[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[Senate]
[Pages 18321-18330]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1418. 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. 1088. SENSE OF SENATE ON EQUINE-ASSISTED THERAPY FOR 
                   WOUNDED WARRIORS AND VETERANS.

       (a) Findings.--The Senate makes the following findings:
       (1) The bonds that exist between humans and animals can be 
     a beneficial foundation for recovery from wounds, illness, 
     and injury.

[[Page 18322]]

       (2) Equine-assisted therapy may contribute beneficially to 
     the rehabilitation of wounded warriors and veterans through 
     physical stimulation and strengthening, improved cognitive 
     focus, mental awareness, fitness, and self-esteem.
       (3) In 2005, the 1st Cavalry Division at Fort Hood, Texas, 
     conducted a pilot program on equine-assisted therapy for 
     wounded warriors at the Brooke Army Medical Center, San 
     Antonio, Texas.
       (4) The Caisson Platoon Equine-Assisted Therapy Program at 
     Fort Myer, Virginia, which is inspired and sustained by 
     former members of the Armed Forces and volunteers, has been 
     providing equine-assisted therapy for wounded warriors 
     undergoing rehabilitation and treatment at the Walter Reed 
     Army Medical Center and veterans since 2006, with the support 
     of horses and members of the Armed Forces serving in the 1st 
     Battalion, 3rd United States Infantry Regiment, known as the 
     ``Old Guard''.
       (5) The Department of Veterans Affairs has recognized the 
     importance and benefits of equine-assisted therapy since 
     2007, and currently more than 30 Department of Veterans 
     Affairs medical centers across the country participate in 
     programs providing such therapy.
       (6) In Texas alone there are currently six collaborative 
     programs of equine-assisted therapy involving the Department 
     of Defense and the Department of Veterans Affairs: Rock 
     Program in Georgetown, Texas, Horseshoes of Hope in Bonham, 
     Texas, Panther Creek Inspiration Ranch in Spring, Texas, SIRE 
     Therapeutic Riding Centers in Houston, Texas, Spirithorse 
     Therapeutic Riding Center in Corinth, Texas, and Stajduhar 
     Stables in Colleyville, Texas.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) to express gratitude for the work of all the members of 
     the Armed Forces, veterans, and volunteers who devote time 
     and effort under equine-assisted therapy programs to assist 
     wounded warriors and veterans in recovering from injuries 
     incurred in service to their country;
       (2) to urge the Secretary of Defense to develop a plan for 
     increasing access to equine-assisted therapy for wounded 
     warriors and veterans outside the National Capital Region for 
     whom such therapy could be beneficial in order to assist such 
     wounded warriors and veterans in physical, mental, emotional 
     and cognitive healing, including through collaboration 
     between and among organizations of the Department of Defense 
     for health, quality of life, and wounded warrior support, the 
     Department of Veterans Affairs, and non-governmental 
     organizations that have evaluated the effects of equine-
     assisted therapies in improving health and quality of life of 
     wounded warriors and veterans; and
       (3) to urge the Secretary to evaluate opportunities for 
     research by public and private sector organizations on the 
     benefits of equine-assisted therapy for wounded warriors and 
     veterans.
                                 ______
                                 
  SA 1419. 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 II, add the following:

     SEC. 215. JOINT SURVEILLANCE TARGET ATTACK RADAR SYSTEM.

       Within amounts authorized to be appropriated by section 201 
     and available for research, development, test, and evaluation 
     for the Air Force as specified in the funding table in 
     section 4201--
       (1) the amount available for the Joint Surveillance Target 
     Attack Radar System (JSTARS), Program Element 27581F, is 
     hereby increased by $33,000,000; and
       (2) the amount available for the National Polar-Orbiting 
     Operational Environmental Satellite System (NPOESS), Program 
     Element 35178F, is hereby decreased by $33,000,000.
                                 ______
                                 
  SA 1420. 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 G of title X, add the following:

     SEC. 1080. REPORT ON RELOCATION OF GOVERNMENT STATIONS FROM 
                   THE 1755-1780 MHZ BAND.

       (a) In General.--Not later than June 30, 2012, the 
     Secretary of Defense shall, in consultation with the National 
     Telecommunications and Information Administration, submit to 
     the appropriate committees of Congress a report on the 
     relocation of all Government stations currently in the 1755-
     1780 MHz band from that band to other bands in which 
     Government stations operate with primary status.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) An identification of the bands of electromagnetic 
     spectrum that currently contain Government stations capable 
     of sharing frequencies with Government stations currently in 
     the 1755-1780 MHz band.
       (2) An identification of the bands, whether on a national 
     or smaller geographic basis, that currently possess 
     unoccupied or under-utilized frequencies on which relocated 
     Government stations could operate with at least the same 
     level of interference protection with which they currently 
     operate.
       (3) An identification of the bands currently containing 
     Government stations that could utilize more spectrally 
     efficient technologies to accommodate the relocation of 
     Government stations from the 1755-1780 MHz band.
       (4) An estimate of the costs of relocating Government 
     stations from the 1755-1780 MHz band to bands identified 
     under paragraphs (1) through (3) on a expedited basis.
       (5) An assessment of the minimum amount of time required to 
     so relocate such stations on an expedited basis.
       (6) An assessment of the feasibility and advisability of 
     providing the services currently provided to Federal agencies 
     in the 1755-1780 MHz band through commercial services or 
     other Government stations in lieu of the relocation of 
     Government stations currently in the 1755-1780 MHz band for 
     that purpose.
       (7) An assessment, based upon the analysis required for 
     purposes of paragraphs (1), (2), and (3), whether Government 
     stations relocated from the 1755-1780 MHz band would operate 
     with at least the same level of interference protection with 
     which they currently operate, and an identification and 
     assessment of the operational risk associated with the 
     relocation from the 1755-1780 MHz band of each Government 
     station currently in that band.
       (c) Form.--The report required by subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (d) Costs.--The expenses associated with conducting the 
     study required for the report required by subsection (a) 
     shall be considered relocation costs in accordance with 
     section 113(g)(3) of the National Telecommunications and 
     Information Administration Act (47 U.S.C. 923(g)(3)), and 
     eligible Federal entities that incur expenses associated with 
     such study may seek reimbursement for such expenses pursuant 
     to section 118 of such Act (47 U.S.C. 928).
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, and the Select 
     Committee on Intelligence of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Energy and Commerce, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 1421. Mr. KYL 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 CONGRESS ON PROTECTION OF CRITICAL 
                   COMPONENTS OF THE UNITED STATES ELECTRIC POWER 
                   GRID FROM ELECTROMAGNETIC PULSE EVENTS.

       (a) Findings.--Congress makes the following findings:
       (1) The United States Government has a primary 
     responsibility to provide for the common defense and general 
     welfare of the United States.
       (2) The society, economy, and national security apparatus 
     of the United States are critically dependent upon the 
     availability of electricity.
       (3) A continuing supply of electricity is necessary for 
     sustaining water supplies, production and distribution of 
     food, fuel, communications, financial services, and other 
     very significant elements of the United States economy.
       (4) Contemporary United States society is not structured, 
     nor does it have the means, to provide for the needs of 
     nearly 300,000,000 Americans without electricity.
       (5) Because the existing United States electrical power 
     grid operates at or near its physical capacity, relatively 
     modest damage to the grid could cause functional collapse.
       (6) Electromagnetic pulse (EMP) is a threat to the overall 
     electrical power system of the United States.
       (7) A major electromagnetic pulse event could couple 
     ultimately unmanageable currents and voltages into an 
     electric power grid routinely operated with little margin and 
     cause the collapse of large portions of the United States 
     electric power grid for a substantial length of time.

[[Page 18323]]

       (8) The current strategy for recovery from an 
     electromagnetic pulse event leaves the United States ill-
     prepared to respond effectively, resulting in potential 
     damage to vast numbers of electric components over an 
     unprecedented geographic scale.
       (9) A collapse of large portions of the United States 
     electric power grid will result in significant periods of 
     power-outage, and restoration from collapse or loss of 
     significant portions of the system may be exceedingly 
     difficult.
       (10) If the United States electric power grid is lost for 
     any substantial period of time, the consequences are 
     potentially catastrophic to civilian society.
       (11) Electromagnetic pulse occurs both naturally, such as 
     geomagnetic storms, and via manmade causes, such as the high-
     altitude detonation of a nuclear device.
       (12) The International Atomic Energy Agency released a 
     report in November 2011 that cites concerns over nuclear 
     weapons-related developments in Iran.
       (13) A perceived vulnerability of the United States 
     electric power grid to electromagnetic pulse could invite a 
     potential enemy to attempt an electromagnetic pulse attack.
       (14) The Department of Defense relies upon civilian sources 
     outside Department installations for ninety-nine percent of 
     electricity needs.
       (15) Eighty-five percent of the electricity supply for the 
     Department is outside of Department control.
       (16) There is deep concern regarding the negative impacts 
     on the United States electric power infrastructure and 
     Department interests from an electromagnetic pulse event 
     unless practical steps are taken to provide protection for 
     critical elements of the United States electric power grid.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is in the national interest of the United States to 
     immediately address vulnerabilities to its electric power 
     grid from natural and manmade electromagnetic pulse events, 
     particularly by engaging in efforts to ensure that the United 
     States electric power grid, especially portions of the grid 
     critical to national security, are protected from natural or 
     manmade electromagnetic pulse; and
       (2) the Department of Defense should ascertain which of its 
     critical sources of electricity are not protected against 
     interruptions from natural or manmade electromagnetic pulse 
     and develop and implement a plan to remedy any such 
     vulnerabilities.
                                 ______
                                 
  SA 1422. Mr. LAUTENBERG (for himself and 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 C of title XII, add the following:

     SEC. 1243. EXTENSION OF CERTAIN AUTHORITIES RELATING TO 
                   REFUGEES.

       The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1990 (Public Law 101-167) is 
     amended as follows:
       (1) In section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2011'' and 
     inserting ``2011, and 2102''; and
       (B) in subsection (e), by striking ``June 1, 2011'' each 
     place it appears and inserting ``October 1, 2012''.
       (2) In section 599E(b)(2) (8 U.S.C. 1255 note), by striking 
     ``2011'' and inserting ``2012''.
                                 ______
                                 
  SA 1423. Mr. DURBIN (for himself and Mr. Kirk, Mr. Harkin, and Mr. 
Grassley) 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 90, beginning on line 14, strike ``not more than 15 
     contracts or cooperative agreements'' and insert ``not more 
     than 5 contracts or cooperative agreements per Army 
     industrial facility''.
                                 ______
                                 
  SA 1424. Mrs. GILLIBRAND (for herself and Ms. Collins) 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, insert the following:

     SEC. 1088. FEDERAL INTERNSHIP PROGRAMS.

       (a) In General.--Subchapter I of chapter 31 of title 5, 
     United States Code, is amended by inserting after section 
     3111 the following:

     ``Sec. 3111a. Federal internship programs

       ``(a) Definitions.--In this section--
       ``(1) the term `agency' means an Executive agency;
       ``(2) the term `intern' means an individual participating 
     in an internship program; and
       ``(3) the term `internship program' means--
       ``(A) a volunteer service program under section 3111(b);
       ``(B) an internship program established under Executive 
     Order 13562 of December 27, 2010 (75 Federal Register 82585);
       ``(C) a program operated by a nongovernment organization 
     for the purpose of providing paid internships in agencies 
     under a written agreement that is similar to an internship 
     program established under Executive Order 13562 of December 
     27, 2010 (75 Federal Register 82585); or
       ``(D) a program that--
       ``(i) is similar to an internship program established under 
     Executive Order 13562 of December 27, 2010 (75 Federal 
     Register 82585); and
       ``(ii) is authorized under another statutory provision of 
     law.
       ``(b) Internship Coordinator.--The head of each agency 
     operating an internship program shall appoint an individual 
     within that agency to serve as an internship coordinator.
       ``(c) Online Information.--
       ``(1) Agencies.--The Office of Personnel Management shall 
     make publicly available on the Internet--
       ``(A) the name and contact information of the internship 
     coordinator for each agency; and
       ``(B) information regarding application procedures and 
     deadlines for each internship program.
       ``(2) Office of personnel management.--The Office of 
     Personnel Management shall make publicly available on the 
     Internet links to the websites where the information 
     described in paragraph (1) is displayed.
       ``(d) Centralized Database.--The Office shall establish and 
     maintain a centralized electronic database that contains the 
     names, contact information, and relevant skills of 
     individuals who have completed or are nearing completion of 
     an internship program and are currently seeking full-time 
     Federal employment.
       ``(e) Exit Interview Requirement.--The agency operating an 
     internship program shall conduct an exit interview, and 
     administer a survey (which shall be in conformance with any 
     guidelines or requirements as the Office shall establish to 
     ensure uniformity across agencies), with each intern who 
     completes that program.
       ``(f) Report.--
       ``(1) In general.--The head of each agency operating an 
     internship program shall annually submit to the Office a 
     report assessing that internship program.
       ``(2) Contents.--Each report required under paragraph (1) 
     for an agency shall include, for the 1-year period ending on 
     September 1 of the year in which the report is submitted--
       ``(A) the number of interns who participated in an 
     internship program at that agency;
       ``(B) information regarding the demographic characteristics 
     of interns at that agency, including educational background;
       ``(C) a description of the steps taken by that agency to 
     increase the percentage of interns who are offered permanent 
     Federal jobs and the percentage of interns who accept the 
     offers of those jobs, and any barriers encountered;
       ``(D) a description of activities engaged in by that agency 
     to recruit new interns, including locations and methods;
       ``(E) a description of the diversity of work roles offered 
     within internship programs at that agency;
       ``(F) a description of the mentorship portion of those 
     internship programs; and
       ``(G) a summary of exit interviews conducted and surveys 
     administered by that agency with respect to interns upon 
     their completion of an internship program at that agency.
       ``(3) Submission.--Each report required under paragraph (1) 
     shall be submitted to the Office between September 1 and 
     September 30 of each year. Not later than December 30 of each 
     year, the Office shall submit to Congress a report 
     summarizing the information submitted to the Office in 
     accordance with paragraph (1) for that year.
       ``(g) Regulations.--The Office of Personnel Management may 
     prescribe regulations to carry out this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 31 of title 5, United States Code, is 
     amended by inserting after the item relating to section 3111 
     the following:

``3111a. Federal internship programs.''.
                                 ______
                                 
  SA 1425. 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,

[[Page 18324]]

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 221, between lines 6 and 7, insert the following:
       (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 1426. Mr. DeMINT 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:
       Sec. __.  The United States Executive Director of the 
     International Monetary Fund shall use the voice and vote of 
     the United States to oppose--
       (1) any increase in the quota of the United States in the 
     Fund for any purpose; and
       (2) the use of contributions of the United States to the 
     Fund to provide funding for the European Financial Stability 
     Facility or any program related to the Facility.
                                 ______
                                 
  SA 1427. Mr. TOOMEY 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:

     SEC. 848. DEADLINE FOR RECOMPETITION ON CONTRACTS PURSUANT TO 
                   A GOVERNMENT ACCOUNTABILITY OFFICE OPINION TO 
                   AMEND OR REISSUE A REQUEST FOR PROPOSALS.

       Whenever the Department of Defense undertakes a 
     recompetition for the award of a contract pursuant to an 
     opinion of the Government Accountability Office requiring an 
     amendment or reissuance of a request for proposals in 
     connection with such contract, the Department shall--
       (1) commence the recompetition not later than 120 days 
     after the date of the issuance of the opinion; or
       (2) if the Department cannot commence the recompetition 
     within the time provided for under paragraph (1), publish in 
     the Federal Register a notice explaining why the Department 
     cannot commence the recompetition within that time and 
     identifying when the recompetition will commence.
                                 ______
                                 
  SA 1428. Mr. TOOMEY 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:

     SEC. 848. INCLUSION OF INFORMATION ON COMMON GROUNDS FOR 
                   SUSTAINING BID PROTESTS IN ANNUAL GOVERNMENT 
                   ACCOUNTABILITY OFFICE REPORTS TO CONGRESS.

       The Comptroller General of the United States shall include 
     in the annual report to Congress on the Government 
     Accountability Office each year a list of the most common 
     grounds for sustaining protests relating to bids for 
     contracts during such year.
                                 ______
                                 
  SA 1429. Mr. TOOMEY 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. ___. COMPREHENSIVE POLICY ON REPORTING AND TRACKING 
                   SEXUAL ASSAULT INCIDENTS AND OTHER SAFETY 
                   INCIDENTS.

       (a) Policy.--Subchapter I of chapter 17 of title 38, United 
     States Code, is amended by adding at the end the following:

     ``Sec. 1709. Comprehensive policy on reporting and tracking 
       sexual assault incidents and other safety incidents

       ``(a) Policy Required.--Not later than February 1, 2012, 
     the Secretary shall develop and implement a centralized and 
     comprehensive policy on the reporting and tracking of sexual 
     assault incidents and other safety incidents that occur at 
     each medical facility of the Department, including the 
     following:
       ``(1) Suspected, alleged, attempted, or confirmed cases of 
     sexual assault, regardless of whether such assaults lead to 
     prosecution or conviction.
       ``(2) Criminal and purposefully unsafe acts.
       ``(3) Alcohol or substance abuse related acts (including by 
     employees of the Department).
       ``(4) Any kind of event involving alleged or suspected 
     abuse of a patient.
       ``(b) Scope.--The policy required by subsection (a) shall 
     cover each of the following:
       ``(1) For purposes of reporting and tracking sexual assault 
     incidents and other safety incidents, definitions of the 
     terms--
       ``(A) `safety incident';
       ``(B) `sexual assault'; and
       ``(C) `sexual assault incident'.
       ``(2) The development and use of specific risk-assessment 
     tools to examine any risks related to sexual assault that a 
     veteran may pose while being treated at a medical facility of 
     the Department, including clear and consistent guidance on 
     the collection of information related to--
       ``(A) the legal history of the veteran; and
       ``(B) the medical record of the veteran.
       ``(3) The mandatory training of employees of the Department 
     on security issues, including awareness, preparedness, 
     precautions, and police assistance.
       ``(4) The mandatory implementation, use, and regular 
     testing of appropriate physical security precautions and 
     equipment, including surveillance camera systems, computer-
     based panic alarm systems, stationary panic alarms, and 
     electronic portable personal panic alarms.
       ``(5) Clear, consistent, and comprehensive criteria and 
     guidance with respect to an employee of the Department 
     communicating and reporting sexual assault incidents and 
     other safety incidents to--
       ``(A) supervisory personnel of the employee at--
       ``(i) a medical facility of the Department;
       ``(ii) an office of a Veterans Integrated Service Network; 
     and
       ``(iii) the central office of the Veterans Health 
     Administration; and
       ``(B) a law enforcement official of the Department.
       ``(6) Clear and consistent criteria and guidelines with 
     respect to an employee of the Department referring and 
     reporting to the Office of Inspector General of the 
     Department sexual assault incidents and other safety 
     incidents that meet the regulatory criminal threshold in 
     accordance with sections 1.201 and 1.204 of title 38, Code of 
     Federal Regulations (or any successor regulations).
       ``(7) An accountable oversight system within the Veterans 
     Health Administration that includes--
       ``(A) systematic information sharing of reported sexual 
     assault incidents and other safety incidents among officials 
     of the Administration who have programmatic responsibility; 
     and
       ``(B) a centralized reporting, tracking, and monitoring 
     system for such incidents.
       ``(8) Consistent procedures and systems for law enforcement 
     officials of the Department with respect to investigating, 
     tracking, and closing reported sexual assault incidents and 
     other safety incidents.
       ``(9) Clear and consistent guidance for the clinical 
     management of the treatment of sexual assaults that are 
     reported more than 72 hours after the assault.
       ``(c) Updates to Policy.--The Secretary shall review and 
     revise the policy required by subsection (a) on a periodic 
     basis as the Secretary considers appropriate and in 
     accordance with best practices.
       ``(d) Annual Report.--(1) Not later than 60 days after the 
     date on which the Secretary develops the policy required by 
     subsection (a), and by not later than January 1 of each year 
     thereafter, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the implementation of the policy during the preceding fiscal 
     year.
       ``(2) Each report required by paragraph (1) shall include, 
     for the fiscal year covered by such report, the following:
       ``(A) The number and type of sexual assault incidents and 
     other safety incidents reported by each medical facility of 
     the Department.
       ``(B) A detailed description of the implementation of the 
     policy required by subsection (a), including any revisions 
     made to such policy from the previous year.
       ``(C) The effectiveness of such policy on improving the 
     safety and security of the medical facilities of the 
     Department, including the performance measures used to 
     evaluate such effectiveness.
       ``(e) Regulations.--The Secretary shall prescribe 
     regulations to carry out this section.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is

[[Page 18325]]

     amended by adding after the item relating to section 1708 the 
     following:

``1709. Comprehensive policy on reporting and tracking of sexual 
              assault incidents and other safety incidents.''.

       (c) Interim Report.--Not later than 30 days after the date 
     of the enactment of this Act, the Secretary of Veterans 
     Affairs shall submit to the Committee on Veterans' Affairs of 
     the Senate and the Committee on Veterans' Affairs of the 
     House of Representatives a report on the development of the 
     performance measures described in section 1709(d)(2)(C) of 
     title 38, United States Code, as added by subsection (a).
       (d) Repeal of Requirement for Annual Reports on Staffing 
     for Nurses at Department of Veterans Affairs Health-care 
     Facilities.--Section 7451(e) of title 38, United States Code, 
     is amended by striking paragraphs (4), (5), and (6).
                                 ______
                                 
  SA 1430. Mrs. McCASKILL 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 XII, add the following:

     SEC. 1230. AVAILABILITY OF AMOUNTS AUTHORIZED TO BE 
                   APPROPRIATED FOR CAPITAL PROJECTS IN 
                   AFGHANISTAN AND IRAQ FOR TRANSPORTATION 
                   INFRASTRUCTURE PROJECTS IN THE UNITED STATES.

       (a) Prohibition on Use of Covered Funds for Capital 
     Projects in Afghanistan and Iraq.--
       (1) In general.--Except as provided in paragraph (2), no 
     covered funds may be obligated or expended on or after the 
     date of the enactment of this Act to carry out any capital 
     project for the benefit of the host country in Afghanistan or 
     Iraq.
       (2) Exception.--The prohibition in paragraph (1) does not 
     apply to a capital project the cost of which does not exceed 
     $50,000.
       (b) Authorization of Appropriations for Transportation 
     Infrastructure Projects in the United States.--There is 
     authorized to be appropriated to the Secretary of 
     Transportation for transportation infrastructure projects in 
     the United States for each fiscal year after fiscal year 2011 
     an amount that the Secretary of the Treasury, in consultation 
     with the Secretary of Defense, determines to be equivalent to 
     the amount of covered funds that would have been expended to 
     carry out capital projects in Afghanistan and Iraq in that 
     fiscal year but for the prohibition in subsection (a)(1).
       (c) Definitions.--In this section:
       (1) Capital project.--The term ``capital project'' has the 
     meaning given the term in section 308 of the Aid, Trade, and 
     Competitiveness Act of 1992 (title III of Public Law 102-549; 
     22 U.S.C. 2421e; 106 Stat. 3660).
       (2) Covered funds.--The term ``covered funds'' means the 
     following:
       (A) Amounts authorized to be appropriated for the 
     Afghanistan Infrastructure Fund.
       (B) Amounts authorized to be appropriated for the 
     Commanders' Emergency Response Program.
       (C) Any other amounts authorized to be appropriated for the 
     Department of Defense that are made available for a capital 
     project.
                                 ______
                                 
  SA 1431. Mrs. McCASKILL 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. RESTRICTING THE USE OF SOLE SOURCE CONTRACTING FOR 
                   ALASKA NATIVE CORPORATIONS.

       Section 8(a)(16) of the Small Business Act (15 U.S.C. 
     637(a)(16)) is amended--
       (1) in subparagraph (A), by striking ``The'' and inserting 
     ``Except as provided in subparagraph (C), the''; and
       (2) by adding at the end the following:
       ``(C) Alaska native corporations.--
       ``(i) Definition.--In this subparagraph, the term 
     `appropriate official' means, with respect to a sole source 
     contract, the official who would be required to approve a 
     justification for the sole source contract under section 
     3304(e)(1)(B) of title 41, United States Code, if a 
     justification were required for the sole source contract 
     under such section 3304.
       ``(ii) Prohibition.--The Administrator may not award a sole 
     source contract under this section to a Program Participant 
     that is an Alaska Native Corporation or a subsidiary of an 
     Alaska Native Corporation in an amount exceeding $4,000,000, 
     if the sole source contract is for the procurement of 
     services, or $6,500,000 if the sole source contract is for 
     the procurement of property, unless--

       ``(I) the contracting officer for the contract justifies 
     the use of a sole source contract in writing;
       ``(II) the justification includes a determination that the 
     sole source contract is in the best interest of the procuring 
     agency;
       ``(III) the justification is approved by the appropriate 
     official of the procuring agency; and
       ``(IV) the justification and related information are made 
     public as provided in subsection (e)(1)(C) or subsection (f) 
     of section 3304 of title 41, United States Code, as 
     applicable.''.

                                 ______
                                 
  SA 1432. Mrs. McCASKILL 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. RESTRICTING CONTRACTING FOR ALASKA NATIVE 
                   CORPORATIONS.

       Section 8(a) of the Small Business Act (15 U.S.C. 
     637(a)(16)) is amended by adding at the end the following:
       ``(22) Alaska Native Corporations.--
       ``(A) Definition.--In this paragraph, the term `appropriate 
     official' means, with respect to a contract, the official who 
     would be required to approve a justification for the contract 
     under section 3304(e)(1)(B) of title 41, United States Code, 
     if a justification were required for the contract under such 
     section 3304.
       ``(B) Prohibition.--The Administrator may not award a 
     contract under this section to a Program Participant that is 
     an Alaska Native Corporation or a subsidiary of an Alaska 
     Native Corporation unless--
       ``(i)(I) the Program Participant certifies in writing to 
     the Administrator that not less than 35 percent of the 
     employees of the Program Participant who are engaged in 
     performing the contract are Natives, as defined in section 
     3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(b)); or
       ``(II) the Administrator determines that not less than 35 
     percent of the employees of the Program Participant who are 
     engaged in performing the contract are Natives, as defined in 
     section 3(b) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602(b)), based on--
       ``(aa) information submitted to the Administrator by the 
     Program Participant; or
       ``(bb) certification procedures established by the 
     Administrator by regulation;
       ``(ii) the contracting officer for the contract justifies 
     the contract in writing;
       ``(iii) the justification includes a determination that the 
     contract is in the best interest of the procuring agency;
       ``(iv) the justification is approved by the appropriate 
     official of the procuring agency; and
       ``(v) the justification and related information are made 
     public as provided in subsection (e)(1)(C) or subsection (f) 
     of section 3304 of title 41, United States Code, as 
     applicable.''.
                                 ______
                                 
  SA 1433. Mr. FRANKEN 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 1031.
                                 ______
                                 
  SA 1434. Mr. FRANKEN 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 1032.
                                 ______
                                 
  SA 1435. Mr. LEAHY (for himself and Mr. Kyl) 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:

[[Page 18326]]



     SECTION 1088. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY 
                   PROVISIONS OF TITLE 18.

       Chapter 44 of title 18, United States Code, is amended--
       (1) in section 926B--
       (A) in subsection (c)(1), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest'';
       (B) in subsection (d), by striking ``as a law enforcement 
     officer'' and inserting ``that identifies the employee as a 
     police officer or law enforcement officer of the agency''; 
     and
       (C) in subsection (f), by inserting ``or apprehension under 
     section 807(b) of title 10, United States Code (article 7(b) 
     of the Uniform Code of Military Justice)'' after ``arrest''; 
     and
       (2) in section 926C--
       (A) in subsection (c)(2), by inserting ``or apprehension 
     under section 807(b) of title 10, United States Code (article 
     7(b) of the Uniform Code of Military Justice)'' after 
     ``arrest''; and
       (B) in subsection (d)--
       (i) in paragraph (1), by striking ``that indicates'' and 
     inserting ``that identifies the person as having been 
     employed as a police officer or law enforcement officer and 
     indicates''; and
       (ii) in paragraph (2)(A), by inserting ``that identifies 
     the person as having been employed as a police officer or law 
     enforcement officer'' after ``officer''.
                                 ______
                                 
  SA 1436. 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 E of title III, add the following:

     SEC. 346. HAZARD ASSESSMENTS RELATED TO NEW CONSTRUCTION OF 
                   OBSTRUCTIONS ON MILITARY INSTALLATIONS.

       Section 358 of the Ike Skelton National Defense 
     Authorization Act for Fiscal Year 2011 (Public Law 111-383; 
     124 Stat. 4201; 49 U.S.C. 44718 note) is amended--
       (1) in subsection (e)--
       (A) by redesignating paragraphs (2), (3), and (4) as 
     paragraph (3), (4), and (5), respectively;
       (B) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Elements of hazard assessment.--Each hazard 
     assessment shall, at a minimum, include--
       ``(A) an analysis of--
       ``(i) the electromagnetic interference that the proposed 
     project would cause for any military installation, military-
     owned or military-operated air traffic control radar site, 
     navigation aid, and approach systems;
       ``(ii) any other adverse impacts of the proposed project on 
     military operations, safety, and readiness, including adverse 
     effects to instrument or visual flight operations; and
       ``(iii) what alterations could be made to the proposed 
     project, including its location and physical proximity to the 
     affected military installation, military-owned or military-
     operated air traffic control radar site, or navigation aid, 
     to sufficiently mitigate any adverse impacts described under 
     clauses (i) and (ii);
       ``(B) a determination as to whether the proposed project 
     will have any adverse aeronautical effects, as described in 
     clauses (i) and (ii) of subparagraph (A), or other 
     significant military operational impacts; and
       ``(C) a written recommendation from the Chief of Staff of 
     the Armed Force that has primary responsibility for the 
     affected military installation, military-owned or military-
     operated air traffic control radar site, or navigation aid 
     whether or not to object to the proposed project.'';
       (C) in paragraph (4), as redesignated by subparagraph (A), 
     by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)''; and
       (D) in paragraph (5), as redesignated by such subparagraph, 
     by striking ``paragraph (2)'' and inserting ``paragraph 
     (3)''; and
       (2) in subsection (j), by adding at the end the following 
     new paragraph:
       ``(4) The term `unacceptable risk to the national security 
     of the United States' includes any significant adverse 
     aeronautical effects, such as electromagnetic interference 
     with the affected military installation, military-owned or 
     military-operated air traffic control radar site, navigation 
     aid, and approach systems, as well as any other significant 
     adverse impacts on military operations, safety, and 
     readiness, such as adverse effects to instrument or visual 
     flight operations.''.
                                 ______
                                 
  SA 1437. Mr. CARPER (for himself, Mr. Coburn, and Mr. Brown of 
Massachusetts) 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 XV, add the following:

     SEC. 1535. REPORT ON MEANS OF REDUCING LATE FEES FOR LEASED 
                   SHIPPING CONTAINERS FOR SHIPPING ITEMS FOR THE 
                   DEPARTMENT OF DEFENSE FOR OVERSEAS CONTINGENCY 
                   OPERATIONS.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress a 
     plan setting forth actions to reduce or mitigate the late the 
     fees charged the Department of Defense in connection with 
     leased shipping containers used for the delivery of parts, 
     supplies, and other items for the Department for overseas 
     contingency operations.
                                 ______
                                 
  SA 1438. 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 E of title X, add the following:

     SEC. 1049. IMPROVEMENT OF COMBATANT COMMAND THEATER POSTURE 
                   PLANNING UNDER THE JOINT STRATEGIC CAPABILITIES 
                   PLAN.

       (a) In General.--The Secretary of Defense shall require the 
     Chairman of the Joint Chiefs of Staff to improve theater 
     posture planning for the combatant commands under the Joint 
     Strategic Capabilities Plan of the Department of Defense in a 
     manner that includes the matters specified in subsection (b).
       (b) Covered Matters.--The improvement of the Joint 
     Strategic Capabilities Plan required pursuant to subsection 
     (a) shall provide for the incorporation into the Joint 
     Strategic Capabilities Plan of the following:
       (1) A requirement that the theater posture plan for the 
     United States Pacific Command, the United States Africa 
     Command, the United States Southern Command, the United 
     States European Command, and the United States Central 
     Command each take into account the cost of operating and 
     maintaining existing installations and ensure estimates of 
     such costs in connection with future initiatives that would 
     alter the theater posture.
       (2) Guidance on the analysis by the combatant commands 
     referred to in paragraph (1) of the costs and benefits of 
     alternative courses of action when alterations to the theater 
     posture for the applicable command are considered.
       (3) A requirement that the commander of each combatant 
     command referred to in paragraph (1) develop a process 
     through which interagency perspectives are obtained 
     throughout the theater posture planning process and the 
     development of the theater posture plan by such combatant 
     command.
       (4) A requirement that the commander of each combatant 
     command referred to in paragraph (1) issue guidance to codify 
     the theater posture planning process of such combatant 
     command upon the incorporation into the Joint Strategic 
     Capabilities Plan of the matters specified in paragraphs (1) 
     through (3).
                                 ______
                                 
  SA 1439. 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:

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

     SEC. ___. MODIFICATION OF TOXIC SUBSTANCES CONTROL ACT 
                   DEFINITION.

       Section 3(2)(B) of the Toxic Substances Control Act (15 
     U.S.C. 2602(2)(B)) is amended--
       (1) in clause (v), by striking ``, and'' and inserting ``, 
     or any component of any such article including, without 
     limitation, shot, bullets and other projectiles, propellants, 
     and primers,'';
       (2) in clause (vi) by striking the period at the end and 
     inserting ``, and''; and
       (3) by inserting after clause (vi) the following:
       ``(vii) any sport fishing equipment (as such term is 
     defined in subparagraph (a) of section 4162 of the Internal 
     Revenue Code of 1986) the sale of which is subject to the tax 
     imposed by section 4161(a) of such Code (determined

[[Page 18327]]

     without regard to any exemptions from such tax as provided by 
     section 4162 or 4221 or any other provision of such Code), 
     and sport fishing equipment components.''.
                                 ______
                                 
  SA 1440. Mr. CARPER (for himself, Mr. Coburn, and Mr. Brown of 
Massachusetts) 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 X, add the following:

     SEC. 1005. DEPARTMENT OF DEFENSE COMPTROLLER REPORT ON MEANS 
                   OF PREVENTING AND RECOVERING DELINQUENT DEBTS 
                   TO THE DEPARTMENT OF DEFENSE.

       Not later than 120 days after the date of the enactment of 
     this Act, the Under Secretary of Defense (Comptroller) shall 
     submit to Congress a plan setting forth actions to prevent, 
     and to and recover, debts to the Department of Defense that 
     are delinquent. The plan shall include actions to prevent 
     debts to the Department from becoming delinquent, and to 
     ensure recovery of debts to the Department that become 
     delinquent.
                                 ______
                                 
  SA 1441. 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 $200,000,000.

     SEC. 2403. 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 $3,212,498,000, 
     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), $292,004,000.
       (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, $200,000,000.
       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 ``200,000''.
                                 ______
                                 
  SA 1442. 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 end of title XXVII, add the following:

     SEC. 2705. ENHANCED COMMISSARY STORES DEMONSTRATION 
                   AUTHORITY.

       (a) Authority To Operate Enhanced Commissary Stores.--
       (1) In general.--Subchapter II of chapter 147 of title 10, 
     United States Code, is amended by inserting after section 
     2488 the following new section:

     ``Sec. 2488a. Enhanced commissary stores

       ``(a) Authority To Operate.--The Defense Commissary Agency 
     may operate an enhanced commissary store at such military 
     installations as the Secretary of Defense considers to be 
     appropriate, in order to reduce the net costs of those stores 
     to the Federal Government and to enable their continued 
     operations as an element of the military pay and benefits 
     package.
       ``(b) Additional Categories of Merchandise.--(1) In 
     addition to selling items in the merchandise categories 
     specified in subsection (b) of section 2484 of this title in 
     the manner provided by such section, an enhanced commissary 
     store also may sell items in such other merchandise 
     categories (not covered by subsection (b) of section 2484 of 
     this title) as the Secretary of Defense may authorize.
       ``(2) Subsections (c) and (g) of section 2484 of this title 
     shall not apply with regard to the selection, or method of 
     sale, of merchandise in any merchandise category authorized 
     by the Secretary of Defense pursuant to paragraph (1) for 
     sale in, at, or by an enhanced commissary store.
       ``(c) Sales Price Establishment and Surcharge.--Subsections 
     (d) and (e) of section 2484 of this title shall not apply to 
     the pricing of merchandise in any merchandise category 
     authorized by the Secretary of Defense pursuant to paragraph 
     (1) for sale in, at, or by an enhanced commissary store. 
     Instead, the Secretary of Defense shall determine appropriate 
     prices for such merchandise sold in, at, or by an enhanced 
     commissary store.
       ``(d) Retention and Use of Portion of Proceeds.--(1) The 
     Secretary of Defense may retain amounts equal to the 
     difference between--
       ``(A) the retail price of merchandise in any merchandise 
     category authorized by the Secretary of Defense pursuant to 
     paragraph (1) for sale in, at, or by an enhanced commissary 
     store; and
       ``(B) the invoice cost of such beverages, products, or 
     merchandise.
       ``(2) The Secretary of Defense shall use amounts retained 
     under paragraph (1) for an enhanced commissary store to help 
     offset the operating costs of that enhanced commissary store.
       ``(e) Limitation.--The authority under this section is 
     subject to the limitation set forth in section 2705(b) of the 
     National Defense Authorization Act for Fiscal Year 2012.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 2488 the following new item:

``2488a. Enhanced commissary stores.''.

       (b) Temporary Limitation on Authority.--
       (1) Limited authority.--Until 180 days after submitting the 
     report required under paragraph (2), the Secretary of Defense 
     may exercise the authority provided under section 2488a of 
     title 10, United States Code, as added by subsection (a), 
     only at military installations within 20 miles of which fewer 
     than 500 active duty personnel are stationed.
       (2) Report on criteria for operation of enhanced commissary 
     stores.--Not later than 30 days after reissuance of 
     Department of Defense Instruction 1330.17 as in effect on the 
     date of the enactment of this Act, or the issuance of any 
     instruction on Armed Services Commissary Operations, the 
     Secretary of Defense shall submit a report to the 
     congressional defense committees specifying and justifying 
     the criteria to be used for determining locations at which 
     enhanced commissaries may be operated.
                                 ______
                                 
  SA 1443. Ms. COLLINS 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 C of title X, add the following:

     SEC. 1024. MODIFICATION OF FREQUENCY AND ELEMENTS OF THE 
                   LONG-RANGE PLAN FOR THE CONSTRUCTION OF NAVAL 
                   VESSELS.

       (a) Requirement for Biennial Submittal.--Subsection (a) of 
     section 231 of title 10, United States Code, is amended--
       (1) in the subsection heading, by striking ``Quadrennial'' 
     and inserting ``Biennial'';
       (2) by striking ``during each year in which the Secretary 
     of Defense submits a quadrennial defense review'' and 
     inserting ``in an even-numbered year''; and
       (3) by striking ``the quadrennial defense review'' and 
     inserting ``the most recent quadrennial defense review''.
       (b) Elements.--Such section is further amended--
       (1) in subsection (b), by adding at the end the following 
     new paragraph:
       ``(6) The retirement of naval vessels anticipated during 
     the fiscal year for which the plan is submitted, and during 
     the 10-fiscal year period beginning with the fiscal year for 
     which the plan is submitted, set forth by class of naval 
     vessel.''; and
       (2) in subsection (g), by adding at the end the following 
     new paragraph:
       ``(4) The term `construction schedule', for a given period, 
     includes the force levels anticipated during that period, and 
     the procurement rates for vessels anticipated to meet such 
     force levels, for each separate type of vessel, including 
     amphibious ships, combat logistics force (CLF) ships, and 
     support ships.''.
                                 ______
                                 
  SA 1444. Mr. KYL (for himself and Mr. Lugar) submitted an amendment 
intended to be proposed by him to the bill S. 1867, to authorize 
appropriations

[[Page 18328]]

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. UNITED STATES COMMITMENTS TO SAFETY, RELIABILITY, 
                   AND PERFORMANCE OF UNITED STATES NUCLEAR FORCES 
                   AND MODERNIZATION AND REPLACEMENT OF STRATEGIC 
                   NUCLEAR DELIVERY VEHICLES.

       (a) Safety, Reliability, and Performance of Nuclear 
     Forces.--
       (1) Statement of policy.--The United States is committed to 
     ensuring the safety, reliability, and performance of its 
     nuclear forces.
       (2) Sense of congress.--It is the sense of Congress that--
       (A) the United States is committed to proceeding with a 
     robust stockpile stewardship program, and to maintaining and 
     modernizing the nuclear weapons production capabilities and 
     capacities, that will ensure the safety, reliability, and 
     performance of the United States nuclear arsenal at the 
     levels set forth in the New START Treaty, and will meet 
     requirements for hedging against possible international 
     developments or technical problems, in conformance with 
     United States policies and to underpin deterrence;
       (B) to that end, the United States is committed to 
     maintaining United States nuclear weapons laboratories and 
     preserving the core nuclear weapons competencies therein; and
       (C) the United States is committed to providing the 
     resources needed to achieve these objectives, at a minimum at 
     the levels set forth in the President's 10-year plan provided 
     to Congress pursuant to section 1251 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 2549).
       (b) Sense of Congress on Modernization and Replacement of 
     United States Strategic Delivery Vehicles.--In accordance 
     with paragraph 1 of Article V of the New START Treaty, which 
     states, ``Subject to the provisions of this Treaty, 
     modernization and replacement of strategic offensive arms may 
     be carried out,'' is the sense of Congress that--
       (1) United States deterrence and flexibility is assured by 
     a robust triad of strategic delivery vehicles; and
       (2) 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.
       (c) New START Treaty Defined.--In this section, the term 
     ``New START Treaty'' means the Treaty between the United 
     States of America and the Russian Federation on Measures for 
     the Further Reduction and Limitation of Strategic Offensive 
     Arms, signed at Prague April 8, 2010, with Protocol, 
     including Annex on Inspection Activities to the Protocol, 
     Annex on Notifications to the Protocol, and Annex on 
     Telemetric Information to the Protocol (Treaty Document 111-
     5).
                                 ______
                                 
  SA 1445. 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:

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

     SEC. 316. REPORT ON DEPART OF DEFENSE ENERGY EFFICIENCY 
                   STANDARDS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     submit to the congressional defense committees a report on 
     the energy efficiency standards utilized by the Department of 
     Defense for military construction.
       (2) Contents of report.--The report shall include the 
     following elements:
       (A) A detailed cost benefit and return on investment 
     analysis for energy efficiency improvements and sustainable 
     design attributes achieved through Department of Defense 
     adoption of, or expenditure of funds on pursuing 
     certification under, the following green building rating 
     standards:
       (i) American Society of Heating, Refrigerating and Air-
     Conditioning Engineers (ASHRAE) standard 189.1 versus 90.1.
       (ii) Green Globes, with results itemized separately for 
     one, two, three, and four globe certification.
       (iii) Leadership in Energy and Environmental Design (LEED), 
     with results itemized separately for certified, silver, gold, 
     and platinum certification.
       (iv) International Code Council (ICC) 700 National Green 
     Building Standard, with results itemized separately for 
     bronze, silver, gold, and emerald.
       (B) An analysis of the extent to which any of the ratings 
     or standards described in subparagraph (A) create a 
     competitive disadvantage for United States-produced products.
       (C) An analysis of how the standards described in 
     subparagraph (A) meet the following criteria:
       (i) The rating standards are developed in accordance with 
     rules accredited by the American National Standards Institute 
     (ANSI) and are approved as American National Standards.
       (ii) The rating standards incorporate and document the use 
     of Life Cycle Assessment in the evaluation of building 
     materials.
       (D) A copy of Department of Defense policy prescribing a 
     comprehensive strategy for the pursuit of design and building 
     standards across the Department that includes specific 
     energy-efficiency standards and sustainable design attributes 
     for military construction based on the cost benefit analyses 
     and demonstrated payback reported under subparagraphs (A), 
     (B), and (C).
       (b) Requirement to Use Certain Green Building Rating 
     Standards.--The Department of Defense shall only use green 
     building rating standards that--
       (1) are--
       (A) developed in accordance with rules accredited by the 
     American National Standards Institute (ANSI); and
       (B) approved as American National Standards; or
       (2) incorporate and document the use of Life-Cycle 
     Assessment in the evaluation of building materials.
                                 ______
                                 
  SA 1446. 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:

       Beginning on page 76, strike line 12 and all that follows 
     through page 80, line 18, and insert the following:
       (1) in subsection (b)--
       (A) by striking ``includes investment funds spent on depot 
     infrastructure, equipment, and process improvement in direct 
     support'' and inserting ``includes investment funds spent to 
     modernize or improve the efficiency of depot facilities, 
     equipment, or processes in direct support''; and
       (B) by adding at the end the following: ``It does not 
     include funds spent for any other repair or activity to 
     maintain or sustain existing facilities, infrastructure, or 
     equipment.''; and
       (2) in subsection (e)(1), by adding at the end the 
     following new subparagraphs:
       ``(I) Crane Ammunition Activity, Indiana.
       ``(J) McAlester Ammunition Plant, Oklahoma.
       ``(K) Radford Ammunition Plant, Virginia.
       ``(L) Lake City Ammunition Plant, Missouri.
       ``(M) Holsten Ammunition Plant, Tennessee.
       ``(N) Scranton Ammunition Plant, Pennsylvania.
       ``(O) Iowa Ammunition Plant, Iowa.
       ``(P) Milan Ammunition Plant, Tennessee.
       ``(Q) Joint System Manufacturing Center, Lima Ohio.''.

     SEC. 322. LIMITATION ON REVISING THE DEFINITION OF DEPOT-
                   LEVEL MAINTENANCE.

       (a) Limitation.--The Secretary of Defense or any of the 
     Secretaries of the military departments may not issue 
     guidance, regulations, policy, or revisions to any Department 
     of Defense or service instructions containing a revision to 
     the definition of depot-level maintenance unless the 
     Secretary submits to the congressional defense committees the 
     report described in subsection (b).
       (b) Report.--The report referred to in subsection (a) is a 
     report prepared by the Defense Business Board regarding the 
     advisability of establishing a single definition of depot-
     level maintenance.

     SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILITIES AS 
                   CENTERS OF INDUSTRIAL AND TECHNICAL EXCELLENCE.

       Section 2474(a)(1) of title 10, United States Code, is 
     amended by inserting ``and organically-managed and operated 
     military industrial facility'' after ``shall designate each 
     depot-level activity''.

     SEC. 324. REPORT ON DEPOT-LEVEL MAINTENANCE AND 
                   RECAPITALIZATION OF CERTAIN PARTS AND 
                   EQUIPMENT.

       (a) Report Required.--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.

[[Page 18329]]

       (b) Elements.--The report required under subsection (a) 
     shall include the following elements:
       (1) 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.
       (2) 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.
                                 ______
                                 
  SA 1447. Mr. COBURN 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 X, add the following:

     SEC. 1005. REPORT ON BALANCES CARRIED FORWARD BY THE 
                   DEPARTMENT OF DEFENSE AT THE END OF FISCAL YEAR 
                   2011.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of Defense shall submit to Congress, 
     and publish on the Internet website of the Department of 
     Defense available to the public, the following:
       (2) The total dollar amount by account of all unobligated 
     balances specifying those accounts carried forward by the 
     Department of Defense at the end of fiscal year 2011 by 
     account.
       (3) The total dollar amount by account of any balances 
     (both obligated and unobligated) that have been carried 
     forward by the Department of Defense for five years or more 
     as of the end of fiscal year 2011 by account.
                                 ______
                                 
  SA 1448. Mr. CHAMBLISS (for himself, Mr. Hatch, Mr. Lee, and 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:

       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 Alternatives for Alignment, Organizational 
     Reporting, and Performance Rating of Air Force System Program 
     Managers, Sustainment Program Managers, and Product Support 
     Managers Who Reside at Air Logistics Centers or Air Logistics 
     Complexes.--
       (1) Report required.--The Secretary of the Air Force shall 
     enter into an agreement with a federally funded research and 
     development center to submit to the congressional defense 
     committees, not later than 90 days after the date of the 
     enactment of this Act, a report on alternatives for 
     alignment, organizational reporting, and performance rating 
     of Air Force system program managers, sustainment program 
     managers, and product support managers who reside at Air 
     Logistics Centers or Air Logistics Complexes.
       (2) Elements.--The report required under paragraph (1) 
     shall include the following elements:
       (A) Consideration of the proposed reorganization of Air 
     Force Materiel Command announced on November 2, 2011.
       (B) An assessment of how various alternatives for aligning 
     the managers described in subsection (a) within Air Force 
     Materiel Command would likely support and impact life cycle 
     management, weapon system sustainment, and overall support to 
     the warfighter over the long term.
       (C) An examination of how the Air Force should be organized 
     to best conduct life cycle management and weapon system 
     sustainment, with any analysis of cost and savings factors 
     subject to the consideration of overall readiness as the 
     highest priority.
       (D) Recommended alternatives for meeting these objectives.
       (3) Cooperation of secretary of air force.--The Secretary 
     of the Air Force shall provide any necessary information and 
     background materials necessary for completion of the report 
     required under paragraph (1).
                                 ______
                                 
  SA 1449. 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 G of title X, add the following:

     SEC. 1080. REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

       (a) Designation of Lead Department of Defense Office.--Not 
     later than 60 days after the date of the enactment of this 
     Act, the Under Secretary of Defense for Acquisition, 
     Technology, and Logistics, in consultation with the Under 
     Secretary of Defense for Policy, shall identify and report to 
     the appropriate congressional committees what office within 
     the Department of Defense will be responsible for carrying 
     out the policies stated in Section (a) with regards to 
     regional advanced technology clusters.
       (b) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Under Secretary of Defense for 
     Acquisition, Technology, and Logistics, in consultation with 
     the Under Secretary of Defense for Policy, shall submit to 
     the appropriate congressional committees a report 
     describing--
       (1) the participation of the Department of Defense in 
     regional advanced technology clusters including the number of 
     clusters supported, technologies developed and transitioned 
     to acquisition programs, products commercialized, small 
     businesses trained, companies started, and research and 
     development facilities shared;
       (2) implementation by the Department of processes and 
     mechanisms to facilitate collaboration with the clusters;
       (3) agreements established with the Department of Commerce 
     and the Small Business Administration to jointly support the 
     continued utilization and growth of the clusters;
       (4) any additional required authorities, any impediments in 
     supporting regional advanced technology clusters; and
       (5) the use of any Inter-Governmental Personnel Act 
     agreements and any access granted to Department of Defense 
     facilities for research and development purposes.
       (c) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the congressional defense committees;
       (B) the Committee on Commerce, Science and Transportation 
     and the Committee on Small Business and Entrepreneurship of 
     the Senate; and
       (C) the Committee on Energy and Commerce and the Committee 
     on Small Business of the House of Representatives.
       (2) Regional advanced technology clusters.--The term 
     ``regional advanced technology clusters'' means geographic 
     centers focused on building science and technology-based 
     innovation capacity in areas of local and regional strength 
     to foster economic growth and improve quality of life.

[[Page 18330]]


                                 ______
                                 
  SA 1450. 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:

       On page 5, strike line 8 and all that follows through page 
     6, line 10, and insert the following:
       (b) Prevention of the Importation of Counterfeit Products 
     and Infringing Devices.--Notwithstanding section 1905 of 
     title 18, United States Code--
       (1) if United States Customs and Border Protection suspects 
     a product of being imported or exported in violation of 
     section 42 of the Lanham Act, and subject to any applicable 
     bonding requirements, the Secretary of Homeland Security is 
     authorized to share information on, and unredacted samples 
     of, products and their packaging and labels, or photos of 
     such products, packaging and labels, with the rightholders of 
     the trademark suspected of being copied or simulated, for 
     purposes of determining whether the products are prohibited 
     from importation pursuant to such section; and
       (2) upon seizure of material by United States Customs and 
     Border Protection imported in violation of subsection (a)(2) 
     or subsection (b) of section 1201 of title 17, United States 
     Code, the Secretary of Homeland Security is authorized to 
     share information about, and provide samples to affected 
     parties, subject to any applicable bonding requirements, as 
     to the seizure of material designed to circumvent 
     technological measures or protection afforded by a 
     technological measure that controls access to or protects the 
     owner's work protected by copyright under such title.
                                 ______
                                 
  SA 1451. 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. SENSE OF SENATE ON CONSIDERATION BY THE NORTH 
                   ATLANTIC TREATY ORGANIZATION OF THE MEMBERSHIP 
                   ACTION PLAN OF THE REPUBLIC OF GEORGIA.

       It is the sense of the Senate that the President should 
     lead a diplomatic effort to gain the approval of the 
     Membership Action Plan of the Government of the Republic of 
     Georgia in its application for membership in the North 
     Atlantic Treaty Organization (NATO) at the May 2012 summit of 
     the North Atlantic Treaty Organization in Chicago, Illinois.

                          ____________________