (a) Improvements to Hiring Grants.--
       (1) Term of grants.--Subparagraph (B) of section 34(a)(1) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a(a)(1)) is amended to read as follows:
       ``(B) Grants made under this paragraph shall be for 3 years 
     and be used for programs to hire new, additional 
     firefighters.''.
       (2) Limitation of portion of costs of hiring 
     firefighters.--Subparagraph (E) of such section is amended to 
     read as follows:
       ``(E) The portion of the costs of hiring firefighters 
     provided by a grant under this paragraph may not exceed--
       ``(i) 75 percent in the first year of the grant;
       ``(ii) 75 percent in the second year of the grant; and
       ``(iii) 35 percent in the third year of the grant.''.
       (b) Clarification Regarding Eligible Entities for 
     Recruitment and Retention Grants.--The second sentence of 
     section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is 
     amended by striking ``organizations on a local or statewide 
     basis'' and inserting ``national, State, local, or tribal 
     organizations''.
       (c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) 
     of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 
     to read as follows:
       ``(4) The amount of funding provided under this section to 
     a recipient fire department for hiring a firefighter in any 
     fiscal year may not exceed--
       ``(A) in the first year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted;
       ``(B) in the second year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted; 
     and
       ``(C) in the third year of the grant, 35 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was 
     submitted.''.
       (d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is 
     amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Waivers.--
       ``(1) In general.--In a case of demonstrated economic 
     hardship, the Administrator of FEMA may--
       ``(A) waive the requirements of subsection (c)(1); or
       ``(B) waive or reduce the requirements in subsection 
     (a)(1)(E) or subsection (c)(2).
       ``(2) Guidelines.--
       ``(A) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of paragraph (1).
       ``(B) Consultation.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consult 
     with individuals who are--
       ``(i) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(ii) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.
       ``(C) Considerations.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consider, 
     with respect to relevant communities, the following:
       ``(i) Changes in rates of unemployment from previous years.
       ``(ii) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(iii) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(iv) Such other factors as the Administrator of FEMA 
     considers appropriate.''.
       (e) Improvements to Performance Evaluation Requirements.--
     Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 
     as redesignated by subsection (d)(1) of this section, is 
     amended by inserting before the first sentence the following:
       ``(1) In general.--The Administrator of FEMA shall 
     establish a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section.
       ``(2) Submittal of information.--''.
       (f) Report.--
       (1) In general.--Subsection (f) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended by striking ``The authority'' and 
     all that follows through ``Congress concerning'' and 
     inserting the following: ``Not later than September 30, 2014, 
     the Administrator of FEMA shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Science and Technology of the House of 
     Representatives a report on''.
       (2) Conforming amendment.--The heading for subsection (f) 
     of section 34 of such Act (15 U.S.C. 2229a), as redesignated 
     by subsection (d)(1) of this section, is amended by striking 
     ``Sunset and Reports'' and inserting ``Report''.
       (g) Additional Definitions.--
       (1) In general.--Subsection (i) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in the matter before paragraph (1), by striking ``In 
     this section, the term--'' and inserting ``In this 
     section:'';
       (B) in paragraph (1)--
       (i) by inserting ``The term'' before `` `firefighter' 
     has''; and
       (ii) by striking ``; and'' and inserting a period;
       (C) by striking paragraph (2); and
       (D) by inserting at the end the following:
       ``(2) The terms `Administrator of FEMA', `career fire 
     department', `combination fire department', and `volunteer 
     fire department' have the meanings given such terms in 
     section 33(a).''.
       (2) Conforming amendment.--Section 34(a)(1)(A) of such Act 
     (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career, 
     volunteer, and combination fire departments'' and inserting 
     ``career fire departments, combination fire departments, and 
     volunteer fire departments''.
       (h) Authorization of Appropriations.--
       (1) In general.--Subsection (j) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) $750,000,000 for fiscal year 2013; and

[[Page S7078]]

       ``(9) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(B) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in subparagraph (A).''.
       (2) Administrative expenses.--Such subsection (j) is 
     further amended--
       (A) in paragraph (9), as added by paragraph (1) of this 
     subsection, by redesignating subparagraphs (A) and (B) as 
     clauses (i) and (ii), respectively, and moving the left 
     margin of such clauses, as so redesignated, 2 ems to the 
     right;
       (B) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively, and moving the 
     left margin of such subparagraphs, as so redesignated, 2 ems 
     to the right;
       (C) by striking ``There are'' and inserting the following:
       ``(1) In general.--There are''; and
       (D) by adding at the end the following:
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts to cover salaries and expenses and other 
     administrative costs incurred by the Administrator of FEMA to 
     make grants and provide assistance under this section.''.
       (3) Congressionally directed spending.--Such subsection (j) 
     is further amended by adding at the end the following:
       ``(3) Congressionally directed spending.--Consistent with 
     the requirement in subsection (a) that grants under this 
     section be awarded on a competitive basis, none of the funds 
     appropriated pursuant to this subsection may be used for any 
     congressionally direct spending item (as defined under the 
     rules of the Senate and the House of Representatives).''.
       (i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 
     2229a) is amended by striking ``Administrator'' each place it 
     appears and inserting ``Administrator of FEMA''.
       (j) Clerical Amendment.--Such section is further amended in 
     the heading by striking ``EXPANSION OF PRE-SEPTEMBER 11, 
     2001, FIRE GRANT PROGRAM'' and inserting the following: 
     ``STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE''.
       (k) Sunset of Authority to Award Hiring Grants.--Such 
     section is further amended by adding at the end the 
     following:
       ``(k) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF 
                   ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR 
                   ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS.

       It is the sense of Congress that--
       (1) the grants and assistance awarded under sections 33 and 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229 and 2229a) have proven equally valuable in 
     protecting the health and safety of the public and 
     firefighting personnel throughout the United States against 
     fire and fire-related hazards; and
       (2) providing parity in funding for the awarding of grants 
     and assistance under both such sections will ensure that the 
     grant and assistance programs under such sections can 
     continue to serve their complementary purposes.

     SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS 
                   AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY 
                   RESPONSE PROGRAMS.

       (a) In General.--Not later than September 30, 2016, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Science and Technology of the 
     House of Representatives a report on the effect of the 
     amendments made by this title.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the effect of the amendments made by 
     sections 1803 and 1804 on the effectiveness, relative 
     allocation, accountability, and administration of the grants 
     and assistance awarded under sections 33 and 34 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229 and 2229a) after the date of the enactment of this Act.
       (2) An evaluation of the extent to which the amendments 
     made by sections 1803 and 1804 have enabled recipients of 
     grants and assistance awarded under such sections 33 and 34 
     after the date of the enactment of this Act to mitigate fire 
     and fire-related and other hazards more effectively.

     SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Fire Administration.
       (2) Career fire department, combination fire department, 
     volunteer fire department.--The terms ``career fire 
     department'', ``combination fire department'', and 
     ``volunteer fire department'' have the meanings given such 
     terms in section 33(a) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)), as amended by 
     section 1803.
       (3) Fire service.--The term ``fire service'' has the 
     meaning given such term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (b) Study and Report on Compliance With Staffing 
     Standards.--
       (1) Study.--The Administrator shall conduct a study on the 
     level of compliance with national voluntary consensus 
     standards for staffing, training, safe operations, personal 
     protective equipment, and fitness among the fire services of 
     the United States.
       (2) Survey.--
       (A) In general.--In carrying out the study required by 
     paragraph (1), the Administrator shall carry out a survey of 
     fire services to assess the level of compliance of such fire 
     services with the standards described in such paragraph.
       (B) Elements.--The survey required by subparagraph (A) 
     shall--
       (i) include career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments serving communities of different sizes, and such 
     other distinguishing factors as the Administrator considers 
     relevant;
       (ii) employ methods to ensure that the survey accurately 
     reflects the actual rate of compliance with the standards 
     described in paragraph (1) among fire services; and
       (iii) determine the extent of barriers and challenges to 
     achieving compliance with the standards described in 
     paragraph (1) among fire services.
       (C) Authority to carry out survey with nonprofit.--If the 
     Administrator determines that it will reduce the costs 
     incurred by the United States Fire Administration in carrying 
     out the survey required by subparagraph (A), the 
     Administrator may carry out such survey in conjunction with a 
     nonprofit organization that has substantial expertise and 
     experience in the following areas:
       (i) The fire services.
       (ii) National voluntary consensus standards.
       (iii) Contemporary survey methods.
       (3) Report on findings of study.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study required by paragraph (1).
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) An accurate description, based on the results of the 
     survey required by paragraph (2)(A), of the rate of 
     compliance with the standards described in paragraph (1) 
     among United States fire services, including a comparison of 
     the rates of compliance among career fire departments, 
     volunteer fire departments, combination fire departments, and 
     fire departments serving communities of different sizes, and 
     such other comparisons as Administrator considers relevant.
       (ii) A description of the challenges faced by different 
     types of fire departments and different types of communities 
     in complying with the standards described in paragraph (1).
       (c) Task Force to Enhance Firefighter Safety.--
       (1) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish a task force to be known as the 
     ``Task Force to Enhance Firefighter Safety'' (in this 
     subsection referred to as the ``Task Force'').
       (2) Membership.--
       (A) In general.--Members of the Task Force shall be 
     appointed by the Secretary from among the general public and 
     shall include the following:
       (i) Representatives of national organizations representing 
     firefighters and fire chiefs.
       (ii) Individuals representing standards-setting and 
     accrediting organizations, including representatives from the 
     voluntary consensus codes and standards development 
     community.
       (iii) Such other individuals as the Secretary considers 
     appropriate.
       (B) Representatives of other departments and agencies.--The 
     Secretary may invite representatives of other Federal 
     departments and agencies that have an interest in fire 
     services to participate in the meetings and other activities 
     of the Task Force.
       (C) Number; terms of service; pay and allowances.--The 
     Secretary shall determine the number, terms of service, and 
     pay and allowances of members of the Task Force appointed by 
     the Secretary, except that a term of service of any such 
     member may not exceed 2 years.
       (3) Responsibilities.--The Task Force shall--
       (A) consult with the Secretary in the conduct of the study 
     required by subsection (b)(1); and
       (B) develop a plan to enhance firefighter safety by 
     increasing fire service compliance with the standards 
     described in subsection (b)(1), including by--
       (i) reviewing and evaluating the report required by 
     subsection (b)(3)(A) to determine the extent of and barriers 
     to achieving compliance with the standards described in 
     subsection (b)(1) among fire services; and
       (ii) considering ways in which the Federal Government, 
     States, and local governments can promote or encourage fire 
     services to comply with such standards.
       (4) Report.--

[[Page S7079]]

       (A) In general.--Not later than 180 days after the date on 
     which the Secretary submits the report required by subsection 
     (b)(3)(A), the Task Force shall submit to Congress and the 
     Secretary a report on the activities and findings of the Task 
     Force.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings and recommendations of the Task Force with 
     respect to the study carried out under subsection (b)(1).
       (ii) The plan developed under paragraph (3)(B).
       (d) Study and Report on the Needs of Fire Services.--
       (1) Study.--The Administrator shall conduct a study--
       (A) to define the current roles and activities associated 
     with fire services on a national, State, regional, and local 
     level;
       (B) to identify the equipment, staffing, and training 
     required to fulfill the roles and activities defined under 
     subparagraph (A);
       (C) to conduct an assessment to identify gaps between what 
     fire services currently possess and what they require to meet 
     the equipment, staffing, and training needs identified under 
     subparagraph (B) on a national and State-by-State basis; and
       (D) to measure the impact of the grant and assistance 
     program under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of 
     fire services and filling the gaps identified under 
     subparagraph (C).
       (2) Report.--Not later than 2 years after the date of the 
     enactment of this title, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study conducted under paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) $600,000 for fiscal year 2013; and
       (2) $600,000 for fiscal year 2014.

                                 ______
                                 
  SA 3090. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Carper, and Mr. 
Brown of Massachusetts) 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--FEDERAL ASSISTANCE TO FIRE DEPARTMENTS

                Subtitle A--Fire Grants Reauthorization

     SEC. 1801. SHORT TITLE.

       This subtitle may be cited as the ``Fire Grants 
     Reauthorization Act of 2012''.

     SEC. 1802. AMENDMENTS TO DEFINITIONS.

       (a) In General.--Section 4 of the Federal Fire Prevention 
     and Control Act of 1974 (15 U.S.C. 2203) is amended--
       (1) in paragraph (3), by inserting ``, except as otherwise 
     provided,'' after ``means'';
       (2) in paragraph (4), by striking `` `Director' means'' and 
     all that follows through ``Agency;'' and inserting `` 
     `Administrator of FEMA' means the Administrator of the 
     Federal Emergency Management Agency;'';
       (3) in paragraph (5)--
       (A) by inserting ``Indian tribe,'' after ``county,''; and
       (B) by striking ``and `firecontrol' '' and inserting ``and 
     `fire control' '';
       (4) by redesignating paragraphs (6) through (9) as 
     paragraphs (7) through (10), respectively;
       (5) by inserting after paragraph (5), the following:
       ``(6) `Indian tribe' has the meaning given that term in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b) and `tribal' means of or 
     pertaining to an Indian tribe;'';
       (6) by redesignating paragraphs (9) and (10), as 
     redesignated by paragraph (4), as paragraphs (10) and (11);
       (7) by inserting after paragraph (8), as redesignated by 
     paragraph (4), the following:
       ``(9) `Secretary' means, except as otherwise provided, the 
     Secretary of Homeland Security;''; and
       (8) by amending paragraph (10), as redesignated by 
     paragraph (6), to read as follows:
       ``(10) `State' has the meaning given the term in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).''.
       (b) Conforming Amendments.--
       (1) Administrator of fema.--The Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by 
     striking ``Director'' each place it appears and inserting 
     ``Administrator of FEMA''.
       (2) Administrator of fema's award.--Section 15 of such Act 
     (15 U.S.C. 2214) is amended by striking ``Director's Award'' 
     each place it appears and inserting ``Administrator's 
     Award''.

     SEC. 1803. ASSISTANCE TO FIREFIGHTERS GRANTS.

       Section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229) is amended to read as follows:

     ``SEC. 33. FIREFIGHTER ASSISTANCE.

       ``(a) Definitions.--In this section:
       ``(1) Administrator of fema.--The term `Administrator of 
     FEMA' means the Administrator of FEMA, acting through the 
     Administrator.
       ``(2) Available grant funds.--The term `available grant 
     funds', with respect to a fiscal year, means those funds 
     appropriated pursuant to the authorization of appropriations 
     in subsection (q)(1) for such fiscal year less any funds used 
     for administrative costs pursuant to subsection (q)(2) in 
     such fiscal year.
       ``(3) Career fire department.--The term `career fire 
     department' means a fire department that has an all-paid 
     force of firefighting personnel other than paid-on-call 
     firefighters.
       ``(4) Combination fire department.--The term `combination 
     fire department' means a fire department that has--
       ``(A) paid firefighting personnel; and
       ``(B) volunteer firefighting personnel.
       ``(5) Firefighting personnel.--The term `firefighting 
     personnel' means individuals, including volunteers, who are 
     firefighters, officers of fire departments, or emergency 
     medical service personnel of fire departments.
       ``(6) Institution of higher education.--The term 
     `institution of higher education' has the meaning given such 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(7) Nonaffiliated ems organization.--The term 
     `nonaffiliated EMS organization' means a public or private 
     nonprofit emergency medical services organization that is not 
     affiliated with a hospital and does not serve a geographic 
     area in which the Administrator of FEMA finds that emergency 
     medical services are adequately provided by a fire 
     department.
       ``(8) Paid-on-call.--The term `paid-on-call' with respect 
     to firefighting personnel means firefighting personnel who 
     are paid a stipend for each event to which they respond.
       ``(9) Volunteer fire department.--The term `volunteer fire 
     department' means a fire department that has an all-volunteer 
     force of firefighting personnel.
       ``(b) Assistance Program.--
       ``(1) Authority.--In accordance with this section, the 
     Administrator of FEMA may award--
       ``(A) assistance to firefighters grants under subsection 
     (c); and
       ``(B) fire prevention and safety grants and other 
     assistance under subsection (d).
       ``(2) Administrative assistance.--The Administrator of FEMA 
     shall--
       ``(A) establish specific criteria for the selection of 
     grant recipients under this section; and
       ``(B) provide assistance with application preparation to 
     applicants for such grants.
       ``(c) Assistance to Firefighters Grants.--
       ``(1) In general.--The Administrator of FEMA may, in 
     consultation with the chief executives of the States in which 
     the recipients are located, award grants on a competitive 
     basis directly to--
       ``(A) fire departments, for the purpose of protecting the 
     health and safety of the public and firefighting personnel 
     throughout the United States against fire, fire-related, and 
     other hazards;
       ``(B) nonaffiliated EMS organizations to support the 
     provision of emergency medical services; and
       ``(C) State fire training academies for the purposes 
     described in subparagraphs (G), (H), and (I) of paragraph 
     (3).
       ``(2) Maximum grant amounts.--
       ``(A) Population.--The Administrator of FEMA may not award 
     a grant under this subsection in excess of amounts as 
     follows:
       ``(i) In the case of a recipient that serves a jurisdiction 
     with 100,000 people or fewer, the amount of the grant awarded 
     to such recipient shall not exceed $1,000,000 in any fiscal 
     year.
       ``(ii) In the case of a recipient that serves a 
     jurisdiction with more than 100,000 people but not more than 
     500,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $2,000,000 in any fiscal year.
       ``(iii) In the case of a recipient that serves a 
     jurisdiction with more than 500,000 but not more than 
     1,000,000 people, the amount of the grant awarded to such 
     recipient shall not exceed $3,000,000 in any fiscal year.
       ``(iv) In the case of a recipient that serves a 
     jurisdiction with more than 1,000,000 people but not more 
     than 2,500,000 people, the amount of the grant awarded to 
     such recipient shall not exceed $6,000,000 for any fiscal 
     year.
       ``(v) In the case of a recipient that serves a jurisdiction 
     with more than 2,500,000 people, the amount of the grant 
     awarded to such recipient shall not exceed $9,000,000 in any 
     fiscal year.
       ``(B) Aggregate.--
       ``(i) In general.--Notwithstanding subparagraphs (A) and 
     (B) and except as provided under clause (ii), the 
     Administrator of FEMA may not award a grant under this 
     subsection in a fiscal year in an amount that exceeds the 
     amount that is one percent of the available grant funds in 
     such fiscal year.
       ``(ii) Exception.--The Administrator of FEMA may waive the 
     limitation in clause (i) with respect to a grant recipient if 
     the Administrator of FEMA determines that such recipient has 
     an extraordinary need for a grant in an amount that exceeds 
     the limit under clause (i).
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To train firefighting personnel in--
       ``(i) firefighting;
       ``(ii) emergency medical services and other emergency 
     response (including response to natural disasters, acts of 
     terrorism, and other man-made disasters);

[[Page S7080]]

       ``(iii) arson prevention and detection;
       ``(iv) maritime firefighting; or
       ``(v) the handling of hazardous materials.
       ``(B) To train firefighting personnel to provide any of the 
     training described under subparagraph (A).
       ``(C) To fund the creation of rapid intervention teams to 
     protect firefighting personnel at the scenes of fires and 
     other emergencies.
       ``(D) To certify--
       ``(i) fire inspectors; and
       ``(ii) building inspectors--

       ``(I) whose responsibilities include fire safety 
     inspections; and
       ``(II) who are employed by or serving as volunteers with a 
     fire department.

       ``(E) To establish wellness and fitness programs for 
     firefighting personnel to ensure that the firefighting 
     personnel are able to carry out their duties as firefighters, 
     including programs dedicated to raising awareness of, and 
     prevention of, job-related mental health issues.
       ``(F) To fund emergency medical services provided by fire 
     departments and nonaffiliated EMS organizations.
       ``(G) To acquire additional firefighting vehicles, 
     including fire trucks and other apparatus.
       ``(H) To acquire additional firefighting equipment, 
     including equipment for--
       ``(i) fighting fires with foam in remote areas without 
     access to water; and
       ``(ii) communications, monitoring, and response to a 
     natural disaster, act of terrorism, or other man-made 
     disaster, including the use of a weapon of mass destruction.
       ``(I) To acquire personal protective equipment, including 
     personal protective equipment--
       ``(i) prescribed for firefighting personnel by the 
     Occupational Safety and Health Administration of the 
     Department of Labor; or
       ``(ii) for responding to a natural disaster or act of 
     terrorism or other man-made disaster, including the use of a 
     weapon of mass destruction.
       ``(J) To modify fire stations, fire training facilities, 
     and other facilities to protect the health and safety of 
     firefighting personnel.
       ``(K) To educate the public about arson prevention and 
     detection.
       ``(L) To provide incentives for the recruitment and 
     retention of volunteer firefighting personnel for volunteer 
     firefighting departments and other firefighting departments 
     that utilize volunteers.
       ``(M) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(d) Fire Prevention and Safety Grants.--
       ``(1) In general.--For the purpose of assisting fire 
     prevention programs and supporting firefighter health and 
     safety research and development, the Administrator of FEMA 
     may, on a competitive basis--
       ``(A) award grants to fire departments;
       ``(B) award grants to, or enter into contracts or 
     cooperative agreements with, national, State, local, tribal, 
     or nonprofit organizations that are not fire departments and 
     that are recognized for their experience and expertise with 
     respect to fire prevention or fire safety programs and 
     activities and firefighter research and development programs, 
     for the purpose of carrying out--
       ``(i) fire prevention programs; and
       ``(ii) research to improve firefighter health and life 
     safety; and
       ``(C) award grants to institutions of higher education, 
     national fire service organizations, or national fire safety 
     organizations to establish and operate fire safety research 
     centers.
       ``(2) Maximum grant amount.--A grant awarded under this 
     subsection may not exceed $1,500,000 for a fiscal year.
       ``(3) Use of grant funds.--Each entity receiving a grant 
     under this subsection shall use the grant for one or more of 
     the following purposes:
       ``(A) To enforce fire codes and promote compliance with 
     fire safety standards.
       ``(B) To fund fire prevention programs, including programs 
     that educate the public about arson prevention and detection.
       ``(C) To fund wildland fire prevention programs, including 
     education, awareness, and mitigation programs that protect 
     lives, property, and natural resources from fire in the 
     wildland-urban interface.
       ``(D) In the case of a grant awarded under paragraph 
     (1)(C), to fund the establishment or operation of a fire 
     safety research center for the purpose of significantly 
     reducing the number of fire-related deaths and injuries among 
     firefighters and the general public through research, 
     development, and technology transfer activities.
       ``(E) To support such other activities, consistent with the 
     purposes of this subsection, as the Administrator of FEMA 
     determines appropriate.
       ``(4) Limitation.--None of the funds made available under 
     this subsection may be provided to the Association of 
     Community Organizations for Reform Now (ACORN) or any of its 
     affiliates, subsidiaries, or allied organizations.
       ``(e) Applications for Grants.--
       ``(1) In general.--An entity seeking a grant under this 
     section shall submit to the Administrator of FEMA an 
     application therefor in such form and in such manner as the 
     Administrator of FEMA determines appropriate.
       ``(2) Elements.--Each application submitted under paragraph 
     (1) shall include the following:
       ``(A) A description of the financial need of the applicant 
     for the grant.
       ``(B) An analysis of the costs and benefits, with respect 
     to public safety, of the use for which a grant is requested.
       ``(C) An agreement to provide information to the national 
     fire incident reporting system for the period covered by the 
     grant.
       ``(D) A list of other sources of funding received by the 
     applicant--
       ``(i) for the same purpose for which the application for a 
     grant under this section was submitted; or
       ``(ii) from the Federal Government for other fire-related 
     purposes.
       ``(E) Such other information as the Administrator of FEMA 
     determines appropriate.
       ``(3) Joint or regional applications.--
       ``(A) In general.--Two or more entities may submit an 
     application under paragraph (1) for a grant under this 
     section to fund a joint program or initiative, including 
     acquisition of shared equipment or vehicles.
       ``(B) Nonexclusivity.--Applications under this paragraph 
     may be submitted instead of or in addition to any other 
     application submitted under paragraph (1).
       ``(C) Guidance.--The Administrator of FEMA shall--
       ``(i) publish guidance on applying for and administering 
     grants awarded for joint programs and initiatives described 
     in subparagraph (A); and
       ``(ii) encourage applicants to apply for grants for joint 
     programs and initiatives described in subparagraph (A) as the 
     Administrator of FEMA determines appropriate to achieve 
     greater cost effectiveness and regional efficiency.
       ``(f) Peer Review of Grant Applications.--
       ``(1) In general.--The Administrator of FEMA shall, after 
     consultation with national fire service and emergency medical 
     services organizations, appoint fire service personnel to 
     conduct peer reviews of applications received under 
     subsection (e)(1).
       ``(2) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out pursuant to this subsection.
       ``(g) Prioritization of Grant Awards.--In awarding grants 
     under this section, the Administrator of FEMA shall consider 
     the following:
       ``(1) The findings and recommendations of the peer reviews 
     carried out under subsection (f).
       ``(2) The degree to which an award will reduce deaths, 
     injuries, and property damage by reducing the risks 
     associated with fire-related and other hazards.
       ``(3) The extent of the need of an applicant for a grant 
     under this section and the need to protect the United States 
     as a whole.
       ``(4) The number of calls requesting or requiring a fire 
     fighting or emergency medical response received by an 
     applicant.
       ``(h) Allocation of Grant Awards.--In awarding grants under 
     this section, the Administrator of FEMA shall ensure that of 
     the available grant funds in each fiscal year--
       ``(1) not less than 25 percent are awarded under subsection 
     (c) to career fire departments;
       ``(2) not less than 25 percent are awarded under subsection 
     (c) to volunteer fire departments;
       ``(3) not less than 25 percent are awarded under subsection 
     (c) to combination fire departments and fire departments 
     using paid-on-call firefighting personnel;
       ``(4) not less than 10 percent are available for open 
     competition among career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments using paid-on-call firefighting personnel for 
     grants awarded under subsection (c);
       ``(5) not less than 10 percent are awarded under subsection 
     (d); and
       ``(6) not more than 2 percent are awarded under this 
     section to nonaffiliated EMS organizations described in 
     subsection (c)(1)(B).
       ``(i) Additional Requirements and Limitations.--
       ``(1) Funding for emergency medical services.--Not less 
     than 3.5 percent of the available grant funds for a fiscal 
     year shall be awarded under this section for purposes 
     described in subsection (c)(3)(F).
       ``(2) State fire training academies.--
       ``(A) Maximum share.--Not more than 3 percent of the 
     available grant funds for a fiscal year may be awarded under 
     subsection (c)(1)(C).
       ``(B) Maximum grant amount.--The Administrator of FEMA may 
     not award a grant under subsection (c)(1)(C) to a State fire 
     training academy in an amount that exceeds $1,000,000 in any 
     fiscal year.
       ``(3) Amounts for purchasing firefighting vehicles.--Not 
     more than 25 percent of the available grant funds for a 
     fiscal year may be used to assist grant recipients to 
     purchase vehicles pursuant to subsection (c)(3)(G).
       ``(j) Further Considerations.--
       ``(1) Assistance to firefighters grants to fire 
     departments.--In considering applications for grants under 
     subsection (c)(1)(A), the Administrator of FEMA shall 
     consider--
       ``(A) the extent to which the grant would enhance the daily 
     operations of the applicant and the impact of such a grant on 
     the protection of lives and property; and
       ``(B) a broad range of factors important to the applicant's 
     ability to respond to fires and related hazards, such as the 
     following:
       ``(i) Population served.

[[Page S7081]]

       ``(ii) Geographic response area.
       ``(iii) Hazards vulnerability.
       ``(iv) Call volume.
       ``(v) Financial situation, including unemployment rate of 
     the area being served.
       ``(vi) Need for training or equipment.
       ``(2) Applications from nonaffiliated ems organizations.--
     In the case of an application submitted under subsection 
     (e)(1) by a nonaffiliated EMS organization, the Administrator 
     of FEMA shall consider the extent to which other sources of 
     Federal funding are available to the applicant to provide the 
     assistance requested in such application.
       ``(3) Awarding fire prevention and safety grants to certain 
     organizations that are not fire departments.--In the case of 
     applicants for grants under this section who are described in 
     subsection (d)(1)(B), the Administrator of FEMA shall give 
     priority to applicants who focus on--
       ``(A) prevention of injuries to high risk groups from fire; 
     and
       ``(B) research programs that demonstrate a potential to 
     improve firefighter safety.
       ``(4) Awarding grants for fire safety research centers.--
       ``(A) Considerations.--In awarding grants under subsection 
     (d)(1)(C), the Administrator of FEMA shall--
       ``(i) select each grant recipient on--

       ``(I) the demonstrated research and extension resources 
     available to the recipient to carry out the research, 
     development, and technology transfer activities;
       ``(II) the capability of the recipient to provide 
     leadership in making national contributions to fire safety;
       ``(III) the recipient's ability to disseminate the results 
     of fire safety research; and
       ``(IV) the strategic plan the recipient proposes to carry 
     out under the grant;

       ``(ii) give special consideration in selecting recipients 
     under subparagraph (A) to an applicant for a grant that 
     consists of a partnership between--

       ``(I) a national fire service organization or a national 
     fire safety organization; and
       ``(II) an institution of higher education, including a 
     minority-serving institution (as described in section 371(a) 
     of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))); 
     and

       ``(iii) consider the research needs identified and 
     prioritized through the workshop required by subparagraph 
     (B)(i).
       ``(B) Research needs.--
       ``(i) In general.--Not later than 90 days after the date of 
     the enactment of the Fire Grants Reauthorization Act of 2012, 
     the Administrator of FEMA shall convene a workshop of the 
     fire safety research community, fire service organizations, 
     and other appropriate stakeholders to identify and prioritize 
     fire safety research needs.
       ``(ii) Publication.--The Administrator of FEMA shall ensure 
     that the results of the workshop are made available to the 
     public.
       ``(C) Limitations on grants for fire safety research 
     centers.--
       ``(i) In general.--The Administrator of FEMA may award 
     grants under subsection (d) to establish not more than 3 fire 
     safety research centers.
       ``(ii) Recipients.--An institution of higher education, a 
     national fire service organization, and a national fire 
     safety organization may not directly receive a grant under 
     subsection (d) for a fiscal year for more than 1 fire safety 
     research center.
       ``(5) Avoiding duplication.--The Administrator of FEMA 
     shall review lists submitted by applicants pursuant to 
     subsection (e)(2)(D) and take such actions as the 
     Administrator of FEMA considers necessary to prevent 
     unnecessary duplication of grant awards.
       ``(k) Matching and Maintenance of Expenditure 
     Requirements.--
       ``(1) Matching requirement for assistance to firefighters 
     grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an applicant seeking a grant to carry out an activity under 
     subsection (c) shall agree to make available non-Federal 
     funds to carry out such activity in an amount equal to not 
     less than 15 percent of the grant awarded to such applicant 
     under such subsection.
       ``(B) Exception for entities serving small communities.--In 
     the case that an applicant seeking a grant to carry out an 
     activity under subsection (c) serves a jurisdiction of--
       ``(i) more than 20,000 residents but not more than 
     1,000,000 residents, the application shall agree to make 
     available non-Federal funds in an amount equal to not less 
     than 10 percent of the grant awarded to such applicant under 
     such subsection; and
       ``(ii) 20,000 residents or fewer, the applicant shall agree 
     to make available non-Federal funds in an amount equal to not 
     less than 5 percent of the grant awarded to such applicant 
     under such subsection.
       ``(2) Matching requirement for fire prevention and safety 
     grants.--
       ``(A) In general.--An applicant seeking a grant to carry 
     out an activity under subsection (d) shall agree to make 
     available non-Federal funds to carry out such activity in an 
     amount equal to not less than 5 percent of the grant awarded 
     to such applicant under such subsection.
       ``(B) Means of matching.--An applicant for a grant under 
     subsection (d) may meet the matching requirement under 
     subparagraph (A) through direct funding, funding of 
     complementary activities, or the provision of staff, 
     facilities, services, material, or equipment.
       ``(3) Maintenance of expenditures.--An applicant seeking a 
     grant under subsection (c) or (d) shall agree to maintain 
     during the term of the grant the applicant's aggregate 
     expenditures relating to the uses described in subsections 
     (c)(3) and (d)(3) at not less than 80 percent of the average 
     amount of such expenditures in the 2 fiscal years preceding 
     the fiscal year in which the grant amounts are received.
       ``(4) Waiver.--
       ``(A) In general.--Except as provided in subparagraph 
     (C)(ii), the Administrator of FEMA may waive or reduce the 
     requirements of paragraphs (1), (2), and (3) in cases of 
     demonstrated economic hardship.
       ``(B) Guidelines.--
       ``(i) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of this paragraph.
       ``(ii) Consultation.--In developing guidelines under clause 
     (i), the Administrator of FEMA shall consult with individuals 
     who are--

       ``(I) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(II) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.

       ``(iii) Considerations.--In developing guidelines under 
     clause (i), the Administrator of FEMA shall consider, with 
     respect to relevant communities, the following:

       ``(I) Changes in rates of unemployment from previous years.
       ``(II) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(III) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(IV) Such other factors as the Administrator of FEMA 
     considers appropriate.

       ``(C) Certain applicants for fire prevention and safety 
     grants.--The authority under subparagraph (A) shall not apply 
     with respect to a nonprofit organization that--
       ``(i) is described in subsection (d)(1)(B); and
       ``(ii) is not a fire department or emergency medical 
     services organization.
       ``(l) Grant Guidelines.--
       ``(1) Guidelines.--For each fiscal year, prior to awarding 
     any grants under this section, the Administrator of FEMA 
     shall publish in the Federal Register--
       ``(A) guidelines that describe--
       ``(i) the process for applying for grants under this 
     section; and
       ``(ii) the criteria that will be used for selecting grant 
     recipients; and
       ``(B) an explanation of any differences between such 
     guidelines and the recommendations obtained under paragraph 
     (2).
       ``(2) Annual meeting to obtain recommendations.--
       ``(A) In general.--For each fiscal year, the Administrator 
     of FEMA shall convene a meeting of qualified members of 
     national fire service organizations and, at the discretion of 
     the Administrator of FEMA, qualified members of emergency 
     medical service organizations to obtain recommendations 
     regarding the following:
       ``(i) Criteria for the awarding of grants under this 
     section.
       ``(ii) Administrative changes to the assistance program 
     established under subsection (b).
       ``(B) Qualified members.--For purposes of this paragraph, a 
     qualified member of an organization is a member who--
       ``(i) is recognized for expertise in firefighting or 
     emergency medical services;
       ``(ii) is not an employee of the Federal Government; and
       ``(iii) in the case of a member of an emergency medical 
     service organization, is a member of an organization that 
     represents--

       ``(I) providers of emergency medical services that are 
     affiliated with fire departments; or
       ``(II) nonaffiliated EMS providers.

       ``(3) Applicability of federal advisory committee act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to activities carried out under this subsection.
       ``(m) Accounting Determination.--Notwithstanding any other 
     provision of law, for purposes of this section, equipment 
     costs shall include all costs attributable to any design, 
     purchase of components, assembly, manufacture, and 
     transportation of equipment not otherwise commercially 
     available.
       ``(n) Eligible Grantee on Behalf of Alaska Native 
     Villages.--The Alaska Village Initiatives, a non-profit 
     organization incorporated in the State of Alaska, shall be 
     eligible to apply for and receive a grant or other assistance 
     under this section on behalf of Alaska Native villages.
       ``(o) Training Standards.--If an applicant for a grant 
     under this section is applying for such grant to purchase 
     training that does not meet or exceed any applicable national 
     voluntary consensus standards, including those developed 
     under section 647 of the Post-Katrina Emergency Management 
     Reform Act of 2006 (6 U.S.C. 747), the applicant shall submit 
     to the Administrator of FEMA an explanation of the reasons 
     that the training proposed to be purchased will serve the 
     needs of the applicant better than training that meets or 
     exceeds such standards.
       ``(p) Ensuring Effective Use of Grants.--
       ``(1) Audits.--The Administrator of FEMA may audit a 
     recipient of a grant awarded under this section to ensure 
     that--
       ``(A) the grant amounts are expended for the intended 
     purposes; and

[[Page S7082]]

       ``(B) the grant recipient complies with the requirements of 
     subsection (k).
       ``(2) Performance assessment.--
       ``(A) In general.--The Administrator of FEMA shall develop 
     and implement a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section, including protecting the health and 
     safety of the public and firefighting personnel against fire 
     and fire-related hazards.
       ``(B) Consultation.--The Administrator of FEMA shall 
     consult with fire service representatives and with the 
     Comptroller General of the United States in developing the 
     assessment system required by subparagraph (A).
       ``(3) Annual reports to administrator of fema.--Not less 
     frequently than once each year during the term of a grant 
     awarded under this section, the recipient of the grant shall 
     submit to the Administrator of FEMA an annual report 
     describing how the recipient used the grant amounts.
       ``(4) Annual reports to congress.--
       ``(A) In general.--Not later than September 30, 2013, and 
     each year thereafter through 2017, the Administrator of FEMA 
     shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Science and Technology of the House of Representatives a 
     report that provides--
       ``(i) information on the performance assessment system 
     developed under paragraph (2); and
       ``(ii) using the performance metrics developed under such 
     paragraph, an evaluation of the effectiveness of the grants 
     awarded under this section.
       ``(B) Additional information.--The report due under 
     subparagraph (A) on September 30, 2016, shall also include 
     recommendations for legislative changes to improve grants 
     under this section.
       ``(q) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section--
       ``(A) $750,000,000 for fiscal year 2013; and
       ``(B) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(i) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(ii) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in clause (i).
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts for salaries and expenses and other administrative 
     costs incurred by the Administrator of FEMA in the course of 
     awarding grants and providing assistance under this section.
       ``(3) Congressionally directed spending.--Consistent with 
     the requirements in subsections (c)(1) and (d)(1) that grants 
     under those subsections be awarded on a competitive basis, 
     none of the funds appropriated pursuant to this subsection 
     may be used for any congressionally directed spending item 
     (as defined under the rules of the Senate and the House of 
     Representatives).
       ``(r) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE.

       (a) Improvements to Hiring Grants.--
       (1) Term of grants.--Subparagraph (B) of section 34(a)(1) 
     of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a(a)(1)) is amended to read as follows:
       ``(B) Grants made under this paragraph shall be for 3 years 
     and be used for programs to hire new, additional 
     firefighters.''.
       (2) Limitation of portion of costs of hiring 
     firefighters.--Subparagraph (E) of such section is amended to 
     read as follows:
       ``(E) The portion of the costs of hiring firefighters 
     provided by a grant under this paragraph may not exceed--
       ``(i) 75 percent in the first year of the grant;
       ``(ii) 75 percent in the second year of the grant; and
       ``(iii) 35 percent in the third year of the grant.''.
       (b) Clarification Regarding Eligible Entities for 
     Recruitment and Retention Grants.--The second sentence of 
     section 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is 
     amended by striking ``organizations on a local or statewide 
     basis'' and inserting ``national, State, local, or tribal 
     organizations''.
       (c) Maximum Amount for Hiring a Firefighter.--Paragraph (4) 
     of section 34(c) of such Act (15 U.S.C. 2229a(c)) is amended 
     to read as follows:
       ``(4) The amount of funding provided under this section to 
     a recipient fire department for hiring a firefighter in any 
     fiscal year may not exceed--
       ``(A) in the first year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted;
       ``(B) in the second year of the grant, 75 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was submitted; 
     and
       ``(C) in the third year of the grant, 35 percent of the 
     usual annual cost of a first-year firefighter in that 
     department at the time the grant application was 
     submitted.''.
       (d) Waivers.--Section 34 of such Act (15 U.S.C. 2229a) is 
     amended--
       (1) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively; and
       (2) by inserting after subsection (c) the following:
       ``(d) Waivers.--
       ``(1) In general.--In a case of demonstrated economic 
     hardship, the Administrator of FEMA may--
       ``(A) waive the requirements of subsection (c)(1); or
       ``(B) waive or reduce the requirements in subsection 
     (a)(1)(E) or subsection (c)(2).
       ``(2) Guidelines.--
       ``(A) In general.--The Administrator of FEMA shall 
     establish and publish guidelines for determining what 
     constitutes economic hardship for purposes of paragraph (1).
       ``(B) Consultation.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consult 
     with individuals who are--
       ``(i) recognized for expertise in firefighting, emergency 
     medical services provided by fire services, or the economic 
     affairs of State and local governments; and
       ``(ii) members of national fire service organizations or 
     national organizations representing the interests of State 
     and local governments.
       ``(C) Considerations.--In developing guidelines under 
     subparagraph (A), the Administrator of FEMA shall consider, 
     with respect to relevant communities, the following:
       ``(i) Changes in rates of unemployment from previous years.
       ``(ii) Whether the rates of unemployment of the relevant 
     communities are currently and have consistently exceeded the 
     annual national average rates of unemployment.
       ``(iii) Changes in percentages of individuals eligible to 
     receive food stamps from previous years.
       ``(iv) Such other factors as the Administrator of FEMA 
     considers appropriate.''.
       (e) Improvements to Performance Evaluation Requirements.--
     Subsection (e) of section 34 of such Act (15 U.S.C. 2229a), 
     as redesignated by subsection (d)(1) of this section, is 
     amended by inserting before the first sentence the following:
       ``(1) In general.--The Administrator of FEMA shall 
     establish a performance assessment system, including 
     quantifiable performance metrics, to evaluate the extent to 
     which grants awarded under this section are furthering the 
     purposes of this section.
       ``(2) Submittal of information.--''.
       (f) Report.--
       (1) In general.--Subsection (f) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended by striking ``The authority'' and 
     all that follows through ``Congress concerning'' and 
     inserting the following: ``Not later than September 30, 2014, 
     the Administrator of FEMA shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Science and Technology of the House of 
     Representatives a report on''.
       (2) Conforming amendment.--The heading for subsection (f) 
     of section 34 of such Act (15 U.S.C. 2229a), as redesignated 
     by subsection (d)(1) of this section, is amended by striking 
     ``Sunset and Reports'' and inserting ``Report''.
       (g) Additional Definitions.--
       (1) In general.--Subsection (i) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in the matter before paragraph (1), by striking ``In 
     this section, the term--'' and inserting ``In this 
     section:'';
       (B) in paragraph (1)--
       (i) by inserting ``The term'' before `` `firefighter' 
     has''; and
       (ii) by striking ``; and'' and inserting a period;
       (C) by striking paragraph (2); and
       (D) by inserting at the end the following:
       ``(2) The terms `Administrator of FEMA', `career fire 
     department', `combination fire department', and `volunteer 
     fire department' have the meanings given such terms in 
     section 33(a).''.
       (2) Conforming amendment.--Section 34(a)(1)(A) of such Act 
     (15 U.S.C. 2229a(a)(1)(A)) is amended by striking ``career, 
     volunteer, and combination fire departments'' and inserting 
     ``career fire departments, combination fire departments, and 
     volunteer fire departments''.
       (h) Authorization of Appropriations.--
       (1) In general.--Subsection (j) of section 34 of such Act 
     (15 U.S.C. 2229a), as redesignated by subsection (d)(1) of 
     this section, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) $750,000,000 for fiscal year 2013; and
       ``(9) for each of fiscal years 2014 through 2017, an amount 
     equal to the amount authorized for the previous fiscal year 
     increased by the percentage by which--
       ``(A) the Consumer Price Index (all items, United States 
     city average) for the previous fiscal year, exceeds
       ``(B) the Consumer Price Index for the fiscal year 
     preceding the fiscal year described in subparagraph (A).''.
       (2) Administrative expenses.--Such subsection (j) is 
     further amended--

[[Page S7083]]

       (A) in paragraph (9), as added by paragraph (1) of this 
     subsection, by redesignating subparagraphs (A) and (B) as 
     clauses (i) and (ii), respectively, and moving the left 
     margin of such clauses, as so redesignated, 2 ems to the 
     right;
       (B) by redesignating paragraphs (1) through (9) as 
     subparagraphs (A) through (I), respectively, and moving the 
     left margin of such subparagraphs, as so redesignated, 2 ems 
     to the right;
       (C) by striking ``There are'' and inserting the following:
       ``(1) In general.--There are''; and
       (D) by adding at the end the following:
       ``(2) Administrative expenses.--Of the amounts appropriated 
     pursuant to paragraph (1) for a fiscal year, the 
     Administrator of FEMA may use not more than 5 percent of such 
     amounts to cover salaries and expenses and other 
     administrative costs incurred by the Administrator of FEMA to 
     make grants and provide assistance under this section.''.
       (3) Congressionally directed spending.--Such subsection (j) 
     is further amended by adding at the end the following:
       ``(3) Congressionally directed spending.--Consistent with 
     the requirement in subsection (a) that grants under this 
     section be awarded on a competitive basis, none of the funds 
     appropriated pursuant to this subsection may be used for any 
     congressionally direct spending item (as defined under the 
     rules of the Senate and the House of Representatives).''.
       (i) Technical Amendment.--Section 34 of such Act (15 U.S.C. 
     2229a) is amended by striking ``Administrator'' each place it 
     appears and inserting ``Administrator of FEMA''.
       (j) Clerical Amendment.--Such section is further amended in 
     the heading by striking ``expansion of pre-september 11, 
     2001, fire grant program'' and inserting the following: 
     ``staffing for adequate fire and emergency response''.
       (k) Sunset of Authority to Award Hiring Grants.--Such 
     section is further amended by adding at the end the 
     following:
       ``(k) Sunset of Authorities.--The authority to award 
     assistance and grants under this section shall expire on the 
     date that is 10 years after the date of the enactment of the 
     Fire Grants Reauthorization Act of 2012.''.

     SEC. 1805. SENSE OF CONGRESS ON VALUE AND FUNDING OF 
                   ASSISTANCE TO FIREFIGHTERS AND STAFFING FOR 
                   ADEQUATE FIRE AND EMERGENCY RESPONSE PROGRAMS.

       It is the sense of Congress that--
       (1) the grants and assistance awarded under sections 33 and 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229 and 2229a) have proven equally valuable in 
     protecting the health and safety of the public and 
     firefighting personnel throughout the United States against 
     fire and fire-related hazards; and
       (2) providing parity in funding for the awarding of grants 
     and assistance under both such sections will ensure that the 
     grant and assistance programs under such sections can 
     continue to serve their complementary purposes.

     SEC. 1806. REPORT ON AMENDMENTS TO ASSISTANCE TO FIREFIGHTERS 
                   AND STAFFING FOR ADEQUATE FIRE AND EMERGENCY 
                   RESPONSE PROGRAMS.

       (a) In General.--Not later than September 30, 2016, the 
     Comptroller General of the United States shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Science and Technology of the 
     House of Representatives a report on the effect of the 
     amendments made by this title.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) An assessment of the effect of the amendments made by 
     sections 1803 and 1804 on the effectiveness, relative 
     allocation, accountability, and administration of the grants 
     and assistance awarded under sections 33 and 34 of the 
     Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 
     2229 and 2229a) after the date of the enactment of this Act.
       (2) An evaluation of the extent to which the amendments 
     made by sections 1803 and 1804 have enabled recipients of 
     grants and assistance awarded under such sections 33 and 34 
     after the date of the enactment of this Act to mitigate fire 
     and fire-related and other hazards more effectively.

     SEC. 1807. STUDIES AND REPORTS ON THE STATE OF FIRE SERVICES.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the United States Fire Administration.
       (2) Career fire department, combination fire department, 
     volunteer fire department.--The terms ``career fire 
     department'', ``combination fire department'', and 
     ``volunteer fire department'' have the meanings given such 
     terms in section 33(a) of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229(a)), as amended by 
     section 1803.
       (3) Fire service.--The term ``fire service'' has the 
     meaning given such term in section 4 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2203).
       (b) Study and Report on Compliance With Staffing 
     Standards.--
       (1) Study.--The Administrator shall conduct a study on the 
     level of compliance with national voluntary consensus 
     standards for staffing, training, safe operations, personal 
     protective equipment, and fitness among the fire services of 
     the United States.
       (2) Survey.--
       (A) In general.--In carrying out the study required by 
     paragraph (1), the Administrator shall carry out a survey of 
     fire services to assess the level of compliance of such fire 
     services with the standards described in such paragraph.
       (B) Elements.--The survey required by subparagraph (A) 
     shall--
       (i) include career fire departments, volunteer fire 
     departments, combination fire departments, and fire 
     departments serving communities of different sizes, and such 
     other distinguishing factors as the Administrator considers 
     relevant;
       (ii) employ methods to ensure that the survey accurately 
     reflects the actual rate of compliance with the standards 
     described in paragraph (1) among fire services; and
       (iii) determine the extent of barriers and challenges to 
     achieving compliance with the standards described in 
     paragraph (1) among fire services.
       (C) Authority to carry out survey with nonprofit.--If the 
     Administrator determines that it will reduce the costs 
     incurred by the United States Fire Administration in carrying 
     out the survey required by subparagraph (A), the 
     Administrator may carry out such survey in conjunction with a 
     nonprofit organization that has substantial expertise and 
     experience in the following areas:
       (i) The fire services.
       (ii) National voluntary consensus standards.
       (iii) Contemporary survey methods.
       (3) Report on findings of study.--
       (A) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study required by paragraph (1).
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) An accurate description, based on the results of the 
     survey required by paragraph (2)(A), of the rate of 
     compliance with the standards described in paragraph (1) 
     among United States fire services, including a comparison of 
     the rates of compliance among career fire departments, 
     volunteer fire departments, combination fire departments, and 
     fire departments serving communities of different sizes, and 
     such other comparisons as Administrator considers relevant.
       (ii) A description of the challenges faced by different 
     types of fire departments and different types of communities 
     in complying with the standards described in paragraph (1).
       (c) Task Force to Enhance Firefighter Safety.--
       (1) Establishment.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security shall establish a task force to be known as the 
     ``Task Force to Enhance Firefighter Safety'' (in this 
     subsection referred to as the ``Task Force'').
       (2) Membership.--
       (A) In general.--Members of the Task Force shall be 
     appointed by the Secretary from among the general public and 
     shall include the following:
       (i) Representatives of national organizations representing 
     firefighters and fire chiefs.
       (ii) Individuals representing standards-setting and 
     accrediting organizations, including representatives from the 
     voluntary consensus codes and standards development 
     community.
       (iii) Such other individuals as the Secretary considers 
     appropriate.
       (B) Representatives of other departments and agencies.--The 
     Secretary may invite representatives of other Federal 
     departments and agencies that have an interest in fire 
     services to participate in the meetings and other activities 
     of the Task Force.
       (C) Number; terms of service; pay and allowances.--The 
     Secretary shall determine the number, terms of service, and 
     pay and allowances of members of the Task Force appointed by 
     the Secretary, except that a term of service of any such 
     member may not exceed 2 years.
       (3) Responsibilities.--The Task Force shall--
       (A) consult with the Secretary in the conduct of the study 
     required by subsection (b)(1); and
       (B) develop a plan to enhance firefighter safety by 
     increasing fire service compliance with the standards 
     described in subsection (b)(1), including by--
       (i) reviewing and evaluating the report required by 
     subsection (b)(3)(A) to determine the extent of and barriers 
     to achieving compliance with the standards described in 
     subsection (b)(1) among fire services; and
       (ii) considering ways in which the Federal Government, 
     States, and local governments can promote or encourage fire 
     services to comply with such standards.
       (4) Report.--
       (A) In general.--Not later than 180 days after the date on 
     which the Secretary submits the report required by subsection 
     (b)(3)(A), the Task Force shall submit to Congress and the 
     Secretary a report on the activities and findings of the Task 
     Force.
       (B) Contents.--The report required by subparagraph (A) 
     shall include the following:
       (i) The findings and recommendations of the Task Force with 
     respect to the study carried out under subsection (b)(1).
       (ii) The plan developed under paragraph (3)(B).
       (d) Study and Report on the Needs of Fire Services.--
       (1) Study.--The Administrator shall conduct a study--

[[Page S7084]]

       (A) to define the current roles and activities associated 
     with fire services on a national, State, regional, and local 
     level;
       (B) to identify the equipment, staffing, and training 
     required to fulfill the roles and activities defined under 
     subparagraph (A);
       (C) to conduct an assessment to identify gaps between what 
     fire services currently possess and what they require to meet 
     the equipment, staffing, and training needs identified under 
     subparagraph (B) on a national and State-by-State basis; and
       (D) to measure the impact of the grant and assistance 
     program under section 33 of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229) in meeting the needs of 
     fire services and filling the gaps identified under 
     subparagraph (C).
       (2) Report.--Not later than 2 years after the date of the 
     enactment of this title, the Administrator shall submit to 
     Congress a report on the findings of the Administrator with 
     respect to the study conducted under paragraph (1).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator to carry out this 
     section--
       (1) $600,000 for fiscal year 2013; and
       (2) $600,000 for fiscal year 2014.

    Subtitle B--Reauthorization of United States Fire Administration

     SEC. 1811. SHORT TITLE.

       This subtitle may be cited as the ``United States Fire 
     Administration Reauthorization Act of 2012''.

     SEC. 1812. CLARIFICATION OF RELATIONSHIP BETWEEN UNITED 
                   STATES FIRE ADMINISTRATION AND FEDERAL 
                   EMERGENCY MANAGEMENT AGENCY.

       Section 5(c) of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2204) is amended to read as follows:
       ``(c) Deputy Administrator.--The Administrator may appoint 
     a Deputy Administrator, who shall--
       ``(1) perform such functions as the Administrator shall 
     from time to time assign or delegate; and
       ``(2) act as Administrator during the absence or disability 
     of the Administrator or in the event of a vacancy in the 
     office of Administrator.''.

     SEC. 1813. MODIFICATION OF AUTHORITY OF ADMINISTRATOR TO 
                   EDUCATE PUBLIC ABOUT FIRE AND FIRE PREVENTION.

       Section 6 of the Federal Fire Prevention and Control Act of 
     1974 (15 U.S.C. 2205) is amended by striking ``to take all 
     steps'' and all that follows through ``fire and fire 
     prevention.'' and inserting ``to take such steps as the 
     Administrator considers appropriate to educate the public and 
     overcome public indifference as to fire, fire prevention, and 
     individual preparedness.''.

     SEC. 1814. AUTHORIZATION OF APPROPRIATIONS.

       Section 17(g)(1) of the Federal Fire Prevention and Control 
     Act of 1974 (15 U.S.C. 2216(g)(1)) is amended--
       (1) in subparagraph (G), by striking ``and'' at the end;
       (2) in subparagraph (H), by striking the period at the end 
     and inserting a semicolon;
       (3) by adding after subparagraph (H) the following:
       ``(I) $76,490,890 for fiscal year 2013, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(J) $76,490,890 for fiscal year 2014, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(K) $76,490,890 for fiscal year 2015, of which $2,753,672 
     shall be used to carry out section 8(f);
       ``(L) $76,490,890 for fiscal year 2016, of which $2,753,672 
     shall be used to carry out section 8(f); and
       ``(M) $76,490,890 for fiscal year 2017, of which $2,753,672 
     shall be used to carry out section 8(f).''; and
       (4) in subparagraphs (E) through (H), by moving each margin 
     2 ems to the left.

     SEC. 1815. REMOVAL OF LIMITATION.

       Section 9(d) of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2208(d)) is amended--
       (1) by striking ``Update.--'' and all that follows through 
     ``The Administrator'' and inserting ``Update.--The 
     Administrator''; and
       (2) by striking paragraph (2).

                                 ______
                                 
  SA 3091. Mr. McCAIN 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 I, add the following:

     SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARDWARE.

       (a) Additional Amount for Other Procurement, Navy.--The 
     amount authorized to be appropriated for fiscal year 2013 by 
     section 101 is hereby increased by $2,000,000, with the 
     amount of the increase to be available for amounts authorized 
     to be appropriated by that section and available for other 
     procurement, Navy, Satellite Communications, line 085, 
     Satellite Communications Systems, as specified in the funding 
     table in section 4101.
       (b) Availability of Amount.--To the extent provided in 
     appropriations Acts, the amount authorized and made available 
     by subsection (a) may be obligated and expended for a new 
     program to procure SPIDERNet/Spectral Warrior Hardware and 
     installation in order to provide a cloud network for Spectral 
     Warrior terminals in support of requirements of the 
     commanders of the combatant commands.
       At the end of subtitle E of title I, add the following:

     SEC. 154. AC-130 AIRCRAFT ELECTRO-OPTICAL AND INFRARED 
                   SENSORS.

       (a) Additional Amount for Procurement, Defense-wide.--The 
     amount authorized to be appropriated for fiscal year 2013 by 
     section 101 is hereby increased by $6,000,000, with the 
     amount of the increase to be available for amounts authorized 
     to be appropriated by that section and available for 
     procurement, Defense-wide, other procurement programs, line 
     079, Combat mission requirements, as specified in the funding 
     table in section 4101.
       (b) Availability of Amount.--To the extent provided in 
     appropriations Acts, the amount authorized and made available 
     by subsection (a) may be obligated and expended for a new 
     program to procure color electro-optical and infrared imaging 
     sensors for AC-130 aircraft used by the United States Special 
     Operations Command in ongoing contingency operations.
       At the end of subtitle B of title II, add the following:

     SEC. 216. RELOCATION OF C-BAND RADAR FROM ANTIGUA TO H.E. 
                   HOLT STATION IN WESTERN AUSTRALIA TO ENHANCE 
                   SPACE SITUATIONAL AWARENESS CAPABILITIES.

       To the extent provided in appropriations Acts, of the 
     amounts authorized to be appropriated for fiscal year 2013 by 
     section 201 and available for research, development, test, 
     and evaluation for Space Situation Awareness Systems (PE 
     0604425F) for System Development and Demonstration as 
     specified in the funding table in section 4201, $3,000,000 
     may be obligated and expended for a new program for the 
     relocation and research and development activities to enhance 
     Space Situational Awareness capabilities through--
       (1) the repurposing of the C-Band Radar at Antigua;
       (2) the relocation of that radar to the H.E. Holt Station 
     in Western Australia;
       (3) upgrades of the hardware and software of that radar to 
     meet Space Situational Awareness mission needs;
       (4) operational testing of that radar; and
       (5) transfer of jurisdiction of that radar to the Air Force 
     Space Command for operations and sustainment by September 30, 
     2016.

     SEC. 217. DETAILED DIGITAL RADIO FREQUENCY MODULATION 
                   COUNTERMEASURES STUDIES AND SIMULATIONS.

       (a) Additional Amount for RDT&E, Army.--The amount 
     authorized to be appropriated for fiscal year 2013 by section 
     201 is hereby increased by $38,000,000, with the amount of 
     the increase to be available for amounts authorized to be 
     appropriated by that section and available for research, 
     development, test, and evaluation, Army, for system 
     development and demonstration (PE 0605457A) Army Integrated 
     Air and Missile Defense (AIAMD), as specified in the funding 
     table in section 4201.
       (b) Availability of Amount.--To the extent provided in 
     appropriations Acts, the amount authorized and made available 
     by subsection (a) may be obligated and expended for a new 
     program to conduct detailed digital radio frequency 
     modulation (DRFM) countermeasures studies and simulations to 
     develop algorithms to address this threat change in support 
     of the accelerated fielding of a new capability in Patriot, 
     Sentinel, and Integrated Air and Missile Defense (IAMD) for 
     the requirements of the commanders of the combatant commands.
       At the end of subtitle A of title X, add the following:

     SEC. 1005. TRANSFER OF CERTAIN FISCAL YEAR 2012 AND 2013 
                   FUNDS.

       (a) Transfer Authorized.--To the extent provided in 
     appropriations Acts, the Secretary of Defense may transfer 
     from fiscal year 2012 and 2013 procurement or research, 
     development, test, and evaluation accounts an aggregate of 
     $46,000,000 to be available for the additional authorizations 
     in sections 132, 154, and 217.
       (b) Covered Funds.--In subsection (a), the term ``fiscal 
     year 2012 and 2013 procurement or research, development, 
     test, and evaluation accounts'' means--
       (1) amounts authorized to be appropriated for fiscal year 
     2012 by sections 101 and 201 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81) 
     and available as specified in the funding tables in sections 
     4101 and 4201 of that Act; and
       (2) amounts authorized to be appropriated for fiscal year 
     2013 by sections 101 and 201 of this Act and available as 
     specified in the funding tables in sections 4101 and 4201 of 
     this Act.
       (c) Effect on Authorization Amounts.--A transfer made from 
     one account to another under the authority of this section 
     shall be deemed to change the amount authorized for the 
     account to which the amount is transferred by an amount equal 
     to the amount transferred.
       (d) Construction of Authority.--The transfer authority in 
     this section is in addition to any other transfer authority 
     provided in this Act.
                                 ______
                                 
  SA 3092. Mr. RISCH submitted an amendment intended to be proposed by

[[Page S7085]]

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 MILITARY ASSETS IN PROXIMITY OF 
                   BENGHAZI, LIBYA, ON SEPTEMBER 11, 2011.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     outlining all United States and North Atlantic Treaty 
     Organization (NATO) military armed and unarmed assets within 
     7 hours travel time of Benghazi, Libya, on September 11, 
     2012, that could have arrived within 7 hours of notification.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees;
       (2) the Committee on Foreign Relations and the Committee on 
     Intelligence of the Senate; and
       (3) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 3093. Mr. RISCH 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 XII, add the following:

     SEC. 1233. REPORT ON INDIVIDUALS DETAINED BY FOREIGN 
                   COUNTRIES WITH INFORMATION USEFUL TO 
                   INVESTIGATION OF TERRORIST ATTACKS ON UNITED 
                   STATES INTERESTS IN BENGHAZI, LIBYA.

       (a) Report Required.--
       (1) In general.--Not later than 15 days and 180 days after 
     the date of the enactment of this Act, the Attorney General 
     and the Secretary of State shall jointly submit to Congress a 
     report listing individuals currently in the custody of 
     another country who would be useful for the Federal Bureau of 
     Investigations to interview, or whom the Federal Bureau of 
     Investigations has already interviewed, in conjunction with 
     its investigation into the September 11, 2012, terrorist 
     attacks on United States interests in Benghazi, Libya.
       (2) Content.--The report required under paragraph (1) shall 
     include, at a minimum, the following elements:
       (A) A list--
       (i) including the name of each individual;
       (ii) indicating the country where he or she is being 
     detained; and
       (iii) describing whether that country has granted the 
     Federal Bureau of Investigations access to interview the 
     individual, and describing the access provided.
       (B) An addendum prepared by the Secretary of State 
     detailing if the Department of State considers the countries 
     detaining the individuals listed under subparagraph (A) as 
     fully cooperating with United States antiterrorism efforts.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) any country that fails to allow immediate and full 
     access to the Federal Bureau of Investigations to interview 
     the individuals listed in the report submitted under 
     subsection (a) does not meet the threshold of fully 
     cooperating with United States antiterrorism efforts; and
       (2) the Secretary of State shall weigh this factor heavily 
     when determining for purposes of section 40(d) of the Arms 
     Export Control Act (22 U.S.C. 2780(d)) whether a country has 
     repeatedly provided support for acts of international 
     terrorism and is prohibited from certain arms transactions.
                                 ______
                                 
  SA 3094. Mr. RISCH 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 3114 and insert the following:

     SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 
                   NONPROLIFERATION.

       (a) Program Required.--
       (1) In general.--Title XLIII of the Atomic Energy Defense 
     Act (50 U.S.C. 2562 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGEMENT FOR 
                   NONPROLIFERATION.

       ``(a) Program Required.--(1) The Secretary of Energy shall, 
     acting through the Administrator of the National Nuclear 
     Security Administration, carry out a program on scientific 
     engagement in countries selected by the Secretary for 
     purposes of the program in order to advance global 
     nonproliferation and nuclear security efforts.
       ``(2) The program required by this section shall be a 
     distinct program from the Global Initiatives for 
     Proliferation Prevention program.
       ``(b) Elements.--The program shall include the elements as 
     follows:
       ``(1) Training and capacity-building to strengthen 
     nonproliferation and security best practices.
       ``(2) Engagement of United States scientists with foreign 
     counterparts to advance nonproliferation goals.
       ``(c) Report on Commencement of Program.--Funds may not be 
     expended under the program required by this section until the 
     Administrator submits to the appropriate congressional 
     committees a report setting forth the following:
       ``(1) For each country selected for the program as of the 
     date of such report--
       ``(A) a proliferation threat assessment prepared by the 
     Director of National Intelligence; and
       ``(B) metrics for evaluating the success of the program.
       ``(2) Accounting standards for the conduct of the program 
     approved by the Comptroller General of the United States.
       ``(d) Reports on Modification of Program.--Before making 
     any modification in the program (whether selecting a new 
     country for the program, ceasing the selection of a country 
     for the program, or modifying an element of the program), the 
     Administrator shall submit to the appropriate congressional 
     committees a report on the modification. If the modification 
     consists of the selection for the program of a country not 
     previously selected for the program, the report shall include 
     the matters specified in subsection (c)(1) for the country.
       ``(e) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the congressional defense committees;
       ``(2) the Select Committee on Intelligence and the 
     Committee on Foreign Relations of the Senate; and
       ``(3) the Permanent Select Committee on Intelligence and 
     the Committee on Foreign Affairs of the House of 
     Representatives.''.
       (2) Clerical amendment.--The table of contents in section 
     4001(b) of such Act (division D of Public Law 107-314) is 
     amended by inserting after the item relating to section 4308 
     the following new item:

``Sec. 4309. Program on scientific engagement for nonproliferation.''.

       (b) Report on Coordination With Other United States 
     Nonproliferation Programs.--Not later than 180 days after the 
     date of the enactment of this Act, the Administrator of the 
     National Nuclear Security Administration shall submit to the 
     appropriate congressional committees a report describing the 
     manner in which the program on scientific engagement for 
     nonproliferation under section 4309 of the Atomic Energy 
     Defense Act (as added by subsection (a)) coordinates with and 
     complements, but does not duplicate, other nonproliferation 
     programs of the United States Government.
       (c) Comptroller General of the United States Report.--Not 
     later than two years after the date of the enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the appropriate congressional committees a report 
     on the program on scientific engagement for nonproliferation 
     under section 4309 of the Atomic Energy Defense Act (as so 
     added). The report shall include an assessment by the 
     Comptroller General of the success of the program, as 
     determined in accordance with the metrics for evaluating the 
     success of the program under subsection (c)(1)(B) of such 
     section 4309, and such other matters on the program as the 
     Comptroller General considers appropriate.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional defense committees;
       (2) the Select Committee on Intelligence and the Committee 
     on Foreign Relations of the Senate; and
       (3) the Permanent Select Committee on Intelligence and the 
     Committee on Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 3095. Mrs. HAGAN (for herself, Mr. Johnson of South Dakota, Mrs. 
Murray, and Mr. Udall of Colorado) 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:

       Strike section 2823.
                                 ______
                                 
  SA 3096. Mr. MERKLEY (for himself, Mr. Paul, and Mr. Manchin) 
submitted an amendment intended to be proposed

[[Page S7086]]

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. COMPLETION OF ACCELERATED TRANSITION OF UNITED 
                   STATES COMBAT AND MILITARY AND SECURITY 
                   OPERATIONS TO THE GOVERNMENT OF AFGHANISTAN.

       (a) Sense of Congress.--It is the sense of Congress that 
     the President shall, in coordination with the Government of 
     Afghanistan, North Atlantic Treaty Organization (NATO) member 
     countries, and other allies in Afghanistan, seek to--
       (1) undertake all appropriate activities to accomplish the 
     President's stated goal of transitioning the lead 
     responsibility for security to the Government of Afghanistan 
     by mid-summer 2013;
       (2) as part of accomplishing this transition of the lead 
     responsibility for security to the Government of Afghanistan, 
     draw down United States troops to the minimum level required 
     to meet this goal;
       (3) as previously announced by the President, continue to 
     draw down United States troop levels at a steady pace through 
     the end of 2014; and
       (4) end all regular combat operations by United States 
     troops by not later than December 31, 2014, and take all 
     possible steps to end such operations at the earliest date 
     consistent with a safe and orderly draw down of United States 
     troops in Afghanistan.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to limit or prohibit any authority of the 
     President--
       (1) to modify the military strategy, tactics, and 
     operations of United States Armed Forces as such Armed Forces 
     redeploy from Afghanistan;
       (2) to authorize United States forces in Afghanistan to 
     defend themselves whenever they may be threatened;
       (3) to attack Al Qaeda forces wherever such forces are 
     located;
       (4) to provide financial support and equipment to the 
     Government of Afghanistan for the training and supply of 
     Afghanistan military and security forces; or
       (5) to gather, provide, and share intelligence with United 
     States allies operating in Afghanistan and Pakistan.
                                 ______
                                 
  SA 3097. Mrs. SHAHEEN 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. REPORTS BY FEDERAL AGENCIES WITH CONSTRUCTION 
                   CONTRACTS IN AFGHANISTAN THAT DO NOT COMPLY 
                   WITH INSPECTOR GENERAL RECOMMENDATIONS ON 
                   REIMBURSEMENT FOR POOR CONTRACTOR PERFORMANCE, 
                   COST OVERRUNS, OR OTHER REASONS.

       (a) In General.--Not later than 30 days after the end of 
     the 60-day period for an audited establishment to respond to 
     a covered final audit report submitted to the establishment 
     by an Inspector General under section 5 of the Inspector 
     General Act of 1978 (5 U.S.C. App.) or 30 days after the 
     establishment responds to a covered audit report with a non-
     concur or partial concur response, the head of the 
     establishment shall submit to Congress a report with an 
     explanation for the failure to respond or the non-concur or 
     partial concur response.
       (b) Definitions.--In this section:
       (1) The term ``covered final audit report'' means a final 
     audit report issued by an Inspector General under the 
     Inspector General Act of 1978 that includes a recommendation 
     for an establishment to seek reimbursement for failure by a 
     contractor or subcontractor to successfully complete a 
     construction contract in Afghanistan due to poor contractor 
     performance, cost-overruns, or other reasons that would, if 
     implemented, result in at least $2,000,000 in savings.
       (2) The terms ``establishment'' and ``head of the 
     establishment'' have the meanings given such terms in section 
     11 of the Inspector General Act of 1978.
                                 ______
                                 
  SA 3098. Mrs. SHAHEEN (for herself and Ms. Ayotte) 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 E of title VIII, add the following:

     SEC. 888. REPORT BY THE SUSPENSION AND DEBARMENT OFFICIALS OF 
                   THE MILITARY DEPARTMENTS AND THE DEFENSE 
                   LOGISTICS AGENCY.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the suspension and debarment 
     official of each agency specified in subsection (b) shall 
     submit to the congressional defense committees a report on 
     the suspension and debarment activities of such official 
     containing the information specified in subsection (c).
       (b) Covered Agencies.--The agencies specified in this 
     subsection are the following:
       (1) The Department of the Army.
       (2) The Department of the Navy.
       (3) The Department of the Air Force.
       (4) The Defense Logistics Agency.
       (c) Covered Information.--The information specified in this 
     subsection to be included in the report of a suspension and 
     debarment official under subsection (a) is the following:
       (1) The number of open suspension and debarment cases of 
     such official as of the date of such report.
       (2) The current average processing time for suspension and 
     debarment cases.
       (3) The target goal of such official for average processing 
     time for suspension and debarment proposals.
       (4) If the average time required for such official to 
     process suspension and debarment proposals is more than twice 
     the target goal specified under paragraph (3)--
       (A) an explanation why the average time exceeds the target 
     goal by more than twice the target goal; and
       (B) a description of the actions to be taken by such 
     official to ensure that the average processing time for 
     suspension and debarment proposals meets the target goal.
                                 ______
                                 
  SA 3099. Mrs. MURRAY (for herself, Ms. Mikulski, Mr. Durbin, and Mr. 
Baucus) 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; as follows:

       At the end of title VII, add the following:

                 Subtitle E--Mental Health Care Matters

     SEC. 751. ENHANCEMENT OF OVERSIGHT AND MANAGEMENT OF 
                   DEPARTMENT OF DEFENSE SUICIDE PREVENTION AND 
                   RESILIENCE PROGRAMS.

       (a) In General.--The Secretary of Defense shall, acting 
     through the Under Secretary of Defense for Personnel and 
     Readiness, establish within the Office of the Secretary of 
     Defense a position with responsibility for oversight and 
     management of all suicide prevention and resilience programs 
     and all preventative behavioral health programs of the 
     Department of Defense (including those of the military 
     departments and the Armed Forces).
       (b) Scope of Responsibilities.--The individual serving in 
     the position established pursuant to subsection (a) shall 
     have the responsibilities as follows:
       (1) To establish a uniform definition of resiliency for use 
     in the suicide prevention and resilience programs and 
     preventative behavioral health programs of the Department of 
     Defense (including those of the military departments and the 
     Armed Forces).
       (2) In consultation with the National Center for Post 
     Traumatic Stress Disorder of the Department of Veterans 
     Affairs and other appropriate public and private agencies and 
     entities, to require the use of clinical best practices in 
     mental health care, suicide prevention programs, and 
     resilience programs of the Department of Defense, including 
     the diagnosis and treatment of behavioral health disorders.
       (3) To oversee and manage the comprehensive program on the 
     prevention of suicide among members of the Armed Forces 
     required by section 752.

     SEC. 752. COMPREHENSIVE PROGRAM ON PREVENTION OF SUICIDE 
                   AMONG MEMBERS OF THE ARMED FORCES.

       (a) Comprehensive Program Required.--The Secretary of 
     Defense shall, acting through the Under Secretary of Defense 
     for Personnel and Readiness, develop and implement within the 
     Department of Defense a comprehensive program on the 
     prevention of suicide among members of the Armed Forces. In 
     developing the program, the Secretary shall consider 
     recommendations from the operational elements of the Armed 
     Forces regarding the feasibility of the implementation and 
     execution of particular elements of the program.
       (b) Elements.--The comprehensive program required by 
     subsection (a) shall include elements to achieve the 
     following:
       (1) To raise awareness among members of the Armed Forces 
     about mental health conditions and the stigma associated with 
     mental health conditions and mental health care.
       (2) To provide members of the Armed Forces generally, 
     members of the Armed Forces in supervisory positions 
     (including officers in command billets and non-commissioned 
     officers), and medical personnel of the Armed Forces and the 
     Department of Defense with effective means of identifying 
     members of the Armed Forces who are at risk for suicide 
     (including enhanced means for early identification and 
     treatment of such members).

[[Page S7087]]

       (3) To provide members of the Armed Forces who are at risk 
     of suicide with continuous access to suicide prevention 
     services, including suicide crisis services.
       (4) To evaluate and assess the effectiveness of the suicide 
     prevention and resilience programs and preventative 
     behavioral health programs of the Department of Defense 
     (including those of the military departments and the Armed 
     Forces), including the development of metrics for that 
     purpose.
       (5) To evaluate and assess the current diagnostic tools and 
     treatment methods in the programs referred to in paragraph 
     (4) in order to ensure clinical best practices are used in 
     such programs.
       (6) To ensure that the programs referred to in paragraph 
     (4) incorporate evidenced-based practices when available.
       (7) To provide for the training of mental health care 
     providers on evidence-based therapies in connection with 
     suicide prevention.
       (8) To establish training standards for behavioral health 
     care providers in order to ensure that such providers receive 
     training on clinical best practices and evidence-based 
     treatments as information on such practices and treatments 
     becomes available, and to ensure such standards are met.
       (9) To provide for the integration of mental health 
     screenings and suicide risk and prevention for members of the 
     Armed Forces into the delivery of primary care for such 
     members.
       (10) To ensure appropriate responses to attempted or 
     completed suicides among members of the Armed Forces, 
     including guidance and training to assist commanders in 
     addressing incidents of attempted or completed suicide within 
     their units.
       (11) To ensure the protection of the privacy of members of 
     the Armed Forces seeking or receiving treatment relating to 
     suicide.
       (12) Such other matters as the Secretary of Defense 
     considers appropriate in connection with the prevention of 
     suicide among members of the Armed Forces.
       (c) Consultation.--In developing and implementing the 
     comprehensive program required by subsection (a), the Under 
     Secretary shall consult with appropriate officials and 
     elements of the Department of Defense, appropriate centers of 
     excellence within the Department of Defense, and other public 
     and private entities with expertise in mental health and 
     suicide prevention.
       (d) Implementation by the Armed Forces.--In implementing 
     the comprehensive program required by subsection (a) with 
     respect to an Armed Force, the Secretary of the military 
     department concerned may, in consultation with the Under 
     Secretary and with the approval of the Secretary of Defense, 
     modify particular elements of the program in order to adapt 
     the program appropriately to the unique culture and elements 
     of that Armed Force.
       (e) Quality Assurance.--In developing and implementing the 
     comprehensive program required by subsection (a), the Under 
     Secretary shall develop and implement appropriate mechanisms 
     to provide for the oversight and management of the program, 
     including quality measures to assess the efficacy of the 
     program in preventing suicide among members of the Armed 
     Forces.

     SEC. 753. QUALITY REVIEW OF MEDICAL EVALUATION BOARDS, 
                   PHYSICAL EVALUATION BOARDS, AND PHYSICAL 
                   EVALUATION BOARD LIAISON OFFICERS.

       (a) In General.--The Secretary of Defense shall 
     standardize, assess, and monitor the quality assurance 
     programs of the military departments to evaluate the 
     following in the performance of their duties (including 
     duties under chapter 61 of title 10, United States Code):
       (1) Medical Evaluation Boards (MEBs).
       (2) Physical Evaluation Boards (PEBs).
       (3) Physical Evaluation Board Liaison Officers (PEBLOs).
       (b) Objectives.--The objectives of the quality assurance 
     program shall be as follows:
       (1) To ensure accuracy and consistency in the 
     determinations and decisions of Medical Evaluation Boards and 
     Physical Evaluation Boards.
       (2) To otherwise monitor and sustain proper performance of 
     the duties of Medical Evaluation Boards and Physical 
     Evaluation Boards, and of Physical Evaluation Board Liaison 
     Officers.
       (3) Such other objectives as the Secretary shall specify 
     for purposes of the quality assurance program.
       (c) Reports.--
       (1) Report on implementation.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall submit to the appropriate committees of Congress a 
     report setting forth the plan of the Secretary for the 
     implementation of the requirements of this section.
       (2) Annual reports.--Not later than one year after the date 
     of the submittal of the report required by paragraph (1), and 
     annually thereafter for the next four years, the Secretary 
     shall submit to the appropriate committees of Congress a 
     report setting forth an assessment of the implementation of 
     the requirements of this section during the one-year period 
     ending on the date of the report under this paragraph. Each 
     report shall include, in particular, an assessment of the 
     extent to which the quality assurance program under the 
     requirements of this section meets the objectives specified 
     in subsection (b).
       (3) Appropriate committees of congress defined.--In this 
     subsection, the term ``appropriate committees of Congress'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.

     SEC. 754. ASSESSMENT OF ADEQUACY OF MENTAL HEALTH CARE 
                   BENEFITS UNDER THE TRICARE PROGRAM.

       (a) Independent Assessment Required.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Defense shall, in consultation with the 
     Secretary of Health and Human Services, enter into a contract 
     with an appropriate independent entity to assess whether the 
     mental health care benefits available for members of the 
     Armed Forces and other covered beneficiaries under the 
     TRICARE program are adequate to meet the needs of such 
     members and beneficiaries for mental health care.
       (b) Report.--The contract required by subsection (a) shall 
     require the entity conducting the assessment required by the 
     contract to submit to the Secretary of Defense, and to the 
     congressional defense committees, a report setting forth the 
     results of the assessment by not later than 180 days after 
     the date of entry into the contract. If the entity determines 
     pursuant to the assessment that the mental health care 
     benefits available for members of the Armed Forces and other 
     covered beneficiaries under the TRICARE program are not 
     adequate to meet the needs of such members and beneficiaries 
     for mental health care, the report shall include such 
     recommendations for legislative or administrative action as 
     the entity considers appropriate to remediate any identified 
     inadequacy.
       (c) Definitions.--In this section:
       (1) The term ``covered beneficiaries'' has the meaning 
     given that term in section 1072(5) of title 10, United States 
     Code.
       (2) The term ``TRICARE program'' has the meaning given that 
     term in section 1072(7) of title 10, United States Code.

     SEC. 755. SHARING BETWEEN DEPARTMENT OF DEFENSE AND 
                   DEPARTMENT OF VETERANS AFFAIRS OF RECORDS AND 
                   INFORMATION RETAINED UNDER THE MEDICAL TRACKING 
                   SYSTEM FOR MEMBERS OF THE ARMED FORCES DEPLOYED 
                   OVERSEAS.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly enter into a memorandum of 
     understanding providing for the sharing by the Department of 
     Defense with the Department of Veterans Affairs of the 
     results of examinations and other records on members of the 
     Armed Forces that are retained and maintained with respect to 
     the medical tracking system for members deployed overseas 
     under section 1074f(c) of title 10, United States Code.
       (b) Cessation Upon Implementation of Electronic Health 
     Record.--The sharing required pursuant to subsection (a) 
     shall cease on the date on which the Secretary of Defense and 
     the Secretary of Veterans Affairs jointly certify to Congress 
     that the Secretaries have fully implemented an integrated 
     electronic health record for members of the Armed Forces that 
     is fully interoperable between the Department of Defense and 
     the Department of Veterans Affairs.

     SEC. 756. PARTICIPATION OF MEMBERS OF THE ARMED FORCES IN 
                   PEER SUPPORT COUNSELING PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS.

       (a) Participation.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Veterans Affairs shall jointly enter into a memorandum of 
     understanding providing for members of the Armed Forces 
     described in subsection (b) to volunteer or be considered for 
     employment as peer counselors under the following:
       (A) The peer support counseling program carried out by the 
     Secretary of Veterans Affairs under subsection (j) of section 
     1720F of title 38, United States Code, as part of the 
     comprehensive program for suicide prevention among veterans 
     under subsection (a) of such section.
       (B) The peer support counseling program carried out by the 
     Secretary of Veterans Affairs under section 304(a)(1) of the 
     Caregivers and Veterans Omnibus Health Services Act of 2010 
     (Public Law 111-163; 124 Stat. 1150; 38 U.S.C. 1712A note).
       (2) Training.--Any member participating in a peer support 
     counseling program under paragraph (1) shall receive the 
     training for peer counselors under section 1720F(j)(2) of 
     title 38, United States Code, or section 304(c) of the 
     Caregivers and Veterans Omnibus Health Services Act of 2010, 
     as applicable, before performing peer support counseling 
     duties under such program.
       (b) Covered Members.--Members of the Armed Forces described 
     in this subsection are the following:
       (1) Members of the reserve components of the Armed Forces 
     who are demobilizing after deployment in a theater of combat 
     operations, including, in particular, members who 
     participated in combat against the enemy while so deployed.
       (2) Members of the regular components of the Armed Forces 
     separating from active duty who have been deployed in a 
     theater of combat operations in which such members 
     participated in combat against the enemy.

     SEC. 757. RESEARCH AND MEDICAL PRACTICE ON MENTAL HEALTH 
                   CONDITIONS.

       (a) Department of Defense Organization on Research and 
     Practice.--The Secretary of Defense shall establish within 
     the Department of Defense an organization to carry out

[[Page S7088]]

     the responsibilities specified in subsection (b).
       (b) Responsibilities.--The organization established under 
     subsection (a) shall--
       (1) carry out programs and activities designed to provide 
     for the translation of research on the diagnosis and 
     treatment of mental health conditions into policy on medical 
     practices;
       (2) make recommendations to the Assistant Secretary of 
     Defense for Health Affairs on the translation of such 
     research into the policies of the Department of Defense on 
     medical practices with respect to members of the Armed 
     Forces; and
       (3) discharge such other responsibilities relating to 
     research and medical practices on mental health conditions, 
     and the policies of the Department on such practices with 
     respect to members of the Armed Forces, as the Secretary or 
     the Assistant Secretary shall specify for purposes of this 
     section.
       (c) Reports.--
       (1) Initial report.--Not later than 120 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     Congress a report on the organization required by subsection 
     (a). The report shall include a description of the 
     organization and a plan for implementing the requirements of 
     this section.
       (2) Annual reports.--The Secretary shall submit to Congress 
     each year a report on the activities of the organization 
     established under subsection (a) during the preceding year. 
     Each report shall include the following:
       (A) A summary description of the activities of the 
     organization during the preceding year.
       (B) A description of the recommendations made by the 
     organization to the Assistant Secretary under subsection 
     (b)(2) during the year, and a description of the actions 
     undertaken (or to be undertaken) by the Assistant Secretary 
     in response to such recommendations.
       (C) Such other matters relating to the activities of the 
     organization, including recommendations for additional 
     legislative or administrative action, as the Secretary, in 
     consultation with the Assistant Secretary, considers 
     appropriate.

     SEC. 758. DISPOSAL OF CONTROLLED SUBSTANCES.

       (a) Members of the Armed Forces.--The Administrator of the 
     Drug Enforcement Administration shall enter into a memorandum 
     of understanding with the Secretary of Defense establishing 
     procedures under which a member of the Armed Forces may 
     deliver a controlled substance to a member of the Armed 
     Forces or an employee of the Department of Defense to be 
     disposed of in accordance with section 302(g) of the 
     Controlled Substances Act (21 U.S.C. 822(g)).
       (b) Veterans.--
       (1) In general.--The Administrator shall enter into a 
     memorandum of understanding with the Secretary of Veterans 
     Affairs establishing procedures under which a veteran may 
     deliver a controlled substance to an employee of the 
     Department of Veterans Affairs to be disposed of in 
     accordance with section 302(g) of the Controlled Substances 
     Act.
       (2) Veteran defined.--In this subsection, the term 
     ``veteran'' has the meaning given that term in section 101 of 
     title 38, United States Code.

     SEC. 759. TRANSPARENCY OF MENTAL HEALTH CARE SERVICES.

       (a) Measurement of Mental Health Care Services.--
       (1) In general.--Not later than December 31, 2013, the 
     Secretary of Veterans Affairs shall develop and implement a 
     comprehensive set of measures to assess mental health care 
     services furnished by the Department of Veterans Affairs.
       (2) Elements.--The measures developed and implemented under 
     paragraph (1) shall provide an accurate and comprehensive 
     assessment of the following:
       (A) The timeliness of the furnishing of mental health care 
     by the Department.
       (B) The satisfaction of patients who receive mental health 
     care services furnished by the Department.
       (C) The capacity of the Department to furnish mental health 
     care.
       (D) The availability and furnishing of evidence-based 
     therapies by the Department.
       (b) Guidelines for Staffing Mental Health Care Services.--
     Not later than December 31, 2013, the Secretary shall develop 
     and implement guidelines for the staffing of general and 
     specialty mental health care services, including at 
     community-based outpatient clinics. Such guidelines shall 
     include productivity standards for providers of mental health 
     care.
       (c) Study Committee.--
       (1) In general.--The Secretary shall seek to enter into a 
     contract with the National Academy of Sciences to create a 
     study committee--
       (A) to consult with the Secretary on the Secretary's 
     development and implementation of the measures and guidelines 
     required by subsections (a) and (b); and
       (B) to conduct an assessment and provide an analysis and 
     recommendations on the state of Department mental health 
     services.
       (2) Functions.--In entering into the contract described in 
     paragraph (1), the Secretary shall, with respect to paragraph 
     (1)(B), include in such contract a provision for the study 
     committee--
       (A) to conduct a comprehensive assessment of barriers to 
     access to mental health care by veterans who served in the 
     Armed Forces in Operation Enduring Freedom, Operation Iraqi 
     Freedom, or Operation New Dawn;
       (B) to assess the quality of the mental health care being 
     provided to such veterans (including the extent to which 
     veterans are afforded choices with respect to modes of 
     treatment) through site visits to facilities of the Veterans 
     Health Administration (including at least one site visit in 
     each Veterans Integrated Service Network), evaluating studies 
     of patient outcomes, and other appropriate means;
       (C) to assess whether, and the extent to which, veterans 
     who served in the Armed Forces in Operation Enduring Freedom, 
     Operation Iraqi Freedom, or Operation New Dawn are being 
     offered a full range of necessary mental health services at 
     Department health care facilities, including early 
     intervention services for hazardous drinking, relationship 
     problems, and other behaviors that create a risk for the 
     development of a chronic mental health condition;
       (D) to conduct surveys or have access to Department-
     administered surveys of--
       (i) providers of Department mental health services;
       (ii) veterans who served in the Armed Forces in Operation 
     Enduring Freedom, Operation Iraqi Freedom, or Operation New 
     Dawn who are receiving mental health care furnished by the 
     Department; and
       (iii) eligible veterans who served in the Armed Forces in 
     Operation Enduring Freedom, Operation Iraqi Freedom, or 
     Operation New Dawn who are not using Department health care 
     services to assess those barriers described in subparagraph 
     (A); and
       (E) to provide to the Secretary, on the basis of its 
     assessments as delineated in subparagraphs (A) through (C), 
     specific, detailed recommendations--
       (i) for overcoming barriers, and improving access, to 
     timely, effective mental health care at Department health 
     care facilities (or, where Department facilities cannot 
     provide such care, through contract arrangements under 
     existing law); and
       (ii) to improve the effectiveness and efficiency of mental 
     health services furnished by the Secretary.
       (3) Participation by former officials and employees of 
     veterans health administration.--The Secretary shall ensure 
     that any contract entered into under paragraph (1) provides 
     for inclusion on any subcommittee which participates in 
     conducting the assessments and formulating the 
     recommendations provided for in paragraph (2) at least one 
     former official of the Veterans Health Administration and at 
     least two former employees of the Veterans Health 
     Administration who were providers of mental health care.
       (4) Periodic reports to secretary.--In entering into the 
     contract described in paragraph (1), the Secretary shall, 
     with respect to paragraph (1)(A), include in such contract a 
     provision for the submittal to the Secretary of periodic 
     reports and provision of other consultation to the Secretary 
     by the study committee to assist the Secretary in carrying 
     out subsections (a) and (b).
       (5) Reports to congress.--Not later than 30 days after 
     receiving a report under paragraph (4), the Secretary shall 
     submit to the Committee on Veterans' Affairs of the Senate 
     and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the plans of the Secretary to 
     implement such recommendations submitted to the Secretary by 
     the study committee as the Secretary considers appropriate. 
     Such report shall include a description of each 
     recommendation submitted to the Secretary that the Secretary 
     does not plan to carry out and an explanation of why the 
     Secretary does not plan to carry out such recommendation.
       (d) Publication.--
       (1) In general.--The Secretary shall make available to the 
     public on an Internet website of the Department the 
     following:
       (A) The measures and guidelines developed and implemented 
     under this section.
       (B) An assessment of the performance of the Department 
     using such measures and guidelines.
       (2) Quarterly updates.--The Secretary shall update the 
     measures, guidelines, and assessment made available to the 
     public under paragraph (1) not less frequently than 
     quarterly.
       (e) Semiannual Reports.--
       (1) In general.--Not later than June 30, 2013, and not less 
     frequently than twice each year thereafter, the Secretary 
     shall submit to the Committee on Veterans' Affairs of the 
     Senate and the Committee on Veterans' Affairs of the House of 
     Representatives a report on the Secretary's progress in 
     developing and implementing the measures and guidelines 
     required by this section.
       (2) Elements.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) A description of the development and implementation of 
     the measures required by subsection (a) and the guidelines 
     required by subsection (b).
       (B) A description of the progress made by the Secretary in 
     developing and implementing such measures and guidelines.
       (C) An assessment of the mental health care services 
     furnished by the Department of Veterans Affairs, using the 
     measures developed and implemented under subsection (a).
       (D) An assessment of the effectiveness of the guidelines 
     developed and implemented under subsection (b).
       (E) Such recommendations for legislative or administrative 
     action as the Secretary may have to improve the effectiveness 
     and efficiency of the mental health care services

[[Page S7089]]

     furnished under laws administered by the Secretary.
       (f) Implementation Report.--
       (1) In general.--Not later than 30 days before the date on 
     which the Secretary begins implementing the measures and 
     guidelines required by this section, the Secretary shall 
     submit to the committees described in subsection (e)(1) a 
     report on the Secretary's planned implementation of such 
     measures and guidelines.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A detailed description of the measures and guidelines 
     that the Secretary plans to implement under this section.
       (B) A description of the rationale for each measure and 
     guideline the Secretary plans to implement under this 
     section.
       (C) A discussion of each measure and guideline that the 
     Secretary considered under this section but chose not to 
     implement.
       (D) The number of current vacancies in mental health care 
     provider positions in the Department.
       (E) An assessment of how many additional positions are 
     needed to meet current or expected demand for mental health 
     services furnished by the Department.

     SEC. 760. EXPANSION OF VET CENTER PROGRAM TO INCLUDE 
                   FURNISHING COUNSELING TO CERTAIN MEMBERS OF THE 
                   ARMED FORCES AND THEIR FAMILY MEMBERS.

       Section 1712A of title 38, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``Upon the request'' 
     and all that follows through the period at the end and 
     inserting the following: ``Upon the request of any individual 
     referred to in subparagraph (C), the Secretary shall furnish 
     counseling, including by furnishing counseling through a Vet 
     Center, to the individual--
       ``(i) in the case of an individual referred to in clauses 
     (i) through (iv) of subparagraph (C), to assist the 
     individual in readjusting to civilian life; and
       ``(ii) in the case of an individual referred to in clause 
     (v) of such subparagraph who is a family member of a veteran 
     or member described in such clause--
       ``(I) in the case of a member who is deployed in a theater 
     of combat operations or an area at a time during which 
     hostilities are occurring in that area, during such 
     deployment to assist such individual in coping with such 
     deployment; and
       ``(II) in the case of a veteran or member who is 
     readjusting to civilian life, to the degree that counseling 
     furnished to such individual is found to aid in the 
     readjustment of such veteran or member to civilian life.''; 
     and
       (ii) by striking subparagraph (B) and inserting the 
     following new subparagraphs:
       ``(B) Counseling furnished to an individual under 
     subparagraph (A) may include a comprehensive individual 
     assessment of the individual's psychological, social, and 
     other characteristics to ascertain whether--
       ``(i) in the case of an individual referred to in clauses 
     (i) through (iv) of subparagraph (C), such individual has 
     difficulties associated with readjusting to civilian life; 
     and
       ``(ii) in the case of an individual referred to in clause 
     (v) of such subparagraph, such individual has difficulties 
     associated with--
       ``(I) coping with the deployment of a member described in 
     subclause (I) of such clause; or
       ``(II) readjustment to civilian life of a veteran or member 
     described in subclause (II) of such clause.
       ``(C) Subparagraph (A) applies to the following 
     individuals:
       ``(i) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who served on active duty in a theater of 
     combat operations or an area at a time during which 
     hostilities occurred in that area.
       ``(ii) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who provided direct emergency medical or 
     mental health care, or mortuary services to the causalities 
     of combat operations or hostilities, but who at the time was 
     located outside the theater of combat operations or area of 
     hostilities.
       ``(iii) Any individual who is a veteran or member of the 
     Armed Forces, including a member of a reserve component of 
     the Armed Forces, who engaged in combat with an enemy of the 
     United States or against an opposing military force in a 
     theater of combat operations or an area at a time during 
     which hostilities occurred in that area by remotely 
     controlling an unmanned aerial vehicle, notwithstanding 
     whether the physical location of such veteran or member 
     during such combat was within such theater of combat 
     operations or area.
       ``(iv) Any individual who received counseling under this 
     section before the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013.
       ``(v) Any individual who is a family member of any--
       ``(I) member of the Armed Forces, including a member of a 
     reserve component of the Armed Forces, who is serving on 
     active duty in a theater of combat operations or in an area 
     at a time during which hostilities are occurring in that 
     area; or
       ``(II) veteran or member of the Armed Forces described in 
     this subparagraph.'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraph (3) as paragraph (2); and
       (D) in paragraph (2), as redesignated by subparagraph (C)--
       (i) by striking ``a veteran described in paragraph 
     (1)(B)(iii)'' and inserting ``an individual described in 
     paragraph (1)(C)''; and
       (ii) by striking ``the veteran a preliminary general mental 
     health assessment'' and inserting ``the individual a 
     comprehensive individual assessment as described in paragraph 
     (1)(B)'';
       (2) in subsection (b)(1), by striking ``physician or 
     psychologist'' each place it appears and inserting ``licensed 
     or certified mental health care provider'';
       (3) in subsection (g)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) The term `Vet Center' means a facility which is 
     operated by the Department for the provision of services 
     under this section and which is situated apart from 
     Department general health care facilities.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) The term `family member', with respect to a veteran 
     or member of the Armed Forces, means an individual who--
       ``(A) is a member of the family of the veteran or member, 
     including--
       ``(i) a parent;
       ``(ii) a spouse;
       ``(iii) a child;
       ``(iv) a step-family member; and
       ``(v) an extended family member; or
       ``(B) lives with the veteran or member but is not a member 
     of the family of the veteran or member.''; and
       (4) by redesignating subsection (g), as amended by 
     paragraph (3), as subsection (h) and inserting after 
     subsection (f) the following new subsection (g):
       ``(g) In carrying out this section and in furtherance of 
     the Secretary's responsibility to carry out outreach 
     activities under chapter 63 of this title, the Secretary may 
     provide for and facilitate the participation of personnel 
     employed by the Secretary to provide services under this 
     section in recreational programs that are--
       ``(1) designed to encourage the readjustment of veterans 
     described in subsection (a)(1)(C); and
       ``(2) operated by any organization named in or approved 
     under section 5902 of this title.''.

     SEC. 761. AUTHORITY FOR SECRETARY OF VETERANS AFFAIRS TO 
                   FURNISH MENTAL HEALTH CARE THROUGH FACILITIES 
                   OTHER THAN VET CENTERS TO IMMEDIATE FAMILY 
                   MEMBERS OF MEMBERS OF THE ARMED FORCES DEPLOYED 
                   IN CONNECTION WITH A CONTINGENCY OPERATION.

       (a) In General.--Subject to the availability of 
     appropriations and subsection (b), the Secretary of Veterans 
     Affairs, in addition to furnishing mental health care to 
     family members of members of the Armed Forces through Vet 
     Centers under section 1712A of title 38, United States Code, 
     may furnish mental health care to immediate family members of 
     members of the Armed Forces while such members are deployed 
     in connection with a contingency operation (as defined in 
     section 101 of title 10, United States Code) through 
     Department of Veterans Affairs medical facilities, telemental 
     health modalities, and such community, nonprofit, private, 
     and other third parties as the Secretary considers 
     appropriate.
       (b) Limitation.--The Secretary may furnish mental health 
     care under subsection (a) only to the extent that resources 
     and facilities are available and only to the extent that the 
     furnishing of such care does not interfere with the provision 
     of care to veterans.
       (c) No Eligibility for Travel Reimbursement.--A family 
     member to whom the Secretary furnishes mental health care 
     under subsection (a) shall not be eligible for payments or 
     allowances under section 111 of title 38, United States Code, 
     for such mental health care.
       (d) Sunset.--The authority to furnish medical health care 
     under subsection (a) shall expire on the date that is three 
     years after the date of the enactment of this Act.
       (e) Vet Center Defined.--In this section, the term ``Vet 
     Center'' has the meaning given the term in section 1712A(g) 
     of title 38, United States Code, as amended by section 760(3) 
     of this Act.

     SEC. 762. ORGANIZATION OF THE READJUSTMENT COUNSELING SERVICE 
                   IN DEPARTMENT OF VETERANS AFFAIRS.

       (a) In General.--Subchapter I of chapter 73 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 7309. Readjustment Counseling Service

       ``(a) In General.--There is in the Veterans Health 
     Administration a Readjustment Counseling Service. The 
     Readjustment Counseling Service shall provide readjustment 
     counseling and associated services to individuals in 
     accordance with section 1712A of this title.
       ``(b) Chief Officer.--(1) The head of the Readjustment 
     Counseling Service shall be the Chief Officer of the 
     Readjustment Counseling Service (in this section the `Chief 
     Officer'), who shall report directly to the Under Secretary 
     for Health.
       ``(2) The Chief Officer shall be appointed by the Under 
     Secretary for Health from among individuals who--
       ``(A)(i) are psychologists who hold a diploma as a 
     doctorate in clinical or counseling psychology from an 
     authority approved by the American Psychological Association 
     and who have successfully undergone an internship approved by 
     that association;

[[Page S7090]]

       ``(ii) are holders of a master in social work degree; or
       ``(iii) hold such other advanced degrees related to mental 
     health as the Secretary considers appropriate;
       ``(B) have at least three years of experience providing 
     direct counseling services or outreach services in the 
     Readjustment Counseling Service;
       ``(C) have at least three years of experience 
     administrating direct counseling services or outreach 
     services in the Readjustment Counseling Service;
       ``(D) meet the quality standards and requirements of the 
     Department; and
       ``(E) are veterans who served in combat as members of the 
     Armed Forces.
       ``(c) Structure.--(1) The Readjustment Counseling Service 
     is a distinct organizational element within Veterans Health 
     Administration.
       ``(2) The Readjustment Counseling Service shall provide 
     counseling and services as described in subsection (a).
       ``(3) The Chief Officer shall have direct authority over 
     all Readjustment Counseling Service staff and assets, 
     including Vet Centers.
       ``(d) Source of Funds.--(1) Amounts for the activities of 
     the Readjustment Counseling Service, including the operations 
     of its Vet Centers, shall be derived from amounts 
     appropriated for the Veterans Health Administration for 
     medical care.
       ``(2) Amounts for activities of the Readjustment Counseling 
     Service, including the operations of its Vet Centers, shall 
     not be allocated through the Veterans Equitable Resource 
     Allocation system.
       ``(3) In each budget request submitted for the Department 
     of Veterans Affairs by the President to Congress under 
     section 1105 of title 31, the budget request for the 
     Readjustment Counseling Service shall be listed separately.
       ``(e) Annual Report.--(1) Not later than March 15 of each 
     year, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the activities of the Readjustment Counseling Service during 
     the preceding calendar year.
       ``(2) Each report submitted under paragraph (1) shall 
     include, with respect to the period covered by the report, 
     the following:
       ``(A) A summary of the activities of the Readjustment 
     Counseling Service, including Vet Centers.
       ``(B) A description of the workload and additional 
     treatment capacity of the Vet Centers, including, for each 
     Vet Center, the ratio of the number of full-time equivalent 
     employees at such Vet Center and the number of individuals 
     who received services or assistance at such Vet Center.
       ``(C) A detailed analysis of demand for and unmet need for 
     readjustment counseling services and the Secretary's plan for 
     meeting such unmet need.
       ``(f) Vet Center Defined.--In this section, the term `Vet 
     Center' has the meaning given the term in section 1712A(g) of 
     this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 73 of such title is amended by inserting 
     after the item relating to section 7308 the following new 
     item:

``7309. Readjustment Counseling Service.''.
       (c) Conforming Amendments.--Section 7305 of such title is 
     amended--
       (1) by redesignating paragraph (7) as paragraph (8); and
       (2) by inserting after paragraph (6) the following new 
     paragraph (7):
       ``(7) A Readjustment Counseling Service.''.

     SEC. 763. RECRUITING MENTAL HEALTH PROVIDERS FOR FURNISHING 
                   OF MENTAL HEALTH SERVICES ON BEHALF OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS WITHOUT 
                   COMPENSATION FROM THE DEPARTMENT.

       (a) In General.--The Secretary of Veterans Affairs shall 
     carry out a national program of outreach to societies, 
     community organizations, nonprofit organizations, or 
     government entities in order to recruit mental health 
     providers, who meet the quality standards and requirements of 
     the Department of Veterans Affairs, to provide mental health 
     services for the Department on a part-time, without-
     compensation basis, under section 7405 of title 38, United 
     States Code.
       (b) Partnering With and Developing Community Entities and 
     Nonprofit Organizations.--In carrying out the program 
     required by subsection (a), the Secretary may partner with a 
     community entity or nonprofit organization or assist in the 
     development of a community entity or nonprofit organization, 
     including by entering into an agreement under section 8153 of 
     title 38, United States Code, that provides strategic 
     coordination of the societies, organizations, and government 
     entities described in subsection (a) in order to maximize the 
     availability and efficient delivery of mental health services 
     to veterans by such societies, organizations, and government 
     entities.
       (c) Military Culture Training.--In carrying out the program 
     required by subsection (a), the Secretary shall provide 
     training to mental health providers to ensure that clinicians 
     who provide mental health services as described in such 
     subsection have sufficient understanding of military- and 
     service-specific culture, combat experience, and other 
     factors that are unique to the experience of veterans who 
     served in Operation Enduring Freedom, Operating Iraqi 
     Freedom, or Operation New Dawn.

     SEC. 764. PEER SUPPORT.

       (a) Peer Support Counseling Program.--
       (1) Program required.--Paragraph (1) of section 1720F(j) of 
     title 38, United States Code, is amended in the matter before 
     subparagraph (A) by striking ``may'' and inserting ``shall''.
       (2) Training.--Paragraph (2) of such section is amended by 
     inserting after ``peer counselors'' the following: ``, 
     including training carried out under the national program of 
     training required by section 304(c) of the Caregivers and 
     Veterans Omnibus Health Services Act of 2010 (38 U.S.C. 1712A 
     note; Public Law 111-163)''.
       (3) Availability of program at department medical 
     centers.--Such section is amended by adding at the end the 
     following new paragraph:
       ``(3) In addition to other locations the Secretary 
     considers appropriate, the Secretary shall carry out the peer 
     support program under this subsection at each Department 
     medical center.''.
       (4) Deadline for commencement of program.--The Secretary of 
     Veterans Affairs shall ensure that the peer support 
     counseling program required by section 1720F(j) of title 38, 
     United States Code, as amended by this subsection, commences 
     at each Department of Veterans Affairs medical center not 
     later than 270 days after the date of the enactment of this 
     Act.
       (b) Peer Outreach and Peer Support Services at Department 
     Medical Centers Under Program on Readjustment and Mental 
     Health Care Services for Veterans Who Served in Operation 
     Enduring Freedom and Operation Iraqi Freedom.--
       (1) In general.--Section 304 of the Caregivers and Veterans 
     Omnibus Health Services Act of 2010 (38 U.S.C. 1712A note; 
     Public Law 111-163) is amended--
       (A) by redesignating subsection (e) as subsection (f); and
       (B) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e) Provision of Peer Outreach and Peer Support Services 
     at Department Medical Centers.--The Secretary shall carry out 
     the services required by subparagraphs (A) and (B) of 
     subsection (a)(1) at each Department medical center.''.
       (2) Deadline.--The Secretary of Veterans Affairs shall 
     commence carrying out the services required by subparagraphs 
     (A) and (B) of subsection (a)(1) of such section at each 
     Department of Veterans Affairs medical center, as required by 
     subsection (e) of such section (as added by paragraph (1)), 
     not later than 270 days after the date of the enactment of 
     this Act.
                                 ______
                                 
  SA 3100. Mr. JOHNSON of South Dakota 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. RECOGNITION AS CORPORATION AND GRANT OF FEDERAL 
                   CHARTER FOR NATIONAL AMERICAN INDIAN VETERANS, 
                   INCORPORATED.

       (a) In General.--Part B of subtitle II of title 36, United 
     States Code, is amended by inserting after chapter 1503 the 
     following new chapter:

    ``CHAPTER 1504--NATIONAL AMERICAN INDIAN VETERANS, INCORPORATED

``Sec
``150401. Organization
``150402. Purposes
``150403. Membership
``150404. Board of directors
``150405. Officers
``150406. Nondiscrimination
``150407. Powers
``150408. Exclusive right to name, seals, emblems, and badges
``150409. Restrictions
``150410. Duty to maintain tax-exempt status
``150411. Records and inspection
``150412. Service of process
``150413. Liability for acts of officers and agents
``150414. Failure to comply with requirements
``150415. Annual report

     ``Sec. 150401. Organization

       ``The National American Indian Veterans, Incorporated, a 
     nonprofit corporation organized in the United States (in this 
     chapter referred to as the `corporation'), is a federally 
     chartered corporation.

     ``Sec. 150402. Purposes

       ``The purposes of the corporation are those stated in its 
     articles of incorporation, constitution, and bylaws, and 
     include a commitment--
       ``(1) to uphold and defend the Constitution of the United 
     States while respecting the sovereignty of the American 
     Indian, Alaska Native, and Native Hawaiian Nations;
       ``(2) to unite under one body all American Indian, Alaska 
     Native, and Native Hawaiian veterans who served in the Armed 
     Forces of United States;
       ``(3) to be an advocate on behalf of all American Indian, 
     Alaska Native, and Native

[[Page S7091]]

     Hawaiian veterans without regard to whether they served 
     during times of peace, conflict, or war;
       ``(4) to promote social welfare (including educational, 
     economic, social, physical, cultural values, and traditional 
     healing) in the United States by encouraging the growth and 
     development, readjustment, self-respect, self-confidence, 
     contributions, and self-identity of American Indian veterans;
       ``(5) to serve as an advocate for the needs of American 
     Indian, Alaska Native, and Native Hawaiian veterans, their 
     families, or survivors in their dealings with all Federal and 
     State government agencies;
       ``(6) to promote, support, and utilize research, on a 
     nonpartisan basis, pertaining to the relationship between the 
     American Indian, Alaska Native, and Native Hawaiian veterans 
     and American society; and
       ``(7) to provide technical assistance to the 12 regional 
     areas without veterans committees or organizations and 
     programs by--
       ``(A) providing outreach service to those Tribes in need; 
     and
       ``(B) training and educating Tribal Veterans Service 
     Officers for those Tribes in need.

     ``Sec. 150403. Membership

       ``Subject to section 150406 of this title, eligibility for 
     membership in the corporation, and the rights and privileges 
     of members, shall be as provided in the constitution and by-
     laws of the corporation.

     ``Sec. 150404. Board of directors

       ``Subject to section 150406 of this title, the board of 
     directors of the corporation, and the responsibilities of the 
     board, shall be as provided in the constitution and bylaws of 
     the corporation and in conformity with the laws under which 
     the corporation is incorporated.

     ``Sec. 150405. Officers

       ``Subject to section 150406 of this title, the officers of 
     the corporation, and the election of such officers, shall be 
     as provided in the constitution and bylaws of the corporation 
     and in conformity with the laws of the jurisdiction under 
     which the corporation is incorporated.

     ``Sec. 150406. Nondiscrimination

       ``In establishing the conditions of membership in the 
     corporation, and in determining the requirements for serving 
     on the board of directors or as an officer of the 
     corporation, the corporation may not discriminate on the 
     basis of race, color, religion, sex, national origin, 
     handicap, or age.

     ``Sec. 150407. Powers

       ``The corporation shall have only those powers granted the 
     corporation through its articles of incorporation and its 
     constitution and bylaws which shall conform to the laws of 
     the jurisdiction under which the corporation is incorporated.

     ``Sec. 150408. Exclusive right to name, seals, emblems, and 
       badges

       ``(a) In General.--The corporation shall have the sole and 
     exclusive right to use the names `National American Indian 
     Veterans, Incorporated' and `National American Indian 
     Veterans', and such seals, emblems, and badges as the 
     corporation may lawfully adopt.
       ``(b) Construction.--Nothing in this section shall be 
     construed to interfere or conflict with established or vested 
     rights.

     ``Sec. 150409. Restrictions

       ``(a) Stock and Dividends.--The corporation shall have no 
     power to issue any shares of stock nor to declare or pay any 
     dividends.
       ``(b) Distribution of Income or Assets.--(1) No part of the 
     income or assets of the corporation shall inure to any person 
     who is a member, officer, or director of the corporation or 
     be distributed to any such person during the life of the 
     charter granted by this chapter.
       ``(2) Nothing in this subsection shall be construed to 
     prevent the payment of reasonable compensation to the 
     officers of the corporation, or reimbursement for actual and 
     necessary expenses, in amounts approved by the board of 
     directors.
       ``(c) Loans.--The corporation shall not make any loan to 
     any officer, director, member, or employee of the 
     corporation.
       ``(d) No Federal Endorsement.--The corporation shall not 
     claim congressional approval or Federal Government authority 
     by virtue of the charter granted by this chapter for any of 
     its activities.

     ``Sec. 150410. Duty to maintain tax-exempt status

       ``The corporation shall maintain its status as an 
     organization exempt from taxation as provided in the Internal 
     Revenue Code of 1986.

     ``Sec. 150411. Records and inspection

       ``(a) Records.--The corporation shall keep--
       ``(1) correct and complete books and records of accounts;
       ``(2) minutes of any proceeding of the corporation 
     involving any of its members, the board of directors, or any 
     committee having authority under the board of directors; and
       ``(3) at its principal office, a record of the names and 
     addresses of all members having the right to vote.
       ``(b) Inspection.--(1) All books and records of the 
     corporation may be inspected by any member having the right 
     to vote, or by any agent or attorney of such member, for any 
     proper purpose, at any reasonable time.
       ``(2) Nothing in this section shall be construed to 
     contravene the laws of the jurisdiction under which the 
     corporation is incorporated or the laws of those 
     jurisdictions within which the corporation carries on its 
     activities in furtherance of its purposes within the United 
     States and its territories.

     ``Sec. 150412. Service of process

       ``With respect to service of process, the corporation shall 
     comply with the laws of the jurisdiction under which the 
     corporation is incorporated and those jurisdictions within 
     which the corporation carries on its activities in 
     furtherance of its purposes within the United States and its 
     territories.

     ``Sec. 150413. Liability for acts of officers and agents

       ``The corporation shall be liable for the acts of the 
     officers and agents of the corporation when such individuals 
     act within the scope of their authority.

     ``Sec. 150414. Failure to comply with requirements

       ``If the corporation fails to comply with any of the 
     restrictions or provisions of this chapter, including the 
     requirement under section 150410 of this title to maintain 
     its status as an organization exempt from taxation, the 
     charter granted by this chapter shall expire.

     ``Sec. 150415. Annual report

       ``(a) In General.--The corporation shall report annually to 
     Congress concerning the activities of the corporation during 
     the preceding fiscal year.
       ``(b) Submittal Date.--Each annual report under this 
     section shall be submitted at the same time as the report of 
     the audit of the corporation required by section 10101(b) of 
     this title.
       ``(c) Report Not Public Document.--No annual report under 
     this section shall be printed as a public document.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of subtitle II of title 36, United States Code, is 
     amended by insert after the item relating to chapter 1503 the 
     following new item:

``1504. National American Indian Veterans, Incorporated...150401''.....

                                 ______
                                 
  SA 3101. Mr. JOHNSON of South Dakota 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 V, add the following:

     SEC. 505. APPOINTMENT AND GRADE OF CHIEF OF THE ARMY MEDICAL 
                   SPECIALIST CORPS.

       Section 3070(b) of title 10, United States Code, is 
     amended--
       (1) in the first sentence, by striking ``captain'' and 
     inserting ``lieutenant colonel''; and
       (2) by inserting after the first sentence the following new 
     sentence: ``An appointee who holds a lower regular grade 
     shall be appointed in the regular grade of brigadier 
     general.''.
                                 ______
                                 
  SA 3102. Ms. KLOBUCHAR (for herself 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:

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

     SEC. 544. RETENTION OF CERTAIN FORMS IN CONNECTION WITH 
                   RESTRICTED REPORTS ON SEXUAL ASSAULT INVOLVING 
                   MEMBERS OF THE ARMED FORCES.

       (a) Period of Retention.--The Secretary of Defense shall 
     ensure that all copies of Department of Defense Form 2910 and 
     Department of Defense Form 2911 filed in connection with a 
     Restricted Report on an incident of sexual assault involving 
     a member of the Armed Forces shall be retained for the longer 
     of--
       (1) 50 years commencing on the date of signature of the 
     member on Department of Defense Form 2910; or
       (2) the time provided for the retention of such forms in 
     connection with Unrestricted Reports on incidents of sexual 
     assault involving members of the Armed Forces under 
     Department of Defense Directive-Type Memorandum (DTM) 11-062, 
     entitled ``Document Retention in Cases of Restricted and 
     Unrestricted Reports of Sexual Assault'', or any successor 
     directive or policy.
       (b) Protection of Confidentiality.--Any Department of 
     Defense form retained under subsection (a) shall be retained 
     in a manner that protects the confidentiality of the member 
     of the Armed Forces concerned in accordance with procedures 
     for the protection of confidentiality of information in 
     Restricted Reports under Department of Defense memorandum 
     JTF-SAPR-009, relating to the Department of Defense policy on 
     confidentiality for victims of sexual assault, or any 
     successor policy or directive.

[[Page S7092]]

                                 ______
                                 
  SA 3103. Ms. KLOBUCHAR (for herself 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:

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

     SEC. 544. INCLUSION AND COMMAND REVIEW OF INFORMATION ON 
                   SEXUAL-RELATED OFFENSES IN PERSONNEL SERVICE 
                   RECORDS OF MEMBERS OF THE ARMED FORCES.

       (a) Information on Substantiated Reports on Sexual-related 
     Offenses.--
       (1) In general.--If a complaint of a sexual-related offense 
     is made against a member of the Armed Forces and the 
     complaint is substantiated, a notation to that effect shall 
     be placed in the personnel service record of the member, 
     regardless of the member's grade.
       (2) Purpose.--The purpose of the inclusion of information 
     in personnel service records under paragraph (1) is to alert 
     commanders to the members of their command who have received 
     courts-martial conviction, non-judicial punishment, or 
     administrative action for sexual-related offenses in order to 
     reduce the likelihood that repeat offenses will escape the 
     notice of commanders.
       (b) Limitation on Placement.--A notation under subsection 
     (a) may not be placed in the restricted section of the 
     personnel service record of a member.
       (c) Construction.--Nothing in subsection (a) or (b) may be 
     construed to prohibit or limit the capacity of a member of 
     the Armed Forces to challenge or appeal the placement of a 
     notation, or location of placement of a notation, in the 
     member's personnel service record in accordance with 
     procedures otherwise applicable to such challenges or 
     appeals.
       (d) Substantiated Complaints.--For purposes of implementing 
     this section, the Secretary of Defense shall use the 
     definition of substantiated developed for purposes of the 
     annual report on sexual assaults involving members of the 
     Armed Forces prepared under section 1631 of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 1561 note).
       (e) Command Review of History of Sexual-related Offenses of 
     Members Upon Assignment or Transfer to New Unit.--
       (1) Review required.--Under uniform regulations prescribed 
     by the Secretary of Defense, the commanding officer of a 
     facility, installation, or unit to which a member of the 
     Armed Forces described in paragraph (2) is permanently 
     assigned or transferred shall review the history of 
     substantiated sexual offenses of the member in order to 
     familiarize such officer with such history of the member.
       (2) Covered members.--A member of the Armed Forces 
     described in this paragraph is a member of the Armed Forces 
     who, at the time of assignment or transfer as described in 
     paragraph (1), has a history of one or more substantiated 
     sexual offenses as documented in the personnel service record 
     of such member or such other records or files as the 
     Secretary shall specify in the regulations prescribed under 
     paragraph (1).
                                 ______
                                 
  SA 3104. Ms. KLOBUCHAR (for herself 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:

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

     SEC. 544. ENHANCEMENT OF ANNUAL REPORTS REGARDING SEXUAL 
                   ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.

       (a) In General.--Section 1631(b) of the Ike Skelton 
     National Defense Authorization Act for Fiscal Year 2011 (10 
     U.S.C. 1561 note) is amended--
       (1) by striking paragraph (3) and inserting the following 
     new paragraph (3):
       ``(3) A synopsis of each such substantiated case, organized 
     by offense, and, for each such case, the action taken in such 
     case, including the following information:
       ``(A) The type of disciplinary or administrative sanction 
     imposed, if any, including courts-martial sentences, non-
     judicial punishments administered by commanding officers 
     pursuant to section 815 of title 10, United States Code 
     (article 15 of the Uniform Code of Military Justice), and 
     administrative separations.
       ``(B) A description of and rationale for the final 
     disposition and punishment, regardless of type of 
     disciplinary or administrative sanction imposed, including, 
     in a case in which an Article 32 investigating officer 
     recommended dismissal of the charges, an explicit statement 
     of the reasons for such recommendation.
       ``(C) The unit and location of service at which the 
     incident occurred.
       ``(D) Whether the accused was previously accused of a 
     substantiated sexual assault or sexual harassment.
       ``(E) Whether the accused was admitted to the Armed Forces 
     under a moral waiver granted with respect to prior sexual 
     misconduct.
       ``(F) Whether alcohol was involved in the incident.
       ``(G) If the member was administratively separated or, in 
     the case of an officer, allowed to resign in lieu of facing a 
     court-martial, the characterization given the service of the 
     member upon separation.''; and
       (2) by adding at the end the following new paragraphs
       ``(7) The number of applications submitted under section 
     673 of title 10, United States Code, during the year covered 
     by the report for a permanent change of station or unit 
     transfer for members of the Armed Forces on active duty who 
     are the victim of a sexual assault or related offense, the 
     number of applications denied, and, for each application 
     denied, a description of the reasons why such application was 
     denied.
       ``(8) An analysis and assessment of trends in the 
     incidence, disposition, and prosecution of sexual assaults by 
     commands and installations during the year covered by the 
     report, including trends relating to prevalence of incidents, 
     prosecution of incidents, and avoidance of incidents.
       ``(9) An assessment of the adequacy of sexual assault 
     prevention and response activities carried out by training 
     commands during the year covered by the report.
       ``(10) An analysis of the specific factors that may have 
     contributed to sexual assault during the year covered by the 
     report, including sexual harassment and substance abuse, an 
     assessment of the role of such factors in contributing to 
     sexual assaults during that year, and recommendations for 
     mechanisms to eliminate or reduce the incidence of such 
     factors or their contributions to sexual assaults.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     and shall apply beginning with the report required to be 
     submitted by March 1, 2013, under section 1631 of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 (as amended by subsection (a)).
                                 ______
                                 
  SA 3105. Ms. KLOBUCHAR (for herself 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:

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

     SEC. 544. PREVENTION AND RESPONSE TO SEXUAL HARASSMENT IN THE 
                   ARMED FORCES.

       (a) Comprehensive Policy Required.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Secretaries of the military departments 
     and the Equal Opportunity Office of the Department of 
     Defense, develop a comprehensive policy to prevent and 
     respond to sexual harassment in the Armed Forces. The policy 
     shall provide for the following:
       (A) Training for members of the Armed Forces on the 
     prevention of sexual harassment.
       (B) Mechanisms for reporting incidents of sexual harassment 
     in the Armed Forces, including procedures for reporting 
     anonymously.
       (C) Mechanisms for responding to and resolving incidents of 
     alleged sexual harassment incidences involving members of the 
     Armed Forces, including through the prosecution of offenders.
       (2) Report.--Not later than one year 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 
     required by paragraph (1).
       (b) Collection and Retention of Records on Disposition of 
     Reports of Sexual Harassment.--
       (1) Collection.--The Secretary of Defense shall require 
     that the Secretary of each military department establish a 
     record on the disposition of any report of sexual harassment, 
     whether such disposition is court martial, non-judicial 
     punishment, or other administrative action. The record of any 
     such disposition shall include the following, as appropriate:
       (A) Documentary information collected about the incident 
     reported.
       (B) Punishment imposed, including the sentencing by 
     judicial or non-judicial means including incarceration, 
     fines, restriction, and extra duty as a result of military 
     court-martial, Federal and local court and other sentencing, 
     or any other punishment imposed.
       (C) Reasons for the selection of the disposition and 
     punishments selected.
       (D) Administrative actions taken, if any.
       (E) Any pertinent referrals offered as a result of the 
     incident (such as drug and alcohol counseling and other types 
     of counseling or intervention).
       (2) Retention.--The Secretary of Defense shall require 
     that--

[[Page S7093]]

       (A) the records established pursuant to paragraph (1) be 
     retained by the Department of Defense for a period of not 
     less than 50 years; and
       (B) a copy of such records be maintained at a centralized 
     location for the same period as applies to retention of the 
     records under subparagraph (A).
       (c) Annual Report on Sexual Harassment Involving Members of 
     the Armed Forces.--
       (1) Annual report on sexual harassment.--Not later than 
     March 1, 2015, and each March 1 thereafter through March 1, 
     2018, the Secretary of each military department shall submit 
     to the Secretary of Defense a report on the sexual 
     harassments involving members of the Armed Forces under the 
     jurisdiction of such Secretary during the preceding year. 
     Each Secretary of a military department shall submit the 
     report on a year under this section at the same time as the 
     submittal of the annual report on sexual assaults during that 
     year under section 1631 of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (10 U.S.C. 1561 note). 
     In the case of the Secretary of the Navy, separate reports 
     shall be prepared under this section for the Navy and the 
     Marine Corps.
       (2) Contents.--The report of a Secretary of a military 
     department for an Armed Force under paragraph (1) shall 
     contain the following:
       (A) The number of sexual harassments committed against 
     members of the Armed Force that were reported to military 
     officials during the year covered by the report, and the 
     number of the cases so reported that were substantiated.
       (B) The number of sexual harassments committed by members 
     of the Armed Force that were reported to military officials 
     during the year covered by the report, and the number of the 
     cases so reported that were substantiated. The information 
     required by this subparagraph may not be combined with the 
     information required by subparagraph (A).
       (C) A synopsis of each such substantiated case and, for 
     each such case, the action taken in such case, including the 
     type of disciplinary or administrative sanction imposed, 
     section 815 of title 10, United States Code (article 15 of 
     the Uniform Code of Military Justice).
       (D) The policies, procedures, and processes implemented by 
     the Secretary during the year covered by the report in 
     response to incidents of sexual harassment involving members 
     of that Armed Force.
       (E) Any other matters relating to sexual harassment 
     involving members of the Armed Forces that the Secretary 
     considers appropriate.
                                 ______
                                 
  SA 3106. Ms. KLOBUCHAR (for herself 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:

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

     SEC. 544. POLICY OF THE UNITED STATES ON DISPOSITION OF 
                   CHARGES INVOLVING CERTAIN SEXUAL MISCONDUCT 
                   OFFENSES UNDER THE UNIFORM CODE OF MILITARY 
                   JUSTICE THROUGH COURTS-MARTIAL.

       (a) Statement of Policy.--It shall be the policy of the 
     United States that any charge regarding an offense specified 
     in subsection (b) should be disposed of by court-martial, 
     rather than by non-judicial punishment or administrative 
     action.
       (b) Covered Offenses.--An offense specified in this 
     subsection is any of the following offenses under chapter 47 
     of title 10, United States Code (the Uniform Code of Military 
     Justice):
       (1) Rape or sexual assault under subsection (a) or (b) of 
     section 920 of such chapter (article 120 of the Uniform Code 
     of Military Justice).
       (2) Forcible sodomy under section 925 of such chapter 
     (article 125 of the Uniform Code of Military Justice).
       (3) An attempt to commit an offense specified in paragraph 
     (1) or (2), as punishable under section 880 of such chapter 
     (article 80 of the Uniform Code of Military Justice).
       (c) Justification for Disposition Other Than by Court-
     martial.--In the case of any charge regarding an offense 
     specified in subsection (b) that is disposed of by non-
     judicial punishment or administrative action, rather than by 
     court-martial, the disposition authority for such case shall 
     include in the case file a justification for the disposition 
     of the charge by non-judicial punishment or administrative 
     action, rather than by court-martial.
                                 ______
                                 
  SA 3107. Mr. COBURN 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 III, add the following:

     SEC. 344. DISPOSAL OF SURPLUS OR EXCESS TANGIBLE PROPERTY OF 
                   THE DEPARTMENT OF DEFENSE SOLELY BY PUBLIC 
                   SALE.

       Notwithstanding any other provision of law, surplus or 
     excess tangible property of the Department of Defense shall 
     be disposed of solely by public sale.
                                 ______
                                 
  SA 3108. Mr. COBURN 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 IX, add the following:

     SEC. 903. INFORMATION FOR DEPUTY CHIEF MANAGEMENT OFFICER OF 
                   THE DEPARTMENT OF DEFENSE FROM THE MILITARY 
                   DEPARTMENTS AND DEFENSE AGENCIES FOR DEFENSE 
                   BUSINESS SYSTEM INVESTMENT REVIEWS.

       Section 2222(g) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(3)(A) The investment management process required by 
     paragraph (1) shall include requirements for the military 
     departments and the Defense Agencies to submit to the Deputy 
     Chief Management Officer such information on covered defense 
     business system programs as the Deputy Chief Management 
     Officer shall require for the review of defense business 
     system programs under the process. Such information shall be 
     submitted to the Deputy Chief Management Officer in a 
     standardized format established by the Deputy Chief 
     Management Officer for purposes of this paragraph.
       ``(B) If a military department or Defense Agency does not 
     submit to the Deputy Chief Management Officer information 
     requested by the Deputy Chief Management Office under 
     subparagraph (A) within 60 days of the date of such request 
     for such information under that subparagraph, or does not 
     submit such information in the standardized format 
     established pursuant to that subparagraph, the Secretary of 
     Defense may withhold funding for any new defense business 
     system, or any modernization of a current defense business 
     system, of the military department or Defense Agency 
     commencing as of the date that is 60 days after the date of 
     such request.''.
                                 ______
                                 
  SA 3109. Mr. COBURN 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. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS 
                   ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN 
                   PURPOSES.

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

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

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

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
                                 ______
                                 
  SA 3110. Mr. COBURN 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:


[[Page S7094]]


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

     SEC. 1005. REPORT ON BALANCES CARRIED FORWARD BY THE 
                   DEPARTMENT OF DEFENSE AT THE END OF FISCAL YEAR 
                   2012.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress, 
     and publish on the Internet website of the Department of 
     Defense available to the public, the following:
       (1) The total dollar amount of all balances carried forward 
     by the Department of Defense at the end of fiscal year 2012 
     by account.
       (2) The total dollar amount of all unobligated balances 
     carried forward by the Department of Defense at the end of 
     fiscal year 2012 by account.
       (3) The total dollar amount of any balances (both obligated 
     and unobligated) that have been carried forward by the 
     Department of Defense for five years or more as of the end of 
     fiscal year 2012 by account.
                                 ______
                                 
  SA 3111. Mr. COBURN (for himself and Mr. Manchin) 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--AUDIT OF DEPARTMENT OF DEFENSE FINANCIAL STATEMENTS

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Audit the Pentagon Act of 
     2012''.

     SEC. 1802. FINDINGS.

       Congress makes the following findings:
       (1) Section 9 of Article 1 of the Constitution of the 
     United States requires all agencies of the Federal 
     Government, including the Department of Defense, to publish 
     ``a regular statement and account of the receipts and 
     expenditures of all public money''.
       (2) Section 3515 of title 31, United States Code, requires 
     the agencies of the Federal Government, including the 
     Department of Defense, to present auditable financial 
     statements beginning not later than March 1, 1997. The 
     Department has not complied with this law.
       (3) The Federal Financial Management Improvement Act of 
     1996 (31 U.S.C. 3512 note) requires financial systems 
     acquired by the Federal Government, including the Department 
     of Defense, to be able to provide information to leaders to 
     manage and control the cost of government. The Department has 
     not complied with this law.
       (4) The financial management of the Department of Defense 
     has been on the ``High-Risk'' list of Government 
     Accountability Office, which means that the Department is not 
     consistently able to ``control costs; ensure basic 
     accountability; anticipate future costs and claims on the 
     budget; measure performance; maintain funds control; [and] 
     prevent and detect fraud, waste, and abuse''.
       (5) The National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107) requires the Secretary of Defense 
     to report to Congress annually on the reliability of the 
     financial statements of the Department of Defense, to 
     minimize resources spent on producing unreliable financial 
     statements, and to use resources saved to improve financial 
     management policies, procedures, and internal controls.
       (6) In 2005, the Department of Defense created a Financial 
     Improvement and Audit Readiness (FIAR) Plan, overseen by a 
     directorate within the office of the Under Secretary of 
     Defense (Comptroller), to improve Department business 
     processes with the goal of producing timely, reliable, and 
     accurate financial information that could generate an audit-
     ready annual financial statement. In December 2005, that 
     directorate, known as the FIAR Directorate, issued the first 
     of a series of semiannual reports on the status of the 
     Financial Improvement and Audit Readiness Plan.
       (7) The National Defense Authorization Act for Fiscal Year 
     2010 (Public Law 111-84) requires regular status reports on 
     the Financial Improvement and Audit Readiness Plan described 
     in paragraph (6), and codified as a statutory requirement the 
     goal of the Plan in ensuring that Department of Defense 
     financial statements are validated as ready for audit not 
     later than September 30, 2017.
       (8) At a September 2010 hearing of the Senate, the 
     Government Accountability Office stated that past 
     expenditures by the Department of Defense of $5,800,000,000 
     to improve financial information, and billions of dollars 
     more of anticipated expenditures on new information 
     technology systems for that purpose, may not suffice to 
     achieve full audit readiness of the financial statement of 
     the Department. At that hearing, the Government 
     Accountability Office could not predict when the Department 
     would achieve full audit readiness of such statements.

     SEC. 1803. AUDIT READINESS OF THE FINANCIAL STATEMENTS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Inclusion of Statement of Budget Resources Within FIAR 
     Plan.--Subsection (a)(2)(A) of section 1003 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2439; 10 U.S.C. 2222 note) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) by redesignating clause (ii) as clause (iv); and
       (3) by inserting after clause (i) the following new 
     clauses:
       ``(ii) ensuring that a complete and validated statement of 
     budgetary resources of the Department of Defense is ready by 
     not later than September 30, 2014;
       ``(iii) ensuring that the full set of consolidated 
     financial statements of the Department for the fiscal year 
     ending September 30, 2017, and each fiscal year thereafter, 
     are ready in a timely manner and in preparation for an audit, 
     including submitting the reports not later than November 15, 
     2017, and each year thereafter, in order to seek an audit 
     opinion on its financial statements; and''.
       (b) Definition of Validated as Ready for Audit.--Such 
     section is further amended by adding at the end the following 
     new subsection:
       ``(d) Validated as Ready for Audit Defined.--In this 
     section, the term `validated as ready for audit' means the 
     following:
       ``(1) In the case of the financial statements of a military 
     department, that the audit agencies of the military 
     department have reviewed such statements and determined, in 
     writing, that such statements are ready for audit.
       ``(2) In the case of the financial statements of a Defense 
     Agency, that the audit agencies of the Defense Agency have 
     reviewed such statements and determined, in writing, that 
     such statements are ready for audit.''.

     SEC. 1804. CESSATION OF APPLICABILITY OF REPORTING 
                   REQUIREMENTS REGARDING THE FINANCIAL STATEMENTS 
                   OF THE DEPARTMENT OF DEFENSE.

       (a) Cessation of Applicability.--
       (1) Military departments.--The financial statements of a 
     military department shall cease to be covered by the 
     reporting requirements specified in subsection (b) upon the 
     issuance of an unqualified audit opinion on such financial 
     statements.
       (2) Department of defense.--The reporting requirements 
     specified in subsection (b) shall cease to be effective when 
     an unqualified audit opinion is issued on the financial 
     statements of the Department of Defense, including each of 
     the military departments and the Defense Agencies.
       (b) Reporting Requirements.--The reporting requirements 
     specified in this subsection are the following:
       (1) The requirement for semi-annual reports in section 
     1003(b) of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 2440; 10 U.S.C. 2222 
     note).
       (2) The requirement for annual reports in section 1008(a) 
     of the National Defense Authorization Act for Fiscal Year 
     2002 (Public Law 107-107; 115 Stat. 1204; 10 U.S.C. 113 
     note).

     SEC. 1805. REPORT ON DEPARTMENT OF DEFENSE REPORTING 
                   REQUIREMENTS MADE OBSOLETE BY OR AFFECTING 
                   AUDITS WITH UNQUALIFIED OPINIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary of Defense (Comptroller) shall 
     submit to Congress a report setting forth the following:
       (1) A list of each report of the Department of Defense 
     required by law to be submitted to Congress which, in the 
     opinion of the Under Secretary, would no longer be necessary 
     if the financial statements of the Department of Defense were 
     audited with an unqualified opinion.
       (2) A list of each report of the Department required by law 
     to be submitted to Congress which, in the opinion of the 
     Under Secretary, interferes with the capacity of the 
     Department to achieve an audit of the financial statements of 
     the Department with an unqualified opinion.

     SEC. 1806. ENHANCED REPROGRAMMING AUTHORITY FOLLOWING 
                   ACHIEVEMENT BY MILITARY DEPARTMENTS OF AUDIT 
                   WITH UNQUALIFIED OPINION OF STATEMENT OF 
                   BUDGETARY RESOURCES FOR FISCAL YEARS AFTER 
                   FISCAL YEAR 2013.

       (a) In General.--Subject to section 1809(a)(1), if a 
     military department obtains an audit with an unqualified 
     opinion on its statement of budgetary resources for any 
     fiscal year after fiscal year 2013, the thresholds for 
     reprogramming of funds without prior notice to Congress for 
     the succeeding fiscal year shall be deemed to be the 
     thresholds as follows:
       (1) In the case of an increase or decrease to the program 
     base amount for a procurement program, $60,000,000.
       (2) In the case of an increase or decrease to the program 
     base amount for a research program, $30,000,000.
       (3) In the case of an increase or decrease to the amount 
     for a budget activity for operation and maintenance, 
     $45,000,000.
       (4) In the case of an increase or decrease to the amount 
     for a budget activity for military personnel, $30,000,000.
       (b) Construction.--Nothing in this section shall be 
     construed to alter or revise any requirement (other than a 
     threshold amount) for notice to Congress on reprogrammings 
     covered by subsection (a) under any other provision of law.
       (c) Definitions.--In this section, the terms ``program base 
     amount'', ``procurement program'', ``research program'', and 
     ``budget activity'' have the meanings given such terms

[[Page S7095]]

     in chapter 6 of volume 3 of the Financial Management 
     Regulation of the Department of Defense (DoD 7000.14R), dated 
     March 2011, or any successor document.

     SEC. 1807. AVAILABILITY OF EXPIRING FUNDS FOLLOWING 
                   ACHIEVEMENT BY MILITARY DEPARTMENTS OF AUDIT 
                   WITH UNQUALIFIED OPINION OF STATEMENT OF 
                   BUDGETARY RESOURCES FOR FISCAL YEARS AFTER 
                   FISCAL YEAR 2013.

       (a) In General.--Subject to section 1809(a)(1), if a 
     military department obtains an audit with an unqualified 
     opinion on its statement of budgetary resources for a fiscal 
     year after fiscal year 2013 (in this section referred to as a 
     ``covered fiscal year''), the amount described in subsection 
     (b) shall be available for the purposes specified in 
     subsection (c) at the end of such covered fiscal year without 
     fiscal year limitation.
       (b) Available Amount.--The amount described in this 
     subsection is the amount equal to five percent of the 
     aggregate amount of unobligated appropriations available to 
     the military department concerned for a covered fiscal year 
     that would otherwise expire at the end of such covered fiscal 
     year by law.
       (c) Purposes.--
       (1) In general.--Except as provided in paragraph (2) and 
     subject to paragraph (3), amounts available under subsection 
     (a) shall, at the election of the Secretary of the military 
     department concerned, be available for purposes as follows:
       (A) Payment in accordance with applicable law of bonuses 
     authorized by law (including awards authorized by subchapter 
     I of chapter 45 of title 5, United States Code) for civilian 
     employees of the military department, including employees 
     determined to have made beneficial contributions to the 
     achievement of the mission of the military department.
       (B) Procurement of weapons and weapon systems.
       (C) Military education and training programs and activities 
     of the military department.
       (2) Exclusion.--Amounts available under subsection (a) 
     shall not be available for purposes as follows:
       (A) Research, development, test, and evaluation.
       (B) Military construction.
       (3) Limitations on bonuses.--
       (A) Limitation on bonus amount.--The amount of the bonus 
     payable to a civilian employee of a military department under 
     paragraph (1)(A) in any year may not exceed the amount equal 
     to 25 percent of the base pay of the employee in such year.
       (B) Limitation on aggregate amount of bonuses.--The total 
     amount of bonuses payable to civilian employees of a military 
     department under paragraph (1)(A) in any year may not exceed 
     $5,000,000.
       (C) Construction.--Nothing in paragraph (1)(A) may be 
     construed to authorize or provide for the payment of a bonus 
     to an officer or employee of a contractor of the Department 
     of Defense.
       (d) Transfers.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of a military department may transfer 
     amounts described in subsection (b) that are available under 
     subsection (a) among accounts of the military department for 
     purposes of exercising the authority in subsection (a) with 
     respect to such amounts. Amounts so transferred shall be 
     merged with amounts in the account or fund to which 
     transferred and shall be available under the same terms and 
     conditions as the amounts with which merged for the purposes 
     specified in subsection (c).
       (2) No new appropriation.--A transfer under paragraph (1) 
     shall not be treated as a new appropriation of the amount so 
     transferred.
       (e) Reports.--
       (1) Annual reports.--The Secretary of Defense shall submit 
     to Congress each year (at the same time the budget of the 
     President for a fiscal year is submitted to Congress in such 
     year pursuant to section 1105 of title 31, United States 
     Code) a report on the exercise of the authority under this 
     section during the previous fiscal year. Each report under 
     this subsection shall include, for the fiscal year covered by 
     such report, the following:
       (A) The amounts transferred under subsection (d), including 
     the total amount transferred and the amounts transferred to 
     each account to which transferred.
       (B) The purposes, and amounts, for which amounts 
     transferred were used.
       (2) Notice on procurement.--Not later than 30 days before 
     using amounts available under subsection (a) for the 
     procurement of weapons or a weapon system, the Secretary of 
     the military department concerned shall submit to Congress a 
     report, in writing, on the use of such amounts for that 
     purpose. Each report shall include a statement of the weapons 
     or weapon system to be procured and the amount to be used for 
     such procurement.

     SEC. 1808. FAILURE TO OBTAIN AUDITS WITH UNQUALIFIED OPINION 
                   OF FISCAL YEAR 2014 STATEMENT OF BUDGETARY 
                   RESOURCES OF THE DEPARTMENT OF DEFENSE.

       (a) In General.--If the Department of Defense fails to 
     obtain an audit with an unqualified opinion on its statement 
     of budgetary resources for fiscal year 2014, the following 
     shall take effect, effective as of the date of the issuance 
     of the opinion on such audit:
       (1) Additional qualifications and duties of usd 
     (comptroller).--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Under Secretary of Defense 
     (Comptroller) under section 135 of title 10, United States 
     Code, shall be an individual who has served--
       (i) as the chief financial officer of a Federal or State 
     agency that has received an audit with an unqualified opinion 
     on such agency's financial statements during the time of such 
     individual's service; or
       (ii) as the chief financial officer of a public company 
     that has received an audit with an unqualified opinion on 
     such company's financial statements during the time of such 
     individual's service.
       (B) Duties and powers.--The duties and powers of the 
     individual serving as Under Secretary of Defense 
     (Comptroller) shall include, in addition to the duties and 
     powers specified in section 135(c) of title 10, United States 
     Code, such duties and powers with respect to the financial 
     management of the Department of Defense as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (2) Additional qualifications and responsibilities of asa 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the 
     Army for Financial Management under section 3016 of title 10, 
     United States Code, shall be an individual who has served--
       (i) as the chief financial officer of a Federal or State 
     agency that has received an audit with an unqualified opinion 
     on such agency's financial statements during the time of such 
     individual's service; or
       (ii) as the chief financial officer of a public company 
     that has received an audit with an unqualified opinion on 
     such company's financial statements during the time of such 
     individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Army for 
     Financial Management shall include, in addition to the 
     responsibilities specified in section 3016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (3) Additional qualifications and responsibilities of asn 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the 
     Navy for Financial Management under section 5016 of title 10, 
     United States Code, shall be an individual who has served--
       (i) as the chief financial officer of a Federal or State 
     agency that has received an audit with an unqualified opinion 
     on such agency's financial statements during the time of such 
     individual's service; or
       (ii) as the chief financial officer of a public company 
     that has received an audit with an unqualified opinion on 
     such company's financial statements during the time of such 
     individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Navy for 
     Financial Management shall include, in addition to the 
     responsibilities specified in section 5016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (4) Additional qualifications and responsibilities of asaf 
     for financial management.--
       (A) Qualifications.--Any individual nominated for 
     appointment to the position of Assistant Secretary of the Air 
     Force for Financial Management under section 8016 of title 
     10, United States Code, shall be an individual who has 
     served--
       (i) as the chief financial officer of a Federal or State 
     agency that has received an audit with an unqualified opinion 
     on such agency's financial statements during the time of such 
     individual's service; or
       (ii) as the chief financial officer of a public company 
     that has received an audit with an unqualified opinion on 
     such company's financial statements during the time of such 
     individual's service.
       (B) Responsibilities.--The responsibilities of the 
     individual serving as Assistant Secretary of the Air Force 
     for Financial Management shall include, in addition to the 
     responsibilities specified in section 8016(b)(4) of title 10, 
     United States Code, such responsibilities as the Deputy 
     Secretary of Defense (acting in the capacity of Chief 
     Management Officer of the Department of Defense) or a 
     successor official in the Department of Defense (acting in 
     such capacity) may prescribe.
       (b) Public Company Defined.--In this section, the term 
     ``public company'' has the meaning given the term ``issuer'' 
     in section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 
     U.S.C. 7201(a)(7)).

     SEC. 1809. FAILURE TO OBTAIN AUDITS WITH UNQUALIFIED OPINION 
                   OF FISCAL YEAR 2017 FINANCIAL STATEMENTS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Military Departments.--

[[Page S7096]]

       (1) Cessation of authorities on reprogramming and 
     availability of funds.--If a military department fails to 
     obtain an audit with an unqualified opinion on its financial 
     statements for fiscal year 2017, effective as of the date of 
     the issuance of the opinion on such audit, the authorities in 
     sections 1806 and 1807 shall cease to be available to the 
     military department for fiscal year 2017 or any fiscal year 
     thereafter.
       (2) Prohibition on expenditure of funds for certain mdaps 
     past milestone b.--
       (A) Prohibition.--If a military department fails to obtain 
     an audit with an unqualified opinion on its financial 
     statements for fiscal year 2017, effective as of the date of 
     the issuance of the opinion on such audit, amounts may not be 
     expended by the military department for a weapon or weapon 
     system or platform being acquired as a major defense 
     acquisition program for any activity beyond Milestone B 
     approval unless such program has already achieved Milestone B 
     approval of the date of the issuance of the opinion on such 
     audit.
       (B) Definitions.--In this paragraph:
       (i) The term ``major defense acquisition program'' has the 
     meaning given that term in section 2430 of title 10, United 
     States Code.
       (ii) The term ``Milestone B approval'' has the meaning 
     given that term in section 2366(e)(7) of title 10, United 
     States Code.
       (b) Department of Defense.--If the Department of Defense 
     fails to obtain an audit with an unqualified opinion on its 
     financial statements for fiscal year 2017, the following 
     shall take effect, effective as of the date of the issuance 
     of the opinion on such audit:
       (1) Reorganization of responsibilities of chief management 
     officer.--
       (A) Position of chief management officer.--Section 132a of 
     title 10, United States Code, is amended to read as follows:

     ``Sec. 132a. Chief Management Officer

       ``(a) In General.--(1) There is a Chief Management Officer 
     of the Department of Defense, appointed from civilian life by 
     the President, by and with the advice and consent of the 
     Senate.
       ``(2) Any individual nominated for appointment as Chief 
     Management Officer shall be an individual who has--
       ``(A) extensive executive level leadership and management 
     experience in the public or private sector;
       ``(B) strong leadership skills;
       ``(C) a demonstrated ability to manage large and complex 
     organizations; and
       ``(D) a proven record in achieving positive operational 
     results.
       ``(b) Powers and Duties.--The Chief Management Officer 
     shall perform such duties and exercise such powers as the 
     Secretary of Defense may prescribe.
       ``(c) Service as Chief Management Officer.--(1) The Chief 
     Management Officer is the Chief Management Officer of the 
     Department of Defense.
       ``(2) In serving as the Chief Management Officer of the 
     Department of Defense, the Chief Management Officer shall be 
     responsible for the management and administration of the 
     Department of Defense with respect to the following:
       ``(A) The expenditure of funds, accounting, and finance.
       ``(B) Procurement, including procurement of any enterprise 
     resource planning (ERP) system and any information technology 
     (IT) system that is a financial feeder system, human 
     resources system, or logistics system.
       ``(C) Facilities, property, nonmilitary equipment, and 
     other resources.
       ``(D) Strategic planning, and annual performance planning. 
     and identification and tracking of performance measures.
       ``(E) Internal audits and management analyses of the 
     programs and activities of the Department, including the 
     Defense Contract Audit Agency.
       ``(F) Such other areas or matters as the Secretary of 
     Defense may designate.
       ``(3) The head of the Defense Contract Audit Agency shall 
     be under the supervision of, and shall report directly to, 
     the Chief Management Officer.
       ``(d) Precedence.--The Chief Management Officer takes 
     precedence in the Department of Defense after the Secretary 
     of Defense and the Deputy Secretary of Defense.''.
       (B) Conforming amendments.--
       (i) Section 131(b) of title 10, United States Code, is 
     amended--

       (I) by striking paragraph (3);
       (II) by redesignating paragraph (2) as paragraph (3); and
       (III) by inserting after paragraph (1) the following new 
     paragraph (2):

       ``(2) The Chief Management Officer of the Department of 
     Defense.''.
       (ii) Section 132 of such title is amended--

       (I) by striking subsection (c); and
       (II) by redesignating subsections (d) and (e) as 
     subsections (c) and (d), respectively.

       (iii) Section 133(e)(1) of such title is amended by 
     striking ``and the Deputy Secretary of Defense'' and 
     inserting ``, the Deputy Secretary of Defense, and the Chief 
     Management Officer of the Department of Defense''.
       (iv) Such title is further amended by inserting ``the Chief 
     Management Officer of the Department of Defense,'' after 
     ``the Deputy Secretary of Defense,'' each place it appears in 
     the provisions as follows:

       (I) Section 133(e)(2).
       (II) Section 134(c).

       (v) Section 137a(d) of such title is amended by striking 
     ``the Secretaries of the military departments,'' and all that 
     follows and inserting ``the Chief Management Officer of the 
     Department of Defense, the Secretaries of the military 
     departments, and the Under Secretaries of Defense.''.
       (vi) Section 138(d) of such title is amended by striking 
     ``the Secretaries of the military departments,'' and all that 
     follows through the period and inserting ``the Chief 
     Management Officer of the Department of Defense, the 
     Secretaries of the military departments, the Under 
     Secretaries of Defense, and the Director of Defense Research 
     and Engineering.''.
       (C) Clerical amendment.--The table of sections at the 
     beginning of chapter 4 of such title is amended by striking 
     the item relating to section 132a and inserting the following 
     new item:

``132a. Chief Management Officer.''.
       (D) Executive schedule.--Section 5313 of title 5, United 
     States Code, is amended by adding at the end the following:
       ``Chief Management Officer of the Department of Defense.''.
       (E) Reference in law.--Any reference in any provision of 
     law to the Chief Management Officer of the Department of 
     Defense shall be deemed to refer to the Chief Management 
     Officer of the Department of Defense under section 132a of 
     title 10, United States Code (as amended by this paragraph).
       (2) Jurisdiction of dfas.--
       (A) Transfer to department of treasury.--Jurisdiction of 
     the Defense Finance and Accounting Service (DFAS) is 
     transferred from the Department of Defense to the Department 
     of the Treasury.
       (B) Administration.--The Secretary of the Treasury shall 
     administer the Defense Finance and Accounting Service 
     following transfer under this paragraph through the Financial 
     Management Service of the Department of Treasury.
       (C) Memorandum of understanding.--The Secretary of Defense 
     and the Secretary of the Treasury shall jointly enter into a 
     memorandum of understanding regarding the transfer of 
     jurisdiction of the Defense Finance and Accounting Service 
     under this paragraph. The memorandum of understanding shall 
     provide for the transfer of the personnel and other resources 
     of the Service to the Department of the Treasury and for the 
     assumption of responsibility for such personnel and resources 
     by the Department of the Treasury.
       (D) Construction.--Nothing in this paragraph shall be 
     construed as terminating, altering, or revising any 
     responsibilities or authorities of the Defense Finance and 
     Accounting Service (other than responsibilities and 
     authorities in connection with the exercise of jurisdiction 
     of the Service following transfer under this paragraph).

     SEC. 1810. ENTERPRISE RESOURCE PLANNING.

       The Secretary of Defense shall amend the acquisition 
     guidance of the Department of Defense to provide for the 
     following:
       (1) The Defense Business System Management Committee may 
     not approve procurement of any Enterprise Resource Planning 
     (ERP) business system that is independently estimated to take 
     longer than three years to procure from initial obligation of 
     funds to full deployment and sustainment.
       (2) Any contract for the acquisition of an Enterprise 
     Resource Planning business system shall include a provision 
     authorizing termination of the contract at no cost to the 
     Government if procurement of the system takes longer than 
     three years from initial obligation of funds to full 
     deployment and sustainment.
       (3) The Deputy Secretary of Defense (acting in the capacity 
     of Chief Management Officer of the Department of Defense) or 
     a successor official in the Department of Defense (acting in 
     such capacity) shall have the authority to replace any 
     program manager (whether in a military department or a 
     Defense Agency) for the procurement of an Enterprise Resource 
     Planning business system if procurement of the system takes 
     longer than three years from initial obligation of funds to 
     full deployment and sustainment.
       (4) Any integrator contract for the implementation of an 
     Enterprise Resource Planning business system shall only be 
     awarded to companies that have a history of successful 
     implementation of other Enterprise Resource Planning business 
     systems for the Federal Government (whether with the 
     Department of Defense or another department or agency of the 
     Federal Government), including meeting cost and schedule 
     goals.
                                 ______
                                 
  SA 3112. Mr. BROWN of Ohio (for himself and Mr. Boozman) 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. INCLUSION OF DEPARTMENT OF VETERANS AFFAIRS IN 
                   VISION CENTER OF EXCELLENCE IN THE PREVENTION, 
                   DIAGNOSIS, MITIGATION, TREATMENT, AND 
                   REHABILITATION OF MILITARY EYE INJURIES.

       (a) In General.--Subsection (a) of section 1623 of the 
     Wounded Warrior Act (title XVI of Public Law 110-181; 10 
     U.S.C. 1071 note) is amended by striking ``shall establish 
     within the Department of Defense'' and inserting

[[Page S7097]]

     ``and the Secretary of Veterans Affairs shall jointly provide 
     for''.
       (b) Partnerships.--Subsection (b) of such section is 
     amended by striking ``Secretary shall ensure that the center 
     collaborates to the maximum extent practicable with the 
     Secretary of Veterans Affairs,'' and inserting ``Secretary of 
     Defense and the Secretary of Veterans Affairs shall jointly 
     ensure that the center collaborates to the maximum extent 
     practicable with the Department of Defense, the Department of 
     Veterans Affairs,''.
       (c) Responsibilities.--Subsection (c) of such section is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A) by striking ``, as developed by the 
     Secretary of Defense,'' and inserting ``and the Department of 
     Veterans Affairs'';
       (B) by inserting ``the Secretary of Defense and'' before 
     ``the Secretary of Veterans Affairs'' each place it appears; 
     and
       (C) in subparagraph (C), by striking ``the Veterans Health 
     Administration'' and inserting ``the Department of Defense or 
     the Department of Veterans Affairs''; and
       (2) in paragraph (2), by striking `` `Military Eye Injury 
     Registry' '' and inserting `` `Defense and Veterans Eye 
     Injury Registry' ''.
       (d) Inclusion of Certain Records in Registry.--Subsection 
     (e) of such section is amended by striking ``the Secretary 
     considers'' and inserting ``the Secretary of Defense and the 
     Secretary of Veterans Affairs jointly consider''.
                                 ______
                                 
  SA 3113. Mr. BROWN of Ohio 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. SMALL BUSINESS HUBZONES.

       (a) Definition.--In this section, the term ``covered base 
     closure area'' means a base closure area that, on or before 
     the date of enactment of this Act, was treated as a HUBZone 
     for purposes of the Small Business Act (15 U.S.C. 631 et 
     seq.) pursuant to section 152(a)(2) of the Small Business 
     Reauthorization and Manufacturing Assistance Act of 2004 (15 
     U.S.C. 632 note).
       (b) Treatment as HUBZone.--A covered base closure area 
     shall be treated as a HUBZone for purposes of the Small 
     Business Act (15 U.S.C. 631 et seq.) during the 5-year period 
     beginning on the date of enactment of this Act.
                                 ______
                                 
  SA 3114. Mr. LEVIN 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 XII, add the following:

     SEC. 1246. PROGRAM ON REPAIR, OVERHAUL, AND REFURBISHMENT OF 
                   DEFENSE ARTICLES FOR SALE OR TRANSFER TO 
                   ELIGIBLE FOREIGN COUNTRIES AND ENTITIES.

       (a) Program Authorized.--The Secretary of Defense may carry 
     out a program to repair, overhaul, or refurbish in-stock 
     defense articles in anticipation of the sale or transfer of 
     such defense articles to eligible foreign countries or 
     international organizations under law.
       (b) Fund for Support of Program Authorized.--The Secretary 
     of Defense may establish and administer a fund to be known as 
     the ``Special Defense Repair Fund'' (in this section referred 
     to as the ``Fund'') to support the program authorized by 
     subsection (a).
       (c) Credits to Fund.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     following shall be credited to the Fund:
       (A) Subject to applicable provisions of appropriations 
     Acts, such amounts, not to exceed $48,400,000 per fiscal 
     year, from amounts authorized to be appropriated for the 
     Department of Defense for operation and maintenance for the 
     Army as the Secretary of Defense considers appropriate.
       (B) Notwithstanding section 114(c) of title 10, United 
     States Code, any collection from the sale or transfer of 
     defense articles from Department of Defense stocks repaired, 
     overhauled, or refurbished with amounts from the Fund that 
     are not intended to be replaced which sale or transfer is 
     made pursuant to section 21(a)(1)(A) of the Arms Export 
     Control Act (22 U.S.C. 2761(a)(1)(A)), the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), or another provision of 
     law.
       (C) Notwithstanding section 37(a) of the Arms Export 
     Control Act (22 U.S.C. 2777(a)), any cash payment from the 
     sale or transfer of defense articles from Department of 
     Defense stocks repaired, overhauled, or refurbished with 
     amounts from the Fund that are intended to be replaced.
       (2) Limitation on amounts creditable from sale or transfer 
     of articles.--
       (A) Credits in connection with articles not to be 
     replaced.--The amount credited to the Fund under paragraph 
     (1)(B) in connection with a collection from the sale or 
     transfer of defense articles may not exceed the cost incurred 
     by the Department of Defense in repairing, overhauling, or 
     refurbishing such defense articles under the program 
     authorized by subsection (a).
       (B) Credits in connection with articles to be replaced.--
     The amount credited to the Fund under paragraph (1)(C) in 
     connection with a sale or transfer of defense articles may 
     not exceed the amounts from the Fund used to repair, 
     overhaul, or refurbish such defense articles.
       (3) Limitation on size of fund.--The total amount in the 
     Fund at any time may not exceed $50,000,000.
       (4) Treatment of amounts credited.--Amounts credited to the 
     Fund under this subsection shall be merged with amounts in 
     the Fund, and shall remain available until expended.
       (d) Nonavailability of Amounts in Fund for Storage, 
     Maintenance, and Related Costs.--Following the repair, 
     overhaul, or refurbishment of defense articles under the 
     program authorized by subsection (a), amounts in the Fund may 
     not be used to pay costs of storage and maintenance of such 
     defense articles or any other costs associated with the 
     preservation or preparation for sale or transfer of such 
     defense articles.
       (e) Sales or Transfers of Defense Articles.--
       (1) In general.--Any sale or transfer of defense articles 
     repaired, overhauled, or refurbished under the program 
     authorized by subsection (a) shall be in accordance with--
       (A) the Arms Export Control Act (22 U.S.C. 2751 et seq.);
       (B) the Foreign Assistance Act of 1961; or
       (C) another provision of law authorizing such sale or 
     transfer.
       (2) Secretary of state concurrence required for certain 
     sales or transfers to foreign countries.--If the sale or 
     transfer of defense articles occurs in accordance with a 
     provision of law referred to in paragraph (1)(C) that does 
     not otherwise require the concurrence of the Secretary of 
     State for the sale or transfer, the sale or transfer may be 
     made only with the concurrence of the Secretary of State.
       (f) Transfers of Amounts.--
       (1) Transfer to other department of defense accounts.--
     Amounts in the Fund may be transferred to any Department of 
     Defense account used to carry out the program authorized by 
     subsection (a). Any amount so transferred shall be merged 
     with amounts in the account to which transferred, and shall 
     be available for the same purposes and the same time period 
     as amounts in the account to which transferred.
       (2) Transfer from other department of defense accounts.--
     Upon a determination by the Secretary of Defense with respect 
     to an amount transferred under paragraph (1) that all or part 
     of such transfer is not necessary for the purposes 
     transferred, such amount may be transferred back to the Fund. 
     Any amount so transferred shall be merged with amounts in the 
     Fund, and shall remain available until expended.
       (g) Certain Excess Proceeds To Be Credited to Special 
     Defense Acquisition Fund.--Any collection from the sale or 
     transfer of defense articles that are not intended to be 
     replaced in excess of the amount creditable to the Fund under 
     subsection (c)(2)(A) shall be credited to the Special Defense 
     Acquisition Fund established pursuant to chapter 5 of the 
     Arms Export Control Act (22 U.S.C. 2795 et seq.).
       (h) Reports.--
       (1) Annual report.--Not later than 45 days after the end of 
     each fiscal year through the date of expiration specified in 
     subsection (j), the Secretary of Defense shall submit to the 
     congressional defense committees a report on the authorities 
     under this section during such fiscal year. Each report shall 
     include, for the fiscal year covered by such report, the 
     following:
       (A) The types and quantities of defense articles repaired, 
     overhauled, or refurbished under the program authorized by 
     subsection (a).
       (B) The value of the repair, overhaul, or refurbishment 
     performed under the program.
       (C) The amount of operation and maintenance funds credited 
     to the Fund under subsection (c)(1)(A).
       (D) The amount of any collections from the sale or transfer 
     of defense articles repaired, overhauled, or refurbished 
     under the program that was credited to the Fund under 
     subsection (c)(1)(B).
       (E) The amount of any cash payments from the sale or 
     transfer of defense articles repaired, overhauled, or 
     refurbished under the program that was credited to the Fund 
     under subsection (c)(1)(C).
       (2) Assessment report.--Not later than February 1, 2015, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report on the operation of the 
     authorities in this section. The report shall include an 
     assessment of the effectiveness of the authorities in meeting 
     the objectives of the program authorized by subsection (a).
       (i) Defense Article Defined.--In this section, the term 
     ``defense article'' has the meaning given that term in 
     section 47(3) of the Arms Export Control Act (22 U.S.C. 
     2794(3)).

[[Page S7098]]

       (j) Expiration of Authority.--The authority to carry out 
     the program authorized by subsection (a), and to use amounts 
     in the Fund in support of the program, shall expire on 
     September 30, 2015.
       (k) Funding for Fiscal Year 2013.--Of the amounts 
     authorized to be appropriated for fiscal year 2013 by section 
     1504 for Overseas Contingency Operations and available for 
     operation and maintenance for the Army as specified in 
     funding table in section 4302, $48,400,000 shall be available 
     for deposit in the Fund pursuant to subsection (c)(1)(A), 
     with the amount of the deposit to be attributable to amounts 
     otherwise so available for the YMQ-18A unmanned aerial 
     vehicle, which has been cancelled.
                                 ______
                                 
  SA 3115. Mr. UDALL of Colorado (for himself and 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 end of subtitle D of title X, add the following:

     SEC. 1032. DISPOSITION OF COVERED PERSONS DETAINED IN THE 
                   UNITED STATES PURSUANT TO THE AUTHORIZATION FOR 
                   USE OF MILITARY FORCE.

       Section 1021 of the National Defense Authorization Act for 
     Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1562; 10 
     U.S.C. 801 note) is amended--
       (1) in subsection (c), by striking ``The disposition''and 
     inserting ``Except as provided in subsection (g), the 
     disposition''; and
       (2) by adding at the end the following new subsections:
       ``(g) Disposition of Covered Persons Detained in the United 
     States.--
       ``(1) Persons detained pursuant to this act, the 
     authorization for use of military force, or the national 
     defense authorization act for fiscal year 2013.--In the case 
     of a covered person who is detained in the United States 
     pursuant to this Act, the Authorization for Use of Military 
     Force, or the National Defense Authorization Act for Fiscal 
     Year 2013, disposition under the law of war shall occur 
     immediately upon the person coming into custody of the United 
     States Government and shall only mean the immediate transfer 
     of the person for trial and proceedings with all the due 
     process rights as provided for under the Constitution of the 
     United States.
       ``(2) Prohibition on transfer to military custody.--No 
     person detained, captured, or arrested in the United States, 
     or a territory or possession of the United States, may be 
     transferred to the custody of the Armed Forces for detention 
     under this Act, the Authorization for Use of Military Force, 
     or the National Defense Authorization Act for Fiscal Year 
     2013.
       ``(h) Rule of Construction.--This section shall not be 
     construed to authorize the detention of a person within the 
     United States, or a territory or possession of the United 
     States, under this Act, the Authorization for Use of Military 
     Force, or the National Defense Authorization Act for Fiscal 
     Year 2013.''.

     SEC. 1033. REPEAL OF REQUIREMENT FOR MILITARY CUSTODY.

       (a) Repeal.--Section 1022 of the National Defense 
     Authorization Act for Fiscal Year 2012 (Public Law 112-81; 
     125 Stat. 1563; 10 U.S.C. 801 note) is hereby repealed.
       (b) Conforming Amendment.--Section 1029(b) of such Act (125 
     Stat. 1570) is amended by striking ``applies to'' and all 
     that follows through ``any other person'' and inserting 
     ``applies to any person''.
                                 ______
                                 
  SA 3116. Mr. UDALL of Colorado (for himself and 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 end of subtitle D of title X, add the following:

     SEC. 1032. CLARIFICATION OF RULE OF CONSTRUCTION APPLICABLE 
                   TO AFFIRMATION OF AUTHORITY FOR THE ARMED 
                   FORCES TO DETAIN COVERED PERSONS PURSUANT TO 
                   THE AUTHORIZATION FOR USE OF MILITARY FORCE.

       Section 1021(e) of the National Defense Authorization Act 
     for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1562; 10 
     U.S.C. 801 note) is amended--
       (1) by striking ``in this section'' and inserting ``in this 
     Act or the Authorization for Use of Military Force''; and
       (2) by striking ``to affect existing law or authorities 
     relating to'' and inserting ``to authorize''.
                                 ______
                                 
  SA 3117. Mr. HATCH (for himself, Mr. Chambliss, 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. INCLUSION OF SENIOR OFFICIALS AT AIR LOGISTICS 
                   COMPLEXES IN RATING CHAINS FOR SYSTEM PROGRAM 
                   MANAGERS.

       Notwithstanding any other provision of law, the rating 
     chain for a system program manager may include, at any level, 
     any senior official located at an Air Logistics Complex where 
     the system program manager is based.
                                 ______
                                 
  SA 3118. Mr. PAUL 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. FEDERAL PRISON INDUSTRIES.

       (a) Purchase of Prison-made Products by Federal 
     Departments.--
       (1) Repeal of purchase requirement.--Section 4124 of title 
     18, United States Code, is amended--
       (A) in subsection (a)--
       (i) by striking ``shall purchase'' and inserting ``may 
     purchase''; and
       (ii) by inserting ``and services'' after ``such products''; 
     and
       (B) in subsection (c), by striking ``subject to the 
     requirements of subsection (a)'' and inserting ``that 
     purchases such products or services of the industries 
     authorized by this chapter''.
       (2) Technical and conforming amendment.--Section 8504(b) of 
     title 41, United States Code, is amended by striking ``and 
     that is required under section 4124 of title 18 to be 
     procured from that industry''.
       (b) Prohibition on Award of Certain Contracts to Federal 
     Prison Industries, Inc..--Notwithstanding any other provision 
     of law, a Federal agency may not award a contract to Federal 
     Prison Industries after competition restricted to small 
     business concerns under section 15 of the Small Business Act 
     (15 U.S.C. 644) or the program established under section 8(a) 
     of the Small Business Act (15 U.S.C. 637(a)).
       (c) Share of Indefinite Delivery/indefinite Quantity 
     Contracts.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulatory 
     Council shall amend the Federal Acquisition Regulation to 
     require that if the head of an executive agency reduces the 
     quantity of items to be delivered under an indefinite 
     delivery/indefinite quantity contract to which Federal Prison 
     Industries is a party, the head of the executive agency shall 
     reduce Federal Prison Industries's share of the items to be 
     delivered under the contract by the same percentage by which 
     the total number of items to be delivered under the contract 
     from all sources is reduced.
       (2) Definitions.--In this subsection--
       (A) the term ``executive agency'' has the meaning given the 
     term in section 133 of title 41, United States Code; and
       (B) the term ``Federal Acquisition Regulatory Council'' 
     means the Federal Acquisition Regulatory Council established 
     under section 1302(a) of title 41, United States Code.
                                 ______
                                 
  SA 3119. Mr. PAUL 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. IMPROVED ENUMERATION OF MEMBERS OF THE ARMED 
                   FORCES IN ANY TABULATION OF TOTAL POPULATION BY 
                   SECRETARY OF COMMERCE.

       (a) In General.--Section 141 of title 13, United States 
     Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) Effective beginning with the 2020 decennial census of 
     population, in taking any tabulation of total population by 
     States, the Secretary shall take appropriate measures to 
     ensure, to the maximum extent practicable, that all members 
     of the Armed Forces deployed abroad on the date of taking 
     such tabulation are--
       ``(1) fully and accurately counted; and
       ``(2) properly attributed to the State in which their 
     residence at their permanent

[[Page S7099]]

     duty station or homeport is located on such date.''.
       (b) Construction.--The amendments made by subsection (a) 
     shall not be construed to affect the residency status of any 
     member of the Armed Forces under any provision of law other 
     than title 13, United States Code.
                                 ______
                                 
  SA 3120. Mr. THUNE 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. ___. SENSE OF CONGRESS REGARDING SPECTRUM REALLOCATION.

       It is the sense of Congress that--
       (1) the Nation's mobile communications industry is a 
     significant economic engine, by one estimate directly or 
     indirectly supporting 3,800,000 jobs, or 2.6 percent of all 
     United States employment, contributing $195,500,000,000 to 
     the United States gross domestic product and driving 
     $33,000,000,000 in productivity improvements in 2011;
       (2) while wireless carriers are continually implementing 
     new and more efficient technologies and techniques to 
     maximize their existing spectrum capacity, there is a 
     pressing need for additional spectrum for commercial mobile 
     broadband services, with one report predicting that global 
     mobile data traffic will increase 18-fold between 2011 and 
     2016 at a compound annual growth rate of 78 percent, reaching 
     10.8 exabytes per month by 2016;
       (3) as the Nation faces the current spectrum shortage, 
     consideration should be given to both the supply of spectrum 
     for licensed networks and for unlicensed devices;
       (4) while this additional demand can be met in part by 
     reallocating spectrum from existing non-governmental uses, 
     the reallocation of Federal Government spectrum for 
     commercial use must also be part of the solution, given that, 
     according to a 2012 Government Accountability Office study, 
     the percentage of the most highly valued spectrum, that below 
     3700 MHz, used exclusively or predominantly by the Federal 
     Government ranges from approximately 39 percent to 57 percent 
     with exclusive Government use accounting for 18 percent of 
     the total amount of spectrum below 3700 MHz;
       (5) existing law ensures that Federal operations are not 
     harmed as a result of a reallocation of spectrum for 
     commercial use, including through the establishment of the 
     Spectrum Relocation Fund to reimburse Federal users for the 
     costs of planning and implementing relocation and, with 
     respect to spectrum vacated by the Department of Defense, 
     certification by the Secretaries of Defense and Commerce and 
     the Chairman of the Joint Chiefs of Staff that replacement 
     spectrum provides comparable technical characteristics to 
     restore essential military capability;
       (6) wherever possible, Federal Government spectrum 
     identified for commercial use should be reallocated for such 
     use;
       (7) commercial users should only be required to share 
     spectrum with government users as a transition mechanism 
     while spectrum is being cleared by Federal users or in 
     limited exclusion zones where relocation of existing Federal 
     uses is not feasible, or where it can be determined that 
     sharing will not significantly impair use of the spectrum for 
     broadband services;
       (8) among existing Federal Government bands, the spectrum 
     between 1755-1780 MHz is particularly well-suited for 
     reallocation to commercial use because it is identified 
     internationally for commercial mobile services and is used 
     for that purpose throughout most of the world and because it 
     is immediately adjacent to existing domestic wireless 
     spectrum and would fit seamlessly into the current mobile 
     broadband spectrum portfolio allowing for more immediate 
     equipment development and deployment;
       (9) the Department of Defense should prepare a long term 
     plan in consultation with relevant agencies and private 
     sector stakeholders to determine equitable outcomes for the 
     Nation in relation to spectrum use that balances the private 
     sector's demand for spectrum with national security needs;
       (10) in most cases Federal operations can and should be 
     relocated from this band, possibly except for a limited 
     subset of operations in rural areas where a Federal 
     Government station cannot be relocated without jeopardizing 
     essential military capability;
       (11) auctioning this band on a paired basis with the band 
     between 2155-2180 MHz that was designated for auction under 
     the Middle Class Tax Relief and Job Creation Act of 2012 
     would permit alignment with existing services, facilitate 
     faster deployment of services, maximize efficient use of the 
     spectrum, and yield more dollars in auction revenues than if 
     the 1755-1780 MHz were auctioned by itself;
       (12) the President should therefore expeditiously direct 
     Federal users on the 1755-1780 MHz band to prepare, not later 
     than May 31, 2013, a relocation plan that includes the costs 
     of relocating from this band; and
       (13) the Federal Communications Commission reallocate this 
     band to commercial use and auction it on a paired basis with 
     the band between 2155-2180 MHz.
                                 ______
                                 
  SA 3121. 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 XXVIII, add the 
     following:

     SEC. 2844. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS 
                   APPLICABLE TO FUNDING FOR DATA SERVERS AND 
                   CENTERS.

       Section 2867(c) of the Military Construction Authorization 
     Act for Fiscal Year 2012 (division B of Public Law 112-81; 
     125 Stat. 1706; 10 U.S.C. 2223a note) is amended--
       (1) by striking ``Exception.--The Chief'' and inserting the 
     following: ``Exceptions.--
       ``(1) Exemption authority.--The Chief''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) High performance computing modernization program.--
     This section does not apply to the high performance computing 
     modernization program.''.
                                 ______
                                 
  SA 3122. 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 D of title XII, add the following:

     SEC. 1246. SENSE OF THE SENATE ON THE ISRAELI IRON DOME 
                   DEFENSIVE WEAPON SYSTEM.

       (a) Findings.--The Senate makes the following findings:
       (1) The citizens of Israel have suffered under a continual 
     barrage of missiles, rockets, and mortar shells from the 
     Hamas-controlled Gaza Strip.
       (2) Hamas has been designated by the Secretary of State as 
     a Foreign Terrorist Organization.
       (3) Hamas and other terrorist groups in Gaza have routinely 
     used human shields and launched rockets from civilian areas.
       (4) Israel has gone to extraordinary lengths to avoid 
     Palestinian civilian casualties, including aborting attacks 
     on military targets because of the presence of civilians, 
     alerting civilians to leave areas of potential conflict, and 
     allowing the importation of medical and other supplies into 
     Gaza.
       (5) Israel faces additional rocket and missile threats from 
     Lebanon and Syria.
       (6) The Government of Iran has supplied Hamas with advanced 
     longer range missiles such as the Fajar-5.
       (7) Hamas has deployed these weapons to be fired from 
     within their own civilian population.
       (8) The Government of Israel, taking seriously the threat 
     of short range rockets and mortars, designed, developed, and 
     produced the Iron Dome system to address those threats.
       (9) The Iron Dome system has successfully intercepted 
     hundreds of rockets targeting population centers in Israel.
       (10) The Iron Dome system has maintained a success rate of 
     close to 90 percent.
       (11) The Government of Israel currently maintains 5 Iron 
     Dome batteries, a number insufficient to protect all of 
     Israel.
       (12) It appears that approximately 10 additional Iron Dome 
     batteries are needed to protect all of Israel.
       (13) The United States Government, recognizing the threat 
     to Israeli citizens and desirous of promoting peace, approved 
     funding to assist the Government of Israel in procuring Iron 
     Dome batteries.
       (14) Israel maintains a significant inventory of Iron Dome 
     interceptors which has been reduced due to attacks from Gaza.
       (15) Israel used a significant number of precision-guided 
     munitions in order to destroy military targets while 
     minimizing civilian casualties in its recent defensive effort 
     in Gaza.
       (16) President Barack Obama has expressed his intention to 
     seek additional funding for Iron Dome and other United 
     States-Israel missile defense systems.
       (b) Sense of the Senate.--The Senate--
       (1) reaffirms its commitment to the security of our ally 
     and strategic partner, Israel;
       (2) fully supports Israel's right to defend itself against 
     acts of terrorism;
       (3) sympathizes with the families of Israelis who have come 
     under the indiscriminate rocket fire from Hamas-controlled 
     Gaza;
       (4) recognizes the exceptional success of the Iron Dome 
     Missile Defense system in defending the population of Israel;
       (5) desires to help ensure that Israel has the means to 
     defend itself against terrorist attacks, including through 
     the acquisition of additional Iron Dome batteries and 
     interceptors; and
       (6) urges the Departments of Defense and State to explore 
     with their Israeli counterparts and alert the Senate of any 
     needs the

[[Page S7100]]

     Israeli Defense Force may have for additional Iron Dome 
     batteries, interceptors, or other equipment depleted during 
     the current conflict.
                                 ______
                                 
  SA 3123. Mr. KYL (for himself, Mr. Lieberman, Mr. Inhofe, Mr. Risch, 
Mr. Lugar, Mr. DeMint, Mr. Cornyn, Mr. Rubio, Mr. Wicker, Ms. Ayotte, 
Ms. Collins, Mr. Sessions, Mr. Vitter, and Mr. Corker) proposed an 
amendment 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; as follows:

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

     SEC. 1064. BRIEFINGS AND CONSULTATIONS ON THE MILITARY 
                   IMPLICATIONS OF PROPOSALS OF THE UNITED STATES 
                   AND RUSSIA UNDER CONSIDERATION IN NEGOTIATIONS 
                   ON NUCLEAR ARMS, MISSILE DEFENSE, AND LONG-
                   RANGE CONVENTIONAL STRIKE SYSTEM MATTERS.

       (a) Briefings and Consultations.--
       (1) Briefings.--Not later than 30 days after the date of 
     the enactment of this Act, and every 120 days thereafter, the 
     Secretary of Defense shall, in coordination with the Chairman 
     of the Joint Chiefs of Staff, provide to the appropriate 
     committees of Congress a briefing on the military and 
     strategic implications of any offer or proposal, by either 
     the Russian Federation or the United States, to limit or 
     control nuclear arms, missile defense systems, or long-range 
     conventional strike systems, including any proposal as part 
     of formal negotiations between the two countries or otherwise 
     exchanged between official entities of the two countries.
       (2) Basis of quarterly consultations.--The briefings under 
     paragraph (1) shall serve as the basis for quarterly 
     consultations to be provided by the Secretary to the 
     appropriate committees of Congress on any current proposals 
     described in that paragraph.
       (b) Sense of Congress.--It is the sense of Congress that 
     any agreement of the United States with the Russian 
     Federation related to missile defense, nuclear weapons, or 
     long-range conventional strike systems that would limit, 
     constrain, or reduce the Armed Forces or armaments of the 
     United States in any militarily significant manner may be 
     made only pursuant to the treaty-making power of the 
     President as set forth in Article II, section, 2, clause 2, 
     of the Constitution of the United States, as consistent with 
     section 303(b) of the Arms Control and Disarmament Act.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 3124. Mr. BLUMENTHAL (for himself, Mr. Portman, Mr. Lieberman, Ms. 
Collins, Mr. Franken, Mrs. Gillibrand, Mr. Lautenberg, Mrs. Hutchison, 
Mr. Rubio, Mr. Begich, 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 title VIII, add the following:

        Subtitle F--Ending Trafficking in Government Contracting

     SEC. 891. SHORT TITLE.

       This subtitle may be cited as the ``End Trafficking in 
     Government Contracting Act of 2012''.

     SEC. 892. DEFINITIONS.

       In this subtitle:
       (1) Commercial sex act.--The term ``commercial sex act'' 
     has the meaning given the term in section 22.1702 of the 
     Federal Acquisition Regulation (or any similar successor 
     regulation) .
       (2) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (3) Subcontractor.--The term ``subcontractor'' means a 
     recipient of a contract at any tier under a grant, contract, 
     or cooperative agreement.
       (4) Subgrantee.--The term ``subgrantee'' means a recipient 
     of a grant at any tier under a grant or cooperative 
     agreement.
       (5) United states.--The term ``United States'' has the 
     meaning provided in section 103(12) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7102(12)).

     SEC. 893. CONTRACTING REQUIREMENTS.

       (a) In General.--Section 106(g) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7104(g)) is amended by 
     striking ``if the grantee or any subgrantee,'' and all that 
     follows through the period at the end and inserting the 
     following: ``or take any of the other remedial actions 
     authorized under section 895(c) of the End Trafficking in 
     Government Contracting Act of 2012, if the grantee or any 
     subgrantee, or the contractor or any subcontractor, engages 
     in, or uses labor recruiters, brokers, or other agents who 
     engage in--
       ``(i) severe forms of trafficking in persons;
       ``(ii) the procurement of a commercial sex act during the 
     period of time that the grant, contract, or cooperative 
     agreement is in effect;
       ``(iii) the use of forced labor in the performance of the 
     grant, contract, or cooperative agreement, or
       ``(iv) acts that directly support or advance trafficking in 
     persons, including the following acts:

       ``(I) Destroying, concealing, removing, confiscating, or 
     otherwise denying an employee access to that employee's 
     identity or immigration documents without the employee's 
     consent.
       ``(II) Failing to pay return transportation costs to an 
     employee upon the end of employment, unless--

       ``(aa) exempted from the duty to repatriate by the Federal 
     department or agency providing or entering into the grant, 
     contract, or cooperative agreement; or
       ``(bb) the employee is a victim of human trafficking 
     seeking victim services or legal redress in the country of 
     employment or a witness in a human trafficking enforcement 
     action.

       ``(III) Soliciting a person for the purpose of employment, 
     or offering employment, by means of materially false or 
     fraudulent pretenses, representations, or promises regarding 
     that employment.
       ``(IV) Charging recruited employees unreasonable placement 
     or recruitment fees, such as fees equal to or greater than 
     the employee's monthly salary, or recruitment fees that 
     violate the laws of the country from which an employee is 
     recruited.
       ``(V) Providing or arranging housing that fails to meet the 
     host country housing and safety standards.''.

       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

     SEC. 894. COMPLIANCE PLAN AND CERTIFICATION REQUIREMENT.

       (a) Requirement.--The head of an executive agency may not 
     provide or enter into a grant, contract, or cooperative 
     agreement if the estimated value of the services required to 
     be performed under the grant, contract, or cooperative 
     agreement outside the United States exceeds $500,000, unless 
     a duly designated representative of the recipient of such 
     grant, contract, or cooperative agreement certifies to the 
     contracting or grant officer prior to receiving an award and 
     on an annual basis thereafter, after having conducted due 
     diligence, that--
       (1) the recipient has implemented a plan to prevent the 
     activities described in section 106(g) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
     amended by section 3, and is in compliance with that plan;
       (2) the recipient has implemented procedures to prevent any 
     activities described in such section 106(g) and to monitor, 
     detect, and terminate any subcontractor, subgrantee, or 
     employee of the recipient engaging in any activities 
     described in such section; and
       (3) to the best of the representative's knowledge, neither 
     the recipient, nor any subcontractor or subgrantee of the 
     recipient or any agent of the recipient or of such a 
     subcontractor or subgrantee, is engaged in any of the 
     activities described in such section.
       (b) Limitation.--Any plan or procedures implemented 
     pursuant to subsection (a) shall be appropriate to the size 
     and complexity of the grant, contract, or cooperative 
     agreement and to the nature and scope of its activities, 
     including the number of non-United States citizens expected 
     to be employed.
       (c) Disclosure.--The recipient shall provide a copy of the 
     plan to the contracting or grant officer upon request, and as 
     appropriate, shall post the useful and relevant contents of 
     the plan or related materials on its website and at the 
     workplace.
       (d) Guidance.--The President, in consultation with the 
     Secretary of State, the Attorney General, the Secretary of 
     Defense, the Secretary of Labor, the Secretary of Homeland 
     Security, the Administrator for the United States Agency for 
     International Development, and the heads of such other 
     executive agencies as the President deems appropriate, shall 
     establish minimum requirements for contractor plans and 
     procedures to be implemented pursuant to this section.
       (e) Regulations.--Not later than 270 days after the date of 
     the enactment of this Act, the Federal Acquisition Regulation 
     shall be amended to carry out the purposes of this section.
       (f) Effective Date.--The requirements under subsection (a) 
     and (c) shall apply to grants, contracts, and cooperative 
     agreements entered into on or after the date that is 90 days 
     after the Federal Acquisition Regulation is amended pursuant 
     to subsection (e).

     SEC. 895. MONITORING AND INVESTIGATION OF TRAFFICKING IN 
                   PERSONS.

       (a) Referral and Investigation.--
       (1) Referral.--If the contracting or grant officer of an 
     executive agency for a grant,

[[Page S7101]]

     contract, or cooperative agreement receives credible 
     information that a recipient of the grant, contract, or 
     cooperative agreement; any subgrantee or subcontractor of the 
     recipient; or any agent of the recipient or of such a 
     subgrantee or subcontractor, has engaged in an activity 
     described in section 106(g) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7104(g)), as amended by 
     section 893, including a report from a contracting officer 
     representative, an auditor, an alleged victim or victim's 
     representative, or any other credible source, the contracting 
     or grant officer shall promptly refer the matter to the 
     agency's Office of Inspector General for investigation. The 
     contracting officer may also direct the contractor to take 
     specific steps to abate an alleged violation or enforce the 
     requirements of a compliance plan implemented pursuant to 
     section 894.
       (2) Investigation.--Where appropriate, an Inspector General 
     who receives credible information that a recipient of the 
     grant, contract, or cooperative agreement; any subgrantee or 
     subcontractor of the recipient; or any agent of the recipient 
     or of such a subgrantee or subcontractor, has engaged in an 
     activity described in section 106(g) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
     amended by section 893, pursuant to a referral under 
     paragraph (1) or otherwise, shall promptly initiate an 
     investigation of the matter. In the event that an Inspector 
     General does not initiate an investigation, the Inspector 
     General shall provide an explanation for the decision not to 
     investigate.
       (3) Criminal investigation.--If the matter is referred to 
     the Department of Justice for criminal prosecution, the 
     Inspector General may suspend any investigation under this 
     subsection pending the outcome of the criminal prosecution. 
     If the criminal investigation results in an indictment of the 
     recipient of a contract, grant, or cooperative agreement; any 
     subgrantee or subcontractor of the recipient; or any agent of 
     the recipient or of a subgrantee or subcontractor, the 
     Inspector General shall notify the head of the executive 
     agency that awarded the contract, grant, or cooperative 
     agreement of the indictment. If the criminal investigation 
     results in a decision not to prosecute, the Inspector General 
     shall resume any investigation that was suspended pursuant to 
     this paragraph.
       (b) Report and Determination.--
       (1) Report.--Upon completion of an investigation under 
     subsection (a), the Inspector General shall submit a report 
     on the investigation, including conclusions about whether the 
     recipient of a grant, contract, or cooperative agreement; any 
     subcontractor or subgrantee of the recipient; or any agent of 
     the recipient or of such a subcontractor or subgrantee, 
     engaged in any of the activities described in section 106(g) 
     of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7104(g)), as amended by section 893, to the head of the 
     executive agency that awarded the contract, grant, or 
     cooperative agreement.
       (2) Determination.--Upon receipt of an Inspector General's 
     report pursuant to paragraph (1), the head of the executive 
     agency shall make a written determination whether the 
     recipient of a contract, grant, or cooperative agreement; any 
     subgrantee or subcontractor of the recipient; or any agent of 
     the recipient or of a subgrantee or subcontractor, engaged in 
     any of the activities described in section 106(g) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7104(g)), as amended by section 893.
       (c) Remedial Actions.--
       (1) In general.--If the head of an executive agency 
     determines pursuant to subsection (b)(2) that the recipient 
     of a contract, grant, or cooperative agreement; any 
     subgrantee or subcontractor of the recipient; or any agent of 
     the recipient or of a subgrantee or subcontractor, engaged in 
     any of the activities described in section 106(g) of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7104(g)), as amended by section 893, or is notified of an 
     indictment for an offense under subsection (a)(3), the head 
     of agency shall consider taking one or more of the following 
     remedial actions:
       (A) Requiring the recipient to remove an employee from the 
     performance of work under the grant, contract, or cooperative 
     agreement.
       (B) Requiring the recipient to terminate a subcontract or 
     subgrant.
       (C) Suspending payments under the grant, contract, or 
     cooperative agreement until such time as the recipient of the 
     grant, contract, or cooperative agreement has taken 
     appropriate remedial action.
       (D) Withholding award fees, consistent with the award fee 
     plan, for the performance period in which the agency 
     determined the contractor or subcontractor engaged in any of 
     the activities described in such section 106(g).
       (E) Declining to exercise available options under the 
     contract.
       (F) Terminating the contract for default or cause, in 
     accordance with the termination clause for the contract.
       (G) Referring the matter to the agency suspension and 
     debarment official.
       (2) Savings clause.--Nothing in this subsection shall be 
     construed as limiting the scope of applicable remedies 
     available to the Federal Government.
       (3) Mitigating factor.--Where applicable, the head of an 
     executive agency may consider whether the contractor or 
     grantee had a plan in place under section 894, and was in 
     compliance with that plan at the time of the violation, as a 
     mitigating factor in determining which remedies, if any, 
     should apply.
       (4) Aggravating factor.--Where applicable, the head of an 
     executive agency may consider the failure of a contractor or 
     grantee to abate an alleged violation or enforce the 
     requirements of a compliance plan when directed by a 
     contracting officer pursuant to subsection (a)(1) as an 
     aggravating factor in determining which remedies, if any, 
     should apply.
       (d) Inclusion of Report Conclusions in FAPIIS.--
       (1) In general.--The head of an executive agency shall 
     ensure that any written determination under subsection (b) is 
     included in the Federal Awardee Performance and Integrity 
     Information System (FAPIIS).
       (2) Amendment to title 41, united states code.--Section 
     2313(c)(1)(E) of title 41, United States Code, is amended to 
     read as follows:
       ``(E) In an administrative proceeding--
       ``(i) a final determination of contractor fault by the 
     Secretary of Defense pursuant to section 823(d) of the 
     National Defense Authorization Act for Fiscal Year 2010 (10 
     U.S.C. 2302 note; Public Law 111-84); or
       ``(ii) a final determination, pursuant to section 895(b)(2) 
     of the End Trafficking in Government Contracting Act of 2012, 
     that the contractor, a subcontractor, or an agent of the 
     contractor or subcontractor engaged in any of the activities 
     described in section 106(g) of the Trafficking Victims 
     Protection Act of 2000 (22 U.S.C. 7104(g)).''.

     SEC. 896. NOTIFICATION TO INSPECTORS GENERAL AND COOPERATION 
                   WITH GOVERNMENT.

       (a) In General.--The head of an executive agency making or 
     awarding a grant, contract, or cooperative agreement shall 
     require that the recipient of the grant, contract, or 
     cooperative agreement--
       (1) immediately inform the Inspector General of the 
     executive agency of any information it receives from any 
     source that alleges credible information that the recipient; 
     any subcontractor or subgrantee of the recipient; or any 
     agent of the recipient or of such a subcontractor or 
     subgrantee, has engaged in conduct described in section 
     106(g) of the Trafficking in Victims Protection Act of 2000 
     (22 U.S.C. 7104(g)), as amended by section 3 of this Act; and
       (2) fully cooperate with any Federal agencies responsible 
     for audits, investigations, or corrective actions relating to 
     trafficking in persons.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 90 days after the date of the enactment of 
     this Act.

     SEC. 897. EXPANSION OF FRAUD IN FOREIGN LABOR CONTRACTING TO 
                   INCLUDE WORK OUTSIDE THE UNITED STATES.

       (a) In General.--Section 1351 of title 18, United States 
     Code, is amended--
       (1) by striking ``Whoever knowingly'' and inserting ``(a) 
     Work Inside the United States.--Whoever knowingly''; and
       (2) by adding at the end the following new subsection:
       ``(b) Work Outside the United States.--Whoever knowingly 
     and with intent to defraud recruits, solicits, or hires a 
     person outside the United States or causes another person to 
     recruit, solicit, or hire a person outside the United States, 
     or attempts to do so, for purposes of employment performed on 
     a United States Government contract performed outside the 
     United States, or on a United States military installation or 
     mission outside the United States or other property or 
     premises outside the United States owned or controlled by the 
     United States Government, by means of materially false or 
     fraudulent pretenses, representations, or promises regarding 
     that employment, shall be fined under this title or 
     imprisoned for not more than 5 years, or both.''.
       (b) Special Rule for Alien Victims.--No alien may be 
     admitted to the United States pursuant to subparagraph (U) of 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) as a result of the alien being a victim 
     of a crime described in subsection (b) of section 1351 of 
     title 18, United States Code, as added by subsection (a).

     SEC. 898. IMPROVING DEPARTMENT OF DEFENSE ACCOUNTABILITY FOR 
                   REPORTING TRAFFICKING IN PERSONS CLAIMS AND 
                   VIOLATIONS.

       Section 105(d)(7)(H) of the Trafficking Victims Protection 
     Act of 2000 (22 U.S.C. 7103(d)(7)(H)) is amended--
       (1) in clause (ii), by striking ``and'' at the end;
       (2) by redesignating clause (iii) as clause (iv);
       (3) by inserting after clause (ii) the following new 
     clause:
       ``(iii) all known trafficking in persons cases reported to 
     the Under Secretary of Defense for Personnel and 
     Readiness;'';
       (4) in clause (iv), as redesignated by paragraph (2), by 
     inserting ``and'' at the end after the semicolon; and
       (5) by adding at the end the following new clause:
       ``(v) all trafficking in persons activities of contractors 
     reported to the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics;''.

     SEC. 899. RULES OF CONSTRUCTION.

       (a) Liability.--Excluding section 897, nothing in this 
     subtitle shall be construed to supersede, enlarge, or 
     diminish the common law or statutory liabilities of any 
     grantee, subgrantee, contractor, subcontractor, or

[[Page S7102]]

     other party covered by section 106(g) of the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7104(g)), as 
     amended by section 893.
       (b) Authority of Department of Justice.--Nothing in this 
     subtitle shall be construed as diminishing or otherwise 
     modifying the authority of the Attorney General to 
     investigate activities covered by this subtitle.
       (c) Prospective Effect.--Nothing in this subtitle, or the 
     amendments made by this subtitle, shall be construed to apply 
     to a contract or grant entered into or renewed before the 
     date of the enactment of this subtitle.

                                 ______
                                 
  SA 3125. Mr. BLUMENTHAL (for himself and Mrs. Gillibrand) 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. LIMITED DECONTAMINATION AUTHORITY FOR PORTIONS OF 
                   FORMER NAVAL BOMBARDMENT AREA, CULEBRA ISLAND, 
                   PUERTO RICO.

       (a) Decontamination Authority.--Notwithstanding section 
     204(c) of the Military Construction Authorization Act, 1974 
     (Public Law 93-166; 87 Stat. 668), and paragraph 9 of the 
     quitclaim deed relating to the transfer of the former 
     bombardment area on the island of Culebra in the Commonwealth 
     of Puerto Rico, the Secretary of Defense may authorize and 
     conduct activities for the removal of unexploded ordnance and 
     munitions scrap from those portions of the former bombardment 
     area that were explicitly identified as having regular public 
     access in the Department of Defense study entitled ``Study 
     Relating to the Presence of Unexploded Ordnance in a Portion 
     of the Former Naval Bombardment Area of Culebra Island, 
     Commonwealth of Puerto Rico'' and dated April 20, 2012, which 
     was prepared in accordance with section 2815 of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 (Public Law 111-383; 124 Stat. 4464).
       (b) Exceptions.--In authorizing and conducting activities 
     for the removal of unexploded ordnance and munitions scrap 
     within the transferred former bombardment area, as authorized 
     by subsection (a), the Secretary of Defense may exclude areas 
     of dense vegetation and steep terrain that--
       (1) make public access difficult and public use infrequent; 
     and
       (2) would severely hamper the effectiveness and increase 
     the cost of removal activities.
       (c) Definitions.--In this section:
       (1) The term ``quitclaim deed'' refers to the quitclaim 
     deed from the United States to the Commonwealth of Puerto 
     Rico, signed by the Secretary of the Interior on August 11, 
     1982, for that portion of Tract (1b) consisting of the former 
     bombardment area on the island of Culebra, Puerto Rico.
       (2) The term ``unexploded ordnance'' has the meaning given 
     that term by section 101(e)(5) of title 10, United States 
     Code.
                                 ______
                                 
  SA 3126. Mr. WARNER 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 VII, add the following:

     SEC. 723. UNIFIED MEDICAL COMMAND.

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

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

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

``167b. Unified combatant command for medical operations.''.
       (b) Plan, Notification, and Report.--

[[Page S7103]]

       (1) Plan.--Not later than July 1, 2013, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a comprehensive plan to establish the unified medical command 
     authorized under section 167b of title 10, United States 
     Code, as added by subsection (a), including any legislative 
     actions the Secretary considers necessary to implement the 
     plan.
       (2) Notification.--The Secretary shall submit to the 
     congressional defense committees written notification of the 
     time line of the Secretary to establish the unified medical 
     command under such section 167b by not later than the date 
     that is 30 days before establishing such command.
       (3) Report.--Not later than 180 days after submitting the 
     notification under paragraph (2), the Secretary shall submit 
     to the congressional defense committees a report on--
       (A) the establishment of the unified medical command; and
       (B) the establishment of the Defense Health Agency under 
     subsection (f) of such section 167b.
                                 ______
                                 
  SA 3127. Mr. WARNER 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 VII, add the following:

     SEC. 723. SUPPORT OF MULTI-DISCIPLINARY RESEARCH INTO 
                   TRANSLATIONAL MEDICINE FOR DIAGNOSIS AND 
                   TREATMENT OF POST-TRAUMATIC STRESS DISORDER, 
                   TRAUMATIC BRAIN INJURY, AND OTHER NEUROLOGICAL 
                   CONDITIONS SUFFERED BY MEMBERS OF THE ARMED 
                   FORCES.

       (a) Program of Support Authorized.--The Secretary of 
     Defense may carry out a program to provide support for multi-
     disciplinary research into translational medicine for the 
     diagnosis and treatment of Post-Traumatic Stress Disorder 
     (PTSD), Traumatic Brain Injury (TBI), and other neurological 
     conditions suffered by members of the Armed Forces. The 
     program shall be carried out by the Bureau of Medicine and 
     Surgery (BUMED) of the Navy.
       (b) Elements.--As part of the program authorized by 
     subsection (a), the Secretary may--
       (1) establish, or authorize the participation of 
     appropriate elements of the Department of Defense in, a 
     nationwide scientific consortium aimed at integrating 
     research on nanotechnology, stem cells, cellular therapy, 
     medical imaging, electronic medical records, information 
     technology and medical devices, and other appropriate matters 
     into the translation medicine described in subsection (a); 
     and
       (2) provide capabilities to permit researchers, scientists, 
     surgeons, physicians, healthcare professionals, and patients 
     to effectively communicate the findings and outcomes of 
     research under the program into such translational medicine 
     in a manner that enhances such medicine through real-time 
     access to information and integration between researchers, 
     physicians, hospitals, and patients.
       (c) Report.--If the Secretary elects to carry out the 
     program authorized by subsection (a), the Secretary shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives, not later than 90 days after 
     the date of the enactment of this Act, a report setting forth 
     a plan for the establishment and discharge of the program.
       (d) Funding.--Amounts authorized to be appropriated for 
     fiscal year 2013 by section 1403 and available for Defense 
     Health Program may be used for the program authorized by 
     subsection (a).
                                 ______
                                 
  SA 3128. Mr. WARNER 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. BIPARTISAN INDEPENDENT STRATEGIC REVIEW PANEL.

       (a) Bipartisan Independent Strategic Review Panel.--
       (1) Establishment.--Chapter 2 of title 10, United States 
     Code, is amended by inserting after section 118b the 
     following new section:

     ``Sec. 118c. Bipartisan independent strategic review panel

       ``(a) Establishment.--There is established a bipartisan 
     independent strategic review panel (in this section referred 
     to as the `Panel') to conduct a regular review of the 
     national defense strategic environment of the United States 
     and to conduct an independent assessment of the quadrennial 
     defense review required under section 118 of this title.
       ``(b) Membership.--
       ``(1) Appointment.--The Panel shall be composed of 12 
     members from civilian life with a recognized expertise in 
     national security matters who shall be appointed as follows:
       ``(A) Four members shall be appointed by the Secretary of 
     Defense, of whom not more than three members shall be of the 
     same political party.
       ``(B) Two members shall be appointed by the chair of the 
     Committee on Armed Services of the House of Representatives.
       ``(C) Two members shall be appointed by the chair of the 
     Committee on Armed Services of the Senate.
       ``(D) Two members shall be appointed by the ranking 
     minority member of the Committee on Armed Services of the 
     House of Representatives.
       ``(E) Two members shall be appointed by the ranking 
     minority member of the Committee on Armed Services of the 
     Senate.
       ``(2) Initial members: appointment date and term of 
     service.--
       ``(A) Appointment date.--The initial members of the Panel 
     shall be appointed under paragraph (1) not later than January 
     30, 2013.
       ``(B) Terms.--(i) The Secretary of Defense shall designate 
     two initial members of the Panel appointed under paragraph 
     (1)(A) to serve terms that expire on December 31, 2013, and 
     two such initial members to serve terms that expire on 
     December 31, 2014.
       ``(ii) The chair of the Committee on Armed Services of the 
     House of Representatives shall designate one initial member 
     of the Panel appointed under paragraph (1)(B) to serve a term 
     that expires on December 31, 2013, and one such initial 
     member to serve a term that expires on December 31, 2014.
       ``(iii) The chair of the Committee on Armed Services of the 
     Senate shall designate one initial member of the Panel 
     appointed under paragraph (1)(C) to serve a term that expires 
     on December 31, 2013, and one such initial member to serve a 
     term that expires on December 31, 2014.
       ``(iv) The ranking minority member of the Committee on 
     Armed Services of the House of Representatives shall 
     designate one initial member of the Panel appointed under 
     paragraph (1)(D) to serve a term that expires on December 31, 
     2013, and one such initial member to serve a term that 
     expires on December 31, 2014.
       ``(v) The ranking minority member of the Committee on Armed 
     Services of the Senate shall designate one initial member of 
     the Panel appointed under paragraph (1)(E) to serve a term 
     that expires on December 31, 2013, and one such initial 
     member to serve a term that expires on December 31, 2014.
       ``(3) Chairs.--The Secretary of Defense shall designate two 
     members appointed pursuant to paragraph (1)(A) that are not 
     of the same political party to serve as the Chairs of the 
     Panel.
       ``(4) Vacancies.--(A) A vacancy in the Panel shall be 
     filled in the same manner as the original appointment and not 
     later than 30 days after the date on which the vacancy 
     begins.
       ``(B) A member of the Panel appointed to fill a vacancy 
     shall be appointed for a term that expires--
       ``(i) in the case of an appointment to fill a vacancy 
     resulting from a person not serving the entire term for which 
     such person was appointed, at the end of the remainder of 
     such term; and
       ``(ii) in the case of an appointment to fill a vacancy 
     resulting from the expiration of the term of a member of the 
     panel, two years after the date on which the term of such 
     member expired.
       ``(5) Reappointment.--Members of the Panel may be 
     reappointed to the Panel for additional terms of service.
       ``(6) Pay.--The members of the Panel shall serve without 
     pay
       ``(7) Travel expenses.--Each member of the Panel shall 
     receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57 of title 5.
       ``(c) Duties.--
       ``(1) Review of national defense strategic environment.--
     The Panel shall every four years, during a year following a 
     year evenly divisible by four, review the national defense 
     strategic environment of the United States. Such review shall 
     include a review and assessment of--
       ``(A) the national defense environment, including 
     challenges and opportunities;
       ``(B) the national defense strategy and policy;
       ``(C) the national defense roles, missions, and 
     organizations; and
       ``(D) the risks to the national defense of the United 
     States and how such risks affect challenges and opportunities 
     to national defense.
       ``(2) Additional reviews.--The Panel may conduct additional 
     reviews under paragraph (1) as requested by Congress or the 
     Secretary of Defense, or when the Panel determines a 
     significant change in the national defense environment has 
     occurred that would warrant new recommendations from the 
     Panel.
       ``(3) Assessment of quadrennial defense review.--The Panel 
     shall conduct an assessment of each quadrennial defense 
     review required to be conducted under section 118 of this 
     title. Each assessment shall include--
       ``(A) a review of the Secretary of Defense's terms of 
     reference, and any other materials providing the basis for, 
     or substantial inputs to, the work of the Department of 
     Defense on such quadrennial defense review;
       ``(B) an assessment of the assumptions, strategy, findings, 
     and risks in the report of the Secretary of Defense on such 
     quadrennial

[[Page S7104]]

     defense review required under section 118(d) of this title, 
     with particular attention paid to the risks described in such 
     a report;
       ``(C) an independent assessment of a variety of possible 
     force structures for the armed forces, including the force 
     structure identified in the report required under such 
     section 118(d); and
       ``(D) a review of the resource requirements identified in 
     such quadrennial defense review pursuant to section 118(b)(3) 
     of this title and, to the extent practicable, a general 
     comparison of such resource requirements with the resource 
     requirements to support the forces contemplated under the 
     force structures assessed under subparagraph (C).
       ``(d) Administrative Provisions.--
       ``(1) Staff.--
       ``(A) In general.--The Chairs of the Panel may, without 
     regard to the civil service laws and regulations, appoint and 
     terminate an executive director and not more than 11 
     additional personnel, as may be necessary to enable the Panel 
     to perform the duties of the Panel.
       ``(B) Compensation.--The Chairs of the Panel may fix the 
     compensation of the executive director and other personnel 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of title 5 relating to the classification 
     of positions and General Schedule pay rates, except that the 
     rate of pay for the executive director and other personnel 
     may not exceed the rate payable for level V of the Executive 
     Schedule under section 5316 of such title.
       ``(2) Detail of government employees.--Any Federal 
     Government employee may be detailed to the Panel without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       ``(3) Procurement of temporary and intermittent services.--
     The Chairs of the Panel may procure temporary and 
     intermittent services under section 3109(b) of title 5 at 
     rates for individuals that do not exceed the daily equivalent 
     of the annual rate of basic pay for level V of the Executive 
     Schedule under section 5316 of such title.
       ``(4) Provision of information.--The Panel may request 
     directly from the Department of Defense and any of its 
     components such information as the Panel considers necessary 
     to carry out its duties under this section. The head of the 
     department or agency concerned shall cooperate with the Panel 
     to ensure that information requested by the Panel under this 
     paragraph is promptly provided to the maximum extent 
     practical.
       ``(5) Use of certain department of defense resources.--Upon 
     the request of the Chairs of the Panel, the Secretary of 
     Defense shall make available to the Panel the services of any 
     Federally-funded research and development center that is 
     covered by a sponsoring agreement of the Department of 
     Defense.
       ``(6) Funding.--Funds for activities of the Panel shall be 
     provided from amounts available to the Department of Defense.
       ``(e) Reports.--
       ``(1) Review of national defense strategic environment.--
     Not later than June 30 of a year following a year evenly 
     divisible by four, the Panel shall submit to the 
     congressional defense committees, the Secretary of Defense, 
     and the National Security Council a report containing the 
     results of the review conducted under subsection (c)(1) and 
     any recommendations or other matters that the Panel considers 
     appropriate.
       ``(2) Assessment of quadrennial defense review.--Not later 
     than 90 days after the date on which a report on a 
     quadrennial defense review is submitted to Congress under 
     section 118(d) of this title, the Panel shall submit to the 
     congressional defense committees and the Secretary of Defense 
     a report containing the results of the assessment conducted 
     under subsection (c)(3) and any recommendations or other 
     matters that the Panel considers appropriate.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 2 of such title is amended by inserting 
     after the item relating to section 118b adding at the end the 
     following new item:

``118c. Bipartisan independent strategic review panel.''.

       (b) Updates From Secretary of Defense on Progress of 
     Quadrennial Defense Review.--Section 118(f) of title 10, 
     United States Code, is amended to read as follows:
       ``(f) Updates to Bipartisan Independent Strategic Review 
     Panel.--The Secretary of Defense shall ensure that 
     periodically, but not less often than every 60 days, or at 
     the request of the Chairs of the bipartisan independent 
     strategic review panel established by section 118c(a) of this 
     title, the Department of Defense briefs the panel on the 
     progress of the conduct of a quadrennial defense review under 
     subsection (a).''.
       (c) Bipartisan Independent Strategic Review of the Army.--
       (1) Review required.--Not later than 30 days after the date 
     on which all initial members of the bipartisan independent 
     strategic review panel are appointed under section 118c(b) of 
     title 10, United States Code (as added by subsection (a)), 
     the Panel shall begin a review of the future of the Army.
       (2) Elements.--The review required under paragraph (1) 
     shall include a review and assessment of--
       (A) the validity and utility of the scenarios and planning 
     assumptions the Army used to develop the current force 
     structure of the Army;
       (B) such force structure and an evaluation of the adequacy 
     of such force structure for meeting the goals of the national 
     military strategy of the United States;
       (C) the size and structure of elements of the Army, in 
     particular the United States Army Training and Doctrine 
     Command, the United States Army Materiel Command, and corps 
     and higher headquarters elements;
       (D) potential alternative force structures of the Army; and
       (E) the resource requirements of each of the alternative 
     force structures analyzed by the Panel.
       (3) Report.--
       (A) Panel report.--Not later than one year after the date 
     on which the Panel begins the review required by paragraph 
     (1), the Panel shall submit to the congressional defense 
     committees and the Secretary of Defense a report containing 
     the findings and recommendations of the Panel, including any 
     recommendations concerning changes to the planned size and 
     composition of the Army.
       (B) Additional views.--The report required by subparagraph 
     (A) shall include any additional or dissenting views of a 
     member of the Panel that such member considers appropriate to 
     include in the report.
       (4) Definitions.--In this subsection:
       (A) The term ``Army'' includes the reserve components of 
     the Army.
       (B) The terms ``bipartisan independent strategic review 
     panel'' and ``Panel'' mean the bipartisan independent 
     strategic review panel established by section 118c(a) of 
     title 10, United States Code (as so added).
                                 ______
                                 
  SA 3129. Mr. LAUTENBERG (for himself and Mr. Rubio) 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. OUTREACH ON AVAILABILITY OF EDUCATIONAL AND 
                   VOCATIONAL COUNSELING.

       (a) Outreach.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall develop and implement an outreach plan to better inform 
     veterans about the availability of counseling services under 
     section 3697A of title 38, United States Code, in order to 
     achieve higher rates of utilization of such counseling 
     services.
       (2) Elements.--The plan required by paragraph (1) shall 
     include the following:
       (A) A more prominent notice on the Internet website of the 
     Department of Veterans Affairs of the availability of such 
     counseling services.
       (B) Use of social media and veterans service organizations.
       (C) Inclusion of information regarding such counseling 
     services in appropriate mailings from the Department.
       (b) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Veterans' Affairs of the Senate and the 
     Committee on Veterans' Affairs of the House of 
     Representatives a detailed report on the counseling services 
     provided under section 3697A of title 38, United States Code.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) The number of veterans who requested counseling 
     services under such section in fiscal years 2010, 2011, and 
     2012.
       (B) Specifics regarding the information that is provided to 
     veterans as part of such counseling services, including any 
     data provided on educational institutions.
       (C) Results of satisfaction surveys submitted by 
     individuals who have utilized such counseling services at any 
     time during the three-year period ending on the date of the 
     enactment of this Act for each individual contractor who 
     provided such counseling services on behalf of the Secretary 
     and a description of any action taken by the Secretary with 
     regard to specific contractors as a result of such 
     satisfaction surveys.
       (D) A description of the actions the Secretary intends to 
     undertake to increase the usage, availability, and quality of 
     such counseling services carried out through contractors.
       (E) Recommendations for such legislative and administration 
     action as the Secretary considers necessary to increase the 
     usage and availability of such counseling services.

     SEC. 1085. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING 
                   SYSTEM.

       (a) In General.--Chapter 36 of title 38, United States 
     Code, is amended by inserting after section 3693 the 
     following new section:

     ``Sec. 3693A. Complaint tracking system

       ``(a) Establishment.--Not later than 180 days after the 
     date of the enactment of this section, the Secretary shall 
     establish a system to collect, process, and track complaints 
     submitted to the Secretary by individuals who are enrolled in 
     programs of education at educational institutions to report 
     instances of fraud, waste, and abuse by such institutions 
     with respect to the benefits and services provided by such 
     institutions to such individuals.

[[Page S7105]]

       ``(b) Requirements.--This system established under 
     subsection (a) shall meet the following requirements:
       ``(1) The system shall create an individual case number for 
     each complaint processed and tracked in the system.
       ``(2) The system shall allow for the reporting of 
     complaints, disaggregated by educational institution.
       ``(3) The system shall allow for the reporting of 
     complaints, disaggregated by topic or subject matter.
       ``(4) The system shall allow for the submittal of 
     complaints by--
       ``(A) Internet website; and
       ``(B) telephone via a toll-free number that is available 
     every day at all hours.
       ``(5) The system shall allow for the sharing of complaints 
     with and between the following:
       ``(A) The educational institutions that are the subjects of 
     the complaints.
       ``(B) The Secretary of Education.
       ``(C) The Secretary of Defense.
       ``(D) State approving agencies.
       ``(E) Nationally or regionally recognized accrediting 
     agencies and associations.
       ``(F) Such other Federal agencies as the Secretary of 
     Veterans Affairs considers appropriate.
       ``(c) Outreach.--(1) The Secretary shall conduct such 
     outreach as may be necessary to inform individuals described 
     in subsection (a) of the system and process established under 
     such subsection.
       ``(2) In conducting outreach under paragraph (1), the 
     Secretary shall advise individuals of the kinds of complaints 
     that are appropriate for submittal for inclusion in the 
     system established under subsection (a).
       ``(d) Consideration.--Whenever the Secretary considers 
     whether to approve a course of education of an educational 
     institution under this chapter, the Secretary shall review 
     and take into consideration the complaints processed and 
     tracked by the system established under subsection (a) 
     regarding the educational institution.
       ``(e) Privacy.--(1) Whenever a complaint is shared under 
     subsection (b)(5), the complaint shall be anonymized, unless 
     the complainant gives permission to the Secretary to share 
     the complainant's identity.
       ``(2) The Secretary may not share a complaint under 
     subsection (b)(5) with an educational institution if the 
     complainant requests that such complaint not be shared with 
     an educational institution.''.
       (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 3693 the following new 
     item:

``3693A. Complaint tracking system.''.

                                 ______
                                 
  SA 3130. Mr. LAUTENBERG (for himself and Mr. Rubio) 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--VETERANS EDUCATION ASSISTANCE

     SEC. 1801. REQUIREMENT FOR PROVISION OF EDUCATIONAL 
                   COUNSELING TO INDIVIDUALS BEFORE SUCH 
                   INDIVIDUALS RECEIVE EDUCATIONAL ASSISTANCE 
                   PROVIDED UNDER LAWS ADMINISTERED BY SECRETARY 
                   OF VETERANS AFFAIRS.

       (a) In General.--Section 3697A of title 38, United States 
     Code, is amended--
       (1) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection (c):
       ``(c)(1) Except as provided in paragraph (2), in the case 
     of an individual described in subsection (b)(1), the 
     counseling services described in subsection (a) shall be 
     required to be provided to the individual before the 
     individual receives the educational assistance described in 
     such subsection.
       ``(2) The requirement to provide counseling services under 
     paragraph (1) shall not apply with respect to an individual 
     described in such paragraph who communicates to the 
     Secretary, before receiving educational assistance described 
     in such paragraph, that the individual declines the 
     counseling services provided under such paragraph.
       ``(3) For each individual to whom the Secretary provides 
     counseling services under paragraph (1), the Secretary shall 
     provide to the individual, as part of such services and to 
     the degree that information necessary to carry out this 
     paragraph is available to the Secretary, the following:
       ``(A) An explanation of the different types of 
     accreditation and State certification and licensure available 
     to educational institutions and programs of education and a 
     discussion of how such accreditation, certification, and 
     licensure can be important for meeting preconditions of 
     employment.
       ``(B) A discussion of how the various policies of 
     educational institutions regarding the transfer of academic 
     credit can affect the individual and what kinds of issues are 
     commonly encountered by students trying to transfer academic 
     credit.
       ``(C) An overview of Federal student aid programs, the 
     implications of incurring student loan debt, and discussion 
     of how receipt of Federal student aid can enable a student to 
     complete a program of education without incurring significant 
     educational debt.
       ``(D) An assessment of the type and amount of educational 
     assistance available to the individual under Federal law and 
     under the laws of the State in which the individual resides 
     and of any other State of the individual's choosing.
       ``(E) A discussion of the important role that academic 
     planning plays in completing a program of study.
       ``(F) A comprehensive list of educational institutions 
     located in the State in which the individual resides and in 
     any other State of the individual's choosing.
       ``(G) For each educational institution listed under 
     subparagraph (F), the following information, if available, in 
     a format that allows for easy comparison of educational 
     institutions:
       ``(i) Whether financial assistance is available to a 
     student enrolled in a program of education at the educational 
     institution under title IV of the Higher Education Act of 
     1965 (20 U.S.C. 1070 et seq.).
       ``(ii) The number of veterans enrolled in a program of 
     education at the educational institution who received 
     educational assistance under a law administered by the 
     Secretary in the most recently completed academic year.
       ``(iii) A list of--
       ``(I) academic and student support services provided by the 
     educational institution to students enrolled in programs of 
     education at the educational institution, including job 
     placement and career counseling services; and
       ``(II) special services or benefits currently provided by 
     the educational institution that address the unique needs of 
     veterans.
       ``(iv) With respect to the 3-year period ending at the end 
     of the most recently completed academic year, the median 
     amount of student loan debt held upon completion of a program 
     of education at the educational institution by veterans 
     described in clause (ii).
       ``(v) 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.
       ``(vi) With respect to the 3-year period ending at the end 
     of the most recently completed academic year--
       ``(I) the average number of veterans who received a degree 
     or certificate from the educational institution for 
     completing a program of education;
       ``(II) the average number of people who received a degree 
     or certificate from the educational institution for 
     completing a program of education;
       ``(III) the average number of veterans enrolled in programs 
     of education at the educational institution; and
       ``(IV) the average number of people enrolled in programs of 
     education at the educational institution.
       ``(vii) In the case of an educational institution that 
     offers a program of education designed to prepare people for 
     a State licensure exam, the percentage of such students who 
     take and pass such exam.
       ``(viii) For each program of education at the educational 
     institution, the average amount of tuition and fees the 
     educational institution charges a student for completing the 
     program of education within normal time (as defined in 
     section 668.41(a) of title 34, Code of Federal Regulations 
     (or any corresponding similar regulation or ruling)), the 
     typical costs for books and supplies (unless those costs are 
     included as part of tuition and fees), and the cost of room 
     and board, if applicable, and a calculation of how much of 
     such costs can be covered by educational assistance available 
     to the individual under laws administered by the Secretary.
       ``(ix) A description of the status of the accreditation of 
     the educational institution and each program of education 
     offered by the educational institution.
       ``(x) The median, for all veterans described in subsection 
     (b)(1) who complete a program of education at the education 
     institution that is an eligible program of training to 
     prepare students for employment in a recognized occupation, 
     of the duration of each period beginning on the date on which 
     a veteran completes a program of education at the educational 
     institution and the date on which the veteran first obtains 
     employment after completing such program.
       ``(xi) The median, for all people who complete a program of 
     education at the education institution that is an eligible 
     program of training to prepare students for employment in a 
     recognized occupation, of the duration of each period 
     beginning on the date on which a person completes a program 
     of education at the educational institution and the date on 
     which the person first obtains employment after completing 
     such program.
       ``(xii) The percentages of veterans and the percentages of 
     people enrolled in programs of education at the educational 
     institution who obtain a degree or certificate within--
       ``(I) the normal time for completion of, or graduate from, 
     the veteran's or person's program, as the case may be;

[[Page S7106]]

       ``(II) 150 percent of the normal time for completion of, or 
     graduation from, the veteran's or person's program, as the 
     case may be; and
       ``(III) 200 percent of the normal time for completion of, 
     or graduation from, the veteran's or person's program, as the 
     case may be.
       ``(xiii) The number of students enrolled in a program of 
     education at the educational institution and the number of 
     such students who submit a complaint to the Secretary under 
     section 3693A(a) of this title.
       ``(xiv) Whether the educational institution has been 
     reported by a Federal or State agency or a nationally or 
     regionally recognized accrediting agency or association as 
     failing to comply with, or has a significant risk of failing 
     to comply with, a provision of title IV of the Higher 
     Education Act of 1965 (20 U.S.C. 1070 et seq.).
       ``(xv) A description of the topics or subjects of the 3 
     most numerous complaints filed during the most recent 3-year 
     period under section 3693A of this title with respect to the 
     educational institution.
       ``(xvi) With respect to each of clauses (i) through (xiv), 
     how the educational institution compares with other 
     educational institutions as follows:
       ``(I) If the educational institution is a 4-year 
     educational institution, how the educational institution 
     compares with the average of all 4-year educational 
     institutions.
       ``(II) If the educational institution is a 2-year 
     educational institution, how the educational institution 
     compares with the average of all 2-year educational 
     institutions.
       ``(III) If the educational institution is a less than 2-
     year educational institution, how the educational institution 
     compares with the average of all less than 2-year educational 
     institutions.
       ``(xvii) Such other information as the Secretary considers 
     appropriate to assist the individual in selecting an 
     educational institution or training establishment as 
     described in subsection (a)(1).
       ``(4) To the extent such information is already available 
     to the agencies, the Secretary shall collect such information 
     as the Secretary requires to carry paragraph (3) from the 
     Secretary of Education, the Secretary of Defense, and the 
     heads of such other Federal agencies as the Secretary 
     considers appropriate.
       ``(5) The Secretary shall make available to the public on 
     an Internet website such information provided under paragraph 
     (3) as the Secretary considers appropriate.
       ``(6) Making information available under paragraphs (3) and 
     (5) shall not be required in a case in which the number of 
     students in a category is insufficient to yield statistically 
     reliable information or the results would reveal personally 
     identifiable information about a student.''.
       (b) Effective Date.--Subsection (a) shall take effect on 
     the date that is one year after the date of the enactment of 
     this Act and subsection (c) of section 3697A of such title, 
     as added by such subsection, shall apply with respect to 
     individuals who apply for educational assistance described in 
     subsection (b)(1) of such section on or after such date.

     SEC. 1802. REPEAL OF LIMITATION ON PAYMENTS FOR CONTRACT 
                   EDUCATIONAL AND VOCATIONAL COUNSELING PROVIDED 
                   BY SECRETARY OF VETERANS AFFAIRS.

       Section 3697 of title 38, United States Code, is amended--
       (1) by striking subsection (b); and
       (2) in subsection (a), by striking ``(a) Subject to 
     subsection (b) of this section, educational'' and inserting 
     ``Educational''.

     SEC. 1803. VETERANS' EDUCATION CONSUMER COMPLAINT TRACKING 
                   SYSTEM.

       (a) In General.--Chapter 36 of title 38, United States 
     Code, is amended by inserting after section 3693 the 
     following new section:

     ``Sec. 3693A. Complaint tracking system

       ``(a) Establishment.--Not later than 180 days after the 
     date of the enactment of this section, the Secretary shall 
     establish a system to collect, process, and track complaints 
     submitted to the Secretary by individuals receiving 
     educational assistance under laws administered by the 
     Secretary who are enrolled in programs of education at 
     educational institutions to report instances of fraud, waste, 
     and abuse by such institutions with respect to the benefits 
     and services provided by such institutions to such 
     individuals.
       ``(b) Requirements.--This system established under 
     subsection (a) shall meet the following requirements:
       ``(1) The system shall create an individual case number for 
     each complaint processed and tracked in the system.
       ``(2) The system shall allow for the reporting of 
     complaints, disaggregated by educational institution.
       ``(3) The system shall allow for the reporting of 
     complaints, disaggregated by topic or subject matter.
       ``(4) The system shall allow for the submittal of 
     complaints by--
       ``(A) Internet website; and
       ``(B) telephone via a toll-free number that is available 
     every day at all hours.
       ``(5) The system shall allow for the sharing of complaints 
     with the following:
       ``(A) The educational institutions that are the subjects of 
     the complaints.
       ``(B) The Secretary of Education.
       ``(C) The Secretary of Defense.
       ``(D) State approving agencies.
       ``(E) Nationally or regionally recognized accrediting 
     agencies and associations.
       ``(F) Such other Federal agencies as the Secretary of 
     Veterans Affairs considers appropriate.
       ``(c) Outreach.--The Secretary shall conduct such outreach 
     as may be necessary to inform individuals described in 
     subsection (a) of the system and process established under 
     such subsection.
       ``(d) Consideration by State Approving Agencies.--Whenever 
     a State approving agency considers whether to approve a 
     course of education of an educational institution under this 
     chapter, the State approving agency shall review and take 
     into consideration the complaints processed and tracked by 
     the system established under subsection (a) regarding the 
     educational institution.
       ``(e) Privacy.--(1) Whenever a complaint is shared under 
     subsection (b)(5), the complaint shall be anonymized, unless 
     the complainant gives permission to the Secretary to share 
     the complainant's identity.
       ``(2) The Secretary may not share a complaint under 
     subsection (b)(5) with an educational institution if the 
     complainant requests that such complaint not be shared with 
     an educational institution.''.
       (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 3693 the following new 
     item:

``3693A. Complaint tracking system.''.

                                 ______
                                 
  SA 3131. Mr. COBURN 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. STUDY ON ARMY SMALL ARMS AND AMMUNITION 
                   ACQUISITION.

       (a) Study.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     enter into a contract with a Federally Funded Research and 
     Development Center to conduct a study on the Army's 
     acquisition of small arms and ammunition to determine each of 
     the following:
       (A) A comparative evaluation of the Army's M16 rifle, M4 
     carbine, M9 pistol, and M249 light machine gun to other 
     rifles, carbines, pistols, and machine guns in use by special 
     operations forces, foreign militaries, and available 
     commercially.
       (B) An assessment of the Army's current plans to modernize 
     its small arms rifle, pistol, and light machine gun 
     inventories.
       (C) A comparative evaluation of the Army's standard 
     ammunition with other ammunition alternatives.
       (2) Factors to consider.--The study required under 
     subsection (a) shall take into consideration the following 
     factors:
       (A) The operational environment in Operations Iraqi Freedom 
     and Enduring Freedom.
       (B) Future operating environments as specified or referred 
     to in Department of Defense strategic planning documents.
       (C) Modifications and improvements recently introduced to 
     the M16, M4, and M249, as well as their potential for 
     continued development.
       (D) Industrial base impacts.
       (3) Access to information.--The Secretary of Defense and 
     the Secretary of the Army shall ensure that the Federally 
     Funded Research and Development Center conducting the study 
     required under subsection (a) has access to all necessary 
     data, records, analysis, personnel, and other resources 
     necessary to complete the study.
       (b) Report.--
       (1) In general.--Not later than September 30, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report containing--
       (A) the results of the study conducted under subsection 
     (a), together with the comments of the Secretary of Defense 
     on the findings contained in the study; and
       (B) comments of the Secretary of the Army on the findings 
     contained in the study.
       (2) Classified annex.--The report shall be in unclassified 
     form, but may contain a classified annex.
       (c) Small Arms and Ammunition Defined.--In this section, 
     the term ``small arms and ammunition'' means firearms up to 
     and including .50 caliber and shotguns and ammunition or 
     ordnance for such firearms.
                                 ______
                                 
  SA 3132. Mr. COONS 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:

[[Page S7107]]

     SEC. 1084. TECHNICAL AMENDMENTS RELATING TO THE TERMINATION 
                   OF THE ARMED FORCES INSTITUTE OF PATHOLOGY 
                   UNDER DEFENSE BASE CLOSURE AND REALIGNMENT.

       Section 177 of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``those professional 
     societies'' and all that follows through ``the Armed Forces 
     Institute of Pathology'' and inserting ``the professional 
     societies and organizations that support the activities of 
     the American Registry of Pathology''; and
       (B) in paragraph (3), by striking ``with the concurrence of 
     the Director of the Armed Forces Institute of Pathology'';
       (2) in subsection (b)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2), (3), (4), and (5) as 
     paragraphs (1), (2), (3), and (4), respectively; and
       (C) in paragraph (2), as redesignated by subparagraph (B)--
       (i) by striking ``accept gifts and grants from and''; and
       (ii) by inserting ``and accept gifts and grants from such 
     entities'' before the semicolon; and
       (3) in subsection (d), by striking ``to the Director'' and 
     all that follows through ``it deems desirable,'' and 
     inserting ``annually to its Board and supporting 
     organizations referred to in subsection (a)(2)''.
                                 ______
                                 
  SA 3133. Ms. SNOWE (for herself, Ms. Landrieu, Mr. Coburn, and Mr. 
Kerry) 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. NATIONAL VETERANS BUSINESS DEVELOPMENT 
                   CORPORATION.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by striking section 33 (15 U.S.C. 657c).
       (b) Corporation.--On and after the date of enactment of 
     this Act, the National Veterans Business Development 
     Corporation and any successor thereto may not represent that 
     the corporation is federally chartered or in any other manner 
     authorized by the Federal Government.
       (c) Technical and Conforming Amendments.--
       (1) Small business act.--The Small Business Act (15 U.S.C. 
     631 et seq.), as amended by this section, is amended--
       (A) by redesignating sections 34 through 45 as sections 33 
     through 44, respectively;
       (B) in section 9(k)(1)(D) (15 U.S.C. 638(k)(1)(D)), by 
     striking ``section 34(d)'' and inserting ``section 33(d)'';
       (C) in section 33 (15 U.S.C. 657d), as so redesignated--
       (i) by striking ``section 35'' each place it appears and 
     inserting ``section 34'';
       (ii) in subsection (a)--

       (I) in paragraph (2), by striking ``section 35(c)(2)(B)'' 
     and inserting ``section 34(c)(2)(B)'';
       (II) in paragraph (4), by striking ``section 35(c)(2)'' and 
     inserting ``section 34(c)(2)''; and
       (III) in paragraph (5), by striking ``section 35(c)'' and 
     inserting ``section 34(c)''; and

       (iii) in subsection (h)(2), by striking ``section 35(d)'' 
     and inserting ``section 34(d)'';
       (D) in section 34 (15 U.S.C. 657e), as so redesignated--
       (i) by striking ``section 34'' each place it appears and 
     inserting ``section 33''; and
       (ii) in subsection (c)(1), by striking section 
     ``34(c)(1)(E)(ii)'' and inserting section 
     ``33(c)(1)(E)(ii)'';
       (E) in section 36(d) (15 U.S.C. 657i(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42'';
       (F) in section 39(d) (15 U.S.C. 657l(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''; and
       (G) in section 40(b) (15 U.S.C. 657m(b)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''.
       (2) Title 10.--Section 1142(b)(13) of title 10, United 
     States Code, is amended by striking ``and the National 
     Veterans Business Development Corporation''.
       (3) Title 38.--Section 3452(h) of title 38, United States 
     Code, is amended by striking ``any of the'' and all that 
     follows and inserting ``any small business development center 
     described in section 21 of the Small Business Act (15 U.S.C. 
     648), insofar as such center offers, sponsors, or cosponsors 
     an entrepreneurship course, as that term is defined in 
     section 3675(c)(2).''.
       (4) Food, conservation, and energy act of 2008.--Section 
     12072(c)(2) of the Food, Conservation, and Energy Act of 2008 
     (15 U.S.C. 636g(c)(2)) is amended by striking ``section 43 of 
     the Small Business Act, as added by this Act'' and inserting 
     ``section 42 of the Small Business Act (15 U.S.C. 657o)''.
       (5) Veterans entrepreneurship and small business 
     development act of 1999.--Section 203(c)(5) of the Veterans 
     Entrepreneurship and Small Business Development Act of 1999 
     (15 U.S.C. 657b note) is amended by striking ``In cooperation 
     with the National Veterans Business Development Corporation, 
     develop'' and inserting ``Develop''.
                                 ______
                                 
  SA 3134. Mr. DeMINT (for himself and Mr. Corker) 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 XII, add the following:

     SEC. 1233. REPORT ON ATTACKS ON UNITED STATES MISSIONS IN 
                   LIBYA, EGYPT, AND YEMEN.

       (a) Findings.--Congress makes the following findings:
       (1) Congress condemns in the strongest terms possible the 
     attacks on the United States diplomatic missions in Libya, 
     Egypt, and Yemen.
       (2) The American people mourn the loss of our selfless 
     public servants and offer our heartfelt condolences to the 
     families of those killed in Benghazi, Libya.
       (b) Reports on Attacks at United States Missions in Libya, 
     Egypt, and Yemen.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a report on the September 11, 2012, attack on the United 
     States Consulate in Benghazi, Libya, the attacks on the 
     United States Embassy in Cairo, Egypt, that began on 
     September 11, 2012, the September 13, 2012, attack on the 
     United States Embassy in Sana'a, Yemen, and the state of 
     security at United States diplomatic missions globally.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) An accounting of the events that occurred beginning on 
     September 11, 2012, at the United States Embassy in Cairo, 
     Egypt, and the United States Consulate in Benghazi, Libya, 
     and on September 13, 2012, at the United States Embassy in 
     Sana'a Yemen.
       (B) An accounting of whether the United States Government 
     had actionable intelligence before the attacks on the United 
     States Embassy in Cairo, the United States Consulate in 
     Benghazi, and the United States Embassy in Sana'a, including 
     recommendations for changes in resources, collection, and 
     analysis in the future.
       (C) A statement on and assessment of the responsiveness of 
     the respective governments' security forces once the attacks 
     began.
       (D) An assessment of the diplomatic security response in 
     each of the affected locations and whether different actions 
     could have prevented or mitigated the attacks.
       (E) An assessment of the level of cooperation by the 
     Governments of Egypt, Libya, and Yemen into the 
     investigations of the attacks and their efforts to find and 
     hold responsible the perpetrators involved.
       (F) An assessment of the state of security at United States 
     embassies and consulates globally.
       (G) An annex to include all cables, emails, and other 
     communications regarding the security situation in Benghazi 
     prior to and since the attack on the United States consulate 
     and annex facility.
       (c) Report on Recommended Changes to Security Procedures at 
     United States Embassies and Consulates.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the appropriate congressional committees a report 
     containing recommendations for improving security operations 
     at United States embassies and consulates globally.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) Recommendations for improving the hiring and training 
     of security personnel at United States embassies and 
     consulates globally.
       (B) Recommendations for improving the collection and 
     sharing of intelligence on credible threats to United States 
     embassies and consulates globally.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Foreign Relations and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Foreign Affairs and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (d) Form.--The reports submitted under subsections (b) and 
     (c) shall be submitted in unclassified form, but may contain 
     a classified annex.
                                 ______
                                 
  SA 3135. Ms. MURKOWSKI 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

[[Page S7108]]

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

       On page 502, line 7, strike ``2013'' and insert ``2014''.
                                 ______
                                 
  SA 3136. Ms. MURKOWSKI 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 506, beginning on line 2, strike ``Air Force 
     assigned to'' and all that follows through line 4 and insert 
     the following: ``Air Force, the Air National Guard, or the 
     Air Force Reserve as of May 31, 2012, including any 
     activities carried out pursuant to the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).''.
                                 ______
                                 
  SA 3137. Ms. MURKOWSKI 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 title XVII, add the following:

     SEC. 1711. RETENTION OF LEADERSHIP RANK, AIRCRAFT, AND CORE 
                   FUNCTIONS OF THE 354TH FIGHTER WING AND THE 
                   18TH AGGRESSOR SQUADRON AT EIELSON AIR FORCE 
                   BASE, ALASKA.

       (a) In General.--The Secretary of the Air Force shall 
     retain the current leadership rank, aircraft and core 
     functions of the 354th Fighter Wing and the 18th Aggressor 
     Squadron at Eielson Air Force Base, Alaska, with the same 
     integrated mission elements, responsibilities, and 
     capabilities as existed as of November 1, 2011, until the 
     later of--
       (1) October 1, 2013; or
       (2) the date that is 180 days after the National Commission 
     on the Structure of the Air Force submits to the 
     congressional defense committees the report required under 
     section 1703.
       (b) Rule of Construction.--Nothing in this section shall be 
     construed to relieve the Secretary of the Air Force of the 
     obligation to comply with any other conditions precedent in 
     law or regulation which govern any proposed modification to 
     current operations at Eielson Air Force Base after the dates 
     referred to in paragraphs (1) and (2) of subsection (a).
                                 ______
                                 
  SA 3138. Ms. MURKOWSKI 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. INCLUSION OF CERTAIN PSYCHOLOGISTS AS QUALIFIED TO 
                   SERVE AS PSYCHOLOGISTS UNDER THE TRICARE 
                   PROGRAM.

       (a) In General.--Notwithstanding any other provision of 
     law, Psychological Associates, licensed by the State of 
     Alaska, shall be treated as psychologists for purposes of 
     participation in the TRICARE program while providing services 
     within their lawful scope of practice to eligible 
     beneficiaries under the TRICARE program in the State of 
     Alaska.
       (b) TRICARE Program Defined.--In this section, the term 
     ``TRICARE program'' has the meaning given that term in 
     section 1072(7) of title 10, United States Code.
                                 ______
                                 
  SA 3139. Mr. BARRASSO (for himself, Mr. Lee, and 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 XII, add the following:

     SEC. 1246. STATUS OF PALESTINIAN MISSION TO UNITED NATIONS.

       (a) Findings.--Congress makes the following findings:
       (1) The Oslo II Agreement, Wye River Memo, and Sharm el-
     Sheikh Memo all prohibit either party from ``chang[ing] the 
     status of the West Bank and the Gaza Strip'' prior to the 
     completion of permanent status negotiations.
       (2) According to the Congressional Research Service, the 
     United States has committed over $4,000,000,000 in bilateral 
     assistance to the Palestinians since the mid-1990s.
       (3) According to at least one media report, the number of 
     rockets and mortars fired at Israel from Gaza as of November 
     22, 2012, is more than 2,300.
       (b) Reduced Assistance to Palestinian Authority for 
     Undermining Israeli-palestinian Permanent Status 
     Negotiations.--The President shall reduce by 50 percent the 
     total United States assistance provided to the Palestinian 
     Authority if it seeks at any time after November 25, 2012, at 
     the United Nations General Assembly or any other United 
     Nations entity status different than the status it held on 
     November 25, 2012.
       (c) Reduced Assistance to Any United Nations Entity 
     Undermining Israeli-palestinian Permanent Status 
     Negotiations.--The President shall withhold 50 percent of the 
     total appropriated contributions to any United Nations entity 
     if that entity grants at any time after November 25, 2012, to 
     the Palestinian mission a status different than the status 
     the Palestinian mission held on November 25, 2012.
       (d) Reduced Assistance to Countries Undermining Israeli-
     palestinian Permanent Status Negotiations.--The President 
     shall reduce by 20 percent the total United States assistance 
     provided to any country voting after November 25, 2012, at 
     the United Nations in favor of--
       (1) granting a Palestinian entity status as a Member State;
       (2) granting a Palestinian entity observer status as a non-
     Member State; or
       (3) otherwise altering the status of the Permanent Observer 
     Mission of Palestine to the United Nations so as to grant it 
     a status that interferes with the resolution of permanent 
     status issues between Israel and the Palestinian Authority.
       (e) Duration of Reduced Aid.--
       (1) First fiscal year.--Assistance shall be reduced under 
     subsection (b), (c), or (d) for the fiscal year in which the 
     conditions of such subsection are met.
       (2) Subsequent fiscal years.--
       (A) Assistance to palestinian authority or united nations 
     entity.--Assistance shall continue to be reduced pursuant to 
     subsections (b) and (c) in each subsequent fiscal year until 
     permanent status issues between Israel and the Palestinian 
     Authority are fully resolved.
       (B) Assistance to countries undermining status 
     negotiations.--Assistance shall continue to be reduced 
     pursuant to subsection (d) until the country subject to the 
     restriction subsequently votes at the United Nations to 
     revert the status of the Palestinian mission back to the 
     status it held on November 25, 2012.
       (f) Presidential Waiver.--The President may exempt a 
     country from the restriction described in subsection (d) if 
     the President determines such exemption is in the national 
     security interests of the United States and submits to 
     Congress a written statement explaining such national 
     security interest.
                                 ______
                                 
  SA 3140. Mr. WARNER 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 NIGHT VISION EXPORT CONTROL REGULATIONS.

       (a) Updating of Export Regulations.--The Secretary of 
     Defense shall review and revise the Department of Defense's 
     night vision export regulations and specifications to ensure 
     a robust domestic manufacturing capability.
       (b) Report.--Not later than March 1, 2013, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report describing actions taken to update the Department of 
     Defense's night vision export regulations pursuant to 
     subsection (a).
                                 ______
                                 
  SA 3141. Mr. WARNER 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. MINIMUM NUMBER OF PERSONNEL FOR THE JOINT 
                   WARFIGHTING ANALYSIS CENTER.

       The minimum number of personnel for the Joint Warfighting 
     Analysis Center (JWAC) may not be less than 450.
                                 ______
                                 
  SA 3142. 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,

[[Page S7109]]

and for defense activities of the Department of Energy, to prescribe 
military 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 DEPARTMENT OF DEFENSE SUPPORT FOR UNITED 
                   STATES DIPLOMATIC SECURITY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in coordination with the Secretary of State, submit to 
     the Committees on Armed Services of the Senate and the House 
     of Representatives a report on the findings of the ongoing 
     Department of Defense review of defense support of United 
     States diplomatic security.
       (b) Elements.--The report required by subsection (a) shall 
     include, but not be limited to, such findings and 
     recommendations as the Secretaries consider appropriate with 
     respect to the following:
       (1) Department of Defense authorities, directives, and 
     guidelines in support of diplomatic security.
       (2) Interagency processes and procedures to identify, 
     validate, and resource diplomatic security support required 
     from the Department of Defense.
       (3) Department of Defense roles, missions, and resources 
     required to fulfill requirements for United States diplomatic 
     security, including, but not limited to the following:
       (A) Marine Corps Embassy Security Guard detachments.
       (B) Training and advising host nation security forces for 
     diplomatic security.
       (C) Intelligence collection to prevent and respond to 
     threats to diplomatic security.
       (D) Security assessments of diplomatic missions.
       (E) Support of emergency action planning.
       (F) Rapid response forces to respond to threats to 
     diplomatic security.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 3143. Ms. MURKOWSKI 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. CONGRESSIONAL REQUESTS UNDER THE FREEDOM OF 
                   INFORMATION ACT.

       (a) Definitions.--In this section, the following 
     definitions shall apply:
       (1) Congressional request.--The term ``congressional 
     request'' means a request submitted by a member of Congress 
     to the Secretary under section 552 of title 5, United States 
     Code (commonly known as the ``Freedom of Information Act'') 
     that relates to activities of the Department of Defense in 
     the State represented by the member of Congress.
       (2) Member of congress.--The term ``member of Congress'' 
     means a member of the Senate or the House of Representatives, 
     a Delegate to the House of Representatives, and the Resident 
     Commissioner from Puerto Rico.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.
       (4) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, and American Samoa.
       (b) Response to Congressional Requests.--The Secretary 
     shall process congressional requests in accordance with the 
     time limitations under section 552(a)(6) of title 5, United 
     States Code, including, as applicable, subparagraphs (D) and 
     (E) of such section 552(a)(6).
       (c) Fees Prohibited.--The Secretary may not charge a fee in 
     connection with any congressional request.
       (d) Notification of Status of Congressional Requests.--The 
     Secretary shall notify a member of Congress of the status of 
     a congressional request submitted by the member of Congress--
       (1) at reasonable intervals; and
       (2) upon the request of the member of Congress.
       (e) Information.--If the Secretary denies a congressional 
     request, in whole or in part, the Secretary shall provide to 
     the member of Congress who submitted the congressional 
     request--
       (1) a particularized description of any document or 
     information to which access is denied; and
       (2) the reasons for the denial.
                                 ______
                                 
  SA 3144. Mr. WEBB (for himself, Mr. Brown of Massachusetts, and Mr. 
Lieberman) 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, add the following:

                      DIVISION E--STOLEN VALOR ACT

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Stolen Valor Act of 
     2012''.

     SEC. 5002. FINDINGS.

       Congress find the following:
       (1) Because of the great respect in which military service 
     and military awards are rightfully held by the public, false 
     claims of receiving such medals or serving in the military 
     are especially likely to be harmful and material to 
     employers, voters in deciding to whom paid elective positions 
     should be entrusted, and in the award of contracts.
       (2) Military service and military awards are held in such 
     great respect that public and private decisions are correctly 
     influenced by claims of heroism.
       (3) False claims of military service or military heroism 
     are an especially noxious means of obtaining something of 
     value because they are particularly likely to cause tangible 
     harm to victims of fraud.
       (4) False claims of military service or the receipt of 
     military awards, if believed, are especially likely to 
     dispose people favorably toward the speaker.
       (5) False claims of military service or the receipt of 
     military awards are particularly likely to be material and 
     cause people to part with money or property. Even if such 
     claims are unsuccessful in bringing about this result, they 
     still constitute attempted fraud.
       (6) False claims of military service or the receipt of 
     military awards that are made to secure appointment to the 
     board of an organization are likely to cause harm to such 
     organization through their obtaining the services of an 
     individual who does not bring to that organization what he or 
     she claims, and whose falsehood, if discovered, would cause 
     the organization's donors concern that the organization's 
     board might not manage money honestly.
       (7) The easily verifiable nature of false claims regarding 
     military service or the receipt of military awards, the 
     relative infrequency of such claims, and the fact that false 
     claims of having served in the military or received such 
     awards are rightfully condemned across the political 
     spectrum, it is especially likely that any law prohibiting 
     such false claims would not be enforced selectively.
       (8) Congress may make criminal the false claim of military 
     service or the receipt of military awards based on its powers 
     under article I, section 8, clause 2 of the Constitution of 
     the United States, to raise and support armies, and article 
     I, section 8, clause 18 of the Constitution of the United 
     States, to enact necessary and proper measures to carry into 
     execution that power.

     SEC. 5003. MILITARY MEDALS OR DECORATIONS.

       Section 704 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 704. Military medals or decorations

       ``(a) In General.--Whoever knowingly purchases, attempts to 
     purchase, solicits for purchase, mails, ships, imports, 
     exports, produces blank certificates of receipt for, 
     manufactures, sells, attempts to sell, advertises for sale, 
     trades, barters, or exchanges for anything of value any 
     decoration or medal authorized by Congress for the Armed 
     Forces of the United States, or any of the service medals or 
     badges awarded to the members of such forces, or the ribbon, 
     button, or rosette of any such badge, decoration, or medal, 
     or any colorable imitation thereof, except when authorized 
     under regulations made pursuant to law, shall be fined under 
     this title, imprisoned for not more than 6 months, or both.
       ``(b) False Claims to the Receipt of Military Decorations, 
     Medals, or Ribbons and False Claims Relating to Military 
     Service in Order to Secure a Tangible Benefit or Personal 
     Gain.--
       ``(1) In general.--Whoever, with the intent of securing a 
     tangible benefit or personal gain, knowingly, falsely, and 
     materially represents himself or herself through any written 
     or oral communication (including a resume) to have served in 
     the Armed Forces of the United States or to have been awarded 
     any decoration, medal, ribbon, or other device authorized by 
     Congress or pursuant to Federal law for the Armed Forces of 
     the United States, shall be fined under this title, 
     imprisoned for not more than 6 months, or both.
       ``(2) Tangible benefit or personal gain.--For purposes of 
     this subsection, the term `tangible benefit or personal gain' 
     includes--
       ``(A) a benefit relating to military service provided by 
     the Federal Government or a State or local government;
       ``(B) public or private employment;
       ``(C) financial remuneration;
       ``(D) an effect on the outcome of a criminal or civil court 
     proceeding;
       ``(E) election of the speaker to paying office; and
       ``(F) appointment to a board or leadership position of a 
     non-profit organization.
       ``(c) Definition.--In this section, the term `Armed Forces 
     of the United States' means the Army, Navy, Air Force, Marine 
     Corps, and Coast Guard, including the reserve components 
     named in section 10101 of title 10.''.

     SEC. 5004. SEVERABILITY.

       If any provision of this division, any amendment made by 
     this division, or the application of such provision or 
     amendment to

[[Page S7110]]

     any person or circumstance is held to be unconstitutional, 
     the remainder of the provisions of this division, the 
     amendments made by this division, and the application of such 
     provisions or amendments to any person or circumstance shall 
     not be affected.
                                 ______
                                 
  SA 3145. Mr. WARNER 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. STUDY ON ABILITY OF NATIONAL AIR AND GROUND TEST 
                   AND EVALUATION INFRASTRUCTURE FACILITIES TO 
                   SUPPORT DEFENSE HYPERSONIC TEST AND EVALUATION 
                   ACTIVITIES.

       (a) Study Required.--The Director of the Office of Science 
     and Technology Policy, working with the Secretary of Defense 
     and the Administrator of the National Aeronautics and Space 
     Administration (NASA), shall conduct a study on the ability 
     of Department of Defense and NASA air and ground test and 
     evaluation infrastructure facilities and private ground test 
     and evaluation infrastructure facilities, including wind 
     tunnels and air test ranges, as well as associated 
     instrumentation, to support defense hypersonic test and 
     evaluation activities for the short and long term.
       (b) Report and Plan.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate congressional committees a report 
     containing the results of the study required under subsection 
     (a) together with a plan for requirements and proposed 
     investments to meet Department of Defense needs through 2025.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) An assessment of the current condition and adequacy of 
     the hypersonics test and evaluation infrastructure within the 
     Department of Defense, NASA, and the private sector to 
     support hypersonic research and development within the 
     Department of Defense.
       (B) An identification of test and evaluation infrastructure 
     that could be used to support Department of Defense 
     hypersonic research and development outside the Department 
     and assess means to ensure the availability of such 
     capabilities to the Department in the present and future.
       (C) A time-phased plan to acquire required hypersonics 
     research, development, test and evaluation capabilities, 
     including identification of the resources necessary to 
     acquire any needed capabilities that are currently not 
     available.
       (3) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Armed Services and the Committee on 
     Commerce, Science, and Transportation of the Senate; and
       (B) the Committee on Armed Services and the Committee on 
     Science, Space, and Technology of the House of 
     Representatives.
                                 ______
                                 
  SA 3146. Mr. WARNER (for himself and Mr. Cornyn) 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 XII, add the following:

     SEC. 1246. BILATERAL DEFENSE TRADE RELATIONSHIP WITH INDIA.

       (a) Report.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     articulates the vision of the Department of Defense for 
     defense trade relations between the United States and India 
     within the context of the overall bilateral defense 
     relationship.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) A description of the Department's approach for 
     normalizing defense trade.
       (B) An assessment of the defense capabilities that the 
     Secretary believes the Government of India should acquire in 
     order to enhance cooperation and coordination with the United 
     States Government on matters of shared security interests.
       (b) Comprehensive Policy Review.--
       (1) In general.--The Secretary of Defense shall lead a 
     comprehensive policy review to examine the feasibility of 
     engaging in co-production and co-development defense projects 
     with India.
       (2) Scope.--The policy review should--
       (A) examine the parameters and requirements for United 
     States-India cooperation as well as the terms and conditions 
     India must fulfill to broach such cooperation; and
       (B) consider potential areas of cooperation, including the 
     possibility of co-producing a training aircraft to succeed 
     the United States Air Force's T-38 aircraft and co-developing 
     counter-IED technology or individual soldier capabilities.
       (c) Sense of Congress on International Initiatives.--It is 
     the sense of Congress that the Department of Defense should--
       (1) conduct a review of all United States-India bilateral 
     working groups dealing with high technology transfers, 
     including technology security and licensing for dual-use and 
     munitions licenses, and determine the feasibility of 
     establishing a single United States Government working group 
     dedicated to strategic technology trade;
       (2) engage counterparts in the Government of India in an 
     intensified dialogue on the current challenges related to the 
     compatibility of the Foreign Military Sales and direct 
     commercial sales programs with the Indian Defense Procurement 
     Procedure (DPP), and steps to improve compatibility;
       (3) engage counterparts in the Government of India in a 
     dialogue about the elements of an effective defense 
     industrial base, including personnel training, quality 
     assurance, and manufacturing procedures;
       (4) consider the establishment of orientation programs for 
     new defense officials in the Government of India about the 
     procedures for United States defense sales, including 
     licensing processes; and
       (5) continue and deepen ongoing efforts to assist the 
     Government of India in developing its defense acquisition 
     expertise by assisting with the development of training 
     institutions and human capital.
                                 ______
                                 
  SA 3147. Mr. HARKIN 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. REPORT ON STANDARDS FOR AUDITORY FITNESS-FOR-DUTY 
                   OF MEMBERS OF THE ARMED FORCES.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Secretaries of the military 
     departments--
       (1) develop auditory fitness-for-duty standards for members 
     of the Armed Forces on active duty that accurately reflect 
     essential operational requirements for such members, as well 
     as available accommodations to meet such standards; and
       (2) submit to the Committees on Armed Services of the 
     Senate and the House of Representatives a report on the 
     updated standards to be used by the military departments to 
     determine the auditory fitness-for-duty of members of the 
     Armed Forces on active duty.
       (b) Elements in Connection With Updated Standards.--If an 
     updated standard to be used for determining the auditory 
     fitness-for-duty of members of the Armed Forces on active 
     duty differs from a standard currently or recently used for 
     that purpose, the report shall include a description of the 
     difference between the two standards and an assessment of the 
     impact of such updated standard on members of the Armed 
     Forces on active duty who have auditory impairments.
                                 ______
                                 
  SA 3148. Mr. HARKIN 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. PILOT PROGRAM ON ACCESSION OF CANDIDATES WITH 
                   AUDITORY IMPAIRMENTS AS AIR FORCE OFFICERS IN 
                   CRITICAL MILITARY SPECIALTIES.

       (a) Pilot Program Required.--Commencing not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of the Air Force shall carry out a pilot program to 
     assess the feasibility and advisability of permitting 
     individuals with auditory impairments (including deafness) to 
     access as officers of the Air Force in order to fill the 
     needs of the Air Force for officers in critical military 
     specialties.
       (b) Candidates.--
       (1) Number of candidates.--The number of individuals with 
     auditory impairments who may participate in the pilot program 
     shall be not less than 15 individuals and not more than 20 
     individuals.
       (2) Mix and range of auditory impairments.--The individuals 
     who participate in the pilot program shall include 
     individuals who are deaf and individuals having a range of 
     other auditory impairments.
       (3) Qualification for accession.--Any individual who 
     participates in the pilot program shall meet all essential 
     qualifications

[[Page S7111]]

     for accession as an officer in the Air Force, other than 
     those relating to having an auditory impairment.
       (c) Basic Training.--The individuals who participate in the 
     pilot program shall undergo, at the election of the 
     Secretary, the Basic Officer Training course or the 
     Commissioned Officer Training course at Maxwell Air Force 
     Base, Alabama.
       (d) Specialty To Which Assignable.--An individual 
     participating in the pilot program who successfully completes 
     the training course selected for the individual under 
     subsection (c) shall be assigned, at the election of the 
     Secretary, to a specialty for which the individual is 
     otherwise qualified as follows:
       (1) Judge advocate.
       (2) A specialty performing intelligence functions.
       (3) A specialty performing medical functions, dental 
     functions, medical service functions, nursing functions, or 
     biomedical science functions.
       (4) A specialty performing chaplain functions.
       (5) Any other critical military specialty of the Air Force 
     specified by the Secretary for purposes of the pilot program.
       (e) Report.--Not later than two years after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report on the pilot 
     program. The report shall include the following:
       (1) A description of the pilot program and the participants 
     in the pilot program.
       (2) The outcomes of the pilot program.
       (3) Such recommendations for legislative or administrative 
     action as the Secretary considers appropriate in light of the 
     pilot program.
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Health, Education, Labor, and Pensions, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Education and the Workforce, and the Committee on 
     Appropriations of the House of Representatives.
                                 ______
                                 
  SA 3149. Mr. UDALL of New Mexico (for himself 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:

       At the appropriate place, insert the following:

     SEC. ___. CLAIMS RELATING TO URANIUM MINING.

       (a) References.--Except as otherwise specifically provided, 
     whenever in this section an amendment or repeal is expressed 
     in terms of an amendment to or repeal of a section or other 
     provision of law, the reference shall be considered to be 
     made to a section or other provision of the Radiation 
     Exposure Compensation Act (Public Law 101-426; 42 U.S.C. 2210 
     note).
       (b) Dates.--
       (1) Employees of mines and mills.--Section 5(a)(1)(A)(i) is 
     amended by striking ``December 31, 1971; and'' and inserting 
     ``December 31, 1990; or''.
       (2) Dates of operation of uranium mine.--Section 5(a)(2)(A) 
     is amended by striking ``December 31, 1971'' and inserting 
     ``December 31, 1990''.
       (c) Claims Relating to Atmospheric Testing.--
       (1) Leukemia claims relating to trinity test in new 
     mexico.--Section 4(a)(1)(A) is amended--
       (A) in clause (i)--
       (i) in subclause (II)--

       (I) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (II) by striking ``or'' after the semicolon;

       (ii) by redesignating subclause (III) as subclause (IV); 
     and
       (iii) by inserting after subclause (II) the following:

       ``(III) was physically present in an affected area for the 
     period beginning on June 30, 1945, and ending on July 31, 
     1945; or''; and

       (B) in clause (ii)(I), by striking ``physical presence 
     described in subclause (I) or (II) of clause (i) or onsite 
     participation described in clause (i)(III)'' and inserting 
     ``physical presence described in subclause (I), (II), or 
     (III) of clause (i) or onsite participation described in 
     clause (i)(IV)''.
       (2) Specified diseases claims relating to trinity test in 
     new mexico.--Section 4(a)(2) is amended--
       (A) in subparagraph (A), by striking ``in the affected 
     area'' and inserting ``in an affected area'';
       (B) in subparagraph (B)--
       (i) by striking ``in the affected area'' and inserting ``in 
     an affected area''; and
       (ii) by striking ``or'' at the end;
       (C) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (D) by inserting after subparagraph (B) the following:
       ``(C) was physically present in an affected area for the 
     period beginning on June 30, 1945, and ending on July 31, 
     1945; or''.
       (3) Definition.--Section 4(b)(1) is amended to read as 
     follows:
       ``(1) `affected area' means--
       ``(A) except as provided under subparagraph (B)--
       ``(i) in the State of Utah, the counties of Washington, 
     Iron, Kane, Garfield, Sevier, Beaver, Millard, Wayne, San 
     Juan, and Piute;
       ``(ii) in the State of Nevada, the counties of White Pine, 
     Nye, Lander, Lincoln, Eureka, and that portion of Clark 
     County that consists of townships 13 through 16 at ranges 63 
     through 71; and
       ``(iii) in the State of Arizona, the counties of Coconino, 
     Yavapai, Navajo, Apache, and Gila, and that part of Arizona 
     that is north of the Grand Canyon; and
       ``(B) with respect to a claim by an individual under 
     subsection (a)(1)(A)(i)(III) or (2)(C), only the counties of 
     De Baca, Guadalupe, Lincoln, Otero, San Miguel, Socorro, and 
     Torrance in New Mexico.''.
       (4) Conforming amendments.--Section 6 is amended--
       (A) in subsection (c)(2)(A)(i), by striking ``in the 
     affected area'' and inserting ``in an affected area''; and
       (B) in subsection (e), by striking ``in the affected area'' 
     and inserting ``in an affected area''.
                                 ______
                                 
  SA 3150. Mr. UDALL of New Mexico (for himself, Mr. Schumer, 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:

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

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

       (a) Procurement of Photovoltaic Devices.--The Secretary of 
     Defense shall ensure that each contract described in 
     subsection (b) awarded by the Department of Defense includes 
     a provision requiring any photovoltaic devices installed 
     pursuant to the contract, or pursuant to a subcontract under 
     the contract, to comply with the provisions of chapter 83 of 
     title 41, United States Code (commonly known as the ``Buy 
     American Act''), without regard to whether the contract 
     results in ownership of the photovoltaic devices by the 
     Department.
       (b) Covered Contracts.--The contracts described in this 
     subsection include energy savings performance contracts, 
     utility service contracts, power purchase agreements, land 
     leases, and private housing contracts pursuant to which any 
     photovoltaic devices are--
       (1) installed on property or in a facility owned by the 
     Department of Defense; and
       (2) generate power consumed predominantly by the Department 
     and counted toward Federal renewable energy purchase 
     requirements.
       (c) Compliance With International Obligations.--Subsection 
     (a) shall be applied in a manner consistent with the 
     obligations of the United States under international 
     agreements.
       (d) Photovoltaic Devices Defined.--In this section, the 
     term ``photovoltaic devices'' means devices that convert 
     light directly into electricity.
       (e) Effective Date.--This section applies to photovoltaic 
     devices procured or installed on or after the date that is 30 
     days after the date of the enactment of the this Act pursuant 
     to contracts entered into on or after such date of enactment.
       (f) Sunset.--
       (1) In general.--This section shall expire on the date that 
     is one year after the date of the enactment of this Act.
       (2) Continuing effectiveness of contracts after sunset.--
     Nothing in paragraph (1) shall be construed to terminate the 
     effectiveness after the sunset date provided for in that 
     paragraph of any contract awarded by the Department of 
     Defense and subject the provisions of this section while such 
     contract remains in force.
       (g) Construction With Other Authority.--Nothing in this 
     section shall be construed to terminate the effectiveness of 
     the applicability of the provisions of the section 846 of the 
     Ike Skelton National Defense Authorization Act for Fiscal 
     Year 2011 (10 U.S.C. 2534 note) to contracts that are awarded 
     by the Department of Defense before the effective date 
     provided for in subsection (e) or after the sunset date 
     provided for in subsection (f)(2).
                                 ______
                                 
  SA 3151. Mr. UDALL of New Mexico (for himself 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:


[[Page S7112]]


       On page 308, between lines 10 and 11, insert the following:

     SEC. 924A. USE OF NATIONAL SECURITY LABORATORIES IN 
                   DEVELOPMENT OF THE NEXT-GENERATION HOST-BASED 
                   CYBERSECURITY SYSTEM.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) cybersecurity is a top priority of the United States; 
     and
       (2) the national security laboratories of the National 
     Nuclear Security Administration are a national resource that 
     can be used to develop effective solutions to cybersecurity 
     challenges.
       (b) Collaboration Required.--The Chief Information Officer 
     of the Department of Defense and the Under Secretary of 
     Defense for Acquisition, Technology, and Logistics shall 
     collaborate with the Administrator for Nuclear Security to 
     use the research, engineering, and technological resources of 
     the national security laboratories in developing the strategy 
     to acquire next-generation host-based cybersecurity tools and 
     capabilities for the Department of Defense required by 
     section 924(a).
       (c) National Security Laboratory Defined.--In this section, 
     the term ``national security laboratory'' has the meaning 
     given that term in section 3281 of the National Nuclear 
     Security Administration Act (50 U.S.C. 2471).
                                 ______
                                 
  SA 3152. Mr. UDALL of New Mexico (for himself 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:

       On page 50, between lines 18 and 19, insert the following:
       (2) shall include with the estimate under paragraph (1)--
       (A) an estimate of the costs of using and upgrading 
     existing United States Government foundries for defense use; 
     and
       (B) an assessment whether it is more cost effective to use 
     and upgrade existing United States Government foundries for 
     shared use when compared with developing and building the 
     Next Generation Foundry for the Defense Microelectronics 
     Activity, which assessment shall--
       (i) include an analysis of existing foundries of the 
     National Nuclear Security Administration;
       (ii) identify any program or function that would be 
     duplicated by the Next Generation foundry; and
       (iii) assess the value of maintaining such duplication and 
     whether increasing existing United States Government 
     capabilities is a more cost effective solution to meet 
     mission requirements; and
                                 ______
                                 
  SA 3153. Mr. UDALL of New Mexico (for himself 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:

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

     SEC. 1084. ESTABLISHMENT OF NATIONAL CENTER FOR ALGAL 
                   BIOTECHNOLOGY.

       (a) In General.--The Secretary of Defense and the Secretary 
     of Energy shall jointly select, on a competitive basis, from 
     among organizations described in subsection (d), an 
     organization to serve as a National Center for Algal 
     Biotechnology.
       (b) Purposes.--The purposes of the National Center for 
     Algal Biotechnology shall be--
       (1) to advance research and development in support of the 
     strategic goals of the Department of Defense relating to 
     energy production and technology development for national 
     defense under the Defense Production Act of 1950 (50 U.S.C. 
     App. 2061 et seq.); and
       (2) to advance research relating to energy independence and 
     other national security objectives, as determined by the 
     Secretary of Defense and the Secretary of Energy.
       (c) Duties.--The National Center for Algal Biotechnology 
     shall--
       (1) foster innovation, education, and entrepreneurial 
     activities to support the commercialization of bio algae fuel 
     and improve its cost effectiveness;
       (2) work to integrate a phenomics, transcriptomics, 
     proteomics, and metabolomics pipeline into an existing 
     facility that focuses on algal biotechnology research; and
       (3) partner with algae test-bed and production facilities.
       (d) Organizations Described.--An organization described in 
     this subsection is an organization that--
       (1) is described in section 501(c)(3) of the Internal 
     Revenue Code of 1986 that is exempt from taxation under 
     section 501(a) of such Code; and
       (2) has a preexisting relationship with a federally funded 
     research and development center.
                                 ______
                                 
  SA 3154. Mr. UDALL of New Mexico (for himself 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:

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

     SEC. 1084. IDENTIFICATION OF OPPORTUNITIES FOR BIOFUELS 
                   RESEARCH AND REPORT ON USE OF BIOFUELS BY THE 
                   DEPARTMENT OF DEFENSE.

       (a) Identification of Opportunities to Increase Biofuels 
     Research.--The Secretary of Energy and the Secretary of 
     Defense shall jointly identify and assess opportunities to 
     increase research relating to biofuels at the national 
     laboratories of the Department of Energy with the goals of 
     decreasing the cost of biofuels for use by the Department of 
     Defense and decreasing the dependence of the United States on 
     foreign sources of fuel.
       (b) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     assessing the extent to which the use of biofuels by the 
     Department of Defense could offset the increasing fossil fuel 
     demand of the Department.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) A projection of the fuel demands of each military 
     department during the five-year period beginning on the date 
     of the enactment of this Act that includes--
       (i) the type of fuel expected to be used;
       (ii) the expected annual usage; and
       (iii) projected transportation costs.
       (B) An assessment of opportunities for the military 
     departments to decrease the use of fossil fuels.
                                 ______
                                 
  SA 3155. Ms. MURKOWSKI 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 B of title I, add the following:

     SEC. 112. SMALL UNIT SUPPORT VEHICLE.

       (a) Findings.--Congress makes the following findings:
       (1) The Secretary of Defense has directed a strategic shift 
     in focus for the Department of Defense to the Asia-Pacific 
     Theatre.
       (2) The only Arctic regions of the United States are within 
     the Asia-Pacific Theatre.
       (3) The conditions presented by terrain in Arctic regions 
     is the harshest on the earth, and the Armed Forces must be 
     able to operate in the conditions caused by such terrain.
       (4) Unique equipment is needed to be able to effectively 
     survive and operate in such conditions.
       (5) Among the unique equipment used by Army units to 
     operate in such conditions is the Small Unit Support Vehicle 
     (SUSV).
       (6) The Small Unit Support Vehicle is no longer a program 
     of record among the acquisition programs of the Army, and 
     there are no current plans to acquire new models of the Small 
     Unit Support Vehicle.
       (7) The Canadian equivalent of the Small Unit Support 
     Vehicle was successfully used in combat in Afghanistan in 
     2002 in harsh terrain.
       (8) Military units currently using the Small Unit Support 
     Vehicle must use a method of ``cannibalization'' that pulls 
     parts from other vehicles in order to repair inoperable ones.
       (9) If a solution to the problem of inadequate supplies of 
     replacement parts for the Small Unit Support Vehicle is not 
     found, there will be a gap in national security of the United 
     States.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Army shall submit 
     to the congressional defense committees a report setting 
     forth the following:
       (1) An assessment of the current and anticipated 
     requirements of the Army for a vehicle that can operate in 
     rugged terrain and in extreme climates such as those in the 
     Arctic.
       (2) An assessment of the current supply chain for the Small 
     Unit Support Vehicle.
       (3) An assessment of the needs of the Army for a new 
     vehicle that meets the requirements of both the regular and 
     the reserve components of the Army for operations in rugged 
     terrain and extreme conditions such as those in the Arctic.
                                 ______
                                 
  SA 3156. Ms. MURKOWSKI 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

[[Page S7113]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to prescribe military 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. REPORT ON PROPOSED ACTIVITIES AT EIELSON AIR FORCE 
                   BASE, ALASKA.

       (a) In General.--Prior to the commencement of procedures 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) related to the transfer of aircraft, the 
     demolition of facilities and infrastructure, or the 
     modification in leadership rank, core functions, mission 
     elements, responsibilities, and capabilities of Eielson Air 
     Force Base, Alaska, as they existed as of November 1, 2011, 
     the Secretary of Defense, in consultation with the Secretary 
     of Homeland Security, shall submit to the congressional 
     defense committees a report on the rationale for such 
     transfer, demolition, or modification.
       (b) Content.--The report required under subsection (a) 
     shall include--
       (1) an analysis of the strategic value of Eielson Air Force 
     Base to operations in the Pacific Area of Responsibility and 
     elsewhere;
       (2) the usefulness of Eielson Air Force Base to potential 
     future missions, including military and humanitarian missions 
     in a changing Arctic region;
       (3) the basing of F-35 aircraft;
       (4) the potential for relocation of combat coded aircraft 
     from overseas bases;
       (5) maintenance and expansion of the North Pacific air 
     refueling bridge;
       (6) remote piloted vehicle basing; and
       (7) proximity of Eielson Air Force Base to the Joint 
     Pacific Alaska Range Complex.
                                 ______
                                 
  SA 3157. Ms. MURKOWSKI 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 title XXVII, add the following:

     SEC. 2705. INCLUSION OF CERTAIN MODIFICATIONS TO CORE 
                   FUNCTIONS OR AIRCRAFT AT MILITARY INSTALLATIONS 
                   IN DEFINITION OF REALIGNMENT.

       Section 2687(e)(3) of title 10, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, except that such term does include a reduction 
     of force resulting from a modification in core functions or 
     aircraft at an Air Force installation during fiscal years 
     2013, 2014, or 2015 that otherwise meets the criteria of 
     subsection (a)''.
                                 ______
                                 
  SA 3158. Mr. CORNYN 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. PLAN TO PARTNER WITH STATE AND LOCAL ENTITIES TO 
                   ADDRESS VETERANS CLAIMS BACKLOG.

       (a) Findings.--Congress makes the following findings:
       (1) The Department of Veterans Affairs defines any claim 
     for benefits under laws administered by the Secretary of 
     Veterans Affairs as backlogged if the claim has been pending 
     for 125 days or more.
       (2) According to the Department, as of November 24, 2012, 
     there were 899,540 pending claims, with 604,583 (67.2 
     percent) of those considered backlogged.
       (3) The Department's data further shows that, on November 
     22, 2010, there were 749,934 claims pending, with only 
     244,129 (32.6 percent) of those considered backlogged.
       (4) During the past two years, both the overall number of 
     backlogged claims and the percentage of all pending claims 
     that are backlogged have doubled.
       (5) In order to reduce the claims backlog at regional 
     offices of the Department of Veterans Affairs located in 
     Texas, the Texas Veterans Commission announced two 
     initiatives on July 19, 2012, to partner with the Department 
     of Veterans Affairs--
       (A) to assist veterans whose claims are already backlogged 
     to complete development of those claims; and
       (B) to help veterans who are filing new claims to fully 
     develop those claims prior to filing them, shortening the 
     processing time required.
       (6) The common goal of the two initiatives of the Texas 
     Veterans Commission, called the ``Texas State Strike Force 
     Team'' and the ``Fully Developed Claims Team Initiative'', is 
     to reduce the backlog of claims pending in Texas by 17,000 
     within one year.
       (7) During the first two months of these new initiatives, 
     the Texas Veterans Commission helped veterans complete 
     development of more than 2,500 backlogged claims and assisted 
     veterans with the submission of more than 800 fully developed 
     claims.
       (8) In testimony before the Subcommittee on Disability 
     Assistance and Memorial Affairs of the Committee on Veterans' 
     Affairs of the House of Representatives on September 21, 
     2012, Diana Rubens, Deputy Under Secretary for Field 
     Operations of the Veterans Benefits Administration, indicated 
     that the Department of Veterans Affairs has experienced 
     positive outcomes in projects with the Texas Veterans 
     Commission, stating that both Veterans Service Organizations 
     ``and state and county service officers . . . are important 
     partners in VBA's transformation to better serve Veterans.''.
       (9) At the same hearing, Mr. John Limpose, director of the 
     regional office of the Department of Veterans Affairs in 
     Waco, Texas, testified that the ``TVC is working very, very 
     well'' with regional offices of the Department in Texas, 
     calling the Texas Veterans Commission a ``very positive story 
     that we can branch out into . . . all of our stakeholders.''.
       (b) Report.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Veterans Affairs 
     shall submit to Congress a plan to reduce the current backlog 
     of pending claims for benefits under laws administered by the 
     Secretary and more efficiently process claims for such 
     benefits in the future.
       (2) Contents.--The report required by paragraph (1) shall 
     include the following:
       (A) A summary of all steps the Secretary has taken thus far 
     to partner with non-Federal entities in support of efforts to 
     reduce the backlog described in paragraph (1) and more 
     efficiently process claims described in such paragraph in the 
     future, including two previous initiatives by the Texas 
     Veterans Commission, namely the 2008-2009 Development 
     Assistant Pilot Project and the 2009-2011 Claims Processing 
     Assistance Team.
       (B) A plan for the Secretary to partner with non-Federal 
     entities to support efforts to reduce such backlog and more 
     efficiently process such claims in the future, including the 
     following:
       (i) State and local agencies relating to veterans affairs.
       (ii) Organizations recognized by the Secretary for the 
     representation of veterans under section 5902 of title 38, 
     United States Code.
       (iii) Such other relevant government and non-government 
     entities as the Secretary considers appropriate.
       (C) A description of how the Secretary intends to leverage 
     partnerships with non-Federal entities described in 
     subparagraph (B) to eliminate such backlog, including through 
     increasing the percentage of claims that are fully developed 
     prior to submittal to the Secretary and ensuring that new 
     claims are fully developed prior to their submittal.
       (D) A description of what steps the Secretary has taken and 
     will take--
       (i) to expedite the processing of claims that are already 
     fully developed at the time of submittal; and
       (ii) to support initiatives by non-Federal entities 
     described in subparagraph (B) to help claimants gather and 
     submit necessary evidence for claims that were previously 
     filed but require further development.
       (E) A description of how partnerships with non-Federal 
     entities described in subparagraph (B) will fit into the 
     Secretary's overall claims processing transformation plan.
                                 ______
                                 
  SA 3159. Mr. GRAHAM 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 I, add the following:

     SEC. 146. MQ-9 REAPER UNMANNED AERIAL VEHICLES.

       (a) Additional Amount for Air Force Procurement.--The 
     amount authorized to be appropriated for fiscal year 2013 by 
     section 101 is hereby increased by $36,800,000, with the 
     amount of the increase to be available for amounts authorized 
     to be appropriated by that section and available for 
     procurement for the Air Force for procurement of unmanned 
     aerial vehicles as specified in the funding table in section 
     4101.
       (b) Availability.--The amount authorized and made available 
     by subsection (a) may be obligated and expended for the 
     procurement of an MQ-9 Reaper unmanned aerial vehicle.
                                 ______
                                 
  SA 3160. Mr. BROWN of Massachusetts 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 176, line 8, insert before the period the 
     following: ``, unless the transition results

[[Page S7114]]

     in a permanent change of station and shipment of household 
     goods''.
                                 ______
                                 
  SA 3161. Mr. CONRAD 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. NATIONAL PUBLIC AWARENESS AND PARTICIPATION 
                   CAMPAIGN FOR VETERANS' HISTORY PROJECT OF 
                   AMERICAN FOLKLIFE CENTER.

       (a) In General.--The Director of the American Folklife 
     Center at the Library of Congress shall carry out a national 
     public awareness and participation campaign for the program 
     required by section 3(a) of the Veterans' Oral History 
     Project Act (20 U.S.C. 2142(a)). Such campaign shall provide 
     for the following:
       (1) Encouraging the people of the United States, veterans 
     organizations, community groups, and national organizations 
     to participate in such program.
       (2) Ensuring greater awareness and participation throughout 
     the United States in such program.
       (3) Providing meaningful opportunities for learning about 
     the experiences of veterans.
       (4) Assisting in the readjustment and successful 
     reintegration of veterans into civilian life after service in 
     the Armed Forces.
       (b) Coordination and Cooperation.--To the degree 
     practicable, the Director shall, in carrying out the campaign 
     required by subsection (a), coordinate and cooperate with 
     veterans service organizations.
       (c) Veterans Service Organization Defined.--In this 
     section, the term ``veterans service organization'' means any 
     organization recognized by the Secretary of Veterans Affairs 
     for the representation of veterans under section 5902 of 
     title 38, United States Code.
                                 ______
                                 
  SA 3162. Mr. CONRAD 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. COORDINATION OF ACTIVITIES ON RESEARCH, PREVENTION, 
                   AND TREATMENT RELATING TO POST-TRAUMATIC STRESS 
                   DISORDER.

       (a) Designation of Coordinating Organization.--The 
     President shall designate, and may redesignate from time to 
     time, the head of an appropriate department or agency of the 
     Federal Government to coordinate all research activities and 
     prevention and treatment efforts undertaken or funded by the 
     Executive Branch of the Federal Government on post-traumatic 
     stress disorder.
       (b) Public Advisory Committee.--
       (1) In general.--Not later than June 27, 2013, the head of 
     the department or agency designated under subsection (a) 
     shall establish an advisory committee to provide advice to 
     the head of that department or agency on proposed studies, 
     plans, or strategies relating to research activities and 
     prevention and treatment efforts described in such 
     subsection.
       (2) Composition.--The advisory committee established under 
     paragraph (1) shall consist of consisting of the following:
       (A) Members of the general public.
       (B) Experts in the field of mental health.
       (C) Veterans who served in the Armed Forces on active duty 
     and were deployed in connection with a contingency operation 
     (as defined in section 101 of title 10, United States Code) 
     after September 1, 2001.
       (D) Representatives of such veterans.
       (E) Representatives of Government departments or agencies 
     conducting research activities or prevention or treatment 
     described in subsection (a).
       (3) Consultation.--The department or agency head described 
     in paragraph (1) shall consult with the advisory committee 
     established under such paragraph on a regular basis.
       (c) Report.--Not later than March 1 of each year, the head 
     of the department or agency designated under subsection (a) 
     shall submit to the appropriate committees of Congress a 
     report on the status and results of all research, prevention, 
     and treatment activities undertaken by or for the Executive 
     Branch of the Federal Government during the previous year 
     relating to post-traumatic stress disorder.
       (d) Public Availability of Research Findings.--The head of 
     the department or agency designated under subsection (a) 
     shall ensure that the findings of all research conducted by 
     or for the Executive Branch relating to post-traumatic stress 
     disorder research, prevention, and treatment activities are 
     made available to the public through peer-reviewed medical 
     journals, the World Wide Web, and other appropriate media.
       (e) Outreach.--The head of the department or agency 
     designated under subsection (a) shall ensure that appropriate 
     departments consult and coordinate in carrying out an ongoing 
     program to provide information to veterans described in 
     subsection (b)(2)(C) relating to the following:
       (1) The kinds of physical and mental conditions and 
     injuries that have been incurred by members of the Armed 
     Forces and veterans as a result of service described in 
     subsection (b)(2)(C), particularly with respect to post-
     traumatic stress.
       (2) Any services or benefits available with respect to such 
     conditions and injuries.
       (f) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Veterans' Affairs of the House of Representatives.
                                 ______
                                 
  SA 3163. Mr. WARNER 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 NIGHT VISION EXPORT CONTROL REGULATIONS.

       (a) Updating of Export Regulations.--The Secretary of 
     Defense shall review and revise the Department of Defense's 
     night vision export regulations and specifications to ensure 
     a robust domestic manufacturing capability.
       (b) Report.--Not later than March 1, 2013, the Secretary of 
     Defense shall submit to the congressional defense committees 
     a report describing actions taken to update the Department of 
     Defense's night vision export regulations pursuant to 
     subsection (a).
                                 ______
                                 
  SA 3164. Mr. LEVIN 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. AUTHORITY TO TRANSFER DEFENSE ARTICLES AND PROVIDE 
                   DEFENSE SERVICES TO THE MILITARY AND SECURITY 
                   FORCES OF AFGHANISTAN AND CERTAIN OTHER 
                   COUNTRIES.

       (a) Nonexcess Articles and Related Services.--The Secretary 
     of Defense may, with the concurrence of the Secretary of 
     State, transfer nonexcess defense articles from the stocks of 
     the Department of Defense, without reimbursement from the 
     government of the recipient country, and provide defense 
     services in connection with the transfer of such defense 
     articles, as follows:
       (1) To the military and security forces of Afghanistan to 
     support the efforts of those forces to restore and maintain 
     peace and security in that country.
       (2) To the military and security forces of Yemen to support 
     the efforts of those forces to conduct counterterrorism 
     operations and counter al Qaeda in the Arabian Peninsula.
       (3) To the military and security forces of Somalia and 
     other countries in the East Africa region to support the 
     efforts of those forces to conduct counterterrorism and 
     postconflict stability operations in Somalia.
       (b) Limitations.--
       (1) Value.--The aggregate replacement value of all defense 
     articles transferred and defense services provided in 
     connection with such defense articles under subsection (a) in 
     any fiscal year may not exceed $250,000,000.
       (2) Source of transferred articles.--The authority under 
     subsection (a) may only be used for defense articles that--
       (A) were present in Afghanistan as of the date of the 
     enactment of this Act;
       (B) immediately before transfer were in use to support 
     operations in Afghanistan; and
       (C) are no longer required by United States forces in 
     Afghanistan.
       (c) Applicable Law.--Any defense articles transferred or 
     defense services provided under the authority of subsection 
     (a) shall be subject to the authorities and limitations 
     applicable to excess defense articles under section 516 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), other 
     than the authorities and limitations in subsections 
     (b)(1)(B), (e), (f), and (g) of such section.
       (d) Report Required Before Exercise of Authority.--
       (1) In general.--The Secretary of Defense may not exercise 
     the authority under subsection (a) until 15 days after the 
     Secretary submits to the appropriate committees of Congress a 
     report on the equipment and other property of the Department 
     of Defense in Afghanistan.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following:

[[Page S7115]]

       (A) A description of the process for inventorying equipment 
     and property, including defense articles, in Afghanistan 
     owned by the Department of Defense, including equipment and 
     property owned by the Department and under the control of 
     contractors in Afghanistan.
       (B) An estimate of the types and quantities of equipment 
     and property of the Department of Defense, including defense 
     articles, anticipated to be withdrawn from Afghanistan in 
     connection with the drawdown of United States military forces 
     from Afghanistan between the date of the enactment of this 
     Act and December 31, 2014, including equipment and property 
     owned by the Department and under the control of contractors 
     in Afghanistan.
       (e) Notice on Exercise of Authority.--
       (1) In general.--The Secretary of Defense may not transfer 
     defense articles or provide defense services under subsection 
     (a) until 15 days after the date on which the Secretary of 
     Defense, with the concurrence of the Secretary of State, 
     submits to the appropriate committees of Congress notice of 
     the proposed transfer of defense articles and provision of 
     defense services.
       (2) Elements.--A notice under paragraph (1) shall include 
     the following:
       (A) A description of the amount and types of defense 
     articles to be transferred and defense services to be 
     provided.
       (B) A statement describing the current value of the defense 
     articles to be transferred and the estimated replacement 
     value of such articles.
       (C) An identification of the element of the military or 
     security force that is the proposed recipient of the defense 
     articles to be transferred and defense service to be 
     provided.
       (D) An identification of the military department from which 
     the defense articles to be transferred are to be drawn.
       (E) An assessment of the impact, if any, of the transfer of 
     defense articles on the readiness of units from which the 
     defense articles are to be transferred, and the plan, if any, 
     for mitigating such impact or reimbursing the military 
     department of such units for such defense articles.
       (F) An assessment of the ability of the recipient 
     government to sustain the costs associated with receiving, 
     possessing, and using the defense articles to be transferred.
       (G) A determination and certification by the Secretary of 
     Defense that--
       (i) the proposed transfer of the defense articles to be 
     transferred and the provision of defense services to be 
     provided in connection with such transfer is in the national 
     interest of the United States;
       (ii) for the transfer of defense articles under the 
     authority in subsection (a)(1), such defense articles are 
     required by the military and security forces of Afghanistan 
     to build their capacity to restore and maintain peace and 
     security in that country;
       (iii) for the transfer of defense articles and provision of 
     defense services under the authority in subsection (a)(2), 
     the transfer of such defense articles and provision of such 
     defense services will contribute significantly to building 
     key capacities of the military and security forces of Yemen 
     required to conduct counterterrorism operations and counter 
     al Qaeda in the Arabian Peninsula; and
       (iv) for the transfer of defense articles and provision of 
     defense services under the authority in subsection (a)(3), 
     the transfer of such defense articles and provision of such 
     defense services will contribute significantly to building 
     key capabilities of the military and security forces of the 
     recipient country to conduct counterterrorism and 
     postconflict stability operations in Somalia.
       (f) Quarterly Reports.--
       (1) In general.--Not later than 90 days after the date of 
     the first transfer of defense articles and provision of 
     defense services under the authority in subsection (a), and 
     at the end of each calendar quarter, if any, thereafter 
     through March 31, 2015, in which the authority in subsection 
     (a) is exercised, the Secretary of Defense shall submit to 
     the appropriate committees of Congress a report on the 
     implementation of the authority in subsection (a). Each 
     report shall include the replacement value of the defense 
     articles transferred pursuant to subsection (a), both in the 
     aggregate and by military department, and defense services 
     provided to recipient countries, during the 90-day period 
     ending on the date of such report.
       (2) Inclusion in other report.--A report required under 
     paragraph (1) may be included in the report required under 
     section 9204 of the Supplemental Appropriations Act, 2008 
     (Public Law 110-252; 122 Stat. 2410) or any follow on report 
     to such other report.
       (g) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (2) Defense articles.--The term ``defense articles'' has 
     the meaning given the term in section 644(d) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(d)).
       (3) Defense services.--The term ``defense services'' has 
     the meaning given the term in section 644(f) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2403(f)).
       (4) Military and security forces.--The term ``military and 
     security forces'' means national armies, national air forces, 
     national navies, national guard forces, police forces, and 
     border security forces, but does not include nongovernmental 
     or irregular forces (such as private militias).
       (5) East africa region.--The term ``East Africa region'' 
     means Burundi, Djibouti, Ethiopia, Kenya, Somalia, and 
     Uganda.
       (h) Expiration.--The authority provided in subsection (a) 
     may not be exercised after December 31, 2014.
       (i) Excess Defense Articles.--
       (1) Additional authority.--The authority provided by 
     subsection (a) is in addition to the authority provided by 
     section 516 of the Foreign Assistance Act of 1961.
       (2) Exemptions.--(A) During fiscal years 2013 and 2014, the 
     value of excess defense articles transferred from the stocks 
     of the Department of Defense in Afghanistan to Afghanistan, 
     Yemen, Somalia, or other countries in the East Africa region 
     pursuant to section 516 of the Foreign Assistance Act of 1961 
     shall not be counted against the limitation on the aggregate 
     value of excess defense articles transferred contained in 
     subsection (g) of such section.
       (B) During fiscal years 2013 and 2014, any excess defense 
     articles specified in subparagraph (A) shall not be subject 
     to the authorities and limitations applicable to excess 
     defense articles under section 516 of the Foreign Assistance 
     Act of 1961 contained in subsections (b)(1)(B) and (e) of 
     such section.
       (3) Construction equipment.--Notwithstanding section 644(g) 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(g)) and 
     section 2562 of title 10, United States Code, construction 
     equipment from the stocks of the Department of Defense in 
     Afghanistan may be transferred as excess defense articles 
     under section 516 of the Foreign Assistance Act of 1961 and 
     subject to the provisions of this subsection.
                                 ______
                                 
  SA 3165. Mr. REED (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, add the following:

              DIVISION E--HOUSING ASSISTANCE FOR VETERANS

     SEC. 5001. SHORT TITLE.

       This division may be cited as the ``Housing Assistance for 
     Veterans Act of 2012'' or the ``HAVEN Act''.

     SEC. 5002. DEFINITIONS.

       In this division:
       (1) Disabled.--The term ``disabled'' means an individual 
     with a disability, as defined by section 12102 of title 42, 
     United States Code.
       (2) Eligible veteran.--The term ``eligible veteran'' means 
     a disabled or low-income veteran.
       (3) Energy efficient features or equipment.--The term 
     ``energy efficient features or equipment'' means features of, 
     or equipment in, a primary residence that help reduce the 
     amount of electricity used to heat, cool, or ventilate such 
     residence, including insulation, weatherstripping, air 
     sealing, heating system repairs, duct sealing, or other 
     measures.
       (4) Low-income veteran.--The term ``low-income veteran'' 
     means a veteran whose income does not exceed 80 percent of 
     the median income for an area, as determined by the 
     Secretary.
       (5) Nonprofit organization.--The term ``nonprofit 
     organization'' means an organization that is--
       (A) described in section 501(c)(3) or 501(c)(19) of the 
     Internal Revenue Code of 1986; and
       (B) exempt from tax under section 501(a) of such Code.
       (6) Primary residence.--
       (A) In general.--The term ``primary residence'' means a 
     single family house, a duplex, or a unit within a multiple-
     dwelling structure that is an eligible veteran's principal 
     dwelling and is owned by such veteran or a family member of 
     such veteran.
       (B) Family member defined.--For purposes of this paragraph, 
     the term ``family member'' includes--
       (i) a spouse, child, grandchild, parent, or sibling;
       (ii) a spouse of such a child, grandchild, parent, or 
     sibling; or
       (iii) any individual related by blood or affinity whose 
     close association with a veteran is the equivalent of a 
     family relationship.
       (7) Qualified organization.--The term ``qualified 
     organization'' means a nonprofit organization that provides 
     nationwide or State-wide programs that primarily serve 
     veterans or low-income individuals.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (9) Veteran.--The term ``veteran'' has the same meaning as 
     given such term in section 101 of title 38, United States 
     Code.
       (10) Veterans service organization.--The term ``veterans 
     service organization'' means any organization recognized by 
     the Secretary of Veterans Affairs for the representation of 
     veterans under section 5902 of title 38, United States Code.

[[Page S7116]]

     SEC. 5003. ESTABLISHMENT OF A PILOT PROGRAM.

       (a) Grant.--
       (1) In general.--The Secretary shall establish a pilot 
     program to award grants to qualified organizations to 
     rehabilitate and modify the primary residence of eligible 
     veterans.
       (2) Coordination.--The Secretary shall work in conjunction 
     with the Secretary of Veterans Affairs to establish and 
     oversee the pilot program and to ensure that such program 
     meets the needs of eligible veterans.
       (3) Maximum grant.--A grant award under the pilot program 
     to any one qualified organization shall not exceed $1,000,000 
     in any one fiscal year, and such an award shall remain 
     available until expended by such organization.
       (b) Application.--
       (1) In general.--Each qualified organization that desires a 
     grant under the pilot program shall submit an application to 
     the Secretary at such time, in such manner, and, in addition 
     to the information required under paragraph (2), accompanied 
     by such information as the Secretary may reasonably require.
       (2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       (A) a plan of action detailing outreach initiatives;
       (B) the approximate number of veterans the qualified 
     organization intends to serve using grant funds;
       (C) a description of the type of work that will be 
     conducted, such as interior home modifications, energy 
     efficiency improvements, and other similar categories of 
     work; and
       (D) a plan for working with the Department of Veterans 
     Affairs and veterans service organizations to identify 
     veterans and serve their needs.
       (3) Preferences.--In awarding grants under the pilot 
     program, the Secretary shall give preference to a qualified 
     organization--
       (A) with experience in providing housing rehabilitation and 
     modification services for disabled veterans; or
       (B) that proposes to provide housing rehabilitation and 
     modification services for eligible veterans who live in rural 
     areas (the Secretary, through regulations, shall define the 
     term ``rural areas'').
       (c) Criteria.--In order to receive a grant award under the 
     pilot program, a qualified organization shall meet the 
     following criteria:
       (1) Demonstrate expertise in providing housing 
     rehabilitation and modification services for disabled or low-
     income individuals for the purpose of making the homes of 
     such individuals accessible, functional, and safe for such 
     individuals.
       (2) Have established outreach initiatives that--
       (A) would engage eligible veterans and veterans service 
     organizations in projects utilizing grant funds under the 
     pilot program; and
       (B) identify eligible veterans and their families and 
     enlist veterans involved in skilled trades, such as 
     carpentry, roofing, plumbing, or HVAC work.
       (3) Have an established nationwide or State-wide network of 
     affiliates that are--
       (A) nonprofit organizations; and
       (B) able to provide housing rehabilitation and modification 
     services for eligible veterans.
       (4) Have experience in successfully carrying out the 
     accountability and reporting requirements involved in the 
     proper administration of grant funds, including funds 
     provided by private entities or Federal, State, or local 
     government entities.
       (d) Use of Funds.--A grant award under the pilot program 
     shall be used--
       (1) to modify and rehabilitate the primary residence of an 
     eligible veteran, and may include--
       (A) installing wheelchair ramps, widening exterior and 
     interior doors, reconfigurating and re-equipping bathrooms 
     (which includes installing new fixtures and grab bars), 
     removing doorway thresholds, installing special lighting, 
     adding additional electrical outlets and electrical service, 
     and installing appropriate floor coverings to--
       (i) accommodate the functional limitations that result from 
     having a disability; or
       (ii) if such residence does not have modifications 
     necessary to reduce the chances that an elderly, but not 
     disabled person, will fall in their home, reduce the risks of 
     such an elderly person from falling;
       (B) rehabilitating such residence that is in a state of 
     interior or exterior disrepair; and
       (C) installing energy efficient features or equipment if--
       (i) an eligible veteran's monthly utility costs for such 
     residence is more than 5 percent of such veteran's monthly 
     income; and
       (ii) an energy audit of such residence indicates that the 
     installation of energy efficient features or equipment will 
     reduce such costs by 10 percent or more;
       (2) in connection with modification and rehabilitation 
     services provided under the pilot program, to provide 
     technical, administrative, and training support to an 
     affiliate of a qualified organization receiving a grant under 
     such pilot program; and
       (3) for other purposes as the Secretary may prescribe 
     through regulations.
       (e) Oversight.--The Secretary shall direct the oversight of 
     the grant funds for the pilot program so that such funds are 
     used efficiently until expended to fulfill the purpose of 
     addressing the adaptive housing needs of eligible veterans.
       (f) Matching Funds.--
       (1) In general.--A qualified organization receiving a grant 
     under the pilot program shall contribute towards the housing 
     modification and rehabilitation services provided to eligible 
     veterans an amount equal to not less than 50 percent of the 
     grant award received by such organization.
       (2) In-kind contributions.--In order to meet the 
     requirement under paragraph (1), such organization may 
     arrange for in-kind contributions.
       (g) Limitation Cost to the Veterans.--A qualified 
     organization receiving a grant under the pilot program shall 
     modify or rehabilitate the primary residence of an eligible 
     veteran at no cost to such veteran (including application 
     fees) or at a cost such that such veteran pays no more than 
     30 percent of his or her income in housing costs during any 
     month.
       (h) Reports.--
       (1) Annual report.--The Secretary shall submit to Congress, 
     on an annual basis, a report that provides, with respect to 
     the year for which such report is written--
       (A) the number of eligible veterans provided assistance 
     under the pilot program;
       (B) the socioeconomic characteristics of such veterans, 
     including their gender, age, race, and ethnicity;
       (C) the total number, types, and locations of entities 
     contracted under such program to administer the grant 
     funding;
       (D) the amount of matching funds and in-kind contributions 
     raised with each grant;
       (E) a description of the housing rehabilitation and 
     modification services provided, costs saved, and actions 
     taken under such program;
       (F) a description of the outreach initiatives implemented 
     by the Secretary to educate the general public and eligible 
     entities about such program;
       (G) a description of the outreach initiatives instituted by 
     grant recipients to engage eligible veterans and veteran 
     service organizations in projects utilizing grant funds under 
     such program;
       (H) a description of the outreach initiatives instituted by 
     grant recipients to identify eligible veterans and their 
     families; and
       (I) any other information that the Secretary considers 
     relevant in assessing such program.
       (2) Final report.--Not later than 6 months after the 
     completion of the pilot program, the Secretary shall submit 
     to Congress a report that provides such information that the 
     Secretary considers relevant in assessing the pilot program.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated for carrying out this division $4,000,000 
     for each of fiscal years 2013 through 2017.
                                 ______
                                 
  SA 3166. Mr. MANCHIN 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 V, add the following:

     SEC. 577. REPORT ON FUTURE OF FAMILY SUPPORT PROGRAMS OF THE 
                   DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to the congressional defense committees a report 
     on the anticipated future of the family support programs of 
     the Department of Defense during the five-year period 
     beginning on the date of the submittal of the report as end 
     strengths for the Armed Forces are reduced and the Armed 
     Forces are drawn down from combat operations in Afghanistan.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current family support programs of 
     each of the Armed Forces and the Department of Defense, 
     including the name, scope and intended purpose of each 
     program.
       (2) An assessment of the current costs of the family 
     support programs covered by paragraph (1), and an estimate of 
     the costs of anticipated family support programs of the 
     Department over the period covered by the report.
       (3) An assessment of the costs and other consequences 
     associated with the elimination or reduction of any current 
     family support programs of the Department over the period 
     covered by the report.
       (4) An assessment by the Secretary of the Army of the 
     Family Readiness Support Assistant program, and a description 
     of any planned or anticipated changes to that program over 
     the period covered by the report.
                                 ______
                                 
  SA 3167. Mr. LIEBERMAN 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:


[[Page S7117]]


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

     SEC. 1084. UNITED STATES SECRET SERVICE RETIREMENT.

       (a) Sense of the Senate.--It is the sense of the Senate 
     that members of the United States Secret Service Division and 
     the United States Secret Service Uniformed Division hired 
     between January 1, 1984 and December 31, 1986 were promised 
     that, in part as a recruitment and retention tool, they would 
     be eligible to participate in the District of Columbia Police 
     and Firefighters Retirement System.
       (b) Authority of Certain Members of United States Secret 
     Service to Elect Coverage Under District of Columbia Police 
     and Firefighter Retirement System.--
       (1) In general.--Subsection (b) of the Policemen and 
     Firemen's Retirement and Disability Act (sec. 5-703, D.C. 
     Official Code) is amended--
       (A) by striking ``Whenever any member'' and inserting ``(1) 
     In general.--Whenever any member''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Coverage of Certain Other Employees of Secret 
     Service.--
       ``(A) In general.--Paragraph (1) shall apply with respect 
     to a covered employee in the same manner as such paragraph 
     applies to an individual who is authorized to make a transfer 
     of funds under such paragraph, but only if--
       ``(i) not later than 60 days after receiving notification 
     of the transition cost associated with the application of 
     paragraph (1) to the covered employee (as provided under 
     section 1084(b)(2)(B) of the National Defense Authorization 
     Act for Fiscal Year 2013), the covered employee provides a 
     notification to the Director of the United States Secret 
     Service containing such information and assurances as the 
     Director may require; and
       ``(ii) on or before the date the covered employee provides 
     a notification under clause (i), the employee makes a lump 
     sum payment in an amount equal to the transition cost 
     associated with the application of paragraph (1) to the 
     covered employee, determined in accordance with section 
     1084(b)(3) of the National Defense Authorization Act for 
     Fiscal Year 2013, for deposit into the Contributions for 
     Annuity Benefits, United States Secret Service appropriations 
     account of the Department of Homeland Security.
       ``(B) Adjustment to reflect social security contributions 
     and benefits.--In the case of a covered employee who 
     authorizes a transfer of funds under paragraph (1), such 
     covered employee shall be subject to the same deductions and 
     shall be entitled to the same benefits as provided for under 
     paragraph (1), subject to offset in accordance with section 
     103(e) of Public Law 100-238 (5 U.S.C. 8334 note).
       ``(C) Covered employee defined.--In this paragraph, the 
     term `covered employee' means an individual who--
       ``(i) was appointed during 1984, 1985, or 1986--
       ``(I) as a member of the United States Secret Service 
     Uniformed Division as defined under section 10201(1) of title 
     5, United States Code; or
       ``(II) to the United States Secret Service as a criminal 
     investigator as defined under section 5545a(a)(2) of title 5, 
     United States Code;
       ``(ii) has actively performed duties other than clerical 
     for 10 or more years directly related to the protection 
     mission of the United States Secret Service described under 
     section 3056 of title 18, United States Code;
       ``(iii) is serving as an officer or member of the United 
     States Secret Service Uniformed Division as defined under 
     section 10201(1) of title 5, United States Code, or is 
     employed by the United States Secret Service as a criminal 
     investigator as defined under section 5545a(a)(2) of title 5, 
     United States Code; and
       ``(iv) is covered under the Federal Employees' Retirement 
     System under chapter 84 of title 5, United States Code, on 
     the date of enactment of this paragraph.''.
       (2) Notifications.--
       (A) Initial notification by secret service.--Not later than 
     30 days after the date of the enactment of this Act, the 
     Director of the United States Secret Service shall notify 
     each covered employee that the covered employee may execute 
     an election under this paragraph to have paragraph (1) of 
     subsection (b) of the Policemen and Firemen's Retirement and 
     Disability Act (sec. 5-703, D.C. Official Code) apply with 
     respect to the covered employee.
       (B) Notification of transition cost.--Not later than 15 
     days after determining the amount of the transition cost 
     associated with the application of paragraph (1) of 
     subsection (b) of the Policemen and Firemen's Retirement and 
     Disability Act (sec. 5-703, D.C. Official Code) to a covered 
     employee (in accordance with paragraph (3)), the Director of 
     the United States Secret Service shall notify the covered 
     employee of such transition cost.
       (3) Transition cost.--
       (A) Determination of amount.--The transition cost 
     associated with the application of paragraph (1) of 
     subsection (b) of the Policemen and Firemen's Retirement and 
     Disability Act to a covered employee is the amount by which--
       (i) the estimated present value of the payments which would 
     be payable by the Federal Government to the District of 
     Columbia with respect to such employee during the 11-fiscal 
     year period beginning with the fiscal year in which this Act 
     is enacted if such paragraph applies with respect to the 
     covered employee, exceeds
       (ii) the estimated present value of the benefits which 
     would be payable from the Civil Service Retirement and 
     Disability Fund with respect to such employee during the 11-
     year period described in clause (i) if such paragraph does 
     not apply with respect to the covered employee.
       (B) Determination.--
       (i) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Office of Pay and Retirement 
     Services of the District of Columbia shall determine the 
     transition cost with respect to each covered employee, by 
     applying such assumptions and other methodologies as the 
     Office of Pay and Retirement Services of the District of 
     Columbia considers appropriate, consistent with generally 
     accepted actuarial practices and standards.
       (ii) Additional resources.--

       (I) In general.--The Office of Pay and Retirement Services 
     of the District of Columbia may enter into contracts as 
     necessary to enable that Office to carry out activities under 
     this subparagraph.
       (II) Authorization of appropriations.--There are authorized 
     to be appropriated not to exceed $75,000 to carry out this 
     subparagraph.

       (4) Definition.--In paragraphs (2) and (3), the term 
     ``covered employee'' means an individual described in 
     paragraph (2) of subsection (b) of the Policemen and 
     Firemen's Retirement and Disability Act (sec. 5-703, D.C. 
     Official Code), as added by paragraph (1).
       (c) Forfeiture of Employer Contributions for Thrift Savings 
     Plan.--
       (1) In general.--A covered employee shall forfeit all 
     contributions to the Thrift Savings Fund made by an employing 
     agency pursuant to section 8432(c) of title 5, United States 
     Code, for the benefit of the covered employee before the 
     effective date of the election made by the employee under 
     subsection (b)(2) of this section.
       (2) Definition.--In this subsection, the term ``covered 
     employee'' means an individual described in subparagraph (C) 
     of subsection (b)(2) of the Policemen and Firemen's 
     Retirement and Disability Act, as added by this section, who 
     provides a notification in accordance with subparagraph (A) 
     of such subsection (b)(2).
       (d) Treatment of Reemployed Annuitants.--
       (1) In general.--For purposes of section 8468 of title 5, 
     United States Code, a covered employee (as defined in 
     subsection (c)(2)) who is receiving benefits under the 
     Policemen and Firemen's Retirement and Disability Act 
     pursuant to an election made under subsection (b)(2) shall be 
     deemed to be an annuitant, as defined under section 8401 of 
     title 5, United States Code.
       (2) Regulations.--The Director of the Office of Personnel 
     Management shall prescribe any regulations necessary to carry 
     out this subsection, including regulations under which an 
     employing agency shall accept the certification of the 
     appropriate official of the government of the District of 
     Columbia regarding the amount of retirement benefits being 
     paid to a covered District of Columbia retiree for a period 
     during which such retiree is employed in an appointive or 
     elective position with the agency.
                                 ______
                                 
  SA 3168. Mr. NELSON of Nebraska (for himself and Mr. Kirk) 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 XXXI, add the following:

                       Subtitle D--Other Matters

     SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT OF THE NUCLEAR 
                   SECURITY ENTERPRISE.

       (a) Findings.--Congress makes the following findings:
       (1) In 2000, the National Nuclear Security Administration 
     was established as an independent entity within the 
     Department of Energy to manage and secure the nuclear weapons 
     stockpile of the United States and to manage nuclear 
     nonproliferation and naval reactor programs.
       (2) Serious security and health incidents continue to occur 
     at sites of the National Nuclear Security Administration.
       (3) In September 2012, an official of the Government 
     Accountability Office testified to Congress that lax 
     laboratory attitudes toward safety procedures, laboratory 
     inadequacies in identifying and addressing safety problems 
     with appropriate corrective actions, and inadequate oversight 
     by site offices of the National Nuclear Security 
     Administration were responsible for nearly 100 safety 
     incidents since 2000.
       (4) On July 28, 2012, three unarmed individuals compromised 
     security at the Y-12 National Security Complex in Oak Ridge, 
     Tennessee, and according to the Government Accountability 
     Office, ``gained access to the protected security area 
     directly adjacent to one of the nation's most critically 
     important nuclear weapons-related facilities''.
       (5) In June 2006, hackers attacked an unclassified computer 
     system at the National

[[Page S7118]]

     Nuclear Security Administration's Service Center in 
     Albuquerque, New Mexico, and gained access to a file 
     containing the names and social security numbers of more than 
     1,500 employees of the National Nuclear Security 
     Administration.
       (6) As early as February 2005, the Inspector General of the 
     Department of Energy identified problems with the retrieval 
     of badges from terminated employees at Los Alamos National 
     Laboratory and other sites of the National Nuclear Security 
     Administration.
       (7) In 2004, a pattern of safety and security incidents 
     that occurred over the course of a year prompted the stand-
     down of Los Alamos National Laboratory.
       (8) The National Nuclear Security Administration, 
     independent of the safety and security reform efforts of the 
     Department of Energy, has launched an overhaul of its 
     contracting oversight, placing an emphasis on contractor 
     self-policing through an untested ``contractor assurance'' 
     approach.
       (9) The Government Accountability Office has given the 
     contractor administration and project management capabilities 
     of the National Nuclear Security Administration a ``high 
     risk'' designation and found there to be insufficient 
     qualified Federal acquisition professionals to ``plan, 
     direct, and oversee project execution''.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) there is a need for strong, independent oversight of 
     the United States nuclear security enterprise;
       (2) any attempt to reform oversight of the nuclear security 
     enterprise that transfers oversight from the Department of 
     Energy to the National Nuclear Security Administration, 
     reduces protections for worker health and safety at 
     facilities of the National Nuclear Security Administration to 
     levels below the standards of the Department of Energy, or 
     transfers construction appropriations for the nuclear 
     security enterprise from the Department of Energy 
     appropriation account to the military construction 
     appropriation account, should be rejected;
       (3) the Office of Health, Safety, and Security of the 
     Department of Energy, which reports to the Secretary of 
     Energy but is also accountable for routinely reporting to 
     Congress on the performance with respect to safety and 
     security of the Department, including the National Nuclear 
     Security Administration, and the role of that Office in 
     overseeing safety and security at the National Nuclear 
     Security Administration, should not be diminished; and
       (4) any future modifications to the management or structure 
     of the nuclear security enterprise should be done in a way 
     that maintains or increases oversight of critical 
     construction, security, and acquisition capabilities.
                                 ______
                                 
  SA 3169. Mr. COBURN 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. STUDY ON ARMY SMALL ARMS AND AMMUNITION 
                   ACQUISITION.

       (a) Study.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     enter into a contract with a Federally Funded Research and 
     Development Center to conduct a study on the Army's 
     acquisition of small arms and ammunition to determine each of 
     the following:
       (A) A comparative evaluation of the current military small 
     arms in use by United States general purpose and special 
     operations forces, allied foreign militaries, and those 
     potential candidate small arms not necessarily in use 
     militarily but available commercially.
       (B) An assessment of the Department of Defense's current 
     plans to modernize its small arms capabilities.
       (C) A comparative evaluation of the Army's standard small 
     arms ammunition with other small arms ammunition 
     alternatives.
       (2) Factors to consider.--The study required under 
     subsection (a) shall take into consideration the following 
     factors:
       (A) Current and future operating environments as specified 
     or referred to in Department of Defense strategic guidance 
     and planning documents.
       (B) Modifications and improvements recently applied to 
     United States general purpose and special operations forces 
     small arms as well as their potential for continued 
     modification and improvement.
       (C) Industrial base impacts.
       (3) Access to information.--The Secretary of Defense and 
     the Secretary of the Army shall ensure that the Federally 
     Funded Research and Development Center conducting the study 
     required under subsection (a) has access to all necessary 
     data, records, analysis, personnel, and other resources 
     necessary to complete the study.
       (b) Report.--
       (1) In general.--Not later than September 30, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report containing the results of the 
     study conducted under subsection (a), together with the 
     comments of the Secretary of Defense on the findings 
     contained in the study.
       (2) Classified annex.--The report shall be in unclassified 
     form, but may contain a classified annex.
       (c) Definitions.--In this section:
       (1) The term ``small arms'' means firearms up to but not 
     including .50 caliber and shotguns.
       (2) The term ``small arms ammunition'' means ammunition or 
     ordnance for firearms up to but not including .50 caliber and 
     shotguns.
                                 ______
                                 
  SA 3170. Mr. COBURN 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 II, add the following:

     SEC. 216. ENHANCEMENTS OF THE RESEARCH AND DEVELOPMENT 
                   CONDUCTED BY THE DEPARTMENT OF DEFENSE.

       (a) Reduction of Duplication.--
       (1) Plan for reduction of unnecessary duplication.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall, in consultation with the 
     Director of the Office of Management and Budget, the 
     Secretary of Veterans Affairs, the Secretary of Energy, the 
     Secretary of Health and Human Services, the Director of the 
     National Institutes of Health, the Director of the National 
     Science Foundation, the Administrator of the National 
     Aeronautics and Space Administration, the Administrator of 
     the National Oceanic and Atmospheric Administration, and the 
     heads of other appropriate scientific agencies of the Federal 
     Government, develop a plan to ensure such departments and 
     agencies are effectively coordinating on matters relating to 
     research and development and have the means to more 
     efficiently cross-check grant applications and recipients to 
     identify and prevent unnecessary duplication in such matters. 
     The plan shall take into consideration the recommendations 
     made by the Government Accountability Office in the report 
     entitled ``2012 Annual Report: Opportunities to Reduce 
     Duplication, Overlap and Fragmentation, Achieve Savings, and 
     Enhance Revenue'' (GAO-12-342SP). The plan shall include 
     specific objectives, actions, and schedules.
       (2) Plan for reduction in certain medical research.--Not 
     later than 300 days after the date of the enactment of this 
     Act, the Secretary of Defense shall, in coordination with the 
     Secretary of Veterans Affairs and the Secretary of Health and 
     Human Services, submit to Congress a plan to eliminate 
     unnecessary duplication in the research being conducted by 
     the Congressionally Directed Medical Research Program of the 
     Department of Defense by transferring research that is not 
     directly related to military service to another appropriate 
     department or agency of the Federal Government. The plan 
     shall include such recommendations for legislative and 
     administrative action as the Secretaries consider appropriate 
     to implement the plan.
       (b) Enhancement of Transparency.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Director of the Office of Management 
     and Budget, develop guidance to ensure that--
       (A) the Department of Defense and the components of the 
     Department are reporting information required by the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282; 31 U.S.C. 6101 note) regarding recipients of 
     grants, contracts, or other forms of Federal financial 
     assistance provided by the Department of Defense using 
     covered research, development, test, and evaluation funds; 
     and
       (B) such information is posted in a timely manner on the 
     Internet website of the Office of Management and Budget 
     available to the public.
       (2) Additional internet website.--Not later than 300 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, shall develop a searchable Internet website 
     available to the public that lists grants awarded by the 
     Department using covered research, development, test, and 
     evaluation funds. The information posted on the website 
     regarding a grant shall include the following:
       (A) The name and location of the recipient of the grant.
       (B) The total amount of the grant, and the amount of the 
     grant to be disbursed by year in the case of a multi-year 
     grant.
       (C) The duration of the grant.
       (D) The purpose of the grant.
       (3) Covered research, development, test, and evaluation 
     funds defined.--In this subsection, the term ``covered 
     research, development, test, and evaluation funds'' means 
     amounts authorized to be appropriated for the Department of 
     Defense for a fiscal year after fiscal year 2013 for 
     research, development, test, and evaluation.

[[Page S7119]]

       (c) Priority in Defense Research for National Security and 
     Care of Wounded Warriors.--
       (1) Limitation on availability of certain amounts.--
     Notwithstanding any other provision of this Act, amounts 
     authorized to be appropriated for fiscal year 2013 for the 
     Department of Defense by this title for research, 
     development, test, and evaluation may be obligated and 
     expended only on programs, projects, and initiatives directly 
     related to defense activities, such as developing new 
     technologies for the future force, combating terrorism and 
     other emerging threats, increasing military combat 
     capabilities, and improving care, protection, and the health 
     and well-being of members of the Armed Forces.
       (2) Foreign comparative testing program.--
       (A) In general.--The Foreign Comparative Testing (FCT) 
     program shall support the testing of technologies, products, 
     and other items with a high Technology Readiness Level that 
     could fill gaps in mission requirements.
       (B) Limitation on availability of funds.--No funds 
     authorized to be appropriated by this Act for the Foreign 
     Comparative Testing program may be obligated or expended to 
     develop products or technologies (such as beef jerky or the 
     osmotic dehydration process) not related to weaponry, combat 
     systems, or improving the care of or protecting the health 
     and well-being of members of the Armed Forces.
       (d) Waiver.--The Secretary of Defense may waive any 
     requirement of this section if the Secretary certifies to the 
     congressional defense committees in writing that the waiver 
     is in the national security interests of the United States 
     and includes with such certification a justification for the 
     waiver.
                                 ______
                                 
  SA 3171. Mr. HATCH (for himself, Mr. Roberts, Mr. Chambliss, Mr. 
Barrasso, Mr. Inhofe, Mr. Wicker, Mr. Lee, Mr. Coburn, Mr. Risch, and 
Mr. Rubio) 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 XII, add the following:

     SEC. 1246. STATUS OF PALESTINIAN MISSION TO UNITED NATIONS.

       No amounts may be appropriated or otherwise made available 
     for contributions to the United Nations if the Security 
     Council or General Assembly of the United Nations grants 
     Palestine, the Palestinian Liberation Organization, or the 
     state of Palestine a change in United Nations status from a 
     permanent observer ``entity'' before the Secretary of State 
     certifies to Congress that a comprehensive peace agreement 
     has been reached with the sovereign state of Israel.
                                 ______
                                 
  SA 3172. Mr. CORKER 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 XII, add the following:

     SEC. 1233. REPORTS ON SYRIA.

       (a) Report on Opposition Groups.--
       (1) In general.--Not later than 15 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report describing in detail all the known 
     opposition groups, both independent and state-sponsored, 
     inside and outside of Syria, operating directly or indirectly 
     to oppose the Government of Syria.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) An assessment of the current military capacity of 
     opposition forces.
       (B) An assessment of the ability of opposition forces 
     inside and outside of Syria to establish military and 
     political activities impacting Syria, together with a 
     practicable timetable for accomplishing these objectives.
       (C) An assessment of the ability of any of the opposition 
     groups to establish effective military and political control 
     in Syria.
       (D) A description of the composition and political agenda 
     of each of the known opposition groups inside and outside of 
     Syria, and an assessment of the degree to which such groups 
     represent the views of the people of Syria as a whole.
       (E) A description of the financial resources currently 
     available to opposition groups and known potential sources of 
     continued financing.
       (F) An assessment of the relationship between each of the 
     Syrian opposition groups and the Muslim Brotherhood, al 
     Qaeda, Hezbollah, Hamas, and any other groups that have 
     promoted an agenda that would negatively impact United States 
     national interests.
       (G) An assessment of whether active support from the United 
     States to opposition forces would have a positive or negative 
     impact on the factors discussed in subparagraphs (A) through 
     (F).
       (b) Report on Weapons Stockpiles.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress an assessment of the size and security of 
     conventional and non-conventional weapons stockpiles in 
     Syria.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) A description of who has or may have access to the 
     stockpiles.
       (B) A description of the sources and types of weapons 
     flowing from outside Syria to both government and opposition 
     forces.
       (C) A detailed plan to prevent the proliferation of 
     conventional, biological, chemical, and other types of 
     weapons in Syria.
       (c) Report on Current Activities and Future Plans To 
     Provide assistance to Syria's Political Opposition.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress a report on all the support provided to opposition 
     political forces in Syria.
       (2) Content.--The report required under paragraph (1) shall 
     include the following elements:
       (A) A full description of the current technical assistance 
     democracy programs conducted by the Department of State and 
     United States Agency for International Development to support 
     the political opposition in Syria.
       (B) A full summary of the communications equipment that is 
     currently being provided to the political opposition in 
     Syria, including a description of the entities that have 
     received and that will continue to receive such equipment.
       (C) A description of any additional activities the United 
     States plans to undertake in support of the political 
     opposition in Syria.
       (D) A description of the funding levels currently dedicated 
     to support the political opposition in Syria.
       (d) Form.--The reports required by this section may be 
     submitted in a classified form, but shall include an 
     unclassified summary.
                                 ______
                                 
  SA 3173. Mr. COBURN 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 II, add the following:

     SEC. 216. ENHANCEMENTS OF THE RESEARCH AND DEVELOPMENT 
                   CONDUCTED BY THE DEPARTMENT OF DEFENSE.

       (a) Reduction of Duplication.--
       (1) Plan for reduction of unnecessary duplication.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Defense shall, in consultation with the 
     Director of the Office of Management and Budget, the 
     Secretary of Veterans Affairs, the Secretary of Energy, the 
     Secretary of Health and Human Services, the Director of the 
     National Institutes of Health, the Director of the National 
     Science Foundation, the Administrator of the National 
     Aeronautics and Space Administration, the Administrator of 
     the National Oceanic and Atmospheric Administration, and the 
     heads of other appropriate scientific agencies of the Federal 
     Government, develop a plan to ensure such departments and 
     agencies are effectively coordinating on matters relating to 
     research and development and have the means to more 
     efficiently cross-check grant applications and recipients to 
     identify and prevent unnecessary duplication in such matters. 
     The plan shall take into consideration the recommendations 
     made by the Government Accountability Office in the report 
     entitled ``2012 Annual Report: Opportunities to Reduce 
     Duplication, Overlap and Fragmentation, Achieve Savings, and 
     Enhance Revenue'' (GAO-12-342SP). The plan shall include 
     specific objectives, actions, and schedules.
       (2) Plan for reduction in certain medical research.--Not 
     later than 300 days after the date of the enactment of this 
     Act, the Secretary of Defense shall, in coordination with the 
     Secretary of Veterans Affairs and the Secretary of Health and 
     Human Services, submit to Congress a plan to eliminate 
     unnecessary duplication in the research being conducted by 
     the Congressionally Directed Medical Research Program of the 
     Department of Defense by transferring research that is not 
     directly related to military service to another appropriate 
     department or agency of the Federal Government. The plan 
     shall include such recommendations for legislative and 
     administrative action as the Secretaries consider appropriate 
     to implement the plan.
       (b) Enhancement of Transparency.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall, in 
     consultation with the Director of the Office of Management 
     and Budget, develop guidance to ensure that--

[[Page S7120]]

       (A) the Department of Defense and the components of the 
     Department are reporting information required by the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282; 31 U.S.C. 6101 note) regarding recipients of 
     grants, contracts, or other forms of Federal financial 
     assistance provided by the Department of Defense using 
     covered research, development, test, and evaluation funds; 
     and
       (B) such information is posted in a timely manner on the 
     Internet website of the Office of Management and Budget 
     available to the public.
       (2) Additional internet website.--Not later than 300 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense, shall develop a searchable Internet website 
     available to the public that lists grants awarded by the 
     Department using covered research, development, test, and 
     evaluation funds. The information posted on the website 
     regarding a grant shall include the following:
       (A) The name and location of the recipient of the grant.
       (B) The total amount of the grant, and the amount of the 
     grant to be disbursed by year in the case of a multi-year 
     grant.
       (C) The duration of the grant.
       (D) The purpose of the grant.
       (3) Covered research, development, test, and evaluation 
     funds defined.--In this subsection, the term ``covered 
     research, development, test, and evaluation funds'' means 
     amounts authorized to be appropriated for the Department of 
     Defense for a fiscal year after fiscal year 2013 for 
     research, development, test, and evaluation.
       (c) Priority in Defense Research for National Security and 
     Care of Wounded Warriors.--
       (1) Limitation on availability of certain amounts.--
     Notwithstanding any other provision of this Act, amounts 
     authorized to be appropriated for fiscal year 2013 for the 
     Department of Defense by this title for research, 
     development, test, and evaluation may be obligated and 
     expended only on programs, projects, and initiatives directly 
     related to defense activities, such as developing new 
     technologies for the future force, combating terrorism and 
     other emerging threats, increasing military combat 
     capabilities, and improving care, protection, and the health 
     and well-being of members of the Armed Forces.
       (2) Foreign comparative testing program.--
       (A) In general.--The Foreign Comparative Testing (FCT) 
     program shall support the testing of technologies, products, 
     and other items with a high Technology Readiness Level that 
     could fill gaps in mission requirements.
       (B) Limitation on availability of funds.--No funds 
     authorized to be appropriated by this Act for the Foreign 
     Comparative Testing program may be obligated or expended to 
     develop products or technologies (such as beef jerky or the 
     osmotic dehydration process) not related to weaponry, combat 
     systems, or improving the care of or protecting the health 
     and well-being of members of the Armed Forces.
       (d) Waiver.--The Secretary of Defense may waive any 
     requirement of this section if the Secretary certifies to the 
     congressional defense committees in writing that the waiver 
     is in the national security interests of the United States 
     and includes with such certification a justification for the 
     waiver.
                                 ______
                                 
  SA 3174. Ms. MURKOWSKI 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. ELIGIBILITY FOR INTERMENT IN NATIONAL CEMETERIES.

       (a) In General.--Section 2402(a) of title 38, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(10) Any individual who--
       ``(A) the Secretary determines served in combat support of 
     the Armed Forces (including combat support involving any 
     covert action of the United States, as defined in section 
     503(e) of the National Security Act of 1947 (50 U.S.C. 413b)) 
     in the Kingdom of Laos during the period beginning on 
     February 28, 1961, and ending on May 15, 1975; and
       ``(B) at the time of the individual's death was a citizen 
     of the United States or an alien lawfully admitted for 
     permanent residence in the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to an individual dying on or after 
     the date of the enactment of this Act.
                                 ______
                                 
  SA 3175. Mr. RUBIO 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 III, add the following:

     SEC. 344. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT 
                   OR INACTIVATION OF TICONDEROGA CLASS CRUISERS 
                   OR DOCK LANDING SHIPS.

       (a) Limitation.--Except as provided by subsection (b), none 
     of the funds authorized to be appropriated by this Act or 
     otherwise made available for fiscal year 2013 for the 
     Department of Defense may be obligated or expended to retire, 
     prepare to retire, inactivate, or place in storage a cruiser 
     or dock landing ship.
       (b) Exception.--Notwithstanding subsection (a), the U.S.S. 
     Port Royal, CG 73, is authorized for retirement.
       (c) Maintained Levels.--The Secretary of the Navy, in 
     supporting the operational requirements of the combatant 
     commands, shall maintain the operational capability and 
     perform the necessary maintenance of each cruiser and dock 
     landing ship belonging to the Navy until the later of the 
     following dates:
       (1) The date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2014.
       (2) September 30, 2013.
                                 ______
                                 
  SA 3176. Mr. RUBIO 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 XXVII, add the following:

     SEC. 2705. REPORT ON COLLOCATION OF AIR FORCE MATERIEL 
                   COMMAND ORGANIZATIONS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the collocation of Air Force Materiel Command organizations.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) An assessment of the efficiencies and effectiveness 
     associated with the collocation of Air Force Material Command 
     organizations.
       (2) An assessment of the organizational construct to 
     determine how institutional synergies that were previously 
     available in a collocated center can be replicated in the new 
     Air Force Material Command Center reorganization, including 
     an assessment of the following Air Force Material Command 
     capabilities:
       (A) Science and Technology, Acquisition.
       (B) Developmental Test and Evaluation.
       (C) Operational Test and Evaluation.
       (D) Follow-on Operational Test and Evaluation.
       (3) An assessment of synergistic efficiencies associated 
     with capabilities of collocated organizations of other 
     commands responsible for initial and follow-on test and 
     evaluation of systems.
       (4) An assessment of how the Air Force reorganization of 
     Air Force Material Command is in adherence with section 2687 
     of title 10, United States Code.
       (5) An analysis of the extent to which the proposed changes 
     in the Air Force management structure were coordinated with 
     the Office of the Secretary of Defense and the Director, Test 
     Resource Management Center and the degree to which their 
     concerns, if any, were addressed in the approach selected by 
     the Air Force.
                                 ______
                                 
  SA 3177. Mr. RUBIO 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 XXVII, add the following:

     SEC. 2705. AIR ARMAMENT CENTER, EGLIN AIR FORCE BASE, 
                   FLORIDA.

       The Secretary of the Air Force shall retain an Air Armament 
     Center at Eglin Air Force Base, Florida, in name and 
     function, with the same integrated mission elements, 
     responsibilities, and capabilities as existed upon the 
     completion of implementation of the recommendations of the 
     2005 Base Closure and Realignment Commission regarding such 
     military installation contained in the report transmitted by 
     the President to Congress in accordance with section 2914(e) 
     of the Defense Base Closure and Realignment Act of 1990 (part 
     A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), 
     until such time as such integrated mission elements, 
     responsibilities, and capabilities are modified pursuant to 
     section 2687 of title 10, United States Code, or a subsequent 
     law providing for the closure or realignment of military 
     installations in the United States.
                                 ______
                                 
  SA 3178. Mrs. HUTCHISON submitted an amendment intended to be 
proposed

[[Page S7121]]

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 V, add the following:

     SEC. 585. AWARD OF PURPLE HEART TO MEMBERS OF THE ARMED 
                   FORCES WHO WERE VICTIMS OF THE ATTACKS AT 
                   RECRUITING STATION IN LITTLE ROCK, ARKANSAS, 
                   AND AT FORT HOOD, TEXAS.

       (a) Award Required.--The Secretary of the military 
     department concerned shall award the Purple Heart to the 
     members of the Armed Forces who were killed or wounded in the 
     attacks that occurred at the recruiting station in Little 
     Rock, Arkansas, on June 1, 2009, and at Fort Hood, Texas, on 
     November 5, 2009.
       (b) Exception.--Subsection (a) shall not apply to a member 
     of the Armed Forces whose wound was the result of the willful 
     misconduct of the member.
                                 ______
                                 
  SA 3179. Mr. BENNET (for himself, Mr. Warner, and Mr. Rubio) 
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:

    Subtitle I--Safeguarding United States Satellite Leadership and 
                                Security

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Safeguarding United 
     States Satellite Leadership and Security Act of 2012''.

     SEC. 1092. AUTHORITY TO DETERMINE APPROPRIATE EXPORT CONTROLS 
                   FOR SATELLITES AND RELATED ITEMS.

       Notwithstanding any other provision of law, the President 
     is authorized to determine the appropriate export controls of 
     satellites and related items and transfer such items based on 
     national security and foreign policy objectives from the 
     jurisdiction of the International Traffic in Arms Regulations 
     (22 CFR part 120 et seq.) to the Export Administration 
     Regulations (15 CFR part 730 et seq.), consistent with the 
     procedures in section 38(f) of the Arms Export Control Act 
     (22 U.S.C. 2778(f)).

     SEC. 1093. PROHIBITION ON TRANSFERS TO THE PEOPLE'S REPUBLIC 
                   OF CHINA.

       No satellite or related item made subject to the 
     jurisdiction of the Export Administration Regulations 
     pursuant to section 1092 may be transferred, directly or 
     indirectly, to the Government of the People's Republic of 
     China or any entity or person in or acting for or on behalf 
     of the People's Republic of China or launched in the People's 
     Republic of China or as part of a launch vehicle owned, 
     operated, or manufactured by the Government of the People's 
     Republic of China.

     SEC. 1094. PROHIBITION ON TRANSFERS TO STATE SPONSORS OF 
                   TERRORISM AND NORTH KOREA.

       No satellite or related item made subject to the 
     jurisdiction of the Export Administration Regulations 
     pursuant to section 1092 may be transferred, directly or 
     indirectly, to--
       (1) North Korea, Cuba, Iran, Sudan, Syria, or any country 
     that is designated by the Secretary of State as supporting 
     international terrorism under section 6 of the Export 
     Administration Act (50 U.S.C. App. 2405(j) (as continued in 
     effect pursuant to the International Emergency Economic 
     Powers Act; 50 U.S.C. 1701 et seq.)), section 40 of the Arms 
     Export Control Act (22 U.S.C. 2780), or section 620A of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2371);
       (2) any entity or person in or acting for or on behalf of 
     such a country; or
       (3) as part of a launch vehicle owned, operated, or 
     manufactured by the government of such a country.

     SEC. 1095. RULE OF CONSTRUCTION REGARDING PRESIDENTIAL WAIVER 
                   AUTHORITY.

       Nothing in this subtitle shall be construed as removing or 
     limiting the waiver authority of the President under part 126 
     of the International Traffic in Arms Regulations (22 CFR part 
     126), as in effect on the date of the enactment of this Act.

     SEC. 1096. RULE OF CONSTRUCTION REGARDING SPECIAL EXPORT 
                   CONTROL AUTHORITIES.

       Nothing in this subtitle shall be construed as removing or 
     limiting existing authorities of the President under section 
     1514 (a) and (b) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 (Public Law 105-261; 
     22 U.S.C. 2778 note) with respect to defense articles that 
     remain subject to the jurisdiction of the International 
     Traffic in Arms Regulations or to otherwise take such actions 
     as are necessary to implement requirements for improving 
     national security controls in the export licensing of 
     satellites, launch vehicles, and related items.
                                 ______
                                 
  SA 3180. Mr. WHITEHOUSE 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. __. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.

       Subpart 1 of part C of title IV of the Public Health 
     Service Act (42 U.S.C. 285 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 417G. SCIENTIFIC FRAMEWORK FOR RECALCITRANT CANCERS.

       ``(a) Development of Scientific Framework.--
       ``(1) In general.--For each recalcitrant cancer identified 
     under subsection (b), the Director of the Institute shall 
     develop (in accordance with subsection (c)) a scientific 
     framework for the conduct or support of research on such 
     cancer.
       ``(2) Contents.--The scientific framework with respect to a 
     recalcitrant cancer shall include the following:
       ``(A) Current status.--
       ``(i) Review of literature.--A summary of findings from the 
     current literature in the areas of--

       ``(I) the prevention, diagnosis, and treatment of such 
     cancer;
       ``(II) the fundamental biologic processes that regulate 
     such cancer (including similarities and differences of such 
     processes from the biological processes that regulate other 
     cancers); and
       ``(III) the epidemiology of such cancer.

       ``(ii) Scientific advances.--The identification of relevant 
     emerging scientific areas and promising scientific advances 
     in basic, translational, and clinical science relating to the 
     areas described in subclauses (I) and (II) of clause (i).
       ``(iii) Researchers.--A description of the availability of 
     qualified individuals to conduct scientific research in the 
     areas described in clause (i).
       ``(iv) Coordinated research initiatives.--The 
     identification of the types of initiatives and partnerships 
     for the coordination of intramural and extramural research of 
     the Institute in the areas described in clause (i) with 
     research of the relevant national research institutes, 
     Federal agencies, and non-Federal public and private entities 
     in such areas.
       ``(v) Research resources.--The identification of public and 
     private resources, such as patient registries and tissue 
     banks, that are available to facilitate research relating to 
     each of the areas described in clause (i).
       ``(B) Identification of research questions.--The 
     identification of research questions relating to basic, 
     translational, and clinical science in the areas described in 
     subclauses (I) and (II) of subparagraph (A)(i) that have not 
     been adequately addressed with respect to such recalcitrant 
     cancer.
       ``(C) Recommendations.--Recommendations for appropriate 
     actions that should be taken to advance research in the areas 
     described in subparagraph (A)(i) and to address the research 
     questions identified in subparagraph (B), as well as for 
     appropriate benchmarks to measure progress on achieving such 
     actions, including the following:
       ``(i) Researchers.--Ensuring adequate availability of 
     qualified individuals described in subparagraph (A)(iii).
       ``(ii) Coordinated research initiatives.--Promoting and 
     developing initiatives and partnerships described in 
     subparagraph (A)(iv).
       ``(iii) Research resources.--Developing additional public 
     and private resources described in subparagraph (A)(v) and 
     strengthening existing resources.
       ``(3) Timing.--
       ``(A) Initial development and subsequent update.--For each 
     recalcitrant cancer identified under subsection (b)(1), the 
     Director of the Institute shall--
       ``(i) develop a scientific framework under this subsection 
     not later than 18 months after the date of the enactment of 
     this section; and
       ``(ii) review and update the scientific framework not later 
     than 5 years after its initial development.
       ``(B) Other updates.--The Director of the Institute may 
     review and update each scientific framework developed under 
     this subsection as necessary.
       ``(4) Public notice.--With respect to each scientific 
     framework developed under subsection (a), not later than 30 
     days after the date of completion of the framework, the 
     Director of the Institute shall--
       ``(A) submit such framework to the Committee on Energy and 
     Commerce and Committee on Appropriations of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions and Committee on Appropriations of the 
     Senate; and
       ``(B) make such framework publically available on the 
     Internet website of the Department of Health and Human 
     Services.
       ``(b) Identification of Recalcitrant Cancer.--

[[Page S7122]]

       ``(1) In general.--Not later than 6 months after the date 
     of the enactment of this section, the Director of the 
     Institute shall identify two or more recalcitrant cancers 
     that each--
       ``(A) have a 5-year relative survival rate of less than 20 
     percent; and
       ``(B) are estimated to cause the death of at least 30,000 
     individuals in the United States per year.
       ``(2) Additional cancers.--The Director of the Institute 
     may, at any time, identify other recalcitrant cancers for 
     purposes of this section. In identifying a recalcitrant 
     cancer pursuant to the previous sentence, the Director may 
     consider additional metrics of progress (such as incidence 
     and mortality rates) against such type of cancer.
       ``(c) Working Groups.--For each recalcitrant cancer 
     identified under subsection (b), the Director of the 
     Institute shall convene a working group comprised of 
     representatives of appropriate Federal agencies and other 
     non-Federal entities to provide expertise on, and assist in 
     developing, a scientific framework under subsection (a). The 
     Director of the Institute (or the Director's designee) shall 
     participate in the meetings of each such working group.
       ``(d) Reporting.--
       ``(1) Biennial reports.--The Director of NIH shall ensure 
     that each biennial report under section 403 includes 
     information on actions undertaken to carry out each 
     scientific framework developed under subsection (a) with 
     respect to a recalcitrant cancer, including the following:
       ``(A) Information on research grants awarded by the 
     National Institutes of Health for research relating to such 
     cancer.
       ``(B) An assessment of the progress made in improving 
     outcomes (including relative survival rates) for individuals 
     diagnosed with such cancer.
       ``(C) An update on activities pertaining to such cancer 
     under the authority of section 413(b)(7).
       ``(2) Additional one-time report for certain frameworks.--
     For each recalcitrant cancer identified under subsection 
     (b)(1), the Director of the Institute shall, not later than 6 
     years after the initial development of a scientific framework 
     under subsection (a), submit a report to the Congress on the 
     effectiveness of the framework (including the update required 
     by subsection (a)(3)(A)(ii)) in improving the prevention, 
     detection, diagnosis, and treatment of such cancer.
       ``(e) Recommendations for Exception Funding.--The Director 
     of the Institute shall consider each relevant scientific 
     framework developed under subsection (a) when making 
     recommendations for exception funding for grant applications.
       ``(f) Definition.--In this section, the term `recalcitrant 
     cancer' means a cancer for which the five-year relative 
     survival rate is below 50 percent.''.
                                 ______
                                 
  SA 3181. Mr. WHITEHOUSE (for himself, Mr. Menendez, Mr. Merkley, Mr. 
Lautenberg, and Mrs. Boxer) 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 NATIONAL SECURITY 
                   IMPLICATIONS OF CLIMATE CHANGE.

       (a) Findings.--The Senate makes the following findings:
       (1) The Secretary of Defense has stated that ``[t]he area 
     of climate change has a dramatic impact on national 
     security''.
       (2) The 2010 National Security Strategy states that ``the 
     danger from climate change is real, urgent and severe''.
       (3) The 2010 Quadrennial Defense Review states that 
     ``[c]limate change and energy are two key issues that will 
     play a significant role in shaping the future security 
     environment''.
       (4) The 2010 Quadrennial Defense Review notes a 2008 
     assessment by the National Intelligence Council, which found 
     that ``more than 30 U.S. military installations were already 
     facing elevated levels of risk from rising sea levels''.
       (5) The Defense Science Board issued a report in October 
     2011 on Trends and Implications of Climate Change for 
     National and International Security, which stated that ``the 
     effectiveness of adaptation will have significant national 
     and international security implications''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that it is in the national security interest of the United 
     States to assess, plan for, and mitigate the security and 
     strategic implications of climate change.
                                 ______
                                 
  SA 3182. Mr. SANDERS 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. ANNUAL REPORT ON DEFENSE CONTRACTING FRAUD.

       (a) Annual Study and Report.--The Secretary of Defense 
     shall conduct an annual study on defense contracting fraud 
     and submit a report containing the findings of such study to 
     the congressional defense committees.
       (b) Report Contents.--The report required under subsection 
     (a) shall include with respect to the most recent reporting 
     period the following elements:
       (1) An assessment of the total value of Department of 
     Defense contracts entered into to with contractors that have 
     been indicted for, settled charges of, been fined by any 
     Federal department or agency for, or been convicted of fraud 
     in connection with any contract or other transaction entered 
     into with the Federal Government.
       (2) Recommendations by the Inspector General of the 
     Department of Defense or other appropriate Department of 
     Defense official regarding how to penalize contractors 
     repeatedly involved in fraud in connection with contracts or 
     other transactions entered into with the Federal Government, 
     including an update on implementation by the Department of 
     any previous such recommendations.
                                 ______
                                 
  SA 3183. Mr. SANDERS 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 VIII, add the following:

     SEC. 888. PUBLIC AVAILABILITY OF DATABASE OF SENIOR 
                   DEPARTMENT OF DEFENSE OFFICIALS SEEKING 
                   EMPLOYMENT WITH DEFENSE CONTRACTORS.

       Section 847(b) of the National Defense Authorization Act 
     for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1701 
     note) is amended by adding at the end the following new 
     paragraph:
       ``(3) Public availability of information.--The Secretary of 
     Defense shall make available online to the public any 
     information contained in the database or repository required 
     under paragraph (1) that is not confidential, personal, or 
     proprietary in nature.''.
                                 ______
                                 
  SA 3184. Mr. CARPER 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 of division A, add the 
     following:

     SEC. 561. DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS 
                   AFFAIRS ACTIONS ON INELIGIBILITY OF CERTAIN 
                   PROPRIETARY INSTITUTIONS OF HIGHER EDUCATION 
                   FOR PARTICIPATION IN PROGRAMS OF EDUCATIONAL 
                   ASSISTANCE.

       (a) Department of Veterans Affairs.--
       (1) In general.--Subchapter II of chapter 36 of title 38, 
     United States Code, is amended by inserting after section 
     3681 the following new section:

     ``Sec. 3681A. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Veterans Affairs programs of educational 
       assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Veterans Affairs 
     shall ensure that no educational assistance under the 
     provisions of law specified in subsection (b) is available or 
     used for education at the institution for the period of 
     institutional fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department under chapters 30, 31, 32, 
     33, 34, and 35 of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Veterans Affairs shall take appropriate actions to notify 
     persons receiving or eligible for educational assistance 
     under the provisions of law specified in subsection (b) of 
     the application of the limitations in section 487(d)(2) of 
     the Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department that provides 
     information to persons described in paragraph (1), of the 
     following:

[[Page S7123]]

       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (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 3681 the following new 
     item:

``3681A. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Veterans 
              Affairs programs of educational assistance.''.
       (b) Department of Defense.--
       (1) In general.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2008 the 
     following new section:

     ``Sec. 2008a. Ineligibility of certain proprietary 
       institutions of higher education for participation in 
       Department of Defense programs of educational assistance

       ``(a) In General.--Upon receipt of a notice from the 
     Secretary of Education under clause (iii) of section 
     487(d)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(d)(2)(A)) that a proprietary institution of higher 
     education is ineligible for participation in or receipt of 
     funds under any program of Federal educational assistance by 
     reason of such section, the Secretary of Defense shall ensure 
     that no educational assistance under the provisions of law 
     specified in subsection (b) is available or used for 
     education at the institution for the period of institutional 
     fiscal years covered by such notice.
       ``(b) Covered Assistance.--The provisions of law specified 
     in this subsection are the provisions of law on educational 
     assistance through the Department of Defense as follows:
       ``(1) This chapter.
       ``(2) Chapters 105, 106A, 1606, 1607, and 1608 of this 
     title.
       ``(3) Section 1784a of this title.
       ``(c) Notice on Ineligibility.--(1) The Secretary of 
     Defense shall take appropriate actions to notify persons 
     receiving or eligible for educational assistance under the 
     provisions of law specified in subsection (b) of the 
     application of the limitations in section 487(d)(2) of the 
     Higher Education Act of 1965 to particular proprietary 
     institutions of higher education.
       ``(2) The actions taken under this subsection with respect 
     to a proprietary institution shall include publication, on 
     the Internet website of the Department of Defense that 
     provides information to persons described in paragraph (1), 
     of the following:
       ``(A) The name of the institution.
       ``(B) The extent to which the institution failed to meet 
     the requirements of section 487(a)(24) of the Higher 
     Education Act of 1965.
       ``(C) The length of time the institution will be ineligible 
     for participation in or receipt of funds under any program of 
     Federal educational assistance by reason of section 
     487(d)(2)(A) of that Act.
       ``(D) The nonavailability of educational assistance through 
     the Department for enrollment, attendance, or pursuit of a 
     program of education at the institution by reason of such 
     ineligibility.''.
       (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 2008 the 
     following new item:

``2008a. Ineligibility of certain proprietary institutions of higher 
              education for participation in Department of Defense 
              programs of educational assistance.''.

     SEC. 562. PROGRAM PARTICIPATION AGREEMENTS FOR PROPRIETARY 
                   INSTITUTIONS OF HIGHER EDUCATION.

       Section 487 of the Higher Education Act of 1965 (20 U.S.C. 
     1094) is amended--
       (1) in subsection (a)(24)--
       (A) by inserting ``that receives funds provided under this 
     title'' before ``, such institution''; and
       (B) by striking ``other than funds provided under this 
     title, as calculated in accordance with subsection (d)(1)'' 
     and inserting ``other than Federal educational assistance, as 
     defined in subsection (d)(5) and calculated in accordance 
     with subsection (d)(1)''; and
       (2) in subsection (d)--
       (A) in the subsection heading, by striking ``Non-Title IV'' 
     and inserting ``Non-Federal Educational'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``that receives funds provided under this title'' before 
     ``shall'';
       (ii) in subparagraph (B)--

       (I) in clause (i), by striking ``assistance under this 
     title'' and inserting ``Federal educational assistance''; and
       (II) in clause (ii)(I), by inserting ``, or on a military 
     base if the administering Secretary for a program of Federal 
     educational assistance under clause (ii), (iii), or (iv) of 
     paragraph (5)(B) has authorized such location'' before the 
     semicolon;

       (iii) in subparagraph (C), by striking ``program under this 
     title'' and inserting ``program of Federal educational 
     assistance'';
       (iv) in subparagraph (E), by striking ``funds received 
     under this title'' and inserting ``Federal educational 
     assistance''; and
       (v) in subparagraph (F)--

       (I) in clause (iii), by striking ``under this title'' and 
     inserting ``of Federal educational assistance''; and
       (II) in clause (iv), by striking ``under this title'' and 
     inserting ``of Federal educational assistance'';

       (C) in paragraph (2)--
       (i) by striking subparagraph (A) and inserting the 
     following:
       ``(A) Ineligibility.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, a proprietary institution of higher education receiving 
     funds provided under this title that fails to meet a 
     requirement of subsection (a)(24) for two consecutive 
     institutional fiscal years shall be ineligible to participate 
     in or receive funds under any program of Federal educational 
     assistance for a period of not less than two institutional 
     fiscal years.
       ``(ii) Regaining eligibility.--To regain eligibility to 
     participate in or receive funds under any program of Federal 
     educational assistance after being ineligible pursuant to 
     clause (i), a proprietary institution of higher education 
     shall demonstrate compliance with all eligibility and 
     certification requirements for the program for a minimum of 
     two institutional fiscal years after the institutional fiscal 
     year in which the institution became ineligible. In order to 
     regain eligibility to participate in any program of Federal 
     educational assistance under this title, such compliance 
     shall include meeting the requirements of section 498 for 
     such 2-year period.
       ``(iii) Notification of ineligibility.--The Secretary of 
     Education shall determine when a proprietary institution of 
     higher education that receives funds under this title is 
     ineligible under clause (i) and shall notify all other 
     administering Secretaries of the determination.
       ``(iv) Enforcement.--Each administering Secretary for a 
     program of Federal educational assistance shall enforce the 
     requirements of this subparagraph for the program concerned 
     upon receiving notification under clause (iii) of a 
     proprietary institution of higher education's 
     ineligibility.''; and
       (ii) in subparagraph (B)--

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

       (aa) by striking ``In addition'' and all that follows 
     through ``education fails'' and inserting ``Notwithstanding 
     any other provision of law, in addition to such other means 
     of enforcing the requirements of a program of Federal 
     educational assistance as may be available to the 
     administering Secretary, if a proprietary institution of 
     higher education that receives funds provided under this 
     title fails''; and
       (bb) by striking ``the programs authorized by this title'' 
     and inserting ``all programs of Federal educational 
     assistance''; and

       (II) in clause (i), by inserting ``with respect to a 
     program of Federal educational assistance under this title,'' 
     before ``on the expiration date'';

       (D) in paragraph (4)(A), by striking ``sources under this 
     title'' and inserting ``Federal educational assistance''; and
       (E) by adding at the end the following:
       ``(5) Definitions.--In this subsection:
       ``(A) Administering secretary.--The term `administering 
     Secretary' means the Secretary of Education, the Secretary of 
     Defense, the Secretary of Veterans Affairs, the Secretary of 
     Homeland Security, or the Secretary of a military department 
     responsible for administering the Federal educational 
     assistance concerned.
       ``(B) Federal educational assistance.--The term `Federal 
     educational assistance' means funds provided under any of the 
     following provisions of law:
       ``(i) This title.
       ``(ii) Chapter 30, 31, 32, 33, 34, or 35 of title 38, 
     United States Code.
       ``(iii) Chapter 101, 105, 106A, 1606, 1607, or 1608 of 
     title 10, United States Code.
       ``(iv) Section 1784a of title 10, United States Code.''.
                                 ______
                                 
  SA 3185. 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:

       On page _, between lines _ and _, insert the following:

     SEC. __. ANNUAL REPORTS ON UNITED STATES CONTRIBUTIONS TO THE 
                   UNITED NATIONS.

       (a) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act and annually thereafter, the 
     Director of the Office of Management and Budget shall submit 
     to Congress a report listing all assessed and voluntary 
     contributions, including in-kind, of the United States 
     Government for the preceding fiscal year to the United 
     Nations and United Nations affiliated agencies and related 
     bodies.
       (b) Contents.--Each report required under subsection (a) 
     shall set forth, for the fiscal year covered by such report, 
     the following:
       (1) The total amount of all assessed and voluntary 
     contributions, including in-kind,

[[Page S7124]]

     of the United States Government to the United Nations and 
     United Nations affiliated agencies and related bodies.
       (2) The approximate percentage of United States Government 
     contributions to each United Nations affiliated agency or 
     body in such fiscal year when compared with all contributions 
     to such agency or body from any source in such fiscal year.
       (3) For each such contribution--
       (A) the amount of such contribution;
       (B) a description of such contribution (including whether 
     assessed or voluntary);
       (C) the department or agency of the United States 
     Government responsible for such contribution;
       (D) the purpose of such contribution; and
       (E) the United Nations or United Nations affiliated agency 
     or related body receiving such contribution.
       (c) Public Availability of Information.--Not later than two 
     weeks after submitting each report required under subsection 
     (a), the Director of the Office of Management and Budget 
     shall post a public version of the report on a text-based, 
     searchable, and publicly available Internet website.
                                 ______
                                 
  SA 3186. Mr. COBURN 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. STUDY ON ARMY SMALL ARMS AND AMMUNITION 
                   ACQUISITION.

       (a) Study.--
       (1) In general.--Not later than 30 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     enter into a contract with a Federally Funded Research and 
     Development Center to conduct a study on the Army's 
     acquisition of small arms and ammunition to determine each of 
     the following:
       (A) A comparative evaluation of the current military small 
     arms in use by United States general purpose and special 
     operations forces, allied foreign militaries, and those 
     potential candidate small arms not necessarily in use 
     militarily but available commercially.
       (B) An assessment of the Department of Defense's current 
     plans to modernize its small arms capabilities.
       (C) A comparative evaluation of the Army's standard small 
     arms ammunition with other small arms ammunition 
     alternatives.
       (2) Factors to consider.--The study required under 
     subsection (a) shall take into consideration the following 
     factors:
       (A) Current and future operating environments as specified 
     or referred to in Department of Defense strategic guidance 
     and planning documents.
       (B) Modifications and improvements recently applied to 
     United States general purpose and special operations forces 
     small arms as well as their potential for continued 
     modification and improvement.
       (C) Industrial base impacts.
       (3) Access to information.--The Secretary of Defense and 
     the Secretary of the Army shall ensure that the Federally 
     Funded Research and Development Center conducting the study 
     required under subsection (a) has access to all necessary 
     data, records, analysis, personnel, and other resources 
     necessary to complete the study.
       (b) Report.--
       (1) In general.--Not later than September 30, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report containing the results of the 
     study conducted under subsection (a), together with the 
     comments of the Secretary of Defense on the findings 
     contained in the study.
       (2) Classified annex.--The report shall be in unclassified 
     form, but may contain a classified annex.
       (c) Definitions.--In this section:
       (1) The term ``small arms'' means--
       (A) firearms up to but not including .50 caliber; and
       (B) shotguns.
       (2) The term ``small arms ammunition'' means ammunition or 
     ordnance for--
       (A) firearms up to but not including .50 caliber; and
       (B) shotguns.
                                 ______
                                 
  SA 3187. Mr. COCHRAN 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. ___. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR 
                   DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR 
                   DEVELOPMENTAL TEST AND EVALUATION.

       (a) Supervision.--Section 139b(a)(3) of title 10, United 
     States Code, is amended by striking ``to the Under 
     Secretary'' before the period and inserting ``directly to the 
     Under Secretary, without the interposition of any other 
     supervising official''.
       (b) Concurrent Service.--Section 139b(a)(7) of such title 
     is amended by striking ``may'' and inserting ``shall''.
       (c) Resources.--Section 139b(a) of such title is amended by 
     adding at the end the following new paragraph:
       ``(8) Resources.--
       ``(A) The President shall include in the budget transmitted 
     to Congress, pursuant to section 1105 of title 31, for each 
     fiscal year, a separate statement of estimated expenditures 
     and proposed appropriations for the fiscal year for the 
     activities of the Deputy Assistant Secretary of Defense for 
     Developmental Test and Evaluation in carrying out the duties 
     and responsibilities of the Deputy Assistant Secretary under 
     this section.
       ``(B) The Deputy Assistant Secretary of Defense for 
     Developmental Test and Evaluation shall have sufficient 
     professional staff of military and civilian personnel to 
     enable the Deputy Assistant Secretary to carry out the duties 
     and responsibilities prescribed by law. The resources for the 
     Deputy Assistant Secretary shall be comparable to the 
     resources, including Senior Executive Service positions, 
     other civilian positions, and military positions, available 
     to the Director of Operational Test and Evaluation.''.
       (d) Annual Report.--Section 139b(d) of such title is 
     amended--
       (1) in the subsection heading, by striking ``Joint'';
       (2) by redesignating paragraphs (1), (2), (3), and (4) as 
     subparagraphs (A), (B), (C), and (D), respectively;
       (3) by inserting ``(1)'' before ``Not later than March 
     31'';
       (4) in the matter appearing before subparagraph (A), as so 
     redesignated, by striking ``jointly'' and inserting ``each''; 
     and
       (5) by adding at the end the following new paragraph:
       ``(2) With respect to the report required under paragraph 
     (1) by the Deputy Assistant Secretary of Defense for 
     Developmental Test and Evaluation--
       ``(A) the report shall include a separate section that 
     covers the activities of the Department of Defense Test 
     Resource Management Center (established under section 196 of 
     this title) during the preceding year; and
       ``(B) the report shall be transmitted to the Under 
     Secretary of Defense for Acquisition, Technology, and 
     Logistics at the same time it is submitted to the 
     congressional defense committees.''.

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