[Congressional Record Volume 158, Number 151 (Thursday, November 29, 2012)]
[Senate]
[Pages S7222-S7275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3188. 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. SENSE OF CONGRESS ON THE JOINT WARFIGHTING 
                   ANALYSIS CENTER.

       It is the sense of Congress that the Joint Warfighting 
     Analysis Center (JWAC) should have adequate resources to meet 
     the continuing requirements of the combatant commands.
                                 ______
                                 
  SA 3189. 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 I, add the following:

     SEC. 132. AUTHORITY FOR MID-LIFE COMPLEX REFUELING OVERHAULS 
                   OF NIMITZ CLASS AIRCRAFT CARRIERS.

       (a) In General.--The Secretary of the Navy shall carry out 
     the mid-life complex refueling overhauls of the Nimitz class 
     aircraft carriers as a single program. The program shall be 
     carried out in accordance with the schedule for the complex 
     refueling overhauls as submitted to Congress with the 
     President's budget request.
       (b) Contract Authority.--Subject to the availability of 
     appropriations for shipbuilding and conversion for a specific 
     vessel in a specific fiscal year, the Secretary of the Navy 
     may enter into contracts for the mid-life complex refueling 
     overhauls of the Nimitz class aircraft carriers designated 
     CVN-72, CVN-73, CVN-74, CVN-75, CVN-76, and CVN-77. Any such 
     contract may use incremental funding authority of not more 
     than three fiscal years per vessel, subject to subsection 
     (c).
       (c) Condition for Out-year Contract Payment.--A contract 
     entered into under subsection (b) shall provide that any 
     obligation of the United States to make a payment in a fiscal 
     year after the fiscal year in which the contract is awarded 
     shall be subject to the availability of appropriations for 
     that purpose for such later fiscal year.
                                 ______
                                 
  SA 3190. Mr. SANDERS (for himself 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 B of title XXXI, add the following:

     SEC. 3122. RENEWABLE ENERGY.

       Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 
     15852) is amended--

[[Page S7223]]

       (1) in subsection (a), by striking ``electric energy'' and 
     inserting ``electric and thermal energy''; and
       (2) in subsection (b)(2)--
       (A) by striking ``electric energy'' and inserting 
     ``electric and thermal energy'';
       (B) by adding ``or avoided by'' after ``generated from''; 
     and
       (C) by striking ``geothermal,'' and inserting ``geothermal 
     (including ground source, reclaimed water, or ground 
     water),''.
                                 ______
                                 
  SA 3191. 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 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 carefully evaluated;
       (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;
       (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;
       (5) to the extent possible, oversight of programs of the 
     National Nuclear Security Administration by the Department of 
     Defense should increase to ensure current and future 
     warfighting requirements are met; and
       (6) the Nuclear Weapons Council should provide proper 
     oversight in the execution of its responsibilities under 
     section 179 of title 10, United States Code.
                                 ______
                                 
  SA 3192. Mr. COONS (for himself 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 E of title III, add the following:

     SEC. 344. CODIFICATION OF NATIONAL GUARD STATE PARTNERSHIP 
                   PROGRAM.

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

     ``Sec. 116. State Partnership Program

       ``(a) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense, including for the 
     Air and Army National Guard, shall be available for the 
     payment of costs to conduct activities under the State 
     Partnership Program, whether inside the United States or 
     outside the United States, for purposes as follows:
       ``(A) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     activities are conducted.
       ``(B) To support the objectives of the United States chief 
     of mission of the partner nation with which such activities 
     are conducted.
       ``(C) To build international partnerships and defense and 
     security capacity.
       ``(D) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments to support building of defense and 
     security capacity.
       ``(E) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments in the 
     areas of defense and security.
       ``(F) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(2) Costs under paragraph (1) may include costs as 
     follows:
       ``(A) Costs of pay and allowances of members of the 
     National Guard.
       ``(B) Travel and necessary expenses of United States 
     personnel outside of the Department of Defense in the State 
     Partnership Program.
       ``(C) Travel and necessary expenses of foreign participants 
     directly supporting activities under the State Partnership 
     Program.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for activities described in that subsection 
     that are conducted in a foreign country unless jointly 
     approved by the commander of the combatant command concerned 
     and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     activities described in that subsection in a foreign country 
     unless the member is on active duty in the armed forces at 
     the time of such participation.
       ``(3) Funds shall not be available under subsection (a) for 
     interagency activities involving United States civilian 
     personnel or foreign civilian personnel unless the 
     participation of such personnel in such activities--
       ``(A) contributes to responsible management of defense 
     resources;
       ``(B) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(C) contributes to cooperation between United States 
     military and civilian governmental agencies and foreign 
     military and civilian government agencies; or
       ``(D) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(c) Reimbursement.--In the event of the participation of 
     United States Government participants (other than personnel 
     of the Department of Defense) in activities for which payment 
     is made under subsection (a), the head of the department or 
     agency concerned shall reimburse the Secretary of Defense for 
     the costs associated with the participation of such personnel 
     in such contacts and activities. Amounts reimbursed the 
     Department of Defense under this subsection shall be 
     deposited in the appropriation or account from which amounts 
     for the payment concerned were derived. Any amounts so 
     deposited shall be merged with amounts in such appropriation 
     or account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such appropriation or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `State Partnership Program' means a program 
     that establishes a defense and security relationship between 
     the National Guard of a State or territory and the

[[Page S7224]]

     military and security forces, and related disaster 
     management, emergency response, and security ministries, of a 
     foreign country.
       ``(2) The term `activities', for purposes of the State 
     Partnership Program, means any military-to-military 
     activities or interagency activities for a purpose set forth 
     in subsection (a)(1).
       ``(3) The term `interagency activities' means the 
     following:
       ``(A) Contacts between members of the National Guard and 
     foreign civilian personnel outside the ministry of defense of 
     the foreign country concerned on matters within the core 
     competencies of the National Guard.
       ``(B) Contacts between United States civilian personnel and 
     members of the Armed Forces of a foreign country on matters 
     within such core competencies.
       ``(4) The term `matter within the core competencies of the 
     National Guard' means matters with respect to the following:
       ``(A) Disaster response and mitigation.
       ``(B) Defense support to civil authorities.
       ``(C) Consequence management and installation protection.
       ``(D) Response to a chemical, biological, radiological, 
     nuclear, or explosives (CBRNE) event.
       ``(E) Border and port security and cooperation with 
     civilian law enforcement.
       ``(F) Search and rescue.
       ``(G) Medicine.
       ``(H) Counterdrug and counternarcotics activities.
       ``(I) Public affairs.
       ``(J) Employer support and family support for reserve 
     forces.
       ``(5) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch of 
     the United States Government.
       ``(C) Nongovernmental individuals.
       ``(6) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of a foreign government at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Nongovernmental individuals of a foreign country.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by adding at 
     the end the following new item:

``116. State Partnership Program.''.

       (b) Repeal of Superseded Authority.--Section 1210 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is 
     repealed.
                                 ______
                                 
  SA 3193. Mr. CASEY (for himself, Mrs. Hutchison, Ms. Mikulski, Mrs. 
Feinstein, Mrs. Gillibrand, Ms. Murkowski, Ms. Snowe, Mr. Lautenberg, 
Mr. Cardin, Mrs. Boxer, Mr. Franken, 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; as 
follows:

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

     SEC. 1246. PLAN 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 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.

[[Page S7225]]

       (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) Plan to Promote Security of Afghan Women.--
       (1) In general.--Not later than 120 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 plan to promote the 
     security of Afghan women during the security transition 
     process.
       (2) Elements.--The plan required under paragraph (1) shall 
     include the following elements:
       (A) A plan 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 plan 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.
       (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 plan 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 plan 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 3194. Mr. BEGICH (for himself, Mr. Toomey, Mr. Casey, Mr. Udall of 
Colorado, Mrs. Gillibrand, 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:

       On page 543, between lines 2 and 3, insert the following:

     SEC. 2705. MODIFICATION OF NOTICE REQUIREMENTS IN ADVANCE OF 
                   PERMANENT REDUCTION OF SIZABLE NUMBERS OF 
                   MEMBERS OF THE ARMED FORCES AT MILITARY 
                   INSTALLATIONS.

       (a) Calculation of Number of Affected Members.--Subsection 
     (a) of section 993 of title 10, United States Code, is 
     amended by adding at the end the following new sentence: ``In 
     calculating the number of members to be reduced, the 
     Secretary shall take into consideration both direct 
     reductions and indirect reductions.''.
       (b) Notice Requirements.--Subsection (b) of such section is 
     amended by striking paragraphs (1) through (3) and inserting 
     the following new paragraphs:
       ``(1) the Secretary of Defense or the Secretary of the 
     military department concerned--
       ``(A) submits to Congress a notice of the proposed 
     reduction and the number of military and civilian personnel 
     assignments affected, including reductions in base operations 
     support services and personnel to occur because of the 
     proposed reduction; and
       ``(B) includes in the notice a justification for the 
     reduction and an evaluation of the costs and benefits of the 
     reduction and of the local economic, environmental, 
     strategic, and operational consequences of the reduction; and
       ``(2) a period of 90 days expires following the day on 
     which the notice is submitted to Congress.''.
       (c) Definitions.--Such section is further amended by adding 
     at the end the following new subsection:
       ``(d) Definitions.--In this section:
       ``(1) The term `direct reduction' means a reduction 
     involving one or more members of a unit.
       ``(2) The term `indirect reduction' means subsequent 
     planned reductions or relocations in base operations support 
     services and personnel able to occur due to the direct 
     reductions.
       ``(3) The term `military installation' means a base, camp, 
     post, station, yard, center, homeport facility for any ship, 
     or other activity under the jurisdiction of the Department of 
     Defense, including any leased facility, which is located 
     within any of the several States, the District of Columbia, 
     the Commonwealth of Puerto Rico, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, or 
     Guam. Such term does not include any facility used primarily 
     for civil works, rivers and harbors projects, or flood 
     control projects.
       ``(4) The term `unit' means a unit of the armed forces at 
     the battalion, squadron, or an equivalent level (or a higher 
     level).''.
                                 ______
                                 
  SA 3195. 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 C title IX, add the following:

     SEC. 935. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS OF 
                   NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 
                   CONTRACTORS.

       (a) Process for Reporting Penetrations.--The Under 
     Secretary of Defense for Intelligence shall, in coordination 
     with the officials specified in subsection (c), establish a 
     process by which cleared defense contractors shall report to 
     elements of the Department of Defense designated by the Under 
     Secretary for purposes of the process when a network or 
     information system of such contractors designated pursuant to 
     subsection (b) is successfully penetrated.
       (b) Designation of Networks and Information Systems.--The 
     Under Secretary of

[[Page S7226]]

     Defense for Intelligence shall, in coordination with the 
     officials specified in subsection (c), establish criteria for 
     designating the cleared defense contractors' networks or 
     information systems that contain or process information 
     created by or for the Department of Defense to be subject to 
     the reporting process established pursuant to subsection (a).
       (c) Officials.--The officials specified in this subsection 
     are the following:
       (1) The Under Secretary of Defense for Policy.
       (2) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (3) The Chief Information Officer of the Department of 
     Defense.
       (4) The Commander of the United States Cyber Command.
       (d) Process Requirements.--
       (1) Rapid reporting.--The process required by subsection 
     (a) shall provide for rapid reporting by contractors of 
     successful penetrations of designated network or information 
     systems.
       (2) Report elements.--The report by a contractor on a 
     successful penetration of a designated network or information 
     system under the process shall include the following:
       (A) A description of the technique or method used in the 
     penetration.
       (B) A sample of the malicious software, if discovered and 
     isolated by the contractor.
       (3) Access.--The process shall include mechanisms by which 
     Department of Defense personnel may, upon request, obtain 
     access to equipment or information of a contractor necessary 
     to conduct a forensic analysis to determine whether 
     information created by or for the Department in connection 
     with any Department program was successfully exfiltrated from 
     a network or information system of the contractor and, if so, 
     what information was exfiltrated.
       (e) Cleared Defense Contractor Defined.--In this section, 
     the term ``cleared defense contractor'' means a private 
     entity granted clearance by the Defense Security Service to 
     receive and store classified information for the purpose of 
     bidding for a contract or conducting activities under a 
     contract with the Department of Defense.
                                 ______
                                 
  SA 3196. 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 out 
     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 fiscal year 2013 for the Working Capital Fund, Army, not 
     more than $3,000,000, shall be available in such fiscal year 
     to carry out the research study.
                                 ______
                                 
  SA 3197. Ms. MURKOWSKI (for herself and Mr. Begich) submitted an 
amendment intended to be proposed by her to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 314. LIMITATION ON FUNDING FOR CONNECTION OF CLEAR AIR 
                   FORCE STATION TO COMMERCIAL UTILITY GRID.

       The Secretary of Defense may not obligate or expend any 
     funds to connect Clear Air Force Station to a commercial 
     utility grid or to purchase utility services necessary to the 
     operation of Clear Air Force Station from commercial sources 
     until 180 days after the Secretary submits to the 
     congressional defense committees a report analyzing the costs 
     and benefits of the proposed action, including the impact of 
     such change on Department of Defense civilian employees.
                                 ______
                                 
  SA 3198. Mr. BARRASSO (for himself and Mr. Enzi) 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.
       ``(3) The prohibition imposed by paragraph (1) does not 
     apply to a transfer of a veterans memorial object if--
       ``(A) the transfer of that veterans memorial object is 
     specifically authorized by law; or
       ``(B) the transfer is made after September 30, 2017.''.
       (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 3199. Mr. DURBIN (for himself, Mrs. Boxer, Mr. Boozman, 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; as follows:

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

[[Page S7227]]

     SEC. 1246. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT 
                   FOR THE REBEL GROUP KNOWN AS M23.

       (a) Blocking of Assets.--The Secretary of the Treasury 
     shall, pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) and Executive Order 13413 
     (74 Fed. Reg. 64105; relating to blocking property of certain 
     persons contributing to the conflict in the Democratic 
     Republic of the Congo), block and prohibit all transactions 
     in all property and interests in property of a person 
     described in subsection (c) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (b) Visa Ban.--The Secretary of State shall deny a visa to, 
     and the Secretary of Homeland Security shall exclude from the 
     United States, any alien who is a person described in 
     subsection (c).
       (c) Persons Described.--A person described in this 
     subsection is a person that the President determines 
     provides, on or after the date of the enactment of this Act, 
     significant financial, material, or technological support to 
     M23.
       (d) Waiver.--The President may waive the application of 
     this section with respect to a person if the President 
     determines and reports to the appropriate congressional 
     committees that the waiver is in the national interest of the 
     United States.
       (e) Termination of Sanctions.--The President may terminate 
     sanctions imposed under this section with respect to a person 
     on and after the date on which the President determines and 
     reports to the appropriate congressional committees that the 
     person has terminated the provision of significant financial, 
     material, and technological support to M23.
       (f) Termination of Section.--This section shall terminate 
     on the date on which the President determines that M23 is no 
     longer a significant threat to peace and security in the 
     Democratic Republic of the Congo.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) M23.--The term ``M23'' refers to the rebel group known 
     as M23 operating in the Democratic Republic of the Congo that 
     derives its name from the March 23, 2009, agreement between 
     the Government of the Democratic Republic of the Congo and 
     the National Congress for the Defense of the People (or any 
     successor group).
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States.
                                 ______
                                 
  SA 3200. 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 240 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 3201. Mr. COONS (for himself 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; as 
follows:

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

     SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY FROM POWER AND END 
                   ATROCITIES COMMITTED BY THE LORD'S RESISTANCE 
                   ARMY.

       Consistent with the Lord's Resistance Army Disarmament and 
     Northern Uganda Recovery Act of 2009 (Public Law 111-172), it 
     is the sense of the Senate that--
       (1) the ongoing United States advise and assist operation 
     to support the regional governments in Africa in their 
     ongoing efforts to apprehend or remove Joseph Kony and his 
     top commanders from the battlefield and end atrocities 
     perpetuated by his Lord's Resistance Army should continue;
       (2) using amounts authorized to be appropriated by section 
     301 and specified in the funding table in section 4301 for 
     Operation and Maintenance, Defense-wide for ``Additional ISR 
     Support to Operation Observant Compass'', the Secretary of 
     Defense should provide increased intelligence, surveillance, 
     and reconnaissance assets to support the ongoing efforts of 
     United States Special Operations Forces to advise and assist 
     regional partners as they conduct operations against the 
     Lord's Resistance Army in Central Africa;
       (3) United States and regional African forces should 
     increase their operational coordination; and
       (4) the regional governments should recommit themselves to 
     the operations sanctioned by the African Union Peace and 
     Security Council resolution.
                                 ______
                                 
  SA 3202. Mr. GRAHAM (for himself, Ms. Ayotte, 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 of subtitle D of title X, add the following:

     SEC. 1032. AFFIRMATION OF THE UNITED STATES TO DETAIN 
                   TERRORISTS.

       Congress affirms the following:
       (1) Al-Qaeda, the Taliban, and associated forces continue 
     to be a clear and present military threat to the United 
     States.
       (2) The power to detain under the law of war shall apply to 
     an individual who--
       (A) joins al-Qaeda, the Taliban, or an associated force; 
     and
       (B) plans or participates in a belligerent act against the 
     United States on behalf of such forces anywhere within the 
     United States and its territories.
                                 ______
                                 
  SA 3203. Mr. GRAHAM (for himself, Mr. Schumer, Mr. Barrasso, Mr. 
Menendez, 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 D of title XII, add the following:

     SEC. 1246. LIMITATIONS ON ASSISTANCE TO PALESTINIANS.

       (a) International Criminal Court Restriction.--The United 
     States shall not provide assistance for the Palestinian 
     Authority if the International Criminal Court adjudicates any 
     matter proposed or supported by the Palestinian Authority or 
     any other entity, legally recognized or otherwise, that 
     purports to represent the interests of the Palestinian 
     people.
       (b) PLO Office Conditionality.--Notwithstanding any other 
     provision of law, the Palestine Liberation Organization, its 
     constituent groups, or any successor entity shall not 
     maintain an office, headquarters, premises, or other 
     facilities or establishments within the jurisdiction of the 
     United States unless the President determines and reports to 
     the Speaker of the House of Representatives and the President 
     Pro Tempore of the

[[Page S7228]]

     Senate that the Palestinians have entered into direct and 
     meaningful negotiations with Israel.
                                 ______
                                 
  SA 3204. 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.
       ``(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 3205. Mr. WEBB (for himself, Mr. Inhofe, Mr. Lieberman, and 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 D of title XII, add the following:

     SEC. 1246. SENSE OF THE SENATE ON THE SITUATION IN THE 
                   SENKAKU ISLANDS.

       It is the sense of the Senate that--
       (1) the East China Sea is a vital part of the maritime 
     commons of Asia, including critical sea lanes of 
     communication and commerce that benefit all nations of the 
     Asia-Pacific region;
       (2) the peaceful settlement of territorial and 
     jurisdictional disputes in the East China Sea requires the 
     exercise of self-restraint by all parties in the conduct of 
     activities that would complicate or escalate disputes and 
     destabilize the region, and differences should be handled in 
     a constructive manner consistent with universally recognized 
     principles of customary international law;
       (3) while the United States takes no position on the 
     ultimate sovereignty of the Senkaku islands, the United 
     States recognizes the administrative control of Japan over 
     the Senkaku Islands;
       (4) the United States has national interests in freedom of 
     navigation, the maintenance of peace and stability, respect 
     for international law, and unimpeded lawful commerce;
       (5) the United States supports a collaborative diplomatic 
     process by claimants to resolve territorial disputes without 
     coercion, and opposes efforts at coercion, the threat of use 
     of force, or use of force by any claimant in seeking to 
     resolve sovereignty and territorial issues in the East China 
     Sea;
       (6) the unilateral actions of a third party will not affect 
     any determinations by the United States on the question of 
     administrative control over the territories under the 
     administration of Japan; and
       (7) the United States reaffirms its commitment to the 
     Government of Japan under Article V of the Treaty of Mutual 
     Cooperation and Security that ``[e]ach Party recognizes that 
     an armed attack against either Party in the territories under 
     the administration of Japan would be dangerous to its own 
     peace and safety and declares that it would act to meet the 
     common danger in accordance with its constitutional 
     provisions and processes''.
                                 ______
                                 
  SA 3206. 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. EXPANSION OF MARINE GUNNERY SERGEANT JOHN DAVID 
                   FRY SCHOLARSHIP.

       (a) Expansion of Entitlement.--Subsection (b)(9) of section 
     3311 of title 38, United States Code, is amended by inserting 
     ``or spouse'' after ``child''.
       (b) Limitation and Election on Certain Benefits.--
     Subsection (f) of such section is amended--
       (1) by redesignating paragraph (2) as paragraph (4); and
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) Limitation.--The entitlement of an individual to 
     assistance under subsection (a) pursuant to paragraph (9) of 
     subsection (b) because the individual was a spouse of a 
     person described in such paragraph shall expire on the 
     earlier of--
       ``(A) the date that is 15 years after the date on which the 
     person died; and
       ``(B) the date on which the individual remarries.
       ``(3) Election on receipt of certain benefits.--A surviving 
     spouse entitled to assistance under subsection (a) pursuant 
     to paragraph (9) of subsection (b) who is also entitled to 
     educational assistance under chapter 35 of this title may not 
     receive assistance under both this section and such chapter, 
     but shall make an irrevocable election (in such form and 
     manner as the Secretary may prescribe) under which section or 
     chapter to receive educational assistance.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2013.
                                 ______
                                 
  SA 3207. Mr. FRANKEN (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 H of title X, add the following:

     SEC. 1084. REQUIREMENTS IN CONNECTION WITH NEXT UPDATE OF 
                   CURRENT STRATEGIC PLAN FOR OFFICE OF RURAL 
                   HEALTH OF THE DEPARTMENT OF VETERANS AFFAIRS.

       (a) Requirements.--
       (1) In general.--The first update of the Strategic Plan 
     Refresh for Fiscal Years 2012 through 2014 of the Office of 
     Rural Health of the Department of Veterans Affairs after the 
     date of the enactment of this Act, whether

[[Page S7229]]

     an update or refresh of such Strategic Plan Refresh or a 
     strategic plan to supersede such Strategic Plan Refresh, 
     shall be prepared in accordance with this section.
       (2) Consultation.--The Director of the Office of Rural 
     Health shall prepare the update in consultation with the 
     following:
       (A) The Director of the Health Care Retention and 
     Recruitment Office of the Department.
       (B) The Director of the Office of Quality and Performance 
     of the Department.
       (C) The Director of the Office of Care Coordination 
     Services of the Department.
       (b) Elements.--The update described in subsection (a) shall 
     include, for the period covered by the update, the following:
       (1) Goals and objectives for the recruitment and retention 
     by the Veterans Health Administration of health care 
     personnel in rural areas.
       (2) Goals and objectives for ensuring timeliness and 
     improving quality in the delivery of health care services by 
     the Veterans Health Administration in rural areas through 
     contract and fee-basis providers.
       (3) Goals and objectives for the implementation, expansion, 
     and enhanced use of telemedicine services by the Veterans 
     Health Administration in rural areas, including through 
     coordination with other appropriate offices of the 
     Department.
       (4) Goals and objectives for ensuring the full and 
     effective use of mobile outpatient clinics by the Veterans 
     Health Administration for the provision of health care 
     services in rural areas, including goals and objectives for 
     the use of such clinics on a fully mobile basis and for 
     encouraging health care providers who provide services 
     through such clinics to do so in rural areas.
       (5) Procedures for soliciting from each Veterans Health 
     Administration facility that serves a rural area the 
     following:
       (A) A statement of the clinical capacity of such facility.
       (B) The procedures of such facility in the event of a 
     medical, surgical, or mental health emergency outside the 
     scope of the clinical capacity of such facility.
       (C) The procedures and mechanisms of such facility for the 
     provision and coordination of health care for women veterans, 
     including procedures and mechanisms for coordination with 
     local hospitals and health care facilities, oversight of 
     primary care and fee-basis care, and management of specialty 
     care.
       (6) Goals and objectives for the modification of the 
     funding allocation mechanisms of the Office of Rural Health 
     in order to ensure that the Office distributes funds to 
     components of the Department to best achieve the goals and 
     objectives of the Office and in a timely manner.
       (7) Goals and objectives for the coordination of, and 
     sharing of resources with respect to, the provision of health 
     care services to veterans in rural areas between the 
     Department of Veterans Affairs, the Department of Defense, 
     the Indian Health Service of the Department of Health and 
     Human Services, and other Federal agencies, as appropriate 
     and prudent.
       (8) Specific milestones for the achievement of the goals 
     and objectives developed for the update.
       (9) Procedures for ensuring the effective implementation of 
     the update.
       (c) Transmittal to Congress.--Not later than 90 days after 
     the date of the issuance of the update described in 
     subsection (a), the Secretary of Veterans Affairs shall 
     transmit the update to Congress, together with such comments 
     and recommendations in connection with the update as the 
     Secretary considers appropriate.
                                 ______
                                 
  SA 3208. Mr. BINGAMAN (for himself and Ms. Murkowski) 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 589, after line 23, insert the following:

            Subtitle D--American Medical Isotopes Production

     SEC. 3141. SHORT TITLE.

       This subtitle may be cited as the ``American Medical 
     Isotopes Production Act of 2012''.

     SEC. 3142. DEFINITIONS.

       In this subtitle:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium enriched to 20 percent or greater in 
     the isotope U-235.
       (3) Low enriched uranium.--The term ``low enriched 
     uranium'' means uranium enriched to less than 20 percent in 
     the isotope U-235.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 3143. IMPROVING THE RELIABILITY OF DOMESTIC MEDICAL 
                   ISOTOPE SUPPLY.

       (a) Medical Isotope Development Projects.--
       (1) In general.--The Secretary shall carry out a 
     technology-neutral program--
       (A) to evaluate and support projects for the production in 
     the United States, without the use of highly enriched 
     uranium, of significant quantities of molybdenum-99 for 
     medical uses;
       (B) to be carried out in cooperation with non-Federal 
     entities; and
       (C) the costs of which shall be shared in accordance with 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352).
       (2) Criteria.--Projects shall be judged against the 
     following primary criteria:
       (A) The length of time necessary for the proposed project 
     to begin production of molybdenum-99 for medical uses within 
     the United States.
       (B) The capability of the proposed project to produce a 
     significant percentage of United States demand for 
     molybdenum-99 for medical uses.
       (C) The cost of the proposed project.
       (3) Exemption.--An existing reactor in the United States 
     fueled with highly enriched uranium shall not be disqualified 
     from the program if the Secretary determines that--
       (A) there is no alternative nuclear reactor fuel, enriched 
     in the isotope U-235 to less than 20 percent, that can be 
     used in that reactor;
       (B) the reactor operator has provided assurances that, 
     whenever an alternative nuclear reactor fuel, enriched in the 
     isotope U-235 to less than 20 percent, can be used in that 
     reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       (C) the reactor operator has provided a current report on 
     the status of its efforts to convert the reactor to an 
     alternative nuclear reactor fuel enriched in the isotope U-
     235 to less than 20 percent, and an anticipated schedule for 
     completion of conversion.
       (4) Public participation and review.--The Secretary shall--
       (A) develop a program plan and annually update the program 
     plan through public workshops; and
       (B) use the Nuclear Science Advisory Committee to conduct 
     annual reviews of the progress made in achieving the program 
     goals.
       (b) Development Assistance.--The Secretary shall carry out 
     a program to provide assistance for--
       (1) the development of fuels, targets, and processes for 
     domestic molybdenum-99 production that do not use highly 
     enriched uranium; and
       (2) commercial operations using the fuels, targets, and 
     processes described in paragraph (1).
       (c) Uranium Lease and Take-back.--
       (1) In general.--The Secretary shall establish a program to 
     make low-enriched uranium available, through lease contracts, 
     for irradiation for the production of molybdenum-99 for 
     medical uses.
       (2) Title.--The lease contracts shall provide for the 
     producers of the molybdenum-99 to take title to and be 
     responsible for the molybdenum-99 created by the irradiation, 
     processing, or purification of uranium leased under this 
     section.
       (3) Duties.--
       (A) Secretary.--The lease contracts shall require the 
     Secretary--
       (i) to retain responsibility for the final disposition of 
     spent nuclear fuel created by the irradiation, processing, or 
     purification of uranium leased under this section for the 
     production of medical isotopes; and
       (ii) to take title to and be responsible for the final 
     disposition of radioactive waste created by the irradiation, 
     processing, or purification of uranium leased under this 
     section for which the Secretary determines the producer does 
     not have access to a disposal path.
       (B) Producer.--The producer of the spent nuclear fuel and 
     radioactive waste shall accurately characterize, 
     appropriately package, and transport the spent nuclear fuel 
     and radioactive waste prior to acceptance by the Department.
       (4) Compensation.--
       (A) In general.--Subject to subparagraph (B), the lease 
     contracts shall provide for compensation in cash amounts 
     equivalent to prevailing market rates for the sale of 
     comparable uranium products and for compensation in cash 
     amounts equivalent to the net present value of the cost to 
     the Federal Government for--
       (i) the final disposition of spent nuclear fuel and 
     radioactive waste for which the Department is responsible 
     under paragraph (3); and
       (ii) other costs associated with carrying out the uranium 
     lease and take-back program authorized by this subsection.
       (B) Discount rate.--The discount rate used to determine the 
     net present value of costs described in subparagraph (A)(ii) 
     shall be not greater than the average interest rate on 
     marketable Treasury securities.
       (5) Authorized use of funds.--The Secretary may obligate 
     and expend funds received under leases entered into under 
     this subsection, which shall remain available until expended, 
     for the purpose of carrying out the activities authorized by 
     this subtitle, including activities related to the final 
     disposition of spent nuclear fuel and radioactive waste for 
     which the Department is responsible under paragraph (3).
       (6) Exchange of uranium for services.--The Secretary shall 
     not barter or otherwise sell or transfer uranium in any form 
     in exchange for--
       (A) services related to the final disposition of the spent 
     nuclear fuel and radioactive waste for which the Department 
     is responsible under paragraph (3); or

[[Page S7230]]

       (B) any other services associated with carrying out the 
     uranium lease and take-back program authorized by this 
     subsection.
       (d) Coordination of Environmental Reviews.--The Department 
     and the Nuclear Regulatory Commission shall ensure to the 
     maximum extent practicable that environmental reviews for the 
     production of the medical isotopes shall complement and not 
     duplicate each review.
       (e) Operational Date.--The Secretary shall establish a 
     program as described in subsection (c)(3) not later than 3 
     years after the date of enactment of this Act.
       (f) Radioactive Waste.--Notwithstanding section 2 of the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), 
     radioactive material resulting from the production of medical 
     isotopes that has been permanently removed from a reactor or 
     subcritical assembly and for which there is no further use 
     shall be considered low-level radioactive waste if the 
     material is acceptable under Federal requirements for 
     disposal as low-level radioactive waste.

     SEC. 3144. EXPORTS.

       Section 134 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2160d) is amended by striking subsection c. and inserting the 
     following:
       ``c. Effective 7 years after the date of enactment of the 
     American Medical Isotopes Production Act of 2012, the 
     Commission may not issue a license for the export of highly 
     enriched uranium from the United States for the purposes of 
     medical isotope production.
       ``d. The period referred to in subsection b. may be 
     extended for no more than 6 years if, no earlier than 6 years 
     after the date of enactment of the American Medical Isotopes 
     Production Act of 2012, the Secretary of Energy certifies to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate that--
       ``(1) there is insufficient global supply of molybdenum-99 
     produced without the use of highly enriched uranium available 
     to satisfy the domestic United States market; and
       ``(2) the export of United States-origin highly enriched 
     uranium for the purposes of medical isotope production is the 
     most effective temporary means to increase the supply of 
     molybdenum-99 to the domestic United States market.
       ``e. To ensure public review and comment, the development 
     of the certification described in subsection c. shall be 
     carried out through announcement in the Federal Register.
       ``f. At any time after the restriction of export licenses 
     provided for in subsection b. becomes effective, if there is 
     a critical shortage in the supply of molybdenum-99 available 
     to satisfy the domestic United States medical isotope needs, 
     the restriction of export licenses may be suspended for a 
     period of no more than 12 months, if--
       ``(1) the Secretary of Energy certifies to the Congress 
     that the export of United States-origin highly enriched 
     uranium for the purposes of medical isotope production is the 
     only effective temporary means to increase the supply of 
     molybdenum-99 necessary to meet United States medical isotope 
     needs during that period; and
       ``(2) the Congress enacts a Joint Resolution approving the 
     temporary suspension of the restriction of export licenses.
       ``g. As used in this section--
       ``(1) the term `alternative nuclear reactor fuel or target' 
     means a nuclear reactor fuel or target which is enriched to 
     less than 20 percent in the isotope U-235;
       ``(2) the term `highly enriched uranium' means uranium 
     enriched to 20 percent or more in the isotope U-235;
       ``(3) a fuel or target `can be used' in a nuclear research 
     or test reactor if--
       ``(A) the fuel or target has been qualified by the Reduced 
     Enrichment Research and Test Reactor Program of the 
     Department of Energy; and
       ``(B) use of the fuel or target will permit the large 
     majority of ongoing and planned experiments and medical 
     isotope production to be conducted in the reactor without a 
     large percentage increase in the total cost of operating the 
     reactor; and
       ``(4) the term `medical isotope' includes molybdenum-99, 
     iodine-131, xenon-133, and other radioactive materials used 
     to produce a radiopharmaceutical for diagnostic or 
     therapeutic procedures or for research and development.''.

     SEC. 3145. REPORT ON DISPOSITION OF EXPORTS.

       Not later than 1 year after the date of the enactment of 
     this Act, the Chairman of the Nuclear Regulatory Commission, 
     after consulting with other relevant agencies, shall submit 
     to the Congress a report detailing the current disposition of 
     previous United States exports of highly enriched uranium 
     used as fuel or targets in a nuclear research or test 
     reactor, including--
       (1) their location;
       (2) whether they are irradiated;
       (3) whether they have been used for the purpose stated in 
     their export license;
       (4) whether they have been used for an alternative purpose 
     and, if so, whether such alternative purpose has been 
     explicitly approved by the Commission;
       (5) the year of export, and reimportation, if applicable;
       (6) their current physical and chemical forms; and
       (7) whether they are being stored in a manner which 
     adequately protects against theft and unauthorized access.

     SEC. 3146. DOMESTIC MEDICAL ISOTOPE PRODUCTION.

       (a) In General.--Chapter 10 of the Atomic Energy Act of 
     1954 (42 U.S.C. 2131 et seq.) is amended by adding at the end 
     the following:
       ``Sec. 112. Domestic Medical Isotope Production.--
       ``a. The Commission may issue a license, or grant an 
     amendment to an existing license, for the use in the United 
     States of highly enriched uranium as a target for medical 
     isotope production in a nuclear reactor, only if, in addition 
     to any other requirement of this Act--
       ``(1) the Commission determines that--
       ``(A) there is no alternative medical isotope production 
     target, enriched in the isotope U-235 to less than 20 
     percent, that can be used in that reactor; and
       ``(B) the proposed recipient of the medical isotope 
     production target has provided assurances that, whenever an 
     alternative medical isotope production target can be used in 
     that reactor, it will use that alternative in lieu of highly 
     enriched uranium; and
       ``(2) the Secretary of Energy has certified that the United 
     States Government is actively supporting the development of 
     an alternative medical isotope production target that can be 
     used in that reactor.
       ``b. As used in this section--
       ``(1) the term `alternative medical isotope production 
     target' means a nuclear reactor target which is enriched to 
     less than 20 percent of the isotope U-235;
       ``(2) a target `can be used' in a nuclear research or test 
     reactor if--
       ``(A) the target has been qualified by the Reduced 
     Enrichment Research and Test Reactor Program of the 
     Department of Energy; and
       ``(B) use of the target will permit the large majority of 
     ongoing and planned experiments and medical isotope 
     production to be conducted in the reactor without a large 
     percentage increase in the total cost of operating the 
     reactor;
       ``(3) the term `highly enriched uranium' means uranium 
     enriched to 20 percent or more in the isotope U-235; and
       ``(4) the term `medical isotope' includes molybdenum-99, 
     iodine-131, xenon-133, and other radioactive materials used 
     to produce a radiopharmaceutical for diagnostic or 
     therapeutic procedures or for research and development.''.
       (b) Table of Contents.--The table of contents for the 
     Atomic Energy Act of 1954 is amended by inserting the 
     following new item at the end of the items relating to 
     chapter 10 of title I:

``Sec. 112. Domestic medical isotope production.''.

     SEC. 3147. ANNUAL DEPARTMENT REPORTS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for 5 years, 
     the Secretary shall report to Congress on Department actions 
     to support the production in the United States, without the 
     use of highly enriched uranium, of molybdenum-99 for medical 
     uses.
       (b) Contents.--The reports shall include the following:
       (1) For medical isotope development projects--
       (A) the names of any recipients of Department support under 
     section 3143;
       (B) the amount of Department funding committed to each 
     project;
       (C) the milestones expected to be reached for each project 
     during the year for which support is provided;
       (D) how each project is expected to support the increased 
     production of molybdenum-99 for medical uses;
       (E) the findings of the evaluation of projects under 
     section 3143(a)(2); and
       (F) the ultimate use of any Department funds used to 
     support projects under section 3143.
       (2) A description of actions taken in the previous year by 
     the Secretary to ensure the safe disposition of spent nuclear 
     fuel and radioactive waste for which the Department is 
     responsible under section 3143(c).

     SEC. 3148. NATIONAL ACADEMY OF SCIENCES REPORT.

       (a) In General.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences to conduct 
     a study of the state of molybdenum-99 production and 
     utilization, to be provided to Congress not later than 5 
     years after the date of enactment of this Act.
       (b) Contents.--The report shall include the following:
       (1) For molybdenum-99 production--
       (A) a list of all facilities in the world producing 
     molybdenum-99 for medical uses, including an indication of 
     whether these facilities use highly enriched uranium in any 
     way;
       (B) a review of international production of molybdenum-99 
     over the previous 5 years, including--
       (i) whether any new production was brought online;
       (ii) whether any facilities halted production unexpectedly; 
     and
       (iii) whether any facilities used for production were 
     decommissioned or otherwise permanently removed from service; 
     and
       (C) an assessment of progress made in the previous 5 years 
     toward establishing domestic production of molybdenum-99 for 
     medical uses, including the extent to which other medical 
     isotopes that have been produced with molybdenum-99, such as 
     iodine-131 and xenon-133, are being used for medical 
     purposes.
       (2) An assessment of the progress made by the Department 
     and others to eliminate all worldwide use of highly enriched 
     uranium in reactor fuel, reactor targets, and medical isotope 
     production facilities.

[[Page S7231]]

     SEC. 3149. REPEAL.

       The Nuclear Safety Research, Development, and Demonstration 
     Act of 1980 (42 U.S.C. 9701 et seq.) is repealed.
                                 ______
                                 
  SA 3209. 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 end of subtitle B of title VIII, add the following:

     SEC. 827. SUPPORT OF THE COMPETITIVE ENTERPRISE SYSTEM.

       (a) Repeal of Section 325.--Section 325 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84; 123 Stat. 2253) is repealed.
       (b) Repeal of Section 8103.--Section 8103 of the Department 
     of Defense and Full-Year Continuing Appropriations Act, 2011 
     (Public Law 112-10; 125 Stat. 80) is repealed.
                                 ______
                                 
  SA 3210. 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 end of subtitle B of title VIII, add the following:

     SEC. 827. POLICY ON SUPPORT OF THE COMPETITIVE ENTERPRISE 
                   SYSTEM.

       (a) Findings.--Congress finds that the competitive 
     enterprise system, including small business concerns, is--
       (1) characterized by individual freedom and initiative; and
       (2) the primary source of the economic strength of the 
     United States.
       (b) Policy on Support of Competitive Enterprise System.--It 
     is the declared policy of Congress that the Federal 
     Government, including the Department of Defense, should--
       (1) support the competitive enterprise system of the United 
     States, including small business concerns;
       (2) not compete with the citizens of the United States;
       (3) rely on commercial sources to supply the products and 
     services required by the Federal Government; and
       (4) avoid starting or carrying out any activity that 
     provides a product or service that can be procured more 
     effectively and efficiently from a nongovernmental source.
                                 ______
                                 
  SA 3211. Mr. RUBIO (for himself, Mr. Wyden, 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 C of title XII, add the following:

     SEC. 1233. REPORT ON IMPLEMENTATION BY GOVERNMENT OF BAHRAIN 
                   OF RECOMMENDATIONS IN REPORT OF THE BAHRAIN 
                   INDEPENDENT COMMITTEE OF INQUIRY.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     coordination with the Secretary of State, shall submit to the 
     appropriate congressional committees a report on the 
     implementation by the Government of Bahrain of the 
     recommendations contained in the Report of the Bahrain 
     Independent Committee of Inquiry.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of the specific steps taken by the 
     Government of Bahrain to implement each of the 26 
     recommendations contained in the Report of the Bahrain 
     Independent Committee of Inquiry.
       (2) An assessment of whether each recommendation has been 
     fully complied with by the Government of Bahrain.
       (3) An assessment of the impact of the findings in the 
     Report of the Bahrain Independent Committee of Inquiry for 
     the United States security posture in the Arab Gulf and the 
     United States Central Command Area of Responsibility.
                                 ______
                                 
  SA 3212. 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 C of title VIII, add the following:

     SEC. 847. REPORTS ON RENEGOTIATION OR CANCELLATION OF 
                   DEPARTMENT OF DEFENSE CONTRACTS IN CONNECTION 
                   WITH SPENDING CUTS.

       (a) Report on Procedures.--
       (1) In general.--Not later than ___ days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report 
     setting forth the procedures of the Department of Defense, 
     including the military departments and the Defense Agencies, 
     for the renegotiation or cancellation of contracts as a 
     result of reductions in funding for the Department of Defense 
     in connection with--
       (A) reductions of discretionary appropriations and direct 
     spending pursuant to the sequester required by section 251A 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985;
       (B) directives of the Office of Management and Budget, or 
     other Executive Branch directives, relating to cost saving 
     measures; and
       (C) other funding reduction mechanisms.
       (2) Actions to develop additional procedures.--If the 
     Secretary determines for purposes of the report under 
     paragraph (1) that any component of the Department lacks 
     adequate procedures to govern the renegotiation or 
     cancellation of contracts as results of reductions in funding 
     described in that paragraph, the report shall include a 
     description of the actions to be taken to provide such 
     component with adequate procedures for that purpose.
       (b) Reports on Costs of Contract Termination.--Not later 
     than ___ days after the termination of a contract of the 
     Department of Defense by reason of a reduction in funding 
     described in subsection (a)(1), the Secretary shall submit to 
     the congressional defense committees a report on the 
     termination of the contract that sets forth a description of 
     the costs (including any allowable, allocable, reasonable, or 
     unforeseen costs) to be paid by the Department in connection 
     with the termination of the contract.
                                 ______
                                 
  SA 3213. 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; 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 Committee on Appropriations, the Committee on 
     Armed Services, the Committee on Foreign Relations, and the 
     Select Committee on Intelligence of the Senate; and

[[Page S7232]]

       ``(2) the Committee on Appropriations, the Committee on 
     Armed Services, the Committee on Foreign Affairs, and the 
     Permanent Select Committee on Intelligence 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 Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Relations, and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Appropriations, the Committee on Armed 
     Services, the Committee on Foreign Affairs, and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 
  SA 3214. 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 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 3215. Mr. BROWN of Ohio (for himself, Mr. Franken, Mr. Whitehouse, 
Mr. Sanders, Mr. Leahy, and Ms. Klobuchar) 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--AMENDMENTS TO THE UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 
                               VOTING ACT

     SEC. 1801. PRE-ELECTION REPORTING REQUIREMENTS ON 
                   AVAILABILITY AND TRANSMISSION OF ABSENTEE 
                   BALLOTS.

       (a) In General.--Subsection (c) of section 102 of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(c)) is amended by striking ``Not later than 
     90 days'' and inserting the following:
       ``(1) Pre-election report on absentee ballot 
     availability.--Not later than 55 days before any election for 
     Federal office held in a State, such State shall submit a 
     report to the Attorney General and the Presidential Designee, 
     and make that report publicly available that same day, 
     certifying that absentee ballots are or will be available for 
     transmission by 46 days before the election. The report shall 
     be in a form prescribed by the Attorney General and shall 
     require the State to certify specific information about 
     ballot availability from each unit of local government which 
     will administer the election.
       ``(2) Pre-election report on absentee ballots 
     transmitted.--Not later than 43 days before any election for 
     Federal office held in a State, such State shall submit a 
     report to the Attorney General and the Presidential Designee, 
     and make that report publicly available that same day, 
     certifying whether all absentee ballots validly requested by 
     absent uniformed services voters and overseas voters whose 
     requests were received by the 46th day before the election 
     have been transmitted to such voters by such date. The report 
     shall be in a form prescribed by the Attorney General and 
     shall require the State to certify specific information about 
     ballot transmission, including the total numbers of ballot 
     requests received and ballots transmitted, from each unit of 
     local government which will administer the election.
       ``(3) Post election report on number of absentee ballots 
     transmitted and received.--Not later than 90 days''.
       (b) Conforming Amendment.--The heading for subsection (c) 
     of section 102 of such Act (42 U.S.C. 1973ff-1(c)) is amended 
     by striking ``Report on Number of Absentee Ballots 
     Transmitted and Received'' and inserting ``Reports on 
     Absentee Ballots''

     SEC. 1802. TRANSMISSION REQUIREMENTS; REPEAL OF WAIVER 
                   PROVISION.

       (a) In General.--Paragraph (8) of section 102(a) of the 
     Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff-1(a)) is amended to read as follows:
       ``(8) transmit a validly requested absentee ballot to an 
     absent uniformed services voter or overseas voter by the date 
     and in the manner determined under subsection (g);''.
       (b) Ballot Transmission Requirements and Repeal of Waiver 
     Provision.--Subsection (g) of section 102 of such Act (42 
     U.S.C. 1973ff-1(g)) is amended to read as follows:
       ``(g) Ballot Transmission Requirements.--
       ``(1) In general.--For purposes of subsection (a)(8), in 
     the case in which a valid request for an absentee ballot is 
     received at least 46 days before an election for Federal 
     office, the following rules shall apply:
       ``(A) In general.--The State shall transmit the absentee 
     ballot not later than 46 days before the election.
       ``(B) Special rules in case of failure to transmit on 
     time.--
       ``(i) In general.--If the State fails to transmit any 
     absentee ballot by the 46th day before the election as 
     required by subparagraph (A) and the absent uniformed 
     services voter or overseas voter did not request electronic 
     ballot submission pursuant to subsection (f), the State shall 
     transmit such ballot by express delivery.
       ``(ii) Extended failure.--If the State fails to transmit 
     any absentee ballot by the 41st day before the election, in 
     addition to transmitting the ballot as provided in clause 
     (i), the State shall--

       ``(I) in the case of absentee ballots requested by absent 
     uniformed services voters with respect to regularly scheduled 
     general elections, notify such voters of the procedures 
     established under section 103A for the

[[Page S7233]]

     collection and delivery of marked absentee ballots; and
       ``(II) in any other case, provide, at the State's expense, 
     for the return of such ballot by express delivery.

       ``(iii) Enforcement.--A State's compliance with this 
     subparagraph does not bar the Attorney General from seeking 
     additional remedies necessary to effectuate the purposes of 
     this Act.
       ``(2) Requests received after 46th day before election.--
     For purposes of subsection (a)(8), in the case in which a 
     valid request for an absentee ballot is received less than 46 
     days before an election for Federal office, the State shall 
     transmit the absentee ballot--
       ``(A) in accordance with State law; and
       ``(B) if practicable and as determined appropriate by the 
     State, in a manner that expedites the transmission of such 
     absentee ballot.''.

     SEC. 1803. CLARIFICATION OF STATE RESPONSIBILITY, CIVIL 
                   PENALTIES, AND PRIVATE RIGHT OF ACTION.

       (a) Enforcement.--Section 105 (42 U.S.C. 1973ff-4) of the 
     Uniformed and Overseas Citizens Absentee Voting Act is 
     amended to read as follows:

     ``SEC. 105. ENFORCEMENT.

       ``(a) In General.--The Attorney General may bring a civil 
     action in an appropriate district court for such declaratory 
     or injunctive relief as may be necessary to carry out this 
     title. In any such action, the only necessary party defendant 
     is the State and it shall not be a defense to such action 
     that local election officials are not also named as 
     defendants.
       ``(b) Civil Penalty.--In a civil action brought under 
     subsection (a), if the court finds that a State violated any 
     provision of this Act, it may, to vindicate the public 
     interest, assess a civil penalty against the State--
       ``(1) in an amount not exceeding $110,000, for a first 
     violation; and
       ``(2) in an amount not exceeding $220,000, for any 
     subsequent violation.
       ``(c) Report to Congress.--Not later than December 31 of 
     each year, the Attorney General shall submit to Congress an 
     annual report on any civil action brought under subsection 
     (a) during the preceding year.
       ``(d) Private Right of Action.--A person who is aggrieved 
     by a State's 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.
       ``(e) 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.''.
       (b) Repeal of Clarification Regarding Delegation of State 
     Responsibility.--Section 576 of the Military and Overseas 
     Voter Empowerment Act (42 U.S.C. 1973ff-1 note) is repealed.

     SEC. 1804. TREATMENT OF EARLY BALLOT REQUESTS.

       (a) Application of Prohibition of Refusal of Applications 
     on Grounds of Early Submission to Overseas Voters.--Section 
     104 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973ff-3) is amended--
       (1) by inserting ``or overseas voter'' after ``submitted by 
     an absent uniformed services voter''; and
       (2) by inserting ``or who do not reside outside the United 
     States'' after ``who are not members of the uniformed 
     services''.
       (b) Use of Single Application for Subsequent Elections.--
       (1) In general.--Section 104 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is 
     amended--
       (A) by striking ``A State'' and inserting the following:
       ``(a) Prohibition of Refusal of Applications on Grounds of 
     Early Submission.--A State'', and
       (B) by adding at the end the following new subsections:
       ``(b) Application Treated as Valid for Subsequent 
     Elections.--
       ``(1) In general.--If a State accepts and processes a 
     request for an absentee ballot by an absent uniformed 
     services voter or overseas voter and the voter requests that 
     the application be considered an application for an absentee 
     ballot for each subsequent election for Federal office held 
     in the State through the next regularly scheduled general 
     election for Federal office (including any runoff elections 
     which may occur as a result of the outcome of such general 
     election), the State shall provide an absentee ballot to the 
     voter for each such subsequent election.
       ``(2) Exception for voters changing registration .--
     Paragraph (1) shall not apply with respect to a voter 
     registered to vote in a State for any election held after the 
     voter notifies the State that the voter no longer wishes to 
     be registered to vote in the State or after the State 
     determines that the voter has registered to vote in another 
     State.''.
       (2) Conforming amendment.--The heading of section 104 of 
     such Act is amended by striking ``PROHIBITION OF REFUSAL OF 
     APPLICATIONS ON GROUNDS OF EARLY SUBMISSION'' and inserting 
     ``TREATMENT OF EARLY BALLOT REQUESTS''.

     SEC. 1805. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN 
                   MARIANA ISLANDS.

       Paragraph (6) and (8) of section 107 of the Uniformed and 
     Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) 
     are each amended by striking ``and American Samoa'' and 
     inserting ``American Samoa, and the Commonwealth of the 
     Northern Mariana Islands''.

     SEC. 1806. RELATED CHANGES TO TITLE VI OF THE CIVIL RIGHTS 
                   ACT OF 1964--CLARIFICATION OF PROHIBITED 
                   DISCRIMINATION, PRIVATE RIGHT OF ACTION, AND 
                   AVAILABLE RELIEF.

       (a) Clarification of Prohibited Discrimination.--Section 
     601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
     amended--
       (1) by striking ``No'' and inserting ``(a) No''; and
       (2) by adding at the end the following new subsection:
       ``(b)(1) Discrimination based on disparate impact with 
     respect to a program or activity is established under this 
     section only if--
       ``(A) a Federal department or agency, or any person 
     aggrieved, demonstrates that an entity subject to this title 
     has a policy or practice with respect to the program or 
     activity that causes a disparate impact on the basis of race, 
     color, or national origin; and
       ``(B)(i) the entity fails to demonstrate that the 
     challenged policy or practice is related to, and necessary to 
     achieve, the substantial and legitimate nondiscriminatory 
     goals of the program or activity; or
       ``(ii) the Federal department or agency, or the person 
     aggrieved, demonstrates that a less discriminatory 
     alternative policy or practice exists, and the entity refuses 
     to adopt such alternative policy or practice.
       ``(2) In this subsection, the term `demonstrates' means 
     meets the burdens of production and persuasion.''.
       (b) Private Right of Action and Available Relief.--Section 
     602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is 
     amended--
       (1) by striking ``Each'' and inserting ``(a) Each''; and
       (2) by adding at the end the following new subsection:
       ``(b) Any person aggrieved by the failure of an entity to 
     comply with section 601 may bring a civil action in any 
     Federal or State court of competent jurisdiction to enforce 
     such person's rights and may recover equitable relief, 
     reasonable attorney's fees, and costs. The aggrieved person 
     may also recover legal relief (including compensatory and, 
     from nongovernmental entities, punitive damages) in the case 
     of noncompliance that is intentional discrimination.
       ``(c) Nothing in subsection (b) limits the authority of a 
     Federal department or agency to enforce section 601.''.

     SEC. 1807. RELATED CHANGES TO TITLE IX OF THE EDUCATION 
                   AMENDMENTS OF 1972--CLARIFICATION OF PROHIBITED 
                   DISCRIMINATION, PRIVATE RIGHT OF ACTION, AND 
                   AVAILABLE RELIEF.

       (a) Clarification of Prohibited Discrimination.--Section 
     901 of the Education Amendments of 1972 (20 U.S.C. 1681) is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) Subject to the conditions described in paragraphs 
     (1) through (9) of subsection (a), discrimination based on 
     disparate impact with respect to a program or activity is 
     established under this section only if--
       ``(A) a Federal department of agency, or any person 
     aggrieved, demonstrates that an entity subject to this title 
     has a policy or practice with respect to the program or 
     activity that causes a disparate impact on the basis of sex; 
     and
       ``(B)(i) the entity fails to demonstrate that the 
     challenged policy or practice is related to, and necessary to 
     achieve, the substantial and legitimate nondiscriminatory 
     goals of the program or activity; or
       ``(ii) the Federal department or agency, or the person 
     aggrieved, demonstrates that a less discriminatory 
     alternative policy or practice exists, and the entity refuses 
     to adopt such alternative policy or practice.
       ``(2) In this subsection, the term `demonstrates' means 
     meets the burdens of production and persuasion.''.
       (b) Private Right of Action and Available Relief.--Section 
     902 of the Education Amendments of 1972 (20 U.S.C. 1682) is 
     amended--
       (1) in the section heading, by adding at the end the 
     following: ``; private right of action and available 
     relief'';
       (2) by striking ``Each'' and inserting ``(a) Each''; and
       (3) by adding at the end the following new subsection:
       ``(b) Any person aggrieved by the failure of an entity to 
     comply with section 901 may bring a civil action in any 
     Federal or State court of competent jurisdiction to enforce 
     such person's rights and may recover equitable relief, 
     reasonable attorney's fees, and costs. The aggrieved person 
     may also recover legal relief (including compensatory and, 
     from nongovernmental entities, punitive damages) in the case 
     of noncompliance that is intentional discrimination.
       ``(c) Nothing in subsection (b) limits the authority of a 
     Federal department or agency to enforce section 901.''.
                                 ______
                                 
  SA 3216. Mr. BROWN of Ohio (for himself, Mr. Reed, Mrs. Murray, Mr. 
Akaka, Ms. Mikulski, Mr. Coons, Mr. Rockefeller, Mr. Franken, Mr. 
Whitehouse, Mr. Sanders, Mr. Leahy, Mr. Pryor, and Ms. Klobuchar) 
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

[[Page S7234]]

the Department of Energy, to prescribe military 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--SERVICEMEMBERS CIVIL RELIEF ACT

     SEC. 1801. PROHIBITION ON DENIAL OF CREDIT BECAUSE OF 
                   ELIGIBILITY FOR PROTECTION.

       Section 108 of the Servicemembers Civil Relief Act (50 
     U.S.C. App. 518) is amended--
       (1) by striking ``Application by'' and inserting ``(a) 
     Application or Receipt.--Application by''; and
       (2) by adding at the end the following new subsection:
       ``(b) Eligibility.--
       ``(1) In general.--In addition to the protections under 
     subsection (a), an individual who is entitled to any right or 
     protection provided under this Act may not be denied or 
     refused credit or be subject to any other action described 
     under paragraphs (1) through (6) of subsection (a) solely by 
     reason of such entitlement.
       ``(2) Construction.--Nothing in this subsection shall be 
     construed to prohibit a lender from considering all relevant 
     factors, other than the entitlement of an individual to a 
     right or protection provided under this Act, in making a 
     determination as to whether it is appropriate to extend 
     credit.''.

     SEC. 1802. MORTGAGE PROTECTION FOR CERTAIN DEPLOYED MEMBERS 
                   OF ARMED FORCES, DISABLED VETERANS, AND 
                   SURVIVING SPOUSES.

       (a) In General.--Title III of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 501 et seq.) is amended by 
     inserting after section 303 the following new section:

     ``SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN 
                   SERVICEMEMBERS, DISABLED VETERANS, AND 
                   SURVIVING SPOUSES.

       ``(a) Mortgage as Security.--This section applies only to 
     an obligation on real or personal property owned by a covered 
     individual that--
       ``(1) originated at any time and for which the covered 
     individual is still obligated; and
       ``(2) is secured by a mortgage, trust deed, or other 
     security in the nature of a mortgage.
       ``(b) Covered Individuals.--For purposes of this section, a 
     covered individual is any individual who--
       ``(1) is a servicemember who is or was eligible for hostile 
     fire or imminent danger special pay under section 310 of 
     title 37, United States Code, during a period of military 
     service;
       ``(2) is a veteran who retired under chapter 61 of title 
     10, United States Code, and has a service-connected 
     disability or disabilities (as defined in section 101 of 
     title 38, United States Code) rated by the Secretary of 
     Veterans Affairs as total for purposes of compensation under 
     chapter 11 of title 38, United States Code; or
       ``(3) is a surviving spouse of a servicemember who died 
     while in military service if such spouse is the successor in 
     interest to property covered under subsection (a).
       ``(c) Stay of Proceedings.--
       ``(1) In general.--In an action pending during a covered 
     period to enforce an obligation described in subsection (a), 
     the court may after a hearing and on its own motion and shall 
     upon application by a covered individual, including notice to 
     the court in accordance with paragraphs (2) and (4) of 
     subsection (f), stay the proceedings until the end of the 
     covered period.
       ``(2) Obligation to stop proceedings.--Upon receipt of 
     notice provided under subsection (f)(1), a mortgagee, 
     trustee, or other creditor seeking to foreclose on real 
     property secured by an obligation described in subsection (a) 
     using any judicial or nonjudicial proceedings shall 
     immediately stop any such proceeding until the end of the 
     covered period.
       ``(d) Covered Period.--For purposes of this section, a 
     covered period--
       ``(1) with respect to a servicemember who is or was 
     eligible for hostile fire or imminent danger special pay 
     under section 310 of title 37, United States Code, during a 
     period of military service, is the period beginning on the 
     first day on which the servicemember is or was eligible for 
     such special pay during such period of military service and 
     ending on the date that is one year after the last day of 
     such period of military service;
       ``(2) with respect to a veteran described in subsection 
     (b)(2), is the period beginning on the date of the veteran's 
     retirement under chapter 61 of title 10, United States Code, 
     and ending on the date that is one year after the date of 
     such retirement; and
       ``(3) with respect to a surviving spouse of a servicemember 
     as described in subsection (b)(3), is the one-year period 
     beginning on the date on which the spouse receives notice of 
     the death of the servicemember.
       ``(e) Sale or Foreclosure.--A sale, foreclosure, or seizure 
     of property for a breach of an obligation described in 
     subsection (a) shall not be valid during a covered period 
     except if made pursuant to an agreement as provided in 
     section 107.
       ``(f) Notice Required.--
       ``(1) In general.--To be covered under this section, a 
     covered individual shall provide to the mortgagee, trustee, 
     or other creditor written notice that such individual is so 
     covered.
       ``(2) Time.--Notice provided under paragraph (1) shall be 
     provided--
       ``(A) with respect to a servicemember who is or was 
     eligible for hostile fire or imminent danger special pay 
     described in subsection (b)(1), anytime during the covered 
     period described in subsection (d)(1);
       ``(B) with respect to a veteran described in subsection 
     (b)(2), anytime during the covered period described in 
     subsection (d)(2); and
       ``(C) with respect to a surviving spouse described in 
     subsection (b)(3), anytime during the covered period 
     described in subsection (d)(3).
       ``(3) Address.--Notice provided under paragraph (1) shall 
     be provided via e-mail, facsimile, standard post, or express 
     mail to facsimile numbers and addresses, as the case may be, 
     designated by the servicer of the mortgage.
       ``(4) Manner.--Notice provided under paragraph (1) shall be 
     provided in writing by using a form designed under paragraph 
     (5) or submitting a copy of a Department of Defense or 
     Department of Veterans Affairs document evidencing the 
     hostile fire or imminent danger special pay, the service-
     related total disability, or the military service-related 
     death of a spouse while in military service.
       ``(5) Official forms.--The Secretary of Defense shall 
     design and distribute an official Department of Defense form 
     that can be used by an individual to give notice under 
     paragraph (1).
       ``(g) Misdemeanor.--A person who knowingly makes or causes 
     to be made a sale, foreclosure, or seizure of property that 
     is prohibited by subsection (e), or who knowingly attempts to 
     do so, shall be fined as provided in title 18, United States 
     Code, or imprisoned for not more than one year, or both.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of such Act is amended by inserting after the item 
     relating to section 303 the following new item:

``Sec. 303A. Mortgages and trust deeds of certain servicemembers, 
              disabled veterans, and surviving spouses.''.
       (c) Conforming Amendment.--Section 107(d) of such Act (50 
     U.S.C. App. 517) is amended to read as follows:
       ``(d) Coverage Periods.--For purposes of this section--
       ``(1) in the case of a person to whom section 106 applies--
       ``(A) such person shall be considered to be a 
     servicemember; and
       ``(B) the period with respect to such a person specified in 
     subsection (a) or (b), as the case may be, of section 106 
     shall be considered to be a period of military service; and
       ``(2) in the case of a covered individual described in 
     subsection (b) of section 303A--
       ``(A) such individual shall be considered to be a 
     servicemember; and
       ``(B) the covered period with respect to such individual 
     specified in section 303A(d) shall be considered to be a 
     period of military service.''.

     SEC. 1803. EXPANSION OF PROTECTION FOR TERMINATION OF 
                   RESIDENTIAL LEASES.

       (1) In general.--Section 305 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 535) is amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, the date the lessee 
     is assigned to or otherwise relocates to quarters or a 
     housing facility as described in such subparagraph.''; and
       (B) in subsection (b)(1)--
       (i) in subparagraph (A), by striking ``or'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following new subparagraph:
       ``(C) the lease is executed by or on behalf of a 
     servicemember who thereafter and during the term of the lease 
     is assigned to or otherwise relocates to quarters of the 
     United States or a housing facility under the jurisdiction of 
     a uniformed service (as defined in section 101 of title 10, 
     United States Code), including housing provided under the 
     Military Housing Privatization Initiative under subchapter IV 
     of chapter 169 of title 10, United States Code.''.
       (2) Manner of termination.--Subsection (c)(1) of such 
     section is amended--
       (A) in subparagraph (A)--
       (i) by inserting ``in the case of a lease described in 
     subsection (b)(1) and subparagraph (A) or (B) of such 
     subsection,'' before ``by delivery''; and
       (ii) by striking ``and'' at the end;
       (B) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (C) by inserting after subparagraph (A) the following new 
     subparagraph (B):
       ``(B) in the case of a lease described in subsection (b)(1) 
     and subparagraph (C) of such subsection, by delivery by the 
     lessee of written notice of such termination, and a letter 
     from the servicemember's commanding officer or other 
     competent authority indicating that the servicemember has 
     been assigned to or is otherwise relocating to quarters or 
     housing described in such subparagraph, to the lessor (or the 
     lessor's grantee), or to the lessor's agent (or the agent's 
     grantee); and''.

[[Page S7235]]

     SEC. 1804. MODIFICATION OF PLAINTIFF AFFIDAVIT FILING 
                   REQUIREMENT FOR DEFAULT JUDGMENTS AGAINST 
                   SERVICEMEMBERS.

       Paragraph (1) of section 201(b) of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 521(b)) is amended to read as 
     follows:
       ``(1) Plaintiff to file affidavit.--
       ``(A) In general.--In any action or proceeding covered by 
     this section, the plaintiff, before seeking a default 
     judgment, shall file with the court an affidavit--
       ``(i) stating whether or not the defendant is in military 
     service and showing necessary facts to support the affidavit; 
     or
       ``(ii) if the plaintiff is unable to determine whether or 
     not the defendant is in military service, stating that the 
     plaintiff is unable to determine whether or not the defendant 
     is in military service.
       ``(B) Due diligence.--Before filing the affidavit, the 
     plaintiff shall conduct a diligent and reasonable 
     investigation to determine whether or not the defendant is in 
     military service, including a search of available records of 
     the Department of Defense and any other information 
     reasonably available to the plaintiff. The affidavit shall 
     set forth all steps taken to determine the defendant's 
     military status.''.

     SEC. 1805. INCREASE IN CIVIL PENALTIES.

       (a) In General.--Section 801(b)(3) of the Servicemembers 
     Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended--
       (1) in subparagraph (A), by striking ``$55,000'' and 
     inserting ``$110,000''; and
       (2) in subparagraph (B), by striking ``$110,000'' and 
     inserting ``$220,000''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act and shall apply with respect to 
     violations of the Servicemembers Civil Relief Act (50 U.S.C. 
     App. 501 et seq.) that occur on or after such date.

     SEC. 1806. CLARIFICATION REGARDING APPLICATION OF ENFORCEMENT 
                   AUTHORITY OF ATTORNEY GENERAL AND PRIVATE RIGHT 
                   OF ACTION.

       Sections 801 and 802 of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 597 and 597a) shall apply as if such sections 
     were included in the enactment of the Soldiers' and Sailors' 
     Civil Relief Act of 1940 (54 Stat. 1178, chapter 888) and 
     included in the restatement of such Act in Public Law 108-
     189.

     SEC. 1807. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 
                   DEMANDS BY ATTORNEY GENERAL.

       (a) In General.--Section 801 of the Servicemembers Civil 
     Relief Act (50 U.S.C. App. 597) is amended by adding at the 
     end the following:
       ``(d) Issuance and Service of Civil Investigative 
     Demands.--
       ``(1) In general.--Whenever the Attorney General has reason 
     to believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation under this Act, the Attorney General may, 
     before commencing a civil action under subsection (a), issue 
     in writing and serve upon such person, a civil investigative 
     demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) False claims.--The provisions of section 3733 of 
     title 31, United States Code, governing the authority to 
     issue, use, and enforce civil investigative demands shall 
     apply with respect to the authority to issue, use, and 
     enforce civil investigative demands under this section, 
     except that, for purposes of applying such section 3733--
       ``(A) references to false claims law investigators or 
     investigations shall be considered references to 
     investigators or investigations under this Act;
       ``(B) references to interrogatories shall be considered 
     references to written questions, and answers to such need not 
     be under oath;
       ``(C) the definitions relating to `false claims law' shall 
     not apply; and
       ``(D) provisions relating to qui tam relators shall not 
     apply.
       ``(3) Annual report.--
       ``(A) In general.--Not later than one year after the date 
     of the enactment of the National Defense Authorization Act 
     for Fiscal Year 2013 and not less frequently than once each 
     year thereafter, the Attorney General 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 issuance of civil 
     investigative demands under this subsection during the 
     previous one-year period.
       ``(B) Elements.--Each report submitted under subparagraph 
     (A) shall include the following for the year covered by the 
     report:
       ``(i) The number of times that a civil investigative demand 
     was issued under this subsection.
       ``(ii) For each civil investigative demand issued under 
     this subsection with respect to an investigation, whether 
     such investigation resulted in a settlement or conviction.''.
       (b) Effective Date.--Subsection (d) of such section, as 
     added by subsection (a), shall take effect on the date of the 
     enactment of this Act and shall apply with respect to 
     violations of the Servicemembers Civil Relief Act (50 U.S.C. 
     App. 501 et seq.) alleged to have occurred on or after such 
     date.

     SEC. 1808. DEFINITION OF MILITARY ORDERS AND CONTINENTAL 
                   UNITED STATES.

       (a) Transfer of Definition.--The Servicemembers Civil 
     Relief Act (50 U.S.C. App. 501 et seq.) is amended by 
     transferring paragraphs (1) and (2) of section 305(i) (50 
     U.S.C. App. 535(i)) to the end of section 101 (50 U.S.C. App. 
     511) and redesignating those paragraphs as paragraphs (10) 
     and (11).
       (b) Conforming Amendments.--Such Act is further amended--
       (1) in section 305 (50 U.S.C. App. 535), as amended by 
     subsection (a), by striking subsection (i); and
       (2) in section 705 (50 U.S.C. App. 595) by striking ``or 
     naval'' both places it appears.

    TITLE XIX--EMPLOYMENT AND REEMPLOYMENT RIGHTS OF MEMBERS OF THE 
                           UNIFORMED SERVICES

     SEC. 1901. ENFORCEMENT OF RIGHTS OF MEMBERS OF UNIFORMED 
                   SERVICES WITH RESPECT TO STATES AND PRIVATE 
                   EMPLOYERS.

       (a) Action for Relief.--Subsection (a) of section 4323 of 
     title 38, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking ``appear on behalf of, and act as attorney 
     for, the person on whose behalf the complaint is submitted 
     and'';
       (B) by striking ``for such person'';
       (C) by striking the fourth sentence; and
       (D) by adding at the end the following: ``The person on 
     whose behalf the complaint is referred may, upon timely 
     application, intervene in such action, and may obtain such 
     appropriate relief as is provided in subsections (d) and 
     (e).'';
       (2) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2)(A) Not later than 60 days after the date the Attorney 
     General receives a referral under paragraph (1), the Attorney 
     General shall transmit, in writing, to the person on whose 
     behalf the complaint is submitted--
       ``(i) if the Attorney General has made a decision to 
     commence an action for relief under paragraph (1) relating to 
     the complaint of the person, notice of the decision; and
       ``(ii) if the Attorney General has not made such a 
     decision, notice of when the Attorney General expects to make 
     such a decision.
       ``(B) If the Attorney General notifies a person that the 
     Attorney General expects to make a decision under 
     subparagraph (A)(ii), the Attorney General shall, not later 
     than 30 days after the date on which the Attorney General 
     makes such decision, notify, in writing, the person of such 
     decision.'';
       (3) by redesignating paragraph (3) as paragraph (4);
       (4) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) Whenever the Attorney General has reasonable cause to 
     believe that a State (as an employer) or a private employer 
     is engaged in a pattern or practice of resistance to the full 
     enjoyment of any of the rights and benefits provided for 
     under this chapter, and that the pattern or practice is of 
     such a nature and is intended to deny the full exercise of 
     such rights and benefits, the Attorney General may commence 
     an action for relief under this chapter.''; and
       (5) in paragraph (4), as redesignated by paragraph (3), by 
     striking subparagraph (C) and inserting the following new 
     subparagraph (C):
       ``(C) has been notified by the Attorney General that the 
     Attorney General does not intend to commence an action for 
     relief under paragraph (1) with respect to the complaint 
     under such paragraph.''.
       (b) Standing.--Subsection (f) of such section is amended to 
     read as follows:
       ``(f) Standing.--An action under this chapter may be 
     initiated only by the Attorney General or by a person 
     claiming rights or benefits under this chapter under 
     subsection (a).''.
       (c) Conforming Amendment.--Subsection (h)(2) of such 
     section is amended by striking ``under subsection (a)(2)'' 
     and inserting ``under paragraph (1) or (4) of subsection 
     (a)''.

     SEC. 1902. UNENFORCEABILITY OF AGREEMENTS TO ARBITRATE 
                   DISPUTES ARISING UNDER CHAPTER 43 OF TITLE 38, 
                   UNITED STATES CODE.

       (a) In General.--Subchapter III of chapter 43 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 4328. Unenforceability of agreements to arbitrate 
       disputes

       ``(a) Protection of Employee Rights.--Notwithstanding any 
     other provision of law, any provision of any agreement 
     between an employer and an employee that requires arbitration 
     of a dispute arising under this chapter shall not be 
     enforceable.
       ``(b) Exception.--Subsection (a) shall not apply with 
     respect to any dispute if, after such dispute arises, the 
     parties involved knowingly and voluntarily agree to submit 
     such dispute to arbitration.
       ``(c) Validity and Enforcement.--Any issue as to whether 
     this section applies to an arbitration clause shall be 
     determined by Federal law. Except as otherwise provided in 
     chapter 1 of title 9, the validity or enforceability of an 
     agreement to arbitrate referred to in subsection (a) or (b) 
     shall be determined by a court, rather than the arbitrator, 
     regardless of whether the party resisting arbitration 
     challenges the agreement to arbitrate specifically or in 
     conjunction with other terms of the agreement.
       ``(d) Application.--This section shall apply with respect 
     to all contracts and agreements between an employer and an 
     employee in

[[Page S7236]]

     force before, on, or after the date of the enactment of this 
     section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 4327 the following new item:

``4328. Unenforceability of agreements to arbitrate disputes.''.
       (c) Application.--The provisions of section 4328 of title 
     38, United States Code, as added by subsection (a), shall 
     apply to--
       (1) any failure to comply with a provision of or any 
     violation of chapter 43 of title 38, United States Code, that 
     occurs before, on, or after the date of the enactment of this 
     Act; and
       (2) all actions or complaints filed under such chapter 43 
     that are pending on or after the date of the enactment of 
     this Act.

     SEC. 1903. SUSPENSION, TERMINATION, OR DEBARMENT OF 
                   CONTRACTORS FOR REPEATED VIOLATIONS OF 
                   EMPLOYMENT OR REEMPLOYMENT RIGHTS OF MEMBERS OF 
                   UNIFORMED SERVICES.

       (a) In General.--Subchapter III of chapter 43 of title 38, 
     United States Code, as amended by section 1902, is further 
     amended by adding at the end the following new section:

     ``Sec. 4329. Suspension, termination, or debarment of 
       contractors

       ``(a) Grounds for Suspension, Termination, or Debarment.--
     Payment under a contract awarded by a Federal executive 
     agency may be suspended and the contract may be terminated, 
     and the contractor who made the contract with the agency may 
     be suspended or debarred in accordance with the requirements 
     of this section, if the head of the agency determines that 
     the contractor as an employer has repeatedly been convicted 
     of failing or refusing to comply with one or more provisions 
     of this chapter.
       ``(b) Effect of Debarment.--A contractor debarred by a 
     final decision under this section is ineligible for award of 
     a contract by a Federal executive agency, and for 
     participation in a future procurement by a Federal executive 
     agency, for a period specified in the decision, not to exceed 
     5 years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 43 of such title, as amended by section 
     1902, is further amended by inserting after the item relating 
     to section 4328, as added by section 1902, the following new 
     item:

``4329. Suspension, termination, or debarment of contractor.''.
       (c) Regulations.--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 
     carry out section 4329 of title 38, United States Code, as 
     added by subsection (a).
       (d) Effective Date.--Section 4329 of title 38, United 
     States Code, as added by subsection (a), shall apply with 
     respect to failures and refusals to comply with provisions of 
     chapter 43 of such title occurring on or after the date of 
     the enactment of this Act.
       (e) Annual Report.--Section 4332(a) of such title is 
     amended--
       (1) by redesignating paragraph (10) as paragraph (11); and
       (2) by inserting after paragraph (9) the following new 
     paragraph (10):
       ``(10) The number of suspensions, terminations, and 
     debarments under section 4329 of this title, disaggregated by 
     the agency or department imposing the suspension or 
     debarment.''.

     SEC. 1904. SUBPOENA POWER FOR SPECIAL COUNSEL IN ENFORCEMENT 
                   OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF 
                   MEMBERS OF UNIFORMED SERVICES WITH RESPECT TO 
                   FEDERAL EXECUTIVE AGENCIES.

       Section 4324 of title 38, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(e)(1) In order to carry out the Special Counsel's 
     responsibilities under this section, the Special Counsel may 
     require by subpoena the attendance and testimony of Federal 
     employees and the production of documents from Federal 
     employees and Federal executive agencies.
       ``(2) In the case of contumacy or failure to obey a 
     subpoena issued under paragraph (1), upon application by the 
     Special Counsel, the Merit Systems Protection Board may issue 
     an order requiring a Federal employee or Federal executive 
     agency to comply with a subpoena of the Special Counsel.
       ``(3) An order issued under paragraph (2) may be enforced 
     by the Merit Systems Protection Board in the same manner as 
     any order issued under section 1204 of title 5.''.

     SEC. 1905. ISSUANCE AND SERVICE OF CIVIL INVESTIGATIVE 
                   DEMANDS BY ATTORNEY GENERAL.

       (a) In General.--Section 4323 of title 38, United States 
     Code, is amended--
       (1) by redesignating subsection (i) as subsection (j); and
       (2) by inserting after subsection (h) the following new 
     subsection (i):
       ``(i) Issuance and Service of Civil Investigative 
     Demands.--(1) Whenever the Attorney General has reason to 
     believe that any person may be in possession, custody, or 
     control of any documentary material relevant to an 
     investigation under this subchapter, the Attorney General 
     may, before commencing a civil action under subsection (a), 
     issue in writing and serve upon such person, a civil 
     investigative demand requiring--
       ``(A) the production of such documentary material for 
     inspection and copying;
       ``(B) that the custodian of such documentary material 
     answer in writing written questions with respect to such 
     documentary material; or
       ``(C) the production of any combination of such documentary 
     material or answers.
       ``(2) The provisions of section 3733 of title 31 governing 
     the authority to issue, use, and enforce civil investigative 
     demands shall apply with respect to the authority to issue, 
     use, and enforce civil investigative demands under this 
     section, except that, for purposes of applying such section 
     3733--
       ``(A) references to false claims law investigators or 
     investigations shall be considered references to 
     investigators or investigations under this subchapter;
       ``(B) references to interrogatories shall be considered 
     references to written questions, and answers to such need not 
     be under oath;
       ``(C) the definitions relating to `false claims law' shall 
     not apply; and
       ``(D) provisions relating to qui tam relators shall not 
     apply.''.
       (b) Effective Date.--Subsection (i) of such section, as 
     added by subsection (a)(2), shall take effect on the date of 
     the enactment of this Act and shall apply with respect to 
     violations of chapter 43 of such title alleged to have 
     occurred on or after such date.
       (c) Annual Reports.--Section 4332(b)(2) of such title is 
     amended--
       (1) by striking ``Not later than'' and inserting the 
     following:
       ``(A) In general.--Not later than''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) Annual supplement on civil investigative demands.--
       ``(i) In general.--The Attorney General shall include with 
     each report submitted under subparagraph (A) for the last 
     quarter of each fiscal year a report on the issuance of civil 
     investigative demands under section 4323(i) of this title 
     during the most recently completed fiscal year.
       ``(ii) Elements.--Each report submitted under clause (i) 
     shall include the following for the fiscal year covered by 
     the report:

       ``(I) The number of times that a civil investigative demand 
     was issued under section 4323(i) of this title.
       ``(II) For each civil investigative demand issued under 
     such section with respect to an investigation, whether such 
     investigation resulted in a settlement, order, or 
     judgment.''.

     SEC. 1906. ADMINISTRATIVE AND JUDICIAL REDRESS AND REMEDIES 
                   FOR PREFERENCE ELIGIBLES UNDER TITLE 5, UNITED 
                   STATES CODE.

       Section 3330a of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) For purposes of this section and sections 3330b and 
     3330c, the Federal Aviation Administration and the 
     Transportation Security Administration are agencies. This 
     section and sections 3330b and 3330c shall apply to any 
     individual who is a preference eligible with respect to the 
     Federal Aviation Administration and the Transportation 
     Security Administration.''.
                                 ______
                                 
  SA 3217. Ms. MIKULSKI (for herself, Mr. Cardin, and Mr. Kirk) 
submitted an amendment intended to be proposed by her to the bill S. 
3254, to authorize appropriations for fiscal year 2013 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1048. PROHIBITION ON RELOCATION OF ELECTRONIC ATTACK 
                   CAPABILITIES FROM JOINT BASE ANDREWS, MARYLAND.

       (a) Prohibition.--None of the funds authorized to be 
     appropriated by this Act or otherwise made available for 
     fiscal year 2013 for the Navy may be used to divest, retire, 
     or transfer, or prepare to divest, retire, or transfer, any 
     electronic attack squadron assigned to the Navy Reserve.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on the 
     impacts of relocating Electronic Attack capabilities from 
     Joint Base Andrews, Maryland, including a financial analysis 
     of such a relocation and an assessment of the security 
     impacts on the National Capital Region of such a relocation.
                                 ______
                                 
  SA 3218. Ms. SNOWE (for herself, Ms. Landrieu, Mrs. Gillibrand, Ms. 
Mikulski, and Mr. Kirk) submitted an amendment intended to be proposed 
by her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

[[Page S7237]]

     SEC. 847. CONTRACTING WITH SMALL BUSINESS CONCERNS OWNED AND 
                   CONTROLLED BY WOMEN.

       (a) Procurement Program for Women-owned Small Business 
     Concerns.--Section 8(m)(2) of the Small Business Act (15 
     U.S.C. 637(m)(2)) is amended--
       (1) in subparagraph (A), by striking ``who are economically 
     disadvantaged'';
       (2) in subparagraph (C), by striking ``paragraph (3)'' and 
     inserting ``paragraph (4)'';
       (3) by striking subparagraph (D); and
       (4) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (D) and (E), respectively.
       (b) Study and Report on Representation of Women.--Section 
     29 of the Small Business Act (15 U.S.C. 656) is amended by 
     adding at the end the following:
       ``(o) Study and Report on Representation of Women.--
       ``(1) Study.--The Administrator shall periodically conduct 
     a study to identify industries, as defined under the North 
     American Industry Classification System, underrepresented by 
     small business concerns owned and controlled by women.
       ``(2) Report.--Not later than 5 years after the date of 
     enactment of this subsection, and every 5 years thereafter, 
     the Administrator shall submit to the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Small Business of the House of Representatives a report on 
     the results of each study under paragraph (1) conducted 
     during the 5-year period ending on the date of the report.''.
                                 ______
                                 
  SA 3219. Mr. BURR (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:

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

     SEC. _____. VIETNAM VETERANS DAY.

       (a) Findings.--Congress finds that--
       (1) the Vietnam War was fought in the Republic of South 
     Vietnam from 1961 to 1975, and involved North Vietnamese 
     regular forces and Viet Cong guerrilla forces in armed 
     conflict with United States Armed Forces, allies of the 
     United States, and the armed forces of the Republic of 
     Vietnam;
       (2) the United States Armed Forces became involved in 
     Vietnam because the United States Government wanted to 
     provide direct military support to the Government of South 
     Vietnam to defend itself against the growing Communist threat 
     from North Vietnam;
       (3) members of the United States Armed Forces began serving 
     in an advisory role to the Government of the Republic of 
     South Vietnam in 1950;
       (4) as a result of the Gulf of Tonkin incidents on August 2 
     and 4, 1964, Congress overwhelmingly passed the Gulf of 
     Tonkin Resolution (Public Law 88-408), on August 7, 1964, 
     which provided the authority to the President of the United 
     States to prosecute the war against North Vietnam;
       (5) in 1965, United States Armed Forces ground combat units 
     arrived in Vietnam;
       (6) by September 1965, there were over 129,000 United 
     States troops in Vietnam, and by 1969, a peak of 
     approximately 543,000 troops was reached;
       (7) on January 27, 1973, the Agreement Ending the War and 
     Restoring Peace in Vietnam (commonly known as the ``Paris 
     Peace Accords'') was signed, which required the release of 
     all United States prisoners-of-war held in North Vietnam and 
     the withdrawal of all United States Armed Forces from South 
     Vietnam;
       (8) on March 29, 1973, the United States Armed Forces 
     completed the withdrawal of combat units and combat support 
     units from South Vietnam;
       (9) on April 30, 1975, North Vietnamese regular forces 
     captured Saigon, the capitol of South Vietnam, effectively 
     placing South Vietnam under Communist control;
       (10) more than 58,000 members of the United States Armed 
     Forces lost their lives in Vietnam and more than 300,000 
     members of the Armed Forces were wounded;
       (11) in 1982, the Vietnam Veterans Memorial was dedicated 
     in the District of Columbia to commemorate those members of 
     the United States Armed Forces who died or were declared 
     missing-in-action in Vietnam;
       (12) the Vietnam War was an extremely divisive issue among 
     the people of the United States and a conflict that caused a 
     generation of veterans to wait too long for the United States 
     public to acknowledge and honor the efforts and services of 
     such veterans;
       (13) members of the United States Armed Forces who served 
     bravely and faithfully for the United States during the 
     Vietnam War were often wrongly criticized for the policy 
     decisions made by 4 presidential administrations in the 
     United States;
       (14) the establishment of a ``Vietnam Veterans Day'' would 
     be an appropriate way to honor those members of the United 
     States Armed Forces who served in South Vietnam and 
     throughout Southeast Asia during the Vietnam War;
       (15) March 29 would be an appropriate day to establish as 
     ``Vietnam Veterans Day''; and
       (16) President Obama designated March 29, 2012, as Vietnam 
     Veterans Day under Presidential Proclamation 8789 (77 Fed. 
     Reg. 20275).
       (b) Vietnam Veterans Day.--Chapter 1 of title 36, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 145. Vietnam Veterans Day

       ``The President may issue each year a proclamation--
       ``(1) designating March 29 as Vietnam Veterans Day;
       ``(2) honoring and recognizing the contributions of 
     veterans who served in the United States Armed Forces in 
     Vietnam during war and during peace;
       ``(3) encouraging States and local governments to establish 
     a Vietnam Veterans Day; and
       ``(4) encouraging the people of the United States to 
     observe Vietnam Veterans Day with appropriate ceremonies and 
     activities that--
       ``(A) provide the appreciation veterans of the Vietnam War 
     deserve, but did not receive upon returning home from the 
     war;
       ``(B) demonstrate the resolve that never again shall the 
     people of the United States disregard and denigrate a 
     generation of veterans;
       ``(C) promote awareness of the faithful service and 
     contributions of the veterans of the Vietnam War during 
     military service as well as to the communities of the 
     veterans since returning home;
       ``(D) promote awareness of the importance of entire 
     communities empowering veterans and the families of veterans 
     in helping the veterans readjust to civilian life after 
     military service; and
       ``(E) promote opportunities for veterans of the Vietnam War 
     to assist younger veterans returning from the wars in Iraq 
     and Afghanistan in rehabilitation from wounds, both seen and 
     unseen, and to support the reintegration of younger veterans 
     into civilian life.''.
       (c) Conforming Amendment.--The table of sections for 
     chapter 1 of title 36, United States Code, is amended by 
     adding at the end the following:

``145. Vietnam Veterans Day.''.
                                 ______
                                 
  SA 3220. Mr. WICKER (for himself, Mr. Lieberman, and 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 XII, add the following:

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

       (a) Findings.--Congress 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

[[Page S7238]]

     Iron Dome and other United States-Israel missile defense 
     systems.
       (b) Sense of Congress.--Congress--
       (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 Congress of any 
     needs the Israeli Defense Force may have for additional Iron 
     Dome batteries, interceptors, or other equipment depleted 
     during the current conflict.
                                 ______
                                 
  SA 3221. Mr. BOOZMAN (for himself, Mr. Rubio, Mr. Pryor, Mrs. 
Gillibrand, Mr. Begich, 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 H of title X, add the following:

     SEC. 1084. OFF-BASE TRANSITION TRAINING FOR VETERANS AND 
                   SPOUSES OF VETERANS.

       (a) Provision of Off-Base Transition Training.--During the 
     three-year period beginning on the date of the enactment of 
     this Act, the Secretary of Labor shall provide the Transition 
     Assistance Program under section 1144 of title 10, United 
     States Code, to eligible individuals at locations other than 
     military installations in not less than three and not more 
     than five States selected by the Secretary.
       (b) Selection of Locations.--In selecting States in which 
     to carry out the training under subsection (a), the Secretary 
     shall select the States with the highest rates of veteran 
     unemployment. The Secretary shall provide such training to 
     veterans at a sufficient number of locations within the 
     selected States to meet the need. The Secretary shall select 
     such locations to facilitate access by participants and may 
     not select any location on a military installation other than 
     a National Guard or reserve facility that is not located on 
     an active duty military installation.
       (c) Eligible Individuals.--For purposes of this section, an 
     eligible individual is a veteran or the spouse of a veteran.
       (d) Inclusion of Information About Veterans Benefits.--The 
     Secretary shall ensure that the training provided under 
     subsection (a) generally follows the content of the 
     Transition Assistance Program under section 1144 of title 10, 
     United States Code.
       (e) Integrating Subject Matter Experts.--The Secretary of 
     Labor shall include in any contract entered into pursuant to 
     section 1144 of title 10, United States Code, or section 4113 
     of title 38, United States Code, a requirement to include 
     experts in subject matters relating to human resources 
     practices, including resume writing, interviewing and job 
     searching skills, and the provision of information about 
     post-secondary education.
       (f) Annual Report.--Not later than March 1 of any year 
     during which the Secretary provides training under subsection 
     (a), the Secretary shall submit to Congress a report on the 
     provision of such training.
       (g) Comptroller General Report.--Not later than 180 days 
     after the termination of the three-year period described in 
     subsection (a), the Comptroller General of the United States 
     shall submit to Congress a report on the training provided 
     under such subsection. The report shall include the 
     evaluation of the Comptroller General regarding the 
     feasibility of carrying out off-base transition training at 
     locations nationwide.
                                 ______
                                 
  SA 3222. Mr. JOHANNS submitted an amendment intended to be proposed 
by him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 935. SENSE OF CONGRESS ON THE UNITED STATES CYBER 
                   COMMAND.

       (a) Findings.--Congress makes the following findings:
       (1) On June 23, 2009, the Secretary of Defense directed the 
     Commander of the United States Strategic Command to establish 
     the United States Cyber Command, which became operational on 
     May 21, 2010, and operates as a sub-unified command 
     subordinate to the United States Strategic Command.
       (2) In May 2012, media reports indicated that General 
     Martin Dempsey, the Chairman of the Joint Chiefs of Staff, 
     planned to recommend to Secretary of Defense Leon Panetta 
     that the two-year-old United States Cyber Command be elevated 
     to full combatant command status.
       (3) On August 14, 2012, General Keith Alexander, the 
     Commander of the United States Cyber Command and the Director 
     of the National Security Agency, addressed the TechNet Land 
     Forces conference and stated that ``[i]n 2007 we drafted . . 
     . a paper . . . about establishing a Cyber Command . . . 
     [which concluded that] . . . the most logical is to set it up 
     as a sub unified and grow it to a unified, and I think that's 
     the process that we're going to work our way through''.
       (4) On October 11, 2012, Secretary of Defense Leon Panetta 
     discussed cybersecurity in a speech to the Business 
     Executives for National Security in New York, New York, 
     specifically calling for a strengthening of the United States 
     Cyber Command and stating that the Department of Defense 
     ``must ensure that [the United States Cyber Command] has the 
     resources, that it has the authorities, that it has the 
     capabilities required to perform this growing mission. And it 
     must also be able to react quickly to events unfolding in 
     cyberspace and help fully integrate cyber into all of the 
     department's plans and activities.''.
       (b) Sense of Congress.--Congress--
       (1) recognizes the serious cyber threat to national 
     security and the need to work both offensively and 
     defensively to protect the Nation's networks and critical 
     infrastructure;
       (2) acknowledges the importance of the unified command 
     structure of the Department in directing military operations 
     in cyberspace and recognizes that a change in the status of 
     the United States Cyber Command has Department-wide and 
     national security implications, which require careful 
     consideration;
       (3) expects to be briefed and consulted about any proposal 
     to elevate the United States Cyber Command to a unified 
     command before a decision by the Secretary make such a 
     proposal to the President and to receive, at a minimum--
       (A) a clear statement of mission and related legal 
     definitions;
       (B) an outline of the specific national security benefits 
     of elevating the sub-unified United States Cyber Command to a 
     unified command;
       (C) an estimate of the cost of creating a unified United 
     States Cyber Command and a justification of the expenditure; 
     and
       (D) if the Secretary considers it advisable to continue the 
     designation of the Commander of the United States Cyber 
     Command as also being the Director of the National Security 
     Agency--
       (i) an explanation of how a single individual could serve 
     as a commander of a combatant command that conducts overt, 
     albeit clandestine, cyber operations under title 10, United 
     States Code, as well as the director of an intelligence 
     agency that conducts covert cyber operations under the 
     National Security Act of 1947 (50 U.S.C. 401 et seq.) in a 
     manner that affords deniability to the United States; and
       (ii) a statement of whether the Secretary believes it is 
     appropriate either to appoint a line officer as the Director 
     of the National Security Agency or to take the unprecedented 
     step of appointing an intelligence officer as a unified 
     commander; and
       (4) believes that appropriate policy foundations and 
     standing rules of engagement must be in place before any 
     decision to create a unified United States Cyber Command.
                                 ______
                                 
  SA 3223. Mr. DURBIN (for himself, Mr. Enzi, Mr. Alexander, Mr. 
Whitehouse, Mr. Johnson of South Dakota, Mr. Pryor, Mr. Boozman, Mr. 
Blunt, Mr. Akaka, Mr. Cardin, Mr. Reed, Mr. Rockefeller, Ms. Landrieu, 
and Ms. Klobuchar) 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 __ --Marketplace Fairness

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Marketplace Fairness 
     Act''.

     SEC. __2. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) States should have the ability to enforce their 
     existing sales and use tax laws and to treat similar sales 
     transactions equally, without regard to the manner in which 
     the sale is transacted,
       (2) States should have    the right to collect--or decide 
     not to collect--taxes that are already owed under State law, 
     and
       (3) States should simplify their sales and use tax systems 
     to ease burdens on remote sellers.

     SEC. __3. AUTHORIZATION TO REQUIRE COLLECTION OF SALES AND 
                   USE TAXES.

       (a) Streamlined Sales and Use Tax Agreement.--Each Member 
     State under the

[[Page S7239]]

     Streamlined Sales and Use Tax Agreement is authorized to 
     require all sellers not qualifying for a small seller 
     exception to collect and remit sales and use taxes with 
     respect to remote sales sourced to that Member State pursuant 
     to the provisions of the Streamlined Sales and Use Tax 
     Agreement. Such authority shall commence beginning on the 
     date that the State publishes notice of the State's intent to 
     exercise the authority under this subtitle, but no earlier 
     than the first day of the calendar quarter that is at least 
     90 days after the date of the enactment of this Act.
       (b) Alternative.--
       (1) In general.--A State that is not a Member State under 
     the Streamlined Sales and Use Tax Agreement is authorized to 
     require all sellers not qualifying for the small seller 
     exception to collect and remit sales and use taxes with 
     respect to remote sales sourced to that State, but only if 
     the State adopts and implements minimum simplification 
     requirements. Such authority shall commence beginning no 
     earlier than the first day of the calendar quarter that is at 
     least 6 months after the date that the State enacts 
     legislation to exercise the authority granted by this 
     subtitle and to implement each of the following minimum 
     simplification requirements:
       (A) Provide--
       (i) a single entity within the State responsible for all 
     State and local sales and use tax administration, including 
     return processing and audits for remote sales sourced to the 
     State,
       (ii) a single audit of remote sellers for all State and 
     local taxing jurisdictions within that State, and
       (iii) a single sales and use tax return to be used by 
     remote sellers and single and consolidated providers and to 
     be filed with the single entity within the State.
       (B) Provide a uniform sales and use tax base among the 
     State and the local taxing jurisdictions within the State.
       (C) Source all interstate sales in compliance with the 
     sourcing regime set forth in section __6(8).
       (D) Provide--
       (i) adequate software and services to remote sellers and 
     single and consolidated providers that identifies the 
     applicable destination rate, including the State and local 
     sales tax rate (if any), to be applied on sales sourced to 
     the State, and
       (ii) certification procedures for both single providers and 
     consolidated providers to make software and services 
     available to remote sellers, and hold such providers harmless 
     for any errors or omissions as a result of relying on 
     information provided by the State.
       (E) Relieve remote sellers from liability to the State or 
     locality for the incorrect collection or remittance of sales 
     or use tax, including any penalties or interest, if the 
     liability is the result of an error or omission made by a 
     single or consolidated provider.
       (F) Relieve single and consolidated providers from 
     liability to the State or locality for the incorrect 
     collection or remittance of sales or use tax, including any 
     penalties or interest, if the liability is the result of 
     misleading or inaccurate information provided by a seller.
       (G) Relieve remote sellers and single and consolidated 
     providers from liability to the State or locality for the 
     incorrect collection or remittance of sales or use tax, 
     including any penalties or interest, if the liability is the 
     result of information provided by the State or locality.
       (H) Provide remote sellers and single and consolidated 
     providers with 30 days notice of a rate change by the State 
     or any locality in the State.
       (2) Treatment of local rate changes.--For purposes of this 
     subsection, local rate changes may only be effective on the 
     first day of a calendar quarter. Failure to provide notice 
     under paragraph (1)(H) shall require the State and locality 
     to hold the remote seller or single or consolidated provider 
     harmless for collecting tax at the immediately preceding 
     effective rate during the 30-day period. Each State must 
     provide updated rate information as part of the software and 
     services required by paragraph (1)(D).
       (c) Small Seller Exception.--A State shall be authorized to 
     require a remote seller, or a single or consolidated provider 
     acting on behalf of a remote seller, to collect sales or use 
     tax under this subtitle if the remote seller has gross annual 
     receipts in total remote sales in the United States in the 
     preceding calendar year exceeding $500,000.   For purposes of 
     determining whether the threshold in this subsection is met, 
     the sales of all persons related within the meaning of 
     subsections (b) and (c) of section 267 or section 707(b)(1) 
     of the Internal Revenue Code of 1986 shall be aggregated.

     SEC. __4. TERMINATION OF AUTHORITY.

       The authority granted to a State by this subtitle shall 
     terminate on the date that the highest court of competent 
     jurisdiction makes a final determination that the State no 
     longer meets the requirements of this subtitle, and the 
     determination of such court is no longer subject to appeal.

     SEC. __5. LIMITATIONS.

       (a) In General.--Nothing in this subtitle shall be 
     construed as--
       (1) subjecting a seller or any other person to franchise, 
     income, or any other type of taxes, other than sales and use 
     taxes,
       (2) affecting the application of such taxes, or
       (3) enlarging or reducing State authority to impose such 
     taxes.
       (b) No Effect on Nexus.--No obligation imposed by virtue of 
     the authority granted by this subtitle shall be considered in 
     determining whether a seller or any other person has a nexus 
     with any State for any purpose other than sales and use 
     taxes.
       (c) Licensing and Regulatory Requirements.--Other than the 
     limitation set forth in subsection (a), and section __3, 
     nothing in this subtitle shall be construed as permitting or 
     prohibiting a State from--
       (1) licensing or regulating any person,
       (2) requiring any person to qualify to transact intrastate 
     business,
       (3) subjecting any person to State taxes not related to the 
     sale of goods or services, or
       (4) exercising authority over matters of interstate 
     commerce.
       (d) No New Taxes.--Nothing in this subtitle shall be 
     construed as encouraging a State to impose sales and use 
     taxes on any goods or services not subject to taxation prior 
     to the date of the enactment of this Act.
       (e) No Effect on Mobile Telecommunications Sourcing Act.--
     Nothing in this subtitle shall be construed as altering in 
     any manner or preempting the Mobile Telecommunications 
     Sourcing Act (4 U.S.C. 116-126).
       (f) Intrastate Sales.--The provisions of this subtitle 
     shall only apply to remote sales and shall not apply to 
     intrastate sales or intrastate sourcing rules. States granted 
     authority under section 3(a) shall comply with the intrastate 
     provisions of the Streamlined Sales and Use Tax Agreement.

     SEC. __6. DEFINITIONS AND SPECIAL RULES.

       In this subtitle:
       (1) Consolidated provider.--The term ``consolidated 
     provider'' means any person certified by a State who has the 
     rights and responsibilities for sales and use tax 
     administration, collection, remittance, and audits for 
     transactions serviced or processed for the sale of goods or 
     services made by remote sellers on an aggregated basis.
       (2) Locality; local.--The terms ``locality'' and ``local'' 
     refer to any political subdivision of a State.
       (3) Member state.--The term ``Member State''--
       (A) means a Member State as that term is used under the 
     Streamlined Sales and Use Tax Agreement as in effect on the 
     date of the enactment of this Act, and
       (B) does not include any associate member under the 
     Streamlined Sales and Use Tax Agreement.
       (4) Person.--The term ``person'' means an individual, 
     trust, estate, fiduciary, partnership, corporation, limited 
     liability company, or other legal entity, and a State or 
     local government.
       (5) Remote sale.--The term ``remote sale'' means a sale of 
     goods or services attributed to a State with respect to which 
     a seller does not have adequate physical presence to 
     establish nexus under Quill Corp. v. North Dakota, 504 U.S. 
     298 (1992).
       (6) Remote seller.--The term ``remote seller'' means a 
     person that makes remote sales in a State.
       (7) Single provider.--The term ``single provider'' means 
     any person certified by a State who has the rights and 
     responsibilities for sales and use tax administration, 
     collection, remittance, and audits for transactions serviced 
     or processed for the sale of goods or services made by remote 
     sellers.
       (8) Sourced.--For purposes of a State granted authority 
     under section __3(b), the location to which a remote sale is 
     sourced refers to the location where the item sold is 
     received by the purchaser, based on the location indicated by 
     instructions for delivery that the purchaser furnishes to the 
     seller. When no delivery location is specified, the remote 
     sale is sourced to the customer's address that is either 
     known to the seller or, if not known, obtained by the seller 
     during the consummation of the transaction, including the 
     address of the customer's payment instrument if no other 
     address is available. If an address is unknown and a billing 
     address cannot be obtained, the remote sale is sourced to the 
     address of the seller from which the remote sale was made. A 
     State granted authority under section __3(a) shall comply 
     with the sourcing provisions of the Streamlined Sales and Use 
     Tax Agreement.
       (9) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, American Samoa, the United States Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and any 
     other territory or possession of the United States.
       (10) Streamlined sales and use tax agreement.--The term 
     ``Streamlined Sales and Use Tax Agreement'' means the multi-
     State agreement with that title adopted on November 12, 2002, 
     as in effect on the date of the enactment of this Act and as 
     further amended from time to time.

     SEC. __7. SEVERABILITY.

       If any provision of this subtitle or the application of 
     such provision to any person or circumstance is held to be 
     unconstitutional, the remainder of this subtitle and the 
     application of the provisions of such to any person or 
     circumstance shall not be affected thereby.
                                 ______
                                 
  SA 3224. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for

[[Page S7240]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. CERTAIN DUTY REQUIRED AS CONDITION OF PROMOTION OF 
                   ARMY AND AIR FORCE OFFICERS TO BRIGADIER 
                   GENERAL.

       (a) In General.--Chapter 36 of title 10, is amended by 
     inserting after section 619a the following new section:

     ``Sec. 619b. Eligibility for consideration for promotion: 
       Guard or Reserve duty required before promotion of Army and 
       Air Force officers to brigadier general; active duty 
       required before promotion of Reserve Army and Air Force 
       officers to brigadier general

       ``(a) Guard or Reserve Duty Required for Officers on 
     Active-duty List.--After the end of the one-year period 
     beginning on the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013, an officer on 
     the active-duty list of the Army or Air Force may not be 
     appointed to the grade of brigadier general unless the 
     officer has completed a tour of duty of at least one year in 
     a Guard or Reserve duty assignment.
       ``(b) Active Duty Required for Reserve Officers.--After the 
     end of the one-year period beginning on the date of the 
     enactment of the date of the enactment of the National 
     Defense Authorization Act for Fiscal Year 2013, a Reserve 
     officer of the Army or Air Force may not be appointed to the 
     grade of brigadier general unless the officer has completed 
     an aggregate of at least one year on active duty in the armed 
     forces (other than for training).
       ``(c) Exceptions.--Subject to subsection (d), the Secretary 
     of Defense may waive subsection (a) or (b) in the following 
     circumstances:
       ``(1) When necessary for the good of the service.
       ``(2) In the case of--
       ``(A) a medical officer, dental officer, veterinary 
     officer, medical service officer, nurse, or biomedical 
     science officer;
       ``(B) a chaplain; or
       ``(C) a judge advocate.
       ``(3) With respect to subsection (a), in the case of an 
     officer whose proposed selection for promotion is based 
     primarily upon scientific and technical qualifications for 
     which Guard or Reserve requirements do not exist.
       ``(4) With respect to subsection (a), in the case of an 
     officer selected by a promotion board for appointment to the 
     grade of brigadier general while serving in a Guard or 
     Reserve duty assignment if at least 180 days of that 
     assignment have been completed on the date of the convening 
     of that selection board.
       ``(d) Regulations.--The Secretary of Defense shall 
     prescribe regulations to carry out this section. The 
     regulations shall specifically identify for purposes of 
     subsection (c)(3) those categories of officers for which 
     selection for promotion to brigadier general is based 
     primarily upon scientific and technical qualifications for 
     which Guard or Reserve requirements do not exist.
       ``(e) Guard or Reserve Duty Assignment Defined.--In this 
     section, the term `Guard or Reserve duty assignment' means an 
     assignment involving the organizing, administering, 
     recruiting, instructing, or training the reserve components, 
     preferably in an assignment maximizing exposure to the unique 
     capabilities of the National Guard and Reserve, other than an 
     assignment to a Reserve Officers Training Corps unit.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of subchapter II of chapter 36 of such title is 
     amended by inserting after the item relating to section 619a 
     the following new item:

``619b. Eligibility for consideration for promotion: Guard or Reserve 
              duty required before promotion of Army and Air Force 
              officers to brigadier general; active duty required 
              before promotion of Reserve Army and Air Force officers 
              to brigadier general.''.
                                 ______
                                 
  SA 3225. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 561. REPORT ON STRATEGY TO TRANSITION TO USE OF HUMAN-
                   BASED METHODS FOR CERTAIN MEDICAL TRAINING.

       (a) Report.--
       (1) In general.--Not later than March 1, 2013, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report that outlines a strategy to 
     refine and, when appropriate, transition to using human-based 
     training methods for the purpose of training members of the 
     Armed Forces in the treatment of combat trauma injuries by 
     October 1, 2017.
       (2) Elements.--The report under paragraph (1) shall include 
     the following:
       (A) Required research, development, testing, and evaluation 
     investments to validate human-based training methods to 
     refine, reduce, and, when appropriate, transition from the 
     use of live animals in medical education and training by 
     October 1, 2015.
       (B) Phased sustainment and readiness costs to refine, 
     reduce, and, when appropriate, replace the use of live 
     animals in medical education and training by October 1, 2017.
       (C) Any risks associated with transitioning to human-based 
     training methods, including resource availability, 
     anticipated technological development timelines, and 
     potential impact on the present combat trauma training 
     curricula.
       (D) An assessment of the potential effect of transitioning 
     to human based-training methods on the quality of medical 
     care delivered on the battlefield including any reduction in 
     the competency of combat medical personnel.
       (E) An assessment of risks to maintaining the level of 
     combat life-saver techniques performed by all members of the 
     Armed Forces.
       (b) Updated Annual Reports.--Not later than March 1, 2014, 
     and each year thereafter, the Secretary shall submit to the 
     congressional defense committees a report on the development 
     and implementation of human-based training methods for the 
     purposes of training members of the Armed Forces in the 
     treatment of combat trauma injuries under this section.
       (c) Definitions.--In this section:
       (1) The term ``combat trauma injuries'' means severe 
     injuries likely to occur during combat, including--
       (A) extremity hemorrhage;
       (B) tension pneumothorax;
       (C) amputation resulting from blast injury;
       (D) compromises to the airway; and
       (E) other injuries.
       (2) The term ``human-based training methods'' means, with 
     respect to training individuals in medical treatment, the use 
     of systems and devices that do not use animals, including--
       (A) simulators;
       (B) partial task trainers;
                                 ______
                                 
  SA 3226. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

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

       (a) Transfer of Functions.--
       (1) Transfer.--The responsibility and authority for 
     operation and administration of the Troops-to-Teachers 
     Program under chapter A of subpart 1 of part C of title II of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671 et seq.) is transferred from the Secretary of Education 
     to the Secretary of Defense.
       (2) Memorandum of agreement.--In connection with the 
     transfer of responsibility and authority for operation and 
     administration of the Troops-to-Teachers Program from the 
     Secretary of Education to the Secretary of Defense under 
     paragraph (1), the Secretaries shall enter into a memorandum 
     of agreement pursuant to which the Secretary of Education 
     will undertake the following:
       (A) Disseminate information about the Troops-to-Teachers 
     Program to eligible schools (as defined in section 2301(3) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671(3)), as added by subsection (b)(2)).
       (B) Advise the Department of Defense on how to prepare 
     eligible members of the Armed Forces described in section 
     2303(a) of such Act to become participants in the Program to 
     meet the requirements necessary to become a teacher in an 
     eligible school.
       (C) Advise the Department of Defense on how to identify 
     teacher preparation programs for participants in the Program.
       (D) Inform the Department of Defense of academic subject 
     areas with critical teacher shortages.
       (E) Identify geographic areas with critical teacher 
     shortages, especially in high-need schools (as defined in 
     section 2301(4) of such Act, as added by subsection (b)(2)).
       (3) Effective date.--The transfer of responsibility and 
     authority for operation and administration of the Troops-to-
     Teachers Program under paragraph (1) shall take effect--
       (A) on the first day of the first month beginning more than 
     90 days after the date of the enactment of this Act; or
       (B) on such earlier date as the Secretary of Education and 
     the Secretary of Defense may jointly provide.
       (b) Definitions.--Section 2301 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6671) is amended--
       (1) by redesignating paragraphs (2) through (5) as 
     paragraphs (5) through (8), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Charter school.--The term `charter school' has the 
     meaning given that term in section 5210.

[[Page S7241]]

       ``(3) Eligible school.--The term `eligible school' means--
       ``(A) a public school, including a charter school, at 
     which--
       ``(i) at least 30 percent of the students enrolled in the 
     school are from families with incomes below 185 percent of 
     poverty level (as defined by the Office of Management and 
     Budget and revised at least annually in accordance with 
     section 9(b)(1) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1758(b)(1)) applicable to a family of 
     the size involved; or
       ``(ii) at least 13 percent of the students enrolled in the 
     school qualify for assistance under part B of the Individuals 
     with Disabilities Education Act; or
       ``(B) a Bureau-funded school as defined in section 1141 of 
     the Education Amendments of 1978 (25 U.S.C. 2021).
       ``(4) High-need school.--Except for purposes of section 
     2304(d), the term `high-need school' means--
       ``(A) an elementary school or middle school in which at 
     least 50 percent of the enrolled students are children from 
     low-income families, based on the number of children eligible 
     for free and reduced priced lunches under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 
     the number of children in families receiving assistance under 
     the State program funded under part A of title IV of the 
     Social Security Act (42 U.S.C. 601 et seq.), the number of 
     children eligible to receive medical assistance under the 
     Medicaid program, or a composite of these indicators;
       ``(B) a high school in which at least 40 percent of 
     enrolled students are children from low-income families, 
     which may be calculated using comparable data from feeder 
     schools; or
       ``(C) a school that is in a local educational agency that 
     is eligible under section 6211(b).''.
       (c) Program Authorization.--Section 2302 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6672(b)) is 
     amended by striking subsections (b) through (e) and inserting 
     the following:
       ``(b) Program Authorized.--The Secretary may carry out a 
     program (to be known as the `Troops-to-Teachers Program') to 
     assist eligible members of the Armed Forces described in 
     section 2303(a) to obtain certification or licensing as 
     elementary school teachers, secondary school teachers, or 
     vocational or technical teachers to meet the requirements 
     necessary to become a teacher in an eligible school.
       ``(c) Authority for Program.--In accordance with section 
     561(a) of division A of the National Defense Authorization 
     Act for Fiscal Year 2013, the Secretary of Defense shall have 
     the responsibility and authority for operation and 
     administration of the program under this chapter. All 
     references to the term `Secretary' with respect to the 
     Troops-to-Teachers Program under this chapter shall be deemed 
     to refer to the Secretary of Defense, notwithstanding section 
     9101(39), except as provided in section 2301(8) or as 
     otherwise specified.''.
       (d) Years of Service Requirements.--Section 
     2303(a)(2)(A)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended by 
     striking ``6 or more years'' and inserting ``4 or more 
     years''.
       (e) Participation Agreement.--
       (1) Amendment.--Section 2304 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6674) is amended--
       (A) by striking paragraph (1) of subsection (a) and 
     inserting the following:
       ``(1) In general.--An eligible member of the Armed Forces 
     selected to participate in the Program under section 2303 and 
     to receive financial assistance under this section shall be 
     required to enter into an agreement with the Secretary in 
     which the member agrees--
       ``(A) within such time as the Secretary may require, to 
     obtain certification or licensing as an elementary school 
     teacher, secondary school teacher, or vocational or technical 
     teacher to meet the requirements necessary to become a 
     teacher in an eligible school; and
       ``(B) to accept an offer of full-time employment as an 
     elementary school teacher, secondary school teacher, or 
     vocational or technical teacher for not less than 3 school 
     years in an eligible school, to begin the school year after 
     obtaining that certification or licensing.''; and
       (B) by striking subsection (f) and inserting the following:
       ``(f) Reimbursement Under Certain Circumstances.--A 
     participant who is paid a stipend or bonus shall be subject 
     to the repayment provisions of section 373 of title 37, 
     United States Code under the following circumstances:
       ``(1) Failure to obtain qualifications or employment.--The 
     participant fails to obtain teacher certification or 
     licensing or to meet the requirements necessary to become a 
     teacher in an eligible school or to obtain employment as an 
     elementary school teacher, secondary school teacher, or 
     vocational or technical teacher as required by the 
     participation agreement.
       ``(2) Termination of employment.--The participant 
     voluntarily leaves, or is terminated for cause from, 
     employment as an elementary school teacher, secondary school 
     teacher, or vocational or technical teacher during the 3 
     years of required service in violation of the participation 
     agreement.
       ``(3) Failure to complete service under reserve commitment 
     agreement.--The participant executed a written agreement with 
     the Secretary concerned under section 2303(e)(2) to serve as 
     a member of a reserve component of the Armed Forces for a 
     period of 3 years and fails to complete the required term of 
     service.''.
       (f) Effective Date.--The amendments made by subsections (b) 
     through (e) shall take effect beginning on the date upon 
     which the transfer of authority and responsibility for 
     operation and administration of the Troops-to-Teachers 
     Program takes effect, in accordance with subsection (a)(3).
                                 ______
                                 
  SA 3227. 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) Complementing the efforts supporting 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 3228. Mr. BAUCUS (for himself, Mr. Sanders, and Mr. Franken) 
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 X, add the following:

     SEC. 1005. FUNDING FOR OPERATION ENDURING FREEDOM AFTER 
                   DECEMBER 31, 2014.

       Amounts authorized to be appropriated for the Department of 
     Defense for Overseas Contingency Operations may not be 
     available after December 31, 2014, for Operation Enduring 
     Freedom or any successor military activities in a country in 
     which Operation Enduring Freedom is or has been conducted as 
     of that date.
                                 ______
                                 
  SA 3229. Mr. UDALL of Colorado (for himself, Mrs. Feinstein, and Mr. 
Tester) submitted an amendment intended to be proposed by him to the 
bill S. 3254, to authorize appropriations for fiscal year 2013 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 314. TERMS APPLICABLE TO LEASES FOR PLACEMENT OF SOLAR, 
                   WIND, AND BIOMASS ENERGY PRODUCTION FACILITIES 
                   ON WITHDRAWN LANDS.

       (a) In General.--Subchapter II of chapter 173 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2922h. Leases for placement of solar, wind, and 
       biomass energy production facilities on withdrawn lands

       ``(a) Term of Lease.--In entering into a lease pursuant to 
     section 2667 for the placement of a solar, wind, or biomass 
     energy production facility on public lands withdrawn for 
     defense-related uses, the Secretary concerned may enter into 
     such a lease without regard to any provision of law limiting 
     the uses or term of withdrawal of such withdrawn public 
     lands, provided that the Secretary has obtained the prior 
     approval of the

[[Page S7242]]

     Secretary of the Interior of the proposed lease. The 
     Secretary concerned may enter into such a lease and the 
     Secretary of the Interior may approve such a lease 
     notwithstanding any limitation contained in any withdrawal by 
     Executive Order, Public Land Order, or Act of Congress. Any 
     such lease entered into by the Department of Defense for the 
     development, production or generation of a renewable energy 
     or electricity facility shall not require the Department to 
     buy energy or electricity from such facility or increase the 
     Department's outlays for energy costs of military 
     installations or facilities in subsequent years.
       ``(b) Transfers of Consideration.--Notwithstanding section 
     2215 of this title, for any energy production facility 
     subject to a lease covered by subsection (a) from which the 
     Department of Defense does not consume the entire energy 
     output, the Secretary concerned shall transfer to the 
     Secretary of the Interior--
       ``(1) from the net revenue provided to the Secretary under 
     such a lease, funds covering the costs of the Department of 
     the Interior in approving the lease;
       ``(2) 25 percent of the remaining revenue, to be available 
     for the Secretary of the Interior for expenditure, without 
     further appropriation, for management of Federal lands and 
     addressing and offsetting impacts of the energy production 
     facility, including lands withdrawn for defense-related uses; 
     and
       ``(3) 25 percent of the remaining revenue to be deposited 
     into a fund established in the Treasury, to be available for 
     the Secretary of the Interior for expenditure without further 
     appropriation and without fiscal year limitation, for fish 
     and wildlife habitat conservation on Federal lands and 
     securing recreational access to Federal land.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by adding at the end 
     the following new item:

``2922h. Leases for placement of solar, wind, and biomass energy 
              production facilities on withdrawn lands.''.
                                 ______
                                 
  SA 3230. Mrs. BOXER (for herself and Mr. Coburn) 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 appropriate place, insert the following:

     SEC. ___. UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                   DIPLOMACY.

       (a) Technical Amendment.--Section 604(a) of the United 
     States Information and Educational Exchange Act of 1948 (22 
     U.S.C. 1469(a)) is amended by inserting ``(referred to in 
     this section as the `Commission')'' before the period at the 
     end.
       (b) Duties and Responsibilities.--Section 604(c) of such 
     Act is amended to read as follows:
       ``(c) Duties and Responsibilities.--The Commission shall 
     appraise United States Government activities intended to 
     understand, inform, and influence foreign publics. The 
     activities described in this subsection shall be referred to 
     in this section as `public diplomacy activities'.''.
       (c) Reports.--Section 604(d) of such Act is amended to read 
     as follows:
       ``(d) Reports.--
       ``(1) Comprehensive annual report.--
       ``(A) In general.--Not less frequently than annually, the 
     Commission shall submit a comprehensive report on public 
     diplomacy and international broadcasting activities to 
     Congress, the President, and the Secretary of State. This 
     report shall include--
       ``(i) a detailed list of all public diplomacy activities 
     funded by the United States Government;
       ``(ii) a description of--

       ``(I) the purpose, means, and geographic scope of each 
     activity;
       ``(II) when each activity was started;
       ``(III) the amount of Federal funding expended on each 
     activity;
       ``(IV) any significant outside sources of funding; and
       ``(V) the Federal department or agency to which the 
     activity belongs;

       ``(iii) the international broadcasting activities under the 
     direction of the Broadcasting Board of Governors;
       ``(iv) an assessment of potentially duplicative public 
     diplomacy and international broadcasting activities; and
       ``(v) for any activities determined to be ineffective or 
     results not demonstrated under subparagraph (B), 
     recommendations on existing effective or moderately effective 
     public diplomacy activities that could be augmented to carry 
     out the objectives of the ineffective activities.
       ``(B) Effectiveness assessment.--In evaluating the public 
     diplomacy and international broadcasting activities described 
     in subparagraph (A), the Commission shall conduct an 
     assessment that considers the public diplomacy target impact, 
     the achieved impact, and the cost of public diplomacy 
     activities and international broadcasting. The assessment 
     shall include, if practicable, an appropriate metric such as 
     `cost-per-audience' or `cost-per-student' for each activity. 
     Upon the completion of the assessment, the Commission shall 
     the assign a rating of--
       ``(i) `effective' for activities that--

       ``(I) set appropriate goals;
       ``(II) achieve results; and
       ``(III) are well-managed and cost efficient;

       ``(ii) `moderately effective' for activities that--

       ``(I) achieve some results;
       ``(II) are generally well-managed; and
       ``(III) need to improve their performance results or cost 
     efficiency, including reducing overhead;

       ``(iii) `ineffective' for activities that--

       ``(I) are not making sufficient use of available resources 
     to achieve stated goals;
       ``(II) are not well-managed; or
       ``(III) have excessive overhead; and

       ``(iv) `results not demonstrated' for activities that--

       ``(I) do not have acceptable performance public diplomacy 
     metrics for measuring results; or
       ``(II) are unable or failed to collect data to determine if 
     they are effective.

       ``(2) Other reports.--
       ``(A) In general.--The Commission shall submit other 
     reports, including working papers, to Congress, the 
     President, and the Secretary of State at least semi-annually 
     on other activities and policies related to United States 
     public diplomacy.
       ``(B) Availability.--The Commission shall make the reports 
     submitted pursuant to subparagraph (A) publicly available on 
     the website of the Commission to develop a better 
     understanding of, and support for, public diplomacy 
     activities.
       ``(3) Access to information.--The Secretary of State shall 
     ensure that the Commission has access to all appropriate 
     information to carry out its duties and responsibilities 
     under this subsection.''.
       (d) Reauthorization.--
       (1) In general.--Section 1334 of the Foreign Affairs Reform 
     and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by 
     striking ``October 1, 2010'' and inserting ``October 1, 
     2014''.
       (2) Retroactivity of effective date.--The amendment made by 
     paragraph (1) shall take effect on October 1, 2010.
       (e) Funding.--From amounts appropriated by Congress under 
     the heading ``Diplomatic and consular programs'', the 
     Secretary of State shall allocate sufficient funding to the 
     United States Advisory Commission on Public Diplomacy to 
     carry out section 604 of the United States Information and 
     Educational Exchange Act of 1948 (22 U.S.C. 1469), as amended 
     by this section.
                                 ______
                                 
  SA 3231. Mr. DURBIN (for himself, Mrs. Boxer, Mr. Boozman, Mr. Coons, 
Mr. Brown of Ohio, 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. IMPOSITION OF SANCTIONS WITH RESPECT TO SUPPORT 
                   FOR THE REBEL GROUP KNOWN AS M23.

       (a) Blocking of Assets.--The Secretary of the Treasury 
     shall, pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.) or Executive Order 13413 
     (74 Fed. Reg. 64105; relating to blocking property of certain 
     persons contributing to the conflict in the Democratic 
     Republic of the Congo), block and prohibit all transactions 
     in all property and interests in property of a person 
     described in subsection (c) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (b) Visa Ban.--The Secretary of State shall deny a visa to, 
     and the Secretary of Homeland Security shall exclude from the 
     United States, any alien who is a person described in 
     subsection (c).
       (c) Persons Described.--A person described in this 
     subsection is a person that the President determines 
     provides, on or after the date of the enactment of this Act, 
     significant financial, material, or technological support to 
     M23.
       (d) Waiver.--The President may waive the application of 
     this section with respect to a person if the President 
     determines and reports to the appropriate congressional 
     committees that the waiver is in the national interest of the 
     United States.
       (e) Termination of Sanctions.--The President may terminate 
     sanctions imposed under this section with respect to a person 
     on and after the date on which the President determines and 
     reports to the appropriate congressional committees that the 
     person has terminated the provision of significant financial, 
     material, and technological support to M23.
       (f) Termination of Section.--This section shall terminate 
     on the date on which the President determines that M23 is no 
     longer a significant threat to peace and security in the 
     Democratic Republic of the Congo.
       (g) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Banking, Housing, and Urban Affairs 
     and the Committee on Foreign Relations of the Senate; and

[[Page S7243]]

       (B) the Committee on Financial Services and the Committee 
     on Foreign Affairs of the House of Representatives.
       (2) M23.--The term ``M23'' refers to the rebel group known 
     as M23 operating in the Democratic Republic of the Congo that 
     derives its name from the March 23, 2009, agreement between 
     the Government of the Democratic Republic of the Congo and 
     the National Congress for the Defense of the People (or any 
     successor group).
       (3) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States.
                                 ______
                                 
  SA 3232. Mr. MENENDEZ (for himself, Mr. Kirk, Mr. Lieberman, Mr. 
Schumer) 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 XII, add the following:

                       Subtitle E--Iran Sanctions

     SEC. 1251. SHORT TITLE.

       This subtitle may be cited as the ``Iran Freedom and 
     Counter-Proliferation Act of 2012''.

     SEC. 1252. DEFINITIONS.

       (a) In General.--In this subtitle:
       (1) Agricultural commodity.--The term ``agricultural 
     commodity'' has the meaning given that term in section 102 of 
     the Agricultural Trade Act of 1978 (7 U.S.C. 5602).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term in section 14 of the Iran Sanctions Act of 
     1996 (Public Law 104-172; 50 U.S.C. 1701 note).
       (3) Coal.--The term ``coal'' means metallurgical coal, 
     coking coal, or fuel coke.
       (4) Correspondent account; payable-through account.--The 
     terms ``correspondent account'' and ``payable-through 
     account'' have the meanings given those terms in section 
     5318A of title 31, United States Code.
       (5) Foreign financial institution.--The term ``foreign 
     financial institution'' has the meaning of that term as 
     determined by the Secretary of the Treasury pursuant to 
     section 104(i) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513(i)).
       (6) Iranian financial institution.--The term ``Iranian 
     financial institution'' has the meaning given that term in 
     section 104A(d) of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 
     8513b(d)).
       (7) Iranian person.--The term ``Iranian person'' means--
       (A) an individual who is a citizen or national of Iran; and
       (B) an entity organized under the laws of Iran or otherwise 
     subject to the jurisdiction of the Government of Iran.
       (8) Knowingly.--The term ``knowingly'', with respect to 
     conduct, a circumstance, or a result, means that a person has 
     actual knowledge, or should have known, of the conduct, the 
     circumstance, or the result.
       (9) Medical device.--The term ``medical device'' has the 
     meaning given the term ``device'' in section 201 of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).
       (10) Medicine.--The term ``medicine'' has the meaning given 
     the term ``drug'' in section 201 of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 321).
       (11) Shipping.--The term ``shipping'' refers to the 
     transportation of goods by a vessel and related activities.
       (12) United states person.--The term ``United States 
     person'' has the meaning given that term in section 101 of 
     the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2010 (22 U.S.C. 8511).
       (13) Vessel.--The term ``vessel'' has the meaning given 
     that term in section 3 of title 1, United States Code.
       (b) Determinations of Significance.--For purposes of this 
     subtitle, in determining if financial transactions or 
     financial services are significant, the President may 
     consider the totality of the facts and circumstances, 
     including factors similar to the factors set forth in section 
     561.404 of title 31, Code of Federal Regulations (or any 
     corresponding similar regulation or ruling).

     SEC. 1253. DECLARATION OF POLICY ON HUMAN RIGHTS.

       (a) Finding.--Congress finds that the interests of the 
     United States and international peace are threatened by the 
     ongoing and destabilizing actions of the Government of Iran, 
     including its massive, systematic, and extraordinary 
     violations of the human rights of its own citizens.
       (b) Declaration of Policy.--It shall be the policy of the 
     United States--
       (1) to deny the Government of Iran the ability to continue 
     to oppress the people of Iran and to use violence and 
     executions against pro-democracy protestors and regime 
     opponents;
       (2) to fully and publicly support efforts made by the 
     people of Iran to promote the establishment of basic freedoms 
     that build the foundation for the emergence of a freely 
     elected, open, and democratic political system;
       (3) to help the people of Iran produce, access, and share 
     information freely and safely via the Internet and through 
     other media; and
       (4) to defeat all attempts by the Government of Iran to jam 
     or otherwise obstruct international satellite broadcast 
     signals.

     SEC. 1254. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
                   ENERGY, SHIPPING, AND SHIPBUILDING SECTORS OF 
                   IRAN.

       (a) Findings.--Congress makes the following findings:
       (1) Iran's energy, shipping, and shipbuilding sectors and 
     Iran's ports are facilitating the Government of Iran's 
     nuclear proliferation activities by providing revenue to 
     support proliferation activities.
       (2) The United Nations Security Council and the United 
     States Government have expressed concern about the 
     proliferation risks presented by the Iranian nuclear program.
       (3) The Director General of the International Atomic Energy 
     Agency (in this section referred to as the ``IAEA'') has in 
     successive reports (GOV/2012/37 and GOV/2011/65) identified 
     possible military dimensions of Iran's nuclear program.
       (4) The Government of Iran continues to defy the 
     requirements and obligations contained in relevant IAEA Board 
     of Governors and United Nations Security Council resolutions, 
     including by continuing and expanding uranium enrichment 
     activities in Iran, as reported in IAEA Report GOV/2012/37.
       (5) United Nations Security Council Resolution 1929 (2010) 
     recognizes the ``potential connection between Iran's revenues 
     derived from its energy sector and the funding of Iran's 
     proliferation sensitive nuclear activities''.
       (6) The National Iranian Tanker Company is the main carrier 
     for the Iranian Revolutionary Guard Corps-designated National 
     Iranian Oil Company and a key element in the petroleum supply 
     chain responsible for generating energy revenues that support 
     the illicit nuclear proliferation activities of the 
     Government of Iran.
       (b) Designation of Ports and Entities in the Energy, 
     Shipping, and Shipbuilding Sectors of Iran as Entities of 
     Proliferation Concern.--Entities that operate ports in Iran 
     and entities in the energy, shipping, and shipbuilding 
     sectors of Iran, including the National Iranian Oil Company, 
     the National Iranian Tanker Company, the Islamic Republic of 
     Iran Shipping Lines, and their affiliates, play an important 
     role in Iran's nuclear proliferation efforts and all such 
     entities are hereby designated as entities of proliferation 
     concern.
       (c) Blocking of Property of Entities in Energy, Shipping, 
     and Shipbuilding Sectors.--
       (1) In general.--On and after the date that is 90 days 
     after the date of the enactment of this Act, the President 
     shall block and prohibit all transactions in all property and 
     interests in property of any person described in paragraph 
     (2) if such property and interests in property are in the 
     United States, come within the United States, or are or come 
     within the possession or control of a United States person.
       (2) Persons described.--A person is described in this 
     paragraph if the President determines that the person, on or 
     after the date that is 90 days after the date of the 
     enactment of this Act--
       (A) is part of the energy, shipping, or shipbuilding 
     sectors of Iran;
       (B) operates a port in Iran; or
       (C) knowingly provides significant financial, material, 
     technological, or other support to, or goods or services in 
     support of any activity or transaction on behalf of or for 
     the benefit of--
       (i) a person determined under subparagraph (A) to be a part 
     of the energy, shipping, or shipbuilding sectors of Iran;
       (ii) a person determined under subparagraph (B) to operate 
     a port in Iran; or
       (iii) an Iranian person included on the list of specially 
     designated nationals and blocked persons maintained by the 
     Office of Foreign Assets Control of the Department of the 
     Treasury (other than an Iranian financial institution 
     described in paragraph (3)).
       (3) Iranian financial institutions described.--An Iranian 
     financial institution described in this paragraph is an 
     Iranian financial institution that has not been designated 
     for the imposition of sanctions in connection with--
       (A) Iran's proliferation of weapons of mass destruction or 
     delivery systems for weapons of mass destruction;
       (B) Iran's support for international terrorism; or
       (C) Iran's abuses of human rights.
       (d) Additional Sanctions With Respect to the Energy, 
     Shipping, and Shipbuilding Sectors of Iran.--
       (1) Sale, supply, or transfer of certain goods and 
     services.--Except as provided in this section, the President 
     shall impose 5 or more of the sanctions described in section 
     6(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note) with respect to a person if the 
     President determines that the person knowingly, on or after 
     the date that is 90 days after the date of the enactment of 
     this Act, sells, supplies, or transfers to or from Iran 
     significant goods or services described in paragraph (3).
       (2) Facilitation of certain transactions.--Except as 
     provided in this section, the President shall prohibit the 
     opening, and

[[Page S7244]]

     prohibit or impose strict conditions on the maintaining, in 
     the United States of a correspondent account or a payable-
     through account by a foreign financial institution that the 
     President determines knowingly, on or after the date that is 
     90 days after the date of the enactment of this Act, conducts 
     or facilitates a significant financial transaction for the 
     sale, supply, or transfer to or from Iran of goods or 
     services described in paragraph (3).
       (3) Goods and services described.--Goods or services 
     described in this paragraph are goods or services used in 
     connection with the energy, shipping, or shipbuilding sectors 
     of Iran, including the National Iranian Oil Company, the 
     National Iranian Tanker Company, and the Islamic Republic of 
     Iran Shipping Lines.
       (4) Application of certain provisions of iran sanctions act 
     of 1996.--The following provisions of the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) shall apply 
     with respect to the imposition of sanctions under paragraph 
     (1) to the same extent that such provisions apply with 
     respect to the imposition of sanctions under section 5(a) of 
     that Act:
       (A) Subsections (c), (d), and (f) of section 5 (except for 
     paragraphs (3) and (4)(C) of such subsection (f)).
       (B) Sections 8, 11, and 12.
       (e) Humanitarian Exception.--The President may not impose 
     sanctions under this section with respect to any person for 
     conducting or facilitating a transaction for the sale of 
     agricultural commodities, food, medicine, or medical devices 
     to Iran or for the provision of humanitarian assistance to 
     the people of Iran.
       (f) Applicability of Sanctions to Petroleum and Petroleum 
     Products.--
       (1) In general.--Except as provided in paragraph (2), this 
     section shall apply with respect to the purchase of petroleum 
     or petroleum products from Iran only if, at the time of the 
     purchase, a determination of the President under section 
     1245(d)(4)(B) of the National Defense Authorization Act for 
     Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price 
     and supply of petroleum and petroleum products produced in 
     countries other than Iran is sufficient to permit purchasers 
     of petroleum and petroleum products from Iran to reduce 
     significantly their purchases from Iran is in effect.
       (2) Exception for certain countries.--
       (A) Exportation.--This section shall not apply with respect 
     to the exportation of petroleum or petroleum products from 
     Iran to a country to which the exception under section 
     1245(d)(4)(D)(i) of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies at 
     the time of the exportation of the petroleum or petroleum 
     products.
       (B) Financial transactions.--
       (i) In general.--This section shall not apply with respect 
     to a financial transaction described in clause (ii) conducted 
     or facilitated by a foreign financial institution if, at the 
     time of the transaction, the exception under section 
     1245(d)(4)(D)(i) of the National Defense Authorization Act 
     for Fiscal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to 
     the country with primary jurisdiction over the foreign 
     financial institution.
       (ii) Financial transactions described.--A financial 
     transaction conducted or facilitated by a foreign financial 
     institution is described in this clause if--

       (I) the financial transaction is for the purchase of 
     purchase of petroleum or petroleum products from Iran;
       (II) the financial transaction is only for trade in goods 
     or services--

       (aa) not otherwise subject to sanctions under the law of 
     the United States; and
       (bb) between the country with primary jurisdiction over the 
     foreign financial institution and Iran; and

       (III) any funds owed to Iran as a result of such trade are 
     credited to an account located in the country with primary 
     jurisdiction over the foreign financial institution.

       (g) Applicability of Sanctions to Natural Gas.--
       (1) Sale, supply, or transfer.--Except as provided in 
     paragraph (2), this section shall not apply to the sale, 
     supply, or transfer to or from Iran of natural gas.
       (2) Financial transactions.--This section shall apply to a 
     foreign financial institution that conducts or facilitates a 
     financial transaction for the sale, supply, or transfer to or 
     from Iran of natural gas unless--
       (A) the financial transaction is only for trade in goods or 
     services--
       (i) not otherwise subject to sanctions under the law of the 
     United States; and
       (ii) between the country with primary jurisdiction over the 
     foreign financial institution and Iran; and
       (B) any funds owed to Iran as a result of such trade are 
     credited to an account located in the country with primary 
     jurisdiction over the foreign financial institution.
       (h) Waiver.--
       (1) In general.--The President may waive the imposition of 
     sanctions under this section for a period of not more than 
     120 days, and may renew that waiver for additional periods of 
     not more than 120 days, if the President--
       (A) determines that such a waiver is vital to the national 
     security of the United States; and
       (B) submits to the appropriate congressional committees a 
     report providing a justification for the waiver.
       (2) Form of report.--Each report submitted under paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.

     SEC. 1255. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE, 
                   SUPPLY, OR TRANSFER OF CERTAIN MATERIALS TO OR 
                   FROM IRAN.

       (a) Sale, Supply, or Transfer of Certain Materials.--The 
     President shall impose 5 or more of the sanctions described 
     in section 6(a) of the Iran Sanctions Act of 1996 (Public Law 
     104-172; 50 U.S.C. 1701 note) with respect to a person if the 
     President determines that the person knowingly, on or after 
     the date that is 90 days after the date of the enactment of 
     this Act, sells, supplies, or transfers, directly or 
     indirectly, to or from Iran--
       (1) a precious metal;
       (2) a material described in subsection (c) determined 
     pursuant to subsection (d)(1) to be used by Iran as described 
     in that subsection;
       (3) any other material described in subsection (c) if--
       (A) the material is--
       (i) to be used in connection with the energy, shipping, or 
     shipbuilding sectors of Iran or any sector of the economy of 
     Iran controlled directly or indirectly by Iran's 
     Revolutionary Guard Corps;
       (ii) sold, supplied, or transferred to or from an Iranian 
     person included on the list of specially designated nationals 
     and blocked persons maintained by the Office of Foreign 
     Assets Control of the Department of the Treasury; or
       (iii) relevant to the nuclear, military, or ballistic 
     missile programs of Iran; or
       (B) the material is resold, retransferred, or otherwise 
     supplied--
       (i) to an end-user in a sector described in clause (i) of 
     subparagraph (A);
       (ii) to a person described in clause (ii) of that 
     subparagraph; or
       (iii) for a program described in clause (iii) of that 
     subparagraph.
       (b) Facilitation of Certain Transactions.--The President 
     shall prohibit the opening, and prohibit or impose strict 
     conditions on the maintaining, in the United States of a 
     correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     knowingly, on or after the date that is 90 days after the 
     date of the enactment of this Act, conducts or facilitates a 
     significant financial transaction for the sale, supply, or 
     transfer to or from Iran of materials the sale, supply, or 
     transfer of which would subject a person to sanctions under 
     subsection (a).
       (c) Materials Described.--Materials described in this 
     subsection are graphite, raw or semi-finished metals such as 
     aluminum and steel, coal, and software for integrating 
     industrial processes.
       (d) Determination With Respect to Use of Materials.--Not 
     later than 90 days after the date of the enactment of this 
     Act, and every 90 days thereafter, the President shall submit 
     to the appropriate congressional committees and publish in 
     the Federal Register a report that contains the determination 
     of the President with respect to--
       (1) whether Iran is--
       (A) using any of the materials described in subsection (c) 
     as a medium for barter, swap, or any other exchange or 
     transaction; or
       (B) listing any of such materials as assets of the 
     Government of Iran for purposes of the national balance sheet 
     of Iran;
       (2) which sectors of the economy of Iran are controlled 
     directly or indirectly by Iran's Revolutionary Guard Corps; 
     and
       (3) which of the materials described in subsection (c) are 
     relevant to the nuclear, military, or ballistic missile 
     programs of Iran.
       (e) Exception for Persons Exercising Due Diligence.--The 
     President may not impose sanctions under subsection (a) or 
     (b) with respect to a person if the President determines that 
     the person has exercised due diligence in establishing and 
     enforcing official policies, procedures, and controls to 
     ensure that the person does not sell, supply, or transfer to 
     or from Iran materials the sale, supply, or transfer of which 
     would subject a person to sanctions under subsection (a) or 
     conduct or facilitate a financial transaction for such a 
     sale, supply, or transfer.
       (f) Waiver.--
       (1) In general.--The President may waive the imposition of 
     sanctions under this section for a period of not more than 
     120 days, and may renew that waiver for additional periods of 
     not more than 120 days, if the President--
       (A) determines that such a waiver is vital to the national 
     security of the United States; and
       (B) submits to the appropriate congressional committees a 
     report providing a justification for the waiver.
       (2) Form of report.--Each report submitted under paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (g) National Balance Sheet of Iran Defined.--For purposes 
     of this section, the term ``national balance sheet of Iran'' 
     refers to the ratio of the assets of the Government of Iran 
     to the liabilities of that Government.

     SEC. 1256. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
                   PROVISION OF UNDERWRITING SERVICES OR INSURANCE 
                   OR REINSURANCE FOR ACTIVITIES OR PERSONS WITH 
                   RESPECT TO WHICH SANCTIONS HAVE BEEN IMPOSED.

       (a) In General.--Except as provided in subsection (b), the 
     President shall impose 5 or more of the sanctions described 
     in section

[[Page S7245]]

     6(a) of the Iran Sanctions Act of 1996 (Public Law 104-172; 
     50 U.S.C. 1701 note) with respect to a person if the 
     President determines that the person knowingly, on or after 
     the date that is 90 days after the date of the enactment of 
     this Act, provides underwriting services or insurance or 
     reinsurance--
       (1) for any activity with respect to Iran for which 
     sanctions have been imposed under this subtitle, the 
     International Emergency Economic Powers Act (50 U.S.C. 1701 
     et seq.), the Iran Sanctions Act of 1996, the Comprehensive 
     Iran Sanctions, Accountability, and Divestment Act of 2010 
     (22 U.S.C. 8501 et seq.), the Iran Threat Reduction and Syria 
     Human Rights Act of 2012 (22 U.S.C. 8701 et seq.), the Iran, 
     North Korea, and Syria Nonproliferation Act (Public Law 106-
     178; 50 U.S.C. 1701 note), or any other provision of law 
     relating to the imposition of sanctions with respect to Iran;
       (2) to or for any person--
       (A) with respect to, or for the benefit of any activity in 
     the energy, shipping, or shipbuilding sectors of Iran for 
     which sanctions are imposed under this subtitle;
       (B) for the sale, supply, or transfer to or from Iran of 
     materials described in section 1255(c); or
       (C) designated for the imposition of sanctions pursuant to 
     the International Emergency Economic Powers Act (50 U.S.C. 
     1701 et seq.) in connection with--
       (i) Iran's proliferation of weapons of mass destruction or 
     delivery systems for weapons of mass destruction; or
       (ii) Iran's support for international terrorism; or
       (3) to or for any Iranian person included on the list of 
     specially designated nationals and blocked persons maintained 
     by the Office of Foreign Assets Control of the Department of 
     the Treasury (other than an Iranian financial institution 
     described in subsection (b)).
       (b) Iranian Financial Institutions Described.--An Iranian 
     financial institution described in this subsection is an 
     Iranian financial institution that has not been designated 
     for the imposition of sanctions in connection with--
       (1) Iran's proliferation of weapons of mass destruction or 
     delivery systems for weapons of mass destruction;
       (2) Iran's support for international terrorism; or
       (3) Iran's abuses of human rights.
       (c) Humanitarian Exception.--The President may not impose 
     sanctions under subsection (a) for the provision of 
     underwriting services or insurance or reinsurance for a 
     transaction for the sale of agricultural commodities, food, 
     medicine, or medical devices to Iran or for the provision of 
     humanitarian assistance to the people of Iran.
       (d) Exception for Underwriters and Insurance Providers 
     Exercising Due Diligence.--The President may not impose 
     sanctions under paragraph (1) or (3) or subparagraph (A) or 
     (B) of paragraph (2) of subsection (a) with respect to a 
     person that provides underwriting services or insurance or 
     reinsurance if the President determines that the person has 
     exercised due diligence in establishing and enforcing 
     official policies, procedures, and controls to ensure that 
     the person does not underwrite or enter into a contract to 
     provide insurance or reinsurance for an activity described in 
     paragraph (1) of that subsection or to or for any person 
     described in paragraph (3) or subparagraph (A) or (B) of 
     paragraph (2) of that subsection.
       (e) Waiver.--
       (1) In general.--The President may waive the imposition of 
     sanctions under subsection (a) for a period of not more than 
     120 days, and may renew that waiver for additional periods of 
     not more than 120 days, if the President--
       (A) determines that such a waiver is vital to the national 
     security of the United States; and
       (B) submits to the appropriate congressional committees a 
     report providing a justification for the waiver.
       (2) Form of report.--Each report submitted under paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.
       (f) Application of Certain Provisions of Iran Sanctions Act 
     of 1996.--The following provisions of the Iran Sanctions Act 
     of 1996 (Public Law 104-172; 50 U.S.C. 1701 note) shall apply 
     with respect to the imposition of sanctions under subsection 
     (a) to the same extent that such provisions apply with 
     respect to the imposition of sanctions under section 5(a) of 
     that Act:
       (1) Subsections (c), (d), and (f) of section 5 (except for 
     paragraphs (3) and (4)(C) of such subsection (f)).
       (2) Sections 8, 11, and 12.

     SEC. 1257. IMPOSITION OF SANCTIONS WITH RESPECT TO FOREIGN 
                   FINANCIAL INSTITUTIONS THAT FACILITATE 
                   FINANCIAL TRANSACTIONS ON BEHALF OF SPECIALLY 
                   DESIGNATED NATIONALS.

       (a) In General.--Except as provided in this section, the 
     President shall prohibit the opening, and prohibit or impose 
     strict conditions on the maintaining, in the United States of 
     a correspondent account or a payable-through account by a 
     foreign financial institution that the President determines 
     has, on or after the date that is 90 days after the date of 
     the enactment of this Act, knowingly facilitated a 
     significant financial transaction on behalf of any Iranian 
     person included on the list of specially designated nationals 
     and blocked persons maintained by the Office of Foreign 
     Assets Control of the Department of the Treasury (other than 
     an Iranian financial institution described in subsection 
     (b)).
       (b) Iranian Financial Institutions Described.--An Iranian 
     financial institution described in this subsection is an 
     Iranian financial institution that has not been designated 
     for the imposition of sanctions in connection with--
       (1) Iran's proliferation of weapons of mass destruction or 
     delivery systems for weapons of mass destruction;
       (2) Iran's support for international terrorism; or
       (3) Iran's abuses of human rights.
       (c) Humanitarian Exception.--The President may not impose 
     sanctions under subsection (a) with respect to any person for 
     conducting or facilitating a transaction for the sale of 
     agricultural commodities, food, medicine, or medical devices 
     to Iran or for the provision of humanitarian assistance to 
     the people of Iran.
       (d) Applicability of Sanctions to Petroleum and Petroleum 
     Products.--
       (1) In general.--Except as provided in paragraph (2), 
     subsection (a) shall apply with respect to a financial 
     transaction for the purchase of petroleum or petroleum 
     products from Iran only if, at the time of the transaction, a 
     determination of the President under section 1245(d)(4)(B) of 
     the National Defense Authorization Act for Fiscal Year 2012 
     (22 U.S.C. 8513a(d)(4)(B)) that the price and supply of 
     petroleum and petroleum products produced in countries other 
     than Iran is sufficient to permit purchasers of petroleum and 
     petroleum products from Iran to reduce significantly their 
     purchases from Iran is in effect.
       (2) Exception for certain countries.--
       (A) In general.--Subsection (a) shall not apply with 
     respect to a financial transaction described in subparagraph 
     (B) conducted or facilitated by a foreign financial 
     institution for if, at the time of the transaction, the 
     exception under section 1245(d)(4)(D)(i) of the National 
     Defense Authorization Act for Fiscal Year 2012 (22 U.S.C. 
     8513a(d)(4)(D)(i)) applies to the country with primary 
     jurisdiction over the foreign financial institution.
       (B) Financial transactions described.--A financial 
     transaction conducted or facilitated by a foreign financial 
     institution is described in this subparagraph if--
       (i) the financial transaction is for the purchase of 
     purchase of petroleum or petroleum products from Iran;
       (ii) the financial transaction is only for trade in goods 
     or services--

       (I) not otherwise subject to sanctions under the law of the 
     United States; and
       (II) between the country with primary jurisdiction over the 
     foreign financial institution and Iran; and

       (iii) any funds owed to Iran as a result of such trade are 
     credited to an account located in the country with primary 
     jurisdiction over the foreign financial institution.
       (e) Applicability of Sanctions to Natural Gas.--Subsection 
     (a) shall apply to a foreign financial institution that 
     conducts or facilitates a financial transaction for the sale, 
     supply, or transfer to or from Iran of natural gas unless--
       (1) the financial transaction is only for trade in goods or 
     services--
       (A) not otherwise subject to sanctions under the law of the 
     United States; and
       (B) between the country with primary jurisdiction over the 
     foreign financial institution and Iran; and
       (2) any funds owed to Iran as a result of such trade are 
     credited to an account located in the country with primary 
     jurisdiction over the foreign financial institution.
       (f) Waiver.--
       (1) In general.--The President may waive the imposition of 
     sanctions under subsection (a) for a period of not more than 
     120 days, and may renew that waiver for additional periods of 
     not more than 120 days, if the President--
       (A) determines that such a waiver is vital to the national 
     security of the United States; and
       (B) submits to the appropriate congressional committees a 
     report providing a justification for the waiver.
       (2) Form of report.--Each report submitted under paragraph 
     (1)(B) shall be submitted in unclassified form, but may 
     include a classified annex.

     SEC. 1258. INCLUSION OF THE ISLAMIC REPUBLIC OF IRAN 
                   BROADCASTING ON THE LIST OF HUMAN RIGHTS 
                   ABUSERS.

       (a) Findings.--Congress makes the following findings:
       (1) The Islamic Republic of Iran Broadcasting has 
     contributed to the infringement of individuals' human rights 
     by broadcasting forced televised confession and show trials.
       (2) In March 2012, the European Council imposed sanctions 
     on the President of the Islamic Republic of Iran 
     Broadcasting, Ezzatollah Zargami, for broadcasting forced 
     confessions of detainees and a series of ``show trials'' in 
     August 2009 and December 2011 that constituted a clear 
     violation of international law with respect to the right to a 
     fair trial and due process.
       (b) Inclusion of the Islamic Republic of Iran Broadcasting 
     on the List of Human Rights Abusers.--The President shall 
     include the Islamic Republic of Iran Broadcasting and the 
     President of the Islamic Republic of Iran Broadcasting, 
     Ezzatollah Zargami, in the first update to the list of 
     persons complicit in, or responsible for ordering, 
     controlling, or otherwise directing, the commission of 
     serious human rights abuses against citizens of Iran or their 
     family members submitted under section 105 of

[[Page S7246]]

     the Comprehensive Iran Sanctions, Accountability, and 
     Divestment Act of 2010 (22 U.S.C. 8514) after the date of the 
     enactment of this Act.

     SEC. 1259. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 
                   THE PEOPLE OF IRAN.

       (a) In General.--Title I of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8511 et seq.) is amended by inserting after section 
     105B the following:

     ``SEC. 105C. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS 
                   ENGAGED IN THE DIVERSION OF GOODS INTENDED FOR 
                   THE PEOPLE OF IRAN.

       ``(a) In General.--The President shall impose sanctions 
     described in section 105(c) with respect to each person on 
     the list required by subsection (b).
       ``(b) List of Persons Who Engage in Diversion.--
       ``(1) In general.--As relevant information becomes 
     available, the President shall submit to the appropriate 
     congressional committees a list of persons that the President 
     determines have, on or after such date of enactment, engaged 
     in corruption or other activities relating to--
       ``(A) the diversion of goods, including agricultural 
     commodities, food, medicine, and medical devices, intended 
     for the people of Iran; or
       ``(B) the misappropriation of proceeds from the sale or 
     resale of such goods.
       ``(2) Form of report; public availability.--
       ``(A) Form.--The list required by paragraph (1) shall be 
     submitted in unclassified form but may contain a classified 
     annex.
       ``(B) Public availability.--The unclassified portion of the 
     list required by paragraph (1) shall be made available to the 
     public and posted on the websites of the Department of the 
     Treasury and the Department of State.''.
       (b) Waiver.--Section 401(b)(1) of the Comprehensive Iran 
     Sanctions, Accountability, and Divestment Act of 2010 (22 
     U.S.C. 8551(b)(1)) is amended--
       (1) by striking ``or 105B(a)'' and inserting ``105B(a), or 
     105C(a)''; and
       (2) by striking ``or 105B(b)'' and inserting ``105B(b), or 
     105C(b)''.
       (c) Clerical Amendment.--The table of contents for the 
     Comprehensive Iran Sanctions, Accountability, and Divestment 
     Act of 2010 is amended by inserting after the item relating 
     to section 105B the following:

``Sec. 105C. Imposition of sanctions with respect to persons engaged in 
              the diversion of goods intended for the people of 
              Iran.''.

     SEC. 1260. WAIVER REQUIREMENT RELATED TO EXCEPTIONAL 
                   CIRCUMSTANCES PREVENTING SIGNIFICANT REDUCTIONS 
                   IN CRUDE OIL PURCHASES.

       Section 1245(d)(5)(B) of the National Defense Authorization 
     Act for Fiscal Year 2012 (22 U.S.C. 8513a(d)(5)(B)) is 
     amended--
       (1) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating clause (ii) as clause (iii); and
       (3) by inserting after clause (i) the following new clause:
       ``(ii) certifying that the country with primary 
     jurisdiction over the foreign financial institution otherwise 
     subject to the sanctions faced exceptional circumstances that 
     prevented the country from being able to significantly reduce 
     its volume of crude oil purchases; and''.

     SEC. 1261. STATUTE OF LIMITATIONS FOR CIVIL ACTIONS REGARDING 
                   TERRORIST ACTS.

       (a) In General.--Section 2335 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``4 years'' and 
     inserting ``10 years''; and
       (2) in subsection (b), by striking ``4-year period'' and 
     inserting ``10-year period''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) proceedings under section 2333 of title 18, United 
     States Code, pending in any form on the date of the enactment 
     of this Act;
       (2) proceedings under such section commenced on or after 
     the date of the enactment of this Act; and
       (3) any civil action brought for recovery of damages under 
     such section resulting from acts of international terrorism 
     that occurred more than 10 years before the date of the 
     enactment of this Act, provided that the action is filed not 
     later than 6 years after the date of the enactment of this 
     Act.

     SEC. 1262. REPORT ON USE OF CERTAIN IRANIAN SEAPORTS BY 
                   FOREIGN VESSELS AND USE OF FOREIGN AIRPORTS BY 
                   SANCTIONED IRANIAN AIR CARRIERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     President shall submit to the appropriate congressional 
     committees a report that contains--
       (1) a list of vessels that have entered seaports in Iran 
     controlled by the Tidewater Middle East Company during the 
     period specified in subsection (b) and the owners and 
     operators of those vessels; and
       (2) a list of all airports at which aircraft owned or 
     controlled by an Iranian air carrier on which sanctions have 
     been imposed by the United States have landed during the 
     period specified in subsection (b).
       (b) Period Specified.--The period specified in this 
     subsection is--
       (1) in the case of the first report submitted under 
     subsection (a), the 180-day period preceding the submission 
     of the report; and
       (2) in the case of any subsequent report submitted under 
     that subsection, the year preceding the submission of the 
     report.
       (c) Form of Report.--Each report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 1263. IMPLEMENTATION; PENALTIES.

       (a) Implementation.--The President may exercise all 
     authorities provided under sections 203 and 205 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1702 
     and 1704) to carry out this subtitle.
       (b) Penalties.--The penalties provided for in subsections 
     (b) and (c) of section 206 of the International Emergency 
     Economic Powers Act (50 U.S. C. 1705) shall apply to a person 
     that violates, attempts to violate, conspires to violate, or 
     causes a violation of this subtitle or regulations prescribed 
     under this subtitle to the same extent that such penalties 
     apply to a person that commits an unlawful act described in 
     section 206(a) of that Act.

     SEC. 1264. APPLICABILITY TO CERTAIN NATURAL GAS PROJECTS.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall apply with respect to any activity relating to 
     a project described in subsection (a) of section 603 of the 
     Iran Threat Reduction and Syria Human Rights Act of 2012 (22 
     U.S.C. 8783) to which the exception under that section 
     applies at the time of the activity.

     SEC. 1265. RULE OF CONSTRUCTION.

       Nothing in this subtitle or the amendments made by this 
     subtitle shall be construed to limit sanctions imposed with 
     respect to Iran under any other provision of law or to limit 
     the authority of the President to impose additional sanctions 
     with respect to Iran.
                                 ______
                                 
  SA 3233. 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 could 
     enhance cooperation and coordination between the Governments 
     of the United States and India 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 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, in 
     coordination with the Department State, 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 3234. Ms. KLOBUCHAR (for herself, Ms. Snowe, Mr. Toomey, and Ms.

[[Page S7247]]

Mikulski) 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.
       ``(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, 2014, under section 1631 of the Ike 
     Skelton National Defense Authorization Act for Fiscal Year 
     2011 (as amended by subsection (a)).
                                 ______
                                 
  SA 3235. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 394, between lines 7 and 8, insert the following:

     SEC. 1084. NO REGULATION OF AMMUNITION OR FISHING TACKLE 
                   PENDING STUDY OF HEALTH AND ENVIRONMENTAL 
                   EFFECTS.

       (a) No Regulation of Ammunition or Fishing Tackle.--The 
     Administrator of the Environmental Protection Agency shall 
     not issue any proposed or final rule or guidance to regulate 
     any chemical substance or mixture in ammunition or fishing 
     tackle under the Toxic Substances Control Act (15 U.S.C. 2601 
     et seq.) during the period beginning on the date of enactment 
     of this Act and ending on the date of the publication of the 
     study required by subsection (b).
       (b) Study of Potential Human Health and Environmental 
     Effects.--
       (1) In general.--Not later than December 31, 2013, the 
     Secretary of Health and Human Services, the Commissioner of 
     Food and Drugs, the Administrator of the Environmental 
     Protection Agency, and the Secretary of the Interior shall 
     jointly prepare and publish a study that describes the 
     potential threats to human health (including to pregnant 
     women, children, and other vulnerable populations) and to the 
     environment from the use of--
       (A) lead and toxic substances in ammunition and fishing 
     tackle; and
       (B) commercially available and less toxic alternatives to 
     lead and toxic substances in ammunition and fishing tackle.
       (2) Use.--The Administrator of the Environmental Protection 
     Agency shall use, as appropriate, the findings of the report 
     required by paragraph (1) when considering any potential 
     future decision related to a chemical substance or mixture 
     when the substance or mixture is used in ammunition or 
     fishing tackle.
                                 ______
                                 
  SA 3236. 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.
                                 ______
                                 
  SA 3237. 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. FAILURE OF THE DEPARTMENT OF DEFENSE TO OBTAIN 
                   AUDITS WITH AN UNQUALIFIED OPINION ON ITS 
                   FINANCIAL STATEMENTS BY FISCAL YEAR 2017.

       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.

[[Page S7248]]

       ``(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 the 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 the 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).
                                 ______
                                 
  SA 3238. Mr. KYL (for himself, Mr. Risch, and Mr. Heller) submitted 
an amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1433. POLICY OF THE UNITED STATES WITH RESPECT TO A 
                   DOMESTIC SUPPLY OF CRITICAL AND ESSENTIAL 
                   MINERALS.

       (a) Policy of the United States.--It is the policy of the 
     United States to promote the development of an adequate, 
     reliable, and stable supply of critical and essential 
     minerals in the United States in order to strengthen and 
     sustain the military readiness, national security, and 
     critical infrastructure of the United States.
       (b) Coordination of Development of Supply of Critical and 
     Essential Minerals.--To implement the policy described in 
     subsection (a), the President shall, acting through the 
     Executive Office of the President, coordinate the actions of 
     the Secretary of Defense, the Secretary of the Interior, and 
     the Secretary of Agriculture to identify opportunities for 
     and to facilitate the development of resources in the United 
     States to meet the critical and essential mineral needs of 
     the United States.
                                 ______
                                 
  SA 3239. Mr. KYL (for himself, Mr. Lieberman, Mr. Inhofe, Mr. Risch, 
Mr. Lugar, Mr. Sessions, Mr. DeMint, Mr. Cornyn, Mr. Rubio, Mr. Wicker, 
Ms. Ayotte, Ms. Collins, Mr. Corker, and 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 G of title X, add the following:

     SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN THE UNITED STATES 
                   AND THE RUSSIAN FEDERATION ON NUCLEAR ARMS, 
                   MISSILE DEFENSE, AND LONG-RANGE CONVENTIONAL 
                   STRIKE SYSTEMS.

       (a) Briefings.--Not later than 60 days after the date of 
     the enactment of this Act, and not less than twice each year 
     thereafter, the President, or the President's designee, shall 
     brief the Committees on Foreign Relations and Armed Services 
     of the Senate on the dialogue between the United States and 
     the Russian Federation on issues related to limits or 
     controls on nuclear arms, missile defense systems, or long-
     range conventional strike systems.
       (b) Sense of the Senate on Certain Agreements.--It is the 
     sense of the Senate that any agreement between the United 
     States and the Russian Federation related to missile defense, 
     nuclear weapons, or long-range conventional strike systems 
     obligating the United States to reduce or limit 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.
                                 ______
                                 
  SA 3240. Mr. CARPER (for himself, Mr. Brown of Massachusetts, Ms. 
Collins, Mr. Coburn, and Mr. Pryor) 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:

       Subtitle I--Federal Real Property Asset Management Reform

     SECTION 1091. SHORT TITLE.

       This subtitle may be cited as the ``Federal Real Property 
     Asset Management Reform Act of 2012''.

     SEC. 1092. TABLE OF CONTENTS.

       The table of contents of this subtitle is as follows:

Sec. 1091. Short title.
Sec. 1092. Table of contents.
Sec. 1093. Expedited disposal of real property.
Sec. 1094. Property management policy.
Sec. 1095. Consideration of life-cycle cost required.

     SEC. 1093. EXPEDITED DISPOSAL OF REAL PROPERTY.

       Chapter 5 of subtitle I of title 40, United States Code, is 
     amended by adding at the end the following:

         ``SUBCHAPTER VII--EXPEDITED DISPOSAL OF REAL PROPERTY

     ``Sec. 621. Definitions

       ``In this subchapter:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(2) Council.--The term `Council' means the Federal Real 
     Property Council established by section 623(a).
       ``(3) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(4) Disposal.--The term `disposal' means any action that 
     constitutes the removal of

[[Page S7249]]

     any real property from the Federal inventory, including sale, 
     deed, demolition, or exchange.
       ``(5) Federal agency.--The term `Federal agency' means--
       ``(A) an executive department or independent establishment 
     in the executive branch of the Government; and
       ``(B) a wholly owned Government corporation.
       ``(6) Real property.--
       ``(A) In general.--The term `real property' means any 
     Federal real property asset.
       ``(B) Inclusions.--The term `real property' includes--
       ``(i) Federal buildings (as defined in section 3301); and
       ``(ii) occupied and improved grounds, leased space, or 
     other physical structures under the custody and control of 
     any Federal agency.
       ``(C) Exclusions.--The terms `real property' does not 
     include--
       ``(i) any military installation (as defined in section 2910 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. 2687 note; Public Law 101-510));
       ``(ii) any property that is excepted from the definition of 
     the term `property' under section 102;
       ``(iii) a designated wilderness study area or other areas 
     managed for wilderness characteristics;
       ``(iv) Indian and native Eskimo property held in trust by 
     the Federal Government as described in section 
     3301(a)(5)(C)(iii);
       ``(v) property operated and maintained by the Tennessee 
     Valley Authority pursuant to the Tennessee Valley Authority 
     Act of 1933 (16 U.S.C. 831 et seq.);
       ``(vi) postal property owned by the United States Postal 
     Service; or
       ``(vii) any property the Director excludes for reasons of 
     national security.
       ``(7) Field office.--The term `field office' means any 
     office of a Federal agency that is not the headquarters 
     office location for the Federal agency.
       ``(8) Small business concern.--The term `small business 
     concern' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).
       ``(9) Underutilized property.--The term `underutilized 
     property' means any real property that is--
       ``(A) excess;
       ``(B) surplus;
       ``(C) underperforming; or
       ``(D) otherwise not meeting the needs of the Federal 
     Government, as determined by the Director.

     ``Sec. 622. Duties of Federal agencies

       ``Each Federal agency shall--
       ``(1) maintain adequate inventory controls and 
     accountability systems for real property under the control of 
     the agency;
       ``(2) define current and future workforce projections so as 
     to have the capacity to assess the needs of the Federal 
     workforce regarding the use of real property;
       ``(3) continuously survey real property under the control 
     of the agency to identify underutilized property;
       ``(4) promptly report underutilized property to the 
     Administrator;
       ``(5) establish goals that lead the agency to reduce 
     underutilized property in the inventory of the agency not 
     later than December 31, 2016;
       ``(6) reassign underutilized property to another activity 
     within the agency if the property is no longer required for 
     purposes of the appropriation used to make the purchase;
       ``(7) transfer underutilized property under the control of 
     the agency to other Federal agencies and to organizations 
     specified in section 321(c)(2);
       ``(8) obtain underutilized properties from other Federal 
     agencies to meet mission needs before acquiring non-Federal 
     property; and
       ``(9) adopt workplace practices, configurations, and 
     management techniques that can achieve increased levels of 
     productivity and decrease the need for real property assets.

     ``Sec. 623. Establishment of a Federal Real Property Council

       ``(a) Establishment.--There is established a Federal Real 
     Property Council.
       ``(b) Purpose.--The purpose of the Council shall be to 
     develop guidance for the asset management program of each 
     Federal agency.
       ``(c) Composition.--
       ``(1) In general.--The Council shall be composed 
     exclusively of--
       ``(A) the senior real property officers of each executive 
     agency;
       ``(B) the Deputy Director for Management of the Office of 
     Management and Budget;
       ``(C) the Controller of the Office of Management and 
     Budget;
       ``(D) the Administrator; and
       ``(E) any other full-time or permanent part-time Federal 
     officials or employees, as the Chairperson determines to be 
     necessary.
       ``(2) Chairperson.--The Deputy Director for Management of 
     the Office of Management and Budget shall serve as 
     Chairperson of the Council.
       ``(3) Administrative support.--The Office of Management and 
     Budget shall provide funding and administrative support for 
     the Council, as appropriate.
       ``(d) Duties.--The Council, in consultation with the 
     Director and the Administrator, shall--
       ``(1) establish an asset management plan, to be updated 
     annually, which shall include performance measures to 
     determine the effectiveness of real property management that 
     are designed--
       ``(A) to enable Congress and heads of Federal agencies to 
     track progress in the achievement of property management 
     objectives on a government-wide basis; and
       ``(B) allow for comparison of the performance of Federal 
     agencies against industry and other public sector agencies in 
     terms of performance;
       ``(2) develop standard use rates consistent throughout each 
     category of space and with nongovernmental space use rates;
       ``(3) not later than 180 days after the date of enactment 
     of this subchapter, and annually for a 5-year period 
     thereafter, submit to the Committees on Environment and 
     Public Works and Homeland Security and Governmental Affairs 
     of the Senate and the Committees on Transportation and 
     Infrastructure and Oversight and Government Reform of the 
     House of Representatives a report that contains--
       ``(A) an analysis of the existing inventory of real 
     property and the condition of that property, including data 
     relating to--
       ``(i) the age and condition of the property;
       ``(ii) the size on the property in square footage and 
     acreage;
       ``(iii) the geographical location of the property, 
     including an address and description;
       ``(iv) operating costs associated with the property;
       ``(v) the history of capital expenditures associated with 
     the property;
       ``(vi) sustainability metrics associated with the property;
       ``(vii) the number of Federal employees and functions 
     housed in the property; and
       ``(viii) the relevance of each property to the mission of 
     the Federal agency;
       ``(B) a list of real property assets that are field offices 
     that are suitable for co-location into another real property 
     asset;
       ``(C) an evaluation of the leasing process in effect as of 
     the date of submission of the report to identify and document 
     inefficiencies in that process;
       ``(D) a suggested strategy to reduce the reliance of 
     Federal agencies on leased space for long-term needs if 
     ownership would be less costly; and
       ``(E) an assessment of federally leased space, including--
       ``(i) a description of the overall quantity and type of 
     space leased by Federal agencies; and
       ``(ii) an identification of current contracts for leased 
     office space in which the leased space is not fully used or 
     occupied (including a plan for subletting of unoccupied space 
     if appropriate);
       ``(F) an analysis of all underutilized property under the 
     jurisdiction of each Federal agency that can be removed from 
     the Federal inventory and sold for proceeds, transferred, or 
     otherwise disposed of, so as to reduce the civilian real 
     property inventory and associated operating costs of the 
     Federal Government;
       ``(G) an asset disposal plan, or an update of an asset 
     disposal plan, that includes an annual goal established under 
     section 622(5) to be used by Federal agencies in reducing, by 
     not later than 5 years after the date of enactment of this 
     subchapter, underutilized property in the inventory of the 
     Federal Government;
       ``(H) the number of real property disposals completed, 
     including the disposal method used for each individual real 
     property; and
       ``(I) specific milestones, measurable savings, and 
     evaluation criteria for the disposal of real property under 
     this subchapter;
       ``(4) in accordance with subsection (e), identify and 
     compile a list of real property assets that are field offices 
     that are suitable for co-location into other real property 
     assets; and
       ``(5)(A) review contracts for leased office space that are 
     in effect as of the date of submission of the report; and
       ``(B) work with Federal agencies to renegotiate leases 
     having at least 2 years remaining in the term of the leases 
     to recognize potential cost savings as quickly as 
     practicable.
       ``(e) Co-Location Among Postal Service Properties.--
       ``(1) Definition of postal property.--In this subsection, 
     the term `Postal property' means any building owned by the 
     United States Postal Service.
       ``(2) Identification of real property assets.--Each year, 
     the Council shall--
       ``(A) identify and compile a list of field offices that are 
     suitable for co-location with another real property asset; 
     and
       ``(B) submit the list to the Director of the Office of 
     Management and Budget and the Postmaster General.
       ``(3) Postal property.--
       ``(A) In general.--Not later than 30 days after the 
     completion of the list under paragraph (2), the Director of 
     the Office of Management and Budget, in collaboration with 
     the Postmaster General, shall identify field offices on the 
     list that are within reasonable distance of a Postal 
     property.
       ``(B) Reasonable distance.--For purposes of this paragraph, 
     a field office shall be considered within reasonable distance 
     of a Postal property if the office would be able to fulfill 
     the mission of the office if the office is located at the 
     Postal property.
       ``(C) Review by postal service.--Not later than 90 days 
     after the receipt of the list submitted under paragraph 
     (3)(B), the Postmaster General shall--
       ``(i) review the list; and

[[Page S7250]]

       ``(ii) submit to the Director of the Office of Management 
     and Budget a report containing the conclusions of the review.
       ``(4) Terms of co-location.--On approval of the 
     recommendations under paragraph (4) by the Postmaster General 
     and the applicable agency head, the co-location of a Postal 
     property and an field office shall consist of the Executive 
     agency that owns or leases the field office entering into a 
     lease for space within the Postal property with United States 
     Postal Service that has--
       ``(A) an initial lease term of not less than 5 years;
       ``(B) a cost that is within 5 percent of the prevailing 
     market lease rate for a similarly situated space identified 
     under this subsection.''.

     SEC. 1094. PROPERTY MANAGEMENT POLICY.

       (a) In General.--Chapter 5 of subtitle I of title 40, 
     United States Code (as amended by title I) is amended by 
     adding at the end the following:

     ``Sec. 624. Database

       ``The Administrator shall--
       ``(1) not later than 1 year after the date of enactment of 
     this subchapter, establish and maintain a single, 
     comprehensive, and descriptive database of all real property 
     under the custody and control of all Federal branch agencies, 
     except when otherwise required for reasons of national 
     security;
       ``(2) collect from each Federal agency such descriptive 
     information (except for classified information) as the 
     Administrator determines will best describe the nature, use, 
     and extent of real property holdings for the Federal 
     Government; and
       ``(3) to the extent consistent with national security, make 
     the database established under paragraph (1) accessible to 
     the public at no cost through the website of the General 
     Services Administration.

     ``Sec. 625. Limitation on certain leasing authorities

       ``Notwithstanding any other provision of this subchapter, a 
     Federal agency with independent leasing authority shall--
       ``(1) consult with the Administrator for all leases 
     requiring a prospectus under section 3307;
       ``(2) acquire space at rates consistent with prevailing 
     market rates for comparable facilities within the specified 
     geographical area; and
       ``(3) not later than 180 days after the date of enactment 
     of this subchapter and annually thereafter, submit to the 
     Administrator a report that describes the use of the 
     independent leasing authority during the period covered by 
     the report.

     ``Sec. 626. Expedited disposal program

       ``(a) In General.--
       ``(1) Required disposal.--
       ``(A) In general.--On an annual basis, the Director shall 
     require Federal agencies to dispose of, by sale, transfer, or 
     other means of disposal, any real property determined by the 
     Director to be underutilized property.
       ``(B) Costs associated with disposal.--
       ``(i) In general.--The Administrator may obligate an amount 
     to pay any direct and indirect costs under section 572 
     related to identifying and preparing properties to be 
     reported as excess by a Federal agency.
       ``(ii) Reimbursement.--An amount obligated under clause (i) 
     shall be paid from the proceeds of any sale of underutilized 
     property.
       ``(iii) Net proceeds.--Net proceeds shall be distributed 
     under subsection (b).
       ``(C) Maximum net proceeds.--Underutilized property 
     required to be disposed of by sale of under subparagraph (A) 
     shall be sold at an auction that, as determined by the 
     Administrator in consultation with the head of the applicable 
     Federal agency, is structured and marketed to ensure the 
     maximum amount of net proceeds.
       ``(D) Monetary proceeds requirement.--
       ``(i) In general.--Underutilized property may be sold under 
     this section only if disposal of the property will generate 
     monetary proceeds to the Federal Government that exceed the 
     costs of disposal of the property.
       ``(ii) Prohibitions on noncash transactions.--A disposal of 
     underutilized property under this section may not include any 
     exchange, trade, transfer, acquisition of the like-kind 
     property, or other noncash transaction as part of the 
     disposal.
       ``(2) Applicability of certain law.--Any expedited disposal 
     of underutilized property conducted under this section shall 
     not be subject to--
       ``(A) any section of An Act Authorizing the Transfer of 
     Certain Real Property for Wildlife, or other Purposes (16 
     U.S.C. 667b);
       ``(B) sections 107 and 317 of title 23;
       ``(C) sections 545(b)(8), 550, 553, 554, and 1304(b) of 
     this title;
       ``(D) section 501 of the McKinney-Vento Homeless Assistance 
     Act (42 U.S.C. 11411);
       ``(E) section 47151 of title 49;
       ``(F) section 13(d) of the Surplus Property Act of 1944 (50 
     U.S.C. App. 1622(d));
       ``(G) any other provision of law authorizing the conveyance 
     of real property owned by the Federal Government for no 
     consideration; or
       ``(H) any congressional notification requirement other than 
     that in section 545 of this title.
       ``(b) Use of Proceeds.--
       ``(1) In general.--Of the proceeds received from the 
     disposal of any real property under this subchapter--
       ``(A) not less than 80 percent shall be returned to the 
     general fund of the Treasury for debt reduction;
       ``(B) the lesser of 18 percent or the share of proceeds 
     otherwise authorized to be retained under law shall be 
     retained by Federal agencies, subject to paragraph (2);
       ``(C) not more than 2 percent shall be made available to 
     carry out section 627, subject to annual appropriations; and
       ``(D) any remaining share of the proceeds shall be returned 
     to the general fund of the Treasury for Federal budget 
     deficit reduction.
       ``(2) Limitation on use of proceeds.--Any proceeds retained 
     by Federal agencies under this section shall be--
       ``(A) deposited into the appropriate real property account 
     of the agency that had custody and accountability for the 
     underutilized property, with the funds expended only as 
     authorized in annual appropriations Acts;
       ``(B) used--
       ``(i) by not later than 1 year after the date of disposal 
     of the real property; and
       ``(ii) only for activities relating to Federal real 
     property asset management and disposal; and
       ``(C) if not used by the date described in subparagraph 
     (A)(i), shall be deposited in the Treasury and used for 
     Federal budget deficit reduction.
       ``(c) Public Benefit.--
       ``(1) Conveyance.--If an underutilized property has not 
     been disposed of by the date that is 2 years after the date 
     the property is listed for sale, the Director, in 
     consultation with the Administrator and the Secretary of 
     Housing and Urban Development, may consider a request from 
     the disposing agency that the underutilized property be 
     conveyed to State and local governments or nonprofit 
     organizations for various public purposes or uses as 
     permitted by applicable law.
       ``(2) Predominant use and size standards.--
       ``(A) In general.--Underutilized property the predominant 
     use of which is other than housing, and the area of which is 
     equal to or greater than 25,000 square feet or the appraised 
     fair market value of which exceeds $2,000,000, shall be 
     considered to be unsuitable for disposal under this 
     subsection.
       ``(B) Appraised fair market value.--The appraised fair 
     market value described in subparagraph (A) shall be 
     determined by the Federal agency with custody or control of 
     the property, in consultation with the Administrator and 
     standard appraisal practice.
       ``(d) Enforcement.--
       ``(1) In general.--
       ``(A) Increase in size of inventory.--Except as provided in 
     subparagraph (B) and paragraph (2) and , if a Federal agency 
     fails to make available for public sale the underutilized 
     properties described in subsection (a) by the date that is 18 
     months after the date of a determination by the Director 
     under subsection (a), that Federal agency, except for 
     specific exceptions promulgated by the Director, shall not 
     increase the size of the civilian real property inventory, 
     unless the square footage of the increase is offset, within 
     an appropriate time as determined by the Director, through 
     consolidation, colocation, or disposal of another building 
     space from the inventory of that agency.
       ``(B) Exception.--Subparagraph (A) shall not apply to a 
     Federal agency that acquires any real property not under the 
     administrative jurisdiction of the Federal Government, by 
     sale or lease, until the Director submits a certification to 
     Congress of the disposal of all of those surplus real 
     properties.
       ``(2) Waiver.--Paragraph (1) shall not apply to a Federal 
     agency if--
       ``(A) the Federal agency submits to the Director and the 
     Committees on Environment and Public Works and Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committees on Transportation and Infrastructure and Oversight 
     and Government Reform of the House of Representatives a 
     written justification describing--
       ``(i) the reasons why the surplus real properties described 
     in subsection (a) under the jurisdiction of the Federal 
     agency were not disposed of; or
       ``(ii) why the restriction on growth without an identified 
     offset obstructs the performance of a mission-critical 
     function; and
       ``(B) Congress enacts a law approving the waiver.
       ``(3) OMB scorecard.--
       ``(A) In general.--The Director shall prepare an annual 
     scorecard measuring the success of each Federal agency in 
     achieving savings under this subchapter.
       ``(B) Government-wide savings.--The Director shall use the 
     scorecard described in subparagraph (A) to determine whether 
     the sum of the savings of each agency is at least 
     $15,000,000,000 over a 10-year period.
       ``(4) Report.--Not later than 1 year after the date of 
     enactment of this subchapter and once for every 5-year period 
     thereafter, the Council shall submit to the Director a report 
     listing each Federal agency that fails to meet the applicable 
     underutilized property reduction goal established under 
     section 622(5), along with a list of the remaining 
     underutilized properties of the Federal agency.
       ``(e) Termination of Authority.--The authority provided by 
     this section terminates on the date that is 5 years after the 
     date of enactment of this subchapter.

     ``Sec. 627. Homeless assistance grants

       ``(a) Definitions.--In this section:
       ``(1) Eligible nonprofit organization.--The term `eligible 
     nonprofit organization' means a nonprofit organization that 
     is a representative of the homeless.
       ``(2) Homeless.--The term `homeless' has the meaning given 
     the term in section 103 of

[[Page S7251]]

     the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302), 
     except that subsection (c) of that section shall not apply.
       ``(3) Permanent housing.--The term `permanent housing' has 
     the meaning given the term section 401 of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11360).
       ``(4) Private nonprofit organization.--The term `private 
     nonprofit organization' has the meaning given the term in 
     section 401 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360).
       ``(5) Representative of the homeless.--The term 
     `representative of the homeless' has the meaning given the 
     term in section 501(i) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11411(i)).
       ``(6) Secretary.--The term `Secretary' means the Secretary 
     of Housing and Urban Development.
       ``(7) Transitional housing.--The term `transitional 
     housing' has the meaning given the term in section 401 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360).
       ``(b) Grant Authority.--
       ``(1) In general.--To the extent amounts are made available 
     under section 626 for use under this section, the Secretary 
     shall make grants to eligible private nonprofit organizations 
     through the continuum of care program established under 
     subtitle C of title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11381 et seq.), to purchase 
     property suitable for use to assist the homeless in 
     accordance with subsection (c).
       ``(2) Terms and conditions.--Except as otherwise provided 
     in this section, a grant under this section shall be subject 
     to the same terms and conditions as a grant under the 
     continuum of care program established under subtitle C of 
     title IV of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11381 et seq.).
       ``(c) Use of Properties for Housing or Shelter for the 
     Homeless.--
       ``(1) Eligible uses.--An eligible private nonprofit 
     organization that receives a grant under subsection (b) shall 
     use the amounts received only to purchase or rehabilitate 
     real property for use to provide permanent housing, 
     transitional housing, or temporary shelter to the homeless.
       ``(2) Term of use.--The Secretary may not make a grant 
     under subsection (b) to an eligible private nonprofit 
     organization unless the eligible private nonprofit 
     organization provides to the Secretary such assurances as the 
     Secretary determines necessary to ensure that any property 
     purchased or rehabilitated using amounts received under the 
     grant is used only for the uses described in paragraph (1) 
     for a period of not less than 15 years.
       ``(d) Preference.--In awarding grants under subsection (b), 
     the Secretary shall give preference to eligible private 
     nonprofit organizations that operate within areas in which 
     Federal real property is being sold under the disposal 
     program authorized under section 626.
       ``(e) Regulations.--The Secretary may promulgate such 
     regulations as are necessary to carry out this section.''.
       (b) Report of the Comptroller General.--Not later than 5 
     years after the date of enactment of this subtitle, the 
     Comptroller General of the United States shall submit to 
     Congress a report on the use by executive agencies of the 
     authorities provided by this subtitle and amendments made by 
     this subtitle.

     SEC. 1095. CONSIDERATION OF LIFE-CYCLE COST REQUIRED.

       (a) In General.--Section 3305 of title 40, United States 
     Code, is amended by adding at the end the following:
       ``(d) Consideration of Life-Cycle Cost Required.--
       ``(1) Definitions.--In this subsection:
       ``(A) Life-cycle cost.--The term `life-cycle cost' means 
     the sum of the following costs, as estimated for the lifetime 
     of a building:
       ``(i) Investment costs.
       ``(ii) Capital costs.
       ``(iii) Installation costs.
       ``(iv) Energy costs.
       ``(v) Operating costs.
       ``(vi) Maintenance costs.
       ``(vii) Replacement costs.
       ``(B) Lifetime of a building.--The term `lifetime of a real 
     property asset' means, with respect to an asset, the greater 
     of--
       ``(i) the period of time during which the asset is 
     projected to be used; or
       ``(ii) 50 years.
       ``(2) Requirement.--The Council shall ensure that the life-
     cycle cost of a real property asset is considered in the 
     construction or lease of a real property asset described in 
     paragraph (3).
       ``(3) Federal public buildings subject to requirement.--A 
     real property asset shall be subject to the requirement under 
     paragraph (2) if--
       ``(A) construction or lease of the asset begins after the 
     date on which the Council is established;
       ``(B) the estimated construction costs of the asset exceed 
     $1,000,000;
       ``(C) in the case of a lease, the square footage of the 
     asset is more than 25,000 square feet; and
       ``(D) Federal funding comprises more than 50 percent of the 
     funding for the estimated construction or lease costs of the 
     asset.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 5 of subtitle I of title 40, United 
     States Code, is amended by inserting after the item relating 
     to section 611 the following:

          ``subchapter vii--expedited disposal of real property

``621. Definitions.
``622. Duties of Federal agencies.
``623. Establishment of a Federal Real Property Council.
``624. Database.
``625. Limitation on certain leasing authorities.
``626. Expedited disposal program.
``627. Homeless assistance grants.''.
                                 ______
                                 
  SA 3241. Mr. CARPER (for himself, Ms. Collins, 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, insert the following:

                 Subtitle _--GAO Mandates Revision Act

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``GAO Mandates Revision 
     Act of 2012''.

     SEC. _02. REPEALS AND MODIFICATIONS.

       (a) Capitol Preservation Fund Financial Statements.--
     Section 804 of the Arizona-Idaho Conservation Act of 1988 (2 
     U.S.C. 2084) is amended by striking ``annual audits of the 
     transactions of the Commission'' and inserting ``periodic 
     audits of the transactions of the Commission, which shall be 
     conducted at least once every 3 years, unless the Chairman or 
     the Ranking Member of the Committee on Rules and 
     Administration of the Senate or the Committee on House 
     Administration of the House of Representatives, the Secretary 
     of the Senate, or the Clerk of the House of Representatives 
     requests that an audit be conducted at an earlier date,''.
       (b) Judicial Survivors' Annuities Fund Audit by GAO.--
       (1) In general.--Section 376 of title 28, United States 
     Code, is amended--
       (A) by striking subsection (w); and
       (B) by redesignating subsections (x) and (y) as subsections 
     (w) and (x), respectively.
       (2) Technical and conforming amendment.--Section 376(h)(2) 
     of title 28, United States Code, is amended by striking 
     ``subsection (x)'' and inserting ``subsection (w)''.
       (c) ONDCP Annual Report Requirement.--Section 203 of the 
     Office of National Drug Control Policy Reauthorization Act of 
     2006 (21 U.S.C. 1708a) is amended--
       (1) in subsection (a), by striking ``of each year'' and 
     inserting ``, 2013, and every 3 years thereafter,''; and
       (2) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``at a frequency of not less than once per 
     year--'' and inserting ``not later than December 31, 2013, 
     and every 3 years thereafter--''.
       (d) USERRA GAO Report.--Section 105(g)(1) of the Veterans' 
     Benefits Act of 2010 (Public Law 111-275; 38 U.S.C. 4301 
     note) is amended by striking ``, and annually thereafter 
     during the period when the demonstration project is 
     conducted,''.
       (e) Semipostal Program Reports by the General Accounting 
     Office.--Section 2 of the Semipostal Authorization Act 
     (Public Law 106-253; 114 Stat. 636; 39 U.S.C. 416 note) is 
     amended--
       (1) by striking subsection (c); and
       (2) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.
       (f) Earned Import Allowance Program Review by GAO.--Section 
     231A(b)(4) of the Caribbean Basin Economic Recovery Act (19 
     U.S.C. 2703a(b)(4)) is amended--
       (1) by striking subparagraph (C); and
       (2) by redesignating subparagraph (D) as subparagraph (C).
       (g) American Battle Monuments Commission's Financial 
     Statements and Audits.--Section 2103(h) of title 36, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``of paragraph (2) of 
     this subsection'' and inserting ``of section 3515 of title 
     31'';
       (2) in paragraph (1), by striking ``(1)''; and
       (3) by striking paragraph (2).
       (h) Senate Preservation Fund Audits.--Section 3(c)(6) of 
     the Legislative Branch Appropriations Act, 2004 (2 U.S.C. 
     2108(c)(6)) is amended by striking ``annual audits of the 
     Senate Preservation Fund'' and inserting ``periodic audits of 
     the Senate Preservation Fund, which shall be conducted at 
     least once every 3 years, unless the Chairman or the Ranking 
     Member of the Committee on Rules and Administration of the 
     Senate or the Secretary of the Senate requests that an audit 
     be conducted at an earlier date,''.
                                 ______
                                 
  SA 3242. Mr. CARPER (for himself, Mr. Brown of Massachusetts, and Ms. 
Collins) 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, insert the following:

[[Page S7252]]

 Subtitle _--Improper Payments Elimination and Recovery Improvement Act

     SEC. _01. SHORT TITLE.

       This subtitle may be cited as the ``Improper Payments 
     Elimination and Recovery Improvement Act of 2012''.

     SEC. _02. DEFINITIONS.

       In this subtitle--
       (1) the term ``agency'' means an executive agency as that 
     term is defined under section 102 of title 31, United States 
     Code; and
       (2) the term ``improper payment'' has the meaning given 
     that term in section 2(g) of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note), as 
     redesignated by section _03(a)(1) of this subtitle.

     SEC. _03. IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS BY 
                   FEDERAL AGENCIES.

       (a) In General.--Section 2 of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) is amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) Improving the Determination of Improper Payments.--
       ``(1) In general.--The Director of the Office of Management 
     and Budget shall on an annual basis--
       ``(A) identify a list of high-priority Federal programs for 
     greater levels of oversight and review--
       ``(i) in which the highest dollar value or highest rate of 
     improper payments occur; or
       ``(ii) for which there is a higher risk of improper 
     payments; and
       ``(B) in coordination with the agency responsible for 
     administering the high-priority program, establish annual 
     targets and semi-annual or quarterly actions for reducing 
     improper payments associated with each high-priority program.
       ``(2) Report on high-priority improper payments.--
       ``(A) In general.--Subject to Federal privacy policies and 
     to the extent permitted by law, each agency with a program 
     identified under paragraph (1)(A) on an annual basis shall 
     submit to the Inspector General of that agency, and make 
     available to the public (including availability through the 
     Internet), a report on that program.
       ``(B) Contents.--Each report under this paragraph--
       ``(i) shall describe--

       ``(I) any action the agency--

       ``(aa) has taken or plans to take to recover improper 
     payments; and
       ``(bb) intends to take to prevent future improper payments; 
     and
       ``(ii) shall not include any referrals the agency made or 
     anticipates making to the Department of Justice, or any 
     information provided in connection with such referrals.
       ``(C) Public availability on central website.--The Office 
     of Management and Budget shall make each report submitted 
     under this paragraph available on a central website.
       ``(D) Availability of information to inspector general.--
     Subparagraph (B)(ii) shall not prohibit any referral or 
     information being made available to an Inspector General as 
     otherwise provided by law.
       ``(E) Assessment and recommendations.--The Inspector 
     General of each agency that submits a report under this 
     paragraph shall, for each program of the agency that is 
     identified under paragraph (1)(A)--
       ``(i) review--

       ``(I) the assessment of the level of risk associated with 
     the program, and the quality of the improper payment 
     estimates and methodology of the agency relating to the 
     program; and
       ``(II) the oversight or financial controls to identify and 
     prevent improper payments under the program; and

       ``(ii) submit to Congress recommendations, which may be 
     included in another report submitted by the Inspector General 
     to Congress, for modifying any plans of the agency relating 
     to the program, including improvements for improper payments 
     determination and estimation methodology.'';
       (3) in subsection (d) (as redesignated by paragraph (1) of 
     this subsection), by striking ``subsection (b)'' each place 
     that term appears and inserting ``subsection (c)'';
       (4) in subsection (e) (as redesignated by paragraph (1) of 
     this subsection), by striking ``subsection (b)'' and 
     inserting ``subsection (c)''; and
       (5) in subsection (g)(3) (as redesignated by paragraph (1) 
     of this subsection), by inserting ``or a Federal employee'' 
     after ``non-Federal person or entity''.
       (b) Improved Estimates.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this subtitle, the Director of the Office of 
     Management and Budget shall provide guidance to agencies for 
     improving the estimates of improper payments under the 
     Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note).
       (2) Guidance.--Guidance under this subsection shall--
       (A) strengthen the estimation process of agencies by 
     setting standards for agencies to follow in determining the 
     underlying validity of sampled payments to ensure amounts 
     being billed are proper; and
       (B) instruct agencies to give the persons or entities 
     performing improper payments estimates access to all 
     necessary payment data, including access to relevant 
     documentation;
       (C) explicitly bar agencies from relying on self-reporting 
     by the recipients of agency payments as the sole source basis 
     for improper payments estimates;
       (D) require agencies to include all identified improper 
     payments in the reported estimate, regardless of whether the 
     improper payment in question has been or is being recovered;
       (E) include payments to employees, including salary, 
     locality pay, travel pay, purchase card use, and other 
     employee payments, as subject to risk assessment and, where 
     appropriate, improper payment estimation; and
       (F) require agencies to tailor their corrective actions for 
     the high-priority programs identified under section 
     2(b)(1)(A) of the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) to better reflect the unique processes, 
     procedures, and risks involved in each specific program.
       (c) Technical and Conforming Amendments.--The Improper 
     Payments Elimination and Recovery Act of 2010 (Public Law 
     111-204; 124 Stat. 2224) is amended--
       (1) in section 2(h)(1) (31 U.S.C. 3321 note), by striking 
     ``section 2(f)'' and all that follows and inserting ``section 
     2(g) of the Improper Payments Information Act of 2002 (31 
     U.S.C. 3321 note).''; and
       (2) in section 3(a) (31 U.S.C. 3321 note)--
       (A) in paragraph (1), by striking ``section 2(f)'' and all 
     that follows and inserting ``section 2(g) of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note).''; 
     and
       (B) in paragraph (3)--
       (i) by striking ``section 2(b)'' each place it appears and 
     inserting ``section 2(c)''; and
       (ii) by striking ``section 2(c)'' each place it appears and 
     inserting ``section 2(d)''.

     SEC. _04. IMPROPER PAYMENTS INFORMATION.

       Section 2(a)(3)(A)(ii) of the Improper Payments Information 
     Act of 2002 (31 U.S.C. 3321 note) is amended by striking 
     ``with respect to fiscal years following September 30th of a 
     fiscal year beginning before fiscal year 2013 as determined 
     by the Office of Management and Budget'' and inserting ``with 
     respect to fiscal year 2014 and each fiscal year 
     thereafter''.

     SEC. _05. DO NOT PAY INITIATIVE.

       (a) Prepayment and Preaward Procedures.--
       (1) In general.--Each agency shall review prepayment and 
     preaward procedures and ensure that a thorough review of 
     available databases with relevant information on eligibility 
     occurs to determine program or award eligibility and prevent 
     improper payments before the release of any Federal funds.
       (2) Databases.--At a minimum and before issuing any payment 
     and award, each agency shall review as appropriate the 
     following databases to verify eligibility of the payment and 
     award:
       (A) The Death Master File of the Social Security 
     Administration.
       (B) The General Services Administration's Excluded Parties 
     List System.
       (C) The Debt Check Database of the Department of the 
     Treasury.
       (D) The Credit Alert System or Credit Alert Interactive 
     Voice Response System of the Department of Housing and Urban 
     Development.
       (E) The List of Excluded Individuals/Entities of the Office 
     of Inspector General of the Department of Health and Human 
     Services.
       (b) Do Not Pay Initiative.--
       (1) Establishment.--There is established the Do Not Pay 
     Initiative which shall include--
       (A) use of the databases described under subsection (a)(2); 
     and
       (B) use of other databases designated by the Director of 
     the Office of Management and Budget in consultation with 
     agencies and in accordance with paragraph (2).
       (2) Other databases.--In making designations of other 
     databases under paragraph (1)(B), the Director of the Office 
     of Management and Budget shall--
       (A) consider any database that substantially assists in 
     preventing improper payments; and
       (B) provide public notice and an opportunity for comment 
     before designating a database under paragraph (1)(B).
       (3) Access and review by agencies.--For purposes of 
     identifying and preventing improper payments, each agency 
     shall have access to, and use of, the Do Not Pay Initiative 
     to verify payment or award eligibility in accordance with 
     subsection (a) when the Director of the Office of Management 
     and Budget determines the Do Not Pay Initiative is 
     appropriately established for the agency.
       (4) Payment otherwise required.--When using the Do Not Pay 
     Initiative, an agency shall recognize that there may be 
     circumstances under which the law requires a payment or award 
     to be made to a recipient, regardless of whether that 
     recipient is identified as potentially ineligible under the 
     Do Not Pay Initiative.
       (5) Annual report.--The Director of the Office of 
     Management and Budget shall submit to Congress an annual 
     report, which may be included as part of another report 
     submitted to Congress by the Director, regarding the 
     operation of the Do Not Pay Initiative, which shall--
       (A) include an evaluation of whether the Do Not Pay 
     Initiative has reduced improper payments or improper awards; 
     and
       (B) provide the frequency of corrections or identification 
     of incorrect information.
       (c) Database Integration Plan.--Not later than 60 days 
     after the date of enactment of this subtitle, the Director of 
     the Office of Management and Budget shall provide to the 
     Congress a plan for--

[[Page S7253]]

       (1) inclusion of other databases on the Do Not Pay 
     Initiative;
       (2) to the extent permitted by law, agency access to the Do 
     Not Pay Initiative; and
       (3) the multilateral data use agreements described under 
     subsection (e).
       (d) Initial Working System.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this subtitle, the Director of the Office of 
     Management and Budget shall establish a working system for 
     prepayment and preaward review that includes the Do Not Pay 
     Initiative as described under this section.
       (2) Working system.--The working system established under 
     paragraph (1)--
       (A) may be located within an appropriate agency;
       (B) shall include not less than 3 agencies as users of the 
     system; and
       (C) shall include investigation activities for fraud and 
     systemic improper payments detection through analytic 
     technologies and other techniques, which may include 
     commercial database use or access.
       (3) Application to all agencies.--Not later than June 1, 
     2013, each agency shall review all payments and awards for 
     all programs of that agency through the system established 
     under this subsection.
       (e) Facilitating Data Access by Federal Agencies and 
     Offices of Inspectors General for Purposes of Program 
     Integrity.--
       (1) Definition.--In this subsection, the term ``Inspector 
     General'' means an Inspector General described in 
     subparagraph (A), (B), or (I) of section 11(b)(1) of the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (2) Computer matching by federal agencies for purposes of 
     investigation and prevention of improper payments and 
     fraud.--
       (A) In general.--Except as provided in this paragraph, in 
     accordance with section 552a of title 5, United States Code 
     (commonly known as the Privacy Act of 1974), each Inspector 
     General and the head of each agency may enter into computer 
     matching agreements that allow ongoing data matching (which 
     shall include automated data matching) in order to assist in 
     the detection and prevention of improper payments.
       (B) Review.--Not later than 60 days after a proposal for an 
     agreement under subparagraph (A) has been presented to a Data 
     Integrity Board established under section 552a(u) of title 5, 
     United States Code, for consideration, the Data Integrity 
     Board shall respond to the proposal.
       (C) Termination date.--An agreement under subparagraph 
     (A)--
       (i) shall have a termination date of less than 3 years; and
       (ii) during the 3-month period ending on the date on which 
     the agreement is scheduled to terminate, may be renewed by 
     the agencies entering the agreement for not more than 3 
     years.
       (D) Multiple agencies.--For purposes of this paragraph, 
     section 552a(o)(1) of title 5, United States Code, shall be 
     applied by substituting ``between the source agency and the 
     recipient agency or non-Federal agency or an agreement 
     governing multiple agencies'' for ``between the source agency 
     and the recipient agency or non-Federal agency'' in the 
     matter preceding subparagraph (A).
       (E) Cost-benefit analysis.--A justification under section 
     552a(o)(1)(B) of title 5, United States Code, relating to an 
     agreement under subparagraph (A) is not required to contain a 
     specific estimate of any savings under the computer matching 
     agreement.
       (F) Guidance by the office of management and budget.--Not 
     later than 6 months after the date of enactment of this 
     subtitle, and in consultation with the Council of Inspectors 
     General on Integrity and Efficiency, the Secretary of Health 
     and Human Services, the Commissioner of Social Security, and 
     the head of any other relevant agency, the Director of the 
     Office of Management and Budget shall--
       (i) issue guidance for agencies regarding implementing this 
     paragraph, which shall include standards for--

       (I) reimbursement of costs, when necessary, between 
     agencies;
       (II) retention and timely destruction of records in 
     accordance with section 552a(o)(1)(F) of title 5, United 
     States Code;
       (III) prohibiting duplication and redisclosure of records 
     in accordance with section 552a(o)(1)(H) of title 5, United 
     States Code;

       (ii) review the procedures of the Data Integrity Boards 
     established under section 552a(u) of title 5, United States 
     Code, and develop new guidance for the Data Integrity Boards 
     to--

       (I) improve the effectiveness and responsiveness of the 
     Data Integrity Boards; and
       (II) ensure privacy protections in accordance with section 
     552a of title 5, United States Code (commonly known as the 
     Privacy Act of 1974); and
       (III) establish standard matching agreements for use when 
     appropriate; and

       (iii) establish and clarify rules regarding what 
     constitutes making an agreement entered under subparagraph 
     (A) available upon request to the public for purposes of 
     section 552a(o)(2)(A)(ii) of title 5, United States Code, 
     which shall include requiring publication of the agreement on 
     a public website.
       (G) Corrections.--The Director of the Office of Management 
     and Budget shall establish procedures providing for the 
     correction of data in order to ensure--
       (i) compliance with section 552a(p) of title 5, United 
     States Code; and
       (ii) that corrections are made in any Do Not Pay Initiative 
     database and in any relevant source databases designated by 
     the Director of the Office of Management and Budget under 
     subsection (b)(1).
       (H) Compliance.--The head of each agency, in consultation 
     with the Inspector General of the agency, shall ensure that 
     any information provided to an individual or entity under 
     this subsection is provided in accordance with protocols 
     established under this subsection.
       (I) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the rights of an individual under 
     section 552a(p) of title 5, United States Code.
       (f) Development and Access to a Database of Incarcerated 
     Individuals.--Not later than 1 year after the date of 
     enactment of this subtitle, the Attorney General shall submit 
     to Congress recommendations for increasing the use of, access 
     to, and the technical feasibility of using data on the 
     Federal, State, and local conviction and incarceration status 
     of individuals for purposes of identifying and preventing 
     improper payments by Federal agencies and programs and fraud.
       (g) Plan To Curb Federal Improper Payments to Deceased 
     Individuals by Improving the Quality and Use by Federal 
     Agencies of the Social Security Administration Death Master 
     File.--
       (1) Establishment.--In conjunction with the Commissioner of 
     Social Security and in consultation with relevant 
     stakeholders that have an interest in or responsibility for 
     providing the data, and the States, the Director of the 
     Office of Management and Budget shall establish a plan for 
     improving the quality, accuracy, and timeliness of death data 
     maintained by the Social Security Administration, including 
     death information reported to the Commissioner under section 
     205(r) of the Social Security Act (42 U.S.C. 405(r)).
       (2) Additional actions under plan.--The plan established 
     under this subsection shall include recommended actions by 
     agencies to--
       (A) increase the quality and frequency of access to the 
     Death Master File and other death data;
       (B) achieve a goal of at least daily access as appropriate;
       (C) provide for all States and other data providers to use 
     improved and electronic means for providing data;
       (D) identify improved methods by agencies for determining 
     ineligible payments due to the death of a recipient through 
     proactive verification means; and
       (E) address improper payments made by agencies to deceased 
     individuals as part of Federal retirement programs.
       (3) Report.--Not later than 120 days after the date of 
     enactment of this subtitle, the Director of the Office of 
     Management and Budget shall submit a report to Congress on 
     the plan established under this subsection, including 
     recommended legislation.

     SEC. _06. IMPROVING RECOVERY OF IMPROPER PAYMENTS.

       (a) Definition.--In this section, the term ``recovery 
     audit'' means a recovery audit described under section 2(h) 
     of the Improper Payments Elimination and Recovery Act of 
     2010.
       (b) Review.--The Director of the Office of Management and 
     Budget shall determine--
       (1) current and historical rates and amounts of recovery of 
     improper payments (or, in cases in which improper payments 
     are identified solely on the basis of a sample, recovery 
     rates and amounts estimated on the basis of the applicable 
     sample), including a list of agency recovery audit contract 
     programs and specific information of amounts and payments 
     recovered by recovery audit contractors; and
       (2) targets for recovering improper payments, including 
     specific information on amounts and payments recovered by 
     recovery audit contractors.
                                 ______
                                 
  SA 3243. Mr. LEVIN (for himself, Mrs. Feinstein, Mr. Chambliss, Mr. 
Lugar, Mr. Lieberman, 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; as follows:

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

     SEC. 1221. SENSE OF CONGRESS COMMENDING THE ENDURING 
                   STRATEGIC PARTNERSHIP AGREEMENT BETWEEN THE 
                   UNITED STATES AND AFGHANISTAN.

       (a) Findings.--Congress makes the following findings:
       (1) The United States and Afghanistan have been allies in 
     the conflict against al Qaeda and its affiliates for over a 
     decade, with the shared goal of ensuring that Afghanistan is 
     never again a sanctuary for al Qaeda.
       (2) The United States and Afghanistan are committed to the 
     framework agreed to at the North Atlantic Treaty Organization 
     (NATO) Summit in Lisbon in 2010, and reaffirmed at the NATO 
     Summit in Chicago in 2012, for the transition from coalition 
     forces to the Afghan National Security Forces of

[[Page S7254]]

     lead responsibility for security throughout Afghanistan by 
     the end of 2014.
       (3) In June 2011, President Barack Obama said, ``What we 
     can do, and will do, is build a partnership with the Afghan 
     people that endures--one that ensures that we will be able to 
     continue targeting terrorists and supporting a sovereign 
     Afghan government.''
       (4) In November 2011, a traditional loya jirga in Kabul 
     declared that ``strategic cooperation with the United States 
     of America, which is a strategic ally of the people and 
     government of Afghanistan, is considered important in order 
     to ensure political, economic, and military security'' and 
     also stated, ``Signing a strategic cooperation document with 
     the United States conforms with the national interest of 
     Afghanistan and is of significant importance.''
       (5) On May 2, 2012, President Obama and President Hamid 
     Karzai signed the Enduring Strategic Partnership Agreement 
     Between the United States of America and the Islamic Republic 
     of Afghanistan.
       (6) At the signing of the Enduring Strategic Partnership 
     Agreement, President Obama said, ``Today we're agreeing to be 
     long-term partners in combating terrorism, and training 
     Afghan security forces, strengthening democratic institutions 
     and supporting development, and protecting human rights of 
     all Afghans. With this agreement, the Afghan people, and the 
     world, should know that Afghanistan has a friend and a 
     partner in the United States.''
       (7) At a May 20, 2012, bilateral meeting with President 
     Karzai at the NATO Summit in Chicago, President Obama said 
     that the Enduring Strategic Partnership Agreement ``reflects 
     a future in which two sovereign nations--the United States 
     and Afghanistan--are operating as partners, to the benefit of 
     our countries' citizens, but also for the benefit of peace 
     and security and stability in the region and around the 
     world''.
       (8) President Karzai said at the May 20, 2012, bilateral 
     meeting with President Obama, ``Mr. President, the 
     partnership that we signed a few weeks ago in Kabul has 
     turned a new page in our relations. And the new page is a 
     page of two sovereign countries working together for the 
     mutual interests--peace and security and in all other 
     areas.''
       (9) On May 26, 2012, the Wolesi Jirga, the lower house of 
     the Afghan parliament, approved the Agreement by a vote of 
     191-7 with 2 abstentions.
       (10) On June 3, 2012, the Meshrano Jirga, the upper house 
     of the Afghan parliament, approved the Agreement by a vote of 
     67-13.
       (11) On July 8, 2012, at the Tokyo Conference on 
     Afghanistan, the international community and the Government 
     of Afghanistan reaffirmed their partnership in the economic 
     growth and development of Afghanistan through a process of 
     mutual commitments and accountability.
       (12) On July 4, 2012, the Enduring Strategic Partnership 
     Agreement entered into force.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the members of the United States Armed Forces, 
     intelligence community, and diplomatic and development 
     community of the United States are to be commended for their 
     dedicated efforts and sacrifices in support of military and 
     stability operations in Afghanistan that have helped 
     strengthen security in Afghanistan, laid the foundation for 
     transition to a long-term partnership between the United 
     States and a sovereign Afghanistan, and supported the 
     Government and people of Afghanistan as they continue to 
     build their capacity to effectively and justly govern;
       (2) the United States negotiating team for the Enduring 
     Strategic Partnership Agreement, including the United States 
     Embassy personnel in Kabul under the leadership of Ambassador 
     Ryan Crocker, is to be commended for its committed diplomatic 
     efforts;
       (3) the Governments of the United States and Afghanistan 
     are to be commended for concluding the Enduring Strategic 
     Partnership Agreement;
       (4) Congress supports the objectives and principles of the 
     Enduring Strategic Partnership Agreement, including 
     protecting and promoting shared democratic values, advancing 
     long-term security, reinforcing regional security and 
     cooperation, fostering social and economic development, 
     upholding the rights of women and minorities, and 
     strengthening institutions and governance in Afghanistan;
       (5) it is essential that the Government and people of 
     Afghanistan fulfill Afghanistan's international commitments 
     as agreed at the Tokyo Conference of July 2012, the Bonn 
     Conference of December 2011, the Kabul Conference of July 
     2011, and other venues to combat corruption, protect the 
     equal rights of all citizens of Afghanistan and enforce the 
     rule of law, hold free and fair elections in 2014, and build 
     inclusive and effective institutions of democratic 
     governance;
       (6) a key national security interest of the United States 
     is to maintain a long-term political, economic, and military 
     relationship with Afghanistan, including a limited presence 
     of United States Armed Forces for the purpose of training, 
     advising, and supporting Afghan National Security Forces and 
     cooperating on shared counterterrorism objectives;
       (7) the negotiation and conclusion of a Bilateral Security 
     Agreement, as called for in the Enduring Strategic 
     Partnership Agreement, will provide a fundamental framework 
     for the long-term security relationship between the United 
     States and Afghanistan; and
       (8) Congress has a critical role in continuing to provide 
     the support and assistance necessary to achieve the goals of 
     the Enduring Strategic Partnership Agreement.
                                 ______
                                 
  SA 3244. 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 H of title X, add the following:

     SEC. 1084. TRANSPORT FOR FEMALE GENITAL MUTILATION.

       Section 116 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(d) Whoever knowingly transports from the United States 
     and its territories a person in foreign commerce for the 
     purpose of conduct with regard to that person that would be a 
     violation of subsection (a) if the conduct occurred within 
     the United States, or attempts to do so, shall be fined under 
     this title or imprisoned not more than 5 years, or both.''.
                                 ______
                                 
  SA 3245. Ms. AYOTTE (for herself, Mr. Graham, Mr. Chambliss, Mr. 
Inhofe, Mr. Sessions, 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; as follows:

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

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

       No authorized to be appropriated funds may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, its territories, or possessions of 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after January 20, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
                                 ______
                                 
  SA 3246. 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 such 
     facilities as may be jointly determined by the Secretary of 
     Defense and the Attorney General 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

[[Page S7255]]

     loss of controlled substances delivered under such programs.
                                 ______
                                 
  SA 3247. 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 paragraphs (2) and (3), 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 number.--The number of aircraft that may 
     be transfered may not exceed 12 aircraft.
       (3) Limitations on determination as excess.--Aircraft may 
     not be determined to be excess for the purposes of this 
     subsection unless such aircraft are determined to be excess 
     in the report referenced by subsection (b) of section 1703 of 
     title XVII of this Act, subject to title XVII, or if such 
     aircraft are otherwise 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)--
       (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 3248. Mr. SANDERS (for himself 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 B of title XXXI, add the following:

     SEC. 3122. RENEWABLE ENERGY.

       Section 203(b)(2) of the Energy Policy Act of 2005 (42 
     U.S.C. 15852(b)(2)) is amended by striking ``geothermal,'' 
     and inserting ``geothermal (including geothermal heat 
     pumps),''.
                                 ______
                                 
  SA 3249. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1084. STRATEGIC SEAPORTS.

       (a) Requirement to Consult and Cooperate.--The Secretary of 
     Defense and the Administrator of the Maritime Administration 
     shall consult and cooperate to develop methods to improve the 
     utilization by the Department of Defense and the Maritime 
     Administration of the port infrastructure development program 
     created by section 50302(c) of title 46, United States Code, 
     for the improvement of strategic seaports.
       (b) Strategic Seaport Defined.--In this section, the term 
     ``strategic seaport'' means a United States port designated 
     by the Secretary of Defense as a significant transportation 
     hub important to the readiness and cargo capacity of the 
     Department of Defense.
       (c) Authority to Accept Financial Assistance.--Subparagraph 
     (D) of section 50302(c)(2) of title 46, United States Code, 
     is amended by striking ``assistance'' and inserting ``and 
     financial assistance, including grants,''.
                                 ______
                                 
  SA 3250. Mr. KOHL 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. ASSISTANCE FOR CIVIL SUPPORT MISSION TRAINING.

       (a) Assistance Authorized.--Chapter 5 of title 32, United 
     States Code, is amended by adding at the end the following 
     new section:

     ``Sec. 510. Training assistance

       ``(a) Assistance Authorized.--To improve the training of 
     National Guard units performing civil support activities, the 
     Secretary of Defense may provide funding assistance through a 
     special military cooperative agreement for the operation and 
     maintenance of any State training center.
       ``(b) Merit-based or Competitive Decisions.--A decision to 
     commit, obligate, or expend funds under subsection (a) with 
     or to a specific entity shall--
       ``(1) be based on merit-based selection procedures in 
     accordance with the requirements of sections 2304(k) and 2374 
     of title 10 or on competitive procedures; and
       ``(2) comply with other applicable provisions of law.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``510. Training assistance.''.
                                 ______
                                 
  SA 3251. Ms. LANDRIEU 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 IX, add the following:

     SEC. 943. NATIONAL INSTITUTE FOR CYBER SECURITY EDUCATION AND 
                   TRAINING.

       (a) In General.--The Secretary of Defense shall establish 
     an institute to be known as the ``National Institute for 
     Cyber Security Education and Training'' (in this section 
     referred to as the ``Institute''). The Institute shall not be 
     an element of the Department of Defense.
       (b) Director.--The head of the Institute shall be the 
     Director of the National Institute for Cyber Security 
     Education and Training who shall be appointed by the 
     Secretary of Defense from among qualified personnel of the 
     Federal Government. If the person appointed Director of the 
     National Institute for Cyber Security Education and Training 
     is an officer or employee of a department or agency of the 
     Federal Government other than the Department of Defense, the 
     appointment shall be made with the concurrence of the head of 
     such department or agency.
       (c) Purpose.--The purpose of the Institute shall be to 
     provide advanced cyber-security training for the following:
       (1) Employees of the Federal Government engaged in cyber-
     security matters.
       (2) Employees of private sector who are engaged in programs 
     and activities with the Federal Government that require an 
     expertise in cyber-security matters.
       (d) Elements of Training.--The training provided by the 
     Institute shall include the following:
       (1) Expert instruction in cyber-security matters, including 
     virtualized network environments that can adaptively model 
     and simulate required training to familiarize and prepare 
     cyber security personnel for the challenges posed by the 
     cyber battlespace.
       (2) Such other training, instruction, and educational 
     components as the Secretary considers appropriate.

[[Page S7256]]

       (e) STEM Educational Components.--In addition to the 
     training provided by the Institute, the Institute shall also 
     develop and disseminate educational components on cyber-
     security themes and matters involving science, technology, 
     engineering, and mathematics (STEM) that are suitable for 
     elementary and secondary education purposes and for higher 
     education purposes.
       (f) Personnel and Other Resources.--The Secretary shall 
     provide the Institute such personnel and other resources as 
     the Secretary considers appropriate for discharge by the 
     Institute of its activities under this section.
       (g) Funding.--Amounts authorized to be appropriated for the 
     Department of Defense for operation and maintenance shall be 
     available for the Institute for the discharge by the 
     Institute of its activities under this section.
       (h) Plan for Establishment.--Not later than June 30, 2013, 
     the Secretary shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report setting forth a plan for the establishment of the 
     Institute. The plan shall include a proposed structure of the 
     Institute, a proposal for the intended activities of the 
     Institute, and a schedule for selecting the location of the 
     Institute within the United States.
                                 ______
                                 
  SA 3252. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 394, between lines 7 and 8, insert the following:

     SEC. 1084. NO REGULATION UNDER THE TOXIC SUBSTANCES CONTROL 
                   ACT OF AMMUNITION OR FISHING TACKLE PENDING 
                   STUDY OF HEALTH AND ENVIRONMENTAL EFFECTS.

       (a) No Regulation of Ammunition or Fishing Tackle.--The 
     Administrator of the Environmental Protection Agency shall 
     not issue any proposed or final rule or guidance to regulate 
     any chemical substance or mixture in ammunition or fishing 
     tackle under the Toxic Substances Control Act (15 U.S.C. 2601 
     et seq.) during the period beginning on the date of enactment 
     of this Act and ending on the date of the publication of the 
     study required by subsection (b).
       (b) Study of Potential Human Health and Environmental 
     Effects.--
       (1) In general.--Not later than December 31, 2013, the 
     Secretary of Health and Human Services, the Commissioner of 
     Food and Drugs, the Administrator of the Environmental 
     Protection Agency, and the Secretary of the Interior shall 
     jointly prepare and publish a study that describes the 
     potential threats to human health (including to pregnant 
     women, children, and other vulnerable populations) and to the 
     environment from the use of--
       (A) lead and toxic substances in ammunition and fishing 
     tackle; and
       (B) commercially available and less toxic alternatives to 
     lead and toxic substances in ammunition and fishing tackle.
       (2) Use.--The Administrator of the Environmental Protection 
     Agency shall use, as appropriate, the findings of the report 
     required by paragraph (1) when considering any potential 
     future decision related to a chemical substance or mixture 
     when the substance or mixture is used in ammunition or 
     fishing tackle.
                                 ______
                                 
  SA 3253. 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 B of title X, add the following:

     SEC. 1015. ADDITIONAL SUPPORT FOR COUNTERDRUG TRAINING 
                   ACTIVITIES.

       (a) Support for State and Local Law Enforcement Agencies.--
     During fiscal years 2013 through 2019, the Secretary of 
     Defense may provide support for the counterdrug activities of 
     any State or local law enforcement agency for counterdrug-
     related training of law enforcement personnel, including 
     funding for the following:
       (1) The continued operation and maintenance of training 
     facilities for the purpose of facilitating counterdrug 
     activities of any Federal, State, local, or tribal law 
     enforcement agency within or outside the United States.
       (2) Associated support expenses for trainees and the 
     provision of materials necessary to carry out such training, 
     if such support is requested by the appropriate official of a 
     State or local government.
       (b) Conduct of Training or Operations to Aid Civilian 
     Agencies.--In providing support pursuant to subsection (a), 
     the Secretary may plan and execute otherwise valid military 
     training or operations for the purpose of aiding civilian law 
     enforcement agencies.
       (c) Prohibition on Limitation of Support.--In providing 
     support pursuant to subsection (a), the Secretary may not 
     limit the requirements for which support may be provided only 
     to critical, emergent, or unanticipated requirements.
                                 ______
                                 
  SA 3254. 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.''.

       (c) Applicability.--Section 5511 of title 38, United States 
     Code (as added by this section), shall apply only with 
     respect to persons who are determined by the Secretary of 
     Veterans Affairs to be mentally incapacitated, are deemed by 
     the Secretary to be mentally incompetent, or are determined 
     by the Secretary to be experiencing an extended loss of 
     consciousness on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3255. Mr. REED (for himself, Mr. Rubio, Mrs. McCaskill, Mr. 
Whitehouse, and Mr. Bennet) submitted an amendment intended to be 
proposed by him to the bill S. 3254, to authorize appropriations for 
fiscal year 2013 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; which was ordered to lie on the table; as 
follows:

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

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

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

[[Page S7257]]

     made when the aggregate amount of increases carried over 
     under this clause for a year is $1 or more.
       ``(iii) The provisions of this subparagraph shall not apply 
     to any increase in cost-sharing amounts described in clause 
     (i) that is made by the Secretary of Defense on or after 
     October 1, 2022. The Secretary may increase copayments, as 
     considered appropriate by the Secretary, beginning on October 
     1, 2022.''.
       (b) Effective Date.--
       (1) In general.--The cost-sharing requirements under 
     subparagraph (A) of section 1074g(a)(6) of title 10, United 
     States Code (as amended by subsection (a)(1)), shall apply 
     with respect to prescriptions obtained under the TRICARE 
     pharmacy benefits program on or after such date as the 
     Secretary of Defense shall specify, but not later than the 
     date that is 45 days after the date of the enactment of this 
     Act.
       (2) Federal register.--The Secretary shall publish notice 
     of the effective date of the cost-sharing requirements 
     specified under paragraph (1) in the Federal Register.

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

       (a) In General.--The Secretary of Defense shall conduct a 
     pilot program to refill prescription maintenance medications 
     for each TRICARE for Life beneficiary through the national 
     mail-order pharmacy program under section 1074g(a)(2)(E)(iii) 
     of title 10, United States Code.
       (b) Medications Covered.--
       (1) Determination.--The Secretary shall determine the 
     prescription maintenance medications included in the pilot 
     program under subsection (a).
       (2) Supply.--In carrying out the pilot program, the 
     Secretary shall ensure that the medications included in the 
     program--
       (A) are--
       (i) generally available through retail pharmacies for an 
     initial filling of a 30-day or less supply; and
       (ii) obtained by refill through the national mail order 
     pharmacy program; or
       (B) are both available for an initial filling or obtained 
     by refill at a military medical treatment facility.
       (3) No denial.--In the instance when a refill of such 
     maintenance medication is not obtained through a national 
     mail-order pharmacy program, the Secretary shall ensure that 
     beneficiaries are provided a supply at a retail pharmacy for 
     a limited period of time. The Secretary may impose a cost-
     sharing requirement on beneficiaries accessing such supply.
       (4) Exemption.--The Secretary may exempt the following 
     prescription maintenance medications from the requirements in 
     paragraph (2):
       (A) Medications for acute care needs.
       (B) Medications dispensed to patients in long-term care 
     facilities.
       (C) Such other medications as the Secretary considers 
     appropriate.
       (c) Nonparticipation.--
       (1) Opt out.--The Secretary shall give beneficiaries who 
     have been covered by the pilot program under subsection (a) 
     for a period of at least one year an opportunity to opt out 
     of continuing to participate in the pilot program.
       (2) Waiver.--The Secretary may waive the requirement for a 
     beneficiary to participate in the pilot program if the 
     Secretary determines, on an individual basis, that the waiver 
     is appropriate.
       (e) Reports.--Not later than March 31 of each year 
     beginning in 2014 and ending in 2018, the Secretary shall 
     submit to the congressional defense committees a report on 
     the pilot program under subsection (a), including the effects 
     of offering incentives for the use of mail-order pharmacies 
     by TRICARE for Life beneficiaries, access to maintenance 
     medications, and the effect on retail pharmacies.
       (f) TRICARE for Life Beneficiary Defined.--In this section, 
     the term ``TRICARE for Life beneficiary'' means a beneficiary 
     under the TRICARE program who is enrolled in the Medicare 
     wraparound coverage option of the TRICARE program made 
     available to the beneficiary by reason of section 1086(d) of 
     title 10, United States Code.
       (g) Sunset.--The Secretary may not carry out the pilot 
     program under subsection (a) after December 31, 2017.
                                 ______
                                 
  SA 3256. 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; as follows:

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

     SEC. 561. COMPTROLLER GENERAL OF THE UNITED STATES REPORTS ON 
                   JOINT PROFESSIONAL MILITARY EDUCATION MATTERS.

       (a) Report on Review of Military Education Coordination 
     Council Report.--
       (1) Review of methodology.--The Comptroller General of the 
     United States shall review the methodology used by the 
     Military Education Coordination Council in compiling the 
     report on joint professional military education that is to be 
     submitted to the Director of Joint Force Development by March 
     1, 2013, pursuant to the Joint Staff Memorandum, Joint Staff 
     Review, dated July 16, 2012. The review shall include an 
     examination of the analytical approach used by the Council 
     for that report, including the types of information 
     considered, the cost savings identified, the benefits of 
     options considered, the time frames for implementation, and 
     transparency.
       (2) Report.--Not later than 90 days after receiving from 
     the Director of Joint Force Development the report described 
     in paragraph (1), the Comptroller General shall submit to the 
     Committees on Armed Services of the Senate and the House of 
     Representatives a report on the review under paragraph (1) of 
     the report described in that paragraph. The report of the 
     Comptroller General under this paragraph shall set forth the 
     following:
       (A) The results of the review under paragraph (1).
       (B) Such recommendations as the Comptroller General 
     considers appropriate in light of the results of the review.
       (b) Report on Joint Professional Military Education 
     Research Institutions.--
       (1) Report required.--Not later than January 31, 2014, the 
     Comptroller General of the United States shall submit to the 
     congressional defense committees a report setting forth the 
     assessment by the Comptroller General of the work performed 
     by joint professional military education research 
     institutions in support of professional military education 
     and the broader mission of the Department of Defense, the 
     military departments, and the Defense Agencies.
       (2) Elements.--The report required by paragraph (1) shall 
     include an assessment of the following:
       (A) The systems, mechanisms, and structures within the 
     senior and intermediate joint professional military education 
     colleges and universities for oversight, governance, and 
     management of the joint professional military education 
     research institutions, including systems, mechanisms, and 
     structures relating to the development of policies and 
     budgets for research.
       (B) The factors contributing to and the extent of growth in 
     the number and size of joint professional military education 
     research institutions since 2000.
       (C) The causes and extent of cost growth at joint 
     professional military education research institutions since 
     2000.
       (D) The focus of research activity conducted by the joint 
     professional military education research institutions, and 
     the extent to which each joint professional military 
     education research institution performs a unique research 
     function or engages in similar or duplicative efforts with 
     other components or elements of the Department of Defense.
       (E) The measures of effectiveness used by the joint 
     professional military education research institutions, the 
     senior and intermediate joint professional military education 
     colleges and universities, and other oversight entities to 
     evaluate the performance of the joint professional military 
     education research institutions in meeting established goals 
     or objectives.
       (3) Definitions.--In this subsection:
       (A) The term ``joint professional military education 
     research institutions'' means subordinate organizations 
     (including centers, institutes, and schools) under the senior 
     and intermediate joint professional military education 
     colleges and universities for which research is the primary 
     mission or reason for existence.
       (B) The term ``senior and intermediate joint professional 
     military education colleges and universities'' means the 
     following:
       (i) The National Defense University.
       (ii) The Army War College.
       (iii) The Navy War College.
       (iv) The Air University.
       (v) The Air War College.
       (vi) The Marine Corp University.
                                 ______
                                 
  SA 3257. Ms. CANTWELL (for herself, Mr. Begich, Mrs. Murray, and 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 C of title I, add the following:

     SEC. 132. MULTIYEAR PROCUREMENT AUTHORITY FOR POLAR 
                   ICEBREAKERS.

       (a) Multiyear Procurement.--Subject to section 2306b of 
     title 10, United States Code, the Secretary of the Navy shall 
     enter into multiyear contracts, beginning with the fiscal 
     year 2013 program year, for the procurement of up to four 
     heavy duty polar icebreakers and any systems and equipment 
     associated with those vessels.
       (b) Authority for Advance Procurement.--The Secretary may 
     enter into one or more contracts, beginning in fiscal year 
     2013, for advance procurement associated with the vessels, 
     systems, and equipment for which authorization to enter into 
     a multiyear contract is provided under subsection (a).
       (c) Condition for Out-year Contract Payments.--A contract 
     entered into under subsection (a) shall provide that any 
     obligation of the United States to make a payment

[[Page S7258]]

     under the contract for a fiscal year after fiscal year 2013 
     is subject to the availability of appropriations or funds for 
     that purpose for such later fiscal year.
       (d) Memorandum of Agreement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of the 
     Navy and the Secretary of the Department in which the Coast 
     Guard is operating shall enter into a memorandum of agreement 
     establishing a process by which the Navy, in concurrence with 
     the Coast Guard, shall--
       (1) identify the vessel specifications, capabilities, 
     systems, equipment, and other details required for the design 
     of heavy polar icebreakers capable of fulfilling Navy and 
     Coast Guard mission requirements;
       (2) oversee the construction of heavy polar icebreakers 
     authorized to be procured under this section; and
       (3) to the extent not adequately addressed in the 1965 
     Revised Memorandum of Agreement between the Department of the 
     Navy and the Department of the Treasury on the Operation of 
     Icebreakers, transfer heavy polar icebreakers procured 
     through contracts authorized under this section from the Navy 
     to the Coast Guard to be maintained and operated by the Coast 
     Guard.
                                 ______
                                 
  SA 3258. Mr. ALEXANDER (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 B of title XXVI, add the following:

     SEC. 2613. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 
                   FISCAL YEAR 2011 PROJECT.

       In the case of the authorization contained in the table in 
     section 2604 of the Military Construction Authorization Act 
     for Fiscal Year 2011 (division B of Public Law 111-383; 124 
     Stat. 4453) for Nashville International Airport, Tennessee, 
     for renovation of an Intelligence Squadron Facility, the 
     Secretary of the Air Force may convert up to 4,023 square 
     meters of existing facilities to bed down Intelligence Group 
     and Remotely Piloted Aircraft Remote Split Operations Group 
     missions, consistent with the Air National Guard's 
     construction guidelines for these missions.
                                 ______
                                 
  SA 3259. Ms. COLLINS (for herself and Mr. Carper) 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. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                   MODERNIZATION.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 526. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM 
                   MODERNIZATION.

       ``(a) In General.--To provide timely and effective warnings 
     regarding natural disasters, wars, acts of terrorism, other 
     man-made disasters, and other hazards to public safety under 
     this title, the Administrator shall--
       ``(1) modernize the integrated public alert and warning 
     system of the United States (in this section referred to as 
     the `public alert and warning system') to ensure that under 
     all conditions the President and, except to the extent the 
     public alert and warning system is in use by the President, 
     Federal agencies and State, tribal, and local governments can 
     alert and warn the civilian population in areas endangered by 
     a natural disaster, war, act of terrorism, other man-made 
     disaster, or other hazard to public safety; and
       ``(2) implement the public alert and warning system.
       ``(b) Implementation Requirements.--In carrying out 
     subsection (a), the Administrator shall--
       ``(1) establish or adopt, as appropriate, common alerting 
     and warning protocols, standards, terminology, and operating 
     procedures for the public alert and warning system;
       ``(2) include in the public alert and warning system the 
     capability to adapt the distribution and content of 
     communications on the basis of geographic location, risks, 
     and multiple communication systems and technologies, as 
     appropriate;
       ``(3) include in the public alert and warning system the 
     capability to alert, warn, and provide equivalent information 
     to individuals with disabilities and individuals with limited 
     English proficiency, to the extent technically feasible;
       ``(4) ensure training, tests, and exercises for the public 
     alert and warning system are conducted, including--
       ``(A) through exercises conducted under the National 
     Exercise Program described in section 648 of the Post-Katrina 
     Emergency Management Reform Act of 2006 (6 U.S.C. 748), to 
     the extent determined appropriate by the Administrator;
       ``(B) the conduct of periodic nationwide tests; and
       ``(C) by establishing and integrating into the National 
     Incident Management System a comprehensive and periodic 
     training program to instruct and educate Federal, State, 
     tribal, and local government officials in the use of the 
     Common Alerting Protocol enabled-Emergency Alert System;
       ``(5) conduct public education efforts so that State, 
     tribal, and local governments, private entities, and the 
     people of the United States understand the functions of the 
     public alert and warning system and how to access, use, and 
     respond to information from the public alert and warning 
     system through a general market awareness campaign;
       ``(6) in coordination with the Secretary, ensure that the 
     public alert and warning system coordinates with the National 
     Terrorism Advisory System, including ensuring that the 
     National Terrorism Advisory System participates in tests of 
     the public alert and warning system;
       ``(7) consult, coordinate, and cooperate with the 
     appropriate private sector entities and Federal, State, 
     tribal, and local governmental authorities, including the 
     Regional Administrators and emergency response providers; and
       ``(8) coordinate with, and consider the recommendations of, 
     the Select Advisory Committee established under section 
     1084(b) of the National Defense Authorization Act for Fiscal 
     Year 2013.
       ``(c) System Requirements.--The public alert and warning 
     system shall--
       ``(1) incorporate multiple communication systems and 
     technologies, to the extent determined appropriate by the 
     Administrator;
       ``(2) be designed to adapt to, and incorporate, future 
     technologies for communicating directly with the public;
       ``(3) be designed to--
       ``(A) provide alerts that are accessible to the largest 
     portion of the affected population feasible, including 
     nonresident visitors and tourists and individuals with 
     disabilities, to the extent technically feasible; and
       ``(B) improve the ability of remote areas to receive 
     alerts; and
       ``(4) provide redundant alert mechanisms where practicable 
     so as to reach the greatest number of people.
       ``(d) Pilot Programs.--The Administrator may conduct pilot 
     programs for the purpose of demonstrating the feasibility of 
     using a variety of methods for achieving the system 
     requirements specified in subsection (c).
       ``(e) Use of System.--
       ``(1) Limitation.--Except to the extent necessary for 
     testing the public alert and warning system, the 
     Administrator may not transmit a message from the President 
     using the public alert and warning system that does not 
     relate to a natural disaster, war, act of terrorism, other 
     man-made disaster, or other hazard to public safety.
       ``(2) Consumer opt-out.--Nothing in this section shall be 
     construed to supersede section 602 of the SAFE Port Act (47 
     U.S.C. 1201).
       ``(f) Performance Reports.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2013, and annually thereafter through 2016, the 
     Administrator shall make available on the public website of 
     the Agency a performance report, which shall--
       ``(A) establish performance goals for the implementation of 
     the public alert and warning system by the Agency;
       ``(B) describe the performance of the public alert and 
     warning system, including--
       ``(i) the type of technology used for alerts and warnings 
     issued under the system;
       ``(ii) the measures taken to alert, warn, and provide 
     equivalent information to individuals with disabilities and 
     individuals with limited English proficiency; and
       ``(iii) the training, tests, and exercises performed and 
     the outcomes obtained by the Agency;
       ``(C) identify significant challenges to the effective 
     operation of the public alert and warning system and any 
     plans to address these challenges;
       ``(D) identify other necessary improvements to the system; 
     and
       ``(E) provide an analysis comparing the performance of the 
     public alert and warning system with the performance goals 
     established under subparagraph (A).
       ``(2) Congress.--The Administrator shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure and the Committee on Homeland Security of the 
     House of Representatives each report required under paragraph 
     (1).''.
       (b) Integrated Public Alert and Warning System 
     Modernization Select Advisory Committee.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Administrator of the Federal 
     Emergency Management Agency (in this subsection referred to 
     as the ``Administrator'') shall establish a select advisory 
     committee to the National Advisory Council established under 
     section 508 of the Homeland Security Act of 2002 (6 U.S.C. 
     318) to be known as the Integrated Public Alert and Warning 
     System Select Advisory Committee (in this subsection referred 
     to as the ``Select Advisory Committee'').

[[Page S7259]]

       (2) Membership.--The Select Advisory Committee shall be 
     composed of the following members:
       (A) The Chairman of the Federal Communications Commission 
     (or the Chairman's designee).
       (B) The Administrator of the National Oceanic and 
     Atmospheric Administration of the Department of Commerce (or 
     the Administrator's designee).
       (C) The Assistant Secretary for Communications and 
     Information of the Department of Commerce (or the Assistant 
     Secretary's designee).
       (D) The Under Secretary for Science and Technology of the 
     Department of Homeland Security (or the Under Secretary's 
     designee).
       (E) The Under Secretary for the National Protection and 
     Programs Directorate (or the Under Secretary's designee).
       (F) The Director of the Office of Disability Integration 
     and Coordination of the Federal Emergency Management Agency.
       (G) Qualified individuals appointed by the Administrator as 
     soon as practicable after the date of enactment of this Act 
     from among the following:
       (i) Representatives of State and local governments, 
     representatives of federally recognized Indian tribes and 
     national tribal organizations, representatives of emergency 
     management agencies, representatives of emergency response 
     providers, and representatives of emergency communication 
     providers.
       (ii) Individuals who have the requisite technical knowledge 
     and expertise to serve on the Select Advisory Committee, 
     including representatives of--

       (I) vendors, developers, and manufacturers of systems, 
     facilities, equipment, and capabilities for the provision of 
     communications services;
       (II) the broadcasting industry;
       (III) the cellular industry;
       (IV) the cable industry;
       (V) the satellite industry;
       (VI) consumer or privacy advocates;
       (VII) national organizations representing individuals with 
     disabilities, the blindness, deaf, and hearing loss 
     communities, and the elderly; and
       (VIII) organizations representing individuals with limited 
     English proficiency.

       (iii) Qualified representatives of such other stakeholders 
     and interested and affected parties as the Administrator 
     considers appropriate.
       (3) Chairperson.--The Administrator (or the Administrator's 
     designee) shall serve as the Chairperson of the Select 
     Advisory Committee.
       (4) Meetings.--
       (A) Initial meeting.--The initial meeting of the Select 
     Advisory Committee shall take place not later than 180 days 
     after the date of enactment of this Act.
       (B) Other meetings.--After the initial meeting, the Select 
     Advisory Committee shall meet, at least annually, at the call 
     of the Chairperson.
       (5) Recommendations.--The Select Advisory Committee may 
     develop and submit in the annual reports under paragraph (6) 
     recommendations for the continuation and improvement of the 
     public alert and warning system, including--
       (A) recommendations for common alerting and warning 
     protocols, standards, terminology, and operating procedures 
     for the public alert and warning system;
       (B) an assessment of the accomplishments and deficiencies 
     of the public alert and warning system, as well as the impact 
     on current alert and warning systems; and
       (C) recommendations for improvements to the public alert 
     and warning system, including recommendations to provide for 
     a public alert and warning system that--
       (i) has the capability to adapt the distribution and 
     content of communications on the basis of geographic 
     location, risks, and multiple communication systems and 
     technologies, as appropriate;
       (ii) has the capability to alert and warn individuals with 
     disabilities and individuals with limited English 
     proficiency;
       (iii) incorporates multiple communications technologies, to 
     the extend determined appropriate by the Select Advisory 
     Committee;
       (iv) is designed to adapt to, and incorporate, future 
     technologies for communicating directly with the public;
       (v) encourages proper use by State and local governments of 
     the public alert and warning system through training programs 
     and other means;
       (vi) is designed to provide alerts to the largest portion 
     of the affected population feasible, including nonresident 
     visitors and tourists, and improve the ability of remote 
     areas to receive alerts;
       (vii) promotes local and regional public and private 
     partnerships to enhance community preparedness and response; 
     and
       (viii) provides redundant alert mechanisms where 
     practicable so as to reach the greatest number of people 
     regardless of whether they have access to, or use, any 
     specific medium of communication or any particular device.
       (6) Report.--Not later than 1 year after the date of 
     enactment of this Act, and every year after, the Select 
     Advisory Committee shall submit to the National Advisory 
     Council established under section 508 of the Homeland 
     Security Act of 2002 (6 U.S.C. 318), the Administrator, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on Homeland Security of the 
     House of Representatives a report describing the activities 
     of the Select Advisory Committee and containing any 
     recommendations of the Select Advisory Committee.
       (c) Authorization of Appropriations.--There are to be 
     authorized to be appropriated such sums as may be necessary 
     to carry out this section and the amendments made by this 
     section for each of fiscal years 2013 through 2017.
       (d) Limitation on Statutory Construction.--Nothing in this 
     section (including the amendments made by this section) shall 
     be construed to affect the authority of the Department of 
     Commerce or the Federal Communications Commission.
                                 ______
                                 
  SA 3260. 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.

       (a) Prohibition.--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.
       (b) National Security Waiver Authority.--The Secretary of 
     Defense may waive the applicability of subsection (a) if the 
     Secretary determines that such a waiver is in the national 
     security interests of the United States with respect to the 
     capacity of the Afghan National Security Forces (ANSF).
                                 ______
                                 
  SA 3261. 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, through the Secretary of 
     Defense, submit to the congressional defense committees a 
     detailed assessment of the risk to the United States mission 
     and interests in Afghanistan as the change in levels is 
     implemented.
       (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 
     associated with 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 
     associated with such change in levels.
       (4) An identification and assessment of the risk associated 
     with any changes in United States mission, military 
     capabilities, operations, and objectives in Afghanistan 
     associated with 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 3262. 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 XII, add the following:

[[Page S7260]]

     SEC. 1233. REPORT ON MILITARY ACTIVITIES TO DENY OR 
                   SIGNIFICANTLY DEGRADE THE USE OF AIR POWER 
                   AGAINST CIVILIAN AND OPPOSITION GROUPS IN 
                   SYRIA.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Defense shall, 
     in consultation with the Chairman of the Joint Chiefs of 
     Staff, submit to the congressional defense committees a 
     report identifying the limited military activities that could 
     deny or significantly degrade the ability of President Bashar 
     al-Assad of Syria, and forces loyal to him, to use air power 
     against civilians and opposition groups in Syria.
       (b) Nature of Military Activities.--
       (1) Principal purpose.--The principal purpose of the 
     military activities identified for purposes of the report 
     required by subsection (a) shall be to advance the goals of 
     President Obama of stopping the killing of civilians in Syria 
     and creating conditions for a transition to a democratic, 
     pluralistic political system in Syria.
       (2) Additional goals.--The military activities identified 
     for purposes of the report shall also meet the goals as 
     follows:
       (A) That the United States Armed Forces conduct such 
     activities with foreign allies or partners.
       (B) That United States ground troops not be deployed onto 
     Syrian territory.
       (C) That the risk to civilians on the ground in Syria be 
     limited.
       (D) That the risks to United States military personnel be 
     limited.
       (E) That the financial costs to the United States be 
     limited.
       (c) Elements on Potential Military Activities.--The report 
     required by subsection (a) shall include a comprehensive 
     description, evaluation, and assessment of the potential 
     effectiveness of the following military activities, as 
     required by subsection (a):
       (1) The deployment of air defense systems, such as Patriot 
     missile batteries, to neighboring countries for the purpose 
     of denying or significantly degrading the operational 
     capability of Syria aircraft.
       (2) The establishment of one or more no-fly zones over key 
     population centers in Syria.
       (3) Limited air strikes to destroy or significantly degrade 
     Syria aircraft.
       (4) Such other military activities as the Secretary 
     considers appropriate to achieve the goals stated in 
     subsection (b).
       (d) Elements in Description of Potential Military 
     Activities.--For each military activity that the Secretary 
     identifies in subsection (c), the comprehensive description 
     of such activities under that subsection shall include, but 
     not be limited to, the type and the number of United States 
     military personnel and assets to be involved in such 
     activities, the anticipated duration of such activities, and 
     the anticipated cost of such activities. The report shall 
     also identify what elements would be required to maximize the 
     effectiveness of such military activities.
       (e) No Authorization for Use of Military Force.--Nothing in 
     this section shall be construed as a declaration or war or an 
     authorization for the use of force.
                                 ______
                                 
  SA 3263. 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:

       On page 595, between lines 7 and 8, insert the following:

        TITLE XXXVI--HUNTING, FISHING, AND RECREATIONAL SHOOTING

     SEC. 3601. SHORT TITLE.

       This title may be cited as the ``Sportsmen's Act of 2012''.

        Subtitle A--Hunting, Fishing, and Recreational Shooting

               PART I--HUNTING AND RECREATIONAL SHOOTING

     SEC. 3611. MAKING PUBLIC LAND PUBLIC.

       (a) In General.--Section 3 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended--
       (1) by striking ``Sec. 3. Appropriations.--Moneys'' and 
     inserting the following:

     ``SEC. 3. FUNDING.

       ``(a) In General.--Amounts''; and
       (2) by adding at the end the following:
       ``(b) Priority List.--
       ``(1) In general.--Subject to the availability of 
     appropriations and notwithstanding any other provision of 
     this Act, the Secretary of the Interior and the Secretary of 
     Agriculture shall ensure that, of the amounts made available 
     for the fund for each fiscal year, not less than 1.5 percent 
     of the amounts shall be made available for projects 
     identified on the priority list developed under paragraph 
     (2).
       ``(2) Priority list.--The Secretary of the Interior and the 
     Secretary of Agriculture, in consultation with the head of 
     each affected Federal agency, shall annually develop a 
     priority list for the sites under the jurisdiction of the 
     applicable Secretary.
       ``(3) Criteria.--Projects identified on the priority list 
     developed under paragraph (2) shall secure recreational 
     public access to Federal public land in existence as of the 
     date of enactment of this subsection that has significantly 
     restricted access for hunting, fishing, and other 
     recreational purposes through rights-of-way or acquisition of 
     land (or any interest in land) from willing sellers.''.
       (b) Conforming Amendments.--
       (1) Land and water conservation fund act.--The Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 et 
     seq.) is amended--
       (A) in the proviso at the end of section 2(c)(2) (16 U.S.C. 
     460l-5(c)(2)), by striking ``notwithstanding the provisions 
     of section 3 of this Act'';
       (B) in the first sentence of section 9 (16 U.S.C. 460l-
     10a), by striking ``by section 3 of this Act''; and
       (C) in the third sentence of section 10 (16 U.S.C. 460l-
     10b), by striking ``by section 3 of this Act''.
       (2) Federal land transaction facilitation act.--Section 
     206(f)(2) of the Federal Land Transaction Facilitation Act 
     (43 U.S.C. 2305(f)(2)) is amended by striking ``section 3 of 
     the Land and Water Conservation Fund Act (16 U.S.C. 460l-6)'' 
     and inserting ``the Land and Water Conservation Fund Act of 
     1965 (16 U.S.C. 460l-4 et seq.)''.

     SEC. 3612. PERMITS FOR IMPORTATION OF POLAR BEAR TROPHIES 
                   TAKEN IN SPORT HUNTS IN CANADA.

       Section 104(c)(5) of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1374(c)(5)) is amended by striking 
     subparagraph (D) and inserting the following:
       ``(D)(i) The Secretary of the Interior shall, expeditiously 
     after the expiration of the applicable 30-day period under 
     subsection (d)(2), issue a permit for the importation of any 
     polar bear part (other than an internal organ) from a polar 
     bear taken in a sport hunt in Canada to any person--
       ``(I) who submits, with the permit application, proof that 
     the polar bear was legally harvested by the person before 
     February 18, 1997; or
       ``(II) who has submitted, in support of a permit 
     application submitted before May 15, 2008, proof that the 
     polar bear was legally harvested by the person before May 15, 
     2008, from a polar bear population from which a sport-hunted 
     trophy could be imported before that date in accordance with 
     section 18.30(i) of title 50, Code of Federal Regulations.
       ``(ii) The Secretary shall issue permits under clause 
     (i)(I) without regard to subparagraphs (A) and (C)(ii) of 
     this paragraph, subsection (d)(3), and sections 101 and 102. 
     Sections 101(a)(3)(B) and 102(b)(3) shall not apply to the 
     importation of any polar bear part authorized by a permit 
     issued under clause (i)(I). This clause shall not apply to 
     polar bear parts that were imported before June 12, 1997.
       ``(iii) The Secretary shall issue permits under clause 
     (i)(II) without regard to subparagraph (C)(ii) of this 
     paragraph or subsection (d)(3). Sections 101(a)(3)(B) and 
     102(b)(3) shall not apply to the importation of any polar 
     bear part authorized by a permit issued under clause (i)(II). 
     This clause shall not apply to polar bear parts that were 
     imported before the date of enactment of the Sportsmen's Act 
     of 2012.''.

     SEC. 3613. TRANSPORTING BOWS THROUGH NATIONAL PARKS.

       (a) Findings.--Congress finds that--
       (1) bowhunters are known worldwide as among the most 
     skilled, ethical, and conservation-minded of all hunters;
       (2) bowhunting organizations at the Federal, State, and 
     local level contribute significant financial and human 
     resources to wildlife conservation and youth education 
     programs throughout the United States; and
       (3) bowhunting contributes $38,000,000,000 each year to the 
     economy of the United States.
       (b) Possession of Bows in Units of National Park System or 
     National Wildlife Refuge System.--
       (1) In general.--Subject to paragraph (2), the Secretary of 
     the Interior shall permit individuals carrying bows and 
     crossbows to traverse national park land if the traverse is--
       (A) for the sole purpose of hunting on adjacent public or 
     private land; and
       (B) the most direct means of access to the adjacent land.
       (2) Use.--Nothing in this section authorizes the use of the 
     bows or crossbows that are being carried while on national 
     park land.

       PART II--TARGET PRACTICE AND MARKSMANSHIP TRAINING SUPPORT

     SEC. 3621. TARGET PRACTICE AND MARKSMANSHIP TRAINING.

       This part may be cited as the ``Target Practice and 
     Marksmanship Training Support Act''.

     SEC. 3622. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) in recent years preceding the date of enactment of this 
     Act, portions of Federal land have been closed to target 
     practice and marksmanship training for many reasons;
       (2) the availability of public target ranges on non-Federal 
     land has been declining for a variety of reasons, including 
     continued population growth and development near former 
     ranges;
       (3) providing opportunities for target practice and 
     marksmanship training at public target ranges on Federal and 
     non-Federal land can help--
       (A) to promote enjoyment of shooting, recreational, and 
     hunting activities; and
       (B) to ensure safe and convenient locations for those 
     activities;
       (4) Federal law in effect on the date of enactment of this 
     Act, including the Pittman-Robertson Wildlife Restoration Act 
     (16

[[Page S7261]]

     U.S.C. 669 et seq.), provides Federal support for 
     construction and expansion of public target ranges by making 
     available to States amounts that may be used for 
     construction, operation, and maintenance of public target 
     ranges; and
       (5) it is in the public interest to provide increased 
     Federal support to facilitate the construction or expansion 
     of public target ranges.
       (b) Purpose.--The purpose of this part is to facilitate the 
     construction and expansion of public target ranges, including 
     ranges on Federal land managed by the Forest Service and the 
     Bureau of Land Management.

     SEC. 3623. DEFINITION OF PUBLIC TARGET RANGE.

       In this part, the term ``public target range'' means a 
     specific location that--
       (1) is identified by a governmental agency for recreational 
     shooting;
       (2) is open to the public;
       (3) may be supervised; and
       (4) may accommodate archery or rifle, pistol, or shotgun 
     shooting.

     SEC. 3624. AMENDMENTS TO PITTMAN-ROBERTSON WILDLIFE 
                   RESTORATION ACT.

       (a) Definitions.--Section 2 of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a) is amended--
       (1) by redesignating paragraphs (2) through (8) as 
     paragraphs (3) through (9), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the term `public target range' means a specific 
     location that--
       ``(A) is identified by a governmental agency for 
     recreational shooting;
       ``(B) is open to the public;
       ``(C) may be supervised; and
       ``(D) may accommodate archery or rifle, pistol, or shotgun 
     shooting;''.
       (b) Expenditures for Management of Wildlife Areas and 
     Resources.--Section 8(b) of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669g(b)) is amended--
       (1) by striking ``(b) Each State'' and inserting the 
     following:
       ``(b) Expenditures for Management of Wildlife Areas and 
     Resources.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each State'';
       (2) in paragraph (1) (as so designated), by striking 
     ``construction, operation,'' and inserting ``operation'';
       (3) in the second sentence, by striking ``The non-Federal 
     share'' and inserting the following:
       ``(3) Non-federal share.--The non-Federal share'';
       (4) in the third sentence, by striking ``The Secretary'' 
     and inserting the following:
       ``(4) Regulations.--The Secretary''; and
       (5) by inserting after paragraph (1) (as designated by 
     paragraph (1) of this subsection) the following:
       ``(2) Exception.--Notwithstanding the limitation described 
     in paragraph (1), a State may use the funds apportioned to 
     the State under section 4(d) to pay up to 90 percent of the 
     cost of acquiring land for, expanding, or constructing a 
     public target range.''.
       (c) Firearm and Bow Hunter Education and Safety Program 
     Grants.--Section 10 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669h-1) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Allocation of additional amounts.--Of the amount 
     apportioned to a State for any fiscal year under section 
     4(b), the State may elect to allocate not more than 10 
     percent, to be combined with the amount apportioned to the 
     State under paragraph (1) for that fiscal year, for acquiring 
     land for, expanding, or constructing a public target 
     range.'';
       (2) by striking subsection (b) and inserting the following:
       ``(b) Cost Sharing.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Federal share of the cost of any activity carried out using a 
     grant under this section shall not exceed 75 percent of the 
     total cost of the activity.
       ``(2) Public target range construction or expansion.--The 
     Federal share of the cost of acquiring land for, expanding, 
     or constructing a public target range in a State on Federal 
     or non-Federal land pursuant to this section or section 8(b) 
     shall not exceed 90 percent of the cost of the activity.''; 
     and
       (3) in subsection (c)(1)--
       (A) by striking ``Amounts made'' and inserting the 
     following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     amounts made''; and
       (B) by adding at the end the following:
       ``(B) Exception.--Amounts provided for acquiring land for, 
     constructing, or expanding a public target range shall remain 
     available for expenditure and obligation during the 5-fiscal-
     year period beginning on October 1 of the first fiscal year 
     for which the amounts are made available.''.
       (d) Technical and Conforming Amendments to the Pittman-
     Robertson Wildlife Restoration Act.--
       (1) Technical amendments.--Section 4 of the Pittman-
     Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
     amended--
       (A) by redesignating subsection (d) as subsection (e); and
       (B) by striking ``(c) Apportionment'' and inserting ``(d) 
     Apportionment''.
       (2) Conforming amendments.--
       (A) Definitions.--Section 2(6) of the Pittman-Robertson 
     Wildlife Restoration Act (16 U.S.C. 669a(6)) is amended by 
     striking ``section 4(d)'' and inserting ``section 4(e)''.
       (B) Authorization of appropriations.--Section 3(c)(2) of 
     the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 
     669b(c)(2)) is amended by striking ``sections 4(d) and (e)'' 
     and inserting ``section 4(e)''.

     SEC. 3625. SENSE OF CONGRESS REGARDING COOPERATION.

       It is the sense of Congress that, consistent with 
     applicable laws (including regulations), the Chief of the 
     Forest Service and the Director of the Bureau of Land 
     Management should cooperate with State and local authorities 
     and other entities to implement best practices for waste 
     management and removal and carry out other related activities 
     on any Federal land used as a public target range to 
     encourage continued use of that land for target practice or 
     marksmanship training.

                           PART III--FISHING

     SEC. 3631. MODIFICATION OF DEFINITION OF TOXIC SUBSTANCE TO 
                   EXCLUDE SPORT FISHING EQUIPMENT.

       (a) In General.--Section 3(2)(B) of the Toxic Substances 
     Control Act (15 U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any component of any such article when included in the 
     article including, without limitation, shot, bullets and 
     other projectiles, propellants, and primers,'';
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in section 4162(a) of the Internal Revenue Code of 
     1986, without regard to paragraphs (6) through (9) thereof) 
     the sale of which is subject to the tax imposed by section 
     4161(a) of such Code (determined without regard to any 
     exemptions from such tax as provided by section 4162 or 4221 
     or any other provision of such Code), and sport fishing 
     equipment components.''.
       (b) Relationship to Other Law.--Nothing in this section or 
     any amendment made by this section affects or limits the 
     application of or obligation to comply with any other 
     Federal, State or local law.

                   Subtitle B--National Fish Habitat

                     PART I--NATIONAL FISH HABITAT

     SEC. 3641. DEFINITIONS.

       In this part:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Environment and Public Works of the 
     Senate; and
       (B) the Committee on Natural Resources of the House of 
     Representatives.
       (2) Aquatic habitat.--
       (A) In general.--The term ``aquatic habitat'' means any 
     area on which an aquatic organism depends, directly or 
     indirectly, to carry out the life processes of the organism, 
     including an area used by the organism for spawning, 
     incubation, nursery, rearing, growth to maturity, food 
     supply, or migration.
       (B) Inclusions.--The term ``aquatic habitat'' includes an 
     area adjacent to an aquatic environment, if the adjacent 
     area--
       (i) contributes an element, such as the input of detrital 
     material or the promotion of a planktonic or insect 
     population providing food, that makes fish life possible;
       (ii) protects the quality and quantity of water sources;
       (iii) provides public access for the use of fishery 
     resources; or
       (iv) serves as a buffer protecting the aquatic environment.
       (3) Assistant administrator.--The term ``Assistant 
     Administrator'' means the Assistant Administrator for 
     Fisheries of the National Oceanic and Atmospheric 
     Administration.
       (4) Board.--The term ``Board'' means the National Fish 
     Habitat Board established by section 3642(a)(1).
       (5) Conservation; conserve; manage; management.--The terms 
     ``conservation'', ``conserve'', ``manage'', and 
     ``management'' mean to protect, sustain, and, where 
     appropriate, restore and enhance, using methods and 
     procedures associated with modern scientific resource 
     programs (including protection, research, census, law 
     enforcement, habitat management, propagation, live trapping 
     and transplantation, and regulated taking)--
       (A) a healthy population of fish, wildlife, or plant life;
       (B) a habitat required to sustain fish, wildlife, or plant 
     life; or
       (C) a habitat required to sustain fish, wildlife, or plant 
     life productivity.
       (6) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (7) Fish.--
       (A) In general.--The term ``fish'' means any freshwater, 
     diadromous, estuarine, or marine finfish or shellfish.
       (B) Inclusions.--The term ``fish'' includes the egg, spawn, 
     spat, larval, and other juvenile stages of an organism 
     described in subparagraph (A).
       (8) Fish habitat conservation project.--
       (A) In general.--The term ``fish habitat conservation 
     project'' means a project that--
       (i) is submitted to the Board by a Partnership and approved 
     by the Secretary under section 3644; and
       (ii) provides for the conservation or management of an 
     aquatic habitat.
       (B) Inclusions.--The term ``fish habitat conservation 
     project'' includes--
       (i) the provision of technical assistance to a State, 
     Indian tribe, or local community by

[[Page S7262]]

     the National Fish Habitat Conservation Partnership Office or 
     any other agency to facilitate the development of strategies 
     and priorities for the conservation of aquatic habitats; or
       (ii) the obtaining of a real property interest in land or 
     water, including water rights, in accordance with terms and 
     conditions that ensure that the real property will be 
     administered for the long-term conservation of--

       (I) the land or water; and
       (II) the fish dependent on the land or water.

       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (10) National fish habitat action plan.--The term 
     ``National Fish Habitat Action Plan'' means the National Fish 
     Habitat Action Plan dated April 24, 2006, and any subsequent 
     revisions or amendments to that plan.
       (11) Partnership.--The term ``Partnership'' means an entity 
     designated by the Board as a Fish Habitat Conservation 
     Partnership pursuant to section 3643(a).
       (12) Real property interest.--The term ``real property 
     interest'' means an ownership interest in--
       (A) land;
       (B) water (including water rights); or
       (C) a building or object that is permanently affixed to 
     land.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State agency.--The term ``State agency'' means--
       (A) the fish and wildlife agency of a State;
       (B) any department or division of a department or agency of 
     a State that manages in the public trust the inland or marine 
     fishery resources or the habitat for those fishery resources 
     of the State pursuant to State law or the constitution of the 
     State; or
       (C) the fish and wildlife agency of the Commonwealth of 
     Puerto Rico, Guam, the Virgin Islands, or any other territory 
     or possession of the United States.

     SEC. 3642. NATIONAL FISH HABITAT BOARD.

       (a) Establishment.--
       (1) In general.--There is established a board, to be known 
     as the ``National Fish Habitat Board''--
       (A) to promote, oversee, and coordinate the implementation 
     of this part and the National Fish Habitat Action Plan;
       (B) to establish national goals and priorities for aquatic 
     habitat conservation;
       (C) to designate Partnerships; and
       (D) to review and make recommendations regarding fish 
     habitat conservation projects.
       (2) Membership.--The Board shall be composed of 27 members, 
     of whom--
       (A) 1 shall be the Director;
       (B) 1 shall be the Assistant Administrator;
       (C) 1 shall be the Chief of the Natural Resources 
     Conservation Service;
       (D) 1 shall be the Chief of the Forest Service;
       (E) 1 shall be the Assistant Administrator for Water of the 
     Environmental Protection Agency;
       (F) 1 shall be the President of the Association of Fish and 
     Wildlife Agencies;
       (G) 1 shall be the Secretary of the Board of Directors of 
     the National Fish and Wildlife Foundation appointed pursuant 
     to section 3(g)(2)(B) of the National Fish and Wildlife 
     Foundation Establishment Act (16 U.S.C. 3702(g)(2)(B));
       (H) 4 shall be representatives of State agencies, 1 of whom 
     shall be nominated by a regional association of fish and 
     wildlife agencies from each of the Northeast, Southeast, 
     Midwest, and Western regions of the United States;
       (I) 1 shall be a representative of the American Fisheries 
     Society;
       (J) 2 shall be representatives of Indian tribes, of whom--
       (i) 1 shall represent Indian tribes from the State of 
     Alaska; and
       (ii) 1 shall represent Indian tribes from the other States;
       (K) 1 shall be a representative of the Regional Fishery 
     Management Councils established under section 302 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852);
       (L) 1 shall be a representative of the Marine Fisheries 
     Commissions, which is composed of--
       (i) the Atlantic States Marine Fisheries Commission;
       (ii) the Gulf States Marine Fisheries Commission; and
       (iii) the Pacific States Marine Fisheries Commission;
       (M) 1 shall be a representative of the Sportfishing and 
     Boating Partnership Council; and
       (N) 10 shall be representatives selected from each of the 
     following groups:
       (i) The recreational sportfishing industry.
       (ii) The commercial fishing industry.
       (iii) Marine recreational anglers.
       (iv) Freshwater recreational anglers.
       (v) Terrestrial resource conservation organizations.
       (vi) Aquatic resource conservation organizations.
       (vii) The livestock and poultry production industry.
       (viii) The land development industry.
       (ix) The row crop industry.
       (x) Natural resource commodity interests, such as petroleum 
     or mineral extraction.
       (3) Compensation.--A member of the Board shall serve 
     without compensation.
       (4) Travel expenses.--A member of the Board shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (b) Appointment and Terms.--
       (1) In general.--Except as otherwise provided in this 
     subsection, a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) shall 
     serve for a term of 3 years.
       (2) Initial board membership.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the representatives of the board 
     established by the National Fish Habitat Action Plan shall 
     appoint the initial members of the Board described in 
     subparagraphs (H) through (I) and (K) through (N) of 
     subsection (a)(2).
       (B) Tribal representatives.--Not later than 180 days after 
     the enactment of this Act, the Secretary shall provide to the 
     board established by the National Fish Habitat Action Plan a 
     recommendation of not less than 4 tribal representatives, 
     from which that board shall appoint 2 representatives 
     pursuant to subparagraph (J) of subsection (a)(2).
       (3) Transitional terms.--Of the members described in 
     subsection (a)(2)(N) initially appointed to the Board--
       (A) 4 shall be appointed for a term of 1 year;
       (B) 4 shall be appointed for a term of 2 years; and
       (C) 3 shall be appointed for a term of 3 years.
       (4) Vacancies.--
       (A) In general.--A vacancy of a member of the Board 
     described in any of subparagraphs (H) through (I) or (K) 
     through (N) of subsection (a)(2) shall be filled by an 
     appointment made by the remaining members of the Board.
       (B) Tribal representatives.--Following a vacancy of a 
     member of the Board described in subparagraph (J) of 
     subsection (a)(2), the Secretary shall recommend to the Board 
     not less than 4 tribal representatives, from which the 
     remaining members of the Board shall appoint a representative 
     to fill the vacancy.
       (5) Continuation of service.--An individual whose term of 
     service as a member of the Board expires may continue to 
     serve on the Board until a successor is appointed.
       (6) Removal.--If a member of the Board described in any of 
     subparagraphs (H) through (N) of subsection (a)(2) misses 3 
     consecutive regularly scheduled Board meetings, the members 
     of the Board may--
       (A) vote to remove that member; and
       (B) appoint another individual in accordance with paragraph 
     (4).
       (c) Chairperson.--
       (1) In general.--The Board shall elect a member of the 
     Board to serve as Chairperson of the Board.
       (2) Term.--The Chairperson of the Board shall serve for a 
     term of 3 years.
       (d) Meetings.--
       (1) In general.--The Board shall meet--
       (A) at the call of the Chairperson; but
       (B) not less frequently than twice each calendar year.
       (2) Public access.--All meetings of the Board shall be open 
     to the public.
       (e) Procedures.--
       (1) In general.--The Board shall establish procedures to 
     carry out the business of the Board, including--
       (A) a requirement that a quorum of the members of the Board 
     be present to transact business;
       (B) a requirement that no recommendations may be adopted by 
     the Board, except by the vote of \2/3\ of all members present 
     and voting;
       (C) procedures for establishing national goals and 
     priorities for aquatic habitat conservation for the purposes 
     of this part;
       (D) procedures for designating Partnerships under section 
     3643; and
       (E) procedures for reviewing, evaluating, and making 
     recommendations regarding fish habitat conservation projects.
       (2) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.

     SEC. 3643. FISH HABITAT PARTNERSHIPS.

       (a) Authority To Designate.--The Board may designate Fish 
     Habitat Partnerships in accordance with this section.
       (b) Purposes.--The purposes of a Partnership shall be--
       (1) to coordinate the implementation of the National Fish 
     Habitat Action Plan at a regional level;
       (2) to identify strategic priorities for fish habitat 
     conservation;
       (3) to recommend to the Board fish habitat conservation 
     projects that address a strategic priority of the Board; and
       (4) to develop and carry out fish habitat conservation 
     projects.
       (c) Applications.--An entity seeking to be designated as a 
     Partnership shall submit to the Board an application at such 
     time, in such manner, and containing such information as the 
     Board may reasonably require.
       (d) Approval.--The Board may approve an application for a 
     Partnership submitted under subsection (c) if the Board 
     determines that the applicant--
       (1) includes representatives of a diverse group of public 
     and private partners, including Federal, State, or local 
     governments, nonprofit entities, Indian tribes, and private 
     individuals, that are focused on conservation of aquatic 
     habitats to achieve results across

[[Page S7263]]

     jurisdictional boundaries on public and private land;
       (2) is organized to promote the health of important aquatic 
     habitats and distinct geographical areas, keystone fish 
     species, or system types, including reservoirs, natural 
     lakes, coastal and marine environments, and estuaries;
       (3) identifies strategic fish and aquatic habitat 
     priorities for the Partnership area in the form of 
     geographical focus areas or key stressors or impairments to 
     facilitate strategic planning and decisionmaking;
       (4) is able to address issues and priorities on a 
     nationally significant scale;
       (5) includes a governance structure that--
       (A) reflects the range of all partners; and
       (B) promotes joint strategic planning and decisionmaking by 
     the applicant;
       (6) demonstrates completion of, or significant progress 
     toward the development of, a strategic plan to address the 
     causes of system decline in fish populations, rather than 
     simply treating symptoms in accordance with the National Fish 
     Habitat Action Plan; and
       (7) ensures collaboration in developing a strategic vision 
     and implementation program that is scientifically sound and 
     achievable.

     SEC. 3644. FISH HABITAT CONSERVATION PROJECTS.

       (a) Submission to Board.--Not later than March 31 of each 
     calendar year, each Partnership shall submit to the Board a 
     list of fish habitat conservation projects recommended by the 
     Partnership for annual funding under this part.
       (b) Recommendations by Board.--Not later than July 1 of 
     each calendar year, the Board shall submit to the Secretary a 
     description, including estimated costs, of each fish habitat 
     conservation project that the Board recommends that the 
     Secretary approve and fund under this part, in order of 
     priority, for the following fiscal year.
       (c) Considerations.--The Board shall select each fish 
     habitat conservation project to be recommended to the 
     Secretary under subsection (b)--
       (1) based on a recommendation of the Partnership that is, 
     or will be, participating actively in carrying out the fish 
     habitat conservation project; and
       (2) after taking into consideration--
       (A) the extent to which the fish habitat conservation 
     project fulfills a purpose of this part or a goal of the 
     National Fish Habitat Action Plan;
       (B) the extent to which the fish habitat conservation 
     project addresses the national priorities established by the 
     Board;
       (C) the availability of sufficient non-Federal funds to 
     match Federal contributions for the fish habitat conservation 
     project, as required by subsection (e);
       (D) the extent to which the fish habitat conservation 
     project--
       (i) increases fishing opportunities for the public;
       (ii) will be carried out through a cooperative agreement 
     among Federal, State, and local governments, Indian tribes, 
     and private entities;
       (iii) increases public access to land or water;
       (iv) advances the conservation of fish and wildlife species 
     that are listed, or are candidates to be listed, as 
     threatened species or endangered species under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (v) where appropriate, advances the conservation of fish 
     and fish habitats under the Magnuson-Stevens Act (16 U.S.C. 
     1801 et seq.) and other relevant Federal law and State 
     wildlife action plans; and
       (vi) promotes resilience such that desired biological 
     communities are able to persist and adapt to environmental 
     stressors such as climate change; and
       (E) the substantiality of the character and design of the 
     fish habitat conservation project.
       (d) Limitations.--
       (1) Requirements for evaluation.--No fish habitat 
     conservation project may be recommended by the Board under 
     subsection (b) or provided financial assistance under this 
     part unless the fish habitat conservation project includes an 
     evaluation plan designed--
       (A) to appropriately assess the biological, ecological, or 
     other results of the habitat protection, restoration, or 
     enhancement activities carried out using the assistance;
       (B) to reflect appropriate changes to the fish habitat 
     conservation project if the assessment substantiates that the 
     fish habitat conservation project objectives are not being 
     met; and
       (C) to require the submission to the Board of a report 
     describing the findings of the assessment.
       (2) Acquisition of real property interests.--
       (A) In general.--No fish habitat conservation project that 
     will result in the acquisition by the State, local 
     government, or other non-Federal entity, in whole or in part, 
     of any real property interest may be recommended by the Board 
     under subsection (b) or provided financial assistance under 
     this part unless the project meets the requirements of 
     subparagraph (B).
       (B) Requirements.--
       (i) In general.--A real property interest may not be 
     acquired pursuant to a fish habitat conservation project by a 
     State, public agency, or other non-Federal entity unless the 
     State, agency, or other non-Federal entity is obligated to 
     undertake the management of the property being acquired in 
     accordance with the purposes of this part.
       (ii) Additional conditions.--Any real property interest 
     acquired by a State, local government, or other non-Federal 
     entity pursuant to a fish habitat conservation project shall 
     be subject to terms and conditions that ensure that the 
     interest will be administered for the long-term conservation 
     and management of the aquatic ecosystem and the fish and 
     wildlife dependent on that ecosystem.
       (e) Non-Federal Contributions.--
       (1) In general.--Except as provided in paragraph (2), no 
     fish habitat conservation project may be recommended by the 
     Board under subsection (b) or provided financial assistance 
     under this part unless at least 50 percent of the cost of the 
     fish habitat conservation project will be funded with non-
     Federal funds.
       (2) Projects on federal land or water.--Notwithstanding 
     paragraph (1), Federal funds may be used for payment of 100 
     percent of the costs of a fish habitat conservation project 
     located on Federal land or water.
       (3) Non-federal share.--The non-Federal share of the cost 
     of a fish habitat conservation project--
       (A) may not be derived from a Federal grant program; but
       (B) may include in-kind contributions and cash.
       (4) Special rule for indian tribes.--Notwithstanding 
     paragraph (1) or any other provision of law, any funds made 
     available to an Indian tribe pursuant to this part may be 
     considered to be non-Federal funds for the purpose of 
     paragraph (1).
       (f) Approval.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the recommendations of the Board for fish habitat 
     conservation projects under subsection (b), and based, to the 
     maximum extent practicable, on the criteria described in 
     subsection (c)--
       (A) the Secretary shall approve, reject, or reorder the 
     priority of any fish habitat conservation project recommended 
     by the Board that is not within a marine or estuarine 
     habitat; and
       (B) the Secretary and the Secretary of Commerce shall 
     jointly approve, reject, or reorder the priority of any fish 
     habitat conservation project recommended by the Board that is 
     within a marine or estuarine habitat.
       (2) Funding.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, approves a fish habitat 
     conservation project under paragraph (1), the Secretary, or 
     the Secretary and the Secretary of Commerce jointly, shall 
     use amounts made available to carry out this part to provide 
     funds to carry out the fish habitat conservation project.
       (3) Notification.--If the Secretary, or the Secretary and 
     the Secretary of Commerce jointly, rejects or reorders the 
     priority of any fish habitat conservation project recommended 
     by the Board under subsection (b), the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, shall 
     provide to the Board and the appropriate Partnership a 
     written statement of the reasons that the Secretary, or the 
     Secretary and the Secretary of Commerce jointly, rejected or 
     modified the priority of the fish habitat conservation 
     project.
       (4) Limitation.--If the Secretary, or the Secretary and the 
     Secretary of Commerce jointly, has not approved, rejected, or 
     reordered the priority of the recommendations of the Board 
     for fish habitat conservation projects by the date that is 
     180 days after the date of receipt of the recommendations, 
     the recommendations shall be considered to be approved.

     SEC. 3645. NATIONAL FISH HABITAT CONSERVATION PARTNERSHIP 
                   OFFICE.

       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director shall establish an 
     office, to be known as the ``National Fish Habitat 
     Conservation Partnership Office'', within the United States 
     Fish and Wildlife Service.
       (b) Functions.--The National Fish Habitat Conservation 
     Partnership Office shall--
       (1) provide funding to support the detail of State and 
     tribal fish and wildlife staff to the Office;
       (2) facilitate the cooperative development and approval of 
     Partnerships;
       (3) assist the Secretary and the Board in carrying out this 
     part;
       (4) assist the Secretary in carrying out the requirements 
     of sections 3646 and 3648;
       (5) facilitate communication, cohesiveness, and efficient 
     operations for the benefit of Partnerships and the Board;
       (6) facilitate, with assistance from the Director, the 
     Assistant Administrator, and the President of the Association 
     of Fish and Wildlife Agencies, the consideration of fish 
     habitat conservation projects by the Board;
       (7) provide support to the Director regarding the 
     development and implementation of the interagency operational 
     plan under subsection (c);
       (8) coordinate technical and scientific reporting as 
     required by section 3649;
       (9) facilitate the efficient use of resources and 
     activities of Federal departments and agencies to carry out 
     this part in an efficient manner; and
       (10) provide support to the Board for national 
     communication and outreach efforts that promote public 
     awareness of fish habitat conservation.
       (c) Interagency Operational Plan.--Not later than 1 year 
     after the date of enactment of this Act, and every 5 years 
     thereafter, the Director, in cooperation with the Assistant

[[Page S7264]]

     Administrator and the heads of other appropriate Federal 
     departments and agencies, shall develop an interagency 
     operational plan for the National Fish Habitat Conservation 
     Partnership Office that describes--
       (1) the functional, operational, technical, scientific, and 
     general staff, administrative, and material needs of the 
     Office; and
       (2) any interagency agreements between or among Federal 
     departments and agencies to address those needs.
       (d) Staff and Support.--
       (1) Departments of interior and commerce.--The Director and 
     the Assistant Administrator shall each provide appropriate 
     staff to support the National Fish Habitat Conservation 
     Partnership Office, subject to the availability of funds 
     under section 3653.
       (2) States and indian tribes.--Each State and Indian tribe 
     is encouraged to provide staff to support the National Fish 
     Habitat Conservation Partnership Office.
       (3) Detailees and contractors.--The National Fish Habitat 
     Conservation Partnership Office may accept staff or other 
     administrative support from other entities--
       (A) through interagency details; or
       (B) as contractors.
       (4) Qualifications.--The staff of the National Fish Habitat 
     Conservation Partnership Office shall include members with 
     education and experience relating to the principles of fish, 
     wildlife, and aquatic habitat conservation.
       (5) Waiver of requirement.--The Secretary may waive all or 
     part of the non-Federal contribution requirement under 
     section 3644(e)(1) if the Secretary determines that--
       (A) no reasonable means are available through which the 
     affected applicant can meet the requirement; and
       (B) the probable benefit of the relevant fish habitat 
     conservation project outweighs the public interest in meeting 
     the requirement.
       (e) Reports.--Not less frequently than once each year, the 
     Director shall provide to the Board a report describing the 
     activities of the National Fish Habitat Conservation 
     Partnership Office.

     SEC. 3646. TECHNICAL AND SCIENTIFIC ASSISTANCE.

       (a) In General.--The Director, the Assistant Administrator, 
     and the Director of the United States Geological Survey, in 
     coordination with the Forest Service and other appropriate 
     Federal departments and agencies, shall provide scientific 
     and technical assistance to the Partnerships, participants in 
     fish habitat conservation projects, and the Board.
       (b) Inclusions.--Scientific and technical assistance 
     provided pursuant to subsection (a) may include--
       (1) providing technical and scientific assistance to 
     States, Indian tribes, regions, local communities, and 
     nongovernmental organizations in the development and 
     implementation of Partnerships;
       (2) providing technical and scientific assistance to 
     Partnerships for habitat assessment, strategic planning, and 
     prioritization;
       (3) supporting the development and implementation of fish 
     habitat conservation projects that are identified as high 
     priorities by Partnerships and the Board;
       (4) supporting and providing recommendations regarding the 
     development of science-based monitoring and assessment 
     approaches for implementation through Partnerships;
       (5) supporting and providing recommendations for a national 
     fish habitat assessment; and
       (6) ensuring the availability of experts to conduct 
     scientifically based evaluation and reporting of the results 
     of fish habitat conservation projects.

     SEC. 3647. CONSERVATION OF AQUATIC HABITAT FOR FISH AND OTHER 
                   AQUATIC ORGANISMS ON FEDERAL LAND.

       To the extent consistent with the mission and authority of 
     the applicable department or agency, the head of each Federal 
     department and agency responsible for acquiring, managing, or 
     disposing of Federal land or water shall cooperate with the 
     Assistant Administrator and the Director to conserve the 
     aquatic habitats for fish and other aquatic organisms within 
     the land and water of the department or agency.

     SEC. 3648. COORDINATION WITH STATES AND INDIAN TRIBES.

       The Secretary shall provide a notice to, and coordinate 
     with, the appropriate State agency or tribal agency, as 
     applicable, of each State and Indian tribe within the 
     boundaries of which an activity is planned to be carried out 
     pursuant to this part by not later than 30 days before the 
     date on which the activity is implemented.

     SEC. 3649. ACCOUNTABILITY AND REPORTING.

       (a) Implementation Reports.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, the 
     Board shall submit to the appropriate congressional 
     committees a report describing the implementation of--
       (A) this part; and
       (B) the National Fish Habitat Action Plan.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the number of acres, stream miles, or 
     acre-feet (or other suitable measure) of aquatic habitat that 
     was protected, restored, or enhanced under the National Fish 
     Habitat Action Plan by Federal, State, or local governments, 
     Indian tribes, or other entities in the United States during 
     the 2-year period ending on the date of submission of the 
     report;
       (B) a description of the public access to aquatic habitats 
     protected, restored, or established under the National Fish 
     Habitat Action Plan during that 2-year period;
       (C) a description of the opportunities for public fishing 
     established under the National Fish Habitat Action Plan 
     during that period; and
       (D) an assessment of the status of fish habitat 
     conservation projects carried out with funds provided under 
     this part during that period, disaggregated by year, 
     including--
       (i) a description of the fish habitat conservation projects 
     recommended by the Board under section 3644(b);
       (ii) a description of each fish habitat conservation 
     project approved by the Secretary under section 3644(f), in 
     order of priority for funding;
       (iii) a justification for--

       (I) the approval of each fish habitat conservation project; 
     and
       (II) the order of priority for funding of each fish habitat 
     conservation project;

       (iv) a justification for any rejection or reordering of the 
     priority of each fish habitat conservation project 
     recommended by the Board under section 3644(b) that was based 
     on a factor other than the criteria described in section 
     3644(c); and
       (v) an accounting of expenditures by Federal, State, or 
     local governments, Indian tribes, or other entities to carry 
     out fish habitat conservation projects.
       (b) Status and Trends Report.--Not later than December 31, 
     2012, and every 5 years thereafter, the Board shall submit to 
     the appropriate congressional committees a report describing 
     the status of aquatic habitats in the United States.
       (c) Revisions.--Not later than December 31, 2013, and every 
     5 years thereafter, the Board shall revise the goals and 
     other elements of the National Fish Habitat Action Plan, 
     after consideration of each report required by subsection 
     (b).

     SEC. 3650. REGULATIONS.

       The Secretary may promulgate such regulations as the 
     Secretary determines to be necessary to carry out this part.

     SEC. 3651. EFFECT OF PART.

       (a) Water Rights.--Nothing in this part--
       (1) establishes any express or implied reserved water right 
     in the United States for any purpose;
       (2) affects any water right in existence on the date of 
     enactment of this Act;
       (3) preempts or affects any State water law or interstate 
     compact governing water; or
       (4) affects any Federal or State law in existence on the 
     date of enactment of the Act regarding water quality or water 
     quantity.
       (b) State Authority.--Nothing in this part--
       (1) affects the authority, jurisdiction, or responsibility 
     of a State to manage, control, or regulate fish and wildlife 
     under the laws and regulations of the State; or
       (2) authorizes the Secretary to control or regulate within 
     a State the fishing or hunting of fish and wildlife.
       (c) Effect on Indian Tribes.--Nothing in this part 
     abrogates, abridges, affects, modifies, supersedes, or alters 
     any right of an Indian tribe recognized by treaty or any 
     other means, including--
       (1) an agreement between the Indian tribe and the United 
     States;
       (2) Federal law (including regulations);
       (3) an Executive order; or
       (4) a judicial decree.
       (d) Adjudication of Water Rights.--Nothing in this part 
     diminishes or affects the ability of the Secretary to join an 
     adjudication of rights to the use of water pursuant to 
     subsection (a), (b), or (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666).
       (e) Effect on Other Authorities.--
       (1) Acquisition of land and water.--Nothing in this part 
     alters or otherwise affects the authorities, 
     responsibilities, obligations, or powers of the Secretary to 
     acquire land, water, or an interest in land or water under 
     any other provision of law.
       (2) Private property protection.--Nothing in this part 
     permits the use of funds made available to carry out this 
     part to acquire real property or a real property interest 
     without the written consent of each owner of the real 
     property or real property interest.
       (3) Mitigation.--Nothing in this part permits the use of 
     funds made available to carry out this part for fish and 
     wildlife mitigation purposes under--
       (A) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (B) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (C) the Water Resources Development Act of 1986 (Public Law 
     99-662; 100 Stat. 4082); or
       (D) any other Federal law or court settlement.

     SEC. 3652. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
                   ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to--
       (1) the Board; or
       (2) any Partnership.

     SEC. 3653. FUNDING.

       (a) Authorization of Appropriations.--
       (1) Fish habitat conservation projects.--There is 
     authorized to be appropriated to the Secretary $7,200,000 for 
     each of fiscal years 2012 through 2016 to provide funds for--
       (A) fish habitat conservation projects approved under 
     section 3644(f), of which 5 percent shall be made available 
     for each fiscal year for projects carried out by Indian 
     tribes; and

[[Page S7265]]

       (B) the operational needs of the Partnerships, including 
     funding for activities such as planning, project development 
     and implementation, coordination, monitoring, evaluation, 
     communication, and outreach.
       (2) National fish habitat conservation partnership 
     office.--
       (A) In general.--There is authorized to be appropriated to 
     the Secretary for each of fiscal years 2012 through 2016 for 
     the National Fish Habitat Conservation Partnership Office, 
     and to carry out section 3649, an amount equal to 5 percent 
     of the amount appropriated for the applicable fiscal year 
     pursuant to paragraph (1).
       (B) Required transfers.--The Secretary shall annually 
     transfer to other Federal departments and agencies such 
     percentage of the amounts made available pursuant to 
     subparagraph (A) as is required to support participation by 
     those departments and agencies in the National Fish Habitat 
     Conservation Partnership Office pursuant to the interagency 
     operational plan under section 3645(c).
       (3) Technical and scientific assistance.--There are 
     authorized to be appropriated for each of fiscal years 2012 
     through 2016 to carry out, and provide technical and 
     scientific assistance under, section 3646--
       (A) $500,000 to the Secretary for use by the United States 
     Fish and Wildlife Service;
       (B) $500,000 to the Assistant Administrator for use by the 
     National Oceanic and Atmospheric Administration; and
       (C) $500,000 to the Secretary for use by the United States 
     Geological Survey.
       (4) Planning and administrative expenses.--There is 
     authorized to be appropriated to the Secretary for each of 
     fiscal years 2012 through 2016 for use by the Board, the 
     Director, and the Assistant Administrator for planning and 
     administrative expenses an amount equal to 4 percent of the 
     amount appropriated for the applicable fiscal year pursuant 
     to paragraph (1).
       (b) Agreements and Grants.--The Secretary may--
       (1) on the recommendation of the Board, and notwithstanding 
     sections 6304 and 6305 of title 31, United States Code, and 
     the Federal Financial Assistance Management Improvement Act 
     of 1999 (31 U.S.C. 6101 note; Public Law 106-107), enter into 
     a grant agreement, cooperative agreement, or contract with a 
     Partnership or other entity for a fish habitat conservation 
     project or restoration or enhancement project;
       (2) apply for, accept, and use a grant from any individual 
     or entity to carry out the purposes of this part; and
       (3) make funds available to any Federal department or 
     agency for use by that department or agency to provide grants 
     for any fish habitat protection project, restoration project, 
     or enhancement project that the Secretary determines to be 
     consistent with this part.
       (c) Donations.--
       (1) In general.--The Secretary may--
       (A) enter into an agreement with any organization described 
     in section 501(c)(3) of the Internal Revenue Code of 1986 
     that is exempt from taxation under section 501(a) of that 
     Code to solicit private donations to carry out the purposes 
     of this part; and
       (B) accept donations of funds, property, and services to 
     carry out the purposes of this part.
       (2) Treatment.--A donation accepted under this section--
       (A) shall be considered to be a gift or bequest to, or 
     otherwise for the use of, the United States; and
       (B) may be--
       (i) used directly by the Secretary; or
       (ii) provided to another Federal department or agency 
     through an interagency agreement.

                          PART II--DUCK STAMPS

     SEC. 3661. FINDINGS.

       Congress finds that--
       (1) Federal Migratory Bird Hunting and Conservation Stamps 
     (commonly known as ``duck stamps'') were created in 1934 as 
     Federal licenses required for hunting migratory waterfowl;
       (2)(A) duck stamps are a vital tool for wetland 
     conservation;
       (B) 98 percent of the receipts from duck stamp sales are 
     used to acquire important migratory bird breeding, migration, 
     and wintering habitat, which are added to the National 
     Wildlife Refuge System; and
       (C) those benefits extend to all wildlife, not just ducks;
       (3) since inception, the Federal duck stamp program--
       (A) has generated more than $750,000,000;
       (B) has preserved more than 5,000,000 acres of wetland and 
     wildlife habitat; and
       (C) is considered among the most successful conservation 
     programs ever initiated;
       (4)(A) since 1934, when duck stamps cost $1, the price has 
     been increased 7 times to the price in effect on the date of 
     enactment of this Act of $15, which took effect in 1991; and
       (B) the price of the duck stamp has not increased since 
     1991, the longest single period without an increase in 
     program history; and
       (5) with the price unchanged during the 20-year period 
     ending on the date of enactment of this Act, duck stamps have 
     lost 40 percent of the value of the duck stamps based on the 
     consumer price index, while the United States Fish and 
     Wildlife Service reports the price of land in targeted 
     wetland areas has tripled from an average of $306 to $1,091 
     per acre.

     SEC. 3662. COST OF STAMPS.

       Section 2 of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718b) is amended by striking subsection 
     (b) and inserting the following:
       ``(b) Cost of Stamps.--
       ``(1) In general.--For the 3-calendar-year period beginning 
     with calendar year 2013, and for each 3-calendar-year period 
     thereafter, the Secretary, in consultation with the Migratory 
     Bird Conservation Commission, shall establish the amount to 
     be collected under paragraph (2) for each stamp sold under 
     this section.
       ``(2) Collection of amounts.--The United States Postal 
     Service, the Department of the Interior, or any other agent 
     approved by the Department of the Interior shall collect the 
     amount established under paragraph (1) for each stamp sold 
     under this section for a hunting year if the Secretary 
     determines, at any time before February 1 of the calendar 
     year during which the hunting year begins, that all amounts 
     described in paragraph (3) have been obligated for 
     expenditure.
       ``(3) Amounts.--The amounts described in this paragraph are 
     amounts in the Migratory Bird Conservation Fund that are 
     available for obligation and attributable to--
       ``(A) amounts appropriated pursuant to this Act for the 
     fiscal year ending in the immediately preceding calendar 
     year; and
       ``(B) the sale of stamps under this section during that 
     fiscal year.''.

     SEC. 3663. WAIVERS.

       Section 1(a) of the Migratory Bird Hunting and Conservation 
     Stamp Act (16 U.S.C. 718a(a)) is amended--
       (1) in paragraph (1), by inserting ``and subsection (d)'' 
     after ``paragraph (2)''; and
       (2) by adding at the end the following:
       ``(d) Waivers.--
       ``(1) In general.--The Secretary, in consultation with the 
     Migratory Bird Conservation Commission, may waive 
     requirements under this section for such individuals as the 
     Secretary, in consultation with the Migratory Bird 
     Conservation Commission, determines to be appropriate.
       ``(2) Limitation.--In making the determination described in 
     paragraph (1), the Secretary shall grant only those waivers 
     the Secretary determines will have a minimal adverse effect 
     on funds to be deposited in the Migratory Bird Conservation 
     Fund established under section 4(a)(3).''.

     SEC. 3664. PERMANENT ELECTRONIC DUCK STAMPS.

       (a) Definitions.--In this section:
       (1) Actual stamp.--The term ``actual stamp'' means a 
     Federal migratory-bird hunting and conservation stamp 
     required under the Act of March 16, 1934 (16 U.S.C. 718a et 
     seq.) (popularly known as the ``Duck Stamp Act''), that is 
     printed on paper and sold through the means established by 
     the authority of the Secretary immediately before the date of 
     enactment of this Act.
       (2) Automated licensing system.--
       (A) In general.--The term ``automated licensing system'' 
     means an electronic, computerized licensing system used by a 
     State fish and wildlife agency to issue hunting, fishing, and 
     other associated licenses and products.
       (B) Inclusion.--The term ``automated licensing system'' 
     includes a point-of-sale, Internet, telephonic system, or 
     other electronic applications used for a purpose described in 
     subparagraph (A).
       (3) Electronic stamp.--The term ``electronic stamp'' means 
     an electronic version of an actual stamp that--
       (A) is a unique identifier for the individual to whom it is 
     issued;
       (B) can be printed on paper or produced through an 
     electronic application with the same indicators as the State 
     endorsement provides;
       (C) is issued through a State automated licensing system 
     that is authorized, under State law and by the Secretary 
     under this section, to issue electronic stamps;
       (D) is compatible with the hunting licensing system of the 
     State that issues the electronic stamp; and
       (E) is described in the State application approved by the 
     Secretary under subsection (c).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Authority to Issue Electronic Duck Stamps.--
       (1) In general.--The Secretary may authorize any State to 
     issue electronic stamps in accordance with this section.
       (2) Consultation.--The Secretary shall implement this 
     subsection in consultation with State management agencies.
       (c) State Application.--
       (1) Approval of application required.--The Secretary may 
     not authorize a State to issue electronic stamps under this 
     section unless the Secretary has received and approved an 
     application submitted by the State in accordance with this 
     subsection.
       (2) Number of new states.--The Secretary may determine the 
     number of new States per year to participate in the 
     electronic stamp program.
       (3) Contents of application.--The Secretary may not approve 
     a State application unless the application contains--
       (A) a description of the format of the electronic stamp 
     that the State will issue under this section, including 
     identifying features of the licensee that will be specified 
     on the stamp;
       (B) a description of any fee the State will charge for 
     issuance of an electronic stamp;
       (C) a description of the process the State will use to 
     account for and transfer to the

[[Page S7266]]

     Secretary the amounts collected by the State that are 
     required to be transferred to the Secretary under the 
     program;
       (D) the manner by which the State will transmit electronic 
     stamp customer data to the Secretary;
       (E) the manner by which actual stamps will be delivered;
       (F) the policies and procedures under which the State will 
     issue duplicate electronic stamps; and
       (G) such other policies, procedures, and information as may 
     be reasonably required by the Secretary.
       (d) Publication of Deadlines, Eligibility Requirements, and 
     Selection Criteria.--Not later than 30 days before the date 
     on which the Secretary begins accepting applications under 
     this section, the Secretary shall publish--
       (1) deadlines for submission of applications;
       (2) eligibility requirements for submitting applications; 
     and
       (3) criteria for approving applications.
       (e) State Obligations and Authorities.--
       (1) Delivery of actual stamp.--The Secretary shall require 
     that each individual to whom a State sells an electronic 
     stamp under this section shall receive an actual stamp--
       (A) by not later than the date on which the electronic 
     stamp expires under subsection (f)(3); and
       (B) in a manner agreed on by the State and Secretary.
       (2) Collection and transfer of electronic stamp revenue and 
     customer information.--
       (A) Requirement to transmit.--The Secretary shall require 
     each State authorized to issue electronic stamps to collect 
     and submit to the Secretary in accordance with this 
     subsection--
       (i) the first name, last name, and complete mailing address 
     of each individual that purchases an electronic stamp from 
     the State;
       (ii) the face value amount of each electronic stamp sold by 
     the State; and
       (iii) the amount of the Federal portion of any fee required 
     by the agreement for each stamp sold.
       (B) Time of transmittal.--The Secretary shall require the 
     submission under subparagraph (A) to be made with respect to 
     sales of electronic stamps by a State according to the 
     written agreement between the Secretary and the State agency.
       (C) Additional fees not affected.--This subsection shall 
     not apply to the State portion of any fee collected by a 
     State under paragraph (3).
       (3) Electronic stamp issuance fee.--A State authorized to 
     issue electronic stamps may charge a reasonable fee to cover 
     costs incurred by the State and the Department of the 
     Interior in issuing electronic stamps under this section, 
     including costs of delivery of actual stamps.
       (4) Duplicate electronic stamps.--A State authorized to 
     issue electronic stamps may issue a duplicate electronic 
     stamp to replace an electronic stamp issued by the State that 
     is lost or damaged.
       (5) Limitation on authority to require purchase of state 
     license.--A State may not require that an individual purchase 
     a State hunting license as a condition of issuing an 
     electronic stamp under this section.
       (f) Electronic Stamp Requirements; Recognition of 
     Electronic Stamp.--
       (1) Stamp requirements.--The Secretary shall require an 
     electronic stamp issued by a State under this section--
       (A) to have the same format as any other license, 
     validation, or privilege the State issues under the automated 
     licensing system of the State; and
       (B) to specify identifying features of the licensee that 
     are adequate to enable Federal, State, and other law 
     enforcement officers to identify the holder.
       (2) Recognition of electronic stamp.--Any electronic stamp 
     issued by a State under this section shall, during the 
     effective period of the electronic stamp--
       (A) bestow on the licensee the same privileges as are 
     bestowed by an actual stamp;
       (B) be recognized nationally as a valid Federal migratory 
     bird hunting and conservation stamp; and
       (C) authorize the licensee to hunt migratory waterfowl in 
     any other State, in accordance with the laws of the other 
     State governing that hunting.
       (3) Duration.--An electronic stamp issued by a State shall 
     be valid for a period agreed to by the State and the 
     Secretary, which shall not exceed 45 days.
       (g) Termination of State Participation.--The authority of a 
     State to issue electronic stamps under this section may be 
     terminated--
       (1) by the Secretary, if the Secretary--
       (A) finds that the State has violated any of the terms of 
     the application of the State approved by the Secretary under 
     subsection (c); and
       (B) provides to the State written notice of the termination 
     by not later than the date that is 30 days before the date of 
     termination; or
       (2) by the State, by providing written notice to the 
     Secretary by not later than the date that is 30 days before 
     the termination date.

     PART III--JOINT VENTURES TO PROTECT MIGRATORY BIRD POPULATIONS

     SEC. 3671. PURPOSES.

       The purpose of this part is to authorize the Secretary of 
     the Interior, acting through the Director, to carry out a 
     partnership program called the ``Joint Ventures Program'', in 
     coordination with other Federal agencies with management 
     authority over fish and wildlife resources and the States, to 
     develop, implement, and support innovative, voluntary, 
     cooperative, and effective conservation strategies and 
     conservation actions--
       (1) to promote, primarily, sustainable populations of 
     migratory birds, and, secondarily, the fish and wildlife 
     species associated with their habitats;
       (2) to encourage stakeholder and government partnerships 
     consistent with the goals of protecting, improving, and 
     restoring habitat;
       (3) to establish, implement, and improve science-based 
     migratory bird conservation plans and promote and facilitate 
     broader landscape-level conservation of fish and wildlife 
     habitat; and
       (4) to support the goals and objectives of the North 
     American Waterfowl Management Plan and other relevant 
     national and regional, multipartner conservation initiatives, 
     treaties, conventions, agreements, or strategies entered into 
     by the United States, and implemented by the Secretary, that 
     promote the conservation of migratory birds and the habitats 
     of migratory birds.

     SEC. 3672. DEFINITIONS.

       In this part:
       (1) Conservation action.--The term ``conservation action'' 
     means activities that--
       (A) support the protection, restoration, adaptive 
     management, conservation, or enhancement of migratory bird 
     populations, their terrestrial, wetland, marine, or other 
     habitats, and other wildlife species supported by those 
     habitats, including--
       (i) biological and geospatial planning;
       (ii) landscape and conservation design;
       (iii) habitat protection, enhancement, and restoration;
       (iv) monitoring and tracking;
       (v) applied research; and
       (vi) public outreach and education; and
       (B) incorporate adaptive management and science-based 
     monitoring, where applicable, to improve outcomes and ensure 
     efficient and effective use of Federal funds.
       (2) Director.--The term ``Director'' means the Director of 
     the United States Fish and Wildlife Service.
       (3) Implementation plan.--The term ``Implementation Plan'' 
     means an Implementation Plan approved by the Director under 
     section 3672.
       (4) Indian tribe.--The term ``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).
       (5) Joint venture.--The term ``Joint Venture'' means a 
     self-directed, voluntary partnership, established and 
     conducted for the purposes described in section 3671 and in 
     accordance with section 3673.
       (6) Management board.--The term ``Management Board'' means 
     a Joint Venture Management Board established in accordance 
     with section 3673.
       (7) Migratory birds.--The term ``migratory birds'' means 
     those species included in the list of migratory birds that 
     appears in section 10.13 of title 50, Code of Federal 
     Regulations, under the authority of the Migratory Bird Treaty 
     Act.
       (8) Program.--The term ``Program'' means the Joint Ventures 
     Program conducted in accordance with this part.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (10) Service.--The term ``Service'' means the United States 
     Fish and Wildlife Service.
       (11) State.--The term ``State'' means--
       (A) any State of the United States, the District of 
     Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
     Islands, American Samoa, and the Commonwealth of the Northern 
     Mariana Islands; and
       (B) one or more agencies of a State government responsible 
     under State law for managing fish or wildlife resources.

     SEC. 3673. JOINT VENTURES PROGRAM.

       (a) In General.--The Secretary, acting through the 
     Director, shall carry out a Joint Ventures Program that--
       (1) provides financial and technical assistance to support 
     regional migratory bird conservation partnerships;
       (2) develops and implements plans to protect and enhance 
     migratory bird populations throughout their range, that are 
     focused on regional landscapes and habitats that support 
     those populations; and
       (3) complements and supports activities by the Secretary 
     and the Director to fulfill obligations under--
       (A) the Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
       (B) the Migratory Bird Conservation Act (16 U.S.C. 715 et 
     seq.);
       (C) the Neotropical Migratory Bird Conservation Act (16 
     U.S.C. 6101 et seq.);
       (D) the North American Wetlands Conservation Act (16 U.S.C. 
     4401 et seq.);
       (E) the Fish and Wildlife Conservation Act of 1980 (16 
     U.S.C. 2901 et seq.); and
       (F) the Partners for Fish and Wildlife Act (16 U.S.C. 3771 
     et seq.).
       (b) Coordination With States.--In the administration of the 
     program authorized under this section, the Director shall 
     coordinate and cooperate with the States to fulfill the 
     purposes of this part.

     SEC. 3674. ADMINISTRATION.

       (a) Partnership Agreements.--
       (1) In general.--The Director may enter into an agreement 
     with eligible partners to

[[Page S7267]]

     achieve the purposes described in section 3671.
       (2) Eligible partners.--The eligible partners referred to 
     in paragraph (1) are the following:
       (A) Federal and State agencies and Indian tribes.
       (B) Affected regional and local governments, private 
     landowners, land managers, and other private stakeholders.
       (C) Nongovernmental organizations with expertise in bird 
     conservation or fish and wildlife conservation or natural 
     resource and landscape management generally.
       (D) Other relevant stakeholders, as determined by the 
     Director.
       (b) Management Board.--
       (1) In general.--A partnership agreement for a Joint 
     Venture under this section shall establish a Management Board 
     in accordance with this subsection.
       (2) Membership.--The Management Board shall include a 
     diversity of members representing stakeholder interests from 
     the appropriate geographic region, including, as appropriate, 
     representatives from the Service and other Federal agencies 
     that have management authority over fish and wildlife 
     resources on public lands or in the marine environment, or 
     that implement programs that affect migratory bird habitats, 
     and representatives from the States, Indian tribes, and other 
     relevant stakeholders, and may include--
       (A) regional governments and Indian tribes;
       (B) academia or the scientific community;
       (C) nongovernmental landowners or land managers;
       (D) nonprofit conservation or other relevant organizations 
     with expertise in migratory bird conservation, or in fish and 
     wildlife conservation generally; and
       (E) private organizations with a dedicated interest in 
     conserving migratory birds and their habitats.
       (3) Functions and responsibilities.--Subject to applicable 
     Federal and State law, the Management Board shall--
       (A) appoint a coordinator for the Joint Venture in 
     consultation with the Director;
       (B) identify other full- or part-time administrative and 
     technical non-Federal employees necessary to perform the 
     functions of the Joint Venture and meet objectives specified 
     in the Implementation Plan; and
       (C) establish committees or other organizational entities 
     necessary to implement the Implementation Plan in accordance 
     with subsection (c).
       (4) Use of service and federal agency employees.--Subject 
     to the availability of appropriations and upon the request 
     from a Management Board, and after consultation with and 
     approval of the Director, the head of any Federal agency may 
     detail to the Management Board, on a reimbursable or 
     nonreimbursable basis, any agency personnel to assist the 
     Joint Venture in performing its functions under this part.
       (c) Implementation Plan.--
       (1) In general.--Each Joint Venture Management Board shall 
     develop and maintain an Implementation Plan that shall 
     contain, at a minimum, the following elements:
       (A) A strategic framework for migratory bird conservation.
       (B) Provisions for effective communication among member 
     participants within the Joint Venture.
       (C) A long-term strategy to conduct public outreach and 
     education regarding the purposes and activities of the Joint 
     Venture and activities to regularly communicate to the 
     general public information generated by the Joint Venture.
       (D) Coordination with laws and conservation plans that are 
     relevant to migratory birds, and other relevant regional, 
     national, or international initiatives identified by the 
     Director to conserve migratory birds, their habitats, 
     ecological functions, and associated populations of fish and 
     wildlife.
       (E) An organizational plan that--
       (i) identifies the representative membership of the 
     Management Board and includes procedures for updating the 
     membership of the Management Board as appropriate;
       (ii) describes the organizational structure of the Joint 
     Venture, including proposed committees and subcommittees, and 
     procedures for revising and updating the structure, as 
     necessary; and
       (iii) provides a strategy to increase stakeholder 
     participation or membership in the Joint Venture.
       (F) Procedures to coordinate the development, 
     implementation, oversight, monitoring, tracking, and 
     reporting of conservation actions approved by the Management 
     Board and an evaluation process to determine overall 
     effectiveness of activities undertaken by the Joint Venture.
       (2) Review.--A Joint Venture Implementation Plan shall be 
     submitted to the Director for approval.
       (3) Approval.--The Director shall approve an Implementation 
     Plan submitted by the Management Board for a Joint Venture if 
     the Director finds that--
       (A) implementation of the plan would promote the purposes 
     of this part described in section 3671;
       (B) the members of the Joint Venture have demonstrated the 
     capacity to implement conservation actions identified in the 
     Implementation Plan; and
       (C) the plan includes coordination with other relevant and 
     active conservation plans or programs within the geographic 
     scope of the Joint Venture.

     SEC. 3675. GRANTS AND OTHER ASSISTANCE.

       (a) In General.--Except as provided in subsection (b), and 
     subject to the availability of appropriations, the Director 
     may award financial assistance to implement a Joint Venture 
     through--
       (1) support of the activities of the Management Board of 
     the Joint Venture and to pay for necessary administrative 
     costs and services, personnel, and meetings, travel, and 
     other business activities; and
       (2) support for specific conservation actions and other 
     activities necessary to carry out the Implementation Plan.
       (b) Limitation.--A Joint Venture is not eligible for 
     assistance or support authorized in this section unless the 
     Joint Venture is operating under an Implementation Plan 
     approved by the Director under section 3674.
       (c) Technical Assistance.--The Secretary, through the 
     Director, may provide technical and administrative assistance 
     for implementation of Joint Ventures and the expenditure of 
     financial assistance under this subsection.
       (d) Acceptance and Use of Donations.--The Secretary, 
     through the Director, may accept and use donations of funds, 
     gifts, and in-kind contributions to provide assistance under 
     this section.

     SEC. 3676. REPORTING.

       (a) Annual Reports by Management Boards.--The Secretary, 
     acting through the Director, shall--
       (1) require each Management Board to submit annual reports 
     for all approved Joint Ventures of the Management Board; and
       (2) establish guidance for Joint Venture annual reports, 
     including contents and any necessary processes or procedures.
       (b) Joint Venture Program 5-Year Reviews.--
       (1) In general.--The Secretary, acting through the 
     Director, shall at 5 years after the date of enactment of 
     this Act and at 5-year intervals thereafter, complete an 
     objective and comprehensive review and evaluation of the 
     Program.
       (2) Review contents.--Each review under this subsection 
     shall include--
       (A) an evaluation of the effectiveness of the Program in 
     meeting the purpose of this part specified in section 3671;
       (B) an evaluation of all approved Implementation Plans, 
     especially the effectiveness of existing conservation 
     strategies, priorities, and methods to meet the objectives of 
     such plans and fulfill the purpose of this part; and
       (C) recommendations to revise the Program or to amend or 
     otherwise revise Implementation Plans to ensure that 
     activities undertaken pursuant to this part address the 
     effects of climate change on migratory bird populations and 
     their habitats, and fish and wildlife habitats, in general.
       (3) Consultation.--The Secretary, acting through the 
     Director, in the implementation of this subsection--
       (A) shall consult with other appropriate Federal agencies 
     with responsibility for the conservation or management of 
     fish and wildlife habitat and appropriate State agencies; and
       (B) may consult with appropriate, Indian tribes, Flyway 
     Councils, or regional conservation organizations, public and 
     private landowners, members of academia and the scientific 
     community, and other nonprofit conservation or private 
     stakeholders.
       (4) Public comment.--The Secretary, through the Director, 
     shall provide for adequate opportunities for general public 
     review and comment of the Program as part of the 5-year 
     evaluations conducted pursuant to this subsection.

     SEC. 3677. RELATIONSHIP TO OTHER AUTHORITIES.

       (a) Authorities, etc. of Secretary.--Nothing in this part 
     affects authorities, responsibilities, obligations, or powers 
     of the Secretary under any other Act.
       (b) State Authority.--Nothing in this part preempts any 
     provision or enforcement of a State statute or regulation 
     relating to the management of fish and wildlife resources 
     within such State.

     SEC. 3678. FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to any boards, committees, or other groups 
     established under this part.

                       PART IV--REAUTHORIZATIONS

     SEC. 3681. NORTH AMERICAN WETLANDS CONSERVATION ACT.

       Section 7(c)(5) of the North American Wetlands Conservation 
     Act (16 U.S.C. 4406(c)(5)) is amended by striking ``2012'' 
     and inserting ``2017''.

     SEC. 3682. PARTNERS FOR FISH AND WILDLIFE ACT.

       Section 5 of the Partners for Fish and Wildlife Act (16 
     U.S.C. 3774) is amended by striking ``2011'' and inserting 
     ``2017''.

     SEC. 3683. NATIONAL FISH AND WILDLIFE FOUNDATION 
                   REAUTHORIZATION.

       (a) Board of Directors of the Foundation.--
       (1) In general.--Section 3 of the National Fish and 
     Wildlife Foundation Establishment Act (16 U.S.C. 3702) is 
     amended--
       (A) in subsection (b)--
       (i) by striking paragraph (2) and inserting the following:
       ``(2) In general.--After consulting with the Secretary of 
     Commerce and considering the recommendations submitted by the 
     Board, the Secretary of the Interior shall appoint 28 
     Directors who, to the maximum extent practicable, shall--
       ``(A) be knowledgeable and experienced in matters relating 
     to conservation of fish, wildlife, or other natural 
     resources; and

[[Page S7268]]

       ``(B) represent a balance of expertise in ocean, coastal, 
     freshwater, and terrestrial resource conservation.''; and
       (ii) by striking paragraph (3) and inserting the following:
       ``(3) Terms.--Each Director (other than a Director 
     described in paragraph (1)) shall be appointed for a term of 
     6 years.''; and
       (B) in subsection (g)(2)--
       (i) in subparagraph (A), by striking ``(A) Officers and 
     employees may not be appointed until the Foundation has 
     sufficient funds to pay them for their service. Officers'' 
     and inserting the following:
       ``(A) In general.--Officers''; and
       (ii) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Executive director.--The Foundation shall have an 
     Executive Director who shall be--
       ``(i) appointed by, and serve at the direction of, the 
     Board as the chief executive officer of the Foundation; and
       ``(ii) knowledgeable and experienced in matters relating to 
     fish and wildlife conservation.''.
       (2) Conforming amendment.--Section 4(a)(1)(B) of the North 
     American Wetlands Conservation Act (16 U.S.C. 4403(a)(1)(B)) 
     is amended by striking ``Secretary of the Board'' and 
     inserting ``Executive Director of the Board''.
       (b) Rights and Obligations of the Foundation.--Section 4 of 
     the National Fish and Wildlife Foundation Establishment Act 
     (16 U.S.C. 3703) is amended--
       (1) in subsection (c)--
       (A) by striking ``(c) Powers.--To carry out its purposes 
     under'' and inserting the following:
       ``(c) Powers.--
       ``(1) In general.--To carry out the purposes described 
     in'';
       (B) by redesignating paragraphs (1) through (11) as 
     subparagraphs (A) through (K), respectively, and indenting 
     appropriately;
       (C) in subparagraph (D) (as redesignated by subparagraph 
     (B)), by striking ``that are insured by an agency or 
     instrumentality of the United States'' and inserting ``at 1 
     or more financial institutions that are members of the 
     Federal Deposit Insurance Corporation or the Securities 
     Investment Protection Corporation'';
       (D) in subparagraph (E) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3) or (4)'' and inserting 
     ``subparagraph (C) or (D)'';
       (E) in subparagraph (J) (as redesignated by subparagraph 
     (B)), by striking ``; and'' and inserting a semicolon;
       (F) by striking subparagraph (K) (as redesignated by 
     subparagraph (B)) and inserting the following:
       ``(K) to receive and administer restitution and community 
     service payments, amounts for mitigation of impacts to 
     natural resources, and other amounts arising from legal, 
     regulatory, or administrative proceedings, subject to the 
     condition that the amounts are received or administered for 
     purposes that further the conservation and management of 
     fish, wildlife, plants, and other natural resources; and
       ``(L) to do any and all acts necessary and proper to carry 
     out the purposes of the Foundation.''; and
       (G) by striking the undesignated matter at the end and 
     inserting the following:
       ``(2) Treatment of real property.--
       ``(A) In general.--For purposes of this Act, an interest in 
     real property shall be treated as including easements or 
     other rights for preservation, conservation, protection, or 
     enhancement by and for the public of natural, scenic, 
     historic, scientific, educational, inspirational, or 
     recreational resources.
       ``(B) Encumbered real property.--A gift, devise, or bequest 
     may be accepted by the Foundation even though the gift, 
     devise, or bequest is encumbered, restricted, or subject to 
     beneficial interests of private persons if any current or 
     future interest in the gift, devise, or bequest is for the 
     benefit of the Foundation.
       ``(3) Savings clause.--The acceptance and administration of 
     amounts by the Foundation under paragraph (1)(K) does not 
     alter, supersede, or limit any regulatory or statutory 
     requirement associated with those amounts.'';
       (2) by striking subsections (f) and (g); and
       (3) by redesignating subsections (h) and (i) as subsections 
     (f) and (g), respectively.
       (c) Authorization of Appropriations.--Section 10 of the 
     National Fish and Wildlife Foundation Establishment Act (16 
     U.S.C. 3709) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this Act for each of fiscal years 2012 through 
     2017--
       ``(A) $20,000,000 to the Secretary of the Interior;
       ``(B) $5,000,000 to the Secretary of Agriculture; and
       ``(C) $5,000,000 to the Secretary of Commerce.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Amounts from federal agencies.--
       ``(A) In general.--In addition to the amounts authorized to 
     be appropriated under subsection (a), Federal departments, 
     agencies, or instrumentalities may provide funds to the 
     Foundation, subject to the condition that the amounts are 
     used for purposes that further the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources in accordance with this Act.
       ``(B) Advances.--Federal departments, agencies, or 
     instrumentalities may advance amounts described in 
     subparagraph (A) to the Foundation in a lump sum without 
     regard to when the expenses for which the amounts are used 
     are incurred.
       ``(C) Management fees.--The Foundation may assess and 
     collect fees for the management of amounts received under 
     this paragraph.'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``funds'' and 
     inserting ``amounts'';
       (ii) by striking ``shall be used'' and inserting ``may be 
     used''; and
       (iii) by striking ``and State and local government 
     agencies'' and inserting ``, State and local government 
     agencies, and other entities''; and
       (C) by adding at the end the following:
       ``(3) Administration of amounts.--
       ``(A) In general.--In entering into contracts, agreements, 
     or other partnerships pursuant to this Act, a Federal 
     department, agency, or instrumentality shall have discretion 
     to waive any competitive process of that department, agency, 
     or instrumentality for entering into contracts, agreements, 
     or partnerships with the Foundation if the purpose of the 
     waiver is--
       ``(i) to address an environmental emergency resulting from 
     a natural or other disaster; or
       ``(ii) as determined by the head of the applicable Federal 
     department, agency, or instrumentality, to reduce 
     administrative expenses and expedite the conservation and 
     management of fish, wildlife, plants, and other natural 
     resources.
       ``(B) Reports.--The Foundation shall include in the annual 
     report submitted under section 7(b) a description of any use 
     of the authority under subparagraph (A) by a Federal 
     department, agency, or instrumentality in that fiscal 
     year.''; and
       (3) by adding at the end the following:
       ``(d) Use of Gifts, Devises, or Bequests of Money or Other 
     Property.--Any gifts, devises, or bequests of amounts or 
     other property, or any other amounts or other property, 
     transferred to, deposited with, or otherwise in the 
     possession of the Foundation pursuant to this Act, may be 
     made available by the Foundation to Federal departments, 
     agencies, or instrumentalities and may be accepted and 
     expended (or the disposition of the amounts or property 
     directed), without further appropriation, by those Federal 
     departments, agencies, or instrumentalities, subject to the 
     condition that the amounts or property be used for purposes 
     that further the conservation and management of fish, 
     wildlife, plants, and other natural resources.''.
       (d) Limitation on Authority.--Section 11 of the National 
     Fish and Wildlife Foundation Establishment Act (16 U.S.C. 
     3710) is amended by inserting ``exclusive'' before 
     ``authority''.

     SEC. 3684. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   SEMIPOSTAL STAMP.

       Section 2(c) of the Multinational Species Conservation 
     Funds Semipostal Stamp Act of 2010 (Public Law 111-241; 39 
     U.S.C. 416 note) is amended--
       (1) in paragraph (2), by striking ``2 years'' and inserting 
     ``6 years''; and
       (2) by adding at the end the following:
       ``(5) Stamp depictions.--Members of the public shall be 
     offered a choice of 5 stamps under this Act, depicting an 
     African elephant or an Asian elephant, a rhinoceros, a tiger, 
     a marine turtle, and a great ape, respectively.''.

     SEC. 3685. MULTINATIONAL SPECIES CONSERVATION FUNDS 
                   REAUTHORIZATIONS.

       (a) African Elephants.--Section 2306(a) of the African 
     Elephant Conservation Act (16 U.S.C. 4245(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (b) Asian Elephants.--Section 8(a) of the Asian Elephant 
     Conservation Act of 1997 (16 U.S.C. 4266(a)) is amended by 
     striking ``2007 through 2012'' and inserting ``2012 through 
     2017''.
       (c) Rhinoceros and Tigers.--Section 10(a) of the Rhinoceros 
     and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) is 
     amended by striking ``2007 through 2012'' and inserting 
     ``2012 through 2017''.
       (d) Great Apes.--Section 6 of the Great Ape Conservation 
     Act of 2000 (16 U.S.C. 6305) is amended by striking ``2006 
     through 2010'' and inserting ``2012 through 2017''.
       (e) Marine Turtles.--Section 7 of the Marine Turtle 
     Conservation Act of 2004 (16 U.S.C. 6606) is amended by 
     striking ``2005 through 2009'' and inserting ``2012 through 
     2017''.

     SEC. 3686. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACT.

       Section 10 of the Neotropical Migratory Bird Conservation 
     Act (16 U.S.C. 6109) is amended to read as follows:

     ``SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this Act $6,500,000 for each of fiscal years 
     2012 through 2017.
       ``(b) Use of Funds.--Of the amounts made available under 
     subsection (a) for each fiscal year, not less than 75 percent 
     shall be expended for projects carried out at a location 
     outside of the United States.''.

     SEC. 3687. FEDERAL LAND TRANSACTION FACILITATION ACT.

       The Federal Land Transaction Facilitation Act is amended--

[[Page S7269]]

       (1) in section 203(2) (43 U.S.C. 2302(2)), by striking ``on 
     the date of enactment of this Act was'' and inserting ``is'';
       (2) in section 205 (43 U.S.C. 2304)--
       (A) in subsection (a), by striking ``this Act'' and 
     inserting ``the Sportsmen's Act of 2012''; and
       (B) in subsection (d), by striking ``11'' and inserting 
     ``22'';
       (3) in section 206 (43 U.S.C. 2305), by striking subsection 
     (f); and
       (4) in section 207(b) (43 U.S.C. 2306(b))--
       (A) in paragraph (1)--
       (i) by striking ``96-568'' and inserting ``96-586''; and
       (ii) by striking ``; or'' and inserting a semicolon;
       (B) in paragraph (2)--
       (i) by inserting ``Public Law 105-263;'' before ``112 
     Stat.''; and
       (ii) by striking the period at the end and inserting a 
     semicolon; and
       (C) by adding at the end the following:
       ``(3) the White Pine County Conservation, Recreation, and 
     Development Act of 2006 (Public Law 109-432; 120 Stat. 3028);
       ``(4) the Lincoln County Conservation, Recreation, and 
     Development Act of 2004 (Public Law 108-424; 118 Stat. 2403);
       ``(5) subtitle F of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1132 note; Public Law 111-
     11);
       ``(6) subtitle O of title I of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 460www note, 1132 note; 
     Public Law 111-11);
       ``(7) section 2601 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1108); or
       ``(8) section 2606 of the Omnibus Public Land Management 
     Act of 2009 (Public Law 111-11; 123 Stat. 1121).''.

     SEC. 3688. NUTRIA ERADICATION AND CONTROL.

       (a) Findings; Purpose.--Section 2 of the Nutria Eradication 
     and Control Act of 2003 (Public Law 108-16; 117 Stat. 621) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``and in Louisiana'' and 
     inserting ``, the State of Louisiana, and other coastal 
     States'';
       (B) in paragraph (2), by striking ``in Maryland and 
     Louisiana on Federal, State, and private land'' and inserting 
     ``on Federal, State, and private land in the States of 
     Maryland and Louisiana and in other coastal States''; and
       (C) by striking paragraphs (3) and (4) and inserting the 
     following:
       ``(3) This Act authorizes the Maryland Nutria Project, 
     which has successfully eradicated nutria from more than 
     130,000 acres of Chesapeake Bay wetlands in the State of 
     Maryland and facilitated the creation of voluntary, public-
     private partnerships and more than 406 cooperative landowner 
     agreements.
       ``(4) This Act and the Coastal Wetlands Planning, 
     Protection, and Restoration Act (16 U.S.C. 3951 et seq.) 
     authorize the Coastwide Nutria Control Program, which has 
     reduced nutria-impacted wetland acres in the State of 
     Louisiana from 80,000 acres to 23,141 acres.
       ``(5) The proven techniques developed under this Act that 
     are eradicating nutria in the State of Maryland and reducing 
     the acres of nutria-impacted wetlands in the State of 
     Louisiana should be applied to nutria eradication or control 
     programs in other nutria-infested coastal States''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Purpose.--The purpose of this Act is to authorize the 
     Secretary of the Interior to provide financial assistance to 
     the States of Delaware, Louisiana, Maryland, North Carolina, 
     Oregon, Virginia, and Washington to carry out activities--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore nutria damaged wetlands.''.
       (b) Definitions.--The Nutria Eradication and Control Act of 
     2003 (Public Law 108-16; 117 Stat. 621) is amended--
       (1) by redesignating sections 3 and 4 as sections 4 and 5, 
     respectively; and
       (2) by inserting after section 2 the following:

     ``SEC. 3. DEFINITIONS.

       ``In this Act:
       ``(1) Coastal state.--The term `coastal State' means each 
     of the States of Delaware, Oregon, North Carolina, Virginia, 
     and Washington.
       ``(2) Program.--The term `program' means the nutria 
     eradication program established by section 4(a).
       ``(3) Public-private partnership.--The term `public-private 
     partnership' means a voluntary, cooperative project 
     undertaken by governmental entities or public officials and 
     affected communities, local citizens, nongovernmental 
     organizations, or other entities or persons in the private 
     sector.
       ``(4) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.''.
       (c) Nutria Eradication Program.--Section 4 of the Nutria 
     Eradication and Control Act of 2003 (Public Law 108-16; 117 
     Stat. 621) (as redesignated by subsection (b)) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--The Secretary may, subject to the 
     availability of appropriations, provide financial assistance 
     to the States of Maryland and Louisiana and the coastal 
     States to implement measures--
       ``(1) to eradicate or control nutria; and
       ``(2) to restore wetlands damaged by nutria.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by inserting ``the State of'' before 
     ``Maryland'';
       (B) in paragraph (2), by striking ``other States'' and 
     inserting ``the coastal States''; and
       (C) in paragraph (3), by striking ``marshland'' and 
     inserting ``wetlands'';
       (3) in subsection (c)--
       (A) by striking ``(c) Activities'' and inserting ``(c) 
     Activities in the State of Maryland''; and
       (B) by inserting ``, and updated in March 2009'' before the 
     period at the end;
       (4) in subsection (e), by striking ``financial assistance 
     provided by the Secretary under this section'' and inserting 
     ``the amounts made available under subsection (f) to carry 
     out the program''; and
       (5) by striking subsection (f) and inserting the following:
       ``(f) Authorization of Appropriations.--Subject to 
     subsection (e), there is authorized to be appropriated to the 
     Secretary to carry out the program $6,000,000 for each of 
     fiscal years 2012 through 2016, of which--
       ``(1) $2,000,000 shall be used to provide financial 
     assistance to the State of Maryland;
       ``(2) $2,000,000 shall be used to provide financial 
     assistance to the State of Louisiana; and
       ``(3) $2,000,000 shall be used to provide financial 
     assistance, on a competitive basis, to other coastal 
     States.''.
       (d) Report.--Section 5 of the Nutria Eradication and 
     Control Act of 2003 (Public Law 108-16; 117 Stat. 621) (as 
     redesignated by subsection (b)) is amended--
       (1) in paragraph (1), by striking ``2002 document entitled 
     `Eradication Strategies for Nutria in the Chesapeake and 
     Delaware Bay Watersheds'; and'' and inserting ``March 2009 
     update of the document entitled `Eradication Strategies for 
     Nutria in the Chesapeake and Delaware Bay Watersheds' and 
     originally dated March 2002;'';
       (2) in paragraph (2)--
       (A) by striking ``develop'' and inserting ``continue''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding after paragraph (2) the following:
       ``(3) develop, in cooperation with the State of Delaware 
     Department of Natural Resources and Environmental Control, 
     the State of Virginia Department of Game and Inland 
     Fisheries, the State of Oregon Department of Fish and 
     Wildlife, the State of North Carolina Department of 
     Environment and Natural Resources, and the State of 
     Washington Department of Fish and Wildlife, long-term nutria 
     control or eradication programs, as appropriate, with the 
     objective of--
       ``(A) significantly reducing and restoring the damage 
     nutria cause to coastal wetlands in the coastal States; and
       ``(B) promoting voluntary, public-private partnerships to 
     eradicate or control nutria and restoring nutria-damaged 
     wetlands in the coastal States.''.
                                 ______
                                 
  SA 3264. 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 A of title IX, add the following:

     SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR COMMUNICATIONS.

       (a) Additional Authorized Number of ASDs.--Subsection 
     (a)(1) of section 138 of title 10, United States Code, is 
     amended by striking ``14'' and inserting ``15''.
       (b) Designation as ASD for Communications.--Subsection (b) 
     of such section is amended by adding at the end the following 
     new paragraph:
       ``(11) One of the Assistant Secretaries is the Assistant 
     Secretary of Defense for Communications.''.
       (c) Executive Schedule Level IV.--Section 5315 of title 5, 
     United States Code, is amended by striking the item relating 
     to Assistant Secretaries of Defense and inserting the 
     following:
       ``Assistant Secretaries of Defense (15).''.
                                 ______
                                 
  SA 3265. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3254, to authorize appropriations for fiscal year 
2013 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1084. PROHIBITIONS RELATING TO REFERENCES TO GI BILL AND 
                   POST-9/11 GI BILL.

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

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

       ``(a) Prohibition.--(1) No person may, except with the 
     written permission of the Secretary, use the words and 
     phrases covered by

[[Page S7270]]

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

``3697B. Prohibition relating to references to GI Bill and Post-9/11 GI 
              Bill.''.
                                 ______
                                 
  SA 3266. 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:

       On page 2, after line 15, add the following:
       (c) Applicability.--Section 5511 of title 38, United States 
     Code (as added by this section), shall apply only with 
     respect to persons who are determined by the Secretary of 
     Veterans Affairs to be mentally incapacitated, are deemed by 
     the Secretary to be mentally incompetent, or are determined 
     by the Secretary to be experiencing an extended loss of 
     consciousness on or after the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 3267. 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 B of title IX of division A, add the 
     following:

     SEC. 915. 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''.

     SEC. 916. EXEMPTION FROM INKSNA.

       Section 7(1) of the Iran, North Korea, and Syria 
     Nonproliferation Act (50 U.S.C. 1701 note) is amended to read 
     as follows:
       ``(1) Extraordinary payments in connection with the 
     international space station.--The term `extraordinary 
     payments in connection with the International Space Station' 
     means payments in cash or in kind made or to be made by the 
     United States Government for work on the International Space 
     Station which the Russian Government pledged at any time to 
     provide at its expense.''.
                                 ______
                                 
  SA 3268. 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 title XI, add the following:

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

       (a) Increase in Maximum Age Limit for Positions Subject to 
     FERS.--
       (1) Law enforcement officers.--Section 3307(e) of title 5, 
     United States Code, is amended--
       (A) in paragraph (1), by inserting ``or (3)'' after 
     ``paragraph (2)''; and
       (B) by adding at the end the following:
       ``(3) The maximum age limit for an original appointment to 
     a position as a law enforcement officer (as defined in 
     section 8401(17)) shall be 47 years of age, in the case of an 
     individual who on the effective date of such appointment is 
     eligible to receive retired pay or retainer pay for military 
     service, or pension or compensation from the Department of 
     Veterans Affairs instead of such retired or retainer pay.''.
       (2) Other positions.--The maximum age limit for an original 
     appointment to a position as a member of the Capitol Police 
     or Supreme Court Police, nuclear materials courier (as 
     defined under section 8401(33) of such title), or customs and 
     border protection officer (as defined in section 8401(36) of 
     such title) shall be 47 years of age, in the case of an 
     individual who on the effective date of such appointment is 
     eligible to receive retired pay or retainer pay for military 
     service, or pension or compensation from the Department of 
     Veterans Affairs instead of such retired or retainer pay.
       (b) Eligibility for Annuity.--Section 8412(d) of such title 
     is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by adding ``or'' at the end; and
       (3) by inserting after paragraph (2) the following:
       ``(3) after becoming 57 years of age and completing 10 
     years of service as a law enforcement officer, member of the 
     Capitol Police or Supreme Court Police, nuclear materials 
     courier, customs or border protection officer, or any 
     combination of such service totaling 10 years, if such 
     employee--
       ``(A) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, nuclear materials courier, or customs and 
     border protection officer on or after the effective date of 
     this paragraph under section 1104(e) of the National Defense 
     Authorization Act for Fiscal Year 2013, and
       ``(B) on the date that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     1104(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2013,''.
       (c) Mandatory Separation.--Section 8425 of such title is 
     amended--
       (1) in subsection (b)(1), in the first sentence, by 
     inserting ``, except that a law enforcement officer, nuclear 
     materials courier, or customs and border protection officer 
     eligible for retirement under section 8412(d)(3) shall be 
     separated from the service on the last day of the month in 
     which that employee becomes 57 years of age'' before the 
     period;
       (2) in subsection (c), in the first sentence, by inserting 
     ``, except that a member of the Capitol Police eligible for 
     retirement under section 8412(d)(3) shall be separated from 
     the service on the last day of the month in which that 
     employee becomes 57 years of age'' before the period; and
       (3) in subsection (d), in the first sentence, by inserting 
     ``, except that a member of the Supreme Court Police eligible 
     for retirement under section 8412(d)(3) shall be separated 
     from the service on the last day of the month in which that 
     employee becomes 57 years of age'' before the period.
       (d) Computation of Basic Annuity.--Section 8415(e) of such 
     title is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) by striking ``The annuity of an employee'' and 
     inserting ``(1) Except as provided in paragraph (2), the 
     annuity of an employee''; and
       (3) by adding at the end the following:
       ``(2)(A) The annuity of an employee retiring under 
     subsection (d) or (e) of section 8412 or under subsection 
     (a), (b), or (c) of section 8425 who is an employee described 
     in subparagraph (B) is--
       ``(i) 1 7/10 percent of that individual's average pay 
     multiplied by so much of such individual's civilian service 
     as a law enforcement officer, member of the Capitol Police or 
     Supreme Court Police, nuclear materials courier, customs and 
     border protection officer, or air traffic controller that, in 
     the aggregate, does not exceed 20 years; plus
       ``(ii) 1 percent of that individual's average pay 
     multiplied by the remainder of such individual's total 
     service.
       ``(B) An employee described in this subparagraph is an 
     employee who--
       ``(i) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, nuclear materials courier, or customs and 
     border protection officer on or after the effective date of 
     this paragraph under section 1104(e) of the National Defense 
     Authorization Act for Fiscal Year 2013; and
       ``(ii) on the date that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     1104(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2013.''.
       (e) Effective Date.--This section (including the amendments 
     made by this section) shall take effect 60 days after the 
     date of enactment of this Act and shall apply to appointments 
     made on or after that effective date.
                                 ______
                                 
  SA 3269. 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

[[Page S7271]]

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. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   POTENTIAL LIABILITY OF DEPARTMENT OF DEFENSE 
                   FOR RENEGOTIATION OR CANCELLATION OF CONTRACTS 
                   FOR CONFERENCES AND CONVENTIONS IN CONNECTION 
                   WITH SPENDING CUTS.

       Not later than ___ days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the congressional defense committees a report 
     setting forth an assessment of the potential liability of the 
     Department of Defense, including the military departments and 
     the Defense Agencies, for the renegotiation or cancellation 
     of contracts for conferences and conventions to be hosted by 
     the Department as a result of reductions in funding for the 
     Department in connection with--
       (1) reductions of discretionary appropriations and direct 
     spending pursuant to the sequester required by section 251A 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985;
       (2) directives of the Office of Management and Budget, or 
     other Executive Branch directives, relating to cost saving 
     measures; and
       (3) such other funding reduction mechanisms as the 
     Comptroller General identifies for purposes of the report.
                                 ______
                                 
  SA 3270. 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 the Committees on Armed Services of the Senate and 
     the House of Representatives a report setting forth the 
     following:
       (1) The policy of the United States on the disposition of 
     enemy combatants captured on the battlefield and detained in 
     detention facilities in Afghanistan under the control of the 
     United States, including any policies on the disposition of 
     non-Afghanistan enemy combatants, enemy combatants that are 
     Afghanistan nationals, and high-value detainees.
       (2) An assessment of the capacity of the Government of 
     Afghanistan to detain and prosecute the individuals described 
     in paragraph (1) for purposes of maintaining the rule of law 
     in Afghanistan.
       (b) Enemy Combatant Defined.--In this section, the term 
     ``enemy combatant'' means an individual who--
       (1) after September 11, 2001, has purposefully engaged in 
     or materially supported hostilities against the United States 
     or its coalition partners; or
       (2) 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.
                                 ______
                                 
  SA 3271. Mr. KYL (for himself, Mr. Risch, and Mr. Heller) submitted 
an amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1433. POLICY OF THE UNITED STATES WITH RESPECT TO A 
                   DOMESTIC SUPPLY OF CRITICAL AND ESSENTIAL 
                   MINERALS.

       (a) Policy of the United States.--It is the policy of the 
     United States to promote the development of an adequate, 
     reliable, and stable supply of critical and essential 
     minerals in the United States in order to strengthen and 
     sustain the military readiness, national security, and 
     critical infrastructure of the United States.
       (b) Coordination of Development of Supply of Critical and 
     Essential Minerals.--To implement the policy described in 
     subsection (a), the President shall, acting through the 
     Executive Office of the President, coordinate the actions of 
     the appropriate federal agencies to identify opportunities 
     for and to facilitate the development of resources in the 
     United States to meet the critical and essential mineral 
     needs of the United States.
                                 ______
                                 
  SA 3272. Mr. BLUNT 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 end of subtitle H of title X, add the 
     following:

     SEC. 1084. MODERNIZATION OF ABSENTEE BALLOT MAIL DELIVERY 
                   SYSTEM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should modernize its mail delivery 
     system to ensure the effective and efficient delivery of 
     absentee ballots, including through the establishment of a 
     centralized mail forwarding system to ensure that blank 
     ballots are properly redirected.
       (b) Transfer of Funds.--Not later than 30 days after the 
     enactment of this Act, the amount authorized to be 
     appropriated under section 201 for research, development, 
     test, and evaluation and available for the Federal Voting 
     Assistance Program, $3,000,000 shall be transferred to the 
     United States Postal Service for purposes of implementing the 
     modernization of the Department of Defense's mail delivery 
     system for the purposes set forth in subsection (a).
                                 ______
                                 
  SA 3273. Mr. DeMINT 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. __. NATIONAL RIGHT-TO-WORK.

       (a) Amendments to the National Labor Relations Act.--
       (1) Rights of employees.--Section 7 of the National Labor 
     Relations Act (29 U.S.C. 157) is amended by striking ``except 
     to'' and all that follows through ``authorized in section 
     8(a)(3)''.
       (2) Unfair labor practices.--Section 8 of the National 
     Labor Relations Act (29 U.S.C. 158) is amended--
       (A) in subsection (a)(3), by striking ``: Provided, That'' 
     and all that follows through ``retaining membership'';
       (B) in subsection (b)--
       (i) in paragraph (2), by striking ``or to discriminate'' 
     and all that follows through ``retaining membership''; and
       (ii) in paragraph (5), by striking ``covered by an 
     agreement authorized under subsection (a)(3) of this 
     section''; and
       (C) in subsection (f), by striking clause (2) and 
     redesignating clauses (3) and (4) as clauses (2) and (3), 
     respectively.
       (b) Amendment to the Railway Labor Act.--Section 2 of the 
     Railway Labor Act (45 U.S.C. 152) is amended by striking 
     paragraph Eleven.
                                 ______
                                 
  SA 3274. Mr. NELSON of Nebraska (for himself and Mr. Isakson) 
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. JUSTICE FOR FORMER AMERICAN HOSTAGES IN IRAN.

       (a) Common Fund for Hostages.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of the 
     Treasury, in consultation with the Secretary of State, shall 
     establish a common fund to be administered by the class 
     representatives and agents for the former American hostages 
     in Iran and their survivors (as identified in case number 
     1:08-CV-00487 (EGS) of the United States District Court for 
     the District of Columbia). Such common fund shall--
       (1) be administered to pay claims to the Americans held 
     hostage in Iran, and to members of their families, who are 
     identified as class members in case number 1:08-CV-00487 
     (EGS) of the United States District Court for the District of 
     Columbia; and
       (2) be administered for purposes of satisfying such claims, 
     as approved by the class representatives and agents 
     identified in that case number.
       (b) Funding.--
       (1) Sources.--
       (A) Fines and penalties.--
       (i) In general.--The Secretary of the Treasury shall pay to 
     the fund under subsection (a) an amount equal to 50 percent 
     of all amounts collected as fines and penalties by reason of 
     the application of clause (ii) on or after the date of the 
     enactment of this Act. The total amount of payments that may 
     be made into the fund under this clause may not exceed the 
     estimated total amount of payments to be made under 
     subsection (d).
       (ii) Fines and penalties.--The maximum fines and penalties 
     authorized to be imposed,

[[Page S7272]]

     in whole or in part, for violations of any conduct or 
     activities with respect to any government or person by reason 
     of their connection with or sponsorship by Iran are hereby 
     increased by 100 percent.
       (B) Seized or frozen assets.--The Secretary of the Treasury 
     is authorized to pay to the fund under subsection (a)--
       (i) any funds or property in which Iran has an interest, 
     and
       (ii) any funds or property in which any person or entity 
     subject to any law providing for sanctions against Iran by 
     reason of such person's or entity's relationship to or 
     connection with Iran has an interest,
     held by the United States (including in the form of a trust) 
     or subject to any prohibition or regulation with respect to 
     any financial transactions in connection therewith. The 
     Secretary of the Treasury is authorized to vest and liquidate 
     any property identified in this subparagraph in order to make 
     payment as provided in this subparagraph.
       (2) Timing of funding.--Payments by the Secretary of the 
     Treasury to the fund under subsection (a)--
       (A) using funds held by the United States or funds subject 
     to prohibition or regulation on the date of the enactment of 
     this Act shall be made not later than 60 days after such date 
     of enactment; and
       (B) using funds that come into the possession of the United 
     States or funds that become subject to prohibition or 
     regulation after the date of the enactment of this Act shall 
     be paid not later than 60 days after coming into the 
     possession of the United States or becoming subject to 
     prohibition or regulation, as the case may be.
       (3) Satisfaction of claims.--Payments to the fund under 
     subsection (a) shall be made until the amounts described in 
     subsection (d) are satisfied in full. If the Secretary of the 
     Treasury determines that the amounts can be fully satisfied 
     within 1 year after the date of the enactment of this Act 
     from funds other than those held by the United States as 
     trustee, the Secretary of the Treasury may defer payment of 
     funds held by the United States as trustee until one year 
     after such date of enactment, but shall ensure during such 1-
     year period of deferral that any such funds held by the 
     United States as trustee shall not be disbursed, transferred 
     or otherwise constrained for payment as otherwise may be 
     required under this section.
       (c) Distribution of Funds.--
       (1) In general.--Funds paid to the fund under subsection 
     (b) shall be distributed by the class representatives and 
     agents to the former American hostages in Iran and their 
     survivors (as identified in case number 1:08-CV-00487 (EGS) 
     of the United States District Court for the District of 
     Columbia) in the amounts described in subsection (d).
       (2) Priority.--Subject to subsection (d), payments from 
     funds paid to the fund under subsection (b) shall be 
     distributed as follows:
       (A) First, to each living former hostage identified as a 
     class member under subsection (a)(1).
       (B) Second, to the estate of each deceased former hostage 
     identified as a class member under subsection (a)(1).
       (C) Third, to each spouse or child of a former hostage 
     identified as a class member under subsection (a)(1) if the 
     spouse or child is identified as a class member under 
     subsection (a)(1).
       (d) Amount of Payments.--The amount of payments from funds 
     paid to the fund under subsection (b) shall be distributed as 
     follows:
       (1) For each former hostage described in subsection 
     (c)(2)(A), $10,000 for each day of captivity of the former 
     hostage.
       (2) For the estate of each deceased former hostage 
     described in subsection (c)(2)(B), $10,000 for each day of 
     captivity of the former hostage.
       (3) For each spouse or child of a former hostage described 
     in subsection (c)(2)(C), $5,000 for each day of captivity of 
     the former hostage.
       (e) Subrogation.--The United States shall be fully 
     subrogated, with respect to payments under this section, to 
     all rights of each individual paid under subsection (d) 
     against the Government of Iran or the Iranian Revolutionary 
     Guard Corps or its affiliates or agents. The President shall 
     pursue such subrogated rights as claims or offsets of the 
     United States in appropriate ways until such subrogated 
     claims have been resolved to the satisfaction of the United 
     States.
       (f) Preclusion of Suit and Waiver of Claims.--Upon payment 
     of all amounts described in subsection (d), each person 
     receiving such payment shall be precluded from bringing suit 
     against Iran of any claim arising out of events occurring 
     between November 3, 1979, and January 20, 1981, and all such 
     claims as against Iran shall be deemed waived and forever 
     released.
       (g) Reimbursement of Seized or Frozen Assets.--Upon payment 
     of all amounts described in subsection (d), the President is 
     authorized to make payments from amounts paid to the fund 
     under subsection (b)(1)(A) to any person or entity described 
     in subsection (b)(1)(B) for purposes of reimbursing such 
     person or entity for funds or property of such person or 
     entity held by the United States as identified in subsection 
     (b)(1)(B).
       (h) Deposit of Funds in the Treasury.--Any amounts in the 
     fund under subsection (a) that remain after the date on which 
     payments of all amounts described in subsection (d) are made, 
     or the date that is 2 years after the date of the enactment 
     of this Act, whichever occurs later, shall be deposited in 
     the Treasury of the United States.
                                 ______
                                 
  SA 3275. Mr. WEBB (for himself, Mr. Inhofe, Mr. Lieberman, and 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; as follows:

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

     SEC. 1246. SENSE OF THE SENATE ON THE SITUATION IN THE 
                   SENKAKU ISLANDS.

       It is the sense of the Senate that--
       (1) the East China Sea is a vital part of the maritime 
     commons of Asia, including critical sea lanes of 
     communication and commerce that benefit all nations of the 
     Asia-Pacific region;
       (2) the peaceful settlement of territorial and 
     jurisdictional disputes in the East China Sea requires the 
     exercise of self-restraint by all parties in the conduct of 
     activities that would complicate or escalate disputes and 
     destabilize the region, and differences should be handled in 
     a constructive manner consistent with universally recognized 
     principles of customary international law;
       (3) while the United States takes no position on the 
     ultimate sovereignty of the Senkaku Islands, the United 
     States acknowledges the administration of Japan over the 
     Senkaku Islands;
       (4) The unilateral actions of a third party will not affect 
     the United States' acknowledgement of the administration of 
     Japan over the Senkaku Islands;
       (5) the United States has national interests in freedom of 
     navigation, the maintenance of peace and stability, respect 
     for international law, and unimpeded lawful commerce;
       (6) the United States supports a collaborative diplomatic 
     process by claimants to resolve territorial disputes without 
     coercion, and opposes efforts at coercion, the threat of use 
     of force, or use of force by any claimant in seeking to 
     resolve sovereignty and territorial issues in the East China 
     Sea;
       (7) the United States reaffirms its commitment to the 
     Government of Japan under Article V of the Treaty of Mutual 
     Cooperation and Security that ``[e]ach Party recognizes that 
     an armed attack against either Party in the territories under 
     the administration of Japan would be dangerous to its own 
     peace and safety and declares that it would act to meet the 
     common danger in accordance with its constitutional 
     provisions and processes''.
                                 ______
                                 
  SA 3276. Mr. LIEBERMAN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 3254, to 
authorize appropriations for fiscal year 2013 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of division A, add the following:

 TITLE XVIII--MEMORIAL TO SLAVES AND FREE BLACK PERSONS WHO SERVED IN 
                        THE AMERICAN REVOLUTION

     SEC. 1801. FINDING.

       Congress finds that the contributions of free persons and 
     slaves who fought during the American Revolution were of 
     preeminent historical and lasting significance to the United 
     States, as required by section 8908(b)(1) of title 40, United 
     States Code.

     SEC. 1802. DEFINITIONS.

       In this title:
       (1) Federal land.--
       (A) In general.--The term ``Federal land'' means the parcel 
     of land--
       (i) identified as ``Area I''; and
       (ii) depicted on the map numbered 869/86501B and dated June 
     24, 2003.
       (B) Exclusion.--The term ``Federal land'' does not include 
     the Reserve (as defined in section 8902(a) of title 40, 
     United States Code).
       (2) Memorial.--The term ``memorial'' means the memorial 
     authorized to be established under section 3(a).

     SEC. 1803. MEMORIAL AUTHORIZATION.

       (a) Authorization.--In accordance with subsections (b) and 
     (c), National Mall Liberty Fund D.C. may establish a memorial 
     on Federal land in the District of Columbia to honor the more 
     than 5,000 courageous slaves and free Black persons who 
     served as soldiers and sailors or provided civilian 
     assistance during the American Revolution.
       (b) Prohibition on Use of Federal Funds.--National Mall 
     Liberty Fund D.C. may not use Federal funds to establish the 
     memorial.
       (c) Applicable Law.--National Mall Liberty Fund D.C. shall 
     establish the memorial in accordance with chapter 89 of title 
     40, United States Code.

     SEC. 1804. REPEAL OF JOINT RESOLUTIONS.

       Public Law 99-558 (110 Stat. 3144) and Public Law 100-265 
     (102 Stat. 39) are repealed.
                                 ______
                                 
  SA 3277. 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

[[Page S7273]]

of Defense, for military construction, and for defense activities of 
the Department of Energy, to 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) The Federal Communications Commission and the National 
     Telecommunications and Information Administration should also 
     provide replacement spectrum to federal users before spectrum 
     is reallocated.
       (6) 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;
       (7) wherever possible, Federal Government spectrum 
     identified for commercial use should be reallocated for such 
     use;
       (8) realizing sharing is currently proposed as a possible 
     long-term solution, federal government users should, to the 
     extent practicable, explore how to best implement it to 
     alleviate a lack of a variable bandwidth;
       (9) 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) among existing Federal Government bands, certain 
     frequencies and allocations are more well suited for 
     reallocated to commercial use because it is identified 
     internationally for commercial mobile services;
       (10) consistent with the March 2012 National 
     Telecommunications and Information Administration report ``An 
     Assessment of the Viability of Accommodating Wireless 
     Broadband in the 1755-1850 MHz Band'', 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;
       (11) The Secretary of Defense should determine the 
     feasibility of relocating to the extent practicable in the 
     1755-1780 MHz and the General Accountability Office should 
     review the analysis performed; and
       (12) if feasibility is shown by the Department of Defense 
     and the General Accountability Office, the Federal 
     communications Commission should consider reallocating this 
     band to commerical use.
                                 ______
                                 
  SA 3278. Mr. BLUNT 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 end of subtitle H of title X, add the 
     following:

     SEC. 1084. MODERNIZATION OF ABSENTEE BALLOT MAIL DELIVERY 
                   SYSTEM.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Department of Defense should modernize its mail delivery 
     system to ensure the effective and efficient delivery of 
     absentee ballots, including through the establishment of a 
     centralized mail forwarding system to ensure that blank 
     ballots are properly redirected.
       (b) Transfer of Funds.--Of the amount authorized to be 
     appropriated under section 201 for research, development, 
     test, and evaluation and available for the Federal Voting 
     Assistance Program, $3,000,000 shall be transferred to the 
     United States Postal Service not later than 30 days after the 
     date of the enactment of this Act for purposes of 
     implementing the modernization of the Department of Defense's 
     mail delivery system for the purposes set forth in subsection 
     (a).
                                 ______
                                 
  SA 3279. 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; 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 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 carefully evaluated;
       (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,

[[Page S7274]]

     should not be diminished but should be routinely evaluated;
       (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;
       (5) to the extent possible, oversight of programs of the 
     National Nuclear Security Administration by the Department of 
     Defense should increase to ensure current and future 
     warfighting requirements are met; and
       (6) the Nuclear Weapons Council should provide proper 
     oversight in the execution of its responsibilities under 
     section 179 of title 10, United States Code.
                                 ______
                                 
  SA 3280. 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 C title IX, add the following:

     SEC. 935. REPORTS TO DEPARTMENT OF DEFENSE ON PENETRATIONS OF 
                   NETWORKS AND INFORMATION SYSTEMS OF CERTAIN 
                   CONTRACTORS.

       (a) Process for Reporting Penetrations.--The Under 
     Secretary of Defense for Intelligence shall, in coordination 
     with the officials specified in subsection (c), establish a 
     process by which cleared defense contractors shall report to 
     elements of the Department of Defense designated by the Under 
     Secretary for purposes of the process when a network or 
     information system of such contractors designated pursuant to 
     subsection (b) is successfully penetrated.
       (b) Designation of Networks and Information Systems.--The 
     Under Secretary of Defense for Intelligence shall, in 
     coordination with the officials specified in subsection (c), 
     establish criteria for designating the cleared defense 
     contractors' networks or information systems that contain or 
     process information created by or for the Department of 
     Defense to be subject to the reporting process established 
     pursuant to subsection (a).
       (c) Officials.--The officials specified in this subsection 
     are the following:
       (1) The Under Secretary of Defense for Policy.
       (2) The Under Secretary of Defense for Acquisition, 
     Technology, and Logistics.
       (3) The Chief Information Officer of the Department of 
     Defense.
       (4) The Commander of the United States Cyber Command.
       (d) Process Requirements.--
       (1) Rapid reporting.--The process required by subsection 
     (a) shall provide for rapid reporting by contractors of 
     successful penetrations of designated network or information 
     systems.
       (2) Report elements.--The report by a contractor on a 
     successful penetration of a designated network or information 
     system under the process shall include the following:
       (A) A description of the technique or method used in the 
     penetration.
       (B) A sample of the malicious software, if discovered and 
     isolated by the contractor.
       (3) Access.--The process shall include mechanisms by which 
     Department of Defense personnel may, upon request, obtain 
     access to equipment or information of a contractor necessary 
     to conduct a forensic analysis to determine whether 
     information created by or for the Department in connection 
     with any Department program was successfully exfiltrated from 
     a network or information system of the contractor and, if so, 
     what information was exfiltrated.
       (4) Limitation on dissemination of certain information.--
     The process shall prohibit the dissemination outside the 
     Department of Defense of information obtained or derived 
     through the process that is not created by or for the 
     Department except with the approval of the contractor 
     providing such information.
       (e) Cleared Defense Contractor Defined.--In this section, 
     the term ``cleared defense contractor'' means a private 
     entity granted clearance by the Defense Security Service to 
     receive and store classified information for the purpose of 
     bidding for a contract or conducting activities under a 
     contract with the Department of Defense.
                                 ______
                                 
  SA 3281. 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 V of division A, add the 
     following:

     SEC. 561. INCENTIVE COMPENSATION PROHIBITION.

       Section 487(a)(20) of the Higher Education Act of 1965 (20 
     U.S.C. 1094(a)(20)) is amended by adding at the end the 
     following: ``Notwithstanding the preceding sentence, the 
     institution may provide payment, based on the amount of 
     tuition generated by the institution, to a third party 
     unaffiliated with the institution that provides a set of 
     services to the institution that may include, but not solely, 
     recruitment services, regardless of whether the third party 
     is affiliated with any other institution that provides 
     educational services, if the third party does not make 
     prohibited compensation payments to its employees, the 
     institution does not pay the third party solely or separately 
     for student recruitment services provided by the third party, 
     and any recruitment information, including personally 
     identifiable information, will not be used, shared, or sold 
     with any other entity, including any affiliated institutions 
     that provide educational services.''.
                                 ______
                                 
  SA 3282. 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 such facilities as may be jointly determined by the 
     Secretary of Defense and the Attorney General 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 3283. Mr. RUBIO (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill S. 3254, to authorize 
appropriations for fiscal year 2013 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 1233. REPORT ON IMPLEMENTATION BY GOVERNMENT OF BAHRAIN 
                   OF RECOMMENDATIONS IN REPORT OF THE BAHRAIN 
                   INDEPENDENT COMMISSION OF INQUIRY.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State 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 implementation by the 
     Government of Bahrain of the recommendations contained in the 
     Report of the Bahrain Independent Commission of Inquiry.
       (b) Content.--The report required under subsection (a) 
     shall include the following elements:
       (1) A description of the specific steps taken by the 
     Government of Bahrain to implement each of the 26 
     recommendations contained in the Report of the Bahrain 
     Independent Commission of Inquiry.
       (2) An assessment of whether each recommendation has been 
     fully complied with by the Government of Bahrain.
       (3) An assessment of the impact of the findings of the 
     Report of the Bahrain Independent Commission of Inquiry on 
     progress toward democracy and respect for human rights in 
     Bahrain.
                                 ______
                                 
  SA 3284. 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 C of title II, add the following:

[[Page S7275]]

     SEC. 238. REPORT ON POTENTIAL FUTURE HOMELAND BALLISTIC 
                   MISSILE DEFENSE OPTIONS.

       (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 potential future options for homeland ballistic missile 
     defense.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current assessment of the threat 
     to the United States from long-range ballistic missiles of 
     North Korea and Iran, and an assessment of the projected 
     future threat through 2022, including a discussion of 
     confidence levels in such threat assessment.
       (2) A description of the current United States homeland 
     ballistic missile defense capability to defend against the 
     current threat of limited ballistic missile attack from North 
     Korea and Iran.
       (3) A description of planned improvements to the current 
     homeland ballistic missile defense system, and the capability 
     enhancements that would result from such planned 
     improvements.
       (4) A description of potential additional future options 
     for homeland ballistic missile defense, in addition to those 
     described pursuant to paragraph (3), if the future ballistic 
     missile threat warrants deployment of such options to 
     increase the homeland ballistic missile defense capability, 
     including--
       (A) deployment of a missile defense interceptor site on the 
     East Coast;
       (B) deployment of a missile defense interceptor site in 
     another location in the United States, other than on the East 
     Coast;
       (C) deployment of additional Ground-based Interceptors for 
     the Ground-based Midcourse Defense system at Fort Greely, 
     Alaska, Vandenberg Air Force Base, California, or both;
       (D) deployment of Standard Missile-3 Block IIB interceptors 
     on land or at sea; and
       (E) any other options the Secretary considers appropriate.
       (c) Evaluation.--For each option described under subsection 
     (b)(4), the Secretary shall provide an evaluation of the 
     advantages and disadvantages of such option. The evaluation 
     of each option shall include consideration of the following:
       (1) Technical feasibility.
       (2) Operational effectiveness and utility against the 
     projected future threat.
       (3) Cost, cost effectiveness and affordability.
       (4) Adaptability to respond to changes in threat evolution.
       (d) Conclusions and Recommendations.--Based on the 
     evaluation required by subsection (c), the Secretary shall 
     include in the report required by subsection (a) such 
     findings, conclusions, and recommendations as the Secretary 
     considers appropriate for potential future options for 
     homeland ballistic missile defense
       (e) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 3285. 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 F of title X, add the following:

     SEC. 1064. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                   POTENTIAL LIABILITY OF DEPARTMENT OF DEFENSE 
                   FOR RENEGOTIATION OR CANCELLATION OF CONTRACTS 
                   FOR CONFERENCES AND CONVENTIONS IN CONNECTION 
                   WITH SPENDING CUTS.

       Not later than ___ days after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     submit to the congressional defense committees a report 
     setting forth an assessment of the potential liability of the 
     Department of Defense, including the military departments and 
     the Defense Agencies, for the renegotiation or cancellation 
     of contracts for conferences and conventions to be hosted by 
     the Department as a result of reductions in funding for the 
     Department in connection with--
       (2) directives of the Office of Management and Budget, or 
     other Executive Branch directives, relating to cost saving 
     measures; and
       (3) such other funding reduction mechanisms as the 
     Comptroller General identifies for purposes of the report.
                                 ______
                                 
  SA 3286. Mr. LEVIN (for Ms. Klobuchar) proposed an amendment to the 
bill S. 3542, to authorize the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to modify screening 
requirements for checked baggage arriving from preclearance airports, 
and for other purposes; as follows:

       On page 3, lines 8 through 10, strike ``and the Committee 
     on Commerce, Science, and Transportation of the Senate'' and 
     insert ``, the Committee on Commerce, Science, and 
     Transportation of the Senate, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate''.

                                 ______
                                 
  SA 3287. Mr. LEVIN (for Mrs. Shaheen) submitted an amendment intended 
to be proposed by Mr. Levin to the resolution S. Res. 600, supporting 
the goals and ideals of American Diabetes Month; as follows:

       In the fifth whereas clause of the preamble, strike 
     ``5,082'' and insert ``5,205''.
       In the tenth whereas clause of the preamble, strike ``60'' 
     and insert ``65''.
       In the fifteenth whereas clause of the preamble, strike 
     ``each fiscal year'' and insert ``fiscal year 2005''.

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