[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[Senate]
[Pages 11521-11522]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 571. Mrs. BOXER (for herself, Mr. Graham, and Mr. Inhofe) 
submitted an amendment intended to be proposed by her to the bill H.R. 
2055, making appropriations for military construction, the Department 
of Veterans Affairs, 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:

       On page 84, between lines 5 and 6, insert the following:
       Sec. 127. (a) Findings.--Congress makes the following 
     findings:
       (1) Over 86,000 children attend Department of Defense 
     Education Activity (DoDEA) schools across the United States, 
     Europe, and the Pacific region.
       (2) According to an October 2009 Report to Congress on 
     Department of Defense Education Activity's Military 
     Construction Program, 149 of 189 schools assessed, or nearly 
     79 percent, had facilities with an overall condition rating 
     of either Q3 (poor) or Q4 (failing).
       (3) The October 2009 Report to Congress also indicated that 
     many DoDEA schools require significant recapitalization 
     efforts to bring facilities up to current standards and 
     eliminate space shortfalls and temporary facilities.
       (4) In the Future Years Defense Plan for Fiscal Years 2012 
     through 2016, the Department of Defense has established a 
     plan to recapitalize many but not all of these school 
     facilities.
       (b) Sense of Congress.--It is the sense of Congress that 
     the state of disrepair of more than \3/4\ of Department of 
     Defense Education Activity school facilities is deplorable, 
     and that the Department of Defense should make every effort 
     to accelerate the recapitalization of these facilities.
       (c) Recapitalization of Schools.--The Secretary of Defense 
     is encouraged to include funding for each DoDEA school with 
     an overall condition rating of Q3 (poor) or Q4 (failing) 
     according to the October 2009 Report to Congress on 
     Department of Defense Education Activity's Military 
     Construction Program in the Future Years Defense Plan for 
     Fiscal Years 2013 to 2017.
                                 ______
                                 
  SA 572. Mr. WEBB (for himself and Mr. Lee) submitted an amendment 
intended to be proposed by him to the bill H.R. 2055, making 
appropriations for military construction, the Department of Veterans 
Affairs, 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:

       On page 117, between lines 12 and 13, insert the following:
       Sec. 410.  No amounts appropriated or otherwise made 
     available by this Act may be obligated or expended to 
     implement or carry out any program that creates a price 
     evaluation adjustment that is inconsistent with the holdings 
     in the following:
       (1) Adarand Constructors, Inc. v. Pena, 515 U.S. 200 
     (1995).
       (2) Rothe Development Corporation. v. Department of 
     Defense, 545 F. 3d 1023 (2008).
                                 ______
                                 
  SA 573. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 2055, making appropriations for military 
construction, the Department of Veterans Affairs, 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:

       On page 84, between lines 5 and 6, insert the following:
       Sec. 127.  Not more than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense shall provide 
     to the Committees on Appropriations of the Senate and the 
     House of Representatives a report that includes--
       (1) an assessment of the property management and caretaker 
     costs, including base security, fire protection, and 
     maintenance of the military installations closed or realigned 
     under the 2005 round of defense base closure and realignment;
       (2) a description of the risks to property value, safety, 
     and human life if such costs are not funded;
       (3) a description of the extent to which the Department of 
     Defense is funding such costs; and
       (4) if such costs are not fully funded, an explanation for 
     the shortfall.
                                 ______
                                 
  SA 574. Mr. WARNER submitted an amendment intended to be proposed to 
amendment SA 556 proposed by Mr. Johnson, of South Dakota (for himself 
and Mr. Kirk) to the bill H.R. 2055, making appropriations for military 
construction, the Department of Veterans Affairs, 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:

       Strike ``Sec. 301. Not later'' and all that follows and 
     insert the following:
       Sec. 301. (a) Not later than 90 days after the date of the 
     enactment of this Act, the Executive Director of Arlington 
     National Cemetery shall submit to the Committee on 
     Appropriations, the Committee on Armed Services, the 
     Committee on Veterans' Affairs, and the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Appropriations of the House of Representatives a 
     report on the efforts of the Executive Director to modernize 
     the information technology and management systems of the 
     Cemetery.
       (b) The report required by subsection (a) shall include the 
     following:
       (1) A detailing of the strategic plan and timetable to 
     modernize the information technology and management systems 
     of the Cemetery, including digital burial records.
       (2) A description of the steps taken by the Executive 
     Director in 2011 to implement information technology and 
     management systems improvements.
       (3) Identification of any remaining information technology 
     and systems infrastructure needs of the Executive Director 
     for administration of the Arlington National Cemetery.
                                 ______
                                 
  SA 575. Ms. AYOTTE submitted an amendment intended to be proposed by 
her to the bill H.R. 2055, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2012, and for other purposes; 
as follows:

       On page 112, between lines 2 and 3, insert the following:
       Sec. 230. (a) Not later than 90 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs, in 
     coordination with the Defense Advanced Research Projects 
     Agency (DARPA), shall submit to the Committee on 
     Appropriations, the Committee on Veterans' Affairs, and the 
     Committee on Armed Services of the Senate and the Committee 
     on Appropriations, the Committee on Veterans' Affairs, and 
     the Committee on Armed Services of the House of 
     Representatives a report, in writing, on the plans of the 
     Secretary to make available to injured members of the Armed 
     Forces and veterans the next generation of advanced 
     prosthetics.
       (b) The report required by subsection (a) shall include the 
     following:
       (1) Details of the strategic plan and timetable of the 
     Secretary to make available to injured members of the Armed 
     Forces and veterans the next generation of advanced 
     prosthetics
       (2) A description of the challenges, both technical and 
     administrative, that could delay injured members of the Armed 
     Forces and veterans access to prosthetics described in 
     paragraph (1).
       (3) The plans of the Secretary to address these challenges 
     described under paragraph (2).
                                 ______
                                 
  SA 576. Mr. SESSIONS (for himself, Mr. Vitter, and Mr. Corker) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2055, making appropriations for military construction, the Department 
of Veterans Affairs, 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, insert the following:

     SEC. ___. NO BUDGET--NO APPROPRIATIONS.

       Section 904 of the Congressional Budget Act of 1974 (2 
     U.S.C. 621 note) is amended--
       (1) in subsection (c)(1), by inserting after ``Sections'' 
     the following: ``303(c),''; and
       (2) in subsection (d)(2), by inserting after ``sections'' 
     the following: ``303(c),''.
                                 ______
                                 
  SA 577. Mrs. BOXER (for herself, Mr. Graham, Mr. Inhofe, and Mr. 
Nelson of Florida) proposed an amendment to

[[Page 11522]]

the bill H.R. 2055, making appropriations for military construction, 
the Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2012, and for other purposes; as follows:

       At the appropriate place, add the following:
       Sec. __ No later than 90 days after enactment of this Act, 
     the Secretary of Defense shall report to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     on the status and improvement plan for all DODEA schools with 
     an overall condition rating of Q3 (poor) or Q4 (failing) as 
     identified in the October 2009 Report to Congress on 
     Department of Defense Education Activity's Military 
     Construction Program.
                                 ______
                                 
  SA 578. Mr. LAUTENBERG (for himself, Mr. Menendez, Ms. Snowe, and Ms. 
Collins) submitted an amendment intended to be proposed by him to the 
bill H.R. 2055, making appropriations for military construction, the 
Department of Veterans Affairs, 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:

       On page 84, between lines 5 and 6, insert the following:
       Sec. 127. (a) Limitation on Closure of Commissaries.--
     Notwithstanding any provision of the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note), none of the funds appropriated 
     or otherwise made available by this title may be obligated or 
     expended to cease operations of any commissary until the 
     Secretary of Defense has issued new instructions regarding 
     commissary operations of the Armed Forces that clarify 
     general and economic criteria used for establishing, 
     continuing, or discontinuing commissary operations.
       (b) Submission of Proposed Instructions to Congressional 
     Defense Committees.--The Secretary of Defense may not issue 
     the instructions described in subsection (a) until 60 days 
     after the Secretary submits to the congressional defense 
     committees a copy of the proposed instructions and a 
     description of the impact of those instructions on--
       (1) existing commissary operations;
       (2) operations of commissaries at locations affected by a 
     base closure law;
       (3) future construction and operation of new commissaries; 
     and
       (4) the operation and funding of commissary stores at which 
     substantial percentages of users are from more than one 
     military service.

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