[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[Senate]
[Pages 18103-18140]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1227. Mr. McCAIN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1080. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF 
                   DEFENSE SCIENCE AND TECHNOLOGY PROGRAMS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on unnecessary redundancies, 
     inefficiencies, and gaps in Department of Defense 6.1-6.3 
     Science and Technology (S&T) programs. The study shall--
       (1) focus on S&T programs within the Army, Navy, and Air 
     Force, as well as programs run by the Office of the Secretary 
     of Defense;
       (2) describe options for consolidation and cost-savings, if 
     any;
       (3) assess how the military departments and the Office of 
     the Secretary of Defense are aligning their programs with the 
     seven S&T strategic investment priorities identified by the 
     Assistant Secretary of Defense for Research and Engineering: 
     Data to Decisions, Engineered Resilient Systems, Cyber 
     Science and Technology, Electronic Warfare/Electronic 
     Protection, Counter Weapons of Mass Destruction, Autonomy, 
     and Human Systems; and
       (4) assess how the military departments and the Office of 
     the Secretary of Defense are coordinating efforts with 
     respect to duplicative programs, if any.
       (b) Report.--Not later than January 1, 2013, the 
     Comptroller General shall submit to the congressional defense 
     committees a report on the findings of the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 1228. Mr. McCAIN (for himself and Mr. Portman) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1080. COMPTROLLER GENERAL REPORT ON SCIENCE, TECHNOLOGY, 
                   ENGINEERING, AND MATH (STEM) INITIATIVES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study assessing Science, Technology, 
     Engineering, and Math (STEM) initiatives of the Department of 
     Defense. The study shall--
       (1) determine which programs are ineffective, and which are 
     unnecessarily redundant within the Department of Defense;
       (2) describe options for consolidation and elimination of 
     programs identified under paragraph (1); and
       (3) describe options for how the Department and other 
     Federal departments and

[[Page 18104]]

     agencies can work together on similar initiatives without 
     unnecessary duplication of funding.
       (b) Report.--Not later than January 1, 2013, the 
     Comptroller General shall submit to the congressional defense 
     committees a report on the findings of the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 1229. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1088. CYBERSECURITY COLLABORATION BETWEEN THE DEPARTMENT 
                   OF DEFENSE AND THE DEPARTMENT OF HOMELAND 
                   SECURITY.

       (a) Interdepartmental Collaboration.--
       (1) In general.--The Secretary of Defense and the Secretary 
     of Homeland Security shall provide personnel, equipment, and 
     facilities in order to increase interdepartmental 
     collaboration with respect to--
       (A) strategic planning for the cybersecurity of the United 
     States;
       (B) mutual support for cybersecurity capabilities 
     development; and
       (C) synchronization of current operational cybersecurity 
     mission activities.
       (2) Efficiencies.--The collaboration provided for under 
     paragraph (1) shall be designed--
       (A) to improve the efficiency and effectiveness of 
     requirements formulation and requests for products, services, 
     and technical assistance for, and coordination and 
     performance assessment of, cybersecurity missions executed 
     across a variety of Department of Defense and Department of 
     Homeland Security elements; and
       (B) to leverage the expertise of each individual Department 
     and to avoid duplicating, replicating, or aggregating 
     unnecessarily the diverse line organizations across 
     technology developments, operations, and customer support 
     that collectively execute the cybersecurity mission of each 
     Department.
       (b) Responsibilities.--
       (1) Department of homeland security.--The Secretary of 
     Homeland Security shall identify and assign, in coordination 
     with the Department of Defense, a Director of Cybersecurity 
     Coordination within the Department of Homeland Security to 
     undertake collaborative activities with the Department of 
     Defense.
       (2) Department of defense.--The Secretary of Defense shall 
     identify and assign, in coordination with the Department of 
     Homeland Security, one or more officials within the 
     Department of Defense to coordinate, oversee, and execute 
     collaborative activities and the provision of cybersecurity 
     support to the Department of Homeland Security.
                                 ______
                                 
  SA 1230. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 220, strike line 13 and all that follows through 
     page 221, line 6, and insert the following:
       ``(c) Cost-of-living Adjustment in Enrollment Fee.--(1)(A) 
     Whenever after September 30, 2012, and before October 1, 
     2013, the Secretary of Defense increases the retired pay of 
     members and former members of the armed forces pursuant to 
     section 1401a of this title, the Secretary shall increase the 
     amount of the fee payable for enrollment in TRICARE Prime by 
     an amount equal to the percentage of such fee payable on the 
     day before the date of the increase of such fee that is equal 
     to the percentage increase in such retired pay. In 
     determining the amount of the increase in such retired pay 
     for purposes of this subparagraph, the Secretary shall use 
     the amount computed pursuant to section 1401a(b)(2) of this 
     title.
       ``(B) Effective as of October 1, 2013, the Secretary shall 
     increase the amount of the fee payable for enrollment in 
     TRICARE Prime on an annual basis by a percentage equal to the 
     percentage of the most recent annual increase in the National 
     Health Expenditures per capita, as published by the Secretary 
     of Health and Human Services.
       ``(C) Any increase under this paragraph in the fee payable 
     for enrollment shall be effective as of October 1 following 
     the date on which such increase is made.
       ``(2) The Secretary shall publish in the Federal Register 
     the amount of the fee payable for enrollment in TRICARE Prime 
     whenever increased pursuant to this subsection.''.
       (b) Clarification of Application for 2013.--For purposes of 
     determining the enrollment fees for TRICARE Prime for 2013 
     under the first sentence of section 1097a(c) of title 10, 
     United States Code (as added by subsection (a)), the amount 
     of the enrollment fee in effect during 2012 shall be deemed 
     to be the following:
       (1) $260 for individual enrollment.
       (2) $520 for family enrollment.
                                 ______
                                 
  SA 1231. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 215. ADDITIONAL AMOUNT FOR RESEARCH, DEVELOPMENT, TEST, 
                   AND EVALUATION, ARMY FOR CONTINUATION OF 
                   INNOVATIVE RESEARCH ON ILLNESSES ASSOCIATED 
                   WITH SERVICE IN THE PERSIAN GULF WAR.

       The amount authorized to be appropriated by section 201 for 
     research, development, test, and evaluation for the Army is 
     hereby increased by $10,000,000, with the amount of the 
     increase to be available for Basic Research for the peer-
     reviewed Gulf War Illness Research Program of the Army run by 
     Congressionally Directed Medical Research Programs for the 
     continuation of innovative research on illnesses associated 
     with service in the Persian Gulf War in order to identify 
     effective treatments, improve definition and diagnosis, and 
     better understand pathobiology and symptoms.
                                 ______
                                 
  SA 1232. Mrs. HUTCHISON (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. SENSE OF SENATE ON RELOCATION OF HEADQUARTERS OF 
                   THE UNITED STATES AFRICA COMMAND TO THE 
                   CONTINENTAL UNITED STATES.

       It is the sense of the Senate that--
       (1) the headquarters and staff of the United States Africa 
     Command (AFRICOM) should be moved from their current location 
     in Stuttgart, Germany, to a more suitable location in the 
     continental United States;
       (2) the Secretary of Defense should seek to complete the 
     permanent relocation of the headquarters and staff of the 
     United States Africa Command to the continental United States 
     within a reasonable time, taking into account appropriate 
     strategic, logistic, and economic considerations; and
       (3) by not later than six months after the date of the 
     enactment of this Act, the Secretary of Defense should submit 
     to the congressional defense committees a report setting 
     forth--
       (A) a description of suitable locations in the continental 
     United States for the headquarters and staff of the United 
     States Africa Command; and
       (B) a plan for relocating those headquarters and staff from 
     Stuttgart, Germany, to the continental United States.
                                 ______
                                 
  SA 1233. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3124. SENSE OF CONGRESS ON MAINTAINING A DOMESTIC SOURCE 
                   OF ENRICHED URANIUM.

       It is the sense of Congress that the United States should 
     maintain a domestic source of enriched uranium to meet the 
     long-term tritium requirements of the United States, to 
     ensure the safety and reliability of the nuclear arsenal of 
     the United States, and to fulfill the nuclear 
     nonproliferation policies of the United States.
                                 ______
                                 
  SA 1234. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of 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 18105]]

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

       On page 467, strike line 13 and all that follows through 
     page 468, line 13, and insert the following:
       (j) Notice and Wait.--
       (1) Programs of assistance.--Funds may not be obligated for 
     a program of assistance under subsection (b) until 15 days 
     after the date on which the specified congressional 
     committees are notified in writing of the proposed 
     obligation, including a detailed justification for the use of 
     the applicable authority and the activities to be undertaken 
     (including objectives, an execution plan, and the anticipated 
     date of completion).
       (2) Exercise of transfer authority.--Not less than 15 days 
     before a transfer under the authority of subsection (g), the 
     Secretary of State and the Secretary of Defense shall jointly 
     notify the specified congressional committees of the transfer 
     of funds into the Fund.
       (k) Reports.--The Secretary of State and the Secretary of 
     Defense shall jointly submit to the specified congressional 
     committees on a biannual basis a report on obligations of 
     funds or transfers into the Fund, and the status of 
     activities under this section, as of the date of such report.
                                 ______
                                 
  SA 1235. Mr. LIEBERMAN (for himself, Ms. Collins, Mr. Akaka, and Mr. 
Lugar) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

               TITLE ___--INTERAGENCY PERSONNEL ROTATIONS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Interagency Personnel 
     Rotation Act of 2011''.

     SEC. __02. FINDING AND PURPOSE.

       (a) Finding.--Congress finds that the national security and 
     homeland security challenges of the 21st century require that 
     executive branch personnel use a whole-of-Government approach 
     in order for the United States Government to operate in the 
     most effective and efficient manner.
       (b) Purpose.--The purpose of this title is to increase the 
     efficiency and effectiveness of the Government by fostering 
     greater interagency experience among executive branch 
     personnel on national security and homeland security matters 
     involving more than 1 agency.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term ``Executive agency'' under section 105 of title 5, 
     United States Code.
       (2) Committee.--The term ``Committee'' means the Committee 
     on National Security Personnel established under section 
     __04(a).
       (3) Covered agency.--The term ``covered agency'' means an 
     agency that is part of an ICI.
       (4) ICI.--The term ``ICI'' means a National Security 
     Interagency Community of Interest identified by the Committee 
     under section __05(a).
       (5) ICI position.--The term ``ICI position''--
       (A) means--
       (i) a position that--

       (I) is identified by the head of a covered agency as a 
     position within the covered agency that has significant 
     responsibility for the subject area of the ICI in which the 
     position is located and for activities that involve more than 
     1 agency;
       (II) is a position in the civil service (as defined in 
     section 2101(1) of title 5, United States Code) in the 
     executive branch of the Government (including a position in 
     the Foreign Service) at or above GS-11 of the General 
     Schedule or at a level of responsibility comparable to a 
     position at or above GS-11 of the General Schedule; and
       (III) is a position within an ICI; or

       (ii) a position in an interagency body identified as an ICI 
     position under section __05(c)(2)(A); and
       (B) shall not include--
       (i) any position described under paragraph (10)(A) or (C); 
     or
       (ii) any position filled by an employee described under 
     paragraph (10)(B).
       (6) Intelligence community.--The term ``intelligence 
     community'' has the meaning given under section 3(4) of the 
     National Security Act of 1947 (50 U.S.C. 401a(4)).
       (7) Interagency body.--The term ``interagency body'' means 
     an entity or component identified under section __05(c)(1).
       (8) Interagency rotational service.--The term ``interagency 
     rotational service'' means service by an employee in--
       (A) an ICI position that is--
       (i) in--

       (I) a covered agency other than the covered agency 
     employing the employee; or
       (II) an interagency body, without regard to whether the 
     employee is employed by the agency in which the interagency 
     body is located; and

       (ii) in the same ICI as the position in which the employee 
     serves or has served before serving in that ICI position; or
       (B) in a position in an interagency body identified under 
     section __05(c)(2)(B).
       (9) National security interagency community of interest.--
     The term ``National Security Interagency Community of 
     Interest'' means the positions in the executive branch of the 
     Government that--
       (A) as a group are positions within multiple agencies of 
     the executive branch of the Government; and
       (B) have significant responsibility for the same 
     substantive, functional, or regional subject area related to 
     national security or homeland security that requires 
     integration of the positions and activities in that area 
     across multiple agencies to ensure that the executive branch 
     of the Government operates as a single, cohesive enterprise 
     to maximize mission success and minimize cost.
       (10) Political appointee.--The term ``political appointee'' 
     means an individual who--
       (A) is employed in a position described under sections 5312 
     through 5316 of title 5, United States Code, (relating to the 
     Executive Schedule);
       (B) is a noncareer appointee in the Senior Executive 
     Service, as defined under paragraph (7) of section 3132(a) of 
     title 5, United States Code; or
       (C) is employed in a position in the executive branch of 
     the Government of a confidential or policy-determining 
     character under schedule C of subpart C of part 213 of title 
     5 of the Code of Federal Regulations.
       (11) Senior position.--The term ``senior position'' means--
       (A) a Senior Executive Service position, as defined in 
     section 3132(a)(2) of title 5, United States Code;
       (B) a position in the Senior Foreign Service established 
     under the Foreign Service Act of 1980 (22 U.S.C. 3901 et 
     seq.);
       (C) a position in the Federal Bureau of Investigation and 
     Drug Enforcement Administration Senior Executive Service 
     established under section 3151 of title 5, United States 
     Code;
       (D) a position filled by a limited term appointee or 
     limited emergency appointee in the Senior Executive Service, 
     as defined under paragraphs (5) and (6), respectively, of 
     section 3132(a) of title 5, United States Code; and
       (E) any other equivalent position identified by the 
     Committee.

     SEC. __04. COMMITTEE ON NATIONAL SECURITY PERSONNEL.

       (a) Establishment.--There is established the Committee on 
     National Security Personnel within the Executive Office of 
     the President.
       (b) Membership.--The members of the Committee shall be the 
     Director of the Office of Management and Budget, the Director 
     of the Office of Personnel Management, and the Assistant to 
     the President for National Security Affairs.
       (c) Chairperson.--The Director of the Office of Management 
     and Budget shall be the Chairperson of the Committee.
       (d) Functions.--
       (1) In general.--The Committee shall perform the functions 
     as provided under this title to implement this title and 
     shall validate the actions taken by the heads of covered 
     agencies to implement the directives issued and meet the 
     standards established under paragraph (2).
       (2) Directives and standards.--
       (A) In general.--In consultation with the Director of the 
     Office of Personnel Management and the Assistant to the 
     President for National Security Affairs, the Director of the 
     Office of Management and Budget shall issue directives and 
     establish standards relating to the implementation of this 
     title.
       (B) Use by covered agencies.--The head of each covered 
     agency shall carry out the responsibilities under this title 
     in accordance with the directives issued and standards 
     established by the Director of the Office of Management and 
     Budget.
       (e) Support and Implementation.--
       (1) Board.--There is established a board to assist the 
     Committee, which shall be composed of 1 designee (who shall 
     be serving in an Executive Schedule position at level III) 
     selected by--
       (A) the Secretary of State;
       (B) the Secretary of Defense;
       (C) the Secretary of Homeland Security;
       (D) the Attorney General;
       (E) the Secretary of the Treasury;
       (F) the Secretary of Energy;
       (G) the Secretary of Health and Human Services;
       (H) the Secretary of Commerce;
       (I) the Director of National Intelligence; and
       (J) the head of any other agency determined appropriate by 
     the Committee.
       (2) Chief human capital officers council.--The Chief Human 
     Capital Officers Council shall provide advice to the 
     Committee regarding technical human capital issues.
       (3) Covered agency officials.--
       (A) In general.--The head of each covered agency shall 
     designate an officer and office

[[Page 18106]]

     within that covered agency with responsibility for the 
     implementation of this title.
       (B) Existing offices.--If an officer or office of a covered 
     agency is designated as the officer or office within the 
     covered agency with responsibility for the implementation of 
     Executive Order 13434 for the covered agency on the date of 
     enactment of this Act, the head of the covered agency shall 
     designate the officer or office as the officer or office 
     within the covered agency with responsibility for the 
     implementation of this title.
       (4) Staff.--
       (A) In general.--Not more than 3 full-time equivalent 
     employees may be hired to assist the Committee in 
     implementation of this title, who may be employees of the 
     Office of Management and Budget or the Office of Personnel 
     Management. Any employee transferred under subparagraph 
     (B)(ii)(II) shall be deemed to be an employee hired for 
     purposes of the authorization under this subparagraph.
       (B) Funding.--
       (i) Authorization of appropriations.--There are authorized 
     to be appropriated for each of fiscal years 2012 through 2016 
     to carry out subparagraph (A) an amount equal to the amount 
     expended for salaries and expenses of the National Security 
     Professional Development Integration Office during fiscal 
     year 2011.
       (ii) Offset.--

       (I) In general.--Except as provided in paragraph (3)(B), 
     effective on the date of enactment of this Act, the National 
     Security Professional Development Integration Office of the 
     Department of Defense is terminated and, on and after the 
     date of enactment of this Act, the Secretary of Defense may 
     not establish a comparable office to implement Executive 
     Order 13434 or to design, administer, or report on the 
     creation of a national security professional development 
     system, cadre of national security professionals, or any 
     personnel rotations, education, or training for individuals 
     involved in interagency activities or who are national 
     security professionals who are not employed by the Department 
     of Defense. Nothing in this subclause shall be construed to 
     prohibit the Secretary of Defense from establishing or 
     designating an office to administer interagency rotations by, 
     or the interagency activities of, employees of the Department 
     of Defense.
       (II) Transfer of functions.--Effective on the date of 
     enactment of this Act, there are transferred to the Office of 
     Management and Budget or the Office of Personnel Management, 
     as determined appropriate by the Committee, the functions of 
     the National Security Professional Development Integration 
     Office of the Department of Defense.
       (III) Funds.--Effective on the date of enactment of this 
     Act, all unobligated balances made available for the 
     activities of the National Security Professional Development 
     Integration Office of the Department of Defense are 
     rescinded.

     SEC. __05. NATIONAL SECURITY INTERAGENCY COMMUNITIES OF 
                   INTEREST.

       (a) Identification of ICIs.--Subject to section __08, the 
     Committee--
       (1) shall identify ICIs on an ongoing basis for purposes of 
     carrying out this title; and
       (2) may alter or discontinue an ICI identified under 
     paragraph (1).
       (b) Identification of ICI Positions.--The head of each 
     covered agency shall identify ICI positions within the 
     covered agency.
       (c) Interagency Bodies.--
       (1) Identification.--
       (A) In general.--The Committee shall identify--
       (i) entities in the executive branch of the Government that 
     are primarily involved in interagency activities relating to 
     national security or homeland security; and
       (ii) components of agencies that are primarily involved in 
     interagency activities relating to national security or 
     homeland security and have a mission distinct from the agency 
     within which the component is located.
       (B) Certain bodies.--
       (i) In general.--The Committee shall identify the National 
     Security Council and the Directorate of Strategic Operational 
     Planning of the National Counterterrorism Center as 
     interagency bodies under this paragraph.
       (ii) FBI rotations.--Joint Terrorism Task Forces shall not 
     be considered interagency bodies for purposes of service by 
     employees of the Federal Bureau of Investigation.
       (C) Duties of head of covered agency.--The Committee shall 
     designate the Federal officer who shall perform the duties of 
     the head of a covered agency relating to ICI positions within 
     an interagency body.
       (2) Positions in interagency bodies.--The officials 
     designated under paragraph (1)(C) shall identify--
       (A) positions within their respective interagency bodies 
     that are ICI positions; and
       (B) positions within their respective interagency bodies--
       (i) that are not a position described under section 
     __03(10)(A) or (C) or a position filled by an employee 
     described under section __03(10)(B); and
       (ii) for which service in the position shall constitute 
     interagency rotational service.

     SEC. __06. INTERAGENCY COMMUNITY OF INTEREST ROTATIONAL 
                   SERVICE.

       (a) Exclusion of Senior Positions.--For purposes of this 
     section, the term ``ICI position'' does not include a senior 
     position.
       (b) Rotations.--
       (1) In general.--The Committee shall provide for employees 
     serving in an ICI position to be assigned on a rotational 
     basis to another ICI position that is--
       (A) within another covered agency or within an interagency 
     body; and
       (B) within the same ICI.
       (2) Exception.--An employee may be assigned to an ICI 
     position in another covered agency or in an interagency body 
     that is not in the ICI applicable to an ICI position in which 
     the employee serves or has served if--
       (A) the employee has particular nongovernmental or other 
     expertise or skills that are relevant to the assigned ICI 
     position; and
       (B) the head of the covered agency employing the employee, 
     the head of the covered agency to which the assignment is 
     made, and the Committee approve the assignment.
       (3) Nonreimbursable basis.--Service by an employee in an 
     ICI position in another covered agency or in an interagency 
     body that is not within the agency employing the employee 
     shall be performed without reimbursement.
       (4) Return to prior position.--Except as provided otherwise 
     by the Committee, an employee performing service in an ICI 
     position in another covered agency or interagency body or in 
     a position designated under section __05(c)(2)(B) shall be 
     entitled to return to the position held by the employee in 
     the covered agency employing the employee within a reasonable 
     period of time after the end of the period of service.
       (c) Selection of ICI Positions Open for Rotational 
     Service.--
       (1) In general.--The head of each covered agency shall 
     determine which ICI positions in the covered agency shall be 
     available for service by employees from another covered 
     agency and may modify a determination under this paragraph.
       (2) List.--The Committee shall maintain a single, 
     integrated list of ICI positions and of positions available 
     for service by employees from another covered agency under 
     this section and shall make the list available to Federal 
     employees on an ongoing basis in order to facilitate 
     applications for the positions and long-term career planning 
     by employees of the executive branch of the Government, 
     except to the extent that the Committee determines that the 
     identity of certain positions should not be distributed in 
     order to protect national security or homeland security.
       (d) Minimum Period for Service.--With respect to the period 
     of service in an ICI position in another covered agency or 
     interagency body, the Committee--
       (1) shall, notwithstanding any other provision of law, 
     ensure that the period of service is sufficient to gain an 
     adequately detailed understanding and perspective of the 
     covered agency or interagency body at which the employee is 
     assigned;
       (2) may provide for different periods for service, 
     depending upon the nature of the position, including whether 
     the position is in an area that is a combat zone for purposes 
     of section 112 of the Internal Revenue Code of 1986; and
       (3) shall require that an employee performing service in an 
     ICI position in another covered agency or interagency body is 
     informed of the period of service for the position before 
     beginning such service.
       (e) Voluntary Nature of Rotational Service.--
       (1) In general.--Except as provided in paragraph (2), 
     service in an ICI position in another covered agency or 
     interagency body shall be voluntary by an employee.
       (2) Authority to assign involuntarily.--If the head of a 
     covered agency has the authority under another provision of 
     law to assign an employee involuntarily to a position and the 
     employee is serving in an ICI position, the head of the 
     covered agency may assign the employee involuntarily to serve 
     in an ICI position in another covered agency or interagency 
     body.
       (f) Training and Education of Personnel Performing 
     Interagency Rotational Service.--Each employee performing 
     interagency rotational service shall participate in the 
     training and education, if any, that is regularly provided to 
     new employees by the covered agency or interagency body in 
     which the employee is serving in order to learn how the 
     covered agency or interagency body functions.
       (g) Prevention of Need for Increased Personnel Levels.--The 
     Committee shall ensure that employees are rotated across 
     covered agencies and interagency bodies within an ICI in a 
     manner that ensures that, for the original ICI positions of 
     all employees performing service in an ICI position in 
     another covered agency or interagency body--
       (1) employees from another covered agency or interagency 
     body who are performing service in an ICI position in another 
     covered agency or interagency body, or other available 
     employees, begin service in such original positions within a 
     reasonable period, at no additional cost to the covered 
     agency or the interagency body in which such original 
     positions are located; or

[[Page 18107]]

       (2) other employees do not need to serve in the positions 
     in order to maintain the effectiveness of or to prevent any 
     costs being accrued by the covered agency or interagency body 
     in which such original positions are located.
       (h) Open and Fair Competition.--Each covered agency or 
     interagency body that has an ICI position available for 
     service by an employee from another covered agency shall 
     coordinate with the Office of Personnel Management to ensure 
     that employees of covered agencies selected to perform 
     interagency rotational service shall be selected in a fully 
     open and competitive manner that is consistent with the merit 
     system principles set forth in paragraphs (1) and (2) of 
     section 2301(b) of title 5, United States Code, unless the 
     ICI position is otherwise exempt under another provision of 
     law.
       (i) Personnel Law Matters.--
       (1) National security exclusion.--The identification of a 
     position as available for service by an employee of another 
     covered agency or as being within an ICI shall not be a basis 
     for an order under section 7103(b) of title 5, United States 
     Code, excluding the covered agency, or a subdivision thereof, 
     in which the position is located from the applicability of 
     chapter 71 of title 5, United States Code.
       (2) On rotation.--An employee performing interagency 
     rotational service shall have all the rights that would be 
     available to the employee if the employee was detailed or 
     assigned under a provision of law other than this title from 
     the agency employing the employee to the agency in which the 
     ICI position in which the employee is serving is located.
       (j) Consultation.--The Committee shall consult with 
     relevant associations, unions, and other groups involved in 
     collective bargaining or encouraging public service, 
     organizational reform of the Government, or interagency 
     activities (such as the Simons Center for the Study of 
     Interagency Cooperation of the Command and General Staff 
     College Foundation) in formulating and implementing policies 
     under this title.
       (k) Officers of the Armed Forces.--The policies, 
     procedures, and practices for the management of officers of 
     the Armed Forces may provide for the assignment of officers 
     of the Armed Forces to ICI positions or positions designated 
     under section __05(c)(2)(B).
       (l) Performance Appraisals.--The Committee shall--
       (1) ensure that an employee receives performance 
     evaluations that are based primarily on the contribution of 
     the employee to the work of the covered agency in which the 
     employee is performing service in an ICI position in another 
     covered agency or interagency body and the functioning of the 
     applicable ICI; and
       (2) require that--
       (A) officials at the covered agency employing the employee 
     conduct the evaluations based on input from the supervisors 
     of the employee during service in an ICI position in another 
     covered agency or interagency body; and
       (B) the evaluations shall be provided the same weight in 
     the receipt of promotions and other rewards by the employee 
     from the covered agency employing the employee as performance 
     evaluations receive for other employees of the covered 
     agency.
       (m) Foreign Service.--Section 607(a) of the Foreign Service 
     Act of 1980 (22 U.S.C. 4007(a)) is amended by adding at the 
     end the following:
       ``(4) At the election of an individual subject to a maximum 
     time in class limitation under this subsection, any period of 
     service in an ICI position (as defined in section __03 of the 
     Interagency Personnel Rotation Act of 2011) that is not 
     within the Department of State shall not be used for purposes 
     of determining the period during which the individual has 
     served in a class.''.

     SEC. __07. SELECTION OF SENIOR POSITIONS IN AN INTERAGENCY 
                   COMMUNITY OF INTEREST.

       (a) Selection of Individuals To Fill Senior Positions 
     Within an ICI.--In selecting individuals to fill senior 
     positions within an ICI, the head of a covered agency shall 
     ensure that a strong preference is given to selecting of 
     personnel who have performed interagency rotational service.
       (b) Establishment by Heads of Covered Agencies of Minimum 
     Thresholds.--
       (1) In general.--On October 1 of the second fiscal year 
     after the fiscal year in which the Committee identifies an 
     ICI, and October 1 of each fiscal year thereafter, the head 
     of each covered agency within which 1 or more positions 
     within that ICI are located shall establish the minimum 
     number of that agency's senior positions that are within that 
     ICI that shall be filled by personnel who have performed 
     interagency rotational service.
       (2) Reporting requirements.--
       (A) Minimum number of positions.--Not later than 30 days 
     after the date on which all heads of covered agencies have 
     established the minimum number required under paragraph (1) 
     for a fiscal year, the Committee shall submit to Congress a 
     consolidated list of the minimum numbers of senior positions 
     that shall be filled by personnel who have performed 
     interagency rotational service.
       (B) Failure to meet minimum number.--Not later than 30 days 
     after the end of any fiscal year in which a covered agency 
     fails to meet the minimum number of senior positions to be 
     filled by individuals who have performed interagency 
     rotational service established by the head of the covered 
     agency under paragraph (2), the head of the covered agency 
     shall submit to the Committee and Congress a report 
     identifying the failure and indicating what actions the head 
     of the covered agency has taken or plans to take in response 
     to the failure.
       (c) Other Rotational Requirements.--
       (1) Credit for service in another component within an 
     agency.--
       (A) In general.--Service performed during the first 3 
     fiscal years after the fiscal year in which an ICI is 
     identified by the Committee by an employee in a rotation to 
     an ICI position in another component of the covered agency 
     that employs the employee that is identified under 
     subparagraph (B) shall constitute interagency rotational 
     service for purposes of this section.
       (B) Identification of components.--Subject to approval by 
     the Committee, the head of a covered agency may identify the 
     components of the covered agency that are sufficiently 
     independent in functionality for service in a rotation in the 
     component to qualify as service in another component of the 
     covered agency for purposes of subparagraph (A).
       (2) Intelligence community personnel.--Service performed 
     during the first 3 fiscal years after the fiscal year in 
     which an ICI is identified by the Committee by an employee of 
     a covered agency under any program established before the 
     date of enactment of this title that provides for rotation 
     assignments of employees across the agencies or elements of 
     the intelligence community shall constitute interagency 
     rotational service for purposes of this section.

     SEC. __08. IMPLEMENTATION.

       (a) ICIs and ICI Positions.--
       (1) In general.--During the first 4 fiscal years after the 
     fiscal year in which this Act is enacted--
       (A) there shall be 2 ICIs, which shall be an ICI for 
     emergency management and an ICI for stabilization and 
     reconstruction; and
       (B) during each such fiscal year, not less than 20 
     employees and not more than 25 employees in the executive 
     branch of the Government shall perform service in an ICI 
     position in another covered agency or in an interagency body 
     that is not within the agency employing the employee under 
     this title.
       (2) Location.--
       (A) In general.--The Committee shall designate a 
     metropolitan area in which the ICI for emergency management 
     will be located and a metropolitan area in which the ICI for 
     stabilization and reconstruction will be located.
       (B) Service.--During the first 4 fiscal years after the 
     fiscal year in which this Act is enacted, any service in an 
     ICI position in another covered agency or in an interagency 
     body that is not within the agency employing the employee 
     shall be performed--
       (i) by an employee who is located in the metropolitan area 
     for the ICI designated under subparagraph (A) before 
     beginning service in the ICI position; and
       (ii) at a location in the metropolitan area for the ICI 
     designated under subparagraph (A) .
       (b) Priority for Details.--During the first 4 fiscal years 
     after the fiscal year in which this Act is enacted, a covered 
     agency shall give priority in using amounts available to the 
     covered agency for details to assigning employees on a 
     rotational basis under this title.

     SEC. __09. STRATEGY AND PERFORMANCE EVALUATION.

       (a) Issuing of Strategy.--
       (1) In general.--Not later than October 1 of the third 
     fiscal year after the fiscal year in which this Act is 
     enacted, and every 4 fiscal years thereafter through the 
     eleventh fiscal year after the fiscal year in which this Act 
     is enacted, the Committee shall issue a National Security 
     Human Capital Strategy to develop the national security and 
     homeland security personnel necessary for accomplishing 
     national security and homeland security objectives that 
     require integration of personnel and activities from multiple 
     agencies of the executive branch of the Government.
       (2) Consultations with congress.--In developing or making 
     adjustments to the National Security Human Capital Strategy 
     issued under paragraph (1), the Committee--
       (A) shall consult at least annually with Congress, 
     including majority and minority views from all appropriate 
     authorizing, appropriations, and oversight committees; and
       (B) as the Committee determines appropriate, shall solicit 
     and consider the views and suggestions of entities 
     potentially affected by or interested in the strategy.
       (3) Contents of strategy.--Each National Security Human 
     Capital Strategy issued under paragraph (1) shall--
       (A) provide for the implementation of this title;
       (B) identify best practices from ICIs already in operation;
       (C) identify any additional ICIs to be identified by the 
     Committee;

[[Page 18108]]

       (D) include a schedule for the issuance of directives and 
     establishment of standards relating to the requirements under 
     this title by the Committee;
       (E) include a description of how the strategy incorporates 
     views and suggestions obtained through the consultations with 
     Congress required under paragraph (2);
       (F) include an assessment of performance measures over a 
     multi-year period, such as--
       (i) the percentage of ICI positions available for service 
     by employees from another covered agency for which such 
     employees performed such service;
       (ii) the number of personnel participating in interagency 
     rotational service in each covered agency and interagency 
     body;
       (iii) the length of interagency rotational service under 
     this title;
       (iv) reports by the heads of covered agencies submitted 
     under section __07(b)(2)(B);
       (v) the training and education of personnel who perform 
     interagency rotational service, and the evaluation by the 
     Committee of the training and education;
       (vi) the positions (including grade level) held by 
     employees who perform interagency rotational service during 
     the period beginning on the date on which the interagency 
     rotational service terminates and ending on the date of the 
     assessment; and
       (vii) to the extent possible, the evaluation of the 
     Committee of the utility of interagency rotational service in 
     improving interagency integration.
       (b) Reports.--Not later than October 1 of the second fiscal 
     year after a fiscal year in which the Committee issues a 
     National Security Human Capital Strategy under subsection 
     (a), the Committee shall assess the performance measures 
     described in subsection (a)(3)(F).
       (c) Submission to Congress.--Not later than 30 days after 
     the date on which the Committee issues a National Security 
     Human Capital Strategy under subsection (a) or assesses 
     performance measures under subsection (b), the Committee 
     shall submit the strategy or assessment to Congress.

     SEC. __10. GAO STUDY OF INTERAGENCY ROTATIONAL SERVICE.

       Not later than the end of the second fiscal year after the 
     fiscal year in which this Act is enacted, the Comptroller 
     General of the United States shall submit to Congress a 
     report regarding--
       (1) the extent to which performing service in an ICI 
     position in another covered agency or an interagency body 
     under this title enabled the employees performing the service 
     to gain an adequately detailed understanding of and 
     perspective on the covered agency or interagency body, 
     including an assessment of the effect of--
       (A) the period of the service; and
       (B) the duties performed by the employees during the 
     service;
       (2) the effectiveness of the Committee and the staff of the 
     Committee funded under section __04(e)(4)(B) in overseeing 
     and managing interagency rotational service under this title, 
     including an evaluation of any directives or standards issued 
     by the Committee;
       (3) the participation of covered agencies in interagency 
     rotational service under this title, including whether each 
     covered agency that performs a mission relating to an ICI in 
     effect--
       (A) identified positions within the covered agency as ICI 
     positions;
       (B) had 1 or more employees from another covered agency 
     perform service in an ICI position in the covered agency; or
       (C) had 1 or more employees of the covered agency perform 
     service in an ICI position in another covered agency;
       (4) the positions (including grade level) held by employees 
     after completing interagency rotational service under this 
     title, and the extent to which the employees were rewarded 
     for the service; and
       (5) the extent to which or likelihood that interagency 
     rotational service under this title has improved or is 
     projected to improve interagency integration.

     SEC. __11. PROHIBITION OF PRINTED REPORTS.

       Each strategy, plan, report, or other submission required 
     under this title--
       (1) shall be made available by the agency issuing the 
     strategy, plan, report, or other submission only in 
     electronic form; and
       (2) shall not be made available by the agency in printed 
     form.
                                 ______
                                 
  SA 1236. Mr. NELSON, of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

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

     SEC. 1030. REPORT ON EFFECTS OF CHANGING FLAG OFFICER 
                   POSITIONS WITHIN THE AIR FORCE MATERIAL 
                   COMMAND.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of the Air Force 
     shall conduct an analysis and submit to the congressional 
     defense committees a report on the effects of changing flag 
     officer positions within the Air Force Materiel Command 
     (AFMC), including consideration of the following issues:
       (1) The effect on the weapons testing mission of AFMC.
       (2) The potential for lack of oversight if flag positions 
     are reduced or eliminated.
       (3) The reduced experience level of general officers 
     managing challenging weapons development programs under a new 
     command structure.
       (4) The additional duties of base management functions 
     impacting the test wing commander's ability to manage actual 
     weapons testing under the new structure.
       (b) Comptroller General Assessment.--Not later than 60 days 
     after the submittal of the report under subsection (a), the 
     Comptroller General of the United States shall submit to 
     Congress an assessment by the Comptroller General of the 
     report, including a determination whether or not the report 
     complies with applicable best practices.
                                 ______
                                 
  SA 1237. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 889. DEPARTMENT OF DEFENSE ASSESSMENT OF INDUSTRIAL BASE 
                   FOR NIGHT VISION IMAGE INTENSIFICATION SENSORS.

       (a) Assessment Required.--The Under Secretary of Defense 
     for Acquisition, Technology, and Logistics shall undertake an 
     assessment of the current and long-term availability within 
     the United States and international industrial base of 
     critical equipment, components, subcomponents, and materials 
     (including, but not limited to, lenses, tubes, and 
     electronics) needed to support current and future United 
     States military requirements for night vision image 
     intensification sensors. In carrying out the assessment, the 
     Secretary shall--
       (1) identify items in connection with night vision image 
     intensification sensors that the Secretary determines are 
     critical to military readiness, including key components, 
     subcomponents, and materials;
       (2) describe and perform a risk assessment of the supply 
     chain for items identified under paragraph (1) and evaluate 
     the extent to which--
       (A) the supply chain for such items could be disrupted by a 
     loss of industrial capability in the United States; and
       (B) the industrial base obtains such items from foreign 
     sources; and
       (3) describe and assess current and future investment, 
     gaps, and vulnerabilities in the ability of the Department to 
     respond to the potential loss of domestic or international 
     sources that provide items identified under paragraph (1); 
     and
       (4) identify and assess current strategies to leverage 
     innovative night vision image intensification technologies 
     being pursued in both Department of Defense laboratories and 
     the private sector for the next generation of night vision 
     capabilities, including an assessment of the competitiveness 
     and technological advantages of the United States night 
     vision image intensification industrial base.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to Congress a report containing the results of the assessment 
     required under subsection (a).
                                 ______
                                 
  SA 1238. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

           TITLE ___--CIVILIAN EXTRA-TERRITORIAL JURISDICTION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Civilian Extraterritorial 
     Jurisdiction Act of 2011'' or the ``CEJA''.

     SEC. __02. CLARIFICATION AND EXPANSION OF FEDERAL 
                   JURISDICTION OVER FEDERAL CONTRACTORS AND 
                   EMPLOYEES.

       (a) Extraterritorial Jurisdiction Over Federal Contractors 
     and Employees.--
       (1) In general.--Chapter 212A of title 18, United States 
     Code, is amended--
       (A) by transferring the text of section 3272 to the end of 
     section 3271, redesignating such text as subsection (c) of 
     section 3271, and, in

[[Page 18109]]

     such text, as so redesignated, by striking ``this chapter'' 
     and inserting ``this section'';
       (B) by striking the heading of section 3272; and
       (C) by adding after section 3271, as amended by this 
     paragraph, the following new sections:

     ``Sec. 3272. Offenses committed by Federal contractors and 
       employees outside the United States

       ``(a) Whoever, while employed by or accompanying any 
     department or agency of the United States other than the 
     Department of Defense, knowingly engages in conduct (or 
     conspires or attempts to engage in conduct) outside the 
     United States that would constitute an offense enumerated in 
     subsection (c) had the conduct been engaged in within the 
     United States or within the special maritime and territorial 
     jurisdiction of the United States shall be punished as 
     provided for that offense.
       ``(b) No prosecution for an offense may be commenced 
     against a person under this section if a foreign government, 
     in accordance with jurisdiction recognized by the United 
     States, has prosecuted or is prosecuting such person for the 
     conduct constituting the offense, except upon the approval of 
     the Attorney General or the Deputy Attorney General (or a 
     person acting in either such capacity), which function of 
     approval may not be delegated.
       ``(c) The offenses covered by subsection (a) are the 
     following:
       ``(1) Any offense under chapter 5 (arson) of this title.
       ``(2) Any offense under section 111 (assaulting, resisting, 
     or impeding certain officers or employees), 113 (assault 
     within maritime and territorial jurisdiction), or 114 
     (maiming within maritime and territorial jurisdiction) of 
     this title, but only if the offense is subject to a maximum 
     sentence of imprisonment of one year or more.
       ``(3) Any offense under section 201 (bribery of public 
     officials and witnesses) of this title.
       ``(4) Any offense under section 499 (military, naval, or 
     official passes) of this title.
       ``(5) Any offense under section 701 (official badges, 
     identifications cards, and other insignia), 702 (uniform of 
     armed forces and Public Health Service), 703 (uniform of 
     friendly nation), or 704 (military medals or decorations) of 
     this title.
       ``(6) Any offense under chapter 41 (extortion and threats) 
     of this title, but only if the offense is subject to a 
     maximum sentence of imprisonment of three years or more.
       ``(7) Any offense under chapter 42 (extortionate credit 
     transactions) of this title.
       ``(8) Any offense under section 924(c) (use of firearm in 
     violent or drug trafficking crime) or 924(o) (conspiracy to 
     violate section 924(c)) of this title.
       ``(9) Any offense under chapter 50A (genocide) of this 
     title.
       ``(10) Any offense under section 1111 (murder), 1112 
     (manslaughter), 1113 (attempt to commit murder or 
     manslaughter), 1114 (protection of officers and employees of 
     the United States), 1116 (murder or manslaughter of foreign 
     officials, official guests, or internationally protected 
     persons), 1117 (conspiracy to commit murder), or 1119 
     (foreign murder of United States nationals) of this title.
       ``(11) Any offense under chapter 55 (kidnapping) of this 
     title.
       ``(12) Any offense under section 1503 (influencing or 
     injuring officer or juror generally), 1505 (obstruction of 
     proceedings before departments, agencies, and committees), 
     1510 (obstruction of criminal investigations), 1512 
     (tampering with a witness, victim, or informant), or 1513 
     (retaliating against a witness, victim, or an informant) of 
     this title.
       ``(13) Any offense under section 1951 (interference with 
     commerce by threats or violence), 1952 (interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), 1956 (laundering of monetary instruments), 1957 
     (engaging in monetary transactions in property derived from 
     specified unlawful activity), 1958 (use of interstate 
     commerce facilities in the commission of murder for hire), or 
     1959 (violent crimes in aid of racketeering activity) of this 
     title.
       ``(14) Any offense under section 2111 (robbery or burglary 
     within special maritime and territorial jurisdiction) of this 
     title.
       ``(15) Any offense under chapter 109A (sexual abuse) of 
     this title.
       ``(16) Any offense under chapter 113B (terrorism) of this 
     title.
       ``(17) Any offense under chapter 113C (torture) of this 
     title.
       ``(18) Any offense under chapter 115 (treason, sedition, 
     and subversive activities) of this title.
       ``(19) Any offense under section 2442 (child soldiers) of 
     this title.
       ``(20) Any offense under section 401 (manufacture, 
     distribution, or possession with intent to distribute a 
     controlled substance) or 408 (continuing criminal enterprise) 
     of the Controlled Substances Act (21 U.S.C. 841, 848), or 
     under section 1002 (importation of controlled substances), 
     1003 (exportation of controlled substances), or 1010 (import 
     or export of a controlled substance) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 952, 953, 960), 
     but only if the offense is subject to a maximum sentence of 
     imprisonment of 20 years or more.
       ``(d) In this section:
       ``(1) The term `employed by any department or agency of the 
     United States other than the Department of Defense' means--
       ``(A) employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), an employee of a 
     contractor (or a subcontractor at any tier), a grantee 
     (including a contractor of a grantee or a subgrantee or 
     subcontractor at any tier), or an employee of a grantee (or a 
     contractor of a grantee or a subgrantee or subcontractor at 
     any tier) of any department or agency of the United States 
     other than the Department of Defense;
       ``(B) present or residing outside the United States in 
     connection with such employment;
       ``(C) in the case of such a contractor, contractor 
     employee, grantee, or grantee employee, such employment 
     supports a program, project, or activity for a department or 
     agency of the United States; and
       ``(D) not a national of or ordinarily resident in the host 
     nation.
       ``(2) The term `accompanying any department or agency of 
     the United States other than the Department of Defense' 
     means--
       ``(A) a dependant, family member, or member of household 
     of--
       ``(i) a civilian employee of any department or agency of 
     the United States other than the Department of Defense; or
       ``(ii) a contractor (including a subcontractor at any 
     tier), an employee of a contractor (or a subcontractor at any 
     tier), a grantee (including a contractor of a grantee or a 
     subgrantee or subcontractor at any tier), or an employee of a 
     grantee (or a contractor of a grantee or a subgrantee or 
     subcontractor at any tier) of any department or agency of the 
     United States other than the Department of Defense, which 
     contractor, contractor employee, grantee, or grantee employee 
     is supporting a program, project, or activity for a 
     department or agency of the United States other than the 
     Department of Defense;
       ``(B) residing with such civilian employee, contractor, 
     contractor employee, grantee, or grantee employee outside the 
     United States; and
       ``(C) not a national of or ordinarily resident in the host 
     nation.
       ``(3) The term `grant agreement' means a legal instrument 
     described in section 6304 or 6305 of title 31, other than an 
     agreement between the United States and a State, local, or 
     foreign government or an international organization.
       ``(4) The term `grantee' means a party, other than the 
     United States, to a grant agreement.
       ``(5) The term `host nation' means the country outside of 
     the United States where the employee or contractor resides, 
     the country where the employee or contractor commits the 
     alleged offense at issue, or both.

     ``Sec. 3273. Regulations

       ``The Attorney General, after consultation with the 
     Secretary of Defense, the Secretary of State, and the 
     Director of National Intelligence, shall prescribe 
     regulations governing the investigation, apprehension, 
     detention, delivery, and removal of persons described in 
     sections 3271 and 3272 of this title.''.
       (2) Conforming amendment.--Subparagraph (A) of section 
     3267(1) of such title is amended to read as follows:
       ``(A) employed as a civilian employee, a contractor 
     (including a subcontractor at any tier), or an employee of a 
     contractor (or a subcontractor at any tier) of the Department 
     of Defense (including a nonappropriated fund instrumentality 
     of the Department);''.
       (b) Venue.--Chapter 211 of such title is amended by adding 
     at the end the following new section:

     ``Sec. 3245. Optional venue for offenses involving Federal 
       employees and contractors overseas

       ``In addition to any venue otherwise provided in this 
     chapter, the trial of any offense involving a violation of 
     section 3261, 3271, or 3272 of this title may be brought--
       ``(1) in the district in which is headquartered the 
     department or agency of the United States that employs the 
     offender, or any one of two or more joint offenders, or
       ``(2) in the district in which is headquartered the 
     department or agency of the United States that the offender 
     is accompanying, or that any one of two or more joint 
     offenders is accompanying.''.
       (c) Suspension of Statute of Limitations.--Chapter 213 of 
     such title is amended by inserting after section 3287 the 
     following new section:

     ``Sec. 3287A. Suspension of limitations for offenses 
       involving Federal employees and contractors overseas

       ``The time during which a person who has committed an 
     offense constituting a violation of section 3272 of this 
     title is outside the United States, or is a fugitive from 
     justice within the meaning of section 3290 of this title, 
     shall not be taken as any part of the time limited by law for 
     commencement of prosecution of the offense.''.
       (d) Clerical Amendments.--
       (1) Heading amendment.--The heading of chapter 212A of such 
     title is amended to read as follows:

[[Page 18110]]



    ``CHAPTER 212A--EXTRATERRITORIAL JURISDICTION OVER OFFENSES OF 
    CONTRACTORS AND CIVILIAN EMPLOYEES OF THE FEDERAL GOVERNMENT''.

       (2) Tables of sections.--(A) The table of sections at the 
     beginning of chapter 211 of such title is amended by adding 
     at the end the following new item:

``3245. Optional venue for offenses involving Federal employees and 
              contractors overseas.''.
       (B) The table of sections at the beginning of chapter 212A 
     of such title is amended by striking the item relating to 
     section 3272 and inserting the following new items:

``3272. Offenses committed by Federal contractors and employees outside 
              the United States.
``3273. Regulations.''.
       (C) The table of sections at the beginning of chapter 213 
     of such title is amended by inserting after the item relating 
     to section 3287 the following new item:

``3287A. Suspension of limitations for offenses involving Federal 
              employees and contractors overseas.''.
       (3) Table of chapters.--The item relating to chapter 212A 
     in the table of chapters at the beginning of part II of such 
     title is amended to read as follows:

``212A. Extraterritorial Jurisdiction Over Offenses of Contractors and 
    Civilian Employees of the Federal Government............3271''.....

     SEC. __03. INVESTIGATIVE TASK FORCES FOR CONTRACTOR AND 
                   EMPLOYEE OVERSIGHT.

       (a) Establishment of Investigative Task Forces for 
     Contractor and Employee Oversight.--
       (1) In general.--The Attorney General, in consultation with 
     the Secretary of Defense, the Secretary of State, the 
     Secretary of Homeland Security, and the heads of any other 
     departments or agencies of the Federal Government responsible 
     for employing contractors or persons overseas shall assign 
     adequate personnel and resources, including through the 
     creation of task forces, to investigate allegations of 
     criminal offenses under chapter 212A of title 18, United 
     States Code (as amended by section __02(a) of this Act), and 
     may authorize the overseas deployment of law enforcement 
     agents and other government personnel for that purpose.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to limit any authority of the Attorney General 
     or any Federal law enforcement agency to investigate 
     violations of Federal law or deploy personnel overseas.
       (b) Responsibilities of Attorney General.--
       (1) Investigation.--The Attorney General shall have 
     principal authority for the enforcement of chapter 212A of 
     title 18, United States Code (as so amended), and shall have 
     the authority to initiate, conduct, and supervise 
     investigations of any alleged offenses under such chapter.
       (2) Law enforcement authority.--With respect to violations 
     of sections 3271 and 3272 of title 18, United States Code (as 
     so amended), the Attorney General may authorize any person 
     serving in a law enforcement position in any other department 
     or agency of the Federal Government, including a member of 
     the Diplomatic Security Service of the Department of State or 
     a military police officer of the Armed Forces, to exercise 
     investigative and law enforcement authority, including those 
     powers that may be exercised under section 3052 of title 18, 
     United States Code, subject to such guidelines or policies as 
     the Attorney General considers appropriate for the exercise 
     of such powers.
       (3) Prosecution.--The Attorney General may establish such 
     procedures the Attorney General considers appropriate to 
     ensure that Federal law enforcement agencies refer offenses 
     under section 3271 or 3272 of title 18, United States Code 
     (as so amended), to the Attorney General for prosecution in a 
     uniform and timely manner.
       (4) Assistance on request of attorney general.--
     Notwithstanding any statute, rule, or regulation to the 
     contrary, the Attorney General may request assistance from 
     the Secretary of Defense, the Secretary of State, or the head 
     of any other Executive agency to enforce section 3271 or 3272 
     of title 18, United States Code (as so amended). The 
     assistance requested may include the following:
       (A) The assignment of additional personnel and resources to 
     task forces established by the Attorney General under 
     subsection (a).
       (B) An investigation into alleged misconduct or arrest of 
     an individual suspected of alleged misconduct by agents of 
     the Diplomatic Security Service of the Department of State 
     present in the nation in which the alleged misconduct occurs.
       (5) Annual report.--Not later than one year after the date 
     of the enactment of this Act, and annually thereafter for 
     five years, the Attorney General shall, in consultation with 
     the Secretary of Defense and the Secretary of State, submit 
     to Congress a report containing the following:
       (A) The number of prosecutions under chapter 212A of title 
     18, United States Code (as so amended), including the nature 
     of the offenses and any dispositions reached, during the 
     previous year.
       (B) The actions taken to implement subsection (a)(1), 
     including the organization and training of personnel and the 
     use of task forces, during the previous year.
       (C) Such recommendations for legislative or administrative 
     action as the President considers appropriate to enforce 
     chapter 212A of title 18, United States Code (as so amended), 
     and the provisions of this section.
       (c) Executive Agency.--In this section, the term 
     ``Executive agency'' has the meaning given that term in 
     section 105 of title 5, United States Code.

     SEC. __04. EFFECTIVE DATE.

       (a) Immediate Effectiveness.--This title and the amendments 
     made by this title shall take effect on the date of the 
     enactment of this Act.
       (b) Implementation.--The Attorney General and the head of 
     any other department or agency of the Federal Government to 
     which this title applies shall have 90 days after the date of 
     the enactment of this Act to ensure compliance with the 
     provisions of this title.

     SEC. __05. RULES OF CONSTRUCTION.

       (a) In General.--Nothing in this title or any amendment 
     made by this title shall be construed--
       (1) to limit or affect the application of extraterritorial 
     jurisdiction related to any other Federal law; or
       (2) to limit or affect any authority or responsibility of a 
     Chief of Mission as provided in section 207 of the Foreign 
     Service Act of 1980 (22 U.S.C. 3927).
       (b) Intelligence Activities.--Nothing in this title or any 
     amendment made by this title shall apply to the authorized 
     intelligence activities of the United States Government.

     SEC. __06. FUNDING.

       If any amounts are appropriated to carry out this title, 
     the amounts shall be from amounts which would have otherwise 
     been made available or appropriated to the Department of 
     Justice.
                                 ______
                                 
  SA 1239. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1088. EXPANSION OF MARINE GUNNERY SERGEANT JOHN DAVID 
                   FRY SCHOLARSHIP.

       (a) Expansion of Entitlement.--Subsection (b)(9) of section 
     3311 of title 38, United States Code, is amended by inserting 
     ``or spouse'' after ``child''.
       (b) Limitation and Election on Certain Benefits.--
     Subsection (f) of such section is amended--
       (1) by redesignating paragraph (2) as paragraph (4); and
       (2) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) Limitation.--The entitlement of an individual to 
     assistance under subsection (a) pursuant to paragraph (9) of 
     subsection (b) because the individual was a spouse of a 
     person described in such paragraph shall expire on the 
     earlier of--
       ``(A) the date that is 15 years after the date on which the 
     person died; and
       ``(B) the date on which the individual remarries.
       ``(3) Election on receipt of certain benefits.--A surviving 
     spouse entitled to assistance under subsection (a) pursuant 
     to paragraph (9) of subsection (b) who is also entitled to 
     educational assistance under chapter 35 of this title may not 
     receive assistance under both this section and such chapter, 
     but shall make an irrevocable election (in such form and 
     manner as the Secretary may prescribe) under which section or 
     chapter to receive educational assistance.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1240. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. INSTALLATION ENERGY METERING REQUIREMENTS.

       The Secretary of Defense shall, to the maximum extent 
     practicable, require that the information generated by the 
     installation energy meters be captured and tracked to 
     determine baseline energy consumption and facilitate efforts 
     to reduce energy consumption.

[[Page 18111]]


                                 ______
                                 
  SA 1241. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 XXVIII, add the 
     following:

     SEC. 2804. AVAILABILITY OF MILITARY CONSTRUCTION FUNDS FOR 
                   ENERGY EFFICIENCY DESIGN UPDATES.

       (a) In General.--Subchapter I of chapter 169 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2916. Availability of funds for energy efficiency 
       design updates

       ``(a) In General.--For any military construction project 
     that is authorized by law and for which the design has been 
     substantially completed but construction has not begun, the 
     Secretary of Defense may use fiscal year 2011 unobligated 
     planning and design funds to update the project design to 
     meet applicable Federal building energy efficiency standards 
     established under section 305 of the Energy Conservation and 
     Production Act (42 U.S.C. 6834).
       ``(b) Limitations.--(1) The use of funds under subsection 
     (a) shall not exceed the estimated energy or other cost 
     savings associated with the updates as determined by a life-
     cycle cost analysis under section 544 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8254).
       ``(2) The Secretary of Defense may not update a project 
     design under subsection (a) if to do so would substantially 
     delay the completion of a military construction project.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 2915 the following new item:

``2916. Availability of funds for energy efficiency design updates.''.

                                 ______
                                 
  SA 1242. Mr. WARNER (for himself (and Mr. Webb) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 526, in the table following line 19, strike the 
     item relating to ``Naval Station, Mayport''.
       On page 528, line 15, strike ``$2,656,457,000'' and insert 
     ``$2,641,459,000''.
       On page 528, line 18, strike ``$1,956,822,000'' and insert 
     ``$1,941,824,000''.
       On page 651, in the item relating to Massey Avenue Corridor 
     Improvements, Mayport, Florida, strike ``14,998'' in the 
     Senate Agreement column and insert ``0''.
       On page 652, in the item relating to Total Military 
     Construction, Navy, strike ``2,187,622'' and insert 
     ``2,173,624''.
                                 ______
                                 
  SA 1243. Mr. WARNER (for himself and Mr. Webb) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 532, after line 21, add the following:

     SEC. 2209. LIMITATION ON FUNDING FOR ESTABLISHING A HOMEPORT 
                   FOR A NUCLEAR-POWERED AIRCRAFT CARRIER AT 
                   MAYPORT NAVAL STATION, FLORIDA.

       None of the funds appropriated pursuant to the 
     authorization of appropriations in section 2204 may be used 
     for architectural and engineering services and construction 
     design of any military construction project necessary to 
     establish a homeport for a nuclear-powered aircraft carrier 
     at Naval Station Mayport, Florida.
                                 ______
                                 
  SA 1244. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 XXVIII, add the 
     following:

     SEC. 2814. CLARIFICATION OF AUTHORITY OF SECRETARY TO ASSIST 
                   WITH DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN 
                   CONNECTION WITH THE ESTABLISHMENT OR EXPANSION 
                   OF A MILITARY INSTALLATION.

       Section 2391 of title 10, United States Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Authorization Requirement.--If the Secretary of 
     Defense determines that any grant, cooperative agreement, or 
     supplement of funds available under Federal programs 
     administered by agencies other than the Department of Defense 
     provided under this section will result in the development 
     (including repair, replacement, renovation, conversion, 
     improvement, expansion, acquisition, or construction) of 
     public infrastructure, such grant, cooperative agreement, or 
     supplemental funding shall be specifically authorized by 
     law.''; and
       (3) in subsection (e), as redesignated by paragraph (1), by 
     adding at the end the following new paragraph:
       ``(4) The term `public infrastructure' means any utility, 
     method of transportation, item of equipment, or facility 
     under the control of a public entity or State or local 
     government that is used by, or constructed for the benefit 
     of, the general public.''.
                                 ______
                                 
  SA 1245. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 573, strike line 10 and all that follows 
     through page 575, line 16, and insert the following:
       (iv) A reduction in the investment for capital 
     infrastructure or equipment required to support data centers 
     as measured in cost per megawatt of data storage.
       (v) A reduction in the number of commercial and government 
     developed applications running on data servers and within 
     data centers.
       (vi) A reduction in the number of government and vendor 
     provided full-time equivalent personnel, and in the cost of 
     labor, associated with the operation of data servers and data 
     centers.
       (B) Specification of required elements.--The Chief 
     Information Officer of the Department shall specify the 
     particular performance standards and measures and 
     implementation elements to be included in the plans submitted 
     under this paragraph, including specific goals and schedules 
     for achieving the matters specified in subparagraph (A).
       (2) Defense-wide plan.--
       (A) In general.--Not later than April 1, 2012, the Chief 
     Information Officer of the Department shall submit to the 
     congressional defense committees a performance plan for a 
     reduction in the resources required for data centers and 
     information systems technologies Department-wide. The plan 
     shall be based upon and incorporate appropriate elements of 
     the plans submitted under paragraph (1).
       (B) Elements.--The performance plan required under this 
     paragraph shall include the following:
       (i) A Department-wide performance plan for achieving the 
     matters specified in paragraph (1)(A), including performance 
     standards and measures for data centers and information 
     systems technologies, goals and schedules for achieving such 
     matters, and an estimate of cost savings anticipated through 
     implementation of the plan.
       (ii) A Department-wide strategy for each of the following:

       (I) Desktop, laptop, and mobile device virtualization.
       (II) Transitioning to cloud computing.
       (III) Migration of Defense data and government-provided 
     services from Department-owned and operated data centers to 
     cloud computing services generally available within the 
     private sector that provide a better capability at a lower 
     cost with the same or greater degree of security.
       (IV) Utilization of private sector-managed security 
     services for data centers and cloud computing services.
       (V) A finite set of metrics to accurately and transparently 
     report on data center infrastructure (space, power and 
     cooling): age, cost, capacity, usage, energy efficiency and 
     utilization, accompanied with the aggregate data for each 
     data center site in use by the Department in excess of 100 
     kilowatts of information technology power demand.
       (VI) Transitioning to just-in-time delivery of Department-
     owned data center infrastructure (space, power and cooling) 
     through use of modular data center technology and integrated 
     data center infrastructure management software.

                                 ______
                                 
  SA 1246. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for

[[Page 18112]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Strike section 1079 and insert the following:

     SEC. 1079. COMMISSION TO STUDY UNITED STATES FORCE POSTURE IN 
                   EAST ASIA AND THE PACIFIC REGION.

       (a) Independent Assessment.--
       (1) In general.--The Secretary of Defense shall establish a 
     commission to conduct an independent assessment of America's 
     security interests in East Asia and the Pacific region. The 
     commission shall be supported by an independent, non-
     governmental institute which is described in section 
     501(c)(3) of the Internal Revenue Code of 1986 and exempt 
     from tax under section 501(a) of such Code, and has 
     recognized credentials and expertise in national security and 
     military affairs with ready access to policy experts 
     throughout the country and from the region.
       (2) Elements.--The commission established pursuant to 
     paragraph (1) shall assess the following elements:
       (A) A review of current and emerging United States national 
     security interests in the East Asia and Pacific region.
       (B) A review of current United States military force 
     posture and deployment plans, with an emphasis on the current 
     plans for United States force realignments in Okinawa and 
     Guam.
       (C) Options for the realignment of United States forces in 
     the region to respond to new opportunities presented by 
     allies and partners.
       (D) The views of noted policy leaders and regional experts, 
     including military commanders in the region.
       (b) Members of the Commission.--
       (1) Composition.--For purposes of conducting the assessment 
     required by paragraph (a), the commission established shall 
     include eight members as follows:
       (A) Two appointed by the chairman of the Committee on Armed 
     Services of the House of Representatives.
       (B) Two appointed by the chairman of the Committee on Armed 
     Services of the Senate.
       (C) Two appointed by the ranking member of the Committee on 
     Armed Services of the House of Representatives.
       (D) Two appointed by the ranking member of the Committee on 
     Armed Services of the Senate.
       (2) Qualifications.--Individuals appointed to the 
     commission shall have significant experience in the national 
     security or foreign policy of the United States.
       (3) Deadline for appointment.--Appointments of the members 
     of the commission shall be made not later than 60 days after 
     the date of the enactment of this Act.
       (4) Chairman and vice chairman.--The commission shall 
     select a Chairman and Vice Chairman from among it members.
       (5) Tenure; vacancies.--Members shall be appointed for the 
     life of the commission. Any vacancy in the commission shall 
     not affect its powers, but shall be filled in the same manner 
     as the original appointment.
       (6) Meetings.--
       (A) Initial meeting.--Not later than 14 days after the date 
     on which all members of the commission have been appointed, 
     the commission shall hold its first meeting.
       (B) Calling of the chairman.--The commission shall meet at 
     the call of the Chairman.
       (C) Quorum.--A majority of the members of the commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (c) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the commission shall provide to the 
     Secretary of Defense an unclassified report, with a 
     classified annex, containing its findings. Not later than 90 
     days after the date of receipt of the report, the Secretary 
     of Defense, after consultation with the Chairman of the Joint 
     Chiefs of Staff, shall transmit the report to the 
     congressional defense committees, together with such comments 
     on the report as the Secretary considers appropriate.
       (d) Powers.--
       (1) Hearings.--The commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the commission considers advisable 
     to carry out this section.
       (2) Information sharing.--The commission may secure 
     directly from any Federal department or agency such 
     information as the commission considers necessary to carry 
     out this section. Upon request of the Chairman of the 
     commission, the head of such department or agency shall 
     furnish such information to the commission.
       (3) Administrative support.--Upon request of the 
     commission, the Administrator of General Services shall 
     provide to the commission, on a reimbursable basis, the 
     administrative support necessary for the commission to carry 
     out its duties under this section.
       (4) Mails.--The commission may use the United States mails 
     in the same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (5) Gifts.--The commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (e) Personnel Matters.--
       (1) Compensation of members.--Each member of the commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the commission under this section. All members of the 
     commission who are officers or employees of the United States 
     shall serve without compensation in addition to that received 
     for their services as officers or employees of the United 
     States.
       (2) Travel.--Members of the commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the commission under this 
     section.
       (3) Staffing.--
       (A) Executive director.--The Chairman of the commission 
     may, without regard to the civil service laws and 
     regulations, appoint and terminate an executive director and 
     such other additional personnel as may be necessary to enable 
     the commission to perform its duties under this section. The 
     employment of an executive director shall be subject to 
     confirmation by the commission.
       (B) Staff.--The commission may employ a staff to assist the 
     commission in carrying out its duties.
       (C) Compensation.--The Chairman of the commission may fix 
     the compensation of the executive director and other 
     personnel without regard to chapter 51 and subchapter III of 
     chapter 53 of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay for the executive director and 
     other personnel may not exceed the rate payable for level V 
     of the Executive Schedule under section 5316 of such title.
       (4) Details.--Any employee of the Department of Defense or 
     the Department of State may be detailed to the commission 
     without reimbursement, and such detail shall be without 
     interruption or loss of civil service status or privilege.
       (5) Temporary and intermittent services.--The Chairman of 
     the commission may procure temporary and intermittent 
     services under section 3109(b) of title 5, United States 
     Code, at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of such 
     title.
       (f) Security.--
       (1) Security clearances.--Members and staff of the 
     commission, and any experts and consultants to the 
     commission, shall possess security clearances appropriate for 
     their duties with the commission under this section.
       (2) Information security.--The Secretary of Defense shall 
     assume responsibility for the handling and disposition of any 
     information relating to the national security of the United 
     States that is received, considered, or used by the 
     commission under this section.
       (g) Termination of Panel.--The Panel shall terminate 45 
     days after the date on which the Panel submits its final 
     report under subsection (c).
                                 ______
                                 
  SA 1247. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       Beginning on page 534, strike line 8 and all that follows 
     through page 535, line 17, and insert the following:
       (a) Restriction on Use of Funds.--None of the funds 
     authorized to be appropriated under this title, or amounts 
     provided by the Government of Japan for military construction 
     activities on land under the jurisdiction of the Department 
     of Defense, may be obligated or expended to implement the 
     realignment of United States Marine Corps forces from Okinawa 
     to Guam as envisioned in the United States-Japan Roadmap for 
     Realignment Implementation issued May 1, 2006, until--
       (1) the Commandant of the Marine Corps provides the 
     congressional defense committees the Commandant's preferred 
     force lay-down for the United States Pacific Command Area of 
     Responsibility;
       (2) the Secretary of Defense submits to the congressional 
     defense committees a master plan for the construction of 
     facilities and infrastructure to execute the Commandant's 
     preferred force lay-down on Guam, including a detailed 
     description of costs and a schedule for such construction;
       (3) the Secretary of Defense certifies to the congressional 
     defense committees that tangible progress has been made 
     regarding the

[[Page 18113]]

     relocation of Marine Corps Air Station Futenma; and
       (4) a plan coordinated by all pertinent Federal agencies is 
     provided to the congressional defense committees detailing 
     descriptions of work, costs, and a schedule for completion of 
     construction, improvements, and repairs to the non-military 
     utilities, facilities, and infrastructure on Guam affected by 
     the realignment of forces.
       (b) Restriction on Development of Public Infrastructure.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary of Defense is prohibited from using the 
     authority provided by section 2391 of title 10, United States 
     Code, to carry out any grant, cooperative agreement, or 
     supplement of funds available under Federal programs 
     administered by agencies other than the Department of Defense 
     provided under this section that will result in the 
     development (including repair, replacement, renovation, 
     conversion, improvement, expansion, acquisition, or 
     construction) of public infrastructure on Guam until the 
     requirements under subsection (a) are satisfied.
       (2) Public infrastructure defined.--In this section, the 
     term ``public infrastructure'' means any utility, method of 
     transportation, item of equipment, or facility under the 
     control of a public entity or State or local government that 
     is used by, or constructed for the benefit of, the general 
     public.
                                 ______
                                 
  SA 1248. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1024. AUTHORITY FOR OVERHAUL AND REPAIR OF VESSELS IN 
                   COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

       Section 7310(a) of title 10, United States Code, is 
     amended--
       (1) in the subsection heading, by striking ``United States 
     or Guam'' and inserting ``United States, Guam, or the 
     Commonwealth of the Northern Mariana Islands''; and
       (2) by striking ``United States or Guam'' both places it 
     appears and inserting ``United States, Guam, or the 
     Commonwealth of the Northern Mariana Islands''.
                                 ______
                                 
  SA 1249. Mr. McCAIN (for himself and Ms. Ayotte) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 808. LIMITATION ON USE OF COST-TYPE CONTRACTS.

       (a) Prohibition With Respect to Production of Major Defense 
     Acquisition Programs.--
       (1) In general.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     modify the acquisition regulations of the Department of 
     Defense to prohibit the Department from entering into cost-
     type contracts for the production of major defense 
     acquisition programs (MDAPs).
       (2) Exception for joint urgent operational needs.--The 
     prohibition under subsection (a) shall not apply in the case 
     of a particular cost-plus contract if the Under Secretary for 
     Acquisition, Technology, and Logistics--
       (A) certifies, in writing, with reasons, and on the basis 
     of a validation of a joint urgent operational need by the 
     Joint Requirements Oversight Council, that a cost-type 
     contract is needed to provide capability required to satisfy 
     a joint urgent operational need; and
       (B) provides the certification to the congressional defense 
     committees not later than 30 business before issuing a 
     solicitation for the production of a major defense 
     acquisition program.
       (b) Conditions With Respect to Development of Major Defense 
     Acquisition Programs.--Section 818(d) of the John Warner 
     National Defense Authorization Act for Fiscal Year 2007 
     (Public Law 109-364; 120 Stat. 2329; 10 U.S.C. 2306 note) is 
     amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraphs:
       ``(3) all reasonable efforts have been made to define the 
     requirements sufficiently to allow for the use of a fixed-
     price contract for the development of the major defense 
     acquisition program; and
       ``(4) despite these efforts, the Department of Defense 
     cannot define requirements sufficiently to allow for the use 
     of a fixed-price contract for the development of the major 
     defense acquisition program.''.
       (c) Reporting of Cost-type Development Contracts.--Not 
     later than 30 business days before issuing a solicitation for 
     the development of a major defense acquisition program, the 
     Secretary of Defense shall submit to the congressional 
     defense committees notice of the proposed award and the 
     written determinations required under paragraphs (1) and (4) 
     of section 818(d) of the John Warner National Defense 
     Authorization Act for Fiscal Year 2007, as amended by 
     subsection (b), and the reasons supporting the 
     determinations.
       (d) Definitions.--In this section:
       (1) Major defense acquisition program.--The term ``major 
     defense acquisition program'' has the meaning given the term 
     in section 2430(a) of title 10, United States Code.
       (2) Production of a major defense acquisition program.--The 
     term ``production of a major defense acquisition program'' 
     means the production, either on a low-rate initial production 
     or full-rate production basis, and deployment of a major 
     system that is intended to achieve operational capability 
     that satisfies mission needs, or any activity otherwise 
     defined as Milestone C, or Key Decision Point C in the case 
     of a space program, under Department of Defense Instruction 
     5000.02 or related authorities.
       (3) Development of a major defense acquisition program.--
     The term ``development of a major defense acquisition 
     program'' means the development of a major defense 
     acquisition program or related increment of capability, the 
     completion of full system integration, the development of an 
     affordable and executable manufacturing process, the 
     demonstration of system integration, interoperability, 
     safety, and utility, or any activity otherwise defined as 
     Milestone B, or Key Decision Point B in the case of a space 
     program, under Department of Defense Instruction 5000.02 or 
     related authorities.
                                 ______
                                 
  SA 1250. Mr. McCAIN (for himself, Mr. Brown of Massachusetts, and Mr. 
Lieberman) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 158. REPORT ON PROBATIONARY PERIOD IN DEVELOPMENT OF 
                   SHORT TAKE-OFF, VERTICAL LANDING VARIANT OF THE 
                   JOINT STRIKE FIGHTER.

       Not later than 45 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 development 
     of the short take-off, vertical landing variant of the Joint 
     Strike Fighter (otherwise known as the F-35B Joint Strike 
     Fighter) that includes the following:
       (1) An identification of the criteria that the Secretary 
     determines must be satisfied before the F-35B Joint Strike 
     Fighter can be removed from the two-year probationary status 
     imposed by the Secretary on or about January 6, 2011.
       (2) A mid-probationary period assessment of--
       (A) the performance of the F-35B Joint Strike Fighter based 
     on the criteria described in paragraph (1); and
       (B) the technical issues that remain in the development 
     program for the F-35B Joint Strike Fighter.
       (3) A plan for how the Secretary intends to resolve the 
     issues described in paragraph (2)(B) before January 6, 2013.
                                 ______
                                 
  SA 1251. Mr. WEBB (for himself, Mr. Graham, and Mr. Blumenthal) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 848. PARA-ARAMID FIBERS AND YARNS.

       (a) Repeal of Foreign Supplier Exemption.--Section 807 of 
     the Strom Thurmond National Defense Authorization Act for 
     Fiscal Year 1999 (Public Law 105-261; 112 Stat. 2084) is 
     repealed.
       (b) Prohibition on Specification in Solicitations.--No 
     solicitation issued by the Department of Defense may include 
     a requirement that proposals submitted pursuant to such 
     solicitation must include the use of para-aramid fibers and 
     yarns.

[[Page 18114]]


                                 ______
                                 
  SA 1252. Mrs. FEINSTEIN (for herself and Mr. Leahy) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1088. LIMITATION ON THE USE OF CLUSTER MUNITIONS.

       (a) Limitation.--No funds appropriated or otherwise 
     available to any Federal department or agency may be 
     obligated or expended to use any cluster munitions unless--
       (1) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments; and
       (2) the policy applicable to the use of such cluster 
     munitions specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present or in areas 
     normally inhabited by civilians.
       (b) Presidential Waiver.--The President may waive the 
     requirement under subsection (a)(1) if, prior to the use of 
     cluster munitions, the President--
       (1) certifies that it is vital to protect the security of 
     the United States; and
       (2) not later than 30 days after making such certification, 
     submits to the appropriate congressional committees a report, 
     in classified form if necessary, describing in detail--
       (A) the steps that will be taken to protect civilians; and
       (B) the failure rate of the cluster munitions that will be 
     used and whether such munitions are fitted with self-destruct 
     or self-deactivation devices.
       (c) Cleanup Plan.--Not later than 90 days after any cluster 
     munitions are used by a Federal department or agency, the 
     President shall submit to the appropriate congressional 
     committees a plan, prepared by such Federal department or 
     agency, for cleaning up any such cluster munitions and 
     submunitions which fail to explode and continue to pose a 
     hazard to civilians.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the congressional defense committees and the Committee 
     on Foreign Relations of the Senate and the Committee on 
     Foreign Affairs of the House of Representatives.
                                 ______
                                 
  SA 1253. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 515. TEMPORARY RETENTION ON ACTIVE DUTY AFTER 
       DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED DEPLOYMENTS 
       IN CONTINGENCY OPERATIONS OR HOMELAND DEFENSE MISSIONS.

       (a) In General.--Chapter 1209 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 12323. Reserves: temporary retention on active duty 
       after demobilization following extended deployments in 
       contingency operations or homeland defense missions

       ``(a) In General.--Subject to subsection (d), a member of a 
     reserve component of the armed forces described in subsection 
     (b) shall be retained on active duty in the armed forces for 
     a period of 45 days following the conclusion of the member's 
     demobilization from a deployment as described in that 
     subsection, and shall be authorized the use of any accrued 
     leave.
       ``(b) Covered Members.--A member of a reserve component of 
     the armed forces described in this subsection is any member 
     of a reserve component of the armed forces who was deployed 
     for more than 269 days under the following:
       ``(1) A contingency operation.
       ``(2) A homeland defense mission (as specified by the 
     Secretary of Defense for purposes of this section).
       ``(c) Pay and Allowances.--Notwithstanding any other 
     provision of law, while a member is retained on active duty 
     under subsection (a), the member shall receive--
       ``(1) the basic pay payable to a member of the armed forces 
     under section 204 of title 37 in the same pay grade as the 
     member;
       ``(2) the basic allowance for subsistence payable under 
     section 402 of title 37; and
       ``(3) the basic allowance for housing payable under section 
     403 of title 37 for a member in the same pay grade, 
     geographic location, and number of dependents as the member.
       ``(d) Early Release From Active Duty.--(1) Subject to 
     paragraph (2), at the written request of a member retained on 
     active duty under subsection (a), the member shall be 
     released from active duty not later than the end of the 14-
     day period commencing on the date the request was received. 
     If such 14-day period would end after the end of the 45-day 
     period specified in subsection (a), the member shall be 
     released from active duty not later than the end of such 45-
     day period.
       ``(2) The request of a member for early release from active 
     duty under paragraph (1) may be denied only for medical or 
     personal safety reasons. The denial of the request shall 
     require the affirmative action of an officer in a grade above 
     O-5 who is in the chain of command of the member. If the 
     request is not denied before the end of the 14-day period 
     applicable under paragraph (1), the request shall be deemed 
     to be approved, and the member shall be released from active 
     duty as requested.
       ``(e) Treatment of Active Duty Under Policy on Limitation 
     of Period of Mobilization.--The active duty of a member under 
     this section shall not be included in the period of 
     mobilization of units or individuals under section 12302 of 
     this title under any policy of the Department of Defense 
     limiting the period of mobilization of units or individuals 
     to a specified period, including the policy to limit such 
     period of mobilization to 12 months as described in the 
     memorandum of the Under Secretary of Defense for Personnel 
     and Readiness entitled `Revised Mobilization/Demobilization 
     Personnel and Pay Policy for Reserve Component Members 
     Ordered to Active Duty in Response to the World Trade Center 
     and Pentagon Attacks-Section 1,' effective January 19, 2007.
       ``(f) Reintegration Counseling and Services.--(1) The 
     Secretary of the military department concerned may provide 
     each member retained on active duty under subsection (a), 
     while the member is so retained on active duty, counseling 
     and services to assist the member in reintegrating into 
     civilian life.
       ``(2) The counseling and services provided members under 
     this subsection may include the following:
       ``(A) Physical and mental health evaluations.
       ``(B) Employment counseling and assistance.
       ``(C) Marriage and family counseling and assistance.
       ``(D) Financial management counseling.
       ``(E) Education counseling.
       ``(F) Counseling and assistance on benefits available to 
     the member through the Department of Defense and the 
     Department of Veterans Affairs.
       ``(3) The Secretary of the military department concerned 
     shall provide, to the extent practicable, for the 
     participation of appropriate family members of members 
     retained on active duty under subsection (a) in the 
     counseling and services provided such members under this 
     subsection.
       ``(4) The counseling and services provided to members under 
     this subsection shall, to the extent practicable, be provided 
     at National Guard armories and similar facilities close the 
     residences of such members.
       ``(5) Counseling and services provided a member under this 
     subsection shall, to the extent practicable, be provided in 
     coordination with the Yellow Ribbon Reintegration Program of 
     the State concerned under section 582 of the National Defense 
     Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 
     note).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 1209 of such title is amended by adding 
     at the end the following new item:

``12323. Reserves: temporary retention on active duty after 
              demobilization following extended deployments in 
              contingency operations or homeland defense missions.''.
                                 ______
                                 
  SA 1254. Mr. LIEBERMAN (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:
       At the end of subtitle G of title X, add the following:

     SEC. 1080. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA 
       BATTLE CONCEPT.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the approved Air Sea 
     Battle Concept, as required by the 2010 Quadrennial Defense 
     Review Report, and a plan for the implementation of the 
     concept.
       (b) Elements.--The report required by subsection (a) shall 
     include, at a minimum, the following:

[[Page 18115]]

       (1) The approved Air Sea Battle Concept.
       (2) An identification and assessment of risks related to 
     gaps between Air Sea Battle Concept requirements and the 
     current force structure and capabilities of the Department of 
     Defense.
       (3) The plan and assessment of the Department on the risks 
     to implementation of the approved concept within the current 
     force structure and capabilities.
       (4) A description and assessment of how current research, 
     development, and acquisition priorities in the program of 
     record meet or fail to meet current and future requirements 
     for implementation of the Air Sea Battle Concept.
       (5) An identification, in order of priority, of the five 
     most critical force structure or capabilities requiring 
     increased or sustained investment for the implementation of 
     the Air Sea Battle Concept.
       (6) An identification, in order of priority, of how the 
     Department will offset the increased costs for force 
     structure and capabilities required by implementation of the 
     Air Sea Battle Concept, including an explanation of what 
     force structure, capabilities, and programs will be reduced 
     and how potentially increased risks based on those reductions 
     will be managed relative to other strategic requirements.
       (7) A description and assessment of the estimated 
     incremental increases in costs and savings from implementing 
     the Air Sea Battle Concept, including the most significant 
     reasons for those increased costs and savings.
       (8) A description and assessment of the contributions 
     required from allies and other international partners, 
     including the identification and plans for management of 
     related risks, in order to implement the Air Sea Battle 
     Concept.
       (9) Such other matters relating to the development and 
     implementation of the Air Sea Battle Concept as the Secretary 
     considers appropriate.
       (c) Separate Assessment by CJCS.--The report required by 
     subsection (a) shall include in a separate enclosure the 
     independent assessment of the Chairman of the Joint Chiefs of 
     Staff on the following:
       (1) The approved Air Sea Battle Concept.
       (2) The relationship of the Air Sea Battle Concept to the 
     National Military Strategy.
       (3) Any changes in the distribution of strategic or 
     operational risks associated with implementation of Air Sea 
     Battle Concept, including increases or decreases in force 
     structure, capabilities, or investment priorities as 
     identified in paragraphs (5) and (6) of subsection (b).
       (4) Such other matters related to the development, content, 
     and plans for the implementation of the Air Sea Battle 
     Concept as the Chairman considers appropriate.
       (d) Separate Assessments by Secretaries of Military 
     Departments.--The report required by subsection (a) shall 
     include in separate enclosures the independent assessments of 
     each of the Secretaries of the military departments on the 
     following:
       (1) The approved Air Sea Battle Concept.
       (2) Any changes in the distribution of risk associated with 
     implementation of Air Sea Battle Concept, including increases 
     or decreases in force structure, capabilities, or investment 
     priorities as identified in subsection (b)(5).
       (3) Such other matters related to the development, content, 
     and plans for the implementation of the Air Sea Battle 
     Concept as such Secretary considers appropriate.
       (e) Form.--The report required by subsection (a) shall be 
     submitted in both unclassified and classified form.
                                 ______
                                 
  SA 1255. Mr. NELSON of Florida (for himself and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

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

     SEC. 723. EPIDEMIOLOGICAL STUDY ON HEALTH OF MILITARY 
                   PERSONNEL EXPOSED TO BURN PIT EMISSIONS AT 
                   JOINT BASE BALAD.

       The Secretary of Defense shall conduct a cohort study on 
     the long-term health effects of exposure to burn pit 
     emissions in military personnel deployed at Joint Base Balad. 
     The study shall include a prospective evaluation from 
     retrospective estimates of such exposures. The study shall be 
     conducted in accordance with recommendations by the Institute 
     of Medicine concluding that further study is needed to 
     establish correlation between burn pit exposure and disease.
                                 ______
                                 
  SA 1256. Mr. MERKLEY (for himself, Mr. Lee, and Mr. paul) proposed an 
amendment to the bill S. 1867, to authorize appropriations for fiscal 
year 2012 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; as follows:

       On page 484, strike lines 8 through 24 and insert the 
     following:
       (8) During the course of Operation Enduring Freedom, 
     members of the Armed forces, intelligence personnel, and the 
     diplomatic corps have skillfully achieved the core goal of 
     the United States strategy in Afghanistan, and Secretary of 
     Defense Leon E. Panetta has noted that al Qaeda's presence in 
     Afghanistan has been greatly diminished.
       (9) On May 1, 2011, in support of the goal to disrupt, 
     dismantle, and defeat al Qaeda, President Obama authorized a 
     United States operation that killed Osama bin Laden, leader 
     of al Qaeda. While the impact of his death on al Qaeda 
     remains to be seen, Secretary of Defense Robert Gates called 
     the death of bin Laden a ``game changer'' in a speech on May 
     6, 2011.
       (10) Over the past ten years, the mission of the United 
     States has evolved to include a prolonged nation-building 
     effort in Afghanistan, including the creation of a strong 
     central government, a national police force and army, and 
     effective civic institutions.
       (11) Such nation-building efforts in Afghanistan are 
     undermined by corruption, high illiteracy, and a historic 
     aversion to a strong central government in that country.
       (12) The continued concentration of United States and NATO 
     military forces in one region, when terrorist forces are 
     located in many parts of the world, is not an efficient use 
     of resources.
       (13) The battle against terrorism is best served by using 
     United States troops and resources in a counterterrorism 
     strategy against terrorist forces wherever they may locate 
     and train.
       (14) The United States Government will continue to support 
     the development of Afghanistan with a strong diplomatic and 
     counterterrorism presence in the region.
       (b) Benchmarks Required.--The President shall establish, 
     and may update from time to time, a comprehensive set of 
     benchmarks to evaluate progress being made toward the 
     objective of transitioning and transferring lead security 
     responsibilities in Afghanistan to the Government of 
     Afghanistan by December 31, 2014.
       (c) Transition Plan.--The President shall devise a plan 
     based on inputs from military commanders, the diplomatic 
     missions in the region, and appropriate members of the 
     Cabinet, along with the consultation of Congress, for 
     expediting the drawdown of United States combat troops in 
     Afghanistan and accelerating the transfer of security 
     authority to Afghan authorities.
       (d) Submittal to Congress.--The President shall include the 
     most current set of benchmarks established pursuant to 
     subsection (b) and the plan pursuant to subsection (c) with 
     each report on progress
                                 ______
                                 
  SA 1257. Mr. MERKLEY (for himself, Mr. Lee, and Mr. Paul) proposed an 
amendment to the bill S. 1867, to authorize appropriations for fiscal 
year 2012 for military activities of the Department of Defense, for 
military construction, and for defense activities of the Department of 
Energy, to prescribe military personnel strengths for such fiscal year, 
and for other purposes; as follows:

       On page 484, strike line 22 through line 24 and insert the 
     following:
       (c) Transition Plan.--The President shall devise a plan 
     based on inputs from military commanders, the diplomatic 
     missions in the region, and appropriate members of the 
     Cabinet, along with the consultation of Congress, for 
     expediting the drawdown of United States combat troops in 
     Afghanistan and accelerating the transfer of security 
     authority to Afghan authorities.
       (d) Submittal to Congress.--The President shall include the 
     most current set of benchmarks established pursuant to 
     subsection (b) and the plan pursuant to subsection (c) with 
     each report on progress
                                 ______
                                 
  SA 1258. Mr. MERKLEY proposed an amendment to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DESIGNATION OF QUALIFIED CENSUS TRACTS.

       (a) Designation.--
       (1) Identification of hubzone qualified census tracts.--Not 
     later than 2 months after the date on which the Secretary of 
     Housing and Urban Development receives from the Census Bureau 
     the data obtained from each decennial census relating to 
     census tracts necessary for such identification, the 
     Secretary of Housing and Urban Development shall identify and 
     publish the list of

[[Page 18116]]

     census tracts that meet the requirements of section 
     42(d)(5)(B)(ii) of the Internal Revenue Code of 1986.
       (2) Specification of effective dates of designation.--
       (A) Hubzone effective date.--The Secretary of Housing and 
     Urban Development, after consultation with the Administrator 
     of the Small Business Administration, shall designate a date 
     that is not later than 3 months after the publication of the 
     list of qualified census tracts under paragraph (1) upon 
     which the list published under paragraph (1) becomes 
     effective for areas that qualify as HUBZones under section 
     3(p)(1)(A) of the Small Business Act (15 U.S.C. 
     632(p)(1)(A)).
       (B) Section 42 effective date.--The Secretary of Housing 
     and Urban Development shall designate a date, which may 
     differ from the HUBZone effective date under subparagraph 
     (A), upon which the list of qualified census tracts published 
     under paragraph (1) shall become effective for purposes of 
     section 42(d)(5)(B)(ii) of the Internal Revenue Code of 1986.
       (3) Rule of construction.--Nothing in this subsection may 
     be construed to affect the method used by the Secretary of 
     Housing and Urban Development to designate census tracts as 
     qualified census tracts in a year in which the Secretary of 
     Housing and Urban Development receives no data from the 
     Census Bureau relating to census tract boundaries.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     report that--
       (1) describes the benefits and drawbacks of using qualified 
     census tract data to designate HUBZones under section 3(p) of 
     the Small Business Act (15 U.S.C. 632(p));
       (2) describes any problems encountered by the Administrator 
     in using qualified census tract data to designate HUBZones; 
     and
       (3) includes recommendations, if any, for ways to improve 
     the process of designating HUBZones.
                                 ______
                                 
  SA 1259. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

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

     SEC. 325. LINKING DOMESTIC MANUFACTURERS TO DEFENSE SUPPLY 
                   CHAIN OPPORTUNITIES.

       The Secretary of Defense is authorized to work with the 
     Hollings Manufacturing Partnership Program and other 
     manufacturing-related local intermediaries designated by the 
     Secretary to develop a multi-agency comprehensive plan to 
     expand domestic defense and industrial base supply chains 
     with involvement from other applicable Federal agencies or 
     industry consortiums--
       (1) to identify United States manufacturers currently 
     producing, or capable of producing, defense and industrial 
     base equipment, component parts, or similarly performing 
     products; and
       (2) to work with partners to identify and address gaps in 
     domestic supply chains.
                                 ______
                                 
  SA 1260. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

       Strike section 846.
                                 ______
                                 
  SA 1261. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

       At the end of title XXVII, add the following:

     SEC. 2705. SMALL BUSINESS HUBZONES.

       Section 152(a)(2) of the Small Business Reauthorization and 
     Manufacturing Assistance Act of 2004 (15 U.S.C. 632 note) is 
     amended by inserting before the period at the end ``, 
     beginning on the date of enactment of the National Defense 
     Authorization Act for Fiscal Year 2012''.
                                 ______
                                 
  SA 1262. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

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

     SEC. 889. ADDITIONAL DEFINITION RELATING TO PRODUCTION OF 
                   SPECIALTY METALS WITHIN THE UNITED STATES.

       Section 2533b(m) of title 10, United States Code, is 
     amended by adding at the end the following new paragraph:
       ``(11) The term `produced', as used in subsections (a) and 
     (b), means melted, or processed in a manner that results in 
     physical or chemical property changes that are the equivalent 
     of melting. The term does not include finishing processes 
     such as rolling, heat treatment, quenching, tempering, 
     grinding, or shaving.''.
                                 ______
                                 
  SA 1263. Mr. BROWN of Ohio submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe military personnel strengths for such fiscal 
year, and for other purposes; as follows:

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

     SEC. 2823. LAND CONVEYANCE, JOHN KUNKEL ARMY RESERVE CENTER, 
                   WARREN, OHIO.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the Western Reserve Port Authority of Vienna, Ohio 
     (in this section referred to as the ``Port Authority''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property, including any improvements thereon, 
     consisting of approximately 6.95 acres and containing the 
     John Kunkel Army Reserve Center located at 4967 Tod Avenue in 
     Warren, Ohio, for the purpose of permitting the Port 
     Authority to use the parcel for development of a port 
     facility and for other public purposes.
       (b) Inclusion of Personal Property.--The Secretary of the 
     Army may include as part of the conveyance under subsection 
     (a) personal property located at the John Kunkel Army Reserve 
     Center that--
       (1) the Secretary of Transportation recommends would be 
     appropriate for the development or operation of a port 
     facility at the site; and
       (2) the Secretary of the Army agrees is excess to the needs 
     of the Army.
       (c) Interim Lease.--Until such time as the real property 
     described in subsection (a) is conveyed to the Port 
     Authority, the Secretary of the Army may lease the property 
     to the Port Authority.
       (d) Consideration.--
       (1) Conveyance.--The conveyance under subsection (a) shall 
     be made without consideration as a public benefit conveyance 
     for port development if the Secretary of the Army determines 
     that the Port Authority satisfies the criteria specified in 
     section 554 of title 40, United States Code, and regulations 
     prescribed to implement such section. If the Secretary 
     determines that the Port Authority fails to qualify for a 
     public benefit conveyance, but the Port Authority still 
     desires to acquire the property, the Port Authority shall pay 
     to the United States an amount equal to the fair market value 
     of the property to be conveyed. The fair market value of the 
     property shall be determined by the Secretary.
       (2) Lease.--The Secretary of the Army may accept as 
     consideration for a lease of the property under subsection 
     (c) an amount that is less than fair market value if the 
     Secretary determines that the public interest will be served 
     as a result of the lease.
       (e) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the Port 
     Authority to reimburse the Secretary to cover costs (except 
     costs for environmental remediation of the property) to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs for 
     environmental documentation, and any other administrative 
     costs related to the conveyance.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover those costs incurred 
     by the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (f) Description of Property.--The exact acreage and legal 
     description of the property to be conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the

[[Page 18117]]

     Secretary of the Army and the Port Authority. The cost of 
     such survey shall be borne by the Port Authority.
       (g) Additional Terms and Conditions.--The Secretary of the 
     Army may require such additional terms and conditions in 
     connection with the conveyance as the Secretary considers 
     appropriate to protect the interests of the United States.
                                 ______
                                 
  SA 1264. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. USE OF INNOVATIVE FINANCING MECHANISMS FOR 
                   REPLACEMENT AND ACQUISITION OF ENERGY EFFICIENT 
                   EQUIPMENT AND IMPLEMENTATION OF ENERGY 
                   CONSERVATION PROJECTS.

       The Secretary of Defense shall make the maximum use of 
     financing mechanisms to reduce the use of appropriated funds 
     and leverage more efficiency for the Department when 
     replacing energy equipment, acquiring new energy efficient 
     equipment, and implementing energy conservation projects.
                                 ______
                                 
  SA 1265. Mr. COONS (for himself, Mrs. Shaheen, and Mr. Portman) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. ELECTRIC VEHICLE CHARGING INFRASTRUCTURE.

       Section 804(4) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8287c(4)) is amended--
       (1) in subparagraph (A), by striking ``or'' after the 
     semicolon;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(C) a measure to support the use of electric vehicles or 
     the fueling or charging infrastructure necessary for electric 
     vehicles.''.
                                 ______
                                 
  SA 1266. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 316. TRAINING POLICY FOR DEPARTMENT OF DEFENSE ENERGY 
                   MANAGERS.

       (a) Establishment of Training Policy.--The Secretary of 
     Defense shall establish a training policy for Department of 
     Defense energy managers designated for military installations 
     in order to--
       (1) improve the knowledge, skills, and abilities of energy 
     managers by ensuring understanding of existing energy laws, 
     regulations, mandates, contracting options, local renewable 
     portfolio standards, current renewable energy technology 
     options, energy auditing, and options to reduce energy 
     consumption;
       (2) improve consistency among energy managers throughout 
     the Department in the performance of their responsibilities;
       (3) create opportunities and forums for energy managers to 
     exchange ideas and lessons learned within each military 
     department, as well as across the Department of Defense; and
       (4) collaborate with the Department of Energy regarding 
     energy manager training.
       (b) Issuance of Policy.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall issue the training policy for Department of Defense 
     energy managers.
       (c) Briefing Requirement.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of 
     Defense, or designated representatives of the Secretary, 
     shall brief the Committees on Armed Services of the Senate 
     and House of Representatives regarding the details of the 
     energy manager policy.
                                 ______
                                 
  SA 1267. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 2823. LAND CONVEYANCE, FORT WAINWRIGHT, ALASKA.

       (a) Conveyance Authorized.--The Secretary of the Army may 
     convey to the lessee of a parcel of real property located at 
     Fort Wainwright, Alaska, known as the Birchwood Property (the 
     ``Lessee'') all right, title, and interest of the United 
     States in and to such parcel, including any improvements 
     thereon, consisting of approximately 76 acres.
       (b) Consideration.--As consideration for the conveyance 
     under subsection (a), the Lessee shall pay to the Secretary 
     an amount that is not less than the fair market value of the 
     property conveyed, as determined by the Secretary, or 
     exchange an equitable piece of property subject to the 
     approval of the Secretary. The Secretary's determination 
     shall be final. In lieu of all or a portion of cash payment 
     of consideration, the Secretary may accept in-kind 
     consideration, including environmental remediation for the 
     property conveyed.
       (c) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary shall require the 
     Lessee to reimburse the Secretary to cover costs (except 
     costs for environmental remediation of the property) to be 
     incurred by the Secretary, or to reimburse the Secretary for 
     costs incurred by the Secretary, to carry out the conveyance 
     under subsection (a), including survey costs, costs for 
     environmental documentation, and any other administrative 
     costs related to the conveyance.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover those costs incurred 
     by the Secretary in carrying out the conveyance. Amounts so 
     credited shall be merged with amounts in such fund or 
     account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such fund or account.
       (d) Compliance With Environmental Laws.--Nothing in this 
     section shall be construed to affect or limit the application 
     of, or any obligation to comply with, any environmental law, 
     including the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).
       (e) Treatment of Cash Consideration Received.--Any cash 
     payment received by the United States as consideration for 
     the conveyance under subsection (a) shall be deposited in the 
     special account in the Treasury established under subsection 
     (b) of section 572 of title 40, United States Code, and shall 
     be available in accordance with paragraph (5)(B) of such 
     subsection.
       (f) Description of Property.--The exact acreage and legal 
     description of the parcel of real property to be conveyed 
     under this section shall be determined by a survey 
     satisfactory to the Secretary.
       (g) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1268. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Insert after section 4 the following:

     SEC. 5. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS OF ONE 
                   PERCENT.

       (a) Reduction.--Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), the aggregate 
     amount authorized to be appropriated by this Act is the total 
     amount authorized to be appropriated by this Act minus an 
     amount equal to one percent of such total amount, for a total 
     of not to exceed $559,500,000,000.
       (b) Exception.--Amounts authorized to be appropriated by 
     title XV (overseas contingency operations) of this Act shall 
     not be included in any calculation under subsection (a).
                                 ______
                                 
  SA 1269. Mr. BOOZMAN (for himself, Mr. Cornyn, Mr. Pryor, and Mrs. 
Hutchison) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense

[[Page 18118]]

activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 634. TREATMENT OF MEMBERS OF THE ARMED FORCES AND 
                   CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE 
                   WHO WERE KILLED OR WOUNDED IN THE NOVEMBER 5, 
                   2009, ATTACK AT FORT HOOD, TEXAS, OR IN THE 
                   JUNE 1, 2009, ATTACK AT A RECRUITING STATION IN 
                   LITTLE ROCK, ARKANSAS.

       (a) Treatment.--For purposes of all applicable Federal 
     laws, regulations, and policies, a member of the Armed Forces 
     or civilian employee of the Department of Defense who was 
     killed or wounded in the attack that occurred at Fort Hood, 
     Texas, on November 5, 2009, or in the attack that occurred at 
     a recruiting station in Little Rock, Arkansas, on June 1, 
     2009, shall be deemed as follows:
       (1) In the case of a member, to have been killed or wounded 
     in a combat zone as the result of an act of an enemy of the 
     United States.
       (2) In the case of a civilian employee of the Department of 
     Defense--
       (A) to have been killed or wounded while serving with the 
     Armed Forces in a contingency operation; and
       (B) to have been killed or wounded in a terrorist attack.
       (b) Exception.--Subsection (a) shall not apply to a member 
     of the Armed Forces whose death or wound as described in that 
     subsection is the result of the willful misconduct of the 
     member.
                                 ______
                                 
  SA 1270. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Insert after section 4 the following:

     SEC. 5. REDUCTION IN AUTHORIZATION OF APPROPRIATIONS OF TWO 
                   PERCENT.

       (a) Reduction.--Notwithstanding any other provision of this 
     Act and except as provided in subsection (b), the aggregate 
     amount authorized to be appropriated by this Act is the total 
     amount authorized to be appropriated by this Act minus an 
     amount equal to two percent of such total amount, for a total 
     of not to exceed $553,900,000,000.
       (b) Exception.--Amounts authorized to be appropriated by 
     title XV (overseas contingency operations) of this Act shall 
     not be included in any calculation under subsection (a).
                                 ______
                                 
  SA 1271. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 914. PROHIBITION ON APPROVAL OF CERTAIN NATIONAL 
                   SECURITY SPACE PROGRAMS THAT DO NOT INCLUDE 
                   REASONABLE COST ESTIMATES FOR LAUNCH VEHICLES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) it should be a joint priority objective of the 
     Secretary of Defense and the Director of National 
     Intelligence to reduce the overall cost of space launch 
     without jeopardizing the enviable recent record of successful 
     national security space launches by the United States;
       (2) a variety of tools should be considered to achieve that 
     objective, including the introduction of competition for 
     contracts relating to space launch activities, the leveraging 
     of lot purchases and economies of scale, and the provision of 
     cost-reduction incentives relating to such contracts; and
       (3) the document entitled ``Coordinated Strategy Among the 
     United States Air Force, the National Reconnaissance Office, 
     and the National Aeronautics and Space Administration for New 
     Entrant Launch Vehicle Certification'', dated October 12, 
     2011, sets forth an appropriate mechanism to support 
     competition relating to space launch activities while 
     maintaining the requirements of mission assurance.
       (b) Prohibition.--The Secretary of Defense may not approve 
     the system development and demonstration, or the production 
     and deployment, of a national security space program 
     requiring a space launch unless the cost estimate and the 
     budget submitted to Congress for the program includes a 
     reasonable cost estimate for a launch vehicle that, at the 
     time the cost estimate is established, is certified to meet 
     the risk classification for the payload of the program, as 
     defined in the document referred to in subsection (a)(3).
                                 ______
                                 
  SA 1272. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

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

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

       (iii) in subsection (h)(2), by striking ``section 35(d)'' 
     and inserting ``section 34(d)'';
       (D) in section 34 (15 U.S.C. 657e), as so redesignated--
       (i) by striking ``section 34'' each place it appears and 
     inserting ``section 33''; and
       (ii) in subsection (c)(1), by striking section 
     ``34(c)(1)(E)(ii)'' and inserting section 
     ``33(c)(1)(E)(ii)'';
       (E) in section 36(d) (15 U.S.C. 657i(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42'';
       (F) in section 39(d) (15 U.S.C. 657l(d)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''; and
       (G) in section 40(b) (15 U.S.C. 657m(b)), as so 
     redesignated, by striking ``section 43'' and inserting 
     ``section 42''.
       (2) Title 10.--Section 1142(b)(13) of title 10, United 
     States Code, is amended by striking ``and the National 
     Veterans Business Development Corporation''.
       (3) Title 38.--Section 3452(h) of title 38, United States 
     Code, is amended by striking ``any of the'' and all that 
     follows and inserting ``any small business development center 
     described in section 21 of the Small Business Act (15 U.S.C. 
     648), insofar as such center offers, sponsors, or cosponsors 
     an entrepreneurship course, as that term is defined in 
     section 3675(c)(2).''.
       (4) Food, conservation, and energy act of 2008.--Section 
     12072(c)(2) of the Food, Conservation, and Energy Act of 2008 
     (15 U.S.C. 636g(c)(2)) is amended by striking ``section 43 of 
     the Small Business Act, as added by this Act'' and inserting 
     ``section 42 of the Small Business Act (15 U.S.C. 657o)''.
       (5) Veterans entrepreneurship and small business 
     development act of 1999.--Section 203(c)(5) of the Veterans 
     Entrepreneurship and Small Business Development Act of 1999 
     (15 U.S.C. 657b note) is amended by striking ``In cooperation 
     with the National Veterans Business Development Corporation, 
     develop'' and inserting ``Develop''.
                                 ______
                                 
  SA 1273. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 3116. AUTHORIZATION OF DESIGN AND CONSTRUCTION OF 
                   REMOTE-HANDLED LOW-LEVEL WASTE DISPOSAL 
                   FACILITY AT IDAHO NATIONAL LABORATORY.

       The Secretary of Energy is authorized to obligate and 
     expend amounts authorized to be appropriated or otherwise 
     made available by this title for the Department of Energy for 
     fiscal year 2012 to begin the design and construction of the 
     Remote-Handled Low-Level Waste Disposal Facility at the Idaho 
     National Laboratory, Idaho Falls, Idaho.
                                 ______
                                 
  SA 1274. Mr. SESSIONS submitted an amendment intended to be proposed 
by

[[Page 18119]]

him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 360, between lines 17 and 18, insert the following:
       (5) Notwithstanding disposition under paragraph (2) or (3), 
     further detention under the law of war until the end of 
     hostilities authorized by the Authorization for Use of 
     Military Force.
                                 ______
                                 
  SA 1275. Mr. BEGICH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. PILOT PROGRAM ON PROVISION OF HEALTH CARE TO 
                   VETERANS RESIDING IN ALASKA AT NON-DEPARTMENT 
                   OF VETERANS AFFAIRS MEDICAL FACILITIES.

       (a) In General.--The Secretary of Veterans Affairs shall 
     establish a pilot program to assess the feasibility and 
     advisability of carrying out a program by which a covered 
     veteran can, except as provided in subsection (f), receive 
     necessary hospital care or medical services for any condition 
     at any hospital or medical facility or from any medical 
     provider eligible to receive payments under--
       (1) the Medicare program under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.);
       (2) the Medicaid program under title XIX of such Act (42 
     U.S.C. 1396 et seq.);
       (3) the TRICARE program; or
       (4) the Indian health program.
       (b) Covered Veteran.--For purposes of this section, a 
     covered veteran is any veteran who--
       (1) is entitled to hospital care or medical services under 
     laws administered by the Secretary of Veterans Affairs;
       (2) is located in the State of Alaska; and
       (3) resides at a location that is located in--
       (A) such State; and
       (B) a town, village, or other community that is not 
     accessible by motor vehicle (as defined in section 30102 of 
     title 49, United States Code).
       (c) Duration of Pilot.--The pilot program shall be carried 
     out during the two-year period beginning on the date of the 
     enactment of this Act.
       (d) Cost of Care and Service.--
       (1) In general.--The cost of any hospital care or medical 
     service provided under the pilot program shall be borne by 
     the United States from amounts other than amounts 
     appropriated or otherwise made available for an Indian health 
     program.
       (2) No billing of veterans.--The Secretary shall take 
     measures to ensure that covered veterans are not billed for 
     the hospital care and medical services they receive under the 
     pilot program.
       (e) Alaska Hero Card.--In carrying out the pilot program, 
     the Secretary shall issue to each covered veteran a card to 
     be known as a ``Alaska Hero Card'' that such veteran may 
     present to an authorized provider to establish the covered 
     veteran's eligibility for hospital care and medical services 
     under the pilot program.
       (f) Authorized Providers.--The Secretary may establish a 
     list of authorized providers from whom a covered veteran may 
     receive hospital care and medical services under the pilot 
     program.
       (g) Measures To Ensure Quality and Safety of Care.--
       (1) In general.--The Secretary shall take such measures as 
     may be necessary to ensure that the quality and safety of 
     care provided to veterans under the pilot program is equal to 
     or better than the quality and safety of care otherwise 
     provided by the Department of Veterans Affairs.
       (2) Specific measures.--The measures described in paragraph 
     (1) may include requirements relating to the following:
       (A) Credentialing and accreditation of providers of 
     hospital care or medical services.
       (B) Timely reporting of access to care.
       (C) Timely reporting of clinical information to the 
     Secretary.
       (D) Reporting safety issues, patient complaints, and 
     patient satisfaction.
       (E) Robust quality programs, including peer review and 
     compliance with industry standards and requirements.
       (3) Providers certified by indian health service.--For 
     purposes of the pilot program, the Secretary shall consider 
     the equality and safety of care provided by a provider 
     described in subsection (a)(2) who is certified by the Indian 
     Health Service as a community health aide pursuant to section 
     119 of the Indian Health Care Improvement Act (25 U.S.C. 
     1616l) and who is providing services within the scope of such 
     certification as being equal to or better than the quality 
     and safety of care otherwise provided by the Department.
       (h) Savings.--Nothing in this section shall be construed to 
     limit any right of recovery available to an Indian health 
     program under the provisions of section 206 or 405(c) of the 
     Indian Health Care Improvement Act (25 U.S.C. 1621e and 
     1645(c)), or any other Federal or State law.
       (i) Definitions.--In this section:
       (1) Hospital care and medical services.--The terms 
     ``hospital care'' and ``medical services'' have the meanings 
     given such terms in section 1701 of title 38, United States 
     Code.
       (2) Indian health program.--The term ``Indian health 
     program'' has the meaning given such term in section 4 of the 
     Indian Health Care Improvement Act (25 U.S.C. 1603).
       (3) Service-connected.--The term ``service-connected'' has 
     the meaning given such term in section 101 of such title.
       (4) TRICARE program.--The term ``TRICARE program'' has the 
     meaning given such term in section 1072 of title 10, United 
     States Code.
                                 ______
                                 
  SA 1276. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 V, add the following:

     SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING 
                   FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL 
                   SPECIALTIES.

       (a) Pilot Program Required.--Commencing not later than nine 
     months after the date of the enactment of this Act, the 
     Secretary of Defense shall carry out a pilot program to 
     assess the feasibility and advisability of permitting 
     enlisted members of the Armed Forces to obtain civilian 
     credentialing or licensing for skills required for military 
     occupational specialties (MOS) or qualification for duty 
     specialty codes.
       (b) Elements.--In carrying out the pilot program, the 
     Secretary shall--
       (1) designate not less than three or more than five 
     military occupational specialities or duty speciality codes 
     for coverage under the pilot program; and
       (2) permit enlisted members of the Armed Forces to obtain 
     the credentials or licenses required for the specialities or 
     codes so designated through civilian credentialing or 
     licensing entities, institutions, or bodies selected by the 
     Secretary for purposes of the pilot program, whether 
     concurrently with military training, at the completion of 
     military training, or both.
       (c) Report.--Not later than one year after commencement of 
     the pilot program, the Secretary shall submit to Congress a 
     report on the pilot program. The report shall set forth the 
     following:
       (1) The number of enlisted members who participated in the 
     pilot program.
       (2) A description of the costs incurred by the Department 
     of Defense in connection with the receipt by members of 
     credentialing or licensing under the pilot program.
       (3) A comparison the cost associated with receipt by 
     members of credentialing or licensing under the pilot program 
     with the cost of receipt of similar credentialing or 
     licensing by recently-discharged veterans of the Armed Forces 
     under programs currently operated by the Department of 
     Veterans Affairs and the Department of Labor.
       (4) The recommendation of the Secretary as to the 
     feasibility and advisability of expanding the pilot program 
     to additional military occupational specialties or duty 
     specialty codes, and, if such expansion is considered 
     feasible and advisable, a list of the military occupational 
     specialties and duty specialty codes recommended for 
     inclusion the expansion.
                                 ______
                                 
  SA 1277. Mrs. MURRAY (for herself, Mr. Akaka, and Mr. Boozman) 
submitted an amendment intended to be proposed by her to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 VII, add the following:

     SEC. 714. MODIFICATION OF CENTERS OF EXCELLENCE ON HEARING 
                   LOSS, TRAUMATIC EXTREMITY INJURIES, AND 
                   MILITARY EYE INJURIES.

       (a) Modification of Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of

[[Page 18120]]

     Hearing Loss and Auditory System Injuries.--Section 721 of 
     the Duncan Hunter National Defense Authorization Act for 
     Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4506) is 
     amended-
       (1) in subsection (a)--
       (A) by striking ``The'' and inserting ``Not later than 270 
     days after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2012, the''; and
       (B) by striking ``shall establish within the Department of 
     Defense'' and inserting ``and the Secretary of Veterans 
     Affairs shall jointly establish'';
       (2) in subsection (b), by striking ``shall ensure that the 
     center collaborates to the maximum extent practicable with 
     the Secretary of Veterans Affairs, institutions of higher 
     education,'' and inserting ``of Defense and the Secretary of 
     Veterans Affairs shall jointly ensure that the center 
     collaborates to the maximum extent practicable with 
     institutions of higher education'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``, as developed by 
     the Secretary of Defense,'' and inserting ``and the 
     Department of Veterans Affairs'';
       (ii) in subparagraph (B), by striking ``with'' and 
     inserting ``between the Secretary of Defense and''; and
       (iii) in subparagraph (C)--

       (I) by inserting ``the Secretary of Defense and'' before 
     ``the Secretary of Veterans Affairs'';
       (II) by inserting ``members of the Armed Forces and'' 
     before ``veterans who''; and
       (III) by striking ``Veterans Health Administration'' and 
     inserting ``Department of Defense or the Department of 
     Veterans Affairs'';

       (B) in paragraph (2), by inserting ``Defense and Veterans'' 
     before ``Hearing Loss''; and
       (C) in paragraph (3), by striking ``the audiologists, 
     speech and language pathologists, otolaryngologists, and 
     other specialist personnel of''; and
       (4) in subsection (e)--
       (A) by striking ``shall take'' and inserting ``and the 
     Secretary of Veterans Affairs shall jointly take''; and
       (B) by striking ``considers'' and inserting ``of Defense 
     and the Secretary of Veterans Affairs consider''.
       (b) Modification of Center of Excellence in the Mitigation, 
     Treatment, and Rehabilitation of Traumatic Extremity Injuries 
     and Amputations.--Subsection (a) of section 723 of such Act 
     (Public Law 110-417; 122 Stat. 4508) is amended by striking 
     ``The'' and inserting ``Not later than 270 days after the 
     date of the enactment of the National Defense Authorization 
     Act for Fiscal Year 2012, the''.
       (c) Modification of Center of Excellence in Prevention, 
     Diagnosis, Mitigation, Treatment, and Rehabilitation of 
     Military Eye Injuries.--Section 1623 of the National Defense 
     Authorization Act for fiscal year 2008 (10 U.S.C. 1071 note) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``The'' and inserting ``Not later than 270 
     days after the date of the enactment of the National Defense 
     Authorization Act for Fiscal Year 2012, the''; and
       (B) by striking ``shall establish within the Department of 
     Defense'' and inserting ``and the Secretary of Veterans 
     Affairs shall jointly establish'';
       (2) in subsection (b), by striking ``shall ensure that the 
     center collaborates to the maximum extent practicable with 
     the Secretary of Veterans Affairs, institutions of higher 
     education,'' and inserting ``of Defense and the Secretary of 
     Veterans Affairs shall jointly ensure that the center 
     collaborates to the maximum extent practicable with 
     institutions of higher education'';
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``, as developed by 
     the Secretary of Defense,'' and inserting ``and the 
     Department of Veterans Affairs''
       (ii) in subparagraph (B), by striking ``with'' and 
     inserting ``between the Secretary of Defense and''; and
       (iii) in subparagraph (C)--

       (I) by inserting ``the Secretary of Defense and'' before 
     ``the Secretary of Veterans Affairs'';
       (II) by inserting ``members of the Armed Forces and'' 
     before ``veterans who''; and
       (III) by striking ``Veterans Health Administration'' and 
     inserting ``Department of Defense or the Department of 
     Veterans Affairs''; and

       (B) in paragraph (2), by striking ``known as the `Military 
     Eye Injury Registry''' and inserting ``known as the `Defense 
     and Veterans Eye Injury and Vision Registry'''; and
       (4) in subsection (e)--
       (A) by striking ``shall take'' and inserting ``and the 
     Secretary of Veterans Affairs shall jointly take''; and
       (B) by striking ``Secretary considers'' and inserting 
     ``Secretary of Defense and the Secretary of Veterans Affairs 
     consider''.
       (d) Certification of Operability of Centers of Excellence 
     on Hearing Loss, Traumatic Extremity Injuries, and Military 
     Eye Injuries.--Not later than 270 days after the date of the 
     enactment of this Act, the Secretary of Defense and the 
     Secretary of Veterans Affairs shall submit to Congress a 
     certification of the operability of the following:
       (1) The center established under section 721 of the Duncan 
     Hunter National Defense Authorization Act for Fiscal Year 
     2009 (Public Law 110-417; 122 Stat. 4506).
       (2) The center established under such section 723 of such 
     Act (Public Law 110-417; 122 Stat. 4508).
       (3) The center established under section 1623 of the 
     National Defense Authorization Act for fiscal year 2008 (10 
     U.S.C. 1071 note).
       (e) Requirement for Periodic Reports on Establishment of 
     Centers of Excellence.--
       (1) In general.--Section 1624(a) of the National Defense 
     Authorization Act for fiscal year 2008 (Public Law 110-181; 
     122 Stat. 457) is amended, in the matter before paragraph 
     (1)--
       (A) by inserting ``and annually thereafter through fiscal 
     year 2015'' after ``of this Act'';
       (B) by striking ``shall submit'' and inserting ``and the 
     Secretary of Veterans Affairs shall jointly submit'';
       (C) in paragraph (2), by striking ``and'' at the end;
       (D) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (E) by adding at the end the following new paragraphs:
       ``(4) the establishment of the center of excellence in the 
     prevention, diagnosis, mitigation, treatment, and 
     rehabilitation of hearing loss and auditory system injury 
     under section 721 of the Duncan Hunter National Defense 
     Authorization Act for Fiscal Year 2009 (Public Law 110-417); 
     and
       ``(5) the establishment of the center of excellence in the 
     mitigation, treatment, and rehabilitation of traumatic 
     extremity injuries and amputations under section 723 of such 
     Act (Public Law 110-417).''.
       (2) Conforming amendment.--Section 723 of the Duncan Hunter 
     National Defense Authorization Act for Fiscal Year 2009 
     (Public Law 110-417; 122 Stat. 4508) is amended by striking 
     subsection (d).
                                 ______
                                 
  SA 1278. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 136. LIMITATION ON TERMINATION OF WORK ON RQ-4 GLOBAL 
                   HAWK PROGRAM.

       The Secretary of the Air Force may not take any action 
     intended to terminate the RQ-4 Global Hawk program, or issue 
     any stop-work order related to the production of the RQ-4 
     Global Hawk, until the Secretary certifies to the Committees 
     on Armed Services of the Senate and the House of 
     Representatives that the Acquisition Decision Memorandum 
     regarding the RQ-4 Global Hawk program issued June 14, 2011, 
     is no longer valid.
                                 ______
                                 
  SA 1279. Mr. HOEVEN (for himself, Mr. Tester, Mr. Blunt, Mr. Enzi, 
and Mr. Vitter) submitted an amendment intended to be proposed by him 
to the bill S. 1867, to authorize appropriations for fiscal year 2012 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. SENSE OF SENATE ON THE MAINTENANCE BY THE UNITED 
                   STATES OF A TRIAD OF STRATEGIC NUCLEAR DELIVERY 
                   SYSTEMS.

       (a) Findings.--The Senate finds the following:
       (1) The April 2010 Nuclear Posture Review concluded that 
     even with the reductions specified in the New START Treaty, 
     the United States should retain a nuclear ``Triad'' of land-
     based intercontinental ballistic missiles, submarine-launched 
     ballistic missiles and nuclear capable heavy bombers, noting 
     that ``[r]etaining all three Triad legs will best maintain 
     strategic stability at reasonable cost, while hedging against 
     potential technical problems or vulnerabilities''.
       (2) The resolution of ratification for the New START 
     Treaty, which the Senate approved on December 22, 2010, 
     stated that ``it is the sense of the Senate that United 
     States deterrence and flexibility is assured by a robust 
     triad of strategic delivery vehicles. To this end, the United 
     States is committed to accomplishing the modernization and 
     replacement of its strategic nuclear delivery vehicles, and 
     to ensuring the continued flexibility of United States 
     conventional and nuclear delivery systems''.
       (3) In a message to the Senate on February 2, 2011, 
     President Obama certified that he intended to ``modernize or 
     replace the triad of

[[Page 18121]]

     strategic nuclear delivery systems: a heavy bomber and air-
     launched cruise missile, an ICBM, and a nuclear-powered 
     ballistic missile submarine (SSBN) and SLBM'' and to 
     ``maintain the United States rocket motor industrial base''.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the United States should maintain a triad of strategic 
     nuclear delivery systems; and
       (2) the budget of the President for fiscal year 2013 as 
     submitted to Congress should include funding to support a 
     triad of strategic nuclear delivery systems and to modernize 
     the component weapons and delivery systems of that triad.
                                 ______
                                 
  SA 1280. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 889. IMPLEMENTATION OF ACQUISITION STRATEGY FOR EVOLVED 
                   EXPENDABLE LAUNCH VEHICLE.

       (a) In General.--The Secretary of Defense shall submit, 
     with the budget justification materials submitted to Congress 
     in support of the budget of the Department of Defense for 
     fiscal year 2013 (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code), the following information:
       (1) A description of how the strategy of the Department to 
     acquire space launch capability under the Evolved Expendable 
     Launch Vehicle program implements each of the recommendations 
     included in the Report of the Government Accountability 
     Office on the Evolved Expendable Launch Vehicle, dated 
     September 15, 2011 (GAO-11-641).
       (2) With respect to any such recommendation that the 
     Department does not implement, an explanation of how the 
     Department is otherwise addressing the deficiencies 
     identified in that report.
       (b) Assessment by Comptroller General of the United 
     States.--Not later than 60 days after the submission of the 
     information required by subsection (a), the Comptroller 
     General of the United States shall submit to the 
     congressional defense committees an assessment of that 
     information and any additional findings or recommendations 
     the Comptroller General considers appropriate.
                                 ______
                                 
  SA 1281. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1243. DEFENSE COOPERATION WITH REPUBLIC OF GEORGIA.

       (a) Plan for Normalization.--Not later than 90 days after 
     the date of the enactment of this Act, the President shall 
     develop and submit to the congressional defense committees 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on Foreign Affairs of the House of Representatives 
     a plan for normalizing United States defense cooperation with 
     the Republic of Georgia, including the sale of defensive 
     arms.
       (b) Objectives.--The plan required under subsection (a) 
     shall address the following objectives:
       (1) To reestablish a normal defense relationship with the 
     Republic of Georgia.
       (2) To support the Government of the Republic of Georgia in 
     providing for the defense of its government, people, and 
     sovereign territory, consistent with the continuing 
     commitment of the Government of the Republic of Georgia to 
     its nonuse-of-force pledge and consistent with Article 51 of 
     the Charter of the United Nations.
       (3) To enhance the ability of the Government of the 
     Republic of Georgia to participate in coalition operations 
     and meet NATO partnership goals.
       (4) To resume the sale by the United States of defense 
     articles and services that may be necessary to enable the 
     Government of the Republic of Georgia to maintain a 
     sufficient self-defense capability.
       (5) To encourage NATO member and candidate countries to 
     restore and enhance their sales of defensive articles and 
     services to the Republic of Georgia as part of a broader NATO 
     effort to deepen its defense relationship and cooperation 
     with the Republic of Georgia.
       (6) To ensure maximum transparency in the United States-
     Georgia defense relationship.
       (c) Included Information.--The plan required under 
     subsection (a) shall include the following information:
       (1) A needs-based assessment, or an update to an existing 
     needs-based assessment, of the defense requirements of the 
     Republic of Georgia, which shall be prepared by the 
     Department of Defense and submitted in both classified and 
     unclassified forms.
       (2) A description of each of the requests by the Government 
     of the Republic of Georgia for purchase of defense articles 
     and services during the two-year period ending on the date of 
     the report.
       (3) A summary of the defense needs asserted by the 
     Government of the Republic of Georgia as justification for 
     its requests for defensive arms purchases.
       (4) A description of the action taken on any defensive arms 
     sale request by the Government of the Republic of Georgia and 
     an explanation for such action.
       (d) Form.--The plan required under subsection (a) shall be 
     submitted in unclassified form, but may contain a classified 
     annex.
                                 ______
                                 
  SA 1282. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. REPEAL OF WAR POWERS RESOLUTION.

       (a) Repeal.--The War Powers Resolution (Public Law 93-148; 
     50 U.S.C. 1541 et seq.) is hereby repealed.
                                 ______
                                 
  SA 1283. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       After section 1084, insert the following:

     SEC. 1085. SENSE OF CONGRESS ON RECAPITALIZATION FOR THE NAVY 
                   AND COAST GUARD.

       (a) Findings.--Congress makes the following findings:
       (1) More than 70 percent of the world's surface is 
     comprised of navigable oceans.
       (2) More than 80 percent of the population of the world 
     lives within 100 miles of an ocean.
       (3) More than 90 percent of the world's commerce traverses 
     an oceans.
       (4) The national security of the United States is 
     inextricably linked to the maintenance of global freedom of 
     access for both the strategic and commercial interests of the 
     United States.
       (5) To maintain that freedom of access the sea services of 
     the United States, composed of the Navy, the Marine Corps, 
     and the Coast Guard, must be sufficiently positioned as 
     rotationally globally deployable forces with the capability 
     to decisively defend United States citizens, homeland, and 
     interests abroad from direct or asymmetric attack and must be 
     comprised of sufficient vessels to maintain global freedom of 
     action.
       (6) To achieve appropriate capabilities to ensure national 
     security the Government of the United States must continue to 
     recapitalize the fleets of the Navy and Coast Guard and must 
     continue to conduct vital maintenance and repair of existing 
     vessels to ensure such vessels meet service life goals.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the sea services of the United States should be funded 
     and maintained to provide the broad spectrum of capabilities 
     required to protect the national security of the United 
     States;
       (2) such capabilities should include--
       (A) the ability to project United States power rapidly 
     anywhere on the globe without the need for host nation basing 
     permission or long and potentially vulnerable logistics 
     supply lines;
       (B) the ability to land and recover maritime forces from 
     the sea for direct combat action, to evacuate United States 
     citizens from hostile situations, and to provide humanitarian 
     assistance where needed;
       (C) the ability to operate from the subsurface with 
     overpowering conventional combat power, as well as strategic 
     deterrence; and
       (D) the ability to operate in collaboration with United 
     States maritime partners in the common interest of preventing 
     piracy at sea and maintaining the commercial sea lanes 
     available for global commerce; and
       (3) the Secretary of Defense, in coordination with the 
     Secretary of the Navy and the Secretary of Homeland Security, 
     should maintain the recapitalization plans for the

[[Page 18122]]

     Navy and Coast Guard as a priority in all future force 
     structure decisions.
                                 ______
                                 
  SA 1284. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. PROHIBITION ON FUNDING TO PROHIBIT DIPLOMATIC 
                   EFFORTS OF IRAN.

       (a) Prohibition on Funding.--None of the amounts 
     appropriated or otherwise made available by any Act may be 
     made available to further the international diplomatic 
     efforts of Iran to further its agenda within an international 
     body, organization, agency, commission or in which Iran holds 
     a position of leadership or veto power.
       (b) Statement of Policy.--It is the policy of the United 
     States that no funds shall be made available to any 
     international diplomatic organization or entity that appoints 
     Iran to a leadership position.
                                 ______
                                 
  SA 1285. Ms. SNOWE (for herself and Ms. Landrieu) submitted an 
amendment intended to be proposed by her to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

         TITLE __--SMALL BUSINESS CONTRACTING FRAUD PREVENTION

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Small Business Contracting 
     Fraud Prevention Act of 2011''.

     SEC. __02. DEFINITIONS.

       In this title--
       (1) the term ``8(a) program'' means the program under 
     section 8(a) of the Small Business Act (15 U.S.C. 637(a));
       (2) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively;
       (3) the terms ``HUBZone'' and ``HUBZone small business 
     concern'' and ``HUBZone map'' have the meanings given those 
     terms in section 3(p) of the Small Business Act (15 U.S.C. 
     632(p)), as amended by this title; and
       (4) the term ``recertification'' means a determination by 
     the Administrator that a business concern that was previously 
     determined to be a qualified HUBZone small business concern 
     is a qualified HUBZone small business concern under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)).

     SEC. __03. FRAUD DETERRENCE AT THE SMALL BUSINESS 
                   ADMINISTRATION.

       Section 16 of the Small Business Act (15 U.S.C. 645) is 
     amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``Whoever'' and all that follows through ``oneself or 
     another'' and inserting the following: ``A person shall be 
     subject to the penalties and remedies described in paragraph 
     (2) if the person misrepresents the status of any concern or 
     person as a small business concern, a qualified HUBZone small 
     business concern, a small business concern owned and 
     controlled by socially and economically disadvantaged 
     individuals, a small business concern owned and controlled by 
     women, or a small business concern owned and controlled by 
     service-disabled veterans, in order to obtain for any 
     person'';
       (ii) by amending subparagraph (A) to read as follows:
       ``(A) prime contract, subcontract, grant, or cooperative 
     agreement to be awarded under subsection (a) or (m) of 
     section 8, or section 9, 15, 31, or 36;'';
       (iii) by striking subparagraph (B);
       (iv) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (B) and (C), respectively; and
       (v) in subparagraph (C), as so redesignated, by striking 
     ``, shall be'' and all that follows and inserting a period;
       (B) in paragraph (2)--
       (i) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively; and
       (ii) by inserting after subparagraph (B) the following:
       ``(C) be subject to the civil remedies under subchapter III 
     of chapter 37 of title 31, United States Code (commonly known 
     as the `False Claims Act');''; and
       (C) by adding at the end the following:
       ``(3)(A) In the case of a violation of paragraph (1)(A), 
     (g), or (h), for purposes of a proceeding described in 
     subparagraph (A) or (C) of paragraph (2), the amount of the 
     loss to the Federal Government or the damages sustained by 
     the Federal Government, as applicable, shall be an amount 
     equal to the amount that the Federal Government paid to the 
     person that received a contract, grant, or cooperative 
     agreement described in paragraph (1)(A), (g), or (h), 
     respectively.
       ``(B) In the case of a violation of subparagraph (B) or (C) 
     of paragraph (1), for the purpose of a proceeding described 
     in subparagraph (A) or (C) of paragraph (2), the amount of 
     the loss to the Federal Government or the damages sustained 
     by the Federal Government, as applicable, shall be an amount 
     equal to the portion of any payment by the Federal Government 
     under a prime contract that was used for a subcontract 
     described in subparagraph (B) or (C) of paragraph (1), 
     respectively.
       ``(C) In a proceeding described in subparagraph (A) or (B), 
     no credit shall be applied against any loss or damages to the 
     Federal Government for the fair market value of the property 
     or services provided to the Federal Government.'';
       (2) by striking subsection (e) and inserting the following:
       ``(e) Any representation of the status of any concern or 
     person as a small business concern, a HUBZone small business 
     concern, a small business concern owned and controlled by 
     socially and economically disadvantaged individuals, a small 
     business concern owned and controlled by women, or a small 
     business concern owned and controlled by service-disabled 
     veterans, in order to obtain any prime contract, subcontract, 
     grant, or cooperative agreement described in subsection 
     (d)(1) shall be made in writing or through the Online 
     Representations and Certifications Application process 
     required under section 4.1201 of the Federal Acquisition 
     Regulation, or any successor thereto.''; and
       (3) by adding at the end the following:
       ``(g) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person 
     misrepresents the status of any concern or person as a small 
     business concern, a qualified HUBZone small business concern, 
     a small business concern owned and controlled by socially and 
     economically disadvantaged individuals, a small business 
     concern owned and controlled by women, or a small business 
     concern owned and controlled by service-disabled veterans--
       ``(1) in order to allow any person to participate in any 
     program of the Administration; or
       ``(2) in relation to a protest of a contract award or 
     proposed contract award made under regulations issued by the 
     Administration.
       ``(h)(1) A person that submits a request for payment on a 
     contract or subcontract that is awarded under subsection (a) 
     or (m) of section 8, or section 9, 15, 31, or 36, shall be 
     deemed to have submitted a certification that the person 
     complied with regulations issued by the Administration 
     governing the percentage of work that the person is required 
     to perform on the contract or subcontract, unless the person 
     states, in writing, that the person did not comply with the 
     regulations.
       ``(2) A person shall be subject to the penalties and 
     remedies described in subsection (d)(2) if the person--
       ``(A) uses the services of a business other than the 
     business awarded the contract or subcontract to perform a 
     greater percentage of work under a contract than is permitted 
     by regulations issued by the Administration; or
       ``(B) willfully participates in a scheme to circumvent 
     regulations issued by the Administration governing the 
     percentage of work that a contractor is required to perform 
     on a contract.''.

     SEC. __04. VETERANS INTEGRITY IN CONTRACTING.

       (a) Definition.--Section 3(q)(1) of the Small Business Act 
     (15 U.S.C. 632(q)(1)) is amended by striking ``means a 
     veteran'' and all that follows and inserting the following: 
     ``means--
       ``(A) a veteran with a service-connected disability rated 
     by the Secretary of Veterans Affairs as zero percent or more 
     disabling; or
       ``(B) a former member of the Armed Forces who is retired, 
     separated, or placed on the temporary disability retired list 
     for physical disability under chapter 61 of title 10, United 
     States Code.''.
       (b) Veterans Contracting.--Section 4 of the Small Business 
     Act (15 U.S.C. 633) is amended by adding at the end the 
     following:
       ``(g) Veteran Status.--
       ``(1) In general.--A business concern seeking status as a 
     small business concern owned and controlled by service-
     disabled veterans shall--
       ``(A) submit an annual certification indicating that the 
     business concern is a small business concern owned and 
     controlled by service-disabled veterans by means of the 
     Online Representations and Certifications Application process 
     required under section 4.1201 of the Federal Acquisition 
     Regulation, or any successor thereto; and
       ``(B) register with--
       ``(i) the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation, or any successor thereto; and

[[Page 18123]]

       ``(ii) the VetBiz database of the Department of Veterans 
     Affairs, or any successor thereto.
       ``(2) Verification of status.--
       ``(A) Veterans affairs.--The Secretary of Veterans Affairs 
     shall determine whether a business concern registered with 
     the VetBiz database of the Department of Veterans Affairs, or 
     any successor thereto, as a small business concern owned and 
     controlled by veterans or a small business concern owned and 
     controlled by service-disabled veterans is owned and 
     controlled by a veteran or a service-disabled veteran, as the 
     case may be.
       ``(B) Federal agencies generally.--The head of each Federal 
     agency shall--
       ``(i) for a sole source contract awarded to a small 
     business concern owned and controlled by service-disabled 
     veterans or a contract awarded with competition restricted to 
     small business concerns owned and controlled by service-
     disabled veterans under section 36, determine whether a 
     business concern submitting a proposal for the contract is a 
     small business concern owned and controlled by service-
     disabled veterans; and
       ``(ii) use the VetBiz database of the Department of 
     Veterans Affairs, or any successor thereto, in determining 
     whether a business concern is a small business concern owned 
     and controlled by service-disabled veterans.
       ``(3) Debarment and suspension.--If the Administrator 
     determines that a business concern knowingly and willfully 
     misrepresented that the business concern is a small business 
     concern owned and controlled by service-disabled veterans, 
     the Administrator may debar or suspend the business concern 
     from contracting with the United States.''.
       (c) Integration of Databases.--The Administrator for 
     Federal Procurement Policy and the Secretary of Veterans 
     Affairs shall ensure that data is shared on an ongoing basis 
     between the VetBiz database of the Department of Veterans 
     Affairs and the Central Contractor Registration database 
     maintained under subpart 4.11 of the Federal Acquisition 
     Regulation.
       (d) Effective Date.--
       (1) In general.--The amendment made by subsection (b) and 
     the requirements under subsection (c) shall take effect on 
     the date on which the Secretary of Veterans Affairs (referred 
     to in this subsection as the ``Secretary'') publishes in the 
     Federal Register a determination that the Department of 
     Veterans Affairs has the necessary resources and capacity to 
     carry out the additional responsibility of determining 
     whether small business concerns registered with the VetBiz 
     database of the Department of Veterans Affairs are owned and 
     controlled by a veteran or a service-disabled veteran, as the 
     case may be, in accordance with subsection (g) of section 4 
     of the Small Business Act (15 U.S.C. 633), as added by 
     subsection (b).
       (2) Timeline.--If the Secretary determines that the 
     Secretary is not able to publish the determination under 
     paragraph (1) before the date that is 1 year after the date 
     of enactment of this Act, the Secretary shall, not later than 
     1 year after the date of enactment of this Act, submit a 
     report containing an estimate of the date on which the 
     Secretary will publish the determination under paragraph (1) 
     to the Committee on Small Business and Entrepreneurship and 
     the Committee on Veterans' Affairs of the Senate and the 
     Committee on Small Business and the Committee on Veterans' 
     Affairs of the House of Representatives.

     SEC. __05. SECTION 8(A) PROGRAM IMPROVEMENTS.

       (a) Review of Effectiveness.--Section 8(a) of the Small 
     Business Act (15 U.S.C. 637(a)) is amended by adding at the 
     end the following:
       ``(22) Not later than 3 years after the date of enactment 
     of this paragraph, and every 3 years thereafter, the 
     Comptroller General of the United States shall--
       ``(A) conduct an evaluation of the effectiveness of the 
     program under this subsection, including an examination of--
       ``(i) the number and size of contracts applied for, as 
     compared to the number received by, small business concerns 
     after successfully completing the program;
       ``(ii) the percentage of small business concerns that 
     continue to operate during the 3-year period beginning on the 
     date on which the small business concerns successfully 
     complete the program;
       ``(iii) whether the business of small business concerns 
     increases during the 3-year period beginning on the date on 
     which the small business concerns successfully complete the 
     program; and
       ``(iv) the number of training sessions offered under the 
     program; and
       ``(B) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     each evaluation under subparagraph (A).''.
       (b) Other Improvements.--In order to improve the 8(a) 
     program, the Administrator shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, begin to--
       (A) evaluate the feasibility of--
       (i) using additional third-party data sources;
       (ii) making unannounced visits of sites that are selected 
     randomly or using risk-based criteria;
       (iii) using fraud detection tools, including data-mining 
     techniques; and
       (iv) conducting financial and analytical training for the 
     business opportunity specialists of the Administration;
       (B) evaluate the feasibility and advisability of amending 
     regulations applicable the 8(a) program to require that 
     calculations of the adjusted net worth or total assets of an 
     individual include assets held by the spouse of the 
     individual; and
       (C) develop a more consistent enforcement strategy that 
     includes the suspension or debarment of contractors that 
     knowingly make misrepresentations in order to qualify for the 
     8(a) program; and
       (2) not later than 1 year after the date on which the 
     Comptroller General submits the report under section 
     8(a)(22)(B) of the Small Business Act, as added by subsection 
     (c), issue, in final form, proposed regulations of the 
     Administration that--
       (A) determine the economic disadvantage of a participant in 
     the 8(a) program based on the income and asset levels of the 
     participant at the time of application and annual 
     recertification for the 8(a) program; and
       (B) limit the ability of a small business concern to 
     participate in the 8(a) program if an immediate family member 
     of an owner of the small business concern is, or has been, a 
     participant in the 8(a) program, in the same industry.

     SEC. __06. HUBZONE IMPROVEMENTS.

       (a) Purpose.--The purpose of this section is to reform and 
     improve the HUBZone program of the Administration.
       (b) In General.--The Administrator shall--
       (1) ensure the HUBZone map is--
       (A) accurate and up-to-date; and
       (B) revised as new data is made available to maintain the 
     accuracy and currency of the HUBZone map;
       (2) implement policies for ensuring that only HUBZone small 
     business concerns determined to be qualified under section 
     3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) are 
     participating in the HUBZone program, including through the 
     appropriate use of technology to control costs and maximize, 
     among other benefits, uniformity, completeness, simplicity, 
     and efficiency;
       (3) submit to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report regarding 
     any application to be designated as a HUBZone small business 
     concern or for recertification for which the Administrator 
     has not made a determination as of the date that is 60 days 
     after the date on which the application was submitted or 
     initiated, which shall include a plan and timetable for 
     ensuring the timely processing of the applications; and
       (4) develop measures and implement plans to assess the 
     effectiveness of the HUBZone program that--
       (A) require the identification of a baseline point in time 
     to allow the assessment of economic development under the 
     HUBZone program, including creating additional jobs; and
       (B) take into account--
       (i) the economic characteristics of the HUBZone; and
       (ii) contracts being counted under multiple socioeconomic 
     subcategories.
       (c) Employment Percentage.--Section 3(p) of the Small 
     Business Act (15 U.S.C. 632(p)) is amended--
       (1) in paragraph (5), by adding at the end the following:
       ``(E) Employment percentage during interim period.--
       ``(i) Definition.--In this subparagraph, the term `interim 
     period' means the period beginning on the date on which the 
     Administrator determines that a HUBZone small business 
     concern is qualified under subparagraph (A) and ending on the 
     day before the date on which a contract under the HUBZone 
     program for which the HUBZone small business concern submits 
     a bid is awarded.
       ``(ii) Interim period.--During the interim period, the 
     Administrator may not determine that the HUBZone small 
     business is not qualified under subparagraph (A) based on a 
     failure to meet the applicable employment percentage under 
     subparagraph (A)(i)(I), unless the HUBZone small business 
     concern--

       ``(I) has not attempted to maintain the applicable 
     employment percentage under subparagraph (A)(i)(I); or
       ``(II) does not meet the applicable employment percentage--

       ``(aa) on the date on which the HUBZone small business 
     concern submits a bid for a contract under the HUBZone 
     program; or
       ``(bb) on the date on which the HUBZone small business 
     concern is awarded a contract under the HUBZone program.''; 
     and
       (2) by adding at the end the following:
       ``(8) Hubzone program.--The term `HUBZone program' means 
     the program established under section 31.
       ``(9) Hubzone map.--The term `HUBZone map' means the map 
     used by the Administration to identify HUBZones.''.
       (d) Redesignated Areas.--Section 3(p)(4)(C)(i) of the Small 
     Business Act (15 U.S.C. 632(p)(4)(C)(i)) is amended to read 
     as follows:
       ``(i) 3 years after the first date on which the 
     Administrator publishes a HUBZone map that is based on the 
     results from the 2010 decennial census; or''.

[[Page 18124]]



     SEC. __07. ANNUAL REPORT ON SUSPENSION, DEBARMENT, AND 
                   PROSECUTION.

       The Administrator shall submit an annual report to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives that contains--
       (1) the number of debarments from participation in programs 
     of the Administration issued by the Administrator during the 
     1-year period preceding the date of the report, including--
       (A) the number of debarments that were based on a 
     conviction; and
       (B) the number of debarments that were fact-based and did 
     not involve a conviction;
       (2) the number of suspensions from participation in 
     programs of the Administration issued by the Administrator 
     during the 1-year period preceding the date of the report, 
     including--
       (A) the number of suspensions issued that were based upon 
     indictments; and
       (B) the number of suspensions issued that were fact-based 
     and did not involve an indictment;
       (3) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report that were based upon referrals from offices of the 
     Administration, other than the Office of Inspector General;
       (4) the number of suspension and debarments issued by the 
     Administrator during the 1-year period preceding the date of 
     the report based upon referrals from the Office of Inspector 
     General; and
       (5) the number of persons that the Administrator declined 
     to debar or suspend after a referral described in paragraph 
     (8), and the reason for each such decision.
                                 ______
                                 
  SA 1286. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 705. DEPARTMENT OF DEFENSE INSPECTOR GENERAL REPORT ON 
                   THEFT OF COMPUTER TAPES CONTAINING PROTECTED 
                   INFORMATION ON COVERED BENEFICIARIES UNDER THE 
                   TRICARE PROGRAM.

       The Inspector General of the Department of Defense shall 
     submit to the congressional defense committees a report on 
     the circumstances surrounding the theft of computer tapes 
     containing personally identifiable and protected health 
     information of approximately 4,900,000 covered beneficiaries 
     under the TRICARE program from the vehicle of a contractor 
     under the TRICARE program. The report shall include the 
     following:
       (1) An assessment of the risk that the personally 
     identifiable and protected health information so stolen can 
     be accessed by a third party.
       (2) Such recommendations as the Inspector General considers 
     appropriate to reduce the risk of similar incidents in the 
     future.
                                 ______
                                 
  SA 1287. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 136. LIMITATION ON RETIREMENT OF C-23 AIRCRAFT.

       (a) In General.--Upon determining to retire a C-23 
     aircraft, the Secretary of the Army shall first offer title 
     to such aircraft to the chief executive officer of the State 
     in which such aircraft is based.
       (b) Transfer Upon Acceptance of Offer.--If the chief 
     executive officer of a State accepts title of an aircraft 
     under subsection (a), the Secretary shall transfer title of 
     the aircraft to the State without charge to the State. The 
     Secretary shall provide a reasonable amount of time for 
     acceptance of the offer.
       (c) Use.--Notwithstanding the transfer of title to an 
     aircraft to a State under this section, the aircraft may 
     continue to be utilized by the National Guard of the State in 
     State status using National Guard crews in that status.
                                 ______
                                 
  SA 1288. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1230. STUDY ON THE USE OF THE DEMOCRATIC REPUBLIC OF 
                   GEORGIA AS A TRANSPORTATION BASE FOR SUPPLYING 
                   UNITED STATES FORCES IN AFGHANISTAN.

       (a) Study Required.--The Secretary of Defense shall conduct 
     a study of the feasibility of establishing in the Democratic 
     Republic of Georgia, at the invitation of the Government of 
     Georgia, a transportation base for supplying United States 
     forces in Afghanistan.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report containing 
     the results of the study conducted under subsection (a).
                                 ______
                                 
  SA 1289. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1432. SUNKEN MILITARY CRAFT.

       Section 1408(3) of the Ronald W. Reagan National Defense 
     Authorization Act for Fiscal Year 2005 (10 U.S.C. 113 note) 
     is amended--
       (1) in subparagraph (A), by inserting ``, that was'' before 
     ``on military noncommercial service''; and
       (2) in subparagraph (B), by inserting a comma before ``that 
     was owned or operated''.
                                 ______
                                 
  SA 1290. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 362, strike lines 8 through 15.
                                 ______
                                 
  SA 1291. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

       On page 365, line 9, strike ``and subsection (d)''.
       On page 367, line 14, strike ``and subsection (d)''.
       On page 368, strike line 13 and all that follows through 
     page 370, line 13.
                                 ______
                                 
  SA 1292. Mr. LEVIN (for Mr. Menendez (for himself, Mr. Reid, Mr. 
Schumer, Mr. Casey, Mr. Brown of Ohio, Mr. Lautenberg, Mr. Nelson of 
Florida, Mr. Cardin, and Mrs. Gillibrand)) proposed an amendment to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 1243. IMPOSITION OF SANCTIONS WITH RESPECT TO THE 
                   CENTRAL BANK OF IRAN.

       Section 104 of the Comprehensive Iran Sanctions, 
     Accountability, and Divestment Act of 2010 (22 U.S.C. 8513) 
     is amended--
       (1) by redesignating subsections (h) and (i) as subsections 
     (i) and (j), respectively; and
       (2) by inserting after subsection (g) the following new 
     subsection:
       ``(h) Imposition of Sanctions With Respect to the Central 
     Bank of Iran.--
       ``(1) Determination required.--
       ``(A) In general.--Not later than 30 days after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2012, the President shall determine whether the 
     Central Bank of Iran has engaged in conduct that threatens 
     the national security of the United States or allies of the 
     United States, taking into consideration whether the Bank 
     has--
       ``(i) facilitated activities of the Government of Iran that 
     threaten global or regional peace and security;
       ``(ii) sought to evade multilateral sanctions directed 
     against the Government of Iran on behalf of that Government;

[[Page 18125]]

       ``(iii) engaged in deceptive financial practices or 
     mechanisms to facilitate illicit transactions with non-
     Iranian financial institutions;
       ``(iv) conducted transactions prohibited by binding 
     resolutions of the United Nations Security Council or allowed 
     itself to be used to permit conduct prohibited by such 
     resolutions;
       ``(v) conducted transactions on behalf of persons 
     designated by the United States for the imposition of 
     sanctions pursuant to the International Emergency Economic 
     Powers Act (50 U.S.C. 1701 et seq.);
       ``(vi) provided financial services in support of, or 
     otherwise facilitated, the ability of Iran to--

       ``(I) acquire or develop chemical, biological, or nuclear 
     weapons, or related technologies;
       ``(II) construct, equip, operate, or maintain nuclear 
     enrichment facilities; or
       ``(III) acquire or develop ballistic missiles, cruise 
     missiles, or destabilizing types and amounts of conventional 
     weapons; or

       ``(vii) facilitated a transaction or provided financial 
     services for--

       ``(I) Iran's Revolutionary Guard Corps; or
       ``(II) a financial institution whose property or interests 
     in property are blocked pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in 
     connection with--

       ``(aa) Iran's proliferation of weapons of mass destruction 
     or delivery systems for weapons of mass destruction; or
       ``(bb) Iran's support for acts of international terrorism.
       ``(B) Submission to congress.--The President shall submit 
     in writing to the appropriate congressional committees the 
     determination made under subparagraph (A) and the reasons for 
     the determination.
       ``(2) Imposition of sanctions.--Subject to paragraphs (4), 
     (5), and (6), if the President determines under paragraph 
     (1)(A) that the Central Bank of Iran has engaged in conduct 
     described in that paragraph, the President shall--
       ``(A) prohibit, or impose strict conditions on, the opening 
     or maintaining in the United States of a correspondent 
     account or a payable-through account by a foreign financial 
     institution that the President determines has knowingly 
     conducted any significant financial transaction with the 
     Central Bank of Iran; and
       ``(B) impose sanctions pursuant to the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with 
     respect to the Central Bank of Iran.
       ``(3) Additional sanctions.--In addition to the sanctions 
     required to be imposed under paragraph (2), and subject to 
     paragraph (4), the President may impose such other targeted 
     sanctions with respect to the Central Bank of Iran as the 
     President determines appropriate to terminate the engagement 
     of the Central Bank of Iran in conduct described in paragraph 
     (1)(A) and activities described in subsection (c)(2).
       ``(4) Exception for sales of food, medicine, and medical 
     devices.--The President may not impose sanctions under this 
     subsection on a person for engaging in a transaction with the 
     Central Bank of Iran for the sale of food, medicine, or 
     medical devices to Iran.
       ``(5) Applicability of prohibitions and conditions on 
     accounts.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     paragraph (2)(A) applies with respect to financial 
     transactions commenced on or after the date that is 60 days 
     after the date on which the President makes the determination 
     required by paragraph (1)(A).
       ``(B) Petroleum transactions.--Paragraph (2)(A) applies 
     with respect to financial transactions for the purchase of 
     petroleum or petroleum products through the Central Bank of 
     Iran commenced on or after the date that is 180 days after 
     the date on which the President makes the determination 
     required by paragraph (1)(A).
       ``(6) Waiver.--The President may waive the application of 
     paragraph (2) for a period of 180 days, and renew such a 
     waiver for additional periods of 180 days, if the President--
       ``(A) determines that such a waiver is necessary to the 
     national security interest of the United States; and
       ``(B) submits to the appropriate congressional committees a 
     report--
       ``(i) providing the justification for the waiver; and
       ``(ii) describing--

       ``(I) any concrete cooperation the President has received 
     or expects to receive as a result of the waiver; and
       ``(II) any assurances the President has received or expects 
     to receive as a result of the waiver from foreign financial 
     institutions that such institutions have ceased engaging in 
     financial transactions with the Central Bank of Iran related 
     to terrorism or the facilitation, acquisition, or financing 
     of weapons of mass destruction.''.

                                 ______
                                 
  SA 1293. Mr. LEVIN proposed an amendment to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; as 
follows:

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

     SEC. 1024. TRANSFER OF CERTAIN HIGH-SPEED FERRIES TO THE 
                   NAVY.

       (a) Transfer From MARAD Authorized.--The Secretary of the 
     Navy may, from funds available for the Department of Defense 
     for fiscal year 2012, provide to the Maritime Administration 
     of the Department of Transportation an amount not to exceed 
     $35,000,000 for the transfer by the Maritime Administration 
     to the Department of the Navy of jurisdiction and control 
     over the vessels as follows:
       (1) M/V HUAKAI.
       (2) M/V ALAKAI.
       (b) Use as Department of Defense Sealift Vessels.--Each 
     vessel transferred to the Department of the Navy under 
     subsection (a) shall be administered as a Department of 
     Defense sealift vessel (as such term is defined in section 
     2218(k)(2) of title 10, United States Code).
                                 ______
                                 
  SA 1294. Mr. LEVIN (for Mr. Reed) proposed an amendment to the bill 
S. 1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

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

     SEC. 577. ENHANCEMENT OF CONSUMER CREDIT PROTECTIONS FOR 
                   MEMBERS OF THE ARMED FORCES AND THEIR 
                   DEPENDENTS.

       (a) Prohibited Actions.--Subsection (e) of section 987 of 
     title 10, United States Code, is amended--
       (1) in paragraph (6), by striking ``or'' at the end;
       (2) by redesignating paragraph (7) as paragraph (9); and
       (3) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) the creditor charges the borrower a fee for overdraft 
     service (as that term is defined by the Electronic Fund 
     Transfer Act (15 U.S.C. 1693 et seq.) and implementing 
     regulations) in connection with a withdrawal from an 
     automated teller machine or a one-time debit card 
     transaction;
       ``(8) the creditor charges the borrower a fee for overdraft 
     service (as so defined) where such fee is triggered as the 
     result of the institution having posted the borrower's 
     transactions in order from largest to smallest; or''.
       (b) Regulations.--Subsection (h)(3) of such section is 
     amended--
       (1) by inserting ``at least every two years'' after 
     ``consult''; and
       (2) by adding at the end the following new subparagraph:
       ``(H) The Bureau of Consumer Financial Protection.''.
       (c) Consumer Credit.--Subsection (i)(6) of such section is 
     amended by adding at the end the following new sentence: 
     ``Such term shall also include credit under an open end 
     consumer credit plan (as defined by section 103 of the Truth 
     in Lending Act (15 U.S.C. 1602) and implementing 
     regulations), except that the Secretary of Defense may 
     exclude credit under such a plan that provides for amortizing 
     payments over a period of at least 92 days.''.
                                 ______
                                 
  SA 1295. Mr. AKAKA submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 907. NATIONAL LANGUAGE SERVICE CORPS.

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

     ``SEC. 813. NATIONAL LANGUAGE SERVICE CORPS.

       ``(a) Establishment.--(1) The Secretary of Defense shall 
     establish and maintain within the Department of Defense a 
     National Language Service Corps (in this section referred to 
     as the `Corps').
       ``(2) The purpose of the Corps is to provide a pool of 
     personnel with foreign language skills who, as provided in 
     regulations prescribed under this section, agree to provide 
     foreign language services to the Department of Defense or 
     another department or agency of the United States.
       ``(b) National Security Education Board.--The Secretary 
     shall provide for the National Security Education Board to 
     oversee and coordinate the activities of the Corps to such 
     extent and in such manner as determined by the Secretary 
     under paragraph (9) of section 803(f).

[[Page 18126]]

       ``(c) Membership.--To be eligible for membership in the 
     Corps, a person must be a citizen of the United States 
     authorized by law to be employed in the United States, have 
     attained the age of 18 years, and possess such foreign 
     language skills as the Secretary considers appropriate for 
     membership in the Corps. Members of the Corps may include 
     employees of the Federal Government and of State and local 
     governments.
       ``(d) Training.--The Secretary may provide members of the 
     Corps such training as the Secretary prescribes for purposes 
     of this section.
       ``(e) Service.--Upon a determination that it is in the 
     national interests of the United States, the Secretary may 
     call upon members of the Corps to provide foreign language 
     services to the Department of Defense or another department 
     or agency of the United States.
       ``(f) Funding.--The Secretary may impose fees, in amounts 
     up to full-cost recovery, for language services and technical 
     assistance rendered by members of the Corps. Amounts of fees 
     received under this section shall be credited to the account 
     of the Department providing funds for any costs incurred by 
     the Department in connection with the Corps. Amounts so 
     credited to such account shall be merged with amounts in such 
     account, and shall be available to the same extent, and 
     subject to the same conditions and limitations, as amounts in 
     such account. Any amounts so credited shall remain available 
     until expended.
       ``(g) USERRA Applicability.--For purposes of the 
     applicability of chapter 43 of title 38, United States Code, 
     to a member of the Corps--
       ``(1) a period of active service in the Corps shall be 
     deemed to be service in the uniformed services; and
       ``(2) the Corps shall be deemed to be a uniformed 
     service.''.
       (b) National Security Education Board Matters.--
       (1) Composition.--Subsection (b) of section 803 of such Act 
     (50 U.S.C. 1903) is amended--
       (A) by striking paragraph (5);
       (B) by redesignating paragraphs (6) and (7) as paragraphs 
     (8) and (9), respectively; and
       (C) by inserting after paragraph (4) the following new 
     paragraphs:
       ``(5) The Secretary of Homeland Security.
       ``(6) The Secretary of Energy.
       ``(7) The Director of National Intelligence.''.
       (2) Functions.--Subsection (d) of such section is amended 
     by adding at the end the following new paragraph:
       ``(9) To the extent provided by the Secretary of Defense, 
     oversee and coordinate the activities of the National 
     Language Service Corps under section 813, including--
       ``(A) identifying and assessing on a periodic basis the 
     needs of the departments and agencies of the Federal 
     Government for personnel with skills in various foreign 
     languages;
       ``(B) establishing plans to address shortfalls and 
     requirements, such as recruitment, member assignments and 
     return, deployment, redeployment and public information;
       ``(C) coordinating activities with Executive agencies and 
     State and local governments to develop interagency plans and 
     agreements to address overall language shortfalls and to 
     utilize personnel to address the various types of crises that 
     warrant language skills; and
       ``(D) proposing to the Secretary regulations to carry out 
     section 813.''.
                                 ______
                                 
  SA 1296. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; as follows:

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

     SEC. 848. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.

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

     ``Sec. 2335. Reports on use of indemnification agreements

       ``(a) In General.--Beginning October 1, 2011, not later 
     than 90 days after the date on which any action described in 
     subsection (b)(1) occurs, the Secretary of Defense shall 
     submit to the congressional defense committees and the 
     Committees on the Budget of the House of Representatives and 
     the Senate a report on such action.
       ``(b) Action Described.--(1) An action described in this 
     paragraph is the Secretary of Defense--
       ``(A) entering into a contract that includes an 
     indemnification agreement; or
       ``(B) modifying an existing indemnification agreement in 
     any contract.
       ``(2) Paragraph (1) shall not apply to any contract awarded 
     in accordance with--
       ``(A) section 2354 of this title; or
       ``(B) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.).
       ``(c) Matters Included.--For each contract covered in a 
     report under subsection (a), the report shall include--
       ``(1) the name of the contractor;
       ``(2) the actual cost or estimated potential cost involved;
       ``(3) a description of the items, property, or services for 
     which the contract is awarded; and
       ``(4) a justification of the contract including the 
     indemnification agreement.
       ``(d) National Security.--The Secretary may omit any 
     information in a report under subsection (a) if the 
     Secretary--
       ``(1) determines that the disclosure of such information is 
     not in the national security interests of the United States; 
     and
       ``(2) includes in the report a justification of the 
     determination made under paragraph (1).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 137 of such title is amended by adding 
     at the end the following new item:

``2335. Reports on use of indemnification agreements.''.
                                 ______
                                 
  SA 1297. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 V, add the following:

     SEC. 547. INFORMATION FOR MEMBERS OF THE ARMED FORCES ON 
                   CERTAIN PROVIDERS OF POSTSECONDARY EDUCATION.

       (a) Provision of Information Required.--The Secretary of 
     Defense shall, in consultation with the Secretary of 
     Education, the Secretary of Veterans Affairs, and the 
     Secretary of Labor, make available through various means, 
     including through the Internet websites of the Department of 
     Defense, information about providers of postsecondary 
     education that accept assistance from the Department of 
     Defense for the provision of civilian education or training, 
     including providers of education that advertise on military 
     installations and providers with facilities or instructors 
     operating on military installations.
       (b) Information.--The information required under subsection 
     (a) shall include the following:
       (1) The regional and national accreditation of the selected 
     providers.
       (2) The participation (or eligibility for participation) of 
     such providers in financial aid programs under title IV of 
     the Higher Education Act of 1965.
       (3) Qualifications required for public examinations 
     licensure, or other conditions for employment fulfilled by 
     the education or training programs of the providers.
       (4) The transferability of credits from such providers to 
     public institutions of higher education in various States.
       (5) The dropout rates of students for each provider.
       (6) The completion and graduation rates of students for 
     each provider.
       (7) Job placement rates, as appropriate, for each provider.
       (8) The tuition and fees of providers when compared with 
     public institutions of higher education in various States.
       (9) The availability of job and career placement services 
     at each provider.
                                 ______
                                 
  SA 1298. Mr. WEBB (for himself and Mr. Graham) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 705. EXTENSION OF TIME LIMIT FOR SUBMITTAL OF CLAIMS 
                   UNDER THE TRICARE PROGRAM FOR CARE PROVIDED 
                   OUTSIDE THE UNITED STATES.

       Section 1106(b) of title 10, United States Code, is amended 
     by striking ``not later than'' and all that follows and 
     inserting the following: ``as follows:
       ``(1) In the case of services provided outside the United 
     States, the Commonwealth of Puerto Rico, or the possessions 
     of the United States, by not later than three years after the 
     services are provided.
       ``(2) In the case of any other services, by not later than 
     one year after the services are provided.''.
                                 ______
                                 
  SA 1299. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for

[[Page 18127]]

military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. REINSTATEMENT OF TEMPORARY EARLY RETIREMENT 
                   AUTHORITY.

       (a) Reinstatement.--Subsection (i) of section 4403 of the 
     National Defense Authorization Act for Fiscal Year 1993 (10 
     U.S.C. 1293 note) is amended--
       (1) by inserting ``(1)'' before ``the period''; and
       (2) by inserting before the period at the end the 
     following: ``, and (2) the period beginning on the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2012 and ending on December 31, 2018''.
       (b) Inapplicability of Certain Provisions.--Such section is 
     further amended by striking subsection (c) and inserting the 
     following new subsection (c):
       ``(c) Inapplicability of Certain Provisions.--
       ``(1) Increased retired pay for public or community 
     service.--The provisions of section 4464 of this Act (10 
     U.S.C. 1143a note) shall not apply with respect to a member 
     or former member retired by reason of eligibility under this 
     section during the active force drawdown period specified in 
     subsection (i)(2).
       ``(2) Coast guard and noaa.--During the period specified in 
     subsection (i)(2), this section does not apply as follows:
       ``(A) To members of the Coast Guard, notwithstanding 
     section 542(d) of the National Defense Authorization Act for 
     Fiscal Year 1995 (10 U.S.C. 1293 note).
       ``(B) To members of the commissioned corps of the National 
     Oceanic and Atmospheric Administration, notwithstanding 
     section 566(c) of the National Defense Authorization Act for 
     Fiscal Year 1995 (Public Law 104-106; 10 U.S.C. 1293 
     note).''.
       (c) Coordination With Other Separation Provisions.--Such 
     section is further amended--
       (1) in subsection (g), by striking ``, 1174a, or 1175'' and 
     inserting ``or 1175a''; and
       (2) in subsection (h)--
       (A) in the subsection heading, by striking ``SSB or VSI'' 
     and inserting ``SSB, VSI, or VSP'';
       (B) by inserting before the period at the end of the first 
     sentence the following: ``or who before the date of the 
     enactment of the National Defense Authorization Act for 
     Fiscal Year 2012 was separated from active duty pursuant to 
     an agreement entered into under section 1175a of such 
     title''; and
       (C) in the second sentence, by striking ``under section 
     1174a or 1175 of title 10, United States Code''.
                                 ______
                                 
  SA 1300. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. REINSTATEMENT OF AUTHORITY FOR ENHANCED SELECTIVE 
                   EARLY RETIREMENT BOARDS.

       Section 638a of title 10, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``, during the period beginning on October 
     1, 1990,'' and all that follows through ``December 31, 
     2012,''; and
       (B) by inserting at the end the following new sentence: 
     ``Any such authority provided the Secretary of a military 
     department under the preceding sentence shall expire as 
     specified by the Secretary of Defense, but not later than 
     December 31, 2018.''; and
       (2) in subsection (d)(2), by striking ``except that during 
     the period beginning on October 1, 2006, and ending on 
     December 31, 2012'' in subparagraphs (A) and (B) and 
     inserting ``except that through December 31, 2018''.
                                 ______
                                 
  SA 1301. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 I of title V, add the following:

     SEC. 586. AUTHORIZATION FOR AWARD OF THE DISTINGUISHED 
                   SERVICE CROSS FOR CAPTAIN FREDRICK L. SPAULDING 
                   FOR ACTS OF VALOR DURING THE VIETNAM WAR.

       (a) Authorization.--Notwithstanding the time limitations 
     specified in section 3744 of title 10, United States Code, or 
     any other time limitation with respect to the awarding of 
     certain medals to persons who served in the United States 
     Armed Forces, the Secretary of the Army is authorized to 
     award the Distinguished Service Cross under section 3742 of 
     such title to Captain Fredrick L. Spaulding for acts of valor 
     during the Vietnam War described in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of Fredrick L. Spaulding, 
     on July 23, 1970, as a member of the United States Army 
     serving in the grade of Captain in the Republic of Vietnam 
     while assigned with Headquarters and Headquarters Company, 3d 
     Brigade, 101st Airborne Division.
                                 ______
                                 
  SA 1302. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 I of title V, add the following:

     SEC. 586. AUTHORIZATION FOR AWARD OF MEDAL OF HONOR TO ALONZO 
                   H. CUSHING FOR ACTS OF VALOR AT THE BATTLE OF 
                   GETTYSBURG DURING THE CIVIL WAR.

       (a) Authorization.--Notwithstanding the time limitations 
     specified in section 3744 of title 10, United States Code, or 
     any other time limitation with respect to the awarding of 
     certain medals to persons who served in the Armed Forces, the 
     President is authorized to award the Medal of Honor 
     posthumously under section 3741 of such title to Alonzo H. 
     Cushing for the acts of valor during the Civil War described 
     in subsection (b).
       (b) Acts of Valor Described.--The acts of valor referred to 
     in subsection (a) are the actions of then First Lieutenant 
     Alonzo H. Cushing while in command of Battery A, 4th United 
     States Artillery, Army of the Potomac, at Gettysburg, 
     Pennsylvania, on July 3, 1863.
                                 ______
                                 
  SA 1303. Mr. LEVIN (for himself and Mr. McCain) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 158. AUTHORITY FOR EXCHANGE WITH UNITED KINGDOM OF 
                   SPECIFIED F-35 LIGHTNING II JOINT STRIKE 
                   FIGHTER AIRCRAFT.

       (a) Authority.--
       (1) Exchange authority.--In accordance with subsection (c), 
     the Secretary of Defense may transfer to the United Kingdom 
     of Great Britain and Northern Ireland (in this section 
     referred to as the ``United Kingdom'') all right, title, and 
     interest of the United States in and to an aircraft described 
     in paragraph (2) in exchange for the transfer by the United 
     Kingdom to the United States of all right, title, and 
     interest of the United Kingdom in and to an aircraft 
     described in paragraph (3). The Secretary may execute the 
     exchange under this section on behalf of the United States 
     only with the concurrence of the Secretary of State.
       (2) Aircraft to be exchanged by united states.--The 
     aircraft authorized to be transferred by the United States 
     under this subsection is an F-35 Lightning II aircraft in the 
     Carrier Variant configuration acquired by the United States 
     for the Marine Corps under a future Joint Strike Fighter 
     program contract referred to as the Low-Rate Initial 
     Production 6 contract.
       (3) Aircraft to be exchanged by united kingdom.--The 
     aircraft for which the exchange under paragraph (1) may be 
     made is an F-35 Lightning II aircraft in the Short-Take Off 
     and Vertical Landing configuration that, as of November 19, 
     2010, is being acquired on behalf of the United Kingdom under 
     an existing Joint Strike Fighter program contract referred to 
     as the Low-Rate Initial Production 4 contract.
       (b) Funding for Production of Aircraft.--
       (1) Funding sources for aircraft to be exchanged by united 
     states.--
       (A) In general.--Except as provided in subparagraph (B), 
     funds for production of the aircraft to be transferred by the 
     United States (including the propulsion system, long lead-
     time materials, the production build, and deficiency 
     corrections) may be derived from appropriations for Aircraft 
     Procurement, Navy, for the aircraft under the contract 
     referred to in subsection (a)(2).
       (B) Exception.--Costs for flight test instrumentation of 
     the aircraft to be transferred by the United States and any 
     other non-recurring and recurring costs for that

[[Page 18128]]

     aircraft associated with unique requirements of the United 
     Kingdom may not be borne by the United States.
       (2) Funding sources for aircraft to be exchanged by united 
     kingdom.--Costs for upgrades and modifications of the 
     aircraft to be transferred to the United States that are 
     necessary to bring that aircraft to the Low-Rate Initial 
     Production 6 configuration under the contract referred to in 
     subsection (a)(2) may not be borne by the United States.
       (c) Implementation.--The exchange under this section shall 
     be implemented pursuant to the memorandum of understanding 
     titled ``Joint Strike Fighter Production, Sustainment, and 
     Follow-on Development Memorandum of Understanding'', which 
     entered into effect among nine nations including the United 
     States and the United Kingdom on December 31, 2006, 
     consistent with section 27 of the Arms Export Control Act (22 
     U.S.C. 2767), and as supplemented as necessary by the United 
     States and the United Kingdom.
                                 ______
                                 
  SA 1304. Mr. CHAMBLISS (for himself, Mr. Isakson, Mr. Inhofe, Mr. 
Hatch, Mr. Lee, and Mr. Coburn) proposed an amendment to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; as follows:

       Strike section 324 and insert the following:

     SEC. 324. REPORTS ON DEPOT-RELATED ACTIVITIES.

       (a) Report on Depot-level Maintenance and Recapitalization 
     of Certain Parts and Equipment.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Defense 
     Logistics Agency (DLA), in consultation with the military 
     departments, shall submit to the congressional defense 
     committees a report on the status of the DLA Joint Logistics 
     Operations Center's Drawdown, Retrograde and Reset Program 
     for the equipment from Iraq and Afghanistan and the status of 
     the overall supply chain management for depot-level 
     activities.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) An assessment of the number of backlogged parts for 
     critical warfighter needs, an explanation of why those parts 
     became backlogged, and an estimate of when the backlog is 
     likely to be fully addressed.
       (B) A review of critical warfighter requirements that are 
     being impacted by a lack of supplies and parts and an 
     explanation of steps that the Director plans to take to meet 
     the demand requirements of the military departments.
       (C) An assessment of the feasibility and advisability of 
     working with outside commercial partners to utilize flexible 
     and efficient turn-key rapid production systems to meet 
     rapidly emerging warfighter requirements.
       (D) A review of plans to further consolidate the ordering 
     and stocking of parts and supplies from the military 
     departments at depots under the control of the Defense 
     Logistics Agency.
       (3) Flexible and efficient turn-key rapid production 
     systems defined.--For the purposes of this subsection, 
     flexible and efficient turn-key rapid production systems are 
     systems that have demonstrated the capability to reduce the 
     costs of parts, improve manufacturing efficiency, and have 
     the following unique features:
       (A) Virtual and flexible.--Systems that provide for 
     flexibility to rapidly respond to requests for low-volume or 
     high-volume machined parts and surge demand by accessing the 
     full capacity of small- and medium-sized manufacturing 
     communities in the United States.
       (B) Speed to market.--Systems that provide for flexibility 
     that allows rapid introduction of subassemblies for new parts 
     and weapons systems to the warfighter.
       (C) Risk management.--Systems that provide for the 
     electronic archiving and updating of turn-key rapid 
     production packages to provide insurance to the Department of 
     Defense that parts will be available if there is a supply 
     chain disruption.
       (b) Report on Air Force Materiel Command Reorganization.--
       (1) Restriction on reorganization activities.--With respect 
     to the planned reorganization of the Air Force Materiel 
     Command announced on November 2, 2011, the Secretary of the 
     Air Force shall make no changes related to organizational 
     alignment, reporting officials, or any other change related 
     to oversight or the duties of system program managers, 
     sustainment program managers, or product support managers who 
     reside at installations where Air Logistics Centers or depots 
     are located until 60 days after the report required under 
     paragraph (2) is submitted to the congressional defense 
     committees.
       (2) Report.--
       (A) In general.--The Secretary of the Air Force shall 
     submit to the congressional defense committees a report 
     containing an analysis of alternatives for alignment and 
     reporting of Air Force System Program Managers and Product 
     Support Managers.
       (B) Elements.--The report required under subparagraph (A) 
     shall--
       (i) focus on the impacts to Air Force life cycle 
     management, sustainment, readiness, and overall support to 
     the warfighter that would likely be realized through the 
     various alternatives;
       (ii) address legal, financial, and other relevant issues;
       (iii) identify criteria for evaluating alternatives;
       (iv) include a list of alternatives, including analysis and 
     recommendations relating to the alternatives;
       (v) describe cost and savings factors; and
       (vi) focus on how the Air Force should be best organized to 
     conduct life cycle management and sustainment, with overall 
     readiness being the highest priority.
                                 ______
                                 
  SA 1305. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 I of title V, add the following:

     SEC. 586. CONTINUATION AND EXPANSION OF WOUNDED WARRIOR 
                   CAREERS DEMONSTRATION PROGRAM.

       (a) Continuation and Expansion of Program.--
       (1) In general.--The Secretary of Defense shall continue 
     the program known as the Wounded Warrior Careers 
     Demonstration program (in this section referred to as the 
     ``Program''), being conducted in collaboration with the Army 
     Wounded Warrior program, as expanded in accordance with the 
     provisions of this section.
       (2) Additional purposes of program.--The Program as 
     expanded under this section shall have the additional 
     purposes as follows:
       (A) To identify, demonstrate, and disseminate best 
     practices in employment counseling, job placement, and 
     enrollment in high-quality education programs of wounded, 
     ill, or injured members of the Armed Forces (in this section 
     referred to as ``wounded warriors'') who are assigned to the 
     wounded warrior programs of the Armed Forces and other 
     individuals participating in the Program.
       (B) To assist wounded warriors in transitioning into 
     employment with the Federal Government, or into civilian life 
     and careers.
       (C) To otherwise assess the feasibility and advisability of 
     various additional means to support the transition and 
     reintegration of wounded warriors into civilian life and 
     careers.
       (3) Particular emphasis on severely wounded warriors.--In 
     conducting the Program as expanded under this section, the 
     Secretary shall pay special attention to wounded warriors who 
     are severely or catastrophically wounded, ill, or injured (in 
     this section referred to as ``severely wounded warriors'').
       (b) Additional Locations for Program.--
       (1) In general.--The Secretary of Defense shall expand the 
     Program under this section to not less than 10 locations 
     nationwide by not later than September 30, 2012, and to an 
     additional 10 locations nationwide by not later than 
     September 30, 2013.
       (2) Locations.--
       (A) In general.--In selecting locations under this 
     subsection, the Secretary shall select from among locations 
     in which there are high concentrations of wounded warriors 
     (including from the regular components and the reserve 
     components) who served in Operation Enduring Freedom, 
     Operation Iraqi Freedom, or Operation New Dawn who are ready 
     for career and employment counseling.
       (B) Special emphasis for locations with high 
     unemployment.--In selecting locations under this subsection, 
     the Secretary shall give special emphasis to locations 
     described in subparagraph (A) that also have an unemployment 
     rate that is higher than the national average unemployment 
     rate.
       (C) Data for identification of locations.--In identifying 
     locations for purposes of subparagraph (A), the Secretary 
     shall utilize applicable data of the military departments and 
     of the National Center for Veterans Analysis and Statistics.
       (c) Utilization of Other Federal Programs and Resources.--
       (1) In general.--In expanding the Program under this 
     section, the Secretary of Defense shall, with the cooperation 
     of the heads of the departments and agencies concerned, 
     utilize other programs and resources of the Federal 
     Government (including programs and resources having 
     objectives similar to the Program), including the following:
       (A) Programs and resources of the Department of Labor, 
     including the Recovery and Employment Assistance Lifelines 
     (REALifelines) initiative carried out by the Department and 
     the Bethesda Naval Medical Center and Walter Reed Army 
     Medical Center, Maryland.
       (B) Programs and resources of the Department of Veterans 
     Affairs, including the program of vocational rehabilitation 
     carried out

[[Page 18129]]

     under chapter 31 of title 38, United States Code.
       (C) Programs and resources of other departments and 
     agencies of the Federal Government relating to education and 
     employment of wounded warriors.
       (2) Designation.--Activities carried out under this 
     subsection as part of the expansion of the Program shall be 
     known as the ``Wounded Warrior Education and Employment 
     Initiative''.
       (d) Services To Be Provided Under Program.--
       (1) In general.--The services provided under the Program as 
     expanded under this section shall include all possible 
     career-development and education preparation services for 
     wounded warriors (and their spouses, if appropriate) that are 
     consistent with their needs and are provided utilizing a 
     proactive, intensive, extended case-management model that 
     includes individualized counseling.
       (2) Services.--The services provided under this subsection 
     shall include, but not be limited to, assistance relating to 
     the following:
       (A) Engaging with prospective employers and educators, when 
     appropriate.
       (B) Entering into various kinds of occupations (whether 
     full-time, part-time, paid, or volunteer, or self-employment 
     as entrepreneurs or otherwise).
       (C) Acquiring additional education and training, including 
     through internships and mentorship programs.
       (e) Availability of Services Under Program to Wounded 
     Warriors of All Armed Forces.--
       (1) In general.--The services provided under the Program as 
     expanded under this section shall be provided to wounded 
     warriors of all of the Armed Forces pursuant to policies 
     established by the Secretary of Defense.
       (2) Coordination.--The Secretary of Defense shall ensure 
     coordination between the Secretary of the Army, the Secretary 
     of the Navy, and the Secretary of the Air Force regarding the 
     participation of members of the Armed Forces in the Program 
     under this subsection, including actions to encourage and 
     facilitate the participation of such members in the Program 
     when appropriate.
       (f) Cost-benefit Analysis.--In identifying services to be 
     provided under the Program as expanded under this section, 
     and in identifying lessons learned and best practices 
     developed for purposes of subsection (g), the Secretary of 
     Defense shall undertake cost-benefit and other appropriate 
     analyses of such services and the results of the provision of 
     such services.
       (g) Dissemination of Lessons Learned.--
       (1) In general.--The Secretary of Defense shall provide for 
     the dissemination to other departments and agencies of the 
     Federal Government, State and local governments, and 
     appropriate nonprofit organizations of information on lessons 
     learned and best practices developed under the Program on the 
     provision of benefits, services, and support to severely 
     wounded warriors and other wounded warriors.
       (2) Dissemination to relevant agencies.--As part of the 
     dissemination of information under paragraph (1), the 
     Secretary of Defense, the Secretary of Veterans Affairs, the 
     Secretary of Labor, the Secretary of Education, and the 
     Director of the Office of Personnel Management shall 
     undertake such joint programs, activities, and initiatives as 
     such Secretaries and the Director consider appropriate to 
     facilitate and further the dissemination of such lessons and 
     best practices as will be of particular use to their 
     respective departments and agencies in providing benefits, 
     services, and support to severely wounded warriors and other 
     wounded warriors.
       (h) Reports.--
       (1) Preliminary report.--
       (A) In general.--Not later than one year after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the appropriate committees of Congress, a report on 
     the Program as expanded under this section.
       (B) Elements.--The report under this paragraph shall 
     include the following:
       (i) A current description of the Program as expanded under 
     this section.
       (ii) A statement of the actions, if any, proposed to be 
     undertaken to further expand the Program.
       (iii) In consultation with the heads of other appropriate 
     departments and agencies of the Federal Government, such 
     recommendations for legislative or administration action 
     (including legislative or administration action with respect 
     to or by departments and agencies of the Federal Government 
     other than the Department of Defense) for expanding, 
     improving, or otherwise enhancing the Program.
       (C) Publication.--The report shall be published in the 
     Federal Register.
       (D) Public comment.--The Secretary shall accept comments 
     from the public on the report, including on any 
     recommendations pursuant to subparagraph (B)(iii), including 
     comments from military service organizations and veterans 
     service organizations.
       (2) Assessment report.--
       (A) In general.--Not later than five years after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate committee of Congress a report on the 
     Program.
       (B) Elements.--The report required by this paragraph shall 
     include the following:
       (i) A comprehensive description of the Program, including 
     the following:

       (I) Information on job placement and retention of wounded 
     warriors who participated in the Program.
       (II) A description and assessment of the career services 
     provided under the Program to wounded warriors, with 
     particular focus on those experiencing Post-Traumatic Stress 
     Disorder (PTSD) or Traumatic Brain Injury (TBI).

       (ii) An assessment of the financial costs resulting from 
     the failure of wounded warriors to gain employment or achieve 
     self-sufficiency after service in the Armed Forces.
       (iii) An assessment of the efficacy of the Program in 
     preparing wounded warriors to meet the challenges of 
     employment after service in the Armed Forces.
       (iv) Such recommendations as the Secretary considers 
     appropriate, including recommendations for the further 
     continuation or enhancement of the services provided under 
     the Program.
       (3) Dissemination to other departments and agencies.--The 
     Secretary of Defense shall share the information contained in 
     the reports required by paragraphs (1) and (2) with the 
     Secretary of Veterans Affairs, the Secretary of Labor, the 
     Secretary of Education, the Director of the Office of 
     Personnel Management, and the heads of such other departments 
     and agencies of the Federal Government as the Secretary of 
     Defense considers appropriate.
       (i) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Health, Education, Labor, and Pensions of the Senate; and
       (2) the Committee on Armed Services and the Committee on 
     Ways and Means of the House of Representatives.
                                 ______
                                 
  SA 1306. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 542, strike line 11 and all that follows 
     through page 543, line 18, and insert the following: ``amount 
     of $270,000,000.

     SEC. 1403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2011, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of Defense (other than the 
     military departments) in the total amount of $3,347,498,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $1,476,499,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $357,004,000.
       (3) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $32,964,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $399,602,000.
       (6) For energy conservation projects under chapter 173 of 
     title 10, United States Code, $270,000,000.
                                 ______
                                 
  SA 1307. Mr. BARRASSO (for himself, Mr. Enzi, Mr. Conrad, Mr. Baucus, 
and Mr. Tester) submitted an amendment intended to be proposed by him 
to the bill S. 1867, to authorize appropriations for fiscal year 2012 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1089. READINESS AND FLEXIBILITY OF INTERCONTINENTAL 
                   BALLISTIC MISSILE FORCE.

       Notwithstanding any other provision of law and consistent 
     with the treaty obligations of the United States, the 
     Secretary of Defense shall--
       (1) retain all of the 450 intercontinental ballistic 
     missile launch facilities currently supporting deployed 
     strategic nuclear delivery vehicles within the limit of 800 
     deployed and non-deployed strategic launchers;
       (2) maintain a minimum of 420 intercontinental ballistic 
     missiles on alert or operationally deployed status;

[[Page 18130]]

       (3) preserve all 450 existing intercontinental ballistic 
     missile silos in operational or warm status; and
       (4) distribute any reductions in the intercontinental 
     ballistic missile force equally among the three operational 
     inter-continental ballistic missile bases.
                                 ______
                                 
  SA 1308. Mr. BARRASSO (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. ____. PRIVATE RIGHT OF ACTION UNDER UNIFORMED AND 
                   OVERSEAS CITIZENS ABSENTEE VOTING ACT.

       Section 105 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-4) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Private Right of Action.--A person who is aggrieved 
     by a violation of this Act may bring a civil action in an 
     appropriate district court for such declaratory or injunctive 
     relief as may be necessary to carry out this Act.
       ``(c) Attorney's Fees.--In a civil action under this 
     section, the court may allow the prevailing party (other than 
     the United States) reasonable attorney's fees, including 
     litigation expenses, and costs.
       ``(d) Reports to Congress.--
       ``(1) Annual report.--Not later than December 31 of each 
     year, the Attorney General shall submit to Congress an annual 
     report on any civil action brought by the Attorney General 
     under subsection (a) during the preceding year or any civil 
     action brought by a private party under subsection (b) in 
     which the Attorney General intervened.
       ``(2) Report on enforcement.--Not later than July 1 of each 
     year in which a general election for Federal office is 
     scheduled, the Attorney General shall submit to Congress a 
     report on the number of attorneys and other staff within the 
     Department of Justice assigned to enforce the Uniformed and 
     Overseas Citizen Absentee Voting Act, as well as the Attorney 
     General's plan to detect noncompliance by State and local 
     election officials with the requirements of the law.''.
                                 ______
                                 
  SA 1309. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1243. REPORT ON CUBA.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in consultation with the Director of National 
     Intelligence and the Secretary of State, submit to the 
     appropriate committees of Congress a report setting forth the 
     following:
       (1) A description the cooperative agreements, 
     relationships, or both between Cuba, on the one hand, and 
     Iran, North Korea, and other states suspected of nuclear 
     proliferation, on the other hand.
       (2) A detailed description of the economic support provided 
     by the Government of Venezuela to the Government of Cuba and 
     the intelligence and other support provided by the Cuba 
     Government to the Venezuela Government.
       (3) A review of the evidence of relationships between the 
     Cuba Government, or any of its components, and drug cartels, 
     and of the involvement of the Cuba Government, or any of its 
     components, in other drug trafficking activities.
       (4) A description of the status and extent of any 
     clandestine activities of the Cuba Government in the United 
     States.
       (5) A description of the extent of support by the Cuba 
     Government for governments in Venezuela, Bolivia, Ecuador, 
     and Central America, including cooperation on cyber matters 
     with such governments.
       (6) A description of the status and extent of the research 
     and development program of the Cuba Government for biological 
     weapons production.
       (7) A description of the status and extent of the cyber 
     warfare program of the Cuba Government.
       (b) Form of Report.--The report required by subsection (a) 
     shall be submitted in unclassified form, but may include a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services and Appropriations and 
     the Select Committee on Intelligence of the Senate; and
       (2) the Committees on Armed Services and Appropriations and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives.
                                 ______
                                 
  SA 1310. Mr. KIRK (for himself, Mr. Kyl, Mr. DeMint, and Mr. 
Sessions) submitted an amendment intended to be proposed by him to the 
bill S. 1867, to authorize appropriations for fiscal year 2012 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 234. PROTECTION OF UNITED STATES MISSILE DEFENSE 
                   TECHNOLOGY AND INFORMATION.

       (a) In General.--Subject to subsection (b), none of the 
     amounts authorized to be appropriated by this Act may be 
     obligated or expended to provide the Russian Federation 
     access to--
       (1) classified missile defense technology of the United 
     States, including hit-to-kill technology; or
       (2) classified data, including classified technical data 
     and warning, detection, tracking, targeting, telemetry, 
     command and control, and battle management data, that support 
     the missile defense capabilities of the United States.
       (b) Applicability.--The prohibitions under subsection (a) 
     apply to technology and data that was classified as of 
     November 1, 2011, or that was classified anytime thereafter.
                                 ______
                                 
  SA 1311. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. EXPRESSION OF SUPPORT FOR GOVERNMENT OF KENYA FOR 
                   MILITARY ACTION IN SOMALIA AGAINST AL-SHABAAB.

       Congress--
       (1) expresses gratitude to the Government of Kenya, 
     President Mwai Kibaki, and Prime Minister Raila Odinga for 
     conducting Operation Protect the Country against the Al-
     Shabaab terrorist organization;
       (2) recognizes the threat posed by Al-Shabaab to regional 
     stability and the national security of the United States;
       (3) supports offering all necessary assistance for 
     Operation Protect the Country, including the imposition of an 
     international blockade of the port of Kismayo, as requested 
     by the Government of Kenya and the Intergovernmental 
     Authority on Development (IGAD); and
       (4) directs the President to engage closely with our NATO 
     and regional allies to support the Kenyan operation against 
     the Al-Shabaab terrorist organization.
                                 ______
                                 
  SA 1312. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of division C, add the following:

               TITLE XXXIV--VIETNAM EDUCATION FOUNDATION

     SEC. 3401. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO 
                   THE DEPARTMENT OF STATE.

       (a) Purposes.--Section 202 of the Vietnam Education 
     Foundation Act of 2000 (22 U.S.C. 2452 note) is amended by 
     adding at the end the following:
       ``(3) To support the development of 1 or more academic 
     institutions in Vietnam that meets standards comparable to 
     those required for accreditation under section 101(a)(5) of 
     the Higher Education Act of 1965 (20 U.S.C. 1001(a)(5)) by 
     providing financial assistance to United States institutions 
     of higher education and not-for-profit organizations in the 
     United States to participate in the governance, management, 
     and academic activities of such academic institutions.''.
       (b) Definitions.--Section 203 of such Act is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Advisory committee.--The term `Advisory Committee' 
     means the Vietnam Education Foundation Advisory Committee 
     established under section 205.'';
       (2) by redesignating paragraph (4) as paragraph (6);
       (3) by redesignating paragraph (3) as paragraph (4);

[[Page 18131]]

       (4) by inserting after paragraph (2) the following:
       ``(3) Fund.--The term `Fund' means the Vietnam Debt 
     Repayment Fund established under section 207;''; and
       (5) by inserting after paragraph (4) the following:
       ``(5) Secretary.--The term `Secretary' means the Secretary 
     of State.''.
       (c) Establishment.--Section 204 of such Act is amended--
       (1) by inserting ``, within the Department of State,'' 
     after ``established''; and
       (2) by striking ``as an independent'' and all that follows 
     through ``Code''.
       (d) Replacement of Board of Directors With Advisory 
     Committee.--Section 205 of such Act is amended to read as 
     follows:

     ``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

       ``(a) Establishment.--
       ``(1) In general.--There shall be established a Vietnam 
     Education Foundation Advisory Committee, which shall provide 
     advice to the Secretary regarding the Foundation's 
     activities.
       ``(2) Membership.--The Advisory Committee shall be composed 
     of 7 members, of whom--
       ``(A) 3 shall be appointed by the Secretary;
       ``(B) 1 shall be appointed by the majority leader of the 
     Senate;
       ``(C) 1 shall be appointed by the minority leader of the 
     Senate;
       ``(D) 1 shall be appointed by the Speaker of the House of 
     Representatives; and
       ``(E) 1 shall be appointed by the minority leader of the 
     House of Representatives.
       ``(3) Appointment of incumbent members of board of 
     directors.--Members appointed to the Advisory Committee may 
     include individuals who were members of the Board of 
     Directors of the Foundation on the date immediately preceding 
     the date on which the Advisory Committee was established.
       ``(b) Supervision.--The Foundation shall be subject to the 
     supervision and direction of the Secretary, in consultation 
     with the Advisory Committee.''.
       (e) Fellowship Program.--Section 206(a)(1) of the Vietnam 
     Education Foundation Act of 2000 (22 U.S.C. 2452 note) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``shall'' and inserting ``may''; and
       (2) in subparagraph (A), by striking ``technology, and 
     computer sciences'' and inserting ``academic computer 
     science, public policy, management, and other applied 
     academic disciplines relevant to Vietnam's development''.
       (f) Vietnam Debt Repayment Fund.--Section 207 of such Act 
     is amended--
       (1) in subsection (a), by striking ``(in this subsection 
     referred to as the `Fund')''; and
       (2) in subsection (c)--
       (A) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--During each of the fiscal years 2012 
     through 2018, $5,000,000 of the amounts in the Fund shall be 
     available, in accordance with paragraph (2), for expenditure 
     by the Department of State for the purpose of carrying out 
     this title.
       ``(2) Disbursement.--The Secretary of the Treasury, upon 
     the request of the Secretary, shall transfer amounts made 
     available under paragraph (1) to the Department of State for 
     the purpose of carrying out this title.''; and
       (B) in paragraph (3), by striking ``to the Foundation under 
     paragraph (1)'' and inserting ``under this subsection''.
       (g) Appointment of Executive Director.--Section 208(a) of 
     such Act is amended--
       (1) in the subsection heading, by striking ``by Board'';
       (2) by striking ``There'' and inserting the following:
       ``(1) In general.--There'';
       (3) by striking ``shall be appointed by the Board'' and 
     inserting ``may be appointed by the Secretary, in 
     consultation with the Advisory Committee,''; and
       (4) by striking ``The Executive Director shall be'' and all 
     that follows and inserting the following:
       ``(2) Duties.--The Executive Director--
       ``(A) shall be the Chief Executive Officer of the 
     Foundation;
       ``(B) shall serve the Advisory Committee;
       ``(C) shall carry out the functions of the Foundation 
     subject to the supervision and direction of the Secretary;
       ``(D) shall carry out such other functions, consistent with 
     the provisions of this title as the Secretary may 
     prescribe.''.
       (h) Conforming Amendments.--The Vietnam Education 
     Foundation Act of 2000 (22 U.S.C. 2452 note) is amended--
       (1) in section 206(e), by striking ``Board'' and inserting 
     ``Secretary'';
       (2) in section 207(d), by striking ``Board'' and inserting 
     ``Secretary''
       (3) in section 208--
       (A) by striking subsection (b); and
       (B) in subsection (d), by striking ``Board'' and inserting 
     ``Secretary''; and
       (4) in section 209--
       (A) in subsection (a)(4), by striking ``with the 
     concurrence of a majority of the members of the Board,''; and
       (B) by amending subsection (b) to read as follows:
       ``(b) Annual Report.--The Secretary of State shall submit 
     an annual report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that describes the operations authorized 
     under this title, including--
       ``(1) a list of the entities that received grants under 
     this title during the past fiscal year, and the amount of 
     such grants;
       ``(2) a description of the process used to allocate grant 
     funds to the grantees described in paragraph (1); and
       ``(3) a description of how such grant funds were expended 
     by such grantees.''.
       (i) Mutual Educational and Cultural Exchange Act of 1961.--
     Section 112(a) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``but not limited to'';
       (2) in paragraph (8), by striking ``and'' at the end;
       (3) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(10) programs administered by the Vietnam Education 
     Foundation.''.
       (j) Transfer of Functions.--
       (1) In general.--All functions and assets of the Vietnam 
     Education Foundation, as of the day before the date of the 
     enactment of this Act, are transferred to the Department of 
     State.
       (2) Personnel.--The Secretary of State may hire--
       (A) personnel who were employed by the Vietnam Education 
     Foundation on the day before the date of the enactment of 
     this Act; and
       (B) such other personnel as may be necessary to support the 
     Foundation, in accordance with part III of title 5, United 
     States Code (5 U.S.C. 2101 et seq.).
       (k) Support for Institutional Innovation in Vietnam.--
       (1) Grants authorized.--The Secretary of State may award 1 
     or more grants, using a transparent and competitive selection 
     process, for the purposes set forth in paragraph (2), to--
       (A) the Vietnam Education Foundation;
       (B) institutions of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); and
       (C) not-for-profit organizations in the United States 
     engaged in promoting institutional innovation in Vietnamese 
     higher education.
       (2) Use of funds.--Grant funds awarded under paragraph (1) 
     shall be used to establish 1 or more independent, not-for-
     profit, academic institutions in Vietnam, each of which 
     shall--
       (A) meet standards comparable to those required for 
     accreditation under section 101(a)(5) of the Higher Education 
     Act of 1965;
       (B) offer graduate level programs in public policy, 
     management, and related fields;
       (C) support the equitable and sustainable socioeconomic 
     development of Vietnam;
       (D) feature teaching and research components;
       (E) promote the development of institutional capacity and 
     innovation in Vietnam;
       (F) operate according to core principles of good 
     governance; and
       (G) be autonomous from the Government of Vietnam.
       (3) Application.--
       (A) In general.--Each institution of higher education and 
     not-for-profit organization desiring a grant under this 
     subsection shall submit an application to the Secretary of 
     State at such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       (B) Competitive basis.--The process for selecting grantees 
     under this subsection shall be transparent and competitive 
     and conform to--
       (i) the requirements set forth under the Mutual Educational 
     and Cultural Exchange Act of 1961 (22 U.S.C. 2451); and
       (ii) established Federal assistance award procedures of the 
     Department of State.
       (4) Source of grant funds.--The Secretary of State may use 
     amounts from the Vietnam Debt Repayment Fund made available 
     under section 207(c) of the Vietnam Education Foundation Act 
     of 2000 (22 U.S.C. 2452 note) for grants authorized under 
     this subsection.
       (5) Annual report.--The Secretary of State shall submit an 
     annual report to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives that summarizes the activities carried out 
     under this subsection during the most recent fiscal year.

     SEC. 3402. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the date that is 90 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1313. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:


[[Page 18132]]

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

     SEC. 2823. LAND CONVEYANCE, LOCAL TRAINING AREA FOR BROWNING 
                   ARMY RESERVE CENTER, UTAH.

       (a) Conveyance Authorized.--The Secretary of the Army shall 
     convey, without consideration, to the Department of Veterans 
     Affairs (in this section referred to as the ``Department'') 
     all right, title, and interest of the United States in and to 
     a parcel of unimproved real property consisting of 
     approximately 5 acres of the Local Training Area for the 
     Browning Army Reserve Center, Utah, for the purpose of 
     constructing and operating a Community Based Outpatient 
     Clinic adjacent to the George E. Wahlen Veterans Home in 
     Ogden, Utah.
       (b) Payment of Costs of Conveyance.--
       (1) Payment required.--The Secretary may require the 
     Department to cover costs to be incurred by the Secretary, or 
     to reimburse the Secretary for costs incurred by the 
     Secretary, to carry out the conveyance under subsection (a), 
     including survey costs, costs related to environmental 
     documentation, and other administrative costs related to the 
     conveyance. If amounts paid to the Secretary in advance 
     exceed the costs actually incurred by the Secretary to carry 
     out the conveyance, the Secretary shall refund the excess 
     amount to the Department.
       (2) Treatment of amounts received.--Amounts received as 
     reimbursement under paragraph (1) shall be credited to the 
     fund or account that was used to cover the costs incurred by 
     the Department. Amounts so credited shall be merged with 
     amounts in such fund or account, and shall be available for 
     the same purposes, and subject to the same conditions and 
     limitations, as amounts in such fund or account.
       (c) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Secretary.
       (d) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
                                 ______
                                 
  SA 1314. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. FEDERAL EMPLOYEES RETIREMENT SYSTEM AGE AND 
                   RETIREMENT TREATMENT FOR CERTAIN RETIREES OF 
                   THE ARMED FORCES.

       (a) Increase in Maximum Age Limit for Positions Subject to 
     FERS.--
       (1) Law enforcement officers and firefighters.--Section 
     3307(e) of title 5, United States Code, is amended--
       (A) by striking ``(e) The'' and inserting ``(e)(1) Except 
     as provided in paragraph (2), the''; and
       (B) by adding at the end the following:
       ``(2) The maximum age limit for an original appointment to 
     a position as a firefighter or law enforcement officer (as 
     defined in section 8401(14) or (17), respectively) shall be 
     47 years of age, in the case of an individual who on the 
     effective date of such appointment is eligible to receive 
     retired pay or retainer pay for military service, or pension 
     or compensation from the Department of Veterans Affairs 
     instead of such retired or retainer pay.''.
       (2) Other positions.--The maximum age limit for an original 
     appointment to a position as a member of the Capitol Police 
     or Supreme Court Police, nuclear materials courier (as 
     defined under section 8401(33) of such title), or customs and 
     border protection officer (as defined in section 8401(36) of 
     such title) shall be 47 years of age, in the case of an 
     individual who on the effective date of such appointment is 
     eligible to receive retired pay or retainer pay for military 
     service, or pension or compensation from the Department of 
     Veterans Affairs instead of such retired or retainer pay.
       (b) Eligibility for Annuity.--Section 8412(d) of such title 
     is amended--
       (1) in paragraph (1), by striking ``or'' at the end;
       (2) in paragraph (2), by adding ``or'' at the end; and
       (3) by inserting after paragraph (2) the following:
       ``(3) after becoming 57 years of age and completing 10 
     years of service as a law enforcement officer, member of the 
     Capitol Police or Supreme Court Police, firefighter, nuclear 
     materials courier, customs or border protection officer, or 
     any combination of such service totaling 10 years, if such 
     employee--
       ``(A) is originally appointed to a position as a law 
     enforcement officer, member of the Capitol Police or Supreme 
     Court Police, firefighter, nuclear materials courier, or 
     customs and border protection officer on or after the 
     effective date of this paragraph under section 1088(e) of the 
     National Defense Authorization Act for Fiscal Year 2012; and
       ``(B) on the date that original appointment met the 
     requirements of section 3307(e)(2) of this title or section 
     1088(a)(2) of the National Defense Authorization Act for 
     Fiscal Year 2012,''.
       (c) Mandatory Separation.--Section 8425 of such title is 
     amended--
       (1) in subsection (b)(1), in the first sentence, by 
     inserting ``, except that a law enforcement officer, 
     firefighter, nuclear materials courier, or customs and border 
     protection officer eligible for retirement under 8412(d)(3) 
     shall be separated from service on the last day of the month 
     in which that employee becomes 57 years of age'' before the 
     period;
       (2) in subsection (c), in the first sentence, by inserting 
     ``, except that a member of the Capitol Police eligible for 
     retirement under 8412(d)(3) shall be separated from service 
     on the last day of the month in which that employee becomes 
     57 years of age'' before the period; and
       (3) in subsection (d), in the first sentence, by inserting 
     ``, except that a member of the Supreme Court Police eligible 
     for retirement under 8412(d)(3) shall be separated from 
     service on the last day of the month in which that employee 
     becomes 57 years of age'' before the period.
       (d) Computation of Basic Annuity.--Section 8415(d) of such 
     title is amended--
       (1) in paragraph (1), by striking ``total service as'' and 
     inserting ``civilian service as a law enforcement officer, 
     member of the Capitol Police or Supreme Court Police, 
     firefighter, nuclear materials courier, customs and border 
     protection officer, or air traffic controller that, in the 
     aggregate,''; and
       (2) in paragraph (2), by striking ``so much of such 
     individual's total service as exceeds 20 years'' and 
     inserting ``the remainder of such individual's total 
     service''.
       (e) Effective Date.--This section (including the amendments 
     made by this section) shall take effect 60 days after the 
     date of the enactment of this Act and shall apply to 
     appointments made on or after that effective date.
                                 ______
                                 
  SA 1315. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. LONG-TERM PLAN FOR MAINTENANCE OF INTERCONTINENTAL 
                   BALLISTIC MISSILE SOLID ROCKET MOTOR PRODUCTION 
                   CAPACITY.

       The Secretary of Defense shall submit, with the budget 
     justification materials submitted to Congress in support of 
     the budget of the Department of Defense for fiscal year 2013 
     (as submitted with the budget of the President under section 
     1105(a) of title 31, United States Code), a long-term plan 
     for maintaining a minimal capacity to produce 
     intercontinental ballistic missile solid rocket motors.
                                 ______
                                 
  SA 1316. Mr. HATCH (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 subtitle C of title III.
                                 ______
                                 
  SA 1317. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1080. REPORT ON DEFENSE DEPARTMENT ANALYTIC CAPABILITIES 
                   REGARDING FOREIGN BALLISTIC MISSILE THREATS.

       (a) Report Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the analytic capabilities of the Department of Defense 
     regarding threats from foreign ballistic missiles of all 
     ranges.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current capabilities of the 
     Department of Defense to analyze

[[Page 18133]]

     threats from foreign ballistic missiles of all ranges, 
     including the degree of coordination among the relevant 
     analytic elements of the Department.
       (2) A description of any current or foreseeable gaps in the 
     analytic capabilities of the Department regarding threats 
     from foreign ballistic missiles of all ranges.
       (3) A plan to address any gaps identified pursuant to 
     paragraph (2) during the 5-year period beginning on the date 
     of the report.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1318. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1048 and insert the following:

     SEC. 1048. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) Fiscal Year 2012 Administration.--Notwithstanding 
     section 2302(c) of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6672(c)), the Secretary of Defense may 
     administer the Troops-to-Teachers Program during fiscal year 
     2012. Amounts authorized to be appropriated for the 
     Department of Defense by this Act shall be available to the 
     Secretary of Defense for that purpose.
       (b) Years of Service Requirements.--Section 
     2303(a)(2)(A)(i) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended by 
     striking ``6 or more years'' and inserting ``4 or more 
     years''.
       (c) Definition of Local Educational Agency and Public 
     Charter Schools.--
       (1) Amendment.--Section 2304(a)(1)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is 
     amended to read as follows:
       ``(B) to accept an offer of full-time employment as an 
     elementary school teacher, secondary school teacher, or 
     career or technical education teacher for not less than 3 
     school years with a local educational agency receiving a 
     grant under part A of title I, a public charter school (as 
     such term is defined in section 2102) residing in such a 
     local educational agency, or a Bureau-funded school (as such 
     term is defined in section 1141 of the Education Amendments 
     of 1978 (25 U.S.C. 2021)), to begin the school year after 
     obtaining that certification or licensing.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 30 days after the date of the enactment of 
     this Act.
       (d) Report.--
       (1) In general.--Not later than April 1, 2012, the 
     Secretary of Defense and the Secretary of Education shall 
     jointly submit to the appropriate committees of Congress a 
     report on the Troops-to-Teachers Program. The report shall 
     include the following:
       (A) A summary of the funding of the Troops-to-Teachers 
     Program since its inception and projected funding of the 
     program during the period covered by the future-years defense 
     program submitted to Congress during 2011.
       (B) The number of past participants in the Troops-to-
     Teachers Program by year, the number of past participants who 
     have fulfilled, and have not fulfilled, their service 
     obligation under the program, and the number of waivers of 
     such obligations (and the reasons for such waivers).
       (C) A discussion and assessment of the current and 
     anticipated effects of recent economic circumstances in the 
     United States, and cuts nationwide in State and local 
     budgets, on the ability of participants in the Troops-to-
     Teachers Program to obtain teaching positions.
       (D) A discussion of the youth education goals in the 
     Troops-to-Teachers Program and the record of the program to 
     date in producing teachers in high-need and other eligible 
     schools.
       (E) An assessment of the extent to which the Troops-to-
     Teachers Program achieves its purpose as a military 
     transition assistance program and, in particular, as a 
     transition assistance program for members of the Armed Forces 
     who are nearing retirement or who are voluntarily or 
     involuntarily separating from military service.
       (F) An assessment of the performance of the Troops-to-
     Teachers Program in providing qualified teachers to high-need 
     public schools, and reasons for expanding the program to 
     additional school districts.
       (G) A discussion and assessment of the advisability of the 
     administration of the Troops-to-Teachers Program by the 
     Department of Education in consultation with the Department 
     of Defense.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committees on Armed Services and Health, Education, 
     Labor, and Pensions of the Senate; and
       (ii) the Committees on Armed Services and Education and the 
     Workforce of the House of Representatives.
       (B) Troops-to-teachers program.--The term ``Troops-to-
     Teachers Program'' means the Troops-to-Teachers Program under 
     chapter A of subpart 1 of part C of title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671 et seq.).
                                 ______
                                 
  SA 1319. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 542, strike line 11 and all that follows 
     through page 543, line 18, and insert the following: ``amount 
     of $270,000,000.

     SEC. 1403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

       Funds are hereby authorized to be appropriated for fiscal 
     years beginning after September 30, 2011, for military 
     construction, land acquisition, and military family housing 
     functions of the Department of Defense (other than the 
     military departments) in the total amount of $3,347,498,000, 
     as follows:
       (1) For military construction projects inside the United 
     States authorized by section 2401(a), $1,476,499,000.
       (2) For military construction projects outside the United 
     States authorized by section 2401(b), $357,004,000.
       (3) For unspecified minor military construction projects 
     under section 2805 of title 10, United States Code, 
     $32,964,000.
       (4) For contingency construction projects of the Secretary 
     of Defense under section 2804 of title 10, United States 
     Code, $10,000,000.
       (5) For architectural and engineering services and 
     construction design under section 2807 of title 10, United 
     States Code, $399,602,000.
       (6) For energy conservation projects under chapter 173 of 
     title 10, United States Code, $270,000,000.
       On page 671, in the table relating to Military 
     Construction, Defense-Wide, in the item relating to the 
     Energy Conservation Investment Program, strike ``135,000'' in 
     the Senate Agreement column and insert ``270,000''.
       On page 671, in the table relating to Military 
     Construction, Defense-Wide, in the item relating to Total 
     Military Construction, Defense-Wide, strike ``3,103,663'' in 
     the Senate Agreement column and insert ``3,238,663''.
                                 ______
                                 
  SA 1320. Mr. LIEBERMAN (for himself, Mr. Inhofe, and Mr. Graham) 
submitted an amendment intended to be proposed by him to the bill S. 
1867, to authorize appropriations for fiscal year 2012 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of 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 IV, add the following:

     SEC. 402. REPORT ON ANTICIPATED REDUCTIONS IN END-STRENGTH 
                   LEVELS FOR UNITED STATES GROUND FORCES IN 
                   RESPONSE TO POTENTIAL REDUCTIONS IN FUNDING FOR 
                   THE DEPARTMENT OF DEFENSE.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to Congress a report on potential reductions in end-
     strength levels for United States ground forces that would 
     occur as a result of any reductions in funding for the 
     Department of Defense linked to the Budget Control Act.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the reductions in end-strength levels 
     for United States ground forces anticipated in response to 
     potential reductions in funding for the Department of 
     Defense.
       (2) An explanation of the strategic rationale for such 
     reductions.
       (3) An explanation of the standards to be used in 
     determining and implementing such reductions, and the 
     resultant force structure mix, over the course of the future-
     years defense program submitted to Congress in fiscal year 
     2012.
       (4) A summary of the risks such reductions pose to the 
     capacity of the Armed Forces to execute the National Defense 
     Strategy or any particular role or mission under that 
     strategy.
       (5) A summary of plans to manage the risks summarized under 
     paragraph (4), including, in particular, plans for mechanisms 
     to ensure the timeliness of any expansion of United States 
     ground forces required in the event of a crisis and to expand 
     the reserve components.
       (6) A description of any differences in opinion on the 
     matters covered by paragraphs (1) through (5) from the Joint 
     Staff, the Chiefs of Staff, and the commanders of the 
     combatant commands.

[[Page 18134]]

       (7) Such other matters relating to such reductions as the 
     Secretary considers appropriate.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) United States Ground Forces Defined.--In this section, 
     the term ``United States ground forces'' means the Army and 
     the Marine Corps.
                                 ______
                                 
  SA 1321. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 1072 submitted by Mr. Leahy (for himself, Mr. Graham, Mr. 
Rockefeller, Ms. Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. 
Begich, Mr. Bennet, Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. 
Boozman, Mrs. Boxer, Mr. Brown of Massachusetts, Mr. Brown of Ohio, Mr. 
Burr, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. 
Conrad, Mr. Coons, Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. 
Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. 
Harkin, Mr. Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, 
Mr. Johnson of Wisconsin, Mr. Johnson of South Dakota, Ms. Klobuchar, 
Ms. Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs. 
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs. 
Murray, Mr. Nelson of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr. 
Schumer, Mrs. Shaheen, Ms. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall 
of Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr. 
Toomey, and Mr. Kerry) to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 2, strike line 15 and all that follows through page 
     5 line 19, and insert the following:
       ``(A) have had at least 10 years of federally recognized 
     service in an active status in the National Guard; and
       ``(B) are in a grade above the grade of brigadier general.
       ``(2) The Chief and Vice Chief of the National Guard Bureau 
     may not both be members of the Army or of the Air Force.
       ``(3)(A) Except as provided in subparagraph (B), an officer 
     appointed as Vice Chief of the National Guard Bureau serves 
     for a term of four years, but may be removed from office at 
     any time for cause.
       ``(B) The term of the Vice Chief of the National Guard 
     Bureau shall end within a reasonable time (as determined by 
     the Secretary of Defense) following the appointment of a 
     Chief of the National Guard Bureau who is a member of the 
     same armed force as the Vice Chief.
       ``(b) Duties.--The Vice Chief of the National Guard Bureau 
     performs such duties as may be prescribed by the Chief of the 
     National Guard Bureau.
       ``(c) Grade.--The Vice Chief of the National Guard Bureau 
     shall be appointed to serve in the grade of lieutenant 
     general.
       ``(d) Functions as Acting Chief.--When there is a vacancy 
     in the office of the Chief of the National Guard Bureau or in 
     the absence or disability of the Chief, the Vice Chief of the 
     National Guard Bureau acts as Chief and performs the duties 
     of the Chief until a successor is appointed or the absence of 
     disability ceases.''.
       (b) Conforming Amendments.--
       (1) Section 10502 of such title is amended by striking 
     subsection (e).
       (2) Section 10506(a)(1) of such title is amended by 
     striking ``and the Director of the Joint Staff of the 
     National Guard Bureau'' and inserting ``and the Vice Chief of 
     the National Guard Bureau''.
       (c) Clerical Amendments.--
       (1) Heading amendment.--The heading of section 10502 of 
     such title is amended to read as follows:

     ``Sec. 10502. Chief of the National Guard Bureau: 
       appointment; advisor on National Guard matters; grade''.

       (2) Table of sections.--The table of sections at the 
     beginning of chapter 1011 of such title is amended--
       (A) by striking the item relating to section 10502 and 
     inserting the following new item:

``10502. Chief of the National Guard Bureau: appointment; advisor on 
              National Guard matters; grade.'';
     and
       (B) by striking the item relating to section 10505 and 
     inserting the following new item:

``10505. Vice Chief of the National Guard Bureau.''.

     SEC. 1603. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD 
                   BUREAU ON THE JOINT CHIEFS OF STAFF.

       Section 151(a) of title 10, United States Code, is amended 
     by adding at the end the following new paragraph:
       ``(7) The Chief of the National Guard Bureau for the 
     purpose of addressing issues involving non-federalized 
     National Guard forces in support of homeland defense and 
     civil support missions.''.
                                 ______
                                 
  SA 1322. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. SENSE OF SENATE ON THE 50TH ANNIVERSARY OF THE 
                   ESTABLISHMENT OF THE NAVY SEALS.

       (a) Findings.--The Senate makes the following findings:
       (1) Members of the United States Special Operations Command 
     forces, known as ``Navy SEALs'', who are able to operate in 
     sea, air, and land, bravely serve United States national 
     security by conducting elite combat operations around the 
     world in support of the global war on terrorism.
       (2) The Navy SEALs are the critical element of the special 
     operations capability of the United States and have retained 
     the highest standard of loyalty, honor, and duty since their 
     origin as Navy frogmen during World War II.
       (3) The Navy SEALs show the highest professionalism in 
     their tactical proficiency and full-spectrum capability on 
     the battlefield.
       (4) The Navy SEALs have made the greatest of sacrifices in 
     the line of duty and repeatedly demonstrate their dedication 
     and readiness to continue to make those sacrifices on behalf 
     of the United States.
       (5) The valiant Navy SEALs have courageously and vigorously 
     pursued al-Qaeda and its affiliates in Afghanistan and around 
     the world, and participated with the intelligence community 
     in the elimination of Osama Bin Laden.
       (b) Sense of Senate.--It is the sense of the Senate to--
       (1) recognize the service, professionalism, honor, and 
     sacrifices of the Navy SEALs and their contributions to the 
     national security of the United States since January 1, 1962;
       (2) support the mission of the Navy SEALs in the global war 
     on terrorism; and
       (3) encourage the people of the United States to learn the 
     history and mission of the Navy SEALs.
                                 ______
                                 
  SA 1323. Mr. BENNET (for himself and Mrs. Gillibrand) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 I of title V, add the following:

     SEC. 586. IMPROVEMENTS TO TRANSITION ASSISTANCE PROGRAM.

       (a) Secretary of Labor Follow-up With Program 
     Participants.--The Secretary of Labor shall contact each 
     individual who participates in the Transition Assistance 
     Program (TAP) of the Department of Defense not later than 180 
     days after the date on which the individual completes 
     participation in the program and not less frequently than 
     once every 120 days thereafter for two years--
       (1) to ascertain the employment status of the individual; 
     and
       (2) to refer the individual to employment assistance and 
     services provided by the Department of Labor or Department of 
     Veterans Affairs as appropriate.
       (b) Outreach to Spouses.--The Secretary of Labor shall, in 
     conjunction with the Secretary of Defense, the Secretary of 
     Homeland Security, and the Secretary of Veterans Affairs, 
     carry out a program of outreach to ensure that spouses of 
     members of the Armed Forces who are eligible for 
     participation in the Transition Assistance Program are aware 
     that they are also eligible to participate in such program.
       (c) Biennial Audits.--
       (1) In general.--Not less frequently than once every two 
     years, the Secretary of Labor shall enter into an agreement 
     with an independent nongovernmental entity to conduct an 
     audit of the Transition Assistance Program.
       (2) Elements.--Each audit carried out under paragraph (1) 
     shall include, for the period covered by such audit, an 
     assessment of the following:
       (A) The persons providing training under the program.
       (B) Outreach relating to the program.
       (C) The employment obtained by former participants in the 
     program, including the quality of job offers received by 
     participants and the current employment status of former 
     participants.

[[Page 18135]]

       (3) Assessment of employment.--In assessing the employment 
     of former participants under paragraph (2)(C), the Secretary 
     shall assess the employment status of former participants at 
     intervals of every 180 days, commencing 180 days after 
     participation in the program and ending three years after 
     participation in the program.
                                 ______
                                 
  SA 1324. Mr. COCHRAN (for himself and Mr. Wicker) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of 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 554, insert after the table relating to Air 
     National Guard the following:

                           Air National Guard: Extension of 2009 Project Authorization
----------------------------------------------------------------------------------------------------------------
                 State                    Installation or  Location            Project                Amount
----------------------------------------------------------------------------------------------------------------
Mississippi............................  Gulfport-Biloxi              Relocate munitions              $3,400,000
                                          International Airport.....   storage complex.........
----------------------------------------------------------------------------------------------------------------

                                 ______
                                 
  SA 1325. Mr. BARRASSO submitted an amendment intended to be proposed 
by him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 634. TIMELY PRODUCTION OF DEATH CERTIFICATES FOR MEMBERS 
                   OF THE ARMED FORCES WHO DIE ON ACTIVE DUTY 
                   ABROAD.

       With respect to a member of the Armed Forces on active duty 
     who dies abroad, the Secretary of Defense shall take 
     appropriate actions to ensure that the Chief of the Armed 
     Forces Examiner Services produces the following not later 
     than seven days after the return of the remains of the member 
     to the United States:
       (1) A death certificate.
       (2) If a death certificate cannot be provided within such 
     seven days, a temporary death certificate adequate for 
     purposes of claiming commercial insurance with respect to the 
     deceased member.
                                 ______
                                 
  SA 1326. Mr. RISCH submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 331(b)(2), strike subparagraphs (K) and (L) and 
     insert the following:
       (K) identify parcels with no value to future military 
     operations;
       (L) propose a list of prioritized projects, easements, 
     acquisitions, or other actions, including estimated costs 
     required to upgrade the test and training range 
     infrastructure, taking into consideration the criteria set 
     forth in this paragraph; and
       (M) explore opportunities to increase foreign military 
     training with United States allies at test and training 
     ranges in the continental United States.
                                 ______
                                 
  SA 1327. Mr. BENNET submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 1048 and insert the following:

     SEC. 1048. FISCAL YEAR 2012 ADMINISTRATION OF TROOPS-TO-
                   TEACHERS PROGRAM.

       Notwithstanding section 2302(c) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6672(c)), the 
     Secretary of Defense may administer the Troops-to-Teachers 
     Program (as defined in section 1049(j)(2)) during fiscal year 
     2012. Amounts authorized to be appropriated for the 
     Department of Defense by this Act shall be available to the 
     Secretary of Defense for that purpose.

     SEC. 1049. TROOPS-TO-TEACHERS PROGRAM ENHANCEMENTS.

       (a) High-need School Definition.--Section 2301 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671) is amended by adding at the end the following:
       ``(6) High-need school.--The term `high-need school' 
     means--
       ``(A) an elementary school or middle school in which not 
     less than 50 percent of the enrolled students are children 
     from low-income families, based on--
       ``(i) the number of children eligible for a free or reduced 
     priced lunch under the Richard B. Russell National School 
     Lunch Act;
       ``(ii) the number of children in families receiving 
     assistance under the State program funded under part A of 
     title IV of the Social Security Act;
       ``(iii) the number of children eligible to receive medical 
     assistance under the Medicaid program under title XIX of the 
     Social Security Act; or
       ``(iv) a composite of the indicators described in clauses 
     (i) through (iii);
       ``(B) a high school in which not less than 40 percent of 
     the enrolled students are children from low-income families, 
     as described in clauses (i) through (iv) of subparagraph (A), 
     which may be calculated using data from the feeder schools of 
     such high school;
       ``(C) a school that is served by a local educational agency 
     that is eligible as described in section 6211(b); or
       ``(D) a school in which not less than 13 percent of the 
     enrolled students qualify for assistance under part B of the 
     Individuals with Disabilities Education Act.''.
       (b) Bureau-funded Schools.--Section 2302(b)(2)(A) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6672(b)(2)(A)) is amended--
       (1) in clause (i), by striking ``or'' after the semicolon;
       (2) in clause (ii)--
       (A) by striking ``and'' after the semicolon and inserting 
     ``or''; and
       (B) by inserting ``foreign language,'' after ``special 
     education,''; and
       (3) by adding at the end the following:
       ``(iii) a Bureau-funded school (as such term is defined in 
     section 1141 of the Education Amendments of 1978 (25 U.S.C. 
     2021)); and''.
       (c) Counseling and Referral Services.--Section 2302(e) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6672(e)) is amended to read as follows:
       ``(e) Counseling and Referral Services.--The Secretary may, 
     with the agreement of the Secretary of Defense, provide 
     placement assistance and referral services to members of the 
     Armed Forces who do not meet the criteria described in 
     section 2303(a), including meeting the education 
     qualification requirements under section 2303(c)(2).''.
       (d) Years of Service Requirements; Stipend.--Section 
     2303(a) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6673(a)) is amended--
       (1) in paragraph (2)(A)(i), by striking ``6 or more years'' 
     and inserting ``4 or more years''; and
       (2) in paragraph (2)(A)(ii), by striking ``10 years of 
     active duty service, 10 years of service computed under 
     section 12732 of title 10, United States Code, or 10 years of 
     any combination of such service; and'' and inserting ``6 
     years of active duty service, 6 years of service computed 
     under section 12732 of title 10, United States Code, or 6 
     years of any combination of such service; and''.
       (e) Vocational and Technical Education Requirements.--
     Section 2303(c)(2)(B) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6673(c)(2)(B)) is amended by 
     striking ``ave received the equivalent'' and all that follows 
     through ``field; or'' and inserting the following:
       ``(i) to have received the equivalent of 1 year of college 
     from an accredited institution of higher education or the 
     equivalent in military education and training as certified by 
     the Department of Defense; or''.
       (f) Reserve Enlistment Requirement.--Section 2303(e)(2)(B) 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 6673(e)(2)(B)) is amended by striking ``(in addition 
     to any other reserve commitment the member may have)''.
       (g) Definition of Local Educational Agency and Public 
     Charter Schools.--
       (1) Amendment.--Section 2304(a)(1)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6674(a)(1)(B)) is 
     amended to read as follows:
       ``(B) to accept an offer of full-time employment as an 
     elementary school teacher, secondary school teacher, or 
     vocational or technical teacher for not less than 3 school 
     years with a local educational agency receiving a grant under 
     part A of title I, a public charter school (as such term is 
     defined in section 2102) residing in such a local educational 
     agency, or a Bureau-funded school (as such

[[Page 18136]]

     term is defined in section 1141 of the Education Amendments 
     of 1978 (25 U.S.C. 2021)), to begin the school year after 
     obtaining that certification or licensing.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 30 days after the date of the enactment of 
     this Act.
       (h) High-need School.--Section 2303(d) of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6674(d)) is 
     amended to read as follows:
       ``(d) Selection Priorities.--In selecting eligible members 
     of the Armed Forces to receive assistance under the Program, 
     the Secretary--
       ``(1) shall give priority to members who--
       ``(A) have educational or military experience in science, 
     mathematics, special education, foreign language, or career 
     or vocational subjects; and
       ``(B) agree to seek employment as science, mathematics, 
     foreign language, or special education teachers in elementary 
     schools or secondary schools or in other schools under the 
     jurisdiction of a local educational agency; and
       ``(2) may give priority to members who agree to seek 
     employment in a high-need school.''.
       (i) Definitions.--Section 2304(d) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6675(d)) is 
     amended by striking paragraph (3).
       (j) Report.--
       (1) In general.--Not later than April 1, 2012, the 
     Secretary of Defense and the Secretary of Education shall 
     jointly submit to the appropriate committees of Congress a 
     report on the Troops-to-Teachers Program. The report shall 
     include the following:
       (A) A summary of the funding of the Troops-to-Teachers 
     Program since its inception and projected funding of the 
     program during the period covered by the future-years defense 
     program submitted to Congress during 2011.
       (B) The number of past participants in the Troops-to-
     Teachers Program by year, the number of past participants who 
     have fulfilled, and have not fulfilled, their service 
     obligation under the program, and the number of waivers of 
     such obligations (and the reasons for such waivers).
       (C) A discussion and assessment of the current and 
     anticipated effects of recent economic circumstances in the 
     United States, and cuts nationwide in State and local 
     budgets, on the ability of participants in the Troops-to-
     Teachers Program to obtain teaching positions.
       (D) A discussion of the youth education goals in the 
     Troops-to-Teachers Program and the record of the program to 
     date in producing teachers in high-need and other eligible 
     schools.
       (E) An assessment of the extent to which the Troops-to-
     Teachers Program achieves its purpose as a military 
     transition assistance program and, in particular, as a 
     transition assistance program for members of the Armed Forces 
     who are nearing retirement or who are voluntarily or 
     involuntarily separating from military service.
       (F) An assessment of the performance of the Troops-to-
     Teachers Program in providing qualified teachers to high-need 
     public schools, and reasons for expanding the program to 
     additional school districts.
       (G) A discussion and assessment of the advisability of the 
     administration of the Troops-to-Teachers Program by the 
     Department of Education in consultation with the Department 
     of Defense.
       (2) Definitions.--In this subsection:
       (A) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (i) the Committees on Armed Services and Health, Education, 
     Labor, and Pensions of the Senate; and
       (ii) the Committees on Armed Services and Education and the 
     Workforce of the House of Representatives.
       (B) Troops-to-teachers program.--The term ``Troops-to-
     Teachers Program'' means the Troops-to-Teachers Program under 
     chapter A of subpart 1 of part C of title II of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6671 et seq.).
                                 ______
                                 
  SA 1328. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1080. REPORT ON IMPROVEMENT OF JOINT, INTERAGENCY, AND 
                   INTERGOVERNMENTAL METHODS FOR COLLECTING, 
                   PROCESSING, EXPLOITING, AND DISSEMINATING DATA 
                   FROM UNMANNED AERIAL SYSTEMS.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall, in consultation with the Secretary of Homeland 
     Security and the heads of other appropriate departments and 
     agencies of the Federal Government, submit to Congress a 
     report on means of improving joint, interagency, and 
     intergovernmental methods for collecting, processing, 
     exploiting, and disseminating data from unmanned aerial 
     systems.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) Recommendations for means to improve interoperability 
     between operators of unmanned aerial systems and users of 
     data collected by unmanned aerial systems, including the 
     Department of Defense, the Department of Homeland Security, 
     and other Federal and State governmental users, including 
     recommendations for improvements regarding the following:
       (A) Unmanned aerial systems operations, including crew and 
     contractor support.
       (B) Network architecture and infrastructure for unmanned 
     aerial systems and processing, exploitation, and 
     dissemination facilities.
       (C) Methods of processing, exploiting, and disseminating 
     data collected from unmanned aerial systems, with an emphasis 
     on improvement of dissemination of such data.
       (2) An assessment of the feasibility of each of the 
     following (including whether the feasibility of each is 
     enhanced by reason of any improvements recommended under 
     paragraph (1)):
       (A) The establishment of a joint Distributed Common Ground 
     Station (DCGS), or similar processing, exploitation, and 
     dissemination facilities, consisting of appropriate elements 
     of the Air Force, the Army, the Navy, and the Marine Corps.
       (B) The establishment of an interagency Distributed Common 
     Ground Station, or such similar facilities, consisting of 
     appropriate elements of the Department of Defense, the 
     Department of Homeland Security, and other appropriate 
     departments and agencies of the Federal Government, including 
     members of the National Guard in State status serving both 
     the Army National Guard or the Air National Guard and a 
     Federal or State civilian agency.
       (C) The establishment of an intergovernmental Distributed 
     Common Ground Station, or such similar facilities, consisting 
     of appropriate elements of the Federal Government and State 
     governments, particularly for purposes of collecting, 
     processing, exploiting, and disseminating data from unmanned 
     aerial systems on natural disasters.
       (3) An identification and assessment of means of resolving 
     each of the following in connection with the collecting, 
     processing, exploiting, and disseminating of data from 
     unmanned aerial systems:
       (A) Issues arising from the classified nature of some data 
     collected by unmanned aerial systems.
       (B) Issues in connection with the advantages and 
     disadvantages flowing from the geographic dispersal of 
     unmanned aerial systems and processing, exploitation, and 
     dissemination facilities throughout the United States.
       (C) Issues relating to whether the Department of Defense, 
     in using unmanned aerial systems to collect data and using 
     processing, exploitation, and dissemination facilities to 
     process, exploit, and disseminate data in the United States, 
     constitutes a posse comitatus.
       (4) Such other matters as the Secretary of Defense 
     considers appropriate.
                                 ______
                                 
  SA 1329. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of 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 V, add the following:

     SEC. 515. REPEAL OF REQUIREMENT THAT THE CHIEF OF THE 
                   NATIONAL GUARD BUREAU BE APPOINTED FROM AMONG 
                   OFFICERS RECOMMENDED FOR APPOINTMENT BY THE 
                   GOVERNORS OF THE STATES.

       Section 10502(a) of title 10, United States Code, is 
     amended--
       (1) by striking paragraph (1); and
       (2) by redesignating paragraphs (2) through (8) as 
     paragraphs (1) through (7), respectively.
                                 ______
                                 
  SA 1330. Mr. WEBB submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. PETERSBURG NATIONAL BATTLEFIELD BOUNDARY 
                   MODIFICATION.

       (a) In General.--The boundary of Petersburg National 
     Battlefield is modified to include the properties as 
     generally depicted on

[[Page 18137]]

     the map titled ``Petersburg National Battlefield Boundary 
     Expansion'', numbered 325/80,080, and dated June 2007. The 
     map shall be on file and available for inspection in the 
     appropriate offices of the National Park Service.
       (b) Acquisition of Properties.--The Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     is authorized to acquire the lands or interests in land, 
     described in subsection (a), from willing sellers only by 
     donation, purchase with donated or appropriated funds, 
     exchange, or transfer.
       (c) Administration.--The Secretary shall administer any 
     land or interests in land acquired under subsection (b) as 
     part of the Petersburg National Battlefield in accordance 
     with applicable laws and regulations.
       (d) Administrative Jurisdiction Transfer.--
       (1) In general.--The Secretary and the Secretary of the 
     Army are authorized to transfer administrative jurisdiction 
     for approximately 1.171 acres of land under the jurisdiction 
     of the Department of the Interior within the boundary of the 
     Petersburg National Battlefield, for approximately 1.170 
     acres of land under the jurisdiction of the Department of the 
     Army within the boundary of the Fort Lee Military Reservation 
     adjacent to the boundary of the Petersburg National 
     Battlefield.
       (2) Map.--The land to be exchanged is depicted on the map 
     titled ``Petersburg National Battlefield Proposed Transfer of 
     Administrative Jurisdiction'', numbered 325/80,081, and dated 
     October 2009. The map shall be available for public 
     inspection in the appropriate offices of the National Park 
     Service.
       (3) Conditions of transfer.--The transfer of administrative 
     jurisdiction authorized in paragraph (1) shall be subject to 
     the following conditions:
       (A) No reimbursement or consideration.--The transfer shall 
     occur without reimbursement or consideration.
       (B) Deadline.--The Secretary and the Secretary of the Army 
     shall complete the transfers authorized by this subsection 
     not later than 120 days after the funds are made available 
     for that purpose.
       (C) Management.--The land conveyed to the Secretary under 
     paragraph (1) shall be included within the boundary of the 
     Petersburg National Battlefield and shall be administered as 
     part of the park in accordance with applicable laws and 
     regulations.
                                 ______
                                 
  SA 1331. Mr. UDALL of Colorado submitted an amendment intended to be 
proposed by him to the bill S. 1867, to authorize appropriations for 
fiscal year 2012 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of 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 364, after line 22, add the following:
       (e) Sunset.--This section and any requirements under this 
     section shall expire on September 30, 2013.
                                 ______
                                 
  SA 1332. Mr. LIEBERMAN (for himself and Mr. Cornyn) submitted an 
amendment intended to be proposed by him to the bill S. 1867, to 
authorize appropriations for fiscal year 2012 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 1080. REPORT ON APPROVAL AND IMPLEMENTATION OF AIR SEA 
                   BATTLE CONCEPT.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of Defense 
     shall submit to Congress a report on the approved Air Sea 
     Battle Concept, as required by the 2010 Quadrennial Defense 
     Review Report, and a plan for the implementation of the 
     concept.
       (b) Elements.--The report required by subsection (a) shall 
     include, at a minimum, the following:
       (1) The approved Air Sea Battle Concept.
       (2) An identification and assessment of risks related to 
     gaps between Air Sea Battle Concept requirements and the 
     current force structure and capabilities of the Department of 
     Defense.
       (3) The plan and assessment of the Department on the risks 
     to implementation of the approved concept within the current 
     force structure and capabilities.
       (4) A description and assessment of how current research, 
     development, and acquisition priorities in the program of 
     record meet or fail to meet current and future requirements 
     for implementation of the Air Sea Battle Concept.
       (5) An identification, in order of priority, of the five 
     most critical force structure or capabilities requiring 
     increased or sustained investment for the implementation of 
     the Air Sea Battle Concept.
       (6) An identification, in order of priority, of how the 
     Department will offset the increased costs for force 
     structure and capabilities required by implementation of the 
     Air Sea Battle Concept, including an explanation of what 
     force structure, capabilities, and programs will be reduced 
     and how potentially increased risks based on those reductions 
     will be managed relative to other strategic requirements.
       (7) A description and assessment of the estimated 
     incremental increases in costs and savings from implementing 
     the Air Sea Battle Concept, including the most significant 
     reasons for those increased costs and savings.
       (8) A description and assessment of the contributions 
     required from allies and other international partners, 
     including the identification and plans for management of 
     related risks, in order to implement the Air Sea Battle 
     Concept.
       (9) Such other matters relating to the development and 
     implementation of the Air Sea Battle Concept as the Secretary 
     considers appropriate.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in both unclassified and classified form.
                                 ______
                                 
  SA 1333. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 1072 submitted by Mr. Leahy (for himself, Mr. Graham, Mr. 
Rockefeller, Ms. Ayotte, Mr. Akaka, Mr. Alexander, Mr. Baucus, Mr. 
Begich, Mr. Bennet, Mr. Bingaman, Mr. Blumenthal, Mr. Blunt, Mr. 
Boozman, Mrs. Boxer, Mr. Brown of Massachusetts, Mr. Brown of Ohio, Mr. 
Burr, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coats, Mr. 
Conrad, Mr. Coons, Mr. Corker, Mr. Crapo, Mr. Durbin, Mr. Enzi, Mrs. 
Feinstein, Mr. Franken, Mrs. Gillibrand, Mr. Grassley, Mrs. Hagan, Mr. 
Harkin, Mr. Heller, Mr. Hoeven, Mr. Inhofe, Mr. Inouye, Mr. Johanns, 
Mr. Johnson of Wisconsin, Mr. Johnson of South Dakota, Ms. Klobuchar, 
Ms. Landrieu, Mr. Lautenberg, Mr. Lee, Mr. Lugar, Mr. Manchin, Mrs. 
McCaskill, Mr. Menendez, Mr. Merkley, Ms. Mikulski, Mr. Moran, Mrs. 
Murray, Mr. Nelson of Nebraska, Mr. Pryor, Mr. Risch, Mr. Sanders, Mr. 
Schumer, Mrs. Shaheen, Ms. Snowe, Ms. Stabenow, Mr. Tester, Mr. Udall 
of Colorado, Mr. Vitter, Mr. Warner, Mr. Whitehouse, Mr. Wyden, Mr. 
Toomey, and Mr. Kerry) to the bill S. 1867, to authorize appropriations 
for fiscal year 2012 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of 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 14, strike line 14 and all that follows through the 
     end and insert the following:

     SEC. 1609. NATIONAL GUARD STATE PARTNERSHIP PROGRAM.

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

     ``Sec. 116. State Partnership Program

       ``(a) Availability of Appropriated Funds.--(1) Funds 
     appropriated to the Department of Defense, including for the 
     Air and Army National Guard, shall be available for the 
     payment of costs to conduct activities under the State 
     Partnership Program, whether inside the United States or 
     outside the United States, for purposes as follows:
       ``(A) To support the objectives of the commander of the 
     combatant command for the theater of operations in which such 
     contacts and activities are conducted.
       ``(B) To support the objectives of the United States chief 
     of mission of the partner nation with which contacts and 
     activities are conducted.
       ``(C) To build international partnerships and defense and 
     security capacity.
       ``(D) To strengthen cooperation between the departments and 
     agencies of the United States Government and agencies of 
     foreign governments to support building of defense and 
     security capacity.
       ``(E) To facilitate intergovernmental collaboration between 
     the United States Government and foreign governments in the 
     areas of defense and security.
       ``(F) To facilitate and enhance the exchange of information 
     between the United States Government and foreign governments 
     on matters relating to defense and security.
       ``(2) Costs under paragraph (1) may include costs as 
     follows:
       ``(A) Costs of pay and allowances of members of the 
     National Guard.
       ``(B) Travel and necessary expenses of United States 
     personnel outside of the Department of Defense in the State 
     Partnership Program.

[[Page 18138]]

       ``(C) Travel and necessary expenses of foreign participants 
     directly supporting activities under the State Partnership 
     Program.
       ``(b) Limitations.--(1) Funds shall not be available under 
     subsection (a) for activities described in that subsection 
     that are conducted in a foreign country unless jointly 
     approved by the commander of the combatant command concerned 
     and the chief of mission concerned.
       ``(2) Funds shall not be available under subsection (a) for 
     the participation of a member of the National Guard in 
     activities described in that subsection in a foreign country 
     unless the member is on active duty in the armed forces at 
     the time of such participation.
       ``(3) Funds shall not be available under subsection (a) for 
     interagency activities involving United States civilian 
     personnel or foreign civilian personnel unless the 
     participation of such personnel in such activities--
       ``(A) contributes to responsible management of defense 
     resources;
       ``(B) fosters greater respect for and understanding of the 
     principle of civilian control of the military;
       ``(C) contributes to cooperation between United States 
     military and civilian governmental agencies and foreign 
     military and civilian government agencies; or
       ``(D) improves international partnerships and capacity on 
     matters relating to defense and security.
       ``(c) Reimbursement.--In the event of the participation of 
     United States Government participants (other than personnel 
     of the Department of Defense) in activities for which payment 
     is made under subsection (a), the head of the department or 
     agency concerned shall reimburse the Secretary of Defense for 
     the costs associated with the participation of such personnel 
     in such contacts and activities. Amounts reimbursed the 
     Department of Defense under this subsection shall be 
     deposited in the appropriation or account from which amounts 
     for the payment concerned were derived. Any amounts so 
     deposited shall be merged with amounts in such appropriation 
     or account, and shall be available for the same purposes, and 
     subject to the same conditions and limitations, as amounts in 
     such appropriation or account.
       ``(d) Definitions.--In this section:
       ``(1) The term `State Partnership Program' means a program 
     that establishes a defense and security relationship between 
     the National Guard of a State or territory and the military 
     and security forces, and related disaster management, 
     emergency response, and security ministries, of a foreign 
     country.
       ``(2) The term `activities', for purposes of the State 
     Partnership Program, means any military-to-military 
     activities or interagency activities for a purpose set forth 
     in subsection (a)(1).
       ``(3) The term `interagency activities' means the 
     following:
       ``(A) Contacts between members of the National Guard and 
     foreign civilian personnel outside the ministry of defense of 
     the foreign country concerned on matters within the core 
     competencies of the National Guard.
       ``(B) Contacts between United States civilian personnel and 
     members of the Armed Forces of a foreign country on matters 
     within such core competencies.
       ``(4) The term `matter within the core competencies of the 
     National Guard' means matters with respect to the following:
       ``(A) Disaster response and mitigation.
       ``(B) Defense support to civil authorities.
       ``(C) Consequence management and installation protection.
       ``(D) Response to a chemical, biological, radiological, 
     nuclear, or explosives (CBRNE) event.
       ``(E) Border and port security and cooperation with 
     civilian law enforcement.
       ``(F) Search and rescue.
       ``(G) Medicine.
       ``(H) Counterdrug and counternarcotics activities.
       ``(I) Public affairs.
       ``(J) Employer support and family support for reserve 
     forces.
       ``(5) The term `United States civilian personnel' means the 
     following:
       ``(A) Personnel of the United States Government (including 
     personnel of departments and agencies of the United States 
     Government other than the Department of Defense) and 
     personnel of State and local governments of the United 
     States.
       ``(B) Members and employees of the legislative branch of 
     the United States Government.
       ``(C) Non-governmental individuals.
       ``(6) The term `foreign civilian personnel' means the 
     following:
       ``(A) Civilian personnel of a foreign government at any 
     level (including personnel of ministries other than 
     ministries of defense).
       ``(B) Non-governmental individuals of a foreign country.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1 of such title is amended by adding at 
     the end the following new item:

``116. State Partnership Program.''.

       (b) Repeal of Superseded Authority.--Section 1210 of the 
     National Defense Authorization Act for Fiscal Year 2010 
     (Public Law 111-84; 123 Stat. 2517; 32 U.S.C. 107 note) is 
     repealed.
                                 ______
                                 
  SA 1334. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. EXCEPTION TO THE MEDICARE EXPANSION RESTRICTIONS 
                   FOR PHYSICIAN-OWNED HOSPITALS FOR CERTAIN 
                   HOSPITALS LOCATED NEAR A MILITARY INSTALLATION.

       (a) In General.--Section 1877(i) of the Social Security Act 
     (42 U.S.C. 1395nn(i)) is amended--
       (1) in paragraph (1)(B), by striking ``paragraph (3)'' and 
     inserting ``paragraphs (3) and (7)''; and
       (2) by adding at the end the following new paragraph:
       ``(7) Additional exception to prohibition on expansion of 
     facility capacity.--
       ``(A) In general.--The requirement under paragraph (1)(B) 
     shall not apply to a hospital described in subparagraph (B).
       ``(B) Hospital described.--A hospital is described in this 
     subparagraph if it meets the following requirements:
       ``(i) The hospital makes emergency services available 24 
     hours a day and 7 days a week.
       ``(ii) The hospital is an authorized provider of health 
     care services under the TRICARE program.
       ``(iii) The hospital is located within 75 road miles of a 
     United States military installation (as defined by the 
     Secretary of Defense).''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
  SA 1335. Mr. LUGAR submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1088. TERMINATION OF APPLICATION OF TITLE IV OF THE 
                   TRADE ACT OF 1974 TO THE PRODUCTS OF MOLDOVA.

       (a) Presidential Determinations and Extension of 
     Nondiscriminatory Treatment.--Notwithstanding any provision 
     of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 
     seq.), the President may--
       (1) determine that the denial of nondiscriminatory 
     treatment should no longer apply to the products of Moldova; 
     and
       (2) after making a determination under paragraph (1) with 
     respect to Moldova, proclaim the extension of 
     nondiscriminatory treatment (normal trade relations 
     treatment) to the products of Moldova.
       (b) Termination of Applicability of Title IV.--On and after 
     the date on which the President extends nondiscriminatory 
     treatment to the products of Moldova pursuant to subsection 
     (a), title IV of the Trade Act of 1974 shall cease to apply 
     to Moldova.
                                 ______
                                 
  SA 1336. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1089. REPORT ON, AND LIMITATION ON APPLICATION OF, 
                   PROPOSED FEDERAL AVIATION ADMINISTRATION RULE 
                   WITH RESPECT TO FLIGHTCREW MEMBER DUTY AND REST 
                   REQUIREMENTS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report that 
     contains the following:
       (1) An assessment of the effects of the proposed rule of 
     the Federal Aviation Administration with respect to 
     flightcrew member duty and rest requirements (as described in 
     the notice of proposed rulemaking published in the Federal 
     Register on September 14, 2010 (75 Fed. Reg. 55852)) on 
     Department of Defense operations.
       (2) A description of--
       (A) the efforts of the United States Transportation Command 
     to inform the Administrator of the Federal Aviation 
     Administration of concerns with respect to the application of 
     the proposed rule; and
       (B) the response, if any, received by the United States 
     Transportation Command from the Administrator.

[[Page 18139]]

       (3) An assessment of options available to the United States 
     Transportation Command and other Federal agencies that rely 
     on support from the Civil Reserve Air Fleet to mitigate any 
     adverse effects of the potential rule.
       (b) Limitation on Application of Proposed Rule.--
     Notwithstanding any other provision of law, the proposed rule 
     specified in subsection (a)(1) may not take effect with 
     respect to flights operated by or in support of the 
     Department of Defense or in furtherance of national security 
     until the date that is 90 days after the report required by 
     subsection (a) is submitted.
                                 ______
                                 
  SA 1337. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 933. REPORT ON THE INCORPORATION OF EQUIPMENT 
                   MANUFACTURED BY HUAWEI INTO DEPARTMENT OF 
                   DEFENSE NETWORKS.

       (a) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Defense shall 
     submit to the Committees on Armed Services of the Senate and 
     the House of Representatives a report on the incorporation 
     into Department of Defense networks or the networks of 
     Department of Defense contractors of equipment manufactured 
     by Huawei or any of its affiliates, subsidiaries, or allied 
     organizations.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A comprehensive list of the networks of the Department 
     of Defense into which equipment manufactured by Huawei or any 
     of its affiliates, subsidiaries, or allied organizations was 
     incorporated.
       (2) A comprehensive list of the networks of Department of 
     Defense contractors into which such equipment was 
     incorporated.
       (3) An assessment of the vulnerabilities created by the 
     incorporation of such equipment into such networks.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
                                 ______
                                 
  SA 1338. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 889. PROHIBITION ON USE OF FUNDS FOR CONTRACTS THAT 
                   INCORPORATE EQUIPMENT MANUFACTURED BY HUAWEI 
                   INTO DEPARTMENT OF DEFENSE NETWORKS.

       None of the amounts authorized to be appropriated by this 
     Act may be expended on a contract that results in the 
     incorporation into Department of Defense networks of any 
     equipment manufactured by Huawei or any of its affiliates, 
     subsidiaries, or allied organizations.
                                 ______
                                 
  SA 1339. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 1243. ANNUAL REPORT ON MILITARY AND SECURITY 
                   DEVELOPMENTS INVOLVING THE PEOPLE'S REPUBLIC OF 
                   CHINA.

       Section 1202 of the National Defense Authorization Act for 
     Fiscal Year 2000 (Public Law 106-65; 113 Stat. 781; 10 U.S.C. 
     113 note) is amended--
       (1) in subsection (a), by striking ``the Secretary of 
     Defense shall submit'' and inserting ``the Secretary of 
     Defense, in consultation with the Director of National 
     Intelligence, shall submit''; and
       (2) in subsection (b)--
       (A) by redesignating paragraph (12) as paragraph (15); and
       (B) by inserting after paragraph (11) the following new 
     paragraphs:
       ``(12) Chinese military-to-military relationships with 
     other countries, including--
       ``(A) the size and activity of military attache offices 
     around the world;
       ``(B) military education programs conducted in China for 
     others countries or in other countries for the Chinese;
       ``(C) the size and scope of purchases of foreign military 
     hardware and software by the Chinese and from the Chinese; 
     and
       ``(D) Chinese foreign aid to and economic investment in 
     other countries.
       ``(13) Activities by the Government of the People's 
     Republic of China at or near United States military 
     installations worldwide.
       ``(14) Activities by the Government of the People's 
     Republic of China in key industries, including energy, rare 
     earth minerals, biotechnology, and telecommunications, and 
     the implications of those activities to the national security 
     of the United States.
       ``(15) Joint ventures between firms in the People's 
     Republic of China and contractors of the Department of 
     Defense that involve the intellectual property of those 
     contractors.''.
                                 ______
                                 
  SA 1340. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

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

     SEC. 889. SECRETARY OF DEFENSE ASSESSMENT OF INDEPENDENT 
                   COMMISSION TO REFORM FEDERAL ACQUISITION RULES.

       (a) Findings.--Congress makes the following findings:
       (1) There are 1,680 policy documents and 91 laws affecting 
     the Federal acquisition rules (FARs), with 30 new documents 
     added in 2011.
       (2) The Department of Defense has develop alternative 
     procedures, working groups, and organizations, such as the 
     Joint Improvised Explosive Device Defeat Organization 
     (JIEDDO), that essentially bypass current Federal acquisition 
     rules in order to rapidly field new weapons systems 
     critically needed by our warfighters.
       (3) In 2005, the Defense Acquisition Performance Assessment 
     (DAPA) panel found that problems in the defense acquisition 
     system were deeply embedded in many of its acquisition 
     management processes.
       (4) The General Services Administration (GSA), the National 
     Aeronautics and Space Administration (NASA), the Department 
     of Defense, and the Office of Management and Budget (OMB) met 
     in February 2011 to develop ``bold, new ways to improve the 
     product quality and timeliness of the FAR process'' and 
     ``called for a tune-up of the FARs''.
       (5) Despite attempts by Congress and other Federal 
     agencies, Federal acquisition rules remain complicated and 
     outdated, leading to increased procurement times and costs.
       (b) Assessment.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the other members of the Federal 
     Acquisition Regulatory Council, conduct an assessment the 
     feasibility and advisability of establishing an independent 
     commission to streamline and simplify current Federal 
     acquisition rules and guidance. The purpose of the commission 
     for purposes of the assessment shall be to reduce, 
     consolidate, and update all Federal acquisition rules in 
     order to create an acquisition system that is more cost 
     effective, efficient, and timely.
       (2) Elements.--The assessment required by this subsection 
     shall include, but not limited to, the following:
       (A) A comprehensive review of current Federal acquisition 
     rules affecting defense acquisition.
       (B) A consideration of the history, rationale and effects 
     of the proliferation of the documents, rules, and regulations 
     relating to the Federal acquisition process.
       (C) The impact of current Federal acquisition rules on open 
     competition, small business participation, and execution of 
     contracts.
       (D) The impact of current Federal acquisition rules on 
     warfighter access to the latest technologies and weapon 
     systems.
       (E) Such recommendations as the Secretary considers 
     appropriate regarding potential changes to documents, rules, 
     and procedures relating to the Federal acquisition process.
       (F) An assessment of the feasibility and advisability of 
     establishing an independent commission to reform the Federal 
     acquisition rules.
       (G) If such an independent commission is considered 
     feasible and advisable, such recommendation on the size, 
     composition, and duration of the commission as the Secretary 
     considers appropriate.
       (3) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report on the results of 
     the assessment required by this subsection.
                                 ______
                                 
  SA 1341. Mr. NELSON of Florida (for himself and Mr. Rubio submitted 
an amendment intended to be proposed to amendment SA 1243 submitted by 
Mr. Warner (for himself and Mr. Webb)

[[Page 18140]]

and intended to be proposed to the bill S. 1867, to authorize 
appropriations for fiscal year 2012 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of 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 1 of the amendment, beginning on line 2, strike 
     ``LIMITATION'' and all that follows through page 2, line 2, 
     and insert the following: ``SENSE OF CONGRESS ON IMPORTANCE 
     OF ESTABLISHING A HOMEPORT FOR A NUCLEAR-POWERED AIRCRAFT 
     CARRIER AT MAYPORT NAVAL STATION, FLORIDA.
       It is the sense of Congress that--
       (1) as mandated in the 2010 Quadrennial Defense Review, in 
     order to mitigate the risk of a terrorist attack, accident, 
     or natural disaster, the United States Navy will homeport an 
     East Coast carrier in Mayport, Florida;
       (2) numerous studies have affirmed what the Navy has 
     maintained all along, that dispersing our capital ships is in 
     our best national security interest;
       (3) this decision has been supported by the past four 
     Chiefs of Naval Operations, and both President George W. Bush 
     and President Barack Obama;
       (4) during this time of fiscal austerity, the case for 
     strategic dispersal has been strengthened by the recent 
     Government Accountability Office report that states that the 
     total one-time cost of homeporting a nuclear-powered aircraft 
     carrier at Naval Station Mayport is expected to be between 
     $258,700,000 and $356,000,000, which is well below the Navy's 
     estimate of the one-time cost as $537,600,000;
       (5) the infrastructure improvements necessary to ready 
     Mayport for a carrier move in 2019 are purposefully spread 
     out over the next five years in order to mitigate the impact 
     on the Navy's budget in any given year; and
       (6) dispersing the East Coast carrier fleet is a national 
     security priority, and the infrastructure improvements 
     necessary to achieve this goal are vital to the defense of 
     our Nation.
                                 ______
                                 
  SA 1342. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill H.R. 2354, making appropriations for energy and water 
development and related agencies for the fiscal year ending September 
30, 2012, and for other purposes; which was ordered to lie on the 
table; as follows:

       In the matter under the heading ``operation and 
     maintenance'' under the heading ``Corp of Engineers--Civil'' 
     under the heading ``CORP OF ENGINEERS--CIVIL, DEPARTMENT OF 
     THE ARMY'', strike ``such fees have been collected'' and all 
     that follows through the matter under the heading 
     ``regulatory program'' and insert the following:

     such fees have been collected;  Provided, That no funds shall 
     be made available to carry out a project for the dredging of 
     small ports unless the project complies with a tonnage 
     requirement of a minimum of 500,000 tons, which shall be 
     calculated by each relevant port authority and submitted to 
     the Corps of Engineers.

                           regulatory program

       None of the funds made available by this Act may be used to 
     enforce laws pertaining to regulation of navigable waters and 
     wetlands:  Provided, That $64,333,333 shall be deposited in 
     the Harbor Maintenance Trust Fund established by section 9505 
     of the Internal Revenue Code of 1954:  Provided further, That 
     $128,666,667 shall be deposited in the Treasury and used for 
     Federal budget deficit reduction or, if there is no Federal 
     budget deficit, for reducing the Federal debt in such manner 
     as the Secretary of the Treasury considers appropriate.

       At the appropriate place, add the following:

     SEC. __.

       There is appropriated, out of any funds in the Treasury not 
     otherwise appropriated, for the highway bridge program 
     established under section 144 of title 23, United States 
     Code, $238,000,000, to remain available until expended, which 
     shall be derived by transfer from amounts made available 
     under the heading under the heading ``Title 17 Innovative 
     Technology Loan Guarantee Program'' under the heading 
     ``DEPARTMENT OF ENERGY, ENERGY PROGRAMS'', so that the total 
     amount available under the heading ``Title 17 Innovative 
     Technology Loan Guarantee Program'' is $0.
                                 ______
                                 
  SA 1343. Mr. WICKER (for himself, Mr. Boozman, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2354, making appropriations for energy and water development and 
related agencies for the fiscal year ending September 30, 2012, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:
       Sec. 5__.  None of the funds made available by this Act for 
     fiscal year 2012 may be obligated or expended to implement or 
     use green building rating standards unless the standards--
       (1)(A) are developed in accordance with rules accredited by 
     the American National Standards Institute; and
       (B) are approved as American National Standards; or
       (2) incorporate and document the use of lifecycle 
     assessment in the evaluation of building materials.

                          ____________________