[Congressional Record Volume 159, Number 161 (Wednesday, November 13, 2013)]
[Senate]
[Pages S8008-S8010]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2024. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3204, to amend the Federal Food, Drug, and 
Cosmetic Act with respect to human drug compounding and drug supply 
chain security, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRANSPARENCY OF COVERAGE DETERMINATION.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Chief Administrative Officer of 
     the House of Representatives and the Financial Clerk of the 
     Senate shall make publically available the determinations of 
     each member of the House of Representatives and each Senator, 
     as the case may be, regarding the designation of their 
     respective congressional staff (including leadership and 
     committee staff) as ``official'' for purposes of requiring 
     such staff to enroll in health insurance coverage provided 
     through an Exchange as required under section 1312(d)(1)(D) 
     of the Patient Protection and Affordable Care Act (42 U.S.C. 
     18032(d)(1)(D)), and the regulations relating to such 
     section.
       (b) Failure to Submit.--The failure by any member of the 
     House of Representatives or Senator to designate any of their 
     respective staff, whether committee or leadership staff, as 
     ``official'' (as described in subsection (a)), shall be noted 
     in the determination made publically available under 
     subsection (a) along with a statement that such failure 
     permits the staff involved to remain in the Federal Employee 
     Health Benefits Program.
       (c) Privacy.--Nothing in this Act shall be construed to 
     permit the release of any individually identifiable 
     information concerning any individual, including any health 
     plan selected by an individual.
                                 ______
                                 
  SA 2025. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 130, beginning on line 3, strike ``SKILLS AND 
     TRAINING REQUIRED FOR CIVILIAN CERTIFICATIONS AND LICENSES'' 
     and insert ``ELIGIBILITY, SKILLS, AND TRAINING REQUIRED FOR 
     CIVILIAN CERTIFICATIONS, CREDENTIALS, AND LICENSES''.
       On page 130, line 19, strike ``skills and training'' and 
     insert ``eligibility, skills, and training''.
       On page 131, line 11, insert ``eligibility and'' after 
     ``including''.
       On page 132, line 15, insert ``in connection with military 
     occupational specialites'' before the period.
                                 ______
                                 
  SA 2026. Mr. KAINE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. 1003. SENSE OF THE SENATE REGARDING REPORTING ON THE 
                   LONG-TERM BUDGETARY EFFECTS OF SEQUESTRATION.

       (a) Findings.--Congress finds that--
       (1) the reductions in discretionary appropriations and 
     direct spending accounts under section 251A of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901a) (in this section referred to as ``sequestration'') were 
     never intended to take effect;
       (2) the readiness of the Nation's military is weakened by 
     sequestration;
       (3) sequestration has budgetary and cost impacts beyond the 
     programmatic level; and
       (4) there is limited information about these indirect costs 
     to the Federal Government.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the Office of Management and Budget should establish a 
     task force to report on the long-term budgetary costs and 
     effects of sequestration, including on procurement activities 
     and contracts with the Federal Government.
                                 ______
                                 
  SA 2027. Mr. INHOFE (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1197, to 
authorize appropriations for fiscal year 2014 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 1032.
                                 ______
                                 
  SA 2028. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1033 and insert the following:

     SEC. 1033. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER 
                   OR RELEASE OF INDIVIDUALS DETAINED AT UNITED 
                   STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

       None of the funds authorized to be appropriated by this Act 
     for fiscal year 2014 may

[[Page S8009]]

     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 2029. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1031 and insert the following:

     SEC. 1031. REQUIREMENTS FOR CERTIFICATIONS RELATING TO THE 
                   TRANSFER OF DETAINEES AT UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA, TO FOREIGN 
                   COUNTRIES AND OTHER FOREIGN ENTITIES.

       (a) Certification Required Prior to Transfer.--
       (1) In general.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise available 
     to the Department of Defense for fiscal year 2014 to transfer 
     any individual detained at Guantanamo to the custody or 
     control of the individual's country of origin, any other 
     foreign country, or any other foreign entity unless the 
     Secretary submits to Congress the certification described in 
     subsection (b) not later than 30 days before the transfer of 
     the individual.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (b) Certification.--A certification described in this 
     subsection is a written certification made by the Secretary 
     of Defense, with the concurrence of the Secretary of State 
     and in consultation with the Director of National 
     Intelligence, that--
       (1) the government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (A) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (B) maintains control over each detention facility in which 
     the individual is to be detained if the individual is to be 
     housed in a detention facility;
       (C) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (D) has taken or agreed to take effective actions to ensure 
     that the individual cannot take action to threaten the United 
     States, its citizens, or its allies in the future;
       (E) has taken or agreed to take such actions as the 
     Secretary of Defense determines are necessary to ensure that 
     the individual cannot engage or reengage in any terrorist 
     activity; and
       (F) has agreed to share with the United States any 
     information that--
       (i) is related to the individual or any associates of the 
     individual; and
       (ii) could affect the security of the United States, its 
     citizens, or its allies; and
       (2) includes an assessment, in classified or unclassified 
     form, of the capacity, willingness, and past practices (if 
     applicable) of the foreign country or entity in relation to 
     the Secretary's certifications.
       (c) Prohibition in Cases of Prior Confirmed Recidivism.--
       (1) Prohibition.--Except as provided in paragraph (2) and 
     subsection (d), the Secretary of Defense may not use any 
     amounts authorized to be appropriated or otherwise made 
     available to the Department of Defense to transfer any 
     individual detained at Guantanamo to the custody or control 
     of the individual's country of origin, any other foreign 
     country, or any other foreign entity if there is a confirmed 
     case of any individual who was detained at United States 
     Naval Station, Guantanamo Bay, Cuba, at any time after 
     September 11, 2001, who was transferred to such foreign 
     country or entity and subsequently engaged in any terrorist 
     activity.
       (2) Exception.--Paragraph (1) shall not apply to any action 
     taken by the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction 
     (which the Secretary shall notify Congress of promptly after 
     issuance).
       (d) National Security Waiver.--
       (1) In general.--The Secretary of Defense may waive the 
     applicability to a detainee transfer of a certification 
     requirement specified in subparagraph (D) or (E) of 
     subsection (b)(1), or the prohibition in subsection (c), if 
     the Secretary certifies the rest of the criteria required by 
     subsection (b) for transfers prohibited by (c) and, with the 
     concurrence of the Secretary of State and in consultation 
     with the Director of National Intelligence, determines that--
       (A) alternative actions will be taken to address the 
     underlying purpose of the requirement or requirements to be 
     waived;
       (B) in the case of a waiver of subparagraph (D) or (E) of 
     subsection (b)(1), it is not possible to certify that the 
     risks addressed in the paragraph to be waived have been 
     completely eliminated, but the actions to be taken under 
     subparagraph (A) will substantially mitigate such risks with 
     regard to the individual to be transferred;
       (C) in the case of a waiver of subsection (c), the 
     Secretary has considered any confirmed case in which an 
     individual who was transferred to the country subsequently 
     engaged in terrorist activity, and the actions to be taken 
     under subparagraph (A) will substantially mitigate the risk 
     of recidivism with regard to the individual to be 
     transferred; and
       (D) the transfer is in the national security interests of 
     the United States.
       (2) Reports.--Whenever the Secretary makes a determination 
     under paragraph (1), the Secretary shall submit to the 
     appropriate committees of Congress, not later than 30 days 
     before the transfer of the individual concerned, the 
     following:
       (A) A copy of the determination and the waiver concerned.
       (B) A statement of the basis for the determination, 
     including--
       (i) an explanation why the transfer is in the national 
     security interests of the United States;
       (ii) in the case of a waiver of paragraph (D) or (E) of 
     subsection (b)(1), an explanation why it is not possible to 
     certify that the risks addressed in the paragraph to be 
     waived have been completely eliminated; and
       (iii) a classified summary of--

       (I) the individual's record of cooperation while in the 
     custody of or under the effective control of the Department 
     of Defense; and
       (II) the agreements and mechanisms in place to provide for 
     continuing cooperation.

       (C) A summary of the alternative actions to be taken to 
     address the underlying purpose of, and to mitigate the risks 
     addressed in, the paragraph or subsection to be waived.
       (D) The assessment required by subsection (b)(2).
       (e) Record of Cooperation.--In assessing the risk that an 
     individual detained at Guantanamo will engage in terrorist 
     activity or other actions that could affect the security of 
     the United States if released for the purpose of making a 
     certification under subsection (b) or a waiver under 
     subsection (d), the Secretary of Defense may give favorable 
     consideration to any such individual--
       (1) who has substantially cooperated with United States 
     intelligence and law enforcement authorities, pursuant to a 
     pre-trial agreement, while in the custody of or under the 
     effective control of the Department of Defense; and
       (2) for whom agreements and effective mechanisms are in 
     place, to the extent relevant and necessary, to provide for 
     continued cooperation with United States intelligence and law 
     enforcement authorities.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services, the Committee on 
     Appropriations, and the Select Committee on Intelligence of 
     the Senate; and
       (B) the Committee on Armed Services, the Committee on 
     Appropriations, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
       (2) The term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the control of the Department 
     of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (3) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
                                 ______
                                 
  SA 2030. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel 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. 1035. PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY 
                   FACILITIES IN THE UNITED STATES TO HOUSE 
                   DETAINEES TRANSFERRED FROM UNITED STATES NAVAL 
                   STATION, GUANTANAMO BAY, CUBA.

       (a) In General.--No amounts authorized to be appropriated 
     or otherwise made available for fiscal year 2014 by this Act 
     or any other Act may be used to construct or modify any

[[Page S8010]]

     facility in the United States, its territories, or 
     possessions to house any individual detained at Guantanamo 
     for the purposes of detention or imprisonment in the custody 
     or under the control of the Department of Defense unless 
     authorized by Congress.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to any modification of facilities at United States 
     Naval Station, Guantanamo Bay, Cuba.
       (c) Individual Detained at Guantanamo Defined.--In this 
     section, the term ``individual detained at Guantanamo'' means 
     any individual located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) the custody or under the control of the Department of 
     Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
                                 ______
                                 
  SA 2031. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1197, to authorize appropriations for fiscal year 
2014 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 646. SPECIAL ASSISTANCE FOR GOLD STAR SPOUSES AND 
                   DEPENDENTS.

       (a) Gold Star Family Advocates.--
       (1) Advocates required.--Each Secretary of a military 
     department shall designate for each Armed Force under the 
     jurisdiction of such Secretary a member of such Armed Force 
     or civilian employee of such military department to act as an 
     advocate for spouses and dependents of members of such Armed 
     Force (including members of the National Guard or Reserve of 
     such Armed Force, as applicable) who die on active duty in 
     the Armed Forces. The individual so designated shall be known 
     as the ``Gold Star Advocate'' for the Armed Force concerned.
       (2) Duty as ombudsman.--An individual designated as a Gold 
     Star Advocate for an Armed Force pursuant to paragraph (1) 
     shall serve as the ombudsman for spouses and dependents of 
     members of such Armed Force who die on active duty in the 
     Armed Forces with respect to complaints regarding casualty 
     assistance or receipt of benefits authorized by law for 
     spouses and dependents of members of the Armed Forces who die 
     on active duty in the Armed Forces. In performing such duty, 
     an individual may do the following:
       (A) Address complaints by spouses and dependents, and 
     provide support, regarding such casualty assistance or 
     receipt of such benefits.
       (B) Make reports to appropriate officers or officials in 
     the Department of Defense or the military department 
     concerned regarding resolution of such complaints, including 
     recommendations regarding the settlement of claims with 
     respect to such benefits, as appropriate.
       (C) Perform such other actions as the Secretary of the 
     military department concerned considers appropriate.
       (b) Training for Casualty Assistance Personnel.--
       (1) Training program required.--The Secretary of Defense 
     shall implement a standardized comprehensive training program 
     on casualty assistance for the following personnel of the 
     Department of Defense:
       (A) Casualty assistance officers.
       (B) Casualty assistance calls officers.
       (C) Casualty assistance representatives.
       (2) General elements.--The training program required by 
     paragraph (1) shall include training designed to ensure that 
     the personnel specified in that paragraph provide spouses of 
     members of the Armed Forces who die on active duty in the 
     Armed Forces with accurate information on the benefits to 
     which they are entitled and other appropriate casualty 
     assistance following the death of such members on active 
     duty.
       (3) Service-specific elements.--The Secretary of the 
     military department concerned may, in coordination with the 
     Secretary of Defense, provide for the inclusion in the 
     training program required by paragraph (1) that is provided 
     to casualty assistance personnel of such military department 
     such elements of training that are specific or unique to the 
     requirements or particulars of the Armed Forces under the 
     jurisdiction of such military department as the Secretary of 
     the military department concerned considers appropriate.
       (4) Frequency of training.--Training shall be provided 
     under the program required by paragraph (1) not less often 
     than annually.

                          ____________________