[Congressional Record Volume 160, Number 115 (Tuesday, July 22, 2014)]
[Senate]
[Pages S4714-S4717]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3575. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of 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 S4715]]

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

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

     SEC. 141. SENSE OF CONGRESS ON PROCUREMENT OF ADVANCED THREAT 
                   EMITTERS.

       It is the sense of Congress that--
       (1) the Joint Threat Emitter system provides vital 
     electronic warfare training for combat aircrews by simulating 
     the multiple threat scenarios of a hostile integrated air 
     defense system; and
       (2) the Department of the Air Force should prioritize the 
     acquisition of the Joint Threat Emitter system beyond the one 
     unit requested in the President's fiscal year 2015 budget and 
     evaluate ways to accelerate the fielding of these systems.
                                 ______
                                 
  SA 3576. Mr. KAINE (for himself and Mr. King) submitted an amendment 
intended to be proposed by him to the bill S. 2410, to authorize 
appropriations for fiscal year 2015 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 531 and insert the following:

     SEC. 531. ENHANCEMENT OF AUTHORITY FOR MEMBERS OF THE ARMED 
                   FORCES TO OBTAIN PROFESSIONAL CREDENTIALS.

       (a) In General.--Paragraph (1) of subsection (a) of section 
     2015 of title 10, United States Code, is amended by striking 
     ``professional accreditation'' and all that follows through 
     ``certification'' and inserting ``State-imposed licenses, 
     Federal occupational licenses, and professional 
     certification''.
       (b) Limitations.--Subsection (b) of such section is 
     amended--
       (1) by inserting ``(1)'' before ``The authority'';
       (2) by adding at the end the following new paragraphs:
       ``(2) The authority under subsection (a) may not be used to 
     pay the expenses of a member to obtain professional 
     credentials unless such credentials are recognized and 
     approved by the armed force concerned as necessary to meet--
       ``(A) readiness requirements or professional occupational 
     development goals of such armed force; or
       ``(B) the self-development requirements of the member.
       ``(3) Except as provided in paragraph (4), the authority 
     under subsection (a) may not be used to pay the expenses of 
     obtaining professional credentials unless--
       ``(A) such credentials are accredited under International 
     Organization for Standardization/International Commission 
     (ISO/IEC) Standard 17024-2012, entitled `General Requirements 
     for Bodies Operating Certification of Persons'; and
       ``(B) the entity accrediting such credentials provides 
     documentary evidence to the Secretary of Defense that it 
     complies International Organization for Standardization/
     International Commission Standard 17011, entitled `Conformity 
     assessment-General requirements for accreditation bodies 
     accrediting conformity assessment bodies'.
       `` `(4) During the three-year period beginning on the date 
     of the authorization of the Credentialing agency by the 
     Department of Defense, the authority under subsection (a) may 
     be used to pay the expenses of obtaining professional 
     credentials from an entity not complying with the Standards 
     referred to in paragraph (3) if the entity certifies in 
     writing to the Secretary of Defense that the entity agrees to 
     seek to obtain certification of compliance with the Standards 
     before the end of such period.'.
       (c) Funds Available.--Such section is further amended--
       (1) in subsection (a), by striking ``may pay'' in the 
     matter preceding paragraph (1) and inserting ``may, using 
     funds described in subsection (c), pay''; and
       (2) by adding at the end the following new subsection:
                                 ______
                                 
  SA 3577. Mr. BOOZMAN submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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. 1268. SENSE OF CONGRESS ON EFFORTS TO REMOVE JOSEPH KONY 
                   FROM THE BATTLEFIELD AND END THE ATROCITIES OF 
                   THE LORD'S RESISTANCE ARMY.

       Consistent with the provisions of the Lord's Resistance 
     Army Disarmament and Northern Uganda Recovery Act of 2009 
     (Public Law 111-172), it is the sense of Congress that--
       (1) the ongoing United States advise and assist operation 
     in support of regional governments in Central Africa and the 
     African Union to remove Joseph Kony and his top commanders 
     from the battlefield and end atrocities perpetuated by the 
     Lord's Resistance Army, also known as Operation Observant 
     Compass, has made significant progress in achieving its 
     objectives;
       (2) the Department of Defense should continue its support 
     of Operation Observant Compass, particularly through the 
     provision of key enablers, such as mobility assets and 
     targeted intelligence collection and analytical support, to 
     enable regional partners to effectively conduct operations 
     against Joseph Kony and the Lord's Resistance Army;
       (3) Operation Observant Compass must be integrated into a 
     comprehensive strategy to support security and stability in 
     the region; and
       (4) the regional governments should recommit themselves to 
     the Regional Cooperation Initiative for the Elimination of 
     the Lord's Resistance Army authorized by the African Union.
                                 ______
                                 
  SA 3578. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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. 1047. USE OF SPECIAL USE AIRSPACE BY NON-DEPARTMENT OF 
                   DEFENSE DEPARTMENTS AND AGENCIES OF THE FEDERAL 
                   GOVERNMENT.

       The Secretary of Defense, or the designee of the Secretary, 
     may authorize use of Special Use Airspace by any department 
     or agency of the Federal Government if the use of such 
     Airspace by such department or agency--
       (1) either--
       (A) directly supports the Department of Defense;
       (B) provides a direct or indirect benefit to the 
     Department; or
       (C) directly supports a specific national security 
     interest; and
       (2) does not interfere with the assigned mission of the 
     commander of the installation, or the use, for which such 
     Special Use Airspace was established.
                                 ______
                                 
  SA 3579. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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. 830. PROHIBITION ON CONTRACTS WITH INVERTED DOMESTIC 
                   CORPORATIONS.

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

     ``Sec. 2338. Prohibition on contracts with inverted domestic 
       corporations

       ``(a) In General.--The head of an agency may not enter into 
     any contract with any foreign incorporated entity which is 
     treated as an inverted domestic corporation or any subsidiary 
     of such entity.
       ``(b) Definition of Inverted Domestic Corporation.--
       ``(1) In general.--For purposes of this section, a foreign 
     incorporated entity shall be treated as an inverted domestic 
     corporation if, pursuant to a plan (or a series of related 
     transactions)--
       ``(A) the entity has, directly or indirectly, acquired--
       ``(i) most of the properties held directly or indirectly by 
     a domestic corporation; or
       ``(ii) most of the assets of, or most of the properties 
     constituting a trade or business of, a domestic partnership; 
     and
       ``(B) either--
       ``(i) after the acquisition at least 50 percent of the 
     stock (by vote or value) of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation; or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership; or

       ``(ii)(I) the expanded affiliated group which after the 
     acquisition conducts most of its business activities in the 
     United States; and
       ``(II) the management and control of the entity (or of any 
     other member of the expanded affiliated group which after the 
     acquisition includes the entity and to which this subclause 
     applies under regulations prescribed by the Secretary of the 
     Treasury or the Secretary's delegate) occurs, directly or 
     indirectly, mostly within the United States.
       ``(2) Management and control.--
       ``(A) In general.--For purposes of subclause (II) of 
     paragraph (1)(B)(ii), the Secretary of the Treasury (or the 
     Secretary's delegate) shall prescribe regulations for 
     purposes of determining cases in which the management and 
     control of an entity is to be

[[Page S4716]]

     treated as occurring mostly within the United States.
       ``(B) Executive officers and senior management.--The 
     regulations prescribed under subparagraph (A) shall provide 
     that--
       ``(i) the management and control of an entity shall be 
     treated as occurring mostly within the United States if most 
     of the executive officers and senior management of the entity 
     who exercise day-to-day responsibility for making decisions 
     involving strategic, financial, and operational policies of 
     the entity are located mostly within the United States; and
       ``(ii) individuals who are not executive officers and 
     senior management of the entity (including individuals who 
     are officers or employees of other members of the expanded 
     affiliated group which includes the entity) shall be treated 
     as executive officers and senior management if such 
     individuals exercise the day-to-day responsibilities of the 
     entity described in clause (i).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 2337 the following new item:

``2338. Prohibition on contracts with inverted domestic 
              corporations.''.
                                 ______
                                 
  SA 3580. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 2410, to authorize appropriations for fiscal year 
2015 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military 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. 830. PROHIBITION ON CONTRACTS WITH INVERTED DOMESTIC 
                   CORPORATIONS.

       (a) Civilian Contracts.--
       (1) In general.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4713. Prohibition on contracts with inverted domestic 
       corporations

       ``(a) In General.--The head of an executive agency may not 
     enter into any contract with any foreign incorporated entity 
     which is treated as an inverted domestic corporation or any 
     subsidiary of such entity.
       ``(b) Definition of Inverted Domestic Corporation.--
       ``(1) In general.--For purposes of this section, a foreign 
     incorporated entity shall be treated as an inverted domestic 
     corporation if, pursuant to a plan (or a series of related 
     transactions)--
       ``(A) the entity has, directly or indirectly, acquired--
       ``(i) most of the properties held directly or indirectly by 
     a domestic corporation; or
       ``(ii) most of the assets of, or most of the properties 
     constituting a trade or business of, a domestic partnership; 
     and
       ``(B) either--
       ``(i) after the acquisition at least 50 percent of the 
     stock (by vote or value) of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation; or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership; or

       ``(ii)(I) the expanded affiliated group which after the 
     acquisition conducts most of its business activities in the 
     United States; and
       ``(II) the management and control of the entity (or of any 
     other member of the expanded affiliated group which after the 
     acquisition includes the entity and to which this subclause 
     applies under regulations prescribed by the Secretary of the 
     Treasury or the Secretary's delegate) occurs, directly or 
     indirectly, mostly within the United States.
       ``(2) Management and control.--
       ``(A) In general.--For purposes of subclause (II) of 
     paragraph (1)(B)(ii), the Secretary of the Treasury (or the 
     Secretary's delegate) shall prescribe regulations for 
     purposes of determining cases in which the management and 
     control of an entity is to be treated as occurring mostly 
     within the United States.
       ``(B) Executive officers and senior management.--The 
     regulations required under subparagraph (A) shall provide 
     that--
       ``(i) the management and control of an entity shall be 
     treated as occurring mostly within the United States if most 
     of the executive officers and senior management of the entity 
     who exercise day-to-day responsibility for making decisions 
     involving strategic, financial, and operational policies of 
     the entity are located mostly within the United States; and
       ``(ii) individuals who are not executive officers and 
     senior management of the entity (including individuals who 
     are officers or employees of other members of the expanded 
     affiliated group which includes the entity) shall be treated 
     as executive officers and senior management if such 
     individuals exercise the day-to-day responsibilities of the 
     entity described in clause (i).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 4712 the following new item:

``4713. Prohibition on contracts with inverted domestic 
              corporations.''.
       (b) Defense Contracts.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2338. Prohibition on contracts with inverted domestic 
       corporations

       ``(a) In General.--The head of an agency may not enter into 
     any contract with any foreign incorporated entity which is 
     treated as an inverted domestic corporation or any subsidiary 
     of such entity.
       ``(b) Definition of Inverted Domestic Corporation.--
       ``(1) In general.--For purposes of this section, a foreign 
     incorporated entity shall be treated as an inverted domestic 
     corporation if, pursuant to a plan (or a series of related 
     transactions)--
       ``(A) the entity has, directly or indirectly, acquired--
       ``(i) most of the properties held directly or indirectly by 
     a domestic corporation; or
       ``(ii) most of the assets of, or most of the properties 
     constituting a trade or business of, a domestic partnership; 
     and
       ``(B) either--
       ``(i) after the acquisition at least 50 percent of the 
     stock (by vote or value) of the entity is held--

       ``(I) in the case of an acquisition with respect to a 
     domestic corporation, by former shareholders of the domestic 
     corporation by reason of holding stock in the domestic 
     corporation; or
       ``(II) in the case of an acquisition with respect to a 
     domestic partnership, by former partners of the domestic 
     partnership by reason of holding a capital or profits 
     interest in the domestic partnership; or

       ``(ii)(I) the expanded affiliated group which after the 
     acquisition conducts most of its business activities in the 
     United States; and
       ``(II) the management and control of the entity (or of any 
     other member of the expanded affiliated group which after the 
     acquisition includes the entity and to which this subclause 
     applies under regulations prescribed by the Secretary of the 
     Treasury or the Secretary's delegate) occurs, directly or 
     indirectly, mostly within the United States.
       ``(2) Management and control.--
       ``(A) In general.--For purposes of subclause (II) of 
     paragraph (1)(B)(ii), the Secretary of the Treasury (or the 
     Secretary's delegate) shall prescribe regulations for 
     purposes of determining cases in which the management and 
     control of an entity is to be treated as occurring mostly 
     within the United States.
       ``(B) Executive officers and senior management.--The 
     regulations prescribed under subparagraph (A) shall provide 
     that--
       ``(i) the management and control of an entity shall be 
     treated as occurring mostly within the United States if most 
     of the executive officers and senior management of the entity 
     who exercise day-to-day responsibility for making decisions 
     involving strategic, financial, and operational policies of 
     the entity are located mostly within the United States; and
       ``(ii) individuals who are not executive officers and 
     senior management of the entity (including individuals who 
     are officers or employees of other members of the expanded 
     affiliated group which includes the entity) shall be treated 
     as executive officers and senior management if such 
     individuals exercise the day-to-day responsibilities of the 
     entity described in clause (i).''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item related to section 2337 the following new item:

``2338. Prohibition on contracts with inverted domestic 
              corporations.''.
                                 ______
                                 
  SA 3581. Mr. KAINE (for himself and Mr. King) submitted an amendment 
intended to be proposed by him to the bill S. 2410, to authorize 
appropriations for fiscal year 2015 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 531 and insert the following:

     SEC. 531. ENHANCEMENT OF AUTHORITY FOR MEMBERS OF THE ARMED 
                   FORCES TO OBTAIN PROFESSIONAL CREDENTIALS.

       (a) In General.--Paragraph (1) of subsection (a) of section 
     2015 of title 10, United States Code, is amended by striking 
     ``professional accreditation'' and all that follows through 
     ``certification'' and inserting ``State-imposed licenses, 
     Federal occupational licenses, and professional 
     certification''.
       (b) Limitations.--Subsection (b) of such section is 
     amended--
       (1) by inserting ``(1)'' before ``The authority'';
       (2) by adding at the end the following new paragraphs:
       ``(2) The authority under subsection (a) may not be used to 
     pay the expenses of a member to obtain professional 
     credentials unless such credentials are recognized and 
     approved by the armed force concerned as necessary to meet--
       ``(A) readiness requirements or professional occupational 
     development goals of such armed force; or
       ``(B) the self-development requirements of the member.
       ``(3) Except as provided in paragraph (4), the authority 
     under subsection (a) may not

[[Page S4717]]

     be used to pay the expenses of obtaining professional 
     credentials unless--
       ``(A) such credentials are accredited under International 
     Organization for Standardization/International Commission 
     (ISO/IEC) Standard 17024-2012, entitled `General Requirements 
     for Bodies Operating Certification of Persons'; and
       ``(B) the entity accrediting such credentials provides 
     documentary evidence to the Secretary of Defense that it 
     complies International Organization for Standardization/
     International Commission Standard 17011, entitled `Conformity 
     assessment-General requirements for accreditation bodies 
     accrediting conformity assessment bodies'.
       `` `(4) During the three-year period beginning on the date 
     of the authorization of the Credentialing agency by the 
     Department of Defense, the authority under subsection (a) may 
     be used to pay the expenses of obtaining professional 
     credentials from an entity not complying with the Standards 
     referred to in paragraph (3) if the entity certifies in 
     writing to the Secretary of Defense that the entity agrees to 
     seek to obtain certification of compliance with the Standards 
     before the end of such period.'.
       (c) Funds Available.--Such section is further amended--
       (1) in subsection (a), by striking ``may pay'' in the 
     matter preceding paragraph (1) and inserting ``may, using 
     funds described in subsection (c), pay''; and
       (2) by adding at the end the following new subsection:
       ``(c) Funds Available.--Payments may be made under the 
     authority under subsection (a) by the Secretary making such 
     payments from amounts available to such Secretary for tuition 
     assistance for members under the jurisdiction of such 
     Secretary. Payments for funds are not limited to eligible 
     programs, as that term is defined in section 481 of the 
     Higher Education Act of 1965 (20 U.S.C. 1088).''.
       (d) Covered Expenses.--Such section is further amended by 
     adding at the end the following new subsection:
       ``(d) Expenses Defined.--In this section, the term 
     `expenses' means expenses for class room instruction, hands-
     on training (and associated materials), manuals, study guides 
     and materials, text books, processing fees, and test fees and 
     related fees.''.

                          ____________________