[Congressional Record Volume 158, Number 153 (Monday, December 3, 2012)]
[Senate]
[Pages S7336-S7342]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2013--Continued
The PRESIDING OFFICER. The Senator from Michigan.
Mr. LEVIN. We hope cloture will be voted now. We have disposed of 119
amendments to this bill. I talked to the majority leader, and if we do
vote cloture tonight, which of course Senator McCain and I hope we
will, we are still going to try to clear some additional amendments
using the same process we have used up to now. We would hope we could
clear some additional amendments right up to the time of final passage.
Hopefully we can get to final passage tomorrow at some point.
Cloture Motion
The PRESIDING OFFICER. The cloture motion having been presented under
rule XXII, the Chair directs the clerk to read the motion.
The assistant legislative clerk read as follows:
Cloture Motion
We, the undersigned Senators, in accordance with the provisions of
rule XXII of the Standing Rules of the Senate, hereby move to bring to
a close debate on S. 3254, a bill to authorize appropriations for
fiscal year 2013 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes.
Harry Reid, Carl Levin, Kay R. Hagan, Barbara A.
Mikulski, Tom Udall, Jeff Merkley, Al Franken, Tom
Harkin, Jon Tester, Richard Blumenthal, Jeff Bingaman,
Patrick J. Leahy, Robert P. Casey, Jr., Amy Klobuchar,
Max Baucus, Michael F. Bennet, Mark Begich, Patty
Murray.
The PRESIDING OFFICER. By unanimous consent, the mandatory quorum has
been waived.
The question is, Is it the sense of the Senate that the debate on S.
3254, a bill to authorize appropriations for fiscal year 2013 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes, shall be brought to a close?
The yeas and nays are mandatory under the rule.
The clerk will call the roll.
The assistant legislative clerk called the roll.
Mr. DURBIN. I announce that the Senator from Minnesota (Mr. Franken),
the Senator from Oregon (Mr. Merkley), the Senator from West Virginia
(Mr. Rockefeller), the Senator from Vermont (Mr. Sanders), and the
Senator from Oregon (Mr. Wyden) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Illinois (Mr. Kirk) and the Senator from Louisiana (Mr. Vitter).
The PRESIDING OFFICER (Mrs. Hagan). Are there any other Senators in
the Chamber desiring to vote?
The result was announced--yeas 93, nays 0, as follows:
[Rollcall Vote No. 218 Leg.]
YEAS--93
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boozman
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Coburn
Cochran
Collins
Conrad
Coons
Corker
Cornyn
Crapo
DeMint
Durbin
Enzi
Feinstein
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heller
Hoeven
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rubio
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wicker
NOT VOTING--7
Franken
Kirk
Merkley
Rockefeller
Sanders
Vitter
Wyden
The PRESIDING OFFICER. On this vote the yeas are 93, the nays are 0.
Three-fifths of the Senators duly chosen and sworn having voted in the
affirmative the motion is agreed to.
Mr. LEVIN. Mr. President, I move to reconsider that vote.
Mr. McCAIN. I move to lay the motion on the table.
The motion to lay on the table was agreed to.
The PRESIDING OFFICER. The Senator from Michigan.
Amendments Nos. 2923, as Modified, 2943, 2997, as Modified, 3023, 3121,
as Modified, 3142, 3144, 3172, as Modified, 3276, 3298, 3278, as
Modified, 2996, and 3047, as Modified
Mr. LEVIN. Madam President, I call up a list of 13 amendments which
have been cleared by myself and Senator McCain: Coats amendment No.
2923, as modified by the changes at the desk; Webb amendment No. 2943;
Casey amendment No. 2997, as modified by the changes at the desk;
Cardin amendment No. 3023; Wicker amendment No. 3121, as modified by
the changes at the desk; Portman amendment No. 3142; Webb amendment No.
3144; Corker amendment No. 3172, as modified by the changes at the
desk; Lieberman amendment No. 3276; Lautenberg amendment No. 3298;
Blunt amendment No. 3278, as modified by the changes at the desk;
Rockefeller amendment No. 2996; and Reid of Nevada amendment No. 3047,
as modified by the changes at the desk.
Mr. McCAIN. They have been cleared by our side.
Mr. LEVIN. I ask unanimous consent that the Senate consider these
amendments en bloc, the amendments be agreed to, and the motion to
reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:
Amendment No. 2923, as modified
At the end of Subtitle B of title III, add the following:
SEC. 314. REPORT ON PROPERTY DISPOSALS AND ADDITIONAL
AUTHORITIES TO ASSIST LOCAL COMMUNITIES AROUND
CLOSED MILITARY INSTALLATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the disposition of any not yet completed closure of an active
duty military installation since 1988 in the United States
that was not subject to the property disposal provisions
contained in the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) The status of property described in subsection (a) that
is yet to be disposed of.
(2) An assessment of the environmental conditions of, and
plans and costs for environmental remediation for, each such
property.
(3) The anticipated schedule for the completion of the
disposal of each such property.
(4) An estimate of the costs, and a description of
additional potential future financial liability or other
impacts on the Department of Defense, if the authorities
provided by Congress for military installations closed under
defense base closure and realignment (BRAC) are extended to
military installations closed outside the defense base
closure and realignment process and for which property has
yet to be disposed
[[Page S7337]]
(5) Such recommendations as the Secretary considers
appropriate for additional authorities to assist the
Department in expediting the disposal of property at closed
military installations in order to facilitate economic
redevelopment for local communities.
(c) Military Installation Defined.--In this section, 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, 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.
Amendment No. 2943
(Purpose: To make Department of Defense law enforcement officers
eligible under the Law Enforcement Officers Safety Act)
At the end of subtitle H of title X, add the following:
SECTION 1084. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY
PROVISIONS OF TITLE 18.
Chapter 44 of title 18, United States Code, is amended--
(1) in section 926B--
(A) in subsection (c)(1), by inserting ``or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)'' after
``arrest'';
(B) in subsection (d), by striking ``as a law enforcement
officer'' and inserting ``that identifies the employee as a
police officer or law enforcement officer of the agency'';
and
(C) in subsection (f), by inserting ``or apprehension under
section 807(b) of title 10, United States Code (article 7(b)
of the Uniform Code of Military Justice)'' after ``arrest'';
and
(2) in section 926C--
(A) in subsection (c)(2), by inserting ``or apprehension
under section 807(b) of title 10, United States Code (article
7(b) of the Uniform Code of Military Justice)'' after
``arrest''; and
(B) in subsection (d)--
(i) in paragraph (1), by striking ``that indicates'' and
inserting ``that identifies the person as having been
employed as a police officer or law enforcement officer and
indicates''; and
(ii) in paragraph (2)(A), by inserting ``that identifies
the person as having been employed as a police officer or law
enforcement officer'' after ``officer''.
Amendment No. 2997, as modified
At the end of subtitle E of title X, add the following:
SEC. 1048. TRANSITION ASSISTANCE ADVISOR PROGRAM.
(a) Program Authorized.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by inserting after section 1144 the
following new section:
``Sec. 1144a. Transition Assistance Advisors
``(a) In General.--The Secretary of Defense shall establish
as part of the Transition Assistance Program (TAP) a
Transition Assistance Advisor (TAA) program to provide
professionals in each State to serve as statewide points of
contact to assist members of the armed forces in accessing
benefits and health care furnished under laws administered by
the Secretary of Defense and benefits and health care
furnished under laws administered by the Secretary of
Veterans Affairs.
``(b) Number of Advisors.--The Secretary of Defense shall
ensure that the minimum number of Transition Assistance
Advisors in each State is as follows:
``(1) During the period beginning 180 days before the
commencement of a contingency operation (or, if later, as
soon before as is otherwise practicable) and ending 180 days
after the conclusion of such contingency operation--
``(A) in the case of a State with fewer than 1,500 members
of the Army National Guard of the United States and the Air
National Guard of the United States residing in the State,
not less than one Transition Assistance Advisor; and
``(B) in the case of a State with 1,500 or more members of
the Army National Guard of the United States and the Air
National Guard of the United States who reside in such State,
not less than one Transition Assistance Advisor for each
1,500 members of the Army National Guard of the United States
and the Air National Guard of the United States who reside in
such State.
``(2) At any time not covered by paragraph (1)--
``(A) in the case of a State with fewer than 5,000 members
of the Army National Guard of the United States and the Air
National Guard of the United States residing in the State,
not less than one Transition Assistance Advisor; and
``(B) in the case of a State with 5,000 or more members of
the Army National Guard of the United States and the Air
National Guard of the United States who reside in such State,
not less than one Transition Assistance Advisor for each
1,500 members of the Army National Guard of the United States
and the Air National Guard of the United States who reside in
such State.
``(c) Duties.--The duties of a Transition Assistance
Advisor includes the following:
``(1) To assist with the creation and execution of
individual transition plans for members of the National Guard
described in subsection (d)(2) and their families for the
reintegration of such members into civilian life.
``(2) To provide employment support services to members of
the National Guard and their families, including assistance
with discovering employment opportunities and identifying and
obtaining assistance from programs within and outside of the
Federal Government.
``(3) Provide information on relocation, health care,
mental health care, and financial support services available
to members of the National Guard or their families from the
Department of Defense, the Department of Veterans Affairs,
and other Federal, State, and local agencies.
``(4) Provide information on educational support services
available to members of the National Guard, including Post-9/
11 Educational Assistance under chapter 33 of title 38.
``(d) Transition Plans.--(1) Each individual plan created
under subsection (c)(1) for a member of the National Guard
described in paragraph (2) shall include the following:
``(A) A plan for the transition of the member to life in
the civilian world, including with respect to employment,
education, and health care.
``(B) A description of the transition services that the
member and the member's family will need to achieve their
transition objectives, including information on any forms
that such member will need to fill out to be eligible for
such services.
``(C) A point of contact for each agency or entity that can
provide the transition services described in subparagraph
(B).
``(2) A member of the National Guard described in this
paragraph is any member of the National Guard who has served
on active duty in the armed forces for a period of more than
180 days.
``(e) Funding.--Amounts for the program established under
subsection (a) for a fiscal year shall be derived from
amounts authorized to be appropriated for operations and
maintenance for the National Guard for that fiscal year.
``(f) State Defined.--In this section, the term `State'
means each of the several States of the United States, the
District of Columbia, and any territory of the United
States.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 58 of such title is amended by inserting
after the item relating to section 1144 the following new
item:
``1144a. Transition Assistance Advisors.''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a description of the
efforts of the Secretary to implement the requirements of
section 1144A of title 10, United States Code, as added by
subsection (a)(1).
Amendment No. 3023
(Purpose: To include the Coast Guard in the requirements relating to
hazing in the Armed Forces)
On page 139, line 3, add at the end the following: ``Not
later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit to the
committees of Congress referred to in the preceding sentence
a report on hazing in the Coast Guard when it is not
operating as a service in the Navy, and, for purposes of such
report, the Armed Forces shall include the Coast Guard when
it is not operating as a service in the Navy.''.
Amendment No. 3121, as modified
At the end of subtitle E of title XXVIII, add the
following:
SEC. 2844. ADDITIONAL EXEMPTIONS FROM CERTAIN REQUIREMENTS
APPLICABLE TO FUNDING FOR DATA SERVERS AND
CENTERS.
Section 2867(c) of the Military Construction Authorization
Act for Fiscal Year 2012 (division B of Public Law 112-81;
125 Stat. 1706; 10 U.S.C. 2223a note) is amended--
(1) by striking ``Exception.--The Chief'' and inserting the
following: ``Exceptions.--
``(1) Exemption authority.--The Chief''; and
(2) by inserting at the end the following new paragraph:
``(2) The Chief Information Officer of the Department may
exempt from the applicability of this section research,
development, test, and evaluation programs that use
authorization of appropriations for the High Performance
Computing Modernization Program (Program Element 0603461A),
if the Chief Information Officer determines that the
exemption is in the best interest of national security.''
AMENDMENT NO. 3142
(Purpose: To require a report on Department of Defense support for
United States diplomatic security)
At the end of subtitle F of title X, add the following:
SEC. 1064. REPORT ON DEPARTMENT OF DEFENSE SUPPORT FOR UNITED
STATES DIPLOMATIC SECURITY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in coordination with the Secretary of State, submit to
the Committees on Armed Services of the Senate and the House
of Representatives a report on the findings of the ongoing
Department of Defense review of defense support of United
States diplomatic security.
(b) Elements.--The report required by subsection (a) shall
include, but not be limited
[[Page S7338]]
to, such findings and recommendations as the Secretaries
consider appropriate with respect to the following:
(1) Department of Defense authorities, directives, and
guidelines in support of diplomatic security.
(2) Interagency processes and procedures to identify,
validate, and resource diplomatic security support required
from the Department of Defense.
(3) Department of Defense roles, missions, and resources
required to fulfill requirements for United States diplomatic
security, including, but not limited to the following:
(A) Marine Corps Embassy Security Guard detachments.
(B) Training and advising host nation security forces for
diplomatic security.
(C) Intelligence collection to prevent and respond to
threats to diplomatic security.
(D) Security assessments of diplomatic missions.
(E) Support of emergency action planning.
(F) Rapid response forces to respond to threats to
diplomatic security.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
AMENDMENT NO. 3144
(Purpose: To amend section 704 of title 18 United States Code)
At the end, add the following:
DIVISION E--STOLEN VALOR ACT
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Stolen Valor Act of
2012''.
SEC. 5002. FINDINGS.
Congress find the following:
(1) Because of the great respect in which military service
and military awards are rightfully held by the public, false
claims of receiving such medals or serving in the military
are especially likely to be harmful and material to
employers, voters in deciding to whom paid elective positions
should be entrusted, and in the award of contracts.
(2) Military service and military awards are held in such
great respect that public and private decisions are correctly
influenced by claims of heroism.
(3) False claims of military service or military heroism
are an especially noxious means of obtaining something of
value because they are particularly likely to cause tangible
harm to victims of fraud.
(4) False claims of military service or the receipt of
military awards, if believed, are especially likely to
dispose people favorably toward the speaker.
(5) False claims of military service or the receipt of
military awards are particularly likely to be material and
cause people to part with money or property. Even if such
claims are unsuccessful in bringing about this result, they
still constitute attempted fraud.
(6) False claims of military service or the receipt of
military awards that are made to secure appointment to the
board of an organization are likely to cause harm to such
organization through their obtaining the services of an
individual who does not bring to that organization what he or
she claims, and whose falsehood, if discovered, would cause
the organization's donors concern that the organization's
board might not manage money honestly.
(7) The easily verifiable nature of false claims regarding
military service or the receipt of military awards, the
relative infrequency of such claims, and the fact that false
claims of having served in the military or received such
awards are rightfully condemned across the political
spectrum, it is especially likely that any law prohibiting
such false claims would not be enforced selectively.
(8) Congress may make criminal the false claim of military
service or the receipt of military awards based on its powers
under article I, section 8, clause 2 of the Constitution of
the United States, to raise and support armies, and article
I, section 8, clause 18 of the Constitution of the United
States, to enact necessary and proper measures to carry into
execution that power.
SEC. 5003. MILITARY MEDALS OR DECORATIONS.
Section 704 of title 18, United States Code, is amended to
read as follows:
``Sec. 704. Military medals or decorations
``(a) In General.--Whoever knowingly purchases, attempts to
purchase, solicits for purchase, mails, ships, imports,
exports, produces blank certificates of receipt for,
manufactures, sells, attempts to sell, advertises for sale,
trades, barters, or exchanges for anything of value any
decoration or medal authorized by Congress for the Armed
Forces of the United States, or any of the service medals or
badges awarded to the members of such forces, or the ribbon,
button, or rosette of any such badge, decoration, or medal,
or any colorable imitation thereof, except when authorized
under regulations made pursuant to law, shall be fined under
this title, imprisoned for not more than 6 months, or both.
``(b) False Claims to the Receipt of Military Decorations,
Medals, or Ribbons and False Claims Relating to Military
Service in Order to Secure a Tangible Benefit or Personal
Gain.--
``(1) In general.--Whoever, with the intent of securing a
tangible benefit or personal gain, knowingly, falsely, and
materially represents himself or herself through any written
or oral communication (including a resume) to have served in
the Armed Forces of the United States or to have been awarded
any decoration, medal, ribbon, or other device authorized by
Congress or pursuant to Federal law for the Armed Forces of
the United States, shall be fined under this title,
imprisoned for not more than 6 months, or both.
``(2) Tangible benefit or personal gain.--For purposes of
this subsection, the term `tangible benefit or personal gain'
includes--
``(A) a benefit relating to military service provided by
the Federal Government or a State or local government;
``(B) public or private employment;
``(C) financial remuneration;
``(D) an effect on the outcome of a criminal or civil court
proceeding;
``(E) election of the speaker to paying office; and
``(F) appointment to a board or leadership position of a
non-profit organization.
``(c) Definition.--In this section, the term `Armed Forces
of the United States' means the Army, Navy, Air Force, Marine
Corps, and Coast Guard, including the reserve components
named in section 10101 of title 10.''.
SEC. 5004. SEVERABILITY.
If any provision of this division, any amendment made by
this division, or the application of such provision or
amendment to any person or circumstance is held to be
unconstitutional, the remainder of the provisions of this
division, the amendments made by this division, and the
application of such provisions or amendments to any person or
circumstance shall not be affected.
AMENDMENT NO. 3172, AS MODIFIED
At the end of subtitle C of title XII, add the following:
SEC. 1233. REPORTS ON SYRIA.
(a) Report on Opposition Groups.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence and Secretary of State shall submit to Congress
a report describing in detail all the known opposition
groups, both independent and state-sponsored, inside and
outside of Syria, operating directly or indirectly to oppose
the Government of Syria.
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) An assessment of the current military capacity of
opposition forces.
(B) An assessment of the ability of opposition forces
inside and outside of Syria to establish military and
political activities impacting Syria, together with a
practicable timetable for accomplishing these objectives.
(C) An assessment of the ability of any of the opposition
groups to establish effective military and political control
in Syria.
(D) A description of the composition and political agenda
of each of the known opposition groups inside and outside of
Syria, and an assessment of the degree to which such groups
represent the views of the people of Syria as a whole.
(E) A description of the financial resources currently
available to opposition groups and known potential sources of
continued financing.
(F) An assessment of the relationship between each of the
Syrian opposition groups and the Muslim Brotherhood, al
Qaeda, Hezbollah, Hamas, and any other groups that have
promoted an agenda that would negatively impact United States
national interests.
(G) An assessment of the impact of support from the United
States and challenges to providing such additional support to
opposition forces on the factors discussed in subparagraphs
(A) through (F).
(b) Report on Weapons Stockpiles.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence and Secretary of Defense shall submit to
Congress an assessment of the size and security of
conventional and non-conventional weapons stockpiles in
Syria.
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) A description of who has or may have access to the
stockpiles.
(B) A description of the sources and types of weapons
flowing from outside Syria to both government and opposition
forces.
(C) A description of U.S. and international efforts to
prevent the proliferation of conventional, biological,
chemical, and other types of weapons in Syria.
(c) Report on Current Activities and Future Plans To
Provide Assistance to Syria's Political Opposition.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to Congress a report on all the support provided to
opposition political forces in Syria.
(2) Content.--The report required under paragraph (1) shall
include the following elements:
(A) A full description of the current technical assistance
democracy programs conducted by the Department of State and
United States Agency for International Development to support
the political opposition in Syria.
(B) A full summary of the communications equipment that is
currently being provided to the political opposition in
Syria, including a description of the entities that have
received and that will continue to receive such equipment.
(C) A description of any additional activities the United
States plans to undertake in support of the political
opposition in Syria.
[[Page S7339]]
(D) A description of the funding levels currently dedicated
to support the political opposition in Syria.
(E) A description of obstacles and challenges to providing
additional support to Syria's political opposition.
(d) Form.--The reports required by this section may be
submitted in a classified form.
Amendment No. 3276
(Purpose: To authorize National Mall Liberty Fund D.C. to establish a
memorial on Federal land in the District of Columbia to honor free
persons and slaves who fought for independence, liberty, and justice
for all during the American Revolution)
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.
Amendment No. 3298
(Purpose: To express the sense of Congress on health care for retired
members of the uniformed services)
At the end of subtitle A of title VII, add the following:
SEC. 704. SENSE OF CONGRESS ON HEALTH CARE FOR RETIRED
MEMBERS OF THE UNIFORMED SERVICES.
It is the sense of Congress that--
(1) members of the uniformed services and their families
endure unique and extraordinary demands and make
extraordinary sacrifices over the course of 20 to 30 years of
service in protecting freedom for all Americans, as do those
who have been medically retired due to the hardships of
military service; and
(2) access to quality health care services is an earned
benefit during retirement in acknowledgment of their
contributions of service and sacrifice.
Amendment No. 3278, as modified
At the end of subtitle H of title X, add the following:
SEC. 1084. MODERNIZATION OF ABSENTEE BALLOT MAIL DELIVERY
SYSTEM.
(a) It is the sense of Congress that the Department of
Defense should partner with the United States Postal Service
(USPS) to modernize the USPS mail delivery system to address
problems with the delivery of absentee ballots and ensure the
effective and efficient delivery of such ballots, including
through the establishment of a centralized mail forwarding
system to ensure that blank ballots are properly redirected.
Amendment No. 2996
(Purpose: To authorize certain maritime programs of the Department of
Transportation, and for other purposes)
Beginning on page 590, strike line 11 and all that follows
through page 595, line 7, and insert the following:
SEC. 3501. SHORT TITLE.
This title may be cited as the ``Maritime Administration
Authorization Act for Fiscal Year 2013''.
SEC. 3502. CONTAINER-ON-BARGE TRANSPORTATION.
(a) Assessment.--The Administrator of the Maritime
Administration shall assess the potential for using
container-on-barge transportation in short sea transportation
(as such term is defined in section 55605 of title 46, United
States Code).
(b) Factors.--In conducting the assessment under subsection
(a), the Administrator shall consider--
(1) the environmental benefits of increasing container-on-
barge movements in short sea transportation;
(2) the regional differences in the use of short sea
transportation;
(3) the existing programs established at coastal and Great
Lakes ports for establishing awareness of deep sea shipping
operations;
(4) the mechanisms necessary to ensure that implementation
of a plan under subsection (c) will not be inconsistent with
antitrust laws; and
(5) the potential frequency of container-on-barge service
at short sea transportation ports.
(c) Recommendations.--The assessment under subsection (a)
may include recommendations for a plan to increase awareness
of the potential for use of container-on-barge
transportation.
(d) Deadline.--Not later than 180 days after the date of
enactment of this title, the Administrator shall submit the
assessment required under this section to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 3503. SHORT SEA TRANSPORTATION.
(a) Purpose.--Section 55601 of title 46, United States
Code, is amended--
(1) in subsection (a), by striking ``landside congestion.''
and inserting ``landside congestion or to promote short sea
transportation.'';
(2) in subsection (c), by striking ``coastal corridors''
and inserting ``coastal corridors or to promote short sea
transportation'';
(3) in subsection (d), by striking ``that the project may''
and all that follows through the end of the subsection and
inserting ``that the project uses documented vessels and--
``(1) mitigates landside congestion; or
``(2) promotes short sea transportation.''; and
(4) in subsection (f), by striking ``shall'' each place it
appears and inserting ``may''.
(b) Documentation.--Section 55605 of title 46, United
States Code, is amended in the matter preceding paragraph (1)
by striking ``by vessel'' and inserting ``by a documented
vessel''.
SEC. 3504. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE.
(a) In General.--Chapter 503 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 50307. Maritime environmental and technical assistance
``(a) In General.--The Secretary of Transportation may
engage in the environmental study, research, development,
assessment, and deployment of emerging marine technologies
and practices related to the marine transportation system
through the use of public vessels under the control of the
Maritime Administration or private vessels under Untied
States registry, and through partnerships and cooperative
efforts with academic, public, private, and non-governmental
entities and facilities.
``(b) Requirements.--The Secretary of Transportation may--
``(1) identify, study, evaluate, test, demonstrate, or
improve emerging marine technologies and practices that are
likely to achieve environmental improvements by--
``(A) reducing air emissions, water emissions, or other
ship discharges;
``(B) increasing fuel economy or the use of alternative
fuels and alternative energy (including the use of shore
power); or
``(C) controlling aquatic invasive species; and
``(2) coordinate with the Environmental Protection Agency,
the United States Coast Guard, and other Federal, State,
local, or tribal agencies, as appropriate.
``(c) Coordination.--Coordination under subsection (b)(2)
may include--
``(1) activities that are associated with the development
or approval of validation and testing regimes; and
``(2) certification or validation of emerging technologies
or practices that demonstrate significant environmental
benefits.
``(d) Assistance.--The Secretary of Transportation may
accept gifts, or enter into cooperative agreements,
contracts, or other agreements with academic, public,
private, and non-governmental entities to carry out the
activities authorized under subsection (a).''.
(b) Conforming Amendment.--The table of contents for
chapter 503 of title 46, United States Code, is amended by
inserting after the item relating to section 50306 the
following:
``50307. Maritime environmental and technical assistance.''.
SEC. 3505. IDENTIFICATION OF ACTIONS TO ENABLE QUALIFIED
UNITED STATES FLAG CAPACITY TO MEET NATIONAL
DEFENSE REQUIREMENTS.
Section 501(b) of title 46, United States Code, is
amended--
(1) by striking ``When the head'' and inserting the
following:
``(1) In general.--When the head''; and
(2) by adding at the end the following:
``(2) Determinations.--The Maritime Administrator shall--
``(A) for each determination referred to in paragraph (1),
identify any actions that could be taken to enable qualified
United States flag capacity to meet national defense
requirements;
``(B) provide notice of each such determination to the
Secretary of Transportation and the head of the agency
referred to in paragraph (1) for which the determination is
made; and
``(C) publish each such determination on the Internet Web
site of the Department of Transportation not later than 48
hours after notice of the determination is provided to the
Secretary of Transportation.
``(3) Notice to congress.--
``(A) In general.--The head of an agency referred to in
paragraph (1) shall notify the
[[Page S7340]]
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
``(i) of any request for a waiver of the navigation or
vessel-inspection laws under this section not later than 48
hours after receiving such a request; and
``(ii) of the issuance of any such waiver not later than 48
hours after such issuance.
``(B) Contents.--Such head of an agency shall include in
each notification under subparagraph (A)(ii) an explanation
of--
``(i) the reasons the waiver is necessary; and
``(ii) the reasons actions referred to in paragraph (2)(A)
are not feasible.''.
SEC. 3506. MARITIME WORKFORCE STUDY.
(a) Training Study.--The Comptroller General of the United
States shall conduct a study on the training needs of the
maritime workforce.
(b) Study Components.--The study shall--
(1) analyze the impact of maritime training requirements
imposed by domestic and international regulations and
conventions, companies, and government agencies that charter
or operate vessels;
(2) evaluate the ability of the United States maritime
training infrastructure to meet the needs of the maritime
industry;
(3) identify trends in maritime training;
(4) compare the training needs of United States mariners
with the vocational training and educational assistance
programs available from Federal agencies to evaluate the
ability of Federal programs to meet the training needs of
United States mariners;
(5) include recommendations to enhance the capabilities of
the United States maritime training infrastructure; and
(6) include recommendations to assist United States
mariners and those entering the maritime profession to
achieve the required training.
(c) Final Report.--Not later than 1 year after the date of
enactment of this title, the Comptroller General shall submit
a report on the results of the study to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
SEC. 3507. MARITIME ADMINISTRATION VESSEL RECYCLING CONTRACT
AWARD PRACTICES.
(a) In General.--Not later than 12 months after the date of
enactment of this title, the Comptroller General of the
Government Accountability Office shall conduct an assessment
of the source selection procedures and practices used to
award the Maritime Administration's National Defense Reserve
Fleet vessel recycling contracts. The Comptroller General
shall assess the process, procedures, and practices used for
the Maritime Administration's qualification of vessel
recycling facilities. The Comptroller General shall report
the findings to the Committee on Commerce, Science, and
Transportation and the Committee on Armed Services of the
Senate, and the Committee on Transportation and
Infrastructure and the Committee on Armed Services of the
House of Representatives.
(b) Assessment.--The assessment under subsection (a) shall
include a review of whether the Maritime Administration's
contract source selection procedures and practices are
consistent with law, the Federal Acquisition Regulations
(FAR), and Federal best practices associated with making
source selection decisions.
(c) Considerations.--In making the assessment under
subsection (a), the Comptroller General may consider any
other aspect of the Maritime Administration's vessel
recycling process that the Comptroller General deems
appropriate to review.
SEC. 3508. REQUIREMENT FOR BARGE DESIGN.
Not later than 270 days after the date of enactment of this
title, the Administrator of the Maritime Administration shall
complete the design for a containerized, articulated barge,
as identified in the dual-use vessel study carried out by the
Administrator and the Secretary of Defense, that is able to
utilize roll-on/roll-off or load-on/load-off technology in
marine highway maritime commerce.
SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS TRAINING EQUIPMENT.
Section 51103(b)(2)(C) of title 46, United States Code, is
amended by inserting ``or a training institution that is an
instrumentality of a State, Territory, or Commonwealth of the
United States or District of Columbia or a unit of local
government thereof'' after ``a non-profit training
institution''.
amendment no. 3047, as modified
At the end of subtitle D of title VI, add the following:
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT-RELATED
SPECIAL COMPENSATION FOR CHAPTER 61 DISABILITY
RETIREES.
(a) In General.--Section 1413a(b)(3) of title 10, United
States Code, is amended by striking ``shall be reduced by the
amount (if any) by which the amount of the member's retired
pay under chapter 61 of this title exceeds'' both places it
appears and inserting ``may not, when combined with the
amount of retired pay payable to the retiree after any such
reduction under sections 5304 and 5305 of title 38, cause the
total of such combined payment to exceed''.
(b) Effective Date.--The amendments made by this section
shall take effect on January 1, 2013, and shall apply to
payments for months beginning on or after that date.
Mr. LEVIN. I yield the floor and thank all our colleagues for their
cooperation. We will continue until vote on final passage, which we
expect tomorrow, to clear additional amendments.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. Madam President, we continue, after a few hours' pause
today because of the objection of one Senator by long distance. But I
am very confident, with the cooperation of our colleagues, we can
finish this amendment process tomorrow, and I hope we can have the
cooperation of all our colleagues.
We have tried very hard to make sure every amendment gets
consideration and is brought up. We have now approved well over 100
amendments, and I think most Members have had at least one amendment
approved so far. So I hope we can continue the cooperation and we can
finish this bill tomorrow.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. McCAIN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. Tomorrow, a vote is scheduled on the Convention on the
Rights of Persons with Disabilities, and I would like to take a few
minutes to talk about the upcoming vote.
The first thing I think we ought to understand is this is not
anybody's treaty. It is not President Obama's treaty. It is not John
Kerry's treaty. It is not even Bob Dole's treaty, although he certainly
is the person who has been deeply involved.
The vote on the treaty is the right thing to do on its merits. It is
important to note a list of veterans groups in support.
I have not forgotten that 36 Republicans signed a letter opposing
consideration of any treaty during the lameduck, but there is no reason
we shouldn't have a vote. The letter says they would oppose
consideration, but we did have the motion to proceed. Some may be
worried about passing a treaty in the lameduck session. The argument
has no basis in the Constitution or Senate practice. Since the 1970s
alone, the Senate has approved treaties during lameduck sessions a
total of 19 times. There is nothing special or different about lameduck
sessions. So I would like to address a few of the misconceptions about
the treaty that I keep hearing.
It is true that the treaty establishes a committee, but that
committee has exceedingly limited powers. It can review reports
submitted by countries on the steps they have taken to implement the
convention, and it can make nonbinding recommendations for additional
steps, and that is it, nothing else. It can't require our Federal or
State governments or courts to take any action. There is no threat to
the United States or our sovereignty from the committee.
With respect to abortion, this is a disabilities treaty. It has
nothing to do with abortion and doesn't change our law on abortion in
any way. Trying to turn this into an abortion debate is wrong on
substance and bad politics.
I have heard people say that ratifying the disabilities convention
would take decisions out of parents' hands and let the U.N. or the
Federal Government decide what is best for our children. That is just
wrong. The treaty doesn't give the Federal Government or any State
government new powers with regard to children with disabilities. The
treaty cannot be used as a basis for a lawsuit in State or Federal
court.
Former Attorney General Dick Thornburgh made this crystal clear in
his testimony before the Senate Foreign Relations Committee and in
every conversation that I have had with him. I wouldn't support the
treaty if it were any other way.
So let's take a step back and look at how this looks if America
rejects this treaty. China has joined. Russia has joined. We are the
country that set the standards on rights of the disabled. We want
everybody to play by international rules. We lose credibility if we
turn around and refuse to participate
[[Page S7341]]
in a treaty that merely asks other nations to live up to our standards
and our rules.
We received a letter from the blind Chinese dissident Chen Cuangcheng
talking about the plight of the disabled around the world and what a
strong message it would send if the United States ratified this treaty.
There is no reason we can't say we lived up to our obligations. We need
to step up and do the right thing--for Bob Dole and our veterans
throughout the world.
I ask unanimous consent to have printed in the Record a copy of a
letter from the internationally known blind Chinese dissident who,
thank God, miraculously recently left China through the efforts of our
State Department and our government.
There being no objection, the material was ordered to be printed in
the Record as follows:
November 26, 2012.
Hon. John Kerry,
Chair, Senate Foreign Relations Committee, U.S. Senate,
Washington, DC.
Hon. Richard Lugar,
Ranking Member, Senate Foreign Relations Committee, U.S.
Senate, Washington, DC.
Dear Senators, I am writing you to personally ask for your
support for the Convention on the Rights of Persons with
Disabilities (CRPD). As you know, my work on civil rights
began with trying to ensure that people with disabilities in
my home country of China were afforded the same rights as
everyone else. The CRPD is making this idea real in
significant ways around the world today. Worldwide, there are
over 1 billion people with disabilities--and 80% of them live
in developing countries. Disability rights is an issue that
the world cannot afford to overlook.
When the United States enacted the Americans with
Disabilities Act over twenty years ago, the idea of true
equality for people with disabilities became a reality. Many
nations have followed in America's footsteps and now are
coming together under shared principles of equality, respect
and dignity for people with disabilities as entailed in the
CRPD. The U.S.--which was instrumental in negotiating the
CRPD--can continue to advance both its principles and issues
of practical accessibility for its citizens and all people
around the world, and by ratifying the treaty, so take its
rightful place of leadership in the arena of human rights.
As I continue my studies in the United States, it is a
great pleasure to now learn firsthand how the U.S. developed
such a comprehensive and strong system of protection for its
citizens with disabilities. I am so hopeful that you will
support ratification and allow others to benefit from these
triumphs. Thank you for your leadership.
Sincerely,
Chen Guangcheng.
Mr. McCAIN. I will read from his letter:
When the United States enacted the Americans with
Disabilities Act over twenty years ago, the idea of true
equality for people with disabilities became a reality. Many
nations have followed in America's footsteps and now are
coming together under shared principles of equality, respect,
and dignity for people with disabilities as entailed in the
CRPD. The U.S.--which was instrumental in negotiating the
CRPD--can continue to advance both its principles and issues
of practical accessibility for its citizens and all people
around the world, and by ratifying the treaty, so take its
rightful place of leadership in the arena of human rights.
And he concludes:
As I continue my studies in the United States, it is a
great pleasure to now learn firsthand how the U.S. developed
such a comprehensive and strong system of protection for its
citizens with disabilities. I am so hopeful that you will
support ratification and allow others to benefit from these
triumphs. Thank you for your leadership.
I couldn't say it with any more passion nor any more authority.
I yield the floor.
Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BROWN of Ohio. Madam President, I ask unanimous consent the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWN of Ohio. Madam President, I ask unanimous consent to speak
as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. BROWN of Ohio. Madam President, I rise to address an issue that
concerns families and children and veterans and so many children in
North Carolina and Ohio and around the country and around the world. I
rise for millions of Americans, family members friends, loved ones, and
colleagues who experience some level of disability.
People living with disabilities have long been isolated, pushed to
the margins of society. An example of that is America's deaf community.
The deaf community strongly supports this treaty. Gallaudet University
is a university founded in 1864 by an act of Congress, the charter
signed by President Lincoln. The university shows that people with
disabilities are capable of doing so much more to enrich our culture. I
sit on the board, the only Senator in this body who sits on the board
of Gallaudet, this great university. It is the only one of its kind in
the world. It is close to 150 years old. We know how important it is.
Many students at Gallaudet from other countries want to be able to go
home to the same kinds of accessibility they have experienced while
studying in the United States, but they do not have it in far too many
places. A recent State Department report found that people with
disabilities remain one of the groups most at risk of being trafficked.
That should spur all of us to do what we can to ensure that every human
being has the chance to reach her or his God-given potential.
Yet too many people with disabilities around the world and Americans
abroad lack this protection. This includes being forced into low-wage
employment, being forced to beg for meals, being less likely to have
access to transportation and the justice system in whatever country
they happen to be located.
In America, we fought to pass the Americans With Disabilities Act,
and we lead the world in services and accessibility for disabled
people. We passed it because democracy is only as vibrant as it is open
to the participation of all citizens. That is why I was proud to
cosponsor critical amendments to the ADA, the Americans With
Disabilities Act, to make the definition of disability more inclusive.
We fought hard for the ADA Amendments Act of 2008 because access to a
good-paying job, to public transportation, to public accommodation
should be universal.
Some detractors say Americans are taken care of here at home; why
should we worry about discrimination that disabled people in other
countries might suffer? Dr. King wrote in ``Letter from the Birmingham
Jail'' that:
Injustice anywhere is a threat to justice everywhere.
He explained that:
We are caught in an inescapable network of mutuality, tied
in a single garment of destiny. Whatever affects one
directly, affects all indirectly.
If we are to maintain our global leadership, if we believe in
American exceptionalism, and if we are to strengthen our moral
leadership, then surely we must ratify treaty No. 112-7 in support of
the Convention on the Rights of Persons with Disabilities.
This is not a liberal or conservative issue. It is not a Republican
or Democrat issue. This is a cause for people who fight for what is
right. That is why some 300 organizations support ratification,
including the Leadership Conference on Civil and Human Rights, the
Wounded Warrior Project, the Hindu American Foundation, the Islamic
Society of North America, the Jewish Federation of North America, the
National Catholic Social Justice Lobby, the African Methodist Episcopal
Church, and Veterans of Foreign Wars.
Let me share a couple letters. Bernard from Franklin County, in the
center of my State, wrote:
I am concerned about recent grumblings . . . I have a lot
of regard for the ADA and a keen awareness of discrimination
against people with disabilities.
When will the Senate take up this U.N. Resolution? What can
I do to help convince oppositional Senators that this is an
important and necessary resolution for people with
disabilities, especially our Nation's veterans?
Bernard, my colleague on the other side of the aisle, Senator McCain,
former majority leader Bob Dole, both of whom served our country
honorably in the Armed Forces, and 21 veterans organizations agree with
you. Senator McCain wrote: ``Ratifying this treaty affirms our
leadership on disability rights and shows the rest of the world our
leadership commitment continues.''
This should be an opportunity for all Americans to come together and
show the world we are committed to ensuring the basic dignity of every
human being.
[[Page S7342]]
An advocate for people with disabilities, Deborah Kendrick of
Cincinnati, recently wrote that supporting the U.N. Convention on the
Rights of Persons with Disabilities is ``the good old-fashioned right
thing to do.''
She is absolutely right. The CRPD is an antidiscrimination treaty, a
civil rights issue, a human rights issue. It embraces the values of our
own Americans with Disabilities Act.
It will not affect U.S. law and does not infringe upon U.S.
sovereignty. Ratifying this treaty does allow us to reassert our
leadership globally on disability rights. It will give us a seat at the
table as parties to the convention grapple with how best to implement
it. This treaty is important for Americans with disabilities, including
soldiers and veterans when they work abroad, study abroad or simply
travel abroad. That is why I urge my colleagues to join in ratifying
this treaty, to stand up for people with disabilities in Ohio,
throughout America, and around the world.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. BROWN of Ohio. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________