E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, SECOND SESSION

Vol. 158 WASHINGTON, WEDNESDAY, NOVEMBER 28, 2012 No. 150 Senate The Senate met at 10 a.m. and was BRAND, a Senator from the State of New leader gave his maiden speech on the called to order by the Honorable York, to perform the duties of the Chair. Senate floor. His first floor speech here KIRSTEN E. GILLIBRAND, a Senator from DANIEL K. INOUYE, in the Senate was about the challenges the State of New York. President pro tempore. faced each day—even in this the richest Mrs. GILLIBRAND thereupon assumed of nations—by people just like Robert PRAYER the chair as Acting President pro tem- Dole, people with disabilities. That is The Chaplain, Dr. Barry C. Black, of- pore. what he spoke about. He described the fered the following prayer: f discrimination disabled Americans Let us pray. faced as ‘‘maybe not exclusion from the RECOGNITION OF THE MAJORITY front of the bus, but perhaps from even Father of all, out of the noisy world, LEADER we come to this quiet place of prayer. climbing aboard it.’’ We depend on Your goodness, Your The ACTING PRESIDENT pro tem- Over the next 27 years of his Senate mercy and grace. pore. The majority leader is recog- career, including 11 years as majority As our lawmakers face the challenges nized. leader, and throughout his years in the of their calling, inspire them to have a f private sector, Bob Dole would remain mature faith in Your providential lead- a vocal advocate for Americans with ing. Lord, fill them with Your spirit so NATIONAL DEFENSE AUTHORIZA- disabilities. Since Senator Dole fought that they will acknowledge their de- TION ACT FOR FISCAL YEAR for passage of the Americans With Dis- pendence on You for every breath they 2013—MOTION TO PROCEED—Re- abilities Act in 1990, barriers have been breathe and every creative thought sumed lifted, helping people with disabilities they think. May today be for them a Mr. REID. Madam President, I now in this country live the full and pro- building block for making America a move to proceed to Calendar No. 419, ductive life they want and deserve. nation that glorifies You. the DOD authorization bill. There is no finer example of the ex- We pray in Your great Name. Amen. The ACTING PRESIDENT pro tem- traordinary goals Americans can pore. The clerk will report. achieve in spite of their disabilities f The legislative clerk read as follows: than Bob Dole’s inspiring career. In my mind’s eye, I can see Senator Dole on PLEDGE OF ALLEGIANCE Motion to proceed to the bill (S. 3254) to authorize appropriations for fiscal year 2013 the Senate floor standing straight and The Honorable KIRSTEN E. GILLI- for military activities of the Department of tall, slim, and articulate—as I indi- BRAND led the Pledge of Allegiance, as Defense, for military construction, and for cated yesterday, always with some- follows: defense activities of the Department of En- thing funny to say. But what people did I pledge allegiance to the Flag of the ergy, to prescribe military personnel not notice was that one of his arms was United States of America, and to the Repub- strengths for such fiscal year, and for other inoperative. He always kept a pen in purposes. lic for which it stands, one nation under God, that hand so people would not grab his indivisible, with liberty and justice for all. SCHEDULE hand or something like that. But it Mr. REID. Madam President, the f was distinctive. That was the distinc- first hour will be equally divided and tive Robert Dole. He was such a force controlled between the two leaders or APPOINTMENT OF ACTING here in the Senate, and to think that their designees, with the majority con- PRESIDENT PRO TEMPORE he did it all after having been really trolling the first half and the Repub- blown up in a war. The PRESIDING OFFICER. The licans controlling the final half. We ex- The United States has been a leader clerk will please read a communication pect to begin consideration of the DOD in expanding disability rights across to the Senate from the President pro authorization bill today. the globe. U.S. law has been the gold tempore (Mr. INOUYE). DISABILITIES CONVENTION standard for the rest of the world. But The legislative clerk read the fol- On April 14, 1945, a very young Robert the United States must continue to lowing letter: Dole lay gravely wounded in the mud lead by example and must do more to U.S. SENATE, of a war-torn Italian hillside. He had protect American citizens traveling PRESIDENT PRO TEMPORE, been hit with shrapnel which tore and working abroad. Washington, DC, November 28, 2012. To the Senate: through his shoulder and his spine. But The disabilities convention before Under the provisions of rule I, paragraph 3, 24 years later, after years spent re- the Senate today—a treaty ratified by of the Standing Rules of the Senate, I hereby building his body and building a polit- 125 nations—would advance those appoint the Honorable KIRSTEN E. GILLI- ical career, the future Senate majority goals. This convention would give us

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6986 CONGRESSIONAL RECORD — SENATE November 28, 2012 an opportunity to strengthen our lead- This has been my message for weeks. I lions of older, lower income, and dis- ership on disability rights around the reiterated it on Monday. I repeat it abled Americans. We want to make world. It is another step toward ensur- today. sure they remain viable not only for ing that all people with disabilities in There are some important points to today’s seniors but for their children any country are treated with dignity keep in mind as well. Yesterday I came and their grandchildren and that they and given the right to achieve to their to the floor to remind folks that we did do not consume so large a share of Fed- full potential. not get here by accident. The only rea- eral spending that we do not have the Ratification of this treaty will not son we are even facing these twin cri- money to pay for other necessities. cost the U.S. taxpayers a single dime. ses right now is because Democrats Here are the facts, just the facts. It will not require any changes in our have spent taxpayer money with total Longer lifespans and Federal spending existing law. It has the support of vet- abandon over the past 4 years and done patterns threaten the viability of all of erans groups and disability groups nothing to address the main drivers of these programs as well as the economic around the country. It has the strong the debt. well-being of our country and our chil- backing of a bipartisan group of Sen- Our Democratic friends like to say dren. Think about it. The number of ators and leading Republicans such as we cannot simply cut our way to pros- Americans over the age of 65 will in- George H.W. Bush as well as Senator perity. Well, leaving aside for a mo- crease from 40 million in 2010 to 54 mil- Dole. He called me a few days ago to ment the fact that no one is actually lion at the end of this decade and then tell me how much he wanted this proposing we do that, we cannot spend 72 million a decade after that. Ameri- passed. our way to prosperity either. That is cans are living longer, more productive Like passing the Americans With exactly what Democrats have been try- lives. That is great and a testament to Disabilities Act, ratifying the treaty is ing to do for 4 years. We have been try- modern health care here in the United the right thing to do. Ralph Waldo ing to spend our way to prosperity. It States, but it creates obvious chal- Emerson wrote, ‘‘If you would lift me has not worked yet and is not likely to lenges for which we need to prepare. up you must be on higher ground.’’ If work in the future. We cannot just let seniors age into the United States wishes to be a global This is not complicated. We are not promises that can no longer pay prom- example for the huge strides people in this mess because Washington taxes ised benefits. It is not right. Yet al- with disabilities can make when bar- too little, we are in this mess because ready Medicare and Social Security are riers to succeed are removed, we must Washington spends too much. The both paying out more benefits than take the high ground. American people know that. And we they take in from taxes. Medicare and I thank Senator KERRY, the chair- are not going to get out of it until Social Security are paying out more man of the Foreign Relations Com- Democrats get serious about real benefits than they take in from taxes mittee, Senators McCAIN, LUGAR, DUR- spending cuts and meaningful entitle- now—not some other day, now. BIN, BARRASSO, COONS, TOM UDALL, ment changes. So this morning I would The problem is particularly urgent in MORAN, and others, and especially Sen- like to speak in a little more detail Medicare, which paid out nearly $30 bil- ator HARKIN, who is the father of the about why it is that we need to lion more than it took in last year and Americans With Disabilities Act, lead- strengthen and protect these entitle- which is on the road to bankruptcy in ing the way on this issue. With their ment programs through reforms that about 10 years—10 years from now, a help, I hope we can quickly ratify this match them up with the Nation’s bankrupt Medicare. This is not treaty. changing demographics. alarmism. It is math. It is a fact. And RECOGNITION OF THE MINORITY LEADER Democrats like to pretend they are the studies that illustrate the gravity The ACTING PRESIDENT pro tem- the great protectors of Social Security, of the problem come from members of pore. The minority leader is recog- Medicare, and Medicaid. They make the President’s own Cabinet who serve nized. solemn pledges all the time about how as the Medicare trustees. FISCAL CLIFF they will not even entertain a discus- In discussing the Medicare Part A Mr. MCCONNELL. Madam President, sion about reform. What they do not trust fund, for example, the Medicare over the past few weeks Americans say is that ignoring those programs is trustees report that expenditures for have started to really focus on the de- the surest way to guarantee their col- this program have exceeded income bate we are having here in Washington lapse. every year since 2008, and projected ex- about how the two parties can work to- All we are calling for is an honest penditures continue to do so every year gether to prevent a short-term eco- conversation. We all know these pro- until the fund becomes exhausted in nomic crisis in January and an even grams are in trouble. Let’s figure out a 2024, which is not that far away. bigger budgetary crisis later on. So it solution. When it comes to entitle- What do the President’s own trustees may come as a surprise to many to see ments, Republicans are guided by a think we should do about all of this? that with just a few weeks to go before simple principle: We do not want Amer- This is from their report: a hard deadline on solving the short- icans to age into a system that no The financial projections in this report in- term issue, President Obama has de- longer exists. We do not want Ameri- dicate a need for additional steps to address cided to hit the road—hit the road— cans to age into a system that no Medicare’s remaining financial challenges. this week to drum up support for his longer exists. We want to protect them Consideration of further reforms should favored approach. It is hard to believe, and to protect people’s investment in occur in the near future. Not some other day, really. I mean, every week he spends them. But we can’t do it alone. Reform now. campaigning for his ideas is a week we is something that can only be done by Again, these are the President’s own are not solving the problem. It is com- both parties together. That is the re- trustees. They are the ones saying we pletely counterproductive. The elec- ality. And there has been a scandalous need to do something about the prob- tion is over. He won. Congratulations. lack of leadership on this issue for lem; not just me, the Medicare trust- We have a hard deadline here, however. years among Democratic leaders in ees. He is still out on the campaign trail Washington because they think it is a Yet Democrats are telling those on kind of celebrating. This is a problem. winner politically. the hard left, don’t worry about it, If the President really wants to reach What I am saying is that the Demo- don’t worry about it. They won’t do an agreement, he needs to be talking crats just won the election. Congratu- anything to reform and protect theses with the members of his own party lations. Turn off the campaign and rec- programs. For some reason these right here in Washington, trying to ognize the opportunity that divided groups all applaud, as if this is some broker an agreement, not out there fir- government presents to actually do kind of an achievement—as if this is ing up crowds and giving speeches. He something to strengthen these pro- some kind of an achievement, allowing is the only one who can do it, the only grams and protect them for future gen- entitlements to crumble. That is the one who can bring folks together to erations. That is all Republicans are kind of leadership vacuum we have had broker a consensus solution that can asking for. Medicare, Medicaid, and So- on this issue from Democrats in Wash- pass a Democratic-controlled Senate as cial Security are critical to the eco- ington literally for years. Here is a well as a Republican-controlled House. nomic and health care security of mil- concrete example of what I mean.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6987 The Medicare Modernization Act re- We can do this. We can do this. But this rule to bypass committees nearly quires Medicare trustees to send a the President, as I have said, has to 70 times—70 times. When Republicans funding warning letter whenever Medi- lead. That is the issue. It is that sim- were last in the majority under Sen- care begins to rely on the Treasury for ple. ator Frist, we used that rule less than more than 45 percent of its financing. RULES CHANGES half as often, only 30 times to be spe- The law then requires the President to Madam President, we have been hav- cific, which is a much lower rate, pro- submit a plan to Congress on how he ing a spirited discussion this week over portionately speaking. plans to address the shortfall. The the plans of the Democratic majority When a bill that has bypassed com- trustees issued their first such warning to break the rules to change the rules. mittee goes straight to the floor under back in 2007, and they have continued That is how my friend from Nevada re- the current Democratic leadership, to issue one every year since. President peatedly described it when Republicans there often isn’t an opportunity to par- Bush submitted his plan. This Presi- considered doing something similar ticipate there either. In fact, according dent has ignored the warnings every several years ago but wisely chose not to the Congressional Research Service, year he has been in office, every year. to. the current Democratic leadership con- Here is another example. In 2010 the At the end of the following year, my tinues to break records there as well. It Director of the nonpartisan Congres- friend was poised to become Senate has blocked Senators from both sides sional Budget Office warned that ‘‘the majority leader, which was back in of the aisle from offering amendments single greatest threat to budget sta- 2006. With the experience of having on the floor 68 times—68 times. That is bility of the Federal Government is the served in the minority in his mind, the a conservative figure in which the ma- growth of Federal spending on health majority leader, the soon-to-be major- jority has simply made it impossible care.’’ Yet how did President Obama ity leader, the Senator from Nevada, for any Senators to offer any amend- and his allies respond to these warn- made a commitment to practice the ments on the floor. For if the Demo- ings about overspending on health Golden Rule, as he put it, by running cratic leadership indicates it won’t let care? He increased Federal spending on the Senate with respect for the rules us offer any amendments to a bill, and health care by $580 billion. That was in response we don’t allow the majority their response, to increase spending on and for the minority rights the rules to get on the bill, then there is no tree health care by $580 billion. That was protect. Unfortunately, he appears to have re- to fill that shows up in the statistics, their solution. As for Social Security, the only thing pudiated that clear commitment. Un- but there is a filibuster. Of course, the we hear from Democrats is that they fortunately, he no longer recognizes, as filibuster statistic doesn’t indicate the don’t want to talk about it. Don’t want Senator Byrd did, by the way, that the reason for the filibuster in the first to talk about it? Why in the world Senate was not established to be effi- place. Let me say that again. The fili- wouldn’t they want to talk about the cient but to make sure minorities are buster statistic doesn’t indicate the fact that this vital program started protected. reason for the filibuster in the first spending out more than it took in in Then my friend recognized that is place. But even this conservative figure is 2010 for the first time in nearly 30 what the Senate is all about. That is years, and that its trustees now esti- what he said back then. Now he says 70 percent greater than the number of mate that it will keep spending more the primary consideration is ‘‘effi- times the six prior majority leaders than it takes in for 75 years unless we ciency.’’ He seeks to minimize con- combined—combined—shut their col- strengthen it? cerns about this majoritarian power leagues out of the amendment process. But, again, it is not just a question of grab by characterizing the effect as Our friend, the majority leader, cava- when these programs go broke, it is ‘‘tiny,’’ just a little change, a ‘‘minor lierly dismisses this unprecedented also about the strain they continue to change,’’ as changing the rules just a blocking of Senators of both parties put on the rest of the Federal budget little bit. from offering amendments. He said this on their way to going broke. Look, I But when one of my new Members behavior has ‘‘no bearing on what’s understand that when it comes to gov- asked the majority leader if this going on around here.’’ It has ‘‘no bear- ernment spending, those on the hard change occurred what recourse he ing on what’s going on around here.’’ left have no limiting principle. No lim- would have to ensure he ever got an Well, maybe in his mind it doesn’t, iting principle. They don’t think about amendment to the bill, the majority but that is a pretty convenient and, this. They think every dollar secured is leader quipped, ‘‘You can always vote frankly, self-serving attitude coming sacrosanct forever and forever, amen. against the bill.’’ In other words, my from the one who is picking the amend- But when you are in charge, when you friend from Nevada acknowledged that ments. It is a little bit bigger deal to are the steward of the Nation’s fi- if this change occurred, the minority the other 99 of us who don’t get to offer nances, you don’t have that luxury. will no longer have any ability to en- any amendments, when our constitu- You are actually responsible. sure that it and those whom it rep- ents elected us to be a meaningful These are just a few of the ways in resents have a meaningful voice in the voice for them. which Democrats have been slowly un- legislative process. Of course, that wasn’t the majority dermining the very programs they My new colleague was surprised, but leader’s view when he was in the mi- claim to champion, making it even I can’t say I was. After all, the major- nority and had to live under that pro- harder for us to reform and strengthen ity leader brazenly told Senator cedure. Senator Frist as majority lead- them in the future. The good news is MCCAIN that ‘‘the days of amendments er blocked his colleagues from offering these challenges are neither unprece- are over.’’ amendments a relatively modest 15 dented nor insurmountable. We have The record of the Democratic leader- times in 4 years—15 times in 4 years. done it before. When a President of one ship, of course, backs this up. It is en- Do you know what the reaction of my party has decided to sit down with gaged in a systemic effort to use and friend from Nevada was when Senator leaders of the other party in Congress, abuse Senate procedures to Frist did this a relatively modest num- we have faced up to challenges such as marginalize the voice of the minority ber of times over 4 years? He said it these and made the tough choices nec- in the legislative process. Let us review was ‘‘a bad way to run the Senate.’’ He essary to resolve them. the record. said it was a ‘‘very bad practice.’’ He In 1983, President Reagan worked It used to be unprecedented to use said it ‘‘runs against the basic nature with Tip O’Neill to reach an agreement Senate rule XIV frequently. This rule of the Senate.’’ that increased the retirement age and allows the majority to bypass commit- Well, if it was a bad way to run the laid the groundwork for preserving So- tees and write bills behind closed Senate, if it was a very bad practice, if cial Security for decades to come. In doors. Doing so deprives all Senators, it ran against the basic nature of the 1997, Medicare faced total insolvency Republicans and Democrats, of the Senate to do it 15 times in 4 years, by 2001. President Clinton, working chance to have their committee work what would be the fair way to charac- with a Republican Congress, reached an actually make any difference. terize the practice when it happened agreement that added decades to the According to the Congressional Re- nearly 70 times on bills, especially life of the Medicare trust fund. search Service, the majority has used when many of those never went

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6988 CONGRESSIONAL RECORD — SENATE November 28, 2012 through committee? Is it fair to con- self-restraint and good judgment as On the issue of Social Security, I clude that this sort of stewardship of well. We know we will not get every might remind those following this de- the Senate might be more than just a amendment we wish to offer. But the bate that the answer from the Repub- few tweaks shy of how this institution, majority cannot prevent us from offer- lican side for years has been to pri- which is supposed to protect the rights ing amendments in committee, block vatize Social Security; to get govern- of all Senators, including those in the us from offering amendments on the ment out of the business of retirement minority, is supposed to function? floor before cloture, and change Senate and let individuals take their life sav- But the current Democratic leader- procedure so it can rule out of order ings in Social Security and invest ship wasn’t content to stop there in motions we want to offer after cloture them. That debate disappeared when marginalizing the minority. Because and then turn around and assert that we had a recession recently—in the last the minority isn’t allowed to offer these systemic practices ‘‘have no 7 or 8 years—and people saw their life amendments in committee and isn’t al- bearing on what’s going on around savings evaporate, melt away, as a re- lowed to offer amendments on floor, here.’’ That is an abdication of respon- sult of downturns in the stock market. some of our Members began to put sibility. They started envisioning what would forth legislative ideas by moving to I would encourage my friend the ma- have happened had they retired at that suspend the rules. jority leader not to employ a heavy- moment in time with their Social Se- This wasn’t exactly a level playing handed procedure. With the House of curity savings. So the Republican an- field for us because of the requirement Representatives in control of Repub- swer of privatization of Social Security in the Senate rules that motions to licans, it is important to note here, is a nonstarter and never mentioned in suspend the rules receive 67 votes to what short-term advantage would be polite company in these times because prevail. But even if the deck was gained by all of this nuclear option ac- it is not a credible position. stacked against us, it was a chance for tivity? The House of Representatives is My belief is Social Security has per- us to put our ideas and those of our in the hands of my party. So you will formed admirably since its creation constituents before the body. have degraded the Senate, created a under President Franklin Roosevelt. I Well, of course, that was even too bad precedent for the next time you are can recall in 1983, when we revised So- much, too much legislative freedom for in the minority, and sent measures to cial Security in anticipation of the the majority. Even if the majority the House nowhere. But in the long baby boomers’ arrival, we said: We will started with a 27-vote built-in advan- term it will establish a precedent for collect more money while they are still tage under the rules to defeat these breaking the rules to change the rules working so we can take care of them motions, having to bother with them that our Democratic colleagues will when they arrive in large numbers was just too much, just too much of a have to endure when they are next in after they retire. bother. It got in the way of efficiency. the minority. That is exactly what has occurred, So the majority leader used a simple Now, what we should be doing, with 10,000 people turning 65 yesterday majority to change Senate procedure Madam President, is we should work in America, 10,000 today, 10,000 tomor- to shut down the minority there too. together on a bipartisan basis to re- row, and 10,000 a day for the next 18 Even that is not enough. That is not solve our respective differences. That years. The boomers have arrived, hav- enough. The same Democratic leader- is what the Standing Rules of the Sen- ing paid a lifetime into Social Secu- ship now wants to take away the right ate anticipate, and that has been how rity, and, rightfully, they expect their to extend the debate on motions to pro- changes to Senate rules have occurred coverage to be there when they need it. ceed to a measure. Don’t worry, they in the past. We can reach agreement, It will be. But beyond the 21 or 22 years say. Don’t worry about it. Trust us, as previous majority leaders have done, of solvency and longevity, I believe we they say. We would never take away without making the Senate irrelevant. should take a step further. the right to extended debate on the The time for the majority leader and Having studied this for some time— measure itself. myself to discuss these matters has the Simpson-Bowles Commission and Really? Really? In light of the sys- come. other places—I think it is thoughtful temic effort to marginalize the minor- Madam President, I yield the floor. and perhaps careful for us to take a ity at every turn, are we supposed to RESERVATION OF LEADER TIME look at the future of Social Security believe that the current majority won’t The ACTING PRESIDENT pro tem- and that we need to create something subsequently cite ‘‘efficiency’’ as a rea- pore. Under the previous order, the like the Simpson-Bowles Commission son to take away that Senate rule as leadership time is reserved. on Social Security to report back to us well? Are we supposed to believe this in 6 or 8 months with a plan to increase assurance when the Democratic leader- ORDER OF PROCEDURE the longevity of Social Security for 75 ship so easily discards past unequivocal Under the previous order, the fol- years. I think we can do that, and we commitments to respect the rights of lowing hour is equally divided and con- can do it in a sensible way since we the minority? trolled between the two leaders or have 20 years to make small changes On the record of this Democratic their designees, with the majority con- and then let them play out to give sol- leadership, there is no basis, none, to trolling the first half. vency to Social Security. We can then believe that the proposed changes are The Senator from Illinois. bring the issue to the floor and let bi- ‘‘tiny,’’ that they are ‘‘minor,’’ that ENTITLEMENT PROGRAMS partisan groups of Senators offer alter- they would affect the Senate just ‘‘a Mr. DURBIN. Madam President, the natives, if they wish. little bit’’ or that they would stop minority leader, Senator MCCONNELL, But let’s do this on Social Security there. To my colleagues who have has addressed two issues: the entitle- separate from this deficit and debt de- never served in this body in the minor- ment programs as well as rules bate. Social Security does not add one ity, who have never served under dif- changes. I would defer to my colleagues penny to the deficit. It is an important ferent leadership, this is not how the from New Mexico and Oregon to ad- program, a critical program. Let’s take Senate is supposed to function. dress the rules changes. I would like to care of it in the future, but let’s do it To my Democratic friends in par- briefly respond to Senator MCCONNELL separate from the debt debate. ticular who have never served in the on entitlements. Medicare is another story. Medicare minority but no doubt will at some There is no question that as a Senate has 12 years of life left. Let me make a point, are you prepared to live under and House of Representatives we point of saying it has 8 of those years the rules you are now demanding? Are should address the longevity and sol- because of President Obama’s leader- you prepared to be shut out from even vency of Social Security and Medicare. ship. He said: We will reduce the reim- offering amendments when the shoe is It should be part of our conversation bursement to providers under Medicare on the other foot? about the deficit facing this country over the next 10 years because we are We in the minority cannot fairly ex- and the debt of our Nation. But the going to increase the number of people pect the majority to allow us to offer way we approach it, the changes we under health insurance coverage under every amendment we wish to a bill. I make, are significant. It should be ObamaCare. As we reduce the com- understand that. We need to exercise looked at carefully. pensation to providers, we will buy

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6989 more life for Medicare. And we did, lit- into more filibusters than ever in the have had 386 filibusters. Realizing that erally—12 years. We need to do more; 12 history of the Senate. That is why each one can consume a week of the years is not enough. most people who tune in to C–SPAN Senate’s time, we quickly see the pa- What I said yesterday and will repeat and look at the Senate floor say: Where ralysis that has invaded this body. today is we cannot come up with a so- are the Senators? Why aren’t they here When Members talk about the frus- lution on Medicare in the next 2 or 3 working? We have been stuck in Repub- tration of not getting to appropriations weeks. We shouldn’t even try. It is too lican filibusters to a record level. bills and how few of them we have con- important, it is too serious when it What my colleagues are addressing is sidered and debated, we know why. It is comes to this fiscal cliff debate. But a way to avoid that in a sensible man- because of the incessant, day-in-and- Medicare entitlement reform should be ner which could apply to either party day-out filibusters launched by mem- part of our conversation over the next in the majority or the minority. bers of the minority. This must be ad- 10 years in deficit reduction. Let’s find The ACTING PRESIDENT pro tem- dressed. a way to do it that does not reach the pore. The Senator from Oregon. I first came to the Senate to observe extreme of the Paul Ryan budget, SENATE RULES CHANGES this Chamber in 1976. I was an intern which created premium supports which Mr. MERKLEY. Madam President, I for Senator Hatfield. I sat in the staff literally foreclosed opportunities for am pleased to be here with my col- gallery and covered the debate that seniors to have Medicare coverage league from New Mexico, Senator TOM summer over the Tax Reform Act of when they needed it the most. UDALL, to talk a little about the issue 1976. There were no cameras on the Let me also add to my colleague’s of how this body, which was once con- Senate floor, no e-mail, so I would run comments that the notion about ex- sidered the world’s premier delibera- down and meet Senator Hatfield out- tending the eligibility age for Medicare tive body, can actually discuss and de- side of the elevators and brief him on is one we ought to think about long cide things in this modern era—a mod- each amendment. I watched as every and hard. To think a person would re- ern era that has seen unlimited paral- hour or hour and a half an amendment tire at the age of 64 or 65 and not have ysis, with huge hurdles placed in the was brought up, it was debated in this body, and it was voted on. There was Medicare coverage until 67 raises an way of addressing the large issues fac- no filibuster of a motion to proceed. obvious question. These people in their ing America. midsixties, probably with a health his- The last couple of days we have heard There was no filibuster of amendments. tory, will find it difficult to buy health a lot of passionate terms—terms such There was no 3-week deep freeze during insurance on the open market or afford as power grab and suppression of mi- the negotiation of what amendments whatever is available. I want to make nority rights, broken promises or abuse would come up because it was under- sure there are no gaps in coverage for of the rules. I must say all of those al- stood we were here as a majority body to debate issues. those who need it the most—retired legations create a smoke screen de- The filibuster would be a rare excep- Americans who have a health history signed to take away from thoughtful tion, occurring once or twice in one’s and can’t find affordable health insur- conversation about a broken system, career, when someone would stand and ance. So before we jump at the notion about the dysfunction of the Senate. say: There is a principle so profound at of increasing the eligibility age for So let’s take a step back and recognize stake, an interest of such concern to Medicare, let’s make certain there are that the goal of this discussion about me personally, to the Nation, or to insurance exchanges, good competi- rules is to simply enhance or restore citizens of my own State that I am tion, and affordable health care avail- the ability of this body to deliberate going to break and interfere with the able for those seniors. That should be and decide issues. majority decision and hold this floor part of the conversation about this en- Perhaps during the time we have the and make my case before the people. titlement reform. honor to serve in this body we will be But that is not what we have now. So Let’s get to entitlement reform, but able to once again claim that we are there are various ideas being put for- let’s start where we should. Let’s bring the world’s greatest deliberative body. ward on how we can restore the fili- in the revenue and taxes needed for def- The conversation often starts with the buster as something that happens in icit reduction. That is the President’s Constitution and about the design of front of this Chamber, in front of the plan. We sent a bipartisan bill to the this body as being the cooling saucer, public; that there is accountability and House—a bill passed in the Senate—to as President Washington was alleged to transparency that facilitates debate. protect every American family making have claimed. And, indeed, the early Rather than throwing accusations $250,000 or less so that they have no in- debate over this body did say let’s take about abuses of power, let’s just have a crease in their income taxes on Janu- a longer term for Senators—6 years thoughtful debate about how to make ary 1 after the cliff. It is in the hands rather than 2—so they are more insu- this Chamber work. of the Speaker of the House. He could lated from the public debate. Let’s One question is whether we should call it today. He could pass it today. I have the indirect election of Senators. have filibusters on the motion to pro- hope he will. That is what the Presi- States used to have a legislative proc- ceed. I have a little chart that shows dent is asking. ess to decide who would represent them what has happened. It used to be un- What we are also saying is those who in the Senate rather than direct elec- heard of that the motion to proceed have lived the American dream, have tion. Let’s do that so there is a little was filibustered. In the time period be- been successful and blessed with wealth more insulation for Senators to be able tween about 1930 and 1970 the motion to and a good position in America, should to thoughtfully consider issues, where- proceed was only filibustered 12 times be willing to give a little more in taxes as the House might be a little rash. or roughly once every 3 to 4 years. so another generation would have a But, colleagues, there is a huge dif- What we have here is 57 filibusters in chance to attain that American dream. ference between being a cooling saucer 2007–2008 of just the motion to proceed. Asking those in the highest income and a deep freeze. Indeed, we have be- In other words, we see this growing categories to pay a little bit more to come a deep freeze. trend of trying to paralyze the Senate reduce our deficit is not unreasonable. Let’s take a look at this first chart. from even getting to a debate on an It is the President’s starting position, This chart essentially shows the rise in issue. This makes no sense because and should be, before we get into seri- the number of cloture motions. If you whatever one is filibustering at the ous discussion about deficit reductions can’t see the details, what you can see front end one can do at the back end. over the long period. is the trend of this great soaring num- So we need to consider the possibility I will now yield to my colleagues and ber. I think what captures attention is of saying, no, this does not enhance de- thank them for their leadership. I will that during the 6 years Lyndon John- bate. say, as a way of introduction, what the son was majority leader in this body he Filibustering to prevent the Senate Republican Senate leader failed to had to file just one cloture motion— from debating cannot possibly enhance mention, which that in the last 6 years just one—in order to get to a final sim- debate. So we need to be thoughtful we have had no fewer than 386 filibus- ple majority vote. about whether we continue this ters on the floor of the Senate. Senator During the 6 years that Senate Ma- change, this change that has emerged MCCONNELL, as their leader, has led us jority Leader REID has presided here we since 1970.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6990 CONGRESSIONAL RECORD — SENATE November 28, 2012 We need to look at the problem of have the Senate do the work of the do a better job if we just work with motions being filibustered going to American people. We just went through each other and try to come up with conference committee. A conference an election. We know our States are rules and not abuse the rules. committee is a chance to negotiate hurting. People want to create jobs. My colleague and our leader, Senator with the House on a bill that has been They want us to deal with health care MURRAY, has joined us. Senator DURBIN passed by both bodies. Why should we costs and make sure there is quality was here earlier. I know the time has possibly obstruct a bill from getting to health care. On education reform, we been equally divided. It was shortened conference committee? Yet we rarely haven’t even reauthorized the No Child a little bit with Senator DURBIN’s talk have a conference committee now be- Left Behind Act or dealt with edu- at the beginning of our half hour. At cause of the routine threat to filibuster cation. So all of those issues are front this time, I yield for Senator MURRAY’s the motions necessary to get to con- and center. As we know, the last couple remarks. ference committee. Yes, we should still of years, because of the filibuster and The ACTING PRESIDENT pro tem- be able to debate and filibuster what because of the delay and because of the pore. The Senator from Washington. comes back from conference com- obstruction we have had go on, we Mrs. MURRAY. Madam President, I mittee. Absolutely. But to prevent ne- haven’t been able to get to those thank my colleagues. gotiations—again, that doesn’t seem issues. And I think Senator MERKLEY We have been hearing a lot recently reasonable in any frame other than to has experienced what I have when we about the inability of our Nation’s paralyze this body, which is paralysis have talked to our friends on the Re- elected officials to come together on a not about debate, it is about pre- publican side—they agree it is not balanced and bipartisan budget deal. venting debate. working. Here in Washington, DC, this issue is I put forward the notion of the talk- Really what we are trying to do is often viewed through the prism of par- ing filibuster. That is simply to say come up with commonsense proposals tisanship and political point-scoring. that the American people believe that such as the Senator has talked about The conversations and the coverage if you are going to object to a simple to make the Senate work. The first one are very focused on the moment that majority vote and say there should be is very simple. It is to make sure that we are in—this debate, the next few more debate, then there should be more the motion to proceed to a bill will not weeks, the next year—but for families debate—more debate on this Chamber be debatable. We are talking about not who are sitting around their tables and floor. So I am proposing that after clo- allowing filibusters on the motion to in communities across America, this ture, when you have a majority but not proceed because, as we have seen on issue is about a lot more than that. It a supermajority, that Members be re- the chart here, we are in a situation is about their lives and their futures. It quired to actually debate. I can tell my where we now cannot even get on the is about tough questions too many of colleagues that the public reaction to bills. So this is a commonsense pro- them have to ask themselves every this is so strongly in the affirmative. posal. day: Will they be able to afford to stay And there are other ideas being put for- One of the other areas we are trying in their homes? Will they get the sup- ward that merit thoughtful consider- to address deals with conference com- port they need to get skills and get ation. mittees. There are three debatable mo- back on a job? Are they going to be Today the minority leader said the tions—three motions that can be fili- able to send their kids to college or go test should be whether you feel as bustered to get us into the conference to the doctor when they get sick? Is though a proposal would work when committee. We have not gone to con- Medicare going to be there for their you place yourself in the minority. ference as a result, and so we don’t re- parents or for them or for their chil- Both Senator UDALL and I have ex- solve differences between the House dren? Are their taxes going to go up pressed that very position from the be- and the Senate—another important next year? 1 ginning of this conversation 2 ⁄2 years area we could reform and really make Those are the questions they are ask- ago, that whatever we support on this the process work much better. ing, and they want their elected offi- floor needs to be something we would The final one is one Senator cials to come together around real an- accept in the minority, and that means MERKLEY and I have worked on. Sen- swers and real solutions and smart it enhances debate and dialog without ator Specter, a Republican who at the policies that work for families like crushing in any way the right of the very end of his career became a Demo- theirs. minority to be heard. crat, talked about it as the talking fili- These are the people I am fighting for Madam President, at this moment I buster. He said: If you are going to ob- as we work toward a balanced and bi- yield the floor for my colleague from ject, if you are going to slow down the partisan deal in this lameduck session New Mexico, who has done a spectac- Senate and prevent the Senate from of Congress. Those are the questions I ular job at framing that we have a re- doing anything, you should have to feel very strongly we need to be an- sponsibility to American citizens to en- come down here and talk about it. swering. That is why I am absolutely able this Chamber to work and that we That is really the essence of what we focused on making sure any deal we have an opportunity at the start of are trying to do—shift the burden onto make over the next few weeks works every 2 years to have a thoughtful and the people who are obstructing to say: for middle-class families and for our considerate debate on how to fulfill Come down here and talk about it. And seniors and for our country, and that is that responsibility. The ACTING PRESIDENT pro tem- as Senator MERKLEY has said several why I have been very clear that I will pore. The Senator from New Mexico. times, it could be that what you talk not sign on to a deal that throws the Mr. UDALL of New Mexico. Madam about, you become a hero or you be- burden of deficit reduction right on to President, I ask unanimous consent come a bum in the eyes of the Amer- the backs of families and communities that the remaining time on the Demo- ican people. But the reality is that the who have already sacrificed so much. cratic side be equally divided between Senate is deliberating, the Senate is As cochair of the Joint Select Com- Senator MURRAY and me. doing its work, the Senate is engag- mittee on Deficit Reduction last year, The ACTING PRESIDENT pro tem- ing—we are engaging each other and I made it very clear: Democrats were pore. Without objection, it is so or- having a debate about those particular willing to compromise, we were willing dered. issues. to make some tough concessions, but Mr. UDALL of New Mexico. Madam I think these are commonsense pro- only in the context of a balanced and President, I say to Senator MERKLEY, posals, and the minority should under- fair deal that called on the wealthy to who has been a good friend and partner stand that we have thought through pay their fair share as well. As we all on this issue of filibuster reform, I these proposals in such a way that if know, Republicans didn’t just refuse to couldn’t agree more with his comments we were in the minority, we could live meet us halfway then, they wouldn’t and with the kinds of things he has with them. That is the crucial fact even step out of their corner. They in- been talking about: commonsense pro- here. We are not trying to ram some- sisted that seniors and the middle class posals to make the Senate work. thing through that we couldn’t live feel all of the pain in that deal and What Senator MERKLEY and I have with in the minority. I believe this that the wealthiest Americans—mil- been talking about is the way we can place can work a lot better and we can lionaires and billionaires—be protected

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6991 from paying a single penny more in just let the tax cuts for the wealthiest It would be especially tragic if there taxes. Americans expire as scheduled. We were a recession caused by a failure of Democrats rejected that deeply un- have sent that bill over to the House leadership coming out of the White fair approach, and we decided to keep now. The President said he would sign House. That is what we are trying to fighting for the middle class rather it. All House Republicans have to do is avoid, and we have a very limited than roll over and let Republicans lock pass that bill, and a significant chunk amount of time to do it. in new giveaways to the rich and major of the fiscal cliff will disappear for the As chairman of the Republican policy cuts to programs on which our families middle class. When that is done, we committee, we have come out with a depend. And then we made our case to will then continue the serious con- policy paper called ‘‘On the Fiscal the American people. We built our versation we need to have about our Cliff, Entitlement Reform Is Key’’ be- campaigns from the top to the bottom country’s budget future. cause what we see is that no amount of around the idea that budgets need to But there is no reason middle-class tax revenue will fix entitlement spend- work for our middle class and that the families should have to go into the ing when we look at the history of the wealthy need to pay their fair share. holidays not knowing if their taxes are United States. Over the last 40 years The Republican approach—the Ryan going to go up. Democrats and Repub- the average amount of tax revenue was budget plan—was literally on the bal- licans both agree that the middle class a little over 18 percent of the gross na- lot, and Romney and Ryan and other should have their tax cuts extended. So tional product. The highest ever was a Republicans were not shy about telling there is no reason the House should little over 20 percent of the gross na- the American people they didn’t think continue holding that bill and the mid- tional product. Yet when we take a the rich should pay a penny more in dle class hostage. look at the tidal waves coming at us of By the way, one conservative Repub- taxes in this deal. Well, not only did Social Security and Medicare, unless lican in the House agrees. Representa- we deal with those two tidal waves we Democrats win races across the coun- tive TOM COLE of Oklahoma told his are going to significantly have prob- try, but in exit polling it was clear colleagues and reporters yesterday: lems long term, and that message to that the vast majority of Americans ‘‘The first thing I’d do is make sure we the markets is going to be one that is supported our approach to deficit re- don’t raise taxes on 98 percent of the quite destabilizing. duction—a balanced approach, an ap- American people.’’ He said that was Tax increases do not solve the spend- proach that cuts spending responsibly ‘‘the right thing to do’’ and that ing problem. If we do what the Presi- but also calls on the wealthy to pay ‘‘where there is common ground . . . dent requests, which is raising tax their fair share. Voters spoke pretty we should seize that common ground.’’ rates on people with over $200,000 a clearly in this election, and they stood I applaud Representative COLE for that year of income, in terms of spending behind Democrats to fight for a budget commonsense and brave position. I am for next year that would pay for about deal that works for the middle class. hopeful that he can persuade other Re- 6.8 days. If we did it at the other level We are hearing encouraging words publicans to do the right thing for our of over $1 million of income as some from some of our Republican col- families, small business owners, and suggested, it would only pay for 4 days leagues who have indicated a willing- communities across the country who of spending. ness to put revenue on the table and to have so much at stake and who are I am very concerned about what I break the stranglehold DC lobbyist looking to us to solve this problem. I call the fiscal cliff. Yesterday, Politico Grover Norquist has on the modern Re- am hopeful they will join Senate reported that some Democrats want to publican Party. One of my Republican Democrats and pass that middle-class call it the fiscal slope. It is time for Senate colleagues said Republicans tax cut, and I am confident that once Democrats in Washington to stop should ‘‘put revenue on the table . . . we move forward on that bill, then searching for better sound bites and We don’t generate enough revenue.’’ both sides will sit down and listen to start looking for solutions. And he said he would not be beholden the American people, allow the President Obama has said repeatedly to the Norquist pledge. wealthy to pay more, and then focus on that he wants to take a balanced ap- Another has said: the questions families are asking proach. This balanced approach should The world has changed. And the economic about—our budgets, our priorities, our govern how we deal with other issues situation is different. Ronald Reagan and Tip fiscal health, and the future of the Na- as well and how Democrats work with O’Neill realized that in the 1980s. I think ev- tion. Republicans in the Senate. Given the erything should be on the table. Madam President, I yield the floor. challenges we face, it is unfortunate Another said: THE FISCAL CLIFF that some of the President’s closest al- I’m not obligated on the pledge . . . The Mr. BARRASSO. Madam President, I lies in the Senate are for pushing the only thing I’m honoring is the oath that I rise today to talk about the fiscal cliff exact opposite approach. take when I’m sworn in in January. this country is facing and is coming RULES CHANGES Another Republican Senator recently upon us on January 1. As my col- The majority leader and some mem- said: leagues have been pointing out, Con- bers of his party have now proposed I care more about my country than I do gress must act soon to take on the nu- what would be an unprecedented power about a 20-year-old pledge. If we do it his merous expiring tax provisions in the grab that will forever change this way, then we’ll continue in debt. sequester. I believe President Obama Chamber’s rules. It will make it easier Of course, Grover Norquist is fighting needs to supply the leadership in those for the political majority to silence back. He called those statements by efforts. If he does not, we know taxes those who disagree with them and even my Republican colleagues impure are going to go up on all Americans; we harder to find common ground. I am thoughts; he called one of them a wea- know the economy is going to be speaking, of course, about the Demo- sel. He is used to blind allegiance from thrown back into a recession; and we cratic plan to change the rules of the the Republican Party, and he is not know unemployment will return to Senate to drastically limit the use of going to take this lying down. But I am even higher rates than we have right the filibuster. hopeful that more and more Repub- now. I believe the majority leader would licans will break away from Grover Our recovery from the last recession take a dangerous step toward abol- Norquist and that they will actually has been far too sluggish. We see that ishing the rights of the political minor- follow up on their new rhetoric with a all across the country. It has left too ity and restricting the right to free and genuine willingness to help us call on many Americans still out of work. open debate. They seem to want to the wealthy to pay their fair share. Today our economy has created 9 mil- break the rules to change the rules, And it should be easy for them because lion fewer jobs than we were promised and I believe it is fundamentally wrong the Senate actually has already passed under the President’s own stimulus to break the rules in order to change a bill to do that and in a way that plan. Our economy has rebounded far the rules. This would be a terrible mis- works for our middle class. The Senate more slowly than it did following pre- take and a irresponsible abuse of passed a bill that would extend the tax vious recessions. As a nation we simply power. The rules of the Senate ensure a cuts for 98 percent of our workers and cannot afford another recession right balanced approach to debating impor- 97 percent of small business owners and now. tant matters such as the fiscal crisis.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6992 CONGRESSIONAL RECORD — SENATE November 28, 2012 Among these rules, filibuster is criti- amending bills to make them better. It has gone a long way toward gutting the cally important. is about taking the time to have the power to amend. The proposals he has The filibuster was created so that reasoned discussion that the Founders now made to do away with the power of competing groups of Senators would knew we should be having. It is about unlimited debate would do even greater actually have to work together to find maintaining the balanced approach the harm to the liberties of the people. responsible solutions—not solutions President is calling for in these impor- Many Senators here today were not based on one political ideology or the tant talks on the fiscal cliff. It is about around 16 years ago to hear that speech other. giving members of the minority and by Senator Byrd, but I hope all of us on Back when he was a Senator, Presi- the people they represent a chance to both sides of the aisle take his warning dent Obama understood the need for offer their solutions. to heart. rules to protect the rights of political Instead of allowing that measured If Members on the other side of the minorities. In 2005, then-Senator approach the Founders intended, what aisle are frustrated with how the Sen- Obama said: we are seeing is the majority leader ate is being run, look at how the ma- If the majority chooses to end the fili- has already done an awful lot to limit jority leader has set the calendar and buster—if they choose to change the rules debate. He has already restricted the cut off amendments. Don’t take this and put an end to democratic debate—then rights of minority Senators and the terrible and irresponsible step. We are the fighting and bitterness and the gridlock people they represent. He has bypassed not only arguing about the rights of will only get worse. the Senators to speak, we are not just Another former Senator was Vice committees at an extraordinary pace, and he has made unprecedented use of talking about maintaining rules for President BIDEN, currently the Presi- their own sake, or even the terrible dent of the Senate. He agreed. He said: the parliamentary trick known as fill- ing the tree. precedent that would be set under the At its core, the filibuster is not about stop- Senator REID has filled this amend- proposal of the majority leader. We are ping a nominee or a bill, it is about com- talking about the rights of the people promise and moderation. ment tree 67 times since he has been we represent, the right to be heard in At the time, in 2005, some Repub- majority leader. That is more than twice as often as the four previous ma- the Senate. licans wanted to vote on well-qualified The Senators who are so eager to judges despite Democrats’ insistence jority leaders combined. Now the ma- jority leader wants to cut off debate change our rules by breaking the rules not to. They believed we needed to should not be so eager to take away change the Senate rules to get these and abolish the filibuster. He wants to change the rules by breaking the rules. the rights of the American people votes. Back then, Democrats called whom those rules were designed to pro- this the nuclear option. That is be- He would set the precedent that just 51 Senators could band together to tect. The cost is simply too high. We cause of the damage it would do to the have too much important work to do in balance and compromise in Wash- change any rule of the Senate at any time. Currently, it takes 67 votes to the Senate. We should be focused on ington. Today some of those same doing all we can to avoid the fiscal Democratic Senators are preparing to change the rules of the Senate. In Jan- uary it might be filibusters on motions cliff, to grow our economy, and to cre- use this nuclear option themselves. ate the jobs the American people need to proceed. Then when the majority Anytime one party or group is frus- and deserve. gets impatient on something else, it trated with the Senate’s inefficiency, I yield the floor. there are always calls to change the might change the rules again. The ACTING PRESIDENT pro tem- rules. The frustration is natural, but it President Obama recognized in 2005 pore. The Senator from South Dakota. is also intentional. Our Nation’s the damage that this kind of chipping Mr. THUNE. I want to echo the words Founding Fathers purposely made the away at minority rights would do to of my colleague from Wyoming with pace of the Senate deliberate. They prospects for compromise. If Senate regard to the whole issue of the Senate wanted to make sure there was free de- Democrats succeed now, they will de- rules. I come from the House of Rep- bate on important subjects. That is stroy, for temporary political gain, any resentatives. I came to the Senate hav- what has happened now for more than hope of achieving a truly balanced so- ing first served in the House of Rep- 200 years. lution to the challenges we face as a resentatives, three terms there. The Way back in 1789, the very first ses- nation. House of Representatives, of course, is sion of the first Congress, Senators Our political system functions on very structured. There is a Rules Com- used the rules to slow down one of the majority rule but with strong minority mittee. If someone wants to get an first votes this body ever took. Natu- rights. That is true when the minority amendment considered, debated, voted rally, there were complaints at the is outvoted 51 to 49 or 99 to 1. Democ- on in the House of Representatives, time about the delay. The father of our racy is not winner-take-all. The right there is a process. They have to go Constitution, James Madison, ex- to debate is not a luxury for the major- plead their case to the Rules Com- plained the importance of the rules ity to hand out. It is essential to our mittee. that allowed the brakes to be applied system of government. Majorities are The Rules Committee can decide, no, to policymaking. He wrote: temporary. Being forced to listen to we are not going to allow that amend- If angels were to govern men, neither ex- someone give an opinion you disagree ment to be considered; we are not ternal nor internal controls on government with can be exasperating, but as a going to allow that amendment to be would be necessary. country it does us more good than debated. They can decide which amend- Angels have always been in very harm. ments are offered in what order and short supply in Washington, so voters Way, way back, John Adams wrote how much time is allowed on each must keep an eye on government offi- on the need for minorities to have the amendment. It is a very structured cials and hold them responsible. Those ability to stop the majority in the leg- process in the House of Representa- officials must also keep close watch on islature. He said: tives, but it makes it very difficult for each other. At times they must be able Every Member must possess it, or he can an individual Member to be able to to stop each other from doing harm. never be secure that himself and his con- have their voice heard in the House of Restricting the right to debate would stituents shall not be sacrificed by all the Representatives. seriously undermine the ability of Sen- rest. That is the way it works. I had the ators to keep that watchful eye. It will That was centuries ago. Sixteen luxury, I guess, while I was serving lead to more bickering, more bad years ago, Senator Robert Byrd spoke there of being in the majority. But blood, and more bills being written by to the newly elected Members of the even in the majority a lot of times I one party behind closed doors. There Senate about the history of this body. could take what I thought was a very will be less transparency, less consider- He said: worthwhile amendment, reflective of ation of the unintended consequences As long as the Senate retains the power to the views of the people who sent me in bills and less open discussion for the amend and the power of unlimited debate, there to represent them, and they American people to see. the liberties of the people will be secure. could shoot it down. I never got a The filibuster is not just about stop- Through his excessive use of filling chance to have that amendment de- ping bad ideas. More often it is about the tree, the current majority leader bated or voted on.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6993 That is what is distinctive about the sion, we could see unemployment go programs is projected to grow at an Senate. That is what the Founders in- above 9 percent if tax rates go up and unsustainable rate and we cannot sim- tended with the Senate—to allow for a sequester is triggered a little more ply raise taxes to pay for all this new open debate, to allow individual Mem- than 1 month from now. Longer term, spending. That is the problem. We have bers to come down to represent their we place unsustainable fiscal imbal- a spending problem in Washington, DC, constituencies and to debate the big ances largely because of entitlement and not a taxing problem. issues of the day in a way that is dif- programs that have not been reformed We have to make significant changes ferent and distinct from the House of in a way that aligns our current demo- in these programs to make our Federal Representatives. graphics with the needs of these pro- entitlements sustainable and in line I think what many of my colleagues grams. with today’s demographics, and we who are proposing this rules change Entitlement spending is the largest need Democrats to join us in that ef- want to see happen is they want to see driver of our national debt over the fort. the Senate function more like the long term. Those who argue that we To put a fine point on all that, I wish House. It was not designed to. This is a can dig our way out of more than $16 to mention what the nonpartisan Con- very different place. It was designed to trillion in debt simply by raising taxes gressional Budget Office report, which be a very different place where we have are ignoring reality. We have to do was issued on November 12 of this debate, where we have votes on amend- something to address what is our real year—just a couple weeks ago—said: ments, where individual Members have problem in Washington, DC; that is, ‘‘With the population aging and health an opportunity—particularly members the spending problem, not the revenue care costs per person likely to keep of the minority in the Senate—have an problem. While it is true Federal rev- growing faster than the economy, the opportunity to have their voices heard enue has declined over the past few United States cannot sustain the Fed- and the voices of their constituents years, it is due to the great recession, eral spending programs that are now in heard. not because tax rates are too low. The place. . . .’’ So this is an unprecedented power average ratio of Federal revenue to That is from the Congressional Budg- grab by the majority. What the major- GDP over the past 40 years has been et Office. ity leader is proposing is essentially to about 18 percent. According to the Con- The President’s own fiscal commis- break the rules to change the rules. gressional Budget Office most recent sion, the Simpson-Bowles Commission, That will be a legacy, if he is success- forecast, under the current tax rates— noted in its official report: ‘‘Federal ful, that he will have to live with be- the tax rates in place today—revenues health care spending represents our cause he will change the way that this from 2013 to 2022, the next decade, single largest fiscal challenge over the institution has functioned for so long. would average roughly 18 percent of long run.’’ If we think about how this ought to be GDP. Earlier this month, the Washington done, there is a process by which rules So let’s be clear about exactly what Post editorial board said, ‘‘Entitlement changes can be considered in the Sen- the CBO is saying. The CBO is telling reform must be on the table.’’ ate, and it starts with the leaders con- us Federal revenues will return to the Of the debt reduction plan, the Post sulting and talking about whether historical average over the next 10 editorial board went on to say, ‘‘No se- some of those changes ought to be put years without raising taxes on anyone. rious plan can exclude entitlements.’’ in place, whether those are appro- We are going to get back to the histor- So we have experts inside and outside priate, and then getting the necessary ical average. In fact, according to the the government, we have the editorial two-thirds vote that is required under CBO, under the current tax rates, reve- boards of newspapers around this coun- the rules of the Senate to change the nues as a percentage of GDP will reach try, all recognizing what the real issue rules. 18.6 percent by 2022, and that is more is; that is, the fact that Washington The Senate is a very different place than one-half of a percent higher than spends too much and it spends too from the House of Representatives. the historical average. much on programs that are What we do ought to reflect that. We Clearly, any deal to address our fiscal unsustainable for our future. should not have these power grabs and situation should be first and foremost What we have to be able to do is to attempts to violate the rules of the about spending, not taxes. Our spend- come up with ways in which we can re- Senate in order to change the rules in ing problem is exemplified by the past form these programs to make them a way that is completely inconsistent few years in particular. If we go back more sustainable. Of course, if we look with the history and the tradition in to the fiscal year 2007, before the reces- at Medicare spending alone, in 1967, it the Senate. What the Founders in- sion, total Federal revenue was rough- was proposed that by 1990 Medicare tended when they created the Senate, ly $2.5 trillion and total Federal spend- would spend about $12 billion. That is distinct and separate from the House of ing was approximately $2.7 trillion. So what the Congress projected when they Representatives, was to allow for de- $2.5 trillion in revenue and $2.7 trillion created that program in 1967. That cal- bate and votes on amendments. in spending, so we were still running a culation, by the way, included infla- I hope the majority leader and mem- deficit of about $200 billion a year. For tion. If we look at actual Medicare bers of his party will see clearly to do fiscal year 2012, which recently ended, spending in 1990, it was $110 billion—al- the right thing and to go about this in total Federal revenue was $2.45 trillion, most 10 times the amount that was es- the right way; that is, for the leaders basically back to the prerecession lev- timated in 1967. This year, we will to consult, and if there is a need for els, but total Federal spending was spend $550 billion on Medicare. Ten changes in the rules or modifications, above $3.5 trillion. So what happened. years from now, the Congressional let’s do it in the way it has always been Tax revenue is back to where it was be- Budget Office projects we will spend done, not by breaking the rules or fore the recession, but Federal spend- $1.1 trillion on Medicare. changing the rules. ing is now $800 billion—almost $1 tril- With regard to Social Security, for FISCAL CLIFF lion—higher than it was just 5 years the past 2 years, this program has been Madam President, I wish to speak as ago in fiscal year 2007. It is no wonder operating at a cash deficit. If we look well to the issue that was raised by my that Federal spending and our national at the next 75 years, benefits promised colleague from Wyoming; that is, the debt will continue to grow for the fore- to current and future beneficiaries ex- fiscal cliff. We are on the threshold of seeable future. ceed payroll tax revenue and trust fund something that could be very harmful According to the CBO, mandatory redemptions by $8.6 trillion. The to the economy of this country, very spending, which comprised about 60 present course of Social Security is harmful to jobs. If we go over the fiscal percent of total Federal spending in unsustainable, and the trustees report cliff, the experts are telling us—and by fiscal year 2012, is going to continue to projects that the trust fund is going to the experts I mean not only private grow, and if we look at what is driving be exhausted by the year 2033. economists but the CBO and others in that, it is Medicare, Medicaid, and So- In order to protect Social Security Washington, DC, who analyze and cial Security. Those programs alone for future generations, it, too, must be study such things—that we could represent over 40 percent of Federal reformed. We have to take on what is plunge the country into another reces- spending currently. Spending on these driving Federal spending and that is

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6994 CONGRESSIONAL RECORD — SENATE November 28, 2012 entitlement programs. We have to re- member my own difficult campaign. As est discussion about how to transform form them. Raising taxes is not the so- we reflect on this past year, we are all our Tax Code into one that encourages lution. reminded that this President, the job growth and one that doesn’t hinder The President’s only proposal so far House, and the Senate have not been it. is to raise taxes on small businesses to given any mandate by the American Third, we need to put a stop to the generate this next year what would be people. For proof, look no further than ever-increasing number of regulations. $68 billion in revenue which, by raising the close margin of victories and the Instead of encouraging businesses to the two top tax rates in the process, wide disparity in the ideology between develop and grow, Washington has in- would hit nearly 1 million small busi- the two parties. The only mandate is creased their burden with miles and nesses. What is ironic about that is for Republicans and Democrats to work miles of regulatory redtape, passed a raising taxes on the small businesses together. health care law that is costing jobs, that create jobs in this country and What we saw during this election was and continues with a top-down, Wash- that grow our economy—actually rais- an American electorate frustrated by ington-knows-best mentality that has ing taxes on them to generate $68 bil- gridlock in Washington and a Congress led to an anemic economy. lion would fund the government a little that does not get enough done for the While I do not believe sequestration under 1 week. That is what we are talk- American people. Our Nation has en- is the answer, Congress must engage in ing about. The dimensions of this prob- dured a brutal campaign season of at- honest debate on spending reform to lem are so vast we cannot solve them tack ads and partisan sniping. The ads right our Nation’s fiscal situation. Ne- simply by raising taxes and particu- are now off the air, the campaign of- vadans and all Americans deserve a larly raising taxes on the very people fices are cleaned out, and now we face federal government that is more effi- we are looking to—small businesses. some very difficult decisions. Right cient and more effective. Washington Raising taxes on small businesses now, Congress must find a way to steer cannot continue to spend money we would do harm to the economy. We our Nation away from this fiscal cliff. don’t have and place our Nation in would give back everything we get in We must move forward knowing that deeper debt and threatening future op- the form of higher tax revenue by re- the only way to build a better, stronger portunity for our children and grand- duced economic growth. We have to nation is by working together and find- children. deal with the fundamental problem we ing solutions on which both Repub- Divisive partisan politics does a great disservice to every American. have; that is, entitlements. licans and Democrats can agree. Any I hope my colleagues on the other solution to the impending fiscal cliff Far too many Nevadans are forced to side will work with us. I hope the must be a bipartisan effort that fairly stay up late at night wondering how President will work with us. The Presi- weighs the concerns of both parties. We they are going to make their mortgage dent knows what the problems are, but must find a way to come together right payment, send their children to college he has folks all across the country who now. The severe spending cuts and or feed their family. While people are putting pressure on him to not deal looming tax increases require it. across our country are struggling to with the issue of entitlement reform. Nevada is already struggling to over- get by, Congress has a responsibility to prioritize the people over the party and But I hope he will come to the table come the highest rates of unemploy- find a way to avoid this looming crisis and address this issue. We have a ment, foreclosures, and bankruptcies in the Nation. The threat of this fiscal and get our economy back on track. spending problem and we have a These next few weeks are absolutely cliff and any failure to find a solution growth problem. If we can address the critical for the health of our country. would have a real and negative impact spending problem, get entitlement pro- Similar to that moment when the on the recovery of my State. In the gram reform on a sustainable path. If President takes office, how we work to- days following the election, I received we can get progrowth tax reform put in gether to reach across the aisle and phone calls from job creators in Nevada place to grow the economy and expand find bipartisan solutions is a testament concerned about this fiscal cliff. These the economy, we can solve these prob- that our democracy—the greatest de- business owners told me this fiscal cliff lems. People across this country expect mocracy in the world—is alive and would be too much for Nevada. Their us to. The world expects us to. The fi- well. nancial markets expect us to. It can’t employees are already bearing the The ACTING PRESIDENT pro tem- be done simply by raising taxes on brunt of Congress’s inaction. Find a so- pore. The Senator’s time has expired. small businesses which so far is all we lution, they told me, and cut a deal. Mr. HELLER. Madam President, I have gotten from the administration The devastating effect this fiscal cliff ask unanimous consent to speak as in and from many of the Democrats in would have on Nevada’s small busi- morning business for an additional 2 Congress. nesses would simply be too much for minutes. We have to fix the spending problem their businesses and the small business The ACTING PRESIDENT pro tem- and the growth problem. We have a so- sector in Nevada to handle. pore. Without objection, it is so or- lution to do that. We hope our col- There are a number of issues Repub- dered. leagues will work with us to do that. licans and Democrats can work to- Mr. HELLER. I thank the Acting I yield the floor. gether on to address immediately. President pro tempore. The ACTING PRESIDENT pro tem- First, we must stop living by a tem- As I was mentioning, like that mo- pore. The Senator from Nevada. porary Tax Code. Right now, there is ment when the President takes office, WORKING TOGETHER no certainty for a small businessman how we work together to reach across Mr. HELLER. Madam President, one or woman to grow or start a new en- the aisle and find bipartisan solutions of the most visible expressions of the deavor. These men and women need to is a testament that our democracy— strength and resilience of our democ- know how to plan for the future so the greatest democracy in the world— racy is the moment when the incoming they can invest in new equipment, new is alive and well. Let’s not squander President stands on the steps of the buildings, and more employees. this opportunity to place our Nation on Capitol, lays his hand on the Bible, and Second, we need fundamental tax re- a path to greater economic prosperity. takes the oath of office. In that mo- form. As with many small businesses The American people have children ment, America undergoes a peaceful across this country, businesses want to raise, mortgages to pay, businesses transition of power that so many coun- nothing more than to grow, hire more to grow, and new discoveries to make. tries can only hope for or, as in this people, and pass on a legacy to their It is time for Congress to come to- year, the President will smoothly re- children and grandchildren that shows gether to make the tough decisions sume his duty for another 4 years. with hard work and dedication, any- necessary so that Americans can get As we anticipate this remarkable mo- thing is possible in America. As I have back to work and create a brighter fu- ment in just a few short weeks, we are often said, our current Tax Code is too ture for generations to come. reminded of the ability of the Amer- costly, too complex, and too burden- Madam President, thank you very ican people to come together, even some. There is no question the Tax much. I yield back the floor. after long and challenging campaigns. I Code is unfair and needs an overhaul. The ACTING PRESIDENT pro tem- will watch the inauguration and re- Our Nation is long past due for an hon- pore. The majority leader.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6995 Mr. REID. Madam President, what is to succeed is to basically tell those We want colleagues, Senators, who the matter now before the Senate? folks, our colleagues, that if they want have amendments to bring those The ACTING PRESIDENT pro tem- to filibuster a motion to proceed—in amendments to us. We will try, if we pore. The motion to proceed to S. 3254. this case, the Defense authorization cannot resolve them, to put them in Mr. REID. Is there further debate on bill—they are going to have to come packages. If they need to be debated this matter? over and filibuster. and voted on, that is fine. That is what The ACTING PRESIDENT pro tem- This is something which is signifi- we are here for. We are going to then pore. Is there further debate on the mo- cant. It may sound like a nuance to try to line up those amendments so tion to proceed? many. I think it probably would to that we will go back and forth to the If not, the question is on agreeing to most outside this body and our staffs extent we can between Democrats and the motion. as to what I am saying. But it is impor- Republicans offering amendments and The motion was agreed to. tant to those of us who are trying hard voting on those amendments. f to get this body to be more functional So, therefore, I intend to object, in that we use the existing rules—and I the absence of a cloture motion being NATIONAL DEFENSE AUTHORIZA- am all in favor of rules changes, by the filed, to laying aside amendments be- TION ACT FOR FISCAL YEAR 2013 way—but that we use in the meantime cause, again, in the absence of a clo- The ACTING PRESIDENT pro tem- the existing rules to get this body more ture motion pending, there is no need pore. The clerk will report the bill by functional than it is right now. And to do that and it confuses and com- title. one of those existing rules is the one plicates the life of the managers of this The assistant legislative clerk read we just used, which is to proceed by a bill. So I want to make that clear to as follows: motion to proceed, and then to indi- our colleagues. A bill (S. 3254) to authorize appropriations cate, as our leader just did, there ap- I wonder if Senator MCCAIN might for fiscal year 2013 for military activities of pears to be no one who wishes to be have a comment on that. the Department of Defense, for military con- recognized to debate it, and then for The ACTING PRESIDENT pro tem- struction, and for defense activities of the the Chair to put the question, the Pre- pore. The Senator from Arizona. Department of Energy, to prescribe military siding Officer to then put the question Mr. MCCAIN. Madam President, personnel strengths for such fiscal year, and could I say, I thank my dear and old for other purposes. to the body: All those in favor of the motion say ‘‘aye,’’ all those opposed friend from Michigan. I was recol- AMENDMENT NO. 2985 say ‘‘nay.’’ The ayes have it, and now lecting that he and I have now worked Mr. REID. Madam President, on be- we are on the bill. together for over a quarter of a cen- half of Senator UDALL of Colorado, I So, Madam President, I have a long tury. But far more important than call up amendment No. 2985. opening statement. I will, however, that, this legislation and how we han- The ACTING PRESIDENT pro tem- with the assistance here of my friend, dle it, I say to all my colleagues, can pore. The clerk will report. Senator MCCAIN, also make the fol- be a model for how this body should do The assistant legislative clerk read lowing statement. There is no cloture business: Take up a piece of legisla- as follows: motion which is filed or pending. We tion, have amendments and debate, and The Senator from Nevada [Mr. REID], for hope we can adopt this bill without a move forward. If that requires long Mr. UDALL of Colorado, for himself, Mrs. cloture motion. We are hopeful that hours, and even occasionally a Friday MURRAY, Mrs. SHAHEEN, and Mr. BINGAMAN, people who have amendments will or even more, then I think our col- proposes an amendment numbered 2985. bring them over. We will try to dispose leagues should be prepared to do that. Mr. REID. Madam President, I ask of them, either by saying we could We are not sent here for a 3-day work- unanimous consent that reading of the agree to them or we cannot agree and week. We are sent here to do the peo- amendment be dispensed with. putting them in line for debate; but ple’s business. The ACTING PRESIDENT pro tem- proceeding in a way that if folks, col- I am not proud, Madam President— pore. Without objection, it is so or- leagues, have amendments, they bring and I will not point fingers at any- dered. over those amendments and let us try body—it was judged by historians the The amendment is as follows: to work those amendments through last session of Congress was the least (Purpose: To strike section 313, relating to a this process without having to go productive since 1947. Now, maybe Sen- limitation on the availability of funds for through cloture and without having to ator LEVIN and I were around in 1947, the procurement of alternative fuel) set aside pending amendments in order but we do not remember exactly what Strike section 313. to make other amendments pending. happened in those days. But the fact is The ACTING PRESIDENT pro tem- If we can proceed without a cloture that when we are looking at basically pore. The Senator from Michigan. motion, we are not going to have to use continuous gridlock, day after day, Mr. LEVIN. Madam President, I want that process of setting aside pending week after week, month after month, to describe to the Senate what we just amendments, making other amend- then we have to change the way we do did. It is a little different from what we ments pending, because if we can avoid business. sometimes do around here, which is we a cloture motion, we are not going to Hanging over all this, I say to my have long threats of filibusters on mo- have a postcloture period where that friends on this side of the aisle, is a tions to proceed; then, we, finally, pendency of amendments becomes rel- change in the rules, which could cause often or sometimes reach unanimous evant. If we are not going to need to go what we used to call the nuclear op- consent agreements to proceed. What to a cloture, then it is not relevant tion, which we were able to avoid some we did here—and it was very delib- that an amendment is made pending years ago when this sort of same thing erate—was to proceed by motion, not because the bill is open to amendment. was contemplated on the confirmation by unanimous consent, to this bill so That is what we are hoping to do. process of judges. that if persons were going to filibuster We are willing to stay here late So we are now proceeding, I say to the motion to proceed, they were then hours. Senator MCCAIN and I have my friend from Michigan, without a going to have to come to the floor and spent a lot of time talking about this— motion to proceed, without a cloture debate it—not just simply threaten to we spent a lot of time getting this bill vote, without the normal parliamen- filibuster the motion to proceed, but to the floor, by the way; and it came tary back and forth that takes up 2 or they would have to come and actually out of our committee unanimously— 3 days of every week here, and we want debate it. Because I believe that is the but we spent a lot of time talking people to come to the floor, have correct way for us to operate. about how do we get this bill done in 3 amendments—as there is one pending Motions to proceed, I believe, have days because that is what we told the from the Senator from Colorado—we been abused. The threats to filibuster majority leader we think we can do. By debate it openly and honestly, we have those motions have been allowed to be the way, that is all the time we are votes on it, and we move forward. If it successful. One way we can overcome going to have. The majority leader has requires quite a while—because we are what has been a bad habit of allowing made it clear we do not have more than talking about this Nation’s security, threats to filibuster motions to proceed 3 days. the National Defense Authorization

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6996 CONGRESSIONAL RECORD — SENATE November 28, 2012 Act—then we should be willing to peatedly warned that these automatic, Office, the President’s request for fis- spend those hours on it. across-the-board cuts to defense spend- cal year 2013 for pay and benefits of So it seems to me, if we can do what ing, totaling almost half a trillion dol- current and retired members of the the distinguished chairman and I con- lars over the next decade, would dev- military represents more than one- template; that is, that we move for- astate the Department’s ability to pro- quarter of DOD’s total base budget re- ward with the amendments, we have vide for the Nation’s defense. Seques- quest. In light of this, the bill would open and honest debate—we will work tration would undermine the readiness establish a Military Compensation and with any of our Members to try to of the armed services; dramatically re- Retirement Modernization Commission make sure their issues and their duce our ability to project power and to review these benefits and rec- amendments get the consideration defend our interests at a time when the ommend any future changes necessary they deserve. But we also may have to world is becoming more dangerous; to ensure both quality of life and sus- put in long hours in order to do so. jeopardize the livelihood of civilian and tainable benefits for those who serve. There is no reason to use a parliamen- uniformed personnel alike; and bring In the area of acquisition and con- tary mechanism to keep us from ad- with it the likelihood of hundreds of tracting, the bill includes provisions dressing this Nation’s national secu- thousands of layoffs. Furthermore, the that would improve how the Depart- rity. The lives of the men and women way in which these cuts would be ap- ment buys weapons systems and other who are serving are dependent upon the plied will likely require that thousands goods and services by prohibiting the work we are doing, and for someone— of contracts be terminated and renego- use of cost-type contracts for the pro- individual Members of this body—to tiated at a huge cost to the taxpayer. duction of major weapon systems; re- hold up the whole process because of It is unconscionable that the Presi- quiring the Department to revise its his or her specific issue is not appro- dent has not come to the Congress with ‘‘profit policy’’ to make sure that it ef- priate treatment of this issue. a proposal to avoid the devastation of fectively incentivizes contractors to I urge all my colleagues to cooperate. sequestration, not only on our national control costs; requiring that the De- I believe we can show the entire coun- security but on our economic security partment notify Congress of potential try that we are capable of moving for- as well. It has been over a year since termination liability on contracts for ward and addressing the issues in a the Joint Select Committee on Deficit major weapon systems; and calling on measured, mature, and productive fash- Reduction, or supercommittee, admit- the Department to improve its guid- ion, which is what the American people ted defeat, and the President has ance on how it procures capability in are demanding of us. I do not need to shown no leadership and offered no so- response to ‘‘joint emergent oper- remind my colleagues of our approval lutions to the impending sequestration. ational needs’’. Many of us in this body have been ratings. But there is ample reason for Several provisions in the bill con- meeting and discussing potential alter- that disapproval because we have not tinue the committee’s strong oversight natives to sequestration. Sequestration moved forward and done the people’s of troubled programs. The bill fences 50 will take effect on January 2, just a business. percent of the funding for the second Again, I urge all my colleagues to short time from now. We need leader- Ford-class aircraft carrier until the show the kind of forbearance and the ship to avoid this disaster and to ad- Navy submits a report on how it will kind of maturity that is necessary in dress the spending and revenue issues control its construction costs, while order to complete this legislation. that have brought our Nation to the the accompanying Senate report di- I would like to take this opportunity fiscal cliff. to thank my friend from Michigan, The Fiscal Year 2013 National De- rects the Navy to recertify the current $8.1 billion cost cap on CVN–79. Other Chairman LEVIN, for his leadership in fense Authorization Act contains many writing this year’s Defense authoriza- ‘‘must pass’’ authorizations, including provisions enhance oversight of, and tion bill. We have worked together for a pay raise for our men and women in transparency into, the Navy’s Littoral many years now, and the chairman has the Armed Forces, bonuses, health Combat Ship Mission Packages; sub- set a high standard of cooperation and care, and quality of life programs that ject how the Air Force maintains and bipartisanship that befits the esteemed are essential to the readiness of our modernizes F–22A aircraft to greater history of the Senate Armed Services Armed Forces and the well-being of oversight; and continue strong over- Committee. their families. The bill helps to address sight of the F–35 program. I am pleased that we will finally have the needs of wounded service members This year’s bill also contains impor- the opportunity to discuss and debate and their families. Military construc- tant initiatives intended to ensure this crucial piece of bipartisan legisla- tion and family housing projects can- proper stewardship of taxpayer dollars tion, which has been on the Senate’s not proceed without the specific au- by codifying the 2014 goal for the De- calendar for almost 6 months. My col- thorizations contained in this bill. partment of Defense to achieve an leagues and I have come to the Senate This bill also includes important au- auditable statement of budgetary re- floor numerous times during those thorities that support our national se- sources; requiring the implementation months to ask the majority leader to curity objectives around the world, in- of recommendations provided by the call up the Defense authorization bill. cluding an extension of the Afghan Se- GAO to eliminate duplicative programs While I had hoped to get started on curity Forces Fund, a program instru- and functions; imposing additional pro- this bill much earlier, I do appreciate mental to our efforts to build the ca- tections for DOD whistleblowers; and the majority leader’s offer to bring up pacity of the Afghan Army and Police. requiring a detailed cost estimate and the bill with an open process for deal- It also extends the CERP program personnel plan for the new Defense ing with amendments. Unfortunately, which provides commanders on the Clandestine Service. here we are, with only a few weeks left ground with the ability to fund small- Another important provision would in this Congress, just beginning debate scale humanitarian projects that di- require the commander of U.S. Cyber on one of the most critical pieces of rectly benefit the Afghan people, as Command to provide a strategy for the legislation the Congress annually con- well as the Coalition Support Funds development and deployment of offen- siders. So I ask my colleagues’ coopera- program which reimburses cooperating sive cyber capabilities to serve as de- tion in offering relevant amendments nations supporting the effort in Af- terrents to, and for response in the with limited time for debate, so that ghanistan. The bill also contains a pro- event of, a cyberattack. I believe we may afford all Senators an oppor- vision mandating an independent as- strongly that cyber warfare will be the tunity to address their ideas and con- sessment of the size, structure, and ca- key battlefield of the 21st century, and cerns with respect to national defense. pability requirements of the Afghani- I am concerned about our ability to Because of the delay in bringing up stan National Security Forces nec- fight and win in this new domain with- this bill, we are considering the De- essary to provide enduring security for out a robust offensive capability. fense authorization bill under the im- their country so it does not revert to a Crafting a comprehensive, well-defined minent threat of budget sequestration safe haven for international terrorism. strategy, required under this provision mandated by last year’s Budget Con- In the area of military compensation, and others, should also spur U.S. Cyber trol Act. Pentagon leadership has re- according to the Congressional Budget Command to identify critical personnel

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6997 requirements for offensive cyber mis- the Department has struggled to put proposals that would have increased sions, which are presently under- them on contract and manage the the cost of medical care for service staffed. money for any useful purpose. members and their families by estab- Again this year, the committee re- Serious threats face our Nation, most lishing enrollment fees for TRICARE stricted further construction on Guam recently evidenced by the deaths of Standard and TRICARE for Life, and related to the realignment of U.S. Ma- four brave Americans in Benghazi, and increasing TRICARE deductibles and rines in the Pacific theater until Con- our Armed Forces are still engaged in the annual catastrophic cap; authorizes gress has a clear understanding of the operations in Afghanistan and deployed $30 million in supplemental impact aid costs and strategic implications of the around the world. At the same time, and related education programs for the proposed force realignments on our our Nation is facing a severe fiscal cri- children of service members, and ad- strong allies in the region. The bill also sis which is only weeks away, due to justs the impact aid formula to allevi- contains no funding for the Office of the unwillingness or inability of the ate delays in impact aid funds; requires Economic Adjustment activities on President and Congress to agree on a the Secretary of Defense to provide Guam, and it requires future requests solution to the current tax-and-spend- recommendations for statutory or reg- for the construction of public facilities ing stalemate. ulatory changes to further increase ca- and infrastructure be specifically au- And once again, Congress has failed reer and service opportunities for thorized by law, thereby eliminating to enact either an authorization or ap- women in the armed forces; and another potential source of earmarks. propriations bill for the Department of strengthens protections on consumer In addition, this bill would impose re- Defense almost 2 months into the fiscal credit for members of the armed forces. strictions on DOD expenditures to de- year. We have failed to provide the De- The bill includes funding needed to velop a commercial biofuels industry. I partment with a baseline to plan for se- provide our troops the equipment and strongly support continued Defense De- questration, if it is ultimately not support that they need in Afghanistan, partment research in energy tech- averted. Therefore, I urge my col- while preparing the way for a transi- nologies that reduce fuel demand for leagues to swiftly approve this legisla- tion of responsibility to Afghan forces. our weapons systems and save lives on tion so that a Defense authorization For example, the bill funds the Presi- the battlefield. But I do not condone si- bill can be enacted before the end of dent’s request for $88 billion for over- phoning defense funds from those crit- the year. seas contingency operations; fully ical efforts to pay $27 per gallon for The ACTING PRESIDENT pro tem- funds the President’s request for $5.7 biofuels or $170 million to use as ven- pore. The Senator from Michigan. billion to train and equip the Afghan ture capital for the construction of a Mr. LEVIN. Madam President, I National Army and Afghan Police— commercial biofuels refinery. This is thank my good friend from Arizona for growing the capabilities of these secu- not a core defense need and should be those comments. rity forces so those forces can continue left to the private sector, or to the De- Madam President, on behalf of the the transition to taking the security partment of Energy, which received Senate Armed Services Committee, I lead throughout Afghanistan by 2014; over $4 billion last year for energy re- am pleased to bring S. 3254, the Na- reauthorizes the use of DOD funds to search and development for related tional Defense Authorization Act for support a program to reintegrate insur- programs. The committee’s action cor- fiscal year 2013, to the Senate floor. gent fighters into Afghan society at rects this misplacement of priorities. The Armed Services Committee ap- the requested level of $35.0 million; re- Even without the massive budget proved the bill by a unanimous, 26–0 authorizes the Commanders’ Emer- cuts that will occur if sequestration is vote, making this the 51st consecutive gency Response Program in Afghani- not averted, the President last year year that our committee has reported a stan with a reduction in the Adminis- proposed $487 billion in defense budget defense authorization act. Every pre- tration’s request, given reductions to cuts by fiscal year 2021. The total fund- vious bill has been enacted into law. U.S. force levels in Afghanistan; reau- ing authorized in this bill reflects the This year’s bill would authorize $631.4 thorizes the Afghanistan Infrastruc- President’s reduced defense budget billion for national defense programs— ture Fund at a reduced level and re- plan. However, within that total fund- the same amount as the President’s stricts the availability of the author- ing, the Armed Services Committee cut budget request and $31 billion less than ized funds until the Secretary of De- an additional $3.3 billion from pro- the amount appropriated for fiscal year fense submits information on how new grams requested by the Department of 2012. U.S. forces are drawing down in projects will be sustained following Defense to fund congressional special Afghanistan and are no longer deployed completion; and requires an inde- interest items. I am concerned that, in in Iraq. However, real threats to our pendent assessment of the size and light of the budget realities facing the national security remain and our structure requirements of the Afghani- Pentagon and the Nation, at a time forces are deployed throughout the stan National Security Forces nec- when our military is being asked to globe. I am pleased that this bill pro- essary to ensure that Afghan forces are make drastic cuts in personnel, some of vides our men and women in uniform capable of providing security for their our colleagues continue to divert re- the funding and support that they need own country after 2014. sources from vital military require- as they engage in continued combat in The bill also contains a number of ments to fund unnecessary and Afghanistan, work to track down al- provisions that will help improve the unrequested projects. Qaida and associated forces in the Ara- management of the Department of De- Some argue that the Department of bian Peninsula and North Africa, and fense and other federal agencies. For Defense does not have a monopoly on perform other military missions example, the bill enhances protections good ideas. While true, the committee around the world. for contractor employees who blow the has an obligation to ensure that fund- First and foremost, this bill con- whistle on waste, fraud, and abuse on ing added to new programs results in tinues the increases in compensation DOD contracts; restricts the use of tangible value to our national security and quality of life that our service men ‘‘pass-through’’ contracts by requiring and our military personnel. Terms like and women and their families deserve that at least 50 percent of the work on ‘‘Committee initiative,’’ as used in this as they face the hardships imposed by any service contract be performed by bill, do not effectively disguise addi- continuing military operations around the prime contractor or by a subcon- tions to the budget that are earmarks the world. For example, the bill au- tractor identified in the contract; low- by any other name. Two perennial ad- thorizes a 1.7 percent across-the-board ers the cap on contractor salaries and ditions that highlight the problem of pay raise for all military personnel, ex- compensation that is allowable for unrequested authorizations are the In- tends over 30 types of bonuses and spe- DOD reimbursement from $750,000 to dustrial Base Innovation Fund, IBIF, cial pays aimed at encouraging enlist- $230,700; prohibits the use of cost-type and the Defense Rapid Innovation Pro- ment, reenlistment, and continued contracts for the production of major gram, DRIP, which together are ear- service by active-duty and reserve weapon systems, with limited excep- marked for $230 million in this bill. military personnel, and authorizes in- tions; and adds $59 million to enable These funds were not requested by the creases to several of these bonuses; the DOD IG to provide more effective Department of Defense and as a result, does not accept Department of Defense oversight and help identify waste,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S6998 CONGRESSIONAL RECORD — SENATE November 28, 2012 fraud, and abuse in DOD programs, es- with consistent numbers documenting save millions of dollars in ill-advised pecially in the area of procurement. the impact of the proposed cuts on af- cuts to that workforce. But it is not There are a number of controversial fected locations. just the acquisition workforce that issues that are not addressed in this The bill before us rejects the Air plays a critical role in ensuring that bill. Force plan and fully restores $1.4 bil- our military is prepared to meet cur- First, the sole detainee-related provi- lion in fiscal year 2013 funding for the rent and future challenges. DOD’s civil- sion in this bill is a one-year extension force structure that the Air Force pro- ian workforce also includes 45,000 of existing language addressing certifi- posed to cut—without increasing the nurses, pharmacists, and other medical cations for transfers of GITMO detain- overall top-line of the defense budget. professionals; 86,000 personnel in cyber- ees and the construction of facilities While we understand that the Air security, information assurance and re- inside the United States to house Force has to make tough choices in its lated fields; 15,000 personnel in science GITMO detainees. I understand that budget, major changes in Air Force and technology; and 6,000 personnel in some of my colleagues would like to re- structure are too important to be made intelligence functions. Our civilian em- visit issues we addressed last year re- without the support of objective anal- ployee workforce plays a critical role garding the authority to detain indi- ysis. For this reason, the committee in ensuring that our troops get the sup- viduals apprehended in the course of bill would delay the actions proposed plies that they need, that they receive our ongoing fight with al-Qaida, the by the Air Force and instead establish the pay that they earn, that their bases Taliban, and associated forces, and a national commission to provide an are safe and well-maintained, and that they have that right, but those issues objective analysis of how the structure their children receive the education are not addressed in the bill reported of the Air Force should be modified to that they deserve. Without this work- by the Senate Armed Services Com- best fulfill current and anticipated force, we would not be able to build, mittee. mission requirements in a manner con- test, and maintain the weapon systems Second, the bill does not authorize sistent with available resources. It is we need to face today’s challenges, and new rounds of base closures, as re- our expectation that this analysis will we would not be able to conduct the re- quested by the administration. In fact, provide a far more sound and defensible search and development we need to the bill includes a one-year morato- basis for future force structure deci- keep our technological edge into the rium on implementing any realign- sions. future. ment that would result in a military Second, the bill establishes a Mili- In the current budget environment, installation falling under the threshold tary Compensation and Retirement however, no area of the Department of for closure without going through the Modernization Commission to review Defense can be off limits as we look for BRAC process. The Department of De- elements of military compensation and savings. I am well aware that the De- fense has achieved savings through pre- retirement benefits with the objective partment has already developed plans vious BRAC rounds, but there are other of modernizing these systems, ensuring to reduce its civilian employee work- options—including further reductions the long-term viability and sustain- force by two to three percent over a 5- to our overseas basing structure—that ability of All-Volunteer force, and ena- year period, and is achieving additional should be considered to achieve savings bling a high quality of life for military savings through an ongoing pay freeze before Congress authorizes a new round families. In proposing such a commis- for its civilian employees. However, of base closures inside the United sion, the Department of Defense took these efficiencies initiatives were de- States. note of significant changes in the de- veloped before the current budget Third, in accordance with the policy mographics of the national workforce crunch and fall short of the 5 percent that the Armed Services Committee and private sector retirement plans, reduction planned for military end has adopted over the last two years, concerns about the extent to which strength. The cuts imposed on the De- the bill does not contain any earmarks, military compensation is deferred and partment’s contractor employee work- as defined in rule XLIV of the Standing the vesting of benefits is delayed, and force have been significantly less deep. Rules of the Senate. I continue to be- the continuing fiscal pressures on the The provision in our bill should ensure lieve that we it is wrong for us to give nation. As recommended by the De- that savings achieved in the Depart- up the power of the purse given to Con- partment, the provision in our bill pro- ment’s civilian personnel workforce gress in the Constitution. I don’t be- vides for expedited legislative consider- and contractor employee workforce are lieve that the executive branch has a ation of the commission’s rec- brought in line with the savings monopoly on good ideas; in fact, I ommendations—including an up-or- achieved through the newer, deeper think that we are often more receptive down vote on those recommendations cuts to military end strength. It is our to creative, new ideas that can lead to without amendment. Our legislation expectation that the Department will advances in the national defense than would ensure that proposed changes do utilize a deliberative, needs-based plan- the defense bureaucracy is. Nonethe- not break faith with the current force ning process to achieve this objective. less, there are no earmarks in this bill. by expressly requiring that the com- Finally, the bill includes a number of Finally, I would like to discuss four mission’s recommendations grand- provisions on energy conservation, en- issues in the bill that are of particular father all members serving in the ergy research, and alternative fuels. importance to the Department of De- armed forces as of the date of enact- The Department of Defense is the sin- fense and the Nation. ment of the provision. gle largest consumer of energy in the First, the budget proposal included a Third, the bill includes a provision United States, spending close to $20 bil- plan by the Air Force to retire or re- requiring the Department of Defense to lion a year on purchases of fuel and align various aviation units, resulting develop and implement a plan to re- electricity. I am pleased that the bill in a 4.8 percent reduction to the Air duce the size of its workforce of civil- authorizes $150 million for the Energy National Guard, compared to a reduc- ian employees and contractor employ- Conservation Investment Program and tion of only 1.2 percent to the active ees by an amount commensurate with $200 million for the research of innova- duty Air Force. The Air Force provided the 5 percent reduction in military tive technologies, including tech- no convincing justification for the im- end-strength planned through fiscal nologies that will enhance energy secu- balance in these cuts. Some of the pro- year 2017. This provision recognizes the rity and independence, through the posed cuts in National Guard force reality that a reduction in military Rapid Innovation Program. In the long structure were accompanied by pro- end-strength and force structure run, these 12 investments should result posed increases in active duty force should be accompanied by a com- in substantial savings in fuel costs, re- structure for the same aircraft. The ra- parable reduction in supporting ele- duce logistics requirements for mili- tionale provided for other cuts was in- ments. tary operations, and enhance our en- consistent with statements that the In recent years, we have come to un- ergy security. Air Force made as recently as two derstand the critical role played by the The bill also contains two provi- years ago about the capability of its acquisition workforce—and the risk sions—each adopted on a razor-thin 13– aircraft. In fact, the Air Force was un- that we could lose billions of dollars in 12 vote—restricting the Department’s able even to provide the committee failed acquisition programs by trying continued investment in alternative

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S6999 fuels. The first provision prohibits the luded, I rise specifically to speak to my In the carrying out of the work of our use of fiscal year 2013 funds for the pro- amendment No. 2985, which I have in- Nation, the Department of Defense duction or purchase of an alternative troduced in concert with our military consumes approximately 330,000 barrels fuel if the cost exceeds the cost of tra- officials and leadership. of oil every single day. That works out ditional fossil fuels available for the As a proud member of the Senate to 120 million barrels of oil per year. same use. The second provision pro- Armed Services Committee, I have de- That is a truly staggering number. hibits the Department from entering signed this amendment to support the This year, given those numbers, the into a contract to plan, design, or con- Department of Defense and their ef- military has already spent $15 billion struct a biofuels refinery or any other forts to pursue alternative fuels and on fuel. Because of rising global oil facility or infrastructure used to refine energy investments. Senators MURRAY, prices that is about $2.5 billion more biofuels, unless specifically authorized SHAHEEN, BINGAMAN, HAGAN, KERRY, than they forecast, and the year is not by law. These provisions may result in BEGICH, and TOM UDALL have joined me even over yet. We have another month short-term savings, but they will im- in cosponsoring this legislation. to go. pose significant long-term costs by un- We, as Senators and as Americans, Those rising costs in dollars and dermining the Department’s efforts to frequently acknowledge the courage operational capability are staggering. diversify its fuel supplies and enhance and the sacrifice of our troops. But I Think of it this way: For every 25-cent would also point out that they are in- its energy independence and security. increase in the price per gallon of oil, credibly smart, insightful, and forward It is my expectation that we will re- the military’s fuel bill increases by $1 thinking. In order to keep ahead of cur- visit these provisions as we debate this billion. So then what happens? In order rent enemies and future threats, our bill on the Senate floor. to make up for that shortfall, the DOD As of today, we have roughly 1.4 mil- military leaders must be students of then has to pull money from the oper- history. They have to understand the lion U.S. soldiers, sailors, airmen and ations and maintenance accounts, past in order to predict the future. marines serving on active duty—with which means that rising fuel costs re- They have to be ready to face chal- tens of thousands engaged in combat in sult in less training, deferred mainte- lenges from the air, sea, and land, and Afghanistan and stationed in other re- nance, and reduced operational capa- now increasingly from the cyber do- gional hotspots around the globe. bility. main. They must prepare to defend our While there are issues on which Mem- Let me be clear. The current lan- Nation from hostile nation States such bers may disagree, we all know that we guage that was added to this bill by as Iran and from terrorist organiza- must provide our troops the support some of my colleagues tells the De- tions such as al-Qaida. fense Department they cannot pursue they need. Senate action on the Na- In order to do all of this, they must energy security and instead must rely tional Defense Authorization Act for have the best technology in the world. on an energy source that is quickly Fiscal Year 2013 will improve the qual- We must also provide them with the eating away at their capabilities and ity of life of our men and women in flexibility to adapt to an ever-changing effectiveness. That means our people uniform and their families. It will give landscape and the resources they need them the tools that they need to re- to research, develop, and employ new are less prepared when they go into main the most effective fighting force technologies. That is our solemn com- harm’s way, and they are less ready to in the world. Most important of all, it mitment, and I would offer our solemn fight when it matters most. For me, will send an important message that responsibility, to those who fight on and I hope for the majority of my col- we, as a Nation, stand behind them and our behalf. They have placed them- leagues, that is far too steep a price. That is why the DOD is investing in appreciate their service. selves between us and harm’s way. In technology to increase fuel efficiency, I look forward to working with my return, we promise to invest in the promote conservation, and to find al- colleagues to pass this vital legisla- technology, training, and resources tion. they need to stay safe. ternatives to foreign oil. General AMENDMENT NO. 2985 For me and many of our colleagues Dempsey, the Chairman of the Joint Senator UDALL’s amendment is now that includes encouraging, supporting, Chiefs of Staff, has said simply but pending, and I am wondering whether requiring, actually, the DOD to invest powerfully: Saving energy saves lives. there is a time agreement yet on this in energy sources and fuel technologies It should tell us something that in an amendment and, if not, whether we can that reduce our dependence on foreign era of reduced DOD budgets our senior work on a time agreement. oil. Ultimately, section 313 of the De- leaders remain fully committed to this The ACTING PRESIDENT pro tem- fense authorization bill before us today effort. We should support them in these pore. The Senator from Colorado. would severely limit the ability of the commonsense approaches. That is why Mr. UDALL of Colorado. Pursuant to Department of Defense to use alter- the DOD is funding research and devel- Senator LEVIN’s question about a time native fuels. opment for new fuels that can be made agreement, I ask unanimous consent Given the threats facing our Nation from biological feed stocks. And these that the majority side have 30 minutes today and in the future, that is not ac- are fuels that can be literally grown to speak to my amendment and the Re- ceptable. I want to point out the De- here and refined here, right in our own publican side have 15 minutes to speak partment of Defense strongly opposes country, right at home. to my amendment. the constricting provisions in the cur- This R&D effort I am alluding to is The ACTING PRESIDENT pro tem- rent Defense authorization bill for that part of a proud legacy of military re- pore. Is there objection? reason and for a number of other rea- search programs that have benefited Without objection, it is so ordered. sons. I want to quote what the Office of our entire country through many dec- The Senator from Colorado. the Secretary of Defense says about ades. So what I am saying is even Mr. UDALL of Colorado. I ask unani- section 313. under the threat of sequestration, in- mous consent to speak to my amend- The OSD says that 313 is ‘‘detri- vestments in new energy technology ment for 10, 12, maybe 15 minutes. I mental to DOD’s long-term energy se- and alternative fuels remain a top pri- know Senator INHOFE would like to curity;’’ that it is ‘‘overly broad,’’ ority for our military leadership. For speak. Then I have additional speakers ‘‘ambiguous,’’ and it ‘‘restricts the those who would say we cannot afford on our side. flexibility of military commanders.’’ to spend money on alternative fuels, The ACTING PRESIDENT pro tem- Those are the DOD’s words about this our uniformed senior leaders tell us pore. Without objection, it is so or- section. I want to point out I strongly otherwise and, in fact, suggest that we dered. agree with those words. Therefore, I cannot afford not to make these invest- Mr. UDALL of Colorado. Madam have offered this very simple amend- ments. President, I rise today in support of the ment that would remove this limiting Let me share another way of looking Department of Defense and our men provision from the bill. I firmly believe at this. The investment is tiny when and women in uniform who stand that removing section 313 of the De- we compare it to the potential payoff. watch around the clock around the fense authorization bill is in the best For less than .03 percent of the defense world to protect us from a truly stag- interests of our military and our coun- budget, our military is building a foun- gering range of threats. As I have al- try. Let me tell you why. dation for a new domestic energy

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7000 CONGRESSIONAL RECORD — SENATE November 28, 2012 source that could save billions of dol- energy programs would have us believe The PRESIDING OFFICER. The Sen- lars and keep more of the money we do that alternative fuel prices are ator from Oklahoma. spend on fuel right here at home. unaffordable. But let me share some Mr. INHOFE. Mr. President, it is my We spend about $300 billion a year on facts. understanding that the Senator from overseas sources of oil—$300 billion. If In 2009 the Navy paid about $66 per New Hampshire has a time issue and we could keep one-twentieth of a per- gallon for biofuels used for research. she would like to have 5 minutes before cent of that money at home we would But that price decreased over a 3-year my time will begin. That is acceptable. pay for this program. Let me put it in period by 61 percent. During that same I yield 5 minutes to my friend from perspective another way. period, oil prices rose by about 120 per- New Hampshire. For about half of what we spend on cent. Today, right now, drop-in biofuels The PRESIDING OFFICER. The Sen- military bands each year, we could be for cars and jet aircraft are available ator from New Hampshire. establishing a domestic energy indus- for around $4 per gallon. These costs Mrs. SHAHEEN. Mr. President, first try. For less than the cost of a single will continue to drop if we keep mak- of all, I appreciate my colleague’s gra- F–35, we could diversify our energy ing smart investments in smart tech- ciousness in allowing me to speak first. portfolio and drive down costs. We nologies. I rise today in support of Senator would be taking billions of dollars out These are the facts, but even if we UDALL and his amendment, which of the hands of terrorists and reducing disagree with those points, there is an- would restore the Department of De- the risk to our military personnel. other important factor I hope we will fenses’ ability to invest in advanced So in that context, what is the prob- consider. Section 313 of the Defense au- biofuels. I don’t think we should be lem? Well, the proponents for cutting thorization bill harms military mis- tying the hands of our military as they off these investments in alternative sions and technologies that are being attempt to manage a significant na- fuels argue that the Defense Depart- used right now to find and destroy our tional security threat our energy de- ment should not be involved in the de- enemies. pendence. velopment of new energy sources. I Let me explain. The Office of the As our Nation has become more tech- think it has already become clear, but Secretary of Defense has said the lan- nology dependent, our energy use has I want to say it again: I could not dis- guage is so broad and so poorly defined increased dramatically. Businesses and agree more. These biofuels, when we that it would prohibit the DOD from families are more conscious than ever produce them, cannot be used as lever- purchasing any nonpetroleum fuel that of how they use energy and its costs. age against us. These refineries cannot costs more than traditional fuels. So Our military is no different. be overrun by Nigerian rebels or block- we have to ask, what does that mean? Advanced technology has not only re- aded by Iranian gun boats. Let me give a couple of examples. shaped our economy, it has also Energy security is national security. That would include the solid oxide changed how we think about defense. This is exactly the kind of investment fuels used in rockets and missiles. That No matter how you look at it, as long our military should be making. In fact, would include coal-to-liquid fuels. That as we are dependent on other nations military R&D has sustained the enor- includes alternative fuels purchased for our energy, we have a fundamental mous technological advantage that we overseas where there are no petroleum- strategic vulnerability. Fortunately, have maintained over our adversaries based fuels available, like in South Af- for the first time since the oil crisis in historically. Our willingness to invest rica and in countries that have manda- 1979 our military is making real in the future has kept us safe. So my tory alternative fuel blends. It re- progress addressing it. I hope we will colleagues say the DOD should not be stricts fuel blends to a 50–50 ratio, even get out of their way. spending money on energy develop- if that is not the best or the most prac- Over the past ten years the Depart- ment. I would respectfully remind tical mix. ment of Defense has invested signifi- them we have always spent money on So the outcome of that would be if cant time and resources into improving energy development, and it has made the DOD wanted to use a more efficient our nation’s energy security. us safer. or cost-effective mix of traditional fuel Energy security is not some sort of If that view had prevailed in years to biofuel, they would not be able to do feel-good, pie in the sky, goal that passed, we would not have a nuclear- so. So I believe section 313 of the bill would be nice to have. Energy security powered Navy. Without military in- we are debating will send the wrong po- is imperative to the success of today’s vestment in emerging technologies, we litical message as well. It will make in- military, and it becomes more critical would not have jet engines, microchips, vestors wary of the U.S. Government’s with each passing generation. microwave ovens, radar, or GPS navi- commitment to weaning ourselves off As our Current Chairman of the Joint gation. Ensuring our energy security foreign oil. It would help keep us reli- Chiefs General Dempsey has said: With- ought to be a national priority. Our re- ant on foreign oil. Let me list the out improving our energy security, we liance on foreign oil is a threat to our countries: Russia, Venezuela, Iraq, are not merely standing still as a mili- security and our economy. Our reliance Saudi Arabia, I have not even men- tary and as a Nation, we are falling be- on foreign oil harms our economy and tioned Iran. hind. our national security. Now we have the It is poorly drafted and damaging to Let’s be clear: Energy security is na- chance to do something about it. our security. Instead, we have an op- tional security. Our military leader- This is a national problem. That is portunity today to help our military ship understands this. Our Sailors, Sol- why DOD has partnered with the De- and our country. This is how we move diers, Airmen and Marines understand partment of Energy, Department of Ag- forward. This is not about an environ- this. Other countries including some of riculture, and private industry to find mental agenda or some kind of a green our strongest competitors also under- a solution. That is exactly how our conspiracy. It is about doing the right stand this. And we ignore this fact at government is supposed to work. thing, supporting our military brass, our own peril. If we believe the DOD has a vested in- establishing a stronger national secu- As is often the case when our mili- terest in having reliable sources of fuel rity and energy security posture in the tary commits itself to a new mission, and energy, then we should agree they years ahead. particularly when you add a little have a role to play in ensuring that I urge my colleagues to support my friendly inter-service competition, we new fuels we have to develop meet amendment to strike section 313. As I are seeing dramatic results. For exam- their needs. conclude, I ask unanimous consent ple, new solar arrays and mini smart Now, as with any technology, the that Senators Gillibrand and TOM grids have allowed Marines at Forward cost of alternative fuels starts high, UDALL be added as cosponsors to my Operating Base Jackson, in Helmand but they are coming down steadily. As amendment No. 2985 to S. 3254. province, Afghanistan to cut their fuel we all know, the price of oil continues The PRESIDING OFFICER (Mr. use from 20 gallons to 2.5 gallons per to climb and, equally important, is FRANKEN.) Without objection, it is so day. More efficient cargo management subject to those sudden spikes due to ordered. and routing are projected to save Air unpredictable global events. My col- Mr. UDALL of Colorado. I yield the Mobility Command half a billion dol- leagues who are opposed to the DOD floor. lars over the next decade. By reducing

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7001 drag, new stern flaps are expected to seen at the gas pump—associated with this period of time coming out of our save the Navy almost $500,000 annually protecting our shipping lanes and oil defense budget. per ship in fuel costs. supplies. For over 60 years, we have Even the Secretary of Defense, Presi- I saw the Navy’s new stern flaps in been patrolling the Persian Gulf. These dent Obama’s Secretary of Defense, person earlier this year during an En- costs for oil remain underappreciated. said that would be devastating. He used ergy Subcommittee hearing I chaired The fact is, throughout its history, the word ‘‘devastating.’’ But if that aboard the USS Kearsarge. The purpose our military has played a leading role were not enough, the Obama adminis- of the hearing was to highlight the sig- in energy innovation and development. tration continues to force the military nificant advancements the Navy con- From wind, to coal, to oil, to nuclear to spend greater proportions of its al- tinues to make in both energy effi- power, their ability to exploit new ready depleted funds on an expensive ciency and harnessing new, renewable forms of energy has been key to our green energy agenda, to include the energy resources. One of those impor- Nation’s technological edge and com- purchase of biofuels for operational use tant, home-grown energy resources is bat effectiveness. As Admiral Greenert, and construction of commercial biofuel biofuels. Chief of Naval Operations, has noted, refineries. Biofuels offer reliable, domestic en- ‘‘efforts to reduce the Navy’s depend- I fully support the development and ergy, capable of powering our most ad- ence on fossil fuels and outdated en- the use of alternative fuels, including vanced military equipment. The Navy ergy technologies is in the finest tradi- biofuels, but not at the expense of the recently demonstrated the capabilities tions of military scientific leadership.’’ military. Secretary Mabus’s primary of advanced biofuels during a massive For our military the issue of energy focus must be or should be on the read- exercise that featured a Carrier Strike security and investment in biofuels is iness of the Navy, not on propping up Group powered exclusively on renew- simple: dependence on foreign oil is a the biofuel industry. able energy, highlighted by a F–18 trav- strategic vulnerability, creates prob- By the way, I have to remind every- eling at twice the speed of sound and a lematic fluctuations in the defense one we have a bureaucracy called the ship traveling at 50 knots. budget, and puts our men and women Department of Energy. They are the Despite biofuels’ impressive perform- in uniform at unnecessary risk. ones who are supposed to be doing all ance record and their potential stra- We need to make sure our military of this experimentation we talked tegic impact, we continue to hear two leaders are able to continue their his- about. Our Navy, according to the arguments against further investment toric tradition of identifying long-term Chief of Naval Operations, ADM Jon by the Department of Defense. challenges and seeking innovative Greenert, will see a 15-percent increase The first is that energy investments ways to solve them. Energy use is no in the number of ships set to deploy, should be handled by the Department different and nothing—including the with the number of ships and attack of Energy and not the Department of Congress—should get in the way. We boats deployed at any time rising from Defense. can’t allow the debate over the mili- 93 today to 107 by 2016. This increased Energy security is going to require tary’s energy use to become a proxy for deployment rate will impact sailors an all-of-government approach, and other ideological debates around en- and marines as well as the required that is the direction we are currently ergy. We should let our military do maintenance of ships and aircraft. going with the Department of Agri- what it does best. We should let them President Obama talked about piv- culture and the Department of Energy lead. oting to Asia from the Middle East and playing a fundamental role on the Mr. President, I yield the floor. some of the concentrations. This is biofuels initiative. In addition, as the The PRESIDING OFFICER. The Sen- going to create another very serious largest fuel consumer in the world ator from Oklahoma. problem. When every defense cut dollar today—and by far the largest in the Mr. INHOFE. Mr. President, I hear degrades our military readiness, why U.S. Government—the Department of all the time from my good friend who should we want our Navy to pay four Defense has a special role to play in is involved in this. In this rare case it times the amount than almost any this effort. is true. The Senator from Colorado and other fuel, or in some cases 100 times Moreover, because of our dependence, I are very close friends, and he and I the amount? With a military budget we continually send our men and disagree on this issue. I think it is im- that continues to decrease, where is women in uniform into harm’s way to portant for us to understand where this the Navy going to get additional fund- maintain our access. In the past year came from. Senator MCCAIN and I are ing to pay its biofuel bill? alone, the Arab spring, conflict in responsible for section 313, and I think What is the Navy willing to give up Libya, and the threat of Iranian min- when people understand what it is, all in order to pay this bill? What is DOD ing of the Strait of Hormuz have all of these arguments I have heard willing to give up in order to pay the demonstrated the challenges of assur- against it, none of them holds weight. higher fuel bills? They have been talk- ing continuous access to overseas oil. What we are trying to do is experiment ing about this on the other side. How- Not only is access to oil difficult to in green energy at the expense of our ever, the higher fuel bills are not what maintain, instability in the global ability to defend America, and our this section 313 is all about. We dis- price of oil continues to plague our readiness. Our military is deployed in cussed this in the committee. I fully economy and our defense budget as more locations around the world at a support the efforts that make it afford- well. Every $1 dollar increase in the greater rate than was ever the case able are mixed in, but biofuels still price of oil per barrel costs DOD $130 during the Cold War. I sometimes say, face challenges in technologies that re- million. Last year alone, the Depart- I look wistfully back on the days of the main imprudent. Again, we have a De- ment was forced to shuffle $1.3 billion Cold War. Back then we had an enemy partment of Energy that is supposed to from other accounts to cover increased we could define. It was an enemy who be doing this. fuel costs. was predictable. That is not the case This is a 2011 RAND report, which The second criticism we often hear is anymore, and after almost two decades says: fighting and all of these contingencies that biofuels are too expensive. There is no direct benefit to the Depart- It is true that advanced biofuels are worldwide, including four major re- ment of Defense and the services from using not yet in full production and cannot gional conflicts with a force structure alternative fuels rather than petroleum-de- compete with an oil market that is that is 40 percent smaller and equip- rived fuels. In short, the military is best over 100 years old. However, in the last ment that is decades older than the served by efforts directed at using energy two years alone, DOD investment has military readiness during its decline, more efficiently in weapon systems and at caused the price to drop dramatically. this is what we are faced with right military installations. Moreover, biofuels are more immune now. All of this is coming at a time That is a 2011 RAND Commission di- from the price-shocks that are increas- when the Obama administration has rect quote. ingly consuming our defense budget. cut the defense budget, projecting over Despite the recent assertions by In addition, as many of you know, the 10-year period, by some $487 billion. biofuel lobbyists that the two biofuel there are significant costs to tradi- If the Obama sequestration becomes a provisions in S. 3254, the National De- tional foreign sources of energy—un- reality, that would be $1 trillion over fense Authorization Act for fiscal year

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7002 CONGRESSIONAL RECORD — SENATE November 28, 2012 2013, do not restrict the Department of in gas prices costs $30 million, a $27 in- public lands how long would it take for Defense from purchasing alternative crease in fuel costs due to the forced the first barrel of oil that would come fuels, including biofuels, section 313 al- use of biofuels would add up to about from that to reach the pumps? Other- lows the continued use of the Depart- $660 million. So that argument falls wise, you go through the refining proc- ment of Defense funding for biofuels completely flat. ess and all of that, because we have for testing but precludes them from Realizing that the economic angle is heard this administration say it would using the funds authorized for readi- a political loser, the Obama adminis- take 10 years. Well, in fact, it would ness and training. That is what this is tration has tried to say that it is about take—his answer was—and I said: Be all about, readiness. national security in getting off of for- careful, Harold Hamm, because I am Section 313 contained in the bill is in- eign oil. That is where I want to get. going to use your name on nationwide tended to restore fiscal responsibility I spent several years as chairman of TV. He said: Yes, I have thought about and accountability for defense spend- the Environment and Public Works this. It would take 70 days. Not 10 ing at a time when our Nation simply Committee and several years as the years but 70 days. cannot afford to waste taxpayers’ funds ranking member. All during that time, So we are talking about sufficiency on speculative green initiatives such as people were saying the one thing we all that we could have just in this country Solyndra and dozens of other compa- agree on is we need to be off of foreign in a matter of days, not in a matter of nies that are foundering or bankrupt oil. We need not to be dependent upon years. And I only bring that up—and I despite billions of government invest- the Middle East. Yet right now we know people don’t think it should be ment, as they call it. know no one is going to refute this part of this debate, but it is because A recent DOD report revealed that fact, no one in this room, no one today they are using the argument that we the biofuels program will amount to an or in the future, that when we had the have to use billions of defense dollars extra $1.8 billion a year in fuel costs to USGS reports and the other reports in experimenting with biofuels to wean the Navy alone. That is just the Navy, saying that we now are in a different us off fossil fuels when, in fact, we are not the Air Force, not the rest of them. position than we have been before. Peo- doing that now. And we have a Depart- This ludicrous pricetag is not sur- ple are saying of the resources and the ment of Energy that is responsible for prising. reserves in fossil fuels—and I am talk- actually carrying that out. The argu- Through congressional oversight ef- ing about ‘‘oil and gas’’—we are No. 1 ment completely falls on its face. forts, we found that in 2009—now listen in the world now. We didn’t used to be. It was the U.S. Geological Survey re- to this, this is significant—the Navy Two years ago we couldn’t have said port that revealed that America has 26 paid an outrageous $424 a gallon for that. Right now we are. We have the percent of the world’s recoverable con- 20,000 gallons of renewable diesel. In opportunity, and we can look at the op- ventional oil reserves—which is more December of 2011, the Navy purchased portunity, in terms of our reserves that than we are using, so we could become 450,000 gallons of biofuels for $12 mil- are usable, of being totally self-suffi- independent—and almost 30 percent of lion, equaling about $27 a gallon. That cient. the world’s technically recoverable is $27 a gallon we are talking about in The other thing that is so disturbing, conventional gas resources. So with all our defense budget when we are paying when people talk about they don’t these things in mind, the Congressional for something that should cost $3, want to be dependent on the Middle Research Service agrees and the USGS maybe $4 a gallon. East, therefore we have to spend bil- The Navy is not the only service lions of defense dollars to experiment agrees we could become independent. being subjected to this greening agen- on biofuels when, in fact, we could be So it all comes together. da. Last month the Air Force bought completely self-sufficient, all we have This isn’t happening in a vacuum. We 11,000 gallons of alcohol to jet fuel at to do is do what every other nation in have a good bill here, and we need to $59 a gallon, twice as much per gallon the world does, and what is that? Every get it done in the short period of time as what the Navy was forced to spend. other nation in the world depletes it. given us by the leadership. I think we So we are talking about amounts such They go after their own resources. We can do it. I agree with the chairman of as $400, $450, and $29 a gallon for fuel have recoverable reserves in gas and oil the committee that we can get this just to experiment, and this is some- to take care of this country for the done. But this one amendment is one thing the Department of Energy should next 50 and 90 years, respectively, and that would, probably more than any be doing if anyone is going to be doing yet we are trying to use this as an ar- other amendment, take away our abil- it. gument to go and spend this money on ity to spend this money on readiness— DOD has been forced to drastically experimental biofuels. I think that on readiness for the experimental pro- cut its personnel, the number of bri- part of the argument has to be exposed gram on green energy. gade combat teams, ships, fighters, and for what it is. It is a phony argument. With that, Mr. President, I yield the airlift, and it has had to eliminate or You know, we look, we see, and peo- floor and reserve the remainder of the postpone critical military moderniza- ple ask from around the world, they time. tion programs. Now thanks to Presi- say why is it that your country, the Mr. LEVIN. Mr. President, I ask dent Obama’s defense budget cuts, DOD United States—in my position on this unanimous consent that at 2 p.m. can’t afford to do business as usual. committee I have been asked this today the Senate proceed to vote in re- Yet they are being coerced to spend $27 many times—why is it that you are the lation to the Udall amendment No. a gallon. only country that won’t exploit its own 2985; further, that there be no second- Secretary Panetta has warned re- resources, and I say, well, it is a polit- degree amendment in order to the peatedly that President Obama’s deep ical thing. amendment prior to the vote. cuts will have a devastating effect to Right now if you want to do some- The PRESIDING OFFICER. Is there our economy. He used the word ‘‘dev- thing about becoming energy totally objection? astating’’ when he talked about what sufficient—I asked the other day, be- Without objection, it is so ordered. was going to happen if he is successful cause the President keeps saying, well, in the next step, which would be the se- you know, you are wrong because if we The PRESIDING OFFICER. The Sen- questration. were to develop all of our public lands ator from Oregon. Knowing this, how could anyone sup- and be able to get the resources off of Mr. WYDEN. Mr. President, I wish to port including another $1.8 billion from that, it would take 10 years for that to commend Chairman LEVIN, who has an already stretched budget? President reach the pump—I actually called up a brought his usual thoughtful approach Obama’s climate chief, Heather Zichal, man named Harold Hamm. He has tes- to these issues, and to thank him for defended the green fleet by arguing tified before our committees up here in his help specifically in two areas in that even a dollar rise in gasoline Washington several times. I said, let which I have been interested. prices would cost DOD $30 million. I me ask you a question. I am going to I also see my friend Senator MCCAIN. think my good friend, the Senator from be on a TV show and they are going to He and I have worked often on these Colorado, said essentially the same ask me, if this administration would and other matters, and I thank him for thing. I agree with it. If every $1 of rise lift all of the restrictions we have on his wise counsel as well.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7003 Mr. President, as I indicated, I am The Truman National Security they are putting their lives on the line, going to talk briefly on two amend- Project recently held a press call with but they expect their commanders and ments in which I have a special inter- retired generals, and one in particular the contractors working beside them to est. The first is the amendment of Sen- was quoted as saying the following: not expose them to unnecessary risk. ator UDALL to strike section 313 of the Moving away from oil . . . ensures we re- Both the DOD inspector general and bill. main the most capable and effective fighting a jury have confirmed what Oregon sol- As a member of the Senate Com- force on the planet. . . . And this is what diers and I and other members of the mittee on Energy and Natural Re- this is all about. This is not about politics or Oregon congressional delegation have sources, I have followed closely the saving polar bears. It is about being effective been saying for years—that KBR failed proposition that the Department of De- as a fighting force. to protect our soldiers from a known fense is the single largest user of en- Those are not my words but the threat. We can’t know if the fact that ergy in the United States, with annual words of an important retired general. KBR had basically a get-out-of-jail-free fuel expenditures in excess of $16 bil- So that is what this boils down to, in card caused them to be negligent, but lion. This is an extraordinary thirst my view—having the most effective what we do know is we shouldn’t let the Department of Defense has for en- fighting force and being in a position this happen again. ergy. It creates a host of issues for the to save the lives of our servicemem- My amendment was debated as part Pentagon, and fluctuations in global bers. of the last DOD authorization bill, and energy prices can have dramatic effects I know there is going to be a fair my understanding is that it was actu- on defense spending. For every $10 in- amount of discussion throughout the ally acceptable to both sides, but we crease in a barrel of oil, it costs the debate on this bill about this issue, but weren’t able to get it into the final bill. American military annually an extra I continue to believe that energy effi- I hope now, especially in light of to- $1.3 billion. ciency and energy self-sufficiency in- day’s news right over the wire services Recognizing the potential instability crease our national security. I hope my this morning, we can agree to include DOD’s current energy needs can cause, colleagues will support the Pentagon’s this amendment before more of our military experts from across the var- alternative energy efforts and vote for brave men and women in uniform are ious branches of the armed services Udall amendment No. 2985. harmed by the actions of negligent have begun looking at ways to cut en- Briefly, I wish to turn my attention contractors who then try to pass the ergy use and find energy alternatives. I to the other amendment I have, and I buck to American taxpayers. continue to hear all of this discussion again thank Chairman LEVIN and Sen- I again thank Chairman LEVIN and about how this is somehow a ‘‘green ator MCCAIN for giving me this oppor- his staff for their leadership, and I look agenda,’’ that it is a subversive plot tunity to speak. forward to working with them, particu- and that it is being forced upon a re- This morning the Associated Press larly on this amendment here this sistant Pentagon. I would like to take reported that Iraq war contractor Kel- afternoon. a minute or two to say that I don’t logg Brown & Root has sued the Fed- With that, Mr. President, I yield the think anything could be further from eral Government to pay the $85 million floor. the truth, and I wish to describe for a in damages KBR owes soldiers sickened The PRESIDING OFFICER. The Sen- moment why I feel that way. because of KBR’s negligence. First, those who oppose defense en- ator from Michigan. This case started in 2003 when mem- Ms. STABENOW. Mr. President, I ergy initiatives often argue that in to- bers of the Oregon National Guard were rise to speak in favor of the Udall day’s fiscal environment, the country assigned to provide security for con- amendment, of which I am very pleased can’t afford to waste money on energy tractors from KBR in Iraq at the programs when it is necessary to pro- to be a cosponsor. I want to start, Qarmat Ali water treatment facility. vide for our Nation’s security. I don’t though, by thanking our terrific chair- These soldiers and others were exposed believe it is an either/or proposition be- man, who we are so proud is from to dangerous levels of chemicals, in- cause my view is that an investment in Michigan, and the distinguished rank- cluding sodium dichromate, which con- energy efficiency and energy self-suffi- ing member for all their hard work in tains hexavalent chromium, one of the ciency is hugely important to pro- putting together what is incredibly im- tecting our country’s national security most carcinogenic chemicals on Earth. portant to support our troops and what A group of the exposed soldiers sued in a dangerous time. they need, for their families’ needs, and I have heard some argue that mili- KBR based on the evidence indicating giving us tools for a strong defense. tary research, development, and test- KBR managers were aware of the pres- Part of having a strong defense is ing of alternatives to oil-based fuels is ence of the dangerous chemicals but making sure we give the military the a ‘‘misplacement of priorities,’’ but failed to warn the soldiers working in flexibility they need and deserve to use this argument is based largely on the and around the plant. A jury recently the fuels that make sense for them and proposition that biofuels currently cost agreed that KBR was negligent and not tie their hands for any reason. As more per gallon than petroleum. But awarded the soldiers $85 million in we go forward, we know there are op- the reality is that the makers of damages, and more of the affected sol- portunities to both save lives and dol- biofuels have not reached full-scale diers also have lawsuits pending, so the lars by using a variety of fuels. This production, and the Department of De- damage awards, in my view, are likely amendment, by striking language that fense contracts include research and to increase significantly. stops the military from having that development costs. So any attempt at However, a recently declassified in- flexibility, is very important. a gallon-to-gallon analysis of biofuels demnification provision in the contract We all know our dependence on oil versus petroleum is really what I would between KBR and the U.S. military for has serious costs in terms of dollars call an apples-to-oranges comparison. work in Iraq passed all financial liabil- but, more importantly, in terms of The fact is that DOD investments in ity for misconduct from KBR to U.S. lives. One in every 50 convoys results biofuels development have resulted in a taxpayers, even in cases of—and I want in a U.S. casualty. We lose an Amer- cost-per-gallon reduction—a cost-per- to emphasize this—willful misconduct ican life from every 50 convoys. Since gallon reduction of 94 percent in just by KBR. These provisions also provided 2003 more than 3,000 troops have been the last 3 years. for unlimited reimbursement of legal killed in those attacks. Most of the Bloomberg New Energy Finance ana- costs incurred by KBR. In effect, the time, military leaders will tell us: We lysts predict that some aviation company—KBR—was handed a blank are moving troops and moving fuel to biofuels will be cost-competitive with check drawn on the American tax- be able to support the troops. So we standard jet fuel by 2018, given the con- payer, and yesterday the company need to give the military opportuni- tinuation of current rates of develop- went to court to cash that check. ties, whether it is from new kinds of ment. So in about 5 years, the Amer- My amendment would prevent DOD hydrogen fuel cells or biofuels or ad- ican biofuels industry could produce from putting the American taxpayer on vanced batteries. fuel for our military aircraft and vehi- the hook for the negligence of contrac- There is a tremendous amount of cles at a cost equal to that of foreign tors without notifying Congress. Our work that is happening in Michigan oil. soldiers know when they sign up that through TACOM and TARDEC, which

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7004 CONGRESSIONAL RECORD — SENATE November 28, 2012 are the arms of the Army that are our NCOs, and let’s stand with our en- native fuels. However, Secretary of the doing the very important research and listed personnel and ensure that the Navy, Ray Mabus, has already testified development of new technologies, and military can continue to invest in this before the Armed Services Committee they have now developed advanced bat- important area of energy security that the Navy will not purchase any al- tery technology they are using in the which will save lives, create economic ternative fuel for operational purposes field that will save money and lives. So opportunity, and make sure we can until they are cost-competitive with these are important things to be doing project force abroad and protect the traditional fossil fuels. It’s as simple as as we move forward to the future, and values we hold so dear. that. The Department is positioning the Udall amendment would guarantee I urge my colleagues to vote for this itself to take advantage of drop-in al- we can continue to do that. amendment at 2:00 p.m. We have a ten- ternative fuels when they are cost com- The Navy estimates that they spend tative agreement. petitive with traditional fossil fuels. about $84 billion—$84 billion—every Mr. President, I yield the floor. This is a prudent insurance policy that year protecting oil supplies. Think Mr. SANDERS. Mr. President, it is requires investments today, which sec- about that—not being able to do what not a tentative agreement; there is a tion 313 would prevent. we need to do on the front lines in unanimous consent order that we are For years now, the Department has terms of defense but just protecting going to vote at 2 o’clock. been subjected to significant spikes in the oil supplies, shipping lanes, and The PRESIDING OFFICER. The Sen- the global price of oil, which has cre- commercial vessels in the Persian Gulf ator is correct. ated huge bills to pay, leaving less region alone. Mr. UDALL of Colorado. Mr. Presi- funding for training exercises, flying Again, this amendment would save dent, I urge all my colleagues to sup- hours, steaming days, and other nega- lives, save money, and it would allow port this amendment at 2 p.m. tive impacts to readiness. The Depart- the Department of Defense to move for- Mr. MCCAIN. Mr. President, I inquire ment estimates that for every 25 cent ward on these new technologies, such of the Chair, what are we waiting for? increase in the prices of a gallon of oil, as hydrogen, E85, and biofuel blends for The PRESIDING OFFICER. To get on it costs the DOD an additional $1 bil- flex-fuel vehicles such as the ones we the amendment offered by the Senator lion to cover the costs, whether it is a are building in Michigan. These new from Colorado. result of foreign actions or natural dis- The Senator from Michigan. technologies are our future. They are asters such as Hurricane Katrina. The Mr. LEVIN. Mr. President, I support our future in jobs, and they certainly advancement of a reliable, domestic the amendment introduced by Senator are our future as it relates to saving energy source such as biofuel would UDALL of Colorado. The purpose of this dollars and getting us off foreign oil provide us with a safeguard against amendment is to strike section 313 and, as I said before, are so important such unpredictable expenses. In my from the National Defense Authoriza- to our military and to all of us in sav- view, global price volatility is a burden tion Act that would place undue re- ing American lives. the Department should not be sub- strictions on Department of Defense’s The operational benefits of using dif- jected to, particularly if it can be alternative energy investments. This ferent kinds of fuel are enormous. We avoided by establishing a viable domes- provision, during our committee mark- have research going on in Michigan tic alternative. Yet section 313 appears up, passed by the closest of margins by right now around advanced batteries. I designed to ensure that the DOD re- a 13–12 vote. was pleased to be there at the launch of mains entirely dependent upon tradi- Section 313 aims to block the Depart- the first advanced-battery Jeeps going tional fossil fuels. into the field, allowing those convoys ment from purchasing or producing al- ternative fuels if the cost exceeds that Admittedly, the current price for al- of trucks to be brought down to a much ternative fuel is high. For example, the smaller level and thus stopping the of traditional fossil fuels. This would force key decisions regarding energy Navy purchased biofuel this past July endangerment over the years of thou- for demonstration purposes at approxi- sands of our troops. Shorter supply security to be made exclusively on the basis of cost, without regard for the mately $16 per gallon. Yet small lines means more flexibility for our batches of any new technology are ex- men and women in uniform and less mission, military capability, or cir- cumstance. pensive, as that is the very nature of danger for them on the front lines. research and development. With time I strongly support the Udall amend- Maybe the intent of section 313 to to develop a domestic alternative fuel ment. I am pleased to be a cosponsor. kill the alternative fuel project cur- market, the costs of alternative fuels This will give our military the flexi- rently being conducted under the au- will continue to drop, as the price has bility they need to accomplish their thority of the Defense Production Act, already been cut in half since 2009. Fur- mission. Why in the world would we Title III. However, the impact this pro- thermore, our military has a rich his- want to limit the flexibility of our vision would have on our military oper- tory of innovation. Investments in military as they move forward to the ators, creates a real strategic vulner- technology such as global positioning next generation of new technologies to ability to our men and women on the services, microchips, and the Internet save dollars and lives? ground, which reach far beyond have each carried with them signifi- The PRESIDING OFFICER. The Sen- biofuels. For example, if the Depart- cant up-front costs, but have ulti- ator from Colorado. ment wanted to deploy a hydrogen- mately paid sizeable dividends far be- Mr. UDALL of Colorado. Mr. Presi- fueled unmanned aerial vehicle that yond their initial military usage. dent, I ask unanimous consent that could operate for an extended duration Senators HAGAN, KERRY, BEGICH, and in a combat zone, this amendment The Navy has a notable and effective FRANKEN be added as cosponsors of my would prevent that since the cost of track record in the arena of alternative amendment No. 2985. hydrogen fuel may be higher than a fuel development, going back to when The PRESIDING OFFICER. Without traditional fossil fuel. Or if the Depart- the Navy first switched from sails to objection, it is so ordered. ment wanted to generate fuel or energy steam and coal in the 1850s. Once again Mr. UDALL of Colorado. Mr. Presi- at tactical locations, including waste- from coal to oil around the time of dent, I believe we are reaching the end to-energy technology, which the DOD World War I, and in the 1950s from oil of our time. is exploring today, section 313 would to nuclear propulsion for aircraft car- The PRESIDING OFFICER. All again prevent that. Section 313 may riers and submarines. And each period Democratic time has expired. also prevent the Department from pur- has had its complement of critics. Yet Mr. UDALL of Colorado. I would add chasing non-traditional fossil fuels, think of where we would be today with- just a couple final remarks. such as E85 or B20 biofuel blends, for out that long-term eye toward innova- I think we have heard a compelling flex fuel vehicles. Potentially, any fuel tion and military capability. reason to remove section 313 from the which is not a ‘‘traditional fossil fuel’’ In section 313 there is yet another National Defense Authorization Act. could be affected. practical problem in its exception National security is energy security Mr. President, the sponsors of section clause, which allows the Department to and vice versa. Let’s stand with our 313 have focused on current high costs continue engine or fleet certification of military leadership, let’s stand with associated with the production of alter- 50/50 fuel blends. That is far too narrow

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7005 to cover the wide-ranging array of re- on fossil fuels is a strategic vision that personnel assigned to the Marine Corps Em- search and development activities con- has been articulated and embraced in bassy Security Group at Quantico, Virginia, ducted by the Department. In the fu- the past on a bipartisan basis—by and Marine Security Group Regional Com- ture, it may be determined that the mands and Marine Security Group detach- President George W. Bush in his 2006 ments at United States missions around the proper ratio for a weapons platform re- State of the Union Address and by a world by up to 1,000 Marines during fiscal quires a blend of 60/40, or 70/30. Lim- large bipartisan majority in Congress years 2014 through 2017. iting the DOD to only 50/50 blends in the Energy Independence and Secu- (2) PURPOSE.—The purpose of the increase would put an entirely arbitrary restric- rity Act of 2007. That bipartisan path is under paragraph (1) shall be to provide the tion upon the Department, and is sim- still the best approach today. end strength and resources necessary to sup- ply not wise. I thank Senator UDALL and the co- port an increase in Marine Corps security at Mr. President, the DOD and Sec- sponsors for introducing this impor- United States consulates and embassies throughout the world, and in particular at retary Mabus have told us that the de- tant amendment. I urge my colleagues velopment of a domestic capability to locations identified by the Secretary of to support this effort to ensure that State as in need of increased security in produce cost-competitive advanced our military has the flexibility nec- light of threats to United States personnel drop-in biofuels at a commercial scale essary to meet their energy require- and property by terrorists. is important to our long-term national ments and bolster our national secu- (b) CONSULTATION.—The Secretary of De- security. It is a core defense need. We rity, by striking section 313. fense shall develop and implement the plan were also reminded of our strategic Mr. SANDERS. Mr. President, I un- required by subsection (a) in consultation vulnerability to fossil fuels and the with the Secretary of State pursuant to the derstand Senator BAUCUS and Senator responsibility of the Secretary of State for need to improve our energy security in MURRAY are on their way and wish 5 diplomatic security under section 103 of the the last iteration of the 2010 Quadren- minutes each to speak relative to this Diplomatic Security Act (22 U.S.C. 4802), and nial Defense Review. There are valid amendment. I ask unanimous consent in accordance with any current memo- questions concerning how much a gal- that between now and 1 o’clock, they randum of understanding between the De- lon of biofuel will cost in the long run be allocated 5 minutes each and that partment of State and the Marine Corps on the operational and administrative super- compared to a traditional fossil fuel. the amendment then still would be the Last year alone, the DOD purchased vision of the Marine Corps Security Guard pending amendment. Program. billions of gallons of fuel at a cost of I ask unanimous consent that we now (c) FUNDING.— $15.3 billion to conduct worldwide mili- proceed to the amendment of Senator (1) BUDGET REQUESTS.—The budget of the tary operations. And we now pay 225 MCCAIN and that when those two Sen- President for each fiscal year after fiscal percent more for fossil fuel than we did ators arrive and are recognized, they be year 2013, as submitted to Congress pursuant just 10 years ago. And 12 percent of our allowed to speak for 5 minutes each on to section 1105(a) of title 31, United States gross domestic product goes to fuel for the Udall amendment. Code, shall set forth as separate line ele- automobiles. By striking section 313, ments, under the amounts requested for such The PRESIDING OFFICER. Is there fiscal year for each of procurement, oper- we allow the DOD the freedom to pur- objection to the request for extra time ation and maintenance, and military per- sue a domestic production capability for Senator BAUCUS and Senator MUR- sonnel to fully fund each of the following: and it is a smart long-term investment. RAY? (A) The Marine Corps. Keeping section 313 would hinder ef- Without objection, it is so ordered. (B) The Marine Corps Security Guard Pro- forts currently underway to curtail our Mr. SANDERS. Mr. President, I ask gram, including for the additional personnel reliance on foreign oil by fostering a unanimous consent that Senator WEBB under the Marine Corps Security Guard Pro- domestic biofuel capacity. Those in op- be added as a cosponsor to Senator gram as result of the plan required by sub- section (a). position to the Department’s alter- MCCAIN’s amendment that he is now native energy investments have argued (2) PRESERVATION OF FUNDING FOR USMC going to offer. UNDER NATIONAL MILITARY STRATEGY.—In de- that the cost of these initiatives is too The PRESIDING OFFICER. Is there termining the amounts to be requested for a high. They claim that the money would objection? Without objection, it is so fiscal year for the Marine Corps Security be better spent on other priorities ordered. Guard Program and for additional personnel within the DOD. Mr. President, these The Senator from Arizona. under the Marine Corps Security Guard Pro- arguments are shortsighted. The De- AMENDMENT NO. 3051 gram under paragraph (1), the President shall ensure that amounts requested for the partment has told us that investment Mr. MCCAIN. Mr. President, I call up Marine Corps for that fiscal year do not de- in alternative fuels represents less amendment No. 3051 and ask for its im- than 4 percent of the Department’s grade the readiness of the Marine Corps to mediate consideration. fulfill the requirements of the National Mili- total planned investment in oper- The PRESIDING OFFICER. Is there tary Strategy. ational energy initiatives over the next objection? Without objection, it is so (d) REPORTS.— 5 years, and less than 0.6 percent of ordered. (1) REPORTS ON PROGRAM.—Not later than what the Department spent on fuel last The clerk will report. October 1, 2014, and annually thereafter year. Our military leaders have stated The legislative clerk read as follows: through October 1, 2017, the Secretary of De- fense shall, in coordination with the Sec- time and again that it is in our na- The Senator from Arizona [Mr. MCCAIN], tional security interest to make these retary of State, submit to Congress a report for himself and Mr. PORTMAN, proposes an on the Marine Corps Security Guard Pro- strategic investments, that there is a amendment numbered 3051 to S. 3254. gram. Each report shall include the fol- concrete need to increase flexibility Mr. MCCAIN. Mr. President, I ask lowing: and insulate our forces against vola- unanimous consent that further read- (A) A description of the expanded security tility in the global oil market. For the ing of the amendment be dispensed support provided by Marine Corps Security future, our men and women in uniform with. Guards to the Department of State during will need alternative fuels to keep our The PRESIDING OFFICER. Without the fiscal year ending on the date of such re- supplies diverse and effective, espe- objection, it is so ordered. port, including— cially for our legacy fleet of ships and (i) any increased internal security provided The amendment is as follows: at United States embassies and consulates planes, which will be with us for dec- (Purpose: To authorize additional Marine throughout the world; ades to come. The DOD has been exam- Corps personnel for the performance of se- (ii) any increased support for emergency ining, testing, and certifying alter- curity functions for United States embas- action planning, training, and advising of native fuels for operational use since sies, consulates, and other diplomatic fa- host nation security forces; and 2003. Last July, the Navy successfully cilities abroad) (iii) any expansion of intelligence collec- demonstrated biofuels with no oper- At the end of subtitle A of title IV, add the tion activities. ational differences in the performance following: (B) A description of the current status of of their ships and aircraft. These ef- SEC. 402. ADDITIONAL MARINE CORPS PER- Marine Corps personnel assigned to the Pro- SONNEL FOR THE MARINE CORPS gram as a result of the plan required by sub- forts are relatively small, yet an im- SECURITY GUARD PROGRAM. section (a). portant part of the Department’s strat- (a) ADDITIONAL PERSONNEL.— (C) A description of the Department of De- egy to improve energy security. (1) IN GENERAL.—The Secretary of Defense fense resources required in the fiscal year Section 313 is in direct conflict with shall develop and implement a plan which ending on the date of such report to support these goals. Reducing our dependence shall increase the number of Marine Corps the Marine Corps Security Guard program,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7006 CONGRESSIONAL RECORD — SENATE November 28, 2012 including total end strength and key sup- small. A typical detachment consists of Mr. President, at this time I yield to porting programs that enable both its cur- only six military Marine personnel. Senator MURRAY. rent and expanded mission during such fiscal Today there are 126 U.S. diplomatic The PRESIDING OFFICER. The Sen- year. missions outside the United States ator from Washington. (D) A reassessment of the mission of the AMENDMENT NO. 2985 Program, as well as procedural rules of en- without Marine Corps security protec- gagement under the Program, in light of cur- tion, including parts of Asia and Africa Mrs. MURRAY. Mr. President, I rent and emerging threats to United States where we suspect al-Qaida is expanding thank the Senator from Arizona for al- diplomatic personnel, and a description and its presence. lowing me to speak about an amend- assessment of options to improve the Pro- As the nature of threats to American ment we are going to be voting on at 2 gram to respond to such threats. diplomatic personnel is changing, the o’clock. I wish to express my concerns (E) An assessment of the feasibility and ad- Marine Corps security guard mission with provisions in the Defense author- visability of authorizing, funding, and ad- has not. The current mission of this ization bill that we are currently con- ministering the Program as a separate pro- program dates back to the post-war era sidering that would limit the Depart- gram within the Marine Corps, and if such actions are determined to be feasible and ad- of 1948, principally for the protection of ment of Defense in investing in alter- visable, recommendations for legislative and classified information and equipment native fuels. administrative actions to provide for author- in diplomatic facilities. This underlying bill is a very impor- izing, funding, and administering the Pro- The Marine Security Guard Program tant piece of legislation. I have always gram as a separate program within the Ma- is also the only Marine Corps program supported it to make sure our military rine Corps. that is under the operational command has the equipment and resources and (2) REPORT ON CHANGES IN SCOPE OF PRO- of the Department of State. For this effective policies it needs to perform GRAM IN RESPONSE TO CHANGING THREATS.—If reason, this amendment would also re- its mission. But I can’t support the in- the President determines that a modifica- tion (whether an increase or a decrease) in quire the President to present discrete clusion of provisions that would se- the scope of the Marine Corps Security budget requests for Marine Corps secu- verely limit the Department’s ability Guard Program is necessary or advisable in rity personnel overseas in support of to use alternative fuels. I strongly be- light of any change in the nature of threats diplomatic personnel and Marine Corps lieve those limitations will cause last- to United States embassies, consulates and end strength and resources required to ing harm to our national security and other diplomatic facilities abroad, the Presi- maintain readiness to protect our na- our military readiness and our efforts dent shall— tional security. These are distinct mis- to decrease American dependence on (A) notify Congress of such modification sions, and increasing one—as is nec- foreign oil. That is why we are consid- and the change in the nature of threats prompting such modification; and essary in light of the attack in ering an amendment that I cosponsored (B) take such modification into account in Benghazi—cannot come at the expense that will strike one of those troubling requesting an end strength and funds for the of another. provisions in section 313 of the com- Program for any fiscal year in which such Americans may believe our marines mittee-passed bill. modification is in effect. are the first line of defense in attacks As many of our colleagues are aware, Mr. MCCAIN. This amendment is to on diplomatic compounds overseas. The DOD is the single largest consumer of authorize additional Marine Corps per- truth is that they are not. They are not oil in the world, using over 355,000 bar- sonnel for the performance of security mandated to engage with attackers and rels of oil per day in fiscal year 2011. functions for the U.S. Embassies, con- in some cases may not be permitted to Even though we have increased the do- sulates, and other diplomatic facilities engage. For this reason, this amend- mestic supply of traditional fossil fuels abroad. ment calls on the Department of De- here in the United States, the price of The tragic events in Benghazi on fense to reassess this mission and rules oil is still set on the global market. September 11 and the ongoing tumult of engagement as we increase our capa- That means that DOD’s fuel bill was throughout the Middle East and north bility to protect embassies and con- significantly more than it had budg- Africa should serve as a stark reminder sulates throughout the world. eted for, mostly, of course, due to the that the security environment con- As the world now knows, there were price of fuel being higher than ex- fronting American personnel serving in no marine guards at the consulate at pected. In fact, in fiscal year 2012, the U.S. Embassies and consulates abroad Benghazi at the time of the September Navy alone was $500 million over its is as dangerous as any time I can re- 11 attack despite the rapidly deterio- budget for fuel, and that is just one of member. rating security situation. Would their our services. So what does that mean? Despite claims by some, al-Qaida and presence have made a difference and It means our military leaders have had its affiliates remain dangerous and de- saved the lives of our heroic Ambas- to pull billions of dollars from oper- termined to kill Americans. This re- sador and his security personnel? I ational accounts in recent years, which ality must force us to reassess the think I know the answer to that ques- has led to decreased unit readiness, de- threat to U.S. Embassies and con- tion, and so do the American people. ferred maintenance on some of their sulates around the world and provide So I think it is time for the adminis- critical equipment, and less training additional resources and military end tration to rapidly complete a reassess- for our troops preparing for deploy- strength; that is, U.S. marines, to in- ment of the risk to U.S. personnel con- ment into harm’s way. Conveniently, crease protection of diplomatic per- ducting diplomacy abroad posed by ter- critics of biofuels leave out these very sonnel from those threats. This amend- rorists and others wishing to do us real threats when they insist on the ment will do that. It will provide the harm and ensure that personnel at all kinds of harmful policies the amend- necessary end strength and resources 285 missions, not just 182, have ade- ment we are offering addresses. to support an increase in Marine Corps quate protection, including by U.S. ma- It is true that alternative fuels will security at U.S. Embassies and con- rines. I am not saying this amendment not replace fossil fuels in the imme- sulates throughout the world—up to requires that marine presence at every diate future, but it is also true that re- 1,000 additional personnel—in par- one of these missions. What we are say- placing even a fraction of the oil con- ticular at locations identified by the ing is that as a result of the risk as- sumed by the Department of Defense Secretary of State as in need of in- sessments, we have sufficient author- with domestic alternative fuels will ad- creased security in light of known and ization and appropriation for adequate vance our national security and our emerging threats to U.S. personnel and protection, part of which—and a major military readiness, it will save many property by terrorists. part—is the presence of the U.S. Ma- millions of dollars, and it will protect Most Americans believe that U.S. rine Corps. the Department from the price vola- marines are stationed to protect our I call on my colleagues to fulfill the tility of the global oil market and spur Embassy personnel abroad, but I think mission of the Marine Security Guard a domestic industry that will decrease they would be surprised to learn that Program to ensure that U.S. personnel our dependence on foreign oil. marines are assigned in only slightly are protected and authorize the nec- Some of our colleagues have said this more than half of our diplomatic mis- essary end strength and resources for is all about the cost of alternative fuel, sions worldwide—182 missions in 137 the Marine Corps to achieve this nec- and they will likely use some mis- countries. Moreover, their numbers are essary goal. leading figures attributed to a training

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7007 exercise that actually, by the way, Mr. BAUCUS. Correct. ment and support of a sustainable com- ended up proving these types of fuels Mr. LEVIN. Mr. President, I know of mercial biofuels industry. They inves- work seamlessly. But the truth is that no further debate on Senator MCCAIN’s tigated the development biofuels as al- the cost of biofuels has decreased by amendment No. 3051. We are not quite ternatives to diesel and jet fuels. over 50 percent in the last 2 years ready. The agreement included Montana alone. The truth is that the test fuel The PRESIDING OFFICER. The Sen- farmers and corporations. Limitations purchase they like to mention was only ator from Montana. placed on our military’s procurement 0.3 percent of the Navy’s annual fuel AMENDMENT NO. 2985 of alternative fuel would be detri- bill. And the truth is that those con- Mr. BAUCUS. Mr. President, I thank mental to Montana’s alternative fuel cerns over costs don’t take into ac- my good friends from Michigan and Ar- industry. count the very real and very high price izona for their gracious willingness to As a result of investing in biofuels, of inaction and continued dependence find an opportunity for me to make a renewable Montana-grown crops like on oil. brief statement. camelina have been used by our mili- I mentioned earlier that the Depart- I rise today in strong support of the tary as the predominate feedstock for ment uses 355,000 barrels of oil every amendment to protect the military’s biofuel blends. I call these freedom day. The Department estimates that ability to purchase American-made fuels. Why? Because they help get us for every 25-cent increase in the price fuels. off of foreign oil and help bring good per gallon of oil, it will spend over $1 Powering our military with Amer- paying jobs to Montana. billion in additional fuel costs. Given ican-made energy makes our country Researchers at Montana State Uni- the high price of oil and gas, that is safer and our economy stronger. Tying versity Northern in Havre, MT showed not a bet I want to make long term. our hands and forcing the American early that camelina to be a promising We are facing difficult fiscal times, military to depend on foreign oil is dryland crop for use in biodiesel and as everyone here knows, and the De- short-sighted and dangerous. Instead, other bioproducts. Camelina, also partment of Defense, like the rest of we need to give our commanders the known as ‘‘Gold of Pleasure,’’ is an oil- the Federal Government, has to make seed crop that includes canola, mus- sure it is responsibly spending tax- flexibility to power our military with payer dollars—today and tomorrow. homegrown energy, like Montana tard and broccoli. The small-seeded, The Department’s efforts to develop al- camelina that supports jobs right here cool-climate crop has been grown in ternative fuels is in keeping with the in America. Europe and the Northern plains of the best traditions of military technology The Department of Defense is the United States. development programs. largest single user of oil in the world— Since its initial production, the cost In the past, programs have brought consuming more than 355,000 barrels of per gallon of camelina-based fuel in us products that have benefited both oil per day last year. Despite increased Montana has dropped annually by half. DOD and the civilian users, such as domestic production of fossil fuels, ris- That is another reason why I think it GPS or jet engines, microwave ovens, ing global prices and market volatility makes sense to ramp up our domestic and cell phones. Our Navy pioneered caused DOD’s fuel bill to rise by more energy production, whether it is the transition from sails to coal, from than $19 billion in 2011. The trend is ex- biofuels wind, coal, oil, natural gas, or coal to oil, and from oil to nuclear pected to continue. hydropower. We need an energy policy power. I know we can make the next This is why I strongly support the ef- that puts America back in control. We leap to alternative fuels—and we need forts of our military leaders—that is must reduce our dependence on foreign to. what they want—to develop and em- oil and work to develop all of our do- Our Nation’s reliance on foreign oil is ploy alternative fuels. Our military mestic resources—just like we have in a significant and well-recognized mili- leaders recognize the problem of rising my State of Montana. tary vulnerability. Our military lead- fuel costs and dependence on foreign Alternative fuels will not replace fos- ers are telling us the ability to use oil. The Pentagon’s largest energy sils fuels all-together—no way. How- fuels other than petroleum is critical user, the Air Force, has established a ever, replacing even a small fraction of to our national energy security. The goal of purchasing half of its domesti- fuel consumed by our military with al- Department is strongly opposed to the cally consumed aviation fuel from al- ternative fuels made here in the United language limiting its flexibility in the ternative sources by the end of 2016. States can improve strategic flexi- committee-passed bill, and DOD sup- The Navy has also invested in the F–18 bility, insulate the defense budget from ports our amendment. Green Hornet program—a fighter jet spikes in the cost fossil fuels, create I urge our colleagues to join us and powered by a biofuel blend. good-paying jobs for Americans, and support the amendment we will be vot- The DOD relies on a sustainable make the United States a more secure ing on shortly and strike this troubling biofuel market to meet its goal of less- nation. provision. ening the nation’s dependence on for- I yield the floor. I yield the floor. eign oil. It is very important to the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Pentagon. Regrettably, a provision in ator from Michigan. ator from Arizona. the underlying bill will limit our mili- Mr. LEVIN. Mr. President, I ask AMENDMENT NO. 3051 tary’s ability to develop alternative unanimous consent that Senator Mr. MCCAIN. I ask unanimous con- fuels. BOXER be allocated 5 minutes of debate sent the following Senators be added as Members on both sides of the aisle time on the Udall amendment. cosponsors to my amendment No. 3051: are concerned that this section of the The PRESIDING OFFICER. Is there Senators INHOFE, AYOTTE, BROWN of Committee-passed bill would cause objection? Massachusetts, and WEBB. AMENDMENT NO. 3051 The PRESIDING OFFICER. Is there harm to our national security and mili- objection? Without objection, it is so tary readiness. That is why I am fight- Mr. LEVIN. We are waiting for just ordered. ing to allow the Pentagon to enter into one further word on the McCain The Senator from Michigan. long-term deals to buy biofuels as long amendment. We hope to be able to Mr. LEVIN. Mr. President, I ask as they are made right here in the voice-vote that in the next few min- unanimous consent Senator BOXER also USA. utes. be allocated 5 minutes to speak on the Montana is in the perfect position to The PRESIDING OFFICER. On the pending amendment. provide the homegrown fuels our Na- matter of Senator BOXER, without ob- The PRESIDING OFFICER. Is there tion needs to move toward energy secu- jection, it is so ordered. objection? The Senator from Arizona. rity. Mr. LEVIN. Mr. President, I support Mr. MCCAIN. Mr. President, are we There is clearly a demand from both the McCain amendment. going to voice-vote the amendment at the military and the private sector to Mr. MCCAIN. I urge adoption of the this time? use American-made biofuels. amendment. Mr. LEVIN. Can I ask the Senator In 2011, the Navy, the Department of The PRESIDING OFFICER. Is there from Montana if he wishes to speak on Energy and the Department of Agri- further debate? If not, the question is the Udall amendment? culture aimed to assist the develop- on agreeing to the amendment.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7008 CONGRESSIONAL RECORD — SENATE November 28, 2012 The amendment (No. 3051) was agreed which, in effect, was this meat cleaver which is what this place has not been to. that in a nondiscriminate way was operating on in a long while. Mr. LEVIN. Mr. President, I move to going to drop a meat ax approach of I wanted to share that memory of reconsider the vote. another $1⁄2 trillion out of defense and one of the great moments of govern- Mr. MCCAIN. I move to lay that mo- $1⁄2 trillion out of nondefense discre- ment working as our government is in- tion on the table. tionary, which nobody wanted. It was tended to work. The motion to lay on the table was never contemplated sequestration was With that, I yield the floor. agreed to. going to go into effect because the ef- I suggest the absence of a quorum. Mr. LEVIN. Mr. President, was Sen- fects were going to be so onerous that The PRESIDING OFFICER. The ator BOXER’s 5 minutes agreed to? surely people of goodwill could come clerk will call the roll. The PRESIDING OFFICER. Yes. together on a 12-member committee The assistant legislative clerk pro- Mr. LEVIN. I suggest the absence of and not deadlock. But, instead, at least ceeded to call the roll. a quorum. one would provide the majority, even if Mrs. GILLIBRAND. Mr. President, I The PRESIDING OFFICER (Mr. it were only 7 to 5 out of the 12, be- ask unanimous consent that the order UDALL of New Mexico). The clerk will cause the alternative was so for the quorum call be rescinded. call the roll. unpalatable. The PRESIDING OFFICER. Without The legislative clerk proceeded to Of course, we know what happened. objection, it is so ordered. call the roll. People of goodwill, in this highly Mrs. GILLIBRAND. Mr. President, I Mr. LEVIN. Mr. President, I ask charged atmosphere of the coming rise to speak on behalf of the approxi- unanimous consent that the order for Presidential election—this is almost a mately 20,000 military families with the quorum call be rescinded. year and a half ago—could not agree. loved ones on the autism spectrum. The PRESIDING OFFICER. Without The ugly head of excessive partisanship Sadly, thousands of these Americans objection, it is so ordered. raised itself, and the ugly head of ex- suffering from autism are not receiving Mr. LEVIN. Mr. President, I ask cessive ideological rigidity raised the treatments that are the best prac- unanimous consent that there be a pe- itself, and the supercommittee dead- tices that have been determined they riod of debate only on S. 3254, the De- locked 6 to 6 which, under the law, left need. These military families are re- fense authorization bill, until 2 p.m. the meat cleaver to drop, the budget ceiving fewer services than their civil- The PRESIDING OFFICER. Without meat ax to drop. That is what we are ian government counterparts across objection, it is so ordered. facing today. We are facing something the country, many of whom have been Mr. LEVIN. I note the absence of a that nobody ever intended to go into rightly aided by laws passed in over 60 quorum. effect. percent of our States representing over The PRESIDING OFFICER. The So how do we get out of this? We 75 percent of the country’s population. clerk will call the roll. have people of goodwill that have to be Autism places tremendous strains on The legislative clerk proceeded to reasonable and utilize a little common our Nation’s military families and non- call the roll. sense, lessen their partisanship, lessen military families—including tremen- Mr. NELSON of Florida. Mr. Presi- their ideological rigidity. That is the dous health, financial, and emotional dent, I ask unanimous consent that the atmosphere under which we can come tolls. I wish to share briefly just a cou- order for the quorum call be rescinded. together. ple stories from our brave military The PRESIDING OFFICER. Without I wish to tell a story and then I am families. objection, it is so ordered. going to sit down. I wish to tell the One veteran was severely wounded in FISCAL CLIFF story about one of the brightest shin- Iraq while heroically serving our coun- Mr. NELSON of Florida. Mr. Presi- ing moments in government which oc- try. His injuries forced him to medi- dent, while we are waiting for further curred back in 1983 when this Senator cally retire. Because he is retired, his debate on the Defense authorization was a young Congressman. We were autistic son Shane was no longer eligi- bill and any possible amendments, I within 6 months of Social Security ble to receive the ABA services he had wanted to offer a couple of comments running out of money. Two old Irish- previously received. The wait list for regarding all of the concern in the Na- men, one who was President, and his Medicaid waiver services is over 9 tion about the fiscal cliff as we ap- name was Reagan, and the other one years. Shane’s family had to sell their proach that fateful day of December 31 who was Speaker, and his name was home to pay the roughly $5,000 per and the need to get something done. O’Neill, decided they were going to do month of out-of-pocket expenses that In the opinion of this Senator, se- something about this. They were rea- the ABA treatments require that he so questration, which is this additional sonable people who could operate in a desperately needs. The money is run- cut of $1 trillion in a most unorthodox bipartisan way and in a nonideological ning out for their family, and their way, is like a meat cleaver coming way. family’s effort is only to do what is down and cutting off—I am rounding They said: What we are going to do is best for their son. Without any relief, here—$1⁄2 trillion off defense and $1⁄2 take this subject that is so thorny— we risk allowing brave military fami- trillion off nondefense discretionary. namely, Social Security—so thorny at lies just like this one to fall through Sequestration, let us remember, in the the time of elections, and we are going the cracks. historical context was never supposed to take it off the table at the next elec- Another Active-Duty marine, who to happen. Sequestration was a mecha- tion so as not to use it as a hammer to has served in Iraq and Afghanistan nism that was set up in the Budget beat your opponent over the head, and three times, has maxed out his ABA Control Act in August 2011, almost a we are going to do it in the mechanism care for therapy treatments to treat year and a half ago. The act called for of a blue ribbon panel that is going to his 11-year-old autistic son Joshua. $1 trillion to be cut off of the top to make recommendations on the sol- Joshua is nonverbal and his safety is a begin with, and it set up a process by vency of Social Security. key concern, so Joshua is prescribed 35 which additional deficit reduction over That committee met. They reported hours of these ABA therapy treatments a 10-year period would occur. That to the Congress in a bipartisan way, each week. Due to the severity of Josh- process was—after the $1 trillion was and the Congress passed that rec- ua’s symptoms, the family is faced whacked off, which it already has ommendation overwhelmingly. The with the nearly impossible decision of been—a supercommittee of six from President signed it into law, and that forgoing the recommended care for the House and six from the Senate made Social Security solvent for the their son or paying the bills out of would deliberate and a majority vote of next 50-plus years from 1983. I think pocket as long as they are able to. that committee of 12 could determine the most current estimates are that it In my opinion—and it is shared by additional deficit reduction that would is now something like 2034. many families—this should never hap- apply over the next 10 years. So we see what was done so effec- pen to any child, but it should also par- To give a little incentive for that tively. But we have to have people of ticularly not happen to the child of supercommittee not to deadlock, the good will who will come together and someone from our military service. process of sequestration was set up will do so with some common sense, That is why I am submitting an

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7009 amendment requiring TRICARE to occur at an alarming rate by a minor- Mr. WEBB. Mr. President, I ask cover medically recommended autism ity of servicemembers who should not unanimous consent that the order for treatments, including ABA therapy, in be serving. the quorum call be rescinded. a manner that is consistent with best Despite Secretary Panetta’s efforts The PRESIDING OFFICER. Without practices so our military families, our to create a zero-tolerance policy in objection, it is so ordered. heroes, get the care they need for their 2011, still more than 3,000 military sex- AMENDMENT NO. 2985 children, children such as Shane and ual assaults were reported. But the Mr. WEBB. Mr. President, I would Joshua. DOD’s estimates themselves indicate like to speak on the Udall amendment. Every parent who has a child with that number is much closer to 19,000 I have great admiration and respect for autism faces challenges in ensuring cases. the Senator from Colorado as well as that their child has access to the treat- In the words of DOD: his cousin who now presides. I have ments they desperately need. For mili- [Sexual violence in the military] is an af- concerns about this amendment that tary families, these challenges are front to the basic American values we de- were raised during the committee often compounded by frequent deploy- fend, and may degrade military readiness, markup. I think they have become ments overseas, frequent movements to subvert strategic goodwill, and forever even more of a concern since that time different bases across State lines, and change the lives of victims and their fami- period. lies. sometimes gaps in coverage. Let me begin by saying as someone Today, TRICARE coverage of ABA is All our service branches have in who spent 5 years in the Pentagon, one severely limited. It is capped at $36,000 place some version of a policy that as a marine and four as a defense exec- per year for an Active-Duty service- sends convicted sex offenders to an ad- utive, I would hope that the top order member. This falls far below what is ministrative separation process for dis- of business for our President as he be- medically recommended. This care is charge. However, the most recent An- gins his next term would be to call for limited to Active-Duty servicemembers nual Report on Sexual Assault in the a reexamination, a rigorous reexamina- only. Guard and Reserve families re- Military shows that in fiscal year 2011, tion of all of the programs in the De- ceive intermittent care, and children of 36 percent of convicted sex offenders partment of Defense. retirees cannot get any coverage at all. remained in the Armed Services, de- In other words, not quite to zero- As a consequence, military service- spite these policies. based but to examine the justifications members must often turn to State-run If one-third of convicted sex offend- for all of the programs that are in Medicaid programs to help their chil- ers within the military are being re- place with an eye toward the realities dren, but these programs are often un- tained, then clearly we must do better. of the future, I think we could benefit available to a mobile military family Creating a uniform standard to correct as a country. People who care about because of the extensive wait lists. In deficiencies in the respective branch national security, but also care about Maryland, for example, the wait is 17 policies would be a good step forward. the tax bills they are getting, would years long, essentially eliminating Experts reviewing current policies benefit as well from something of a ABA coverage during the early devel- have found that the Navy has estab- triage of the programs in the Depart- opment years when a child needs it lished a mandatory policy that calls ment of Defense. We should ask the Secretary of De- most. The wait list in Virginia, for ex- for administrative discharge of any fense and his people who work—or ample, is over 10 years long. personnel who are convicted of a sex of- Even more remarkable than fense. her—with these programs to examine TRICARE not covering these treat- My amendment would require the De- which programs in DOD are the must- haves, which are absolutely vital to ments is that the Office of Personnel partment to oversee that each service our national security, and which pro- Management has already determined branch establish policies that would grams are the need-to-haves, the pro- that such treatments may be covered mandate servicemembers convicted of grams that might place our national as medical therapies for Federal civil- a sex offense be processed for adminis- security at some level of risk if they ian employees. A recent court decision, trative separation. This means each were to be altered or modified. Then we which DOD is still reviewing and may such perpetrator would get due process also need to have some painful exam- appeal, determined that TRICARE but that the process would be required. This amendment is common sense, ination of programs that might be must cover these treatments, but this and it is one that would strengthen the called the nice-to-haves, those that are decision is being applied under the policies the services have actually al- essentially ancillary to the harder defi- most narrow definition in the interim, ready put in place and reinforce DOD’s nitions of national security, even limiting the potential pool of pro- zero-tolerance policy. though they have been supported. viders. This amendment basically re- I am very pleased Senators COLLINS I would say these, the costly biofuels quires TRICARE to provide coverage and SNOWE have joined me as cospon- programs, in the sense that we are pro- and deliver services in a manner that is sors of this amendment, and I wish to posing to fund them in the operational consistent with best practices. This thank them for their leadership. environment at this time, would have would, thereby, improve access to care I suggest the absence of a quorum. to qualify as nice-to-haves. That does for our military families, and it would The PRESIDING OFFICER. The not mean we should eliminate the finally align TRICARE with the other clerk will call the roll. biofuels programs. There is money in types of coverage that is available in The assistant legislative clerk pro- R&D to continue to examine them. civilian sectors. ceeded to call the roll. But I will tell you, Mr. President, We have a duty to stand by our mili- Mr. CARDIN. Mr. President, I ask what a must-have is. A must-have is tary families and to address this very unanimous consent that the order for our shipbuilding program. When I was difficult health issue that affects their the quorum call be rescinded. commissioned in the U.S. Marine Corps children. When we ask our men and The PRESIDING OFFICER. Without in 1968, we had 930 combatant ships in women to serve, we promise we will objection, it is so ordered. the U.S. Navy. By the time we went support them and their families. This Mr. CARDIN. I ask unanimous con- into the post-Vietnam drawdowns, we amendment simply fulfills that prom- sent to speak as in morning business. had 479 combatants. ise. The PRESIDING OFFICER. Without When I was Secretary of the Navy in I also rise to speak about another objection, it is so ordered. 1987–1988, we were able to rebuild the issue concerning the armed services au- (The remarks of Mr. CARDIN are Navy up to 568 combatants. Since that thorization bill, and this is equally as printed in today’s RECORD under time, national strategy has changed. serious and troublesome; that is, the ‘‘Morning Business.’’) Our commitments have changed, but issue of sexual violence. Mr. CARDIN. Mr. President, I suggest the size of the Navy has been dramati- While the vast majority of our serv- the absence of a quorum. cally reduced down to the point where icemembers serve our country honor- The PRESIDING OFFICER. The today it is about 285 operational com- ably and bravely and are simply the clerk will call the roll. batant vessels. best our country has to offer, sexual vi- The assistant legislative clerk pro- We have been trying, since I came to olence in the military continues to ceeded to call the roll. the Senate, to rebuild the Navy up to a

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7010 CONGRESSIONAL RECORD — SENATE November 28, 2012 minimum of 313 combatants. It is very oping and using effective alternative ing so hard to become energy inde- difficult to do this when we have other fuels. pendent. We have made great success programs in place that are not directly Now, lots of colleagues can come under President Obama with fuel econ- contributing to our national security down here and proclaim this isn’t im- omy in place and investment in alter- but are competing for programs. portant or it is important. You know native energy. I understand the concerns about en- what. I want to listen to the DOD The military says it is important for ergy independence. I also would like to themselves and what they say. There them to ‘‘ensure an agile, lethal and remind my colleagues of the advances was an Armed Forces press service adaptable combat force, and ulti- we have made in this country in that news report in July 2012, and this is mately, national security.’’ Their area just over the past few years in a what they said: words. In addition to everything else, way that many of us could not even Smart investing and less reliance on petro- this is a need that the military has have imagined 6 years ago when I came leum-based fuels will help ensure an agile, definitely outlined for us. to the Senate. The International En- lethal, and adaptable combat force, and, ulti- A Statement of Administration Pol- ergy Agency just made a report called mately, national security. icy on the House Defense authorization ‘‘The World Energy Outlook,’’ and in So, Mr. President, I was distraught bill, which contains a nearly identical this report as summarized by Reuters when I heard that the Armed Services provision, says that affecting DOD’s the United States, according to their Committee, by one vote, put in the sec- ability to procure alternative fuels in estimates, will overtake Saudi Arabia tion that would stop the ability of the this way would ‘‘further increase and Russia as the world’s top oil pro- DOD to invest in these very important America’s reliance on fossil fuels, ducer by 2017. fuels so they can have an ‘‘agile, lethal, thereby contributing to geopolitical in- IAEA Chief Economist Faith Birol and adaptable combat force and, ulti- stability and endangering our interests told a news conference in London that mately, national security.’’ abroad.’’ he believed the United States would Now this is coming from the DOD. Some of the same people who called overtake Russia as the biggest gas pro- Why on Earth would anyone support for boycotts on Iran, which I support, ducer by a significant margin by 2015, something that the DOD tried to take somehow believe it is not important for and by 2017 it would become the world’s away, the ability of the DOD to have us to be free from reliance on those largest oil producer. an agile force? kinds of countries for our oil. It makes Will this prediction hold out? I don’t I don’t understand it. I can’t under- no sense. We can’t make these com- know, but are we on our way toward stand it. The report also quotes Assist- partments. We are going after coun- significant gains in terms of our energy ant Secretary of Defense Sharon Burke tries that have oil, and we are right to independence? Yes, we are. The lan- who said: do it because they are dangerous, many guage in section 313, which this amend- The department is going to have ships, of them. We are embargoing. We have ment proposes to strike—I want to be planes and vehicles that were designed to use embargoes on many of them. We have very clear about this—does not affect petroleum fuels for a very long time to come. sanctions on many of them. At the programs that have been discussed here . . . [Alternative fuels] investment ensures same time, with the other hand we are in such areas as hydrogen fuel as a fuel our equipment can operate on a wide range saying to the DOD: Forget about alter- of choice for engine design or doing of fuels, and that’s important for our readi- native fuels. It makes no sense from a away with R&D dollars. It is just not ness over the long term. national security perspective. true. How many wars do we have to have In addition to harming the military’s It states, in part, that this restric- over oil? ability to achieve its goals that I have tion goes to the cost of producing or How many wars do we have over oil? outlined here, that were written very purchasing alternative fuels if they ex- I can tell you a story from a colleague clearly by the Defense Department ceed the cost of producing traditional of mine who said he went up to the itself, section 313 precludes research fossil fuel that would be used for the White House when George W. Bush was into fuels such as hydrogen, which has same purpose—very narrowly defined. President before the Iraq war, and the potential to power some military There is a second paragraph in sec- George W. Bush had pictures of all the vehicles over much longer missions. tion 313 that goes to an exception to oil wells in Iraq. I have been around a while. Some- this program, which only applies to 50– If anyone says there was no connec- thing tells me Big Oil is calling the 50 blends of fuels. I personally believe tion to oil and that war, I would say shots. I would hope not, but I don’t un- that section should be modified and ac- they are wrong. I have met with many derstand why this section, which Sen- tually could be modified in conference. veterans who say the same thing. They ator UDALL is trying to strike, is in I think it is too narrow. But in general don’t want to go and fight and die for this bill when the military says it is this is not a paragraph that totally oil. critical for them to continue this pro- does away with the biofuels program in So this is of critical importance, this gram. the Department of Defense. vote. There is no more important mis- The section could also prevent DOD We have to make decisions. We have sion for the Department of Defense from purchasing fuels that are sold to get competitive programs into the than to fight and win battles needed to today in the United States, such as E– Department of Defense. We must in- defend our Nation and return our 85, which is 85 percent ethanol. The De- crease the readiness. We are not pro- troops home safely to their families. partment of Defense has flex-fuel vehi- posing to decrease the research and de- Section 313 could undercut the abil- cles in its suite that can run on E–85. velopment programs. For those rea- ity of the Department of Defense to Can you imagine going after that as sons, I will be opposing this amend- achieve these goals. well? It would restrict DOD’s efforts to ment with the hope that we can con- In a letter to Senator UDALL, Vice develop technologies to generate fuel tinue the R&D programs for biofuels. Admiral Cullom said: at tactical locations, including waste Mr. President, I yield the floor. Section 313— to energy. These are precisely the The PRESIDING OFFICER. The Sen- That’s the section we are trying to types of technologies in which the Na- ator from California. strike— tion should be investing. Mrs. BOXER. Mr. President, I am I thank Senator UDALL for bringing Section 313 is overly broad and has the po- going to be very proud to support tential to restrict investments that would this to our attention. This is a very im- amendment No. 2985. I think it has to address tactical and operational needs for portant amendment, perhaps one of the do with our military readiness; I think our Navy. . . . As fuel technologies advance, most important I have voted on in a it has to do with our national security; the Navy may wish to test and satisfy mul- long time. and I think that the fact that we have tiple types of alternative fuel, including I will close by saying this: If you be- this opportunity is commendable. I some that might be 100 percent alternative lieve this country should be energy thank Senator UDALL for it. fuel, not a blend. independent, then vote with Senator Striking section 313 is important be- Why would anyone in this Senate UDALL. If you believe it is dangerous cause that section harms DOD’s ability want to stop us from developing alter- for us to rely on oil from countries who to diversify its fuel supplies by devel- native fuels? I don’t get it. We are try- want to cause us harm, then you

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7011 should support the Udall amendment. Murkowski Rockefeller Thune which requirement shall not be interpreted If you believe it is good for our health, Murray Sanders Udall (CO) to limit or alter the authority of such Sec- Nelson (NE) Schumer Udall (NM) our environment, to invest in alter- retary to process members of the Armed Nelson (FL) Shaheen Warner Forces for administrative separation for native energy, then vote for the Udall Pryor Snowe Whitehouse Reed Stabenow other offenses or under other provisions of amendment. It is a win-win-win and, Wyden law. most of all, the military tells us we Reid Tester should continue this program. It is im- NAYS—37 (b) DEFINITIONS.—In this section: (1) The term ‘‘covered offense’’ means the portant so that we have an agile, Alexander Enzi Paul following: Ayotte Graham Portman adaptable force, and it is important for (A) Rape or sexual assault under sub- our national security. Barrasso Hatch Risch Boozman Heller Roberts section (a) or (b) of section 920 of title 10, I will be proud to vote for this Brown (MA) Hutchison Rubio United States Code (article 120 of the Uni- amendment. Burr Inhofe Sessions form Code of Military Justice). I yield the floor, and I suggest the ab- Chambliss Isakson Shelby (B) Forcible sodomy under section 925 of sence of a quorum. Coats Johnson (WI) Toomey title 10, United States Code (article 125 of the Coburn Kyl Vitter Uniform Code of Military Justice). The PRESIDING OFFICER (Mr. Corker Lee Webb CARDIN). The clerk will call the roll. Cornyn Manchin (C) An attempt to commit an offense speci- Wicker The bill clerk proceeded to call the Crapo McCain fied in subparagraph (A) or (B) under section roll. DeMint McConnell 880 of title 10, United States Code (article 80 of the Uniform Code of Military Justice). NOT VOTING—1 The PRESIDING OFFICER. Without (2) The term ‘‘special victim offenses’’ objection, the Senator from Colorado is Kirk means offenses involving allegations of any recognized. The amendment (No. 2985) was agreed of the following: Mr. UDALL of Colorado. Mr. Presi- to. (A) Child abuse. dent, I ask unanimous consent that the Mr. LEVIN. Mr. President, I move to (B) Rape, sexual assault, or forcible sod- order for the quorum call be lifted. reconsider the vote. omy. The PRESIDING OFFICER. Without Mr. MANCHIN. I move to lay that (C) Domestic violence involving aggra- vated assault. objection, it is so ordered. motion on the table. Mr. UDALL of Colorado. Mr. Presi- The motion to lay upon the table was The PRESIDING OFFICER. The Sen- dent, I ask unanimous consent that agreed to. ator from New York is recognized. Senators BAUCUS, COONS, Mr. BROWN of AMENDMENT NO. 3016 Mrs. GILLIBRAND. Mr. President, I Ohio, LIEBERMAN, STABENOW, CANT- Mr. LEVIN. Mr. President, I now ask WELL, SCHUMER, DURBIN, Mr. JOHNSON rise to talk about an amendment that unanimous consent that we proceed to I believe is on an incredibly urgent of South Dakota, BENNET, the consideration of amendment No. matter. BLUMENTHAL, WHITEHOUSE, and COLLINS 3016 of Senator GILLIBRAND. be added as cosponsors to my amend- The PRESIDING OFFICER. Is there Today the vast majority, almost all ment No. 2985. objection? Without objection, it is so of our servicemembers, serve this coun- The PRESIDING OFFICER. Without ordered. try so honorably, so bravely. But there objection, it so ordered. The clerk will report the amendment. is a very small number who do not, Mr. UDALL of Colorado. Mr. Presi- Mr. LEVIN. I was going to add some- who are engaging in sexual assault in dent, I yield the floor and suggest the thing further to the request, and that the military. Despite Secretary Panet- absence of a quorum. is that there be 5 minutes of debate on ta’s efforts to have a zero tolerance The PRESIDING OFFICER. The the Gillibrand amendment and then policy in this country, in 2011 alone clerk will call the roll. Senator MIKULSKI be recognized to there were 3,000 military assaults re- The bill clerk proceeded to call the speak as in morning business for 5 min- roll. ported, and the Secretary of Defense utes. reports the real number is much closer Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without to 19,000 assaults. In the words of the unanimous consent that the order for objection, it is so ordered. the quorum call be rescinded. The Senator will suspend for a mo- DOD, sexual violence in the military The PRESIDING OFFICER. Without ment. ‘‘is an affront to the basic American objection, it is so ordered. Mrs. GILLIBRAND. Mr. President, I values we defend, and may degrade Mr. LEVIN. Mr. President, I ask for request my amendment be called up. military readiness, subverts our stra- the yeas and nays. The PRESIDING OFFICER. The tegic goodwill, and forever changes the The PRESIDING OFFICER. Is there a clerk will report. lives of victims and their families.’’ sufficient second? The assistant bill clerk read as fol- My amendment is very simple. Today There appears to be a sufficient sec- lows: each of the services have policies that ond. The Senator from New York [Mrs. GILLI- address this issue, but the one that the The question is on agreeing to BRAND], for herself, Ms. COLLINS, and Ms. Navy has is the best. My amendment amendment No. 2985. SNOWE, proposes an amendment numbered The clerk will call the roll. 3016. requires the Department to oversee The bill clerk called the roll. Mrs. GILLIBRAND. I ask unanimous that each of the service branches has Mr. KYL. The following Senator is consent the reading of the amendment established a policy that would man- necessarily absent: the Senator from be dispensed with. date that servicemembers convicted of Illinois (Mr. KIRK). The PRESIDING OFFICER. Without sexual offenses will be processed for ad- The PRESIDING OFFICER. Are there objection, it is so ordered. ministrative separation. any other Senators in the Chamber de- The amendment is as follows: The reason this is so important is be- siring to vote? (Purpose: To provide for the processing for cause one-third of convicted sexual of- The result was announced—yeas 62, administrative separation from the Armed fenders in the military are still re- nays 37, as follows: Forces of members who are convicted of certain sexual offenses under the Uniform tained. They are still serving. So, obvi- [Rollcall Vote No. 206 Leg.] ously, we must do better. We need a YEAS—62 Code of Military Justice and not punitively discharged in connection with such convic- uniform standard to correct these defi- Akaka Collins Kerry tions) ciencies in the respective branch poli- Baucus Conrad Klobuchar Begich Coons Kohl On page 138, strike lines 14 through 20 and cies to be able to serve our military Bennet Durbin Landrieu insert the following: families and our military members as Bingaman Feinstein Lautenberg (8) A requirement that each Secretary of a we should. Blumenthal Franken Leahy military department establish policies that Blunt Gillibrand Levin require that each member of the Armed I yield the floor. Boxer Grassley Lieberman Forces under the jurisdiction of such Sec- The PRESIDING OFFICER. The Sen- Brown (OH) Hagan Lugar retary whose conviction for a covered offense Cantwell Harkin McCaskill ator from Michigan. is final and who is not punitively discharged Cardin Hoeven Menendez Mr. LEVIN. Mr. President, I know of Carper Inouye Merkley from the Armed Forces in connection with Casey Johanns Mikulski such conviction be processed for administra- no further debate on the Gillibrand Cochran Johnson (SD) Moran tive separation from the Armed Forces, amendment.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7012 CONGRESSIONAL RECORD — SENATE November 28, 2012 Mrs. GILLIBRAND. Mr. President, I Mr. MCCAIN. I move to lay that mo- ther Federal employment or contracts would like to say Senator COLLINS and tion on the table. with the Federal Government, there Senator SNOWE are cosponsors of this The motion to lay on the table was would be stability in their employ- amendment. agreed to. ment. Ms. SNOWE. Mr. President, I am The PRESIDING OFFICER. Without I can also say as to the stock market pleased to rise in support of this objection, it is so ordered. we could have a floor under the stock amendment, which will require that Mr. LEVIN. I understand under the market, and we might even have a every military service must establish a unanimous consent agreement the Sen- jump in the stock market. Just one- crystal-clear, zero-tolerance policy ator from Maryland is to be recognized third of Americans believe Congress that military personnel who are con- for 5 minutes as in morning business. can be counted on to behave like re- victed of a sexual offense will not be The PRESIDING OFFICER. The Sen- sponsible adults—only one-third. They permitted to continue to serve our Na- ator from Maryland is recognized. have seen no compromise or coopera- tion in uniform. THE FISCAL CLIFF tion. They have seen lip service. We According to the Department of De- Ms. MIKULSKI. Mr. President, I am don’t need to be trading pet rocks over fense, approximately 3,000 sexual as- not going to linger because there is what we need to do, and we should not saults were reported in the military in much to be discussed on the Defense throw them either. We have to come 2011. Yet some estimate that the actual authorization. What I wish to talk together, both sides of the aisle, both number of sexual assaults in our mili- about for a few minutes is about the sides of the dome, with the White tary in 2011 is closer to 19,000, account- safety and security of the United House. ing for the terrible reality that many States of America, meaning our sol- We do not lack in ideas. The content attacks are never reported. Without vency and the demonstration of our for a solution is not new. We have had question, this is an entirely unaccept- ability to govern. excellent people working on this. We able situation, and is another compel- We need a sense of urgency about have seen Simpson-Bowles in a report, ling reason that the Department of De- solving the fiscal cliff problem. We Domenici-Rivlin, wise heads giving us fense, as well as Congress, must con- need to end the culture of delay in this good ideas. We have had the supercom- mittee that fleshed out a lot of these tinue to do what is necessary to elimi- institution. I am very concerned that issues and knows where the disagree- nate, once and for all, sexual assaults as we talk about solving the problems ments are. We have had the Gang of 6, from occurring within our military of the fiscal cliff, there is this whole the Gang of 8. Let’s get to the Gang of ranks. dynamic going on. There is this whole 100 and pass this bill. I would be happy Unfortunately, as my colleague Sen- patter going on, from staff level to ator GILLIBRAND has noted, each of the with the Gang of 51. Senators. It is, oh, we are going to be I want to be sure we know, because services have different policies for here until Christmas Eve. dealing with military personnel who we do know, the ideas. We do not lack I think that is a disaster. I think it is in ideas. What we lack is will and mo- are convicted of a sexual offense. As a a disaster for our economy, I think it is result, according to the Department of mentum to get this job done. My prin- a disaster for the demonstration of our ciples are simple and straightforward: Defense’s April 2012 Sexual Assault ability to govern, and I think it is a Prevention and Response report, ap- No. 1, let’s have a sense of urgency. No. disaster for our standing in the world. 2, make sure when we look at cuts that proximately 40 percent of servicemem- We need to show we can govern our- bers who have been convicted of a sex- we count the cuts that we have already selves, and we can put ourselves on a done. For example, the $900 billion we ual offense in a courts-martial are not sound fiscal path with the right com- discharged or dismissed as part of that have done in the Budget Control Act bination of growth, frugality, and en- because that would also include the judgment. suring a safety net for the most vulner- Our honorable and law-abiding mili- $450 billion that we have done in de- able of our citizens. I am here to say to tary personnel deserve far better. And fense spending—the kinds of issues we my colleagues on both sides of the that is why our amendment is so im- have talked about. Let’s also count the aisle, both sides of the dome, and even portant. By requiring all military serv- $550 billion that we did in reforming the White House: Let’s get the job ices to establish a policy that all who Medicare during health care reform. are convicted of sexual assaults must done. I propose let’s really conscien- We have had good words, now we be processed for administrative separa- tiously work hard to make sure we need good deeds and swift action. Just tion from the military, we will remove have a framework that we could vote think what it would mean to reach an from our military ranks sexual assault on by the weekend of December 15. agreement by December 15. Americans Why do I want December 15 as a offenders who threaten the welfare of could see that we can work together. the men and women of our armed serv- deadline? It is Saturday. Mr. President, Think about the energy this would ices, as well as their families. you, yourself, have tweeted about—Oh, unlock to avoid a sequester. Think I was very pleased to join with Sen- let’s have Saturday as Small Business about what a signal this would be to ator GILLIBRAND in crafting this Week. We have had cyber Mondays. middle-class people on Main Street as amendment, and urge my colleagues to Let’s have a strong economy closing of well as the people on Wall Street be- join me in supporting its passage the week before Christmas. cause business would have certainty, today. Unfortunately, our work is not I can tell you, Mr. President, if we we would have consumer confidence, yet done, which is why I have also show that we can govern and actually and we could have a new self-con- joined with Senator KLOBUCHAR to de- pass a bill by Saturday, December 15, fidence about ourselves that we could velop several additional amendments that does exactly what I said. It shows govern. to this bill in furtherance of the effort that we have a sense of frugality and The Presiding Officer and I represent to eradicate sexual assault in the mili- are on a path where we are solving our a great State. We represent a State tary. I urge my colleagues to join us in issues around debt, but we also have that has an innovative economy, from supporting each of these amendments the elements that promote growth and both the Federal Government and its as well. We owe it to our military per- ensure a safety net for the most vul- great Federal labs, such as NIH, to its sonnel to do everything possible to nerable. We could do three things: We great national security areas, such as stop sexual assaults from occurring could show that we can govern. That the Cyber Command at Fort Meade. within our armed services. would be very big in the mind of the Yes, they would be devastated by a se- Mr. LEVIN. I know of no further de- public, that we could govern ourselves. quester. So would our contractors, bate on the Gillibrand amendment. It would be important to the public, both defense and civilians. Great iconic The PRESIDING OFFICER. If there and it would be important to the world, institutions such as Hopkins would is no further debate, the question is on particularly those who lend us money. take a huge hit in not only research the adoption of the amendment, No. It would be an enormous sense of and development but in providing care 3016. boosting consumer confidence 10 days to the needy, care to the desperate who The amendment was agreed to. before Christmas. We would show that come from all over the country to get Mr. LEVIN. Mr. President, I move to we are on the way to solving our prob- help for a sick child or an aging rel- reconsider the vote. lems. For those who benefit from ei- ative or to get eyesight restored at the

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7013 Wilmer Eye Institute. Sure, I am for having lived in this country for more cause they were undocumented and jobs in Maryland, but I am here trying than 16 years, had to leave and go back afraid of being deported. Many were de- to stand for America. to Brazil, where her family had been ported. But I came to the floor to tell We need to show we can govern, and before they immigrated to the United the stories of those who had the cour- we cannot wait until December 24, that States, wait 10 years, and then try to age to step up and identify themselves somehow or another this is going to be come back in. What a waste of talent. and run that risk, just so people knew Santa Claus, because if we don’t act So I introduced the DREAM Act to who they were. soon, we are going to get rocks in our give her and many like her a chance— I will tell a story today about Pierre socks, and I think they would be well a chance to be legalized, to become Beranstain. deserved. part of America. Pierre and his sister were brought to I yield the floor. Over the years, we have had many the United States by their parents Mr. LEVIN. I note the absence of a votes. I have always had a majority from Peru in 1998, when they were chil- quorum. vote on the floor, a bipartisan majority dren. Pierre did not speak a word of The PRESIDING OFFICER. The vote, but I have been unable to break English when he first arrived in clerk will call the roll. the filibuster from the other side of the Carrollton, TX, but he worked hard to The legislative clerk proceeded to aisle. learn English. He excelled academi- call the roll. Well, now this issue’s time has come cally and was accepted into the Acad- Mr. LEVIN. Mr. President, I ask because this President issued an execu- emy of Biomedical Professions in his unanimous consent that the order for tive order earlier this year to allow high school. the quorum call be rescinded. those who have been here and would In 2006, Pierre was accepted at Har- vard, one of the best universities in our The PRESIDING OFFICER (Mr. qualify for the DREAM Act to stay country. He went on to get a bachelor’s MERKLEY). Without objection, it is so without deportation if they registered, degree with honors. He is currently ordered. made it clear that they qualified other- pursuing a master’s degree at Harvard Mr. LEVIN. Mr. President, I ask wise for the DREAM Act, had no seri- unanimous consent that the Senator Divinity School. ous criminal past that would jeopardize In addition to working on this grad- from Illinois be allocated 7 minutes to anyone in the United States, and go speak as in morning business. uate degree, he is active in his commu- through the process of review to be nity. Among many other volunteer ac- Mr. MCCAIN. Mr. President, reserv- fingerprinted, to be basically identified ing the right to object, I ask that the tivities, Pierre works at Renewal as part of the system. House, a domestic violence shelter in Senator modify his request that the It was a great leap of faith for these Senator be immediately followed by Boston. young people, who had been here for so His volunteer work led Harvard to Senator KYL to offer an amendment, many years hiding, to step up in front award Pierre the Thomas E. Upham with the proviso that it is cleared by of somebody and say: I am going to re- Scholarship, which is given to an out- the majority. port myself to the Government of the The PRESIDING OFFICER. Is there standing graduate student committed United States. But they did it. Tens of to public service. objection? thousands did it, and they continue to. Pierre recently wrote an article Without objection, it is so ordered. This deferred action that is being of- about growing up as an undocumented The Senator from Illinois. fered to so many of these young people immigrant. This is what he said: THE DREAM ACT gives them a chance now to work in I am not a criminal, a monster, a predator, Mr. DURBIN. Mr. President, we just the United States, to go to school in or someone who sits at home doing nothing concluded a Presidential campaign. the United States, and to be here le- substantive or meaningful. I care for this Who could have missed it? There were gally. That is why this issue is so im- country; I care for its successes as well as its a lot of issues that were discussed, but portant. But we are far from finished. struggles, for its joys as well as its sorrows. one of particular interest to me was We have not passed the law. We have I am not asking that our government main- one that involves a personal effort I an executive order from the President tain an open-door policy for immigrants. I have made to pass a piece of legislation am simply asking that it give an oppor- that gives them this chance. tunity to those of us who have proven our- known as the DREAM Act. I introduced This weekend, in Kansas City, MO, selves. the DREAM Act 11 years ago. Things hundreds of DREAMers—that is what Well, Pierre is right. America needs move slowly in the Senate, but this has we call these young people now—are young people just like him, who love taken way too long. going to get together. They are part of their country and are dedicated to car- It has been heartening over the years the largest national organization of ing for our society’s most vulnerable. to watch the support for the DREAM DREAMers: United We Dream. They So what do the American people Act grow among the American people. will be planning their next effort—ad- think about the idea of the DREAM It has also been interesting to me that vocating for immigration reform legis- Act? Listen to a recent poll. A in the last Presidential campaign one lation that will bring them and their Bloomberg poll found that 64 percent of of the issues asked of Governor Rom- families out of the shadows once and likely voters—almost 2 out of 3, includ- ney, as well as President Obama, point- for all and give them a chance to earn ing 66 percent of Independents—support blank, was: Are you for the DREAM their way to legal status and citizen- the policy, compared to only 30 percent Act? I guess that says quite a bit for ship in America. who oppose it. By a margin of 2 to 1, this piece of legislation and the idea One part of immigration reform—the the American people know this is the and principle behind it. DREAM Act—is near and dear to me. right thing to do. When I introduced the DREAM Act 11 But I want to see comprehensive immi- Now we need to pass comprehensive years ago, it was because I met a young gration reform before it is all over. We immigration reform. On our side, the woman from Chicago, Tereza Lee, who know if we pass the DREAM Act, it negotiating effort will be led by Sen- was Korean, who came to this country will help the economy, creating new ator SCHUMER of New York, who chairs as a child, was raised in the United jobs and economic growth when the the Immigration Subcommittee, and a States, but her parents never filed the talent of these young people, as they number of us will join in that effort. necessary documentation. So Tereza come out of high school and college, is We are going to join with those on the Lee was graduating from high school in brought into our economy. other side—Senators JOHN MCCAIN, Chicago, an accomplished pianist, and In my home State of Illinois, by 2030, LINDSEY GRAHAM, MARCO RUBIO, SUSAN she had been accepted at the Manhat- the DREAM Act would contribute $14 COLLINS, RAND PAUL, and Senator-elect tan Conservatory of Music in the billion in economic activity and JEFF FLAKE—who have expressed an in- Juilliard School of Music, but she was DREAMers would create up to 58,992 terest in this issue to make sure we undocumented, she was not a citizen, new jobs. move forward in a bipartisan fashion to she was not here legally. I come to the floor of the Senate fre- try to finally find a solution to immi- So she came to our office and asked quently to tell their stories. They used gration reform. what she could do, and we had to ad- to hide in the shadows. They did not Let me close by thanking Senator vise her mom, under the law, Tereza, want to talk about who they were be- JON KYL and Senator KAY BAILEY

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7014 CONGRESSIONAL RECORD — SENATE November 28, 2012 HUTCHISON. Yesterday they introduced Mr. KYL. Mr. President, I ask unani- mittee on Appropriations of the House of the ACHIEVE Act, which has been mous consent that the order for the Representatives. called the Republican version of the quorum call be rescinded. Mr. KYL. Let me begin by saying DREAM Act. I have worked with them The PRESIDING OFFICER. Without that I send this amendment to the desk for a long time. We share many of the objection, it is so ordered. with an understanding of the chairman same ideas. We have some differences. I AMENDMENT NO. 3123 of the Foreign Relations Committee have some concerns, but I appreciate Mr. KYL. Mr. President, I send an and of the Armed Services Committee that Senator KYL and Senator amendment to the desk No. 3123. that before I would request a vote on HUTCHISON have come forward with this The PRESIDING OFFICER. The this amendment, we would work out proposal. clerk will report. the language, the specific language of The PRESIDING OFFICER. The Sen- The assistant legislative clerk read this amendment, along with the rank- ator’s time has expired. as follows: ing members, and would not ask for a Mr. DURBIN. Mr. President, I ask The Senator from Arizona [Mr. KYL], for vote unless that is achieved. unanimous consent for 2 additional himself, Mr. LIEBERMAN, Mr. INHOFE, Mr. This amendment has been offered not minutes, please. RISCH, Mr. LUGAR, Mr. DEMINT, Mr. CORNYN, only for myself, but also Senators LIE- The PRESIDING OFFICER. Without Mr. RUBIO, Mr. WICKER, Ms. AYOTTE, Ms. BERMAN, INHOFE, RISCH, LUGAR, SES- objection, it is so ordered. COLLINS, and Mr. SESSIONS, proposes an SIONS, DeMINT, CORNYN, RUBIO, WICKER, Mr. DURBIN. I am sorry I will not amendment numbered 3123. AYOTTE, and COLLINS. Our purpose is to have the chance to work with these Mr. KYL. Mr. President, I ask unani- get a greater involvement at an earlier two Senators on this measure because mous consent that the reading of the stage of the Senate in discussions be- they are both retiring. But I hope we amendment be dispensed with. tween the United States and the Rus- can build on what they have offered on The PRESIDING OFFICER. Without sian Federation regarding nuclear their side of the aisle in a bipartisan objection, it is so ordered. arms, missile defense, and potentially fashion. The amendment is as follows: long-range conventional strike sys- In that spirit, let me point out two (Purpose: To require regular updates of Con- tems. These are all three matters that major concerns with the ACHIEVE gress on the military implications of pro- have been the subject of treaties and Act. The bill is limited to young people posals of the United States and Russia agreements. who arrived in the United States since under consideration in negotiations on nu- There has been an indication by dif- clear arms, missile defense, and long-range the age of 13 or under. That would have conventional strike system matters) ferent people within the administra- the effect of excluding DREAMers who tion, indeed even the President, that he At the end of subtitle F of title X, add the were brought when they were still chil- following: may be wanting to talk to the Russian dren at the age of 14 or 15. SEC. 1064. BRIEFINGS AND CONSULTATIONS ON Federation representatives about addi- Let me give you two examples of peo- THE MILITARY IMPLICATIONS OF tional agreements in these areas. ple I know. PROPOSALS OF THE UNITED STATES There have been concerns that the This is a picture I have in the Cham- AND RUSSIA UNDER CONSIDER- Congress is not adequately briefed on ATION IN NEGOTIATIONS ON NU- ber of Tolu Olubunmi. She was brought CLEAR ARMS, MISSILE DEFENSE, those discussions and certainly not at to America from Nigeria when she was AND LONG-RANGE CONVENTIONAL an early enough date. Clearly, if these 14 years old. Tolu obtained a bachelor’s STRIKE SYSTEM MATTERS. agreements reach a formal stage, they degree in chemical engineering 10 years (a) BRIEFINGS AND CONSULTATIONS.— can require ratification by the Senate. ago. She still cannot work as an engi- (1) BRIEFINGS.—Not later than 30 days after We think it is important that they not neer. We can use her talent. the date of the enactment of this Act, and be, in effect, negotiated in their en- every 120 days thereafter, the Secretary of Let me also show you a picture of Defense shall, in coordination with the tirety before they are known to the Novi Roy. He was brought to America Chairman of the Joint Chiefs of Staff, pro- Senate and before some input from from India when he was 14 years old. vide to the appropriate committees of Con- Members of the Senate can be provided Novi graduated from the University of gress a briefing on the military and strategic to the administration. Illinois at Urbana-Champaign with a implications of any offer or proposal, by ei- What the amendment as originally bachelor’s degree in economics and two ther the Russian Federation or the United introduced therefore would do is to re- master’s degrees, one in business ad- States, to limit or control nuclear arms, quire regular updates of Congress on ministration and one in human re- missile defense systems, or long-range con- the military implications of proposals ventional strike systems, including any pro- sources. His dream is to help provide posal as part of formal negotiations between that the United States and Russia have affordable health care to a lot of people the two countries or otherwise exchanged be- under consideration in their negotia- who do not have it in America. tween official entities of the two countries. tions on nuclear arms, missile defense, Tolu and Novi should be eligible for (2) BASIS OF QUARTERLY CONSULTATIONS.— or long-range conventional strike sys- the DREAM Act. They would not be The briefings under paragraph (1) shall serve tems, and in its current form would re- under the ACHIEVE Act. The other as the basis for quarterly consultations to be quire the Secretary of Defense to brief thing is, I want them to have a path to provided by the Secretary to the appropriate the Foreign Relations, the Armed Serv- citizenship. At the end of the day, after committees of Congress on any current pro- ices, and the Appropriations Commit- posals described in that paragraph. tees. they have earned their stripes, paid (b) SENSE OF CONGRESS.—It is the sense of their price, paid the taxes, did every- Congress that any agreement of the United One of the changes that we might thing they were supposed to do, give States with the Russian Federation related want to make here is that the briefings them a chance—not to go to the front to missile defense, nuclear weapons, or long- might include other groups within the of the line but the back of the line— range conventional strike systems that Congress as well. These briefings could and give them a chance to be American would limit, constrain, or reduce the Armed occur, under this proposal, no later citizens. It is the right thing to do. Forces or armaments of the United States in than 30 days after the act goes into It is time for this to become a truly any militarily significant manner may be force, and would affect the quarterly made only pursuant to the treaty-making briefings where the administration bipartisan issue. I hope in the next power of the President as set forth in Article Congress we can truly come together II, section, 2, clause 2, of the Constitution of would, on a quarterly basis, provide for the sake of these young people, and the United States, as consistent with section consultation between the Congress and so many others just like them all 303(b) of the Arms Control and Disarmament the Secretary of Defense regarding any across America, to finally let their Act. proposals to limit or reduce nuclear dream come true. (c) APPROPRIATE COMMITTEES OF CONGRESS arms, missile defense or, as I said, Mr. President, I yield the floor. DEFINED.—In this section, the term ‘‘appro- long-range conventional strike sys- Mr. LEVIN. I suggest the absence of priate committees of Congress’’ means— tems. (1) the Committee on Armed Services, the The amendment also does something a quorum. Committee on Foreign Relations, and the The PRESIDING OFFICER. The Committee on Appropriations of the Senate; else which we may have to modify the clerk will call the roll. and language of, but it would express the The assistant legislative clerk pro- (2) the Committee on Armed Services, the sense of Congress that any agreement ceeded to call the roll. Committee on Foreign Affairs, and the Com- between the United States and Russia

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7015 that would limit or constrain or reduce This amendment is critical legisla- Mr. LEVIN. Mr. President, I wish to our missile defense or our nuclear tion that improves how DOD and VA commend and thank Senator MURRAY weapons or long-range conventional provide mental health care. I think ev- for her huge effort in this area. Her ef- strike systems in any militarily sig- eryone in this body knows about it and forts on behalf of our veterans and our nificant manner could only be done is distressed by the alarming rate of troops have been instrumental in pursuant to the treaty-making power suicide and mental health problems in bringing some of the corrections that of the President as set forth in the our military and veterans populations. are needed to the forefront, and we Constitution. And that, of course, is in We know our servicemembers and very much welcome this amendment. It order to protect our right to consult, veterans have faced unprecedented touches issues which are very much on provide advice and consent to any mat- challenges, multiple deployments, dif- the minds of most Americans; that is, ters that reach that level of negotia- ficulty finding a job here at home, iso- the mental health care we provide for tion between the administration and, lation in their communities, and some our veterans and for our troops. in this case, the Russian Federation. have faced very tough times reinte- I simply not only support this We will have more to say about this grating into family life with loved ones amendment, but I wish to commend if we have an opportunity to further trying to relate but not knowing how. Senator MURRAY for her leadership and debate. As I said, I am happy to sit These are the challenges our service- her initiative and I hope and believe it down with the chairman of the Senate members and veterans know all too can be passed on a voice vote. Foreign Relations Committee and the well. But even today as they turn to us The PRESIDING OFFICER. Is there Armed Services Committee to consider for help, we are losing the battle. further debate on the amendment? If any changes they might want to make Time and again we have lost service- not, the question is on agreeing to to this language with the purpose of members and veterans to suicide. amendment No. 3099. getting it adopted, rather than just While the Departments of Defense and The amendment (No. 3099) was agreed having something to talk about. Veterans Affairs have taken very im- to. This is something we need. Congress portant steps toward addressing this Mr. LEVIN. Mr. President, I move to needs to be advised. We need to be con- crisis, we know more does need to be reconsider the vote. sulted on matters this important. I do done. We know any solution depends on Mrs. MURRAY. I move to lay that not think the administration would reducing wait times and improving ac- motion upon the table. argue with that; it is a matter of com- cess to mental health care. We know The motion to lay upon the table was ing to an agreement on how we would they need to have the proper diagnosis, agreed to. actually do it. and we know we need to achieve true Mr. LEAHY. Madam President, I ask I appreciate the cooperation of the coordination of care and information unanimous consent that the order for chairman of the committee and the between the Departments of Defense the quorum call be rescinded. ranking member. and Veterans Affairs. The PRESIDING OFFICER (Ms. KLO- The PRESIDING OFFICER. The Sen- What this amendment does is require BUCHAR). Without objection, it is so or- ator from Michigan. a comprehensive, standardized, suicide dered. Mr. LEVIN. Mr. President, I thank prevention program across the Depart- Mr. LEAHY. Madam President, I my friend from Arizona, Senator KYL, ment of Defense. It requires the use of know we have matters under discussion for his willingness to sit down and try best medical practices in suicide pre- with the distinguished chairman and to work this out in a way which is sat- vention and behavioral health pro- the distinguished ranking member of isfactory to him and the Foreign Rela- grams to address some serious gaps the committee. I have discussed with tions Committee. We very much appre- that exist in the current programs, and them that I am not bringing up an ciate that. We know what he is after this amendment expands eligibility for amendment at this point. But let me and we believe there should be con- VA mental health services to family talk about an amendment that I will sultation. So we are trying to make members of our veterans. This amend- bring up and expect to pass at some that happen. ment would also give servicemembers point. I suggest the absence of a quorum. an opportunity to serve as peer coun- The amendment I will call up at The PRESIDING OFFICER. The selors to fellow Iraq and Afghanistan some appropriate point is legislation I clerk will call the roll. veterans and create a quality assur- have been trying to get enacted for The assistant legislative clerk pro- more than 3 years called the Dale Long ceeded to call the roll. ance program for the historically trou- bled disability evaluation system. Public Safety Officers’ Benefits Im- AMENDMENT NO. 3099 It would require the VA to offer peer provement Act. This legislation im- (Purpose: To improve mental health care support services at all medical centers proves the Public Safety Officers’ Ben- programs and activities for members of the efits Act, which is the Federal death Armed Forces and veterans) and create opportunities to train more and disability program for our Nation’s Mrs. MURRAY. Mr. President, I call veterans to provide these needed peer first responders who are killed or dis- up amendment No. 3099. services. It will require the VA to es- The PRESIDING OFFICER. Without tablish accurate and reliable measures abled in the line of duty. objection, the pending amendment is for mental health services. Just so Senators will know, an ear- set aside. We must have an effective suicide lier version of this legislation was The clerk will report. prevention program in place. It is often adopted here on the Senate floor by The assistant legislative clerk read only on the brink of crisis that a serv- voice vote in December 2011. The Pre- as follows: icemember or a veteran seeks care. If siding Officer will recall it was almost The Senator from Washington [Mrs. MUR- they are told, sorry, we are too busy to exactly a year ago when we brought RAY] proposes an amendment numbered 3099. help you, we have lost the opportunity that up. It was adopted as part of the Mrs. MURRAY. I ask unanimous con- to help them. To me and to all of us FAA Air Transportation Modernization sent that the reading of the amend- here, that is not acceptable. and Safety Improvement Act. During ment be dispensed with. I wish to thank Senator LEVIN and the course of conference negotiations The PRESIDING OFFICER. Without Senator MCCAIN for their work on this related to the FAA legislation, the objection, it is so ordered. Defense authorization bill and for their House Judiciary chairman LAMAR (The amendment is printed in today’s help in bringing this amendment to the SMITH and I negotiated additional RECORD under ‘‘Text of Amendments.’’) floor today. I believe there are no ob- measures to be added to the legisla- Mrs. MURRAY. Mr. President, the jections to this amendment, and I hope tion. Our work together produced a amendment that is pending in front of we can move it as quickly as possible. package of improvements that contains us is to improve the mental health and I would ask unanimous consent to a modest expansion of benefits for de- suicide prevention services. It is lan- add Senator BAUCUS as an original co- serving emergency medical responders, guage that is derived from our Mental sponsor. and a host of reforms to make the Pub- Health ACCESS Act, which was unani- The PRESIDING OFFICER. Without lic Safety Officers’ Benefits program mously approved by the Veterans’ Af- objection, it is so ordered. stronger, more effective, and more cost fairs Committee. The Senator from Michigan. efficient.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7016 CONGRESSIONAL RECORD — SENATE November 28, 2012 The legislation has become one of the mates that enacting the legislation would Mr. LEVIN. Will the Senator from cornerstones of the partnership we have no significant net effect on direct Vermont yield? have between the Federal Government spending or discretionary spending from the Mr. SANDERS. Yes. and our first responders and will make PSOB program. Mr. LEVIN. I understand the Senator H.R. 4018 contains no intergovernmental or that partnership even stronger. In fact, private-sector mandates as defined in the will take about 10 minutes; is that cor- the reforms Chairman SMITH and I de- Unfunded Mandates Reform Act and would rect? veloped in consultation with the De- impose no costs on state, local, or tribal gov- Mr. SANDERS. Somewhere in that partment of Justice and the first re- ernments. vicinity. sponder community completely offset The CBO staff contact for this estimate is Mr. LEVIN. And then the Senator and eliminate an estimated modest in- Mark Grabowicz. The estimate was approved will take approximately 10 minutes? crease in spending. by Theresa Gullo, Deputy Assistant Director Mr. WHITEHOUSE. I would like to be Unfortunately, at that time, due to for Budget Analysis. recognized at the conclusion of the re- an error made by the Congressional Mr. LEAHY. Despite our setback, marks of the Senator from Vermont for Budget Office, the matter was dropped Chairman SMITH and I were, and have about 10 minutes. from the FAA conference report. The remained, determined to move forward. Mr. LEVIN. I ask that the two Sen- CBO, to their credit, later corrected I know I have his full support for inclu- ators be recognized for 10 minutes each their error, and provided an official sion of this measure in the Defense au- as in morning business. cost estimate which makes clear this thorization measure we now consider, The PRESIDING OFFICER. Without legislation will result in no new Fed- and I greatly appreciate the efforts he objection, it is so ordered. eral spending. I ask unanimous consent made in a bipartisan manner to get WALL STREET to have printed in the RECORD a copy of this done. In fact, the legislation con- Mr. SANDERS. Madam President, that letter. taining this amendment was unani- sometimes there is no end to arro- There being no objection, the mate- mously passed in the House of Rep- gance. I find it literally beyond com- rial was ordered to be printed in the resentatives in June of this year by a prehension that we have folks from RECORD, as follows: voice vote. Wall Street who receive huge bailouts I know a lot of Senators on both sides CONGRESSIONAL BUDGET OFFICE COST from the people of our country, from ESTIMATE of the aisle care about reforming gov- working families in this country, be- June 22, 2012. ernment programs and making the cause of the greed and recklessness and Federal Government work better. This H.R. 4018—PUBLIC SAFETY OFFICERS’ BENEFITS illegal behavior that Wall Street did to is a bipartisan measure that does that. IMPROVEMENTS ACT OF 2012 drive us into this recession, and now It will speed up claims processing, it As ordered reported by the House Committee on these very same people are coming the Judiciary on June 6, 2012 will reduce costs to the Department of here to Congress to lecture us and the Justice, and it will lessen unnecessary CBO estimates that implementing H.R. American people about how we have to 4018 would have no significant cost to the paperwork burdens for claimants. It cut Social Security, Medicare, and federal government. Enacting the bill could has passed with overwhelming Demo- Medicaid while they enjoy huge sala- affect direct spending; therefore, pay-as-you- cratic and Republican support in the ries and retirement benefits. go procedures apply. However, CBO esti- House. It had stalled in the past over Lloyd Blankfein is the CEO of Gold- mates that any effects would be insignificant misguided objections. Some might say man Sachs. In 2006 and 2007 he was the for each year. The legislation would not af- this is not the responsibility of Con- highest paid executive on Wall Street, fect revenues. gress. As a constitutional matter, that making over $125 million in total com- Under current law, the families of public is simply not true. It is a matter of pol- safety officers who have died as a result of pensation. My understanding is that he injuries sustained in the line of duty are eli- icy. has wealth of hundreds of millions of gible for a one-time payment of about Since 1976, Congress has made the dollars. Goldman Sachs received a $278 $320,000. Public safety officers who have been judgment that the right thing to do is million refund—Goldman Sachs did— permanently disabled are eligible for the to take care of surviving spouses and from the IRS in 2008 even though it same payment, but this payment is subject children of police officers, firefighters, made a profit of $2.3 billion. During the to the availability of appropriated funds. and emergency medical responders who financial crisis, Goldman Sachs re- This legislation would make members of are killed in the line of duty. Congress ceived a total of $814 billion in vir- rescue squads or ambulance crews operated has always provided assistance to these by nonprofit entities eligible for benefits tually zero interest loans from the Fed- paid when public safety officers are perma- heroes. If there is a Senator who be- eral Reserve and a $10 billion bailout nently disabled or die as a result of injuries lieves this is beyond the responsibility from the Treasury Department. This is sustained in the line of duty. H.R. 4018 also of Congress, then introduce and defend the CEO of Goldman Sachs. Now, with would narrow the eligibility of members of legislation to repeal the policy first en- his huge wealth, he is coming here to rescue squads or ambulance crews for bene- acted in 1976. Washington to lecture the American fits under the Public Safety Officers’ Benefit Americans take care of each other. people on how we have to cut Social (PSOB) program; as a result, some individ- We live by the ideal that we take care Security, Medicare, and Medicaid for uals would no longer receive benefits that of our own. Just as the Federal Govern- they could receive under current law. The tens of millions of Americans who are bill would prevent individuals from receiving ment is working hard to help those suf- struggling now to keep their heads certain benefits under the program if they fering from Hurricane Sandy or as the above water. receive payments from the September 11th Federal Government provides critical This is a statement Lloyd Blankfien Victim Compensation Fund of 2001. In addi- assistance to people and communities recently made, I believe, on a TV show: tion, the proposed legislation would make devastated by tornadoes or droughts or You’re going to have to, undoubtedly, do many technical and administrative changes wildfires, just as Congress stood by the something to lower people’s expectations, that aim to expedite the processing of claims families of those killed in the attacks the entitlements, and what people think for benefits. of September 11, 2001, we take care of they’re going to get because they’re not Based on the number of fatalities of mem- our own. We always will. going to get it. Social Security wasn’t de- bers of nonprofit rescue squads or ambulance vised to be a system that supported you for crews in recent years, CBO expects that, on As I said, at some appropriate time I will call up the amendment. a 30 year retirement after a 25 year career average, a few persons each year would be af- . . . So there will be certain things, like the fected by the proposed legislation and that I suggest the absence of a quorum. retirement age will have to be changed, additional payments from the PSOB program The PRESIDING OFFICER. The maybe the benefits will have to be affected, would be made. CBO estimates that those clerk will call the roll. maybe some of the inflation adjustments payments would total $13 million over the The legislative clerk proceeded to will have to be revised . . . But, in general, 2013–2022 period. However, based on informa- call the roll. entitlements have to be slowed down and tion from the Department of Justice, we ex- Mr. SANDERS. Madam President, I contained. pect that those costs would be offset by sav- ings from other provisions of the bill that ask unanimous consent that the order This comes from a man worth hun- would result in fewer persons receiving for the quorum call be rescinded. dreds of millions of dollars whose com- PSOB payments than will receive them The PRESIDING OFFICER. Without pany, along with the rest of the compa- under current law. As a result, CBO esti- objection, it is so ordered. nies on Wall Street, drove this country

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7017 into the recession it is in, which, by Second of all, obviously, at a time things that ‘‘will play important roles the way, contributed to the deficit we when the wealthiest people are doing in the future security environment.’’ are in. He is coming to Capitol Hill to phenomenally well and we have grow- The White House’s 2010 national secu- lecture us and lecture the working ing wealth and income inequality in rity strategist stated that ‘‘climate families in this country on how we America, of course we have to repeal change . . . threaten(s) the security of have to cut Social Security, Medicare, Bush’s tax breaks for people making regions and the health and safety of and Medicaid. I think arrogance has no $250,000 a year or more. That is another the American people.’’ end, that people from Wall Street can $1 trillion. We have to appreciate the Back to 2008, Dr. Thomas Fingar, come down here and tell us that. fact that one out of four corporations then Deputy Director of National Intel- I think most Americans understand in America doesn’t pay a nickel in ligence for Analysis and the Chairman that the reason we are in the terrible taxes. We can bring in significant of the National Intelligence Council, recession we are in right now and the amounts of revenue through tax reform said that ‘‘global climate change will reason we went from a $236 billion sur- that asks corporations to start paying have wide-ranging implications for plus when Bill Clinton left office has their fair share of taxes. We are losing U.S. national security interests for the next 20 years.’’ everything in the world to do not with $100 billion a year because corporations Social Security but with the fact that In a report requested by the CIA, the and the wealthy are stashing their National Research Council wrote this we went into the wars in Iraq and Af- money in the Cayman Islands and ghanistan and forgot to pay for them; year that ‘‘while climate change alone other tax havens, thus losing substan- we gave huge tax breaks to people such does not cause conflict, it may act as tial revenue in the United States. as Mr. Blankfein and did not offset an accelerant of instability or con- Defense spending has tripled since flict.’’ them; passed the Medicare Part D pre- 1997. We are now spending almost as scription drug program, not paid for; In 2006 the Center for Naval Analysis, much as the rest of the world com- a federally funded research and devel- and as a result of the Wall Street reces- bined. Let’s take a serious look at de- sion, significantly less revenue is now opment center that has advised the fense spending. If we do that, make coming into the Federal Government. Navy and Marine Corps since 1942, con- some changes toward efficiency in That is why we went from a $236 billion vened a military advisory board of re- Medicare and Medicaid, make them surplus in 2001 to a $1 trillion deficit tired three-star and four-star admirals more efficient but not cut benefits, we today. and generals and asked them to report The deficit is a serious issue and it can move toward serious deficit reduc- on national security and the threat of has to be addressed, but it has to be ad- tion without cutting Social Security, climate change. The report stated: dressed not in the way that Mr. without cutting Medicare, and without While uncertainty exists . . . regarding Blankfein, Pete Peterson, and the cutting Medicaid. . . . the future extent of projected climate We just had an election a few weeks change, the trends are clear. The nature and other Wall Street billionaires want us pace of climate changes being observed to address the deficit but in a way that ago—November 6—and what I think the American people said is that the time today . . . pose . . . grave implications for is fair to working people. Among other our national security. things, we have to protect Social Secu- is now for the wealthy to start paying their fair share of taxes. We have seen And, of course, as the Presiding Offi- rity, protect Medicare, protect Med- cer knows, in the 5 years since, the evi- icaid. poll after poll after poll, including from some very conservative people dence has tracked the worst of those I was appreciative the other day climate change projections, not the when I read that the White House has who are saying do not cut Social Secu- rity, Medicare, and Medicaid. I think it most gentle. said something that many of us have Our Nation’s top military strategists, is time for the Senate and the Congress wanted them to say, which is that So- our Nation’s top researchers, the Na- to start listening to the American peo- cial Security had nothing to do with tional Research Council, and the Na- ple. Let’s go forward with deficit reduc- the deficit; Social Security should be tional Academy of Sciences all have tion, but let’s not do it on the backs of treated separately. I think that is a recommended that our national secu- real step forward. Many of us signed a the elderly, the children, the sick, or rity institutions prepare for threats letter to that effect. the poor. caused by climate change. But what does worry me is this issue With that, I yield the floor. On the other hand, we have a tiny The PRESIDING OFFICER. The Sen- of chain CPI. I want everybody to un- fringe of scientists, many of whom are derstand what the chain CPI is about. ator from Rhode Island. funded by industry, that denies these Nobody outside of Capitol Hill knows CLIMATE CHANGE facts and urges us to maintain the sta- what it is about. What it is about is re- Mr. WHITEHOUSE. Madam Presi- tus quo. In effect, that little fringe formulating how we determine COLAs. dent, we are working toward a national urges us to do nothing. This is the If this chain CPI passed, what it would defense authorization act, and as we do same strategy, often the same organi- mean is that if somebody was 65 now— that, I rise to discuss the importance of zations, and in some cases even the this would go into effect immediately assessing and planning for and miti- same people who denied in the past if it were passed—by the time they gating the national security effects of that cigarettes are bad for us or that were 75, there would be a $560-a-year climate change. lead paint harms children. They are reduction in what they otherwise Our changing climate is not simply a professional, industry-paid deniers at would have gotten in Social Security green issue invented by environmental- large. benefits through the COLAs. By the ists and conservationists; climate The choice is a clear one, and I rec- time they are 85, it would be $1,000 a change threatens our strategic inter- ommend we follow the findings of our year. We must defeat any and all ef- ests, our military readiness, and our military leaders. They have deter- forts to oppose a chain CPI not only on domestic security in many ways. It is a mined that climate change is real and Social Security beneficiaries, but it serious national security issue—so says that our national security requires us would also apply, if my colleagues can not just me but the U.S. Department of to reject the false science of the cli- believe this, to disabled veterans. Mr. Defense and, indeed, our national intel- mate deniers. Blankfein and his other CEO friends on ligence community. The National Intelligence Council Wall Street really want us to balance In 2011 the Defense Science Board has identified more than 30 U.S. mili- the budget on the backs of the disabled provided the Secretary of Defense guid- tary installations that are threatened vets? Well, this Senator surely is not ance for a governmentwide approach to by risks associated just with rising sea going to support that. preparing for the effects of climate levels. One is Diego Garcia. It is a There are ways to deal with deficit change, concluding that ‘‘climate small island south of India and home to reduction that are fair. Everybody has change will only grow in concern for a logistics hub for U.S. and British to understand that we have already cut the United States and its security in- forces in the Middle East and to Air approximately $1 trillion in benefits. terests.’’ Force Satellite Control Network equip- So when we talk about $4 trillion in The 2010 Quadrennial Defense Review ment. The Navy reports that the aver- deficit reduction, $1 trillion has al- by the Department of Defense noted age elevation of Diego Garcia is ap- ready taken place. that climate change is one of the proximately 4 feet. Even absent a

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7018 CONGRESSIONAL RECORD — SENATE November 28, 2012 storm or tsunami, this installation is ment. Sea ice in the Arctic is already I yield the floor. threatened by inundation from slow vanishing, and new Arctic waterways The PRESIDING OFFICER. The Sen- and steady sea level rise. are opening. In September, Reuters re- ator from Michigan is recognized. The Norfolk Naval Air Station and ported that the first Chinese ice- Mr. LEVIN. Madam President, in a Naval Base on the southern end of the breaker crossed the Arctic, with the moment I am going to ask unanimous Chesapeake Bay is the Navy’s largest expedition leader explaining how sur- consent that we proceed to a debate, to supply center and home to the U.S. At- prised he was to find the route to be so Senator FEINSTEIN, who will speak on lantic fleet. A New York Times anal- open. In addition to new shipping an amendment that she intends to offer ysis this past weekend using U.S. Geo- routes, the reduction in Arctic sea ice but not offer it at this time. I will then logical Survey and NOAA data showed makes oil, gas, and mineral explo- ask she be followed by Senator PAUL, that a 5-foot sea level rise would per- ration more likely there. These new who will speak on that same amend- manently flood portions of that base. operational challenges will expand the ment. It is our intention then to move The base is at continuing risk, of Coast Guard’s mission along our Arctic to a vote on the Leahy amendment to course, from storm surges. By the way, borders and the Navy’s mission in the improve the Public Safety Officers’ a 5-foot sea level rise is now predicted Arctic Ocean. Benefits Program. This falls within the to be a possibility in this century. The Department of Defense and our jurisdiction of the Judiciary Com- Eglin Air Force Base on Florida’s intelligence community have accepted mittee, but the chairman, whose gulf coast, the largest Air Force base the science of climate change and the amendment it is, and the ranking in the world, is threatened by storm fact that we need to prepare for it. We member, Senator GRASSLEY, have both surge, sea level rise, and saltwater in- customarily rely on the professional approved this amendment, and I would filtration. We know that climate judgments of the sober and thoughtful simply alert other Senators that if change loads the dice for more and leaders of these great national security they wish to speak on this amendment, more severe extreme weather. organizations. Their assessments are for or against, that it is our intention Retired Brigadier General Steven An- based on sound and comprehensive to proceed to a vote on the Leahy derson and retired Lieutenant General science and analysis. I respect the sol- amendment following the speaking of Daniel Christman recently used Hurri- emn mission our national security in- Senator PAUL and Senator FEINSTEIN. cane Katrina as an example of how ex- stitutions have to protect the United So I ask unanimous consent that the treme weather can cause what they States and its interests, and I trust Senate proceed in that way. call ‘‘negative operational impacts’’ to their judgment. The PRESIDING OFFICER. Without our military. In response to Katrina, Their judgment is echoed by signifi- objection, it is so ordered. the National Guard mobilized 58,000 cant Republican leaders. Our former Mr. LEVIN. I thank the Presiding Of- National Guard members to the relief colleague, Senator John Warner, Re- ficer. effort at the same time that 79,000 publican of Virginia, who was the The PRESIDING OFFICER. The Sen- Guard members were deployed fighting chairman of the Senate Armed Serv- ator from California. the war on terrorism. The generals ices committee, has said: Mrs. FEINSTEIN. Madam President, pointed out that although Louisiana’s Leading military and security experts I thank the distinguished chairman. physical infrastructure did not hold, agree that if left unchecked, global warming I am going to offer an amendment— our National Guard did hold. But the could increase instability and lead to con- a version of it was introduced as a sep- limits of even our exceptional National flict in already fragile regions of the world. arate bill last year as S. 2003. The co- Guard would be tested by these He continued: sponsors of the amendment are Sen- changes in extreme weather, and it is We ignore these facts at the peril of our ators PAUL, LEE, COONS, COLLINS, LAU- imperative that we prepare our emer- national security and at great risk to those TENBERG, GILLIBRAND, and KIRK. I ask gency management and responders for in uniform who serve this nation. unanimous consent to add Senators a new normal of new extremes. George Shultz was Secretary of TESTER, JOHNSON of South Dakota, Climate change will also create new Treasury and Labor and Director of the SANDERS, WHITEHOUSE, and HELLER as strategic challenges. Climate events Office of Management and Budget cosponsors to the amendment. such as droughts and heat waves, floods under President Nixon, and the Sec- The PRESIDING OFFICER. Without and storms exacerbate political and retary of State under President objection, it is so ordered. military tensions in areas around the Reagan. He leads the Hoover Institu- Mrs. FEINSTEIN. This amendment is world with fragile governments and in- tion’s Shultz-Stephenson Task Force almost identical to the bill I intro- stability. This can result in violent on Energy Policy and has also served duced a year ago. That bill has a bipar- conflict and in refugee problems. on the advisory boards of Stanford’s tisan group of 30 cosponsors. It is It is not just the shock of extreme Precourt Institute for Energy and called the Due Process Guarantee Act, weather that portends danger. As the MIT’s Energy Initiative. In his words, and the co-sponsors include five Repub- temperature of the air and ocean stead- ‘‘. . . the globe is warming, which is licans: Senators LEE, PAUL, COLLINS, ily rises, the amount of moisture in the not a matter of opinion, but a matter KIRK, and MORAN. Thanks to Chairman atmosphere will change and the com- of fact. The arctic is melting. If you LEAHY, the bill had a hearing earlier position of the oceans will change. could bring together the constituencies this year in the Judiciary Committee, Habitats will change, growing condi- concerned with national security, the as the Presiding Officer will so note, on tions will be altered, and the snows and economy and the environment—both February 29, 2012. glaciers that feed great rivers will local and global—that would be a po- The amendment I will offer clarifies change, changing the seasonal flows of tent coalition.’’ questions that arose during last year’s the rivers. The world’s great agricul- So I hope Members on both sides of defense authorization bill about the tural deltas will face both those the aisle can agree that when it comes U.S. Government’s power to detain its changes in the rivers and rising sea lev- to protecting our American interests citizens indefinitely. Last year’s bill els. All of these changes will disrupt at home and abroad, we should believe had detention provisions in it that food supplies and water resources. our national security institutions when never had a hearing in the Judiciary Many poorer regions are unprepared to they warn us of the security and stra- Committee, the Intelligence Com- deal with the effects of famine, tegic implications of climate change mittee, or the Armed Services Com- drought, crop failure, flooding, and dis- rather than align ourselves with a mittee. ease that can be anticipated. These questionable fringe of industry-allied Let me just take a minute to de- slower moving climate disasters will deniers. Ultimately, as I have said be- scribe why this is such an important create migration, competition for re- fore on this floor, we are beholding to issue for me. sources, and government instability our children and grandchildren to do When I was a very young girl—I re- that in turn sets the stage for more something about the carbon pollution member it was a Sunday because my international unrest. that is causing this climate change. father worked every other day of the Last, the changing environment will And history’s verdict for our failure week—my father took me down to a affect our military’s operating environ- will be harsh. racetrack just south of San Francisco

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7019 called Tanforan. It was the beginning ican citizens regardless of where they to the detention of United States citizens, or of World War II. The racetrack was are captured. lawful resident aliens of the United States, then a staging point for Japanese They further assert that their posi- or any other persons who are captured or ar- Americans en route to more permanent tion is justified by the U.S. Supreme rested in the United States. detention centers. Court’s plurality decision in the 2004 Now, that was adopted to say, leave Here is the edict that was put out: case of Hamdi v. Rumsfeld. However, things as they are right now. It pre- Western Defense Command and Fourth that position is undercut by the 2003 served the current state of the law, Army Wartime Civil Control Administra- case of Padilla v. Rumsfeld in the Sec- continuing to leave it to the courts to tion, Presidio of San Francisco, California, ond Circuit Court of Appeals. So we resolve who is right about whether the April 1, 1942, Instructions to All Persons of have a kind of muddle. AUMF authorizes the military deten- Japanese Ancestry, Living in the Following But let me discuss the facts of the tion of anyone apprehended domesti- Area: Hamdi case because it is important to cally. Then it describes the area. It says: note that Yaser Esam Hamdi was a I believe strongly the time has come All Japanese persons, both alien and non- U.S. citizen who took up arms on be- now to end this legal ambiguity and to alien, will be evacuated from the above des- half of the Taliban and was captured on state clearly once and for all that the ignated area by 12:00 o’clock noon Tuesday, the battlefield in Afghanistan. The Su- AUMF or other authorities do not au- April 7, 1942. preme Court effectively did uphold his thorize such indefinite detention of No Japanese person will be permitted to Americans apprehended in the United enter or leave the above described area military detention, so some of my col- leagues seize upon this to say that the States. after 8:00 a.m., Thursday, April 2, 1942, To accomplish this, we are offering without obtaining special permission military can today indefinitely detain even U.S. citizens who are arrested do- an amendment which affirms the con- from the Provost Marshal of the Civil tinuing application of the principles Control Station. mestically. However, the Supreme Court’s opin- behind the Non-Detention Act of 1971. This was an order which remanded It amends that act to provide clearly all persons of Japanese ancestry into ion in that case was a decision by a 4- to-4 plurality that recognized the that no military authorization allows custody for the duration of World War power of the government to detain U.S. indefinite detention of U.S. citizens or II. green card holders who are appre- Let me show you a little of what citizens captured abroad as ‘‘enemy combatants’’ for some period, but oth- hended inside the United States. these facilities looked like. Shown in The amendment states, ‘‘An author- this picture I have in the Chamber is erwise repudiated the government’s broad assertions of executive authority ization to use military force, a declara- Tanforan Racetrack, and these are the to detain citizens without charge or tion of war, or any similar authority barracks that were put up to house trial. shall not authorize the detention with- Japanese-American citizens and non- To the extent the Hamdi case per- out charge or trial of a citizen or law- citizens—only because they were of mits the government to detain a U.S. ful permanent resident of the United Japanese ancestry. citizen ‘‘until the end of hostilities,’’ it States apprehended in the United In this next picture, this is what it does so only under a very limited set of States unless an Act of Congress ex- looked like close up. This is a young circumstances; namely, citizens taking pressly authorizes such detention.’’ person walking out of this small cell in an active part in hostilities who are That affirms the Second Circuit’s that barrack. captured in Afghanistan and who are clear statement rule from the Padilla In this next picture, these are Japa- afforded certain due process protec- case. Some may ask why this amend- nese Americans standing in line—and tions, at a minimum. ment protects green card holders as here is the racetrack—either to get Additionally, decisions by the lower well as citizens. Others may ask why food or for some other reason. courts have contributed to the current the amendment does not protect all This stuck in my memory, and I be- state of ambiguity. For example, con- persons apprehended in the United lieve it was a stain on the greatness of sider those decisions involving Jose States from indefinite detention? Let this country. As I saw the barbed wire, Padilla, a U.S. citizen who was arrested me be clear. I would support providing these men, women, and children housed in Chicago. He was initially detained the protections in this amendment to in horse stables, in small buildings, as pursuant to a material witness warrant all persons in the United States wheth- you can see, it was an experience I will based on the 9/11 terrorist acts. er lawfully or unlawfully present. never forget. In Padilla, the Second Circuit held But the question is, Is there enough To ensure that this shameful experi- that AUMF did not authorize his de- support in this body to expand this ence was never repeated, almost 30 tention, saying: amendment to cover others besides years after the 1942 evacuation order U.S. citizens and green card holders? I We conclude that clear congressional au- was issued, Congress passed and Presi- thorization is required for detentions of do not believe there is. We got 45 votes dent Nixon signed into law the Non-De- American citizens on American soil because last year on a similar amendment pro- tention Act of 1971, which repealed a . . . the Non-Detention Act . . . prohibits tecting U.S. citizens. We have re- 1950 statute that explicitly allowed de- such detentions absent specific congressional worked the amendment and gained tention of U.S. citizens without charge authorization. more support this year, as reflected in or trial. The Second Circuit went on to say the co-sponsors we have today. So my The Non-Detention Act of 1971 clear- that the 2001 Authorization for Use of hope is that at least we can clear up ly states: Military Force—and I quote—‘‘is not the law with strong protections for No citizen shall be imprisoned or otherwise such an authorization, and no excep- citizens and legal permanent residents. detained by the United States except pursu- tion to [the Non-Detention Act] other- Wherever we draw the line on who ant to an act of Congress. wise exists.’’ should be covered by this legislation, I Despite this history, during last So here is the problem. We have the believe it violates fundamental Amer- year’s debate on the Defense authoriza- Supreme Court that says one thing in a ican rights to allow anyone appre- tion bill some in this body advocated limited way and a federal appeals court hended in the United States to be de- for the indefinite detention of Amer- that says another thing on an issue not tained without charge or trial. The FBI ican citizens. This is an issue that has directly addressed by the Supreme and other law enforcement agencies been the subject of much legal con- Court. When we debated this issue on have proven time and time again they troversy since 9/11. the Senate floor last year, the Senate are up to the challenge of detecting, Proponents of indefinitely detaining ultimately agreed to a compromise stopping, arresting, and convicting ter- citizens apprehended in the U.S. argue amendment which passed by an over- rorists found on U.S. soil, having suc- that the Authorization for Use of Mili- whelming 99-to-1 vote. I worked on cessfully arrested, detained, and con- tary Force—what we call the AUMF— that with Senators LEE, PAUL, LEVIN, victed hundreds of these heinous peo- that was enacted in the wake of 9/11 is McCAIN, DURBIN, LEAHY, and the ple, both before and after 9/11. ‘‘an act of Congress,’’ in the language amendment provided the following: For example, since January 2009, 98 of the Non-Detention Act, that author- Nothing in this section shall be construed individuals have been successfully ar- izes the indefinite detention of Amer- to affect existing law or authorities relating rested inside the United States by the

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According to FBI in- undercover employees contacted Daoud in vestigators, in September 2011, an FBI source piled a list of the individuals arrested response to material Daoud posted online reported that Osmakac and another person in the past 4 years as part of more than and thereafter exchanged several electronic had asked for Al Qaeda flags at the source’s 50 different terrorism investigations. communications with Daoud. According to business. The source continued to interact The list was based on publicly avail- the affidavit, during these communications with Osmakac and report to the FBI about able information from the FBI, the Daoud expressed an interest in engaging in his activities. Osmakac allegedly expressed Congressional Research Service, and violent jihad, either in the United States or interest in obtaining firearms and explosives media reports. I have it here and I ask overseas.’’ for attacks he was planning in the Tampa (6) Douglas L. Wright, (7) Brandon L. Bax- area, and the source introduced him to an unanimous consent to have the list ter, (8) Anthony Hayne, (9) Connor C. Ste- FBI undercover employee reputed to have printed in the RECORD. vens, and (10) Joshua S. Stafford—Plot to access to such materials. The undercover There being no objection, the mate- Bomb Brecksville-Northfield High Level employee supplied Osmakac with hand gre- rial was ordered to be printed in the Bridge in Ohio—May 2012. nades, an assault rifle, a pistol, a car bomb, RECORD, as follows: These five men were arrested on May 1, and an explosive belt. Osmakac was unaware TERRORIST ARRESTS AND PLOTS STOPPED IN 2012 after they attempted to detonate an ex- that the items actually did not work. In the THE UNITED STATES 2009–2012 plosive device set on the Brecksville- course of his plotting Osmakac purportedly Northfield High Level Bridge in Ohio that discussed targets such as ‘‘night clubs in the (COMPILED BY SENATE INTELLIGENCE COM- was given to them by an undercover FBI Ybor City area of Tampa, the Operations MITTEE STAFF BASED ON PUBLICLY AVAIL- agent. The accused men are self-proclaimed Center of the Hillsborough County Sheriff’s ABLE INFORMATION FROM THE FBI, THE CON- anarchists who considered carrying out a se- Office in Ybor City, and a business in the GRESSIONAL RESEARCH SERVICE, AND MEDIA ries of attacks, but ultimately decided to South Tampa,’’ according to a DOJ press re- REPORTS) target the bridge in Ohio after an initial plot lease. Muslims in Tampa reportedly aided (1) Ralph Deleon, (2) Miguel Alejandro to use smoke grenades to distract law en- the FBI in its investigation. Osmakac pur- Santana Vidriales (Santana), (3) Arifeen forcement in order for co-conspirators to portedly exhibited extremist views prompt- David Gojali—Conspiracy to Provide Mate- topple financial institution signs atop high ing at least one local Muslim to tell authori- rial Support to Terrorism—November 2012. rise buildings in downtown Cleveland failed ties about him. On Friday, November 16, 2012, the FBI ar- to materialize. ‘‘The defendants conspired to (15) Jose Pimentel—Plot to Bomb New rested Deleon, Santana, and Gojali who were obtain C–4 explosives contained in two im- York City Targets and Troops Returning planning to travel to Afghanistan to attend provised explosive devices to be placed and from Combat Overseas—November 2011. terrorist training and commit violent jihad. remotely detonated,’’ according to the com- On November 19, 2011, New York City po- Deleon, of Ontario, California, is a lawful plaint. lice arrested a convert to Islam named Jose permanent resident alien, born in the Phil- (11) Bakhtiyor Jumaev and (12) Jamshid Pimentel on terrorism charges. According to ippines. Santana, of Upland, California, is a Muhtorov—Conspiracy to Provide Material New York City Police Commissioner Ray- lawful permanent resident, born in Mexico, Support to the Islamic Jihad Union (IJU)— mond W. Kelly, Pimentel purportedly dis- and whose application for citizenship is March 2012. cussed killing U.S. military personnel re- pending in the U.S. Gojali, of Riverside, Cali- On March 15, 2012, the FBI arrested turning home from Iraq and Afghanistan, in fornia, is a United States citizen. According Bakhtiyor Jumaev who was charged with conjunction with bombing post offices in and to a criminal complaint filed in U.S. District one count of conspiracy to provide material around Washington Heights and police cars Court in the Central District of California, support to the Islamic Jihad Union (IJU). in New York City, as well as a police station the defendants conspired to provide material The FBI had been conducting an investiga- in Bayonne, N.J. The alleged would-be bomb- support to terrorists knowing or intending tion into the activities of Jumaev and his as- er was building explosive devices when he that such support was to be used in prepara- sociate, Jamshid Muhtorov, who was ar- was arrested after two years of surveillance tion for or in carrying out: conspiracy to rested in January 2012 on similar charges. by the New York City Police Department kill, kidnap, maim, or injure persons and Jumaev and Muhtorov had pledged support (NYPD). Pimentel reportedly discussed his damage property in a foreign country; kill- for the IJU and Jumaev sent funds to plans with an individual he did not know was ing and attempting to kill officers and em- Muhtorov, specifically intended for the IJU. an NYPD criminal informant. Pimentel sym- ployees of the United States; killing nation- The U.S. Government has designated the IJU pathized with Al Qaeda and drew inspiration als of the United States; conspiracy to use a as a Foreign Terrorist Organization. from now-deceased radical cleric Anwar al- weapon of mass destruction outside the (13) Amine El Khalifi—Plot to carry out a Awlaki. The alleged would-be bomber pur- United States; and bombing places of public Suicide Bomb Attack against the U.S. Cap- portedly tried but failed to correspond with use and government facilities. The com- itol—February 2012. Awlaki via e-mail, and the cleric’s death plaint further alleges that Santana, Deleon, Amine El Khalifi, an illegal immigrant may have sped up Pimentel’s plotting. Ac- and Gojali conducted preliminary training in from Morocco, was arrested on February 17, cording to the criminal complaint filed in southern California at firearms and paintball 2012 for attempting to detonate a bomb in the case, the NYPD tracked Pimentel’s facilities to prepare for terrorist training what was envisioned to be a suicide attack internet activity, finding that Pimentel had overseas. against the U.S. Capitol Building. According posted online pro-Al Qaeda material as well (4) Quazi Mohammad Rezwanul Ahsan to an FBI press release, ‘‘El Khalifi allegedly as an article detailing how to make a bomb Nafis—Plot to Bomb New York Federal Re- traveled to a parking garage near the U.S. from Inspire Magazine. Working in the serve Bank—October 2012. Capitol building. El Khalifi took possession apartment of an NYPD criminal informant, On October 17, 2012, the FBI arrested Ahsan of a MAC–10 automatic weapon and put on a Pimentel supposedly followed Inspire’s bomb Nafis, a Bangladeshi national, as he at- vest containing what he believed to be a making instructions, scraping match heads, tempted to detonate what he believed to be functioning bomb. Unbeknownst to El collecting the incendiary material, as well as a 1,000-pound bomb at the New York Federal Khalifi, both the weapon and the bomb had drilling holes in three pipes, among other Reserve Bank in lower Manhattan’s financial been rendered inoperable by law enforce- steps. district. The defendant faces charges of at- ment. El Khalifi walked alone from the vehi- (16) Mansour Arbabsiar—Plot to Assas- tempting to use a weapon of mass destruc- cle toward the United States Capitol, where sinate the Saudi Ambassador to the United tion and attempting to provide material sup- he intended to shoot people and detonate the States—October 2011. port to Al Qaeda. According to an FBI press bomb. El Khalifi was arrested and taken into Mansour Arbabsiar was arrested after he release, the accused, ‘‘traveled to the United custody before exiting the parking garage.’’ approached a DEA informant, who he be- States in January 2012 for the purpose of The FBI made initial contact with Khalifi in lieved was a member of Los Zetas, to hire conducting a terrorist attack on U.S. soil. January 2011. Over the course of the year he the cartel to carry out a terrorist attack Nafis, who reported having overseas connec- cited his anger over the ‘‘war on terrorism’’ against the Saudi ambassador at a res- tions to Al Qaeda, attempted to recruit indi- and the ‘‘war on Muslims’’ as his rationale taurant in Washington. Mr. Arbabsiar had viduals to form a terrorist cell inside the behind planned attacks against a military many connections to Iran’s military and the United States. Nafis also actively sought out installation and a restaurant in Washington Qods Force. Al Qaeda contacts within the United States D.C. After acquiring and testing dummy ex- (17) Rezwan Ferdaus—Plot to Attack U.S. to assist him in carrying out an attack.’’ plosives given to him by FBI affiliates, Capitol and Pentagon—September 2011. (5) Adel Daoud—Plot to Bomb Downtown Khalifi modified his plans to conduct a sui- On September 28, Rezwan Ferdaus, a U.S. Chicago Bar—September 2012. cide attack against the U.S. Capitol. citizen from Ashland, MA, was arrested on On Friday September 14, 2012, Adel Daoud (14) Sami Osmakac—Plot to Bomb Loca- terrorism charges. He allegedly plotted to attempted to detonate what he believed to be tions in Tampa, Florida—January 2012. attack the Pentagon and the U.S. Capitol a car bomb outside a bar in downtown Chi- On January 7, 2012, the FBI arrested Sami with explosives-laden remote-controlled air- cago. Daoud, a U.S. citizen, was arrested as Osmakac, a naturalized U.S. citizen born in planes. According to DOJ, he also planned a part of an ongoing FBI counterterrorism op- the former Yugoslavia (Kosovo) on one count ground assault in conjunction with his aerial

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7021 attack, intending to use firearms and to in- he pleaded guilty to ‘‘soliciting others to en- after he was seriously injured in April 2010 volve six conspirators in this phase of his gage in acts of terrorism within the United while testing a homemade bomb. Investiga- plot. Ferdaus also purportedly attempted to States and to using a firearm during and in tors discovered videos Brice posted that de- provide Al Qaeda with modified cell phones relation to an assault on FBI agents.’’ Ac- picted suicide bombings in Pakistan and he believed would be used as detonators for cording to DOJ, Begolly posted ‘‘links to a links to a terrorism magazine with instruc- improvised explosive devices intended to 101-page document that contain[ed] informa- tions on how to make explosives. He also harm U.S. soldiers abroad. As described by tion on how to set up a laboratory, conduct posted bomb making videos to YouTube DOJ, FBI undercover employees acting as basic chemistry, and manufacture explo- under the name ‘‘StrengthofAllah.’’ Mr. members of Al Qaeda supplied Ferdaus with sives.’’ Brice also plotted with an unidentified man money, fake explosives for the airplanes, (22) Abu Khalid Abdul-Latif and (23) Walli to rob a Zions First National bank in Idaho firearms, and hand grenades. In turn, (among Mujahidh—Plot to Attack Seattle Military although the plot was never acted upon. Au- other things) Ferdaus provided the cell Processing Center—June 2011 thorities believe Brice was not a Muslim; phone detonators to these phony Al Qaeda On June 22, 2011, Abu Khalid Abdul-Latif rather, he assumed a Muslim identity online recruiters as well as a training video on how and Walli Mujahidh, were arrested on ter- in order to sell his bomb-making expertise. to construct them. Ferdaus supposedly began rorism and firearms charges for plotting to (30) Hafiz Muhammed Sher Ali Khan, (31) plotting in 2010. In January 2011, he discussed attack a Seattle military processing center. Irfan Khan, and (32) Izhar Khan,—Material his plans with an FBI informant. In May An FBI sting operation apprehended the two Support to the Pakistani Taliban—May 2011 2011, he visited the Washington, DC, area to as they took possession of machine guns Six individuals located in South Florida conduct surveillance of his targets and view they had purchased for the plot. The fire- and Pakistan were indicted in the Southern the site from which he intended to launch arms had been rendered inert as part of the District of Florida on charges of providing fi- his remote-controlled airplanes. According sting operation. Assistant Attorney General nancing and other material support to the to the FBI, Ferdaus believed that one of his for National Security Todd Hinnen described Pakistani Taliban, a designated foreign ter- airplanes could collapse the Capitol dome. the plot as, ‘‘driven by a violent, extreme rorist organization. Three of them were lo- (18) Agron Hasbajrami—Plot to Fight in ideology.’’ While the two reportedly had not cated abroad. Hafiz Muhammed Sher Ali Pakistan—September 2011. worked out all of the details of their plot, Khan, Irfan Khan, and Izhar Khan were ar- On September 6, 2011, Agron Hasbajrami they allegedly were frustrated by ‘‘American rested in the U.S. was arrested at John F. Kennedy Inter- war policies’’ and hoped for an attack that (33) Kevin William Harpham—Attempt to national Airport in New York City as he would garner wide attention. Use an Explosive Device—March 2011 tried to board a flight to Turkey. Hasbajrami (24) Yonathan Melaku—Plot to Shoot Tar- On March 9, 2011, Kevin Harpham was ar- allegedly planned to join a jihadist fighting gets in Washington, DC, Area—June 2011 rested for placing an explosive device along- group in the Federally Administered Tribal On June 23, 2011, DOJ announced that side a planned Martin Luther King Jr. Day Areas of Pakistan. He also purportedly sent Yonathan Melaku, an Ethiopian native liv- Unity March. Harpham admitted that he was more than $1,000 to Pakistan to support the ing in Alexandria, VA, was charged with de- a white supremacist and white separatist. efforts of a militant with whom he commu- struction of property and firearm violations. (34) Khalid Ali-M Aldawsari—Plot to Bomb nicated. These charges stemmed from five shootings U.S. Targets—February 2011 (19) Naser Abdo—Plot to Attack Targets at military installations in Northern Vir- On February 23, 2011, FBI agents arrested Near Fort Hood—July 2011. ginia between October and November 2010. Khalid Ali-M Aldawsari, a citizen of Saudi On July 27, 2011, U.S. Army Private Naser No one was harmed in the shootings. It is un- Arabia and resident of Lubbock, TX. He was Abdo was arrested near Fort Hood in Texas clear to what extent Melaku, a Marine Corps charged with attempted use of a weapon of for allegedly plotting a shooting spree and reservist, was driven by jihadist motiva- mass destruction. He also allegedly plotted bombing in the area—near the same place tions; however, investigators linked Melaku to purchase material to make an improvised where Army Major Nidal Hasan reportedly to a spiral notebook with numerous Arabic explosive device and had researched poten- killed 13 individuals in 2009. Abdo, described statements referencing the Taliban, Al tial U.S. targets. A chemical supplier pro- in the media as a Muslim soldier in the 101st Qaeda, Osama bin Laden, ‘‘The Path to vided information to the FBI about a sus- Airborne Division at Fort Campbell, KY, was Jihad,’’ as well as a list of several other indi- picious attempted purchase by Aldawsari. supposedly absent without leave from the viduals associated with foreign terrorist or- Prosecutors have stated that among the tar- Army after applying for conscientious objec- ganizations. Law enforcement officials also gets Aldawsari researched was the home ad- tor status. A November 2011 superseding in- found a video when they searched Melaku’s dress for former President George W. Bush. dictment charged Abdo with one count of at- bedroom. It reportedly depicted ‘‘Melaku in He also researched the names and home ad- tempted use of a weapon of mass destruction, an automobile driving near what appears to dresses of three American soldiers who had one count of attempted murder of officers or be the U.S. Marine Corps Heritage Museum previously served at Abu Ghraib prison in employees of the United States, two counts and repeatedly firing a handgun out the pas- Iraq. of possession of a firearm in furtherance of a senger-side window.’’ In the video, he alleg- (35) Roger Stockham—Plot to Attack Shia federal crime of violence, and two counts of edly states, ‘‘that’s my target. That’s the Mosque in Michigan—January 2011 possession of a destructive device in further- military building. It’s going to be attacked,’’ Roger Stockham was arrested on January ance of a federal crime of violence. Abdo al- and then he shouts, ‘‘Allah Akbar.’’ 24, 2011 outside the Islamic Center of Amer- legedly purchased gunpowder, shotgun am- (25) Waad Ramadan Alwan and (26) ica in Dearborn, Michigan. Mr. Stockham, a munition, and a magazine for a semi-auto- Mohanad Shareef Hammadi—Material Sup- Vietnam veteran from Southern California, matic pistol at a gun store near Fort Hood. port to Al Qaeda in Iraq—May 2011 was caught with explosives in his vehicle An employee at the gun store supposedly Alwan and Hammadi were arrested on May outside the Michigan mosque. Authorities brought Abdo to the attention of law en- 25, 2011 in Kentucky on charges to commit found a large but undisclosed quantity of forcement officers. Federal officials have conspiracy to kill U.S. nationals abroad and class-C fireworks including M–80s, which are noted that Abdo also possessed a .40 caliber provide material support, including weapons, banned in Michigan, in his car. Mr. handgun, bomb making materials, and an ar- to Al Qaeda in Iraq among other charges. Stockham had a history of mental health ticle on how to construct an explosive de- (27) Ahmed Ferhani and (28) Mohamed issues and criminal acts ranging from vice, among other items. The article was Mamdouh—Plot to Attack New York City kidnappings to attempted bombings. from Inspire, an English-language magazine Targets—May 2011 (36) Antonio Martinez—Plot to Bomb produced by Al Qaeda in the Arabian Penin- On May 12, 2011, Ahmed Ferhani (an Alge- Armed Forces Recruiting Center—December sula. rian native living in Queens, NY) and 2010 (20) Ulugbek Kodirov—Plot to Assassinate Mohamed Mamdouh (a naturalized U.S. cit- Antonio Martinez (aka Muhammad President Obama—July 2011. izen from Morocco) were arrested for plot- Hussain), a U.S. citizen from Baltimore was Ulugbek Kodirov, an Uzbek living in Ala- ting to blow up a synagogue as well as charged with attempting to detonate a bomb bama, was arrested when he sought assist- churches in New York City. However, the outside of a U.S. Armed Forces recruiting ance to kill President Obama either by duo had not chosen a specific target. New center in Catonsville, Maryland on December shooting him or using explosives. The affi- York City officials alleged that Ferhani was 8, 2010. Unbeknownst to him, Mr. Martinez davit said that the source whom Kodirov driven by a hatred of Jews and a belief that was working with undercover FBI agents the contacted for help told authorities that Muslims are mistreated the world over. He whole time as they had been monitoring him Kodirov supported Islamic extremists and and Mamdouh allegedly had purchased fire- since October 1, 2010 when a confidential regularly viewed jihadist websites. arms and a hand grenade from an undercover source tipped off authorities to the potential (21) Emerson Begolly—Plot to Encourage detective posing as a gun dealer. danger. Martinez had attempted to recruit Jihadist Acts in the United States—July (29) Joseph Jeffrey Brice—Testing Explo- up to five other people to his plot, but they 2011. sives and Proving Material Support to Ter- all declined to help him. On July 14, 2011, Emerson Begolly, a U.S. rorists—May 2011 (37) Mohamed Osman Mohamud—Plot to citizen from New Bethlehem, PA, was in- Joseph Jeffrey Brice was arrested on Bomb Christmas Tree Lighting Ceremony— dicted for attempting to encourage jihadists charges of manufacturing an unregistered November 2010 to commit acts of terrorism within the firearm and later an additional charge of Mohamed Osman Mohamud a US Citizen United States and distributing information providing material support for terrorism. Po- from Somalia was charged with attempting related to explosives online. In August 2011, lice began to take an interest in Mr. Brice to detonate a vehicle bomb at a Christmas

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7022 CONGRESSIONAL RECORD — SENATE November 28, 2012 tree lighting ceremony in Portland, OR on documents filed with the court, Paul Rock- Times Square. Two other individuals were November 26, 2010. The arrest was the cul- wood converted to Islam, and later became a indicted in connection with this terrorist mination of a months-long investigation and strict adherent to the violent jihad-pro- plot: the explosives he was trying to detonate moting ideology of cleric Anwar Al-Awlaki. (55) Mohammad Younis was arrested in were inert. Mohamud was in touch with con- According to the filed court documents, after September 2010 and accused of operating an tacts in Pakistan and he was trying to travel he moved to King Salmon, Alaska in 2006, unlicensed money transmitting business overseas to engage in a violent jihad, accord- Paul Rockwood continued his adherence to which provided funds to Faisal Shahzad. ing to the FBI. Mohamud told undercover Al-Awlaki’s ideology and by early 2010, he There are no allegations, however, that agents that he had been trying to commit a formalized a target list to include 15 specific Younis was aware of the intended use of the violent jihad for 4 years, since he was 15. locations all outside the state of Alaska. In money. In the indictment, he was charged (38) Mohamud Abdi Yusuf and (39) Abdi April 2010, Paul Rockwood gave his written with operating an unlicensed money transfer Mahdi Hussein—Material Support to Al- target list to his wife, Nadia, who, knowing business between the United States and Shabaab and Conspiracy to Structure Finan- of its purpose, carried the list with her on a Pakistan and conspiracy to operate an unli- cial Transactions—November 2010 trip to Anchorage. The FBI’s Joint Ter- censed money transfer business. In August On November 1, 2010, Mohamud Abdi Yusuf rorism Task Force (JTTF) subsequently ob- 2011, he pleaded guilty to the former charge. was arrested on charges of providing mate- tained the target list. On May 19, 2010, JTTF (56) Aftab Ali was charged in a criminal rial support to al Shabaab and one charge of agents questioned Paul Rockwood and pro- complaint in November 2010 with immigra- conspiracy to structure financial trans- vided him a copy of the target list. In re- tion fraud and making false statements. The actions. Abdi Mahdi Hussein was arrested sponse to agents’ questions, Rockwood made complaint alleges that Ali provided $4,900 to one day later on a charge of conspiracy to false statements, denying he had created Shahzad in February 2010 as part of a hawala structure financial transactions. The indict- such a list, denying the purpose of the list transaction. The complaint does not allege ment alleged that Yusuf and Hussein sent and denying ever having such a list. JTTF that Ali was aware of the intended use of the funds to al Shabaab supporters in Somalia agents also questioned Nadia Rockwood on money by Shahzad, but in April 2011, Ali from licensed money remitting businesses May 19, 2010, about transporting the target pleaded guilty to charges of unlicensed operating in the United States, in part by list authored by her husband to another per- money transmitting and immigration docu- using fictitious names and telephone num- son. In response, Nadia Rockwood also made ment fraud. He was sentenced to time served bers to conceal the nature of their activities. false statements to FBI agents. and ordered to be deported. (40) Farooque Ahmed—Plot to Bomb Wash- (48) Zachary Adam Chesser and (49) (57) Khalid Ouazzani—Providing Material ington, DC, Subway Stations—October 2010 Proscovia Kampire Nzabanita—Conspiracy Support to Al Qaeda—May 2010 Farooque Ahmed was arrested on October to Murder ‘‘South Park’’ Creators—July 2010 Ouazzani swore an oath of allegiance to Al 27, 2010, and charged with conspiring with On July 21, 2010, Zachary Adam Chesser, of Qaeda in June 2008. Ouazzani admitted that, others he believed to be Al Qaeda operatives Fairfax County, Va., was arrested on charges from August 2007 to February 2010, he par- to bomb subway stations in Washington, DC. that he provided material support to al- ticipated in a conspiracy to provide material His co-conspirators turned out to be under- Shabaab, a designated foreign terrorist orga- support or resources to Al Qaeda. Ouazzani cover law enforcement officers. nization. According to court documents, admitted that he personally provided more (41) Abdel Hameed Shehadeh—Travel Chesser maintained several online profiles than $23,000 to Al Qaeda and performed other Abroad to Wage Jihad—October 2010 dedicated to extremist jihad propaganda. tasks at the request of and for the benefit of Abdel Hameed Shehadeh was arrested on Chesser eventually admitted to encouraging Al Qaeda. Ouazzani also had conversations October 22, 2010, in Honolulu, HI. Among the violent jihadists to attack the writers of with others about various ways to support Al accusations against him were that he tried South Park, including highlighting their res- Qaeda, including plans for them to fight in to join the U.S. military so he could be de- idence and urging online readers to ‘‘pay Afghanistan, Iraq, or Somalia. ployed to Iraq but would desert and fight them a visit.’’ Chesser’s wife, Proscovia (58) Wesam el-Hanafi and (59) Sabirhan with anti-American insurgency forces. Kampire Nzabanita, eventually pleaded Hasanoff—Providing Material Support to Al (42) Sami Samir Hassoun—Plot to Deto- guilty to making a false statement to an FBI Qaeda—April 2010 nate an Explosive Device—September 2010 agent during the course of the FBI’s inves- Wesam el-Hanafi and Sabirhan Hasanoff Sami Samir Hassoun was charged with one tigation of her husband. were indicted for conspiring to provide mate- count each of (1) attempted use of a weapon (50) Mohamed Alessa and (51) Carlos rial support, including computer advice and of mass destruction and (2) attempted use of Almonte—Attempting Material Support to assistance, to Al Qaeda. an explosive device after placing a backpack Terrorism—June 2010 (60) Colleen R. LaRose, (61) Jamie Paulin which he thought contained an explosive de- On June 5, 2010, two New Jersey residents, Ramirez, and (62) Mohammad Hassan vice into a curbside trash receptacle near a Mohamed Alessa and Carlos Almonte, were Khalid—Material Support to Terrorists— crowded nightclub. arrested at JFK in New York prior to board- March 2010 (43) Amina Ali and (44) Hawo Hassan—Ma- ing separate flights to Egypt. Authorities al- On March 9, 2010 Colleen LaRose was terial Support to Terrorist Group al leged the two had hoped to eventually link charged with conspiracy to provide material Shabaab—August 2010 up with al-Shabaab in Somalia. The fol- support to terrorists, conspiracy to kill in a On August 15, 2010, 2 Americans and 12 oth- lowing day, they were charged with con- foreign country, making false statements to ers were charged with terrorism-related spiracy to kill Americans abroad. They are a government official, and attempted iden- crimes linked to the Somali-based organiza- alleged to have vowed to ‘‘slice up’’ troops in tity theft. The indictment charged that tion known as al Shabaab. There were only ‘‘a thousand pieces,’’ according to the crimi- LaRose, an American citizen who went by two arrests of Amina Ali and Hawo Hassan nal complaint which cites conversations se- the alias ‘‘Jihad Jane’’, was part of a group women charged with raising money to sup- cretly recorded by a NYPD undercover offi- who recruited men on the Internet to wage port al Shabaab through door-to-door solici- cer. violent jihad in South Asia and Europe, and tations and teleconferences in Somali com- (52) Tarek Mehanna—Providing Material recruited women on the Internet who had munities in Minnesota. Indictments were Support to Al Qaeda—June 2010 passports and the ability to travel to and also unsealed in Minnesota, Alabama, and Tarek Mehanna (of Sudbury, Massachu- around Europe in support of violent jihad. California charging the other 12 individuals setts) and Ahmad Aboursamra (a fugitive in Additionally, LaRose was accused of directly who were believed to be fugitives in Somalia. Syria) were charged with conspiring to aid plotting to kill a citizen of Sweden. LaRose, (45) Shaker Masri—Attempted Travel to Al Qaeda, as well as attempting to commit aka ‘‘Jihad Jane,’’ pleaded guilty in Feb- Somalia or Afghanistan to Fight—August murder in a foreign country, conspiracy to ruary 2011 in the Eastern District of Pennsyl- 2010 commit provide false information to law en- vania and Ramirez pleaded guilty in the Shaker Masri was arrested by the FBI on forcement, as well as a number of other Eastern District of Pennsylvania in March August 3, 2010, just before he was allegedly counts of false statements to law enforce- 2011. planning to travel to Somalia or Afghanistan ment. Only Mehanna was arrested. On April 2, 2010, Jamie Paulin Ramirez, a to join either al-Shabaab or Al Qaeda. The (53) Barry Walter Bujol, Jr.—Attempting U.S. citizen and former resident of Colorado, FBI used a cooperating source who met to Provide Material Support to Al Qaeda— was also charged with conspiracy to provide Masri in November 2008 and subsequently June 2010 material support to terrorists, and linked to consensually recorded conversations with Barry Walter Bujol, Jr. was charged with the same group as LaRose. The superseding him for the investigation. According to court attempting to provide material support to indictment charged that LaRose and Rami- documents, Masri encouraged the cooper- AQAP and aggravated identity theft. rez traveled to and around Europe to partici- ating source to ‘‘review speeches’’ by Anwar (54) Faisal Shahzad—Attempted Car Bomb- pate in and in support of violent jihad. al-Awlaki. ing in Times Square—May 2010 Finally, on October 20, 2011, Mohammad (46) Paul Gene Rockwood and (47) Nadia Fasial Shahzad was arrested on May 3, 2010 Hassan Khalid was also charged with pro- Rockwood—Charged with Perjury in a Ter- and eventually pleaded guilty to 10 crimes viding material support to terrorists linking rorism Investigation—July 2010 stemming from attempting to detonate a car back to the same case as LaRose and Rami- Both Paul Rockwood and his wife pleaded bomb in Times Square on May 1, 2010. rez. The indictment alleged that, from about guilty to one count of willfully making false Shahzad was apprehended after being identi- 2008 through July 2011, Khalid conspired with statements to the FBI involving terrorism. fied at JFK Airport after U.S. Customs LaRose, Ramirez, and others to provide ma- According to the plea agreements and other agents recognized him from video taken at terial support and resources, including

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7023 logistical support, recruitment services, fi- Use Weapons of Mass Destruction—Sep- On February 19, 2009, Salah Osman Ahmed nancial support, identification documents tember 2009 pleaded guilty to providing material support and personnel, to a conspiracy to kill over- On Sept. 8, 2009, Zazi drove from Denver to to al-Shabaab. seas. New York, carrying explosives and other ma- (97) Abdifatah Yusuf Isse—Providing Mate- (63 through 71) Nine Members of Militia terials necessary to build bombs and carry rial Support to al-Shabaab—April 2009 Group ‘‘The Hutaree’’ Charged with At- out attacks in New York City, including a On February 19, 2009, Abdifatah Yusuf Isse tempted Use of Weapons of Mass Destruc- plan to bomb the New York subway system. guilty to providing material support to al- tion—March 2010 However, shortly after arriving in New York, Shabaab. Six Michigan residents, two Ohio residents, Zazi learned that law enforcement was inves- (98) Kamal Said Hassan—Providing Mate- and a resident of Indiana were charged with tigating his activities, so he traveled back to rial Support to al-Shabaab—February 2009 attempted use of weapons of mass destruc- Denver, where he was arrested on Sept. 19, On February 19, 2009, Kamal Said Hassan tion among other charges. The indictment 2009. Medunjanin and Ahmedzay were later pleaded guilty to providing material support alleged that nine individuals who were part arrested in connection with Zazi’s bombing to al-Shabaab and making false statements of the Lenawee County Michigan militia plot. All three men had traveled to Pakistan to the FBI. group called the Hutaree, conspired to op- for terrorist training and along with others, Mrs. FEINSTEIN. It is also impor- pose by force the authority of the U.S. gov- planned the New York terrorist attacks. tant to understand that suspected ter- ernment. The indictment further alleged Three other individuals were indicted in con- that the Hutaree planned to kill an unidenti- nection with this terrorist plot: rorists who may be in the United fied member of local law enforcement and (81) Mohammed Wali Zazi, Najibullah States illegally can be detained within then attack the law enforcement officers Zazi’s father was arrested in the fall of 2009 the criminal justice system using at who gathered for the funeral. According to for lying to investigators. On February 1, least the following four options: One, the plan, the Hutaree would attack law en- 2010, he was indicted for conspiring to dis- they can be charged with a Federal or forcement vehicles during the funeral pro- pose of his son’s bomb-making materials and State crime and held; two, they can be cession with improvised explosive devices, chemicals. In July 2011, the elder Zazi was held for violating immigration laws; which, according to the indictment, con- found guilty in federal court on one count of stitute weapons of mass destruction. conspiracy to obstruct justice and one count three, they can be held as material wit- (72) Raja Ladrasib Khan—Provided Mate- of obstruction of justice. nesses as part of Federal grand jury rial Support to Al Qaeda—March 2010 (82) Ahmad Wais Afzali, a Queens Imam, proceedings; and, four, they can be held Khan was arrested and charged with send- was arrested for tipping off Zazi to the FBI under section 412 of the PATRIOT Act ing money orders to Ilyas Kashimiri, a Paki- investigation. Afzali had been a source of in- for up to 6 months. stani Al Qaeda Leader on multiple occasions formation for federal and New York City in- I wish to be very clear about what knowing that the money was going to a ter- vestigators in the past. On March 4, 2010, this amendment is and what it is not rorist organization. Afzali pleaded guilty to lying to federal offi- (73) Hosam Maher Husein Smadi—Attempt- cials. He stated in court that he lied about a about. It is not about whether citizens ing to use a Weapon of Mass Destruction— conversation he had with Zazi tipping him such as Hamdi and Padilla or others March 2010 off to the FBI’s investigation. who would do us harm should be cap- On September 24, 2009, Hosam Maher (83) Naqib Jaji, Zazi’s uncle, eventually tured, interrogated, incarcerated, and Husein Smadi was arrested and charged in a pleaded guilty to obstructing justice. severely punished. They should be. But federal criminal complaint with attempting (84) Michael Finton—Plot to Bomb the to use a weapon of mass destruction after he Springfield, Illinois, Federal Building—Sep- what about an innocent American? placed an inert/inactive car bomb near Foun- tember 2009 What about someone in the wrong tain Place, a 60–story glass office tower in On September 23, 2009, Michael C. Finton, place at the wrong time with the wrong downtown Dallas. Smadi repeatedly espoused who had converted to Islam was arrested skin color? his desire to commit violent jihad and had after he drove a van he thought was loaded The beauty of our Constitution is been the focus of an undercover FBI inves- with explosives—but was actually full of that it gives everyone in the United tigation. inert materials provided to him by the FBI— States basic due process rights to a (74) Omer Abdi Mohamed—Conspiring to to the Paul Findley Federal Building in Provide Material Support to Murder, Kidnap, Springfield, IL. Prosecutors say he parked trial by a jury of their peers. That is and Maim Abroad—November 2009 and locked the vehicle, then moved a few what makes this Nation great. As Jus- The indictment alleged that Omer Abdi blocks away before twice making cell phone tice Sandra Day O’Connor wrote for Mohamed conspired to provide material sup- calls he believed would trigger a blast that the plurality in Hamdi v. Rumsfeld: port to kill, kidnap, maim, or injure persons would kill or injure people inside the build- As critical as the Government’s interests in a foreign country. Among the activities ing. In May 2011, he pleaded guilty to at- may be in detaining those who actually pose alleged against Mohamed were that he re- tempting to bomb the building and was sen- an immediate threat to the national security cruited young men to send to Somalia to tenced to 28 years in prison. of the United States during ongoing inter- fight for al-Shabaab. In July 2011, Mohamed (85) Daniel Patrick Boyd, (86) Hysen national conflict, history and common sense pleaded guilty to the charges filed against Sherifi, (87) Anes Subasic, (88) Zakariya teach us that an unchecked system of deten- him. Boyd, (89) Dylan Boyd, (90) Mohammad Omar tion carries the potential to become a means (75) Abdow Munye Abdow—False State- Aly Hassan, and (91) Ziyad Yaghi—Terrorism for oppression and abuse of others who do ments in a Terrorism Investigation—October Violations—July 2009 not present that sort of threat. 2009 On July 27, 2009, seven individuals in North On October 13, 2009, a federal grand jury re- Carolina were charged with conspiring to Just think of it. If someone is of the turned a two-count indictment charging provide material support to terrorists and wrong race and they are in a place Abdow Munye Abdow with making false conspiring to murder, kidnap, maim, and in- where there is a terrorist attack, they statements to the FBI after being stopped jure persons abroad. The indictment alleged could be picked up, they could be held during a road trip from Minneapolis to Las that Daniel Boyd and the other defendants without charge or trial for month after Vegas with young men, allegedly facilitating conspired to provide material support and re- month, year after year. That is wrong. their travel to Somalia to fight for al- sources to terrorists, including currency, Shabaab. training, transportation, and personnel. The Experiences over the last decade prove (76) David Coleman Headley and (77) defendants also conspired to murder, kidnap, the U.S. is safer now than before the 9/ Tahawwur Hussain Rana—Terrorism Con- maim, and injure persons abroad during this 11 attacks. Terrorists are behind bars, spiracy—October 2009 period. The object of the conspiracy, accord- dangerous plots have been thwarted. On October 29, 2009, David Coleman ing to the indictment, was to advance vio- The system is working and hopefully Headley and Tahawwur Hussain Rana were lent jihad. improving each day. arrested for their alleged roles in conspir- (92) James Cromitie, (93) David Williams, So I think now is the time to clarify acies to provide material support and/or to (94) Onta Williams, and (95) Laguerre U.S. law to state unequivocally that commit terrorist acts against overseas tar- Payen—Plot to Blow up Synagogues and gets, including facilities and employees of a Shoot down U.S. Military Planes—May 2009 the government cannot without trial Danish newspaper that published cartoons of These four men were arrested for plotting or charge indefinitely detain Ameri- the Prophet Mohammed in 2005. Eventually to bomb synagogues in the Bronx, New York. cans and green card holders captured Headley pleaded guilty to a dozen charges of Additionally, they planned to use Stinger, inside this country. terrorism stemming from the November 2008 surface to air missiles, to shoot down mili- The Federal Government experi- terrorist attack in Mumbai, India. Headley tary planes at New York Air National Guard mented with indefinite detention of also admitted to attending training camps in Base. The men were contacted by FBI in- U.S. citizens during World War II, a Pakistan to prepare for terrorist attacks and formants and given inert weapons, which mistake we now recognize as a betrayal to traveling to Mumbai to conduct surveil- they proceeded to try and use, which is when lance in 2005. they were apprehended. of our core values. Let’s not repeat it. (78) Najibullah Zazi, (79) Adis Medunjanin, (96) Salah Osman Ahmed—Providing Mate- I urge my colleagues to support this and (80) Zarein Ahmedzay—Conspiracy to rial Support to al-Shabaab—July 2009 amendment.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7024 CONGRESSIONAL RECORD — SENATE November 28, 2012 I yield the floor for Senator PAUL. racy, the most oppressive of absolute England and America have for cen- The PRESIDING OFFICER (Mr. governments.’’ turies prized this right to trial by jury. WHITEHOUSE). The Senator from Ken- We are told we cannot do this. We It seems a shame to scrap it now. Our tucky. have to put these people outside the Founders believed so firmly in the Mr. PAUL. Mr. President, I rise to constitutional court, that somehow we right to trial by jury that they en- support Senator FEINSTEIN’s amend- need something beyond the Constitu- shrined it in the body of the Constitu- ment. I compliment her on her work. I tion, that the Constitution is not tion, again in this sixth amendment also echo the importance of the right enough to convict terrorists. Yet hun- and again every State of the Union has to trial by jury. In fact, I am appalled dreds of terrorists have been convicted. within the body of its constitution the that anyone would think we could ar- In fact, two terrorists in my little right to trial by jury. rest anyone in our country without small town, Bowling Green, KY, were It seems a shame to scrap it now. charging them and giving them a right apprehended and were tried and were Churchill proudly remembers our joint to a trial. It seems so fundamentally convicted to life for terrorism. We can devotion to trial by jury. He writes, un-American. do it. ‘‘We must never cease to proclaim in I agree with her also that I think the We are told that only terrorists asso- fearless tones the great principles of Supreme Court would apply this to ciated with al-Qaida will this be ap- freedom and the rights of man which anyone. Our amendment will say citi- plied to. We will only take away the are the joint inheritance of the zens and permanent residents. But I right to trial by jury if they are part of English-speaking world and which think the Supreme Court, if chal- al-Qaida. But part of the security appa- through the Magna Carta, the Bill of lenged, will uphold the right to trial by ratus also tells us to know your neigh- Rights, habeas corpus, trial by jury and jury of anyone within the United bor. Know your neighbor so you can re- the English common law find their States. port your neighbor. most famous expression in the Declara- Today, we will either affirm the right In fact, we are told by the govern- tion of Independence.’’ to trial by jury or restrict it. Today, ment some of the characteristics that Senator Lafollette, a famous Senator we will vote to affirm the sixth amend- might make you a terrorist. We are from Wisconsin, put it well. He said: ment to the Constitution or we will told by the Department of Justice that Let no man think that we can deny civil spurn it. Today, we will vote to affirm if you have stains on your clothing, liberty to others and retain it for ourselves. 800 years of history, beginning with the that if you are missing fingers, if you When zealot agents of the government arrest Magna Carta, or we will relinquish or, have changed the color of your hair re- suspected radicals without warrant, hold at the very least, diminish a right that cently, that if you prefer to pay in them without prompt trial, deny them ac- Jefferson referred to as ‘‘the only an- cash, that if you own weatherized am- cess to counsel and admission of bail . . . we chor yet imagined by man, which a munition, if you own multiple guns, have shorn the Bill of Rights of its sanctity ... government can be held to the prin- you might be a terrorist; that your ciples of its Constitution.’’ The right to neighbor should report you. Today we have a chance to reaffirm trial by jury was a check on oppressive Do we want to relinquish our right to our belief in the right to trial by jury. government. trial by jury if the characteristics of We have a chance to replace fear with Opponents of the right to trial by terrorism are wanting to pay by cash? confidence, confidence that no terrorist jury will come and they will argue that In Missouri, they had fusion centers. and no country will ever conquer us if the American homeland is now a bat- They are supposed to accumulate infor- we remain steadfast, steadfast to the tlefield and that we must circumscribe mation about terrorists and sort of as- principles of our founding documents. our right to trial by jury to be safe similate Federal and local and have We have nothing to fear except our from terrorists. But if we give up our better communications. own unwillingness to defend what is rights, have not the terrorist won? If Sounds good. I am all for better com- naturally ours, our God-given rights. we let fear relinquish our rights—if we munications. Before 9/11 we did mess We have nothing to fear that should relinquish our rights because of fear, up. We did not communicate well. But cause us to relinquish our rights as free what is it exactly then we are fighting from this fusion center comes a docu- men and women. I urge my colleagues for? ment that says: Beware of people who to reject fear, to reject the siren call We are asked to relinquish our rights have bumper stickers supporting third- for an ever more powerful government. because the battlefield is limitless. It party candidates, beware of people who Justice White put it well when he is, though, not a temporary suspension believe in stricter immigration laws, said: they are asking for, and they request beware of people who support the right A right to jury trial is granted criminal de- this because they also say the battle is to life; they might be terrorists. This is fendants in order to prevent the oppression also without limit. This is not a war an official document. Do we want to by the government. that is going to end, nor is it a right give up the right to trial by jury when It is not just about a fair trial, it is they will suspend temporarily. They we are being told someone who keeps about checking your government. This are asking people to relinquish their food in their basement might be a ter- vote today is about more than just right to trial by jury for the rest of rorist? combating terrorism or a fair trial, it this limitless war. Am I the only one who fears the re- is about relinquishing the right to the Those Senators who would propose linquishing of a right we have had for checks and balances, to the checks limiting the right to trial by jury, they 800 years? Am I the only one who fears that cause and help us to check the re- deflect and demur that everyone will that a terrorist might be someone lentless growth of government. It is still have a habeas hearing. A habeas whom we might describe as someone about whether a free people are willing hearing is important. They must who is a constitutionalist? This is an to remain steadfast in our defense of an present the body and a judge might ancient right to trial by jury we have 800-year-old right that finds justice for say: Why are you holding this person? had since virtually the beginning of the accused and provides restraint and But it is not the end of due process; it our historic times. The Greeks and the limits on despotism. is the beginning of due process. Romans had a form of right to trial by I hope my colleagues will today vote A habeas hearing is not due process. jury. against limitations on the trial by It is the beginning. We must still have In 725 A.D., Morgan of Glamorgan, jury, recognize its sanctity, and recog- a trial by jury or we do not have the the Prince of Wales, said, ‘‘For as nize the importance of something that due process our Founding Fathers Christ and his Twelve Apostles were fi- brings Members from the right side of fought for. Those Senators who would nally to judge the world, so human tri- the aisle together with Members of the abridge this and say a habeas hearing bunals should be composed of twelve left side of the aisle who believe is enough should remember Black- wise men.’’ We have been doing this for strongly in the defense of the Bill of stone’s admonition, ‘‘Every new tri- hundreds upon hundreds of years. We Rights. bunal, erected for the decision of facts saw it as a way to check the oppression Mr. President, I yield the floor. without the intervention of a jury . . . of the King but also to check the po- The PRESIDING OFFICER. The Sen- is a step towards establishing aristoc- tential oppression of government. ator from Utah.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7025 Mr. LEE. Mr. President, I rise today unfortunate. This creates challenging to engage in a colloquy with the distin- to speak in favor of the Feinstein-Lee times for us. I hope and pray every day guished chairman. amendment to the National Defense we will be successful in fending off Is it our intention to continue to Authorization Act. At the outset, I those who would harm us, those who consider amendments following this wish to note this amendment is the hate our way of life and everything amendment, and I don’t know whether product of bipartisan discussion and about us and will do everything in there is a possibility of votes, but we collaboration on an issue that is impor- their power to destroy us and our lib- certainly—isn’t it correct to say we tant to all Americans. I am pleased to erty. But that does not—it cannot, it could consider amendments, and we have been a part of that process. will not—mean we, as Americans, will try to dispose of them given the Senator FEINSTEIN and I have worked should surrender our basic instinct to limited time we have to consider the closely together over the course of the be free. bill? past year to craft what we believe rep- We must stand behind our 225-year- Mr. LEVIN. It would be my hope that resents a very prudent course in pro- old founding document as it has been after this vote, we would be able to tecting both our Nation and our lib- amended to ensure that our liberty clear amendments, perhaps—— erties at the same time. Security is im- isn’t taken away from us to give us a Mr. MCCAIN. Debate. portant. And precisely because it is im- path toward providing for our security Mr. LEVIN. And to have the Senators portant it must not be acquired at the without jeopardizing the freedom our debate amendments. expense of our individual liberty. It American citizens cherish so much and I know Senator COBURN will be here may well be said that government’s have fought so hard and for so long to between now and 6 o’clock to debate most important basic responsibility is protect. the Leahy amendment. We don’t need to protect the liberties of its citizens. Granting the U.S. Government the to protect him further since the time is Our Nation has fought wars on Amer- power to deprive its own citizens of equally divided, and he can have part ican soil and around the world in de- life, liberty, or property without full of the half hour of time. fense of individual liberty, and we must due process of law goes against the But it is my hope that people who not sacrifice this most fundamental very nature of our Nation’s great con- want to dispose of amendments will right in pursuit of greater security, es- stitutional values. This amendment— come after the 6 o’clock vote and bring pecially when we can achieve security the Feinstein-Lee amendment—pro- these amendments to our attention, without compromising liberty. tects those values. I urge my col- see if our staffs can make progress, The Feinstein-Lee amendment does leagues to support it. clear amendments, and maybe package precisely that. It protects liberty by Mr. President, I yield the floor. some votes for tomorrow morning. We ensuring that no American will be de- The PRESIDING OFFICER. The Sen- can make progress after this vote if our prived of due process. The fifth amend- ator from Michigan. colleagues will cooperate with us. ment states: Mr. LEVIN. Mr. President, some- Mr. MCCAIN. I thank my friend, and No person . . . shall be deprived of life, lib- where on this desk I have a unanimous I do not object. erty or property, without due process of law. consent request. The PRESIDING OFFICER. Without The sixth amendment, likewise, Mr. President, I suggest the absence objection, it is so ordered. guarantees that individuals accused of of a quorum. AMENDMENT NO. 2955 a crime will have access to an attorney The PRESIDING OFFICER. The (Purpose: To improve the Public Safety and access to a trial by a jury con- clerk will call the roll. Officers’ Benefits Program) The assistant legislative clerk pro- sisting of that person’s peers. Our Mr. LEAHY. Mr. President, I call up ceeded to call the roll. amendment protects those rights and amendment No. 2955. Mrs. FEINSTEIN. Mr. President, I The PRESIDING OFFICER. Without it provides the following: ask unanimous consent that the order An authorization to use military force, a objection, the pending amendment is for the quorum call be rescinded. set aside. declaration of war, or any similar authority The PRESIDING OFFICER. Without shall not authorize detention without charge The clerk will report. or trial of a citizen or lawful permanent resi- objection, it is so ordered. The assistant legislative clerk read dent of the United States apprehended in the Mrs. FEINSTEIN. Mr. President, I as follows: United States. ask unanimous consent that Senator The Senator from Vermont [Mr. LEAHY] It is important to note the Supreme BAUCUS be added as a cosponsor to my proposes an amendment numbered 2955. amendment No. 3018. Court has never specifically held that Mr. LEAHY. I ask unanimous con- an authorization for the use of military The PRESIDING OFFICER. Without objection, it is so ordered. sent that the reading of the amend- force somehow authorizes the indefi- ment be dispensed with. nite detention of a U.S. citizen or a Mrs. FEINSTEIN. Mr. President, I yield the floor, and I suggest the ab- The PRESIDING OFFICER. Without U.S. person apprehended within the objection, it is so ordered. United States, and I don’t think we sence of a quorum. The PRESIDING OFFICER. The (The amendment is printed in today’s should break new ground here. I don’t clerk will call the roll. RECORD under ‘‘Text of Amendments.’’) think we should start opening that The assistant legislative clerk pro- Mr. LEAHY. Mr. President, this is precedent and suggest that is somehow ceeded to call the roll. actually a simple amendment. It acceptable. The Constitution does, in Mr. LEVIN. Mr. President, I ask strengthens the Public Safety Officers’ fact, require nothing less than tradi- unanimous consent that the order for Benefits Act. That is the Federal death tional due process for all Americans the quorum call be rescinded. and disability program that we have apprehended within the United States. The PRESIDING OFFICER. Without for our Nation’s first responders who As Supreme Court Justice Anthony objection, it is so ordered. are killed or disabled in the line of Scalia has written: Mr. LEVIN. Mr. President, I ask duty. There is nothing new to this body The gist of the Due Process Clause, as un- unanimous consent that it now be in in this amendment. derstood at the founding and since, was to order for Senator LEAHY to call up his An earlier version of this legislation force the government to follow . . . common- amendment No. 2955; that the time was adopted on the Senate floor by law procedures traditionally deemed nec- voice vote in December of 2001. It was essary before depriving a person of life, lib- until 6 p.m. be equally divided in the erty, or property. When a citizen was de- usual form; that at 6 p.m. the Senate adopted as part of the FAA Air Trans- prived of liberty because of alleged criminal proceed to a vote in relation to the portation Modernization and Safety conduct, those procedures typically required Leahy amendment No. 2955; further, Improvement Act. In fact, following committal by a magistrate followed by in- that there be no amendments in order the Senate’s adoption of the amend- dictment and trial. to the Leahy amendment prior to the ment, I worked closely with the House I understand and respect, of course, vote. Judiciary chairman, the distinguished the fact that we live in perilous times. The PRESIDING OFFICER. Is there Member of the House, Congressman We, unfortunately, as Americans have objection? LAMAR SMITH of Texas. He and I added enemies not only around the world but Mr. MCCAIN. Reserving the right to additional reforms so we ended up with even within our own borders. This is object, but I am not objecting, I wish an improved bill. We ended up with a

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7026 CONGRESSIONAL RECORD — SENATE November 28, 2012 modest expansion of benefits for de- Vermont or Rhode Island or any other gation, to define carefully the scope of serving emergency medical responders State in this country. This measures the detention authority we intended in and a host of reforms to make the Pub- contained in this amendment were the AUMF. If we do not clarify this im- lic Safety Officers’ Benefits Program passed in the House overwhelmingly by portant issue, the Federal courts and stronger, more efficient, and more voice vote in June of this year. It the executive branch will be left to cost-effective. passed here on the floor of the Senate substitute their judgment for ours. The most important thing, CBO, by voice vote before that. It has no This amendment specifically addresses which initially had concern, reviewed cost to the taxpayers, which is some- the issue of American citizens and law- it and found this cost nothing. The thing Chairman SMITH and I worked on ful permanent residents detained in the CBO recognized the cost savings associ- together to ensure. I hope it will pass United States, and it would clarify ated with the reforms and efficiencies and at 6 o’clock we vote on it. that it is not the intention of the Con- that we incorporated and determined I reserve the balance of my time and gress to allow for their indefinite de- that the modest expansion of benefits I suggest the absence of a quorum and tention. was fully offset by these reforms. What ask that time be equally divided during Let me briefly mention what the we are saying, since 1974, this country the call of the quorum. Feinstein-Collins amendment does not has recognized that we have first re- The PRESIDING OFFICER. The do. sponders who are killed and disabled in clerk will call the roll. First, it does not change the ruling the line of duty whose families deserve The assistant legislative clerk pro- in Hamdi v. Rumsfeld. In that case, the our help. This bipartisan legislation ceeded to call the roll. Supreme Court ruled that an American does that. Ms. COLLINS. Mr. President, I ask citizen who wages war against U.S. We have determined that a police of- unanimous consent that the order for troops in an active combat zone can be ficer who is shot in the line of duty, a the quorum call be rescinded. taken into preventive detention in first responder, a firefighter, an emer- The PRESIDING OFFICER. Without order to keep that person from con- gency medical responder and others objection, it is so ordered. tinuing to wage war overseas against who are killed in the line of duty, died Ms. COLLINS. Mr. President, I ask American military forces. as a result of their work in the line of unanimous consent that Senator When an American citizen leaves this duty, that they would have and share DEMINT be added as a cosponsor of the country to wage war against his fellow in the same benefit we have provided amendment entitled ‘‘Feinstein-Collins citizens, he relinquishes certain rights, for the whole country. This clarifies amendment No. 3018.’’ otherwise supported by the Constitu- the policy for all first responders who The PRESIDING OFFICER. Without tion, and I agree with the Court’s deci- serve their communities in an official objection, it is so ordered. sion in this case. Next, this amendment does not pre- capacity. Ms. COLLINS. Mr. President, I rise It is hard to think of anybody who to speak in support of the amendment clude intelligence gathering subse- quent to a suspected terrorist being could possibly disagree with this offered by Senator FEINSTEIN. The pur- taken into detention. amendment. It costs taxpayers noth- pose of our amendment is to make The intelligence gathered from a sus- clear that a U.S. citizen or legal per- ing. It builds upon and improves what pect in the hours or days after his ar- manent resident arrested in this coun- we have always done. rest can be vital to preventing further Let me tell a story. Before we had try cannot be detained indefinitely acts of violence or in uncovering ter- this act, before we had this law, when without charge or trial. This amend- rorist networks at home or abroad. I was a young State’s attorney, the po- ment is necessary because current law This amendment balances the ability lice chief in Manchester, VT, respond- with respect to the indefinite detention to gather this important information ing to a burglary, was shot and killed. of U.S. citizens within the United with the suspect’s rights by providing He was a man, the sole support of his States remains unclear after more than some flexibility within the Constitu- wife and his aging mother. It turned 11 years of a persistent conflict in tion’s bounds. out there was no program at that time, which the enemy often does not distin- For example, it does not cir- no assistance from the state or Federal guish itself from civilians. cumscribe the existing public safety Government. This was prior to 1974, Without this amendment, it is con- exception to Miranda. This exception 1976, and there was no program to care ceivable that an American citizen permits law enforcement, in certain for them, to care for the widow. There- could be arrested, detained, and held circumstances, to engage in a limited fore, there was not even money to pay without charge or trial in order to ad- and focused unwarned interrogation for his funeral. dress the gap in the law. Our amend- and allows the government to intro- I was president of the Vermont ment is necessary. duce the statement as direct evidence State’s attorneys association at the Last year the fiscal year 2012 Na- in a judicial proceeding. Law enforce- time, and I started making calls tional Defense Authorization Act de- ment officials, confronted with an around the State. We quickly raised fined the scope of the detention author- emergency, may question a suspect the money for his funeral and for some ity provided under the 2001 Authoriza- held in custody about an imminent modest help for his family. I still re- tion for Use of Military Force for de- threat to public safety without pro- member that funeral. It was one of tainees captured outside the United viding Miranda warnings first. those days we often have in the winter States. But the scope of detention au- In addition, nothing precludes other during a snowfall when there are very thority, as it relates to U.S. citizens Federal agents from gathering intel- large snowflakes. They call them silver and lawful residents captured or ar- ligence without providing Miranda dollar snowflakes, and they are very rested inside the United States, was rights. Under current law, a U.S. cit- large. They were falling gently out of left nebulous. izen cannot be tried in a military tri- the sky. But on the two-lane road lead- Because of this legal ambiguity, de- bunal, and that does not change under ing to this small church, a typical New spite the guarantees enshrined in our our amendment. England church with a white steeple on Constitution, an American citizen Finally, this amendment does not it, for miles and miles all we saw is could be indefinitely detained without change the treatment of those who are that of the snow coming down in the charge or trial, even if they are de- here on temporary visas, such as stu- reflection. The blue lights from the po- tained in the United States. dents or travelers—the kind of visas lice cars were flashing, the red lights I do not believe that many of us in- that were used by the 9/11 terrorists. from the firetrucks were flashing, and tended to authorize such a sweeping de- In closing, let me talk about how this the white and red lights from the am- tention authority within the United amendment would have changed the bulances were flashing. I have never States when we voted to allow our treatment of some U.S. citizens de- forgotten that. military to pursue al-Qaida following tained under the authorization for use Today, thanks to Federal legislation, the 9/11 attacks. of military courts during the last 11 if that happened again, there would at Because Congress was responsible for years had it become law. least be benefits, as it should be. But authorizing the use of military force in First, because this amendment only this is something that could happen in the first place, it is our duty, our obli- covers American citizens captured in

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7027 the United States, it would not have going to do is find ourselves at a point Order of Police. He is one of our Na- affected the detention of John Walker where we are going to have to make tion’s law enforcement leaders. He Lindh, for example. So the only U.S. cuts in programs that are our responsi- wrote to the chairs of both the Senate citizen affected by this amendment bility. and House Judiciary Committees about would have been Jose Padilla. If this All I ask you to do is think about the distinguished Senator’s opposition amendment were the law, Jose whether this is truly a responsibility of to this cost-neutral Public Safety Offi- Padilla’s detention would have ended the Federal Government and whether cers’ Benefits Program reform, and he as it did under the Bush administra- we ought to be expanding the program. concluded: tion—in a Federal courtroom, where he It is well-intentioned and does great The FOP views this not as a politician em- was charged with aiding terrorists in a work, I don’t discount that. It is well- bracing the principle of federalism, but as a terrorist organization. deserved, I don’t discount that. But is . . . ploy to place even greater strain be- Since 2001 terrorism has claimed far it a responsibility of the Federal Gov- tween law enforcement and other public too many victims, both abroad and ernment? safety officers that serve on the local and here in our country. But it is crucially I would state to the chairman that I State level and their colleagues employed by the Federal government. When a police offi- important that in pursuing the war on would be happy to have a voice vote on terrorism, we must assure our fellow cer puts himself in harm’s way, he does not this and not force a vote because I stop to think about jurisdiction. He does not citizens their constitutional rights— know the outcome and we shouldn’t ask the offender if he is committing a local, the very foundation of what makes us waste everybody’s time to do that. So State, or Federal crime. He acts in the best Americans. For this reason, I am proud I ask for a voice vote and to vitiate the interest of the safety of those he swore to to be a cosponsor of Senator FEIN- vote that is scheduled for 6 o’clock. protect. A family that loses a loved one in STEIN’s amendment, and I strongly The PRESIDING OFFICER. Is there the line of duty should not just be left adrift, urge its adoption. objection to that request? their sacrifice ignored because their loved The PRESIDING OFFICER. The Sen- Mr. LEVIN. Mr. President, I am not one was a local firefighter or State Trooper and not a Federal agent. ator from Oklahoma. sure what that request was. AMENDMENT NO. 2955 The PRESIDING OFFICER. The re- I hope the Senate will overwhelm- Mr. COBURN. Mr. President, I would quest was for a voice vote on the Leahy ingly pass this bipartisan piece of leg- like to spend a few minutes noting why amendment now. islation. We have always supported our I am against the expansion of the Dale The Senator from Arizona. first responders. I think back to my Long Public Safety Officers’ Benefits Mr. MCCAIN. Mr. President, I will be own experience in law enforcement and Improvements Act. And it is a great asking for the yeas and nays at the ap- also the experience of former Senator example of where we find ourselves in propriate time. Ben Nighthorse Campbell from Colo- the country. If you read the Constitu- The PRESIDING OFFICER. Objec- rado, who I joined to write legislation, tion and look at the enumerated pow- tion is heard. based upon his experience in the sher- ers, we have a Federal program to ben- The Senator from Vermont. iff’s department in Colorado, and my efit what is really the responsibility of Mr. LEAHY. Mr. President, it is my experience as a prosecutor, to provide States. Now, nobody is going to say understanding that we will be voting at assistance to state and local law en- this isn’t a beneficial program to those 6 p.m. Is that correct? forcement to obtain bulletproof vests. poor families who might need this. And The PRESIDING OFFICER. The Sen- The amendment we consider today is in the chairman of the Judiciary Com- ator is correct. that same spirit. Anybody who served mittee has done a wonderful job in Mr. LEAHY. And as I understand, the in law enforcement, anybody who terms of offsetting this so that there is managers will be requesting a rollcall served as a volunteer firefighter or no additional cost, and for that I con- vote. emergency medical responder, anybody gratulate him. But this is a great ex- Mr. President, how much time does in any part of this country who serves ample of why we have $88 trillion in the Senator from Vermont have re- in these capacities knows the need for unfunded liabilities and are $16 trillion maining? this. The fact that we have been able to in debt—because we are doing a func- The PRESIDING OFFICER. The Sen- improve the existing law, with no cost tion that is truly the responsibility of ator has 7 minutes remaining. to the taxpayer, is even better. the States. Mr. LEAHY. Mr. President, the dis- Mr. President, I ask unanimous con- The PSOB Program was originally tinguished gentleman from Oklahoma sent to have printed in the RECORD let- designed, in its original design, to be a has noted his objection, and I appre- ters from the Congressional Fire Serv- model so that the States would set up ciate him doing that, but I would also ices Institute, International Associa- and demonstrate to them how they note that we share different views on tion of Fire Chiefs, International Asso- could structurally set up their own this. For example, the Senator from ciation of Fire Fighters, National Fire programs. Over the last 30 years, Con- Oklahoma was the lone vote opposing Protection Association, National Vol- gress has continued to expand this pro- the Bulletproof Vest Partnership Grant unteer Fire Council, and the American gram, and now we spend about $81 mil- Act of 2012. The Bulletproof Vest Part- Ambulance Association in support of lion to $85 million a year on this pro- nership Grant Program has saved the this legislation. gram. I am not saying it is not needed lives of hundreds and even thousands of There being no objection, the mate- money for the families, but we are our police officers. He opposes the Pub- rial was ordered to be printed in the going to expand a program that is lic Safety Officers’ Benefits Act, which RECORD, as follows: truly not a Federal responsibility. provides a Federal death benefit to sur- NOVEMBER 28, 2012. I have no hopes this will be defeated. viving families of first responders who Hon. PATRICK LEAHY, I know it won’t. But I wanted to raise are killed in the line of duty. And he is Chairman, Senate Committee on the Judiciary, this question: Given what is in front of objecting to the passage of the bipar- Washington, DC. us, it is one thing to meet the needs tisan, bicameral, and cost-neutral Pub- DEAR CHAIRMAN LEAHY: We are writing to under our Federal requirements for lic Safety Officers’ Benefits Improve- express support for S.A. 2955, which would amend S. 3254, the National Defense Author- Medicare and Medicaid, but when are ments Act of 2012, which would make ization Act to include language from the we going to stop expanding programs important reforms to a program that Public Safety Officers’ Benefits Improve- that aren’t truly our responsibility? has assisted the families of thousands ments Act (PSOBIA). As you know, the Pub- The cause is great. It is appropriate for of police officers and other first re- lic Safety Officers’ Benefits (PSOB) program a government agency to help in times sponders who have lost their lives pro- provides critical assistance to the families of for the people who actually put their tecting their communities and fellow public safety officers who suffer a fatal in- lives on the line for us. But is it a Fed- citizens. jury in the line of duty and to public safety eral responsibility? The answer is no, it During the months when we were try- officers who suffer a permanently disabling injury in the line of duty. is not. It is a State responsibility. As ing to pass the Public Safety Officers’ PSOBIA would make several important we assume more and more responsibil- Benefits legislation, we heard from changes to how PSOB is administered, in- ities for the States, with budget defi- Chuck Canterbury, the highly re- cluding making employees and volunteer cits in excess of $1 trillion, what we are spected president of the Fraternal members of private, non-profit EMS/rescue

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7028 CONGRESSIONAL RECORD — SENATE November 28, 2012 agencies eligible. Volunteer and career fire- ever, currently applies only to those public I thank the Senator from Arizona. fighters and EMTs in private, non-profit fire safety officers employed by a federal, state, The PRESIDING OFFICER. The Sen- departments already qualify for PSOB while or local government entity. The brave men ator from Vermont. their counterparts in non-fire-based, private and women employed by nongovernmental Mr. LEAHY. Mr. President, I would non-profit EMS systems generally do not. EMS agencies provide the same vital emer- PSOBIA fixes this inequity. gency medical services as governmental offi- note that this is a very modest expan- The bill also clarifies that public safety of- cers and do so daily in the same dangerous sion of benefits for emergency medical ficers who suffer a fatal vascular rupture in- environments. It is unfair to penalize non- technicians who serve at the direction jury in the line of duty are eligible for PSOB. governmental public safety officers and their of a state emergency response system, The Hometown Heroes Survivors Benefits families simply because their employer is a and is entirely offset by other provi- Act was enacted in 2003 and created a pre- non-profit EMS agency which cannot afford sions in the amendment. It simply re- sumption that public safety officers who suf- to offer the same level of benefits as the forms and improves what is already PSOB program. This amendment would cor- fer a fatal heart attack or stroke within 24 law and adds no cost—no Federal cost. hours of engaging in emergency response ac- rect this inequity. tivity are considered to have died as a result We thank you for all your years of service And if I could have the attention of of a line of duty injury and thus qualify for to our country and to the support you’ve the Senator from Indiana, this is less PSOB. Vascular rupture is a type of injury provided to the nation’s first responders. an expansion than a correction to a gap that is similar to but technically distinct Again, we urge you to support Senate in the existing law. It is a reform of from heart attack and stroke. Amendment 2955 as you move forward on the programs we have, and it is of no cost To reiterate, our organizations support NDAA bill. If you have any questions, please to the Federal taxpayers. S.A. 2955, which makes several minor but ex- do not hesitate to contact Tristan North of I see the Senator from Arizona on the the AAA at [email protected] or 202–486– tremely important changes to how the PSOB floor. I am perfectly willing to yield program operates without any additional 4888. cost to the federal government. Thank you. back my time and go to vote if he wish- Sincerely, Sincerely, es. CONGRESSIONAL FIRE STEVE WILLIAMSON, Mr. MCCAIN. I thank the chairman. SERVICES INSTITUTE, President, The PRESIDING OFFICER. The Sen- INTERNATIONAL American Ambulance Association. ator from Michigan. ASSOCIATION OF FIRE The PRESIDING OFFICER. The Sen- Mr. LEVIN. Mr. President, two CHIEFS, ator from Alabama. things. INTERNATIONAL Mr. SESSIONS. Mr. President, I ask No. 1, we are going to proceed to the ASSOCIATION OF FIRE to call up amendments Nos. 3007, 3008, FIGHTERS rollcall vote in a moment, and with 3009, 3010, and 3013. Senator MCCAIN’s support and consent, NATIONAL FIRE PROTECTION The PRESIDING OFFICER. Is there ASSOCIATION I would like to let our colleagues know objection? NATIONAL VOLUNTEER FIRE we will be here after this vote. That COUNCIL. Mr. SESSIONS. And No. 3011. Mr. LEVIN. I object. doesn’t mean there will be any addi- tional votes tonight. That is not up to AMERICAN AMBULANCE ASSOCIATION, The PRESIDING OFFICER. Objec- tion is heard. us to decide; that is the leadership call. November 27, 2012. The Senator from Indiana. But we will be here to try to clear Hon. CARL LEVIN, Mr. COATS. Mr. President, I was lis- amendments for either voice votes or Chairman, Committee on Armed Services, U.S. for votes tomorrow if there are no roll- Senate, Washington, DC. tening to the dialog here that was Hon. JOHN MCCAIN, going back and forth. call votes today or for debate. Senator Ranking Member, Committee on Armed Services, The PRESIDING OFFICER. The Re- MCCAIN and I are prepared to stay here U.S. Senate, Washington, DC. publican time has expired under the to receive the amendments people want DEAR CHAIRMAN LEVIN AND RANKING MEM- current order. to discuss and to see if we can’t get BER MCCAIN: We are writing to ask your sup- Mr. MCCAIN. Mr. President, I ask some of them cleared and perhaps port for a critical amendment to the FY 13 unanimous consent for 2 additional voice-voted tonight. National Defense Authorization Act (NDAA) minutes for the Senator from Indiana. Mr. MCCAIN. I yield all remaining Senate Amendment 2955, the Dale Long Pub- The PRESIDING OFFICER. Is there time. lic Safety Officers’ Benefits Improvements objection? Act of 2012. Mr. LEVIN. I ask for the yeas and The American Ambulance Association Without objection, it is so ordered. nays. (AAA) is the primary trade association for Mr. COATS. Mr. President, I just The PRESIDING OFFICER. Is there a ground ambulance service agencies whose wanted to comment that I was listen- sufficient second? combined membership provides emergency ing to the discussion going on here There appears to be a sufficient sec- and non-emergency medical services to over about the Leahy amendment. ond. 75% of the U.S. population. Each day our I don’t know what the history of all The question is on agreeing to the first responders put their lives on the line to this is, but I simply want to say that I amendment. serve our nation, yet they face an inequity think the Senator from Oklahoma in the existing Public Safety Officer Benefits The clerk will call the roll. asked a very legitimate question that The bill clerk called the roll. Program, a longstanding Federal program we all ought to consider; that is, Is this designed to help honor those that lose their Mr. DURBIN. I announce that the lives in the line of duty. legitimately a Federal responsibility? Senator from New Mexico (Mr. BINGA- In order to fix this inequity, we strongly Given the fiscal plight that we are in MAN), and the Senator from Oregon urge you to support Senate Amendment 2955. and careening toward the cliff, do we (Mr. WYDEN) are necessarily absent. The amendment includes critical improve- want to keep expanding Federal pro- Mr. KYL. The following Senators are ments to the Public Safety Officers’ Benefits grams? But in deference to his col- necessarily absent: the Senator from Program, also known as the Dale Long Pub- leagues and the timeframe here, he lic Safety Officers’ Benefits Improvements Illinois (Mr. KIRK), and the Senator said he understands that it will be a from Kentucky (Mr. PAUL). Act of 2012. This amendment would make virtually unanimous vote despite his members of rescue squads or ambulance The PRESIDING OFFICER. (Mr. crews operated by nonprofit entities eligible question, which is legitimate and I BENNET). Are there any other Senators for benefits paid when a public safety offi- think we all ought to consider. But in the Chamber desiring to vote? cers is permanently disabled or dies in the that was rejected. And then the re- The result was announced—yeas 85, line of duty. The amendment also includes a sponse to somebody who I think was nays 11, as follows: host of important reforms to the program in- trying to be deferential to the Senator [Rollcall Vote No. 207 Leg.] cluding the reduction of claims processing from Vermont and his proposals sort of and administrative to name a few. Just as is put in a position where it looks as YEAS—85 importantly, the Congressional Budget Of- though he is not trying to be conscious Akaka Blumenthal Cantwell fice has provided a neutral score on the issue Alexander Blunt Cardin Every state in the country has commu- of the situation that exists. Ayotte Boozman Carper nities that have elected to have their emer- I think he asked a legitimate ques- Barrasso Boxer Casey gency medical services provided by non- tion to which all of us, given our cur- Baucus Brown (MA) Chambliss rent fiscal situation, ought to give due Begich Brown (OH) Cochran governmental EMS agencies. The Public Bennet Burr Collins Safety Officer Benefit (PSOB) program, how- consideration.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7029 Conrad Landrieu Roberts amendment, not to call it up but to pact on the supply of agricultural com- Coons Lautenberg Rockefeller speak on an amendment that she would modities for the production of food. Crapo Leahy Rubio Durbin Levin Sanders be offering tomorrow in the queue As the largest single consumer of fuel Enzi Lieberman Schumer which I just described. in the world, the Department of De- Feinstein Lugar Sessions The PRESIDING OFFICER. The Sen- fense uses approximately 120 million Franken Manchin Shaheen ator from Arizona. barrels of oil each year, spending over Gillibrand McCaskill Shelby Grassley McConnell Mr. MCCAIN. Mr. President, I thank $17 billion in fiscal year 2011 on fuel. Snowe Hagan Menendez Stabenow the distinguished chairman. I think we This dependency on a single source of Harkin Merkley have made reasonably good progress energy leaves our military’s readiness Hatch Mikulski Tester Heller Moran Thune today. I think we have disposed of a at risk. Hoeven Murkowski Toomey number of important amendments. We When the price of oil goes up $1, it Hutchison Murray Udall (CO) still have a number of issues, particu- costs the Navy an additional $30 mil- Inouye Nelson (NE) Udall (NM) lion and the entire Department of De- Isakson Nelson (FL) Vitter larly the detainee issue, which will Johanns Portman Warner probably require that we have a num- fense over $100 million. Last year Johnson (SD) Pryor Webb ber of speakers. But also I hope we alone, this forced the Navy to pay an Kerry Reed Whitehouse could reach a time limit on that. additional $500 million because the Klobuchar Reid Wicker price of fuel was higher than budgeted. Kohl Risch The Senator mentioned that there may be possibly a side-by-side or a sec- DOD is not going to allow these addi- NAYS—11 ond-degree amendment to the Ayotte tional fuel costs to directly affect our Coats DeMint Kyl amendment. But I think the chairman missions in Afghanistan. However, cost Coburn Graham Lee overruns could force the military to Corker Inhofe McCain would agree, we have made pretty good Cornyn Johnson (WI) progress. We have still got quite a long curtail training and less urgent oper- ations resulting in increased risk to fu- NOT VOTING—4 way to go. We have a full day tomor- row. Hopefully we can get it down to a ture missions. Developing a commer- Bingaman Paul cially viable biofuels industry could Kirk Wyden bare minimum of amendments so we help DOD diversify its fuel source and The amendment (No. 2955) was agreed can finish. I thank all of our colleagues for their reduce the risk of energy volatility. to. Our senior military leaders under- Mr. LEVIN. I suggest the absence of cooperation. We thank the Senator from North Carolina for discussing her stand that programs such as this MOU a quorum. are critical to national security. In The PRESIDING OFFICER. The amendment this evening. Mr. LEVIN. There will be no more July, the Secretary of the Navy, the clerk will call the roll. Chief of Naval Operations, and the Ma- votes tonight. After Senator HAGAN’s The bill clerk proceeded to call the rine Corps Commandant expressed roll. remarks are completed, I ask unani- their concern to Chairman LEVIN. Mr. LEVIN. Mr. President, I ask mous consent that there be a period of unanimous consent that the order for morning business with Senators per- The demand for fuel in theater means we mitted to speak for up to 10 minutes depend on vulnerable supply lines, the pro- the quorum call be rescinded. tection of which puts lives at risk. Our po- The PRESIDING OFFICER. Without each. tential adversaries both on land and at sea objection, it is so ordered. The PRESIDING OFFICER. Without understand this critical vulnerability and Mr. LEVIN. I have been talking now objection, it is so ordered. seek to exploit it. with Senator MCCAIN. This is what our The Senator from North Carolina. The Navy and the Marine Corps have plan is for tonight and for the morning. Mrs. HAGAN. Mr. President, Mr. been aggressively evaluating how both In the morning, we would hope we President, I wish to call up amendment energy efficiency and alternative would be able—we would first hope to No.—— sources of energy can provide tactical address the Kyl amendment. We would Mr. LEVIN. Forgive the interruption benefits to expeditionary forces. hope to take up and dispose of the Kyl again, Mr. President. I hate to inter- Given the impact of this MOU to our amendment first thing in the morning. rupt. There will be no amendments national security, I was disappointed We would then expect to move to called up tonight. The expectation is when the Senate Armed Services Com- Senator AYOTTE’s amendment, to that you would be recognized tomorrow mittee marked up the fiscal year 2013 which there may or may not be a sec- in that queue to call up the amend- Defense authorization bill and an ond-degree or a side-by-side amend- ment, but that tonight you proceed amendment was adopted that would ment offered. After that matter is dis- without calling the amendment up, prevent the Defense Department from posed of, we would expect then to move holding that off until tomorrow. participating further in the MOU. The to a Hagan amendment. And, in be- Mrs. HAGAN. Mr. President, I wish bipartisan amendment that I offer tween, it is our intent to offer cleared to speak about an amendment I am today seeks to strike that measure. amendments. going to call up tomorrow, amendment I believe Senators on both sides of I will let Senator MCCAIN join me on No. 3995. I believe it is critical, this the aisle agree that energy security is this. But these are amendments which amendment to our long-term national a national security imperative. have been cleared. People will have a security. In August of 2011, the Secre- However, there are honest disagree- chance overnight to look at them and taries of the Departments of Agri- ments over how the United States pur- see if there is any reason that they culture, Energy, and the Navy signed a sues energy independence. These diver- want rollcall votes or voice votes on memorandum of understanding to in- gent views are reflected in the debate these. If there are, we expect they are vest $170 million each to spur the pro- over the joint MOU. going to have to come down, object, duction of advanced aviation and ma- One argument used by opponents of and vote on those matters. But our rine biofuels under the Defense Produc- the MOU is budget related. Given the staff works hard. We work with the tion Act. current budget restraints, the Depart- committees of jurisdiction, we work This joint memorandum of under- ment of Defense should not be spending with people we believe have any inter- standing requires substantial cost resources to help spur a commercially est in these amendments. We have per- sharing from private industry of at viable advanced biofuels industry. It is haps 50 or 100 amendments which we least a 1-to-1 match. The main objec- important to put in context the are looking at. tive of this memorandum of under- amount of money the Navy is spending We want to accommodate Senators. standing is to spur the construction or on this program. The $170 million dedi- We also want to accommodate poten- retrofit of commercial scale advanced cated to the MOU in one fiscal year tial opponents. We have done our best biofuel refineries. These facilities will represents .03 percent of the entire fis- to do both, sponsors and opponents. produce drop-in advanced biofuels cal year 2013 budget request of the De- But that is our plan for tonight and for meeting military specifications. They partment of Defense. Let me repeat tomorrow morning. We expect we will be located in geographically di- that. It is .03 percent. would then ask Senator HAGAN to be verse locations for ready market ac- This is not to dismiss concerns about recognized tonight to speak on an cess, and will have no significant im- our current budget situation. I too am

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7030 CONGRESSIONAL RECORD — SENATE November 28, 2012 deeply concerned about our country’s Mr. President, I yield the floor, and I matters. But even despite the fact that fiscal path, and I continue to advocate suggest the absence of a quorum. it matters, I have taken a hiatus, in for Congress to put politics aside and The PRESIDING OFFICER (Mr. fact, and announced to the Appropria- remake the tough choices necessary to BEGICH). The clerk will call the roll. tions Committee this year that I would ensure future generations are not bur- The legislative clerk proceeded to not be offering that amendment again. dened by unsustainable debt. However, read as follows. It is not that I have changed my as we tackle our budgetary challenges, Mr. MORAN. Mr. President, I ask mind about the value of engagement or we must not harm programs important unanimous consent the quorum call be the importance for Kansas and Amer- to our national and economic security. rescinded. ican farmers to be able to sell their This joint MOU is one such program. The PRESIDING OFFICER. Without commodities to Cuba, but it is a sin- What about the cost of advanced objection, it is so ordered. cere recognition on my part that the biofuels? In the past 2 years, the cost of Mr. MORAN. Mr. President, even in Cuban Government has a responsibility biofuels purchased for these 50–50 fuel this dysfunctional Senate, we as Mem- to cooperate with the United States on blends used in Navy training exercises bers, we as Senators have a unique op- an issue that many of us are concerned has dropped by over 50 percent. More- portunity to be advocates for those about, which is the unjust detention of over, the Navy has made clear that who need our help, and we need to pro- an American citizen, Alan Gross. they will not procure large quantities vide a voice for those who are in need. Nearly 3 years ago, December 3, 2009, of biofuels for operations until they are For years—a decade, really—I have Alan was arrested in Havana where he cost competitive with traditional fuels. been an advocate for allowing in- had been working as a U.S. Govern- The MOU is bringing the cost of creased engagement with Cuba. I have ment subcontractor that had a con- biofuels in line with petroleum, and been an advocate for Kansas and Amer- tract for USAID, an agency whose mis- now is not the time to stop the pro- ican farmers having the opportunity to sion is to help those in need. As a gram from reaching its goals. sell their agricultural commodities to USAID subcontractor, Alan had made As I mentioned earlier, diversifying Cuba. I have always believed that in- five trips to Cuba where he helped a our energy mix will also help protect creased engagement with Cuba is a bet- small, peaceful, nondissident Cuban our military from the costs associated ter way to bring about the changes Jewish community. He was arrested. with price spikes in oil. Sudden energy that we all desire for the Cuban people. He was detained without charges for 14 cost increases force DOD to reallocate Additionally, I thought that our pol- months. Later, he had a 2-day trial re- finite resources away from long-term icy toward Cuba was especially dam- sulting in a 15-year prison sentence for priorities. aging and created a significant dis- alleged ‘‘actions against the independ- Critics of the MOU often say if the advantage to Kansas farmers and their ence or territorial integrity of the government wants to promote ad- competition for markets around the State.’’ vanced biofuels, we have a Department globe, and it was ineffective because it Since his arrest, now a long time ago, of Energy. Of course, the Department was a unilateral embargo. The market his detention so long ago, Alan’s health of Energy has an important role to and demand for American commodities has deteriorated. He has lost more than play, but so does the Navy and the De- do exist off our coastline, and yet Con- 100 pounds and suffers from several de- partment of Agriculture. From my per- gress and administrations over the bilitating medical conditions. During spective, leveraging the unique capa- years have failed to make it possible his imprisonment, several members of bilities of each agency, in partnership for there to be much sale or much rela- his family have faced serious illness. with the private sector, exemplifies the tionship, commercial relationship, His daughter has been diagnosed with type of innovative approach needed to with the people of Cuba. breast cancer, and his 90-year-old solve our country’s most vexing prob- For more than a decade I have mother has been diagnosed with inop- lems. worked to open those Cuban markets Looking back in history, the Navy’s erable cancer. to American agriculture. In 2000 I of- In light of Alan’s continued deten- leadership on energy innovation is fered an amendment to the Treasury tion, deterioration of his health, and nothing new. It was the Navy that appropriations bill when I was in the the health problems experienced by his shifted from sail to steam in the mid- House of Representatives that removed family, 42 of my colleagues joined me dle of the 19th century, steam to oil in those trade sanctions on food, agri- and Senator CARDIN earlier this year the early 20th century, and pioneered culture, commodities, and medicine. It calling on the Cuban Government to nuclear power in the middle of the 20th paved the way for American farmers to century. At each of these transitions, release Alan on humanitarian grounds sell their crops to Cuba for the first there were those who questioned the and allow him to return to his family time in more than 40 years. need, challenged the cost, or simply op- in the United States. In recent news— The language of that amendment ul- posed change of any kind. in fact, just yesterday—I learned from I want to make clear that today’s de- timately became part of legislation a press report that Cuba planned to bate is not about oil versus biofuels. I called the Trade Sanctions Reform and make an announcement regarding Alan was very pleased with the recent Inter- Export Enhancement Act, TSRA. Over Gross. It fueled hope on the part of national Energy Agency report that the years, administrations have made many of us that the announcement projected that the United States would changes that have tightened the rules would be that he would be released. be the world’s top oil producer by 2020 under that legislation and made it, Sadly, unfortunately, today the an- and a net exporter of oil around 2030. again, difficult for our farmers to sell nouncement was nothing other than However, this does not mean we should agricultural commodities to Cuba. On their assessment, Cuban assessment, abandon efforts to diversify our energy multiple occasions I have fought to re- that Alan is in good health. supply. verse those decisions, those new rules I asked my staff and others who In 1913, on the eve of World War I, by administrations, to make it easier know me and know about this issue to Winston Churchill made a historic de- for us to sell those commodities. We say their prayers last night that the re- cision to shift the power source for the are not even talking about trade; we lease would occur. Once again, Cuba British Navy ships from coal to oil. are simply talking about the sale for has failed to do what is right and prop- This decision was not without con- cash of those commodities. er. It is unclear whether their claim troversy, but Churchill successfully ar- In fact, we went through this last that Alan Gross is in good health is gued that safety and certainty in oil year as I offered an amendment to an true. Certainly, many reports indicate lies in ‘‘variety and variety alone.’’ appropriations bill that was approved that is not the case. He has never been Although at the time Churchill was by the Appropriations Committee to examined by an independent medical talking about oil, his message is just as change those regulations. I say all that examiner, something that is required applicable to today’s debate about because I want to highlight how impor- by international law. biofuels. True energy security requires tant and how long term my interest in It is past time for Cuba to release energy diversity. this issue has been, but that is not the Alan and allow him to return to his I urge my colleagues at a later date— point of what I want to talk about to- family. Failure to do so makes any im- tomorrow—to support this amendment. night. I want to establish that this provement in the relationship between

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7031 our two countries so much more dif- many achievements of the city under prevented the U.S. Senate from doing ficult and highly unlikely. I think that Mayor Schaeffer. Before Mayor Schaef- its job. We are no longer the world’s would benefit the people of Cuba, but fer left city hall, he nominated Bailey greatest deliberative body. In fact, we their government continues to take an to serve as president of the Baltimore barely deliberate at all. unjust course. Alan should be released City school board. In that role, she For most of our history, the fili- and Cuba should do the right thing. Mr. helped parents navigate the school bu- buster was used very sparingly. But in Gross devoted his professional life to reaucracy, suggested workable solu- recent years, what was rare has become helping others through his work in tions for teachers, and brought a com- routine. The exception has become the international development. He and his monsense approach to the Baltimore norm. Everything is filibustered, every family have suffered more than most City school system. procedural step of the way, with para- could endure over the last 3 years. But Bailey’s knowledge and expertise lyzing effect. The Senate was meant to Continuing our efforts to bring Alan goes beyond how government works. cool the process, not send it into a deep home, next week, on December 3—the She has her pulse on Baltimore and on freeze. 3-year anniversary—Senator CARDIN Maryland. She knows the key players For some reason, ever since the and I will introduce a resolution call- in the city and the State, many of Democratic majority came into the ing for the immediate and uncondi- them on a personal level. For many upper Chamber in 2007, the Senates of tional release of Mr. Gross. I ask my years Bailey has been the go-to person the 110th, 111th, and current 112th Con- colleagues to join us in supporting this when people need to get things done. gress have witnessed the three highest resolution to help send the clear mes- Without a doubt, Bailey has been an totals of filibusters ever recorded. A re- sage to Cuba that even those of us who invaluable resource to my entire staff, cent report found the current Senate want a better relationship, even those to me, and to the people of Maryland. has ‘‘passed a record-low 2.8 percent of of us who have been willing to cast the But she is also a tireless advocate and bills introduced in that chamber, a 66 votes to increase that opportunity for a voice for families and individuals percent decrease from the last Repub- a relationship between the United who may not have had the under- lican majority in 2005–2006, and a 90 States and Cuba, want Alan Gross to standing or resources to access the percent decrease from the high in 1955– come home. It is my hope the Cuban services they need. Whether it is work- 1956.’’ Government will reverse course and ing with the mayor of Oakland when Our proposal to reform the rules is that Alan can finally come home to his spring floods threatened a dam near simple, it is limited, and it is fair. wife Judy and to their family. the town, getting housing and other Again, we are not ending the filibuster. I ask my colleagues to join me in services for a veteran, or working with We preserve the rights of the minority. that effort and perhaps, more impor- community groups to improve their We are only proposing that, No. 1, Sen- tantly, I ask Americans to join us in schools, Bailey is a relentless public ators should be required to go to the the prayer for Alan’s release. servant. There is also no denying that floor and actually tell the American I yield the floor. her energy and enthusiasm are people why they oppose a bill or nomi- f unstoppable and unsurpassed and that nee in order to maintain a filibuster; her retirement will leave a real void. and No. 2, motions to proceed to a bill TRIBUTE TO BAILEY FINE Through her efforts, so many people or to send a bill to conference should Mr. CARDIN. Mr. President, I rise have been connected to jobs, affordable be nondebatable. These are sensible today to recognize and give thanks to housing, quality health care, or gov- changes. Yet we are warned that these my State director, Bailey Fine, who is ernment benefits. So many of these simple reforms will transform the very retiring at the end of the 112th Con- people have benefited from her advo- character of the Senate, will leave the gress after 27 years of devoted service. cacy, their lives changed for the better, minority without a voice. These argu- There is great sadness but deep appre- and most of them will never know her ments are covers for continued abuse of ciation as I say goodbye to Bailey who, name. To me, that is the highest form the rules. in 1982, ran my reelection campaign to of public service. The reforms are modest—some would the Maryland House of Delegates; then I ask my Senate colleagues to recog- say too modest. But they would dis- served as my campaign aide during my nize the many contributions that Bai- courage the excessive use of filibusters. first congressional race in 1986; as my ley has made and the example she has The minority still has the right to fili- district director for 20 years; and, fi- set for public service. I also want to buster, but not the right to do so by nally, as my State director during my take this opportunity to thank Bai- simply making an announcement and first term in the Senate. ley’s family, her husband Stanley, and then going out to dinner or, more like- Over the years, Bailey has been a her children Michael and Laura, for ly, to a fundraiser. friend to my entire family, a trusted their support and understanding as Nevertheless, the other party insists confidant, a reliable sounding board for Bailey has worked to help others. we are attacking the rights of the mi- my legislative district and statewide Today is Bailey and Stanley’s 41st nority. But there seems to be another agendas. For more than three decades I wedding anniversary, and on December message, too, with a truly odd logic. have been truly fortunate to have her 8 Laura will be married. Please join me They say that if we make any reason- at my side, providing knowledgeable in wishing Bailey Fine a healthy and able changes in January, they may advice and a commonsense approach to happy retirement and well-deserved make radical ones in the future. In the many issues that face Members of time with her family. short, if we dare to reform any rule, the House and Senate. f they might throw out all of them when Bailey is a people person who under- they are in the majority. How this stands how our work in Washington af- REFORMING THE SENATE RULES comports with their stated concern for fects the everyday lives of Maryland- Mr. UDALL of New Mexico. Mr. the rights of the minority is unclear. ers, and she regularly reminds my staff President, I wish to talk about our ef- It is also being argued that we are and me of that fact. Bailey’s knowledge forts to change the Senate rules. There breaking the rules to change the rules. of Baltimore and of Maryland is unpar- has been a great deal of comment on This has been repeatedly charged by alleled. She grew up in Northern Vir- this subject lately. the minority leader. We disagree. We ginia but settled in Baltimore in 1970 I have listened with great interest to are reforming the rules to save the where she worked first for the Housing the arguments against these changes Senate. The status quo is abusing the Commissioner and later for the late by the other side. Let me just say at rules and debasing the Senate. It is a Mayor William Donald Schaeffer. the outset: Senators MERKLEY, HARKIN, choice between rules reform and rules During her years handling special and I are not talking about taking abuse. projects for the mayor, Bailey devel- away the rights of the minority. We History contradicts the minority oped a deep love for Baltimore City and are not abolishing the filibuster. leader as well. Members of the other a true understanding of how Baltimore But there must be change. The un- side have agreed with changing the works. Bailey became a creative genius precedented use and abuse of the fili- rules when they have been in the ma- at promoting and highlighting the buster and other procedural rules has jority. The RECORD is already chock

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No real con- said of himself that ‘‘never has the that a subsequent Congress could not amend sideration. clammy hand of consistency rested by majority vote, one Senate cannot enact a Under the abuse of the current rules, upon my shoulder.’’ He meant it too. rule that a subsequent Senate could not all it takes to filibuster is one Senator On one occasion, he introduced a bill, amend by majority vote.’’ picking up the phone, period. Doesn’t and he pushed very hard for it. Then, And Senator Orrin Hatch noted in have to even go on the floor and defend seeing the tide was turning, he led the 2005 that a it. Just a phone call by one Senator. fight against his own bill. A con- simple majority can invoke cloture and No muss. No fuss. No inconvenience. stituent sent him a telegram that read adopt a rules change it is clear that the Sen- Except for the American public. Except ‘‘I thank God for your courageous ate, at the beginning of a new Congress, can for a nation that expects and needs a stand.’’ And he replied, ‘‘Which one?’’ invoke cloture and amend its rules by simple government that works, a government majority. And so the question: how to change that actually works together and finds the rules? The Constitution is clear on As I said earlier, some on the other common ground. this point. The Senate rules reforms side of the aisle have drawn a false Maybe some of my colleagues believe can be accomplished by a simple ma- equivalency between the constitutional that the Senate is working as it should jority at the start of the new Congress option and the Republicans’ threatened that everything is fine. Well, Mr. Presi- in January. This is the ‘‘constitutional nuclear option of 2005. Yet this misses dent, we sophomores do not take that option,’’ not a ‘‘nuclear option.’’ That a crucial distinction. The nuclear op- view. It isn’t working. It needs to is something else, and I will speak to it tion sought to change Senate rules in change, and I know plenty of experi- in a moment. midsession. The constitutional option enced Senators agree. This has been a heated topic of de- follows Senate precedent and would The American people, of all political bate this week on the Senate floor, par- change the rules only at the start of persuasions, are clamoring for a gov- ticularly between the majority and mi- the new Congress. ernment that actually gets something nority leaders. I have followed the de- We don’t have to reform the rules done. The challenges are too great, the bate carefully, and I would like to ad- with only a majority vote in January. stakes are too high, for a government dress some of the distinguished minor- That is up to my colleagues on the of gridlock to continue. ity leader’s concerns. other side of the aisle. Each time the Earlier this week, Leader MCCONNELL filibuster rule has been amended in the f said the following: past, a bipartisan group of Senators This small group of primarily senate soph- was prepared to use the constitutional VOTE EXPLANATION omores is now proposing that when the Sen- option. But they didn’t have to. With ate gavels in at the beginning of the new the inevitability of a majority vote on Mr. BLUMENTHAL. Mr. President, I Congress, a bare majority of senators can the reforms looming, enough Members was unable to cast a vote yesterday on disregard the rule that says changes to the agreed on a compromise and passed the the motion to proceed to executive ses- Senate’s rules can only be approved on the sion for the consideration of treaty 112– same broad bipartisan basis we reserve for changes with two-thirds in favor. We could do that again in January. I 7, the Convention on the Rights of Per- approving treaties and overriding presi- sons with Disabilities. I spent most of dential vetoes, a supermajority-plus. know many of my Republican col- the day in Connecticut, touring the I am glad he framed our argument in leagues agree with me. The Senate is not working. I said 2 years ago that I State with FEMA’s Acting Adminis- this way. Why do treaties and veto trator to assess damage from Hurri- overrides require a supermajority vote? would push for the same reforms at the beginning of the next Congress—re- cane Sandy and Federal aid for the Because those requirements are en- State. I also joined Attorney General shrined in our Constitution. The Con- gardless of which party was in the ma- jority. If Leader MCCONNELL was going Holder, Governor Malloy, and others in stitution is very specific about when a New Haven to roll out a new statewide supermajority is needed and, just as to be the majority leader in January, I would ask him to work with me on im- initiative to combat violence in our clearly, when it isn’t. urban communities. Had I been Article I, section 5 of the U.S. Con- plementing these reforms. I will say again that the proposed present, I would have voted for the mo- stitution states: tion to proceed. Each House may determine the Rules of its changes will reform the abuse of the filibuster, not trample the legitimate Proceedings, punish its Members for dis- f orderly Behavior, and, with the Concurrence rights of the minority party. I am will- of two thirds, expel a Member. ing to live with all of the changes we TRIBUTE TO RAYMOND J. AHEARN When the Framers required a super- are proposing, whether I am in the ma- majority in the proceedings of Con- jority or minority. Mr. BAUCUS. Mr. President, on be- gress, they explicitly stated so in the The other side has suggested that a half of Senator HATCH and myself, we Constitution, as they did for expelling change in the rules is an affront to the wish to recognize the outstanding ca- a Member. On all other matters, such American public but the real affront reer of Mr. Raymond J. Ahearn, Spe- as determining the Chamber’s rules, a would be to allow the abuse of the fili- cialist in International Trade and Fi- majority requirement is clearly im- buster to continue. nance with the Foreign Affairs, De- plied. It has also been suggested that ‘‘the fense and Trade Division of the Con- The constitutional option has been campaign is over.’’ Well, this effort to gressional Research Service (CRS). Ray used numerous times since the cloture change the rules has something to do will retire on December 28, after more provision was adopted in 1917, the last with the results of the campaign. The than 37 years of distinguished govern- being in 1975 when it was the catalyst American people sent us a message. We ment service. for amending the filibuster rule to its have to change the way we do business. Mr. Ahearn began working as a trade current form. We have to govern and pay attention to and finance analyst at CRS in April In 1957, then-Vice President Richard jobs and the economy and the things 1975, soon after receiving his MA in Nixon noted while presiding in the Sen- that matter to American families. international affairs from the Johns ate, ‘‘[W]hile the rules of the Senate That was their message, and we would Hopkins School of Advanced Inter- have been continued from one Congress do well to listen to it. national Studies, SAIS. He later re- to another, the right of a current ma- As to the comment that some of the ceived his MA in economics from the jority of the Senate at the beginning of reformers are ‘‘sophomores,’’ true George Washington University and also a new Congress to adopt its own rules, enough. Senator MERKLEY and I are represented CRS at the National War stemming as it does from the Constitu- relatively new to this Chamber, but I College in Washington, DC, graduating tion itself, cannot be restricted or lim- don’t think the American people think in 1991.

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These issues ad- the complex relationship between the dressed core topics on U.S. trade pol- increased integration of the U.S. econ- OHIO UNIVERSITY POST icy, such as U.S. trade laws to open omy with the rest of the world and the CENTENNIAL markets for U.S. exporters, trade reor- decline in U.S. wages and worker secu- ganization, the debate over free trade rity, an issue faced by all Members of ∑ Mr. BROWN of Ohio. Mr. President, I versus trade protectionism, and the fu- Congress as they consider trade agree- rise to commemorate the centennial of ture of U.S. trade policy. He also fo- ments and other global economic the Post, an independent, student-run cused his authoritative and objective issues. newspaper at Ohio University in Ath- analysis on international financial We wish Mr. Ahearn the very best in ens, OH. issues, including the 2008 global finan- his retirement and thank him for his Finley Peter Dunne once noted that cial crisis and the Eurozone sovereign exemplary record of service to Con- ‘‘the newspaper . . . comforts the af- debt crisis. gress in directly supporting our work flicted, and afflicts the comfortable.’’ Mr. Ahearn is well known for his ex- on international trade and finance pol- Newspapers also connect concerned pertise and deep institutional knowl- icy issues. citizens with their elected officials by edge of the global trading system, par- f providing a venue for valuable discus- ticularly with respect to the World sion on issues that affect our lives and Trade Organization and related multi- ADDITIONAL STATEMENTS communities. It is no secret that a free lateral ‘‘rounds’’ of trade negotiations press is critical to strengthening and over the past 4 decades. More recently, REMEMBERING BOBBY PRICE preserving our democracy. he led important innovative research on rising economic powers and their ∑ Mrs. BOXER. Mr. President, today I For 100 years, students at Ohio Uni- trade policy implications for the ask my colleagues to join me in hon- versity have celebrated their first United States. As a policy issue of oring LT Bobby Price, who died this amendment rights by creating a news- growing congressional interest, his in- month in Chula Vista, CA. For many paper that informs residents, students, sightful analysis will continue to sup- years, I had the pleasure and honor of and business leaders in Athens County port Congress in understanding the working with this great champion of about vital news on campus, around transformative changes underway in America’s veterans. Ohio, and throughout the world. the global economy. In fact, just 2 months ago, despite his When students are encouraged to Mr. HATCH. Mr. President, I rise to grave illness, Bobby traveled to Wash- present structured, well-written views join with Senator BAUCUS in com- ington, DC as the representative of the in writing, they are given the oppor- mending Mr. Ahearn for his service. Veterans of Foreign Wars to meet with tunity to develop life-long skills that Over the years, Mr. Ahearn’s impres- me regarding veterans’ healthcare, will serve them as citizens—and lead- sive portfolio of work also examined homelessness, and job opportunities for ers—of our enduring American institu- major U.S. trading partner policies. our returning troops. As always, I was tions. impressed by Bobby’s knowledge and Early on in his career, for example, he Ohio University has produced many understanding of issues affecting our was a lead CRS expert on the U.S.- first-class journalists, including thir- veterans and by his passionate commit- Japan trade and economic relationship teen Pulitzer Prize winners and report- ment to work on their behalf. during heightened trade tensions be- ers and columnists whose bylines and During more than 24 years on active tween our two countries. From Sep- photographs appear in our Nation’s duty in the U.S. Navy, Bobby was tember 1993 to August 1994, he worked leading newspapers. I regularly witness known for his diligence and determina- for the Office of the U.S. Trade Rep- the fine reporting of several Post alum- tion to carry out any task. Later, he resentative, USTR, to serve as Director ni, including Columbus Dispatch senior brought this same zeal and persever- of Trade Strategy for Japan and China. editor Joe Hallett and Washington cor- ance to his work as an advocate for More recently, Ray became the ‘‘go to’’ respondent Jessica Wehrman, among veterans. CRS analyst on the U.S.-EU trade and others. economic relationship, writing reports No matter how hard Bobby worked, and confidential memoranda and con- he always made time for his family. As As the tools and resources of jour- sulting Congress on numerous topics, his wife, Julia, wrote, ‘‘Day after day nalism evolve, the Post continues to including on the EU’s preferential he showed me, our children and grand- respond to a changing world. Whether trade agreements and regulatory children how much he cared for us by students read the news on a handheld issues. giving his time, compassion and gen- device or hold newsprint in their Mr. Ahearn has been especially adept erous spirit.’’ hands, Ohio University students can at examining complex issues in inter- Bobby Price received many awards expect to hear from an independent national economics of immediate im- recognizing his remarkable dedication voice on campus and in Athens. portance to Congress and making his to veterans including the San Diego Throughout the next century, the analysis accessible to an audience that County Veteran of the Year award. He Post will undoubtedly continue to play approaches the issues with varying de- served as commander of all California a critical role in training student-jour- grees of understanding. This skill has Veterans of Foreign Wars posts and nalists to shape and inform Ohio Uni- played an especially critical role in was active in other veterans organiza- versity. As we mark this milestone, it successfully conveying to Congress the tions at the local, State, and national is my privilege to salute the students complex, multidimensional challenges level. At the time of his death, he was who work to keep this publication associated with globalization. For ex- president of the nonprofit Chula Vista alive while fully participating in our ample, in 2009, Mr. Ahearn wrote a CRS Veterans Home Support Foundation first amendment freedoms. As the report titled The Global Economic and had served on the charity’s board proud husband of a Pulitzer Prize-win- Downturn and Protectionism that ad- for 6 years. ning columnist, Connie Schultz, I have dressed the issue of the perceived and On behalf of the people of California, immense respect for journalists and real growth of trade restrictions by the who have benefitted so much from Bob- the role they play in the public sphere. United States and its trading partners by’s life and work, I send my deepest Improving our democracy starts with in response to the global economic cri- gratitude and condolences to his wife, papers like the Post, that are willing sis that emerged in 2008. In analyzing Julia; his sons, Paul Hoch, Russ Price, to cultivate America’s next generation the issue, he constructed an analytical Marcus Bush, and Adam Price; his of journalists.∑

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7034 CONGRESSIONAL RECORD — SENATE November 28, 2012 COMPLETION OF THE SERIES CUL- Chinese books to the University including an abundance of available clean drink- TURE AND CIVILIZATION OF the Culture & Civilization series. President ing water. However, even here, me- CHINA Hu also introduced the newly published Chi- chanical failures, natural disasters, nese Sculture to Yale faculty, staff and stu- and remoteness of location, can dimin- ∑ Mr. LIEBERMAN. Mr. President, I dents. wish to commemorate the completion The publishing effort was arduous and not ish the availability of this vital re- of the series, ‘‘Culture and Civilization without many differences and difficulties. It source. of China,’’ published jointly by Yale is a miracle that we published the volumes I rise today to recognize Hydro-Pho- University and China International in such a cooperative manner. How can one ton, located in Blue Hill, ME, a com- Publishing Group. Having been pub- forget the drama with our very first volume pany that has identified this problem lished since the early 1990s, the award on ‘‘Painting’’? The map of China caused and works diligently to supply innova- great review/discussion—back and forth for tive, accessible solutions. By har- winning series will be concluded this weeks—the borders, the provinces, the is- year with its final volume, ‘‘Chinese nessing and shrinking the ultraviolet— lands. There were other ‘‘to and froes’’ but, UV—technology used by many munic- Silks.’’ The series has brought together in the end we have had ‘‘a splendid and co- ipal water treatment plants, Hydro- leaders from both the United States operative result’’. Photon founder Miles Maiden created and China. Former President George H. There are so many to salute and thank for the SteriPEN which offers the same W. Bush and Secretary of State Henry their efforts starting with President Levin, safe, efficient water purification used Kissinger have each head consulting Vice President Linda Lorimer, former Yale by the treatment plants in a portable, committees. University Press Director John G. Ryden (the godfather of CCC), current YUP Director I congratulate everyone who worked personal device. John Donatich and, of course, all our col- The SteriPEN, originally patented in to make this series happen, in par- leagues at CIPG led by Vice Minister Cai 1999, was the first portable UV water ticular the Director of Yale University Mingzhao, President Zhou and the distin- purifier on the market. The product Press John Donatich, the President of guished and brilliant Editor Huang Youyi. kills viruses, bacteria, and protozoa by China International Publishing Group To the donors to CCC a special vote of ap- emitting UV light that is absorbed by Zhou Mingwei, and U.N. Under Sec- preciation and admiration for their gen- erosity. the microbes, preventing their repro- retary General Joseph V. Reed. duction. With this compact purifier, I ask that Under Secretary General CCC involved 435 specialists including 56 users are able to have safe drinking Reed’s remarks at a September 19, 2012, authors, 39 translators and 340 consultants. 348 Museums and research institutes from water anywhere. event to celebrate the completion of around the globe provided images, line-draw- A company conscious of the need to this series be printed in the RECORD. ings, photographs and maps. preserve and protect our natural beau- The remarks follow. I thank Julianne Griffin and Taiping ty and resources seems right at home REMARKS BY AMBASSADOR JOSEPH VERNER Chang Knecknes and Mary Pasti and Cynthia in my home State where we are blessed REED AT THE CELEBRATORY LUNCHEON FOR Forbes for their signal contributions. A spe- with serene mountains and foothills, THE CONCLUSION OF THE CHINESE CULTURE & cial salute to Charles Hill who first intro- CIVILIZATION PUBLISHING PROJECT WITH duced me to the Press for work on the CCC dense untouched wilderness, and a YALE UNIVERSITY PRESS AND THE CHINESE project and to James Watt of the Metropoli- shoreline both beautiful and bountiful. INTERNATIONAL PUBLISHING GROUP, SEP- tan Museum for superb counsel. Hydro-Photon is dedicated to the pres- TEMBER 19, 2012 All in all, CCC was a splendid effort. It has ervation and enjoyment of our natural We have come a long, long way with the truly contributed to the mutual under- splendors and with the clean water sup- great publishing project known as CCC . . . standing of the People’s Republic and the plied by their SteriPEN, they are mak- started in 1988 and completed with our final United States as well as having provided a ing it easier and safer for all to enjoy volume (our ninth) on ‘‘Silks’’ this autumn. platform for education for citizens from the great outdoors not only in Maine In President Levin’s words—‘‘CCC is the around the world. ‘‘Crown Jewel’’ of Yale University’’. but around the world. CCC is an historic publishing project. It is Not only useful to the active out- I have been very proud to have been associ- a gift for future generations. ated with the Press and CIPG on this his- Once again, a salute and vote of thanks to doorsmen, the SteriPEN finds use in a toric publishing adventure. one and all.∑ vast array of situations and locations. Our Honorary Chair President George H.W. One example is the recent hurricane Bush has declared: f Sandy that had devastating affects ‘‘I have been privileged to serve as Hon- RECOGNIZING THE HUDSON RIVER along the northeastern coast. Hydro- orary Chair for the Culture & Civilization of China project. The CCC project has had a SCHOOL Photon recognized the necessity of profound impact on international relations ∑ Mr. MENENDEZ. Mr. President, for clean water in such dire situations and between China and the United States in a half a century after its formation in selflessly stepped up to help, donating way that no other undertaking has accom- the 1820s, the Hudson River School was SteriPENs to those affected by the plished. The achievement of collaboration in the dominant movement in American storm in New York and New Jersey. the development of this superb series of For their inventiveness, dedication, art. Its 10 celebrated painters were in- beautiful volumes examining the cultural and compassion for supplying an ele- spired by the scenery of the Catskills and artistic heritage of China will serve as a ment so basic to human life, Hydro- Mountains and the Hudson Valley, model of cooperation for the future genera- Photon is truly a remarkable company. with its panoramic vistas and natural tions committed to building an enduring I am proud to extend my congratula- bond between our two great countries’’. landscapes. These artists helped create tions on their success and offer my best The Chair of the Advisory Council Dr. a conservation and environmental wishes for the future.∑ Henry A. Kissinger has called CCC—a ‘‘sem- movement whose legacy lives on today. inal work’’. f China has recognized the effort with be- The Hudson River School paintings stowing the highest Award—‘‘The Special helped inspire the development of the TRIBUTE TO KELSEY LUCKHURST Book Awards of China’’ to President Levin National Park Service.∑ ∑ Mr. THUNE. Mr. President, today I and yours truly in the Great Hall of the Peo- f wish to recognize Kelsey Luckhurst, an ple, by Madame Liu Yangdon, a member of intern in my Aberdeen, SD, office, for RECOGNIZING HYDRO-PHOTON, China’s Politburo and State Councilor. all of the hard work she has done for CCC has published nine volumes—several INC. me, my staff, and the State of South having been awarded distinguished honors ∑ the volume on painting {Three Thousand Ms. SNOWE. Mr. President, 70 per- Dakota over the past several months. Years of Chinese Painting} (1997) won The cent of the earth is covered by water. Kelsey is a native of Garden City, SD Hawkins Prize, the highest award in the pub- Of that, 98 percent can be found in our and a graduate of Clark High School. lishing industry. This volume was the State oceans, which makes it unusable for Currently, she is attending Northern Gift of the People’s Republic to the United drinking due to the salt content. Only State University, where she is pursuing States during President Jiang Zeming’s about 2 percent of the world’s water is degrees in history and political State Visit in 1997. President Jiang Zeming fresh and, once polar ice caps and gla- science. She is a very hard worker who gave a copy of this work and the volume on ciers are subtracted, it is a very small Chinese Architecture to President Bush for has been dedicated to getting the most the Bush Presidential Library in 2002. percentage that is available for human out of her internship experience. President Hu Jintao visited Yale Univer- consumption. Here in the United I would like to extend my sincere sity in 2006 and donated a large number of States we are blessed with, and rely on, thanks and appreciation to Kelsey for

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7035 all of the fine work she has done and MEASURES REFERRED port of a rule entitled ‘‘Federal Acquisition Regulation; Federal Acquisition Circular wish her continued success in the years The following bills were read the first to come.∑ 2005–62; Small Entity Compliance Guide’’ and the second times by unanimous (FAC2005–62) received in the Office of the f consent, and referred as indicated: President of the Senate on November 26, MESSAGE FROM THE HOUSE H.R. 5913. An act to create an independent 2012; to the Committee on Homeland Secu- advisory panel to comprehensively assess the rity and Governmental Affairs. At 2:48 p.m., a message from the management structure and capabilities re- EC–8184. A communication from the Senior House of Representatives, delivered by lated to the Department of Homeland Secu- Procurement Executive, Office of Acquisi- Mrs. Cole, one of its reading clerks, an- rity and make recommendations to improve tion Policy, General Services Administra- nounced that the House has passed the the efficiency and effectiveness of the man- tion, transmitting, pursuant to law, the re- following bills, in which it requests the agement of the Department; to the Com- port of a rule entitled ‘‘Federal Acquisition concurrence of the Senate: mittee on Homeland Security and Govern- Regulation; Federal Acquisition Circular 2005–62; Small Entity Compliance Guide’’ H.R. 5913. An act to create an independent mental Affairs. H.R. 5997. An act to amend the Homeland (FAC2005–62) received in the Office of the advisory panel to comprehensively assess the President of the Senate on November 26, management structure and capabilities re- Security Act of 2002 to codify authority under existing grant guidance authorizing 2012; to the Committee on Homeland Secu- lated to the Department of Homeland Secu- rity and Governmental Affairs. rity and make recommendations to improve use of Urban Area Security Initiative and State Homeland Security Grant Program EC–8185. A communication from the Direc- the efficiency and effectiveness of the man- tor, Office of Personnel Management, trans- agement of the Department. funding for enhancing medical preparedness, medical surge capacity, and mass prophy- mitting, pursuant to law, the report of a rule H.R. 5997. An act to amend the Homeland entitled ‘‘Federal Employees Health Benefits Security Act of 2002 to codify authority laxis capabilities; to the Committee on Homeland Security and Governmental Af- Program Coverage for Certain Intermittent under existing grant guidance authorizing Employees’’ (RIN3206–AM74) received in the use of Urban Area Security Initiative and fairs. H.R. 6025. An act to provide for annual re- Office of the President of the Senate on No- State Homeland Security Grant Program vember 26, 2012; to the Committee on Home- funding for enhancing medical preparedness, ports on the status of operational control of the international land and maritime borders land Security and Governmental Affairs. medical surge capacity, and mass prophy- EC–8186. A communication from the Senior laxis capabilities. of the United States and unlawful entries, and for other purposes; to the Committee on Counsel for Regulatory Affairs, Office of As- H.R. 6025. An act to provide for annual re- sistant Secretary for Management, Depart- ports on the status of operational control of Homeland Security and Governmental Af- fairs. ment of the Treasury, transmitting, pursu- the international land and maritime borders ant to law, the report of a rule entitled of the United States and unlawful entries, f ‘‘Federal Benefit Payments Under Certain and for other purposes. EXECUTIVE AND OTHER District of Columbia Retirement Plans’’ H.R. 6328. An act to amend title 49, United COMMUNICATIONS (RIN1505–AC02) received in the Office of the States Code, to direct the Assistant Sec- President of the Senate on November 26, retary of Homeland Security (Transpor- The following communications were 2012; to the Committee on Homeland Secu- tation Security Administration) to transfer laid before the Senate, together with rity and Governmental Affairs. unclaimed clothing recovered at airport se- accompanying papers, reports, and doc- EC–8187. A communication from the Direc- curity checkpoints to local veterans organi- uments, and were referred as indicated: tor of Management, U.S. Commission on zations and other local charitable organiza- Civil Rights, transmitting, pursuant to law, tions, and for other purposes. EC–8179. A communication from the Chief the Commission’s Performance and Account- Information Officer, National Aeronautics The message also announced that the ability Report for fiscal year 2012; to the and Space Administration, transmitting, Committee on Homeland Security and Gov- House agree to the amendment of the pursuant to law, the report of a rule entitled Senate to the bill (H.R. 915) to estab- ernmental Affairs. ‘‘Update of Existing Privacy Act—NASA EC–8188. A communication from the Sec- lish a Border Enforcement Security Regulations’’ (RIN2700–AD86) received in the retary of Labor, transmitting, pursuant to Task Force program to enhance border Office of the President of the Senate on No- law, the Department of Labor’s Annual Per- security by fostering coordinated ef- vember 26, 2012; to the Committee on Home- formance Report for Fiscal Year 2012 and the forts among Federal, State, and local land Security and Governmental Affairs. Summary of Performance and Financial In- border and law enforcement officials to EC–8180. A communication from the Senior formation for Fiscal Year 2012; to the Com- Procurement Executive, Office of Acquisi- mittee on Homeland Security and Govern- protect United States border cities and tion Policy, General Services Administra- communities from trans-national mental Affairs. tion, transmitting, pursuant to law, the re- EC–8189. A communication from the Chair- crime, including violence associated port of a rule entitled ‘‘Federal Acquisition man and Chief Executive Officer, Farm Cred- with drug trafficking, arms smuggling, Regulation; Updates to Contract Reporting it Administration, transmitting, pursuant to illegal alien trafficking and smuggling, and Central Contractor Registration’’ law, the Administration’s Semiannual Re- violence, and kidnapping along and (RIN9000–AL99) received in the Office of the port of the Inspector General and the Semi- across the international borders of the President of the Senate on November 26, annual Management Report on the Status of United States, and for other purposes. 2012; to the Committee on Homeland Secu- Audits for the period from April 1, 2012 rity and Governmental Affairs. through September 30, 2012; to the Com- ENROLLED BILLS SIGNED EC–8181. A communication from the Senior mittee on Homeland Security and Govern- The message further announced that Procurement Executive, Office of Acquisi- mental Affairs. the Speaker has signed the following tion Policy, General Services Administra- EC–8190. A communication from the Sec- enrolled bills: tion, transmitting, pursuant to law, the re- retary of Labor, transmitting, pursuant to H.R. 2453. An act to require the Secretary port of a rule entitled ‘‘Federal Acquisition law, the Pension Benefit Guaranty Corpora- of the Treasury to mint coins in commemo- Regulation; Interagency Acquisitions: Com- tion’s Office of Inspector General and the Di- ration of Mark Twain. pliance by Nondefense Agencies with Defense rector’s Semiannual Report to Congress on H.R. 6063. An act to amend title 18, United Procurement Requirements’’ (RIN9000–AM36) Management Decisions and Final Actions on States Code, with respect to child pornog- received in the Office of the President of the Office of Inspector General Audit Rec- raphy and child exploitation offenses. Senate on November 26, 2012; to the Com- ommendations for the periods from April 1, H.R. 6118. An act to amend section 353 of mittee on Homeland Security and Govern- 2011 through September 30, 2011 and October the Public Health Service Act with respect mental Affairs. 1, 2012 through March 31, 2012; to the Com- to suspension, revocation, and limitation of EC–8182. A communication from the Senior mittee on Homeland Security and Govern- laboratory certification. Procurement Executive, Office of Acquisi- mental Affairs. H.R. 6131. An act to extend the Under- tion Policy, General Services Administra- EC–8191. A communication from the Chair- taking Spam, Spyware, And Fraud Enforce- tion, transmitting, pursuant to law, the re- man of the Railroad Retirement Board, ment With Enforcers beyond Borders Act of port of a rule entitled ‘‘Federal Acquisition transmitting, pursuant to law, the Semi- 2006, and for other purposes. Regulation; Federal Acquisition Circular annual Report of the Inspector General for H.R. 6570. An act to amend the American 2005–62; Small Entity Compliance Guide’’ the period from April 1, 2012 through Sep- Recovery and Reinvestment Act of 2009 and (FAC2005–62) received in the Office of the tember 30, 2012; to the Committee on Home- the Emergency Economic Stabilization Act President of the Senate on November 26, land Security and Governmental Affairs. of 2008 to consolidate certain CBO reporting 2012; to the Committee on Homeland Secu- EC–8192. A communication from the Direc- requirements. rity and Governmental Affairs. tor, Congressional Affairs, Federal Election EC–8183. A communication from the Senior Commission, transmitting, pursuant to law, The enrolled bills were subsequently Procurement Executive, Office of Acquisi- a report entitled ‘‘Federal Election Commis- signed by the President pro tempore tion Policy, General Services Administra- sion Fiscal Year 2012 Performance and Ac- (Mr. INOUYE). tion, transmitting, pursuant to law, the re- countability Report’’; to the Committee on

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A communication from the Senior ards, Small Business Administration, trans- law, the report of a rule entitled ‘‘Rescission Program Analyst, Federal Aviation Adminis- mitting, pursuant to law, the report of a rule of 10-Day Agency Discretionary Period in As- tration, Department of Transportation, entitled ‘‘Small Business Size Standards: signing Unsatisfactory Safety Ratings’’ transmitting, pursuant to law, the report of Adoption of 2012 North American Industry (RIN2126–AB55) received during adjournment a rule entitled ‘‘Airworthiness Directives; Classification System for Size Standards’’ of the Senate in the Office of the President Honeywell International Inc. Turbofan En- (RIN3245–AG47) received in the Office of the of the Senate on November 5, 2012; to the gines’’ ((RIN2120–AA64) (Docket No. FAA– President of the Senate on November 26, Committee on Commerce, Science, and 2011–1045)) received during adjournment of 2012; to the Committee on Small Business Transportation. the Senate in the Office of the President of and Entrepreneurship. EC–8202. A communication from the Senior the Senate on November 5, 2012; to the Com- EC–8194. A communication from the Dep- Program Analyst, Federal Aviation Adminis- mittee on Commerce, Science, and Transpor- uty General Counsel, Office of Size Stand- tration, Department of Transportation, tation. ards, Small Business Administration, trans- transmitting, pursuant to law, the report of EC–8210. A communication from the Senior mitting, pursuant to law, the report of a rule a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- entitled ‘‘Small Business Size Standards: The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, Health Care and Social Assistance’’ AA64) (Docket No. FAA–2011–1065)) received transmitting, pursuant to law, the report of (RIN3245–AG30) received in the Office of the during adjournment of the Senate in the Of- a rule entitled ‘‘Airworthiness Directives; President of the Senate on November 26, fice of the President of the Senate on No- Costruzioni Aeronautiche Tecnam srl Air- 2012; to the Committee on Small Business vember 5, 2012; to the Committee on Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– and Entrepreneurship. merce, Science, and Transportation. 2011–0816)) received during adjournment of EC–8195. A communication from the Dep- EC–8203. A communication from the Senior the Senate in the Office of the President of uty General Counsel, Office of Size Stand- Program Analyst, Federal Aviation Adminis- the Senate on November 5, 2012; to the Com- ards, Small Business Administration, trans- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the report of tation. entitled ‘‘Small Business Size Standards: a rule entitled ‘‘Airworthiness Directives; EC–8211. A communication from the Senior Real Estate and Rental and Leasing’’ Eurocopter France Helicopters’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- (RIN3245–AG28) received in the Office of the AA64) (Docket No. FAA–2011–1408)) received tration, Department of Transportation, President of the Senate on November 26, during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of 2012; to the Committee on Small Business fice of the President of the Senate on No- a rule entitled ‘‘Airworthiness Directives; and Entrepreneurship. vember 5, 2012; to the Committee on Com- The Boeing Company Airplanes’’ ((RIN2120– EC–8196. A communication from the Dep- merce, Science, and Transportation. AA64) (Docket No. FAA–2011–1250)) received uty General Counsel, Office of Size Stand- EC–8204. A communication from the Senior during adjournment of the Senate in the Of- ards, Small Business Administration, trans- Program Analyst, Federal Aviation Adminis- fice of the President of the Senate on No- mitting, pursuant to law, the report of a rule tration, Department of Transportation, vember 5, 2012; to the Committee on Com- entitled ‘‘Small Business Size Standards: transmitting, pursuant to law, the report of merce, Science, and Transportation. Educational Services’’ (RIN3245–AG29) re- a rule entitled ‘‘Airworthiness Directives; EC–8212. A communication from the Senior ceived in the Office of the President of the Honeywell International Inc. Turbofan En- Program Analyst, Federal Aviation Adminis- Senate on November 26, 2012; to the Com- gines’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, mittee on Small Business and Entrepreneur- 2011–0945)) received during adjournment of transmitting, pursuant to law, the report of ship. EC–8197. A communication from the Direc- the Senate in the Office of the President of a rule entitled ‘‘Airworthiness Directives; tor of the Regulation Policy and Manage- the Senate on November 5, 2012; to the Com- The Boeing Company Airplanes’’ ((RIN2120– ment Office of the General Counsel, Veterans mittee on Commerce, Science, and Transpor- AA64) (Docket No. FAA–2012–0645)) received Health Administration, Department of Vet- tation. during adjournment of the Senate in the Of- erans Affairs, transmitting, pursuant to law, EC–8205. A communication from the Senior fice of the President of the Senate on No- the report of a rule entitled Program Analyst, Federal Aviation Adminis- vember 5, 2012; to the Committee on Com- ‘‘Servicemembers’ Group Life Insurance— tration, Department of Transportation, merce, Science, and Transportation. Stillborn Child Coverage’’ (RIN2900–AO30) re- transmitting, pursuant to law, the report of EC–8213. A communication from the Senior ceived in the Office of the President of the a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- Senate on November 26, 2012; to the Com- Rolls-Royce plc Turbofan Engines’’ tration, Department of Transportation, mittee on Veterans’ Affairs. ((RIN2120–AA64) (Docket No. FAA–2012–0848)) transmitting, pursuant to law, the report of EC–8198. A communication from the Direc- received during adjournment of the Senate a rule entitled ‘‘Airworthiness Directives; tor of the Regulation Policy and Manage- in the Office of the President of the Senate Bombardier, Inc. Airplanes’’ ((RIN2120–AA64) ment Office of the General Counsel, Veterans on November 5, 2012; to the Committee on (Docket No. FAA–2012–0142)) received during Health Administration, Department of Vet- Commerce, Science, and Transportation. adjournment of the Senate in the Office of erans Affairs, transmitting, pursuant to law, EC–8206. A communication from the Senior the President of the Senate on November 5, the report of a rule entitled ‘‘VA Acquisition Program Analyst, Federal Aviation Adminis- 2012; to the Committee on Commerce, Regulation: Electronic Submission of Pay- tration, Department of Transportation, Science, and Transportation. ment Request’’ (RIN2900–AN97) received in transmitting, pursuant to law, the report of EC–8214. A communication from the Senior the Office of the President of the Senate on a rule entitled ‘‘Airworthiness Directives; Program Analyst, Federal Aviation Adminis- November 26, 2012; to the Committee on Vet- The Boeing Company Airplanes’’ ((RIN2120– tration, Department of Transportation, erans’ Affairs. AA64) (Docket No. FAA–2012–0327)) received transmitting, pursuant to law, the report of EC–8199. A communication from the Direc- during adjournment of the Senate in the Of- a rule entitled ‘‘Airworthiness Directives; tor of the Regulation Policy and Manage- fice of the President of the Senate on No- Pratt and Whitney Division Turbofan En- ment Office of the General Counsel, Veterans vember 5, 2012; to the Committee on Com- gines’’ ((RIN2120–AA64) (Docket No. FAA– Health Administration, Department of Vet- merce, Science, and Transportation. 2012–0228)) received during adjournment of erans Affairs, transmitting, pursuant to law, EC–8207. A communication from the Senior the Senate in the Office of the President of the report of a rule entitled ‘‘Rules Gov- Program Analyst, Federal Aviation Adminis- the Senate on November 5, 2012; to the Com- erning Hearings Before the Agency of Origi- tration, Department of Transportation, mittee on Commerce, Science, and Transpor- nal Jurisdiction and the Board of Veterans’ transmitting, pursuant to law, the report of tation. Appeals; Repeal of Prior Rule Change’’ a rule entitled ‘‘Airworthiness Directives; EC–8215. A communication from the Senior (RIN2900–AO43) received in the Office of the BAE SYSTEMS (Operations) Limited Air- Program Analyst, Federal Aviation Adminis- President of the Senate on November 26, planes’’ ((RIN2120–AA64) (Docket No. FAA– tration, Department of Transportation, 2012; to the Committee on Veterans’ Affairs. 2012–0489)) received during adjournment of transmitting, pursuant to law, the report of EC–8200. A communication from the Assist- the Senate in the Office of the President of a rule entitled ‘‘Airworthiness Directives; ant Chief Counsel for Hazardous Materials the Senate on November 5, 2012; to the Com- Pratt and Whitney Division Turbofan En- Safety, Pipeline and Hazardous Materials mittee on Commerce, Science, and Transpor- gines’’ ((RIN2120–AA64) (Docket No. FAA– Safety Administration, Department of tation. 2012–0079)) received during adjournment of Transportation, transmitting, pursuant to EC–8208. A communication from the Senior the Senate in the Office of the President of law, the report of a rule entitled ‘‘Hazardous Program Analyst, Federal Aviation Adminis- the Senate on November 5, 2012; to the Com- Materials: Minor Editorial Corrections and tration, Department of Transportation, mittee on Commerce, Science, and Transpor- Clarifications (RRR)’’ (RIN2137–AE90) re- transmitting, pursuant to law, the report of tation. ceived during adjournment of the Senate in a rule entitled ‘‘Airworthiness Directives; EC–8216. A communication from the Senior the Office of the President of the Senate on Eurocopter France Helicopters’’ ((RIN2120– Program Analyst, Federal Aviation Adminis- November 5, 2012; to the Committee on Com- AA64) (Docket No. FAA–2012–0222)) received tration, Department of Transportation, merce, Science, and Transportation. during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7037 a rule entitled ‘‘Airworthiness Directives; tration, Department of Transportation, EC–8233. A communication from the Direc- Rolls-Royce plc Turbofan Engines’’ transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- ((RIN2120–AA64) (Docket No. FAA–2010–0821)) a rule entitled ‘‘Standard Instrument Ap- ment of Commerce, transmitting, pursuant received during adjournment of the Senate proach Procedures; Miscellaneous Amend- to law, the report of a rule entitled ‘‘Magnu- in the Office of the President of the Senate ments (18); Amdt. No. 3500’’ (RIN2120–AA65) son-Stevens Fishery Conservation and Man- on November 5, 2012; to the Committee on received during adjournment of the Senate agement Act Provisions; Fisheries of the Commerce, Science, and Transportation. in the Office of the President of the Senate Northeastern United States; Northeast EC–8217. A communication from the Senior on November 5, 2012; to the Committee on Multispecies Fishery; Interim Action; Rule Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. Extension’’ (RIN0648–BB89) received in the tration, Department of Transportation, EC–8225. A communication from the Senior Office of the President of the Senate on No- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- vember 26, 2012; to the Committee on Com- a rule entitled ‘‘Use of Portable Oxygen Con- tration, Department of Transportation, merce, Science, and Transportation. centrators on Board Aircraft’’ ((RIN2120– transmitting, pursuant to law, the report of EC–8234. A communication from the Direc- AK18) (Docket No. FAA–2012–0928)) received a rule entitled ‘‘Standard Instrument Ap- tor, Office of Sustainable Fisheries, Depart- during adjournment of the Senate in the Of- proach Procedures; Miscellaneous Amend- ment of Commerce, transmitting, pursuant fice of the President of the Senate on No- ments (123); Amdt. No. 3499’’ (RIN2120–AA65) to law, the report of a rule entitled ‘‘Snap- vember 5, 2012; to the Committee on Com- received during adjournment of the Senate per-Grouper Fishery Off the Southern Atlan- merce, Science, and Transportation. in the Office of the President of the Senate tic States; Snapper-Grouper Management EC–8218. A communication from the Senior on November 5, 2012; to the Committee on Measures’’ (RIN0648–BC03) received in the Of- Program Analyst, Federal Aviation Adminis- Commerce, Science, and Transportation. fice of the President of the Senate on No- tration, Department of Transportation, EC–8226. A communication from the Senior vember 26, 2012; to the Committee on Com- transmitting, pursuant to law, the report of Program Analyst, Federal Aviation Adminis- merce, Science, and Transportation. a rule entitled ‘‘Amendment of Class D and tration, Department of Transportation, EC–8235. A communication from the Direc- Class E Airspace; Lakehurst, NJ; Correc- transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- tion’’ ((RIN2120–AA66) (Docket No. FAA– a rule entitled ‘‘Standard Instrument Ap- ment of Commerce, transmitting, pursuant 2012–0456)) received during adjournment of proach Procedures; Miscellaneous Amend- to law, the report of a rule entitled ‘‘Western the Senate in the Office of the President of ments (18); Amdt. No. 3498’’ (RIN2120–AA65) Pacific Pelagic Fisheries; Revised Limits on the Senate on November 5, 2012; to the Com- received during adjournment of the Senate Sea Turtle Interactions in the Hawaii Shal- mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate low-set Longline Fishery’’ (RIN0648–BB84) re- tation. on November 5, 2012; to the Committee on ceived in the Office of the President of the EC–8219. A communication from the Senior Commerce, Science, and Transportation. Senate on November 26, 2012; to the Com- Program Analyst, Federal Aviation Adminis- EC–8227. A communication from the Senior mittee on Commerce, Science, and Transpor- tration, Department of Transportation, Program Analyst, Federal Aviation Adminis- tation. transmitting, pursuant to law, the report of tration, Department of Transportation, EC–8236. A communication from the Direc- a rule entitled ‘‘Amendment of Class E Air- transmitting, pursuant to law, the report of tor, Office of Sustainable Fisheries, Depart- space; Boise, ID’’ ((RIN2120–AA66) (Docket a rule entitled ‘‘Standard Instrument Ap- ment of Commerce, transmitting, pursuant No. FAA–2011–1181)) received during adjourn- proach Procedures; Miscellaneous Amend- to law, the report of a rule entitled ‘‘Fish- ment of the Senate in the Office of the Presi- ments; Amdt. No. 3497’’ (RIN2120–AA65) re- eries of the Exclusive Economic Zone Off dent of the Senate on November 5, 2012; to ceived during adjournment of the Senate in Alaska; Monitoring and Enforcement Re- the Office of the President of the Senate on the Committee on Commerce, Science, and quirements in the Bering Sea and Aleutian November 5, 2012; to the Committee on Com- Transportation. Islands Freezer Longline Fleet’’ (RIN0648– EC–8220. A communication from the Senior merce, Science, and Transportation. BB67) received in the Office of the President EC–8228. A communication from the Dep- Program Analyst, Federal Aviation Adminis- of the Senate on November 26, 2012; to the uty Chief Financial Officer and Director for tration, Department of Transportation, Committee on Commerce, Science, and Financial Management, Office of the Sec- transmitting, pursuant to law, the report of retary, Department of Commerce, transmit- Transportation. a rule entitled ‘‘Amendment of Class E Air- EC–8237. A communication from the Acting ting, pursuant to law, the report of a rule en- space; Kerrville, TX’’ ((RIN2120–AA66) (Dock- Deputy Director, Office of Sustainable Fish- titled ‘‘Civil Monetary Penalties; Adjust- et No. FAA–2011–1399)) received during ad- eries, Department of Commerce, transmit- ment for Inflation’’ (RIN0605–AA31) received journment of the Senate in the Office of the ting, pursuant to law, the report of a rule en- in the Office of the President of the Senate titled ‘‘Fisheries of the Exclusive Economic President of the Senate on November 5, 2012; on November 26, 2011; to the Committee on Zone Off Alaska; Pollock in the Herring Sav- to the Committee on Commerce, Science, Commerce, Science, and Transportation. and Transportation. EC–8229. A communication from the Sec- ings Areas of the Bering Sea and Aleutian Is- EC–8221. A communication from the Senior retary of the Federal Trade Commission, lands Management Area’’ (RIN0648–XC277) Program Analyst, Federal Aviation Adminis- transmitting, pursuant to law, the Commis- received in the Office of the President of the tration, Department of Transportation, sion’s eighth annual report on ethanol mar- Senate on November 26, 2012; to the Com- transmitting, pursuant to law, the report of ket concentration; to the Committee on mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Establishment of Class E Commerce, Science, and Transportation. tation. Airspace; Fort Garland, CO’’ ((RIN2120–AA66) EC–8230. A communication from the Assist- EC–8238. A communication from the Acting (Docket No. FAA–2012–0617)) received during ant General Counsel for Regulatory Affairs, Deputy Director, Office of Sustainable Fish- adjournment of the Senate in the Office of Consumer Product Safety Commission, eries, Department of Commerce, transmit- the President of the Senate on November 5, transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- 2012; to the Committee on Commerce, a rule entitled ‘‘Safety Standard for Infant titled ‘‘Fraser River Sockeye Salmon Fish- Science, and Transportation. Swings’’ (RIN3041–AC90) received in the Of- eries; Inseason Orders’’ (RIN0648–XC222) re- EC–8222. A communication from the Senior fice of the President of the Senate on No- ceived in the Office of the President of the Program Analyst, Federal Aviation Adminis- vember 26, 2012; to the Committee on Com- Senate on November 26, 2012; to the Com- tration, Department of Transportation, merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–8231. A communication from the Direc- tation. a rule entitled ‘‘Establishment of Class E tor, Office of Sustainable Fisheries, Depart- EC–8239. A communication from the Acting Airspace; Circle Town, MT’’ ((RIN2120–AA66) ment of Commerce, transmitting, pursuant Deputy Director, Office of Sustainable Fish- (Docket No. FAA–2012–0539)) received during to law, the report of a rule entitled ‘‘Fish- eries, Department of Commerce, transmit- adjournment of the Senate in the Office of eries Off West Coast States; West Coast ting, pursuant to law, the report of a rule en- the President of the Senate on November 5, Salmon Fisheries; Announcing OMB Ap- titled ‘‘Fisheries of the Exclusive Economic 2012; to the Committee on Commerce, proval of Information Collection’’ (RIN0648– Zone Off Alaska; Pollock in Statistical Area Science, and Transportation. BC29) received in the Office of the President 610 in the Gulf of Alaska’’ (RIN0648–XC295) EC–8223. A communication from the Senior of the Senate on November 26, 2012; to the received in the Office of the President of the Program Analyst, Federal Aviation Adminis- Committee on Commerce, Science, and Senate on November 26, 2012; to the Com- tration, Department of Transportation, Transportation. mittee on Commerce, Science, and Transpor- transmitting, pursuant to law, the report of EC–8232. A communication from the Direc- tation. a rule entitled ‘‘Modification of Area Naviga- tor, Office of Sustainable Fisheries, Depart- EC–8240. A communication from the Acting tion (RNAV) Route Q–62; Northeast United ment of Commerce, transmitting, pursuant Deputy Director, Office of Sustainable Fish- States’’ ((RIN2120–AA66) (Docket No. FAA– to law, the report of a rule entitled ‘‘Atlan- eries, Department of Commerce, transmit- 2011–1407)) received during adjournment of tic Highly Migratory Species; 2006 Consoli- ting, pursuant to law, the report of a rule en- the Senate in the Office of the President of dated Highly Migratory Species Fishery titled ‘‘Fisheries of the Exclusive Economic the Senate on November 5, 2012; to the Com- Management Plan; Amendment 4’’ (RIN0648– Zone Off Alaska; ‘Other Rockfish’ in the mittee on Commerce, Science, and Transpor- AW83) received in the Office of the President Aleutian Islands Subarea of the Bering Sea tation. of the Senate on November 26, 2012; to the and Aleutian Islands Management Area’’ EC–8224. A communication from the Senior Committee on Commerce, Science, and (RIN0648–XC312) received in the Office of the Program Analyst, Federal Aviation Adminis- Transportation. President of the Senate on November 26,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7038 CONGRESSIONAL RECORD — SENATE November 28, 2012 2012; to the Committee on Commerce, EC–8249. A communication from the Senior AA09) (Docket No. USCG–2012–0193)) received Science, and Transportation. Program Analyst, Federal Aviation Adminis- during adjournment of the Senate in the Of- EC–8241. A communication from the Acting tration, Department of Transportation, fice of the President of the Senate on Sep- Deputy Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of tember 26, 2012; to the Committee on Com- eries, Department of Commerce, transmit- a rule entitled ‘‘Amendment of Class E Air- merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- space; Lemmon, SD’’ ((RIN2120–AA66) (Dock- EC–8257. A communication from the Attor- titled ‘‘Fisheries of the Exclusive Economic et No. FAA–2012–0391)) received during ad- ney-Advisor, U.S. Coast Guard, Department Zone Off Alaska; Pollock in Statistical Area journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- 610 in the Gulf of Alaska’’ (RIN0648–XC301) President of the Senate on September 27, ant to law, the report of a rule entitled received in the Office of the President of the 2012; to the Committee on Commerce, ‘‘Safety Zone; Upper Mississippi River, Mile Senate on November 26, 2012; to the Com- Science, and Transportation. 389.4 to 403.1’’ ((RIN1625–AA00) (Docket No. mittee on Commerce, Science, and Transpor- EC–8250. A communication from the Senior USCG–2011–1087)) received during adjourn- tation. Program Analyst, Federal Aviation Adminis- ment of the Senate in the Office of the Presi- EC–8242. A communication from the Acting tration, Department of Transportation, dent of the Senate on August 6, 2012; to the Deputy Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of Committee on Commerce, Science, and eries, Department of Commerce, transmit- a rule entitled ‘‘Amendment of Class E Air- Transportation. ting, pursuant to law, the report of a rule en- space; Tullahoma, TN’’ ((RIN2120–AA66) EC–8258. A communication from the Attor- titled ‘‘Magnuson-Stevens Act Provisions; (Docket No. FAA–2011–1367)) received during ney-Advisor, U.S. Coast Guard, Department Fisheries Off the West Coast States; Pacific adjournment of the Senate in the Office of of Homeland Security, transmitting, pursu- Coast Groundfish Fishery; Pacific Coast the President of the Senate on September 27, ant to law, the report of a rule entitled Groundfish Fishery; Pacific Whiting and 2012; to the Committee on Commerce, ‘‘Safety Zone; Port Huron Float-Down, St. Non-Whiting Allocations; Pacific Whiting Science, and Transportation. Clair River, Port Huron, MI’’ ((RIN1625– Seasons’’ (RIN0648–XC302) received in the Of- EC–8251. A communication from the Senior AA00) (Docket No. USCG–2012–0771)) received fice of the President of the Senate on No- Program Analyst, Federal Aviation Adminis- during adjournment of the Senate in the Of- vember 26, 2012; to the Committee on Com- tration, Department of Transportation, fice of the President of the Senate on Sep- merce, Science, and Transportation. transmitting, pursuant to law, the report of tember 26, 2012; to the Committee on Com- EC–8243. A communication from the Acting a rule entitled ‘‘Amendment of Class E Air- merce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- space; Montgomery, AL’’ ((RIN2120–AA66) EC–8259. A communication from the Attor- eries, Department of Commerce, transmit- (Docket No. FAA–2012–0411)) received during ney-Advisor, U.S. Coast Guard, Department ting, pursuant to law, the report of a rule en- adjournment of the Senate in the Office of of Homeland Security, transmitting, pursu- titled ‘‘Fisheries Off West Coast States; the President of the Senate on September 27, ant to law, the report of a rule entitled Modifications of the West Coast Commercial 2012; to the Committee on Commerce, ‘‘Safety Zone; Liberty Freedom Swims, Lib- and Recreational Salmon Fisheries; Inseason Science, and Transportation. erty Island, Upper Bay and Hudson River, Actions No. 22 through No. 26’’ (RIN0648– EC–8252. A communication from the Senior NY’’ ((RIN1625–AA00) (Docket No. USCG– XC282) received in the Office of the President Program Analyst, Federal Aviation Adminis- 2012–0717)) received during adjournment of of the Senate on November 26, 2012; to the tration, Department of Transportation, the Senate in the Office of the President of Committee on Commerce, Science, and transmitting, pursuant to law, the report of the Senate on September 26, 2012; to the Transportation. a rule entitled ‘‘Amendment of Class E Air- Committee on Commerce, Science, and EC–8244. A communication from the Sec- space; Colorado Springs, CO’’ ((RIN2120– Transportation. retary of Transportation, transmitting, pur- EC–8260. A communication from the Attor- AA66) (Docket No. FAA–2011–1191)) received suant to law, a report relative to the award- ney-Advisor, U.S. Coast Guard, Department during adjournment of the Senate in the Of- ing of funding made available by the Amer- of Homeland Security, transmitting, pursu- fice of the President of the Senate on Sep- ican Recovery and Reinvestment Act of 2009; ant to law, the report of a rule entitled tember 27, 2012; to the Committee on Com- to the Committee on Commerce, Science, ‘‘Safety Zone; America’s Cup World Series merce, Science, and Transportation. and Transportation. Regattas, San Francisco Bay, San Francisco, EC–8253. A communication from the Attor- EC–8245. A communication from the Senior CA’’ ((RIN1625–AA00) (Docket No. USCG– ney-Advisor, U.S. Coast Guard, Department Program Analyst, Federal Aviation Adminis- 2012–0736)) received during adjournment of of Homeland Security, transmitting, pursu- tration, Department of Transportation, the Senate in the Office of the President of ant to law, the report of a rule entitled ‘‘Se- transmitting, pursuant to law, the report of the Senate on September 26, 2012; to the curity Zones; 2012 RNC Bridge Security a rule entitled ‘‘Standard Instrument Ap- Committee on Commerce, Science, and Zones, Captain of the Port St. Petersburg proach Procedures; Miscellaneous Amend- Transportation. ments (6); Amdt. No. 3493’’ (RIN2120–AA65) Zone, Tampa, FL’’ ((RIN1625–AA87) (Docket EC–8261. A communication from the Attor- received during adjournment of the Senate No. USCG–2012–0707)) received during ad- ney-Advisor, U.S. Coast Guard, Department in the Office of the President of the Senate journment of the Senate in the Office of the of Homeland Security, transmitting, pursu- on October 2, 2012; to the Committee on Com- President of the Senate on September 26, ant to law, the report of a rule entitled merce, Science, and Transportation. 2012; to the Committee on Commerce, ‘‘Safety Zone; Head of the Cuyahoga, U.S. EC–8246. A communication from the Senior Science, and Transportation. Rowing Masters Head Race National Cham- Program Analyst, Federal Aviation Adminis- EC–8254. A communication from the Attor- pionship, and Dragon Boat Festival, Cuya- tration, Department of Transportation, ney-Advisor, U.S. Coast Guard, Department hoga River, Cleveland, OH’’ ((RIN1625–AA00) transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- (Docket No. USCG–2012–0569)) received dur- a rule entitled ‘‘Standard Instrument Ap- ant to law, the report of a rule entitled ‘‘Se- ing adjournment of the Senate in the Office proach Procedures; Miscellaneous Amend- curity Zones; Certain Dangerous Cargo Ves- of the President of the Senate on September ments (99); Amdt. No. 3492’’ (RIN2120–AA65) sels, Tampa, FL’’ ((RIN1625–AA87) (Docket 26, 2012; to the Committee on Commerce, received during adjournment of the Senate No. USCG–2012–0712)) received during ad- Science, and Transportation. in the Office of the President of the Senate journment of the Senate in the Office of the EC–8262. A communication from the Attor- on September 27, 2012; to the Committee on President of the Senate on September 26, ney-Advisor, U.S. Coast Guard, Department Commerce, Science, and Transportation. 2012; to the Committee on Commerce, of Homeland Security, transmitting, pursu- EC–8247. A communication from the Senior Science, and Transportation. ant to law, the report of a rule entitled Program Analyst, Federal Aviation Adminis- EC–8255. A communication from the Attor- ‘‘Safety Zone; TriRock San Diego, San Diego tration, Department of Transportation, ney-Advisor, U.S. Coast Guard, Department Bay, San Diego, CA’’ ((RIN1625–AA00) (Dock- transmitting, pursuant to law, the report of of Homeland Security, transmitting, pursu- et No. USCG–2012–0800)) received during ad- a rule entitled ‘‘Amendment of Class E Air- ant to law, the report of a rule entitled ‘‘Spe- journment of the Senate in the Office of the space; Sweetwater, TX’’ ((RIN2120–AA66) cial Local Regulation and Safety Zone; President of the Senate on September 26, (Docket No. FAA–2011–0829)) received during America’s Cup World Series Regattas, San 2012; to the Committee on Commerce, adjournment of the Senate in the Office of Francisco Bay; San Francisco, CA’’ Science, and Transportation. the President of the Senate on September 27, ((RIN1625–AA00; RIN1625–AA–08) (Docket No. EC–8263. A communication from the Attor- 2012; to the Committee on Commerce, USCG–2012–0551)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- EC–8248. A communication from the Senior dent of the Senate on September 26, 2012; to ant to law, the report of a rule entitled Program Analyst, Federal Aviation Adminis- the Committee on Commerce, Science, and ‘‘Safety Zone; ESI Ironman 70.3 Augusta tration, Department of Transportation, Transportation. Triathlon, Savannah River; Augusta, GA’’ transmitting, pursuant to law, the report of EC–8256. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2012– a rule entitled ‘‘Amendment of Class E Air- ney-Advisor, U.S. Coast Guard, Department 0574)) received during adjournment of the space; Battle Creek, MI’’ ((RIN2120–AA66) of Homeland Security, transmitting, pursu- Senate in the Office of the President of the (Docket No. FAA–2011–1110)) received during ant to law, the report of a rule entitled Senate on September 26, 2012; to the Com- adjournment of the Senate in the Office of ‘‘Drawbridge Operation Regulation, Atlantic mittee on Commerce, Science, and Transpor- the President of the Senate on September 27, Intracoastal Waterway (AIWW); Wrightsville tation. 2012; to the Committee on Commerce, Beach, NC; Cape Fear and Northeast Cape EC–8264. A communication from the Attor- Science, and Transportation. Fear River; Wilmington, NC’’ ((RIN1625– ney-Advisor, U.S. Coast Guard, Department

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7039 of Homeland Security, transmitting, pursu- dent of the Senate on September 26, 2012; to (Docket No. USCG–2012–0179)) received dur- ant to law, the report of a rule entitled the Committee on Commerce, Science, and ing adjournment of the Senate in the Office ‘‘Safety Zone; Miami Paddle Challenge, Bis- Transportation. of the President of the Senate on September cayne Bay, Miami, FL’’ ((RIN1625–AA00) EC–8272. A communication from the Attor- 26, 2012; to the Committee on Commerce, (Docket No. USCG–2012–0722)) received dur- ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ing adjournment of the Senate in the Office of Homeland Security, transmitting, pursu- EC–8280. A communication from the Attor- of the President of the Senate on September ant to law, the report of a rule entitled ney Advisor, U.S. Coast Guard, Department 26, 2012; to the Committee on Commerce, ‘‘Safety Zone; Milwaukee Air And Water of Homeland Security, transmitting, pursu- Science, and Transportation. Show, Lake Michigan, Milwaukee, WI’’ ant to law, the report of a rule entitled ‘‘An- EC–8265. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2012– chorage; Change to Cottonwood Island An- ney-Advisor, U.S. Coast Guard, Department 0688)) received during adjournment of the chorage, Columbia River, Oregon and Wash- of Homeland Security, transmitting, pursu- Senate in the Office of the President of the ington’’ ((RIN1625–AA01) (Docket No. USCG– ant to law, the report of a rule entitled Senate on September 26, 2012; to the Com- 2011–0248)) received during adjournment of ‘‘Safety Zone; Blue Angels at Kaneohe Bay mittee on Commerce, Science, and Transpor- the Senate in the Office of the President of Air Show, Oahu, Hawaii’’ ((RIN1625–AA00) tation. the Senate on September 26, 2012; to the (Docket No. USCG–2012–0739)) received dur- EC–8273. A communication from the Attor- Committee on Commerce, Science, and ing adjournment of the Senate in the Office ney-Advisor, U.S. Coast Guard, Department Transportation. of the President of the Senate on September of Homeland Security, transmitting, pursu- EC–8281. A communication from the Senior 26, 2012; to the Committee on Commerce, ant to law, the report of a rule entitled Program Analyst, Federal Aviation Adminis- Science, and Transportation. ‘‘Safety Zone; Mississippi River, Mile Mark- tration, Department of Transportation, EC–8266. A communication from the Attor- er 291 to 295’’ ((RIN1625–AA00) (Docket No. transmitting, pursuant to law, the report of ney-Advisor, U.S. Coast Guard, Department USCG–2012–0662)) received during adjourn- a rule entitled ‘‘Part 95 Instrument Flight of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- Rules; Amdt. No. 502’’ (RIN2120–AA63) re- ant to law, the report of a rule entitled dent of the Senate on September 26, 2012; to ceived during adjournment of the Senate in ‘‘Safety Zone; Water Main Crossing; the Committee on Commerce, Science, and the Office of the President of the Senate on Choctawhatchee Bay; Santa Rosa Beach, Transportation. October 2, 2012; to the Committee on Com- FL’’ ((RIN1625–AA00) (Docket No. USCG– EC–8274. A communication from the Attor- merce, Science, and Transportation. 2012–0518)) received during adjournment of ney-Advisor, U.S. Coast Guard, Department EC–8282. A communication from the Attor- the Senate in the Office of the President of of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department the Senate on September 26, 2012; to the ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- Committee on Commerce, Science, and ‘‘Drawbridge Operation Regulation; Eliza- ant to law, the report of a rule entitled Transportation. beth River, Eastern Branch, Norfolk, VA’’ ‘‘Safety Zones; Multiple Firework Displays EC–8267. A communication from the Attor- ((RIN1625–AA09) (Docket No. USCG–2012– in Captain of the Port, Puget Sound Zone’’ ney-Advisor, U.S. Coast Guard, Department 0357)) received during adjournment of the ((RIN1625–AA00) (Docket No. USCG–2012– of Homeland Security, transmitting, pursu- Senate in the Office of the President of the 0488)) received in the Office of the President ant to law, the report of a rule entitled Senate on September 26, 2012; to the Com- of the Senate on September 21, 2012; to the ‘‘Safety Zone; Chicago Red Bull Flugtag, mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Lake Michigan, Chicago, IL’’ ((RIN1625– tation. Transportation. AA00) (Docket No. USCG–2012–0817)) received EC–8275. A communication from the Attor- EC–8283. A communication from the Attor- during adjournment of the Senate in the Of- ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department fice of the President of the Senate on Sep- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- tember 26, 2012; to the Committee on Com- ant to law, the report of a rule entitled ant to law, the report of a rule entitled merce, Science, and Transportation. ‘‘Drawbridge Operation Regulation; Grosse ‘‘Safety Zone; Cocoa Beach Air Show, Atlan- EC–8268. A communication from the Attor- Tete Bayou, Iberville Parish, LA’’ ((RIN1625– tic Ocean, Cocoa Beach, FL’’ ((RIN1625–AA00) ney-Advisor, U.S. Coast Guard, Department AA09) (Docket No. USCG–2012–0115)) received (Docket No. USCG–2012–0633)) received dur- of Homeland Security, transmitting, pursu- during adjournment of the Senate in the Of- ing adjournment of the Senate in the Office ant to law, the report of a rule entitled fice of the President of the Senate on Sep- of the President of the Senate on September ‘‘Safety Zone for Fireworks Display, Poto- tember 26, 2012; to the Committee on Com- 26, 2012; to the Committee on Commerce, mac River, National Harbor Access Channel; merce, Science, and Transportation. Science, and Transportation. Oxen Hill, MD’’ ((RIN1625–AA00) (Docket No. EC–8276. A communication from the Attor- EC–8284. A communication from the Attor- USCG–2012–0818)) received during adjourn- ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department ment of the Senate in the Office of the Presi- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- dent of the Senate on September 26, 2012; to ant to law, the report of a rule entitled ant to law, the report of a rule entitled the Committee on Commerce, Science, and ‘‘Drawbridge Operation Regulation; Black ‘‘Safety Zone; Bay Bridge Load Transfer Transportation. Warrior River, AL’’ ((RIN1625–AA09) (Docket Safety Zone, San Francisco Bay, San Fran- EC–8269. A communication from the Attor- No. USCG–2012–0764)) received during ad- cisco, CA’’ ((RIN1625–AA00) (Docket No. ney-Advisor, U.S. Coast Guard, Department journment of the Senate in the Office of the USCG–2012–0706)) received during adjourn- of Homeland Security, transmitting, pursu- President of the Senate on September 26, ment of the Senate in the Office of the Presi- ant to law, the report of a rule entitled 2012; to the Committee on Commerce, dent of the Senate on September 26, 2012; to ‘‘Safety Zone; Gulf Intracoastal Waterway, Science, and Transportation. the Committee on Commerce, Science, and Mile Marker 35.2 to Mile Marker 35.5 west of EC–8277. A communication from the Attor- Transportation. Harvey Locks, bank to bank, Lafourche Par- ney-Advisor, U.S. Coast Guard, Department EC–8285. A communication from the Attor- ish, Larose, LA’’ ((RIN1625–AA00) (Docket of Homeland Security, transmitting, pursu- ney-Advisor, U.S. Coast Guard, Department No. USCG–2012–0634) received during adjourn- ant to law, the report of a rule entitled of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- ‘‘Drawbridge Operation Regulation; Alabama ant to law, the report of a rule entitled dent of the Senate on September 26, 2012; to River, AL’’ ((RIN1625–AA09) (Docket No. ‘‘Safety Zone; Jet Express Triathlon, San- the Committee on Commerce, Science, and USCG–2012–0181)) received during adjourn- dusky Bay, Lake Erie, Lakeside, OH’’ Transportation. ment of the Senate in the Office of the Presi- ((RIN1625–AA00) (Docket No. USCG–2012– EC–8270. A communication from the Attor- dent of the Senate on September 26, 2012; to 0072)) received during adjournment of the ney-Advisor, U.S. Coast Guard, Department the Committee on Commerce, Science, and Senate in the Office of the President of the of Homeland Security, transmitting, pursu- Transportation. Senate on September 26, 2012; to the Com- ant to law, the report of a rule entitled EC–8278. A communication from the Attor- mittee on Commerce, Science, and Transpor- ‘‘Safety Zone; 2012 Ironman US Champion- ney-Advisor, U.S. Coast Guard, Department tation. ship Swim, Hudson River, Fort Lee, NJ’’ of Homeland Security, transmitting, pursu- EC–8286. A communication from the Attor- ((RIN1625–AA00) (Docket No. USCG–2012– ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department 0223)) received during adjournment of the ‘‘Drawbridge Operation Regulation; Carlin of Homeland Security, transmitting, pursu- Senate in the Office of the President of the Bayou, LA’’ ((RIN1625–AA09) (Docket No. ant to law, the report of a rule entitled Senate on September 26, 2012; to the Com- USCG–2012–0180)) received during adjourn- ‘‘Safety Zone; Antique Boat Show, Niagara mittee on Commerce, Science, and Transpor- ment of the Senate in the Office of the Presi- River, Grand Island, NY’’ ((RIN1625–AA00) tation. dent of the Senate on September 26, 2012; to (Docket No. USCG–2012–0043)) received dur- EC–8271. A communication from the Attor- the Committee on Commerce, Science, and ing adjournment of the Senate in the Office ney-Advisor, U.S. Coast Guard, Department Transportation. of the President of the Senate on September of Homeland Security, transmitting, pursu- EC–8279. A communication from the Attor- 26, 2012; to the Committee on Commerce, ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department Science, and Transportation. ‘‘Safety Zone; Dredge Arthur J, Lake Huron, of Homeland Security, transmitting, pursu- EC–8287. A communication from the Attor- Lakeport, MI’’ ((RIN1625–AA00) (Docket No. ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department USCG–2012–0709)) received during adjourn- ‘‘Drawbridge Operation Regulation; of Homeland Security, transmitting, pursu- ment of the Senate in the Office of the Presi- Tombigbee River, AL’’ ((RIN1625–AA09) ant to law, the report of a rule entitled

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7040 CONGRESSIONAL RECORD — SENATE November 28, 2012 ‘‘Safety Zone; Chicago Air and Water Show, of S. 833, a bill to provide grants to 49, United States Code, to direct the Lake Michigan, Chicago, IL’’ ((RIN1625– States to ensure that all students in Assistant Secretary of Homeland Secu- AA00) (Docket No. USCG–2012–0773)) received the middle grades are taught an aca- rity, Transportation Security Adminis- during adjournment of the Senate in the Of- demically rigorous curriculum with ef- tration, to transfer unclaimed clothing fice of the President of the Senate on Sep- tember 26, 2012; to the Committee on Com- fective supports so that students com- recovered at airport security check- merce, Science, and Transportation. plete the middle grades prepared for points to local veterans organizations EC–8288. A communication from the Attor- success in secondary school and post- and other local charitable organiza- ney-Advisor, U.S. Coast Guard, Department secondary endeavors, to improve State tions, and for other purposes. of Homeland Security, transmitting, pursu- and district policies and programs re- S. RES. 600 ant to law, the report of a rule entitled lating to the academic achievement of ‘‘Safety Zone; Superior Bay, Duluth, MN’’ At the request of Mrs. SHAHEEN, the students in the middle grades, to de- name of the Senator from Connecticut ((RIN1625–AA00) (Docket No. USCG–2012– velop and implement effective middle 0729)) received during adjournment of the (Mr. BLUMENTHAL) was added as a co- Senate in the Office of the President of the grades models for struggling students, sponsor of S. Res. 600, a resolution sup- Senate on September 26, 2012; to the Com- and for other purposes. porting the goals and ideals of Amer- mittee on Commerce, Science, and Transpor- S. 1718 ican Diabetes Month. tation. At the request of Mr. WYDEN, the S. RES. 602 EC–8289. A communication from the Attor- name of the Senator from Minnesota ney-Advisor, U.S. Coast Guard, Department At the request of Mr. AKAKA, the (Mr. FRANKEN) was added as a cospon- of Homeland Security, transmitting, pursu- names of the Senator from Alaska (Mr. ant to law, the report of a rule entitled sor of S. 1718, a bill to amend title BEGICH) and the Senator from Alaska ‘‘Safety Zone for Fireworks Display, Pamlico XVIII of the Social Security Act with (Ms. MURKOWSKI) were added as cospon- and Tar Rivers; Washington, NC’’ ((RIN1625– respect to the application of Medicare sors of S. Res. 602, a resolution desig- AA00) (Docket No. USCG–2012–0494)) received secondary payer rules for certain nating 2012–2013 as the ‘‘Year of the Ko- during adjournment of the Senate in the Of- claims. rean War Veteran’’ and recognizing the fice of the President of the Senate on Sep- S. 1981 tember 26, 2012; to the Committee on Com- 60th anniversary of the Korean War. merce, Science, and Transportation. At the request of Mr. HELLER, the AMENDMENT NO. 2927 names of the Senator from Tennessee f At the request of Mr. KYL, the name (Mr. ALEXANDER) and the Senator from of the Senator from Tennessee (Mr. INTRODUCTION OF BILLS AND Oklahoma (Mr. COBURN) were added as CORKER) was added as a cosponsor of JOINT RESOLUTIONS cosponsors of S. 1981, a bill to provide amendment No. 2927 intended to be pro- The following bills and joint resolu- that Members of Congress may not re- posed to S. 3254, an original bill to au- tions were introduced, read the first ceive pay after October 1 of any fiscal thorize appropriations for fiscal year and second times by unanimous con- year in which Congress has not ap- 2013 for military activities of the De- sent, and referred as indicated: proved a concurrent resolution on the partment of Defense, for military con- budget and passed the regular appro- By Mr. TOOMEY: struction, and for defense activities of S. 3643. A bill to amend section 1059(e) of priations bills. the Department of Energy, to prescribe the National Defense Authorization Act for S. 3394 military personnel strengths for such Fiscal Year 2006 to clarify that a period of At the request of Mr. JOHNSON of fiscal year, and for other purposes. employment abroad by the Chief of Mission South Dakota, the name of the Senator AMENDMENT NO. 2928 or United States Armed Forces as a trans- from Oregon (Mr. WYDEN) was added as At the request of Mrs. MCCASKILL, lator, interpreter, or in a security-related a cosponsor of S. 3394, a bill to address position in an executive or managerial ca- the name of the Senator from Montana fee disclosure requirements under the pacity is to be counted as a period of resi- (Mr. TESTER) was added as a cosponsor dence and physical presence in the United Electronic Fund Transfer Act, to of amendment No. 2928 intended to be States for purposes of qualifying for natu- amend the Federal Deposit Insurance proposed to S. 3254, an original bill to ralization, and for other purposes; to the Act with respect to information pro- authorize appropriations for fiscal year Committee on the Judiciary. vided to the Bureau of Consumer Fi- By Mr. COATS: 2013 for military activities of the De- nancial Protection, and for other pur- partment of Defense, for military con- S. 3644. A bill to provide for indemnifica- poses. tion of transferees of property at any closed struction, and for defense activities of military installation; to the Committee on S. 3461 the Department of Energy, to prescribe Armed Services. At the request of Mr. BROWN of Ohio, military personnel strengths for such By Mr. BROWN of Ohio (for himself, the name of the Senator from Georgia fiscal year, and for other purposes. Mr. TOOMEY, Mr. FRANKEN, Mr. (Mr. ISAKSON) was added as a cosponsor AMENDMENT NO. 2929 PORTMAN, and Mr. CASEY): of S. 3461, a bill to amend title IV of S. 3645. A bill to direct the United States At the request of Mrs. MCCASKILL, the Public Health Service Act to pro- the name of the Senator from Montana Fish and Wildlife Service, in coordination vide for a National Pediatric Research with the Army Corps of Engineers, the Na- (Mr. TESTER) was added as a cosponsor tional Park Service, and the United States Network, including with respect to pe- of amendment No. 2929 intended to be Geological Survey, to lead a multiagency ef- diatric rare diseases or conditions. proposed to S. 3254, an original bill to fort to slow the spread of Asian carp in the S. 3560 authorize appropriations for fiscal year Upper Mississippi and Ohio River basins and At the request of Mr. WHITEHOUSE, 2013 for military activities of the De- tributaries, and for other purposes; to the the name of the Senator from Vermont Committee on Environment and Public partment of Defense, for military con- (Mr. LEAHY) was added as a cosponsor Works. struction, and for defense activities of By Mr. CASEY (for himself, Mrs. of S. 3560, a bill to provide for scientific the Department of Energy, to prescribe HUTCHISON, Ms. MIKULSKI, Mrs. FEIN- frameworks with respect to recal- military personnel strengths for such STEIN, Mrs. GILLIBRAND, Ms. MUR- citrant cancers. fiscal year, and for other purposes. KOWSKI NOWE AUTEN , Ms. S , and Mr. L - S. 3638 AMENDMENT NO. 2930 BERG): At the request of Ms. LANDRIEU, the At the request of Mrs. MCCASKILL, S. 3646. A bill to require the Department of name of the Senator from Iowa (Mr. Defense to develop a strategy to promote the the name of the Senator from Montana security of Afghan women and girls during HARKIN) was added as a cosponsor of S. (Mr. TESTER) was added as a cosponsor the security transition process; to the Com- 3638, a bill to establish an Office of En- of amendment No. 2930 intended to be mittee on Foreign Relations. trepreneurial Support within the Small proposed to S. 3254, an original bill to f Business Administration, and for other authorize appropriations for fiscal year purposes. 2013 for military activities of the De- ADDITIONAL COSPONSORS S. 3640 partment of Defense, for military con- S. 833 At the request of Mr. TOOMEY, the struction, and for defense activities of At the request of Mr. WHITEHOUSE, name of the Senator from New York the Department of Energy, to prescribe the name of the Senator from Alaska (Mrs. GILLIBRAND) was added as a co- military personnel strengths for such (Mr. BEGICH) was added as a cosponsor sponsor of S. 3640, a bill to amend title fiscal year, and for other purposes.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7041 AMENDMENT NO. 2940 struction, and for defense activities of Alaska (Mr. BEGICH), the Senator from At the request of Mr. BLUMENTHAL, the Department of Energy, to prescribe Minnesota (Mr. FRANKEN), the Senator the names of the Senator from Rhode military personnel strengths for such from Montana (Mr. BAUCUS), the Sen- Island (Mr. WHITEHOUSE), the Senator fiscal year, and for other purposes. ator from Delaware (Mr. COONS), the from Montana (Mr. TESTER), the Sen- AMENDMENT NO. 2958 Senator from Ohio (Mr. BROWN), the ator from Maine (Ms. COLLINS), the At the request of Mr. WEBB, the Senator from Connecticut (Mr. LIEBER- Senator from Oregon (Mr. WYDEN), the names of the Senator from Connecticut MAN), the Senator from Michigan (Ms. Senator from New York (Mrs. GILLI- (Mr. BLUMENTHAL), the Senator from STABENOW), the Senator from Wash- BRAND) and the Senator from Vermont Delaware (Mr. CARPER), the Senator ington (Ms. CANTWELL), the Senator (Mr. SANDERS) were added as cospon- from Iowa (Mr. HARKIN), the Senator from New York (Mr. SCHUMER), the sors of amendment No. 2940 intended to from Vermont (Mr. SANDERS), the Sen- Senator from Illinois (Mr. DURBIN), the be proposed to S. 3254, an original bill ator from New Mexico (Mr. UDALL), the Senator from South Dakota (Mr. JOHN- to authorize appropriations for fiscal Senator from Rhode Island (Mr. REED) SON), the Senator from Colorado (Mr. year 2013 for military activities of the and the Senator from Illinois (Mr. DUR- BENNET), the Senator from Connecticut Department of Defense, for military BIN) were added as cosponsors of (Mr. BLUMENTHAL), the Senator from construction, and for defense activities amendment No. 2958 intended to be pro- Rhode Island (Mr. WHITEHOUSE) and the of the Department of Energy, to pre- posed to S. 3254, an original bill to au- Senator from Maine (Ms. COLLINS) were scribe military personnel strengths for thorize appropriations for fiscal year added as cosponsors of amendment No. such fiscal year, and for other pur- 2013 for military activities of the De- 2985 proposed to S. 3254, an original bill poses. partment of Defense, for military con- to authorize appropriations for fiscal AMENDMENT NO. 2944 struction, and for defense activities of year 2013 for military activities of the At the request of Mr. LIEBERMAN, the the Department of Energy, to prescribe Department of Defense, for military name of the Senator from Alaska (Mr. military personnel strengths for such construction, and for defense activities BEGICH) was added as a cosponsor of fiscal year, and for other purposes. of the Department of Energy, to pre- scribe military personnel strengths for amendment No. 2944 intended to be pro- AMENDMENT NO. 2960 such fiscal year, and for other pur- posed to S. 3254, an original bill to au- At the request of Mr. WYDEN, the poses. thorize appropriations for fiscal year name of the Senator from Maryland AMENDMENT NO. 2991 2013 for military activities of the De- (Ms. MIKULSKI) was added as a cospon- At the request of Mr. HOEVEN, the partment of Defense, for military con- sor of amendment No. 2960 intended to names of the Senator from North Da- struction, and for defense activities of be proposed to S. 3254, an original bill kota (Mr. CONRAD) and the Senator the Department of Energy, to prescribe to authorize appropriations for fiscal from Montana (Mr. BAUCUS) were added military personnel strengths for such year 2013 for military activities of the as cosponsors of amendment No. 2991 fiscal year, and for other purposes. Department of Defense, for military intended to be proposed to S. 3254, an AMENDMENT NO. 2951 construction, and for defense activities original bill to authorize appropria- EGICH of the Department of Energy, to pre- At the request of Mr. B , the tions for fiscal year 2013 for military name of the Senator from South Da- scribe military personnel strengths for activities of the Department of De- kota (Mr. JOHNSON) was added as a co- such fiscal year, and for other pur- fense, for military construction, and sponsor of amendment No. 2951 in- poses. for defense activities of the Depart- tended to be proposed to S. 3254, an AMENDMENT NO. 2981 ment of Energy, to prescribe military original bill to authorize appropria- At the request of Mrs. BOXER, the personnel strengths for such fiscal tions for fiscal year 2013 for military names of the Senator from Maine (Ms. year, and for other purposes. activities of the Department of De- SNOWE), the Senator from Texas (Mr. AMENDMENT NO. 2992 fense, for military construction, and CORNYN) and the Senator from Illinois At the request of Mr. HOEVEN, the for defense activities of the Depart- (Mr. DURBIN) were added as cosponsors names of the Senator from Montana ment of Energy, to prescribe military of amendment No. 2981 intended to be (Mr. TESTER), the Senator from North personnel strengths for such fiscal proposed to S. 3254, an original bill to Dakota (Mr. CONRAD) and the Senator year, and for other purposes. authorize appropriations for fiscal year from Montana (Mr. BAUCUS) were added AMENDMENT NO. 2952 2013 for military activities of the De- as cosponsors of amendment No. 2992 At the request of Mr. BEGICH, the partment of Defense, for military con- intended to be proposed to S. 3254, an name of the Senator from Pennsyl- struction, and for defense activities of original bill to authorize appropria- vania (Mr. TOOMEY) was added as a co- the Department of Energy, to prescribe tions for fiscal year 2013 for military sponsor of amendment No. 2952 in- military personnel strengths for such activities of the Department of De- tended to be proposed to S. 3254, an fiscal year, and for other purposes. fense, for military construction, and original bill to authorize appropria- AMENDMENT NO. 2982 for defense activities of the Depart- tions for fiscal year 2013 for military At the request of Mrs. BOXER, the ment of Energy, to prescribe military activities of the Department of De- names of the Senator from Iowa (Mr. personnel strengths for such fiscal fense, for military construction, and HARKIN), the Senator from Maryland year, and for other purposes. for defense activities of the Depart- (Ms. MIKULSKI) and the Senator from AMENDMENT NO. 2995 ment of Energy, to prescribe military Minnesota (Mr. FRANKEN) were added At the request of Mr. PORTMAN, the personnel strengths for such fiscal as cosponsors of amendment No. 2982 name of the Senator from Ohio (Mr. year, and for other purposes. intended to be proposed to S. 3254, an BROWN) was added as a cosponsor of AMENDMENT NO. 2957 original bill to authorize appropria- amendment No. 2995 intended to be pro- At the request of Mr. WEBB, the tions for fiscal year 2013 for military posed to S. 3254, an original bill to au- names of the Senator from Connecticut activities of the Department of De- thorize appropriations for fiscal year (Mr. BLUMENTHAL), the Senator from fense, for military construction, and 2013 for military activities of the De- Delaware (Mr. CARPER), the Senator for defense activities of the Depart- partment of Defense, for military con- from Iowa (Mr. HARKIN), the Senator ment of Energy, to prescribe military struction, and for defense activities of from Vermont (Mr. SANDERS), the Sen- personnel strengths for such fiscal the Department of Energy, to prescribe ator from New Mexico (Mr. UDALL), the year, and for other purposes. military personnel strengths for such Senator from Rhode Island (Mr. REED) AMENDMENT NO. 2985 fiscal year, and for other purposes. and the Senator from Illinois (Mr. DUR- At the request of Mr. UDALL of Colo- AMENDMENT NO. 2997 BIN) were added as cosponsors of rado, the names of the Senator from At the request of Mr. CASEY, the amendment No. 2957 intended to be pro- New York (Mrs. GILLIBRAND), the Sen- names of the Senator from Montana posed to S. 3254, an original bill to au- ator from New Mexico (Mr. UDALL), the (Mr. TESTER), the Senator from thorize appropriations for fiscal year Senator from North Carolina (Mrs. Vermont (Mr. LEAHY), the Senator 2013 for military activities of the De- HAGAN), the Senator from Massachu- from Oregon (Mr. WYDEN) and the Sen- partment of Defense, for military con- setts (Mr. KERRY), the Senator from ator from Maryland (Ms. MIKULSKI)

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7042 CONGRESSIONAL RECORD — SENATE November 28, 2012 were added as cosponsors of amend- original bill to authorize appropria- tended to be proposed by him to the bill S. ment No. 2997 intended to be proposed tions for fiscal year 2013 for military 3254, supra; which was ordered to lie on the to S. 3254, an original bill to authorize activities of the Department of De- table. SA 3033. Mr. KYL (for himself and Mr. appropriations for fiscal year 2013 for fense, for military construction, and CORKER) submitted an amendment intended military activities of the Department for defense activities of the Depart- to be proposed by him to the bill S. 3254, of Defense, for military construction, ment of Energy, to prescribe military supra; which was ordered to lie on the table. and for defense activities of the De- personnel strengths for such fiscal SA 3034. Mr. BROWN of Massachusetts (for partment of Energy, to prescribe mili- year, and for other purposes. himself and Mr. KERRY) submitted an amend- tary personnel strengths for such fiscal At the request of Ms. COLLINS, the ment intended to be proposed by him to the year, and for other purposes. name of the Senator from South Caro- bill S. 3254, supra; which was ordered to lie on the table. AMENDMENT NO. 2998 lina (Mr. DEMINT) was added as a co- SA 3035. Mr. BROWN of Massachusetts sub- At the request of Ms. AYOTTE, the sponsor of amendment No. 3018 in- mitted an amendment intended to be pro- name of the Senator from Illinois (Mr. tended to be proposed to S. 3254, supra. posed by him to the bill S. 3254, supra; which KIRK) was added as a cosponsor of At the request of Mr. WEBB, his name was ordered to lie on the table. amendment No. 2998 intended to be pro- was added as a cosponsor of amend- SA 3036. Mr. BROWN of Massachusetts sub- mitted an amendment intended to be pro- posed to S. 3254, an original bill to au- ment No. 3018 intended to be proposed to S. 3254, supra. posed by him to the bill S. 3254, supra; which thorize appropriations for fiscal year was ordered to lie on the table. 2013 for military activities of the De- f SA 3037. Mr. BROWN of Massachusetts sub- partment of Defense, for military con- AMENDMENTS SUBMITTED AND mitted an amendment intended to be pro- struction, and for defense activities of PROPOSED posed by him to the bill S. 3254, supra; which the Department of Energy, to prescribe was ordered to lie on the table. military personnel strengths for such SA 3019. Mr. AKAKA submitted an amend- SA 3038. Ms. COLLINS (for herself, Mr. LIE- ment intended to be proposed by him to the BERMAN, and Mr. BLUMENTHAL) submitted an fiscal year, and for other purposes. bill S. 3254, to authorize appropriations for amendment intended to be proposed by her AMENDMENT NO. 3009 fiscal year 2013 for military activities of the to the bill S. 3254, supra; which was ordered At the request of Mr. SESSIONS, the Department of Defense, for military con- to lie on the table. names of the Senator from Virginia struction, and for defense activities of the SA 3039. Ms. COLLINS (for herself, Mr. LIE- (Mr. WEBB) and the Senator from Department of Energy, to prescribe military BERMAN, and Mr. BLUMENTHAL) submitted an personnel strengths for such fiscal year, and amendment intended to be proposed by her South Carolina (Mr. GRAHAM) were to the bill S. 3254, supra; which was ordered added as cosponsors of amendment No. for other purposes; which was ordered to lie on the table. to lie on the table. 3009 intended to be proposed to S. 3254, SA 3020. Mr. AKAKA submitted an amend- SA 3040. Ms. COLLINS (for herself and Mr. an original bill to authorize appropria- ment intended to be proposed by him to the LIEBERMAN) submitted an amendment in- tions for fiscal year 2013 for military bill S. 3254, supra; which was ordered to lie tended to be proposed by her to the bill S. activities of the Department of De- on the table. 3254, supra; which was ordered to lie on the fense, for military construction, and SA 3021. Mr. CARDIN submitted an amend- table. SA 3041. Ms. COLLINS (for herself and Mr. for defense activities of the Depart- ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie LIEBERMAN) submitted an amendment in- ment of Energy, to prescribe military on the table. tended to be proposed by her to the bill S. personnel strengths for such fiscal SA 3022. Mr. CARDIN submitted an amend- 3254, supra; which was ordered to lie on the year, and for other purposes. ment intended to be proposed by him to the table. AMENDMENT NO. 3016 bill S. 3254, supra; which was ordered to lie SA 3042. Ms. COLLINS (for herself, Mrs. SHAHEEN, Mr. PORTMAN, Mr. UDALL of Colo- At the request of Mrs. GILLIBRAND, on the table. rado, Ms. SNOWE, and Mr. WICKER) submitted the names of the Senator from Texas SA 3023. Mr. CARDIN submitted an amend- ment intended to be proposed by him to the an amendment intended to be proposed by (Mr. CORNYN) and the Senator from bill S. 3254, supra; which was ordered to lie her to the bill S. 3254, supra; which was or- Maryland (Ms. MIKULSKI) were added as on the table. dered to lie on the table. cosponsors of amendment No. 3016 pro- SA 3024. Mr. CARDIN submitted an amend- SA 3043. Ms. COLLINS (for herself, Mrs. posed to S. 3254, an original bill to au- ment intended to be proposed by him to the SHAHEEN, Mr. PORTMAN, Mr. UDALL of Colo- thorize appropriations for fiscal year bill S. 3254, supra; which was ordered to lie rado, Ms. SNOWE, and Mr. WICKER) submitted 2013 for military activities of the De- on the table. an amendment intended to be proposed by SA 3025. Mr. CARDIN (for himself, Mr. partment of Defense, for military con- her to the bill S. 3254, supra; which was or- AKAKA, Ms. MIKULSKI, Mr. BEGICH, Mr. DUR- dered to lie on the table. struction, and for defense activities of BIN, Mr. BROWN of Ohio, Mrs. MCCASKILL, and SA 3044. Ms. COLLINS (for herself, Mr. the Department of Energy, to prescribe Mr. HARKIN) submitted an amendment in- KERRY, Mr. BROWN of Massachusetts, Mr. military personnel strengths for such tended to be proposed by him to the bill S. BLUMENTHAL, Mr. WHITEHOUSE, Ms. SNOWE, fiscal year, and for other purposes. 3254, supra; which was ordered to lie on the Mr. BROWN of Ohio, and Mr. REED) submitted AMENDMENT NO. 3017 table. an amendment intended to be proposed by SA 3026. Mr. TESTER (for himself, Mr. her to the bill S. 3254, supra; which was or- At the request of Mr. REED, the name BLUMENTHAL, and Mrs. GILLIBRAND) sub- dered to lie on the table. of the Senator from Rhode Island (Mr. mitted an amendment intended to be pro- SA 3045. Ms. COLLINS (for herself, Mr. WHITEHOUSE) was added as a cosponsor posed by him to the bill S. 3254, supra; which KERRY, Mr. BROWN of Massachusetts, Mr. of amendment No. 3017 intended to be was ordered to lie on the table. BLUMENTHAL, Mr. WHITEHOUSE, Ms. SNOWE, proposed to S. 3254, an original bill to SA 3027. Mr. TESTER (for himself and Mr. and Mr. BROWN of Ohio) submitted an amend- authorize appropriations for fiscal year CHAMBLISS) submitted an amendment in- ment intended to be proposed by her to the 2013 for military activities of the De- tended to be proposed by him to the bill S. bill S. 3254, supra; which was ordered to lie partment of Defense, for military con- 3254, supra; which was ordered to lie on the on the table. table. SA 3046. Mr. BOOZMAN submitted an struction, and for defense activities of SA 3028. Mr. TESTER submitted an amend- amendment intended to be proposed by him the Department of Energy, to prescribe ment intended to be proposed by him to the to the bill S. 3254, supra; which was ordered military personnel strengths for such bill S. 3254, supra; which was ordered to lie to lie on the table. fiscal year, and for other purposes. on the table. SA 3047. Mr. REID submitted an amend- AMENDMENT NO. 3018 SA 3029. Mr. TESTER submitted an amend- ment intended to be proposed by him to the ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie At the request of Mrs. FEINSTEIN, the bill S. 3254, supra; which was ordered to lie on the table. names of the Senator from Montana on the table. SA 3048. Mr. REID submitted an amend- (Mr. TESTER), the Senator from South SA 3030. Mr. LAUTENBERG submitted an ment intended to be proposed by him to the Dakota (Mr. JOHNSON), the Senator amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie from Vermont (Mr. SANDERS), the Sen- to the bill S. 3254, supra; which was ordered on the table. ator from Rhode Island (Mr. WHITE- to lie on the table. SA 3049. Mr. UDALL of New Mexico (for SA 3031. Mr. BLUMENTHAL submitted an himself, Mr. CORKER, Mr. SCHUMER, Ms. HOUSE), the Senator from Nevada (Mr. amendment intended to be proposed by him SNOWE, Mr. BINGAMAN, Mrs. MCCASKILL, Mr. HELLER) and the Senator from Mon- to the bill S. 3254, supra; which was ordered WYDEN, and Mr. MERKLEY) submitted an tana (Mr. BAUCUS) were added as co- to lie on the table. amendment intended to be proposed by him sponsors of amendment No. 3018 in- SA 3032. Mr. ROBERTS (for himself and to the bill S. 3254, supra; which was ordered tended to be proposed to S. 3254, an Mr. MORAN) submitted an amendment in- to lie on the table.

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SA 3050. Mr. MCCAIN submitted an amend- to the bill S. 3254, supra; which was ordered SA 3089. Mr. LIEBERMAN (for himself, Ms. ment intended to be proposed by him to the to lie on the table. COLLINS, Mr. CARPER, and Mr. BROWN of Mas- bill S. 3254, supra; which was ordered to lie SA 3070. Mr. SHELBY submitted an amend- sachusetts) submitted an amendment in- on the table. ment intended to be proposed by him to the tended to be proposed by him to the bill S. SA 3051. Mr. MCCAIN (for himself, Mr. bill S. 3254, supra; which was ordered to lie 3254, supra; which was ordered to lie on the PORTMAN, Mr. WEBB, Mr. INHOFE, Ms. on the table. table. AYOTTE, Mr. BROWN of Massachusetts, and SA 3071. Ms. COLLINS submitted an SA 3090. Mr. LIEBERMAN (for himself, Ms. Mr. CORNYN) submitted an amendment in- amendment intended to be proposed by her COLLINS, Mr. CARPER, and Mr. BROWN of Mas- tended to be proposed by him to the bill S. to the bill S. 3254, supra; which was ordered sachusetts) submitted an amendment in- 3254, supra. to lie on the table. tended to be proposed by him to the bill S. SA 3052. Mr. MCCAIN submitted an amend- SA 3072. Mr. INHOFE submitted an amend- 3254, supra; which was ordered to lie on the ment intended to be proposed by him to the ment intended to be proposed by him to the table. bill S. 3254, supra; which was ordered to lie bill S. 3254, supra; which was ordered to lie SA 3091. Mr. MCCAIN submitted an amend- on the table. on the table. ment intended to be proposed by him to the SA 3053. Mr. MCCAIN (for himself, Mrs. SA 3073. Mr. NELSON of Florida submitted bill S. 3254, supra; which was ordered to lie FEINSTEIN, Mr. NELSON of Florida, Mr. an amendment intended to be proposed by on the table. JOHANNS, and Mrs. BOXER) submitted an him to the bill S. 3254, supra; which was or- SA 3092. Mr. RISCH submitted an amend- amendment intended to be proposed by him dered to lie on the table. ment intended to be proposed by him to the to the bill S. 3254, supra; which was ordered SA 3074. Mr. NELSON of Florida (for him- bill S. 3254, supra; which was ordered to lie to lie on the table. self and Mr. RUBIO) submitted an amendment on the table. SA 3054. Mr. MCCAIN submitted an amend- intended to be proposed by him to the bill S. SA 3093. Mr. RISCH submitted an amend- ment intended to be proposed by him to the 3254, supra; which was ordered to lie on the ment intended to be proposed by him to the bill S. 3254, supra; which was ordered to lie table. bill S. 3254, supra; which was ordered to lie on the table. SA 3075. Mr. WHITEHOUSE submitted an on the table. SA 3055. Mr. MANCHIN (for himself and amendment intended to be proposed by him SA 3094. Mr. RISCH submitted an amend- Mrs. BOXER) submitted an amendment in- to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the tended to be proposed by him to the bill S. to lie on the table. bill S. 3254, supra; which was ordered to lie 3254, supra; which was ordered to lie on the SA 3076. Mr. LIEBERMAN (for himself, Ms. on the table. table. COLLINS, Mr. CARPER, and Mr. BROWN of Mas- SA 3095. Mrs. HAGAN (for herself, Mr. SA 3056. Mrs. HAGAN submitted an amend- sachusetts) submitted an amendment in- JOHNSON of South Dakota, Mrs. MURRAY, and ment intended to be proposed by her to the tended to be proposed by him to the bill S. Mr. UDALL of Colorado) submitted an amend- bill S. 3254, supra; which was ordered to lie 3254, supra; which was ordered to lie on the ment intended to be proposed by her to the on the table. table. bill S. 3254, supra; which was ordered to lie SA 3057. Mr. CASEY (for himself and Mr. SA 3077. Mr. LIEBERMAN (for himself, Ms. on the table. WARNER) submitted an amendment intended COLLINS, Mr. CARPER, and Mr. BROWN of Mas- SA 3096. Mr. MERKLEY (for himself, Mr. to be proposed by him to the bill S. 3254, sachusetts) submitted an amendment in- PAUL, and Mr. MANCHIN) submitted an supra; which was ordered to lie on the table. tended to be proposed by him to the bill S. amendment intended to be proposed by him SA 3058. Mrs. GILLIBRAND (for herself, 3254, supra; which was ordered to lie on the to the bill S. 3254, supra; which was ordered Mr. LIEBERMAN, Mr. BLUMENTHAL, Mr. table. to lie on the table. KERRY, Mr. BROWN of Massachusetts, Mr. SA 3078. Mrs. HUTCHISON submitted an SA 3097. Mrs. SHAHEEN submitted an BEGICH, Mr. MENENDEZ, Mr. SANDERS, Mr. amendment intended to be proposed by her amendment intended to be proposed by her AKAKA, Ms. MIKULSKI, Mr. LEAHY, and Mr. to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered BROWN of Ohio) submitted an amendment in- to lie on the table. to lie on the table. tended to be proposed by her to the bill S. SA 3079. Mr. GRASSLEY (for himself and SA 3098. Mrs. SHAHEEN (for herself and 3254, supra; which was ordered to lie on the Mr. COONS) submitted an amendment in- Ms. AYOTTE) submitted an amendment in- table. tended to be proposed by him to the bill S. tended to be proposed by her to the bill S. SA 3059. Mr. TOOMEY submitted an 3254, supra; which was ordered to lie on the 3254, supra; which was ordered to lie on the amendment intended to be proposed by him table. table. to the bill S. 3254, supra; which was ordered SA 3080. Ms. AYOTTE submitted an SA 3099. Mrs. MURRAY (for herself, Ms. to lie on the table. amendment intended to be proposed by her MIKULSKI, Mr. DURBIN, and Mr. BAUCUS) sub- SA 3060. Mr. TOOMEY (for himself and Mr. to the bill S. 3254, supra; which was ordered mitted an amendment intended to be pro- BURR) submitted an amendment intended to to lie on the table. posed by her to the bill S. 3254, supra. be proposed by him to the bill S. 3254, supra; SA 3081. Mr. BARRASSO (for himself and SA 3100. Mr. JOHNSON of South Dakota which was ordered to lie on the table. Mr. ENZI) submitted an amendment intended submitted an amendment intended to be pro- SA 3061. Mr. TOOMEY submitted an to be proposed by him to the bill S. 3254, posed by him to the bill S. 3254, supra; which amendment intended to be proposed by him supra; which was ordered to lie on the table. was ordered to lie on the table. to the bill S. 3254, supra; which was ordered SA 3082. Mr. BARRASSO (for himself and SA 3101. Mr. JOHNSON of South Dakota to lie on the table. Mr. ENZI) submitted an amendment intended submitted an amendment intended to be pro- SA 3062. Mr. TOOMEY submitted an to be proposed by him to the bill S. 3254, posed by him to the bill S. 3254, supra; which amendment intended to be proposed by him supra; which was ordered to lie on the table. was ordered to lie on the table. to the bill S. 3254, supra; which was ordered SA 3083. Mr. BARRASSO (for himself, Mr. SA 3102. Ms. KLOBUCHAR (for herself and to lie on the table. HOEVEN, Mr. ENZI, Mr. TESTER, Mr. HATCH, Ms. SNOWE) submitted an amendment in- SA 3063. Mr. TOOMEY submitted an Mr. CONRAD, and Mr. BAUCUS) submitted an tended to be proposed by her to the bill S. amendment intended to be proposed by him amendment intended to be proposed by him 3254, supra; which was ordered to lie on the to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered table. to lie on the table. to lie on the table. SA 3103. Ms. KLOBUCHAR (for herself and SA 3064. Mr. TOOMEY (for himself and Mr. SA 3084. Mr. BARRASSO (for himself and Ms. SNOWE) submitted an amendment in- CASEY) submitted an amendment intended to Mr. ENZI) submitted an amendment intended tended to be proposed by her to the bill S. be proposed by him to the bill S. 3254, supra; to be proposed by him to the bill S. 3254, 3254, supra; which was ordered to lie on the which was ordered to lie on the table. supra; which was ordered to lie on the table. table. SA 3065. Mr. TOOMEY submitted an SA 3085. Mr. VITTER submitted an amend- SA 3104. Ms. KLOBUCHAR (for herself and amendment intended to be proposed by him ment intended to be proposed by him to the Ms. SNOWE) submitted an amendment in- to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie tended to be proposed by her to the bill S. to lie on the table. on the table. 3254, supra; which was ordered to lie on the SA 3066. Mr. TOOMEY submitted an SA 3086. Mr. VITTER submitted an amend- table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 3105. Ms. KLOBUCHAR (for herself and to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie Ms. SNOWE) submitted an amendment in- to lie on the table. on the table. tended to be proposed by her to the bill S. SA 3067. Mr. CORNYN submitted an SA 3087. Mr. VITTER submitted an amend- 3254, supra; which was ordered to lie on the amendment intended to be proposed by him ment intended to be proposed by him to the table. to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie SA 3106. Ms. KLOBUCHAR (for herself and to lie on the table. on the table. Ms. SNOWE) submitted an amendment in- SA 3068. Mr. CORNYN (for himself, Mr. SA 3088. Mr. CASEY (for himself, Mrs. tended to be proposed by her to the bill S. MENENDEZ, and Mr. INHOFE) submitted an HUTCHISON, Ms. MIKULSKI, Mrs. FEINSTEIN, 3254, supra; which was ordered to lie on the amendment intended to be proposed by him Mrs. GILLIBRAND, Ms. MURKOWSKI, Ms. table. to the bill S. 3254, supra; which was ordered SNOWE, Mr. LAUTENBERG, and Mr. CARDIN) SA 3107. Mr. COBURN submitted an to lie on the table. submitted an amendment intended to be pro- amendment intended to be proposed by him SA 3069. Mr. CORNYN submitted an posed by him to the bill S. 3254, supra; which to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him was ordered to lie on the table. to lie on the table.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7044 CONGRESSIONAL RECORD — SENATE November 28, 2012 SA 3108. Mr. COBURN submitted an to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him to lie on the table. on the table. to the bill S. 3254, supra; which was ordered SA 3128. Mr. WARNER submitted an SA 3149. Mr. UDALL of New Mexico (for to lie on the table. amendment intended to be proposed by him himself and Mr. BINGAMAN) submitted an SA 3109. Mr. COBURN submitted an to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him amendment intended to be proposed by him to lie on the table. to the bill S. 3254, supra; which was ordered to the bill S. 3254, supra; which was ordered SA 3129. Mr. LAUTENBERG (for himself to lie on the table. to lie on the table. and Mr. RUBIO) submitted an amendment in- SA 3150. Mr. UDALL of New Mexico (for SA 3110. Mr. COBURN submitted an tended to be proposed by him to the bill S. himself, Mr. SCHUMER, and Mr. BINGAMAN) amendment intended to be proposed by him 3254, supra; which was ordered to lie on the submitted an amendment intended to be pro- to the bill S. 3254, supra; which was ordered table. posed by him to the bill S. 3254, supra; which to lie on the table. SA 3130. Mr. LAUTENBERG (for himself was ordered to lie on the table. SA 3111. Mr. COBURN (for himself and Mr. and Mr. RUBIO) submitted an amendment in- SA 3151. Mr. UDALL of New Mexico (for MANCHIN) submitted an amendment intended tended to be proposed by him to the bill S. himself and Mr. BINGAMAN) submitted an to be proposed by him to the bill S. 3254, 3254, supra; which was ordered to lie on the amendment intended to be proposed by him supra; which was ordered to lie on the table. table. to the bill S. 3254, supra; which was ordered SA 3112. Mr. BROWN of Ohio (for himself SA 3131. Mr. COBURN submitted an to lie on the table. and Mr. BOOZMAN) submitted an amendment amendment intended to be proposed by him SA 3152. Mr. UDALL of New Mexico (for intended to be proposed by him to the bill S. to the bill S. 3254, supra; which was ordered himself and Mr. BINGAMAN) submitted an 3254, supra; which was ordered to lie on the to lie on the table. amendment intended to be proposed by him table. SA 3132. Mr. COONS submitted an amend- to the bill S. 3254, supra; which was ordered SA 3113. Mr. BROWN of Ohio submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie SA 3153. Mr. UDALL of New Mexico (for to the bill S. 3254, supra; which was ordered on the table. himself and Mr. BINGAMAN) submitted an to lie on the table. SA 3133. Ms. SNOWE (for herself, Ms. LAN- amendment intended to be proposed by him SA 3114. Mr. LEVIN submitted an amend- DRIEU, Mr. COBURN, and Mr. KERRY) sub- to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the mitted an amendment intended to be pro- to lie on the table. bill S. 3254, supra; which was ordered to lie posed by her to the bill S. 3254, supra; which SA 3154. Mr. UDALL of New Mexico (for on the table. was ordered to lie on the table. himself and Mr. BINGAMAN) submitted an SA 3115. Mr. UDALL of Colorado (for him- SA 3134. Mr. DEMINT (for himself and Mr. amendment intended to be proposed by him self and Mr. LEAHY) submitted an amend- CORKER) submitted an amendment intended to the bill S. 3254, supra; which was ordered ment intended to be proposed by him to the to be proposed by him to the bill S. 3254, to lie on the table. bill S. 3254, supra; which was ordered to lie supra; which was ordered to lie on the table. SA 3155. Ms. MURKOWSKI submitted an on the table. SA 3135. Ms. MURKOWSKI submitted an amendment intended to be proposed by her SA 3116. Mr. UDALL of Colorado (for him- amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered self and Mr. LEAHY) submitted an amend- to the bill S. 3254, supra; which was ordered to lie on the table. ment intended to be proposed by him to the to lie on the table. SA 3156. Ms. MURKOWSKI submitted an bill S. 3254, supra; which was ordered to lie SA 3136. Ms. MURKOWSKI submitted an amendment intended to be proposed by her on the table. amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered SA 3117. Mr. HATCH (for himself, Mr. to the bill S. 3254, supra; which was ordered to lie on the table. CHAMBLISS, and Mr. LEE) submitted an to lie on the table. SA 3157. Ms. MURKOWSKI submitted an amendment intended to be proposed by him SA 3137. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered to lie on the table. to the bill S. 3254, supra; which was ordered to lie on the table. SA 3118. Mr. PAUL submitted an amend- to lie on the table. SA 3158. Mr. CORNYN submitted an ment intended to be proposed by him to the SA 3138. Ms. MURKOWSKI submitted an amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by her to the bill S. 3254, supra; which was ordered on the table. to the bill S. 3254, supra; which was ordered to lie on the table. SA 3119. Mr. PAUL submitted an amend- to lie on the table. SA 3159. Mr. GRAHAM submitted an ment intended to be proposed by him to the SA 3139. Mr. BARRASSO (for himself, Mr. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie LEE, and Mr. INHOFE) submitted an amend- to the bill S. 3254, supra; which was ordered on the table. ment intended to be proposed by him to the to lie on the table. SA 3120. Mr. THUNE submitted an amend- bill S. 3254, supra; which was ordered to lie SA 3160. Mr. BROWN of Massachusetts sub- ment intended to be proposed by him to the on the table. mitted an amendment intended to be pro- bill S. 3254, supra; which was ordered to lie SA 3140. Mr. WARNER submitted an posed by him to the bill S. 3254, supra; which on the table. amendment intended to be proposed by him was ordered to lie on the table. SA 3121. Mr. WICKER submitted an amend- to the bill S. 3254, supra; which was ordered SA 3161. Mr. CONRAD submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie SA 3141. Mr. WARNER submitted an to the bill S. 3254, supra; which was ordered on the table. amendment intended to be proposed by him to lie on the table. SA 3122. Mr. WICKER submitted an amend- to the bill S. 3254, supra; which was ordered SA 3162. Mr. CONRAD submitted an ment intended to be proposed by him to the to lie on the table. amendment intended to be proposed by him bill S. 3254, supra; which was ordered to lie SA 3142. Mr. PORTMAN submitted an to the bill S. 3254, supra; which was ordered on the table. amendment intended to be proposed by him to lie on the table. SA 3123. Mr. KYL (for himself, Mr. LIEBER- to the bill S. 3254, supra; which was ordered SA 3163. Mr. WARNER submitted an MAN, Mr. INHOFE, Mr. RISCH, Mr. LUGAR, Mr. to lie on the table. amendment intended to be proposed by him DEMINT, Mr. CORNYN, Mr. RUBIO, Mr. WICKER, SA 3143. Ms. MURKOWSKI submitted an to the bill S. 3254, supra; which was ordered Ms. AYOTTE, Ms. COLLINS, Mr. SESSIONS, Mr. amendment intended to be proposed by her to lie on the table. VITTER, and Mr. CORKER) proposed an amend- to the bill S. 3254, supra; which was ordered SA 3164. Mr. LEVIN submitted an amend- ment to the bill S. 3254, supra. to lie on the table. ment intended to be proposed by him to the SA 3124. Mr. BLUMENTHAL (for himself, SA 3144. Mr. WEBB (for himself, Mr. BROWN bill S. 3254, supra; which was ordered to lie Mr. PORTMAN, Mr. LIEBERMAN, Ms. COLLINS, of Massachusetts, and Mr. LIEBERMAN) sub- on the table. Mr. FRANKEN, Mrs. GILLIBRAND, Mr. LAUTEN- mitted an amendment intended to be pro- SA 3165. Mr. REED (for himself and Mr. BERG, Mrs. HUTCHISON, Mr. RUBIO, Mr. posed by him to the bill S. 3254, supra; which JOHANNS) submitted an amendment intended BEGICH, and Mr. TESTER) submitted an was ordered to lie on the table. to be proposed by him to the bill S. 3254, amendment intended to be proposed by him SA 3145. Mr. WARNER submitted an supra; which was ordered to lie on the table. to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him SA 3166. Mr. MANCHIN submitted an to lie on the table. to the bill S. 3254, supra; which was ordered amendment intended to be proposed by him SA 3125. Mr. BLUMENTHAL (for himself to lie on the table. to the bill S. 3254, supra; which was ordered and Mrs. GILLIBRAND) submitted an amend- SA 3146. Mr. WARNER (for himself and Mr. to lie on the table. ment intended to be proposed by him to the CORNYN) submitted an amendment intended SA 3167. Mr. LIEBERMAN submitted an bill S. 3254, supra; which was ordered to lie to be proposed by him to the bill S. 3254, amendment intended to be proposed by him on the table. supra; which was ordered to lie on the table. to the bill S. 3254, supra; which was ordered SA 3126. Mr. WARNER submitted an SA 3147. Mr. HARKIN submitted an amend- to lie on the table. amendment intended to be proposed by him ment intended to be proposed by him to the SA 3168. Mr. NELSON of Nebraska (for to the bill S. 3254, supra; which was ordered bill S. 3254, supra; which was ordered to lie himself and Mr. KIRK) submitted an amend- to lie on the table. on the table. ment intended to be proposed by him to the SA 3127. Mr. WARNER submitted an SA 3148. Mr. HARKIN submitted an amend- bill S. 3254, supra; which was ordered to lie amendment intended to be proposed by him ment intended to be proposed by him to the on the table.

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Any amendment intended to be proposed by him and for defense activities of the De- amounts so credited shall remain available to the bill S. 3254, supra; which was ordered partment of Energy, to prescribe mili- until expended.’’. to lie on the table. tary personnel strengths for such fiscal (b) NATIONAL SECURITY EDUCATION BOARD SA 3171. Mr. HATCH (for himself, Mr. ROB- year, and for other purposes; which was MATTERS.— ERTS, Mr. CHAMBLISS, Mr. BARRASSO, Mr. ordered to lie on the table; as follows: (1) COMPOSITION.—Subsection (b) of section 803 of such Act (50 U.S.C. 1903) is amended— INHOFE, Mr. WICKER, Mr. LEE, Mr. COBURN, At the end of subtitle H of title X, add the (A) by striking paragraph (5); Mr. RISCH, and Mr. RUBIO) submitted an following: amendment intended to be proposed by him (B) by redesignating paragraphs (6) and (7) SEC. 1084. STATE TRADE AND EXPORT PRO- as paragraphs (8) and (9), respectively; and to the bill S. 3254, supra; which was ordered MOTION GRANT PROGRAM. to lie on the table. (C) by inserting after paragraph (4) the fol- Section 1207(a)(5) of the Small Business SA 3172. Mr. CORKER submitted an amend- lowing new paragraphs: Jobs Act of 2010 (15 U.S.C. 649b note) is ment intended to be proposed by him to the ‘‘(5) The Secretary of Homeland Security. amended by inserting after ‘‘Guam,’’ the fol- bill S. 3254, supra; which was ordered to lie ‘‘(6) The Secretary of Energy. lowing: ‘‘the Commonwealth of the Northern on the table. ‘‘(7) The Director of National Intel- Mariana Islands,’’. SA 3173. Mr. COBURN submitted an ligence.’’. (2) FUNCTIONS.—Subsection (d) of such sec- amendment intended to be proposed by him SA 3020. Mr. AKAKA submitted an to the bill S. 3254, supra; which was ordered tion is amended by adding at the end the fol- to lie on the table. amendment intended to be proposed by lowing new paragraphs: SA 3174. Ms. MURKOWSKI submitted an him to the bill S. 3254, to authorize ap- ‘‘(9) To the extent provided by the Sec- amendment intended to be proposed by her propriations for fiscal year 2013 for retary of Defense, oversee and coordinate the to the bill S. 3254, supra; which was ordered military activities of the Department activities of the National Language Service to lie on the table. of Defense, for military construction, Corps under section 813, including proposing SA 3175. Mr. RUBIO submitted an amend- and for defense activities of the De- regulations to carry out that section. ment intended to be proposed by him to the partment of Energy, to prescribe mili- ‘‘(10) Assess on a periodic basis the needs identified by the departments and agencies bill S. 3254, supra; which was ordered to lie tary personnel strengths for such fiscal on the table. of the Federal Government for personnel SA 3176. Mr. RUBIO submitted an amend- year, and for other purposes; which was with skills in various foreign languages. ment intended to be proposed by him to the ordered to lie on the table; as follows: ‘‘(11) Recommend plans to address foreign bill S. 3254, supra; which was ordered to lie Strike section 941 and insert the following: language shortfalls and requirements of the on the table. SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. departments and agencies of the Federal SA 3177. Mr. RUBIO submitted an amend- (a) AUTHORITY TO ESTABLISH.—The David Government. ment intended to be proposed by him to the L. Boren National Security Education Act of ‘‘(12) Recommend effective ways to in- bill S. 3254, supra; which was ordered to lie 1991 (50 U.S.C. 1901 et seq.) is amended by crease public awareness of the need for for- on the table. adding at the end the following new section: eign languages skills and career paths in the Federal Government that use those skills. SA 3178. Mrs. HUTCHISON submitted an ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. amendment intended to be proposed by her ‘‘(13) Advise on the coordination of activi- ‘‘(a) ESTABLISHMENT.—(1) The Secretary of ties with Executive agencies and State and to the bill S. 3254, supra; which was ordered Defense may establish and maintain within local governments to develop interagency to lie on the table. the Department of Defense a National Lan- SA 3179. Mr. BENNET (for himself, Mr. plans and agreements to address overall for- guage Service Corps (in this section referred WARNER, and Mr. RUBIO) submitted an eign language shortfalls and to utilize per- to as the ‘Corps’). amendment intended to be proposed by him sonnel to address the various types of crises ‘‘(2) The purpose of the Corps is to provide to the bill S. 3254, supra; which was ordered that warrant foreign language skills.’’. a pool of personnel with foreign language to lie on the table. skills who, as provided in regulations pre- SA 3180. Mr. WHITEHOUSE submitted an SA 3021. Mr. CARDIN submitted an scribed under this section, agree to provide amendment intended to be proposed by him amendment intended to be proposed by foreign language services to the Department to the bill S. 3254, supra; which was ordered of Defense or another department or agency him to the bill S. 3254, to authorize ap- to lie on the table. of the United States. propriations for fiscal year 2013 for SA 3181. Mr. WHITEHOUSE (for himself, ‘‘(b) NATIONAL SECURITY EDUCATION military activities of the Department Mr. MENENDEZ, Mr. MERKLEY, Mr. LAUTEN- BOARD.—If the Corps is established, the Sec- of Defense, for military construction, BERG, and Mrs. BOXER) submitted an amend- retary shall provide for the National Secu- and for defense activities of the De- ment intended to be proposed by him to the rity Education Board to oversee and coordi- bill S. 3254, supra; which was ordered to lie partment of Energy, to prescribe mili- nate the activities of the Corps to such ex- on the table. tary personnel strengths for such fiscal tent and in such manner as determined by SA 3182. Mr. SANDERS submitted an year, and for other purposes; which was the Secretary under paragraph (9) of section amendment intended to be proposed by him ordered to lie on the table; as follows: 803(d). to the bill S. 3254, supra; which was ordered ‘‘(c) MEMBERSHIP.—To be eligible for mem- At the end of subtitle H of title X, add the to lie on the table. bership in the Corps, a person must be a cit- following: SA 3183. Mr. SANDERS submitted an izen of the United States authorized by law SEC. 1084. GRANTS FOR TRAINING OF VETERANS amendment intended to be proposed by him to be employed in the United States, have WHO OWN SMALL BUSINESSES ON to the bill S. 3254, supra; which was ordered APPLYING FOR FEDERAL CON- attained the age of 18 years, and possess such to lie on the table. TRACTS. foreign language skills as the Secretary con- SA 3184. Mr. CARPER submitted an amend- (a) IN GENERAL.—The Secretary of Vet- siders appropriate for membership in the ment intended to be proposed by him to the erans Affairs may award a grant to a non- Corps. bill S. 3254, supra; which was ordered to lie profit organization to assist such organiza- ‘‘(d) TRAINING.—The Secretary may provide on the table. tion in providing training to a veteran who members of the Corps such training as the SA 3185. Mr. LEE submitted an amendment is an owner of a small business concern on Secretary prescribes for purposes of this sec- intended to be proposed by him to the bill S. how to apply for and win a contract with the tion. 3254, supra; which was ordered to lie on the Federal Government. ‘‘(e) SERVICE.—Upon a determination that table. (b) MAXIMUM AMOUNTS.— it is in the national interests of the United SA 3186. Mr. COBURN submitted an amend- (1) IN GENERAL.—The total amount of States, the Secretary shall call upon mem- ment intended to be proposed by him to the grants awarded under subsection (a) may not bers of the Corps to provide foreign language bill S. 3254, supra; which was ordered to lie exceed $1,000,000. services to the Department of Defense or an- on the table. (2) INDIVIDUAL GRANT AMOUNTS.—A grant other department or agency of the United SA 3187. Mr. COCHRAN submitted an awarded under subsection (a) may not exceed States. amendment intended to be proposed by him $200,000. ‘‘(f) FUNDING.—The Secretary may impose (c) MATCHING FUNDS.—The Secretary may to the bill S. 3254, supra; which was ordered fees, in amounts up to full-cost recovery, for award a grant under subsection (a) to a non- to lie on the table. language services and technical assistance profit organization to conduct training only f rendered by members of the Corps. Amounts if the organization agrees to make contribu- TEXT OF AMENDMENTS of fees received under this section shall be tions toward the cost of conducting such credited to the account of the Department training, from non-Federal sources, in an SA 3019. Mr. AKAKA submitted an providing funds for any costs incurred by the amount equal to not less than the amount of amendment intended to be proposed by Department in connection with the Corps. the grant.

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(d) SMALL BUSINESS CONCERN DEFINED.—In On page 124, between lines 6 and 7, insert been incurred in or aggravated by service in this section, the term ‘‘small business con- the following: the active military, naval, or air service a cern’’ has the meaning given such term (f) APPLICABILITY TO COAST GUARD.—The diagnosis of post-traumatic stress disorder under section 3 of the Small Business Act (15 Secretary of Homeland Security shall apply by a mental health professional together U.S.C. 632). the provisions of this section (other than with written testimony by the veteran of subsection (d)) to the Coast Guard when it is such incurrence or aggravation and a written SA 3022. Mr. CARDIN submitted an not operating as a service in the Navy in determination by the professional that such amendment intended to be proposed by order to achieve diversity in the Coast Guard disorder is related to the veteran’s service, if him to the bill S. 3254, to authorize ap- in the same manner, under the same sched- consistent with the circumstances, condi- propriations for fiscal year 2013 for ule, and subject to the same conditions as di- tions, or hardships of such service, notwith- military activities of the Department versity is achieved in the other Armed standing the fact that there is no official of Defense, for military construction, Forces under this section. The Secretary record of such incurrence or aggravation in and for defense activities of the De- shall submit to the congressional defense such service, and, to that end, shall resolve committees the reports required by sub- every reasonable doubt in favor of the vet- partment of Energy, to prescribe mili- section (e) with respect to the implementa- eran. tary personnel strengths for such fiscal tion of the provisions of this section regard- ‘‘(2) Service-connection of post-traumatic year, and for other purposes; which was ing the Coast Guard when it is not operating stress disorder may be rebutted by clear and ordered to lie on the table; as follows: as a service in the Navy. convincing evidence to the contrary. In the On page 405, line 4, strike ‘‘Section’’ and case of such a rebuttal, the Secretary shall insert the following: SA 3025. Mr. CARDIN (for himself, make all documents related to the service- (a) SENSE OF THE SENATE.—It is the sense Mr. AKAKA, Ms. MIKULSKI, Mr. BEGICH, connection of the veteran’s disability avail- of the Senate that— Mr. DURBIN, Mr. BROWN of Ohio, Mrs. able to the veteran. (1) the Senate is deeply concerned with the MCCASKILL, and Mr. HARKIN) submitted ‘‘(d)(1) The Secretary shall accept as suffi- dramatic rise in conflict-induced displace- an amendment intended to be proposed cient proof of service-connection of covered ment in Afghanistan and the corresponding mental health conditions alleged to have increase in humanitarian need, especially as by him to the bill S. 3254, to authorize been incurred or aggravated by military sex- winter approaches; appropriations for fiscal year 2013 for ual trauma experienced during service in the (2) there have been several reports of chil- military activities of the Department active military, naval, or air service a diag- dren freezing to death in various refugee set- of Defense, for military construction, nosis of such mental health condition by a tlements in Afghanistan during the winter of and for defense activities of the De- mental health professional together with 2011-12; partment of Energy, to prescribe mili- written testimony by the veteran of such (3) the Bureau of Population, Refugees, and tary personnel strengths for such fiscal trauma alleged to have been incurred during Migration of the Department of State and year, and for other purposes; which was the veteran’s service and a written deter- the Special Representative for Afghanistan mination by the professional that such men- and Pakistan should jointly develop a com- ordered to lie on the table; as follows: tal health condition is related to such trau- prehensive strategy to address the displace- Strike section 341 and insert the following: ma, if consistent with the circumstances, ment and human suffering referred to in SEC. 341. CIVILIAN AND CONTRACT SERVICES conditions, or hardships of such service, not- paragraphs (1) and (2), which shall include— WORKFORCE BALANCE. withstanding the fact that there is no offi- (A) an assessment of the capacity of the (a) IN GENERAL.—The Secretary of Defense cial record of the incurrence of such trauma Government of Afghanistan— shall, consistent with the requirements of in such service, and, to that end, shall re- (i) to prevent, mitigate, and respond to sections 129 and 129a of title 10, United solve every reasonable doubt in favor of the forced displacement; and States Code, ensure that the civilian and veteran. (ii) to provide durable solutions for inter- contract services workforces of the Depart- ‘‘(2) Service-connection of covered mental nally displaced Afghans and Afghan refugees; ment of Defense are sufficiently sized, tak- health conditions under this subsection may and ing into account military strategy require- be rebutted by clear and convincing evidence (B) a coherent plan to strengthen the ca- ments and military end-strength. to the contrary. In the case of such a rebut- pacity of the Government of Afghanistan to (b) COMPTROLLER GENERAL REPORT.—Not tal, the Secretary shall make all documents address the causes and consequences of dis- later than 180 days after the date of the en- related to the service-connection of the vet- placement within Afghanistan. actment of this Act, and annually thereafter, eran’s disability available to the veteran. (b) EXTENSION OF AUTHORITY.—Section the Comptroller General of the United States ‘‘(3) In this subsection: shall submit to the congressional defense ‘‘(A) The term ‘covered mental health con- SA 3023. Mr. CARDIN submitted an committees a report assessing the suffi- ditions’ means post-traumatic stress dis- amendment intended to be proposed by ciency of sizing of the civilian and contract order, anxiety, depression, or other mental him to the bill S. 3254, to authorize ap- services workforces of the Department of De- health conditions that the Secretary deter- propriations for fiscal year 2013 for fense. The report shall assess whether the mines to be related to military sexual trau- military activities of the Department sizing is consistent with workforce manage- ma. of Defense, for military construction, ment and sourcing laws, including sections ‘‘(B) The term ‘military sexual trauma’ 129 and 129a of title 10, United States Code. means, with respect to a veteran, psycho- and for defense activities of the De- logical trauma, which in the judgment of a partment of Energy, to prescribe mili- SA 3026. Mr. TESTER (for himself, mental health professional, resulted from a tary personnel strengths for such fiscal Mr. BLUMENTHAL, and Mrs. GILLIBRAND) physical assault of a sexual nature, battery year, and for other purposes; which was submitted an amendment intended to of a sexual nature, or sexual harassment ordered to lie on the table; as follows: be proposed by him to the bill S. 3254, which occurred while the veteran was serv- On page 139, line 3, add at the end the fol- to authorize appropriations for fiscal ing on active duty or active duty for train- ing.’’. lowing: ‘‘Not later than 180 days after the year 2013 for military activities of the (b) EFFECTIVE DATE.—Subsections (c) and date of the enactment of this Act, the Sec- Department of Defense, for military retary of Homeland Security shall submit to (d) of section 1154 of title 38, United States the committees of Congress referred to in construction, and for defense activities Code, as added by subsection (a), shall apply the preceding sentence a report on hazing in of the Department of Energy, to pre- with respect to any claim for disability com- the Coast Guard when it is not operating as scribe military personnel strengths for pensation under laws administered by the a service in the Navy, and, for purposes of such fiscal year, and for other pur- Secretary of Veterans Affairs for which no such report, the Armed Forces shall include poses; which was ordered to lie on the final decision has been made before the date the Coast Guard when it is not operating as table; as follows: of the enactment of this Act. a service in the Navy.’’. At the end of subtitle H of title X, add the SA 3027. Mr. TESTER (for himself following: SA 3024. Mr. CARDIN submitted an and Mr. CHAMBLISS) submitted an amendment intended to be proposed by SEC. 1084. STANDARD OF PROOF FOR SERVICE- amendment intended to be proposed by CONNECTION OF POST-TRAUMATIC him to the bill S. 3254, to authorize ap- STRESS DISORDER AND MENTAL him to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for HEALTH CONDITIONS RELATED TO propriations for fiscal year 2013 for military activities of the Department MILITARY SEXUAL TRAUMA. military activities of the Department of Defense, for military construction, (a) STANDARD OF PROOF.—Section 1154 of of Defense, for military construction, and for defense activities of the De- title 38, United States Code, is amended by and for defense activities of the De- adding at the end the following new sub- partment of Energy, to prescribe mili- sections: partment of Energy, to prescribe mili- tary personnel strengths for such fiscal ‘‘(c)(1) The Secretary shall accept as suffi- tary personnel strengths for such fiscal year, and for other purposes; which was cient proof of service-connection of post- year, and for other purposes; which was ordered to lie on the table; as follows: traumatic stress disorder alleged to have ordered to lie on the table; as follows:

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At the end of subtitle D of title VI, add the (1) ESTABLISHMENT.—There is established clusions of the Commission, together with following: the Commission on the Review of the Over- its recommendations for such legislation and SEC. 643. MODIFICATION OF PER-FISCAL YEAR seas Military Facility Structure of the administrative actions as it considers appro- CALCULATION OF DAYS OF CERTAIN United States (in this section referred to as priate. ACTIVE DUTY OR ACTIVE SERVICE the ‘‘Commission’’). (B) PROPOSED OVERSEAS BASING STRAT- TO REDUCE ELIGIBILITY AGE FOR (2) COMPOSITION.— EGY.—In addition to the matters specified in RETIREMENT FOR NON-REGULAR (A) IN GENERAL.—The Commission shall be subparagraph (A), the report shall also in- SERVICE. composed of eight members of whom— clude a proposal by the Commission for an (a) ACCUMULATION OF 90-DAY PERIODS OF (i) two shall be appointed by the majority overseas basing strategy for the Department SERVICE WITHIN ANY TWO CONSECUTIVE FIS- leader of the Senate; of Defense in order to meet the current and CAL YEARS.—Section 12731(f)(2)(A) of title 10, (ii) two shall be appointed by the minority future mission of the Department, taking United States Code, is amended by striking leader of the Senate; into account heightened fiscal constraints. ‘‘in any fiscal year’’ and inserting ‘‘in any (iii) two shall be appointed by the Speaker (C) FOCUS ON PARTICULAR ISSUES.—The re- two consecutive fiscal years’’. of the House of Representatives; and port shall focus on current and future geo- (b) RETROACTIVE EFFECTIVE DATE.—The (iv) two shall be appointed by the minority political posturing, operational require- amendment made by subsection (a) shall leader of the House of Representatives. take effect as of January 28, 2008, and as if ments, mobility, quality of life, cost, and (B) QUALIFICATIONS.—Individuals appointed included in the National Defense Authoriza- synchronization with the combatant com- to the Commission shall have significant ex- mands. tion Act for Fiscal Year 2008 (Public Law perience in the national security or foreign 110–181) as enacted. (c) POWERS.— policy of the United States. (1) HEARINGS.—The Commission may hold (C) DEADLINE FOR APPOINTMENT.—Appoint- SA 3028. Mr. TESTER submitted an such hearings, sit and act at such times and ments of the members of the Commission places, take such testimony, and receive amendment intended to be proposed by shall be made not later than 45 days after him to the bill S. 3254, to authorize ap- such evidence as the Commission considers the date of the enactment of this Act. advisable to carry out this section. propriations for fiscal year 2013 for (D) CHAIRMAN AND VICE CHAIRMAN.—The (2) INFORMATION SHARING.—The Commis- Commission shall select a Chairman and military activities of the Department sion may secure directly from any Federal Vice Chairman from among it members. of Defense, for military construction, department or agency such information as (3) TENURE; VACANCIES.—Members shall be and for defense activities of the De- the Commission considers necessary to carry appointed for the life of the Commission. partment of Energy, to prescribe mili- out this section. Upon request of the Chair- Any vacancy in the Commission shall not af- man of the Commission, the head of such de- tary personnel strengths for such fiscal fect its powers, but shall be filled in the partment or agency shall furnish such infor- year, and for other purposes; which was same manner as the original appointment. mation to the Commission. ordered to lie on the table; as follows: (4) MEETINGS.— (3) ADMINISTRATIVE SUPPORT.—Upon re- (A) INITIAL MEETING.—Not later than 30 At the end of subtitle H of title X, add the quest of the Commission, the Administrator days after the date on which all members of following: of General Services shall provide to the Com- SEC. 1084. TRANSPORTATION OF INDIVIDUALS TO the Commission have been appointed, the Commission shall hold its first meeting. mission, on a reimbursable basis, the admin- AND FROM FACILITIES OF DEPART- istrative support necessary for the Commis- MENT OF VETERANS AFFAIRS. (B) CALLING OF THE CHAIRMAN.—The Com- sion to carry out its duties under this sec- (a) IN GENERAL.—Chapter 1 of title 38, mission shall meet at the call of the Chair- tion. United States Code, is amended by inserting man. (4) MAILS.—The Commission may use the after section 111 the following new section: (C) QUORUM.—A majority of the members of the Commission shall constitute a United States mails in the same manner and ‘‘§ 111A. Transportation of individuals to and under the same conditions as other depart- from Department facilities quorum, but a lesser number of members may hold hearings. ments and agencies of the Federal Govern- ‘‘(a) TRANSPORTATION BY SECRETARY.—The (b) DUTIES.— ment. Secretary may transport any person to or (1) STUDY OF OVERSEAS MILITARY FACILITY (5) GIFTS.—The Commission may accept, from a Department facility or other place in STRUCTURE.— use, and dispose of gifts or donations of serv- connection with vocational rehabilitation, (A) IN GENERAL.—The Commission shall ices or property. counseling required by the Secretary pursu- conduct a thorough study of matters relat- (d) PERSONNEL MATTERS.— ant to chapter 34 or 35 of this title, or for the ing to the military facility structure of the (1) COMPENSATION OF MEMBERS.—Each purpose of examination, treatment, or United States overseas. member of the Commission who is not an of- care.’’. (B) SCOPE.—In conducting the study, the ficer or employee of the Federal Government (b) CONFORMING AMENDMENT.—Subsection Commission shall— shall be compensated at a rate equal to the (h) of section 111 of such title is— (i) assess the number of forces required to daily equivalent of the annual rate of basic (1) transferred to section 111A of such title, be forward based outside the United States; pay prescribed for level IV of the Executive as added by subsection (a); (ii) examine the current state of the mili- Schedule under section 5315 of title 5, United (2) redesignated as subsection (b); tary facilities and training ranges of the States Code, for each day (including travel (3) inserted after subsection (a) of such sec- United States overseas for all permanent time) during which such member is engaged tion; and stations and deployed locations, including in the performance of the duties of the Com- (4) amended by inserting ‘‘TRANSPORTATION the condition of land and improvements at mission under this section. All members of BY THIRD-PARTIES.—’’ before ‘‘The Sec- such facilities and ranges and the avail- the Commission who are officers or employ- retary’’. ability of additional land, if required, for ees of the United States shall serve without (c) CLERICAL AMENDMENT.—The table of such facilities and ranges; compensation in addition to that received sections at the beginning of chapter 1 of such (iii) identify the amounts received by the for their services as officers or employees of title is amended by inserting after the item United States, whether in direct payments, the United States. relating to section 111 the following new in-kind contributions, or otherwise, from (2) TRAVEL.— item: foreign countries by reason of military fa- (A) EXPENSES.—Members of the Commis- ‘‘111A. Transportation of individuals to and cilities of the United States overseas; sion shall be allowed travel expenses, includ- from Department facilities.’’. (iv) assess the feasibility and advisability ing per diem in lieu of subsistence, at rates of the closure or realignment of military fa- authorized for employees of agencies under SA 3029. Mr. TESTER submitted an cilities of the United States overseas, or of subchapter I of chapter 57 of title 5, United amendment intended to be proposed by the establishment of new military facilities States Code, while away from their homes or him to the bill S. 3254, to authorize ap- of the United States overseas; regular places of business in the performance propriations for fiscal year 2013 for (v) consider the findings of the February of services for the Commission under this military activities of the Department 2011 Government Accountability Office re- section. of Defense, for military construction, port, ‘‘Additional Cost Information and (B) MILITARY AIRCRAFT.—Members and and for defense activities of the De- Stakeholder Input Necessary to Assess Mili- staff of the Commission may receive trans- tary Posture in Europe’’, GAO–11–131; and portation on military aircraft to and from partment of Energy, to prescribe mili- (vi) consider or assess any other issue re- the United States, and overseas, for purposes tary personnel strengths for such fiscal lating to military facilities of the United of the performance of the duties of the Com- year, and for other purposes; which was States overseas that the Commission con- mission to the extent that such transpor- ordered to lie on the table; as follows: siders appropriate. tation will not interfere with the require- At the end of subtitle E of title XXVIII, (2) REPORT.— ments of military operations. add the following: (A) IN GENERAL.—Not later than 60 days (3) STAFFING.— SEC. 2844. COMMISSION ON REVIEW OF OVER- after holding its final public hearing, the (A) EXECUTIVE DIRECTOR.—The Chairman of SEAS MILITARY FACILITY STRUC- Commission shall submit to the President the Commission may, without regard to the TURE OF THE UNITED STATES. and Congress a report which shall contain a civil service laws and regulations, appoint (a) IN GENERAL.— detailed statement of the findings and con- and terminate an executive director

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The proposed by him to the bill S. 3254, to or arrangements. ‘‘(c) AVAILABILITY OF FUNDS.—Funds avail- employment of an executive director shall be authorize appropriations for fiscal year subject to confirmation by the Commission. able to the Secretary concerned for oper- (B) STAFF.—The Commission may employ 2013 for military activities of the De- ation and maintenance may be used to pay a staff to assist the Commission in carrying partment of Defense, for military con- for such installation-support services. The out its duties. The total number of the staff struction, and for defense activities of costs of agreements under this section for of the Commission, including an executive the Department of Energy, to prescribe any year may be paid from annual appropria- director under subparagraph (A), may not ex- military personnel strengths for such tions for that year. Funds received by the Secretary as reimbursement for providing ceed 12. fiscal year, and for other purposes; (C) COMPENSATION.—The Chairman of the installation-support services pursuant to which was ordered to lie on the table; such an agreement shall be credited to the Commission may fix the compensation of the as follows: executive director and other personnel with- appropriation or account charged with pro- out regard to chapter 51 and subchapter III of At the end of subtitle C of title XXVIII, viding installation support. ‘‘(d) DEFINITIONS.—In this section: chapter 53 of title 5, United States Code, re- add the following: ‘‘(1) The term ‘installation-support serv- lating to classification of positions and Gen- SEC. 2824. DEPARTMENT OF DEFENSE GOAL RE- ices’ means those services, supplies, re- eral Schedule pay rates, except that the rate GARDING USE OF NON-COMBUSTION, DISTRIBUTED GENERATION TECH- sources, and support typically provided by a of pay for the executive director and other NOLOGIES TO MEET ELECTRICITY State or local government for its own needs personnel may not exceed the rate payable NEEDS. and without regard to whether such services, for level V of the Executive Schedule under Section 2911 of title 10, United States Code, supplies, resources, and support are provided section 5316 of such title. is amended by adding at the end the fol- to its residents generally, except that the (4) DETAILS.—Any employee of the Depart- lowing new subsection: term does not include security-guard or fire- ment of Defense, the Department of State, or ‘‘(f) GOAL REGARDING USE OF NON-COMBUS- fighting functions. the Government Accountability Office may TION, DISTRIBUTED GENERATION TECHNOLOGIES ‘‘(2) The term ‘local government’ includes be detailed to the Commission without reim- TO MEET ELECTRICITY NEEDS.—Electric en- a county, parish, municipality, city, town, bursement, and such detail shall be without ergy produced by non-combustion, distrib- township, local public authority, school dis- interruption or loss of civil service status or uted generation technologies shall have the trict, special district, and any agency or in- privilege. same standing as electric energy from re- strumentality of a local government. (5) TEMPORARY AND INTERMITTENT SERV- newable sources for the purpose of achieving ‘‘(3) The term ‘State’ means the several ICES.—The Chairman of the Commission may the Department of Defense goal to meet elec- states, the District of Columbia, the Com- procure temporary and intermittent services tricity needs established under subsection monwealths of Puerto Rico and the Northern under section 3109(b) of title 5, United States (e).’’. Mariana Islands, American Samoa, Guam, Code, at rates for individuals which do not and the United States Virgin Islands, and exceed the daily equivalent of the annual SA 3032. Mr. ROBERTS (for himself any agency or instrumentality of a State.’’. rate of basic pay prescribed for level V of the and Mr. MORAN) submitted an amend- (b) CLERICAL AMENDMENT.—The table of Executive Schedule under section 5316 of ment intended to be proposed by him sections at the beginning of such chapter is such title. to the bill S. 3254, to authorize appro- amended by inserting at the end the fol- (e) SECURITY.— priations for fiscal year 2013 for mili- lowing new item: (1) SECURITY CLEARANCES.—Members and ‘‘Sec. 2336. Intergovernmental support staff of the Commission, and any experts and tary activities of the Department of Defense, for military construction, and agreements with State and consultants to the Commission, shall possess local governments.’’. security clearances appropriate for their du- for defense activities of the Depart- ties with the Commission under this section. ment of Energy, to prescribe military SA 3033. Mr. KYL (for himself and (2) INFORMATION SECURITY.—The Secretary personnel strengths for such fiscal Mr. CORKER) submitted an amendment of Defense shall assume responsibility for year, and for other purposes; which was intended to be proposed by him to the the handling and disposition of any informa- ordered to lie on the table; as follows: bill S. 3254, to authorize appropriations tion relating to the national security of the At the end of subtitle E of title III, add the United States that is received, considered, or for fiscal year 2013 for military activi- following: used by the Commission under this section. ties of the Department of Defense, for SEC. 344. INTERGOVERNMENTAL SUPPORT (f) TERMINATION.—The Commission shall military construction, and for defense AGREEMENTS WITH STATE AND terminate 45 days after the date on which activities of the Department of Energy, LOCAL GOVERNMENTS. to prescribe military personnel the Commission submits its report under (a) AGREEMENTS AUTHORIZED.—Chapter 137 subsection (b). of title 10, United States Code, is amended by strengths for such fiscal year, and for adding at the end the following new section: other purposes; which was ordered to SA 3030. Mr. LAUTENBERG sub- ‘‘SEC. 2336. INTERGOVERNMENTAL SUPPORT lie on the table; as follows: mitted an amendment intended to be AGREEMENTS WITH STATE AND At the end of subtitle C of title XXXI, add proposed by him to the bill S. 3254, to LOCAL GOVERNMENTS. the following: authorize appropriations for fiscal year ‘‘(a) IN GENERAL.—(1) The Secretary con- SEC. 3136. REPORT ON FEASIBILITY, COST, AND cerned may enter into an intergovernmental ADVISABILITY OF REUSING PITS IN 2013 for military activities of the De- support agreement with a State or local gov- NUCLEAR WARHEADS. partment of Defense, for military con- ernment to provide, receive, or share instal- (a) FINDINGS.—Congress makes the fol- struction, and for defense activities of lation-support services when such an agree- lowing findings: the Department of Energy, to prescribe ment serves the interests of the department (1) A key concept of the proposed interim military personnel strengths for such by enhancing mission effectiveness or cre- plutonium pit strategy of the National Nu- fiscal year, and for other purposes; ating efficiencies or economies of scale, in- clear Security Administration is to reuse ex- which was ordered to lie on the table; cluding by reducing costs. isting pits to supplement the 20 to 30 pits per year that the Administration asserts may be as follows: ‘‘(2) Notwithstanding any other law, such an agreement— manufactured at Los Alamos National Lab- At the end of subtitle A of title VII, add ‘‘(A) may be entered into on a sole source oratory, given extensive modifications to the following: basis; current facilities. SEC. 704. SENSE OF CONGRESS ON PREMIUMS ‘‘(B) may be for a term not to exceed five (2) Dr. Charles McMillan, director of the FOR HEALTH CARE FOR RETIRED years; Los Alamos National Laboratory, testified CAREER MEMBERS OF THE UNI- ‘‘(C) may utilize, for installation-support before Congress on April 18, 2012, that ‘‘the FORMED SERVICES. services provided by a State or local govern- extensive work required to convert these It is the sense of Congress that— ment, wage grades normally paid by that concepts into systems that could be certified (1) career members of the uniformed serv- State or local government; and is yet to be done’’. Dr. McMillan elaborated ices and their families endure unique and ex- ‘‘(D) may only be utilized when the Sec- that ‘‘we must do the scientific work to fur- traordinary demands and make extraor- retary concerned or the State or local gov- ther understand the effects of aging and to dinary sacrifices over the course of a 20-year ernment, as the case may be, providing the provide modern safety, safety that starts to 30-year career in protecting freedom for installation-support services already pro- [with insensitive] high explosive systems. If all Americans; and vides such services for its own use. we choose this path, it will require an invest- (2) those decades of sacrifice constitute a ‘‘(b) EFFECT ON FIRST RESPONDER ARRANGE- ment over the next 5 to 10 years.’’. significant pre-paid premium for health care MENTS.—The authority provided by this sec- (3) Pit lifetime is another critical aspect of during retirement that is over and above tion and limitations on its use do not re- the proposed interim plutonium strategy. what such members pay in money as a pre- voke, preclude, or otherwise interfere with The National Nuclear Security Administra- mium for such health care. existing or proposed mutual aid agreements tion has confidence that pits will last up to

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Yet, Dr. Siegfried Hecker, former the Secretary of Defense with respect to ex- captured on the battlefield who are or will be director of Los Alamos National Laboratory periments to artificially age plutonium and detained in detention facilities in Afghani- and a leading plutonium metallurgist, was any concerns that there may be differences stan under the control of the United States. quoted on July 17, 2012, as saying, ‘‘We have between natural and artificial aging of plu- (4) A plan for the transfer of high-risk never done enough of those [plutonium life- tonium. enemy combatants described in paragraph (3) time] experiments that would make me feel (11) An assessment of experiments that from detention facilities in Afghanistan more comfortable with plutonium lifetimes have been performed to understand the per- under the control of the United States after in pits. So as far as I’m concerned, we still formance of older pits across the full stock- December 31, 2014. haven’t demonstrated that these pits can pile-to-target sequence of nuclear warheads, (5) An assessment of the extent to which last 50, 60, 80 or 100 years as some people including in highly dynamic environments, the Government of Afghanistan will provide claim.’’. and the results of those experiments. continuing and enduring support to the (4) Regarding the performance of older (12) A statement of the military require- criminal justice system of Afghanistan for pits, a 2007 report by the private scientific ment for pit production to have a responsive purposes of maintaining the rule of law in advisory group known as JASON suggested infrastructure capable of rapidly responding Afghanistan after December 31, 2014. that ‘‘there must be a more detailed under- to technical or geopolitical strategic sur- (b) DEFINITIONS.—In this section: standing of the different types of dynamic prises. (1) The term ‘‘detention facilities in Af- strengths involved in the weapons codes, and ghanistan under the control of the United then a more complete understanding of how SA 3034. Mr. BROWN of Massachu- States’’ means facilities in Afghanistan es- these strengths vary with aging through rel- setts (for himself and Mr. KERRY) sub- tablished to hold persons consistent with the evant experimental and theoretical work. mitted an amendment intended to be law of war and international humanitarian This is fundamentally difficult . . . New ex- proposed by him to the bill S. 3254, to law, including Additional Protocol II of 1977 periments should be carried out on both nat- authorize appropriations for fiscal year to the Geneva Convention of 1949. urally and artificially aged [plutonium].’’. (2) The term ‘‘enemy combatant’’ means an (b) REPORT REQUIRED.—Not later than 60 2013 for military activities of the De- partment of Defense, for military con- individual who— days after the date of the enactment of this (A) after September 11, 2001, has purpose- Act, the Secretary of Energy and the Sec- struction, and for defense activities of fully engaged in or materially supported hos- retary of Defense shall jointly submit to the the Department of Energy, to prescribe tilities against the United States or its coa- congressional defense committees a report military personnel strengths for such lition partners; or on the feasibility, cost, and advisability of fiscal year, and for other purposes; (B) is a member of, part of, or operated in reusing pits in nuclear warheads that in- which was ordered to lie on the table; a clandestine, covert, or military capacity cludes the following: on behalf of the Taliban, al Qaeda, or associ- (1) An assessment of the technical work as follows: ated forces. and experimentation that needs to be done Strike section 1710 and insert the fol- (3) The term ‘‘high-risk’’, with respect to to determine whether or not pit reuse is like- lowing: an enemy combatant, means that the trans- ly to be a successful strategy that leads to SEC. 1710. RETENTION OF CORE FUNCTIONS OF fer of the enemy combatant to the Govern- the certification of the safety, security, and THE ELECTRONIC SYSTEMS CENTER ment of Afghanistan would create unaccept- reliability of nuclear warheads using those AT HANSCOM AIR FORCE BASE, MAS- SACHUSETTS. able national security risks to the United pits and the schedule and cost for that work The Secretary of the Air Force shall retain and experimentation. States and its coalition partners. the core functions of the Electronic Systems (2) A description of the criteria that must Center at Hanscom Air Force Base, Massa- Mr. BROWN of Massachu- be met to determine whether nuclear war- SA 3036. chusetts, with the same integrated mission setts submitted an amendment in- heads that reuse pits can be certified as safe, elements, responsibilities, and capabilities secure, and reliable and an estimate of the tended to be proposed by him to the as existed as of November 1, 2011, until such bill S. 3254, to authorize appropriations time at which the National Nuclear Security time as such integrated mission elements, Administration anticipates having sufficient responsibilities, and capabilities are modi- for fiscal year 2013 for military activi- data to make such a determination. fied pursuant to section 2687 of title 10, ties of the Department of Defense, for (3) A description of the experiments that United States Code, or a subsequent law pro- military construction, and for defense have been performed to determine whether viding for the closure or realignment of mili- activities of the Department of Energy, nuclear warheads that reuse pits can be cer- tary installations in the United States. tified as safe, secure, and reliable and an as- to prescribe military personnel strengths for such fiscal year, and for sessment of the results of those experiments. SA 3035. Mr. BROWN of Massachu- (4) An assessment of how pursuing pit setts submitted an amendment in- other purposes; which was ordered to reuse increases the cost and complexity of tended to be proposed by him to the lie on the table; as follows: life extension programs and program plan- bill S. 3254, to authorize appropriations At the end of subtitle H of title X, add the ning by the National Nuclear Security Ad- following: ministration and the effect of pursuing pit for fiscal year 2013 for military activi- ties of the Department of Defense, for SEC. 1084. REPORTS ON THE POTENTIAL SECU- reuse on the safety, security, and reliability RITY THREAT POSED BY BOKO of nuclear warheads. military construction, and for defense HARAM. (5) An assessment of the extent to which activities of the Department of Energy, (a) DIRECTOR OF NATIONAL INTELLIGENCE pursuing pit reuse, as opposed to manufac- to prescribe military personnel REPORT.—Not later than 180 days after the turing new pits, limits the incorporation of strengths for such fiscal year, and for date of the enactment of this Act, the Direc- enhanced safety and security features into other purposes; which was ordered to tor of National Intelligence shall submit to life extension programs and limits improve- lie on the table; as follows: Congress an intelligence assessment of the ments to the performance margin in such Nigerian organization known as Boko At the end of subtitle D of title X, add the programs. Haram. Such assessment shall address the following: (6) A description of the technical process following: for and cost of— SEC. 1032. REPORT ON TRANSFER TO THE GOV- (1) The organizational structure, oper- ERNMENT OF AFGHANISTAN OF (A) requalifying an existing pit for reuse ENEMY COMBATANTS DETAINED BY ational goals, and funding sources of Boko with a weapon for which it was designed; and THE UNITED STATES IN AFGHANI- Haram. (B) requalifying an existing pit for reuse STAN. (2) The extent to which Boko Haram with a weapon for which it was not designed. (a) IN GENERAL.—Not later than 180 days threatens the stability of Nigeria and sur- (7) An assessment of the extent which the after the date of the enactment of this Act, rounding countries. Nuclear Weapons Council has reviewed the the Secretary of Defense shall submit to (3) The extent to which Boko Haram processes described in paragraph (6) and the Congress a report setting forth the following: threatens the security of citizens of the results of any such reviews. (1) The policy of the United States on the United States or the national security or in- (8) An explanation for the difference be- disposition of Afghanistan enemy combat- terests of the United States. tween the assessment of the National Nu- ants captured on the battlefield who are or (4) Any interaction between Boko Haram clear Security Administration with respect will be detained in detention facilities in Af- and al-Qaeda in the Islamic Maghreb or to the lifetime of pits and the assessment of ghanistan under the control of the United other al-Qaeda affiliates with respect to Dr. Siegfried Hecker described in subsection States. operational planning and execution, train- (a)(3). (2) The policy of the United States on the ing, and funding. (9) An assessment of the work that has disposition of non-Afghanistan enemy com- (5) The capacity of Nigerian security forces been done by the national security labora- batants captured on the battlefield who are to counter the threat posed by Boko Haram tories of the Department of Energy or by or will be detained in detention facilities in and an assessment of the effectiveness of the other entities with respect to pit aging since Afghanistan under the control of the United strategy of the Nigerian government to date. 2007 and the results of that work. States. (6) Any intelligence gaps with respect to (10) An assessment of the anticipated level (3) The policy of the United States on the the leadership, operational goals, and capa- of confidence of the Secretary of Energy and disposition of high-risk enemy combatants bilities of Boko Haram.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7050 CONGRESSIONAL RECORD — SENATE November 28, 2012 (b) SECRETARY OF STATE REPORT.—Not (1) In the case of the program required by SA 3040. Ms. COLLINS (for herself later than 90 days after the date the report subsection (a), the delivery of controlled sub- and Mr. LIEBERMAN) submitted an required by subsection (a) is submitted to stances under the program to such members amendment intended to be proposed by Congress, the Secretary of State shall sub- of the Armed Forces, medical professionals, her to the bill S. 3254, to authorize ap- mit to Congress a report describing the and other employees of the Department of strategy of the United States to counter the Defense, and to such other acceptance mech- propriations for fiscal year 2013 for threat posed by Boko Haram. anisms, as the Secretary of Defense and the military activities of the Department Attorney General jointly specify for pur- of Defense, for military construction, SA 3037. Mr. BROWN of Massachu- poses of the program. and for defense activities of the De- setts submitted an amendment in- (2) In the case of the program required by partment of Energy, to prescribe mili- tended to be proposed by him to the subsection (b), the delivery of controlled sub- tary personnel strengths for such fiscal bill S. 3254, to authorize appropriations stances under the program to such employ- year, and for other purposes; which was for fiscal year 2013 for military activi- ees of the Veterans Health Administration of ordered to lie on the table; as follows: the Department of Veterans Affairs, and to ties of the Department of Defense, for At the end of subtitle D of title VII, add military construction, and for defense such other acceptance mechanisms, as the Secretary of Veterans Affairs and the Attor- the following: activities of the Department of Energy, SEC. 735. PRESCRIPTION DRUG TAKE-BACK PRO- to prescribe military personnel ney General jointly specify for purposes of the program. GRAM FOR MEMBERS OF THE strengths for such fiscal year, and for ARMED FORCES AND THEIR DE- (3) Appropriate guidelines and procedures PENDENTS. other purposes; which was ordered to to prevent the diversion, misuse, theft, or lie on the table; as follows: (a) PROGRAM REQUIRED.—The Secretary of loss of controlled substances delivered under Defense and the Attorney General shall Strike section 601 and insert the following: such programs. jointly carry out a program (commonly re- SEC. 601. RATES OF BASIC ALLOWANCE FOR ferred to as a ‘‘prescription drug take-back HOUSING FOR ARMY NATIONAL SA 3039. Ms. COLLINS (for herself, program’’) under which members of the GUARD AND AIR NATIONAL GUARD Mr. LIEBERMAN, and Mr. BLUMENTHAL) MEMBERS ON FULL-TIME NATIONAL Armed Forces and dependents of members of GUARD DUTY. submitted an amendment intended to the Armed Forces may deliver controlled Section 403(g) of title 37, United States be proposed by her to the bill S. 3254, to substances to military medical treatment fa- Code, is amended by adding at the end the authorize appropriations for fiscal year cilities to be disposed of in accordance with following new paragraph: 2013 for military activities of the De- section 302(g) of the Controlled Substances ‘‘(6)(A) The rate of basic allowance for partment of Defense, for military con- Act (21 U.S.C. 822(g)). (b) PROGRAM ELEMENTS.—The program re- housing to be paid to a member of the Army struction, and for defense activities of National Guard of the United States, or to a quired by subsection (a) shall provide for the member of the Air National of the United the Department of Energy, to prescribe following: States, shall not be changed upon the transi- military personnel strengths for such (1) The delivery of controlled substances tion of the member from full-time National fiscal year, and for other purposes; under the program to such members of the Guard duty to active duty unless the transi- which was ordered to lie on the table; Armed Forces, medical professionals, and tion— as follows: other employees of the Department of De- ‘‘(i) occurs with a break in active service; At the end of subtitle C of title VII, add fense, and to such other acceptance mecha- or the following: nisms, as the Secretary and the Attorney ‘‘(ii) results in a permanent change of sta- General jointly specify for purposes of the tion and shipment of household goods. SEC. 723. PRESCRIPTION DRUG TAKE-BACK PRO- GRAM FOR MEMBERS OF THE program. ‘‘(B) For purposes of subparagraph (A)(i), a ARMED FORCES, THEIR DEPEND- (2) Appropriate guidelines and procedures break in active service occurs when one or ENTS, AND VETERANS. to prevent the diversion, misuse, theft, or more calendar days between active service (a) PROGRAM FOR MEMBERS OF THE ARMED loss of controlled substances delivered under periods do not qualify as active service.’’. FORCES AND DEPENDENTS.—The Secretary of the program. SA 3038. Ms. COLLINS (for herself, Defense and the Attorney General shall jointly carry out a program (commonly re- SA 3041. Ms. COLLINS (for herself Mr. LIEBERMAN, and Mr. BLUMENTHAL) ferred to as a ‘‘prescription drug take-back and Mr. LIEBERMAN) submitted an submitted an amendment intended to program’’) under which members of the amendment intended to be proposed by be proposed by her to the bill S. 3254, to Armed Forces and dependents of members of her to the bill S. 3254, to authorize ap- authorize appropriations for fiscal year the Armed Forces may deliver controlled propriations for fiscal year 2013 for 2013 for military activities of the De- substances to military medical treatment fa- military activities of the Department partment of Defense, for military con- cilities to be disposed of in accordance with of Defense, for military construction, struction, and for defense activities of section 302(g) of the Controlled Substances Act (21 U.S.C. 822(g)). and for defense activities of the De- the Department of Energy, to prescribe partment of Energy, to prescribe mili- military personnel strengths for such (b) PROGRAM FOR VETERANS.—The Sec- retary of Veterans Affairs and the Attorney tary personnel strengths for such fiscal fiscal year, and for other purposes; General shall jointly carry out a program year, and for other purposes; which was which was ordered to lie on the table; under which veterans may deliver controlled ordered to lie on the table; as follows: as follows: substances to be disposed of in accordance At the end of subtitle D of title VII, add At the end of subtitle C of title VII, add with section 302(g) of the Controlled Sub- the following: the following: stances Act. SEC. 735. PRESCRIPTION DRUG TAKE-BACK PRO- SEC. 723. PRESCRIPTION DRUG TAKE-BACK PRO- (c) PROGRAM ELEMENTS.—The programs re- GRAM FOR MEMBERS OF THE GRAM FOR MEMBERS OF THE quired by this section shall provide for the ARMED FORCES AND THEIR DE- ARMED FORCES, THEIR DEPEND- following: PENDENTS. ENTS, AND VETERANS. (1) In the case of the program required by (a) PROGRAM REQUIRED.—The Secretary of (a) PROGRAM FOR MEMBERS OF THE ARMED subsection (a), the delivery of controlled sub- Defense and the Attorney General shall FORCES AND DEPENDENTS.—The Secretary of stances under the program to such members jointly carry out a program (commonly re- Defense and the Attorney General shall of the Armed Forces, medical professionals, jointly carry out a program (commonly re- ferred to as a ‘‘prescription drug take-back and other employees of the Department of ferred to as a ‘‘prescription drug take-back program’’) under which members of the Defense, and to such other acceptance mech- program’’) under which members of the Armed Forces and dependents of members of anisms, as the Secretary of Defense and the Armed Forces and dependents of members of the Armed Forces may deliver controlled the Armed Forces may deliver controlled Attorney General jointly specify for pur- substances to military medical treatment fa- substances to military medical treatment fa- poses of the program. cilities to be disposed of in accordance with cilities to be disposed of in accordance with (2) In the case of the program required by section 302(g) of the Controlled Substances section 302(g) of the Controlled Substances subsection (b), the delivery of controlled sub- Act (21 U.S.C. 822(g)). Act (21 U.S.C. 822(g)). stances under the program to such employ- (b) PROGRAM ELEMENTS.—The program re- (b) PROGRAM FOR VETERANS.—The Sec- ees of the Veterans Health Administration of quired by subsection (a) shall provide for the retary of Veterans Affairs and the Attorney the Department of Veterans Affairs, and to following: General shall jointly carry out a program such other acceptance mechanisms, as the (1) The delivery of controlled substances under which veterans may deliver controlled Secretary of Veterans Affairs and the Attor- under the program to such members of the substances to be disposed of in accordance ney General jointly specify for purposes of Armed Forces, medical professionals, and with section 302(g) of the Controlled Sub- the program. other employees of the Department of De- stances Act. (3) Appropriate guidelines and procedures fense, and to such other acceptance mecha- (c) PROGRAM ELEMENTS.—The programs re- to prevent the diversion, misuse, theft, or nisms, as the Secretary and the Attorney quired by this section shall provide for the loss of controlled substances delivered under General jointly specify for purposes of the following: such programs. program.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7051 (2) Appropriate guidelines and procedures contractors against United States, Afghani- S. 3254, to authorize appropriations for to prevent the diversion, misuse, theft, or stan, and coalition military and civilian per- fiscal year 2013 for military activities loss of controlled substances delivered under sonnel (‘‘insider attacks’’) in Afghanistan, of the Department of Defense, for mili- the program. and the effect of these attacks on the overall tary construction, and for defense ac- transition strategy in Afghanistan. SA 3042. Ms. COLLINS (for herself, (c) ELEMENTS.—The report required by sub- tivities of the Department of Energy, Mrs. SHAHEEN, Mr. PORTMAN, Mr. section (b) shall include the following: to prescribe military personnel UDALL of Colorado, Ms. SNOWE, and Mr. (1) A description of the nature and proxi- strengths for such fiscal year, and for WICKER) submitted an amendment in- mate causes of the attacks described in sub- other purposes; which was ordered to tended to be proposed by her to the bill section (b), including the following: lie on the table; as follows: (A) An estimate of the number of such at- At the end of subtitle C of title XV, add the S. 3254, to authorize appropriations for tacks on United States, Afghanistan, and co- following: fiscal year 2013 for military activities alition military personnel since January 1, of the Department of Defense, for mili- 2007. SEC. 1536. REPORT ON INSIDER ATTACKS IN AF- tary construction, and for defense ac- GHANISTAN AND THEIR EFFECT ON (B) An estimate of the number of United THE UNITED STATES TRANSITION tivities of the Department of Energy, States, Afghanistan, and coalition personnel STRATEGY FOR AFGHANISTAN. to prescribe military personnel killed or wounded in such attacks. (a) FINDINGS.—Congress makes the fol- strengths for such fiscal year, and for (C) The circumstances or conditions that lowing findings: other purposes; which was ordered to may have influenced such attacks. (1) The United States security strategy in (D) An assessment of the threat posed by lie on the table; as follows: Afghanistan, as established by the President infiltration, and a best assessment of the ex- and reaffirmed at the North Atlantic Treaty At the end of subtitle C of title XV, add the tent of infiltration by insurgents into the Af- following: Organization Conference in Chicago in May ghanistan National Security Forces. 2012 and the North Atlantic Treaty Organiza- SEC. 1536. REPORT ON INSIDER ATTACKS IN AF- (E) A description of trends in the preva- GHANISTAN AND THEIR EFFECT ON tion Defense Ministerial in Brussels in Octo- lence of such attacks, including where such ber 2012, prioritizes a process of ‘‘irreversible THE UNITED STATES TRANSITION attacks occur, the political and ethnic affili- STRATEGY FOR AFGHANISTAN. transition’’ of security responsibility from ation of attackers, and the targets of (a) FINDINGS.—Congress makes the fol- the International Security Assistance Force lowing findings: attackers. (ISAF) to the Afghanistan National Security (1) The United States security strategy in (2) A description of the restrictions and Forces (ANSF) by the end of 2014, and the Afghanistan, as established by the President other actions taken by the United States and training of ‘‘sufficient and capable’’ Afghani- and reaffirmed at the North Atlantic Treaty North Atlantic Treaty Organization/Inter- stan National Security Forces by the Af- Organization Conference in Chicago in May national Security Assistance Force forces to ghanistan Government through the assist- 2012 and the North Atlantic Treaty Organiza- protect military and civilian personnel from ance of international donors. tion Defense Ministerial in Brussels in Octo- future insider attacks, including measures in (2) As a key part of the strategy in Afghan- ber 2012, prioritizes a process of ‘‘irreversible predeployment training. istan, North Atlantic Treaty Organization/ transition’’ of security responsibility from (3) A description of the actions taken by International Security Assistance Force the International Security Assistance Force the Government of Afghanistan to prevent (NATO/ISAF) forces have conducted (ISAF) to the Afghanistan National Security and respond to insider attacks, including im- partnered combat and training operations Forces (ANSF) by the end of 2014, and the proved vetting practices. with the Afghanistan National Security training of ‘‘sufficient and capable’’ Afghani- (4) A description of the insider threat-re- Forces. In the course of these operations, as stan National Security Forces by the Af- lated factors that will influence the size and of November 13, 2012, there have been at least ghanistan Government through the assist- scope of the post-2014 training mission for 60 deaths and 80 non-fatal casualties from in- ance of international donors. the Afghanistan National Security Forces. sider attacks conducted by members of the (2) As a key part of the strategy in Afghan- (5) An assessment of the impact of the in- Afghanistan National Security Forces or in- istan, North Atlantic Treaty Organization/ sider attacks in Afghanistan in 2012 on the surgent infiltrators in Afghanistan in 2012. International Security Assistance Force overall transition strategy in Afghanistan These attacks account for 16 percent of coa- (NATO/ISAF) forces have conducted and its prospects for success, including an lition casualties in Afghanistan in 2012, an partnered combat and training operations assessment how such insider attacks im- almost three-fold increase in the percentage with the Afghanistan National Security pact— of casualties caused by such attacks in 2011 Forces. In the course of these operations, as (A) partner operations between North At- and more than 16 times greater than the per- of November 13, 2012, there have been at least lantic Treaty Organization/International Se- centage of casualties caused by such attacks 60 deaths and 80 non-fatal casualties from in- curity Assistance Force forces and Afghani- in 2008 and earlier. sider attacks conducted by members of the stan National Security Forces; (3) In September 2012, in a media interview, Afghanistan National Security Forces or in- (B) training programs for the Afghanistan General John Allen, Commander of North surgent infiltrators in Afghanistan in 2012. National Security Forces, including pro- Atlantic Treaty Organization/International These attacks account for 16 percent of coa- posed training plans to be executed during Security Assistance Force forces in Afghani- lition casualties in Afghanistan in 2012, an the post-2014 training mission for the Af- stan, stated that ‘‘we’re willing to sacrifice a almost three-fold increase in the percentage ghanistan National Security Forces; lot for this campaign, but we’re not willing of casualties caused by such attacks in 2011 (C) United States Special Forces training to be murdered for it’’, in response to a ques- and more than 16 times greater than the per- of the Afghan Local Police and its integra- tion on insider attacks in Afghanistan. centage of casualties caused by such attacks tion into the Afghanistan National Security (4) In September 2012, General Martin in 2008 and earlier. Forces; and Dempsey, Chairman of the Joint Chiefs of (3) In September 2012, in a media interview, (D) the willingness of North Atlantic Trea- Staff, stated that insider attacks in Afghani- General John Allen, Commander of North ty Organization/International Security As- stan were a ‘‘very serious threat to the cam- Atlantic Treaty Organization/International sistance Force allies to maintain forces in paign’’ and stated that ‘‘something has to Security Assistance Force forces in Afghani- Afghanistan or commit to the post-2014 change’’ to rectify the situation. stan, stated that ‘‘we’re willing to sacrifice a training mission for the Afghanistan Na- (b) REPORT.—Not later than 180 days after lot for this campaign, but we’re not willing tional Security Forces. the date of the enactment of this Act, the to be murdered for it’’, in response to a ques- (6) An assessment of the impact that a re- Secretary of Defense shall, in consultation tion on insider attacks in Afghanistan. duction in training and partnering would with the Secretary of State and the Com- (4) In September 2012, General Martin have on the independent capabilities of the mander of North Atlantic Treaty Organiza- Dempsey, Chairman of the Joint Chiefs of Afghanistan National Security Forces, and tion/International Security Assistance Force Staff, stated that insider attacks in Afghani- whether the training of the Afghanistan Na- forces in Afghanistan, submit to Congress a stan were a ‘‘very serious threat to the cam- tional Security Forces should remain a key report on the attacks and associated threats paign’’ and stated that ‘‘something has to component of the United States and North by Afghanistan National Security Forces change’’ to rectify the situation. Atlantic Treaty Organization strategy in Af- personnel, Afghanistan National Security (b) REPORT.—Not later than 180 days after ghanistan. Forces impersonators, and private security the date of the enactment of this Act, the (d) UNCLASSIFIED EXECUTIVE SUMMARY.— contractors against United States, Afghani- Secretary of Defense shall, in consultation The report submitted under subsection (c) stan, and coalition military and civilian per- with the Secretary of State and the Com- shall include an executive summary of the sonnel (‘‘insider attacks’’) in Afghanistan, mander of North Atlantic Treaty Organiza- contents of the report in unclassified form. and the effect of these attacks on the overall tion/International Security Assistance Force transition strategy in Afghanistan. SA 3043. Ms. COLLINS (for herself, forces in Afghanistan, submit to Congress a (c) ELEMENTS.—The report required by sub- report on the attacks and associated threats Mrs. SHAHEEN, Mr. PORTMAN, Mr. section (b) shall include the following: by Afghanistan National Security Forces UDALL of Colorado, Ms. SNOWE, and Mr. (1) A description of the nature and proxi- personnel, Afghanistan National Security WICKER) submitted an amendment in- mate causes of the attacks described in sub- Forces impersonators, and private security tended to be proposed by her to the bill section (b), including the following:

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7052 CONGRESSIONAL RECORD — SENATE November 28, 2012 (A) An estimate of the number of such at- At the end of subtitle C of title VIII, add any options for addressing potential impedi- tacks on United States, Afghanistan, and co- the following: ments to the expansion of the pilot program alition military personnel since January 1, SEC. 847. PILOT PROGRAM ON PROCUREMENT OF if expansion is considered feasible and advis- 2007. DOMESTICALLY-PRODUCED ATH- able. (B) An estimate of the number of United LETIC FOOTWEAR FOR MEMBERS OF States, Afghanistan, and coalition personnel THE ARMY UNDERGOING INITIAL SA 3045. Ms. COLLINS (for herself, killed or wounded in such attacks. ENTRY TRAINING. Mr. KERRY, Mr. BROWN of Massachu- (a) PILOT PROGRAM REQUIRED.—Com- (C) The circumstances or conditions that setts, Mr. BLUMENTHAL, Mr. WHITE- mencing not later than 120 days after the may have influenced such attacks. HOUSE, Ms. SNOWE, and Mr. BROWN of (D) An assessment of the threat posed by date of the enactment of this Act, the Sec- retary of Defense shall carry out a pilot pro- Ohio) submitted an amendment in- infiltration, and a best assessment of the ex- tended to be proposed by her to the bill tent of infiltration by insurgents into the Af- gram to determine the feasibility and advis- ghanistan National Security Forces. ability of requiring that the athletic foot- S. 3254, to authorize appropriations for (E) A description of trends in the preva- wear used by Army recruits undergoing Ini- fiscal year 2013 for military activities lence of such attacks, including where such tial Entry Training complies with the do- of the Department of Defense, for mili- attacks occur, the political and ethnic affili- mestic source requirements in section 2533(a) tary construction, and for defense ac- ation of attackers, and the targets of of title 10, United States Code. tivities of the Department of Energy, attackers. (b) ELEMENTS.—In carrying out the pilot to prescribe military personnel program, the Secretary shall— (2) A description of the restrictions and strengths for such fiscal year, and for other actions taken by the United States and (1) ensure that Army recruits, upon begin- ning Initial Entry Training, are provided other purposes; which was ordered to North Atlantic Treaty Organization/Inter- lie on the table; as follows: national Security Assistance Force forces to with athletic footwear that complies with protect military and civilian personnel from the domestic source requirements referred to At the end of subtitle C of title VIII, add future insider attacks, including measures in in subsection (a), except that recruits may the following: predeployment training. be provided with athletic footwear that does SEC. 847. PILOT PROGRAM ON PROCUREMENT OF (3) A description of the actions taken by not comply with such domestic source re- DOMESTICALLY-PRODUCED ATH- LETIC FOOTWEAR FOR MEMBERS OF the Government of Afghanistan to prevent quirements if such footwear is medically re- quired to meet unique physiological needs THE ARMY UNDERGOING INITIAL and respond to insider attacks, including im- ENTRY TRAINING. that cannot be met with athletic footwear proved vetting practices. (a) PILOT PROGRAM REQUIRED.—Com- that complies with such requirements; (4) A description of the insider threat-re- mencing not later than 120 days after the lated factors that will influence the size and (2) designate the Under Secretary of De- date of the enactment of this Act, the Sec- scope of the post-2014 training mission for fense for Acquisition, Technology, and Logis- retary of Defense shall carry out a pilot pro- the Afghanistan National Security Forces. tics as responsible for the sourcing and dis- gram to determine the feasibility and advis- (5) An assessment of the impact of the in- tribution of athletic footwear produced in ability of requiring that the athletic foot- sider attacks in Afghanistan in 2012 on the compliance with such domestic source re- wear used by Army recruits undergoing Ini- overall transition strategy in Afghanistan quirements for purposes of the pilot pro- tial Entry Training complies with the do- and its prospects for success, including an gram; mestic source requirements in section 2533(a) assessment how such insider attacks im- (3) require that the Department of the of title 10, United States Code. pact— Army direct the appropriate program office (b) ELEMENTS.—In carrying out the pilot (A) partner operations between North At- to develop specifications for athletic foot- program, the Secretary shall— lantic Treaty Organization/International Se- wear to comply with such domestic source (1) ensure that Army recruits, upon begin- curity Assistance Force forces and Afghani- requirements; ning Initial Entry Training, are provided stan National Security Forces; (4) structure the pilot with the goal of in- with athletic footwear that complies with (B) training programs for the Afghanistan corporating products from multiple domestic the domestic source requirements referred to National Security Forces, including pro- suppliers of athletic footwear; and in subsection (a), except that recruits may posed training plans to be executed during (5) require that to the extent any of the be provided with athletic footwear that does the post-2014 training mission for the Af- specified components of the final footwear not comply with such domestic source re- ghanistan National Security Forces; products cannot be sourced domestically, quirements if such footwear is medically re- (C) United States Special Forces training necessary accommodations be made in ac- quired to meet unique physiological needs of the Afghan Local Police and its integra- cordance with the provisions of section that cannot be met with athletic footwear tion into the Afghanistan National Security 2533a(c) of title 10, United States Code. that complies with such requirements; Forces; and (c) DURATION.—The Secretary shall carry (2) designate the Under Secretary of De- (D) the willingness of North Atlantic Trea- out the pilot program for not fewer than fense for Acquisition, Technology, and Logis- ty Organization/International Security As- three years, and not more than five years, tics as responsible for the sourcing and dis- sistance Force allies to maintain forces in beginning on the date of the commencement tribution of athletic footwear produced in Afghanistan or commit to the post-2014 of the pilot program. compliance with such domestic source re- training mission for the Afghanistan Na- (d) REPORTS.—Not later than one year quirements for purposes of the pilot pro- tional Security Forces. after the commencement of the pilot, and gram; (6) An assessment of the impact that a re- every year thereafter while the pilot pro- (3) require that the Department of the duction in training and partnering would gram is being carried out, the Secretary Army direct the appropriate program office have on the independent capabilities of the shall submit to Congress a report on the to develop specifications for athletic foot- Afghanistan National Security Forces, and pilot program. Each report shall set forth wear to comply with such domestic source whether the training of the Afghanistan Na- the following: requirements; tional Security Forces should remain a key (1) In the case of the first report, a descrip- (4) structure the pilot with the goal of in- component of the United States and North tion of the measures taken to implement the corporating products from multiple domestic Atlantic Treaty Organization strategy in Af- contracting and acquisition structures nec- suppliers of athletic footwear; and ghanistan. essary to carry out the pilot program. (5) require that to the extent any of the (d) UNCLASSIFIED EXECUTIVE SUMMARY.— (2) A description and assessment of the do- specified components of the final footwear The report submitted under subsection (c) mestic industrial base response to the re- products cannot be sourced domestically, shall include an executive summary of the quirement for production of athletic foot- contents of the report in unclassified form. necessary accommodations be made in ac- wear for purposes of the pilot program. cordance with the provisions of section (3) A comparative analysis of the costs as- SA 3044. Ms. COLLINS (for herself, 2533a(c) of title 10, United States Code. sociated with the distribution of athletic (c) DURATION.—The Secretary shall carry Mr. KERRY, Mr. BROWN of Massachu- footwear under the pilot program with the out the pilot program for not fewer than setts, Mr. BLUMENTHAL, Mr. WHITE- costs associated with the distribution of ath- three years, and not more than five years, HOUSE, Ms. SNOWE, Mr. BROWN of Ohio, letic footwear for Army recruits before the beginning on the date of the commencement and Mr. REED) submitted an amend- commencement of the pilot program and of the pilot program. ment intended to be proposed by her to with the costs associated with the distribu- (d) REPORTS.—Not later than one year the bill S. 3254, to authorize appropria- tion of athletic footwear by the Armed after the commencement of the pilot, and tions for fiscal year 2013 for military Forces not participating in the pilot pro- every year thereafter while the pilot pro- activities of the Department of De- gram. gram is being carried out, the Secretary fense, for military construction, and (4) A description and assessment of the re- shall submit to Congress a report on the liability of the supply chain and inventory pilot program. Each report shall set forth for defense activities of the Depart- management for athletic footwear under the the following: ment of Energy, to prescribe military pilot program. (1) In the case of the first report, a descrip- personnel strengths for such fiscal (5) An assessment of the feasibility and ad- tion of the measures taken to implement the year, and for other purposes; which was visability of expanding the pilot program to contracting and acquisition structures nec- ordered to lie on the table; as follows: each other Armed Force, and a description of essary to carry out the pilot program.

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(2) A description and assessment of the do- ment or mobilization of a servicemember to (b) CLERICAL AMENDMENTS.— mestic industrial base response to the re- a location for a period of longer than 60 days (1) The heading of section 1414 of such title quirement for production of athletic foot- and not longer than 540 days pursuant to is amended to read as follows: wear for purposes of the pilot program. temporary or permanent official orders— ‘‘§ 1414. Members eligible for retired pay who (3) A comparative analysis of the costs as- ‘‘(1) that are designated as unaccompanied; are also eligible for veterans’ disability sociated with the distribution of athletic ‘‘(2) for which dependent travel is not au- compensation: concurrent payment of re- footwear under the pilot program with the thorized; or tired pay and disability compensation’’. costs associated with the distribution of ath- ‘‘(3) that otherwise do not permit the (2) The item relating to such section in the letic footwear for Army recruits before the movement of family members to that loca- table of sections at the beginning of chapter commencement of the pilot program and tion.’’. 71 of such title is amended to read as follows: with the costs associated with the distribu- (b) CLERICAL AMENDMENT.—The table of tion of athletic footwear by the Armed contents in section 1(b) of such Act is ‘‘1414. Members eligible for retired pay who Forces not participating in the pilot pro- amended by adding at the end of the items are also eligible for veterans’ gram. relating to title II the following new item: disability compensation: con- current payment of retired pay (4) A description and assessment of the re- ‘‘208. Child custody protection.’’. liability of the supply chain and inventory and disability compensation.’’. management for athletic footwear under the SA 3047. Mr. REID submitted an (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on pilot program. amendment intended to be proposed by (5) An assessment of the feasibility and ad- January 1, 2013, and shall apply to payments him to the bill S. 3254, to authorize ap- for months beginning on or after that date. visability of expanding the pilot program to propriations for fiscal year 2013 for each other Armed Force, and a description of SEC. 644. COORDINATION OF SERVICE ELIGI- any options for addressing potential impedi- military activities of the Department BILITY FOR COMBAT-RELATED SPE- of Defense, for military construction, CIAL COMPENSATION AND CONCUR- ments to the expansion of the pilot program RENT RECEIPT. if expansion is considered feasible and advis- and for defense activities of the De- (a) AMENDMENTS TO STANDARDIZE SIMILAR able. partment of Energy, to prescribe mili- PROVISIONS.— tary personnel strengths for such fiscal (1) QUALIFIED RETIREES.—Subsection (a) of SA 3046. Mr. BOOZMAN submitted an year, and for other purposes; which was amendment intended to be proposed by section 1414 of title 10, United States Code, ordered to lie on the table; as follows: as amended by section 643(a) of this Act, is him to the bill S. 3254, to authorize ap- At the end of subtitle D of title VI, add the further amended— propriations for fiscal year 2013 for following: (A) by striking ‘‘a member or’’ and all that military activities of the Department SEC. 643. CLARIFICATION OF COMPUTATION OF follows through ‘‘retiree’)’’ and inserting ‘‘a of Defense, for military construction, COMBAT-RELATED SPECIAL COM- qualified retiree’’; and and for defense activities of the De- PENSATION FOR CHAPTER 61 DIS- (B) by adding at the end the following new partment of Energy, to prescribe mili- ABILITY RETIREES. paragraph: tary personnel strengths for such fiscal (a) IN GENERAL.—Section 1413a(b)(3) of title ‘‘(2) QUALIFIED RETIREES.—For purposes of year, and for other purposes; which was 10, United States Code, is amended by strik- this section, a qualified retiree, with respect ing ‘‘shall be reduced by the amount (if any) to any month, is a member or former mem- ordered to lie on the table; as follows: by which the amount of the member’s retired ber of the uniformed services who— At the end of subtitle H of title X, add the pay under chapter 61 of this title exceeds’’ ‘‘(A) is entitled to retired pay (other by following: both places it appears and inserting ‘‘may reason of section 12731b of this title); and SEC. 1084. PROTECTION OF CHILD CUSTODY AR- not, when combined with the amount of re- ‘‘(B) is also entitled for that month to vet- RANGEMENTS FOR PARENTS WHO tired pay payable to the retiree after any erans’ disability compensation.’’. ARE MEMBERS OF THE UNIFORMED such reduction under sections 5304 and 5305 of SERVICES. (2) DISABILITY RETIREES.—Paragraph (2) of title 38, cause the total of such combined (a) CHILD CUSTODY PROTECTION.—Title II of subsection (b) of section 1414 of such title is payment to exceed’’. the Servicemembers Civil Relief Act (50 amended to read as follows: (b) EFFECTIVE DATE.—The amendments U.S.C. App. 521 et seq.) is amended by adding ‘‘(2) SPECIAL RULE FOR RETIREES WITH made by this section shall take effect on at the end the following new section: FEWER THAN 20 YEARS OF SERVICE.—The re- January 1, 2013, and shall apply to payments ‘‘SEC. 208. CHILD CUSTODY PROTECTION. tired pay of a qualified retiree who is retired for months beginning on or after that date. under chapter 61 of this title with fewer than ‘‘(a) RESTRICTION ON TEMPORARY CUSTODY 20 years of creditable service is subject to re- ORDER.—If a court renders a temporary order SA 3048. Mr. REID submitted an for custodial responsibility for a child based duction by the lesser of— solely on a deployment or anticipated de- amendment intended to be proposed by ‘‘(A) the amount of the reduction under ployment of a parent who is a servicemem- him to the bill S. 3254, to authorize ap- sections 5304 and 5305 of title 38; or ber, then the court shall require that, upon propriations for fiscal year 2013 for ‘‘(B) the amount (if any) by which the the return of the servicemember from de- military activities of the Department amount of the member’s retired pay under 1 ployment, the custody order that was in ef- of Defense, for military construction, such chapter exceeds the amount equal to 2 ⁄2 fect immediately preceding the temporary percent of the member’s years of creditable and for defense activities of the De- service multiplied by the member’s retired order shall be reinstated, unless the court partment of Energy, to prescribe mili- finds that such a reinstatement is not in the pay base under section 1406(b)(1) or 1407 of best interest of the child, except that any tary personnel strengths for such fiscal this title, whichever is applicable to the such finding shall be subject to subsection year, and for other purposes; which was member.’’. (b). ordered to lie on the table; as follows: (b) EFFECTIVE DATE.—The amendments ‘‘(b) EXCLUSION OF MILITARY SERVICE FROM At the end of subtitle D of title VI, add the made by this section shall take effect on DETERMINATION OF CHILD’S BEST INTEREST.— following: January 1, 2013, and shall apply to payments for months beginning on or after that date. If a motion or a petition is filed seeking a SEC. 643. ELIGIBILITY FOR PAYMENT OF BOTH permanent order to modify the custody of RETIRED PAY AND VETERANS’ DIS- SEC. 645. CLARIFICATION OF COMPUTATION OF the child of a servicemember, no court may ABILITY COMPENSATION FOR CER- COMBAT-RELATED SPECIAL COM- consider the absence of the servicemember TAIN MILITARY RETIREES WITH PENSATION FOR CHAPTER 61 DIS- by reason of deployment, or the possibility COMPENSABLE SERVICE-CON- ABILITY RETIREES. of deployment, as the sole factor in deter- NECTED DISABILITIES. (a) IN GENERAL.—Section 1413a(b)(3) of title mining the best interest of the child. (a) EXTENSION OF CONCURRENT RECEIPT AU- 10, United States Code, is amended by strik- ‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF THORITY TO RETIREES WITH SERVICE-CON- ing ‘‘shall be reduced by the amount (if any) ACTION OR REMOVAL.—Nothing in this sec- NECTED DISABILITIES RATED LESS THAN 50 by which the amount of the member’s retired tion shall create a Federal right of action or PERCENT.— pay under chapter 61 of this title exceeds’’ otherwise give rise to Federal jurisdiction or (1) REPEAL OF 50 PERCENT REQUIREMENT.— both places it appears and inserting ‘‘may create a right of removal. Section 1414 of title 10, United States Code, not, when combined with the amount of re- ‘‘(d) PREEMPTION.—In any case where State is amended by striking paragraph (2) of sub- tired pay payable to the retiree after any law applicable to a child custody proceeding section (a). such reduction under sections 5304 and 5305 of involving a temporary order as contemplated (2) COMPUTATION.—Paragraph (1) of sub- title 38, cause the total of such combined in this section provides a higher standard of section (c) of such section is amended by payment to exceed’’. protection to the rights of the parent who is adding at the end the following new subpara- (b) EFFECTIVE DATE.—The amendments a deploying servicemember than the rights graph: made by this section shall take effect on provided under this section with respect to ‘‘(G) For a month for which the retiree re- January 1, 2013, and shall apply to payments such temporary order, the appropriate court ceives veterans’ disability compensation for for months beginning on or after that date. shall apply the higher State standard. a disability rated as 40 percent or less or has ‘‘(e) DEPLOYMENT DEFINED.—In this sec- a service-connected disability rated as zero SA 3049. Mr. UDALL of New Mexico tion, the term ‘deployment’ means the move- percent, $0.’’. (for himself, Mr. CORKER, Mr. SCHUMER,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7054 CONGRESSIONAL RECORD — SENATE November 28, 2012 Ms. SNOWE, Mr. BINGAMAN, Mrs. Affairs shall submit to Congress the follow- (5) An identification and assessment of any MCCASKILL, Mr. WYDEN, and Mr. up report prepared under paragraph (1)(B). capability gaps within the Afghanistan secu- MERKLEY) submitted an amendment in- (3) COOPERATION BY SECRETARY OF DE- rity forces that will impact their ability to tended to be proposed by him to the FENSE.— conduct operations following such change in bill S. 3254, to authorize appropriations (A) IN GENERAL.—The Secretary of Defense levels. shall cooperate with the Secretary of Vet- (6) An identification and assessment of the for fiscal year 2013 for military activi- erans Affairs and the organization with risk associated with the transition of combat ties of the Department of Defense, for whom the Secretary of Veterans Affairs en- responsibilities to the Afghanistan security military construction, and for defense ters into an agreement under paragraph (1) forces following such change in levels. activities of the Department of Energy, in the preparation of the reports required by (7) An assessment of the impact of such to prescribe military personnel such paragraph. change in levels on coalition military con- strengths for such fiscal year, and for (B) PROVISION OF DATA.—In cooperating as tributions to the mission in Afghanistan. other purposes; which was ordered to required by subparagraph (A), the Secretary (8) A description of the assumptions to be lie on the table; as follows: of Defense shall provide the Secretary of in force regarding the security situation in Veterans Affairs and the organization de- Afghanistan following such change in levels. At the end of subtitle H of title X, add the scribed in such subparagraph with any and (9) Such other matters regarding such following: all data that is possessed or obtainable by change in levels as the Chairman considers SEC. 1084. ESTABLISHMENT OF OPEN BURN PIT the Secretary of Defense that is relevant to appropriate. REGISTRY. the preparation of the reports required by (a) ESTABLISHMENT OF REGISTRY.—Not later than 270 days after the date of the en- paragraph (1). SA 3051. Mr. MCCAIN (for himself, (c) DEFINITIONS.—In this section: actment of this Act, the Secretary of Vet- Mr. PORTMAN, Mr. WEBB, Mr. INHOFE, (1) ELIGIBLE INDIVIDUAL.—The term ‘‘eligi- erans Affairs shall— Ms. AYOTTE, Mr. BROWN of Massachu- ble individual’’ means any individual who, on (1) establish and maintain an open burn pit or after September 11, 2001— setts, and Mr. CORNYN) submitted an registry for eligible individuals who may (A) was deployed in support of a contin- amendment intended to be proposed by have been exposed to toxic airborne chemi- gency operation while serving in the Armed him to the bill S. 3254, to authorize ap- cals and fumes caused by open burn pits; Forces; and (2) include any information in such reg- propriations for fiscal year 2013 for (B) during such deployment, was based or istry that the Secretary of Veterans Affairs military activities of the Department stationed at a location where an open burn determines necessary to ascertain and mon- of Defense, for military construction, pit was used. itor the health effects of the exposure of and for defense activities of the De- (2) OPEN BURN PIT.—The term ‘‘open burn members of the Armed Forces to toxic air- partment of Energy, to prescribe mili- pit’’ means an area of land located in Af- borne chemicals and fumes caused by open ghanistan or Iraq that— tary personnel strengths for such fiscal burn pits; (A) is designated by the Secretary of De- year, and for other purposes; as fol- (3) develop a public information campaign fense to be used for disposing solid waste by lows: to inform eligible individuals about the open burning in the outdoor air; and burn pit registry, including how to register At the end of subtitle A of title IV, add the (B) does not contain a commercially manu- and the benefits of registering; and following: factured incinerator or other equipment spe- (4) periodically notify eligible individuals SEC. 402. ADDITIONAL MARINE CORPS PER- cifically designed and manufactured for the of significant developments in the study and SONNEL FOR THE MARINE CORPS burning of solid waste. treatment of conditions associated with ex- SECURITY GUARD PROGRAM. (a) ADDITIONAL PERSONNEL.— posure to toxic airborne chemicals and Mr. MCCAIN submitted an SA 3050. (1) IN GENERAL.—The Secretary of Defense fumes caused by open burn pits. amendment intended to be proposed by (b) REPORT TO CONGRESS.— shall develop and implement a plan which (1) REPORTS BY INDEPENDENT SCIENTIFIC OR- him to the bill S. 3254, to authorize ap- shall increase the number of Marine Corps GANIZATION.—The Secretary of Veterans Af- propriations for fiscal year 2013 for personnel assigned to the Marine Corps Em- fairs shall enter into an agreement with an military activities of the Department bassy Security Group at Quantico, Virginia, independent scientific organization to pre- of Defense, for military construction, and Marine Security Group Regional Com- pare reports as follows: and for defense activities of the De- mands and Marine Security Group detach- (A) Not later than two years after the date partment of Energy, to prescribe mili- ments at United States missions around the on which the registry under subsection (a) is tary personnel strengths for such fiscal world by up to 1,000 Marines during fiscal established, an initial report containing the year, and for other purposes; which was years 2014 through 2017. (2) PURPOSE.—The purpose of the increase following: ordered to lie on the table; as follows: (i) An assessment of the effectiveness of under paragraph (1) shall be to provide the actions taken by the Secretaries to collect At the end of subtitle C of title XV, add the end strength and resources necessary to sup- and maintain information on the health ef- following: port an increase in Marine Corps security at fects of exposure to toxic airborne chemicals SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- United States consulates and embassies and fumes caused by open burn pits. SESSMENTS ON CHANGES IN UNITED throughout the world, and in particular at STATES TROOP LEVELS IN AFGHANI- (ii) Recommendations to improve the col- STAN. locations identified by the Secretary of State as in need of increased security in lection and maintenance of such informa- (a) SUBMITTAL REQUIRED.—Not later than tion. 30 days after a decision by the President to light of threats to United States personnel (iii) Using established and previously pub- change the levels of United States Armed and property by terrorists. lished epidemiological studies, recommenda- Forces deployed in Afghanistan, the Chair- (b) CONSULTATION.—The Secretary of De- tions regarding the most effective and pru- man of the Joint Chiefs of Staff shall submit fense shall develop and implement the plan dent means of addressing the medical needs to the congressional defense committees a required by subsection (a) in consultation of eligible individuals with respect to condi- detailed assessment of the risk posed by such with the Secretary of State pursuant to the tions that are likely to result from exposure change in levels to the United States mission responsibility of the Secretary of State for to open burn pits. and interests in Afghanistan. diplomatic security under section 103 of the (B) Not later than five years after com- (b) ELEMENTS.—The risk assessment under Diplomatic Security Act (22 U.S.C. 4802), and pleting the initial report described in sub- subsection (a) on a change in levels of United in accordance with any current memo- paragraph (A), a follow-up report containing States Armed Forces in Afghanistan shall in- randum of understanding between the De- the following: clude the following: partment of State and the Marine Corps on (i) An update to the initial report described (1) A description of the current security the operational and administrative super- in subparagraph (A). situation in Afghanistan. vision of the Marine Corps Security Guard (ii) An assessment of whether and to what (2) A description of any anticipated Program. degree the content of the registry estab- changes to United States military operations (c) FUNDING.— lished under subsection (a) is current and and objectives in Afghanistan resulting from (1) BUDGET REQUESTS.—The budget of the scientifically up-to-date. such change in levels. President for each fiscal year after fiscal (2) SUBMITTAL TO CONGRESS.— (3) An identification and assessment of any year 2013, as submitted to Congress pursuant (A) INITIAL REPORT.—Not later than two changes in United States military capabili- to section 1105(a) of title 31, United States years after the date on which the registry ties, including manpower, logistics, intel- Code, shall set forth as separate line ele- under subsection (a) is established, the Sec- ligence, and mobility support, in Afghani- ments, under the amounts requested for such retary of Veterans Affairs shall submit to stan resulting from such change in levels. fiscal year for each of procurement, oper- Congress the initial report prepared under (4) An identification and assessment of the ation and maintenance, and military per- paragraph (1)(A). risk associated with any changes in United sonnel to fully fund each of the following: (B) FOLLOW-UP REPORT.—Not later than States military capabilities, operations, and (A) The Marine Corps. five years after submitting the report under objectives in Afghanistan resulting from (B) The Marine Corps Security Guard Pro- subparagraph (A), the Secretary of Veterans such change in levels. gram, including for the additional personnel

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7055 under the Marine Corps Security Guard Pro- propriations for fiscal year 2013 for (2) CONTENT.—The report required under gram as result of the plan required by sub- military activities of the Department paragraph (1) shall include the following ele- section (a). of Defense, for military construction, ments: (2) PRESERVATION OF FUNDING FOR USMC and for defense activities of the De- (A) A description of the elements set forth under subsection (a)(1). UNDER NATIONAL MILITARY STRATEGY.—In de- partment of Energy, to prescribe mili- termining the amounts to be requested for a (B) A description of the assumptions used fiscal year for the Marine Corps Security tary personnel strengths for such fiscal in the examination, including assumptions Guard Program and for additional personnel year, and for other purposes; which was relating to— under the Marine Corps Security Guard Pro- ordered to lie on the table; as follows: (i) the status of readiness of the Armed gram under paragraph (1), the President At the end of subtitle F of title X, add the Forces; shall ensure that amounts requested for the following: (ii) the cooperation of allies, mission-shar- Marine Corps for that fiscal year do not de- SEC. 1064. REPORT ON MILITARY RESOURCES ing, and additional benefits to and burdens grade the readiness of the Marine Corps to NECESSARY TO EXECUTE UNITED on the Armed Forces resulting from coali- fulfill the requirements of the National Mili- STATES FORCE POSTURE STRATEGY tion operations; tary Strategy. IN THE ASIA PACIFIC REGION. (iii) warning times; (d) REPORTS.— (a) REVIEW REQUIRED.— (iv) levels of engagement in operations (1) REPORTS ON PROGRAM.—Not later than (1) IN GENERAL.—The Secretary of Defense other than war and smaller-scale contin- October 1, 2014, and annually thereafter shall, in consultation with the Chairman of gencies and withdrawal from such operations through October 1, 2017, the Secretary of De- the Joint Chiefs of Staff, conduct a com- and contingencies; fense shall, in coordination with the Sec- prehensive review of the national defense (v) the intensity, duration, and military retary of State, submit to Congress a report strategy, force structure, force moderniza- and political end-states of conflicts and on the Marine Corps Security Guard Pro- tion plans, infrastructure, budget plan, and smaller-scale contingencies; and gram. Each report shall include the fol- other elements of the defense program and (vi) the roles and responsibilities that lowing: policies of the United States with regard to would be discharged by contractors. (A) A description of the expanded security the Asia Pacific region to determine the re- (C) Any other matters the Secretary of De- support provided by Marine Corps Security sources, equipment, and transportation re- fense considers appropriate. Guards to the Department of State during quired to meet the strategic and operational (D) The assessment of the Chairman of the the fiscal year ending on the date of such re- plans of the United States. Joint Chiefs of Staff under subsection (b), in- port, including— (2) ELEMENTS.—The review required under cluding related comments of the Secretary (i) any increased internal security provided paragraph (1) shall include the following ele- of Defense. at United States embassies and consulates ments: (3) FORM.—The report required under para- throughout the world; (A) The force structure, force moderniza- graph (1) may be submitted in classified or (ii) any increased support for emergency tion plans, infrastructure, budget plan, and unclassified form. action planning, training, and advising of other elements of the defense program of the host nation security forces; and United States associated with the Asia Pa- SA 3053. Mr. MCCAIN (for himself, (iii) any expansion of intelligence collec- cific region that would be required to exe- Mrs. FEINSTEIN, Mr. NELSON of Florida, tion activities. cute successfully the full range of missions Mr. JOHANNS, and Mrs. BOXER) sub- (B) A description of the current status of called for in the national defense strategy. mitted an amendment intended to be Marine Corps personnel assigned to the Pro- (B) An estimate of the timing for initial proposed by him to the bill S. 3254, to gram as a result of the plan required by sub- and final operational capability for each unit authorize appropriations for fiscal year section (a). based in, realigned within, or identified for 2013 for military activities of the De- support to the Asia Pacific region. (C) A description of the Department of De- partment of Defense, for military con- fense resources required in the fiscal year (C) An assessment of the strategic and tac- tical sea, ground, and air transportation re- struction, and for defense activities of ending on the date of such report to support the Department of Energy, to prescribe the Marine Corps Security Guard program, quired for the forces assigned to the Asia Pa- including total end strength and key sup- cific region to meet strategic and oper- military personnel strengths for such porting programs that enable both its cur- ational plans. fiscal year, and for other purposes; rent and expanded mission during such fiscal (D) The specific capabilities, including the which was ordered to lie on the table; year. general number and type of specific military as follows: (D) A reassessment of the mission of the platforms, their permanent station, and At the end of subtitle H of title X, add the Program, as well as procedural rules of en- planned forward operating locations needed following: to achieve the strategic and warfighting ob- gagement under the Program, in light of cur- SEC. 1084. TRANSFER OF EXCESS AIRCRAFT FOR rent and emerging threats to United States jectives identified in the review. WILDFIRE SUPPRESSION PURPOSES. diplomatic personnel, and a description and (E) The forward presence, phased deploy- (a) TRANSFER.—Subject to subsection (c), assessment of options to improve the Pro- ments, pre-positioning, and other antici- the Secretary of Defense shall transfer ex- gram to respond to such threats. patory deployments of manpower or military cess aircraft specified in subsection (b) to (E) An assessment of the feasibility and ad- equipment necessary for conflict deterrence the Secretary of Agriculture for use by the visability of authorizing, funding, and ad- and adequate military response to antici- Forest Service for wildfire suppression pur- ministering the Program as a separate pro- pated conflicts. poses. The transfer of any excess aircraft gram within the Marine Corps, and if such (F) The budget plan that would be required under this subsection shall be without reim- actions are determined to be feasible and ad- to provide sufficient resources to execute bursement. visable, recommendations for legislative and successfully the full range of missions and (b) AIRCRAFT.— administrative actions to provide for author- phased operations in the Asia Pacific region (1) IN GENERAL.—The aircraft transferred izing, funding, and administering the Pro- at a low-to-moderate level of risk and any under subsection (a) are aircraft of the De- gram as a separate program within the Ma- additional resources (beyond those pro- partment of Defense that are— rine Corps. grammed in the current future-years defense (A) identified by the Forest Service as a (2) REPORT ON CHANGES IN SCOPE OF PRO- program) required to achieve such a level of suitable platform for wildfire suppression GRAM IN RESPONSE TO CHANGING THREATS.—If risk. missions; the President determines that a modifica- (G) Budgetary recommendations that are (B) subject to paragraph (2), excess to the tion (whether an increase or a decrease) in not constrained to comply with and are fully needs of the Department of Defense, as deter- the scope of the Marine Corps Security independent of the budget submitted to Con- mined by the Secretary of Defense; and Guard Program is necessary or advisable in gress by the President pursuant to section (C) acceptable for use by the Forest Serv- light of any change in the nature of threats 1105 of title 31, United States Code. ice, as determined by the Secretary of Agri- (b) CJCS REVIEW.—Upon the completion of to United States embassies, consulates and culture. the review under subsection (a), the Chair- other diplomatic facilities abroad, the Presi- (2) LIMITATION ON DETERMINATION AS EX- man of the Joint Chiefs of Staff shall prepare dent shall— CESS.—Aircraft may not be determined to be and submit to the Secretary of Defense the (A) notify Congress of such modification excess for purposes of this subsection if such Chairman’s assessment of the review, includ- aircraft are expressly prohibited from being and the change in the nature of threats ing the Chairman’s assessment of risk and a prompting such modification; and determined excess by law. description of the capabilities needed to ad- (c) PRIORITY IN TRANSFER.—The Secretary (B) take such modification into account in dress such risk. of Agriculture shall be afforded a priority in requesting an end strength and funds for the (c) REPORT.— the transfer under subsection (a) of excess Program for any fiscal year in which such (1) IN GENERAL.—Not later than one year aircraft of the Department of Defense speci- modification is in effect. after the date of the enactment of this Act, fied in subsection (b) before any other de- the Secretary of Defense shall submit to the partment or agency of the Federal Govern- SA 3052. Mr. MCCAIN submitted an congressional defense committees a report ment. amendment intended to be proposed by on the results of the review required under (d) CONDITIONS OF TRANSFER.—Excess air- him to the bill S. 3254, to authorize ap- subsection (a). craft transferred under subsection (a)—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7056 CONGRESSIONAL RECORD — SENATE November 28, 2012 (1) may be used only for wildfire suppres- the retired list of the Air Force under sub- (8) A description of mechanisms that the sion purposes; and section (a) shall not affect the retired pay or Department of Defense utilizes to maintain a (2) may not be flown or otherwise removed other benefits from the United States to connection to Foreign Area Officer program from the United States unless dispatched by which Charles E. Yeager is now or may in alumni and a discussion on the effectiveness the National Interagency Fire Center in sup- the future be entitled based upon his mili- of each mechanism. port of an international agreement to assist tary service or affect any benefits to which (c) RECOMMENDATIONS.—The report sub- in wildfire suppression efforts or for other any other person may become entitled based mitted under subsection (a) shall include purposes approved by the Secretary of Agri- on his service. recommendations for any legislation nec- culture in writing in advance. essary to enhance the Foreign Area Officer (e) EXPIRATION OF AUTHORITY.—The author- SA 3056. Mrs. HAGAN submitted an program in support of the newly articulated ity to transfer excess aircraft under sub- amendment intended to be proposed by rebalance to the Asia-Pacific. section (a) shall expire on December 31, 2013. her to the bill S. 3254, to authorize ap- SA 3058. Mrs. GILLIBRAND (for her- SEC. 1085. REAUTHORIZATION OF SALE OF AIR- propriations for fiscal year 2013 for self, Mr. LIEBERMAN, Mr. BLUMENTHAL, CRAFT AND PARTS FOR WILDFIRE military activities of the Department SUPPRESSION PURPOSES. Mr. KERRY, Mr. BROWN of Massachu- of Defense, for military construction, Section 2 of the Wildfire Suppression Air- setts, Mr. BEGICH, Mr. MENENDEZ, Mr. and for defense activities of the De- craft Transfer Act of 1996 (10 U.S.C. 2576 SANDERS, Mr. AKAKA, Ms. MIKULSKI, note) is amended— partment of Energy, to prescribe mili- Mr. LEAHY, and Mr. BROWN of Ohio) (1) in subsection (a), by striking ‘‘during tary personnel strengths for such fiscal the period beginning on October 1, 1996, and submitted an amendment intended to year, and for other purposes; which was be proposed by her to the bill S. 3254, to ending on September 30, 2005’’ and inserting ordered to lie on the table; as follows: ‘‘during a period specified in subsection (g)’’; authorize appropriations for fiscal year (2) by redesignating subsection (g) as sub- At the end of subtitle B of title II, add the 2013 for military activities of the De- section (h); and following: partment of Defense, for military con- (3) by inserting after subsection (f) the fol- SEC. 216. EXTENSION OF AUTHORITY TO AWARD struction, and for defense activities of lowing new subsection (g): PRIZES FOR ADVANCED TECH- NOLOGY ACHIEVEMENTS. the Department of Energy, to prescribe ‘‘(g) PERIODS FOR EXERCISE OF AUTHOR- Section 2374a(f) of title 10, United States military personnel strengths for such ITY.—The periods specified in this subsection Code, is amended by striking ‘‘September 30, are the following: fiscal year, and for other purposes; 2013’’ and inserting ‘‘September 30, 2014’’. ‘‘(1) The period beginning on October 1, which was ordered to lie on the table; as follows: 1996, and ending on September 30, 2005. SA 3057. Mr. CASEY (for himself and ‘‘(2) The period beginning on October 1, At the end of subtitle A of title VII, add Mr. WARNER) submitted an amendment 2012, and ending on September 30, 2017.’’. the following: intended to be proposed by him to the SEC. 704. CERTAIN TREATMENT OF AUTISM SA 3054. Mr. MCCAIN submitted an bill S. 3254, to authorize appropriations UNDER THE TRICARE PROGRAM. amendment intended to be proposed by for fiscal year 2013 for military activi- (a) CERTAIN TREATMENT OF AUTISM.— him to the bill S. 3254, to authorize ap- ties of the Department of Defense, for (1) IN GENERAL.—Chapter 55 of title 10, propriations for fiscal year 2013 for military construction, and for defense United States Code, is amended by inserting military activities of the Department activities of the Department of Energy, after section 1077 the following new section: of Defense, for military construction, to prescribe military personnel ‘‘§ 1077a. Treatment of autism under the and for defense activities of the De- strengths for such fiscal year, and for TRICARE program partment of Energy, to prescribe mili- other purposes; which was ordered to ‘‘(a) IN GENERAL.—Except as provided in subsection (c), for purposes of providing tary personnel strengths for such fiscal lie on the table; as follows: health care services under this chapter, the year, and for other purposes; which was At the end of subtitle F of title X, add the treatment of autism spectrum disorders ordered to lie on the table; as follows: following: shall include behavioral health treatment, At the end of subtitle C of title X, add the SEC. 1064. REPORT ON FOREIGN AREA OFFICER including applied behavior analysis, when following: PROGRAM. prescribed by a physician. SEC. 1024. NOTICE TO CONGRESS AND WAIT ON (a) STUDY AND REPORT REQUIRED.—Not ‘‘(b) REQUIREMENTS IN PROVISION OF SERV- PROPOSALS TO NAME NAVAL VES- later than 180 days after the date of the en- ICES.—In carrying out subsection (a), the SELS. actment of this Act, the Secretary of De- Secretary of Defense shall ensure that— Section 7292 of title 10, United States Code, fense shall conduct a study and submit to ‘‘(1) except as provided by paragraph (2), a is amended by adding at the end the fol- the congressional defense committees a re- person who is authorized to provide behav- lowing new subsection: port on the Foreign Area Officer program ioral health treatment is licensed or cer- ‘‘(d) The Secretary of the Navy may not and implications of the strategic rebalance tified by a State or accredited national cer- announce or implement any proposal to to the Asia-Pacific region. tification board; and name a vessel of the Navy until 30 days after (b) MATTERS COVERED.—The study and re- ‘‘(2) if applied behavior analysis or other the date on which the Secretary submits to port required under subsection (a) shall behavioral health treatment is provided by the Committees on Armed Services of the cover the following matters: an employee or contractor of a person de- Senate and the House of Representatives a (1) The number of military personnel in the scribed in paragraph (1), the employee or report setting forth such proposal.’’. Foreign Area Officer program by country contractor shall meet minimum qualifica- and service in each combatant commander’s tions, training, and supervision requirements SA 3055. Mr. MANCHIN (for himself area of responsibility. as set forth by the Secretary who shall en- and Mrs. BOXER) submitted an amend- (2) The number of women and minorities sure that covered beneficiaries have appro- ment intended to be proposed by him within the Foreign Area Officer Program. priate access to care in accordance with best to the bill S. 3254, to authorize appro- (3) Planned actions to address the 30 per- practice guidelines. priations for fiscal year 2013 for mili- cent shortage of Foreign Area Officer per- ‘‘(c) EXCLUSIONS.—Subsection (a) shall not tary activities of the Department of sonnel fill rates in the United States Pacific apply to the following: Command, the United States Africa Com- Defense, for military construction, and ‘‘(1) Covered beneficiaries under this chap- mand, and the United States Special Oper- ter who are entitled to hospital insurance for defense activities of the Depart- ations Command. benefits under part A of title XVIII of the ment of Energy, to prescribe military (4) A forecast of future Foreign Area Offi- Social Security Act. personnel strengths for such fiscal cer requirements. ‘‘(2) Covered beneficiaries under this chap- year, and for other purposes; which was (5) A listing of the Department of Defense ter who are former members, dependents of ordered to lie on the table; as follows: programs with objectives similar to the For- former members, or survivors of any uni- At the end of subtitle H of title V, add the eign Area Officer program and a discussion formed service not under the jurisdiction of following: of how they complement or are distinct from the Department of Defense. the Foreign Area Officer program. ‘‘(d) CONSTRUCTION WITH OTHER BENE- SEC. 585. ADVANCEMENT OF BRIGADIER GEN- ERAL CHARLES E. YEAGER, UNITED (6) Planned actions to ensure Foreign Area FITS.—(1) Nothing in this section shall be STATES AIR FORCE (RETIRED), ON Officers maintain the skills acquired construed as limiting or otherwise affecting THE RETIRED LIST. through the program when serving in a non- the benefits otherwise provided under this (a) ADVANCEMENT.—Brigadier General Foreign Area Officer capacity, including lan- chapter to a covered beneficiary who is a Charles E. Yeager, United States Air Force guage skills, cultural understanding, and re- beneficiary by virtue of— (retired), is entitled to hold the rank of gional knowledge. ‘‘(A) service in the Coast Guard, the Com- major general while on the retired list of the (7) Planned actions in creating a Foreign missioned Corp of the National Oceanic and Air Force. Area Officer Reserve Corps across all serv- Atmospheric Administration, or the Com- (b) ADDITIONAL BENEFITS NOT TO ACCRUE.— ices that is fully trained and capable of car- missioned Corp of the Public Health Service; The advancement of Charles E. Yeager on rying out Foreign Area Officer missions. or

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7057 ‘‘(B) being a dependent of a member of a SEC. 1084. PILOT PROGRAM ON PROVIDING VET- him to the bill S. 3254, to authorize ap- service described in subparagraph (A). ERANS WITH ACCESS AT ONE-STOP propriations for fiscal year 2013 for CENTERS TO INTERNET WEBSITES ‘‘(2) Nothing in this section shall be con- military activities of the Department strued as limiting or otherwise affecting the TO FACILITATE ONLINE JOB SEARCHES. of Defense, for military construction, benefits provided to a medicare-eligible ben- (a) IN GENERAL.—Not later than 90 days eficiary under— and for defense activities of the De- after the date of the enactment of this Act, ‘‘(A) this chapter; partment of Energy, to prescribe mili- the Secretary of Labor shall commence a ‘‘(B) part A of title XVIII of the Social Se- tary personnel strengths for such fiscal pilot program to assess the feasibility and curity Act (42 U.S.C. 1395c et seq.); or year, and for other purposes; which was advisability of providing veterans seeking ‘‘(C) any other law.’’. employment with access to computing facili- ordered to lie on the table; as follows: (2) CLERICAL AMENDMENT.—The table of ties to facilitate the access of such veterans At the end of subtitle D of title XII, insert sections at the beginning of chapter 55 of to Internet websites that— the following: such title is amended by inserting after the (1) match such veterans with available jobs SEC. 1246. CONTINGENT LIMITATION ON AVAIL- item relating to section 1077 the following based on the skills the veterans acquired as ABILITY OF FUNDS FOR UNITED new item: STATES PARTICIPATION IN JOINT members of the Armed Forces; and MILITARY EXERCISES WITH EGYPT. ‘‘1077a. Treatment of autism under the (2) allow employers to post information TRICARE program.’’. (a) LIMITATION.—None of the funds author- about available jobs. ized to be appropriated by this Act may be (b) FUNDING.— (b) DURATION.—The pilot program required made used for United States participation in (1) INCREASE.—The amount authorized to by subsection (a) shall be carried out during joint military exercises with Egypt if the be appropriated for fiscal year 2013 by sec- the one-year period beginning on the date on Government of Egypt abrogates, terminates, tion 1406 and available for the Defense which the Secretary commences the pilot or withdraws from the 1979 Egypt-Israel Health Program for Private Sector Care as program. peace treaty signed at Washington, D.C., on specified in the funding table in section 4501 (c) LOCATIONS.—The pilot program shall be March 26, 1979. is hereby increased by $30,000,000, with the carried out at such one-stop centers and such (b) WAIVER.—The President may waive the amount of the increase to be available for other locations as the Secretary of Labor limitation in subsection (a) if the President the provision of care in accordance with sec- considers appropriate for purposes of the certifies to Congress in writing that the tion 1077a of title 10, United States Code (as pilot program. waiver is in the national security interests added by subsection (a)). (d) ASSISTANCE WITH USE OF INTERNET of the United States. (2) OFFSET.—The amount authorized to be WEBSITES.— appropriated for fiscal year 2013 by section (1) IN GENERAL.—Under the pilot program, SA 3062. Mr. TOOMEY submitted an 301 for Operation and Maintenance and avail- the Secretary of Labor shall provide each amendment intended to be proposed by able as specified in the funding table in sec- veteran using computing facilities made him to the bill S. 3254, to authorize ap- tion 4301 is hereby reduced by $30,000,000. available under the pilot program with as- propriations for fiscal year 2013 for sistance in using such facilities to find em- SA 3059. Mr. TOOMEY submitted an ployment via Internet websites described in military activities of the Department amendment intended to be proposed by subsection (a). of Defense, for military construction, him to the bill S. 3254, to authorize ap- (2) DISABLED VETERANS’ OUTREACH PROGRAM and for defense activities of the De- propriations for fiscal year 2013 for SPECIALISTS AND LOCAL VETERANS’ EMPLOY- partment of Energy, to prescribe mili- military activities of the Department MENT REPRESENTATIVES.—Each State that tary personnel strengths for such fiscal employs a disabled veterans’ outreach pro- of Defense, for military construction, year, and for other purposes; which was gram specialist under section 4103A of title ordered to lie on the table; as follows: and for defense activities of the De- 38, United States Code, or a local veterans’ At the end of subtitle E of title VIII, add partment of Energy, to prescribe mili- employment representative under section the following: tary personnel strengths for such fiscal 4104 of such title shall make such employees available to the Secretary of Labor for pur- SEC. 888. INCLUSION OF INFORMATION ON COM- year, and for other purposes; which was MON GROUNDS FOR SUSTAINING ordered to lie on the table; as follows: poses of providing assistance under para- BID PROTESTS IN ANNUAL GOVERN- At the end of subtitle F of title X, add the graph (1). MENT ACCOUNTABILITY OFFICE RE- following: (e) REPORT.—Not later than 455 days after PORTS TO CONGRESS. the date of the enactment of this Act, the The Comptroller General of the United SEC. 1064. REPORT ON ESTABLISHMENT OF Secretary of Labor shall submit to the Com- JOINT ARMED FORCES HISTORICAL States shall include in the annual report to STORAGE AND PRESERVATION FA- mittee on Veterans’ Affairs and the Com- Congress on the Government Accountability CILITY. mittee on Heath, Education, Labor, and Pen- Office each year a list of the most common Not later than 180 days after the date of sions of the Senate and the Committee on grounds for sustaining protests relating to the enactment of this Act, the Secretary of Veterans’ Affairs and the Committee on Edu- bids for contracts during such year. Defense shall submit to the congressional de- cation and the Workforce of the House of fense committees a report setting forth an Representatives a report on the pilot pro- SA 3063. Mr. TOOMEY submitted an assessment of the feasability and advis- gram that includes the findings of the Sec- amendment intended to be proposed by ability of establishing a joint Armed Forces retary with respect to the feasibility and ad- him to the bill S. 3254, to authorize ap- historical storage and preservation facility. visability of providing computing facilities propriations for fiscal year 2013 for The report shall include a description and as- as described in subsection (a) with assistance military activities of the Department sessment of the current capacities and quali- as described in subsection (d) at all one-stop of Defense, for military construction, ties of the historical storage and preserva- centers. (f) FUNDING.—Amounts made available to and for defense activities of the De- tion facilities of each of the Armed Forces, partment of Energy, to prescribe mili- including the following: the Secretary of Labor to make grants or (1) An identification of any excess capacity contracts under section 4102A(b)(5) of title tary personnel strengths for such fiscal at any such facility. 38, United States Code, shall be available to year, and for other purposes; which was (2) An identification of any shortfalls in the Secretary to carry out the pilot program ordered to lie on the table; as follows: the capacity or quality of such facilities of required by subsection (a). At the end of subtitle C of title XV, add the any Armed Force, and a description of pos- (g) ONE-STOP CENTER DEFINED.—In this sec- following: sible actions to address such shortfalls. tion, the term ‘‘one-stop center’’ means a SEC. 1536. SENSE OF SENATE THAT THE UNITED center described in section 134(c) of the STATES SHOULD LEAVE NO MEMBER SA 3060. Mr. TOOMEY (for himself Workforce Investment Act of 1998 (29 U.S.C. OF THE ARMED FORCES UNAC- and Mr. BURR) submitted an amend- 2864(c)). COUNTED FOR IN THE WITHDRAWAL OF FORCES FROM AFGHANISTAN. ment intended to be proposed by him SEC. 1085. REPEAL OF REQUIREMENT FOR AN- NUAL REPORT BY SECRETARY OF (a) FINDINGS.—The Senate makes the fol- to the bill S. 3254, to authorize appro- VETERANS AFFAIRS ON USE OF AU- lowing findings: priations for fiscal year 2013 for mili- THORITIES TO ENHANCE RETEN- (1) The United States is a Nation of great tary activities of the Department of TION OF EXPERIENCED NURSES. honor and integrity. Defense, for military construction, and (a) IN GENERAL.—Section 7324 of title 38, (2) The United States has made a sacred for defense activities of the Depart- United States Code, is hereby repealed. promise to members of the Armed Forces (b) CLERICAL AMENDMENT.—The table of who are deployed overseas in defense of this ment of Energy, to prescribe military sections at the beginning of chapter 73 of personnel strengths for such fiscal country that their sacrifice and service will such title is amended by striking the item never be forgotten. year, and for other purposes; which was relating to section 7324. (3) The United States can never thank the ordered to lie on the table; as follows: proud members of the Armed Forces enough At the end of subtitle H of title X, add the SA 3061. Mr. TOOMEY submitted an for what they do for this country on a daily following: amendment intended to be proposed by basis.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7058 CONGRESSIONAL RECORD — SENATE November 28, 2012 (b) SENSE OF SENATE.—The Senate— him to the bill S. 3254, to authorize ap- military activities of the Department (1) believes that abandoning the search ef- propriations for fiscal year 2013 for of Defense, for military construction, forts for members of the Armed Forces who military activities of the Department and for defense activities of the De- are missing or captured in the line of duty of Defense, for military construction, partment of Energy, to prescribe mili- now or in the future is unacceptable; (2) believes that the United States has a re- and for defense activities of the De- tary personnel strengths for such fiscal sponsibility to keep the promises made to partment of Energy, to prescribe mili- year, and for other purposes; which was members of the Armed Forces who risk their tary personnel strengths for such fiscal ordered to lie on the table; as follows: lives on a daily basis on behalf of their fellow year, and for other purposes; which was At the end of subtitle E of title X, add the Americans; ordered to lie on the table; as follows: following: (3) supports the United States Soldier’s At the end of subtitle F of title X, add the SEC. 1048. PROHIBITION ON FUNDS TO ENTER Creed and the Warrior Ethos, which state following: INTO CONTRACTS OR AGREEMENTS that ‘‘I will never leave a fallen comrade’’; WITH ROSOBORONEXPORT. SEC. 1064. REPORT ON SIMULATED TACTICAL None of the funds authorized to be appro- and FLIGHT TRAINING IN A SUSTAINED (4) believes that, while the United States is GRAVITY ENVIRONMENT. priated by this Act may be used to enter into a contract, memorandum of understanding, beginning the strategic withdrawal of forces (a) INDEPENDENT STUDY REQUIRED.—The from Afghanistan, the United States must Secretary of Defense shall provide for the or cooperative agreement with, to make a continue to fulfill these important promises conduct by an appropriate federally funded grant to, or to provide a loan or loan guar- to any member of the Armed Forces who is research and development center (FFRDC) of antee to Rosoboronexport. in a missing status or captured as a result of a study on the effectiveness of simulated tac- SA 3068. Mr. CORNYN (for himself, service in Afghanistan now or in the future. tical flight training in a sustained gravity environment. Mr. MENENDEZ, and Mr. INHOFE) sub- SA 3064. Mr. TOOMEY (for himself (b) ELEMENTS.—The study conducted pur- mitted an amendment intended to be and Mr. CASEY) submitted an amend- suant to subsection (a) shall include the fol- proposed by him to the bill S. 3254, to ment intended to be proposed by him lowing: authorize appropriations for fiscal year to the bill S. 3254, to authorize appro- (1) An assessment of the effectiveness of 2013 for military activities of the De- priations for fiscal year 2013 for mili- high fidelity simulated tactical flight train- partment of Defense, for military con- tary activities of the Department of ing in a sustained gravity environment gen- struction, and for defense activities of Defense, for military construction, and erally, and, in particular, the effectiveness of such training in preparing pilots to with- the Department of Energy, to prescribe for defense activities of the Depart- stand and tolerate the high-gravity forces military personnel strengths for such ment of Energy, to prescribe military associated with the operation of high-per- fiscal year, and for other purposes; personnel strengths for such fiscal formance combat aircraft (commonly re- which was ordered to lie on the table; year, and for other purposes; which was ferred to as ‘‘G readiness’’ and ‘‘G toler- as follows: ordered to lie on the table; as follows: ance’’). At the end of subtitle D of title I, add the At the end of subtitle F of title X, add the (2) An assessment of the cost savings to be following: following: achieved through the use of simulated tac- SEC. 146. SALE OF F–16C/D MULTIROLE FIGHTER tical flight training in a sustained gravity SEC. 1064. STUDY ON BRADLEY FIGHTING VEHI- AIRCRAFT TO TAIWAN. CLE INDUSTRIAL BASE. environment, including cost savings associ- The President shall carry out the sale of (a) IN GENERAL.—Not later than 90 days ated with operation and maintenance and not fewer than 66 F–16C/D multirole fighter after the date of the enactment of this Act, life cycle savings associated with aircraft aircraft to Taiwan. the Secretary of the Army shall conduct a and airframe usage. study on the Bradley Fighting Vehicle indus- (3) An assessment of the safety benefits to SA 3069. Mr. CORNYN submitted an trial base. be achieved through the use of simulated amendment intended to be proposed by (b) CONTENT.—The study required under tactical flight training in a sustained grav- him to the bill S. 3254, to authorize ap- subsection (a) shall— ity environment. propriations for fiscal year 2013 for (1) assess the quantitative impacts of a (4) An identification and assessment of military activities of the Department production break for the Bradley Fighting other benefits to be achieved through the use of simulated tactical flight training in a sus- of Defense, for military construction, Vehicle, including the cost of shutdown com- and for defense activities of the De- pared to the cost of continued production; tained gravity environment, including bene- and fits relating to physiological research and partment of Energy, to prescribe mili- (2) assess the qualitative impacts of a pro- benefits relating to reductions in carbon tary personnel strengths for such fiscal duction break for the Bradley Fighting Vehi- emissions. year, and for other purposes; which was cle, including the loss of a specialized work- (5) An evaluation and comparison of tac- ordered to lie on the table; as follows: force and supplier base. tical flight simulators that could be used for At the end of subtitle H of title X, add the simulated tactical flight training in a sus- following: tained gravity environment. SA 3065. Mr. TOOMEY submitted an SEC. 1084. PLAN TO PARTNER WITH STATE AND amendment intended to be proposed by (6) Such other matters relating to the use LOCAL ENTITIES TO ADDRESS VET- him to the bill S. 3254, to authorize ap- of simulated tactical flight training in a sus- ERANS CLAIMS BACKLOG. propriations for fiscal year 2013 for tained gravity environment as the Secretary (a) FINDINGS.—Congress makes the fol- shall specify for purposes of the study. lowing findings: military activities of the Department (c) REPORT.—In providing for study pursu- of Defense, for military construction, (1) The Department of Veterans Affairs de- ant to subsection (a), the Secretary shall re- fines any claim for benefits under laws ad- and for defense activities of the De- quire the federally funded research and de- ministered by the Secretary of Veterans Af- partment of Energy, to prescribe mili- velopment center conducting the study to fairs as backlogged if the claim has been tary personnel strengths for such fiscal submit to the Secretary a report on the re- pending for 125 days or more. year, and for other purposes; which was sults of the study, including the matters (2) According to the Department, as of No- ordered to lie on the table; as follows: specified in subsection (b), by not later than vember 24, 2012, there were 899,540 pending 18 months after the date of the enactment of At the end of subtitle D of title VII, add claims, with 604,583 (67.2 percent) of those this Act. the following: considered backlogged. (d) TRANSMITTAL TO CONGRESS.—Not later SEC. 735. SUBMITTAL TO CONGRESS OF REPORT (3) The Department’s data further shows than 90 days after the submittal to the Sec- that, on November 22, 2010, there were 749,934 OF INTERAGENCY TASK FORCE ON retary of the report required by subsection MILITARY AND VETERANS MENTAL claims pending, with only 244,129 (32.6 per- HEALTH. (c), the Secretary shall transmit the report cent) of those considered backlogged. The Secretary of Defense and the Sec- to the congressional defense committees, to- (4) During the past two years, both the retary of Health and Human Services shall gether with any comments of the Secretary overall number of backlogged claims and the jointly submit to the congressional defense in light of the report and such recommenda- percentage of all pending claims that are committees the report of the Interagency tions for legislative or administrative action backlogged have doubled. Task Force on Military and Veterans Mental as the Secretary considers appropriate re- (5) In order to reduce the claims backlog at Health, established pursuant to section 6 of garding the use of simulated tactical flight regional offices of the Department of Vet- Executive Order 13625 (77 Fed. Reg. 54783), of training in a sustained gravity environment erans Affairs located in Texas, the Texas which they are the co-chairs, not later than in light of the report. Veterans Commission announced two initia- 30 days after the final publication of the re- tives on July 19, 2012, to partner with the De- port. SA 3067. Mr. CORNYN submitted an partment of Veterans Affairs— amendment intended to be proposed by (A) to assist veterans whose claims are al- SA 3066. Mr. TOOMEY submitted an him to the bill S. 3254, to authorize ap- ready backlogged to complete development amendment intended to be proposed by propriations for fiscal year 2013 for of those claims; and

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(B) to help veterans who are filing new help claimants gather and submit necessary (b) LOCATIONS.—The Secretary carry out claims to fully develop those claims prior to evidence for claims that were previously the research study at locations selected by filing them, shortening the processing time filed but require further development. the Secretary from among Army installa- required. tions which are representative of the Total (6) The common goal of the two initiatives SA 3070. Mr. SHELBY submitted an Force. Units from all components of the of the Texas Veterans Commission, called amendment intended to be proposed by Army shall be involved in the research the ‘‘Texas State Strike Force Team’’ and him to the bill S. 3254, to authorize ap- study. the ‘‘Fully Developed Claims Team Initia- propriations for fiscal year 2013 for (c) TRAINING.—In carrying out the research tive’’, is to reduce the backlog of claims military activities of the Department study at an installation selected pursuant to pending in Texas by 17,000 within one year. of Defense, for military construction, subsection (b), the Secretary shall ensure, at (7) During the first two months of these a minimum, that whenever a unit returns new initiatives, the Texas Veterans Commis- and for defense activities of the De- from combat deployment to the installation sion helped veterans complete development partment of Energy, to prescribe mili- the training established for purposes of the of more than 2,500 backlogged claims and as- tary personnel strengths for such fiscal research study is provided to all members of sisted veterans with the submission of more year, and for other purposes; which was the Army returning for such deployment. than 800 fully developed claims. ordered to lie on the table; as follows: The training shall include such training as (8) In testimony before the Subcommittee At the end of subtitle H of title X, add the the Secretary considers appropriate to re- on Disability Assistance and Memorial Af- following: duce trends in high risk or self-destructive fairs of the Committee on Veterans’ Affairs behavior of the House of Representatives on Sep- SEC. 1084. CERTIFICATE OF DOCUMENTATION FOR DRY DOCK. (d) PERIOD.—The Secretary shall carry out tember 21, 2012, Diana Rubens, Deputy Under (a) REQUIREMENT TO ISSUE.—Notwith- the research study through September 30, Secretary for Field Operations of the Vet- standing sections 12103, 12105, 12112, 55102, 2014. erans Benefits Administration, indicated and 55103 of title 46, United States Code, the (e) REPORTS.—Not later than 30 days after that the Department of Veterans Affairs has Secretary of the department in which the the end of each of fiscal years 2013 and 2014, experienced positive outcomes in projects Coast Guard is operating shall issue a certifi- the Secretary shall submit to the Commit- with the Texas Veterans Commission, stat- cate of documentation with appropriate en- tees on Armed Forces of the Senate and the ing that both Veterans Service Organiza- dorsement for engaging in the coastwise House of Representatives a report on the re- tions ‘‘and state and county service trade in the United States for Dry Dock 17 search study during the preceding fiscal officers...are important partners in (formerly USN-YFD-17). year. Each report shall include the following: VBA’s transformation to better serve Vet- (b) NOTIFICATION OF TRANSFER OF OWNER- (1) A description of the trends in high risk erans.’’. SHIP.—A dry dock issued a certificate of doc- or self-destructive behavior within each of (9) At the same hearing, Mr. John Limpose, umentation under subsection (a) shall sub- the units involved in the research study dur- director of the regional office of the Depart- mit to Congress a notification of any pro- ing the fiscal year covered by such report. ment of Veterans Affairs in Waco, Texas, tes- posed transfer of ownership of such dry dock (2) A description of the effectiveness of tified that the ‘‘TVC is working very, very not later than 120 days prior to the date of Comprehensive Soldier and Family Fitness well’’ with regional offices of the Depart- such proposed transfer. Program training in enhancing individual ment in Texas, calling the Texas Veterans performance through resiliency techniques, Commission a ‘‘very positive story that we SA 3071. Ms. COLLINS submitted an utilization of positive psychology. can branch out into...all of our stake- amendment intended to be proposed by (3) In the case of the report on fiscal year holders.’’. 2014, such recommendations for the expan- (b) REPORT.— her to the bill S. 3254, to authorize ap- sion or modification of the research study as (1) IN GENERAL.—Not later than 60 days propriations for fiscal year 2013 for the Secretary considers appropriate. after the date of the enactment of this Act, military activities of the Department (f) FUNDING.—Of the amounts authorized to the Secretary of Veterans Affairs shall sub- of Defense, for military construction, be appropriated for each of fiscal years 2013 mit to Congress a plan to reduce the current and for defense activities of the De- and 2014 for the Working Capital Fund, backlog of pending claims for benefits under partment of Energy, to prescribe mili- Army, not more than $6,000,000, shall be laws administered by the Secretary and more efficiently process claims for such ben- tary personnel strengths for such fiscal available in such fiscal year to carry out the efits in the future. year, and for other purposes; which was research study. (2) CONTENTS.—The report required by ordered to lie on the table; as follows: paragraph (1) shall include the following: At the end of subtitle C of title V, add the SA 3072. Mr. INHOFE submitted an (A) A summary of all steps the Secretary following: amendment intended to be proposed by has taken thus far to partner with non-Fed- SEC. 526. RESEARCH STUDY ON RESILIENCE IN him to the bill S. 3254, to authorize ap- eral entities in support of efforts to reduce MEMBERS OF THE ARMY. propriations for fiscal year 2013 for the backlog described in paragraph (1) and (a) RESEARCH STUDY REQUIRED.— military activities of the Department more efficiently process claims described in (1) IN GENERAL.—The Secretary of the of Defense, for military construction, such paragraph in the future. Army shall carry a research program on re- and for defense activities of the De- (B) A plan for the Secretary to partner silience in members of the Army. partment of Energy, to prescribe mili- with non-Federal entities, and when appro- (2) PURPOSE.—The purpose of the research priate, provide financial support to non-Fed- study shall be to determine the effectiveness tary personnel strengths for such fiscal eral entities, to support efforts to reduce of the current Comprehensive Soldier and year, and for other purposes; which was such backlog and more efficiently process Family Fitness (CSF2) Program of the Army ordered to lie on the table; as follows: such claims in the future, including the fol- while verifying the current means of the At the end of subtitle E of title II, add the lowing: Army to reduce trends in high risk or self- following: (i) State and local agencies relating to vet- destructive behavior and to prepare members SEC. 272. SENSE OF SENATE ON INCREASING THE erans affairs. of the Army to manage stressful or trau- COST-EFFECTIVENESS OF TRAINING (ii) Organizations recognized by the Sec- matic situations by training members in re- EXERCISES FOR MEMBERS OF THE retary for the representation of veterans silience strategies and techniques. ARMED FORCES. under section 5902 of title 38, United States (3) ELEMENTS.—In carrying out the re- It is the sense of the Senate that— Code. search study, the Secretary shall determine (1) modeling and simulation will continue (iii) Such other relevant government and the effectiveness of training under the Com- to play a critical role in the training of the non-government entities as the Secretary prehensive Soldier and Family Fitness pro- members of the Armed Forces; considers appropriate. gram in— (2) while increased modeling and simula- (C) A description of how the Secretary in- (A) enhancing individual performance tion has reduced overall costs of training of tends to leverage partnerships with non-Fed- through resiliency techniques and use of members of the Armed Forces, there are still eral entities described in subparagraph (B) to positive and sports psychology; and significant costs associated with the human eliminate such backlog, including through (B) identifying and responding to early resources required to execute certain train- increasing the percentage of claims that are signs of high-risk behavior in members of the ing exercises where role-playing actors for fully developed prior to submittal to the Army assigned to units involved in the re- certain characters such as opposing forces, Secretary and ensuring that new claims are search study. the civilian populace, other government fully developed prior to their submittal. (4) SCIENCE-BASED EVIDENCE AND TECH- agencies, and non-governmental organiza- (D) A description of what steps the Sec- NIQUES.—The research study shall be rooted tions are required; retary has taken and will take— in scientific evidence, using professionally (3) technological advances in areas such as (i) to expedite the processing of claims accepted measurements of experiments, of varying levels of autonomy for systems, that are already fully developed at the time longitudinal research, random-assignment, multi-player gaming techniques, and artifi- of submittal; and and placebo-controlled outcome studies to cial intelligence could reduce the number of (ii) to support initiatives by non-Federal evaluate which interventions can prove posi- personnel required to support certain train- entities described in subparagraph (B) to tive results and which result in no impact. ing exercises for members of the Armed

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Forces, and thereby reduce the overall cost WHEN NO ELIGIBLE SURVIVING SPOUSE.—In the SEC. 826. SENSE OF SENATE ON THE CONTINUING of the exercises; and case of a member described in paragraph PROGRESS OF THE DEPARTMENT OF (4) the Secretary of Defense should develop (1),’’; and DEFENSE IN IMPLEMENTING ITS a plan to increase the use of emerging tech- (B) by striking subparagraph (B). ITEM UNIQUE IDENTIFICATION INI- TIATIVE. nologies in autonomous systems, the com- (e) RESTORATION OF ELIGIBILITY FOR PRE- (a) FINDINGS.—The Senate makes the fol- VIOUSLY ELIGIBLE SPOUSES.—The Secretary mercial gaming sector, and artificial intel- lowing findings: ligence for training exercises for members of of the military department concerned shall restore annuity eligibility to any eligible (1) In 2003, the Department of Defense initi- the Armed Forces to increase training effec- ated the Item Unique Identification (IUID) tiveness and reduce costs. surviving spouse who, in consultation with the Secretary, previously elected to transfer Initiative, which requires the marking and payment of such annuity to a surviving child tracking of assets deployed throughout the SA 3073. Mr. NELSON of Florida sub- Armed Forces or in the possession of Depart- mitted an amendment intended to be or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, ment contractors. proposed by him to the bill S. 3254, to as in effect on the day before the effective (2) The Initiative has the potential for re- authorize appropriations for fiscal year date provided under subsection (f). Such eli- alizing significant cost savings and improv- 2013 for military activities of the De- gibility shall be restored whether or not pay- ing the management of defense equipment partment of Defense, for military con- ment to such child or children subsequently and supplies throughout their lifecycle. struction, and for defense activities of was terminated due to loss of dependent sta- (3) The Initiative can help the Department the Department of Energy, to prescribe tus or death. For the purposes of this sub- combat the growing problem of counterfeits in the military supply chain. military personnel strengths for such section, an eligible spouse includes a spouse who was previously eligible for payment of (b) SENSE OF SENATE.—It is the sense of the fiscal year, and for other purposes; such annuity and is not remarried, or remar- Senate— which was ordered to lie on the table; ried after having attained age 55, or whose (1) to support efforts by the Department of as follows: second or subsequent marriage has been ter- Defense to implement the Item Unique Iden- At the end of subtitle D of title VI, add the minated by death, divorce or annulment. tification Initiative; following: (f) EFFECTIVE DATE.—This section and the (2) to support measures to verify con- amendments made by this section shall take tractor compliance with section 252.211–7003 SEC. 643. REPEAL OF REQUIREMENT OF REDUC- TION OF SURVIVOR BENEFITS PLAN effect on the later of— (entitled ‘‘Item Identification and Valu- SURVIVOR ANNUITIES BY DEPEND- (1) the first day of the first month that be- ation’’) of the Defense Supplement to the ENCY AND INDEMNITY COMPENSA- gins after the date of the enactment of this Federal Acquisition Regulation, on Unique TION. Act; or Identification, which states that a unique (a) REPEAL.— (2) the first day of the fiscal year that be- identification equivalent recognized by the (1) IN GENERAL.—Subchapter II of chapter gins in the calendar year in which this Act is Department is required for certain acquisi- 73 of title 10, United States Code, is amended enacted. tions; as follows: (3) to encourage the Armed Forces to adopt (A) In section 1450, by striking subsection SA 3074. Mr. NELSON of Florida (for and implement Item Unique Identification (c). himself and Mr. RUBIO) submitted an actions and milestones; and (B) In section 1451(c)— amendment intended to be proposed by (4) to support investment of sufficient re- (i) by striking paragraph (2); and him to the bill S. 3254, to authorize ap- sources and continued training and leader- (ii) by redesignating paragraphs (3) and (4) propriations for fiscal year 2013 for ship to enable the Department to capture as paragraphs (2) and (3), respectively. military activities of the Department meaningful data and optimize the benefits of (2) CONFORMING AMENDMENTS.—Such sub- of Defense, for military construction, the Item Unique Identification Initiative. chapter is further amended as follows: (A) In section 1450— and for defense activities of the De- SA 3076. Mr. LIEBERMAN (for him- (i) by striking subsection (e); partment of Energy, to prescribe mili- self, Ms. COLLINS, Mr. CARPER, and Mr. (ii) by striking subsection (k); and tary personnel strengths for such fiscal BROWN of Massachusetts) submitted an (iii) by striking subsection (m). year, and for other purposes; which was amendment intended to be proposed by (B) In section 1451(g)(1), by striking sub- ordered to lie on the table; as follows: him to the bill S. 3254, to authorize ap- paragraph (C). On page 394, between lines 7 and 8, insert propriations for fiscal year 2013 for (C) In section 1452— the following: military activities of the Department (i) in subsection (f)(2), by striking ‘‘does SEC. 1084. ACCEPTANCE AND USE OF NON-FED- not apply—’’ and all that follows and insert- ERAL AMOUNTS FOR NAVIGATION of Defense, for military construction, ing ‘‘does not apply in the case of a deduc- PROJECTS. and for defense activities of the De- tion made through administrative error.’’; (a) IN GENERAL.—Subject to subsection (b), partment of Energy, to prescribe mili- and the Secretary of the Army, acting through tary personnel strengths for such fiscal (ii) by striking subsection (g). the Chief of Engineers, may accept and use year, and for other purposes; which was (D) In section 1455(c), by striking ‘‘, non-Federal amounts to construct a naviga- ordered to lie on the table; as follows: 1450(k)(2),’’. tion project that has not been specifically At the end of division A, add the following: (b) PROHIBITION ON RETROACTIVE BENE- authorized by an Act of Congress if— FITS.—No benefits may be paid to any person (1) the Secretary has received a completed TITLE XVIII—FIRE GRANTS for any period before the effective date pro- report of the Chief of Engineers for the REAUTHORIZATION vided under subsection (f) by reason of the project; SEC. 1801. SHORT TITLE. amendments made by subsection (a). (2) the project will be constructed accord- This title may be cited as the ‘‘Fire Grants (c) PROHIBITION ON RECOUPMENT OF CERTAIN ing to the specifications of the Corps of Engi- Reauthorization Act of 2012’’. AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- neers; and SEC. 1802. AMENDMENTS TO DEFINITIONS. CIPIENTS.—A surviving spouse who is or has (3) the project is funded by non-Federal (a) IN GENERAL.—Section 4 of the Federal been in receipt of an annuity under the Sur- sources using non-Federal amounts. Fire Prevention and Control Act of 1974 (15 vivor Benefit Plan under subchapter II of (b) DURATION.—The authority provided U.S.C. 2203) is amended— chapter 73 of title 10, United States Code, under subsection (a) applies only to projects (1) in paragraph (3), by inserting ‘‘, except that is in effect before the effective date pro- on which construction begins in the 2-year as otherwise provided,’’ after ‘‘means’’; vided under subsection (f) and that is ad- period beginning on the date of enactment of (2) in paragraph (4), by striking ‘‘ ‘Director’ justed by reason of the amendments made by this Act. means’’ and all that follows through ‘‘Agen- subsection (a) and who has received a refund cy;’’ and inserting ‘‘ ‘Administrator of of retired pay under section 1450(e) of title SA 3075. Mr. WHITEHOUSE sub- FEMA’ means the Administrator of the Fed- 10, United States Code, shall not be required mitted an amendment intended to be eral Emergency Management Agency;’’; to repay such refund to the United States. proposed by him to the bill S. 3254, to (3) in paragraph (5)— (d) REPEAL OF AUTHORITY FOR OPTIONAL authorize appropriations for fiscal year (A) by inserting ‘‘Indian tribe,’’ after ANNUITY FOR DEPENDENT CHILDREN.—Section 2013 for military activities of the De- ‘‘county,’’; and 1448(d) of such title is amended— partment of Defense, for military con- (B) by striking ‘‘and ‘firecontrol’ ’’ and in- (1) in paragraph (1), by striking ‘‘Except as struction, and for defense activities of serting ‘‘and ‘fire control’ ’’; provided in paragraph (2)(B), the Secretary the Department of Energy, to prescribe (4) by redesignating paragraphs (6) through concerned’’ and inserting ‘‘The Secretary military personnel strengths for such (9) as paragraphs (7) through (10), respec- concerned’’; and tively; (2) in paragraph (2)— fiscal year, and for other purposes; (5) by inserting after paragraph (5), the fol- (A) by striking ‘‘DEPENDENT CHILDREN.—’’ which was ordered to lie on the table; lowing: and all that follows through ‘‘In the case of as follows: ‘‘(6) ‘Indian tribe’ has the meaning given a member described in paragraph (1),’’ and At the end of subtitle B of title VIII, add that term in section 4 of the Indian Self-De- inserting ‘‘DEPENDENT CHILDREN ANNUITY the following: termination and Education Assistance Act

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7061 (25 U.S.C. 450b) and ‘tribal’ means of or per- ‘‘(A) assistance to firefighters grants under ‘‘(B) To train firefighting personnel to pro- taining to an Indian tribe;’’; subsection (c); and vide any of the training described under sub- (6) by redesignating paragraphs (9) and (10), ‘‘(B) fire prevention and safety grants and paragraph (A). as redesignated by paragraph (4), as para- other assistance under subsection (d). ‘‘(C) To fund the creation of rapid interven- graphs (10) and (11); ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- tion teams to protect firefighting personnel (7) by inserting after paragraph (8), as re- ministrator of FEMA shall— at the scenes of fires and other emergencies. designated by paragraph (4), the following: ‘‘(A) establish specific criteria for the se- ‘‘(D) To certify— ‘‘(9) ‘Secretary’ means, except as otherwise lection of grant recipients under this sec- ‘‘(i) fire inspectors; and provided, the Secretary of Homeland Secu- tion; and ‘‘(ii) building inspectors— rity;’’; and ‘‘(B) provide assistance with application ‘‘(I) whose responsibilities include fire (8) by amending paragraph (10), as redesig- preparation to applicants for such grants. safety inspections; and ‘‘(II) who are employed by or serving as nated by paragraph (6), to read as follows: ‘‘(c) ASSISTANCE TO FIREFIGHTERS volunteers with a fire department. ‘‘(10) ‘State’ has the meaning given the GRANTS.— ‘‘(E) To establish wellness and fitness pro- term in section 2 of the Homeland Security ‘‘(1) IN GENERAL.—The Administrator of Act of 2002 (6 U.S.C. 101).’’. FEMA may, in consultation with the chief grams for firefighting personnel to ensure (b) CONFORMING AMENDMENTS.— executives of the States in which the recipi- that the firefighting personnel are able to carry out their duties as firefighters, includ- (1) ADMINISTRATOR OF FEMA.—The Federal ents are located, award grants on a competi- ing programs dedicated to raising awareness Fire Prevention and Control Act of 1974 (15 tive basis directly to— of, and prevention of, job-related mental U.S.C. 2201 et seq.) is amended by striking ‘‘(A) fire departments, for the purpose of health issues. ‘‘Director’’ each place it appears and insert- protecting the health and safety of the pub- ‘‘(F) To fund emergency medical services ing ‘‘Administrator of FEMA’’. lic and firefighting personnel throughout the provided by fire departments and non- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- United States against fire, fire-related, and affiliated EMS organizations. tion 15 of such Act (15 U.S.C. 2214) is amend- other hazards; ‘‘(G) To acquire additional firefighting ve- ed by striking ‘‘Director’s Award’’ each place ‘‘(B) nonaffiliated EMS organizations to hicles, including fire trucks and other appa- it appears and inserting ‘‘Administrator’s support the provision of emergency medical Award’’. ratus. services; and ‘‘(H) To acquire additional firefighting SEC. 1803. ASSISTANCE TO FIREFIGHTERS ‘‘(C) State fire training academies for the equipment, including equipment for— GRANTS. purposes described in subparagraphs (G), (H), Section 33 of the Federal Fire Prevention ‘‘(i) fighting fires with foam in remote and (I) of paragraph (3). areas without access to water; and and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(2) MAXIMUM GRANT AMOUNTS.— amended to read as follows: ‘‘(ii) communications, monitoring, and re- ‘‘(A) POPULATION.—The Administrator of sponse to a natural disaster, act of ter- ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. FEMA may not award a grant under this rorism, or other man-made disaster, includ- ‘‘(a) DEFINITIONS.—In this section: subsection in excess of amounts as follows: ing the use of a weapon of mass destruction. ‘‘(1) ADMINISTRATOR OF FEMA.—The term ‘‘(i) In the case of a recipient that serves a ‘‘(I) To acquire personal protective equip- ‘Administrator of FEMA’ means the Admin- jurisdiction with 100,000 people or fewer, the ment, including personal protective equip- istrator of FEMA, acting through the Ad- amount of the grant awarded to such recipi- ment— ministrator. ent shall not exceed $1,000,000 in any fiscal ‘‘(i) prescribed for firefighting personnel by ‘‘(2) AVAILABLE GRANT FUNDS.—The term year. the Occupational Safety and Health Admin- ‘available grant funds’, with respect to a fis- ‘‘(ii) In the case of a recipient that serves istration of the Department of Labor; or cal year, means those funds appropriated a jurisdiction with more than 100,000 people ‘‘(ii) for responding to a natural disaster or pursuant to the authorization of appropria- but not more than 500,000 people, the amount act of terrorism or other man-made disaster, tions in subsection (q)(1) for such fiscal year of the grant awarded to such recipient shall including the use of a weapon of mass de- less any funds used for administrative costs not exceed $2,000,000 in any fiscal year. struction. pursuant to subsection (q)(2) in such fiscal ‘‘(iii) In the case of a recipient that serves ‘‘(J) To modify fire stations, fire training year. a jurisdiction with more than 500,000 but not facilities, and other facilities to protect the ‘‘(3) CAREER FIRE DEPARTMENT.—The term more than 1,000,000 people, the amount of the health and safety of firefighting personnel. ‘career fire department’ means a fire depart- grant awarded to such recipient shall not ex- ‘‘(K) To educate the public about arson ment that has an all-paid force of fire- ceed $3,000,000 in any fiscal year. prevention and detection. fighting personnel other than paid-on-call ‘‘(iv) In the case of a recipient that serves ‘‘(L) To provide incentives for the recruit- firefighters. a jurisdiction with more than 1,000,000 people ment and retention of volunteer firefighting ‘‘(4) COMBINATION FIRE DEPARTMENT.—The but not more than 2,500,000 people, the personnel for volunteer firefighting depart- term ‘combination fire department’ means a amount of the grant awarded to such recipi- ments and other firefighting departments fire department that has— ent shall not exceed $6,000,000 for any fiscal that utilize volunteers. ‘‘(A) paid firefighting personnel; and year. ‘‘(M) To support such other activities, con- ‘‘(B) volunteer firefighting personnel. ‘‘(v) In the case of a recipient that serves sistent with the purposes of this subsection, ‘‘(5) FIREFIGHTING PERSONNEL.—The term a jurisdiction with more than 2,500,000 peo- as the Administrator of FEMA determines ‘firefighting personnel’ means individuals, ple, the amount of the grant awarded to such appropriate. including volunteers, who are firefighters, recipient shall not exceed $9,000,000 in any ‘‘(d) FIRE PREVENTION AND SAFETY officers of fire departments, or emergency fiscal year. GRANTS.— medical service personnel of fire depart- ‘‘(B) AGGREGATE.— ‘‘(1) IN GENERAL.—For the purpose of as- ments. ‘‘(i) IN GENERAL.—Notwithstanding sub- sisting fire prevention programs and sup- ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— paragraphs (A) and (B) and except as pro- porting firefighter health and safety re- The term ‘institution of higher education’ vided under clause (ii), the Administrator of search and development, the Administrator has the meaning given such term in section FEMA may not award a grant under this of FEMA may, on a competitive basis— 101 of the Higher Education Act of 1965 (20 subsection in a fiscal year in an amount that ‘‘(A) award grants to fire departments; U.S.C. 1001). exceeds the amount that is one percent of ‘‘(B) award grants to, or enter into con- ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— the available grant funds in such fiscal year. tracts or cooperative agreements with, na- The term ‘nonaffiliated EMS organization’ ‘‘(ii) EXCEPTION.—The Administrator of tional, State, local, tribal, or nonprofit orga- means a public or private nonprofit emer- FEMA may waive the limitation in clause (i) nizations that are not fire departments and gency medical services organization that is with respect to a grant recipient if the Ad- that are recognized for their experience and not affiliated with a hospital and does not ministrator of FEMA determines that such expertise with respect to fire prevention or serve a geographic area in which the Admin- recipient has an extraordinary need for a fire safety programs and activities and fire- istrator of FEMA finds that emergency med- grant in an amount that exceeds the limit fighter research and development programs, ical services are adequately provided by a under clause (i). for the purpose of carrying out— fire department. ‘‘(3) USE OF GRANT FUNDS.—Each entity re- ‘‘(i) fire prevention programs; and ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ ceiving a grant under this subsection shall ‘‘(ii) research to improve firefighter health with respect to firefighting personnel means use the grant for one or more of the fol- and life safety; and firefighting personnel who are paid a stipend lowing purposes: ‘‘(C) award grants to institutions of higher for each event to which they respond. ‘‘(A) To train firefighting personnel in— education, national fire service organiza- ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(i) firefighting; tions, or national fire safety organizations to term ‘volunteer fire department’ means a ‘‘(ii) emergency medical services and other establish and operate fire safety research fire department that has an all-volunteer emergency response (including response to centers. force of firefighting personnel. natural disasters, acts of terrorism, and ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(b) ASSISTANCE PROGRAM.— other man-made disasters); awarded under this subsection may not ex- ‘‘(1) AUTHORITY.—In accordance with this ‘‘(iii) arson prevention and detection; ceed $1,500,000 for a fiscal year. section, the Administrator of FEMA may ‘‘(iv) maritime firefighting; or ‘‘(3) USE OF GRANT FUNDS.—Each entity re- award— ‘‘(v) the handling of hazardous materials. ceiving a grant under this subsection shall

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use the grant for one or more of the fol- ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(v) Financial situation, including unem- lowing purposes: COMMITTEE ACT.—The Federal Advisory Com- ployment rate of the area being served. ‘‘(A) To enforce fire codes and promote mittee Act (5 U.S.C. App.) shall not apply to ‘‘(vi) Need for training or equipment. compliance with fire safety standards. activities carried out pursuant to this sub- ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS ‘‘(B) To fund fire prevention programs, in- section. ORGANIZATIONS.—In the case of an applica- cluding programs that educate the public ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In tion submitted under subsection (e)(1) by a about arson prevention and detection. awarding grants under this section, the Ad- nonaffiliated EMS organization, the Admin- ‘‘(C) To fund wildland fire prevention pro- ministrator of FEMA shall consider the fol- istrator of FEMA shall consider the extent grams, including education, awareness, and lowing: to which other sources of Federal funding mitigation programs that protect lives, prop- ‘‘(1) The findings and recommendations of are available to the applicant to provide the erty, and natural resources from fire in the the peer reviews carried out under sub- assistance requested in such application. wildland-urban interface. section (f). ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- ‘‘(D) In the case of a grant awarded under ‘‘(2) The degree to which an award will re- TY GRANTS TO CERTAIN ORGANIZATIONS THAT paragraph (1)(C), to fund the establishment duce deaths, injuries, and property damage ARE NOT FIRE DEPARTMENTS.—In the case of or operation of a fire safety research center by reducing the risks associated with fire-re- applicants for grants under this section who for the purpose of significantly reducing the lated and other hazards. are described in subsection (d)(1)(B), the Ad- number of fire-related deaths and injuries ‘‘(3) The extent of the need of an applicant ministrator of FEMA shall give priority to among firefighters and the general public for a grant under this section and the need to applicants who focus on— through research, development, and tech- protect the United States as a whole. ‘‘(A) prevention of injuries to high risk nology transfer activities. ‘‘(4) The number of calls requesting or re- groups from fire; and ‘‘(E) To support such other activities, con- quiring a fire fighting or emergency medical ‘‘(B) research programs that demonstrate a sistent with the purposes of this subsection, response received by an applicant. potential to improve firefighter safety. as the Administrator of FEMA determines ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- appropriate. awarding grants under this section, the Ad- SEARCH CENTERS.— ‘‘(4) LIMITATION.—None of the funds made ministrator of FEMA shall ensure that of the ‘‘(A) CONSIDERATIONS.—In awarding grants available under this subsection may be pro- available grant funds in each fiscal year— under subsection (d)(1)(C), the Administrator vided to the Association of Community Orga- ‘‘(1) not less than 25 percent are awarded of FEMA shall— nizations for Reform Now (ACORN) or any of under subsection (c) to career fire depart- ‘‘(i) select each grant recipient on— its affiliates, subsidiaries, or allied organiza- ments; ‘‘(I) the demonstrated research and exten- tions. ‘‘(2) not less than 25 percent are awarded sion resources available to the recipient to ‘‘(e) APPLICATIONS FOR GRANTS.— under subsection (c) to volunteer fire depart- carry out the research, development, and ‘‘(1) IN GENERAL.—An entity seeking a ments; technology transfer activities; grant under this section shall submit to the ‘‘(3) not less than 25 percent are awarded ‘‘(II) the capability of the recipient to pro- Administrator of FEMA an application under subsection (c) to combination fire de- vide leadership in making national contribu- therefor in such form and in such manner as partments and fire departments using paid- tions to fire safety; the Administrator of FEMA determines ap- on-call firefighting personnel; ‘‘(III) the recipient’s ability to disseminate propriate. ‘‘(4) not less than 10 percent are available the results of fire safety research; and ‘‘(2) ELEMENTS.—Each application sub- for open competition among career fire de- ‘‘(IV) the strategic plan the recipient pro- mitted under paragraph (1) shall include the partments, volunteer fire departments, com- poses to carry out under the grant; following: bination fire departments, and fire depart- ‘‘(ii) give special consideration in selecting ‘‘(A) A description of the financial need of ments using paid-on-call firefighting per- recipients under subparagraph (A) to an ap- the applicant for the grant. sonnel for grants awarded under subsection plicant for a grant that consists of a partner- ‘‘(B) An analysis of the costs and benefits, (c); ship between— with respect to public safety, of the use for ‘‘(5) not less than 10 percent are awarded ‘‘(I) a national fire service organization or which a grant is requested. under subsection (d); and a national fire safety organization; and ‘‘(C) An agreement to provide information ‘‘(6) not more than 2 percent are awarded ‘‘(II) an institution of higher education, in- to the national fire incident reporting sys- under this section to nonaffiliated EMS or- cluding a minority-serving institution (as tem for the period covered by the grant. ganizations described in subsection (c)(1)(B). described in section 371(a) of the Higher Edu- ‘‘(D) A list of other sources of funding re- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- cation Act of 1965 (20 U.S.C. 1067q(a))); and ceived by the applicant— TIONS.— ‘‘(iii) consider the research needs identified ‘‘(i) for the same purpose for which the ap- ‘‘(1) FUNDING FOR EMERGENCY MEDICAL and prioritized through the workshop re- plication for a grant under this section was SERVICES.—Not less than 3.5 percent of the quired by subparagraph (B)(i). submitted; or available grant funds for a fiscal year shall ‘‘(B) RESEARCH NEEDS.— ‘‘(ii) from the Federal Government for be awarded under this section for purposes ‘‘(i) IN GENERAL.—Not later than 90 days other fire-related purposes. described in subsection (c)(3)(F). after the date of the enactment of the Fire ‘‘(E) Such other information as the Admin- ‘‘(2) STATE FIRE TRAINING ACADEMIES.— Grants Reauthorization Act of 2012, the Ad- istrator of FEMA determines appropriate. ‘‘(A) MAXIMUM SHARE.—Not more than 3 ministrator of FEMA shall convene a work- ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— percent of the available grant funds for a fis- shop of the fire safety research community, ‘‘(A) IN GENERAL.—Two or more entities cal year may be awarded under subsection fire service organizations, and other appro- may submit an application under paragraph (c)(1)(C). priate stakeholders to identify and prioritize (1) for a grant under this section to fund a ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- fire safety research needs. joint program or initiative, including acqui- ministrator of FEMA may not award a grant ‘‘(ii) PUBLICATION.—The Administrator of sition of shared equipment or vehicles. under subsection (c)(1)(C) to a State fire FEMA shall ensure that the results of the ‘‘(B) NONEXCLUSIVITY.—Applications under training academy in an amount that exceeds workshop are made available to the public. this paragraph may be submitted instead of $1,000,000 in any fiscal year. ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- or in addition to any other application sub- ‘‘(3) AMOUNTS FOR PURCHASING FIRE- TY RESEARCH CENTERS.— mitted under paragraph (1). FIGHTING VEHICLES.—Not more than 25 per- ‘‘(i) IN GENERAL.—The Administrator of ‘‘(C) GUIDANCE.—The Administrator of cent of the available grant funds for a fiscal FEMA may award grants under subsection FEMA shall— year may be used to assist grant recipients (d) to establish not more than 3 fire safety ‘‘(i) publish guidance on applying for and to purchase vehicles pursuant to subsection research centers. administering grants awarded for joint pro- (c)(3)(G). ‘‘(ii) RECIPIENTS.—An institution of higher grams and initiatives described in subpara- ‘‘(j) FURTHER CONSIDERATIONS.— education, a national fire service organiza- graph (A); and ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS tion, and a national fire safety organization ‘‘(ii) encourage applicants to apply for TO FIRE DEPARTMENTS.—In considering appli- may not directly receive a grant under sub- grants for joint programs and initiatives de- cations for grants under subsection (c)(1)(A), section (d) for a fiscal year for more than 1 scribed in subparagraph (A) as the Adminis- the Administrator of FEMA shall consider— fire safety research center. trator of FEMA determines appropriate to ‘‘(A) the extent to which the grant would ‘‘(5) AVOIDING DUPLICATION.—The Adminis- achieve greater cost effectiveness and re- enhance the daily operations of the applicant trator of FEMA shall review lists submitted gional efficiency. and the impact of such a grant on the protec- by applicants pursuant to subsection ‘‘(f) PEER REVIEW OF GRANT APPLICA- tion of lives and property; and (e)(2)(D) and take such actions as the Admin- TIONS.— ‘‘(B) a broad range of factors important to istrator of FEMA considers necessary to pre- ‘‘(1) IN GENERAL.—The Administrator of the applicant’s ability to respond to fires and vent unnecessary duplication of grant FEMA shall, after consultation with na- related hazards, such as the following: awards. tional fire service and emergency medical ‘‘(i) Population served. ‘‘(k) MATCHING AND MAINTENANCE OF EX- services organizations, appoint fire service ‘‘(ii) Geographic response area. PENDITURE REQUIREMENTS.— personnel to conduct peer reviews of applica- ‘‘(iii) Hazards vulnerability. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- tions received under subsection (e)(1). ‘‘(iv) Call volume. ANCE TO FIREFIGHTERS GRANTS.—

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‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(2) PERFORMANCE ASSESSMENT.— subparagraph (B), an applicant seeking a TION AND SAFETY GRANTS.—The authority ‘‘(A) IN GENERAL.—The Administrator of grant to carry out an activity under sub- under subparagraph (A) shall not apply with FEMA shall develop and implement a per- section (c) shall agree to make available respect to a nonprofit organization that— formance assessment system, including non-Federal funds to carry out such activity ‘‘(i) is described in subsection (d)(1)(B); and quantifiable performance metrics, to evalu- in an amount equal to not less than 15 per- ‘‘(ii) is not a fire department or emergency ate the extent to which grants awarded cent of the grant awarded to such applicant medical services organization. under this section are furthering the pur- under such subsection. ‘‘(l) GRANT GUIDELINES.— poses of this section, including protecting ‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(1) GUIDELINES.—For each fiscal year, the health and safety of the public and fire- SMALL COMMUNITIES.—In the case that an ap- prior to awarding any grants under this sec- fighting personnel against fire and fire-re- plicant seeking a grant to carry out an ac- tion, the Administrator of FEMA shall pub- lated hazards. tivity under subsection (c) serves a jurisdic- lish in the Federal Register— ‘‘(B) CONSULTATION.—The Administrator of tion of— ‘‘(A) guidelines that describe— FEMA shall consult with fire service rep- ‘‘(i) more than 20,000 residents but not ‘‘(i) the process for applying for grants resentatives and with the Comptroller Gen- more than 1,000,000 residents, the application under this section; and eral of the United States in developing the shall agree to make available non-Federal ‘‘(ii) the criteria that will be used for se- assessment system required by subparagraph funds in an amount equal to not less than 10 lecting grant recipients; and (A). percent of the grant awarded to such appli- ‘‘(B) an explanation of any differences be- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF cant under such subsection; and tween such guidelines and the recommenda- FEMA.—Not less frequently than once each ‘‘(ii) 20,000 residents or fewer, the applicant tions obtained under paragraph (2). year during the term of a grant awarded shall agree to make available non-Federal ‘‘(2) ANNUAL MEETING TO OBTAIN REC- under this section, the recipient of the grant funds in an amount equal to not less than 5 OMMENDATIONS.— shall submit to the Administrator of FEMA percent of the grant awarded to such appli- ‘‘(A) IN GENERAL.—For each fiscal year, the an annual report describing how the recipi- cant under such subsection. Administrator of FEMA shall convene a ent used the grant amounts. ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- meeting of qualified members of national ‘‘(4) ANNUAL REPORTS TO CONGRESS.— VENTION AND SAFETY GRANTS.— fire service organizations and, at the discre- ‘‘(A) IN GENERAL.—Not later than Sep- ‘‘(A) IN GENERAL.—An applicant seeking a tion of the Administrator of FEMA, qualified tember 30, 2013, and each year thereafter grant to carry out an activity under sub- members of emergency medical service orga- through 2017, the Administrator of FEMA section (d) shall agree to make available nizations to obtain recommendations regard- shall submit to the Committee on Homeland non-Federal funds to carry out such activity ing the following: Security and Governmental Affairs of the in an amount equal to not less than 5 percent ‘‘(i) Criteria for the awarding of grants Senate and the Committee on Science and of the grant awarded to such applicant under under this section. Technology of the House of Representatives such subsection. ‘‘(ii) Administrative changes to the assist- a report that provides— ‘‘(B) MEANS OF MATCHING.—An applicant ance program established under subsection ‘‘(i) information on the performance as- for a grant under subsection (d) may meet (b). the matching requirement under subpara- sessment system developed under paragraph ‘‘(B) QUALIFIED MEMBERS.—For purposes of (2); and graph (A) through direct funding, funding of this paragraph, a qualified member of an or- complementary activities, or the provision ‘‘(ii) using the performance metrics devel- ganization is a member who— oped under such paragraph, an evaluation of of staff, facilities, services, material, or ‘‘(i) is recognized for expertise in fire- equipment. the effectiveness of the grants awarded under fighting or emergency medical services; this section. ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ‘‘(ii) is not an employee of the Federal applicant seeking a grant under subsection ‘‘(B) ADDITIONAL INFORMATION.—The report Government; and due under subparagraph (A) on September 30, (c) or (d) shall agree to maintain during the ‘‘(iii) in the case of a member of an emer- term of the grant the applicant’s aggregate 2016, shall also include recommendations for gency medical service organization, is a expenditures relating to the uses described legislative changes to improve grants under member of an organization that represents— in subsections (c)(3) and (d)(3) at not less this section. ‘‘(I) providers of emergency medical serv- than 80 percent of the average amount of ices that are affiliated with fire depart- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— such expenditures in the 2 fiscal years pre- ments; or ‘‘(1) IN GENERAL.—There is authorized to be ceding the fiscal year in which the grant ‘‘(II) nonaffiliated EMS providers. appropriated to carry out this section— amounts are received. ‘‘(A) $750,000,000 for fiscal year 2013; and ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(4) WAIVER.— ‘‘(B) for each of fiscal years 2014 through COMMITTEE ACT.—The Federal Advisory Com- ‘‘(A) IN GENERAL.—Except as provided in mittee Act (5 U.S.C. App.) shall not apply to 2017, an amount equal to the amount author- subparagraph (C)(ii), the Administrator of ized for the previous fiscal year increased by FEMA may waive or reduce the require- activities carried out under this subsection. ‘‘(m) ACCOUNTING DETERMINATION.—Not- the percentage by which— ments of paragraphs (1), (2), and (3) in cases withstanding any other provision of law, for ‘‘(i) the Consumer Price Index (all items, of demonstrated economic hardship. purposes of this section, equipment costs United States city average) for the previous ‘‘(B) GUIDELINES.— shall include all costs attributable to any de- fiscal year, exceeds ‘‘(i) IN GENERAL.—The Administrator of sign, purchase of components, assembly, ‘‘(ii) the Consumer Price Index for the fis- FEMA shall establish and publish guidelines manufacture, and transportation of equip- cal year preceding the fiscal year described for determining what constitutes economic ment not otherwise commercially available. in clause (i). hardship for purposes of this paragraph. ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ONSULTATION ‘‘(ii) C .—In developing guide- ALASKA NATIVE VILLAGES.—The Alaska Vil- amounts appropriated pursuant to paragraph lines under clause (i), the Administrator of lage Initiatives, a non-profit organization in- (1) for a fiscal year, the Administrator of FEMA shall consult with individuals who corporated in the State of Alaska, shall be FEMA may use not more than 5 percent of are— eligible to apply for and receive a grant or such amounts for salaries and expenses and ‘‘(I) recognized for expertise in firefighting, other assistance under this section on behalf other administrative costs incurred by the emergency medical services provided by fire of Alaska Native villages. Administrator of FEMA in the course of services, or the economic affairs of State and ‘‘(o) TRAINING STANDARDS.—If an applicant awarding grants and providing assistance local governments; and for a grant under this section is applying for under this section. ‘‘(II) members of national fire service orga- such grant to purchase training that does ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- nizations or national organizations rep- not meet or exceed any applicable national ING.—Consistent with the requirements in resenting the interests of State and local voluntary consensus standards, including subsections (c)(1) and (d)(1) that grants under governments. those developed under section 647 of the those subsections be awarded on a competi- ‘‘(iii) CONSIDERATIONS.—In developing Post-Katrina Emergency Management Re- tive basis, none of the funds appropriated guidelines under clause (i), the Adminis- form Act of 2006 (6 U.S.C. 747), the applicant pursuant to this subsection may be used for trator of FEMA shall consider, with respect shall submit to the Administrator of FEMA any congressionally directed spending item to relevant communities, the following: an explanation of the reasons that the train- (as defined under the rules of the Senate and ‘‘(I) Changes in rates of unemployment ing proposed to be purchased will serve the the House of Representatives). from previous years. needs of the applicant better than training ‘‘(II) Whether the rates of unemployment that meets or exceeds such standards. ‘‘(r) SUNSET OF AUTHORITIES.—The author- of the relevant communities are currently ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— ity to award assistance and grants under this and have consistently exceeded the annual ‘‘(1) AUDITS.—The Administrator of FEMA section shall expire on the date that is 10 national average rates of unemployment. may audit a recipient of a grant awarded years after the date of the enactment of the ‘‘(III) Changes in percentages of individ- under this section to ensure that— Fire Grants Reauthorization Act of 2012.’’. uals eligible to receive food stamps from pre- ‘‘(A) the grant amounts are expended for vious years. the intended purposes; and SEC. 1804. STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE. ‘‘(IV) Such other factors as the Adminis- ‘‘(B) the grant recipient complies with the trator of FEMA considers appropriate. requirements of subsection (k). (a) IMPROVEMENTS TO HIRING GRANTS.—

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(1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(iii) Changes in percentages of individuals (A) in paragraph (9), as added by paragraph section 34(a)(1) of the Federal Fire Preven- eligible to receive food stamps from previous (1) of this subsection, by redesignating sub- tion and Control Act of 1974 (15 U.S.C. years. paragraphs (A) and (B) as clauses (i) and (ii), 2229a(a)(1)) is amended to read as follows: ‘‘(iv) Such other factors as the Adminis- respectively, and moving the left margin of ‘‘(B) Grants made under this paragraph trator of FEMA considers appropriate.’’. such clauses, as so redesignated, 2 ems to the shall be for 3 years and be used for programs (e) IMPROVEMENTS TO PERFORMANCE EVAL- right; to hire new, additional firefighters.’’. UATION REQUIREMENTS.—Subsection (e) of (B) by redesignating paragraphs (1) (2) LIMITATION OF PORTION OF COSTS OF HIR- section 34 of such Act (15 U.S.C. 2229a), as re- through (9) as subparagraphs (A) through (I), ING FIREFIGHTERS.—Subparagraph (E) of such designated by subsection (d)(1) of this sec- respectively, and moving the left margin of section is amended to read as follows: tion, is amended by inserting before the first such subparagraphs, as so redesignated, 2 ‘‘(E) The portion of the costs of hiring fire- sentence the following: ems to the right; fighters provided by a grant under this para- ‘‘(1) IN GENERAL.—The Administrator of (C) by striking ‘‘There are’’ and inserting graph may not exceed— FEMA shall establish a performance assess- the following: ‘‘(i) 75 percent in the first year of the ment system, including quantifiable per- ‘‘(1) IN GENERAL.—There are’’; and grant; formance metrics, to evaluate the extent to (D) by adding at the end the following: ‘‘(ii) 75 percent in the second year of the which grants awarded under this section are ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the grant; and furthering the purposes of this section. amounts appropriated pursuant to paragraph ‘‘(iii) 35 percent in the third year of the ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (1) for a fiscal year, the Administrator of grant.’’. (f) REPORT.— FEMA may use not more than 5 percent of (b) CLARIFICATION REGARDING ELIGIBLE EN- (1) IN GENERAL.—Subsection (f) of section such amounts to cover salaries and expenses TITIES FOR RECRUITMENT AND RETENTION 34 of such Act (15 U.S.C. 2229a), as redesig- and other administrative costs incurred by GRANTS.—The second sentence of section nated by subsection (d)(1) of this section, is the Administrator of FEMA to make grants 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking ‘‘The authority’’ and all and provide assistance under this section.’’. amended by striking ‘‘organizations on a that follows through ‘‘Congress concerning’’ (3) CONGRESSIONALLY DIRECTED SPENDING.— local or statewide basis’’ and inserting ‘‘na- and inserting the following: ‘‘Not later than Such subsection (j) is further amended by tional, State, local, or tribal organizations’’. September 30, 2014, the Administrator of adding at the end the following: (c) MAXIMUM AMOUNT FOR HIRING A FIRE- FEMA shall submit to the Committee on ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- FIGHTER.—Paragraph (4) of section 34(c) of Homeland Security and Governmental Af- ING.—Consistent with the requirement in such Act (15 U.S.C. 2229a(c)) is amended to fairs of the Senate and the Committee on subsection (a) that grants under this section read as follows: be awarded on a competitive basis, none of ‘‘(4) The amount of funding provided under Science and Technology of the House of Rep- the funds appropriated pursuant to this sub- this section to a recipient fire department resentatives a report on’’. section may be used for any congressionally for hiring a firefighter in any fiscal year may (2) CONFORMING AMENDMENT.—The heading direct spending item (as defined under the not exceed— for subsection (f) of section 34 of such Act (15 rules of the Senate and the House of Rep- ‘‘(A) in the first year of the grant, 75 per- U.S.C. 2229a), as redesignated by subsection resentatives).’’. cent of the usual annual cost of a first-year (d)(1) of this section, is amended by striking (i) TECHNICAL AMENDMENT.—Section 34 of firefighter in that department at the time ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- such Act (15 U.S.C. 2229a) is amended by the grant application was submitted; PORT’’. striking ‘‘Administrator’’ each place it ap- ‘‘(B) in the second year of the grant, 75 per- (g) ADDITIONAL DEFINITIONS.— pears and inserting ‘‘Administrator of cent of the usual annual cost of a first-year (1) IN GENERAL.—Subsection (i) of section FEMA’’. firefighter in that department at the time 34 of such Act (15 U.S.C. 2229a), as redesig- nated by subsection (d)(1) of this section, is (j) CLERICAL AMENDMENT.—Such section is the grant application was submitted; and further amended in the heading by striking ‘‘(C) in the third year of the grant, 35 per- amended— ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, cent of the usual annual cost of a first-year (A) in the matter before paragraph (1), by FIRE GRANT PROGRAM’’ and inserting the firefighter in that department at the time striking ‘‘In this section, the term—’’ and in- following: ‘‘STAFFING FOR ADEQUATE the grant application was submitted.’’. serting ‘‘In this section:’’; FIRE AND EMERGENCY RESPONSE’’. (d) WAIVERS.—Section 34 of such Act (15 (B) in paragraph (1)— (k) SUNSET OF AUTHORITY TO AWARD HIRING U.S.C. 2229a) is amended— (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- GRANTS.—Such section is further amended (1) by redesignating subsections (d) fighter’ has’’; and by adding at the end the following: through (i) as subsections (e) through (j), re- (ii) by striking ‘‘; and’’ and inserting a pe- ‘‘(k) SUNSET OF AUTHORITIES.—The author- spectively; and riod; ity to award assistance and grants under this (2) by inserting after subsection (c) the fol- (C) by striking paragraph (2); and section shall expire on the date that is 10 lowing: (D) by inserting at the end the following: years after the date of the enactment of the ‘‘(d) WAIVERS.— ‘‘(2) The terms ‘Administrator of FEMA’, Fire Grants Reauthorization Act of 2012.’’. ‘‘(1) IN GENERAL.—In a case of dem- ‘career fire department’, ‘combination fire onstrated economic hardship, the Adminis- department’, and ‘volunteer fire department’ SEC. 1805. SENSE OF CONGRESS ON VALUE AND trator of FEMA may— have the meanings given such terms in sec- FUNDING OF ASSISTANCE TO FIRE- FIGHTERS AND STAFFING FOR ADE- ‘‘(A) waive the requirements of subsection tion 33(a).’’. QUATE FIRE AND EMERGENCY RE- (c)(1); or (2) CONFORMING AMENDMENT.—Section SPONSE PROGRAMS. ‘‘(B) waive or reduce the requirements in 34(a)(1)(A) of such Act (15 U.S.C. It is the sense of Congress that— subsection (a)(1)(E) or subsection (c)(2). 2229a(a)(1)(A)) is amended by striking ‘‘ca- (1) the grants and assistance awarded ‘‘(2) GUIDELINES.— reer, volunteer, and combination fire depart- under sections 33 and 34 of the Federal Fire ‘‘(A) IN GENERAL.—The Administrator of ments’’ and inserting ‘‘career fire depart- Prevention and Control Act of 1974 (15 U.S.C. FEMA shall establish and publish guidelines ments, combination fire departments, and 2229 and 2229a) have proven equally valuable for determining what constitutes economic volunteer fire departments’’. in protecting the health and safety of the hardship for purposes of paragraph (1). (h) AUTHORIZATION OF APPROPRIATIONS.— public and firefighting personnel throughout ‘‘(B) CONSULTATION.—In developing guide- (1) IN GENERAL.—Subsection (j) of section the United States against fire and fire-re- lines under subparagraph (A), the Adminis- 34 of such Act (15 U.S.C. 2229a), as redesig- lated hazards; and trator of FEMA shall consult with individ- nated by subsection (d)(1) of this section, is (2) providing parity in funding for the uals who are— amended— awarding of grants and assistance under both ‘‘(i) recognized for expertise in firefighting, (A) in paragraph (6), by striking ‘‘and’’ at such sections will ensure that the grant and emergency medical services provided by fire the end; assistance programs under such sections can services, or the economic affairs of State and (B) in paragraph (7), by striking the period continue to serve their complementary pur- local governments; and at the end and inserting ‘‘; and’’; and poses. ‘‘(ii) members of national fire service orga- (C) by adding at the end the following: SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- nizations or national organizations rep- ‘‘(8) $750,000,000 for fiscal year 2013; and ANCE TO FIREFIGHTERS AND STAFF- resenting the interests of State and local ‘‘(9) for each of fiscal years 2014 through ING FOR ADEQUATE FIRE AND governments. 2017, an amount equal to the amount author- EMERGENCY RESPONSE PROGRAMS. ‘‘(C) CONSIDERATIONS.—In developing guide- ized for the previous fiscal year increased by (a) IN GENERAL.—Not later than September lines under subparagraph (A), the Adminis- the percentage by which— 30, 2016, the Comptroller General of the trator of FEMA shall consider, with respect ‘‘(A) the Consumer Price Index (all items, United States shall submit to the Committee to relevant communities, the following: United States city average) for the previous on Homeland Security and Governmental Af- ‘‘(i) Changes in rates of unemployment fiscal year, exceeds fairs of the Senate and the Committee on from previous years. ‘‘(B) the Consumer Price Index for the fis- Science and Technology of the House of Rep- ‘‘(ii) Whether the rates of unemployment cal year preceding the fiscal year described resentatives a report on the effect of the of the relevant communities are currently in subparagraph (A).’’. amendments made by this title. and have consistently exceeded the annual (2) ADMINISTRATIVE EXPENSES.—Such sub- (b) CONTENTS.—The report required by sub- national average rates of unemployment. section (j) is further amended— section (a) shall include the following:

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(1) An assessment of the effect of the (i) An accurate description, based on the (1) STUDY.—The Administrator shall con- amendments made by sections 1803 and 1804 results of the survey required by paragraph duct a study— on the effectiveness, relative allocation, ac- (2)(A), of the rate of compliance with the (A) to define the current roles and activi- countability, and administration of the standards described in paragraph (1) among ties associated with fire services on a na- grants and assistance awarded under sec- United States fire services, including a com- tional, State, regional, and local level; tions 33 and 34 of the Federal Fire Preven- parison of the rates of compliance among ca- (B) to identify the equipment, staffing, and tion and Control Act of 1974 (15 U.S.C. 2229 reer fire departments, volunteer fire depart- training required to fulfill the roles and ac- and 2229a) after the date of the enactment of ments, combination fire departments, and tivities defined under subparagraph (A); this Act. fire departments serving communities of dif- (C) to conduct an assessment to identify (2) An evaluation of the extent to which ferent sizes, and such other comparisons as gaps between what fire services currently the amendments made by sections 1803 and Administrator considers relevant. possess and what they require to meet the 1804 have enabled recipients of grants and as- (ii) A description of the challenges faced by equipment, staffing, and training needs iden- sistance awarded under such sections 33 and different types of fire departments and dif- tified under subparagraph (B) on a national 34 after the date of the enactment of this Act ferent types of communities in complying and State-by-State basis; and to mitigate fire and fire-related and other with the standards described in paragraph (D) to measure the impact of the grant and hazards more effectively. (1). assistance program under section 33 of the SEC. 1807. STUDIES AND REPORTS ON THE STATE (c) TASK FORCE TO ENHANCE FIREFIGHTER Federal Fire Prevention and Control Act of OF FIRE SERVICES. SAFETY.— 1974 (15 U.S.C. 2229) in meeting the needs of (a) DEFINITIONS.—In this section: (1) ESTABLISHMENT.—Not later than 60 days fire services and filling the gaps identified (1) ADMINISTRATOR.—The term ‘‘Adminis- after the date of the enactment of this Act, under subparagraph (C). trator’’ means the Administrator of the the Secretary of Homeland Security shall es- (2) REPORT.—Not later than 2 years after United States Fire Administration. tablish a task force to be known as the the date of the enactment of this title, the (2) CAREER FIRE DEPARTMENT, COMBINATION ‘‘Task Force to Enhance Firefighter Safety’’ Administrator shall submit to Congress a re- FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- (in this subsection referred to as the ‘‘Task port on the findings of the Administrator MENT.—The terms ‘‘career fire department’’, Force’’). with respect to the study conducted under ‘‘combination fire department’’, and ‘‘volun- (2) MEMBERSHIP.— paragraph (1). teer fire department’’ have the meanings (A) IN GENERAL.—Members of the Task (e) AUTHORIZATION OF APPROPRIATIONS.— given such terms in section 33(a) of the Fed- Force shall be appointed by the Secretary There are authorized to be appropriated to eral Fire Prevention and Control Act of 1974 from among the general public and shall in- the Administrator to carry out this section— (15 U.S.C. 2229(a)), as amended by section clude the following: (1) $600,000 for fiscal year 2013; and 1803. (i) Representatives of national organiza- (2) $600,000 for fiscal year 2014. (3) FIRE SERVICE.—The term ‘‘fire service’’ tions representing firefighters and fire has the meaning given such term in section chiefs. SA 3077. Mr. LIEBERMAN (for him- 4 of the Federal Fire Prevention and Control (ii) Individuals representing standards-set- self, Ms. COLLINS, Mr. CARPER, and Mr. Act of 1974 (15 U.S.C. 2203). ting and accrediting organizations, including BROWN of Massachusetts) submitted an (b) STUDY AND REPORT ON COMPLIANCE WITH representatives from the voluntary con- amendment intended to be proposed by STAFFING STANDARDS.— sensus codes and standards development him to the bill S. 3254, to authorize ap- (1) STUDY.—The Administrator shall con- community. duct a study on the level of compliance with (iii) Such other individuals as the Sec- propriations for fiscal year 2013 for national voluntary consensus standards for retary considers appropriate. military activities of the Department staffing, training, safe operations, personal (B) REPRESENTATIVES OF OTHER DEPART- of Defense, for military construction, protective equipment, and fitness among the MENTS AND AGENCIES.—The Secretary may and for defense activities of the De- fire services of the United States. invite representatives of other Federal de- partment of Energy, to prescribe mili- (2) SURVEY.— partments and agencies that have an inter- tary personnel strengths for such fiscal (A) IN GENERAL.—In carrying out the study est in fire services to participate in the year, and for other purposes; which was required by paragraph (1), the Administrator meetings and other activities of the Task ordered to lie on the table; as follows: shall carry out a survey of fire services to as- Force. At the end of division A, add the following: sess the level of compliance of such fire serv- (C) NUMBER; TERMS OF SERVICE; PAY AND ices with the standards described in such ALLOWANCES.—The Secretary shall determine TITLE XVIII—FEDERAL ASSISTANCE TO paragraph. the number, terms of service, and pay and al- FIRE DEPARTMENTS (B) ELEMENTS.—The survey required by lowances of members of the Task Force ap- Subtitle A—Fire Grants Reauthorization subparagraph (A) shall— pointed by the Secretary, except that a term SEC. 1801. SHORT TITLE. (i) include career fire departments, volun- of service of any such member may not ex- This subtitle may be cited as the ‘‘Fire teer fire departments, combination fire de- ceed 2 years. Grants Reauthorization Act of 2012’’. partments, and fire departments serving (3) RESPONSIBILITIES.—The Task Force SEC. 1802. AMENDMENTS TO DEFINITIONS. communities of different sizes, and such shall— (a) IN GENERAL.—Section 4 of the Federal other distinguishing factors as the Adminis- (A) consult with the Secretary in the con- Fire Prevention and Control Act of 1974 (15 trator considers relevant; duct of the study required by subsection U.S.C. 2203) is amended— (ii) employ methods to ensure that the sur- (b)(1); and (1) in paragraph (3), by inserting ‘‘, except vey accurately reflects the actual rate of (B) develop a plan to enhance firefighter as otherwise provided,’’ after ‘‘means’’; compliance with the standards described in safety by increasing fire service compliance (2) in paragraph (4), by striking ‘‘ ‘Director’ paragraph (1) among fire services; and with the standards described in subsection means’’ and all that follows through ‘‘Agen- (iii) determine the extent of barriers and (b)(1), including by— cy;’’ and inserting ‘‘ ‘Administrator of challenges to achieving compliance with the (i) reviewing and evaluating the report re- FEMA’ means the Administrator of the Fed- standards described in paragraph (1) among quired by subsection (b)(3)(A) to determine eral Emergency Management Agency;’’; fire services. the extent of and barriers to achieving com- (3) in paragraph (5)— (C) AUTHORITY TO CARRY OUT SURVEY WITH pliance with the standards described in sub- (A) by inserting ‘‘Indian tribe,’’ after NONPROFIT.—If the Administrator determines section (b)(1) among fire services; and ‘‘county,’’; and that it will reduce the costs incurred by the (ii) considering ways in which the Federal (B) by striking ‘‘and ‘firecontrol’ ’’ and in- United States Fire Administration in car- Government, States, and local governments serting ‘‘and ‘fire control’ ’’; rying out the survey required by subpara- can promote or encourage fire services to (4) by redesignating paragraphs (6) through graph (A), the Administrator may carry out comply with such standards. (9) as paragraphs (7) through (10), respec- such survey in conjunction with a nonprofit (4) REPORT.— tively; organization that has substantial expertise (A) IN GENERAL.—Not later than 180 days (5) by inserting after paragraph (5), the fol- and experience in the following areas: after the date on which the Secretary sub- lowing: (i) The fire services. mits the report required by subsection ‘‘(6) ‘Indian tribe’ has the meaning given (ii) National voluntary consensus stand- (b)(3)(A), the Task Force shall submit to that term in section 4 of the Indian Self-De- ards. Congress and the Secretary a report on the termination and Education Assistance Act (iii) Contemporary survey methods. activities and findings of the Task Force. (25 U.S.C. 450b) and ‘tribal’ means of or per- (3) REPORT ON FINDINGS OF STUDY.— (B) CONTENTS.—The report required by sub- taining to an Indian tribe;’’; (A) IN GENERAL.—Not later than 2 years paragraph (A) shall include the following: (6) by redesignating paragraphs (9) and (10), after the date of the enactment of this Act, (i) The findings and recommendations of as redesignated by paragraph (4), as para- the Administrator shall submit to Congress the Task Force with respect to the study graphs (10) and (11); a report on the findings of the Administrator carried out under subsection (b)(1). (7) by inserting after paragraph (8), as re- with respect to the study required by para- (ii) The plan developed under paragraph designated by paragraph (4), the following: graph (1). (3)(B). ‘‘(9) ‘Secretary’ means, except as otherwise (B) CONTENTS.—The report required by sub- (d) STUDY AND REPORT ON THE NEEDS OF provided, the Secretary of Homeland Secu- paragraph (A) shall include the following: FIRE SERVICES.— rity;’’; and

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(8) by amending paragraph (10), as redesig- ‘‘(c) ASSISTANCE TO FIREFIGHTERS ‘‘(II) who are employed by or serving as nated by paragraph (6), to read as follows: GRANTS.— volunteers with a fire department. ‘‘(10) ‘State’ has the meaning given the ‘‘(1) IN GENERAL.—The Administrator of ‘‘(E) To establish wellness and fitness pro- term in section 2 of the Homeland Security FEMA may, in consultation with the chief grams for firefighting personnel to ensure Act of 2002 (6 U.S.C. 101).’’. executives of the States in which the recipi- that the firefighting personnel are able to (b) CONFORMING AMENDMENTS.— ents are located, award grants on a competi- carry out their duties as firefighters, includ- (1) ADMINISTRATOR OF FEMA.—The Federal tive basis directly to— ing programs dedicated to raising awareness Fire Prevention and Control Act of 1974 (15 ‘‘(A) fire departments, for the purpose of of, and prevention of, job-related mental U.S.C. 2201 et seq.) is amended by striking protecting the health and safety of the pub- health issues. ‘‘Director’’ each place it appears and insert- lic and firefighting personnel throughout the ‘‘(F) To fund emergency medical services ing ‘‘Administrator of FEMA’’. United States against fire, fire-related, and provided by fire departments and non- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- other hazards; affiliated EMS organizations. tion 15 of such Act (15 U.S.C. 2214) is amend- ‘‘(B) nonaffiliated EMS organizations to ‘‘(G) To acquire additional firefighting ve- ed by striking ‘‘Director’s Award’’ each place support the provision of emergency medical hicles, including fire trucks and other appa- it appears and inserting ‘‘Administrator’s services; and ratus. Award’’. ‘‘(C) State fire training academies for the ‘‘(H) To acquire additional firefighting SEC. 1803. ASSISTANCE TO FIREFIGHTERS purposes described in subparagraphs (G), (H), equipment, including equipment for— GRANTS. Section 33 of the Federal Fire Prevention and (I) of paragraph (3). ‘‘(i) fighting fires with foam in remote and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(2) MAXIMUM GRANT AMOUNTS.— areas without access to water; and amended to read as follows: ‘‘(A) POPULATION.—The Administrator of ‘‘(ii) communications, monitoring, and re- FEMA may not award a grant under this sponse to a natural disaster, act of ter- ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. subsection in excess of amounts as follows: rorism, or other man-made disaster, includ- ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) In the case of a recipient that serves a ‘‘(1) ADMINISTRATOR OF FEMA.—The term ing the use of a weapon of mass destruction. ‘Administrator of FEMA’ means the Admin- jurisdiction with 100,000 people or fewer, the ‘‘(I) To acquire personal protective equip- istrator of FEMA, acting through the Ad- amount of the grant awarded to such recipi- ment, including personal protective equip- ministrator. ent shall not exceed $1,000,000 in any fiscal ment— ‘‘(2) AVAILABLE GRANT FUNDS.—The term year. ‘‘(i) prescribed for firefighting personnel by ‘available grant funds’, with respect to a fis- ‘‘(ii) In the case of a recipient that serves the Occupational Safety and Health Admin- cal year, means those funds appropriated a jurisdiction with more than 100,000 people istration of the Department of Labor; or pursuant to the authorization of appropria- but not more than 500,000 people, the amount ‘‘(ii) for responding to a natural disaster or tions in subsection (q)(1) for such fiscal year of the grant awarded to such recipient shall act of terrorism or other man-made disaster, less any funds used for administrative costs not exceed $2,000,000 in any fiscal year. including the use of a weapon of mass de- pursuant to subsection (q)(2) in such fiscal ‘‘(iii) In the case of a recipient that serves struction. year. a jurisdiction with more than 500,000 but not ‘‘(J) To modify fire stations, fire training ‘‘(3) CAREER FIRE DEPARTMENT.—The term more than 1,000,000 people, the amount of the facilities, and other facilities to protect the ‘career fire department’ means a fire depart- grant awarded to such recipient shall not ex- health and safety of firefighting personnel. ment that has an all-paid force of fire- ceed $3,000,000 in any fiscal year. ‘‘(K) To educate the public about arson fighting personnel other than paid-on-call ‘‘(iv) In the case of a recipient that serves prevention and detection. firefighters. a jurisdiction with more than 1,000,000 people ‘‘(L) To provide incentives for the recruit- ‘‘(4) COMBINATION FIRE DEPARTMENT.—The but not more than 2,500,000 people, the ment and retention of volunteer firefighting term ‘combination fire department’ means a amount of the grant awarded to such recipi- personnel for volunteer firefighting depart- fire department that has— ent shall not exceed $6,000,000 for any fiscal ments and other firefighting departments ‘‘(A) paid firefighting personnel; and year. that utilize volunteers. ‘‘(B) volunteer firefighting personnel. ‘‘(v) In the case of a recipient that serves ‘‘(M) To support such other activities, con- ‘‘(5) FIREFIGHTING PERSONNEL.—The term a jurisdiction with more than 2,500,000 peo- sistent with the purposes of this subsection, ‘firefighting personnel’ means individuals, ple, the amount of the grant awarded to such as the Administrator of FEMA determines including volunteers, who are firefighters, recipient shall not exceed $9,000,000 in any appropriate. officers of fire departments, or emergency fiscal year. medical service personnel of fire depart- ‘‘(B) AGGREGATE.— ‘‘(d) FIRE PREVENTION AND SAFETY ments. ‘‘(i) IN GENERAL.—Notwithstanding sub- GRANTS.— ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— paragraphs (A) and (B) and except as pro- ‘‘(1) IN GENERAL.—For the purpose of as- The term ‘institution of higher education’ vided under clause (ii), the Administrator of sisting fire prevention programs and sup- has the meaning given such term in section FEMA may not award a grant under this porting firefighter health and safety re- 101 of the Higher Education Act of 1965 (20 subsection in a fiscal year in an amount that search and development, the Administrator U.S.C. 1001). exceeds the amount that is one percent of of FEMA may, on a competitive basis— ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— the available grant funds in such fiscal year. ‘‘(A) award grants to fire departments; The term ‘nonaffiliated EMS organization’ ‘‘(ii) EXCEPTION.—The Administrator of ‘‘(B) award grants to, or enter into con- means a public or private nonprofit emer- FEMA may waive the limitation in clause (i) tracts or cooperative agreements with, na- gency medical services organization that is with respect to a grant recipient if the Ad- tional, State, local, tribal, or nonprofit orga- not affiliated with a hospital and does not ministrator of FEMA determines that such nizations that are not fire departments and serve a geographic area in which the Admin- recipient has an extraordinary need for a that are recognized for their experience and istrator of FEMA finds that emergency med- grant in an amount that exceeds the limit expertise with respect to fire prevention or ical services are adequately provided by a under clause (i). fire safety programs and activities and fire- fire department. ‘‘(3) USE OF GRANT FUNDS.—Each entity re- fighter research and development programs, ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ ceiving a grant under this subsection shall for the purpose of carrying out— with respect to firefighting personnel means use the grant for one or more of the fol- ‘‘(i) fire prevention programs; and firefighting personnel who are paid a stipend lowing purposes: ‘‘(ii) research to improve firefighter health for each event to which they respond. ‘‘(A) To train firefighting personnel in— and life safety; and ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(i) firefighting; ‘‘(C) award grants to institutions of higher term ‘volunteer fire department’ means a ‘‘(ii) emergency medical services and other education, national fire service organiza- fire department that has an all-volunteer emergency response (including response to tions, or national fire safety organizations to force of firefighting personnel. natural disasters, acts of terrorism, and establish and operate fire safety research ‘‘(b) ASSISTANCE PROGRAM.— other man-made disasters); centers. ‘‘(1) AUTHORITY.—In accordance with this ‘‘(iii) arson prevention and detection; ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant section, the Administrator of FEMA may ‘‘(iv) maritime firefighting; or awarded under this subsection may not ex- award— ‘‘(v) the handling of hazardous materials. ceed $1,500,000 for a fiscal year. ‘‘(A) assistance to firefighters grants under ‘‘(B) To train firefighting personnel to pro- ‘‘(3) USE OF GRANT FUNDS.—Each entity re- subsection (c); and vide any of the training described under sub- ceiving a grant under this subsection shall ‘‘(B) fire prevention and safety grants and paragraph (A). use the grant for one or more of the fol- other assistance under subsection (d). ‘‘(C) To fund the creation of rapid interven- lowing purposes: ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- tion teams to protect firefighting personnel ‘‘(A) To enforce fire codes and promote ministrator of FEMA shall— at the scenes of fires and other emergencies. compliance with fire safety standards. ‘‘(A) establish specific criteria for the se- ‘‘(D) To certify— ‘‘(B) To fund fire prevention programs, in- lection of grant recipients under this sec- ‘‘(i) fire inspectors; and cluding programs that educate the public tion; and ‘‘(ii) building inspectors— about arson prevention and detection. ‘‘(B) provide assistance with application ‘‘(I) whose responsibilities include fire ‘‘(C) To fund wildland fire prevention pro- preparation to applicants for such grants. safety inspections; and grams, including education, awareness, and

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7067 mitigation programs that protect lives, prop- ‘‘(1) The findings and recommendations of are available to the applicant to provide the erty, and natural resources from fire in the the peer reviews carried out under sub- assistance requested in such application. wildland-urban interface. section (f). ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- ‘‘(D) In the case of a grant awarded under ‘‘(2) The degree to which an award will re- TY GRANTS TO CERTAIN ORGANIZATIONS THAT paragraph (1)(C), to fund the establishment duce deaths, injuries, and property damage ARE NOT FIRE DEPARTMENTS.—In the case of or operation of a fire safety research center by reducing the risks associated with fire-re- applicants for grants under this section who for the purpose of significantly reducing the lated and other hazards. are described in subsection (d)(1)(B), the Ad- number of fire-related deaths and injuries ‘‘(3) The extent of the need of an applicant ministrator of FEMA shall give priority to among firefighters and the general public for a grant under this section and the need to applicants who focus on— through research, development, and tech- protect the United States as a whole. ‘‘(A) prevention of injuries to high risk nology transfer activities. ‘‘(4) The number of calls requesting or re- groups from fire; and ‘‘(E) To support such other activities, con- quiring a fire fighting or emergency medical ‘‘(B) research programs that demonstrate a sistent with the purposes of this subsection, response received by an applicant. potential to improve firefighter safety. as the Administrator of FEMA determines ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- appropriate. awarding grants under this section, the Ad- SEARCH CENTERS.— ‘‘(4) LIMITATION.—None of the funds made ministrator of FEMA shall ensure that of the ‘‘(A) CONSIDERATIONS.—In awarding grants available under this subsection may be pro- available grant funds in each fiscal year— under subsection (d)(1)(C), the Administrator vided to the Association of Community Orga- ‘‘(1) not less than 25 percent are awarded of FEMA shall— nizations for Reform Now (ACORN) or any of under subsection (c) to career fire depart- ‘‘(i) select each grant recipient on— its affiliates, subsidiaries, or allied organiza- ments; ‘‘(I) the demonstrated research and exten- tions. ‘‘(2) not less than 25 percent are awarded sion resources available to the recipient to ‘‘(e) APPLICATIONS FOR GRANTS.— under subsection (c) to volunteer fire depart- carry out the research, development, and ‘‘(1) IN GENERAL.—An entity seeking a ments; technology transfer activities; grant under this section shall submit to the ‘‘(3) not less than 25 percent are awarded ‘‘(II) the capability of the recipient to pro- Administrator of FEMA an application under subsection (c) to combination fire de- vide leadership in making national contribu- therefor in such form and in such manner as partments and fire departments using paid- tions to fire safety; the Administrator of FEMA determines ap- on-call firefighting personnel; ‘‘(III) the recipient’s ability to disseminate propriate. ‘‘(4) not less than 10 percent are available the results of fire safety research; and ‘‘(2) ELEMENTS.—Each application sub- for open competition among career fire de- ‘‘(IV) the strategic plan the recipient pro- mitted under paragraph (1) shall include the partments, volunteer fire departments, com- poses to carry out under the grant; following: bination fire departments, and fire depart- ‘‘(ii) give special consideration in selecting ‘‘(A) A description of the financial need of ments using paid-on-call firefighting per- recipients under subparagraph (A) to an ap- the applicant for the grant. sonnel for grants awarded under subsection plicant for a grant that consists of a partner- ‘‘(B) An analysis of the costs and benefits, (c); ship between— with respect to public safety, of the use for ‘‘(5) not less than 10 percent are awarded ‘‘(I) a national fire service organization or which a grant is requested. under subsection (d); and a national fire safety organization; and ‘‘(C) An agreement to provide information ‘‘(6) not more than 2 percent are awarded ‘‘(II) an institution of higher education, in- to the national fire incident reporting sys- under this section to nonaffiliated EMS or- cluding a minority-serving institution (as tem for the period covered by the grant. ganizations described in subsection (c)(1)(B). described in section 371(a) of the Higher Edu- ‘‘(D) A list of other sources of funding re- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- cation Act of 1965 (20 U.S.C. 1067q(a))); and ceived by the applicant— TIONS.— ‘‘(iii) consider the research needs identified ‘‘(i) for the same purpose for which the ap- ‘‘(1) FUNDING FOR EMERGENCY MEDICAL and prioritized through the workshop re- plication for a grant under this section was SERVICES.—Not less than 3.5 percent of the quired by subparagraph (B)(i). submitted; or available grant funds for a fiscal year shall ‘‘(B) RESEARCH NEEDS.— ‘‘(ii) from the Federal Government for be awarded under this section for purposes ‘‘(i) IN GENERAL.—Not later than 90 days other fire-related purposes. described in subsection (c)(3)(F). after the date of the enactment of the Fire ‘‘(E) Such other information as the Admin- ‘‘(2) STATE FIRE TRAINING ACADEMIES.— Grants Reauthorization Act of 2012, the Ad- istrator of FEMA determines appropriate. ‘‘(A) MAXIMUM SHARE.—Not more than 3 ministrator of FEMA shall convene a work- ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— percent of the available grant funds for a fis- shop of the fire safety research community, ‘‘(A) IN GENERAL.—Two or more entities cal year may be awarded under subsection fire service organizations, and other appro- may submit an application under paragraph (c)(1)(C). priate stakeholders to identify and prioritize (1) for a grant under this section to fund a ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- fire safety research needs. joint program or initiative, including acqui- ministrator of FEMA may not award a grant ‘‘(ii) PUBLICATION.—The Administrator of sition of shared equipment or vehicles. under subsection (c)(1)(C) to a State fire FEMA shall ensure that the results of the ‘‘(B) NONEXCLUSIVITY.—Applications under training academy in an amount that exceeds workshop are made available to the public. this paragraph may be submitted instead of $1,000,000 in any fiscal year. ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- or in addition to any other application sub- ‘‘(3) AMOUNTS FOR PURCHASING FIRE- TY RESEARCH CENTERS.— mitted under paragraph (1). FIGHTING VEHICLES.—Not more than 25 per- ‘‘(i) IN GENERAL.—The Administrator of ‘‘(C) GUIDANCE.—The Administrator of cent of the available grant funds for a fiscal FEMA may award grants under subsection FEMA shall— year may be used to assist grant recipients ‘‘(i) publish guidance on applying for and to purchase vehicles pursuant to subsection (d) to establish not more than 3 fire safety administering grants awarded for joint pro- (c)(3)(G). research centers. ‘‘(ii) RECIPIENTS.—An institution of higher grams and initiatives described in subpara- ‘‘(j) FURTHER CONSIDERATIONS.— education, a national fire service organiza- graph (A); and ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS tion, and a national fire safety organization ‘‘(ii) encourage applicants to apply for TO FIRE DEPARTMENTS.—In considering appli- may not directly receive a grant under sub- grants for joint programs and initiatives de- cations for grants under subsection (c)(1)(A), section (d) for a fiscal year for more than 1 scribed in subparagraph (A) as the Adminis- the Administrator of FEMA shall consider— fire safety research center. trator of FEMA determines appropriate to ‘‘(A) the extent to which the grant would ‘‘(5) AVOIDING DUPLICATION.—The Adminis- achieve greater cost effectiveness and re- enhance the daily operations of the applicant trator of FEMA shall review lists submitted gional efficiency. and the impact of such a grant on the protec- by applicants pursuant to subsection ‘‘(f) PEER REVIEW OF GRANT APPLICA- tion of lives and property; and (e)(2)(D) and take such actions as the Admin- TIONS.— ‘‘(B) a broad range of factors important to istrator of FEMA considers necessary to pre- ‘‘(1) IN GENERAL.—The Administrator of the applicant’s ability to respond to fires and vent unnecessary duplication of grant FEMA shall, after consultation with na- related hazards, such as the following: awards. tional fire service and emergency medical ‘‘(i) Population served. services organizations, appoint fire service ‘‘(ii) Geographic response area. ‘‘(k) MATCHING AND MAINTENANCE OF EX- personnel to conduct peer reviews of applica- ‘‘(iii) Hazards vulnerability. PENDITURE REQUIREMENTS.— tions received under subsection (e)(1). ‘‘(iv) Call volume. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(v) Financial situation, including unem- ANCE TO FIREFIGHTERS GRANTS.— COMMITTEE ACT.—The Federal Advisory Com- ployment rate of the area being served. ‘‘(A) IN GENERAL.—Except as provided in mittee Act (5 U.S.C. App.) shall not apply to ‘‘(vi) Need for training or equipment. subparagraph (B), an applicant seeking a activities carried out pursuant to this sub- ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS grant to carry out an activity under sub- section. ORGANIZATIONS.—In the case of an applica- section (c) shall agree to make available ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In tion submitted under subsection (e)(1) by a non-Federal funds to carry out such activity awarding grants under this section, the Ad- nonaffiliated EMS organization, the Admin- in an amount equal to not less than 15 per- ministrator of FEMA shall consider the fol- istrator of FEMA shall consider the extent cent of the grant awarded to such applicant lowing: to which other sources of Federal funding under such subsection.

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‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(1) GUIDELINES.—For each fiscal year, the health and safety of the public and fire- SMALL COMMUNITIES.—In the case that an ap- prior to awarding any grants under this sec- fighting personnel against fire and fire-re- plicant seeking a grant to carry out an ac- tion, the Administrator of FEMA shall pub- lated hazards. tivity under subsection (c) serves a jurisdic- lish in the Federal Register— ‘‘(B) CONSULTATION.—The Administrator of tion of— ‘‘(A) guidelines that describe— FEMA shall consult with fire service rep- ‘‘(i) more than 20,000 residents but not ‘‘(i) the process for applying for grants resentatives and with the Comptroller Gen- more than 1,000,000 residents, the application under this section; and eral of the United States in developing the shall agree to make available non-Federal ‘‘(ii) the criteria that will be used for se- assessment system required by subparagraph funds in an amount equal to not less than 10 lecting grant recipients; and (A). percent of the grant awarded to such appli- ‘‘(B) an explanation of any differences be- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF cant under such subsection; and tween such guidelines and the recommenda- FEMA.—Not less frequently than once each ‘‘(ii) 20,000 residents or fewer, the applicant tions obtained under paragraph (2). year during the term of a grant awarded shall agree to make available non-Federal ‘‘(2) ANNUAL MEETING TO OBTAIN REC- under this section, the recipient of the grant funds in an amount equal to not less than 5 OMMENDATIONS.— shall submit to the Administrator of FEMA percent of the grant awarded to such appli- ‘‘(A) IN GENERAL.—For each fiscal year, the an annual report describing how the recipi- cant under such subsection. Administrator of FEMA shall convene a ent used the grant amounts. ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- meeting of qualified members of national ‘‘(4) ANNUAL REPORTS TO CONGRESS.— VENTION AND SAFETY GRANTS.— fire service organizations and, at the discre- ‘‘(A) IN GENERAL.—Not later than Sep- ‘‘(A) IN GENERAL.—An applicant seeking a tion of the Administrator of FEMA, qualified tember 30, 2013, and each year thereafter grant to carry out an activity under sub- members of emergency medical service orga- through 2017, the Administrator of FEMA section (d) shall agree to make available nizations to obtain recommendations regard- shall submit to the Committee on Homeland non-Federal funds to carry out such activity ing the following: Security and Governmental Affairs of the in an amount equal to not less than 5 percent ‘‘(i) Criteria for the awarding of grants Senate and the Committee on Science and of the grant awarded to such applicant under under this section. Technology of the House of Representatives such subsection. ‘‘(ii) Administrative changes to the assist- a report that provides— ‘‘(B) MEANS OF MATCHING.—An applicant ance program established under subsection ‘‘(i) information on the performance as- for a grant under subsection (d) may meet (b). sessment system developed under paragraph the matching requirement under subpara- ‘‘(B) QUALIFIED MEMBERS.—For purposes of (2); and graph (A) through direct funding, funding of this paragraph, a qualified member of an or- ‘‘(ii) using the performance metrics devel- complementary activities, or the provision ganization is a member who— oped under such paragraph, an evaluation of of staff, facilities, services, material, or ‘‘(i) is recognized for expertise in fire- the effectiveness of the grants awarded under equipment. fighting or emergency medical services; this section. ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ‘‘(ii) is not an employee of the Federal ‘‘(B) ADDITIONAL INFORMATION.—The report applicant seeking a grant under subsection Government; and due under subparagraph (A) on September 30, (c) or (d) shall agree to maintain during the ‘‘(iii) in the case of a member of an emer- 2016, shall also include recommendations for term of the grant the applicant’s aggregate gency medical service organization, is a legislative changes to improve grants under expenditures relating to the uses described member of an organization that represents— this section. in subsections (c)(3) and (d)(3) at not less ‘‘(I) providers of emergency medical serv- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— than 80 percent of the average amount of ices that are affiliated with fire depart- ‘‘(1) IN GENERAL.—There is authorized to be such expenditures in the 2 fiscal years pre- ments; or appropriated to carry out this section— ceding the fiscal year in which the grant ‘‘(II) nonaffiliated EMS providers. ‘‘(A) $750,000,000 for fiscal year 2013; and amounts are received. ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(B) for each of fiscal years 2014 through ‘‘(4) WAIVER.— COMMITTEE ACT.—The Federal Advisory Com- 2017, an amount equal to the amount author- ‘‘(A) IN GENERAL.—Except as provided in mittee Act (5 U.S.C. App.) shall not apply to subparagraph (C)(ii), the Administrator of ized for the previous fiscal year increased by FEMA may waive or reduce the require- activities carried out under this subsection. the percentage by which— ‘‘(m) ACCOUNTING DETERMINATION.—Not- ments of paragraphs (1), (2), and (3) in cases ‘‘(i) the Consumer Price Index (all items, withstanding any other provision of law, for of demonstrated economic hardship. United States city average) for the previous purposes of this section, equipment costs fiscal year, exceeds ‘‘(B) GUIDELINES.— shall include all costs attributable to any de- ‘‘(i) IN GENERAL.—The Administrator of ‘‘(ii) the Consumer Price Index for the fis- sign, purchase of components, assembly, cal year preceding the fiscal year described FEMA shall establish and publish guidelines manufacture, and transportation of equip- for determining what constitutes economic in clause (i). ment not otherwise commercially available. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the hardship for purposes of this paragraph. ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ‘‘(ii) CONSULTATION.—In developing guide- amounts appropriated pursuant to paragraph ALASKA NATIVE VILLAGES.—The Alaska Vil- (1) for a fiscal year, the Administrator of lines under clause (i), the Administrator of lage Initiatives, a non-profit organization in- FEMA shall consult with individuals who FEMA may use not more than 5 percent of corporated in the State of Alaska, shall be such amounts for salaries and expenses and are— eligible to apply for and receive a grant or ‘‘(I) recognized for expertise in firefighting, other administrative costs incurred by the other assistance under this section on behalf Administrator of FEMA in the course of emergency medical services provided by fire of Alaska Native villages. awarding grants and providing assistance services, or the economic affairs of State and ‘‘(o) TRAINING STANDARDS.—If an applicant under this section. local governments; and for a grant under this section is applying for ONGRESSIONALLY DIRECTED SPEND- ‘‘(II) members of national fire service orga- such grant to purchase training that does ‘‘(3) C nizations or national organizations rep- not meet or exceed any applicable national ING.—Consistent with the requirements in resenting the interests of State and local voluntary consensus standards, including subsections (c)(1) and (d)(1) that grants under governments. those developed under section 647 of the those subsections be awarded on a competi- ‘‘(iii) CONSIDERATIONS.—In developing Post-Katrina Emergency Management Re- tive basis, none of the funds appropriated guidelines under clause (i), the Adminis- form Act of 2006 (6 U.S.C. 747), the applicant pursuant to this subsection may be used for trator of FEMA shall consider, with respect shall submit to the Administrator of FEMA any congressionally directed spending item to relevant communities, the following: an explanation of the reasons that the train- (as defined under the rules of the Senate and ‘‘(I) Changes in rates of unemployment ing proposed to be purchased will serve the the House of Representatives). from previous years. needs of the applicant better than training ‘‘(r) SUNSET OF AUTHORITIES.—The author- ‘‘(II) Whether the rates of unemployment that meets or exceeds such standards. ity to award assistance and grants under this of the relevant communities are currently ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— section shall expire on the date that is 10 and have consistently exceeded the annual ‘‘(1) AUDITS.—The Administrator of FEMA years after the date of the enactment of the national average rates of unemployment. may audit a recipient of a grant awarded Fire Grants Reauthorization Act of 2012.’’. ‘‘(III) Changes in percentages of individ- under this section to ensure that— SEC. 1804. STAFFING FOR ADEQUATE FIRE AND uals eligible to receive food stamps from pre- ‘‘(A) the grant amounts are expended for EMERGENCY RESPONSE. vious years. the intended purposes; and (a) IMPROVEMENTS TO HIRING GRANTS.— ‘‘(IV) Such other factors as the Adminis- ‘‘(B) the grant recipient complies with the (1) TERM OF GRANTS.—Subparagraph (B) of trator of FEMA considers appropriate. requirements of subsection (k). section 34(a)(1) of the Federal Fire Preven- ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(2) PERFORMANCE ASSESSMENT.— tion and Control Act of 1974 (15 U.S.C. TION AND SAFETY GRANTS.—The authority ‘‘(A) IN GENERAL.—The Administrator of 2229a(a)(1)) is amended to read as follows: under subparagraph (A) shall not apply with FEMA shall develop and implement a per- ‘‘(B) Grants made under this paragraph respect to a nonprofit organization that— formance assessment system, including shall be for 3 years and be used for programs ‘‘(i) is described in subsection (d)(1)(B); and quantifiable performance metrics, to evalu- to hire new, additional firefighters.’’. ‘‘(ii) is not a fire department or emergency ate the extent to which grants awarded (2) LIMITATION OF PORTION OF COSTS OF HIR- medical services organization. under this section are furthering the pur- ING FIREFIGHTERS.—Subparagraph (E) of such ‘‘(l) GRANT GUIDELINES.— poses of this section, including protecting section is amended to read as follows:

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‘‘(E) The portion of the costs of hiring fire- ‘‘(1) IN GENERAL.—The Administrator of (C) by striking ‘‘There are’’ and inserting fighters provided by a grant under this para- FEMA shall establish a performance assess- the following: graph may not exceed— ment system, including quantifiable per- ‘‘(1) IN GENERAL.—There are’’; and ‘‘(i) 75 percent in the first year of the formance metrics, to evaluate the extent to (D) by adding at the end the following: grant; which grants awarded under this section are ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(ii) 75 percent in the second year of the furthering the purposes of this section. amounts appropriated pursuant to paragraph grant; and ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (1) for a fiscal year, the Administrator of ‘‘(iii) 35 percent in the third year of the (f) REPORT.— FEMA may use not more than 5 percent of grant.’’. (1) IN GENERAL.—Subsection (f) of section such amounts to cover salaries and expenses (b) CLARIFICATION REGARDING ELIGIBLE EN- 34 of such Act (15 U.S.C. 2229a), as redesig- and other administrative costs incurred by TITIES FOR RECRUITMENT AND RETENTION nated by subsection (d)(1) of this section, is the Administrator of FEMA to make grants GRANTS.—The second sentence of section amended by striking ‘‘The authority’’ and all and provide assistance under this section.’’. 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is that follows through ‘‘Congress concerning’’ (3) CONGRESSIONALLY DIRECTED SPENDING.— amended by striking ‘‘organizations on a and inserting the following: ‘‘Not later than Such subsection (j) is further amended by local or statewide basis’’ and inserting ‘‘na- September 30, 2014, the Administrator of adding at the end the following: tional, State, local, or tribal organizations’’. FEMA shall submit to the Committee on ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- (c) MAXIMUM AMOUNT FOR HIRING A FIRE- Homeland Security and Governmental Af- ING.—Consistent with the requirement in FIGHTER.—Paragraph (4) of section 34(c) of subsection (a) that grants under this section such Act (15 U.S.C. 2229a(c)) is amended to fairs of the Senate and the Committee on be awarded on a competitive basis, none of read as follows: Science and Technology of the House of Rep- ‘‘(4) The amount of funding provided under resentatives a report on’’. the funds appropriated pursuant to this sub- this section to a recipient fire department (2) CONFORMING AMENDMENT.—The heading section may be used for any congressionally for hiring a firefighter in any fiscal year may for subsection (f) of section 34 of such Act (15 direct spending item (as defined under the not exceed— U.S.C. 2229a), as redesignated by subsection rules of the Senate and the House of Rep- ‘‘(A) in the first year of the grant, 75 per- (d)(1) of this section, is amended by striking resentatives).’’. cent of the usual annual cost of a first-year ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- (i) TECHNICAL AMENDMENT.—Section 34 of firefighter in that department at the time PORT’’. such Act (15 U.S.C. 2229a) is amended by the grant application was submitted; (g) ADDITIONAL DEFINITIONS.— striking ‘‘Administrator’’ each place it ap- ‘‘(B) in the second year of the grant, 75 per- (1) IN GENERAL.—Subsection (i) of section pears and inserting ‘‘Administrator of cent of the usual annual cost of a first-year 34 of such Act (15 U.S.C. 2229a), as redesig- FEMA’’. firefighter in that department at the time nated by subsection (d)(1) of this section, is (j) CLERICAL AMENDMENT.—Such section is the grant application was submitted; and amended— further amended in the heading by striking ‘‘(C) in the third year of the grant, 35 per- (A) in the matter before paragraph (1), by ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, cent of the usual annual cost of a first-year striking ‘‘In this section, the term—’’ and in- FIRE GRANT PROGRAM’’ and inserting the firefighter in that department at the time serting ‘‘In this section:’’; following: ‘‘staffing for adequate fire and emer- the grant application was submitted.’’. (B) in paragraph (1)— gency response’’. (d) WAIVERS.—Section 34 of such Act (15 (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- (k) SUNSET OF AUTHORITY TO AWARD HIRING U.S.C. 2229a) is amended— fighter’ has’’; and GRANTS.—Such section is further amended (1) by redesignating subsections (d) (ii) by striking ‘‘; and’’ and inserting a pe- by adding at the end the following: through (i) as subsections (e) through (j), re- riod; ‘‘(k) SUNSET OF AUTHORITIES.—The author- spectively; and (C) by striking paragraph (2); and ity to award assistance and grants under this (2) by inserting after subsection (c) the fol- (D) by inserting at the end the following: section shall expire on the date that is 10 lowing: ‘‘(2) The terms ‘Administrator of FEMA’, years after the date of the enactment of the ‘‘(d) WAIVERS.— ‘career fire department’, ‘combination fire Fire Grants Reauthorization Act of 2012.’’. ‘‘(1) IN GENERAL.—In a case of dem- department’, and ‘volunteer fire department’ SEC. 1805. SENSE OF CONGRESS ON VALUE AND onstrated economic hardship, the Adminis- have the meanings given such terms in sec- FUNDING OF ASSISTANCE TO FIRE- FIGHTERS AND STAFFING FOR ADE- trator of FEMA may— tion 33(a).’’. ‘‘(A) waive the requirements of subsection QUATE FIRE AND EMERGENCY RE- (2) CONFORMING AMENDMENT.—Section SPONSE PROGRAMS. (c)(1); or 34(a)(1)(A) of such Act (15 U.S.C. ‘‘(B) waive or reduce the requirements in It is the sense of Congress that— 2229a(a)(1)(A)) is amended by striking ‘‘ca- (1) the grants and assistance awarded subsection (a)(1)(E) or subsection (c)(2). reer, volunteer, and combination fire depart- ‘‘(2) GUIDELINES.— under sections 33 and 34 of the Federal Fire ments’’ and inserting ‘‘career fire depart- Prevention and Control Act of 1974 (15 U.S.C. ‘‘(A) IN GENERAL.—The Administrator of ments, combination fire departments, and FEMA shall establish and publish guidelines 2229 and 2229a) have proven equally valuable volunteer fire departments’’. for determining what constitutes economic in protecting the health and safety of the (h) AUTHORIZATION OF APPROPRIATIONS.— hardship for purposes of paragraph (1). public and firefighting personnel throughout (1) IN GENERAL.—Subsection (j) of section ‘‘(B) CONSULTATION.—In developing guide- the United States against fire and fire-re- 34 of such Act (15 U.S.C. 2229a), as redesig- lines under subparagraph (A), the Adminis- lated hazards; and trator of FEMA shall consult with individ- nated by subsection (d)(1) of this section, is (2) providing parity in funding for the uals who are— amended— awarding of grants and assistance under both ‘‘(i) recognized for expertise in firefighting, (A) in paragraph (6), by striking ‘‘and’’ at such sections will ensure that the grant and emergency medical services provided by fire the end; assistance programs under such sections can services, or the economic affairs of State and (B) in paragraph (7), by striking the period continue to serve their complementary pur- local governments; and at the end and inserting ‘‘; and’’; and poses. ‘‘(ii) members of national fire service orga- (C) by adding at the end the following: SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- nizations or national organizations rep- ‘‘(8) $750,000,000 for fiscal year 2013; and ANCE TO FIREFIGHTERS AND STAFF- resenting the interests of State and local ‘‘(9) for each of fiscal years 2014 through ING FOR ADEQUATE FIRE AND governments. 2017, an amount equal to the amount author- EMERGENCY RESPONSE PROGRAMS. ‘‘(C) CONSIDERATIONS.—In developing guide- ized for the previous fiscal year increased by (a) IN GENERAL.—Not later than September lines under subparagraph (A), the Adminis- the percentage by which— 30, 2016, the Comptroller General of the trator of FEMA shall consider, with respect ‘‘(A) the Consumer Price Index (all items, United States shall submit to the Committee to relevant communities, the following: United States city average) for the previous on Homeland Security and Governmental Af- ‘‘(i) Changes in rates of unemployment fiscal year, exceeds fairs of the Senate and the Committee on from previous years. ‘‘(B) the Consumer Price Index for the fis- Science and Technology of the House of Rep- ‘‘(ii) Whether the rates of unemployment cal year preceding the fiscal year described resentatives a report on the effect of the of the relevant communities are currently in subparagraph (A).’’. amendments made by this title. and have consistently exceeded the annual (2) ADMINISTRATIVE EXPENSES.—Such sub- (b) CONTENTS.—The report required by sub- national average rates of unemployment. section (j) is further amended— section (a) shall include the following: ‘‘(iii) Changes in percentages of individuals (A) in paragraph (9), as added by paragraph (1) An assessment of the effect of the eligible to receive food stamps from previous (1) of this subsection, by redesignating sub- amendments made by sections 1803 and 1804 years. paragraphs (A) and (B) as clauses (i) and (ii), on the effectiveness, relative allocation, ac- ‘‘(iv) Such other factors as the Adminis- respectively, and moving the left margin of countability, and administration of the trator of FEMA considers appropriate.’’. such clauses, as so redesignated, 2 ems to the grants and assistance awarded under sec- (e) IMPROVEMENTS TO PERFORMANCE EVAL- right; tions 33 and 34 of the Federal Fire Preven- UATION REQUIREMENTS.—Subsection (e) of (B) by redesignating paragraphs (1) tion and Control Act of 1974 (15 U.S.C. 2229 section 34 of such Act (15 U.S.C. 2229a), as re- through (9) as subparagraphs (A) through (I), and 2229a) after the date of the enactment of designated by subsection (d)(1) of this sec- respectively, and moving the left margin of this Act. tion, is amended by inserting before the first such subparagraphs, as so redesignated, 2 (2) An evaluation of the extent to which sentence the following: ems to the right; the amendments made by sections 1803 and

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SAFETY.— 1974 (15 U.S.C. 2229) in meeting the needs of (a) DEFINITIONS.—In this section: (1) ESTABLISHMENT.—Not later than 60 days fire services and filling the gaps identified (1) ADMINISTRATOR.—The term ‘‘Adminis- after the date of the enactment of this Act, under subparagraph (C). trator’’ means the Administrator of the the Secretary of Homeland Security shall es- (2) REPORT.—Not later than 2 years after United States Fire Administration. tablish a task force to be known as the the date of the enactment of this title, the (2) CAREER FIRE DEPARTMENT, COMBINATION ‘‘Task Force to Enhance Firefighter Safety’’ Administrator shall submit to Congress a re- FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- (in this subsection referred to as the ‘‘Task port on the findings of the Administrator MENT.—The terms ‘‘career fire department’’, Force’’). with respect to the study conducted under ‘‘combination fire department’’, and ‘‘volun- (2) MEMBERSHIP.— paragraph (1). teer fire department’’ have the meanings (A) IN GENERAL.—Members of the Task (e) AUTHORIZATION OF APPROPRIATIONS.— given such terms in section 33(a) of the Fed- Force shall be appointed by the Secretary There are authorized to be appropriated to eral Fire Prevention and Control Act of 1974 from among the general public and shall in- the Administrator to carry out this section— (15 U.S.C. 2229(a)), as amended by section clude the following: (1) $600,000 for fiscal year 2013; and 1803. (i) Representatives of national organiza- (2) $600,000 for fiscal year 2014. (3) FIRE SERVICE.—The term ‘‘fire service’’ tions representing firefighters and fire has the meaning given such term in section chiefs. Subtitle B—Reauthorization of United States 4 of the Federal Fire Prevention and Control (ii) Individuals representing standards-set- Fire Administration Act of 1974 (15 U.S.C. 2203). ting and accrediting organizations, including SEC. 1811. SHORT TITLE. (b) STUDY AND REPORT ON COMPLIANCE WITH representatives from the voluntary con- This subtitle may be cited as the ‘‘United STAFFING STANDARDS.— sensus codes and standards development States Fire Administration Reauthorization (1) STUDY.—The Administrator shall con- community. Act of 2012’’. duct a study on the level of compliance with (iii) Such other individuals as the Sec- SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- national voluntary consensus standards for retary considers appropriate. TWEEN UNITED STATES FIRE AD- staffing, training, safe operations, personal (B) REPRESENTATIVES OF OTHER DEPART- MINISTRATION AND FEDERAL EMER- protective equipment, and fitness among the MENTS AND AGENCIES.—The Secretary may GENCY MANAGEMENT AGENCY. fire services of the United States. invite representatives of other Federal de- Section 5(c) of the Federal Fire Prevention (2) SURVEY.— partments and agencies that have an inter- and Control Act of 1974 (15 U.S.C. 2204) is (A) IN GENERAL.—In carrying out the study est in fire services to participate in the amended to read as follows: required by paragraph (1), the Administrator meetings and other activities of the Task ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- shall carry out a survey of fire services to as- Force. istrator may appoint a Deputy Adminis- sess the level of compliance of such fire serv- (C) NUMBER; TERMS OF SERVICE; PAY AND trator, who shall— ices with the standards described in such ALLOWANCES.—The Secretary shall determine ‘‘(1) perform such functions as the Admin- paragraph. the number, terms of service, and pay and al- istrator shall from time to time assign or (B) ELEMENTS.—The survey required by lowances of members of the Task Force ap- delegate; and subparagraph (A) shall— pointed by the Secretary, except that a term ‘‘(2) act as Administrator during the ab- (i) include career fire departments, volun- of service of any such member may not ex- sence or disability of the Administrator or in teer fire departments, combination fire de- ceed 2 years. the event of a vacancy in the office of Ad- partments, and fire departments serving (3) RESPONSIBILITIES.—The Task Force ministrator.’’. communities of different sizes, and such shall— other distinguishing factors as the Adminis- SEC. 1813. MODIFICATION OF AUTHORITY OF AD- (A) consult with the Secretary in the con- MINISTRATOR TO EDUCATE PUBLIC trator considers relevant; duct of the study required by subsection ABOUT FIRE AND FIRE PREVENTION. (ii) employ methods to ensure that the sur- (b)(1); and Section 6 of the Federal Fire Prevention vey accurately reflects the actual rate of (B) develop a plan to enhance firefighter and Control Act of 1974 (15 U.S.C. 2205) is compliance with the standards described in safety by increasing fire service compliance amended by striking ‘‘to take all steps’’ and paragraph (1) among fire services; and with the standards described in subsection all that follows through ‘‘fire and fire pre- (iii) determine the extent of barriers and (b)(1), including by— vention.’’ and inserting ‘‘to take such steps challenges to achieving compliance with the (i) reviewing and evaluating the report re- as the Administrator considers appropriate standards described in paragraph (1) among quired by subsection (b)(3)(A) to determine to educate the public and overcome public fire services. the extent of and barriers to achieving com- indifference as to fire, fire prevention, and (C) AUTHORITY TO CARRY OUT SURVEY WITH pliance with the standards described in sub- individual preparedness.’’. NONPROFIT.—If the Administrator determines section (b)(1) among fire services; and SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. that it will reduce the costs incurred by the (ii) considering ways in which the Federal United States Fire Administration in car- Government, States, and local governments Section 17(g)(1) of the Federal Fire Preven- rying out the survey required by subpara- can promote or encourage fire services to tion and Control Act of 1974 (15 U.S.C. graph (A), the Administrator may carry out comply with such standards. 2216(g)(1)) is amended— (1) in subparagraph (G), by striking ‘‘and’’ such survey in conjunction with a nonprofit (4) REPORT.— at the end; organization that has substantial expertise (A) IN GENERAL.—Not later than 180 days and experience in the following areas: after the date on which the Secretary sub- (2) in subparagraph (H), by striking the pe- (i) The fire services. mits the report required by subsection riod at the end and inserting a semicolon; (ii) National voluntary consensus stand- (b)(3)(A), the Task Force shall submit to (3) by adding after subparagraph (H) the ards. Congress and the Secretary a report on the following: (iii) Contemporary survey methods. activities and findings of the Task Force. ‘‘(I) $76,490,890 for fiscal year 2013, of which $2,753,672 shall be used to carry out section (3) REPORT ON FINDINGS OF STUDY.— (B) CONTENTS.—The report required by sub- (A) IN GENERAL.—Not later than 2 years paragraph (A) shall include the following: 8(f); after the date of the enactment of this Act, (i) The findings and recommendations of ‘‘(J) $76,490,890 for fiscal year 2014, of which the Administrator shall submit to Congress the Task Force with respect to the study $2,753,672 shall be used to carry out section a report on the findings of the Administrator carried out under subsection (b)(1). 8(f); with respect to the study required by para- (ii) The plan developed under paragraph ‘‘(K) $76,490,890 for fiscal year 2015, of which graph (1). (3)(B). $2,753,672 shall be used to carry out section (B) CONTENTS.—The report required by sub- (d) STUDY AND REPORT ON THE NEEDS OF 8(f); paragraph (A) shall include the following: FIRE SERVICES.— ‘‘(L) $76,490,890 for fiscal year 2016, of which (i) An accurate description, based on the (1) STUDY.—The Administrator shall con- $2,753,672 shall be used to carry out section results of the survey required by paragraph duct a study— 8(f); and (2)(A), of the rate of compliance with the (A) to define the current roles and activi- ‘‘(M) $76,490,890 for fiscal year 2017, of standards described in paragraph (1) among ties associated with fire services on a na- which $2,753,672 shall be used to carry out United States fire services, including a com- tional, State, regional, and local level; section 8(f).’’; and parison of the rates of compliance among ca- (B) to identify the equipment, staffing, and (4) in subparagraphs (E) through (H), by reer fire departments, volunteer fire depart- training required to fulfill the roles and ac- moving each margin 2 ems to the left. ments, combination fire departments, and tivities defined under subparagraph (A); SEC. 1815. REMOVAL OF LIMITATION. fire departments serving communities of dif- (C) to conduct an assessment to identify Section 9(d) of the Federal Fire Prevention ferent sizes, and such other comparisons as gaps between what fire services currently and Control Act of 1974 (15 U.S.C. 2208(d)) is Administrator considers relevant. possess and what they require to meet the amended—

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(1) by striking ‘‘UPDATE.—’’ and all that committed, or was about to commit, in the that rapidly share fire control data to extend follows through ‘‘The Administrator’’ and in- presence of the officer, a crime of violence the effective engagement ranges of various serting ‘‘UPDATE.—The Administrator’’; and that resulted in, or was likely to result in, platforms; (2) by striking paragraph (2). death or serious bodily injury. (ii) the integration of such systems into ‘‘(d) In this section, the following defini- current and future strategic plans for the de- SA 3078. Mrs. HUTCHISON submitted tions apply: fense of forward deployed United States an amendment intended to be proposed ‘‘(1) The terms ‘civil action’ and ‘criminal forces; and by her to the bill S. 3254, to authorize prosecution’ include any proceeding (wheth- (iii) the use of cost assessments by the Of- appropriations for fiscal year 2013 for er or not ancillary to another proceeding) to fice of Cost Assessment and Program Evalua- the extent that in such proceeding a judicial military activities of the Department tion to obtain comparative assessments of order, including a subpoena for testimony or the costs of existing capabilities with the of Defense, for military construction, documents, is sought or issued. If removal is costs of systems in development and time to and for defense activities of the De- sought for a proceeding described in the pre- field. partment of Energy, to prescribe mili- vious sentence, and there is no other basis (c) FORM.—The report shall be submitted tary personnel strengths for such fiscal for removal, only that proceeding may be re- in unclassified form, but may include a clas- year, and for other purposes; which was moved to the district court. sified annex. ordered to lie on the table; as follows: ‘‘(2) The term ‘crime of violence’ has the meaning given that term in section 16 of At the end of section 912 of subtitle B of title 18. SA 3081. Mr. BARRASSO submitted title IX of division A, add the following: ‘‘(3) The term ‘law enforcement officer’ an amendment intended to be proposed (c) EXTENSION OF CERTAIN SPACE LAUNCH means any employee described in subpara- by him to the bill S. 3254, to authorize LIABILITY PROVISIONS.—Section 50915(f) of graph (A), (B), or (C) of section 8401(17) of appropriations for fiscal year 2013 for title 51, United States Code, is amended by title 5 and any special agent in the Diplo- striking ‘‘December 31, 2012’’ and inserting military activities of the Department matic Security Service of the Department of ‘‘December 31, 2014’’. of Defense, for military construction, State. (d) EXTENSION OF CERTAIN INTERNATIONAL and for defense activities of the De- ‘‘(4) The term ‘serious bodily injury’ has SPACE COOPERATION PROVISIONS.—Section the meaning given that term in section 1365 partment of Energy, to prescribe mili- 7(1)(B) of Public Law 106—178 (50 U.S.C. 1701 of title 18. tary personnel strengths for such fiscal note) is amended by striking ‘‘prior to July ‘‘(5) The term ‘State’ includes the District year, and for other purposes; which was 1, 2016’’ and inserting ‘‘prior to December 31, of Columbia, United States territories and ordered to lie on the table; as follows: 2020’’. insular possessions, and Indian country (as (e) LEVEL OF EFFORT ASSURANCE.— At the end of subtitle H of title X, add the defined in section 1151 of title 18). (1) IN GENERAL.—To ensure sufficient re- following: ‘‘(6) The term ‘State court’ includes the sources for the development of Federal and Superior Court of the District of Columbia, a SEC. 1084. PRIVATE RIGHT OF ACTION UNDER commercial launch capabilities under titles court of a United States territory or insular UNIFORMED AND OVERSEAS CITI- III and IV of the National Aeronautics and ZENS ABSENTEE VOTING ACT. possession, and a tribal court.’’. Space Administration Authorization Act of Section 105 of the Uniformed and Overseas 2010 (42 U.S.C. 18301 et seq.; 124 Stat. 2805), for SA 3080. Ms. AYOTTE submitted an Citizens Absentee Voting Act (42 U.S.C. fiscal years 2014 and 2015 the proportionate amendment intended to be proposed by 1973ff–4) is amended by striking subsection funding levels for the Space Launch System, (b) and inserting the following: the Multi-Purpose Crew Vehicle, known as her to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for ‘‘(b) PRIVATE RIGHT OF ACTION.—A person Orion, and related Ground Systems and tech- who is aggrieved by a violation of this Act nology developments, shall be no less than military activities of the Department of Defense, for military construction, may bring a civil action in an appropriate the proportion as provided in the aggregate district court for such declaratory or injunc- within the Exploration account for fiscal and for defense activities of the De- tive relief as may be necessary to carry out year 2013. partment of Energy, to prescribe mili- this Act. (2) EXCEPTION.—Paragraph (1) shall not tary personnel strengths for such fiscal apply if the amounts provided for the activi- ‘‘(c) ATTORNEY’S FEES.—In a civil action year, and for other purposes; which was under this section, the court may allow the ties under paragraph (1) for fiscal year 2014 ordered to lie on the table; as follows: or fiscal year 2015 are equal to or greater prevailing party (other than the United than the aggregate amounts provided for At the end of subtitle F of title X, add the States) reasonable attorney’s fees, including each of those activities for fiscal year 2012 or following: litigation expenses, and costs. 2013, whichever is greater, by an Act of Con- SEC. 1064. REPORT ON CAPABILITIES TO RE- ‘‘(d) REPORTS TO CONGRESS.— gress. SPOND TO THREATS POSED TO DE- ‘‘(1) ANNUAL REPORT.—Not later than De- PLOYED UNITED STATES FORCES cember 31 of each year, the Attorney General AND INSTALLATIONS BY CRUISE shall submit to Congress an annual report on SA 3079. Mr. GRASSLEY (for himself MISSILES, AIRCRAFT, TACTICAL BAL- and Mr. COONS) submitted an amend- LISTIC MISSILES, ROCKETS, AND any civil action brought by the Attorney ment intended to be proposed by him OTHER SURFACE MOVING TARGETS. General under subsection (a) during the pre- ceding year or any civil action brought by a to the bill S. 3254, to authorize appro- (a) REPORT REQUIRED.—Not later than 120 days after the date of the enactment of this private party under subsection (b) in which priations for fiscal year 2013 for mili- Act, the Secretary of Defense shall submit to the Attorney General intervened. tary activities of the Department of the Committees on Armed Services of the ‘‘(2) REPORT ON ENFORCEMENT.—Not later Defense, for military construction, and Senate and the House of Representatives a than July 1 of each year in which a general for defense activities of the Depart- report on the capabilities of the Armed election for Federal office is scheduled, the ment of Energy, to prescribe military Forces to respond to threats posed to de- Attorney General shall submit to Congress a personnel strengths for such fiscal ployed United States forces and installations report on the number of attorneys and other year, and for other purposes; which was by cruise missiles, aircraft (including un- staff within the Department of Justice as- signed to enforce the Uniformed and Over- ordered to lie on the table; as follows: manned aerial vehicles), tactical ballistic missiles, large caliber rockets, and other sur- seas Citizen Absentee Voting Act, as well as At the appropriate place, insert the fol- face moving targets. the Attorney General’s plan to detect non- lowing: (b) ELEMENTS.—The report shall include compliance by State and local election offi- SEC. ll. REMOVAL OF ACTION. the following: cials with the requirements of the law.’’. Section 1442 of title 28, United States Code, (1) A summary of the current unmet re- is amended by striking subsection (c) and in- quirements of the combatant commands to SA 3082. Mr. BARRASSO submitted serting the following: respond to the threats described in sub- an amendment intended to be proposed ‘‘(c) Solely for purposes of determining the section (a). propriety of removal under subsection (a), a (2) A plan that, if implemented, would ad- by him to the bill S. 3254, to authorize law enforcement officer, who is the defend- dress current unmet requirements summa- appropriations for fiscal year 2013 for ant in a criminal prosecution, shall be rized under paragraph (1), including by— military activities of the Department deemed to have been acting under the color (A) expeditiously addressing any gaps be- of Defense, for military construction, of his office if the officer— tween the requirements summarized under and for defense activities of the De- ‘‘(1) protected an individual in the presence paragraph (1) and current capabilities to partment of Energy, to prescribe mili- of the officer from a crime of violence; meet such requirements; and tary personnel strengths for such fiscal ‘‘(2) provided immediate assistance to an (B) ensuring that the capabilities of the year, and for other purposes; which was individual who suffered, or who was threat- Armed Forces keep abreast of such threats ened with, bodily harm; or in the future, including through— ordered to lie on the table; as follows: ‘‘(3) prevented the escape of any individual (i) the development and deployment of per- At the end of subtitle F of title VI, add the who the officer reasonably believed to have sistent surveillance and tracking systems following:

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7072 CONGRESSIONAL RECORD — SENATE November 28, 2012 SEC. 662. REPORT ON ISSUANCE BY ARMED of Defense, for military construction, year, and for other purposes; which was FORCES MEDICAL EXAMINER OF and for defense activities of the De- ordered to lie on the table; as follows: DEATH CERTIFICATES FOR MEM- BERS OF THE ARMED FORCES WHO partment of Energy, to prescribe mili- At the end of title XVII, add the following: DIE ON ACTIVE DUTY ABROAD. tary personnel strengths for such fiscal SEC. 1711. AIR FORCE ASSESSMENTS OF THE EF- (a) REPORT REQUIRED.—Not later than 120 year, and for other purposes; which was FECTS OF PROPOSED MOVEMENTS days after the date of the enactment of this ordered to lie on the table; as follows: OF AIRFRAMES ON JOINT READI- Act, the Secretary of Defense shall submit to NESS TRAINING. At the end of subtitle H of title X, add the the congressional defense committees a re- The Secretary of the Air Force shall— following: port on the issuance by the Armed Forces (1) undertake an assessment of the effects Medical Examiner of death certificates for SEC. 1084. RENEWAL OF EXPIRED PROHIBITION of currently-proposed movements of Air members of the Armed Forces who die on ac- ON RETURN OF VETERANS MEMO- Force airframes on Green Flag East and RIAL OBJECTS WITHOUT SPECIFIC Green Flag West joint readiness training; tive duty abroad, including mechanisms for AUTHORIZATION IN LAW. reducing or ameliorating delays in the and (a) CODIFICATION OF PROHIBITION.—Section (2) if the Secretary determines it appro- issuance of such death certificates. 2572 of title 10, United States Code, is amend- (b) ELEMENTS.—The report required by sub- priate, submit to the congressional defense ed by adding at the end the following new section (a) shall include the following: committees a report setting forth a proposal subsection: to make future replacements of capabilities (1) A description of the process used by the ‘‘(e)(1) Except as provided in paragraph (3), for purposes of augmenting training at the Armed Forces Medical Examiner to issue a and notwithstanding this section or any joint readiness training center (JRTC) or for death certificate for members of the Armed other provision of law, the President may such other purposes as the Secretary con- Forces who die on active duty abroad, in- not transfer a veterans memorial object to a siders appropriate. cluding an explanation for any current foreign country or an entity controlled by a delays in the issuance of such death certifi- foreign government, or otherwise transfer or cates. SA 3087. Mr. VITTER submitted an convey such an object to any person or enti- amendment intended to be proposed by (2) A description of the average amount of ty for purposes of the ultimate transfer or time taken by the Armed Forces Medical Ex- conveyance of the object to a foreign coun- him to the bill S. 3254, to authorize ap- aminer to issue such death certificates. try or entity controlled by a foreign govern- propriations for fiscal year 2013 for (3) An assessment of the feasibility and ad- ment. military activities of the Department visability of issuing temporary death certifi- ‘‘(2) In this subsection: of Defense, for military construction, cates for members of the Armed Forces who ‘‘(A) The term ‘entity controlled by a for- and for defense activities of the De- die on active duty abroad in order to provide eign government’ has the meaning given necessary documentation for survivors. partment of Energy, to prescribe mili- that term in section 2536(c)(1) of this title. tary personnel strengths for such fiscal (4) A description of the actions required to ‘‘(B) The term ‘veterans memorial object’ enable the Armed Forces Medical Examiner means any object, including a physical struc- year, and for other purposes; which was to issue a death certificate for a member of ture or portion thereof, that— ordered to lie on the table; as follows: the Armed Forces who dies on active duty ‘‘(i) is located at a cemetery of the Na- At the end of subtitle F of title X, add the abroad not later than seven days after the tional Cemetery System, war memorial, or following: return of the remains of the member to the military installation in the United States; SEC. 1064. REPORT ON PLANNED EFFICIENCY INI- United States. ‘‘(ii) is dedicated to, or otherwise memori- TIATIVES AT SPACE AND NAVAL (5) Such other recommendations for legis- alizes, the death in combat or combat-re- WARFARE SYSTEMS COMMAND. lative or administrative action as the Sec- lated duties of members of the armed forces; (a) REPORT REQUIRED.—Not later than 90 retary considers appropriate to provide for and days after the date of the enactment of this the issuance by the Armed Forces Medical ‘‘(iii) was brought to the United States Act, the Secretary of the Navy shall submit Examiner of a death certificate for members from abroad as a memorial of combat to the congressional defense committees a of the Armed Forces who die on active duty abroad.’’. report on plans to implement efficiency ini- abroad not later than seven days after the (b) REPEAL OF OBSOLETE SOURCE LAW.— tiatives to reduce overhead costs at the return of the remains of such members to Section 1051 of the National Defense Author- Space and Naval Warfare Systems Command the United States. ization Act for Fiscal Year 2000 (Public Law (SPAWAR), including a detailed description 106–65; 10 U.S.C. 2572 note) is repealed. of the long-term impacts on current and SA 3083. Mr. BARRASSO (for him- planned future mission requirements. self, Mr. HOEVEN, Mr. ENZI, Mr. SA 3085. Mr. VITTER submitted an (b) PROHIBITION ON ACCOUNT ADJUST- TESTER, and Mr. HATCH submitted an amendment intended to be proposed by MENTS.—The Secretary of the Navy may not amendment intended to be proposed by him to the bill S. 3254, to authorize ap- make adjustments in relation to Commander him to the bill S. 3254, to authorize ap- Navy Installations Command, Naval Warfare propriations for fiscal year 2013 for Systems Center Atlantic accounts until the propriations for fiscal year 2013 for military activities of the Department military activities of the Department Secretary submits the report required under of Defense, for military construction, subsection (a). of Defense, for military construction, and for defense activities of the De- and for defense activities of the De- partment of Energy, to prescribe mili- SA 3088. Mr. CASEY (for himself, partment of Energy, to prescribe mili- tary personnel strengths for such fiscal Mrs. HUTCHISON, Ms. MIKULSKI, Mrs. tary personnel strengths for such fiscal year, and for other purposes; which was FEINSTEIN, Mrs. GILLIBRAND, Ms. MUR- year, and for other purposes; which was ordered to lie on the table; as follows: KOWSKI, Ms. SNOWE, Mr. LAUTENBERG, ordered to lie on the table; as follows: On page 306, between lines 2 and 3, insert and Mr. CARDIN) submitted an amend- At the end of subtitle C of title II, add the the following: ment intended to be proposed by him following: (3) ADDITIONAL ELEMENTS.—In developing to the bill S. 3254, to authorize appro- SEC. 238. READINESS AND FLEXIBILITY OF the plan required by paragraph (1), the Sec- priations for fiscal year 2013 for mili- INTERCONTINENTAL BALLISTIC MIS- retary shall also— tary activities of the Department of SILE FORCE. (A) identify targets for the number of per- The Secretary of Defense may, in a manner Defense, for military construction, and sonnel to be reassigned to tasks related to for defense activities of the Depart- consistent with the obligations of the United offensive cyber operations, and the rate at States under international agreements— which such personnel shall be added to the ment of Energy, to prescribe military (1) retain intercontinental ballistic missile workforce for such tasks; and personnel strengths for such fiscal launch facilities currently supporting de- (B) identify targets for use of National year, and for other purposes; which was ployed strategic nuclear delivery vehicles Guard personnel to support cyber workforce ordered to lie on the table; as follows: within the limit of 800 deployed and non-de- rationalization and the actions taken under At the end of subtitle D of title XII, add ployed strategic launchers; subsection (a). (2) maintain intercontinental ballistic mis- the following: SEC. 1246. STRATEGY FOR PROMOTING THE SE- siles on alert or operationally deployed sta- SA 3086. Mr. VITTER submitted an tus; and CURITY OF AFGHAN WOMEN AND amendment intended to be proposed by GIRLS DURING THE SECURITY TRAN- (3) preserve intercontinental ballistic mis- SITION PROCESS. sile silos in operational or warm status. him to the bill S. 3254, to authorize ap- propriations for fiscal year 2013 for (a) FINDINGS.—Congress makes the fol- Mr. BARRASSO submitted military activities of the Department lowing findings: SA 3084. (1) According to the Department of De- an amendment intended to be proposed of Defense, for military construction, fense’s April 2012 Report on Progress Toward by him to the bill S. 3254, to authorize and for defense activities of the De- Security and Stability in Afghanistan: appropriations for fiscal year 2013 for partment of Energy, to prescribe mili- (A) ‘‘U.S. and coalition forces will continue military activities of the Department tary personnel strengths for such fiscal to degrade the Taliban-led insurgency in

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7073 order to provide time and space to increase (A) Approximately 1,700 women serve in need for the protection of children from the the capacity of the Afghan National Security the Afghan National Security Forces, or less damaging effects of armed conflict as re- Forces and the Afghan Government so they than half of one percent of the total force. quired in relevant UNSCRs.’’ can assume full responsibility for Afghani- (B) In 2010, President Hamid Karzai an- (12) The Strategic Partnership Agreement stan’s security by the end of 2014.’’ nounced plans to recruit and train 5,000 signed between the United States and Af- (B) ‘‘Transition to Afghan security lead women in the Afghan National Police, or ap- ghanistan by President Obama and President began in July 2011 and transition to full Af- proximately 3 percent of the force, by 2014. Karzai in June 2012 states, ‘‘Consistent with ghan security responsibility will be complete Currently, there are approximately 1,370 its Constitution and international obliga- country-wide by the end of 2014.’’ women in the ANP, or 0.87 percent of the po- tions, Afghanistan shall ensure and advance (C) ‘‘The security of the Afghan people and lice force. the essential role of women in society, so the stability of the government are used to (C) Approximately 350 women currently that they may fully enjoy their economic, judge provincial readiness to move to each serve in the Afghan National Army, rep- social, political, civil and cultural rights.’’ resenting only 0.17 percent of the force. The successive stage of transition implementa- (b) STRATEGY TO PROMOTE SECURITY OF AF- Government of Afghanistan has said that its tion.’’ GHAN WOMEN.— goal is to achieve a force that is 10 percent (D) For each area designated for transi- (1) IN GENERAL.—Not later than 60 days tion, a transition implementation plan is de- female. As of May 2012, approximately 3 per- after the date of the enactment of this Act, cent of new ANA recruits were women. veloped by the Government of Afghanistan, the Secretary of Defense, in concurrence (10) Male security personnel often do not NATO, and ISAF and approved by the Joint with the Secretary of State, shall submit to respond to threats or incidences of violence Afghan-NATO Inteqal Board (JANIB). JANIB the appropriate congressional committees a against women, particularly at the local is also responsible for recommending areas strategy to be implemented by the Depart- level. They largely lack the training and un- to enter and exit the transition process. ment of Defense, working with the NATO derstanding needed to respond appropriately (2) According to a 2002 study on Women, Training Mission Afghanistan (NTM-A) and and effectively to situations involving Peace and Security submitted by the Sec- Afghan partners, to promote the security of women. According to the Department of De- retary-General of the United Nations pursu- Afghan women during the security transi- fense’s April 2012 Report on Progress Toward ant to Security Council resolution 1325 tion process. Security and Stability in Afghanistan: (2000), ‘‘the suspension of or restriction on (A) The Afghan Ministry of Defense ‘‘lacks (2) ELEMENTS.—The strategy required women’s enjoyment of their human rights’’ the combination of policies, procedures, and under paragraph (1) shall include the fol- can act as an early-warning indicator of im- execution to promote opportunity and fair lowing elements: pending or renewed conflict. In Afghanistan, and respectful treatment of women in the (A) A strategy to monitor and respond to restrictions on women’s mobility and rights force’’. changes in women’s security conditions in can signal the presence of extremist or insur- (B) The Afghan Ministry of Interior ‘‘faces areas undergoing transition, including the gent elements in a community. significant challenges in fully integrating following actions: (3) The security of Afghan women and girls and protecting women in the ANP workforce, (i) Seeking to designate a Civilian Impact in areas undergoing security transitions will especially among operational units at the Advisor on the Joint Afghan-NATO Inteqal be an important gauge of the transition provincial and district levels’’. Board (JANIB) to assess the impact of tran- strategy’s success. Indicators by which to (C) In the Afghan National Police, ‘‘Many sition on male and female civilians and en- measure women’s security include the mobil- Provincial Headquarters Commanders do not sure that efforts to protect women’s rights ity of women and girls, the participation of accept policewomen, as they prefer male and security are included in each area’s tran- women in local government bodies, the rate candidates and lack adequate facilities to sition implementation plan. of school attendance for girls, women’s ac- support females.’’ (ii) Reviewing existing indicators against cess to government services, and the preva- (D) ‘‘While women are greatly needed to which sex-disaggregated data is collected lence of violence against women. support police operations, a combination of and, if necessary, developing additional indi- (4) Maintaining and improving physical se- cultural impediments, weak recruitment, cators, to ensure the availability of data curity for Afghan women and girls through- and uneven application of policies hinder sig- that can be used to measure women’s secu- out the country is critical in order for nificant progress.’’ rity, such as— women and girls to take advantage of oppor- (E) ‘‘Although stronger documentation, (I) the mobility of women and girls; tunities in education, commerce, politics, implementation, and enforcement of poli- (II) the participation of women in local and other areas of public life, which in turn cies, procedures, and guidance to better inte- government bodies; is essential for the future stability and pros- grate women will help, time will be needed (III) the rate of school attendance for girls; perity of Afghanistan. to change the cultural mores that form the (IV) women’s access to government serv- (5) Women who serve as public officials at basis of many of the current impediments.’’ ices; and all levels of the Government of Afghanistan (11) The United States, the North Amer- (V) the prevalence of violence against face serious threats to their personal secu- ican Treaty Organization, and United States women; and incorporating those indicators rity and that of their families. Many female coalition partners have made firm commit- into ongoing efforts to assess overall secu- officials have been the victims of violent ments to support the human rights of the rity conditions during the transition period. crimes, but they are generally not afforded women and girls of Afghanistan, as evi- (iii) Integrating assessments of women’s official protection by the Government of Af- denced by the following actions: security into current procedures used to de- ghanistan or security forces. (A) According to the United States Na- termine an area’s readiness to proceed (6) Protecting the security and human tional Action Plan on Women, Peace and Se- through the transition process. rights of Afghan women and girls requires curity, ‘‘integrating women and gender con- (iv) Working with Afghan partners, coali- the involvement of Afghan men and boys siderations into peace-building processes tion partners, and relevant United States through education about the important ben- helps promote democratic governance and Government departments and agencies to efits of women’s full participation in social, long-term stability,’’ which are key United take concrete action to support women’s economic, and political life. Male officials States strategic goals in Afghanistan. rights and security in cases of deterioration and security personnel can play a particu- (B) The National Action Plan also states in women’s security conditions during the larly important role in supporting and pro- that ‘‘the engagement and protection of transition period. tecting women and girls. women as agents of peace and stability will (B) A strategy to increase gender aware- (7) The Chicago Summit Declaration issued be central to United States efforts to pro- ness and responsiveness among Afghan Na- by NATO in May 2012 states: ‘‘As the Afghan mote security, prevent, respond to, and re- tional Army and Afghan National Police per- National Police further develop and profes- solve conflict, and rebuild societies.’’ This sonnel, including the following actions: sionalize, they will evolve towards a sustain- policy applies to United States Government (i) Working with Afghan and coalition able, credible, and accountable civilian law efforts in Afghanistan, where addressing the partners to utilize training curricula and enforcement force that will shoulder the security vulnerabilities of Afghan women programming that addresses the human main responsibility for domestic security. and girls during the period of security tran- rights of women and girls, appropriate re- This force should be capable of providing po- sition is an essential step toward long-term sponses to threats against women and girls, licing services to the Afghan population as stability. and appropriate behavior toward female col- part of the broader Afghan rule of law sys- (C) The Chicago Summit Declaration leagues and members of the community; as- tem.’’ issued by NATO in May 2012 states: ‘‘We em- sessing the quality and consistency of this (8) Women face significant barriers to full phasize the importance of full participation training across regional commands; and as- participation in the ANA and ANP, including of all Afghan women in the reconstruction, sessing the impact of this training on trainee a discriminatory or hostile work environ- political, peace and reconciliation processes behavior. ment and the lack of separate facilities de- in Afghanistan and the need to respect the (ii) Working with national and local ANA signed for female personnel. institutional arrangements protecting their and ANP leaders to develop and utilize en- (9) As of September 2012, female recruit- rights. We remain committed to the imple- forcement and accountability mechanisms ment and retention rates for the Afghan Na- mentation of United Nations Security Coun- for ANA and ANP personnel who violate tional Security Forces are far below pub- cil Resolution (UNSCR) 1325 on women, codes of conduct related to the human rights lished targets, as follows: peace and security. We recognize also the of women and girls.

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(iii) Working with Afghan and coalition (A) by inserting ‘‘Indian tribe,’’ after ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ partners to implement the above tools and ‘‘county,’’; and with respect to firefighting personnel means develop uniform methods and standards for (B) by striking ‘‘and ‘firecontrol’ ’’ and in- firefighting personnel who are paid a stipend training and enforcement among coalition serting ‘‘and ‘fire control’ ’’; for each event to which they respond. partners and across regions. (4) by redesignating paragraphs (6) through ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The (C) A strategy to increase the number of (9) as paragraphs (7) through (10), respec- term ‘volunteer fire department’ means a female members of the ANA and ANP, in- tively; fire department that has an all-volunteer cluding the following actions: (5) by inserting after paragraph (5), the fol- force of firefighting personnel. (i) Providing, through consultation with lowing: ‘‘(b) ASSISTANCE PROGRAM.— Afghan partners, realistic and achievable ob- ‘‘(6) ‘Indian tribe’ has the meaning given ‘‘(1) AUTHORITY.—In accordance with this jectives for the recruitment and retention of that term in section 4 of the Indian Self-De- section, the Administrator of FEMA may women to the ANA and ANP by the end of termination and Education Assistance Act award— the security transition period in 2014. (25 U.S.C. 450b) and ‘tribal’ means of or per- ‘‘(A) assistance to firefighters grants under (ii) Working with national and local ANA taining to an Indian tribe;’’; subsection (c); and and ANP leaders and coalition partners to (6) by redesignating paragraphs (9) and (10), ‘‘(B) fire prevention and safety grants and address physical and cultural challenges to as redesignated by paragraph (4), as para- other assistance under subsection (d). the recruitment and retention of female graphs (10) and (11); ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- ANA and ANP personnel, including through (7) by inserting after paragraph (8), as re- ministrator of FEMA shall— targeted recruitment campaigns, expanded designated by paragraph (4), the following: ‘‘(A) establish specific criteria for the se- training and mentorship opportunities, par- ‘‘(9) ‘Secretary’ means, except as otherwise lection of grant recipients under this sec- ity in pay and promotion rates with male provided, the Secretary of Homeland Secu- tion; and counterparts, and availability of facilities rity;’’; and ‘‘(B) provide assistance with application for female personnel. (8) by amending paragraph (10), as redesig- preparation to applicants for such grants. ‘‘(c) ASSISTANCE TO FIREFIGHTERS (iii) Working with national and local ANA nated by paragraph (6), to read as follows: GRANTS.— and ANP leaders to increase understanding ‘‘(10) ‘State’ has the meaning given the ‘‘(1) IN GENERAL.—The Administrator of about the unique ways in which women term in section 2 of the Homeland Security FEMA may, in consultation with the chief members of the security forces improve the Act of 2002 (6 U.S.C. 101).’’. executives of the States in which the recipi- force’s overall effectiveness. (b) CONFORMING AMENDMENTS.— ents are located, award grants on a competi- (iv) Working with national and local ANA (1) ADMINISTRATOR OF FEMA.—The Federal tive basis directly to— Fire Prevention and Control Act of 1974 (15 and ANP leaders to develop a plan for main- ‘‘(A) fire departments, for the purpose of U.S.C. 2201 et seq.) is amended by striking taining and increasing the recruitment and protecting the health and safety of the pub- ‘‘Director’’ each place it appears and insert- retention of women in the ANA and ANP fol- lic and firefighting personnel throughout the lowing the completion of the security transi- ing ‘‘Administrator of FEMA’’. United States against fire, fire-related, and tion. (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- other hazards; (3) REPORT.—The Secretary of Defense tion 15 of such Act (15 U.S.C. 2214) is amend- ‘‘(B) nonaffiliated EMS organizations to shall include in each report on progress to- ed by striking ‘‘Director’s Award’’ each place support the provision of emergency medical ward security and stability in Afghanistan it appears and inserting ‘‘Administrator’s services; and that is submitted to Congress under sections Award’’. ‘‘(C) State fire training academies for the 1230 and 1231 of the National Defense Author- SEC. 1803. ASSISTANCE TO FIREFIGHTERS purposes described in subparagraphs (G), (H), ization Act for Fiscal Year 2008 (Public Law GRANTS. and (I) of paragraph (3). 110–181; 122 Stat. 385, 390) a section describing Section 33 of the Federal Fire Prevention ‘‘(2) MAXIMUM GRANT AMOUNTS.— actions taken to implement the strategy re- and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(A) POPULATION.—The Administrator of quired under this subsection. amended to read as follows: FEMA may not award a grant under this (c) APPROPRIATE CONGRESSIONAL COMMIT- ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. subsection in excess of amounts as follows: TEES DEFINED.—In this section, the term ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) In the case of a recipient that serves a ‘‘appropriate congressional committees’’ ‘‘(1) ADMINISTRATOR OF FEMA.—The term jurisdiction with 100,000 people or fewer, the means— ‘Administrator of FEMA’ means the Admin- amount of the grant awarded to such recipi- (1) the Committee on Armed Services and istrator of FEMA, acting through the Ad- ent shall not exceed $1,000,000 in any fiscal the Committee on Foreign Relations of the ministrator. year. Senate; and ‘‘(2) AVAILABLE GRANT FUNDS.—The term ‘‘(ii) In the case of a recipient that serves (2) the Committee on Armed Services and ‘available grant funds’, with respect to a fis- a jurisdiction with more than 100,000 people the Committee on Foreign Affairs of the cal year, means those funds appropriated but not more than 500,000 people, the amount House of Representatives. pursuant to the authorization of appropria- of the grant awarded to such recipient shall tions in subsection (q)(1) for such fiscal year not exceed $2,000,000 in any fiscal year. SA 3089. Mr. LIEBERMAN (for him- less any funds used for administrative costs ‘‘(iii) In the case of a recipient that serves self, Ms. COLLINS, Mr. CARPER, and Mr. pursuant to subsection (q)(2) in such fiscal a jurisdiction with more than 500,000 but not BROWN of Massachusetts) submitted an year. more than 1,000,000 people, the amount of the amendment intended to be proposed by ‘‘(3) CAREER FIRE DEPARTMENT.—The term grant awarded to such recipient shall not ex- him to the bill S. 3254, to authorize ap- ‘career fire department’ means a fire depart- ceed $3,000,000 in any fiscal year. propriations for fiscal year 2013 for ment that has an all-paid force of fire- ‘‘(iv) In the case of a recipient that serves military activities of the Department fighting personnel other than paid-on-call a jurisdiction with more than 1,000,000 people of Defense, for military construction, firefighters. but not more than 2,500,000 people, the ‘‘(4) COMBINATION FIRE DEPARTMENT.—The amount of the grant awarded to such recipi- and for defense activities of the De- term ‘combination fire department’ means a ent shall not exceed $6,000,000 for any fiscal partment of Energy, to prescribe mili- fire department that has— year. tary personnel strengths for such fiscal ‘‘(A) paid firefighting personnel; and ‘‘(v) In the case of a recipient that serves year, and for other purposes; which was ‘‘(B) volunteer firefighting personnel. a jurisdiction with more than 2,500,000 peo- ordered to lie on the table; as follows: ‘‘(5) FIREFIGHTING PERSONNEL.—The term ple, the amount of the grant awarded to such At the end of division A, add the following: ‘firefighting personnel’ means individuals, recipient shall not exceed $9,000,000 in any including volunteers, who are firefighters, fiscal year. TITLE XVIII—FIRE GRANTS officers of fire departments, or emergency ‘‘(B) AGGREGATE.— REAUTHORIZATION medical service personnel of fire depart- ‘‘(i) IN GENERAL.—Notwithstanding sub- SEC. 1801. SHORT TITLE. ments. paragraphs (A) and (B) and except as pro- This title may be cited as the ‘‘Fire Grants ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— vided under clause (ii), the Administrator of Reauthorization Act of 2012’’. The term ‘institution of higher education’ FEMA may not award a grant under this SEC. 1802. AMENDMENTS TO DEFINITIONS. has the meaning given such term in section subsection in a fiscal year in an amount that (a) IN GENERAL.—Section 4 of the Federal 101 of the Higher Education Act of 1965 (20 exceeds the amount that is one percent of Fire Prevention and Control Act of 1974 (15 U.S.C. 1001). the available grant funds in such fiscal year. U.S.C. 2203) is amended— ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— ‘‘(ii) EXCEPTION.—The Administrator of (1) in paragraph (3), by inserting ‘‘, except The term ‘nonaffiliated EMS organization’ FEMA may waive the limitation in clause (i) as otherwise provided,’’ after ‘‘means’’; means a public or private nonprofit emer- with respect to a grant recipient if the Ad- (2) in paragraph (4), by striking ‘‘ ‘Director’ gency medical services organization that is ministrator of FEMA determines that such means’’ and all that follows through ‘‘Agen- not affiliated with a hospital and does not recipient has an extraordinary need for a cy;’’ and inserting ‘‘ ‘Administrator of serve a geographic area in which the Admin- grant in an amount that exceeds the limit FEMA’ means the Administrator of the Fed- istrator of FEMA finds that emergency med- under clause (i). eral Emergency Management Agency;’’; ical services are adequately provided by a ‘‘(3) USE OF GRANT FUNDS.—Each entity re- (3) in paragraph (5)— fire department. ceiving a grant under this subsection shall

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7075 use the grant for one or more of the fol- ‘‘(ii) research to improve firefighter health trator of FEMA determines appropriate to lowing purposes: and life safety; and achieve greater cost effectiveness and re- ‘‘(A) To train firefighting personnel in— ‘‘(C) award grants to institutions of higher gional efficiency. ‘‘(i) firefighting; education, national fire service organiza- ‘‘(f) PEER REVIEW OF GRANT APPLICA- ‘‘(ii) emergency medical services and other tions, or national fire safety organizations to TIONS.— emergency response (including response to establish and operate fire safety research ‘‘(1) IN GENERAL.—The Administrator of natural disasters, acts of terrorism, and centers. FEMA shall, after consultation with na- other man-made disasters); ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant tional fire service and emergency medical ‘‘(iii) arson prevention and detection; awarded under this subsection may not ex- services organizations, appoint fire service ‘‘(iv) maritime firefighting; or ceed $1,500,000 for a fiscal year. personnel to conduct peer reviews of applica- ‘‘(v) the handling of hazardous materials. ‘‘(3) USE OF GRANT FUNDS.—Each entity re- tions received under subsection (e)(1). ‘‘(B) To train firefighting personnel to pro- ceiving a grant under this subsection shall ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY vide any of the training described under sub- use the grant for one or more of the fol- COMMITTEE ACT.—The Federal Advisory Com- paragraph (A). lowing purposes: mittee Act (5 U.S.C. App.) shall not apply to ‘‘(C) To fund the creation of rapid interven- ‘‘(A) To enforce fire codes and promote activities carried out pursuant to this sub- tion teams to protect firefighting personnel compliance with fire safety standards. section. at the scenes of fires and other emergencies. ‘‘(B) To fund fire prevention programs, in- ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(D) To certify— cluding programs that educate the public awarding grants under this section, the Ad- ‘‘(i) fire inspectors; and about arson prevention and detection. ministrator of FEMA shall consider the fol- ‘‘(ii) building inspectors— ‘‘(C) To fund wildland fire prevention pro- lowing: ‘‘(I) whose responsibilities include fire grams, including education, awareness, and ‘‘(1) The findings and recommendations of safety inspections; and mitigation programs that protect lives, prop- the peer reviews carried out under sub- ‘‘(II) who are employed by or serving as erty, and natural resources from fire in the section (f). volunteers with a fire department. wildland-urban interface. ‘‘(2) The degree to which an award will re- ‘‘(E) To establish wellness and fitness pro- ‘‘(D) In the case of a grant awarded under duce deaths, injuries, and property damage grams for firefighting personnel to ensure paragraph (1)(C), to fund the establishment by reducing the risks associated with fire-re- that the firefighting personnel are able to or operation of a fire safety research center lated and other hazards. carry out their duties as firefighters, includ- for the purpose of significantly reducing the ‘‘(3) The extent of the need of an applicant number of fire-related deaths and injuries ing programs dedicated to raising awareness for a grant under this section and the need to among firefighters and the general public of, and prevention of, job-related mental protect the United States as a whole. through research, development, and tech- health issues. ‘‘(4) The number of calls requesting or re- nology transfer activities. ‘‘(F) To fund emergency medical services quiring a fire fighting or emergency medical ‘‘(E) To support such other activities, con- provided by fire departments and non- response received by an applicant. sistent with the purposes of this subsection, affiliated EMS organizations. ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(G) To acquire additional firefighting ve- as the Administrator of FEMA determines appropriate. awarding grants under this section, the Ad- hicles, including fire trucks and other appa- ministrator of FEMA shall ensure that of the ‘‘(4) LIMITATION.—None of the funds made ratus. available under this subsection may be pro- available grant funds in each fiscal year— ‘‘(H) To acquire additional firefighting vided to the Association of Community Orga- ‘‘(1) not less than 25 percent are awarded equipment, including equipment for— nizations for Reform Now (ACORN) or any of under subsection (c) to career fire depart- ‘‘(i) fighting fires with foam in remote its affiliates, subsidiaries, or allied organiza- ments; areas without access to water; and tions. ‘‘(2) not less than 25 percent are awarded ‘‘(ii) communications, monitoring, and re- ‘‘(e) APPLICATIONS FOR GRANTS.— under subsection (c) to volunteer fire depart- sponse to a natural disaster, act of ter- ‘‘(1) IN GENERAL.—An entity seeking a ments; rorism, or other man-made disaster, includ- grant under this section shall submit to the ‘‘(3) not less than 25 percent are awarded ing the use of a weapon of mass destruction. Administrator of FEMA an application under subsection (c) to combination fire de- ‘‘(I) To acquire personal protective equip- therefor in such form and in such manner as partments and fire departments using paid- ment, including personal protective equip- the Administrator of FEMA determines ap- on-call firefighting personnel; ment— propriate. ‘‘(4) not less than 10 percent are available ‘‘(i) prescribed for firefighting personnel by ‘‘(2) ELEMENTS.—Each application sub- for open competition among career fire de- the Occupational Safety and Health Admin- mitted under paragraph (1) shall include the partments, volunteer fire departments, com- istration of the Department of Labor; or following: bination fire departments, and fire depart- ‘‘(ii) for responding to a natural disaster or ‘‘(A) A description of the financial need of ments using paid-on-call firefighting per- act of terrorism or other man-made disaster, the applicant for the grant. sonnel for grants awarded under subsection including the use of a weapon of mass de- ‘‘(B) An analysis of the costs and benefits, (c); struction. with respect to public safety, of the use for ‘‘(5) not less than 10 percent are awarded ‘‘(J) To modify fire stations, fire training which a grant is requested. under subsection (d); and facilities, and other facilities to protect the ‘‘(C) An agreement to provide information ‘‘(6) not more than 2 percent are awarded health and safety of firefighting personnel. to the national fire incident reporting sys- under this section to nonaffiliated EMS or- ‘‘(K) To educate the public about arson tem for the period covered by the grant. ganizations described in subsection (c)(1)(B). prevention and detection. ‘‘(D) A list of other sources of funding re- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(L) To provide incentives for the recruit- ceived by the applicant— TIONS.— ment and retention of volunteer firefighting ‘‘(i) for the same purpose for which the ap- ‘‘(1) FUNDING FOR EMERGENCY MEDICAL personnel for volunteer firefighting depart- plication for a grant under this section was SERVICES.—Not less than 3.5 percent of the ments and other firefighting departments submitted; or available grant funds for a fiscal year shall that utilize volunteers. ‘‘(ii) from the Federal Government for be awarded under this section for purposes ‘‘(M) To support such other activities, con- other fire-related purposes. described in subsection (c)(3)(F). sistent with the purposes of this subsection, ‘‘(E) Such other information as the Admin- ‘‘(2) STATE FIRE TRAINING ACADEMIES.— as the Administrator of FEMA determines istrator of FEMA determines appropriate. ‘‘(A) MAXIMUM SHARE.—Not more than 3 appropriate. ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— percent of the available grant funds for a fis- ‘‘(d) FIRE PREVENTION AND SAFETY ‘‘(A) IN GENERAL.—Two or more entities cal year may be awarded under subsection GRANTS.— may submit an application under paragraph (c)(1)(C). ‘‘(1) IN GENERAL.—For the purpose of as- (1) for a grant under this section to fund a ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- sisting fire prevention programs and sup- joint program or initiative, including acqui- ministrator of FEMA may not award a grant porting firefighter health and safety re- sition of shared equipment or vehicles. under subsection (c)(1)(C) to a State fire search and development, the Administrator ‘‘(B) NONEXCLUSIVITY.—Applications under training academy in an amount that exceeds of FEMA may, on a competitive basis— this paragraph may be submitted instead of $1,000,000 in any fiscal year. ‘‘(A) award grants to fire departments; or in addition to any other application sub- ‘‘(3) AMOUNTS FOR PURCHASING FIRE- ‘‘(B) award grants to, or enter into con- mitted under paragraph (1). FIGHTING VEHICLES.—Not more than 25 per- tracts or cooperative agreements with, na- ‘‘(C) GUIDANCE.—The Administrator of cent of the available grant funds for a fiscal tional, State, local, tribal, or nonprofit orga- FEMA shall— year may be used to assist grant recipients nizations that are not fire departments and ‘‘(i) publish guidance on applying for and to purchase vehicles pursuant to subsection that are recognized for their experience and administering grants awarded for joint pro- (c)(3)(G). expertise with respect to fire prevention or grams and initiatives described in subpara- ‘‘(j) FURTHER CONSIDERATIONS.— fire safety programs and activities and fire- graph (A); and ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS fighter research and development programs, ‘‘(ii) encourage applicants to apply for TO FIRE DEPARTMENTS.—In considering appli- for the purpose of carrying out— grants for joint programs and initiatives de- cations for grants under subsection (c)(1)(A), ‘‘(i) fire prevention programs; and scribed in subparagraph (A) as the Adminis- the Administrator of FEMA shall consider—

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‘‘(A) the extent to which the grant would ‘‘(5) AVOIDING DUPLICATION.—The Adminis- ‘‘(I) Changes in rates of unemployment enhance the daily operations of the applicant trator of FEMA shall review lists submitted from previous years. and the impact of such a grant on the protec- by applicants pursuant to subsection ‘‘(II) Whether the rates of unemployment tion of lives and property; and (e)(2)(D) and take such actions as the Admin- of the relevant communities are currently ‘‘(B) a broad range of factors important to istrator of FEMA considers necessary to pre- and have consistently exceeded the annual the applicant’s ability to respond to fires and vent unnecessary duplication of grant national average rates of unemployment. related hazards, such as the following: awards. ‘‘(III) Changes in percentages of individ- ‘‘(i) Population served. ‘‘(k) MATCHING AND MAINTENANCE OF EX- uals eligible to receive food stamps from pre- ‘‘(ii) Geographic response area. PENDITURE REQUIREMENTS.— vious years. ‘‘(iii) Hazards vulnerability. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- ‘‘(IV) Such other factors as the Adminis- ‘‘(iv) Call volume. ANCE TO FIREFIGHTERS GRANTS.— trator of FEMA considers appropriate. ‘‘(v) Financial situation, including unem- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ployment rate of the area being served. subparagraph (B), an applicant seeking a TION AND SAFETY GRANTS.—The authority ‘‘(vi) Need for training or equipment. grant to carry out an activity under sub- under subparagraph (A) shall not apply with section (c) shall agree to make available ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS respect to a nonprofit organization that— non-Federal funds to carry out such activity ORGANIZATIONS.—In the case of an applica- ‘‘(i) is described in subsection (d)(1)(B); and in an amount equal to not less than 15 per- tion submitted under subsection (e)(1) by a ‘‘(ii) is not a fire department or emergency cent of the grant awarded to such applicant nonaffiliated EMS organization, the Admin- medical services organization. under such subsection. istrator of FEMA shall consider the extent ‘‘(l) GRANT GUIDELINES.— ‘‘(B) EXCEPTION FOR ENTITIES SERVING to which other sources of Federal funding ‘‘(1) GUIDELINES.—For each fiscal year, SMALL COMMUNITIES.—In the case that an ap- are available to the applicant to provide the prior to awarding any grants under this sec- plicant seeking a grant to carry out an ac- tion, the Administrator of FEMA shall pub- assistance requested in such application. tivity under subsection (c) serves a jurisdic- lish in the Federal Register— ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- tion of— ‘‘(A) guidelines that describe— TY GRANTS TO CERTAIN ORGANIZATIONS THAT ‘‘(i) more than 20,000 residents but not ‘‘(i) the process for applying for grants ARE NOT FIRE DEPARTMENTS.—In the case of more than 1,000,000 residents, the application under this section; and applicants for grants under this section who shall agree to make available non-Federal ‘‘(ii) the criteria that will be used for se- are described in subsection (d)(1)(B), the Ad- funds in an amount equal to not less than 10 lecting grant recipients; and ministrator of FEMA shall give priority to percent of the grant awarded to such appli- ‘‘(B) an explanation of any differences be- applicants who focus on— cant under such subsection; and tween such guidelines and the recommenda- ‘‘(A) prevention of injuries to high risk ‘‘(ii) 20,000 residents or fewer, the applicant tions obtained under paragraph (2). groups from fire; and shall agree to make available non-Federal ‘‘(2) ANNUAL MEETING TO OBTAIN REC- ‘‘(B) research programs that demonstrate a funds in an amount equal to not less than 5 potential to improve firefighter safety. percent of the grant awarded to such appli- OMMENDATIONS.— ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- cant under such subsection. ‘‘(A) IN GENERAL.—For each fiscal year, the Administrator of FEMA shall convene a SEARCH CENTERS.— ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- meeting of qualified members of national ‘‘(A) CONSIDERATIONS.—In awarding grants VENTION AND SAFETY GRANTS.— fire service organizations and, at the discre- under subsection (d)(1)(C), the Administrator ‘‘(A) IN GENERAL.—An applicant seeking a of FEMA shall— grant to carry out an activity under sub- tion of the Administrator of FEMA, qualified ‘‘(i) select each grant recipient on— section (d) shall agree to make available members of emergency medical service orga- ‘‘(I) the demonstrated research and exten- non-Federal funds to carry out such activity nizations to obtain recommendations regard- sion resources available to the recipient to in an amount equal to not less than 5 percent ing the following: carry out the research, development, and of the grant awarded to such applicant under ‘‘(i) Criteria for the awarding of grants technology transfer activities; such subsection. under this section. ‘‘(II) the capability of the recipient to pro- ‘‘(B) MEANS OF MATCHING.—An applicant ‘‘(ii) Administrative changes to the assist- vide leadership in making national contribu- for a grant under subsection (d) may meet ance program established under subsection tions to fire safety; the matching requirement under subpara- (b). ‘‘(III) the recipient’s ability to disseminate graph (A) through direct funding, funding of ‘‘(B) QUALIFIED MEMBERS.—For purposes of the results of fire safety research; and complementary activities, or the provision this paragraph, a qualified member of an or- ‘‘(IV) the strategic plan the recipient pro- of staff, facilities, services, material, or ganization is a member who— poses to carry out under the grant; equipment. ‘‘(i) is recognized for expertise in fire- ‘‘(ii) give special consideration in selecting ‘‘(3) MAINTENANCE OF EXPENDITURES.—An fighting or emergency medical services; recipients under subparagraph (A) to an ap- applicant seeking a grant under subsection ‘‘(ii) is not an employee of the Federal plicant for a grant that consists of a partner- (c) or (d) shall agree to maintain during the Government; and ship between— term of the grant the applicant’s aggregate ‘‘(iii) in the case of a member of an emer- ‘‘(I) a national fire service organization or expenditures relating to the uses described gency medical service organization, is a a national fire safety organization; and in subsections (c)(3) and (d)(3) at not less member of an organization that represents— ‘‘(II) an institution of higher education, in- than 80 percent of the average amount of ‘‘(I) providers of emergency medical serv- cluding a minority-serving institution (as such expenditures in the 2 fiscal years pre- ices that are affiliated with fire depart- described in section 371(a) of the Higher Edu- ceding the fiscal year in which the grant ments; or cation Act of 1965 (20 U.S.C. 1067q(a))); and amounts are received. ‘‘(II) nonaffiliated EMS providers. ‘‘(iii) consider the research needs identified ‘‘(4) WAIVER.— ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY and prioritized through the workshop re- ‘‘(A) IN GENERAL.—Except as provided in COMMITTEE ACT.—The Federal Advisory Com- quired by subparagraph (B)(i). subparagraph (C)(ii), the Administrator of mittee Act (5 U.S.C. App.) shall not apply to ‘‘(B) RESEARCH NEEDS.— FEMA may waive or reduce the require- activities carried out under this subsection. ‘‘(i) IN GENERAL.—Not later than 90 days ments of paragraphs (1), (2), and (3) in cases ‘‘(m) ACCOUNTING DETERMINATION.—Not- after the date of the enactment of the Fire of demonstrated economic hardship. withstanding any other provision of law, for Grants Reauthorization Act of 2012, the Ad- ‘‘(B) GUIDELINES.— purposes of this section, equipment costs ministrator of FEMA shall convene a work- ‘‘(i) IN GENERAL.—The Administrator of shall include all costs attributable to any de- shop of the fire safety research community, FEMA shall establish and publish guidelines sign, purchase of components, assembly, fire service organizations, and other appro- for determining what constitutes economic manufacture, and transportation of equip- priate stakeholders to identify and prioritize hardship for purposes of this paragraph. ment not otherwise commercially available. fire safety research needs. ‘‘(ii) CONSULTATION.—In developing guide- ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ‘‘(ii) PUBLICATION.—The Administrator of lines under clause (i), the Administrator of ALASKA NATIVE VILLAGES.—The Alaska Vil- FEMA shall ensure that the results of the FEMA shall consult with individuals who lage Initiatives, a non-profit organization in- workshop are made available to the public. are— corporated in the State of Alaska, shall be ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- ‘‘(I) recognized for expertise in firefighting, eligible to apply for and receive a grant or TY RESEARCH CENTERS.— emergency medical services provided by fire other assistance under this section on behalf ‘‘(i) IN GENERAL.—The Administrator of services, or the economic affairs of State and of Alaska Native villages. FEMA may award grants under subsection local governments; and ‘‘(o) TRAINING STANDARDS.—If an applicant (d) to establish not more than 3 fire safety ‘‘(II) members of national fire service orga- for a grant under this section is applying for research centers. nizations or national organizations rep- such grant to purchase training that does ‘‘(ii) RECIPIENTS.—An institution of higher resenting the interests of State and local not meet or exceed any applicable national education, a national fire service organiza- governments. voluntary consensus standards, including tion, and a national fire safety organization ‘‘(iii) CONSIDERATIONS.—In developing those developed under section 647 of the may not directly receive a grant under sub- guidelines under clause (i), the Adminis- Post-Katrina Emergency Management Re- section (d) for a fiscal year for more than 1 trator of FEMA shall consider, with respect form Act of 2006 (6 U.S.C. 747), the applicant fire safety research center. to relevant communities, the following: shall submit to the Administrator of FEMA

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an explanation of the reasons that the train- (as defined under the rules of the Senate and ‘‘(C) CONSIDERATIONS.—In developing guide- ing proposed to be purchased will serve the the House of Representatives). lines under subparagraph (A), the Adminis- needs of the applicant better than training ‘‘(r) SUNSET OF AUTHORITIES.—The author- trator of FEMA shall consider, with respect that meets or exceeds such standards. ity to award assistance and grants under this to relevant communities, the following: ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— section shall expire on the date that is 10 ‘‘(i) Changes in rates of unemployment ‘‘(1) AUDITS.—The Administrator of FEMA years after the date of the enactment of the from previous years. may audit a recipient of a grant awarded Fire Grants Reauthorization Act of 2012.’’. ‘‘(ii) Whether the rates of unemployment under this section to ensure that— SEC. 1804. STAFFING FOR ADEQUATE FIRE AND of the relevant communities are currently ‘‘(A) the grant amounts are expended for EMERGENCY RESPONSE. and have consistently exceeded the annual the intended purposes; and (a) IMPROVEMENTS TO HIRING GRANTS.— national average rates of unemployment. ‘‘(B) the grant recipient complies with the (1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(iii) Changes in percentages of individuals requirements of subsection (k). section 34(a)(1) of the Federal Fire Preven- eligible to receive food stamps from previous ‘‘(2) PERFORMANCE ASSESSMENT.— tion and Control Act of 1974 (15 U.S.C. years. ‘‘(A) IN GENERAL.—The Administrator of 2229a(a)(1)) is amended to read as follows: ‘‘(iv) Such other factors as the Adminis- FEMA shall develop and implement a per- ‘‘(B) Grants made under this paragraph trator of FEMA considers appropriate.’’. formance assessment system, including shall be for 3 years and be used for programs (e) IMPROVEMENTS TO PERFORMANCE EVAL- quantifiable performance metrics, to evalu- to hire new, additional firefighters.’’. UATION REQUIREMENTS.—Subsection (e) of ate the extent to which grants awarded (2) LIMITATION OF PORTION OF COSTS OF HIR- under this section are furthering the pur- ING FIREFIGHTERS.—Subparagraph (E) of such section 34 of such Act (15 U.S.C. 2229a), as re- poses of this section, including protecting section is amended to read as follows: designated by subsection (d)(1) of this sec- the health and safety of the public and fire- ‘‘(E) The portion of the costs of hiring fire- tion, is amended by inserting before the first fighting personnel against fire and fire-re- fighters provided by a grant under this para- sentence the following: lated hazards. graph may not exceed— ‘‘(1) IN GENERAL.—The Administrator of ‘‘(B) CONSULTATION.—The Administrator of ‘‘(i) 75 percent in the first year of the FEMA shall establish a performance assess- FEMA shall consult with fire service rep- grant; ment system, including quantifiable per- resentatives and with the Comptroller Gen- ‘‘(ii) 75 percent in the second year of the formance metrics, to evaluate the extent to eral of the United States in developing the grant; and which grants awarded under this section are assessment system required by subparagraph ‘‘(iii) 35 percent in the third year of the furthering the purposes of this section. (A). grant.’’. ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (b) CLARIFICATION REGARDING ELIGIBLE EN- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF TITIES FOR RECRUITMENT AND RETENTION (f) REPORT.— FEMA.—Not less frequently than once each GRANTS.—The second sentence of section (1) IN GENERAL.—Subsection (f) of section year during the term of a grant awarded 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is 34 of such Act (15 U.S.C. 2229a), as redesig- under this section, the recipient of the grant amended by striking ‘‘organizations on a nated by subsection (d)(1) of this section, is shall submit to the Administrator of FEMA local or statewide basis’’ and inserting ‘‘na- amended by striking ‘‘The authority’’ and all an annual report describing how the recipi- tional, State, local, or tribal organizations’’. that follows through ‘‘Congress concerning’’ ent used the grant amounts. (c) MAXIMUM AMOUNT FOR HIRING A FIRE- and inserting the following: ‘‘Not later than ‘‘(4) ANNUAL REPORTS TO CONGRESS.— FIGHTER.—Paragraph (4) of section 34(c) of September 30, 2014, the Administrator of ‘‘(A) IN GENERAL.—Not later than Sep- such Act (15 U.S.C. 2229a(c)) is amended to FEMA shall submit to the Committee on tember 30, 2013, and each year thereafter read as follows: Homeland Security and Governmental Af- through 2017, the Administrator of FEMA ‘‘(4) The amount of funding provided under fairs of the Senate and the Committee on shall submit to the Committee on Homeland this section to a recipient fire department Science and Technology of the House of Rep- Security and Governmental Affairs of the for hiring a firefighter in any fiscal year may resentatives a report on’’. Senate and the Committee on Science and not exceed— (2) CONFORMING AMENDMENT.—The heading Technology of the House of Representatives ‘‘(A) in the first year of the grant, 75 per- for subsection (f) of section 34 of such Act (15 a report that provides— cent of the usual annual cost of a first-year U.S.C. 2229a), as redesignated by subsection ‘‘(i) information on the performance as- firefighter in that department at the time (d)(1) of this section, is amended by striking sessment system developed under paragraph the grant application was submitted; ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- (2); and ‘‘(B) in the second year of the grant, 75 per- PORT’’. ‘‘(ii) using the performance metrics devel- cent of the usual annual cost of a first-year (g) ADDITIONAL DEFINITIONS.— oped under such paragraph, an evaluation of firefighter in that department at the time the effectiveness of the grants awarded under (1) IN GENERAL.—Subsection (i) of section the grant application was submitted; and 34 of such Act (15 U.S.C. 2229a), as redesig- this section. ‘‘(C) in the third year of the grant, 35 per- ‘‘(B) ADDITIONAL INFORMATION.—The report nated by subsection (d)(1) of this section, is cent of the usual annual cost of a first-year amended— due under subparagraph (A) on September 30, firefighter in that department at the time 2016, shall also include recommendations for (A) in the matter before paragraph (1), by the grant application was submitted.’’. striking ‘‘In this section, the term—’’ and in- legislative changes to improve grants under (d) WAIVERS.—Section 34 of such Act (15 serting ‘‘In this section:’’; this section. U.S.C. 2229a) is amended— (B) in paragraph (1)— ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating subsections (d) (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- ‘‘(1) IN GENERAL.—There is authorized to be through (i) as subsections (e) through (j), re- fighter’ has’’; and appropriated to carry out this section— spectively; and (ii) by striking ‘‘; and’’ and inserting a pe- ‘‘(A) $750,000,000 for fiscal year 2013; and (2) by inserting after subsection (c) the fol- riod; ‘‘(B) for each of fiscal years 2014 through lowing: (C) by striking paragraph (2); and 2017, an amount equal to the amount author- ‘‘(d) WAIVERS.— (D) by inserting at the end the following: ized for the previous fiscal year increased by ‘‘(1) IN GENERAL.—In a case of dem- the percentage by which— onstrated economic hardship, the Adminis- ‘‘(2) The terms ‘Administrator of FEMA’, ‘‘(i) the Consumer Price Index (all items, trator of FEMA may— ‘career fire department’, ‘combination fire United States city average) for the previous ‘‘(A) waive the requirements of subsection department’, and ‘volunteer fire department’ fiscal year, exceeds (c)(1); or have the meanings given such terms in sec- ‘‘(ii) the Consumer Price Index for the fis- ‘‘(B) waive or reduce the requirements in tion 33(a).’’. cal year preceding the fiscal year described subsection (a)(1)(E) or subsection (c)(2). (2) CONFORMING AMENDMENT.—Section 34(a)(1)(A) of such Act (15 U.S.C. in clause (i). ‘‘(2) GUIDELINES.— 2229a(a)(1)(A)) is amended by striking ‘‘ca- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(A) IN GENERAL.—The Administrator of amounts appropriated pursuant to paragraph FEMA shall establish and publish guidelines reer, volunteer, and combination fire depart- (1) for a fiscal year, the Administrator of for determining what constitutes economic ments’’ and inserting ‘‘career fire depart- FEMA may use not more than 5 percent of hardship for purposes of paragraph (1). ments, combination fire departments, and volunteer fire departments’’. such amounts for salaries and expenses and ‘‘(B) CONSULTATION.—In developing guide- other administrative costs incurred by the lines under subparagraph (A), the Adminis- (h) AUTHORIZATION OF APPROPRIATIONS.— Administrator of FEMA in the course of trator of FEMA shall consult with individ- (1) IN GENERAL.—Subsection (j) of section awarding grants and providing assistance uals who are— 34 of such Act (15 U.S.C. 2229a), as redesig- under this section. ‘‘(i) recognized for expertise in firefighting, nated by subsection (d)(1) of this section, is ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- emergency medical services provided by fire amended— ING.—Consistent with the requirements in services, or the economic affairs of State and (A) in paragraph (6), by striking ‘‘and’’ at subsections (c)(1) and (d)(1) that grants under local governments; and the end; those subsections be awarded on a competi- ‘‘(ii) members of national fire service orga- (B) in paragraph (7), by striking the period tive basis, none of the funds appropriated nizations or national organizations rep- at the end and inserting ‘‘; and’’; and pursuant to this subsection may be used for resenting the interests of State and local (C) by adding at the end the following: any congressionally directed spending item governments. ‘‘(8) $750,000,000 for fiscal year 2013; and

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7078 CONGRESSIONAL RECORD — SENATE November 28, 2012 ‘‘(9) for each of fiscal years 2014 through SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- (i) The fire services. 2017, an amount equal to the amount author- ANCE TO FIREFIGHTERS AND STAFF- (ii) National voluntary consensus stand- ized for the previous fiscal year increased by ING FOR ADEQUATE FIRE AND ards. EMERGENCY RESPONSE PROGRAMS. the percentage by which— (iii) Contemporary survey methods. (a) IN GENERAL.—Not later than September ‘‘(A) the Consumer Price Index (all items, 30, 2016, the Comptroller General of the (3) REPORT ON FINDINGS OF STUDY.— United States city average) for the previous United States shall submit to the Committee (A) IN GENERAL.—Not later than 2 years fiscal year, exceeds on Homeland Security and Governmental Af- after the date of the enactment of this Act, ‘‘(B) the Consumer Price Index for the fis- fairs of the Senate and the Committee on the Administrator shall submit to Congress cal year preceding the fiscal year described Science and Technology of the House of Rep- a report on the findings of the Administrator in subparagraph (A).’’. resentatives a report on the effect of the with respect to the study required by para- (2) ADMINISTRATIVE EXPENSES.—Such sub- amendments made by this title. graph (1). section (j) is further amended— (b) CONTENTS.—The report required by sub- (B) CONTENTS.—The report required by sub- (A) in paragraph (9), as added by paragraph section (a) shall include the following: paragraph (A) shall include the following: (1) of this subsection, by redesignating sub- (1) An assessment of the effect of the (i) An accurate description, based on the paragraphs (A) and (B) as clauses (i) and (ii), amendments made by sections 1803 and 1804 results of the survey required by paragraph respectively, and moving the left margin of on the effectiveness, relative allocation, ac- (2)(A), of the rate of compliance with the such clauses, as so redesignated, 2 ems to the countability, and administration of the standards described in paragraph (1) among right; grants and assistance awarded under sec- United States fire services, including a com- (B) by redesignating paragraphs (1) tions 33 and 34 of the Federal Fire Preven- parison of the rates of compliance among ca- through (9) as subparagraphs (A) through (I), tion and Control Act of 1974 (15 U.S.C. 2229 reer fire departments, volunteer fire depart- respectively, and moving the left margin of and 2229a) after the date of the enactment of ments, combination fire departments, and such subparagraphs, as so redesignated, 2 this Act. fire departments serving communities of dif- ems to the right; (2) An evaluation of the extent to which ferent sizes, and such other comparisons as (C) by striking ‘‘There are’’ and inserting the amendments made by sections 1803 and Administrator considers relevant. the following: 1804 have enabled recipients of grants and as- (ii) A description of the challenges faced by ‘‘(1) IN GENERAL.—There are’’; and sistance awarded under such sections 33 and different types of fire departments and dif- (D) by adding at the end the following: 34 after the date of the enactment of this Act ferent types of communities in complying ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the to mitigate fire and fire-related and other with the standards described in paragraph amounts appropriated pursuant to paragraph hazards more effectively. (1). (1) for a fiscal year, the Administrator of SEC. 1807. STUDIES AND REPORTS ON THE STATE FEMA may use not more than 5 percent of OF FIRE SERVICES. (c) TASK FORCE TO ENHANCE FIREFIGHTER such amounts to cover salaries and expenses (a) DEFINITIONS.—In this section: SAFETY.— and other administrative costs incurred by (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) ESTABLISHMENT.—Not later than 60 days the Administrator of FEMA to make grants trator’’ means the Administrator of the after the date of the enactment of this Act, and provide assistance under this section.’’. United States Fire Administration. the Secretary of Homeland Security shall es- (3) CONGRESSIONALLY DIRECTED SPENDING.— (2) CAREER FIRE DEPARTMENT, COMBINATION tablish a task force to be known as the Such subsection (j) is further amended by FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- ‘‘Task Force to Enhance Firefighter Safety’’ adding at the end the following: MENT.—The terms ‘‘career fire department’’, (in this subsection referred to as the ‘‘Task ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- ‘‘combination fire department’’, and ‘‘volun- Force’’). ING.—Consistent with the requirement in teer fire department’’ have the meanings (2) MEMBERSHIP.— subsection (a) that grants under this section given such terms in section 33(a) of the Fed- (A) IN GENERAL.—Members of the Task be awarded on a competitive basis, none of eral Fire Prevention and Control Act of 1974 Force shall be appointed by the Secretary the funds appropriated pursuant to this sub- (15 U.S.C. 2229(a)), as amended by section from among the general public and shall in- section may be used for any congressionally 1803. clude the following: direct spending item (as defined under the (3) FIRE SERVICE.—The term ‘‘fire service’’ (i) Representatives of national organiza- rules of the Senate and the House of Rep- has the meaning given such term in section tions representing firefighters and fire resentatives).’’. 4 of the Federal Fire Prevention and Control chiefs. Act of 1974 (15 U.S.C. 2203). (ii) Individuals representing standards-set- (i) TECHNICAL AMENDMENT.—Section 34 of (b) STUDY AND REPORT ON COMPLIANCE WITH ting and accrediting organizations, including such Act (15 U.S.C. 2229a) is amended by STAFFING STANDARDS.— representatives from the voluntary con- striking ‘‘Administrator’’ each place it ap- (1) STUDY.—The Administrator shall con- sensus codes and standards development pears and inserting ‘‘Administrator of duct a study on the level of compliance with community. FEMA’’. national voluntary consensus standards for (iii) Such other individuals as the Sec- (j) CLERICAL AMENDMENT.—Such section is staffing, training, safe operations, personal further amended in the heading by striking protective equipment, and fitness among the retary considers appropriate. ‘‘EXPANSION OF PRE-SEPTEMBER 11, 2001, fire services of the United States. (B) REPRESENTATIVES OF OTHER DEPART- FIRE GRANT PROGRAM’’ and inserting the (2) SURVEY.— MENTS AND AGENCIES.—The Secretary may following: ‘‘STAFFING FOR ADEQUATE (A) IN GENERAL.—In carrying out the study invite representatives of other Federal de- FIRE AND EMERGENCY RESPONSE’’. required by paragraph (1), the Administrator partments and agencies that have an inter- est in fire services to participate in the (k) SUNSET OF AUTHORITY TO AWARD HIRING shall carry out a survey of fire services to as- meetings and other activities of the Task GRANTS.—Such section is further amended sess the level of compliance of such fire serv- Force. by adding at the end the following: ices with the standards described in such paragraph. (C) NUMBER; TERMS OF SERVICE; PAY AND ‘‘(k) SUNSET OF AUTHORITIES.—The author- (B) ELEMENTS.—The survey required by ALLOWANCES.—The Secretary shall determine ity to award assistance and grants under this subparagraph (A) shall— the number, terms of service, and pay and al- section shall expire on the date that is 10 (i) include career fire departments, volun- lowances of members of the Task Force ap- years after the date of the enactment of the teer fire departments, combination fire de- pointed by the Secretary, except that a term Fire Grants Reauthorization Act of 2012.’’. partments, and fire departments serving of service of any such member may not ex- SEC. 1805. SENSE OF CONGRESS ON VALUE AND communities of different sizes, and such ceed 2 years. FUNDING OF ASSISTANCE TO FIRE- other distinguishing factors as the Adminis- (3) RESPONSIBILITIES.—The Task Force FIGHTERS AND STAFFING FOR ADE- trator considers relevant; shall— QUATE FIRE AND EMERGENCY RE- (ii) employ methods to ensure that the sur- (A) consult with the Secretary in the con- SPONSE PROGRAMS. vey accurately reflects the actual rate of duct of the study required by subsection It is the sense of Congress that— compliance with the standards described in (b)(1); and (1) the grants and assistance awarded paragraph (1) among fire services; and (B) develop a plan to enhance firefighter under sections 33 and 34 of the Federal Fire (iii) determine the extent of barriers and safety by increasing fire service compliance Prevention and Control Act of 1974 (15 U.S.C. challenges to achieving compliance with the with the standards described in subsection 2229 and 2229a) have proven equally valuable standards described in paragraph (1) among (b)(1), including by— in protecting the health and safety of the fire services. (i) reviewing and evaluating the report re- public and firefighting personnel throughout (C) AUTHORITY TO CARRY OUT SURVEY WITH quired by subsection (b)(3)(A) to determine the United States against fire and fire-re- NONPROFIT.—If the Administrator determines the extent of and barriers to achieving com- lated hazards; and that it will reduce the costs incurred by the pliance with the standards described in sub- (2) providing parity in funding for the United States Fire Administration in car- section (b)(1) among fire services; and awarding of grants and assistance under both rying out the survey required by subpara- (ii) considering ways in which the Federal such sections will ensure that the grant and graph (A), the Administrator may carry out Government, States, and local governments assistance programs under such sections can such survey in conjunction with a nonprofit can promote or encourage fire services to continue to serve their complementary pur- organization that has substantial expertise comply with such standards. poses. and experience in the following areas: (4) REPORT.—

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(A) IN GENERAL.—Not later than 180 days (5) by inserting after paragraph (5), the fol- ‘‘(b) ASSISTANCE PROGRAM.— after the date on which the Secretary sub- lowing: ‘‘(1) AUTHORITY.—In accordance with this mits the report required by subsection ‘‘(6) ‘Indian tribe’ has the meaning given section, the Administrator of FEMA may (b)(3)(A), the Task Force shall submit to that term in section 4 of the Indian Self-De- award— Congress and the Secretary a report on the termination and Education Assistance Act ‘‘(A) assistance to firefighters grants under activities and findings of the Task Force. (25 U.S.C. 450b) and ‘tribal’ means of or per- subsection (c); and (B) CONTENTS.—The report required by sub- taining to an Indian tribe;’’; ‘‘(B) fire prevention and safety grants and paragraph (A) shall include the following: (6) by redesignating paragraphs (9) and (10), other assistance under subsection (d). (i) The findings and recommendations of as redesignated by paragraph (4), as para- ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- the Task Force with respect to the study graphs (10) and (11); ministrator of FEMA shall— carried out under subsection (b)(1). (7) by inserting after paragraph (8), as re- ‘‘(A) establish specific criteria for the se- (ii) The plan developed under paragraph designated by paragraph (4), the following: lection of grant recipients under this sec- (3)(B). ‘‘(9) ‘Secretary’ means, except as otherwise tion; and (d) STUDY AND REPORT ON THE NEEDS OF provided, the Secretary of Homeland Secu- ‘‘(B) provide assistance with application FIRE SERVICES.— rity;’’; and preparation to applicants for such grants. (1) STUDY.—The Administrator shall con- (8) by amending paragraph (10), as redesig- ‘‘(c) ASSISTANCE TO FIREFIGHTERS duct a study— nated by paragraph (6), to read as follows: GRANTS.— (A) to define the current roles and activi- ‘‘(10) ‘State’ has the meaning given the ‘‘(1) IN GENERAL.—The Administrator of ties associated with fire services on a na- term in section 2 of the Homeland Security FEMA may, in consultation with the chief tional, State, regional, and local level; Act of 2002 (6 U.S.C. 101).’’. executives of the States in which the recipi- (B) to identify the equipment, staffing, and (b) CONFORMING AMENDMENTS.— ents are located, award grants on a competi- training required to fulfill the roles and ac- (1) ADMINISTRATOR OF FEMA.—The Federal tive basis directly to— tivities defined under subparagraph (A); Fire Prevention and Control Act of 1974 (15 ‘‘(A) fire departments, for the purpose of (C) to conduct an assessment to identify U.S.C. 2201 et seq.) is amended by striking protecting the health and safety of the pub- gaps between what fire services currently ‘‘Director’’ each place it appears and insert- lic and firefighting personnel throughout the possess and what they require to meet the ing ‘‘Administrator of FEMA’’. United States against fire, fire-related, and equipment, staffing, and training needs iden- (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- other hazards; tified under subparagraph (B) on a national tion 15 of such Act (15 U.S.C. 2214) is amend- ‘‘(B) nonaffiliated EMS organizations to and State-by-State basis; and ed by striking ‘‘Director’s Award’’ each place support the provision of emergency medical (D) to measure the impact of the grant and it appears and inserting ‘‘Administrator’s services; and assistance program under section 33 of the Award’’. ‘‘(C) State fire training academies for the Federal Fire Prevention and Control Act of SEC. 1803. ASSISTANCE TO FIREFIGHTERS purposes described in subparagraphs (G), (H), 1974 (15 U.S.C. 2229) in meeting the needs of GRANTS. and (I) of paragraph (3). fire services and filling the gaps identified Section 33 of the Federal Fire Prevention ‘‘(2) MAXIMUM GRANT AMOUNTS.— under subparagraph (C). and Control Act of 1974 (15 U.S.C. 2229) is ‘‘(A) POPULATION.—The Administrator of (2) REPORT.—Not later than 2 years after amended to read as follows: FEMA may not award a grant under this the date of the enactment of this title, the ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. subsection in excess of amounts as follows: Administrator shall submit to Congress a re- ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) In the case of a recipient that serves a port on the findings of the Administrator ‘‘(1) ADMINISTRATOR OF FEMA.—The term jurisdiction with 100,000 people or fewer, the with respect to the study conducted under ‘Administrator of FEMA’ means the Admin- amount of the grant awarded to such recipi- paragraph (1). istrator of FEMA, acting through the Ad- ent shall not exceed $1,000,000 in any fiscal (e) AUTHORIZATION OF APPROPRIATIONS.— ministrator. year. There are authorized to be appropriated to ‘‘(2) AVAILABLE GRANT FUNDS.—The term ‘‘(ii) In the case of a recipient that serves the Administrator to carry out this section— ‘available grant funds’, with respect to a fis- a jurisdiction with more than 100,000 people (1) $600,000 for fiscal year 2013; and cal year, means those funds appropriated but not more than 500,000 people, the amount (2) $600,000 for fiscal year 2014. pursuant to the authorization of appropria- of the grant awarded to such recipient shall tions in subsection (q)(1) for such fiscal year not exceed $2,000,000 in any fiscal year. SA 3090. Mr. LIEBERMAN (for him- less any funds used for administrative costs ‘‘(iii) In the case of a recipient that serves self, Ms. COLLINS, Mr. CARPER, and Mr. pursuant to subsection (q)(2) in such fiscal a jurisdiction with more than 500,000 but not BROWN of Massachusetts) submitted an year. more than 1,000,000 people, the amount of the amendment intended to be proposed by ‘‘(3) CAREER FIRE DEPARTMENT.—The term grant awarded to such recipient shall not ex- ‘career fire department’ means a fire depart- ceed $3,000,000 in any fiscal year. him to the bill S. 3254, to authorize ap- ment that has an all-paid force of fire- ‘‘(iv) In the case of a recipient that serves propriations for fiscal year 2013 for fighting personnel other than paid-on-call a jurisdiction with more than 1,000,000 people military activities of the Department firefighters. but not more than 2,500,000 people, the of Defense, for military construction, ‘‘(4) COMBINATION FIRE DEPARTMENT.—The amount of the grant awarded to such recipi- and for defense activities of the De- term ‘combination fire department’ means a ent shall not exceed $6,000,000 for any fiscal partment of Energy, to prescribe mili- fire department that has— year. tary personnel strengths for such fiscal ‘‘(A) paid firefighting personnel; and ‘‘(v) In the case of a recipient that serves year, and for other purposes; which was ‘‘(B) volunteer firefighting personnel. a jurisdiction with more than 2,500,000 peo- ordered to lie on the table; as follows: ‘‘(5) FIREFIGHTING PERSONNEL.—The term ple, the amount of the grant awarded to such ‘firefighting personnel’ means individuals, recipient shall not exceed $9,000,000 in any At the end of division A, add the following: including volunteers, who are firefighters, fiscal year. TITLE XVIII—FEDERAL ASSISTANCE TO officers of fire departments, or emergency ‘‘(B) AGGREGATE.— FIRE DEPARTMENTS medical service personnel of fire depart- ‘‘(i) IN GENERAL.—Notwithstanding sub- Subtitle A—Fire Grants Reauthorization ments. paragraphs (A) and (B) and except as pro- SEC. 1801. SHORT TITLE. ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— vided under clause (ii), the Administrator of This subtitle may be cited as the ‘‘Fire The term ‘institution of higher education’ FEMA may not award a grant under this Grants Reauthorization Act of 2012’’. has the meaning given such term in section subsection in a fiscal year in an amount that SEC. 1802. AMENDMENTS TO DEFINITIONS. 101 of the Higher Education Act of 1965 (20 exceeds the amount that is one percent of (a) IN GENERAL.—Section 4 of the Federal U.S.C. 1001). the available grant funds in such fiscal year. Fire Prevention and Control Act of 1974 (15 ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— ‘‘(ii) EXCEPTION.—The Administrator of U.S.C. 2203) is amended— The term ‘nonaffiliated EMS organization’ FEMA may waive the limitation in clause (i) (1) in paragraph (3), by inserting ‘‘, except means a public or private nonprofit emer- with respect to a grant recipient if the Ad- as otherwise provided,’’ after ‘‘means’’; gency medical services organization that is ministrator of FEMA determines that such (2) in paragraph (4), by striking ‘‘ ‘Director’ not affiliated with a hospital and does not recipient has an extraordinary need for a means’’ and all that follows through ‘‘Agen- serve a geographic area in which the Admin- grant in an amount that exceeds the limit cy;’’ and inserting ‘‘ ‘Administrator of istrator of FEMA finds that emergency med- under clause (i). FEMA’ means the Administrator of the Fed- ical services are adequately provided by a ‘‘(3) USE OF GRANT FUNDS.—Each entity re- eral Emergency Management Agency;’’; fire department. ceiving a grant under this subsection shall (3) in paragraph (5)— ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ use the grant for one or more of the fol- (A) by inserting ‘‘Indian tribe,’’ after with respect to firefighting personnel means lowing purposes: ‘‘county,’’; and firefighting personnel who are paid a stipend ‘‘(A) To train firefighting personnel in— (B) by striking ‘‘and ‘firecontrol’ ’’ and in- for each event to which they respond. ‘‘(i) firefighting; serting ‘‘and ‘fire control’ ’’; ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(ii) emergency medical services and other (4) by redesignating paragraphs (6) through term ‘volunteer fire department’ means a emergency response (including response to (9) as paragraphs (7) through (10), respec- fire department that has an all-volunteer natural disasters, acts of terrorism, and tively; force of firefighting personnel. other man-made disasters);

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‘‘(iii) arson prevention and detection; ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant tional fire service and emergency medical ‘‘(iv) maritime firefighting; or awarded under this subsection may not ex- services organizations, appoint fire service ‘‘(v) the handling of hazardous materials. ceed $1,500,000 for a fiscal year. personnel to conduct peer reviews of applica- ‘‘(B) To train firefighting personnel to pro- ‘‘(3) USE OF GRANT FUNDS.—Each entity re- tions received under subsection (e)(1). vide any of the training described under sub- ceiving a grant under this subsection shall ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY paragraph (A). use the grant for one or more of the fol- COMMITTEE ACT.—The Federal Advisory Com- ‘‘(C) To fund the creation of rapid interven- lowing purposes: mittee Act (5 U.S.C. App.) shall not apply to tion teams to protect firefighting personnel ‘‘(A) To enforce fire codes and promote activities carried out pursuant to this sub- at the scenes of fires and other emergencies. compliance with fire safety standards. section. ‘‘(D) To certify— ‘‘(B) To fund fire prevention programs, in- ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In ‘‘(i) fire inspectors; and cluding programs that educate the public awarding grants under this section, the Ad- ‘‘(ii) building inspectors— about arson prevention and detection. ministrator of FEMA shall consider the fol- ‘‘(I) whose responsibilities include fire ‘‘(C) To fund wildland fire prevention pro- lowing: ‘‘(1) The findings and recommendations of safety inspections; and grams, including education, awareness, and the peer reviews carried out under sub- ‘‘(II) who are employed by or serving as mitigation programs that protect lives, prop- section (f). volunteers with a fire department. erty, and natural resources from fire in the ‘‘(2) The degree to which an award will re- ‘‘(E) To establish wellness and fitness pro- wildland-urban interface. duce deaths, injuries, and property damage grams for firefighting personnel to ensure ‘‘(D) In the case of a grant awarded under paragraph (1)(C), to fund the establishment by reducing the risks associated with fire-re- that the firefighting personnel are able to or operation of a fire safety research center lated and other hazards. carry out their duties as firefighters, includ- for the purpose of significantly reducing the ‘‘(3) The extent of the need of an applicant ing programs dedicated to raising awareness number of fire-related deaths and injuries for a grant under this section and the need to of, and prevention of, job-related mental among firefighters and the general public protect the United States as a whole. health issues. through research, development, and tech- ‘‘(4) The number of calls requesting or re- ‘‘(F) To fund emergency medical services nology transfer activities. quiring a fire fighting or emergency medical provided by fire departments and non- ‘‘(E) To support such other activities, con- response received by an applicant. affiliated EMS organizations. sistent with the purposes of this subsection, ‘‘(h) ALLOCATION OF GRANT AWARDS.—In ‘‘(G) To acquire additional firefighting ve- as the Administrator of FEMA determines awarding grants under this section, the Ad- hicles, including fire trucks and other appa- appropriate. ministrator of FEMA shall ensure that of the ratus. ‘‘(4) LIMITATION.—None of the funds made available grant funds in each fiscal year— ‘‘(H) To acquire additional firefighting available under this subsection may be pro- ‘‘(1) not less than 25 percent are awarded equipment, including equipment for— vided to the Association of Community Orga- under subsection (c) to career fire depart- ‘‘(i) fighting fires with foam in remote nizations for Reform Now (ACORN) or any of ments; areas without access to water; and its affiliates, subsidiaries, or allied organiza- ‘‘(2) not less than 25 percent are awarded ‘‘(ii) communications, monitoring, and re- tions. under subsection (c) to volunteer fire depart- sponse to a natural disaster, act of ter- ‘‘(e) APPLICATIONS FOR GRANTS.— ments; rorism, or other man-made disaster, includ- ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(3) not less than 25 percent are awarded ing the use of a weapon of mass destruction. grant under this section shall submit to the under subsection (c) to combination fire de- ‘‘(I) To acquire personal protective equip- Administrator of FEMA an application partments and fire departments using paid- ment, including personal protective equip- therefor in such form and in such manner as on-call firefighting personnel; ment— the Administrator of FEMA determines ap- ‘‘(4) not less than 10 percent are available ‘‘(i) prescribed for firefighting personnel by propriate. for open competition among career fire de- the Occupational Safety and Health Admin- ‘‘(2) ELEMENTS.—Each application sub- partments, volunteer fire departments, com- istration of the Department of Labor; or mitted under paragraph (1) shall include the bination fire departments, and fire depart- ‘‘(ii) for responding to a natural disaster or following: ments using paid-on-call firefighting per- act of terrorism or other man-made disaster, ‘‘(A) A description of the financial need of sonnel for grants awarded under subsection including the use of a weapon of mass de- the applicant for the grant. (c); struction. ‘‘(B) An analysis of the costs and benefits, ‘‘(5) not less than 10 percent are awarded ‘‘(J) To modify fire stations, fire training with respect to public safety, of the use for under subsection (d); and facilities, and other facilities to protect the which a grant is requested. ‘‘(6) not more than 2 percent are awarded health and safety of firefighting personnel. ‘‘(C) An agreement to provide information under this section to nonaffiliated EMS or- ‘‘(K) To educate the public about arson to the national fire incident reporting sys- ganizations described in subsection (c)(1)(B). prevention and detection. tem for the period covered by the grant. ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- ‘‘(L) To provide incentives for the recruit- ‘‘(D) A list of other sources of funding re- TIONS.— ment and retention of volunteer firefighting ceived by the applicant— ‘‘(1) FUNDING FOR EMERGENCY MEDICAL personnel for volunteer firefighting depart- ‘‘(i) for the same purpose for which the ap- SERVICES.—Not less than 3.5 percent of the ments and other firefighting departments plication for a grant under this section was available grant funds for a fiscal year shall that utilize volunteers. submitted; or be awarded under this section for purposes ‘‘(M) To support such other activities, con- ‘‘(ii) from the Federal Government for described in subsection (c)(3)(F). sistent with the purposes of this subsection, other fire-related purposes. ‘‘(2) STATE FIRE TRAINING ACADEMIES.— as the Administrator of FEMA determines ‘‘(E) Such other information as the Admin- ‘‘(A) MAXIMUM SHARE.—Not more than 3 appropriate. istrator of FEMA determines appropriate. percent of the available grant funds for a fis- ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— cal year may be awarded under subsection ‘‘(d) FIRE PREVENTION AND SAFETY ‘‘(A) IN GENERAL.—Two or more entities (c)(1)(C). GRANTS.— may submit an application under paragraph ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- ‘‘(1) IN GENERAL.—For the purpose of as- (1) for a grant under this section to fund a ministrator of FEMA may not award a grant sisting fire prevention programs and sup- joint program or initiative, including acqui- under subsection (c)(1)(C) to a State fire porting firefighter health and safety re- sition of shared equipment or vehicles. training academy in an amount that exceeds search and development, the Administrator ‘‘(B) NONEXCLUSIVITY.—Applications under $1,000,000 in any fiscal year. of FEMA may, on a competitive basis— this paragraph may be submitted instead of ‘‘(3) AMOUNTS FOR PURCHASING FIRE- ‘‘(A) award grants to fire departments; or in addition to any other application sub- FIGHTING VEHICLES.—Not more than 25 per- ‘‘(B) award grants to, or enter into con- mitted under paragraph (1). cent of the available grant funds for a fiscal tracts or cooperative agreements with, na- ‘‘(C) GUIDANCE.—The Administrator of year may be used to assist grant recipients tional, State, local, tribal, or nonprofit orga- FEMA shall— to purchase vehicles pursuant to subsection nizations that are not fire departments and ‘‘(i) publish guidance on applying for and (c)(3)(G). that are recognized for their experience and administering grants awarded for joint pro- ‘‘(j) FURTHER CONSIDERATIONS.— expertise with respect to fire prevention or grams and initiatives described in subpara- ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS fire safety programs and activities and fire- graph (A); and TO FIRE DEPARTMENTS.—In considering appli- fighter research and development programs, ‘‘(ii) encourage applicants to apply for cations for grants under subsection (c)(1)(A), for the purpose of carrying out— grants for joint programs and initiatives de- the Administrator of FEMA shall consider— ‘‘(i) fire prevention programs; and scribed in subparagraph (A) as the Adminis- ‘‘(A) the extent to which the grant would ‘‘(ii) research to improve firefighter health trator of FEMA determines appropriate to enhance the daily operations of the applicant and life safety; and achieve greater cost effectiveness and re- and the impact of such a grant on the protec- ‘‘(C) award grants to institutions of higher gional efficiency. tion of lives and property; and education, national fire service organiza- ‘‘(f) PEER REVIEW OF GRANT APPLICA- ‘‘(B) a broad range of factors important to tions, or national fire safety organizations to TIONS.— the applicant’s ability to respond to fires and establish and operate fire safety research ‘‘(1) IN GENERAL.—The Administrator of related hazards, such as the following: centers. FEMA shall, after consultation with na- ‘‘(i) Population served.

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‘‘(ii) Geographic response area. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- ‘‘(IV) Such other factors as the Adminis- ‘‘(iii) Hazards vulnerability. ANCE TO FIREFIGHTERS GRANTS.— trator of FEMA considers appropriate. ‘‘(iv) Call volume. ‘‘(A) IN GENERAL.—Except as provided in ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(v) Financial situation, including unem- subparagraph (B), an applicant seeking a TION AND SAFETY GRANTS.—The authority ployment rate of the area being served. grant to carry out an activity under sub- under subparagraph (A) shall not apply with ‘‘(vi) Need for training or equipment. section (c) shall agree to make available respect to a nonprofit organization that— ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS non-Federal funds to carry out such activity ‘‘(i) is described in subsection (d)(1)(B); and ORGANIZATIONS.—In the case of an applica- in an amount equal to not less than 15 per- ‘‘(ii) is not a fire department or emergency tion submitted under subsection (e)(1) by a cent of the grant awarded to such applicant medical services organization. nonaffiliated EMS organization, the Admin- under such subsection. ‘‘(l) GRANT GUIDELINES.— istrator of FEMA shall consider the extent ‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(1) GUIDELINES.—For each fiscal year, to which other sources of Federal funding SMALL COMMUNITIES.—In the case that an ap- prior to awarding any grants under this sec- are available to the applicant to provide the plicant seeking a grant to carry out an ac- tion, the Administrator of FEMA shall pub- assistance requested in such application. tivity under subsection (c) serves a jurisdic- lish in the Federal Register— ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- tion of— ‘‘(A) guidelines that describe— TY GRANTS TO CERTAIN ORGANIZATIONS THAT ‘‘(i) more than 20,000 residents but not ‘‘(i) the process for applying for grants ARE NOT FIRE DEPARTMENTS.—In the case of more than 1,000,000 residents, the application under this section; and applicants for grants under this section who shall agree to make available non-Federal ‘‘(ii) the criteria that will be used for se- are described in subsection (d)(1)(B), the Ad- funds in an amount equal to not less than 10 lecting grant recipients; and ministrator of FEMA shall give priority to percent of the grant awarded to such appli- ‘‘(B) an explanation of any differences be- applicants who focus on— cant under such subsection; and tween such guidelines and the recommenda- ‘‘(A) prevention of injuries to high risk ‘‘(ii) 20,000 residents or fewer, the applicant tions obtained under paragraph (2). groups from fire; and shall agree to make available non-Federal ‘‘(2) ANNUAL MEETING TO OBTAIN REC- ‘‘(B) research programs that demonstrate a funds in an amount equal to not less than 5 OMMENDATIONS.— potential to improve firefighter safety. percent of the grant awarded to such appli- ‘‘(A) IN GENERAL.—For each fiscal year, the ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- cant under such subsection. Administrator of FEMA shall convene a SEARCH CENTERS.— ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- meeting of qualified members of national ‘‘(A) CONSIDERATIONS.—In awarding grants VENTION AND SAFETY GRANTS.— fire service organizations and, at the discre- under subsection (d)(1)(C), the Administrator ‘‘(A) IN GENERAL.—An applicant seeking a tion of the Administrator of FEMA, qualified of FEMA shall— grant to carry out an activity under sub- members of emergency medical service orga- ‘‘(i) select each grant recipient on— section (d) shall agree to make available nizations to obtain recommendations regard- ‘‘(I) the demonstrated research and exten- non-Federal funds to carry out such activity ing the following: sion resources available to the recipient to in an amount equal to not less than 5 percent ‘‘(i) Criteria for the awarding of grants carry out the research, development, and of the grant awarded to such applicant under under this section. technology transfer activities; such subsection. ‘‘(ii) Administrative changes to the assist- ‘‘(II) the capability of the recipient to pro- ‘‘(B) MEANS OF MATCHING.—An applicant ance program established under subsection vide leadership in making national contribu- for a grant under subsection (d) may meet (b). tions to fire safety; the matching requirement under subpara- ‘‘(B) QUALIFIED MEMBERS.—For purposes of ‘‘(III) the recipient’s ability to disseminate graph (A) through direct funding, funding of this paragraph, a qualified member of an or- the results of fire safety research; and complementary activities, or the provision ganization is a member who— ‘‘(IV) the strategic plan the recipient pro- of staff, facilities, services, material, or ‘‘(i) is recognized for expertise in fire- poses to carry out under the grant; equipment. fighting or emergency medical services; ‘‘(ii) give special consideration in selecting ‘‘(3) MAINTENANCE OF EXPENDITURES.—An ‘‘(ii) is not an employee of the Federal applicant seeking a grant under subsection recipients under subparagraph (A) to an ap- Government; and plicant for a grant that consists of a partner- (c) or (d) shall agree to maintain during the ‘‘(iii) in the case of a member of an emer- ship between— term of the grant the applicant’s aggregate gency medical service organization, is a ‘‘(I) a national fire service organization or expenditures relating to the uses described member of an organization that represents— a national fire safety organization; and in subsections (c)(3) and (d)(3) at not less ‘‘(I) providers of emergency medical serv- ‘‘(II) an institution of higher education, in- than 80 percent of the average amount of ices that are affiliated with fire depart- cluding a minority-serving institution (as such expenditures in the 2 fiscal years pre- ments; or described in section 371(a) of the Higher Edu- ceding the fiscal year in which the grant ‘‘(II) nonaffiliated EMS providers. cation Act of 1965 (20 U.S.C. 1067q(a))); and amounts are received. ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(iii) consider the research needs identified ‘‘(4) WAIVER.— COMMITTEE ACT.—The Federal Advisory Com- and prioritized through the workshop re- ‘‘(A) IN GENERAL.—Except as provided in mittee Act (5 U.S.C. App.) shall not apply to quired by subparagraph (B)(i). subparagraph (C)(ii), the Administrator of activities carried out under this subsection. ‘‘(B) RESEARCH NEEDS.— FEMA may waive or reduce the require- ‘‘(m) ACCOUNTING DETERMINATION.—Not- ments of paragraphs (1), (2), and (3) in cases ‘‘(i) IN GENERAL.—Not later than 90 days withstanding any other provision of law, for of demonstrated economic hardship. after the date of the enactment of the Fire purposes of this section, equipment costs ‘‘(B) GUIDELINES.— Grants Reauthorization Act of 2012, the Ad- shall include all costs attributable to any de- ‘‘(i) IN GENERAL.—The Administrator of ministrator of FEMA shall convene a work- sign, purchase of components, assembly, FEMA shall establish and publish guidelines shop of the fire safety research community, manufacture, and transportation of equip- for determining what constitutes economic fire service organizations, and other appro- ment not otherwise commercially available. hardship for purposes of this paragraph. priate stakeholders to identify and prioritize ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF ONSULTATION fire safety research needs. ‘‘(ii) C .—In developing guide- ALASKA NATIVE VILLAGES.—The Alaska Vil- ‘‘(ii) PUBLICATION.—The Administrator of lines under clause (i), the Administrator of lage Initiatives, a non-profit organization in- FEMA shall ensure that the results of the FEMA shall consult with individuals who corporated in the State of Alaska, shall be workshop are made available to the public. are— eligible to apply for and receive a grant or ‘‘(C) LIMITATIONS ON GRANTS FOR FIRE SAFE- ‘‘(I) recognized for expertise in firefighting, other assistance under this section on behalf TY RESEARCH CENTERS.— emergency medical services provided by fire of Alaska Native villages. ‘‘(i) IN GENERAL.—The Administrator of services, or the economic affairs of State and ‘‘(o) TRAINING STANDARDS.—If an applicant FEMA may award grants under subsection local governments; and for a grant under this section is applying for (d) to establish not more than 3 fire safety ‘‘(II) members of national fire service orga- such grant to purchase training that does research centers. nizations or national organizations rep- not meet or exceed any applicable national ‘‘(ii) RECIPIENTS.—An institution of higher resenting the interests of State and local voluntary consensus standards, including education, a national fire service organiza- governments. those developed under section 647 of the tion, and a national fire safety organization ‘‘(iii) CONSIDERATIONS.—In developing Post-Katrina Emergency Management Re- may not directly receive a grant under sub- guidelines under clause (i), the Adminis- form Act of 2006 (6 U.S.C. 747), the applicant section (d) for a fiscal year for more than 1 trator of FEMA shall consider, with respect shall submit to the Administrator of FEMA fire safety research center. to relevant communities, the following: an explanation of the reasons that the train- ‘‘(5) AVOIDING DUPLICATION.—The Adminis- ‘‘(I) Changes in rates of unemployment ing proposed to be purchased will serve the trator of FEMA shall review lists submitted from previous years. needs of the applicant better than training by applicants pursuant to subsection ‘‘(II) Whether the rates of unemployment that meets or exceeds such standards. (e)(2)(D) and take such actions as the Admin- of the relevant communities are currently ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— istrator of FEMA considers necessary to pre- and have consistently exceeded the annual ‘‘(1) AUDITS.—The Administrator of FEMA vent unnecessary duplication of grant national average rates of unemployment. may audit a recipient of a grant awarded awards. ‘‘(III) Changes in percentages of individ- under this section to ensure that— ‘‘(k) MATCHING AND MAINTENANCE OF EX- uals eligible to receive food stamps from pre- ‘‘(A) the grant amounts are expended for PENDITURE REQUIREMENTS.— vious years. the intended purposes; and

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‘‘(B) the grant recipient complies with the (1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(iii) Changes in percentages of individuals requirements of subsection (k). section 34(a)(1) of the Federal Fire Preven- eligible to receive food stamps from previous ‘‘(2) PERFORMANCE ASSESSMENT.— tion and Control Act of 1974 (15 U.S.C. years. ‘‘(A) IN GENERAL.—The Administrator of 2229a(a)(1)) is amended to read as follows: ‘‘(iv) Such other factors as the Adminis- FEMA shall develop and implement a per- ‘‘(B) Grants made under this paragraph trator of FEMA considers appropriate.’’. formance assessment system, including shall be for 3 years and be used for programs (e) IMPROVEMENTS TO PERFORMANCE EVAL- quantifiable performance metrics, to evalu- to hire new, additional firefighters.’’. UATION REQUIREMENTS.—Subsection (e) of ate the extent to which grants awarded (2) LIMITATION OF PORTION OF COSTS OF HIR- section 34 of such Act (15 U.S.C. 2229a), as re- under this section are furthering the pur- ING FIREFIGHTERS.—Subparagraph (E) of such designated by subsection (d)(1) of this sec- poses of this section, including protecting section is amended to read as follows: tion, is amended by inserting before the first the health and safety of the public and fire- ‘‘(E) The portion of the costs of hiring fire- sentence the following: fighting personnel against fire and fire-re- fighters provided by a grant under this para- ‘‘(1) IN GENERAL.—The Administrator of lated hazards. graph may not exceed— FEMA shall establish a performance assess- ‘‘(B) CONSULTATION.—The Administrator of ‘‘(i) 75 percent in the first year of the ment system, including quantifiable per- FEMA shall consult with fire service rep- grant; formance metrics, to evaluate the extent to resentatives and with the Comptroller Gen- ‘‘(ii) 75 percent in the second year of the which grants awarded under this section are eral of the United States in developing the grant; and furthering the purposes of this section. assessment system required by subparagraph ‘‘(iii) 35 percent in the third year of the ‘‘(2) SUBMITTAL OF INFORMATION.—’’. (A). grant.’’. (f) REPORT.— ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF (b) CLARIFICATION REGARDING ELIGIBLE EN- (1) IN GENERAL.—Subsection (f) of section FEMA.—Not less frequently than once each TITIES FOR RECRUITMENT AND RETENTION 34 of such Act (15 U.S.C. 2229a), as redesig- year during the term of a grant awarded GRANTS.—The second sentence of section nated by subsection (d)(1) of this section, is under this section, the recipient of the grant 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is amended by striking ‘‘The authority’’ and all shall submit to the Administrator of FEMA amended by striking ‘‘organizations on a that follows through ‘‘Congress concerning’’ an annual report describing how the recipi- local or statewide basis’’ and inserting ‘‘na- and inserting the following: ‘‘Not later than ent used the grant amounts. tional, State, local, or tribal organizations’’. September 30, 2014, the Administrator of (c) MAXIMUM AMOUNT FOR HIRING A FIRE- ‘‘(4) ANNUAL REPORTS TO CONGRESS.— FEMA shall submit to the Committee on FIGHTER.—Paragraph (4) of section 34(c) of ‘‘(A) IN GENERAL.—Not later than Sep- Homeland Security and Governmental Af- such Act (15 U.S.C. 2229a(c)) is amended to tember 30, 2013, and each year thereafter fairs of the Senate and the Committee on through 2017, the Administrator of FEMA read as follows: ‘‘(4) The amount of funding provided under Science and Technology of the House of Rep- shall submit to the Committee on Homeland this section to a recipient fire department resentatives a report on’’. Security and Governmental Affairs of the for hiring a firefighter in any fiscal year may (2) CONFORMING AMENDMENT.—The heading Senate and the Committee on Science and not exceed— for subsection (f) of section 34 of such Act (15 Technology of the House of Representatives ‘‘(A) in the first year of the grant, 75 per- U.S.C. 2229a), as redesignated by subsection a report that provides— cent of the usual annual cost of a first-year (d)(1) of this section, is amended by striking ‘‘(i) information on the performance as- firefighter in that department at the time ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- sessment system developed under paragraph the grant application was submitted; PORT’’. (2); and ‘‘(B) in the second year of the grant, 75 per- (g) ADDITIONAL DEFINITIONS.— ‘‘(ii) using the performance metrics devel- cent of the usual annual cost of a first-year (1) IN GENERAL.—Subsection (i) of section oped under such paragraph, an evaluation of firefighter in that department at the time 34 of such Act (15 U.S.C. 2229a), as redesig- the effectiveness of the grants awarded under the grant application was submitted; and nated by subsection (d)(1) of this section, is this section. ‘‘(C) in the third year of the grant, 35 per- amended— ‘‘(B) ADDITIONAL INFORMATION.—The report cent of the usual annual cost of a first-year (A) in the matter before paragraph (1), by due under subparagraph (A) on September 30, firefighter in that department at the time striking ‘‘In this section, the term—’’ and in- 2016, shall also include recommendations for the grant application was submitted.’’. serting ‘‘In this section:’’; legislative changes to improve grants under (d) WAIVERS.—Section 34 of such Act (15 (B) in paragraph (1)— this section. U.S.C. 2229a) is amended— (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— (1) by redesignating subsections (d) fighter’ has’’; and ‘‘(1) IN GENERAL.—There is authorized to be through (i) as subsections (e) through (j), re- (ii) by striking ‘‘; and’’ and inserting a pe- appropriated to carry out this section— spectively; and riod; ‘‘(A) $750,000,000 for fiscal year 2013; and (2) by inserting after subsection (c) the fol- (C) by striking paragraph (2); and ‘‘(B) for each of fiscal years 2014 through lowing: (D) by inserting at the end the following: 2017, an amount equal to the amount author- ‘‘(d) WAIVERS.— ‘‘(2) The terms ‘Administrator of FEMA’, ized for the previous fiscal year increased by ‘‘(1) IN GENERAL.—In a case of dem- ‘career fire department’, ‘combination fire the percentage by which— onstrated economic hardship, the Adminis- department’, and ‘volunteer fire department’ ‘‘(i) the Consumer Price Index (all items, trator of FEMA may— have the meanings given such terms in sec- United States city average) for the previous ‘‘(A) waive the requirements of subsection tion 33(a).’’. fiscal year, exceeds (c)(1); or (2) CONFORMING AMENDMENT.—Section ‘‘(ii) the Consumer Price Index for the fis- ‘‘(B) waive or reduce the requirements in 34(a)(1)(A) of such Act (15 U.S.C. cal year preceding the fiscal year described subsection (a)(1)(E) or subsection (c)(2). 2229a(a)(1)(A)) is amended by striking ‘‘ca- in clause (i). ‘‘(2) GUIDELINES.— reer, volunteer, and combination fire depart- ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(A) IN GENERAL.—The Administrator of ments’’ and inserting ‘‘career fire depart- amounts appropriated pursuant to paragraph FEMA shall establish and publish guidelines ments, combination fire departments, and (1) for a fiscal year, the Administrator of for determining what constitutes economic volunteer fire departments’’. FEMA may use not more than 5 percent of hardship for purposes of paragraph (1). (h) AUTHORIZATION OF APPROPRIATIONS.— such amounts for salaries and expenses and ‘‘(B) CONSULTATION.—In developing guide- (1) IN GENERAL.—Subsection (j) of section other administrative costs incurred by the lines under subparagraph (A), the Adminis- 34 of such Act (15 U.S.C. 2229a), as redesig- Administrator of FEMA in the course of trator of FEMA shall consult with individ- nated by subsection (d)(1) of this section, is awarding grants and providing assistance uals who are— amended— under this section. ‘‘(i) recognized for expertise in firefighting, (A) in paragraph (6), by striking ‘‘and’’ at ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- emergency medical services provided by fire the end; ING.—Consistent with the requirements in services, or the economic affairs of State and (B) in paragraph (7), by striking the period subsections (c)(1) and (d)(1) that grants under local governments; and at the end and inserting ‘‘; and’’; and those subsections be awarded on a competi- ‘‘(ii) members of national fire service orga- (C) by adding at the end the following: tive basis, none of the funds appropriated nizations or national organizations rep- ‘‘(8) $750,000,000 for fiscal year 2013; and pursuant to this subsection may be used for resenting the interests of State and local ‘‘(9) for each of fiscal years 2014 through any congressionally directed spending item governments. 2017, an amount equal to the amount author- (as defined under the rules of the Senate and ‘‘(C) CONSIDERATIONS.—In developing guide- ized for the previous fiscal year increased by the House of Representatives). lines under subparagraph (A), the Adminis- the percentage by which— ‘‘(r) SUNSET OF AUTHORITIES.—The author- trator of FEMA shall consider, with respect ‘‘(A) the Consumer Price Index (all items, ity to award assistance and grants under this to relevant communities, the following: United States city average) for the previous section shall expire on the date that is 10 ‘‘(i) Changes in rates of unemployment fiscal year, exceeds years after the date of the enactment of the from previous years. ‘‘(B) the Consumer Price Index for the fis- Fire Grants Reauthorization Act of 2012.’’. ‘‘(ii) Whether the rates of unemployment cal year preceding the fiscal year described SEC. 1804. STAFFING FOR ADEQUATE FIRE AND of the relevant communities are currently in subparagraph (A).’’. EMERGENCY RESPONSE. and have consistently exceeded the annual (2) ADMINISTRATIVE EXPENSES.—Such sub- (a) IMPROVEMENTS TO HIRING GRANTS.— national average rates of unemployment. section (j) is further amended—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7083 (A) in paragraph (9), as added by paragraph on the effectiveness, relative allocation, ac- (2)(A), of the rate of compliance with the (1) of this subsection, by redesignating sub- countability, and administration of the standards described in paragraph (1) among paragraphs (A) and (B) as clauses (i) and (ii), grants and assistance awarded under sec- United States fire services, including a com- respectively, and moving the left margin of tions 33 and 34 of the Federal Fire Preven- parison of the rates of compliance among ca- such clauses, as so redesignated, 2 ems to the tion and Control Act of 1974 (15 U.S.C. 2229 reer fire departments, volunteer fire depart- right; and 2229a) after the date of the enactment of ments, combination fire departments, and (B) by redesignating paragraphs (1) this Act. fire departments serving communities of dif- through (9) as subparagraphs (A) through (I), (2) An evaluation of the extent to which ferent sizes, and such other comparisons as respectively, and moving the left margin of the amendments made by sections 1803 and Administrator considers relevant. such subparagraphs, as so redesignated, 2 1804 have enabled recipients of grants and as- (ii) A description of the challenges faced by ems to the right; sistance awarded under such sections 33 and different types of fire departments and dif- (C) by striking ‘‘There are’’ and inserting 34 after the date of the enactment of this Act ferent types of communities in complying the following: to mitigate fire and fire-related and other with the standards described in paragraph ‘‘(1) IN GENERAL.—There are’’; and hazards more effectively. (1). (D) by adding at the end the following: SEC. 1807. STUDIES AND REPORTS ON THE STATE (c) TASK FORCE TO ENHANCE FIREFIGHTER ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the OF FIRE SERVICES. SAFETY.— amounts appropriated pursuant to paragraph (a) DEFINITIONS.—In this section: (1) ESTABLISHMENT.—Not later than 60 days (1) for a fiscal year, the Administrator of (1) ADMINISTRATOR.—The term ‘‘Adminis- after the date of the enactment of this Act, FEMA may use not more than 5 percent of trator’’ means the Administrator of the the Secretary of Homeland Security shall es- such amounts to cover salaries and expenses United States Fire Administration. tablish a task force to be known as the and other administrative costs incurred by (2) CAREER FIRE DEPARTMENT, COMBINATION ‘‘Task Force to Enhance Firefighter Safety’’ the Administrator of FEMA to make grants FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- (in this subsection referred to as the ‘‘Task and provide assistance under this section.’’. MENT.—The terms ‘‘career fire department’’, Force’’). (2) MEMBERSHIP.— (3) CONGRESSIONALLY DIRECTED SPENDING.— ‘‘combination fire department’’, and ‘‘volun- Such subsection (j) is further amended by teer fire department’’ have the meanings (A) IN GENERAL.—Members of the Task adding at the end the following: given such terms in section 33(a) of the Fed- Force shall be appointed by the Secretary eral Fire Prevention and Control Act of 1974 from among the general public and shall in- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- (15 U.S.C. 2229(a)), as amended by section clude the following: ING.—Consistent with the requirement in (i) Representatives of national organiza- subsection (a) that grants under this section 1803. tions representing firefighters and fire be awarded on a competitive basis, none of (3) FIRE SERVICE.—The term ‘‘fire service’’ chiefs. the funds appropriated pursuant to this sub- has the meaning given such term in section 4 of the Federal Fire Prevention and Control (ii) Individuals representing standards-set- section may be used for any congressionally Act of 1974 (15 U.S.C. 2203). ting and accrediting organizations, including direct spending item (as defined under the (b) STUDY AND REPORT ON COMPLIANCE WITH representatives from the voluntary con- rules of the Senate and the House of Rep- STAFFING STANDARDS.— sensus codes and standards development resentatives).’’. (1) STUDY.—The Administrator shall con- community. (i) TECHNICAL AMENDMENT.—Section 34 of duct a study on the level of compliance with such Act (15 U.S.C. 2229a) is amended by (iii) Such other individuals as the Sec- national voluntary consensus standards for striking ‘‘Administrator’’ each place it ap- retary considers appropriate. staffing, training, safe operations, personal pears and inserting ‘‘Administrator of (B) REPRESENTATIVES OF OTHER DEPART- FEMA’’. protective equipment, and fitness among the MENTS AND AGENCIES.—The Secretary may (j) CLERICAL AMENDMENT.—Such section is fire services of the United States. invite representatives of other Federal de- further amended in the heading by striking (2) SURVEY.— partments and agencies that have an inter- ‘‘expansion of pre-september 11, 2001, fire grant pro- (A) IN GENERAL.—In carrying out the study est in fire services to participate in the gram’’ and inserting the following: ‘‘staffing for required by paragraph (1), the Administrator meetings and other activities of the Task adequate fire and emergency response’’. shall carry out a survey of fire services to as- Force. (k) SUNSET OF AUTHORITY TO AWARD HIRING sess the level of compliance of such fire serv- (C) NUMBER; TERMS OF SERVICE; PAY AND GRANTS.—Such section is further amended ices with the standards described in such ALLOWANCES.—The Secretary shall determine by adding at the end the following: paragraph. the number, terms of service, and pay and al- ‘‘(k) SUNSET OF AUTHORITIES.—The author- (B) ELEMENTS.—The survey required by lowances of members of the Task Force ap- ity to award assistance and grants under this subparagraph (A) shall— pointed by the Secretary, except that a term section shall expire on the date that is 10 (i) include career fire departments, volun- of service of any such member may not ex- years after the date of the enactment of the teer fire departments, combination fire de- ceed 2 years. Fire Grants Reauthorization Act of 2012.’’. partments, and fire departments serving (3) RESPONSIBILITIES.—The Task Force SEC. 1805. SENSE OF CONGRESS ON VALUE AND communities of different sizes, and such shall— FUNDING OF ASSISTANCE TO FIRE- other distinguishing factors as the Adminis- (A) consult with the Secretary in the con- FIGHTERS AND STAFFING FOR ADE- trator considers relevant; duct of the study required by subsection QUATE FIRE AND EMERGENCY RE- (ii) employ methods to ensure that the sur- (b)(1); and SPONSE PROGRAMS. vey accurately reflects the actual rate of It is the sense of Congress that— (B) develop a plan to enhance firefighter compliance with the standards described in (1) the grants and assistance awarded safety by increasing fire service compliance paragraph (1) among fire services; and under sections 33 and 34 of the Federal Fire with the standards described in subsection (iii) determine the extent of barriers and Prevention and Control Act of 1974 (15 U.S.C. (b)(1), including by— challenges to achieving compliance with the 2229 and 2229a) have proven equally valuable (i) reviewing and evaluating the report re- standards described in paragraph (1) among in protecting the health and safety of the quired by subsection (b)(3)(A) to determine fire services. public and firefighting personnel throughout the extent of and barriers to achieving com- (C) AUTHORITY TO CARRY OUT SURVEY WITH the United States against fire and fire-re- pliance with the standards described in sub- NONPROFIT.—If the Administrator determines lated hazards; and section (b)(1) among fire services; and that it will reduce the costs incurred by the (2) providing parity in funding for the (ii) considering ways in which the Federal United States Fire Administration in car- awarding of grants and assistance under both Government, States, and local governments rying out the survey required by subpara- such sections will ensure that the grant and can promote or encourage fire services to graph (A), the Administrator may carry out assistance programs under such sections can comply with such standards. such survey in conjunction with a nonprofit continue to serve their complementary pur- (4) REPORT.— organization that has substantial expertise poses. (A) IN GENERAL.—Not later than 180 days and experience in the following areas: after the date on which the Secretary sub- SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- (i) The fire services. ANCE TO FIREFIGHTERS AND STAFF- mits the report required by subsection ING FOR ADEQUATE FIRE AND (ii) National voluntary consensus stand- (b)(3)(A), the Task Force shall submit to EMERGENCY RESPONSE PROGRAMS. ards. Congress and the Secretary a report on the (a) IN GENERAL.—Not later than September (iii) Contemporary survey methods. activities and findings of the Task Force. 30, 2016, the Comptroller General of the (3) REPORT ON FINDINGS OF STUDY.— (B) CONTENTS.—The report required by sub- United States shall submit to the Committee (A) IN GENERAL.—Not later than 2 years paragraph (A) shall include the following: on Homeland Security and Governmental Af- after the date of the enactment of this Act, (i) The findings and recommendations of fairs of the Senate and the Committee on the Administrator shall submit to Congress the Task Force with respect to the study Science and Technology of the House of Rep- a report on the findings of the Administrator carried out under subsection (b)(1). resentatives a report on the effect of the with respect to the study required by para- (ii) The plan developed under paragraph amendments made by this title. graph (1). (3)(B). (b) CONTENTS.—The report required by sub- (B) CONTENTS.—The report required by sub- (d) STUDY AND REPORT ON THE NEEDS OF section (a) shall include the following: paragraph (A) shall include the following: FIRE SERVICES.— (1) An assessment of the effect of the (i) An accurate description, based on the (1) STUDY.—The Administrator shall con- amendments made by sections 1803 and 1804 results of the survey required by paragraph duct a study—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7084 CONGRESSIONAL RECORD — SENATE November 28, 2012 (A) to define the current roles and activi- ‘‘(M) $76,490,890 for fiscal year 2017, of ness Systems (PE 0604425F) for System De- ties associated with fire services on a na- which $2,753,672 shall be used to carry out velopment and Demonstration as specified in tional, State, regional, and local level; section 8(f).’’; and the funding table in section 4201, $3,000,000 (B) to identify the equipment, staffing, and (4) in subparagraphs (E) through (H), by may be obligated and expended for a new training required to fulfill the roles and ac- moving each margin 2 ems to the left. program for the relocation and research and tivities defined under subparagraph (A); SEC. 1815. REMOVAL OF LIMITATION. development activities to enhance Space Sit- (C) to conduct an assessment to identify Section 9(d) of the Federal Fire Prevention uational Awareness capabilities through— gaps between what fire services currently and Control Act of 1974 (15 U.S.C. 2208(d)) is (1) the repurposing of the C–Band Radar at possess and what they require to meet the amended— Antigua; equipment, staffing, and training needs iden- (1) by striking ‘‘UPDATE.—’’ and all that (2) the relocation of that radar to the H.E. tified under subparagraph (B) on a national follows through ‘‘The Administrator’’ and in- Holt Station in Western Australia; and State-by-State basis; and serting ‘‘UPDATE.—The Administrator’’; and (3) upgrades of the hardware and software (D) to measure the impact of the grant and (2) by striking paragraph (2). of that radar to meet Space Situational assistance program under section 33 of the Awareness mission needs; Federal Fire Prevention and Control Act of SA 3091. Mr. MCCAIN submitted an (4) operational testing of that radar; and 1974 (15 U.S.C. 2229) in meeting the needs of amendment intended to be proposed by (5) transfer of jurisdiction of that radar to fire services and filling the gaps identified the Air Force Space Command for operations under subparagraph (C). him to the bill S. 3254, to authorize ap- and sustainment by September 30, 2016. propriations for fiscal year 2013 for (2) REPORT.—Not later than 2 years after SEC. 217. DETAILED DIGITAL RADIO FREQUENCY the date of the enactment of this title, the military activities of the Department MODULATION COUNTERMEASURES Administrator shall submit to Congress a re- of Defense, for military construction, STUDIES AND SIMULATIONS. port on the findings of the Administrator and for defense activities of the De- (a) ADDITIONAL AMOUNT FOR RDT&E, with respect to the study conducted under partment of Energy, to prescribe mili- ARMY.—The amount authorized to be appro- paragraph (1). tary personnel strengths for such fiscal priated for fiscal year 2013 by section 201 is (e) AUTHORIZATION OF APPROPRIATIONS.— year, and for other purposes; which was hereby increased by $38,000,000, with the amount of the increase to be available for There are authorized to be appropriated to ordered to lie on the table; as follows: the Administrator to carry out this section— amounts authorized to be appropriated by (1) $600,000 for fiscal year 2013; and At the end of subtitle C of title I, add the that section and available for research, de- (2) $600,000 for fiscal year 2014. following: velopment, test, and evaluation, Army, for SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARD- system development and demonstration (PE Subtitle B—Reauthorization of United States WARE. Fire Administration 0605457A) Army Integrated Air and Missile (a) ADDITIONAL AMOUNT FOR OTHER PRO- Defense (AIAMD), as specified in the funding SEC. 1811. SHORT TITLE. CUREMENT, NAVY.—The amount authorized to table in section 4201. This subtitle may be cited as the ‘‘United be appropriated for fiscal year 2013 by sec- (b) AVAILABILITY OF AMOUNT.—To the ex- States Fire Administration Reauthorization tion 101 is hereby increased by $2,000,000, tent provided in appropriations Acts, the Act of 2012’’. with the amount of the increase to be avail- amount authorized and made available by SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- able for amounts authorized to be appro- subsection (a) may be obligated and ex- TWEEN UNITED STATES FIRE AD- priated by that section and available for pended for a new program to conduct de- MINISTRATION AND FEDERAL EMER- other procurement, Navy, Satellite Commu- tailed digital radio frequency modulation GENCY MANAGEMENT AGENCY. nications, line 085, Satellite Communica- (DRFM) countermeasures studies and sim- Section 5(c) of the Federal Fire Prevention tions Systems, as specified in the funding ulations to develop algorithms to address and Control Act of 1974 (15 U.S.C. 2204) is table in section 4101. this threat change in support of the acceler- amended to read as follows: (b) AVAILABILITY OF AMOUNT.—To the ex- ated fielding of a new capability in Patriot, ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- tent provided in appropriations Acts, the Sentinel, and Integrated Air and Missile De- istrator may appoint a Deputy Adminis- amount authorized and made available by fense (IAMD) for the requirements of the trator, who shall— subsection (a) may be obligated and ex- commanders of the combatant commands. ‘‘(1) perform such functions as the Admin- pended for a new program to procure At the end of subtitle A of title X, add the istrator shall from time to time assign or SPIDERNet/Spectral Warrior Hardware and following: delegate; and installation in order to provide a cloud net- SEC. 1005. TRANSFER OF CERTAIN FISCAL YEAR ‘‘(2) act as Administrator during the ab- work for Spectral Warrior terminals in sup- 2012 AND 2013 FUNDS. sence or disability of the Administrator or in port of requirements of the commanders of (a) TRANSFER AUTHORIZED.—To the extent the event of a vacancy in the office of Ad- the combatant commands. provided in appropriations Acts, the Sec- ministrator.’’. At the end of subtitle E of title I, add the retary of Defense may transfer from fiscal following: SEC. 1813. MODIFICATION OF AUTHORITY OF AD- year 2012 and 2013 procurement or research, MINISTRATOR TO EDUCATE PUBLIC SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL development, test, and evaluation accounts ABOUT FIRE AND FIRE PREVENTION. AND INFRARED SENSORS. an aggregate of $46,000,000 to be available for Section 6 of the Federal Fire Prevention (a) ADDITIONAL AMOUNT FOR PROCUREMENT, the additional authorizations in sections 132, and Control Act of 1974 (15 U.S.C. 2205) is DEFENSE-WIDE.—The amount authorized to 154, and 217. be appropriated for fiscal year 2013 by sec- amended by striking ‘‘to take all steps’’ and (b) COVERED FUNDS.—In subsection (a), the all that follows through ‘‘fire and fire pre- tion 101 is hereby increased by $6,000,000, term ‘‘fiscal year 2012 and 2013 procurement vention.’’ and inserting ‘‘to take such steps with the amount of the increase to be avail- or research, development, test, and evalua- as the Administrator considers appropriate able for amounts authorized to be appro- tion accounts’’ means— to educate the public and overcome public priated by that section and available for pro- (1) amounts authorized to be appropriated indifference as to fire, fire prevention, and curement, Defense-wide, other procurement for fiscal year 2012 by sections 101 and 201 of individual preparedness.’’. programs, line 079, Combat mission require- the National Defense Authorization Act for ments, as specified in the funding table in SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. Fiscal Year 2012 (Public Law 112–81) and section 4101. Section 17(g)(1) of the Federal Fire Preven- available as specified in the funding tables in (b) AVAILABILITY OF AMOUNT.—To the ex- tion and Control Act of 1974 (15 U.S.C. sections 4101 and 4201 of that Act; and tent provided in appropriations Acts, the (2) amounts authorized to be appropriated 2216(g)(1)) is amended— amount authorized and made available by (1) in subparagraph (G), by striking ‘‘and’’ for fiscal year 2013 by sections 101 and 201 of subsection (a) may be obligated and ex- this Act and available as specified in the at the end; pended for a new program to procure color (2) in subparagraph (H), by striking the pe- funding tables in sections 4101 and 4201 of electro-optical and infrared imaging sensors this Act. riod at the end and inserting a semicolon; for AC–130 aircraft used by the United States (c) EFFECT ON AUTHORIZATION AMOUNTS.—A (3) by adding after subparagraph (H) the Special Operations Command in ongoing following: transfer made from one account to another contingency operations. under the authority of this section shall be ‘‘(I) $76,490,890 for fiscal year 2013, of which At the end of subtitle B of title II, add the deemed to change the amount authorized for $2,753,672 shall be used to carry out section following: 8(f); the account to which the amount is trans- SEC. 216. RELOCATION OF C–BAND RADAR FROM ferred by an amount equal to the amount ‘‘(J) $76,490,890 for fiscal year 2014, of which ANTIGUA TO H.E. HOLT STATION IN $2,753,672 shall be used to carry out section WESTERN AUSTRALIA TO ENHANCE transferred. 8(f); SPACE SITUATIONAL AWARENESS (d) CONSTRUCTION OF AUTHORITY.—The ‘‘(K) $76,490,890 for fiscal year 2015, of which CAPABILITIES. transfer authority in this section is in addi- $2,753,672 shall be used to carry out section To the extent provided in appropriations tion to any other transfer authority provided 8(f); Acts, of the amounts authorized to be appro- in this Act. ‘‘(L) $76,490,890 for fiscal year 2016, of which priated for fiscal year 2013 by section 201 and $2,753,672 shall be used to carry out section available for research, development, test, SA 3092. Mr. RISCH submitted an 8(f); and and evaluation for Space Situation Aware- amendment intended to be proposed by

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7085 him to the bill S. 3254, to authorize ap- of State considers the countries detaining sional committees a report on the modifica- propriations for fiscal year 2013 for the individuals listed under subparagraph (A) tion. If the modification consists of the se- military activities of the Department as fully cooperating with United States lection for the program of a country not pre- of Defense, for military construction, antiterrorism efforts. viously selected for the program, the report (b) SENSE OF CONGRESS.—It is the sense of shall include the matters specified in sub- and for defense activities of the De- Congress that— section (c)(1) for the country. partment of Energy, to prescribe mili- (1) any country that fails to allow imme- ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- tary personnel strengths for such fiscal diate and full access to the Federal Bureau TEES DEFINED.—In this section, the term ‘ap- year, and for other purposes; which was of Investigations to interview the individuals propriate congressional committees’ ordered to lie on the table; as follows: listed in the report submitted under sub- means— At the end of subtitle F of title X, add the section (a) does not meet the threshold of ‘‘(1) the congressional defense committees; following: fully cooperating with United States ‘‘(2) the Select Committee on Intelligence antiterrorism efforts; and and the Committee on Foreign Relations of SEC. 1064. REPORT ON MILITARY ASSETS IN PROXIMITY OF BENGHAZI, LIBYA, ON (2) the Secretary of State shall weigh this the Senate; and SEPTEMBER 11, 2011. factor heavily when determining for pur- ‘‘(3) the Permanent Select Committee on (a) REPORT REQUIRED.—Not later than 30 poses of section 40(d) of the Arms Export Intelligence and the Committee on Foreign days after the date of the enactment of this Control Act (22 U.S.C. 2780(d)) whether a Affairs of the House of Representatives.’’. Act, the Secretary of Defense shall submit to country has repeatedly provided support for (2) CLERICAL AMENDMENT.—The table of the appropriate congressional committees a acts of international terrorism and is prohib- contents in section 4001(b) of such Act (divi- report outlining all United States and North ited from certain arms transactions. sion D of Public Law 107–314) is amended by Atlantic Treaty Organization (NATO) mili- inserting after the item relating to section tary armed and unarmed assets within 7 SA 3094. Mr. RISCH submitted an 4308 the following new item: hours travel time of Benghazi, Libya, on amendment intended to be proposed by ‘‘Sec. 4309. Program on scientific engage- September 11, 2012, that could have arrived him to the bill S. 3254, to authorize ap- ment for nonproliferation.’’. within 7 hours of notification. propriations for fiscal year 2013 for (b) REPORT ON COORDINATION WITH OTHER (b) FORM.—The report required under sub- military activities of the Department UNITED STATES NONPROLIFERATION PRO- section (a) shall be submitted in unclassified of Defense, for military construction, GRAMS.—Not later than 180 days after the form, but may include a classified annex. and for defense activities of the De- date of the enactment of this Act, the Ad- (c) APPROPRIATE CONGRESSIONAL COMMIT- partment of Energy, to prescribe mili- ministrator of the National Nuclear Security TEES DEFINED.—In this section, the term Administration shall submit to the appro- ‘‘appropriate congressional committees’’ tary personnel strengths for such fiscal priate congressional committees a report de- means— year, and for other purposes; which was scribing the manner in which the program on (1) the congressional defense committees; ordered to lie on the table; as follows: scientific engagement for nonproliferation (2) the Committee on Foreign Relations Strike section 3114 and insert the fol- under section 4309 of the Atomic Energy De- and the Committee on Intelligence of the lowing: fense Act (as added by subsection (a)) coordi- Senate; and SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- nates with and complements, but does not (3) the Committee on Foreign Affairs and MENT FOR NONPROLIFERATION. duplicate, other nonproliferation programs the Permanent Select Committee on Intel- (a) PROGRAM REQUIRED.— of the United States Government. ligence of the House of Representatives. (1) IN GENERAL.—Title XLIII of the Atomic (c) COMPTROLLER GENERAL OF THE UNITED Energy Defense Act (50 U.S.C. 2562 et seq.) is STATES REPORT.—Not later than two years SA 3093. Mr. RISCH submitted an amended by adding at the end the following after the date of the enactment of this Act, amendment intended to be proposed by new section: the Comptroller General of the United States him to the bill S. 3254, to authorize ap- ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- shall submit to the appropriate congres- propriations for fiscal year 2013 for MENT FOR NONPROLIFERATION. sional committees a report on the program military activities of the Department ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- on scientific engagement for nonprolifera- of Defense, for military construction, retary of Energy shall, acting through the tion under section 4309 of the Atomic Energy Administrator of the National Nuclear Secu- Defense Act (as so added). The report shall and for defense activities of the De- rity Administration, carry out a program on include an assessment by the Comptroller partment of Energy, to prescribe mili- scientific engagement in countries selected General of the success of the program, as de- tary personnel strengths for such fiscal by the Secretary for purposes of the program termined in accordance with the metrics for year, and for other purposes; which was in order to advance global nonproliferation evaluating the success of the program under ordered to lie on the table; as follows: and nuclear security efforts. subsection (c)(1)(B) of such section 4309, and At the end of subtitle C of title XII, add ‘‘(2) The program required by this section such other matters on the program as the the following: shall be a distinct program from the Global Comptroller General considers appropriate. Initiatives for Proliferation Prevention pro- (d) APPROPRIATE CONGRESSIONAL COMMIT- SEC. 1233. REPORT ON INDIVIDUALS DETAINED TEES DEFINED.—In this section, the term BY FOREIGN COUNTRIES WITH IN- gram. FORMATION USEFUL TO INVESTIGA- ‘‘(b) ELEMENTS.—The program shall include ‘‘appropriate congressional committees’’ TION OF TERRORIST ATTACKS ON the elements as follows: means— UNITED STATES INTERESTS IN ‘‘(1) Training and capacity-building to (1) the congressional defense committees; BENGHAZI, LIBYA. strengthen nonproliferation and security (2) the Select Committee on Intelligence (a) REPORT REQUIRED.— best practices. and the Committee on Foreign Relations of (1) IN GENERAL.—Not later than 15 days and ‘‘(2) Engagement of United States sci- the Senate; and 180 days after the date of the enactment of entists with foreign counterparts to advance (3) the Permanent Select Committee on In- this Act, the Attorney General and the Sec- nonproliferation goals. telligence and the Committee on Foreign Af- retary of State shall jointly submit to Con- ‘‘(c) REPORT ON COMMENCEMENT OF PRO- fairs of the House of Representatives. gress a report listing individuals currently in GRAM.—Funds may not be expended under the custody of another country who would be the program required by this section until SA 3095. Mrs. HAGAN (for herself, useful for the Federal Bureau of Investiga- the Administrator submits to the appro- Mr. JOHNSON of South Dakota, Mrs. tions to interview, or whom the Federal Bu- priate congressional committees a report MURRAY, and Mr. UDALL of Colorado) reau of Investigations has already inter- setting forth the following: submitted an amendment intended to viewed, in conjunction with its investigation ‘‘(1) For each country selected for the pro- be proposed by her to the bill S. 3254, to into the September 11, 2012, terrorist attacks gram as of the date of such report— authorize appropriations for fiscal year on United States interests in Benghazi, ‘‘(A) a proliferation threat assessment pre- Libya. pared by the Director of National Intel- 2013 for military activities of the De- (2) CONTENT.—The report required under ligence; and partment of Defense, for military con- paragraph (1) shall include, at a minimum, ‘‘(B) metrics for evaluating the success of struction, and for defense activities of the following elements: the program. the Department of Energy, to prescribe (A) A list— ‘‘(2) Accounting standards for the conduct military personnel strengths for such (i) including the name of each individual; of the program approved by the Comptroller fiscal year, and for other purposes; (ii) indicating the country where he or she General of the United States. which was ordered to lie on the table; is being detained; and ‘‘(d) REPORTS ON MODIFICATION OF PRO- as follows: (iii) describing whether that country has GRAM.—Before making any modification in granted the Federal Bureau of Investigations the program (whether selecting a new coun- Strike section 2823. access to interview the individual, and de- try for the program, ceasing the selection of scribing the access provided. a country for the program, or modifying an SA 3096. Mr. MERKLEY (for himself, (B) An addendum prepared by the Sec- element of the program), the Administrator Mr. PAUL, and Mr. MANCHIN) submitted retary of State detailing if the Department shall submit to the appropriate congres- an amendment intended to be proposed

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7086 CONGRESSIONAL RECORD — SENATE November 28, 2012 by him to the bill S. 3254, to authorize final audit report submitted to the establish- BAUCUS) submitted an amendment in- appropriations for fiscal year 2013 for ment by an Inspector General under section tended to be proposed by her to the bill military activities of the Department 5 of the Inspector General Act of 1978 (5 S. 3254, to authorize appropriations for of Defense, for military construction, U.S.C. App.) or 30 days after the establish- fiscal year 2013 for military activities ment responds to a covered audit report with and for defense activities of the De- a non-concur or partial concur response, the of the Department of Defense, for mili- partment of Energy, to prescribe mili- head of the establishment shall submit to tary construction, and for defense ac- tary personnel strengths for such fiscal Congress a report with an explanation for tivities of the Department of Energy, year, and for other purposes; which was the failure to respond or the non-concur or to prescribe military personnel ordered to lie on the table; as follows: partial concur response. strengths for such fiscal year, and for At the end of subtitle B of title XII, add (b) DEFINITIONS.—In this section: other purposes; as follows: (1) The term ‘‘covered final audit report’’ the following: At the end of title VII, add the following: means a final audit report issued by an In- SEC. 1221. COMPLETION OF ACCELERATED TRAN- Subtitle E—Mental Health Care Matters SITION OF UNITED STATES COMBAT spector General under the Inspector General AND MILITARY AND SECURITY OP- Act of 1978 that includes a recommendation SEC. 751. ENHANCEMENT OF OVERSIGHT AND ERATIONS TO THE GOVERNMENT OF for an establishment to seek reimbursement MANAGEMENT OF DEPARTMENT OF AFGHANISTAN. for failure by a contractor or subcontractor DEFENSE SUICIDE PREVENTION AND RESILIENCE PROGRAMS. (a) SENSE OF CONGRESS.—It is the sense of to successfully complete a construction con- (a) IN GENERAL.—The Secretary of Defense Congress that the President shall, in coordi- tract in Afghanistan due to poor contractor shall, acting through the Under Secretary of nation with the Government of Afghanistan, performance, cost-overruns, or other reasons Defense for Personnel and Readiness, estab- North Atlantic Treaty Organization (NATO) that would, if implemented, result in at least lish within the Office of the Secretary of De- member countries, and other allies in Af- $2,000,000 in savings. fense a position with responsibility for over- ghanistan, seek to— (2) The terms ‘‘establishment’’ and ‘‘head sight and management of all suicide preven- (1) undertake all appropriate activities to of the establishment’’ have the meanings tion and resilience programs and all prevent- accomplish the President’s stated goal of given such terms in section 11 of the Inspec- ative behavioral health programs of the De- transitioning the lead responsibility for se- tor General Act of 1978. curity to the Government of Afghanistan by partment of Defense (including those of the mid-summer 2013; SA 3098. Mrs. SHAHEEN (for herself military departments and the Armed Forces). (2) as part of accomplishing this transition and Ms. AYOTTE) submitted an amend- of the lead responsibility for security to the (b) SCOPE OF RESPONSIBILITIES.—The indi- ment intended to be proposed by her to vidual serving in the position established Government of Afghanistan, draw down the bill S. 3254, to authorize appropria- United States troops to the minimum level pursuant to subsection (a) shall have the re- required to meet this goal; tions for fiscal year 2013 for military sponsibilities as follows: (3) as previously announced by the Presi- activities of the Department of De- (1) To establish a uniform definition of re- dent, continue to draw down United States fense, for military construction, and siliency for use in the suicide prevention and troop levels at a steady pace through the end for defense activities of the Depart- resilience programs and preventative behav- of 2014; and ment of Energy, to prescribe military ioral health programs of the Department of Defense (including those of the military de- (4) end all regular combat operations by personnel strengths for such fiscal United States troops by not later than De- partments and the Armed Forces). year, and for other purposes; which was (2) In consultation with the National Cen- cember 31, 2014, and take all possible steps to ordered to lie on the table; as follows: end such operations at the earliest date con- ter for Post Traumatic Stress Disorder of the sistent with a safe and orderly draw down of At the end of subtitle E of title VIII, add Department of Veterans Affairs and other United States troops in Afghanistan. the following: appropriate public and private agencies and (b) RULE OF CONSTRUCTION.—Nothing in SEC. 888. REPORT BY THE SUSPENSION AND DE- entities, to require the use of clinical best this section shall be construed to limit or BARMENT OFFICIALS OF THE MILI- practices in mental health care, suicide pre- prohibit any authority of the President— TARY DEPARTMENTS AND THE DE- vention programs, and resilience programs of FENSE LOGISTICS AGENCY. (1) to modify the military strategy, tac- the Department of Defense, including the di- (a) REPORT REQUIRED.—Not later than 60 tics, and operations of United States Armed agnosis and treatment of behavioral health days after the date of the enactment of this Forces as such Armed Forces redeploy from disorders. Act, the suspension and debarment official of Afghanistan; (3) To oversee and manage the comprehen- each agency specified in subsection (b) shall (2) to authorize United States forces in Af- sive program on the prevention of suicide submit to the congressional defense commit- ghanistan to defend themselves whenever among members of the Armed Forces re- tees a report on the suspension and debar- they may be threatened; quired by section 752. ment activities of such official containing (3) to attack Al Qaeda forces wherever such SEC. 752. COMPREHENSIVE PROGRAM ON PRE- the information specified in subsection (c). forces are located; VENTION OF SUICIDE AMONG MEM- (b) COVERED AGENCIES.—The agencies spec- (4) to provide financial support and equip- BERS OF THE ARMED FORCES. ified in this subsection are the following: (a) COMPREHENSIVE PROGRAM REQUIRED.— ment to the Government of Afghanistan for (1) The Department of the Army. The Secretary of Defense shall, acting the training and supply of Afghanistan mili- (2) The Department of the Navy. through the Under Secretary of Defense for tary and security forces; or (3) The Department of the Air Force. Personnel and Readiness, develop and imple- (5) to gather, provide, and share intel- (4) The Defense Logistics Agency. ment within the Department of Defense a ligence with United States allies operating (c) COVERED INFORMATION.—The informa- comprehensive program on the prevention of in Afghanistan and Pakistan. tion specified in this subsection to be in- suicide among members of the Armed SA 3097. Mrs. SHAHEEN submitted cluded in the report of a suspension and de- Forces. In developing the program, the Sec- barment official under subsection (a) is the an amendment intended to be proposed retary shall consider recommendations from following: the operational elements of the Armed by her to the bill S. 3254, to authorize (1) The number of open suspension and de- Forces regarding the feasibility of the imple- appropriations for fiscal year 2013 for barment cases of such official as of the date mentation and execution of particular ele- military activities of the Department of such report. ments of the program. of Defense, for military construction, (2) The current average processing time for (b) ELEMENTS.—The comprehensive pro- and for defense activities of the De- suspension and debarment cases. gram required by subsection (a) shall include partment of Energy, to prescribe mili- (3) The target goal of such official for aver- elements to achieve the following: tary personnel strengths for such fiscal age processing time for suspension and de- (1) To raise awareness among members of barment proposals. year, and for other purposes; which was the Armed Forces about mental health con- (4) If the average time required for such of- ditions and the stigma associated with men- ordered to lie on the table; as follows: ficial to process suspension and debarment tal health conditions and mental health At the end of subtitle H of title X, add the proposals is more than twice the target goal care. following: specified under paragraph (3)— (2) To provide members of the Armed SEC. 1084. REPORTS BY FEDERAL AGENCIES (A) an explanation why the average time Forces generally, members of the Armed WITH CONSTRUCTION CONTRACTS exceeds the target goal by more than twice Forces in supervisory positions (including of- IN AFGHANISTAN THAT DO NOT the target goal; and ficers in command billets and non-commis- COMPLY WITH INSPECTOR GENERAL (B) a description of the actions to be taken RECOMMENDATIONS ON REIM- sioned officers), and medical personnel of the BURSEMENT FOR POOR CON- by such official to ensure that the average Armed Forces and the Department of De- TRACTOR PERFORMANCE, COST processing time for suspension and debar- fense with effective means of identifying OVERRUNS, OR OTHER REASONS. ment proposals meets the target goal. members of the Armed Forces who are at (a) IN GENERAL.—Not later than 30 days risk for suicide (including enhanced means after the end of the 60-day period for an au- SA 3099. Mrs. MURRAY (for herself, for early identification and treatment of dited establishment to respond to a covered Ms. MIKULSKI, Mr. DURBIN, and Mr. such members).

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SHARING BETWEEN DEPARTMENT OF (4) To evaluate and assess the effectiveness (b) OBJECTIVES.—The objectives of the DEFENSE AND DEPARTMENT OF of the suicide prevention and resilience pro- quality assurance program shall be as fol- VETERANS AFFAIRS OF RECORDS grams and preventative behavioral health lows: AND INFORMATION RETAINED programs of the Department of Defense (in- (1) To ensure accuracy and consistency in UNDER THE MEDICAL TRACKING SYSTEM FOR MEMBERS OF THE cluding those of the military departments the determinations and decisions of Medical Evaluation Boards and Physical Evaluation ARMED FORCES DEPLOYED OVER- and the Armed Forces), including the devel- SEAS. Boards. opment of metrics for that purpose. (a) IN GENERAL.—The Secretary of Defense (5) To evaluate and assess the current diag- (2) To otherwise monitor and sustain prop- and the Secretary of Veterans Affairs shall nostic tools and treatment methods in the er performance of the duties of Medical Eval- jointly enter into a memorandum of under- programs referred to in paragraph (4) in uation Boards and Physical Evaluation standing providing for the sharing by the De- order to ensure clinical best practices are Boards, and of Physical Evaluation Board Li- partment of Defense with the Department of used in such programs. aison Officers. Veterans Affairs of the results of examina- (6) To ensure that the programs referred to (3) Such other objectives as the Secretary tions and other records on members of the in paragraph (4) incorporate evidenced-based shall specify for purposes of the quality as- Armed Forces that are retained and main- practices when available. surance program. tained with respect to the medical tracking (c) REPORTS.— (7) To provide for the training of mental system for members deployed overseas under (1) REPORT ON IMPLEMENTATION.—Not later health care providers on evidence-based section 1074f(c) of title 10, United States than 180 days after the date of the enactment therapies in connection with suicide preven- Code. of this Act, the Secretary shall submit to the tion. (b) CESSATION UPON IMPLEMENTATION OF appropriate committees of Congress a report (8) To establish training standards for be- ELECTRONIC HEALTH RECORD.—The sharing setting forth the plan of the Secretary for havioral health care providers in order to en- required pursuant to subsection (a) shall the implementation of the requirements of sure that such providers receive training on cease on the date on which the Secretary of this section. clinical best practices and evidence-based Defense and the Secretary of Veterans Af- (2) ANNUAL REPORTS.—Not later than one treatments as information on such practices fairs jointly certify to Congress that the Sec- year after the date of the submittal of the retaries have fully implemented an inte- and treatments becomes available, and to report required by paragraph (1), and annu- grated electronic health record for members ensure such standards are met. ally thereafter for the next four years, the of the Armed Forces that is fully interoper- (9) To provide for the integration of mental Secretary shall submit to the appropriate able between the Department of Defense and health screenings and suicide risk and pre- committees of Congress a report setting the Department of Veterans Affairs. vention for members of the Armed Forces forth an assessment of the implementation into the delivery of primary care for such of the requirements of this section during SEC. 756. PARTICIPATION OF MEMBERS OF THE members. ARMED FORCES IN PEER SUPPORT the one-year period ending on the date of the COUNSELING PROGRAMS OF THE (10) To ensure appropriate responses to at- report under this paragraph. Each report tempted or completed suicides among mem- DEPARTMENT OF VETERANS AF- shall include, in particular, an assessment of FAIRS. bers of the Armed Forces, including guidance the extent to which the quality assurance (a) PARTICIPATION.— and training to assist commanders in ad- program under the requirements of this sec- (1) IN GENERAL.—The Secretary of Defense dressing incidents of attempted or completed tion meets the objectives specified in sub- and the Secretary of Veterans Affairs shall suicide within their units. section (b). jointly enter into a memorandum of under- (11) To ensure the protection of the privacy (3) APPROPRIATE COMMITTEES OF CONGRESS standing providing for members of the of members of the Armed Forces seeking or DEFINED.—In this subsection, the term ‘‘ap- Armed Forces described in subsection (b) to receiving treatment relating to suicide. propriate committees of Congress’’ means— volunteer or be considered for employment (12) Such other matters as the Secretary of (A) the Committee on Armed Services and as peer counselors under the following: Defense considers appropriate in connection the Committee on Veterans’ Affairs of the (A) The peer support counseling program with the prevention of suicide among mem- Senate; and carried out by the Secretary of Veterans Af- bers of the Armed Forces. (B) the Committee on Armed Services and fairs under subsection (j) of section 1720F of (c) CONSULTATION.—In developing and im- the Committee on Veterans’ Affairs of the title 38, United States Code, as part of the plementing the comprehensive program re- House of Representatives. comprehensive program for suicide preven- quired by subsection (a), the Under Sec- retary shall consult with appropriate offi- SEC. 754. ASSESSMENT OF ADEQUACY OF MEN- tion among veterans under subsection (a) of TAL HEALTH CARE BENEFITS such section. cials and elements of the Department of De- UNDER THE TRICARE PROGRAM. fense, appropriate centers of excellence with- (B) The peer support counseling program (a) INDEPENDENT ASSESSMENT REQUIRED.— carried out by the Secretary of Veterans Af- in the Department of Defense, and other pub- Not later than 180 days after the date of the lic and private entities with expertise in fairs under section 304(a)(1) of the Caregivers enactment of this Act, the Secretary of De- and Veterans Omnibus Health Services Act mental health and suicide prevention. fense shall, in consultation with the Sec- (d) IMPLEMENTATION BY THE ARMED of 2010 (Public Law 111–163; 124 Stat. 1150; 38 retary of Health and Human Services, enter U.S.C. 1712A note). FORCES.—In implementing the comprehen- into a contract with an appropriate inde- (2) TRAINING.—Any member participating sive program required by subsection (a) with pendent entity to assess whether the mental respect to an Armed Force, the Secretary of in a peer support counseling program under health care benefits available for members of paragraph (1) shall receive the training for the military department concerned may, in the Armed Forces and other covered bene- peer counselors under section 1720F(j)(2) of consultation with the Under Secretary and ficiaries under the TRICARE program are title 38, United States Code, or section 304(c) with the approval of the Secretary of De- adequate to meet the needs of such members of the Caregivers and Veterans Omnibus fense, modify particular elements of the pro- and beneficiaries for mental health care. Health Services Act of 2010, as applicable, be- gram in order to adapt the program appro- (b) REPORT.—The contract required by sub- priately to the unique culture and elements section (a) shall require the entity con- fore performing peer support counseling du- of that Armed Force. ducting the assessment required by the con- ties under such program. (e) QUALITY ASSURANCE.—In developing and tract to submit to the Secretary of Defense, (b) COVERED MEMBERS.—Members of the implementing the comprehensive program and to the congressional defense commit- Armed Forces described in this subsection required by subsection (a), the Under Sec- tees, a report setting forth the results of the are the following: retary shall develop and implement appro- assessment by not later than 180 days after (1) Members of the reserve components of priate mechanisms to provide for the over- the date of entry into the contract. If the en- the Armed Forces who are demobilizing after sight and management of the program, in- tity determines pursuant to the assessment deployment in a theater of combat oper- cluding quality measures to assess the effi- that the mental health care benefits avail- ations, including, in particular, members cacy of the program in preventing suicide able for members of the Armed Forces and who participated in combat against the among members of the Armed Forces. other covered beneficiaries under the enemy while so deployed. SEC. 753. QUALITY REVIEW OF MEDICAL EVALUA- TRICARE program are not adequate to meet (2) Members of the regular components of TION BOARDS, PHYSICAL EVALUA- the needs of such members and beneficiaries the Armed Forces separating from active TION BOARDS, AND PHYSICAL EVAL- for mental health care, the report shall in- duty who have been deployed in a theater of UATION BOARD LIAISON OFFICERS. clude such recommendations for legislative combat operations in which such members (a) IN GENERAL.—The Secretary of Defense or administrative action as the entity con- participated in combat against the enemy. shall standardize, assess, and monitor the siders appropriate to remediate any identi- SEC. 757. RESEARCH AND MEDICAL PRACTICE ON quality assurance programs of the military fied inadequacy. MENTAL HEALTH CONDITIONS. departments to evaluate the following in the (c) DEFINITIONS.—In this section: (a) DEPARTMENT OF DEFENSE ORGANIZATION performance of their duties (including duties (1) The term ‘‘covered beneficiaries’’ has ON RESEARCH AND PRACTICE.—The Secretary under chapter 61 of title 10, United States the meaning given that term in section of Defense shall establish within the Depart- Code): 1072(5) of title 10, United States Code. ment of Defense an organization to carry out

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the responsibilities specified in subsection (2) ELEMENTS.—The measures developed such care, through contract arrangements (b). and implemented under paragraph (1) shall under existing law); and (b) RESPONSIBILITIES.—The organization es- provide an accurate and comprehensive as- (ii) to improve the effectiveness and effi- tablished under subsection (a) shall— sessment of the following: ciency of mental health services furnished by (1) carry out programs and activities de- (A) The timeliness of the furnishing of the Secretary. signed to provide for the translation of re- mental health care by the Department. (3) PARTICIPATION BY FORMER OFFICIALS AND search on the diagnosis and treatment of (B) The satisfaction of patients who re- EMPLOYEES OF VETERANS HEALTH ADMINISTRA- mental health conditions into policy on med- ceive mental health care services furnished TION.—The Secretary shall ensure that any ical practices; by the Department. contract entered into under paragraph (1) (2) make recommendations to the Assist- (C) The capacity of the Department to fur- provides for inclusion on any subcommittee ant Secretary of Defense for Health Affairs nish mental health care. which participates in conducting the assess- on the translation of such research into the (D) The availability and furnishing of evi- ments and formulating the recommendations policies of the Department of Defense on dence-based therapies by the Department. provided for in paragraph (2) at least one medical practices with respect to members (b) GUIDELINES FOR STAFFING MENTAL former official of the Veterans Health Ad- of the Armed Forces; and HEALTH CARE SERVICES.—Not later than De- ministration and at least two former em- (3) discharge such other responsibilities re- cember 31, 2013, the Secretary shall develop ployees of the Veterans Health Administra- lating to research and medical practices on and implement guidelines for the staffing of tion who were providers of mental health mental health conditions, and the policies of general and specialty mental health care care. the Department on such practices with re- services, including at community-based out- (4) PERIODIC REPORTS TO SECRETARY.—In spect to members of the Armed Forces, as patient clinics. Such guidelines shall include entering into the contract described in para- the Secretary or the Assistant Secretary productivity standards for providers of men- graph (1), the Secretary shall, with respect shall specify for purposes of this section. tal health care. to paragraph (1)(A), include in such contract (c) REPORTS.— (c) STUDY COMMITTEE.— a provision for the submittal to the Sec- (1) INITIAL REPORT.—Not later than 120 (1) IN GENERAL.—The Secretary shall seek retary of periodic reports and provision of days after the date of the enactment of this to enter into a contract with the National other consultation to the Secretary by the Act, the Secretary shall submit to Congress Academy of Sciences to create a study com- study committee to assist the Secretary in a report on the organization required by sub- mittee— carrying out subsections (a) and (b). section (a). The report shall include a de- (A) to consult with the Secretary on the (5) REPORTS TO CONGRESS.—Not later than scription of the organization and a plan for Secretary’s development and implementa- 30 days after receiving a report under para- implementing the requirements of this sec- tion of the measures and guidelines required graph (4), the Secretary shall submit to the tion. by subsections (a) and (b); and Committee on Veterans’ Affairs of the Sen- (B) to conduct an assessment and provide (2) ANNUAL REPORTS.—The Secretary shall ate and the Committee on Veterans’ Affairs submit to Congress each year a report on the an analysis and recommendations on the of the House of Representatives a report on activities of the organization established state of Department mental health services. the plans of the Secretary to implement such (2) FUNCTIONS.—In entering into the con- under subsection (a) during the preceding recommendations submitted to the Sec- tract described in paragraph (1), the Sec- year. Each report shall include the following: retary by the study committee as the Sec- retary shall, with respect to paragraph (A) A summary description of the activi- retary considers appropriate. Such report (1)(B), include in such contract a provision ties of the organization during the preceding shall include a description of each rec- for the study committee— year. ommendation submitted to the Secretary (A) to conduct a comprehensive assessment (B) A description of the recommendations that the Secretary does not plan to carry out of barriers to access to mental health care made by the organization to the Assistant and an explanation of why the Secretary by veterans who served in the Armed Forces Secretary under subsection (b)(2) during the does not plan to carry out such recommenda- in Operation Enduring Freedom, Operation year, and a description of the actions under- tion. Iraqi Freedom, or Operation New Dawn; taken (or to be undertaken) by the Assistant (d) PUBLICATION.— (B) to assess the quality of the mental Secretary in response to such recommenda- (1) IN GENERAL.—The Secretary shall make health care being provided to such veterans tions. available to the public on an Internet (including the extent to which veterans are (C) Such other matters relating to the ac- website of the Department the following: afforded choices with respect to modes of tivities of the organization, including rec- (A) The measures and guidelines developed treatment) through site visits to facilities of ommendations for additional legislative or and implemented under this section. the Veterans Health Administration (includ- administrative action, as the Secretary, in (B) An assessment of the performance of ing at least one site visit in each Veterans consultation with the Assistant Secretary, the Department using such measures and Integrated Service Network), evaluating considers appropriate. guidelines. studies of patient outcomes, and other ap- (2) QUARTERLY UPDATES.—The Secretary SEC. 758. DISPOSAL OF CONTROLLED SUB- propriate means; STANCES. shall update the measures, guidelines, and (C) to assess whether, and the extent to (a) MEMBERS OF THE ARMED FORCES.—The assessment made available to the public Administrator of the Drug Enforcement Ad- which, veterans who served in the Armed under paragraph (1) not less frequently than ministration shall enter into a memorandum Forces in Operation Enduring Freedom, Op- quarterly. of understanding with the Secretary of De- eration Iraqi Freedom, or Operation New (e) SEMIANNUAL REPORTS.— fense establishing procedures under which a Dawn are being offered a full range of nec- (1) IN GENERAL.—Not later than June 30, member of the Armed Forces may deliver a essary mental health services at Department 2013, and not less frequently than twice each controlled substance to a member of the health care facilities, including early inter- year thereafter, the Secretary shall submit Armed Forces or an employee of the Depart- vention services for hazardous drinking, re- to the Committee on Veterans’ Affairs of the ment of Defense to be disposed of in accord- lationship problems, and other behaviors Senate and the Committee on Veterans’ Af- ance with section 302(g) of the Controlled that create a risk for the development of a fairs of the House of Representatives a re- Substances Act (21 U.S.C. 822(g)). chronic mental health condition; port on the Secretary’s progress in devel- (b) VETERANS.— (D) to conduct surveys or have access to oping and implementing the measures and (1) IN GENERAL.—The Administrator shall Department-administered surveys of— guidelines required by this section. enter into a memorandum of understanding (i) providers of Department mental health (2) ELEMENTS.—Each report submitted with the Secretary of Veterans Affairs estab- services; under paragraph (1) shall include the fol- lishing procedures under which a veteran (ii) veterans who served in the Armed lowing: may deliver a controlled substance to an em- Forces in Operation Enduring Freedom, Op- (A) A description of the development and ployee of the Department of Veterans Affairs eration Iraqi Freedom, or Operation New implementation of the measures required by to be disposed of in accordance with section Dawn who are receiving mental health care subsection (a) and the guidelines required by 302(g) of the Controlled Substances Act. furnished by the Department; and subsection (b). (2) VETERAN DEFINED.—In this subsection, (iii) eligible veterans who served in the (B) A description of the progress made by the term ‘‘veteran’’ has the meaning given Armed Forces in Operation Enduring Free- the Secretary in developing and imple- that term in section 101 of title 38, United dom, Operation Iraqi Freedom, or Operation menting such measures and guidelines. States Code. New Dawn who are not using Department (C) An assessment of the mental health SEC. 759. TRANSPARENCY OF MENTAL HEALTH health care services to assess those barriers care services furnished by the Department of CARE SERVICES. described in subparagraph (A); and Veterans Affairs, using the measures devel- (a) MEASUREMENT OF MENTAL HEALTH CARE (E) to provide to the Secretary, on the oped and implemented under subsection (a). SERVICES.— basis of its assessments as delineated in sub- (D) An assessment of the effectiveness of (1) IN GENERAL.—Not later than December paragraphs (A) through (C), specific, detailed the guidelines developed and implemented 31, 2013, the Secretary of Veterans Affairs recommendations— under subsection (b). shall develop and implement a comprehen- (i) for overcoming barriers, and improving (E) Such recommendations for legislative sive set of measures to assess mental health access, to timely, effective mental health or administrative action as the Secretary care services furnished by the Department of care at Department health care facilities (or, may have to improve the effectiveness and Veterans Affairs. where Department facilities cannot provide efficiency of the mental health care services

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7089 furnished under laws administered by the ‘‘(i) Any individual who is a veteran or ‘‘(g) In carrying out this section and in fur- Secretary. member of the Armed Forces, including a therance of the Secretary’s responsibility to (f) IMPLEMENTATION REPORT.— member of a reserve component of the carry out outreach activities under chapter (1) IN GENERAL.—Not later than 30 days be- Armed Forces, who served on active duty in 63 of this title, the Secretary may provide fore the date on which the Secretary begins a theater of combat operations or an area at for and facilitate the participation of per- implementing the measures and guidelines a time during which hostilities occurred in sonnel employed by the Secretary to provide required by this section, the Secretary shall that area. services under this section in recreational submit to the committees described in sub- ‘‘(ii) Any individual who is a veteran or programs that are— section (e)(1) a report on the Secretary’s member of the Armed Forces, including a ‘‘(1) designed to encourage the readjust- planned implementation of such measures member of a reserve component of the ment of veterans described in subsection and guidelines. Armed Forces, who provided direct emer- (a)(1)(C); and (2) ELEMENTS.—The report required by gency medical or mental health care, or ‘‘(2) operated by any organization named in paragraph (1) shall include the following: mortuary services to the causalities of com- or approved under section 5902 of this title.’’. (A) A detailed description of the measures bat operations or hostilities, but who at the SEC. 761. AUTHORITY FOR SECRETARY OF VET- and guidelines that the Secretary plans to time was located outside the theater of com- ERANS AFFAIRS TO FURNISH MEN- implement under this section. TAL HEALTH CARE THROUGH FA- bat operations or area of hostilities. (B) A description of the rationale for each CILITIES OTHER THAN VET CEN- ‘‘(iii) Any individual who is a veteran or measure and guideline the Secretary plans to TERS TO IMMEDIATE FAMILY MEM- member of the Armed Forces, including a implement under this section. BERS OF MEMBERS OF THE ARMED member of a reserve component of the FORCES DEPLOYED IN CONNECTION (C) A discussion of each measure and Armed Forces, who engaged in combat with WITH A CONTINGENCY OPERATION. guideline that the Secretary considered (a) IN GENERAL.—Subject to the avail- under this section but chose not to imple- an enemy of the United States or against an opposing military force in a theater of com- ability of appropriations and subsection (b), ment. the Secretary of Veterans Affairs, in addi- (D) The number of current vacancies in bat operations or an area at a time during which hostilities occurred in that area by re- tion to furnishing mental health care to fam- mental health care provider positions in the ily members of members of the Armed Department. motely controlling an unmanned aerial vehi- cle, notwithstanding whether the physical Forces through Vet Centers under section (E) An assessment of how many additional 1712A of title 38, United States Code, may positions are needed to meet current or ex- location of such veteran or member during such combat was within such theater of com- furnish mental health care to immediate pected demand for mental health services family members of members of the Armed bat operations or area. furnished by the Department. Forces while such members are deployed in ‘‘(iv) Any individual who received coun- SEC. 760. EXPANSION OF VET CENTER PROGRAM connection with a contingency operation (as seling under this section before the date of TO INCLUDE FURNISHING COUN- defined in section 101 of title 10, United the enactment of the National Defense Au- SELING TO CERTAIN MEMBERS OF States Code) through Department of Vet- THE ARMED FORCES AND THEIR thorization Act for Fiscal Year 2013. erans Affairs medical facilities, telemental FAMILY MEMBERS. ‘‘(v) Any individual who is a family mem- Section 1712A of title 38, United States health modalities, and such community, ber of any— nonprofit, private, and other third parties as Code, is amended— ‘‘(I) member of the Armed Forces, includ- (1) in subsection (a)— the Secretary considers appropriate. ing a member of a reserve component of the (b) LIMITATION.—The Secretary may fur- (A) in paragraph (1)— Armed Forces, who is serving on active duty nish mental health care under subsection (a) (i) in subparagraph (A), by striking ‘‘Upon in a theater of combat operations or in an only to the extent that resources and facili- the request’’ and all that follows through the area at a time during which hostilities are ties are available and only to the extent that period at the end and inserting the following: occurring in that area; or the furnishing of such care does not interfere ‘‘Upon the request of any individual referred ‘‘(II) veteran or member of the Armed with the provision of care to veterans. to in subparagraph (C), the Secretary shall Forces described in this subparagraph.’’; (c) NO ELIGIBILITY FOR TRAVEL REIMBURSE- furnish counseling, including by furnishing (B) by striking paragraph (2); MENT.—A family member to whom the Sec- counseling through a Vet Center, to the indi- (C) by redesignating paragraph (3) as para- retary furnishes mental health care under vidual— graph (2); and subsection (a) shall not be eligible for pay- ‘‘(i) in the case of an individual referred to (D) in paragraph (2), as redesignated by ments or allowances under section 111 of in clauses (i) through (iv) of subparagraph subparagraph (C)— title 38, United States Code, for such mental (C), to assist the individual in readjusting to (i) by striking ‘‘a veteran described in health care. civilian life; and paragraph (1)(B)(iii)’’ and inserting ‘‘an indi- (d) SUNSET.—The authority to furnish med- ‘‘(ii) in the case of an individual referred to vidual described in paragraph (1)(C)’’; and ical health care under subsection (a) shall in clause (v) of such subparagraph who is a (ii) by striking ‘‘the veteran a preliminary expire on the date that is three years after family member of a veteran or member de- general mental health assessment’’ and in- the date of the enactment of this Act. scribed in such clause— serting ‘‘the individual a comprehensive in- (e) VET CENTER DEFINED.—In this section, ‘‘(I) in the case of a member who is de- dividual assessment as described in para- the term ‘‘Vet Center’’ has the meaning ployed in a theater of combat operations or given the term in section 1712A(g) of title 38, graph (1)(B)’’; an area at a time during which hostilities United States Code, as amended by section (2) in subsection (b)(1), by striking ‘‘physi- are occurring in that area, during such de- 760(3) of this Act. cian or psychologist’’ each place it appears ployment to assist such individual in coping and inserting ‘‘licensed or certified mental SEC. 762. ORGANIZATION OF THE READJUST- with such deployment; and MENT COUNSELING SERVICE IN DE- health care provider’’; ‘‘(II) in the case of a veteran or member PARTMENT OF VETERANS AFFAIRS. (3) in subsection (g)— who is readjusting to civilian life, to the de- (a) IN GENERAL.—Subchapter I of chapter gree that counseling furnished to such indi- (A) by amending paragraph (1) to read as 73 of title 38, United States Code, is amended vidual is found to aid in the readjustment of follows: by adding at the end the following new sec- such veteran or member to civilian life.’’; ‘‘(1) The term ‘Vet Center’ means a facility tion: and which is operated by the Department for the ‘‘§ 7309. Readjustment Counseling Service provision of services under this section and (ii) by striking subparagraph (B) and in- ‘‘(a) IN GENERAL.—There is in the Veterans which is situated apart from Department serting the following new subparagraphs: Health Administration a Readjustment general health care facilities.’’; and ‘‘(B) Counseling furnished to an individual Counseling Service. The Readjustment Coun- (B) by adding at the end the following new under subparagraph (A) may include a com- seling Service shall provide readjustment prehensive individual assessment of the indi- paragraph: counseling and associated services to indi- vidual’s psychological, social, and other ‘‘(3) The term ‘family member’, with re- viduals in accordance with section 1712A of characteristics to ascertain whether— spect to a veteran or member of the Armed this title. ‘‘(i) in the case of an individual referred to Forces, means an individual who— ‘‘(b) CHIEF OFFICER.—(1) The head of the in clauses (i) through (iv) of subparagraph ‘‘(A) is a member of the family of the vet- Readjustment Counseling Service shall be (C), such individual has difficulties associ- eran or member, including— the Chief Officer of the Readjustment Coun- ated with readjusting to civilian life; and ‘‘(i) a parent; seling Service (in this section the ‘Chief Offi- ‘‘(ii) in the case of an individual referred to ‘‘(ii) a spouse; cer’), who shall report directly to the Under in clause (v) of such subparagraph, such indi- ‘‘(iii) a child; Secretary for Health. vidual has difficulties associated with— ‘‘(iv) a step-family member; and ‘‘(2) The Chief Officer shall be appointed by ‘‘(I) coping with the deployment of a mem- ‘‘(v) an extended family member; or the Under Secretary for Health from among ber described in subclause (I) of such clause; ‘‘(B) lives with the veteran or member but individuals who— or is not a member of the family of the veteran ‘‘(A)(i) are psychologists who hold a di- ‘‘(II) readjustment to civilian life of a vet- or member.’’; and ploma as a doctorate in clinical or coun- eran or member described in subclause (II) of (4) by redesignating subsection (g), as seling psychology from an authority ap- such clause. amended by paragraph (3), as subsection (h) proved by the American Psychological Asso- ‘‘(C) Subparagraph (A) applies to the fol- and inserting after subsection (f) the fol- ciation and who have successfully undergone lowing individuals: lowing new subsection (g): an internship approved by that association;

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7090 CONGRESSIONAL RECORD — SENATE November 28, 2012 ‘‘(ii) are holders of a master in social work SEC. 763. RECRUITING MENTAL HEALTH PRO- ices Act of 2010 (38 U.S.C. 1712A note; Public degree; or VIDERS FOR FURNISHING OF MEN- Law 111–163) is amended— ‘‘(iii) hold such other advanced degrees re- TAL HEALTH SERVICES ON BEHALF (A) by redesignating subsection (e) as sub- lated to mental health as the Secretary con- OF THE DEPARTMENT OF VETERANS section (f); and AFFAIRS WITHOUT COMPENSATION siders appropriate; FROM THE DEPARTMENT. (B) by inserting after subsection (d) the ‘‘(B) have at least three years of experience (a) IN GENERAL.—The Secretary of Vet- following new subsection (e): providing direct counseling services or out- erans Affairs shall carry out a national pro- ‘‘(e) PROVISION OF PEER OUTREACH AND reach services in the Readjustment Coun- gram of outreach to societies, community PEER SUPPORT SERVICES AT DEPARTMENT seling Service; organizations, nonprofit organizations, or MEDICAL CENTERS.—The Secretary shall ‘‘(C) have at least three years of experience government entities in order to recruit men- carry out the services required by subpara- administrating direct counseling services or tal health providers, who meet the quality graphs (A) and (B) of subsection (a)(1) at outreach services in the Readjustment Coun- standards and requirements of the Depart- each Department medical center.’’. seling Service; ment of Veterans Affairs, to provide mental (2) DEADLINE.—The Secretary of Veterans ‘‘(D) meet the quality standards and re- health services for the Department on a Affairs shall commence carrying out the quirements of the Department; and part-time, without-compensation basis, services required by subparagraphs (A) and ‘‘(E) are veterans who served in combat as under section 7405 of title 38, United States (B) of subsection (a)(1) of such section at members of the Armed Forces. Code. each Department of Veterans Affairs medical ‘‘(c) STRUCTURE.—(1) The Readjustment (b) PARTNERING WITH AND DEVELOPING COM- center, as required by subsection (e) of such Counseling Service is a distinct organiza- MUNITY ENTITIES AND NONPROFIT ORGANIZA- section (as added by paragraph (1)), not later tional element within Veterans Health Ad- TIONS.—In carrying out the program required than 270 days after the date of the enactment ministration. by subsection (a), the Secretary may partner of this Act. ‘‘(2) The Readjustment Counseling Service with a community entity or nonprofit orga- shall provide counseling and services as de- nization or assist in the development of a SA 3100. Mr. JOHNSON of South Da- scribed in subsection (a). community entity or nonprofit organization, kota submitted an amendment in- ‘‘(3) The Chief Officer shall have direct au- including by entering into an agreement tended to be proposed by him to the thority over all Readjustment Counseling under section 8153 of title 38, United States bill S. 3254, to authorize appropriations Service staff and assets, including Vet Cen- Code, that provides strategic coordination of for fiscal year 2013 for military activi- ters. the societies, organizations, and government ties of the Department of Defense, for ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for entities described in subsection (a) in order military construction, and for defense to maximize the availability and efficient the activities of the Readjustment Coun- activities of the Department of Energy, seling Service, including the operations of delivery of mental health services to vet- its Vet Centers, shall be derived from erans by such societies, organizations, and to prescribe military personnel amounts appropriated for the Veterans government entities. strengths for such fiscal year, and for Health Administration for medical care. (c) MILITARY CULTURE TRAINING.—In car- other purposes; which was ordered to ‘‘(2) Amounts for activities of the Read- rying out the program required by sub- lie on the table; as follows: justment Counseling Service, including the section (a), the Secretary shall provide At the end of subtitle H of title X, add the operations of its Vet Centers, shall not be al- training to mental health providers to en- following: sure that clinicians who provide mental located through the Veterans Equitable Re- SEC. 1084. RECOGNITION AS CORPORATION AND source Allocation system. health services as described in such sub- GRANT OF FEDERAL CHARTER FOR ‘‘(3) In each budget request submitted for section have sufficient understanding of NATIONAL AMERICAN INDIAN VET- the Department of Veterans Affairs by the military- and service-specific culture, com- ERANS, INCORPORATED. President to Congress under section 1105 of bat experience, and other factors that are (a) IN GENERAL.—Part B of subtitle II of title 31, the budget request for the Readjust- unique to the experience of veterans who title 36, United States Code, is amended by ment Counseling Service shall be listed sepa- served in Operation Enduring Freedom, Op- inserting after chapter 1503 the following rately. erating Iraqi Freedom, or Operation New new chapter: Dawn. ‘‘(e) ANNUAL REPORT.—(1) Not later than ‘‘CHAPTER 1504—NATIONAL AMERICAN March 15 of each year, the Secretary shall SEC. 764. PEER SUPPORT. INDIAN VETERANS, INCORPORATED submit to the Committee on Veterans’ Af- (a) PEER SUPPORT COUNSELING PROGRAM.— ‘‘Sec fairs of the Senate and the Committee on (1) PROGRAM REQUIRED.—Paragraph (1) of ‘‘150401. Organization Veterans’ Affairs of the House of Representa- section 1720F(j) of title 38, United States ‘‘150402. Purposes tives a report on the activities of the Read- Code, is amended in the matter before sub- ‘‘150403. Membership justment Counseling Service during the pre- paragraph (A) by striking ‘‘may’’ and insert- ‘‘150404. Board of directors ceding calendar year. ing ‘‘shall’’. ‘‘150405. Officers ‘‘(2) Each report submitted under para- (2) TRAINING.—Paragraph (2) of such sec- ‘‘150406. Nondiscrimination graph (1) shall include, with respect to the tion is amended by inserting after ‘‘peer ‘‘150407. Powers period covered by the report, the following: counselors’’ the following: ‘‘, including train- ‘‘150408. Exclusive right to name, seals, em- ‘‘(A) A summary of the activities of the ing carried out under the national program blems, and badges Readjustment Counseling Service, including of training required by section 304(c) of the ‘‘150409. Restrictions Vet Centers. Caregivers and Veterans Omnibus Health ‘‘150410. Duty to maintain tax-exempt status ‘‘(B) A description of the workload and ad- Services Act of 2010 (38 U.S.C. 1712A note; ‘‘150411. Records and inspection ditional treatment capacity of the Vet Cen- Public Law 111–163)’’. ‘‘150412. Service of process ters, including, for each Vet Center, the (3) AVAILABILITY OF PROGRAM AT DEPART- ‘‘150413. Liability for acts of officers and ratio of the number of full-time equivalent MENT MEDICAL CENTERS.—Such section is agents employees at such Vet Center and the num- amended by adding at the end the following ‘‘150414. Failure to comply with requirements ber of individuals who received services or new paragraph: ‘‘150415. Annual report assistance at such Vet Center. ‘‘(3) In addition to other locations the Sec- ‘‘§ 150401. Organization retary considers appropriate, the Secretary ‘‘(C) A detailed analysis of demand for and ‘‘The National American Indian Veterans, shall carry out the peer support program unmet need for readjustment counseling Incorporated, a nonprofit corporation orga- under this subsection at each Department services and the Secretary’s plan for meeting nized in the United States (in this chapter medical center.’’. such unmet need. referred to as the ‘corporation’), is a feder- (4) DEADLINE FOR COMMENCEMENT OF PRO- ‘‘(f) VET CENTER DEFINED.—In this section, ally chartered corporation. GRAM.—The Secretary of Veterans Affairs the term ‘Vet Center’ has the meaning given shall ensure that the peer support counseling ‘‘§ 150402. Purposes the term in section 1712A(g) of this title.’’. program required by section 1720F(j) of title ‘‘The purposes of the corporation are those (b) CLERICAL AMENDMENT.—The table of 38, United States Code, as amended by this stated in its articles of incorporation, con- sections at the beginning of chapter 73 of subsection, commences at each Department stitution, and bylaws, and include a commit- such title is amended by inserting after the of Veterans Affairs medical center not later ment— item relating to section 7308 the following than 270 days after the date of the enactment ‘‘(1) to uphold and defend the Constitution new item: of this Act. of the United States while respecting the ‘‘7309. Readjustment Counseling Service.’’. (b) PEER OUTREACH AND PEER SUPPORT sovereignty of the American Indian, Alaska (c) CONFORMING AMENDMENTS.—Section SERVICES AT DEPARTMENT MEDICAL CENTERS Native, and Native Hawaiian Nations; 7305 of such title is amended— UNDER PROGRAM ON READJUSTMENT AND MEN- ‘‘(2) to unite under one body all American (1) by redesignating paragraph (7) as para- TAL HEALTH CARE SERVICES FOR VETERANS Indian, Alaska Native, and Native Hawaiian graph (8); and WHO SERVED IN OPERATION ENDURING FREE- veterans who served in the Armed Forces of (2) by inserting after paragraph (6) the fol- DOM AND OPERATION IRAQI FREEDOM.— United States; lowing new paragraph (7): (1) IN GENERAL.—Section 304 of the Care- ‘‘(3) to be an advocate on behalf of all ‘‘(7) A Readjustment Counseling Service.’’. givers and Veterans Omnibus Health Serv- American Indian, Alaska Native, and Native

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7091 Hawaiian veterans without regard to wheth- tion or be distributed to any such person insert after the item relating to chapter 1503 er they served during times of peace, con- during the life of the charter granted by this the following new item: flict, or war; chapter. ‘‘1504. National American Indian Vet- ‘‘(4) to promote social welfare (including ‘‘(2) Nothing in this subsection shall be erans, Incorporated ...... 150401’’. educational, economic, social, physical, cul- construed to prevent the payment of reason- tural values, and traditional healing) in the able compensation to the officers of the cor- SA 3101. Mr. JOHNSON of South Da- United States by encouraging the growth poration, or reimbursement for actual and kota submitted an amendment in- necessary expenses, in amounts approved by and development, readjustment, self-respect, tended to be proposed by him to the self-confidence, contributions, and self-iden- the board of directors. tity of American Indian veterans; ‘‘(c) LOANS.—The corporation shall not bill S. 3254, to authorize appropriations ‘‘(5) to serve as an advocate for the needs make any loan to any officer, director, mem- for fiscal year 2013 for military activi- of American Indian, Alaska Native, and Na- ber, or employee of the corporation. ties of the Department of Defense, for tive Hawaiian veterans, their families, or ‘‘(d) NO FEDERAL ENDORSEMENT.—The cor- military construction, and for defense survivors in their dealings with all Federal poration shall not claim congressional ap- activities of the Department of Energy, and State government agencies; proval or Federal Government authority by to prescribe military personnel ‘‘(6) to promote, support, and utilize re- virtue of the charter granted by this chapter strengths for such fiscal year, and for for any of its activities. search, on a nonpartisan basis, pertaining to other purposes; which was ordered to the relationship between the American In- ‘‘§ 150410. Duty to maintain tax-exempt status lie on the table; as follows: dian, Alaska Native, and Native Hawaiian ‘‘The corporation shall maintain its status At the end of subtitle A of title V, add the veterans and American society; and as an organization exempt from taxation as following: ‘‘(7) to provide technical assistance to the provided in the Internal Revenue Code of 12 regional areas without veterans commit- 1986. SEC. 505. APPOINTMENT AND GRADE OF CHIEF tees or organizations and programs by— OF THE ARMY MEDICAL SPECIALIST ‘‘(A) providing outreach service to those ‘‘§ 150411. Records and inspection CORPS. Tribes in need; and ‘‘(a) RECORDS.—The corporation shall Section 3070(b) of title 10, United States ‘‘(B) training and educating Tribal Vet- keep— Code, is amended— erans Service Officers for those Tribes in ‘‘(1) correct and complete books and (1) in the first sentence, by striking ‘‘cap- need. records of accounts; tain’’ and inserting ‘‘lieutenant colonel’’; ‘‘(2) minutes of any proceeding of the cor- ‘‘§ 150403. Membership and poration involving any of its members, the (2) by inserting after the first sentence the ‘‘Subject to section 150406 of this title, eli- board of directors, or any committee having following new sentence: ‘‘An appointee who gibility for membership in the corporation, authority under the board of directors; and holds a lower regular grade shall be ap- and the rights and privileges of members, ‘‘(3) at its principal office, a record of the pointed in the regular grade of brigadier gen- shall be as provided in the constitution and names and addresses of all members having eral.’’. by-laws of the corporation. the right to vote. ‘‘§ 150404. Board of directors ‘‘(b) INSPECTION.—(1) All books and records SA 3102. Ms. KLOBUCHAR (for her- ‘‘Subject to section 150406 of this title, the of the corporation may be inspected by any self and Ms. SNOWE) submitted an board of directors of the corporation, and the member having the right to vote, or by any amendment intended to be proposed by responsibilities of the board, shall be as pro- agent or attorney of such member, for any proper purpose, at any reasonable time. her to the bill S. 3254, to authorize ap- vided in the constitution and bylaws of the propriations for fiscal year 2013 for corporation and in conformity with the laws ‘‘(2) Nothing in this section shall be con- under which the corporation is incorporated. strued to contravene the laws of the jurisdic- military activities of the Department tion under which the corporation is incor- of Defense, for military construction, ‘‘§ 150405. Officers porated or the laws of those jurisdictions and for defense activities of the De- ‘‘Subject to section 150406 of this title, the within which the corporation carries on its partment of Energy, to prescribe mili- officers of the corporation, and the election activities in furtherance of its purposes tary personnel strengths for such fiscal of such officers, shall be as provided in the within the United States and its territories. constitution and bylaws of the corporation year, and for other purposes; which was ‘‘§ 150412. Service of process and in conformity with the laws of the juris- ordered to lie on the table; as follows: diction under which the corporation is incor- ‘‘With respect to service of process, the At the end of subtitle E of title V, add the porated. corporation shall comply with the laws of following: the jurisdiction under which the corporation ‘‘§ 150406. Nondiscrimination is incorporated and those jurisdictions with- SEC. 544. RETENTION OF CERTAIN FORMS IN CONNECTION WITH RESTRICTED RE- ‘‘In establishing the conditions of member- in which the corporation carries on its ac- ship in the corporation, and in determining PORTS ON SEXUAL ASSAULT IN- tivities in furtherance of its purposes within VOLVING MEMBERS OF THE ARMED the requirements for serving on the board of the United States and its territories. FORCES. directors or as an officer of the corporation, ‘‘§ 150413. Liability for acts of officers and (a) PERIOD OF RETENTION.—The Secretary the corporation may not discriminate on the agents of Defense shall ensure that all copies of De- basis of race, color, religion, sex, national or- partment of Defense Form 2910 and Depart- igin, handicap, or age. ‘‘The corporation shall be liable for the acts of the officers and agents of the corpora- ment of Defense Form 2911 filed in connec- ‘‘§ 150407. Powers tion when such individuals act within the tion with a Restricted Report on an incident ‘‘The corporation shall have only those scope of their authority. of sexual assault involving a member of the powers granted the corporation through its Armed Forces shall be retained for the ‘‘§ 150414. Failure to comply with require- articles of incorporation and its constitution longer of— ments and bylaws which shall conform to the laws (1) 50 years commencing on the date of sig- of the jurisdiction under which the corpora- ‘‘If the corporation fails to comply with nature of the member on Department of De- tion is incorporated. any of the restrictions or provisions of this fense Form 2910; or chapter, including the requirement under (2) the time provided for the retention of ‘‘§ 150408. Exclusive right to name, seals, em- section 150410 of this title to maintain its blems, and badges such forms in connection with Unrestricted status as an organization exempt from tax- Reports on incidents of sexual assault in- ‘‘(a) IN GENERAL.—The corporation shall ation, the charter granted by this chapter volving members of the Armed Forces under have the sole and exclusive right to use the shall expire. Department of Defense Directive-Type names ‘National American Indian Veterans, ‘‘§ 150415. Annual report Memorandum (DTM) 11–062, entitled ‘‘Docu- Incorporated’ and ‘National American Indian N GENERAL.—The corporation shall ment Retention in Cases of Restricted and Veterans’, and such seals, emblems, and ‘‘(a) I report annually to Congress concerning the Unrestricted Reports of Sexual Assault’’, or badges as the corporation may lawfully activities of the corporation during the pre- any successor directive or policy. adopt. ceding fiscal year. (b) PROTECTION OF CONFIDENTIALITY.—Any ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(b) SUBMITTAL DATE.—Each annual report Department of Defense form retained under tion shall be construed to interfere or con- under this section shall be submitted at the subsection (a) shall be retained in a manner flict with established or vested rights. same time as the report of the audit of the that protects the confidentiality of the mem- ‘‘§ 150409. Restrictions corporation required by section 10101(b) of ber of the Armed Forces concerned in accord- ‘‘(a) STOCK AND DIVIDENDS.—The corpora- this title. ance with procedures for the protection of tion shall have no power to issue any shares ‘‘(c) REPORT NOT PUBLIC DOCUMENT.—No confidentiality of information in Restricted of stock nor to declare or pay any dividends. annual report under this section shall be Reports under Department of Defense memo- ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— printed as a public document.’’. randum JTF–SAPR–009, relating to the De- (1) No part of the income or assets of the cor- (b) CLERICAL AMENDMENT.—The table of partment of Defense policy on confiden- poration shall inure to any person who is a chapters at the beginning of subtitle II of tiality for victims of sexual assault, or any member, officer, or director of the corpora- title 36, United States Code, is amended by successor policy or directive.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7092 CONGRESSIONAL RECORD — SENATE November 28, 2012 SA 3103. Ms. KLOBUCHAR (for her- propriations for fiscal year 2013 for dence of such factors or their contributions self and Ms. SNOWE) submitted an military activities of the Department to sexual assaults.’’. amendment intended to be proposed by of Defense, for military construction, (b) EFFECTIVE DATE.—The amendments and for defense activities of the De- made by this section shall take effect on the her to the bill S. 3254, to authorize ap- date of the enactment of this Act, and shall propriations for fiscal year 2013 for partment of Energy, to prescribe mili- apply beginning with the report required to military activities of the Department tary personnel strengths for such fiscal be submitted by March 1, 2013, under section of Defense, for military construction, year, and for other purposes; which was 1631 of the Ike Skelton National Defense Au- and for defense activities of the De- ordered to lie on the table; as follows: thorization Act for Fiscal Year 2011 (as partment of Energy, to prescribe mili- At the end of subtitle E of title V, add the amended by subsection (a)). tary personnel strengths for such fiscal following: Ms. KLOBUCHAR (for her- year, and for other purposes; which was SEC. 544. ENHANCEMENT OF ANNUAL REPORTS SA 3105. REGARDING SEXUAL ASSAULTS IN- self and Ms. SNOWE) submitted an ordered to lie on the table; as follows: VOLVING MEMBERS OF THE ARMED amendment intended to be proposed by At the end of subtitle E of title V, add the FORCES. her to the bill S. 3254, to authorize ap- following: (a) IN GENERAL.—Section 1631(b) of the Ike SEC. 544. INCLUSION AND COMMAND REVIEW OF Skelton National Defense Authorization Act propriations for fiscal year 2013 for INFORMATION ON SEXUAL-RELATED for Fiscal Year 2011 (10 U.S.C. 1561 note) is military activities of the Department OFFENSES IN PERSONNEL SERVICE amended— of Defense, for military construction, RECORDS OF MEMBERS OF THE (1) by striking paragraph (3) and inserting and for defense activities of the De- ARMED FORCES. the following new paragraph (3): partment of Energy, to prescribe mili- (a) INFORMATION ON SUBSTANTIATED RE- ‘‘(3) A synopsis of each such substantiated tary personnel strengths for such fiscal PORTS ON SEXUAL-RELATED OFFENSES.— case, organized by offense, and, for each such (1) IN GENERAL.—If a complaint of a sexual- case, the action taken in such case, includ- year, and for other purposes; which was related offense is made against a member of ing the following information: ordered to lie on the table; as follows: the Armed Forces and the complaint is sub- ‘‘(A) The type of disciplinary or adminis- At the end of subtitle E of title V, add the stantiated, a notation to that effect shall be trative sanction imposed, if any, including following: placed in the personnel service record of the courts-martial sentences, non-judicial pun- SEC. 544. PREVENTION AND RESPONSE TO SEX- member, regardless of the member’s grade. ishments administered by commanding offi- UAL HARASSMENT IN THE ARMED (2) PURPOSE.—The purpose of the inclusion cers pursuant to section 815 of title 10, FORCES. of information in personnel service records United States Code (article 15 of the Uniform (a) COMPREHENSIVE POLICY REQUIRED.— under paragraph (1) is to alert commanders Code of Military Justice), and administra- (1) IN GENERAL.—The Secretary of Defense to the members of their command who have tive separations. shall, in consultation with the Secretaries of received courts-martial conviction, non-judi- ‘‘(B) A description of and rationale for the the military departments and the Equal Op- cial punishment, or administrative action final disposition and punishment, regardless portunity Office of the Department of De- for sexual-related offenses in order to reduce of type of disciplinary or administrative fense, develop a comprehensive policy to pre- the likelihood that repeat offenses will es- sanction imposed, including, in a case in vent and respond to sexual harassment in cape the notice of commanders. which an Article 32 investigating officer rec- the Armed Forces. The policy shall provide (b) LIMITATION ON PLACEMENT.—A notation ommended dismissal of the charges, an ex- for the following: under subsection (a) may not be placed in plicit statement of the reasons for such rec- (A) Training for members of the Armed the restricted section of the personnel serv- ommendation. Forces on the prevention of sexual harass- ice record of a member. ‘‘(C) The unit and location of service at ment. (c) CONSTRUCTION.—Nothing in subsection which the incident occurred. (B) Mechanisms for reporting incidents of (a) or (b) may be construed to prohibit or ‘‘(D) Whether the accused was previously sexual harassment in the Armed Forces, in- limit the capacity of a member of the Armed accused of a substantiated sexual assault or cluding procedures for reporting anony- Forces to challenge or appeal the placement sexual harassment. mously. of a notation, or location of placement of a ‘‘(E) Whether the accused was admitted to (C) Mechanisms for responding to and re- notation, in the member’s personnel service the Armed Forces under a moral waiver solving incidents of alleged sexual harass- record in accordance with procedures other- granted with respect to prior sexual mis- ment incidences involving members of the wise applicable to such challenges or ap- conduct. Armed Forces, including through the pros- peals. ‘‘(F) Whether alcohol was involved in the ecution of offenders. (d) SUBSTANTIATED COMPLAINTS.—For pur- incident. (2) REPORT.—Not later than one year after poses of implementing this section, the Sec- ‘‘(G) If the member was administratively the date of the enactment of this Act, the retary of Defense shall use the definition of separated or, in the case of an officer, al- Secretary of Defense shall submit to the substantiated developed for purposes of the lowed to resign in lieu of facing a court-mar- Committees on Armed Services of the Senate annual report on sexual assaults involving tial, the characterization given the service and the House of Representatives a report members of the Armed Forces prepared of the member upon separation.’’; and setting forth the policy required by para- under section 1631 of the Ike Skelton Na- (2) by adding at the end the following new graph (1). tional Defense Authorization Act for Fiscal paragraphs (b) COLLECTION AND RETENTION OF RECORDS Year 2011 (10 U.S.C. 1561 note). ‘‘(7) The number of applications submitted ON DISPOSITION OF REPORTS OF SEXUAL HAR- (e) COMMAND REVIEW OF HISTORY OF SEX- under section 673 of title 10, United States ASSMENT.— UAL-RELATED OFFENSES OF MEMBERS UPON Code, during the year covered by the report (1) COLLECTION.—The Secretary of Defense ASSIGNMENT OR TRANSFER TO NEW UNIT.— for a permanent change of station or unit shall require that the Secretary of each mili- (1) REVIEW REQUIRED.—Under uniform regu- transfer for members of the Armed Forces on tary department establish a record on the lations prescribed by the Secretary of De- active duty who are the victim of a sexual disposition of any report of sexual harass- fense, the commanding officer of a facility, assault or related offense, the number of ap- ment, whether such disposition is court mar- installation, or unit to which a member of plications denied, and, for each application tial, non-judicial punishment, or other ad- the Armed Forces described in paragraph (2) denied, a description of the reasons why such ministrative action. The record of any such is permanently assigned or transferred shall application was denied. disposition shall include the following, as ap- review the history of substantiated sexual ‘‘(8) An analysis and assessment of trends propriate: offenses of the member in order to famil- in the incidence, disposition, and prosecution (A) Documentary information collected iarize such officer with such history of the of sexual assaults by commands and installa- about the incident reported. member. tions during the year covered by the report, (B) Punishment imposed, including the (2) COVERED MEMBERS.—A member of the including trends relating to prevalence of in- sentencing by judicial or non-judicial means Armed Forces described in this paragraph is cidents, prosecution of incidents, and avoid- including incarceration, fines, restriction, a member of the Armed Forces who, at the ance of incidents. and extra duty as a result of military court- time of assignment or transfer as described ‘‘(9) An assessment of the adequacy of sex- martial, Federal and local court and other in paragraph (1), has a history of one or more ual assault prevention and response activi- sentencing, or any other punishment im- substantiated sexual offenses as documented ties carried out by training commands dur- posed. in the personnel service record of such mem- ing the year covered by the report. (C) Reasons for the selection of the disposi- ber or such other records or files as the Sec- ‘‘(10) An analysis of the specific factors tion and punishments selected. retary shall specify in the regulations pre- that may have contributed to sexual assault (D) Administrative actions taken, if any. scribed under paragraph (1). during the year covered by the report, in- (E) Any pertinent referrals offered as a re- cluding sexual harassment and substance sult of the incident (such as drug and alcohol SA 3104. Ms. KLOBUCHAR (for her- abuse, an assessment of the role of such fac- counseling and other types of counseling or self and Ms. SNOWE) submitted an tors in contributing to sexual assaults dur- intervention). amendment intended to be proposed by ing that year, and recommendations for (2) RETENTION.—The Secretary of Defense her to the bill S. 3254, to authorize ap- mechanisms to eliminate or reduce the inci- shall require that—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7093 (A) the records established pursuant to SEC. 544. POLICY OF THE UNITED STATES ON DIS- requirements for the military departments paragraph (1) be retained by the Department POSITION OF CHARGES INVOLVING and the Defense Agencies to submit to the of Defense for a period of not less than 50 CERTAIN SEXUAL MISCONDUCT OF- Deputy Chief Management Officer such in- FENSES UNDER THE UNIFORM CODE formation on covered defense business sys- years; and OF MILITARY JUSTICE THROUGH (B) a copy of such records be maintained at COURTS-MARTIAL. tem programs as the Deputy Chief Manage- a centralized location for the same period as (a) STATEMENT OF POLICY.—It shall be the ment Officer shall require for the review of applies to retention of the records under sub- policy of the United States that any charge defense business system programs under the paragraph (A). regarding an offense specified in subsection process. Such information shall be submitted (b) should be disposed of by court-martial, to the Deputy Chief Management Officer in a (c) ANNUAL REPORT ON SEXUAL HARASS- rather than by non-judicial punishment or standardized format established by the Dep- MENT INVOLVING MEMBERS OF THE ARMED administrative action. uty Chief Management Officer for purposes FORCES.— (b) COVERED OFFENSES.—An offense speci- of this paragraph. (1) ANNUAL REPORT ON SEXUAL HARASS- fied in this subsection is any of the following ‘‘(B) If a military department or Defense MENT.—Not later than March 1, 2015, and offenses under chapter 47 of title 10, United Agency does not submit to the Deputy Chief each March 1 thereafter through March 1, States Code (the Uniform Code of Military Management Officer information requested 2018, the Secretary of each military depart- Justice): by the Deputy Chief Management Office ment shall submit to the Secretary of De- (1) Rape or sexual assault under subsection under subparagraph (A) within 60 days of the fense a report on the sexual harassments in- (a) or (b) of section 920 of such chapter (arti- date of such request for such information volving members of the Armed Forces under cle 120 of the Uniform Code of Military Jus- under that subparagraph, or does not submit the jurisdiction of such Secretary during the tice). such information in the standardized format preceding year. Each Secretary of a military (2) Forcible sodomy under section 925 of established pursuant to that subparagraph, the Secretary of Defense may withhold fund- department shall submit the report on a year such chapter (article 125 of the Uniform Code ing for any new defense business system, or under this section at the same time as the of Military Justice). (3) An attempt to commit an offense speci- any modernization of a current defense busi- submittal of the annual report on sexual as- fied in paragraph (1) or (2), as punishable ness system, of the military department or saults during that year under section 1631 of under section 880 of such chapter (article 80 Defense Agency commencing as of the date the Ike Skelton National Defense Authoriza- of the Uniform Code of Military Justice). that is 60 days after the date of such re- tion Act for Fiscal Year 2011 (10 U.S.C. 1561 (c) JUSTIFICATION FOR DISPOSITION OTHER quest.’’. note). In the case of the Secretary of the THAN BY COURT-MARTIAL.—In the case of any Navy, separate reports shall be prepared charge regarding an offense specified in sub- SA 3109. Mr. COBURN submitted an under this section for the Navy and the Ma- section (b) that is disposed of by non-judicial amendment intended to be proposed by rine Corps. punishment or administrative action, rather him to the bill S. 3254, to authorize ap- (2) CONTENTS.—The report of a Secretary of than by court-martial, the disposition au- propriations for fiscal year 2013 for thority for such case shall include in the a military department for an Armed Force military activities of the Department under paragraph (1) shall contain the fol- case file a justification for the disposition of lowing: the charge by non-judicial punishment or ad- of Defense, for military construction, (A) The number of sexual harassments ministrative action, rather than by court- and for defense activities of the De- committed against members of the Armed martial. partment of Energy, to prescribe mili- Force that were reported to military offi- tary personnel strengths for such fiscal cials during the year covered by the report, SA 3107. Mr. COBURN submitted an year, and for other purposes; which was and the number of the cases so reported that amendment intended to be proposed by ordered to lie on the table; as follows: him to the bill S. 3254, to authorize ap- were substantiated. At the end of subtitle H of title X, add the (B) The number of sexual harassments propriations for fiscal year 2013 for following: committed by members of the Armed Force military activities of the Department SEC. 1084. CONDITIONS FOR TREATMENT OF CER- that were reported to military officials dur- of Defense, for military construction, TAIN PERSONS AS ADJUDICATED ing the year covered by the report, and the and for defense activities of the De- MENTALLY INCOMPETENT FOR CER- number of the cases so reported that were partment of Energy, to prescribe mili- TAIN PURPOSES. substantiated. The information required by tary personnel strengths for such fiscal (a) IN GENERAL.—Chapter 55 of title 38, this subparagraph may not be combined with United States Code, is amended by adding at year, and for other purposes; which was the end the following new section: the information required by subparagraph ordered to lie on the table; as follows: (A). ‘‘§ 5511. Conditions for treatment of certain At the end of subtitle E of title III, add the (C) A synopsis of each such substantiated persons as adjudicated mentally incom- following: case and, for each such case, the action petent for certain purposes SEC. 344. DISPOSAL OF SURPLUS OR EXCESS TAN- taken in such case, including the type of dis- GIBLE PROPERTY OF THE DEPART- ‘‘In any case arising out of the administra- ciplinary or administrative sanction im- MENT OF DEFENSE SOLELY BY PUB- tion by the Secretary of laws and benefits posed, section 815 of title 10, United States LIC SALE. under this title, a person who is mentally in- Code (article 15 of the Uniform Code of Mili- Notwithstanding any other provision of capacitated, deemed mentally incompetent, tary Justice). law, surplus or excess tangible property of or experiencing an extended loss of con- (D) The policies, procedures, and processes the Department of Defense shall be disposed sciousness shall not be considered adju- implemented by the Secretary during the of solely by public sale. dicated as a mental defective under sub- year covered by the report in response to in- section (d)(4) or (g)(4) of section 922 of title 18 cidents of sexual harassment involving mem- SA 3108. Mr. COBURN submitted an without the order or finding of a judge, mag- bers of that Armed Force. amendment intended to be proposed by istrate, or other judicial authority of com- (E) Any other matters relating to sexual him to the bill S. 3254, to authorize ap- petent jurisdiction that such person is a dan- harassment involving members of the Armed propriations for fiscal year 2013 for ger to himself or herself or others.’’. Forces that the Secretary considers appro- military activities of the Department (b) CLERICAL AMENDMENT.—The table of priate. of Defense, for military construction, sections at the beginning of chapter 55 of such title is amended by adding at the end and for defense activities of the De- the following new item: partment of Energy, to prescribe mili- SA 3106. Ms. KLOBUCHAR (for her- ‘‘5511. Conditions for treatment of certain tary personnel strengths for such fiscal self and Ms. SNOWE) submitted an persons as adjudicated men- year, and for other purposes; which was amendment intended to be proposed by tally incompetent for certain ordered to lie on the table; as follows: purposes.’’. her to the bill S. 3254, to authorize ap- At the end of subtitle A of title IX, add the propriations for fiscal year 2013 for following: SA 3110. Mr. COBURN submitted an military activities of the Department SEC. 903. INFORMATION FOR DEPUTY CHIEF amendment intended to be proposed by of Defense, for military construction, MANAGEMENT OFFICER OF THE DE- him to the bill S. 3254, to authorize ap- PARTMENT OF DEFENSE FROM THE and for defense activities of the De- MILITARY DEPARTMENTS AND DE- propriations for fiscal year 2013 for partment of Energy, to prescribe mili- FENSE AGENCIES FOR DEFENSE military activities of the Department tary personnel strengths for such fiscal BUSINESS SYSTEM INVESTMENT RE- of Defense, for military construction, VIEWS. and for defense activities of the De- year, and for other purposes; which was Section 2222(g) of title 10, United States partment of Energy, to prescribe mili- ordered to lie on the table; as follows: Code, is amended by adding at the end the following new paragraph: tary personnel strengths for such fiscal At the end of subtitle E of title V, add the ‘‘(3)(A) The investment management proc- year, and for other purposes; which was following: ess required by paragraph (1) shall include ordered to lie on the table; as follows:

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At the end of subtitle A of title X, add the (6) In 2005, the Department of Defense cre- (1) MILITARY DEPARTMENTS.—The financial following: ated a Financial Improvement and Audit statements of a military department shall SEC. 1005. REPORT ON BALANCES CARRIED FOR- Readiness (FIAR) Plan, overseen by a direc- cease to be covered by the reporting require- WARD BY THE DEPARTMENT OF DE- torate within the office of the Under Sec- ments specified in subsection (b) upon the FENSE AT THE END OF FISCAL YEAR retary of Defense (Comptroller), to improve issuance of an unqualified audit opinion on 2012. Department business processes with the goal such financial statements. Not later than 180 days after the date of of producing timely, reliable, and accurate (2) DEPARTMENT OF DEFENSE.—The report- the enactment of this Act, the Secretary of financial information that could generate an ing requirements specified in subsection (b) Defense shall submit to Congress, and pub- audit-ready annual financial statement. In shall cease to be effective when an unquali- lish on the Internet website of the Depart- December 2005, that directorate, known as fied audit opinion is issued on the financial ment of Defense available to the public, the the FIAR Directorate, issued the first of a statements of the Department of Defense, in- following: series of semiannual reports on the status of cluding each of the military departments (1) The total dollar amount of all balances the Financial Improvement and Audit Readi- and the Defense Agencies. carried forward by the Department of De- ness Plan. (b) REPORTING REQUIREMENTS.—The report- fense at the end of fiscal year 2012 by ac- (7) The National Defense Authorization ing requirements specified in this subsection count. Act for Fiscal Year 2010 (Public Law 111–84) are the following: (2) The total dollar amount of all unobli- requires regular status reports on the Finan- (1) The requirement for semi-annual re- gated balances carried forward by the De- cial Improvement and Audit Readiness Plan ports in section 1003(b) of the National De- partment of Defense at the end of fiscal year described in paragraph (6), and codified as a fense Authorization Act for Fiscal Year 2010 2012 by account. statutory requirement the goal of the Plan (Public Law 111–84; 123 Stat. 2440; 10 U.S.C. (3) The total dollar amount of any balances in ensuring that Department of Defense fi- 2222 note). (both obligated and unobligated) that have nancial statements are validated as ready for (2) The requirement for annual reports in been carried forward by the Department of audit not later than September 30, 2017. section 1008(a) of the National Defense Au- Defense for five years or more as of the end (8) At a September 2010 hearing of the Sen- thorization Act for Fiscal Year 2002 (Public of fiscal year 2012 by account. ate, the Government Accountability Office Law 107–107; 115 Stat. 1204; 10 U.S.C. 113 SA 3111. Mr. COBURN (for himself stated that past expenditures by the Depart- note). ment of Defense of $5,800,000,000 to improve and Mr. MANCHIN) submitted an amend- SEC. 1805. REPORT ON DEPARTMENT OF DE- financial information, and billions of dollars FENSE REPORTING REQUIREMENTS ment intended to be proposed by him more of anticipated expenditures on new in- MADE OBSOLETE BY OR AFFECTING to the bill S. 3254, to authorize appro- formation technology systems for that pur- AUDITS WITH UNQUALIFIED OPIN- priations for fiscal year 2013 for mili- pose, may not suffice to achieve full audit IONS. tary activities of the Department of readiness of the financial statement of the Not later than 180 days after the date of Defense, for military construction, and Department. At that hearing, the Govern- the enactment of this Act, the Under Sec- for defense activities of the Depart- ment Accountability Office could not predict retary of Defense (Comptroller) shall submit when the Department would achieve full to Congress a report setting forth the fol- ment of Energy, to prescribe military lowing: personnel strengths for such fiscal audit readiness of such statements. SEC. 1803. AUDIT READINESS OF THE FINANCIAL (1) A list of each report of the Department year, and for other purposes; which was STATEMENTS OF THE DEPARTMENT of Defense required by law to be submitted ordered to lie on the table; as follows: OF DEFENSE. to Congress which, in the opinion of the At the end of division A, add the following: (a) INCLUSION OF STATEMENT OF BUDGET RE- Under Secretary, would no longer be nec- TITLE XVIII—AUDIT OF DEPARTMENT OF SOURCES WITHIN FIAR PLAN.—Subsection essary if the financial statements of the De- DEFENSE FINANCIAL STATEMENTS (a)(2)(A) of section 1003 of the National De- partment of Defense were audited with an fense Authorization Act for Fiscal Year 2010 unqualified opinion. SEC. 1801. SHORT TITLE. (2) A list of each report of the Department This title may be cited as the ‘‘Audit the (Public Law 111–84; 123 Stat. 2439; 10 U.S.C. required by law to be submitted to Congress Pentagon Act of 2012’’. 2222 note) is amended— (1) in clause (i), by striking ‘‘and’’ at the which, in the opinion of the Under Secretary, SEC. 1802. FINDINGS. end; interferes with the capacity of the Depart- Congress makes the following findings: (2) by redesignating clause (ii) as clause ment to achieve an audit of the financial (1) Section 9 of Article 1 of the Constitu- (iv); and statements of the Department with an un- tion of the United States requires all agen- (3) by inserting after clause (i) the fol- qualified opinion. cies of the Federal Government, including lowing new clauses: the Department of Defense, to publish ‘‘a SEC. 1806. ENHANCED REPROGRAMMING AU- ‘‘(ii) ensuring that a complete and vali- THORITY FOLLOWING ACHIEVE- regular statement and account of the re- dated statement of budgetary resources of MENT BY MILITARY DEPARTMENTS ceipts and expenditures of all public money’’. the Department of Defense is ready by not OF AUDIT WITH UNQUALIFIED OPIN- (2) Section 3515 of title 31, United States later than September 30, 2014; ION OF STATEMENT OF BUDGETARY Code, requires the agencies of the Federal RESOURCES FOR FISCAL YEARS ‘‘(iii) ensuring that the full set of consoli- Government, including the Department of AFTER FISCAL YEAR 2013. dated financial statements of the Depart- Defense, to present auditable financial state- (a) IN GENERAL.—Subject to section ment for the fiscal year ending September 30, ments beginning not later than March 1, 1809(a)(1), if a military department obtains 2017, and each fiscal year thereafter, are 1997. The Department has not complied with an audit with an unqualified opinion on its ready in a timely manner and in preparation this law. statement of budgetary resources for any fis- for an audit, including submitting the re- (3) The Federal Financial Management Im- cal year after fiscal year 2013, the thresholds ports not later than November 15, 2017, and provement Act of 1996 (31 U.S.C. 3512 note) for reprogramming of funds without prior each year thereafter, in order to seek an requires financial systems acquired by the notice to Congress for the succeeding fiscal audit opinion on its financial statements; Federal Government, including the Depart- year shall be deemed to be the thresholds as and’’. ment of Defense, to be able to provide infor- follows: (b) DEFINITION OF VALIDATED AS READY FOR mation to leaders to manage and control the (1) In the case of an increase or decrease to AUDIT.—Such section is further amended by cost of government. The Department has not adding at the end the following new sub- the program base amount for a procurement complied with this law. section: program, $60,000,000. (4) The financial management of the De- ‘‘(d) VALIDATED AS READY FOR AUDIT DE- (2) In the case of an increase or decrease to partment of Defense has been on the ‘‘High- FINED.—In this section, the term ‘validated the program base amount for a research pro- Risk’’ list of Government Accountability Of- as ready for audit’ means the following: gram, $30,000,000. fice, which means that the Department is ‘‘(1) In the case of the financial statements (3) In the case of an increase or decrease to not consistently able to ‘‘control costs; en- of a military department, that the audit the amount for a budget activity for oper- sure basic accountability; anticipate future agencies of the military department have re- ation and maintenance, $45,000,000. costs and claims on the budget; measure per- viewed such statements and determined, in (4) In the case of an increase or decrease to formance; maintain funds control; [and] pre- writing, that such statements are ready for the amount for a budget activity for mili- vent and detect fraud, waste, and abuse’’. audit. tary personnel, $30,000,000. (5) The National Defense Authorization ‘‘(2) In the case of the financial statements (b) CONSTRUCTION.—Nothing in this section Act for Fiscal Year 2002 (Public Law 107–107) of a Defense Agency, that the audit agencies shall be construed to alter or revise any re- requires the Secretary of Defense to report of the Defense Agency have reviewed such quirement (other than a threshold amount) to Congress annually on the reliability of the statements and determined, in writing, that for notice to Congress on reprogrammings financial statements of the Department of such statements are ready for audit.’’. covered by subsection (a) under any other Defense, to minimize resources spent on pro- SEC. 1804. CESSATION OF APPLICABILITY OF RE- provision of law. ducing unreliable financial statements, and PORTING REQUIREMENTS REGARD- (c) DEFINITIONS.—In this section, the terms to use resources saved to improve financial ING THE FINANCIAL STATEMENTS ‘‘program base amount’’, ‘‘procurement pro- management policies, procedures, and inter- OF THE DEPARTMENT OF DEFENSE. gram’’, ‘‘research program’’, and ‘‘budget ac- nal controls. (a) CESSATION OF APPLICABILITY.— tivity’’ have the meanings given such terms

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7095 in chapter 6 of volume 3 of the Financial new appropriation of the amount so trans- unqualified opinion on such company’s finan- Management Regulation of the Department ferred. cial statements during the time of such indi- of Defense (DoD 7000.14R), dated March 2011, (e) REPORTS.— vidual’s service. or any successor document. (1) ANNUAL REPORTS.—The Secretary of De- (B) RESPONSIBILITIES.—The responsibilities SEC. 1807. AVAILABILITY OF EXPIRING FUNDS fense shall submit to Congress each year (at of the individual serving as Assistant Sec- FOLLOWING ACHIEVEMENT BY MILI- the same time the budget of the President retary of the Army for Financial Manage- TARY DEPARTMENTS OF AUDIT for a fiscal year is submitted to Congress in ment shall include, in addition to the respon- WITH UNQUALIFIED OPINION OF such year pursuant to section 1105 of title 31, sibilities specified in section 3016(b)(4) of STATEMENT OF BUDGETARY RE- United States Code) a report on the exercise SOURCES FOR FISCAL YEARS AFTER title 10, United States Code, such respon- FISCAL YEAR 2013. of the authority under this section during sibilities as the Deputy Secretary of Defense (a) IN GENERAL.—Subject to section the previous fiscal year. Each report under (acting in the capacity of Chief Management 1809(a)(1), if a military department obtains this subsection shall include, for the fiscal Officer of the Department of Defense) or a an audit with an unqualified opinion on its year covered by such report, the following: successor official in the Department of De- statement of budgetary resources for a fiscal (A) The amounts transferred under sub- fense (acting in such capacity) may pre- year after fiscal year 2013 (in this section re- section (d), including the total amount scribe. ferred to as a ‘‘covered fiscal year’’), the transferred and the amounts transferred to (3) ADDITIONAL QUALIFICATIONS AND RESPON- amount described in subsection (b) shall be each account to which transferred. SIBILITIES OF ASN FOR FINANCIAL MANAGE- available for the purposes specified in sub- (B) The purposes, and amounts, for which MENT.— section (c) at the end of such covered fiscal amounts transferred were used. (A) QUALIFICATIONS.—Any individual nomi- year without fiscal year limitation. (2) NOTICE ON PROCUREMENT.—Not later nated for appointment to the position of As- (b) AVAILABLE AMOUNT.—The amount de- than 30 days before using amounts available sistant Secretary of the Navy for Financial scribed in this subsection is the amount under subsection (a) for the procurement of Management under section 5016 of title 10, equal to five percent of the aggregate weapons or a weapon system, the Secretary United States Code, shall be an individual amount of unobligated appropriations avail- of the military department concerned shall who has served— able to the military department concerned submit to Congress a report, in writing, on (i) as the chief financial officer of a Fed- for a covered fiscal year that would other- the use of such amounts for that purpose. eral or State agency that has received an wise expire at the end of such covered fiscal Each report shall include a statement of the audit with an unqualified opinion on such year by law. weapons or weapon system to be procured agency’s financial statements during the (c) PURPOSES.— and the amount to be used for such procure- time of such individual’s service; or (1) IN GENERAL.—Except as provided in ment. (ii) as the chief financial officer of a public paragraph (2) and subject to paragraph (3), SEC. 1808. FAILURE TO OBTAIN AUDITS WITH UN- company that has received an audit with an amounts available under subsection (a) shall, QUALIFIED OPINION OF FISCAL unqualified opinion on such company’s finan- at the election of the Secretary of the mili- YEAR 2014 STATEMENT OF BUDG- cial statements during the time of such indi- tary department concerned, be available for ETARY RESOURCES OF THE DEPART- vidual’s service. purposes as follows: MENT OF DEFENSE. (B) RESPONSIBILITIES.—The responsibilities (A) Payment in accordance with applicable (a) IN GENERAL.—If the Department of De- of the individual serving as Assistant Sec- law of bonuses authorized by law (including fense fails to obtain an audit with an un- retary of the Navy for Financial Manage- awards authorized by subchapter I of chapter qualified opinion on its statement of budg- 45 of title 5, United States Code) for civilian etary resources for fiscal year 2014, the fol- ment shall include, in addition to the respon- employees of the military department, in- lowing shall take effect, effective as of the sibilities specified in section 5016(b)(4) of cluding employees determined to have made date of the issuance of the opinion on such title 10, United States Code, such respon- beneficial contributions to the achievement audit: sibilities as the Deputy Secretary of Defense of the mission of the military department. (1) ADDITIONAL QUALIFICATIONS AND DUTIES (acting in the capacity of Chief Management (B) Procurement of weapons and weapon OF USD (COMPTROLLER).— Officer of the Department of Defense) or a systems. (A) QUALIFICATIONS.—Any individual nomi- successor official in the Department of De- (C) Military education and training pro- nated for appointment to the position of fense (acting in such capacity) may pre- grams and activities of the military depart- Under Secretary of Defense (Comptroller) scribe. ment. under section 135 of title 10, United States (4) ADDITIONAL QUALIFICATIONS AND RESPON- (2) EXCLUSION.—Amounts available under Code, shall be an individual who has served— SIBILITIES OF ASAF FOR FINANCIAL MANAGE- subsection (a) shall not be available for pur- (i) as the chief financial officer of a Fed- MENT.— poses as follows: eral or State agency that has received an (A) QUALIFICATIONS.—Any individual nomi- (A) Research, development, test, and eval- audit with an unqualified opinion on such nated for appointment to the position of As- uation. agency’s financial statements during the sistant Secretary of the Air Force for Finan- (B) Military construction. time of such individual’s service; or cial Management under section 8016 of title (3) LIMITATIONS ON BONUSES.— (ii) as the chief financial officer of a public 10, United States Code, shall be an individual (A) LIMITATION ON BONUS AMOUNT.—The company that has received an audit with an who has served— amount of the bonus payable to a civilian unqualified opinion on such company’s finan- (i) as the chief financial officer of a Fed- employee of a military department under cial statements during the time of such indi- eral or State agency that has received an paragraph (1)(A) in any year may not exceed vidual’s service. audit with an unqualified opinion on such the amount equal to 25 percent of the base (B) DUTIES AND POWERS.—The duties and agency’s financial statements during the pay of the employee in such year. powers of the individual serving as Under time of such individual’s service; or (B) LIMITATION ON AGGREGATE AMOUNT OF Secretary of Defense (Comptroller) shall in- (ii) as the chief financial officer of a public BONUSES.—The total amount of bonuses pay- clude, in addition to the duties and powers company that has received an audit with an able to civilian employees of a military de- specified in section 135(c) of title 10, United unqualified opinion on such company’s finan- partment under paragraph (1)(A) in any year States Code, such duties and powers with re- cial statements during the time of such indi- may not exceed $5,000,000. spect to the financial management of the De- vidual’s service. (C) CONSTRUCTION.—Nothing in paragraph partment of Defense as the Deputy Secretary (B) RESPONSIBILITIES.—The responsibilities (1)(A) may be construed to authorize or pro- of Defense (acting in the capacity of Chief of the individual serving as Assistant Sec- vide for the payment of a bonus to an officer Management Officer of the Department of retary of the Air Force for Financial Man- or employee of a contractor of the Depart- Defense) or a successor official in the De- agement shall include, in addition to the re- ment of Defense. partment of Defense (acting in such capac- sponsibilities specified in section 8016(b)(4) of (d) TRANSFERS.— ity) may prescribe. title 10, United States Code, such respon- (1) IN GENERAL.—Notwithstanding any (2) ADDITIONAL QUALIFICATIONS AND RESPON- sibilities as the Deputy Secretary of Defense other provision of law, the Secretary of a SIBILITIES OF ASA FOR FINANCIAL MANAGE- (acting in the capacity of Chief Management military department may transfer amounts MENT.— Officer of the Department of Defense) or a described in subsection (b) that are available (A) QUALIFICATIONS.—Any individual nomi- successor official in the Department of De- under subsection (a) among accounts of the nated for appointment to the position of As- fense (acting in such capacity) may pre- military department for purposes of exer- sistant Secretary of the Army for Financial scribe. cising the authority in subsection (a) with Management under section 3016 of title 10, (b) PUBLIC COMPANY DEFINED.—In this sec- respect to such amounts. Amounts so trans- United States Code, shall be an individual tion, the term ‘‘public company’’ has the ferred shall be merged with amounts in the who has served— meaning given the term ‘‘issuer’’ in section account or fund to which transferred and (i) as the chief financial officer of a Fed- 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 shall be available under the same terms and eral or State agency that has received an U.S.C. 7201(a)(7)). conditions as the amounts with which audit with an unqualified opinion on such SEC. 1809. FAILURE TO OBTAIN AUDITS WITH UN- merged for the purposes specified in sub- agency’s financial statements during the QUALIFIED OPINION OF FISCAL section (c). time of such individual’s service; or YEAR 2017 FINANCIAL STATEMENTS (2) NO NEW APPROPRIATION.—A transfer (ii) as the chief financial officer of a public OF THE DEPARTMENT OF DEFENSE. under paragraph (1) shall not be treated as a company that has received an audit with an (a) MILITARY DEPARTMENTS.—

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(1) CESSATION OF AUTHORITIES ON RE- ‘‘(E) Internal audits and management anal- the Treasury shall jointly enter into a PROGRAMMING AND AVAILABILITY OF FUNDS.— yses of the programs and activities of the memorandum of understanding regarding the If a military department fails to obtain an Department, including the Defense Contract transfer of jurisdiction of the Defense Fi- audit with an unqualified opinion on its fi- Audit Agency. nance and Accounting Service under this nancial statements for fiscal year 2017, effec- ‘‘(F) Such other areas or matters as the paragraph. The memorandum of under- tive as of the date of the issuance of the Secretary of Defense may designate. standing shall provide for the transfer of the opinion on such audit, the authorities in sec- ‘‘(3) The head of the Defense Contract personnel and other resources of the Service tions 1806 and 1807 shall cease to be available Audit Agency shall be under the supervision to the Department of the Treasury and for to the military department for fiscal year of, and shall report directly to, the Chief the assumption of responsibility for such 2017 or any fiscal year thereafter. Management Officer. personnel and resources by the Department (2) PROHIBITION ON EXPENDITURE OF FUNDS ‘‘(d) PRECEDENCE.—The Chief Management of the Treasury. FOR CERTAIN MDAPS PAST MILESTONE B.— Officer takes precedence in the Department (D) CONSTRUCTION.—Nothing in this para- of Defense after the Secretary of Defense and (A) PROHIBITION.—If a military department graph shall be construed as terminating, al- fails to obtain an audit with an unqualified the Deputy Secretary of Defense.’’. tering, or revising any responsibilities or au- opinion on its financial statements for fiscal (B) CONFORMING AMENDMENTS.— thorities of the Defense Finance and Ac- (i) Section 131(b) of title 10, United States year 2017, effective as of the date of the counting Service (other than responsibilities Code, is amended— issuance of the opinion on such audit, and authorities in connection with the exer- (I) by striking paragraph (3); amounts may not be expended by the mili- cise of jurisdiction of the Service following (II) by redesignating paragraph (2) as para- tary department for a weapon or weapon sys- transfer under this paragraph). graph (3); and tem or platform being acquired as a major (III) by inserting after paragraph (1) the SEC. 1810. ENTERPRISE RESOURCE PLANNING. defense acquisition program for any activity following new paragraph (2): The Secretary of Defense shall amend the beyond Milestone B approval unless such ‘‘(2) The Chief Management Officer of the acquisition guidance of the Department of program has already achieved Milestone B Department of Defense.’’. Defense to provide for the following: approval of the date of the issuance of the (ii) Section 132 of such title is amended— (1) The Defense Business System Manage- opinion on such audit. (I) by striking subsection (c); and ment Committee may not approve procure- (B) DEFINITIONS.—In this paragraph: (II) by redesignating subsections (d) and (e) ment of any Enterprise Resource Planning (i) The term ‘‘major defense acquisition as subsections (c) and (d), respectively. (ERP) business system that is independently program’’ has the meaning given that term (iii) Section 133(e)(1) of such title is amend- estimated to take longer than three years to in section 2430 of title 10, United States ed by striking ‘‘and the Deputy Secretary of procure from initial obligation of funds to Code. Defense’’ and inserting ‘‘, the Deputy Sec- full deployment and sustainment. (ii) The term ‘‘Milestone B approval’’ has retary of Defense, and the Chief Management (2) Any contract for the acquisition of an the meaning given that term in section Officer of the Department of Defense’’. Enterprise Resource Planning business sys- 2366(e)(7) of title 10, United States Code. (iv) Such title is further amended by in- tem shall include a provision authorizing (b) DEPARTMENT OF DEFENSE.—If the De- serting ‘‘the Chief Management Officer of termination of the contract at no cost to the partment of Defense fails to obtain an audit the Department of Defense,’’ after ‘‘the Dep- Government if procurement of the system with an unqualified opinion on its financial uty Secretary of Defense,’’ each place it ap- takes longer than three years from initial statements for fiscal year 2017, the following pears in the provisions as follows: obligation of funds to full deployment and shall take effect, effective as of the date of (I) Section 133(e)(2). sustainment. the issuance of the opinion on such audit: (II) Section 134(c). (3) The Deputy Secretary of Defense (act- (1) REORGANIZATION OF RESPONSIBILITIES OF (v) Section 137a(d) of such title is amended ing in the capacity of Chief Management Of- CHIEF MANAGEMENT OFFICER.— by striking ‘‘the Secretaries of the military ficer of the Department of Defense) or a suc- (A) POSITION OF CHIEF MANAGEMENT OFFI- departments,’’ and all that follows and in- cessor official in the Department of Defense CER.—Section 132a of title 10, United States serting ‘‘the Chief Management Officer of (acting in such capacity) shall have the au- Code, is amended to read as follows: the Department of Defense, the Secretaries thority to replace any program manager ‘‘§ 132a. Chief Management Officer of the military departments, and the Under (whether in a military department or a De- ‘‘(a) IN GENERAL.—(1) There is a Chief Man- Secretaries of Defense.’’. fense Agency) for the procurement of an En- agement Officer of the Department of De- (vi) Section 138(d) of such title is amended terprise Resource Planning business system fense, appointed from civilian life by the by striking ‘‘the Secretaries of the military if procurement of the system takes longer President, by and with the advice and con- departments,’’ and all that follows through than three years from initial obligation of sent of the Senate. the period and inserting ‘‘the Chief Manage- funds to full deployment and sustainment. ‘‘(2) Any individual nominated for appoint- ment Officer of the Department of Defense, (4) Any integrator contract for the imple- ment as Chief Management Officer shall be the Secretaries of the military departments, mentation of an Enterprise Resource Plan- an individual who has— the Under Secretaries of Defense, and the Di- ning business system shall only be awarded ‘‘(A) extensive executive level leadership rector of Defense Research and Engineer- to companies that have a history of success- and management experience in the public or ing.’’. ful implementation of other Enterprise Re- private sector; (C) CLERICAL AMENDMENT.—The table of source Planning business systems for the ‘‘(B) strong leadership skills; sections at the beginning of chapter 4 of such Federal Government (whether with the De- ‘‘(C) a demonstrated ability to manage title is amended by striking the item relat- partment of Defense or another department large and complex organizations; and ing to section 132a and inserting the fol- or agency of the Federal Government), in- ‘‘(D) a proven record in achieving positive lowing new item: cluding meeting cost and schedule goals. operational results. ‘‘132a. Chief Management Officer.’’. ‘‘(b) POWERS AND DUTIES.—The Chief Man- (D) EXECUTIVE SCHEDULE.—Section 5313 of SA 3112. Mr. BROWN of Ohio (for agement Officer shall perform such duties title 5, United States Code, is amended by himself and Mr. BOOZMAN) submitted and exercise such powers as the Secretary of adding at the end the following: an amendment intended to be proposed Defense may prescribe. ‘‘Chief Management Officer of the Depart- by him to the bill S. 3254, to authorize ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- ment of Defense.’’. appropriations for fiscal year 2013 for CER.—(1) The Chief Management Officer is (E) REFERENCE IN LAW.—Any reference in military activities of the Department the Chief Management Officer of the Depart- any provision of law to the Chief Manage- ment of Defense. ment Officer of the Department of Defense of Defense, for military construction, ‘‘(2) In serving as the Chief Management shall be deemed to refer to the Chief Man- and for defense activities of the De- Officer of the Department of Defense, the agement Officer of the Department of De- partment of Energy, to prescribe mili- Chief Management Officer shall be respon- fense under section 132a of title 10, United tary personnel strengths for such fiscal sible for the management and administra- States Code (as amended by this paragraph). year, and for other purposes; which was tion of the Department of Defense with re- (2) JURISDICTION OF DFAS.— ordered to lie on the table; as follows: spect to the following: (A) TRANSFER TO DEPARTMENT OF TREAS- At the end of subtitle D of title VII, add ‘‘(A) The expenditure of funds, accounting, URY.—Jurisdiction of the Defense Finance the following: and finance. and Accounting Service (DFAS) is trans- ‘‘(B) Procurement, including procurement ferred from the Department of Defense to the SEC. 735. INCLUSION OF DEPARTMENT OF VET- ERANS AFFAIRS IN VISION CENTER of any enterprise resource planning (ERP) Department of the Treasury. OF EXCELLENCE IN THE PREVEN- system and any information technology (IT) (B) ADMINISTRATION.—The Secretary of the TION, DIAGNOSIS, MITIGATION, system that is a financial feeder system, Treasury shall administer the Defense Fi- TREATMENT, AND REHABILITATION human resources system, or logistics system. nance and Accounting Service following OF MILITARY EYE INJURIES. ‘‘(C) Facilities, property, nonmilitary transfer under this paragraph through the (a) IN GENERAL.—Subsection (a) of section equipment, and other resources. Financial Management Service of the De- 1623 of the Wounded Warrior Act (title XVI ‘‘(D) Strategic planning, and annual per- partment of Treasury. of Public Law 110–181; 10 U.S.C. 1071 note) is formance planning. and identification and (C) MEMORANDUM OF UNDERSTANDING.—The amended by striking ‘‘shall establish within tracking of performance measures. Secretary of Defense and the Secretary of the Department of Defense’’ and inserting

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(C) another provision of law authorizing such sale or transfer. shall ensure that the center collaborates to (a) PROGRAM AUTHORIZED.—The Secretary the maximum extent practicable with the of Defense may carry out a program to re- (2) SECRETARY OF STATE CONCURRENCE RE- Secretary of Veterans Affairs,’’ and inserting pair, overhaul, or refurbish in-stock defense QUIRED FOR CERTAIN SALES OR TRANSFERS TO ‘‘Secretary of Defense and the Secretary of articles in anticipation of the sale or trans- FOREIGN COUNTRIES.—If the sale or transfer of Veterans Affairs shall jointly ensure that fer of such defense articles to eligible foreign defense articles occurs in accordance with a the center collaborates to the maximum ex- countries or international organizations provision of law referred to in paragraph tent practicable with the Department of De- under law. (1)(C) that does not otherwise require the fense, the Department of Veterans Affairs,’’. (b) FUND FOR SUPPORT OF PROGRAM AU- concurrence of the Secretary of State for the THORIZED.—The Secretary of Defense may es- sale or transfer, the sale or transfer may be (c) RESPONSIBILITIES.—Subsection (c) of tablish and administer a fund to be known as made only with the concurrence of the Sec- such section is amended— the ‘‘Special Defense Repair Fund’’ (in this retary of State. (1) in paragraph (1)— section referred to as the ‘‘Fund’’) to support (f) TRANSFERS OF AMOUNTS.— (A) in subparagraph (A) by striking ‘‘, as the program authorized by subsection (a). (1) TRANSFER TO OTHER DEPARTMENT OF DE- developed by the Secretary of Defense,’’ and (c) CREDITS TO FUND.— FENSE ACCOUNTS.—Amounts in the Fund may inserting ‘‘and the Department of Veterans (1) IN GENERAL.—Subject to paragraphs (2) be transferred to any Department of Defense Affairs’’; and (3), the following shall be credited to the account used to carry out the program au- (B) by inserting ‘‘the Secretary of Defense Fund: thorized by subsection (a). Any amount so and’’ before ‘‘the Secretary of Veterans Af- (A) Subject to applicable provisions of ap- transferred shall be merged with amounts in fairs’’ each place it appears; and propriations Acts, such amounts, not to ex- the account to which transferred, and shall (C) in subparagraph (C), by striking ‘‘the ceed $48,400,000 per fiscal year, from amounts be available for the same purposes and the Veterans Health Administration’’ and insert- authorized to be appropriated for the Depart- same time period as amounts in the account ing ‘‘the Department of Defense or the De- ment of Defense for operation and mainte- to which transferred. partment of Veterans Affairs’’; and nance for the Army as the Secretary of De- (2) TRANSFER FROM OTHER DEPARTMENT OF (2) in paragraph (2), by striking ‘‘ ‘Military fense considers appropriate. DEFENSE ACCOUNTS.—Upon a determination Eye Injury Registry’ ’’ and inserting ‘‘ ‘De- (B) Notwithstanding section 114(c) of title by the Secretary of Defense with respect to fense and Veterans Eye Injury Registry’ ’’. 10, United States Code, any collection from an amount transferred under paragraph (1) (d) INCLUSION OF CERTAIN RECORDS IN REG- the sale or transfer of defense articles from that all or part of such transfer is not nec- ISTRY.—Subsection (e) of such section is Department of Defense stocks repaired, over- essary for the purposes transferred, such amended by striking ‘‘the Secretary con- hauled, or refurbished with amounts from amount may be transferred back to the siders’’ and inserting ‘‘the Secretary of De- the Fund that are not intended to be re- Fund. Any amount so transferred shall be fense and the Secretary of Veterans Affairs placed which sale or transfer is made pursu- merged with amounts in the Fund, and shall jointly consider’’. ant to section 21(a)(1)(A) of the Arms Export remain available until expended. Control Act (22 U.S.C. 2761(a)(1)(A)), the For- (g) CERTAIN EXCESS PROCEEDS TO BE CRED- eign Assistance Act of 1961 (22 U.S.C. 2151 et ITED TO SPECIAL DEFENSE ACQUISITION SA 3113. Mr. BROWN of Ohio sub- seq.), or another provision of law. FUND.—Any collection from the sale or mitted an amendment intended to be (C) Notwithstanding section 37(a) of the transfer of defense articles that are not in- proposed by him to the bill S. 3254, to Arms Export Control Act (22 U.S.C. 2777(a)), tended to be replaced in excess of the authorize appropriations for fiscal year any cash payment from the sale or transfer amount creditable to the Fund under sub- 2013 for military activities of the De- of defense articles from Department of De- section (c)(2)(A) shall be credited to the Spe- fense stocks repaired, overhauled, or refur- cial Defense Acquisition Fund established partment of Defense, for military con- bished with amounts from the Fund that are pursuant to chapter 5 of the Arms Export struction, and for defense activities of intended to be replaced. Control Act (22 U.S.C. 2795 et seq.). the Department of Energy, to prescribe (2) LIMITATION ON AMOUNTS CREDITABLE (h) REPORTS.— military personnel strengths for such FROM SALE OR TRANSFER OF ARTICLES.— (1) ANNUAL REPORT.—Not later than 45 days fiscal year, and for other purposes; (A) CREDITS IN CONNECTION WITH ARTICLES after the end of each fiscal year through the which was ordered to lie on the table; NOT TO BE REPLACED.—The amount credited date of expiration specified in subsection (j), the Secretary of Defense shall submit to the as follows: to the Fund under paragraph (1)(B) in con- nection with a collection from the sale or congressional defense committees a report At the end of subtitle E of title VIII, add transfer of defense articles may not exceed on the authorities under this section during the following: the cost incurred by the Department of De- such fiscal year. Each report shall include, for the fiscal year covered by such report, SEC. 888. SMALL BUSINESS HUBZONES. fense in repairing, overhauling, or refur- bishing such defense articles under the pro- the following: (a) DEFINITION.—In this section, the term gram authorized by subsection (a). (A) The types and quantities of defense ar- ‘‘covered base closure area’’ means a base (B) CREDITS IN CONNECTION WITH ARTICLES ticles repaired, overhauled, or refurbished closure area that, on or before the date of en- TO BE REPLACED.—The amount credited to under the program authorized by subsection actment of this Act, was treated as a the Fund under paragraph (1)(C) in connec- (a). HUBZone for purposes of the Small Business tion with a sale or transfer of defense arti- (B) The value of the repair, overhaul, or re- Act (15 U.S.C. 631 et seq.) pursuant to section cles may not exceed the amounts from the furbishment performed under the program. 152(a)(2) of the Small Business Reauthoriza- Fund used to repair, overhaul, or refurbish (C) The amount of operation and mainte- tion and Manufacturing Assistance Act of such defense articles. nance funds credited to the Fund under sub- 2004 (15 U.S.C. 632 note). (3) LIMITATION ON SIZE OF FUND.—The total section (c)(1)(A). (b) TREATMENT AS HUBZONE.—A covered amount in the Fund at any time may not ex- (D) The amount of any collections from the base closure area shall be treated as a ceed $50,000,000. sale or transfer of defense articles repaired, HUBZone for purposes of the Small Business (4) TREATMENT OF AMOUNTS CREDITED.— overhauled, or refurbished under the pro- Act (15 U.S.C. 631 et seq.) during the 5-year Amounts credited to the Fund under this gram that was credited to the Fund under period beginning on the date of enactment of subsection shall be merged with amounts in subsection (c)(1)(B). this Act. the Fund, and shall remain available until (E) The amount of any cash payments from expended. the sale or transfer of defense articles re- (d) NONAVAILABILITY OF AMOUNTS IN FUND paired, overhauled, or refurbished under the SA 3114. Mr. LEVIN submitted an FOR STORAGE, MAINTENANCE, AND RELATED program that was credited to the Fund under amendment intended to be proposed by COSTS.—Following the repair, overhaul, or subsection (c)(1)(C). him to the bill S. 3254, to authorize ap- refurbishment of defense articles under the (2) ASSESSMENT REPORT.—Not later than propriations for fiscal year 2013 for program authorized by subsection (a), February 1, 2015, the Secretary of Defense military activities of the Department amounts in the Fund may not be used to pay shall submit to the congressional defense costs of storage and maintenance of such de- committees a report on the operation of the of Defense, for military construction, fense articles or any other costs associated authorities in this section. The report shall and for defense activities of the De- with the preservation or preparation for sale include an assessment of the effectiveness of partment of Energy, to prescribe mili- or transfer of such defense articles. the authorities in meeting the objectives of tary personnel strengths for such fiscal (e) SALES OR TRANSFERS OF DEFENSE ARTI- the program authorized by subsection (a). year, and for other purposes; which was CLES.— (i) DEFENSE ARTICLE DEFINED.—In this sec- ordered to lie on the table; as follows: (1) IN GENERAL.—Any sale or transfer of de- tion, the term ‘‘defense article’’ has the fense articles repaired, overhauled, or refur- meaning given that term in section 47(3) of At the end of subtitle D of title XII, add bished under the program authorized by sub- the Arms Export Control Act (22 U.S.C. the following: section (a) shall be in accordance with— 2794(3)).

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(j) EXPIRATION OF AUTHORITY.—The author- (b) CONFORMING AMENDMENT.—Section (i) by striking ‘‘shall purchase’’ and insert- ity to carry out the program authorized by 1029(b) of such Act (125 Stat. 1570) is amended ing ‘‘may purchase’’; and subsection (a), and to use amounts in the by striking ‘‘applies to’’ and all that follows (ii) by inserting ‘‘and services’’ after ‘‘such Fund in support of the program, shall expire through ‘‘any other person’’ and inserting products’’; and on September 30, 2015. ‘‘applies to any person’’. (B) in subsection (c), by striking ‘‘subject (k) FUNDING FOR FISCAL YEAR 2013.—Of the to the requirements of subsection (a)’’ and amounts authorized to be appropriated for SA 3116. Mr. UDALL of Colorado (for inserting ‘‘that purchases such products or fiscal year 2013 by section 1504 for Overseas himself and Mr. LEAHY) submitted an services of the industries authorized by this Contingency Operations and available for op- amendment intended to be proposed by chapter’’. eration and maintenance for the Army as him to the bill S. 3254, to authorize ap- (2) TECHNICAL AND CONFORMING AMEND- specified in funding table in section 4302, propriations for fiscal year 2013 for MENT.—Section 8504(b) of title 41, United $48,400,000 shall be available for deposit in States Code, is amended by striking ‘‘and the Fund pursuant to subsection (c)(1)(A), military activities of the Department that is required under section 4124 of title 18 with the amount of the deposit to be attrib- of Defense, for military construction, to be procured from that industry’’. utable to amounts otherwise so available for and for defense activities of the De- (b) PROHIBITION ON AWARD OF CERTAIN CON- the YMQ–18A unmanned aerial vehicle, partment of Energy, to prescribe mili- TRACTS TO FEDERAL PRISON INDUSTRIES, which has been cancelled. tary personnel strengths for such fiscal INC..—Notwithstanding any other provision year, and for other purposes; which was of law, a Federal agency may not award a SA 3115. Mr. UDALL of Colorado (for ordered to lie on the table; as follows: contract to Federal Prison Industries after himself and Mr. LEAHY) submitted an competition restricted to small business con- At the end of subtitle D of title X, add the cerns under section 15 of the Small Business amendment intended to be proposed by following: him to the bill S. 3254, to authorize ap- Act (15 U.S.C. 644) or the program estab- SEC. 1032. CLARIFICATION OF RULE OF CON- propriations for fiscal year 2013 for lished under section 8(a) of the Small Busi- STRUCTION APPLICABLE TO AFFIR- ness Act (15 U.S.C. 637(a)). military activities of the Department MATION OF AUTHORITY FOR THE (c) SHARE OF INDEFINITE DELIVERY/INDEFI- of Defense, for military construction, ARMED FORCES TO DETAIN COV- ERED PERSONS PURSUANT TO THE NITE QUANTITY CONTRACTS.— and for defense activities of the De- AUTHORIZATION FOR USE OF MILI- (1) IN GENERAL.—Not later than 180 days partment of Energy, to prescribe mili- TARY FORCE. after the date of the enactment of this Act, tary personnel strengths for such fiscal Section 1021(e) of the National Defense Au- the Federal Acquisition Regulatory Council year, and for other purposes; which was thorization Act for Fiscal Year 2012 (Public shall amend the Federal Acquisition Regula- ordered to lie on the table; as follows: Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) tion to require that if the head of an execu- tive agency reduces the quantity of items to At the end of subtitle D of title X, add the is amended— be delivered under an indefinite delivery/in- following: (1) by striking ‘‘in this section’’ and insert- ing ‘‘in this Act or the Authorization for Use definite quantity contract to which Federal SEC. 1032. DISPOSITION OF COVERED PERSONS of Military Force’’; and Prison Industries is a party, the head of the DETAINED IN THE UNITED STATES PURSUANT TO THE AUTHORIZATION (2) by striking ‘‘to affect existing law or executive agency shall reduce Federal Prison FOR USE OF MILITARY FORCE. authorities relating to’’ and inserting ‘‘to Industries’s share of the items to be deliv- Section 1021 of the National Defense Au- authorize’’. ered under the contract by the same percent- thorization Act for Fiscal Year 2012 (Public age by which the total number of items to be Law 112–81; 125 Stat. 1562; 10 U.S.C. 801 note) SA 3117. Mr. HATCH (for himself, Mr. delivered under the contract from all sources is amended— CHAMBLISS, and Mr. LEE) submitted an is reduced. (1) in subsection (c), by striking ‘‘The amendment intended to be proposed by (2) DEFINITIONS.—In this subsection— disposition’’and inserting ‘‘Except as pro- him to the bill S. 3254, to authorize ap- (A) the term ‘‘executive agency’’ has the meaning given the term in section 133 of vided in subsection (g), the disposition’’; and propriations for fiscal year 2013 for (2) by adding at the end the following new title 41, United States Code; and military activities of the Department (B) the term ‘‘Federal Acquisition Regu- subsections: of Defense, for military construction, ‘‘(g) DISPOSITION OF COVERED PERSONS DE- latory Council’’ means the Federal Acquisi- TAINED IN THE UNITED STATES.— and for defense activities of the De- tion Regulatory Council established under ‘‘(1) PERSONS DETAINED PURSUANT TO THIS partment of Energy, to prescribe mili- section 1302(a) of title 41, United States ACT, THE AUTHORIZATION FOR USE OF MILITARY tary personnel strengths for such fiscal Code. FORCE, OR THE NATIONAL DEFENSE AUTHORIZA- year, and for other purposes; which was TION ACT FOR FISCAL YEAR 2013.—In the case of ordered to lie on the table; as follows: SA 3119. Mr. PAUL submitted an amendment intended to be proposed by a covered person who is detained in the At the end of subtitle C of title III, add the United States pursuant to this Act, the Au- following: him to the bill S. 3254, to authorize ap- thorization for Use of Military Force, or the propriations for fiscal year 2013 for National Defense Authorization Act for Fis- SEC. 322. INCLUSION OF SENIOR OFFICIALS AT AIR LOGISTICS COMPLEXES IN RAT- military activities of the Department cal Year 2013, disposition under the law of ING CHAINS FOR SYSTEM PROGRAM of Defense, for military construction, war shall occur immediately upon the person MANAGERS. and for defense activities of the De- coming into custody of the United States Notwithstanding any other provision of Government and shall only mean the imme- partment of Energy, to prescribe mili- law, the rating chain for a system program tary personnel strengths for such fiscal diate transfer of the person for trial and pro- manager may include, at any level, any sen- ceedings with all the due process rights as ior official located at an Air Logistics Com- year, and for other purposes; which was provided for under the Constitution of the plex where the system program manager is ordered to lie on the table; as follows: United States. based. At the end of subtitle H of title X, add the ‘‘(2) PROHIBITION ON TRANSFER TO MILITARY following: CUSTODY.—No person detained, captured, or SA 3118. Mr. PAUL submitted an SEC. 1084. IMPROVED ENUMERATION OF MEM- arrested in the United States, or a territory amendment intended to be proposed by BERS OF THE ARMED FORCES IN or possession of the United States, may be him to the bill S. 3254, to authorize ap- ANY TABULATION OF TOTAL POPU- transferred to the custody of the Armed LATION BY SECRETARY OF COM- Forces for detention under this Act, the Au- propriations for fiscal year 2013 for MERCE. thorization for Use of Military Force, or the military activities of the Department (a) IN GENERAL.—Section 141 of title 13, National Defense Authorization Act for Fis- of Defense, for military construction, United States Code, is amended— cal Year 2013. and for defense activities of the De- (1) by redesignating subsection (g) as sub- ‘‘(h) RULE OF CONSTRUCTION.—This section partment of Energy, to prescribe mili- section (h); and shall not be construed to authorize the de- tary personnel strengths for such fiscal (2) by inserting after subsection (f) the fol- tention of a person within the United States, year, and for other purposes; which was lowing: or a territory or possession of the United ordered to lie on the table; as follows: ‘‘(g) Effective beginning with the 2020 de- States, under this Act, the Authorization for cennial census of population, in taking any Use of Military Force, or the National De- At the end of subtitle E of title VIII, add tabulation of total population by States, the fense Authorization Act for Fiscal Year the following: Secretary shall take appropriate measures to 2013.’’. SEC. 888. FEDERAL PRISON INDUSTRIES. ensure, to the maximum extent practicable, SEC. 1033. REPEAL OF REQUIREMENT FOR MILI- (a) PURCHASE OF PRISON-MADE PRODUCTS BY that all members of the Armed Forces de- TARY CUSTODY. FEDERAL DEPARTMENTS.— ployed abroad on the date of taking such (a) REPEAL.—Section 1022 of the National (1) REPEAL OF PURCHASE REQUIREMENT.— tabulation are— Defense Authorization Act for Fiscal Year Section 4124 of title 18, United States Code, ‘‘(1) fully and accurately counted; and 2012 (Public Law 112–81; 125 Stat. 1563; 10 is amended— ‘‘(2) properly attributed to the State in U.S.C. 801 note) is hereby repealed. (A) in subsection (a)— which their residence at their permanent

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7099 duty station or homeport is located on such (8) among existing Federal Government year, and for other purposes; which was date.’’. bands, the spectrum between 1755–1780 MHz is ordered to lie on the table; as follows: (b) CONSTRUCTION.—The amendments made particularly well-suited for reallocation to by subsection (a) shall not be construed to At the end of subtitle D of title XII, add commercial use because it is identified inter- the following: affect the residency status of any member of nationally for commercial mobile services the Armed Forces under any provision of law and is used for that purpose throughout most SEC. 1246. SENSE OF THE SENATE ON THE other than title 13, United States Code. ISRAELI IRON DOME DEFENSIVE of the world and because it is immediately WEAPON SYSTEM. adjacent to existing domestic wireless spec- SA 3120. Mr. THUNE submitted an (a) FINDINGS.—The Senate makes the fol- trum and would fit seamlessly into the cur- lowing findings: amendment intended to be proposed by rent mobile broadband spectrum portfolio al- him to the bill S. 3254, to authorize ap- (1) The citizens of Israel have suffered lowing for more immediate equipment devel- under a continual barrage of missiles, rock- propriations for fiscal year 2013 for opment and deployment; ets, and mortar shells from the Hamas-con- military activities of the Department (9) the Department of Defense should pre- trolled Gaza Strip. of Defense, for military construction, pare a long term plan in consultation with (2) Hamas has been designated by the Sec- and for defense activities of the De- relevant agencies and private sector stake- retary of State as a Foreign Terrorist Orga- partment of Energy, to prescribe mili- holders to determine equitable outcomes for nization. tary personnel strengths for such fiscal the Nation in relation to spectrum use that (3) Hamas and other terrorist groups in year, and for other purposes; which was balances the private sector’s demand for Gaza have routinely used human shields and spectrum with national security needs; ordered to lie on the table; as follows: launched rockets from civilian areas. (10) in most cases Federal operations can (4) Israel has gone to extraordinary lengths At the appropriate place, insert the fol- and should be relocated from this band, pos- to avoid Palestinian civilian casualties, in- lowing: sibly except for a limited subset of oper- cluding aborting attacks on military targets SEC. lll. SENSE OF CONGRESS REGARDING ations in rural areas where a Federal Gov- SPECTRUM REALLOCATION. because of the presence of civilians, alerting ernment station cannot be relocated without civilians to leave areas of potential conflict, It is the sense of Congress that— jeopardizing essential military capability; (1) the Nation’s mobile communications in- and allowing the importation of medical and (11) auctioning this band on a paired basis other supplies into Gaza. dustry is a significant economic engine, by with the band between 2155–2180 MHz that one estimate directly or indirectly sup- (5) Israel faces additional rocket and mis- was designated for auction under the Middle sile threats from Lebanon and Syria. porting 3,800,000 jobs, or 2.6 percent of all Class Tax Relief and Job Creation Act of 2012 United States employment, contributing (6) The Government of Iran has supplied would permit alignment with existing serv- Hamas with advanced longer range missiles $195,500,000,000 to the United States gross do- ices, facilitate faster deployment of services, mestic product and driving $33,000,000,000 in such as the Fajar–5. maximize efficient use of the spectrum, and (7) Hamas has deployed these weapons to productivity improvements in 2011; yield more dollars in auction revenues than (2) while wireless carriers are continually be fired from within their own civilian popu- if the 1755–1780 MHz were auctioned by itself; implementing new and more efficient tech- lation. (12) the President should therefore expedi- nologies and techniques to maximize their (8) The Government of Israel, taking seri- tiously direct Federal users on the 1755–1780 existing spectrum capacity, there is a press- ously the threat of short range rockets and MHz band to prepare, not later than May 31, ing need for additional spectrum for com- mortars, designed, developed, and produced 2013, a relocation plan that includes the mercial mobile broadband services, with one the Iron Dome system to address those costs of relocating from this band; and report predicting that global mobile data threats. (13) the Federal Communications Commis- traffic will increase 18-fold between 2011 and (9) The Iron Dome system has successfully sion reallocate this band to commercial use 2016 at a compound annual growth rate of 78 intercepted hundreds of rockets targeting and auction it on a paired basis with the percent, reaching 10.8 exabytes per month by population centers in Israel. 2016; band between 2155–2180 MHz. (10) The Iron Dome system has maintained (3) as the Nation faces the current spec- a success rate of close to 90 percent. trum shortage, consideration should be given SA 3121. Mr. WICKER submitted an (11) The Government of Israel currently to both the supply of spectrum for licensed amendment intended to be proposed by maintains 5 Iron Dome batteries, a number networks and for unlicensed devices; him to the bill S. 3254, to authorize ap- insufficient to protect all of Israel. (4) while this additional demand can be propriations for fiscal year 2013 for (12) It appears that approximately 10 addi- met in part by reallocating spectrum from military activities of the Department tional Iron Dome batteries are needed to pro- existing non-governmental uses, the re- of Defense, for military construction, tect all of Israel. allocation of Federal Government spectrum and for defense activities of the De- (13) The United States Government, recog- for commercial use must also be part of the partment of Energy, to prescribe mili- nizing the threat to Israeli citizens and de- solution, given that, according to a 2012 Gov- sirous of promoting peace, approved funding ernment Accountability Office study, the tary personnel strengths for such fiscal to assist the Government of Israel in pro- percentage of the most highly valued spec- year, and for other purposes; which was curing Iron Dome batteries. trum, that below 3700 MHz, used exclusively ordered to lie on the table; as follows: (14) Israel maintains a significant inven- or predominantly by the Federal Govern- At the end of subtitle E of title XXVIII, tory of Iron Dome interceptors which has ment ranges from approximately 39 percent add the following: been reduced due to attacks from Gaza. to 57 percent with exclusive Government use SEC. 2844. ADDITIONAL EXEMPTIONS FROM CER- (15) Israel used a significant number of pre- accounting for 18 percent of the total TAIN REQUIREMENTS APPLICABLE cision-guided munitions in order to destroy amount of spectrum below 3700 MHz; TO FUNDING FOR DATA SERVERS military targets while minimizing civilian (5) existing law ensures that Federal oper- AND CENTERS. casualties in its recent defensive effort in ations are not harmed as a result of a re- Section 2867(c) of the Military Construc- Gaza. allocation of spectrum for commercial use, tion Authorization Act for Fiscal Year 2012 (16) President Barack Obama has expressed including through the establishment of the (division B of Public Law 112–81; 125 Stat. his intention to seek additional funding for Spectrum Relocation Fund to reimburse 1706; 10 U.S.C. 2223a note) is amended— Iron Dome and other United States-Israel Federal users for the costs of planning and (1) by striking ‘‘EXCEPTION.—The Chief’’ missile defense systems. implementing relocation and, with respect and inserting the following: ‘‘EXCEPTIONS.— (b) SENSE OF THE SENATE.—The Senate— to spectrum vacated by the Department of ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; (1) reaffirms its commitment to the secu- Defense, certification by the Secretaries of and rity of our ally and strategic partner, Israel; Defense and Commerce and the Chairman of (2) by inserting at the end the following (2) fully supports Israel’s right to defend the Joint Chiefs of Staff that replacement new paragraph: itself against acts of terrorism; spectrum provides comparable technical ‘‘(2) HIGH PERFORMANCE COMPUTING MOD- (3) sympathizes with the families of characteristics to restore essential military ERNIZATION PROGRAM.—This section does not Israelis who have come under the indiscrimi- capability; apply to the high performance computing nate rocket fire from Hamas-controlled (6) wherever possible, Federal Government modernization program.’’. Gaza; spectrum identified for commercial use (4) recognizes the exceptional success of should be reallocated for such use; SA 3122. Mr. WICKER submitted an the Iron Dome Missile Defense system in de- (7) commercial users should only be re- amendment intended to be proposed by fending the population of Israel; quired to share spectrum with government him to the bill S. 3254, to authorize ap- (5) desires to help ensure that Israel has users as a transition mechanism while spec- propriations for fiscal year 2013 for the means to defend itself against terrorist trum is being cleared by Federal users or in military activities of the Department attacks, including through the acquisition of limited exclusion zones where relocation of additional Iron Dome batteries and intercep- existing Federal uses is not feasible, or of Defense, for military construction, tors; and where it can be determined that sharing will and for defense activities of the De- (6) urges the Departments of Defense and not significantly impair use of the spectrum partment of Energy, to prescribe mili- State to explore with their Israeli counter- for broadband services; tary personnel strengths for such fiscal parts and alert the Senate of any needs the

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7100 CONGRESSIONAL RECORD — SENATE November 28, 2012 Israeli Defense Force may have for addi- for fiscal year 2013 for military activi- as fees equal to or greater than the employ- tional Iron Dome batteries, interceptors, or ties of the Department of Defense, for ee’s monthly salary, or recruitment fees that other equipment depleted during the current military construction, and for defense violate the laws of the country from which conflict. activities of the Department of Energy, an employee is recruited. ‘‘(V) Providing or arranging housing that SA 3123. Mr. KYL (for himself, Mr. to prescribe military personnel fails to meet the host country housing and LIEBERMAN, Mr. INHOFE, Mr. RISCH, Mr. strengths for such fiscal year, and for safety standards.’’. LUGAR, Mr. DEMINT, Mr. CORNYN, Mr. other purposes; which was ordered to (b) EFFECTIVE DATE.—The amendment RUBIO, Mr. WICKER, Ms. AYOTTE, Ms. lie on the table; as follows: made by subsection (a) shall take effect 90 COLLINS, Mr. SESSIONS, Mr. VITTER, and At the end of title VIII, add the following: days after the date of the enactment of this Act. Mr. CORKER) proposed an amendment Subtitle F—Ending Trafficking in to the bill S. 3254, to authorize appro- Government Contracting SEC. 894. COMPLIANCE PLAN AND CERTIFI- CATION REQUIREMENT. priations for fiscal year 2013 for mili- SEC. 891. SHORT TITLE. (a) REQUIREMENT.—The head of an execu- tary activities of the Department of This subtitle may be cited as the ‘‘End tive agency may not provide or enter into a Defense, for military construction, and Trafficking in Government Contracting Act grant, contract, or cooperative agreement if for defense activities of the Depart- of 2012’’. the estimated value of the services required ment of Energy, to prescribe military SEC. 892. DEFINITIONS. to be performed under the grant, contract, or personnel strengths for such fiscal In this subtitle: cooperative agreement outside the United year, and for other purposes; as fol- (1) COMMERCIAL SEX ACT.—The term ‘‘com- States exceeds $500,000, unless a duly des- lows: mercial sex act’’ has the meaning given the ignated representative of the recipient of term in section 22.1702 of the Federal Acqui- such grant, contract, or cooperative agree- At the end of subtitle F of title X, add the sition Regulation (or any similar successor following: ment certifies to the contracting or grant of- regulation) . ficer prior to receiving an award and on an SEC. 1064. BRIEFINGS AND CONSULTATIONS ON (2) EXECUTIVE AGENCY.—The term ‘‘execu- THE MILITARY IMPLICATIONS OF annual basis thereafter, after having con- PROPOSALS OF THE UNITED STATES tive agency’’ has the meaning given the term ducted due diligence, that— AND RUSSIA UNDER CONSIDER- in section 133 of title 41, United States Code. (1) the recipient has implemented a plan to ATION IN NEGOTIATIONS ON NU- (3) SUBCONTRACTOR.—The term ‘‘subcon- prevent the activities described in section CLEAR ARMS, MISSILE DEFENSE, tractor’’ means a recipient of a contract at 106(g) of the Trafficking Victims Protection AND LONG-RANGE CONVENTIONAL any tier under a grant, contract, or coopera- Act of 2000 (22 U.S.C. 7104(g)), as amended by STRIKE SYSTEM MATTERS. tive agreement. section 3, and is in compliance with that (a) BRIEFINGS AND CONSULTATIONS.— (4) SUBGRANTEE.—The term ‘‘subgrantee’’ plan; (1) BRIEFINGS.—Not later than 30 days after means a recipient of a grant at any tier (2) the recipient has implemented proce- the date of the enactment of this Act, and under a grant or cooperative agreement. dures to prevent any activities described in every 120 days thereafter, the Secretary of (5) UNITED STATES.—The term ‘‘United such section 106(g) and to monitor, detect, Defense shall, in coordination with the States’’ has the meaning provided in section and terminate any subcontractor, sub- Chairman of the Joint Chiefs of Staff, pro- 103(12) of the Trafficking Victims Protection grantee, or employee of the recipient engag- vide to the appropriate committees of Con- Act of 2000 (22 U.S.C. 7102(12)). ing in any activities described in such sec- gress a briefing on the military and strategic SEC. 893. CONTRACTING REQUIREMENTS. tion; and implications of any offer or proposal, by ei- (a) IN GENERAL.—Section 106(g) of the Traf- (3) to the best of the representative’s ther the Russian Federation or the United ficking Victims Protection Act of 2000 (22 knowledge, neither the recipient, nor any States, to limit or control nuclear arms, U.S.C. 7104(g)) is amended by striking ‘‘if the subcontractor or subgrantee of the recipient missile defense systems, or long-range con- grantee or any subgrantee,’’ and all that fol- or any agent of the recipient or of such a ventional strike systems, including any pro- lows through the period at the end and in- subcontractor or subgrantee, is engaged in posal as part of formal negotiations between serting the following: ‘‘or take any of the any of the activities described in such sec- the two countries or otherwise exchanged be- other remedial actions authorized under sec- tion. tween official entities of the two countries. tion 895(c) of the End Trafficking in Govern- (b) LIMITATION.—Any plan or procedures (2) BASIS OF QUARTERLY CONSULTATIONS.— ment Contracting Act of 2012, if the grantee implemented pursuant to subsection (a) shall The briefings under paragraph (1) shall serve or any subgrantee, or the contractor or any be appropriate to the size and complexity of as the basis for quarterly consultations to be subcontractor, engages in, or uses labor re- the grant, contract, or cooperative agree- provided by the Secretary to the appropriate cruiters, brokers, or other agents who en- ment and to the nature and scope of its ac- committees of Congress on any current pro- gage in— tivities, including the number of non-United posals described in that paragraph. ‘‘(i) severe forms of trafficking in persons; States citizens expected to be employed. (b) SENSE OF CONGRESS.—It is the sense of (c) DISCLOSURE.—The recipient shall pro- Congress that any agreement of the United ‘‘(ii) the procurement of a commercial sex vide a copy of the plan to the contracting or States with the Russian Federation related act during the period of time that the grant, grant officer upon request, and as appro- to missile defense, nuclear weapons, or long- contract, or cooperative agreement is in ef- priate, shall post the useful and relevant range conventional strike systems that fect; contents of the plan or related materials on would limit, constrain, or reduce the Armed ‘‘(iii) the use of forced labor in the per- its website and at the workplace. Forces or armaments of the United States in formance of the grant, contract, or coopera- (d) GUIDANCE.—The President, in consulta- any militarily significant manner may be tive agreement, or tion with the Secretary of State, the Attor- made only pursuant to the treaty-making ‘‘(iv) acts that directly support or advance ney General, the Secretary of Defense, the power of the President as set forth in Article trafficking in persons, including the fol- Secretary of Labor, the Secretary of Home- II, section, 2, clause 2, of the Constitution of lowing acts: land Security, the Administrator for the the United States, as consistent with section ‘‘(I) Destroying, concealing, removing, con- United States Agency for International De- 303(b) of the Arms Control and Disarmament fiscating, or otherwise denying an employee velopment, and the heads of such other exec- Act. access to that employee’s identity or immi- utive agencies as the President deems appro- (c) APPROPRIATE COMMITTEES OF CONGRESS gration documents without the employee’s priate, shall establish minimum require- DEFINED.—In this section, the term ‘‘appro- consent. priate committees of Congress’’ means— ‘‘(II) Failing to pay return transportation ments for contractor plans and procedures to (1) the Committee on Armed Services, the costs to an employee upon the end of em- be implemented pursuant to this section. Committee on Foreign Relations, and the ployment, unless— (e) REGULATIONS.—Not later than 270 days Committee on Appropriations of the Senate; ‘‘(aa) exempted from the duty to repatriate after the date of the enactment of this Act, and by the Federal department or agency pro- the Federal Acquisition Regulation shall be (2) the Committee on Armed Services, the viding or entering into the grant, contract, amended to carry out the purposes of this Committee on Foreign Affairs, and the Com- or cooperative agreement; or section. mittee on Appropriations of the House of ‘‘(bb) the employee is a victim of human (f) EFFECTIVE DATE.—The requirements Representatives. trafficking seeking victim services or legal under subsection (a) and (c) shall apply to redress in the country of employment or a grants, contracts, and cooperative agree- SA 3124. Mr. BLUMENTHAL (for witness in a human trafficking enforcement ments entered into on or after the date that himself, Mr. PORTMAN, Mr. LIEBERMAN, action. is 90 days after the Federal Acquisition Reg- ulation is amended pursuant to subsection Ms. COLLINS, Mr. FRANKEN, Mrs. GILLI- ‘‘(III) Soliciting a person for the purpose of employment, or offering employment, by (e). BRAND, Mr. LAUTENBERG, Mrs. means of materially false or fraudulent pre- SEC. 895. MONITORING AND INVESTIGATION OF HUTCHISON, Mr. RUBIO, Mr. BEGICH, and tenses, representations, or promises regard- TRAFFICKING IN PERSONS. Mr. TESTER) submitted an amendment ing that employment. (a) REFERRAL AND INVESTIGATION.— intended to be proposed by him to the ‘‘(IV) Charging recruited employees unrea- (1) REFERRAL.—If the contracting or grant bill S. 3254, to authorize appropriations sonable placement or recruitment fees, such officer of an executive agency for a grant,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7101 contract, or cooperative agreement receives or cooperative agreement; any subgrantee or (1) immediately inform the Inspector Gen- credible information that a recipient of the subcontractor of the recipient; or any agent eral of the executive agency of any informa- grant, contract, or cooperative agreement; of the recipient or of a subgrantee or subcon- tion it receives from any source that alleges any subgrantee or subcontractor of the re- tractor, engaged in any of the activities de- credible information that the recipient; any cipient; or any agent of the recipient or of scribed in section 106(g) of the Trafficking subcontractor or subgrantee of the recipient; such a subgrantee or subcontractor, has en- Victims Protection Act of 2000 (22 U.S.C. or any agent of the recipient or of such a gaged in an activity described in section 7104(g)), as amended by section 893, or is no- subcontractor or subgrantee, has engaged in 106(g) of the Trafficking Victims Protection tified of an indictment for an offense under conduct described in section 106(g) of the Act of 2000 (22 U.S.C. 7104(g)), as amended by subsection (a)(3), the head of agency shall Trafficking in Victims Protection Act of 2000 section 893, including a report from a con- consider taking one or more of the following (22 U.S.C. 7104(g)), as amended by section 3 of tracting officer representative, an auditor, remedial actions: this Act; and an alleged victim or victim’s representative, (A) Requiring the recipient to remove an (2) fully cooperate with any Federal agen- or any other credible source, the contracting employee from the performance of work cies responsible for audits, investigations, or or grant officer shall promptly refer the mat- under the grant, contract, or cooperative corrective actions relating to trafficking in ter to the agency’s Office of Inspector Gen- agreement. persons. eral for investigation. The contracting offi- (B) Requiring the recipient to terminate a (b) EFFECTIVE DATE.—The amendment cer may also direct the contractor to take subcontract or subgrant. made by subsection (a) shall take effect 90 specific steps to abate an alleged violation or (C) Suspending payments under the grant, days after the date of the enactment of this enforce the requirements of a compliance contract, or cooperative agreement until Act. plan implemented pursuant to section 894. such time as the recipient of the grant, con- SEC. 897. EXPANSION OF FRAUD IN FOREIGN (2) INVESTIGATION.—Where appropriate, an tract, or cooperative agreement has taken LABOR CONTRACTING TO INCLUDE Inspector General who receives credible in- appropriate remedial action. WORK OUTSIDE THE UNITED formation that a recipient of the grant, con- (D) Withholding award fees, consistent STATES. tract, or cooperative agreement; any sub- with the award fee plan, for the performance (a) IN GENERAL.—Section 1351 of title 18, grantee or subcontractor of the recipient; or period in which the agency determined the United States Code, is amended— any agent of the recipient or of such a sub- contractor or subcontractor engaged in any (1) by striking ‘‘Whoever knowingly’’ and grantee or subcontractor, has engaged in an of the activities described in such section inserting ‘‘(a) WORK INSIDE THE UNITED activity described in section 106(g) of the 106(g). STATES.—Whoever knowingly’’; and Trafficking Victims Protection Act of 2000 (E) Declining to exercise available options (2) by adding at the end the following new (22 U.S.C. 7104(g)), as amended by section 893, under the contract. subsection: ‘‘(b) WORK OUTSIDE THE UNITED STATES.— pursuant to a referral under paragraph (1) or (F) Terminating the contract for default or Whoever knowingly and with intent to de- otherwise, shall promptly initiate an inves- cause, in accordance with the termination fraud recruits, solicits, or hires a person out- tigation of the matter. In the event that an clause for the contract. side the United States or causes another per- Inspector General does not initiate an inves- (G) Referring the matter to the agency sus- son to recruit, solicit, or hire a person out- tigation, the Inspector General shall provide pension and debarment official. an explanation for the decision not to inves- side the United States, or attempts to do so, (2) SAVINGS CLAUSE.—Nothing in this sub- tigate. for purposes of employment performed on a section shall be construed as limiting the (3) CRIMINAL INVESTIGATION.—If the matter United States Government contract per- scope of applicable remedies available to the is referred to the Department of Justice for formed outside the United States, or on a Federal Government. criminal prosecution, the Inspector General United States military installation or mis- (3) MITIGATING FACTOR.—Where applicable, may suspend any investigation under this sion outside the United States or other prop- the head of an executive agency may con- subsection pending the outcome of the crimi- erty or premises outside the United States sider whether the contractor or grantee had nal prosecution. If the criminal investiga- owned or controlled by the United States a plan in place under section 894, and was in tion results in an indictment of the recipient Government, by means of materially false or compliance with that plan at the time of the of a contract, grant, or cooperative agree- fraudulent pretenses, representations, or violation, as a mitigating factor in deter- ment; any subgrantee or subcontractor of promises regarding that employment, shall mining which remedies, if any, should apply. the recipient; or any agent of the recipient be fined under this title or imprisoned for (4) AGGRAVATING FACTOR.—Where applica- or of a subgrantee or subcontractor, the In- not more than 5 years, or both.’’. ble, the head of an executive agency may spector General shall notify the head of the (b) SPECIAL RULE FOR ALIEN VICTIMS.—No consider the failure of a contractor or grant- executive agency that awarded the contract, alien may be admitted to the United States ee to abate an alleged violation or enforce grant, or cooperative agreement of the in- pursuant to subparagraph (U) of section the requirements of a compliance plan when dictment. If the criminal investigation re- 101(a)(15) of the Immigration and Nationality directed by a contracting officer pursuant to sults in a decision not to prosecute, the In- Act (8 U.S.C. 1101(a)(15)) as a result of the subsection (a)(1) as an aggravating factor in spector General shall resume any investiga- alien being a victim of a crime described in determining which remedies, if any, should tion that was suspended pursuant to this subsection (b) of section 1351 of title 18, apply. paragraph. United States Code, as added by subsection (b) REPORT AND DETERMINATION.— (d) INCLUSION OF REPORT CONCLUSIONS IN (a). FAPIIS.— (1) REPORT.—Upon completion of an inves- SEC. 898. IMPROVING DEPARTMENT OF DEFENSE tigation under subsection (a), the Inspector (1) IN GENERAL.—The head of an executive ACCOUNTABILITY FOR REPORTING General shall submit a report on the inves- agency shall ensure that any written deter- TRAFFICKING IN PERSONS CLAIMS tigation, including conclusions about wheth- mination under subsection (b) is included in AND VIOLATIONS. er the recipient of a grant, contract, or coop- the Federal Awardee Performance and Integ- Section 105(d)(7)(H) of the Trafficking Vic- erative agreement; any subcontractor or sub- rity Information System (FAPIIS). tims Protection Act of 2000 (22 U.S.C. grantee of the recipient; or any agent of the (2) AMENDMENT TO TITLE 41, UNITED STATES 7103(d)(7)(H)) is amended— recipient or of such a subcontractor or sub- CODE.—Section 2313(c)(1)(E) of title 41, United (1) in clause (ii), by striking ‘‘and’’ at the grantee, engaged in any of the activities de- States Code, is amended to read as follows: end; scribed in section 106(g) of the Trafficking ‘‘(E) In an administrative proceeding— (2) by redesignating clause (iii) as clause Victims Protection Act of 2000 (22 U.S.C. ‘‘(i) a final determination of contractor (iv); 7104(g)), as amended by section 893, to the fault by the Secretary of Defense pursuant (3) by inserting after clause (ii) the fol- head of the executive agency that awarded to section 823(d) of the National Defense Au- lowing new clause: the contract, grant, or cooperative agree- thorization Act for Fiscal Year 2010 (10 ‘‘(iii) all known trafficking in persons ment. U.S.C. 2302 note; Public Law 111–84); or cases reported to the Under Secretary of De- (2) DETERMINATION.—Upon receipt of an In- ‘‘(ii) a final determination, pursuant to fense for Personnel and Readiness;’’; spector General’s report pursuant to para- section 895(b)(2) of the End Trafficking in (4) in clause (iv), as redesignated by para- graph (1), the head of the executive agency Government Contracting Act of 2012, that graph (2), by inserting ‘‘and’’ at the end after shall make a written determination whether the contractor, a subcontractor, or an agent the semicolon; and the recipient of a contract, grant, or cooper- of the contractor or subcontractor engaged (5) by adding at the end the following new ative agreement; any subgrantee or subcon- in any of the activities described in section clause: tractor of the recipient; or any agent of the 106(g) of the Trafficking Victims Protection ‘‘(v) all trafficking in persons activities of recipient or of a subgrantee or subcon- Act of 2000 (22 U.S.C. 7104(g)).’’. contractors reported to the Under Secretary tractor, engaged in any of the activities de- SEC. 896. NOTIFICATION TO INSPECTORS GEN- of Defense for Acquisition, Technology, and scribed in section 106(g) of the Trafficking ERAL AND COOPERATION WITH GOV- Logistics;’’. Victims Protection Act of 2000 (22 U.S.C. ERNMENT. SEC. 899. RULES OF CONSTRUCTION. 7104(g)), as amended by section 893. (a) IN GENERAL.—The head of an executive (a) LIABILITY.—Excluding section 897, noth- (c) REMEDIAL ACTIONS.— agency making or awarding a grant, con- ing in this subtitle shall be construed to su- (1) IN GENERAL.—If the head of an executive tract, or cooperative agreement shall require persede, enlarge, or diminish the common agency determines pursuant to subsection that the recipient of the grant, contract, or law or statutory liabilities of any grantee, (b)(2) that the recipient of a contract, grant, cooperative agreement— subgrantee, contractor, subcontractor, or

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7102 CONGRESSIONAL RECORD — SENATE November 28, 2012 other party covered by section 106(g) of the of Defense, for military construction, ‘‘(e) AUTHORITY OF COMBATANT COM- Trafficking Victims Protection Act of 2000 and for defense activities of the De- MANDER.—(1) In addition to the authority (22 U.S.C. 7104(g)), as amended by section 893. partment of Energy, to prescribe mili- prescribed in section 164(c) of this title, the (b) AUTHORITY OF DEPARTMENT OF JUS- tary personnel strengths for such fiscal commander of the unified medical command TICE.—Nothing in this subtitle shall be con- shall be responsible for, and shall have the strued as diminishing or otherwise modi- year, and for other purposes; which was authority to conduct, all affairs of such com- fying the authority of the Attorney General ordered to lie on the table; as follows: mand relating to medical operations activi- to investigate activities covered by this sub- At the end of subtitle C of title VII, add ties. title. the following: ‘‘(2) The commander of such command (c) PROSPECTIVE EFFECT.—Nothing in this SEC. 723. UNIFIED MEDICAL COMMAND. shall be responsible for, and shall have the subtitle, or the amendments made by this (a) UNIFIED COMBATANT COMMAND.— authority to conduct, the following func- subtitle, shall be construed to apply to a (1) IN GENERAL.—Chapter 6 of title 10, tions relating to medical operations activi- contract or grant entered into or renewed be- United States Code, is amended by inserting ties (whether or not relating to the unified fore the date of the enactment of this sub- after section 167a the following new section: medical command): title. ‘‘§ 167b. Unified combatant command for med- ‘‘(A) Developing programs and doctrine. ical operations ‘‘(B) Preparing and submitting to the Sec- SA 3125. Mr. BLUMENTHAL (for ‘‘(a) ESTABLISHMENT.—With the advice and retary of Defense program recommendations himself and Mrs. GILLIBRAND) sub- assistance of the Chairman of the Joint and budget proposals for the forces described mitted an amendment intended to be Chiefs of Staff, the President, through the in subsection (b) and for other forces as- signed to the unified medical command. proposed by him to the bill S. 3254, to Secretary of Defense, shall establish under section 161 of this title a unified command ‘‘(C) Exercising authority, direction, and authorize appropriations for fiscal year for medical operations (in this section re- control over the expenditure of funds— 2013 for military activities of the De- ferred to as the ‘unified medical command’). ‘‘(i) for forces assigned to the unified med- partment of Defense, for military con- The principal function of the command is to ical command; struction, and for defense activities of provide medical services to the armed forces ‘‘(ii) for the forces described in subsection the Department of Energy, to prescribe and other health care beneficiaries of the De- (b) assigned to unified combatant commands military personnel strengths for such partment of Defense as defined in chapter 55 other than the unified medical command to fiscal year, and for other purposes; of this title. the extent directed by the Secretary of De- ‘‘(b) ASSIGNMENT OF FORCES.—In estab- fense; and which was ordered to lie on the table; lishing the unified medical command under ‘‘(iii) for military construction funds of the as follows: subsection (a), all active military medical Defense Health Program. At the end of subtitle B of title III, add the treatment facilities, training organizations, ‘‘(D) Training assigned forces. following: and research entities of the armed forces ‘‘(E) Conducting specialized courses of in- SEC. 314. LIMITED DECONTAMINATION AUTHOR- shall be assigned to such unified command, struction for commissioned and noncommis- ITY FOR PORTIONS OF FORMER unless otherwise directed by the Secretary of sioned officers. NAVAL BOMBARDMENT AREA, Defense. ‘‘(F) Validating requirements. CULEBRA ISLAND, PUERTO RICO. ‘‘(c) GRADE OF COMMANDER.—The com- ‘‘(G) Establishing priorities for require- (a) DECONTAMINATION AUTHORITY.—Not- mander of the unified medical command ments. withstanding section 204(c) of the Military shall hold the grade of general or, in the case ‘‘(H) Ensuring the interoperability of Construction Authorization Act, 1974 (Public of an officer of the Navy, admiral while serv- equipment and forces. Law 93–166; 87 Stat. 668), and paragraph 9 of ing in that position, without vacating the ‘‘(I) Monitoring the promotions, assign- the quitclaim deed relating to the transfer of member’s permanent grade. The commander ments, retention, training, and professional the former bombardment area on the island of such command shall be appointed to that military education of medical officers de- of Culebra in the Commonwealth of Puerto grade by the President, by and with the ad- scribed in paragraph (1), (2), (3), (4), (5), or (6) Rico, the Secretary of Defense may author- vice and consent of the Senate, for service in of section 335(j) of title 37. ize and conduct activities for the removal of that position. The commander of such com- ‘‘(3) The commander of such command unexploded ordnance and munitions scrap mand shall be a member of a health profes- shall be responsible for the Defense Health from those portions of the former bombard- sion described in paragraph (1), (2), (3), (4), Program, including the Defense Health Pro- ment area that were explicitly identified as (5), or (6) of section 335(j) of title 37. During gram Account established under section 1100 having regular public access in the Depart- the five-year period beginning on the date on of this title. which the Secretary establishes the com- ment of Defense study entitled ‘‘Study Re- ‘‘(f) DEFENSE HEALTH AGENCY.—(1) In es- lating to the Presence of Unexploded Ord- mand under subsection (a), the commander tablishing the unified medical command of such command shall be exempt from the nance in a Portion of the Former Naval under subsection (a), the Secretary shall also requirements of section 164(a)(1) of this title. Bombardment Area of Culebra Island, Com- establish under section 191 of this title a de- monwealth of Puerto Rico’’ and dated April ‘‘(d) SUBORDINATE COMMANDS.—(1) The uni- fied medical command shall have the fol- fense agency for health care (in this section 20, 2012, which was prepared in accordance referred to as the ‘Defense Health Agency’), with section 2815 of the Ike Skelton National lowing subordinate commands: ‘‘(A) A command that includes all fixed and shall transfer to such agency the organi- Defense Authorization Act for Fiscal Year zation of the Department of Defense referred 2011 (Public Law 111–383; 124 Stat. 4464). military medical treatment facilities, in- cluding elements of the Department of De- to as the TRICARE Management Activity (b) EXCEPTIONS.—In authorizing and con- and all functions of the TRICARE Program ducting activities for the removal of fense that are combined, operated jointly, or otherwise operated in such a manner that a (as defined in section 1072(7) of this title). unexploded ordnance and munitions scrap ‘‘(2) The director of the Defense Health within the transferred former bombardment medical facility of the Department of De- fense is operating in or with a medical facil- Agency shall hold the rank of lieutenant area, as authorized by subsection (a), the general or, in the case of an officer of the Secretary of Defense may exclude areas of ity of another department or agency of the United States. Navy, vice admiral while serving in that po- dense vegetation and steep terrain that— sition, without vacating the member’s per- (1) make public access difficult and public ‘‘(B) A command that includes all medical training, education, and research and devel- manent grade. The director of such agency use infrequent; and shall be appointed to that grade by the (2) would severely hamper the effectiveness opment activities that have previously been unified or combined, including organizations President, by and with the advice and con- and increase the cost of removal activities. sent of the Senate, for service in that posi- (c) DEFINITIONS.—In this section: that have been designated as a Department of Defense executive agent. tion. The director of such agency shall be a (1) The term ‘‘quitclaim deed’’ refers to the member of a health profession described in quitclaim deed from the United States to the ‘‘(C) The Defense Health Agency estab- lished under subsection (f). paragraph (1), (2), (3), (4), (5), or (6) of section Commonwealth of Puerto Rico, signed by the 335(j) of title 37. Secretary of the Interior on August 11, 1982, ‘‘(2) The commander of a subordinate com- mand of the unified medical command shall ‘‘(g) REGULATIONS.—In establishing the for that portion of Tract (1b) consisting of unified medical command under subsection the former bombardment area on the island hold the grade of lieutenant general or, in the case of an officer of the Navy, vice admi- (a), the Secretary of Defense shall prescribe of Culebra, Puerto Rico. ral while serving in that position, without regulations for the activities of the unified (2) The term ‘‘unexploded ordnance’’ has vacating the member’s permanent grade. The medical command.’’. the meaning given that term by section commander of such a subordinate command (2) CLERICAL AMENDMENT.—The table of 101(e)(5) of title 10, United States Code. shall be appointed to that grade by the sections at the beginning of chapter 6 of such title is amended by inserting after the item Mr. WARNER submitted an President, by and with the advice and con- SA 3126. sent of the Senate, for service in that posi- relating to section 167a the following new amendment intended to be proposed by tion. The commander of such a subordinate item: him to the bill S. 3254, to authorize ap- command shall also be required to be a sur- ‘‘167b. Unified combatant command for med- propriations for fiscal year 2013 for geon general of one of the military depart- ical operations.’’. military activities of the Department ments. (b) PLAN, NOTIFICATION, AND REPORT.—

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(1) PLAN.—Not later than July 1, 2013, the of this Act, a report setting forth a plan for initial member to serve a term that expires Secretary of Defense shall submit to the con- the establishment and discharge of the pro- on December 31, 2014. gressional defense committees a comprehen- gram. ‘‘(iv) The ranking minority member of the sive plan to establish the unified medical (d) FUNDING.—Amounts authorized to be Committee on Armed Services of the House command authorized under section 167b of appropriated for fiscal year 2013 by section of Representatives shall designate one initial title 10, United States Code, as added by sub- 1403 and available for Defense Health Pro- member of the Panel appointed under para- section (a), including any legislative actions gram may be used for the program author- graph (1)(D) to serve a term that expires on the Secretary considers necessary to imple- ized by subsection (a). December 31, 2013, and one such initial mem- ment the plan. ber to serve a term that expires on December (2) NOTIFICATION.—The Secretary shall sub- SA 3128. Mr. WARNER submitted an 31, 2014. mit to the congressional defense committees amendment intended to be proposed by ‘‘(v) The ranking minority member of the written notification of the time line of the him to the bill S. 3254, to authorize ap- Committee on Armed Services of the Senate Secretary to establish the unified medical propriations for fiscal year 2013 for shall designate one initial member of the command under such section 167b by not military activities of the Department Panel appointed under paragraph (1)(E) to serve a term that expires on December 31, later than the date that is 30 days before es- of Defense, for military construction, tablishing such command. 2013, and one such initial member to serve a and for defense activities of the De- (3) REPORT.—Not later than 180 days after term that expires on December 31, 2014. submitting the notification under paragraph partment of Energy, to prescribe mili- ‘‘(3) CHAIRS.—The Secretary of Defense (2), the Secretary shall submit to the con- tary personnel strengths for such fiscal shall designate two members appointed pur- gressional defense committees a report on— year, and for other purposes; which was suant to paragraph (1)(A) that are not of the (A) the establishment of the unified med- ordered to lie on the table; as follows: same political party to serve as the Chairs of ical command; and At the end of subtitle E of title X, add the the Panel. (B) the establishment of the Defense following: ‘‘(4) VACANCIES.—(A) A vacancy in the Health Agency under subsection (f) of such SEC. 1048. BIPARTISAN INDEPENDENT STRA- Panel shall be filled in the same manner as section 167b. TEGIC REVIEW PANEL. the original appointment and not later than (a) BIPARTISAN INDEPENDENT STRATEGIC 30 days after the date on which the vacancy SA 3127. Mr. WARNER submitted an REVIEW PANEL.— begins. amendment intended to be proposed by (1) ESTABLISHMENT.—Chapter 2 of title 10, ‘‘(B) A member of the Panel appointed to him to the bill S. 3254, to authorize ap- United States Code, is amended by inserting fill a vacancy shall be appointed for a term after section 118b the following new section: that expires— propriations for fiscal year 2013 for ‘‘(i) in the case of an appointment to fill a military activities of the Department ‘‘§ 118c. Bipartisan independent strategic re- vacancy resulting from a person not serving of Defense, for military construction, view panel the entire term for which such person was and for defense activities of the De- ‘‘(a) ESTABLISHMENT.—There is established appointed, at the end of the remainder of partment of Energy, to prescribe mili- a bipartisan independent strategic review such term; and tary personnel strengths for such fiscal panel (in this section referred to as the ‘‘(ii) in the case of an appointment to fill a ‘Panel’) to conduct a regular review of the year, and for other purposes; which was vacancy resulting from the expiration of the national defense strategic environment of term of a member of the panel, two years ordered to lie on the table; as follows: the United States and to conduct an inde- after the date on which the term of such At the end of subtitle C of title VII, add pendent assessment of the quadrennial de- member expired. the following: fense review required under section 118 of ‘‘(5) REAPPOINTMENT.—Members of the SEC. 723. SUPPORT OF MULTI-DISCIPLINARY RE- this title. Panel may be reappointed to the Panel for SEARCH INTO TRANSLATIONAL MED- ‘‘(b) MEMBERSHIP.— additional terms of service. ICINE FOR DIAGNOSIS AND TREAT- ‘‘(1) APPOINTMENT.—The Panel shall be ‘‘(6) PAY.—The members of the Panel shall MENT OF POST-TRAUMATIC STRESS composed of 12 members from civilian life serve without pay DISORDER, TRAUMATIC BRAIN IN- with a recognized expertise in national secu- JURY, AND OTHER NEUROLOGICAL ‘‘(7) TRAVEL EXPENSES.—Each member of CONDITIONS SUFFERED BY MEM- rity matters who shall be appointed as fol- the Panel shall receive travel expenses, in- BERS OF THE ARMED FORCES. lows: cluding per diem in lieu of subsistence, in ac- (a) PROGRAM OF SUPPORT AUTHORIZED.— ‘‘(A) Four members shall be appointed by cordance with applicable provisions under The Secretary of Defense may carry out a the Secretary of Defense, of whom not more subchapter I of chapter 57 of title 5. program to provide support for multi-dis- than three members shall be of the same po- ‘‘(c) DUTIES.— ciplinary research into translational medi- litical party. ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA- cine for the diagnosis and treatment of Post- ‘‘(B) Two members shall be appointed by TEGIC ENVIRONMENT.—The Panel shall every Traumatic Stress Disorder (PTSD), Trau- the chair of the Committee on Armed Serv- four years, during a year following a year matic Brain Injury (TBI), and other neuro- ices of the House of Representatives. evenly divisible by four, review the national logical conditions suffered by members of ‘‘(C) Two members shall be appointed by defense strategic environment of the United the Armed Forces. The program shall be car- the chair of the Committee on Armed Serv- States. Such review shall include a review ried out by the Bureau of Medicine and Sur- ices of the Senate. and assessment of— gery (BUMED) of the Navy. ‘‘(D) Two members shall be appointed by ‘‘(A) the national defense environment, in- (b) ELEMENTS.—As part of the program au- the ranking minority member of the Com- cluding challenges and opportunities; thorized by subsection (a), the Secretary mittee on Armed Services of the House of ‘‘(B) the national defense strategy and pol- may— Representatives. icy; (1) establish, or authorize the participation ‘‘(E) Two members shall be appointed by ‘‘(C) the national defense roles, missions, of appropriate elements of the Department of the ranking minority member of the Com- and organizations; and Defense in, a nationwide scientific consor- mittee on Armed Services of the Senate. ‘‘(D) the risks to the national defense of tium aimed at integrating research on nano- ‘‘(2) INITIAL MEMBERS: APPOINTMENT DATE the United States and how such risks affect technology, stem cells, cellular therapy, AND TERM OF SERVICE.— challenges and opportunities to national de- medical imaging, electronic medical records, ‘‘(A) APPOINTMENT DATE.—The initial mem- fense. information technology and medical devices, bers of the Panel shall be appointed under ‘‘(2) ADDITIONAL REVIEWS.—The Panel may and other appropriate matters into the paragraph (1) not later than January 30, 2013. conduct additional reviews under paragraph translation medicine described in subsection ‘‘(B) TERMS.—(i) The Secretary of Defense (1) as requested by Congress or the Secretary (a); and shall designate two initial members of the of Defense, or when the Panel determines a (2) provide capabilities to permit research- Panel appointed under paragraph (1)(A) to significant change in the national defense ers, scientists, surgeons, physicians, serve terms that expire on December 31, 2013, environment has occurred that would war- healthcare professionals, and patients to ef- and two such initial members to serve terms rant new recommendations from the Panel. fectively communicate the findings and out- that expire on December 31, 2014. ‘‘(3) ASSESSMENT OF QUADRENNIAL DEFENSE comes of research under the program into ‘‘(ii) The chair of the Committee on Armed REVIEW.—The Panel shall conduct an assess- such translational medicine in a manner Services of the House of Representatives ment of each quadrennial defense review re- that enhances such medicine through real- shall designate one initial member of the quired to be conducted under section 118 of time access to information and integration Panel appointed under paragraph (1)(B) to this title. Each assessment shall include— between researchers, physicians, hospitals, serve a term that expires on December 31, ‘‘(A) a review of the Secretary of Defense’s and patients. 2013, and one such initial member to serve a terms of reference, and any other materials (c) REPORT.—If the Secretary elects to term that expires on December 31, 2014. providing the basis for, or substantial inputs carry out the program authorized by sub- ‘‘(iii) The chair of the Committee on to, the work of the Department of Defense on section (a), the Secretary shall submit to the Armed Services of the Senate shall designate such quadrennial defense review; Committees on Armed Services of the Senate one initial member of the Panel appointed ‘‘(B) an assessment of the assumptions, and the House of Representatives, not later under paragraph (1)(C) to serve a term that strategy, findings, and risks in the report of than 90 days after the date of the enactment expires on December 31, 2013, and one such the Secretary of Defense on such quadrennial

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7104 CONGRESSIONAL RECORD — SENATE November 28, 2012 defense review required under section 118(d) tees and the Secretary of Defense a report of Defense, for military construction, of this title, with particular attention paid containing the results of the assessment con- and for defense activities of the De- to the risks described in such a report; ducted under subsection (c)(3) and any rec- partment of Energy, to prescribe mili- ‘‘(C) an independent assessment of a vari- ommendations or other matters that the tary personnel strengths for such fiscal ety of possible force structures for the armed Panel considers appropriate.’’. forces, including the force structure identi- (2) CLERICAL AMENDMENT.—The table of year, and for other purposes; which was fied in the report required under such section sections at the beginning of chapter 2 of such ordered to lie on the table; as follows: 118(d); and title is amended by inserting after the item At the end of subtitle H of title X, add the ‘‘(D) a review of the resource requirements relating to section 118b adding at the end the following: identified in such quadrennial defense review following new item: SEC. 1084. OUTREACH ON AVAILABILITY OF EDU- pursuant to section 118(b)(3) of this title and, ‘‘118c. Bipartisan independent strategic re- CATIONAL AND VOCATIONAL COUN- to the extent practicable, a general compari- view panel.’’. SELING. son of such resource requirements with the (a) OUTREACH.— (b) UPDATES FROM SECRETARY OF DEFENSE resource requirements to support the forces (1) IN GENERAL.—Not later than 180 days ON PROGRESS OF QUADRENNIAL DEFENSE RE- contemplated under the force structures as- after the date of the enactment of this Act, VIEW.—Section 118(f) of title 10, United sessed under subparagraph (C). States Code, is amended to read as follows: the Secretary of Veterans Affairs shall de- ‘‘(d) ADMINISTRATIVE PROVISIONS.— ‘‘(f) UPDATES TO BIPARTISAN INDEPENDENT velop and implement an outreach plan to ‘‘(1) STAFF.— STRATEGIC REVIEW PANEL.—The Secretary of better inform veterans about the availability ‘‘(A) IN GENERAL.—The Chairs of the Panel Defense shall ensure that periodically, but of counseling services under section 3697A of may, without regard to the civil service laws not less often than every 60 days, or at the title 38, United States Code, in order to and regulations, appoint and terminate an request of the Chairs of the bipartisan inde- achieve higher rates of utilization of such executive director and not more than 11 ad- pendent strategic review panel established counseling services. ditional personnel, as may be necessary to by section 118c(a) of this title, the Depart- (2) ELEMENTS.—The plan required by para- enable the Panel to perform the duties of the ment of Defense briefs the panel on the graph (1) shall include the following: Panel. progress of the conduct of a quadrennial de- (A) A more prominent notice on the Inter- ‘‘(B) COMPENSATION.—The Chairs of the fense review under subsection (a).’’. net website of the Department of Veterans Panel may fix the compensation of the exec- (c) BIPARTISAN INDEPENDENT STRATEGIC RE- Affairs of the availability of such counseling utive director and other personnel without VIEW OF THE ARMY.— services. regard to the provisions of chapter 51 and (1) REVIEW REQUIRED.—Not later than 30 (B) Use of social media and veterans serv- subchapter III of chapter 53 of title 5 relating days after the date on which all initial mem- ice organizations. to the classification of positions and General bers of the bipartisan independent strategic (C) Inclusion of information regarding such Schedule pay rates, except that the rate of review panel are appointed under section counseling services in appropriate mailings pay for the executive director and other per- 118c(b) of title 10, United States Code (as from the Department. sonnel may not exceed the rate payable for added by subsection (a)), the Panel shall (b) REPORT.— level V of the Executive Schedule under sec- begin a review of the future of the Army. (1) IN GENERAL.—Not later than 180 days tion 5316 of such title. (2) ELEMENTS.—The review required under after the date of the enactment of this Act, ‘‘(2) DETAIL OF GOVERNMENT EMPLOYEES.— paragraph (1) shall include a review and as- the Secretary shall submit to the Committee Any Federal Government employee may be sessment of— on Veterans’ Affairs of the Senate and the detailed to the Panel without reimburse- (A) the validity and utility of the scenarios Committee on Veterans’ Affairs of the House ment, and such detail shall be without inter- and planning assumptions the Army used to of Representatives a detailed report on the ruption or loss of civil service status or develop the current force structure of the counseling services provided under section privilege. Army; 3697A of title 38, United States Code. ‘‘(3) PROCUREMENT OF TEMPORARY AND (B) such force structure and an evaluation (2) ELEMENTS.—The report required by INTERMITTENT SERVICES.—The Chairs of the of the adequacy of such force structure for paragraph (1) shall include the following: Panel may procure temporary and intermit- meeting the goals of the national military (A) The number of veterans who requested tent services under section 3109(b) of title 5 strategy of the United States; counseling services under such section in fis- at rates for individuals that do not exceed (C) the size and structure of elements of cal years 2010, 2011, and 2012. the daily equivalent of the annual rate of the Army, in particular the United States (B) Specifics regarding the information basic pay for level V of the Executive Sched- Army Training and Doctrine Command, the that is provided to veterans as part of such ule under section 5316 of such title. United States Army Materiel Command, and counseling services, including any data pro- ‘‘(4) PROVISION OF INFORMATION.—The Panel corps and higher headquarters elements; vided on educational institutions. may request directly from the Department of (D) potential alternative force structures (C) Results of satisfaction surveys sub- Defense and any of its components such in- of the Army; and mitted by individuals who have utilized such formation as the Panel considers necessary (E) the resource requirements of each of counseling services at any time during the to carry out its duties under this section. the alternative force structures analyzed by three-year period ending on the date of the The head of the department or agency con- the Panel. enactment of this Act for each individual cerned shall cooperate with the Panel to en- (3) REPORT.— contractor who provided such counseling sure that information requested by the Panel (A) PANEL REPORT.—Not later than one services on behalf of the Secretary and a de- under this paragraph is promptly provided to year after the date on which the Panel be- scription of any action taken by the Sec- the maximum extent practical. gins the review required by paragraph (1), retary with regard to specific contractors as ‘‘(5) USE OF CERTAIN DEPARTMENT OF DE- the Panel shall submit to the congressional a result of such satisfaction surveys. FENSE RESOURCES.—Upon the request of the defense committees and the Secretary of De- (D) A description of the actions the Sec- Chairs of the Panel, the Secretary of Defense fense a report containing the findings and retary intends to undertake to increase the shall make available to the Panel the serv- recommendations of the Panel, including usage, availability, and quality of such coun- ices of any Federally-funded research and de- any recommendations concerning changes to seling services carried out through contrac- velopment center that is covered by a spon- the planned size and composition of the tors. soring agreement of the Department of De- Army. (E) Recommendations for such legislative fense. (B) ADDITIONAL VIEWS.—The report re- and administration action as the Secretary ‘‘(6) FUNDING.—Funds for activities of the quired by subparagraph (A) shall include any considers necessary to increase the usage Panel shall be provided from amounts avail- additional or dissenting views of a member and availability of such counseling services. able to the Department of Defense. of the Panel that such member considers ap- ‘‘(e) REPORTS.— SEC. 1085. VETERANS’ EDUCATION CONSUMER propriate to include in the report. COMPLAINT TRACKING SYSTEM. ‘‘(1) REVIEW OF NATIONAL DEFENSE STRA- (4) DEFINITIONS.—In this subsection: (a) IN GENERAL.—Chapter 36 of title 38, TEGIC ENVIRONMENT.—Not later than June 30 of a year following a year evenly divisible by (A) The term ‘‘Army’’ includes the reserve United States Code, is amended by inserting four, the Panel shall submit to the congres- components of the Army. after section 3693 the following new section: sional defense committees, the Secretary of (B) The terms ‘‘bipartisan independent ‘‘§ 3693A. Complaint tracking system strategic review panel’’ and ‘‘Panel’’ mean Defense, and the National Security Council a ‘‘(a) ESTABLISHMENT.—Not later than 180 report containing the results of the review the bipartisan independent strategic review days after the date of the enactment of this conducted under subsection (c)(1) and any panel established by section 118c(a) of title section, the Secretary shall establish a sys- recommendations or other matters that the 10, United States Code (as so added). tem to collect, process, and track complaints Panel considers appropriate. SA 3129. Mr. LAUTENBERG (for him- submitted to the Secretary by individuals ‘‘(2) ASSESSMENT OF QUADRENNIAL DEFENSE who are enrolled in programs of education at self and Mr. RUBIO) submitted an REVIEW.—Not later than 90 days after the educational institutions to report instances date on which a report on a quadrennial de- amendment intended to be proposed by of fraud, waste, and abuse by such institu- fense review is submitted to Congress under him to the bill S. 3254, to authorize ap- tions with respect to the benefits and serv- section 118(d) of this title, the Panel shall propriations for fiscal year 2013 for ices provided by such institutions to such in- submit to the congressional defense commit- military activities of the Department dividuals.

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‘‘(b) REQUIREMENTS.—This system estab- TITLE XVIII—VETERANS EDUCATION students enrolled in programs of education lished under subsection (a) shall meet the ASSISTANCE at the educational institution, including job following requirements: SEC. 1801. REQUIREMENT FOR PROVISION OF placement and career counseling services; ‘‘(1) The system shall create an individual EDUCATIONAL COUNSELING TO IN- and case number for each complaint processed DIVIDUALS BEFORE SUCH INDIVID- ‘‘(II) special services or benefits currently and tracked in the system. UALS RECEIVE EDUCATIONAL AS- provided by the educational institution that SISTANCE PROVIDED UNDER LAWS ‘‘(2) The system shall allow for the report- ADMINISTERED BY SECRETARY OF address the unique needs of veterans. ing of complaints, disaggregated by edu- VETERANS AFFAIRS. ‘‘(iv) With respect to the 3-year period end- cational institution. (a) IN GENERAL.—Section 3697A of title 38, ing at the end of the most recently com- ‘‘(3) The system shall allow for the report- United States Code, is amended— pleted academic year, the median amount of ing of complaints, disaggregated by topic or (1) by redesignating subsections (c) student loan debt held upon completion of a subject matter. through (e) as subsections (d) through (f), re- program of education at the educational in- ‘‘(4) The system shall allow for the sub- spectively; and stitution by veterans described in clause (ii). mittal of complaints by— (2) by inserting after subsection (b) the fol- ‘‘(v) The cohort default rate, as defined in ‘‘(A) Internet website; and lowing new subsection (c): section 435(m) of the Higher Education Act ‘‘(B) telephone via a toll-free number that ‘‘(c)(1) Except as provided in paragraph (2), of 1965 (20 U.S.C. 1085(m)), of the educational is available every day at all hours. in the case of an individual described in sub- institution. ‘‘(5) The system shall allow for the sharing section (b)(1), the counseling services de- ‘‘(vi) With respect to the 3-year period end- of complaints with and between the fol- scribed in subsection (a) shall be required to ing at the end of the most recently com- lowing: be provided to the individual before the indi- pleted academic year— ‘‘(A) The educational institutions that are vidual receives the educational assistance ‘‘(I) the average number of veterans who described in such subsection. the subjects of the complaints. received a degree or certificate from the edu- ‘‘(B) The Secretary of Education. ‘‘(2) The requirement to provide counseling services under paragraph (1) shall not apply cational institution for completing a pro- ‘‘(C) The Secretary of Defense. gram of education; ‘‘(D) State approving agencies. with respect to an individual described in such paragraph who communicates to the ‘‘(II) the average number of people who re- ‘‘(E) Nationally or regionally recognized ceived a degree or certificate from the edu- accrediting agencies and associations. Secretary, before receiving educational as- sistance described in such paragraph, that cational institution for completing a pro- ‘‘(F) Such other Federal agencies as the gram of education; Secretary of Veterans Affairs considers ap- the individual declines the counseling serv- ices provided under such paragraph. ‘‘(III) the average number of veterans en- propriate. ‘‘(3) For each individual to whom the Sec- rolled in programs of education at the edu- ‘‘(c) OUTREACH.—(1) The Secretary shall retary provides counseling services under cational institution; and conduct such outreach as may be necessary paragraph (1), the Secretary shall provide to ‘‘(IV) the average number of people en- to inform individuals described in subsection the individual, as part of such services and rolled in programs of education at the edu- (a) of the system and process established to the degree that information necessary to cational institution. under such subsection. carry out this paragraph is available to the ‘‘(vii) In the case of an educational institu- Secretary, the following: tion that offers a program of education de- ‘‘(2) In conducting outreach under para- ‘‘(A) An explanation of the different types signed to prepare people for a State licensure graph (1), the Secretary shall advise individ- of accreditation and State certification and exam, the percentage of such students who uals of the kinds of complaints that are ap- licensure available to educational institu- take and pass such exam. propriate for submittal for inclusion in the tions and programs of education and a dis- ‘‘(viii) For each program of education at system established under subsection (a). cussion of how such accreditation, certifi- the educational institution, the average cation, and licensure can be important for amount of tuition and fees the educational ‘‘(d) CONSIDERATION.—Whenever the Sec- meeting preconditions of employment. retary considers whether to approve a course institution charges a student for completing ‘‘(B) A discussion of how the various poli- the program of education within normal of education of an educational institution cies of educational institutions regarding the time (as defined in section 668.41(a) of title under this chapter, the Secretary shall re- transfer of academic credit can affect the in- 34, Code of Federal Regulations (or any cor- view and take into consideration the com- dividual and what kinds of issues are com- responding similar regulation or ruling)), the monly encountered by students trying to plaints processed and tracked by the system typical costs for books and supplies (unless transfer academic credit. established under subsection (a) regarding those costs are included as part of tuition ‘‘(C) An overview of Federal student aid the educational institution. and fees), and the cost of room and board, if programs, the implications of incurring stu- applicable, and a calculation of how much of ‘‘(e) PRIVACY.—(1) Whenever a complaint is dent loan debt, and discussion of how receipt such costs can be covered by educational as- shared under subsection (b)(5), the complaint of Federal student aid can enable a student shall be anonymized, unless the complainant to complete a program of education without sistance available to the individual under gives permission to the Secretary to share incurring significant educational debt. laws administered by the Secretary. the complainant’s identity. ‘‘(D) An assessment of the type and ‘‘(ix) A description of the status of the ac- creditation of the educational institution ‘‘(2) The Secretary may not share a com- amount of educational assistance available to the individual under Federal law and and each program of education offered by the plaint under subsection (b)(5) with an edu- under the laws of the State in which the in- educational institution. cational institution if the complainant re- dividual resides and of any other State of the ‘‘(x) The median, for all veterans described quests that such complaint not be shared individual’s choosing. in subsection (b)(1) who complete a program with an educational institution.’’. ‘‘(E) A discussion of the important role of education at the education institution that is an eligible program of training to (b) CLERICAL AMENDMENT.—The table of that academic planning plays in completing prepare students for employment in a recog- sections at the beginning of chapter 36 of a program of study. nized occupation, of the duration of each pe- such title is amended by inserting after the ‘‘(F) A comprehensive list of educational institutions located in the State in which riod beginning on the date on which a vet- item relating to section 3693 the following eran completes a program of education at new item: the individual resides and in any other State of the individual’s choosing. the educational institution and the date on ‘‘3693A. Complaint tracking system.’’. ‘‘(G) For each educational institution list- which the veteran first obtains employment ed under subparagraph (F), the following in- after completing such program. formation, if available, in a format that al- ‘‘(xi) The median, for all people who com- SA 3130. Mr. LAUTENBERG (for him- lows for easy comparison of educational in- plete a program of education at the edu- cation institution that is an eligible program self and Mr. RUBIO) submitted an stitutions: ‘‘(i) Whether financial assistance is avail- of training to prepare students for employ- amendment intended to be proposed by able to a student enrolled in a program of ment in a recognized occupation, of the dura- him to the bill S. 3254, to authorize ap- education at the educational institution tion of each period beginning on the date on propriations for fiscal year 2013 for under title IV of the Higher Education Act of which a person completes a program of edu- military activities of the Department 1965 (20 U.S.C. 1070 et seq.). cation at the educational institution and the of Defense, for military construction, ‘‘(ii) The number of veterans enrolled in a date on which the person first obtains em- program of education at the educational in- ployment after completing such program. and for defense activities of the De- stitution who received educational assist- ‘‘(xii) The percentages of veterans and the partment of Energy, to prescribe mili- ance under a law administered by the Sec- percentages of people enrolled in programs of tary personnel strengths for such fiscal retary in the most recently completed aca- education at the educational institution who year, and for other purposes; which was demic year. obtain a degree or certificate within— ordered to lie on the table; as follows: ‘‘(iii) A list of— ‘‘(I) the normal time for completion of, or ‘‘(I) academic and student support services graduate from, the veteran’s or person’s pro- At the end of Division A, add the following: provided by the educational institution to gram, as the case may be;

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7106 CONGRESSIONAL RECORD — SENATE November 28, 2012 ‘‘(II) 150 percent of the normal time for SEC. 1803. VETERANS’ EDUCATION CONSUMER and for defense activities of the De- completion of, or graduation from, the vet- COMPLAINT TRACKING SYSTEM. partment of Energy, to prescribe mili- eran’s or person’s program, as the case may (a) IN GENERAL.—Chapter 36 of title 38, tary personnel strengths for such fiscal United States Code, is amended by inserting be; and year, and for other purposes; which was ‘‘(III) 200 percent of the normal time for after section 3693 the following new section: ordered to lie on the table; as follows: completion of, or graduation from, the vet- ‘‘§ 3693A. Complaint tracking system eran’s or person’s program, as the case may ‘‘(a) ESTABLISHMENT.—Not later than 180 At the end of subtitle E of title VIII, add be. days after the date of the enactment of this the following: ‘‘(xiii) The number of students enrolled in section, the Secretary shall establish a sys- SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- a program of education at the educational tem to collect, process, and track complaints MUNITION ACQUISITION. institution and the number of such students submitted to the Secretary by individuals re- (a) STUDY.— who submit a complaint to the Secretary ceiving educational assistance under laws (1) IN GENERAL.—Not later than 30 days under section 3693A(a) of this title. administered by the Secretary who are en- after the date of the enactment of this Act, ‘‘(xiv) Whether the educational institution rolled in programs of education at edu- the Secretary of Defense shall enter into a has been reported by a Federal or State cational institutions to report instances of contract with a Federally Funded Research agency or a nationally or regionally recog- fraud, waste, and abuse by such institutions and Development Center to conduct a study nized accrediting agency or association as with respect to the benefits and services pro- on the Army’s acquisition of small arms and failing to comply with, or has a significant vided by such institutions to such individ- ammunition to determine each of the fol- risk of failing to comply with, a provision of uals. lowing: title IV of the Higher Education Act of 1965 ‘‘(b) REQUIREMENTS.—This system estab- (A) A comparative evaluation of the (20 U.S.C. 1070 et seq.). lished under subsection (a) shall meet the Army’s M16 rifle, M4 carbine, M9 pistol, and ‘‘(xv) A description of the topics or sub- following requirements: M249 light machine gun to other rifles, car- jects of the 3 most numerous complaints ‘‘(1) The system shall create an individual bines, pistols, and machine guns in use by filed during the most recent 3-year period case number for each complaint processed special operations forces, foreign militaries, under section 3693A of this title with respect and tracked in the system. and available commercially. to the educational institution. ‘‘(2) The system shall allow for the report- (B) An assessment of the Army’s current ‘‘(xvi) With respect to each of clauses (i) ing of complaints, disaggregated by edu- plans to modernize its small arms rifle, pis- through (xiv), how the educational institu- cational institution. tol, and light machine gun inventories. tion compares with other educational insti- ‘‘(3) The system shall allow for the report- (C) A comparative evaluation of the tutions as follows: ing of complaints, disaggregated by topic or Army’s standard ammunition with other am- ‘‘(I) If the educational institution is a 4- subject matter. munition alternatives. year educational institution, how the edu- ‘‘(4) The system shall allow for the sub- (2) FACTORS TO CONSIDER.—The study re- cational institution compares with the aver- mittal of complaints by— quired under subsection (a) shall take into age of all 4-year educational institutions. ‘‘(A) Internet website; and consideration the following factors: ‘‘(II) If the educational institution is a 2- ‘‘(B) telephone via a toll-free number that (A) The operational environment in Oper- year educational institution, how the edu- is available every day at all hours. ations Iraqi Freedom and Enduring Freedom. cational institution compares with the aver- ‘‘(5) The system shall allow for the sharing (B) Future operating environments as spec- age of all 2-year educational institutions. of complaints with the following: ified or referred to in Department of Defense ‘‘(III) If the educational institution is a ‘‘(A) The educational institutions that are strategic planning documents. less than 2-year educational institution, how the subjects of the complaints. (C) Modifications and improvements re- the educational institution compares with ‘‘(B) The Secretary of Education. cently introduced to the M16, M4, and M249, the average of all less than 2-year edu- ‘‘(C) The Secretary of Defense. as well as their potential for continued de- cational institutions. ‘‘(D) State approving agencies. velopment. ‘‘(xvii) Such other information as the Sec- ‘‘(E) Nationally or regionally recognized (D) Industrial base impacts. retary considers appropriate to assist the in- accrediting agencies and associations. (3) ACCESS TO INFORMATION.—The Secretary dividual in selecting an educational institu- ‘‘(F) Such other Federal agencies as the of Defense and the Secretary of the Army tion or training establishment as described Secretary of Veterans Affairs considers ap- shall ensure that the Federally Funded Re- in subsection (a)(1). propriate. search and Development Center conducting ‘‘(4) To the extent such information is al- ‘‘(c) OUTREACH.—The Secretary shall con- the study required under subsection (a) has ready available to the agencies, the Sec- duct such outreach as may be necessary to access to all necessary data, records, anal- retary shall collect such information as the inform individuals described in subsection ysis, personnel, and other resources nec- Secretary requires to carry paragraph (3) (a) of the system and process established essary to complete the study. from the Secretary of Education, the Sec- under such subsection. (b) REPORT.— retary of Defense, and the heads of such ‘‘(d) CONSIDERATION BY STATE APPROVING (1) IN GENERAL.—Not later than September other Federal agencies as the Secretary con- AGENCIES.—Whenever a State approving 30, 2013, the Secretary of Defense shall sub- siders appropriate. agency considers whether to approve a mit to the congressional defense committees ‘‘(5) The Secretary shall make available to course of education of an educational insti- a report containing— the public on an Internet website such infor- tution under this chapter, the State approv- (A) the results of the study conducted mation provided under paragraph (3) as the ing agency shall review and take into consid- under subsection (a), together with the com- Secretary considers appropriate. eration the complaints processed and ments of the Secretary of Defense on the tracked by the system established under sub- ‘‘(6) Making information available under findings contained in the study; and section (a) regarding the educational institu- paragraphs (3) and (5) shall not be required in (B) comments of the Secretary of the Army tion. a case in which the number of students in a on the findings contained in the study. ‘‘(e) PRIVACY.—(1) Whenever a complaint is category is insufficient to yield statistically (2) CLASSIFIED ANNEX.—The report shall be shared under subsection (b)(5), the complaint reliable information or the results would re- in unclassified form, but may contain a clas- shall be anonymized, unless the complainant veal personally identifiable information sified annex. gives permission to the Secretary to share about a student.’’. (c) SMALL ARMS AND AMMUNITION DE- the complainant’s identity. FINED.—In this section, the term ‘‘small FFECTIVE DATE.—Subsection (a) shall (b) E ‘‘(2) The Secretary may not share a com- arms and ammunition’’ means firearms up to take effect on the date that is one year after plaint under subsection (b)(5) with an edu- and including .50 caliber and shotguns and the date of the enactment of this Act and cational institution if the complainant re- ammunition or ordnance for such firearms. subsection (c) of section 3697A of such title, quests that such complaint not be shared as added by such subsection, shall apply with with an educational institution.’’. SA 3132. Mr. COONS submitted an respect to individuals who apply for edu- (b) CLERICAL AMENDMENT.—The table of cational assistance described in subsection sections at the beginning of chapter 36 of amendment intended to be proposed by (b)(1) of such section on or after such date. such title is amended by inserting after the him to the bill S. 3254, to authorize ap- SEC. 1802. REPEAL OF LIMITATION ON PAYMENTS item relating to section 3693 the following propriations for fiscal year 2013 for FOR CONTRACT EDUCATIONAL AND new item: military activities of the Department VOCATIONAL COUNSELING PRO- ‘‘3693A. Complaint tracking system.’’. of Defense, for military construction, VIDED BY SECRETARY OF VETERANS and for defense activities of the De- AFFAIRS. SA 3131. Mr. COBURN submitted an partment of Energy, to prescribe mili- Section 3697 of title 38, United States Code, amendment intended to be proposed by tary personnel strengths for such fiscal is amended— year, and for other purposes; which was (1) by striking subsection (b); and him to the bill S. 3254, to authorize ap- (2) in subsection (a), by striking ‘‘(a) Sub- propriations for fiscal year 2013 for ordered to lie on the table; as follows: ject to subsection (b) of this section, edu- military activities of the Department At the end of subtitle H of title X, add the cational’’ and inserting ‘‘Educational’’. of Defense, for military construction, following:

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7107 SEC. 1084. TECHNICAL AMENDMENTS RELATING (D) in section 34 (15 U.S.C. 657e), as so re- security at United States diplomatic mis- TO THE TERMINATION OF THE designated— sions globally. ARMED FORCES INSTITUTE OF PA- (i) by striking ‘‘section 34’’ each place it (2) CONTENT.—The report required under THOLOGY UNDER DEFENSE BASE appears and inserting ‘‘section 33’’; and paragraph (1) shall include the following ele- CLOSURE AND REALIGNMENT. Section 177 of title 10, United States Code, (ii) in subsection (c)(1), by striking section ments: is amended— ‘‘34(c)(1)(E)(ii)’’ and inserting section (A) An accounting of the events that oc- (1) in subsection (a)— ‘‘33(c)(1)(E)(ii)’’; curred beginning on September 11, 2012, at (A) in paragraph (2), by striking ‘‘those (E) in section 36(d) (15 U.S.C. 657i(d)), as so the United States Embassy in Cairo, Egypt, professional societies’’ and all that follows redesignated, by striking ‘‘section 43’’ and and the United States Consulate in through ‘‘the Armed Forces Institute of Pa- inserting ‘‘section 42’’; Benghazi, Libya, and on September 13, 2012, thology’’ and inserting ‘‘the professional so- (F) in section 39(d) (15 U.S.C. 657l(d)), as so at the United States Embassy in Sana’a cieties and organizations that support the redesignated, by striking ‘‘section 43’’ and Yemen. activities of the American Registry of Pa- inserting ‘‘section 42’’; and (B) An accounting of whether the United thology’’; and (G) in section 40(b) (15 U.S.C. 657m(b)), as States Government had actionable intel- (B) in paragraph (3), by striking ‘‘with the so redesignated, by striking ‘‘section 43’’ and ligence before the attacks on the United concurrence of the Director of the Armed inserting ‘‘section 42’’. States Embassy in Cairo, the United States Forces Institute of Pathology’’; (2) TITLE 10.—Section 1142(b)(13) of title 10, Consulate in Benghazi, and the United (2) in subsection (b)— United States Code, is amended by striking States Embassy in Sana’a, including rec- (A) by striking paragraph (1); ‘‘and the National Veterans Business Devel- ommendations for changes in resources, col- (B) by redesignating paragraphs (2), (3), (4), opment Corporation’’. lection, and analysis in the future. and (5) as paragraphs (1), (2), (3), and (4), re- (3) TITLE 38.—Section 3452(h) of title 38, (C) A statement on and assessment of the spectively; and United States Code, is amended by striking responsiveness of the respective govern- (C) in paragraph (2), as redesignated by ‘‘any of the’’ and all that follows and insert- ments’ security forces once the attacks subparagraph (B)— ing ‘‘any small business development center began. (i) by striking ‘‘accept gifts and grants described in section 21 of the Small Business (D) An assessment of the diplomatic secu- from and’’; and Act (15 U.S.C. 648), insofar as such center of- rity response in each of the affected loca- (ii) by inserting ‘‘and accept gifts and fers, sponsors, or cosponsors an entrepre- tions and whether different actions could grants from such entities’’ before the semi- neurship course, as that term is defined in have prevented or mitigated the attacks. colon; and section 3675(c)(2).’’. (E) An assessment of the level of coopera- (3) in subsection (d), by striking ‘‘to the (4) FOOD, CONSERVATION, AND ENERGY ACT tion by the Governments of Egypt, Libya, Director’’ and all that follows through ‘‘it OF 2008.—Section 12072(c)(2) of the Food, Con- and Yemen into the investigations of the at- deems desirable,’’ and inserting ‘‘annually to servation, and Energy Act of 2008 (15 U.S.C. tacks and their efforts to find and hold re- its Board and supporting organizations re- 636g(c)(2)) is amended by striking ‘‘section 43 sponsible the perpetrators involved. ferred to in subsection (a)(2)’’. of the Small Business Act, as added by this (F) An assessment of the state of security Act’’ and inserting ‘‘section 42 of the Small at United States embassies and consulates SA 3133. Ms. SNOWE (for herself, Ms. Business Act (15 U.S.C. 657o)’’. globally. LANDRIEU, Mr. COBURN, and Mr. KERRY) (5) VETERANS ENTREPRENEURSHIP AND (G) An annex to include all cables, emails, submitted an amendment intended to SMALL BUSINESS DEVELOPMENT ACT OF 1999.— and other communications regarding the se- be proposed by her to the bill S. 3254, to Section 203(c)(5) of the Veterans Entrepre- curity situation in Benghazi prior to and neurship and Small Business Development since the attack on the United States con- authorize appropriations for fiscal year Act of 1999 (15 U.S.C. 657b note) is amended sulate and annex facility. 2013 for military activities of the De- by striking ‘‘In cooperation with the Na- (c) REPORT ON RECOMMENDED CHANGES TO partment of Defense, for military con- tional Veterans Business Development Cor- SECURITY PROCEDURES AT UNITED STATES EM- struction, and for defense activities of poration, develop’’ and inserting ‘‘Develop’’. BASSIES AND CONSULATES.— the Department of Energy, to prescribe (1) IN GENERAL.—Not later than 90 days military personnel strengths for such SA 3134. Mr. DEMINT (for himself after the date of the enactment of this Act, fiscal year, and for other purposes; and Mr. CORKER) submitted an amend- the Secretary of State shall submit to the which was ordered to lie on the table; ment intended to be proposed by him appropriate congressional committees a re- as follows: to the bill S. 3254, to authorize appro- port containing recommendations for im- priations for fiscal year 2013 for mili- proving security operations at United States At the end of subtitle H of title X, add the embassies and consulates globally. following: tary activities of the Department of (2) CONTENT.—The report required under SEC. 1084. NATIONAL VETERANS BUSINESS DE- Defense, for military construction, and paragraph (1) shall include the following ele- VELOPMENT CORPORATION. for defense activities of the Depart- ments: (a) IN GENERAL.—The Small Business Act ment of Energy, to prescribe military (A) Recommendations for improving the (15 U.S.C. 631 et seq.) is amended by striking personnel strengths for such fiscal hiring and training of security personnel at section 33 (15 U.S.C. 657c). United States embassies and consulates glob- (b) CORPORATION.—On and after the date of year, and for other purposes; which was enactment of this Act, the National Vet- ordered to lie on the table; as follows: ally. erans Business Development Corporation and At the end of subtitle C of title XII, add (B) Recommendations for improving the any successor thereto may not represent the following: collection and sharing of intelligence on credible threats to United States embassies that the corporation is federally chartered or SEC. 1233. REPORT ON ATTACKS ON UNITED in any other manner authorized by the Fed- STATES MISSIONS IN LIBYA, EGYPT, and consulates globally. eral Government. AND YEMEN. (3) APPROPRIATE CONGRESSIONAL COMMIT- (c) TECHNICAL AND CONFORMING AMEND- (a) FINDINGS.—Congress makes the fol- TEES DEFINED.—In this subsection, the term MENTS.— lowing findings: ‘‘appropriate congressional committees’’ (1) SMALL BUSINESS ACT.—The Small Busi- (1) Congress condemns in the strongest means— ness Act (15 U.S.C. 631 et seq.), as amended terms possible the attacks on the United (A) the Committee on Foreign Relations by this section, is amended— States diplomatic missions in Libya, Egypt, and the Select Committee on Intelligence of (A) by redesignating sections 34 through 45 and Yemen. the Senate; and as sections 33 through 44, respectively; (2) The American people mourn the loss of (B) the Committee on Foreign Affairs and (B) in section 9(k)(1)(D) (15 U.S.C. our selfless public servants and offer our the Permanent Select Committee on Intel- 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and heartfelt condolences to the families of those ligence of the House of Representatives. inserting ‘‘section 33(d)’’; killed in Benghazi, Libya. (d) FORM.—The reports submitted under (C) in section 33 (15 U.S.C. 657d), as so re- (b) REPORTS ON ATTACKS AT UNITED STATES subsections (b) and (c) shall be submitted in designated— MISSIONS IN LIBYA, EGYPT, AND YEMEN.— unclassified form, but may contain a classi- (i) by striking ‘‘section 35’’ each place it (1) IN GENERAL.—Not later than 30 days fied annex. appears and inserting ‘‘section 34’’; after the date of the enactment of this Act, (ii) in subsection (a)— the President shall submit to the Committee SA 3135. Ms. MURKOWSKI submitted (I) in paragraph (2), by striking ‘‘section on Foreign Relations of the Senate and the an amendment intended to be proposed 35(c)(2)(B)’’ and inserting ‘‘section Committee on Foreign Affairs of the House by her to the bill S. 3254, to authorize 34(c)(2)(B)’’; of Representatives a report on the Sep- appropriations for fiscal year 2013 for (II) in paragraph (4), by striking ‘‘section tember 11, 2012, attack on the United States military activities of the Department 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and Consulate in Benghazi, Libya, the attacks on (III) in paragraph (5), by striking ‘‘section the United States Embassy in Cairo, Egypt, of Defense, for military construction, 35(c)’’ and inserting ‘‘section 34(c)’’; and that began on September 11, 2012, the Sep- and for defense activities of the De- (iii) in subsection (h)(2), by striking ‘‘sec- tember 13, 2012, attack on the United States partment of Energy, to prescribe mili- tion 35(d)’’ and inserting ‘‘section 34(d)’’; Embassy in Sana’a, Yemen, and the state of tary personnel strengths for such fiscal

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7108 CONGRESSIONAL RECORD — SENATE November 28, 2012 year, and for other purposes; which was SEC. 704. INCLUSION OF CERTAIN PSYCHOLO- (e) DURATION OF REDUCED AID.— ordered to lie on the table; as follows: GISTS AS QUALIFIED TO SERVE AS (1) FIRST FISCAL YEAR.—Assistance shall be PSYCHOLOGISTS UNDER THE reduced under subsection (b), (c), or (d) for On page 502, line 7, strike ‘‘2013’’ and insert TRICARE PROGRAM. the fiscal year in which the conditions of (a) IN GENERAL.—Notwithstanding any ‘‘2014’’. such subsection are met. other provision of law, Psychological Associ- (2) SUBSEQUENT FISCAL YEARS.— ates, licensed by the State of Alaska, shall (A) ASSISTANCE TO PALESTINIAN AUTHORITY SA 3136. Ms. MURKOWSKI submitted be treated as psychologists for purposes of OR UNITED NATIONS ENTITY.—Assistance shall an amendment intended to be proposed participation in the TRICARE program while continue to be reduced pursuant to sub- by her to the bill S. 3254, to authorize providing services within their lawful scope sections (b) and (c) in each subsequent fiscal appropriations for fiscal year 2013 for of practice to eligible beneficiaries under the year until permanent status issues between TRICARE program in the State of Alaska. military activities of the Department Israel and the Palestinian Authority are of Defense, for military construction, (b) TRICARE PROGRAM DEFINED.—In this section, the term ‘‘TRICARE program’’ has fully resolved. and for defense activities of the De- the meaning given that term in section (B) ASSISTANCE TO COUNTRIES UNDERMINING partment of Energy, to prescribe mili- 1072(7) of title 10, United States Code. STATUS NEGOTIATIONS.—Assistance shall con- tary personnel strengths for such fiscal tinue to be reduced pursuant to subsection year, and for other purposes; which was SA 3139. Mr. BARRASSO (for him- (d) until the country subject to the restric- ordered to lie on the table; as follows: self, Mr. LEE, and Mr. INHOFE) sub- tion subsequently votes at the United Na- mitted an amendment intended to be tions to revert the status of the Palestinian On page 506, beginning on line 2, strike proposed by him to the bill S. 3254, to mission back to the status it held on Novem- ‘‘Air Force assigned to’’ and all that follows ber 25, 2012. authorize appropriations for fiscal year through line 4 and insert the following: ‘‘Air (f) PRESIDENTIAL WAIVER.—The President Force, the Air National Guard, or the Air 2013 for military activities of the De- may exempt a country from the restriction Force Reserve as of May 31, 2012, including partment of Defense, for military con- described in subsection (d) if the President any activities carried out pursuant to the struction, and for defense activities of determines such exemption is in the national National Environmental Policy Act of 1969 the Department of Energy, to prescribe security interests of the United States and (42 U.S.C. 4321 et seq.).’’. military personnel strengths for such submits to Congress a written statement ex- fiscal year, and for other purposes; plaining such national security interest. SA 3137. Ms. MURKOWSKI submitted which was ordered to lie on the table; an amendment intended to be proposed as follows: SA 3140. Mr. WARNER submitted an by her to the bill S. 3254, to authorize At the end of subtitle D of title XII, add amendment intended to be proposed by appropriations for fiscal year 2013 for the following: him to the bill S. 3254, to authorize ap- military activities of the Department SEC. 1246. STATUS OF PALESTINIAN MISSION TO propriations for fiscal year 2013 for of Defense, for military construction, UNITED NATIONS. military activities of the Department and for defense activities of the De- (a) FINDINGS.—Congress makes the fol- of Defense, for military construction, lowing findings: partment of Energy, to prescribe mili- and for defense activities of the De- (1) The Oslo II Agreement, Wye River partment of Energy, to prescribe mili- tary personnel strengths for such fiscal Memo, and Sharm el-Sheikh Memo all pro- year, and for other purposes; which was hibit either party from ‘‘chang[ing] the sta- tary personnel strengths for such fiscal ordered to lie on the table; as follows: tus of the West Bank and the Gaza Strip’’ year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title XVII, add the following: prior to the completion of permanent status negotiations. At the end of subtitle F of title X, add the SEC. 1711. RETENTION OF LEADERSHIP RANK, (2) According to the Congressional Re- following: AIRCRAFT, AND CORE FUNCTIONS search Service, the United States has com- OF THE 354TH FIGHTER WING AND SEC. 1064. REPORT ON NIGHT VISION EXPORT THE 18TH AGGRESSOR SQUADRON mitted over $4,000,000,000 in bilateral assist- CONTROL REGULATIONS. AT EIELSON AIR FORCE BASE, ALAS- ance to the Palestinians since the mid-1990s. (a) UPDATING OF EXPORT REGULATIONS.— KA. (3) According to at least one media report, The Secretary of Defense shall review and re- the number of rockets and mortars fired at (a) IN GENERAL.—The Secretary of the Air vise the Department of Defense’s night vi- Force shall retain the current leadership Israel from Gaza as of November 22, 2012, is sion export regulations and specifications to rank, aircraft and core functions of the 354th more than 2,300. ensure a robust domestic manufacturing ca- (b) REDUCED ASSISTANCE TO PALESTINIAN Fighter Wing and the 18th Aggressor Squad- pability. AUTHORITY FOR UNDERMINING ISRAELI-PALES- ron at Eielson Air Force Base, Alaska, with (b) REPORT.—Not later than March 1, 2013, TINIAN PERMANENT STATUS NEGOTIATIONS.— the same integrated mission elements, re- the Secretary of Defense shall submit to the The President shall reduce by 50 percent the sponsibilities, and capabilities as existed as congressional defense committees a report total United States assistance provided to of November 1, 2011, until the later of— describing actions taken to update the De- the Palestinian Authority if it seeks at any (1) October 1, 2013; or partment of Defense’s night vision export time after November 25, 2012, at the United (2) the date that is 180 days after the Na- regulations pursuant to subsection (a). Nations General Assembly or any other tional Commission on the Structure of the United Nations entity status different than Air Force submits to the congressional de- Mr. WARNER submitted an the status it held on November 25, 2012. SA 3141. fense committees the report required under (c) REDUCED ASSISTANCE TO ANY UNITED amendment intended to be proposed by section 1703. NATIONS ENTITY UNDERMINING ISRAELI-PALES- him to the bill S. 3254, to authorize ap- (b) RULE OF CONSTRUCTION.—Nothing in TINIAN PERMANENT STATUS NEGOTIATIONS.— propriations for fiscal year 2013 for this section shall be construed to relieve the The President shall withhold 50 percent of military activities of the Department Secretary of the Air Force of the obligation the total appropriated contributions to any of Defense, for military construction, to comply with any other conditions prece- United Nations entity if that entity grants dent in law or regulation which govern any and for defense activities of the De- at any time after November 25, 2012, to the partment of Energy, to prescribe mili- proposed modification to current operations Palestinian mission a status different than at Eielson Air Force Base after the dates re- the status the Palestinian mission held on tary personnel strengths for such fiscal ferred to in paragraphs (1) and (2) of sub- November 25, 2012. year, and for other purposes; which was section (a). (d) REDUCED ASSISTANCE TO COUNTRIES UN- ordered to lie on the table; as follows: DERMINING ISRAELI-PALESTINIAN PERMANENT At the end of subtitle E of title X, add the SA 3138. Ms. MURKOWSKI submitted STATUS NEGOTIATIONS.—The President shall following: reduce by 20 percent the total United States an amendment intended to be proposed SEC. 1048. MINIMUM NUMBER OF PERSONNEL assistance provided to any country voting by her to the bill S. 3254, to authorize FOR THE JOINT WARFIGHTING after November 25, 2012, at the United Na- ANALYSIS CENTER. appropriations for fiscal year 2013 for tions in favor of— military activities of the Department The minimum number of personnel for the (1) granting a Palestinian entity status as Joint Warfighting Analysis Center (JWAC) of Defense, for military construction, a Member State; may not be less than 450. and for defense activities of the De- (2) granting a Palestinian entity observer partment of Energy, to prescribe mili- status as a non-Member State; or SA 3142. Mr. PORTMAN submitted an tary personnel strengths for such fiscal (3) otherwise altering the status of the Per- amendment intended to be proposed by year, and for other purposes; which was manent Observer Mission of Palestine to the United Nations so as to grant it a status that him to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: interferes with the resolution of permanent propriations for fiscal year 2013 for At the end of subtitle A of title VII, add status issues between Israel and the Pales- military activities of the Department the following: tinian Authority. of Defense, for military construction,

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7109 and for defense activities of the De- (4) STATE.—The term ‘‘State’’ means each ices of an individual who does not bring to partment of Energy, to prescribe mili- of the several States, the District of Colum- that organization what he or she claims, and tary personnel strengths for such fiscal bia, the Commonwealth of Puerto Rico, the whose falsehood, if discovered, would cause year, and for other purposes; which was Virgin Islands, Guam, and American Samoa. the organization’s donors concern that the (b) RESPONSE TO CONGRESSIONAL RE- organization’s board might not manage ordered to lie on the table; as follows: QUESTS.—The Secretary shall process con- money honestly. At the end of subtitle F of title X, add the gressional requests in accordance with the (7) The easily verifiable nature of false following: time limitations under section 552(a)(6) of claims regarding military service or the re- SEC. 1064. REPORT ON DEPARTMENT OF DE- title 5, United States Code, including, as ap- ceipt of military awards, the relative infre- FENSE SUPPORT FOR UNITED plicable, subparagraphs (D) and (E) of such quency of such claims, and the fact that STATES DIPLOMATIC SECURITY. section 552(a)(6). false claims of having served in the military (a) REPORT REQUIRED.—Not later than 180 (c) FEES PROHIBITED.—The Secretary may or received such awards are rightfully con- days after the date of the enactment of this not charge a fee in connection with any con- demned across the political spectrum, it is Act, the Secretary of Defense shall, in co- gressional request. especially likely that any law prohibiting ordination with the Secretary of State, sub- (d) NOTIFICATION OF STATUS OF CONGRES- such false claims would not be enforced se- mit to the Committees on Armed Services of SIONAL REQUESTS.—The Secretary shall no- lectively. the Senate and the House of Representatives tify a member of Congress of the status of a (8) Congress may make criminal the false a report on the findings of the ongoing De- congressional request submitted by the claim of military service or the receipt of partment of Defense review of defense sup- member of Congress— military awards based on its powers under port of United States diplomatic security. (1) at reasonable intervals; and article I, section 8, clause 2 of the Constitu- (b) ELEMENTS.—The report required by sub- (2) upon the request of the member of Con- tion of the United States, to raise and sup- section (a) shall include, but not be limited gress. port armies, and article I, section 8, clause 18 to, such findings and recommendations as (e) INFORMATION.—If the Secretary denies a of the Constitution of the United States, to the Secretaries consider appropriate with re- congressional request, in whole or in part, enact necessary and proper measures to spect to the following: the Secretary shall provide to the member of carry into execution that power. (1) Department of Defense authorities, di- Congress who submitted the congressional SEC. 5003. MILITARY MEDALS OR DECORATIONS. rectives, and guidelines in support of diplo- request— Section 704 of title 18, United States Code, matic security. (1) a particularized description of any doc- is amended to read as follows: (2) Interagency processes and procedures to ument or information to which access is de- identify, validate, and resource diplomatic nied; and ‘‘§ 704. Military medals or decorations security support required from the Depart- (2) the reasons for the denial. ‘‘(a) IN GENERAL.—Whoever knowingly pur- ment of Defense. chases, attempts to purchase, solicits for (3) Department of Defense roles, missions, SA 3144. Mr. WEBB (for himself, Mr. purchase, mails, ships, imports, exports, pro- and resources required to fulfill require- BROWN of Massachusetts, and Mr. LIE- duces blank certificates of receipt for, manu- ments for United States diplomatic security, BERMAN) submitted an amendment in- factures, sells, attempts to sell, advertises including, but not limited to the following: tended to be proposed by him to the for sale, trades, barters, or exchanges for (A) Marine Corps Embassy Security Guard bill S. 3254, to authorize appropriations anything of value any decoration or medal detachments. authorized by Congress for the Armed Forces (B) Training and advising host nation secu- for fiscal year 2013 for military activi- of the United States, or any of the service rity forces for diplomatic security. ties of the Department of Defense, for medals or badges awarded to the members of (C) Intelligence collection to prevent and military construction, and for defense such forces, or the ribbon, button, or rosette respond to threats to diplomatic security. activities of the Department of Energy, of any such badge, decoration, or medal, or (D) Security assessments of diplomatic to prescribe military personnel any colorable imitation thereof, except when missions. strengths for such fiscal year, and for authorized under regulations made pursuant (E) Support of emergency action planning. other purposes; which was ordered to to law, shall be fined under this title, impris- (F) Rapid response forces to respond to lie on the table; as follows: oned for not more than 6 months, or both. threats to diplomatic security. ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILI- At the end, add the following: (c) FORM.—The report required by sub- TARY DECORATIONS, MEDALS, OR RIBBONS AND section (a) shall be submitted in unclassified DIVISION E—STOLEN VALOR ACT FALSE CLAIMS RELATING TO MILITARY SERV- form, but may include a classified annex. SEC. 5001. SHORT TITLE. ICE IN ORDER TO SECURE A TANGIBLE BENEFIT This division may be cited as the ‘‘Stolen OR PERSONAL GAIN.— SA 3143. Ms. MURKOWSKI submitted Valor Act of 2012’’. ‘‘(1) IN GENERAL.—Whoever, with the intent an amendment intended to be proposed SEC. 5002. FINDINGS. of securing a tangible benefit or personal by her to the bill S. 3254, to authorize Congress find the following: gain, knowingly, falsely, and materially rep- appropriations for fiscal year 2013 for (1) Because of the great respect in which resents himself or herself through any writ- military activities of the Department military service and military awards are ten or oral communication (including a re- of Defense, for military construction, rightfully held by the public, false claims of sume) to have served in the Armed Forces of the United States or to have been awarded and for defense activities of the De- receiving such medals or serving in the mili- tary are especially likely to be harmful and any decoration, medal, ribbon, or other de- partment of Energy, to prescribe mili- vice authorized by Congress or pursuant to tary personnel strengths for such fiscal material to employers, voters in deciding to whom paid elective positions should be en- Federal law for the Armed Forces of the year, and for other purposes; which was trusted, and in the award of contracts. United States, shall be fined under this title, ordered to lie on the table; as follows: (2) Military service and military awards imprisoned for not more than 6 months, or At the end of subtitle H of title X, add the are held in such great respect that public both. following: and private decisions are correctly influ- ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— For purposes of this subsection, the term SEC. 1084. CONGRESSIONAL REQUESTS UNDER enced by claims of heroism. THE FREEDOM OF INFORMATION (3) False claims of military service or mili- ‘tangible benefit or personal gain’ includes— ACT. tary heroism are an especially noxious ‘‘(A) a benefit relating to military service (a) DEFINITIONS.—In this section, the fol- means of obtaining something of value be- provided by the Federal Government or a lowing definitions shall apply: cause they are particularly likely to cause State or local government; (1) CONGRESSIONAL REQUEST.—The term tangible harm to victims of fraud. ‘‘(B) public or private employment; ‘‘congressional request’’ means a request (4) False claims of military service or the ‘‘(C) financial remuneration; submitted by a member of Congress to the receipt of military awards, if believed, are ‘‘(D) an effect on the outcome of a criminal Secretary under section 552 of title 5, United especially likely to dispose people favorably or civil court proceeding; States Code (commonly known as the ‘‘Free- toward the speaker. ‘‘(E) election of the speaker to paying of- dom of Information Act’’) that relates to ac- (5) False claims of military service or the fice; and tivities of the Department of Defense in the receipt of military awards are particularly ‘‘(F) appointment to a board or leadership State represented by the member of Con- likely to be material and cause people to position of a non-profit organization. gress. part with money or property. Even if such ‘‘(c) DEFINITION.—In this section, the term (2) MEMBER OF CONGRESS.—The term claims are unsuccessful in bringing about ‘Armed Forces of the United States’ means ‘‘member of Congress’’ means a member of this result, they still constitute attempted the Army, Navy, Air Force, Marine Corps, the Senate or the House of Representatives, fraud. and Coast Guard, including the reserve com- a Delegate to the House of Representatives, (6) False claims of military service or the ponents named in section 10101 of title 10.’’. and the Resident Commissioner from Puerto receipt of military awards that are made to SEC. 5004. SEVERABILITY. Rico. secure appointment to the board of an orga- If any provision of this division, any (3) SECRETARY.—The term ‘‘Secretary’’ nization are likely to cause harm to such or- amendment made by this division, or the ap- means the Secretary of Defense. ganization through their obtaining the serv- plication of such provision or amendment to

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7110 CONGRESSIONAL RECORD — SENATE November 28, 2012 any person or circumstance is held to be un- priations for fiscal year 2013 for mili- him to the bill S. 3254, to authorize ap- constitutional, the remainder of the provi- tary activities of the Department of propriations for fiscal year 2013 for sions of this division, the amendments made Defense, for military construction, and military activities of the Department by this division, and the application of such for defense activities of the Depart- of Defense, for military construction, provisions or amendments to any person or circumstance shall not be affected. ment of Energy, to prescribe military and for defense activities of the De- personnel strengths for such fiscal partment of Energy, to prescribe mili- SA 3145. Mr. WARNER submitted an year, and for other purposes; which was tary personnel strengths for such fiscal amendment intended to be proposed by ordered to lie on the table; as follows: year, and for other purposes; which was him to the bill S. 3254, to authorize ap- At the end of subtitle D of title XII, add ordered to lie on the table; as follows: propriations for fiscal year 2013 for the following: At the end of subtitle C of title V, add the military activities of the Department SEC. 1246. BILATERAL DEFENSE TRADE RELA- following: of Defense, for military construction, TIONSHIP WITH INDIA. SEC. 526. REPORT ON STANDARDS FOR AUDI- and for defense activities of the De- (a) REPORT.— TORY FITNESS-FOR-DUTY OF MEM- (1) IN GENERAL.—Not later than 180 days BERS OF THE ARMED FORCES. partment of Energy, to prescribe mili- after the date of the enactment of this Act, (a) IN GENERAL.—Not later than 90 days tary personnel strengths for such fiscal the Secretary of Defense shall submit to the after the date of the enactment of this Act, year, and for other purposes; which was congressional defense committees a report the Secretary of Defense shall, in consulta- ordered to lie on the table; as follows: that articulates the vision of the Depart- tion with the Secretaries of the military de- partments— At the end of subtitle F of title X, add the ment of Defense for defense trade relations (1) develop auditory fitness-for-duty stand- following: between the United States and India within the context of the overall bilateral defense ards for members of the Armed Forces on ac- SEC. 1064. STUDY ON ABILITY OF NATIONAL AIR tive duty that accurately reflect essential AND GROUND TEST AND EVALUA- relationship. TION INFRASTRUCTURE FACILITIES (2) CONTENT.—The report required under operational requirements for such members, TO SUPPORT DEFENSE HYPERSONIC paragraph (1) shall include the following ele- as well as available accommodations to meet TEST AND EVALUATION ACTIVITIES. ments: such standards; and (a) STUDY REQUIRED.—The Director of the (A) A description of the Department’s ap- (2) submit to the Committees on Armed Office of Science and Technology Policy, proach for normalizing defense trade. Services of the Senate and the House of Rep- working with the Secretary of Defense and (B) An assessment of the defense capabili- resentatives a report on the updated stand- the Administrator of the National Aero- ties that the Secretary believes the Govern- ards to be used by the military departments nautics and Space Administration (NASA), ment of India should acquire in order to en- to determine the auditory fitness-for-duty of shall conduct a study on the ability of De- hance cooperation and coordination with the members of the Armed Forces on active partment of Defense and NASA air and United States Government on matters of duty. ground test and evaluation infrastructure fa- shared security interests. (b) ELEMENTS IN CONNECTION WITH UPDATED STANDARDS.—If an updated standard to be cilities and private ground test and evalua- (b) COMPREHENSIVE POLICY REVIEW.— used for determining the auditory fitness- tion infrastructure facilities, including wind (1) IN GENERAL.—The Secretary of Defense tunnels and air test ranges, as well as associ- shall lead a comprehensive policy review to for-duty of members of the Armed Forces on ated instrumentation, to support defense examine the feasibility of engaging in co- active duty differs from a standard currently or recently used for that purpose, the report hypersonic test and evaluation activities for production and co-development defense shall include a description of the difference the short and long term. projects with India. between the two standards and an assess- (b) REPORT AND PLAN.— (2) SCOPE.—The policy review should— ment of the impact of such updated standard (1) IN GENERAL.—Not later than one year (A) examine the parameters and require- on members of the Armed Forces on active after the date of the enactment of this Act, ments for United States-India cooperation as duty who have auditory impairments. the Secretary of Defense shall submit to the well as the terms and conditions India must appropriate congressional committees a re- fulfill to broach such cooperation; and port containing the results of the study re- SA 3148. Mr. HARKIN submitted an (B) consider potential areas of cooperation, amendment intended to be proposed by quired under subsection (a) together with a including the possibility of co-producing a plan for requirements and proposed invest- training aircraft to succeed the United him to the bill S. 3254, to authorize ap- ments to meet Department of Defense needs States Air Force’s T-38 aircraft and co-devel- propriations for fiscal year 2013 for through 2025. oping counter-IED technology or individual military activities of the Department (2) CONTENT.—The report required under soldier capabilities. of Defense, for military construction, paragraph (1) shall include the following ele- (c) SENSE OF CONGRESS ON INTERNATIONAL and for defense activities of the De- ments: INITIATIVES.—It is the sense of Congress that partment of Energy, to prescribe mili- (A) An assessment of the current condition the Department of Defense should— tary personnel strengths for such fiscal and adequacy of the hypersonics test and (1) conduct a review of all United States– evaluation infrastructure within the Depart- year, and for other purposes; which was India bilateral working groups dealing with ordered to lie on the table; as follows: ment of Defense, NASA, and the private sec- high technology transfers, including tech- tor to support hypersonic research and devel- nology security and licensing for dual-use At the end of subtitle C of title V, add the opment within the Department of Defense. and munitions licenses, and determine the following: (B) An identification of test and evaluation feasibility of establishing a single United SEC. 526. PILOT PROGRAM ON ACCESSION OF infrastructure that could be used to support States Government working group dedicated CANDIDATES WITH AUDITORY IM- PAIRMENTS AS AIR FORCE OFFI- Department of Defense hypersonic research to strategic technology trade; and development outside the Department CERS IN CRITICAL MILITARY SPE- (2) engage counterparts in the Government CIALTIES. and assess means to ensure the availability of India in an intensified dialogue on the cur- (a) PILOT PROGRAM REQUIRED.—Com- of such capabilities to the Department in the rent challenges related to the compatibility mencing not later than 180 days after the present and future. of the Foreign Military Sales and direct date of the enactment of this Act, the Sec- (C) A time-phased plan to acquire required commercial sales programs with the Indian retary of the Air Force shall carry out a hypersonics research, development, test and Defense Procurement Procedure (DPP), and pilot program to assess the feasibility and evaluation capabilities, including identifica- steps to improve compatibility; advisability of permitting individuals with tion of the resources necessary to acquire (3) engage counterparts in the Government auditory impairments (including deafness) to any needed capabilities that are currently of India in a dialogue about the elements of access as officers of the Air Force in order to not available. an effective defense industrial base, includ- fill the needs of the Air Force for officers in (3) APPROPRIATE CONGRESSIONAL COMMIT- ing personnel training, quality assurance, critical military specialties. TEES DEFINED.—In this subsection, the term and manufacturing procedures; (b) CANDIDATES.— ‘‘appropriate congressional committees’’ (4) consider the establishment of orienta- (1) NUMBER OF CANDIDATES.—The number of means— tion programs for new defense officials in the individuals with auditory impairments who (A) the Committee on Armed Services and Government of India about the procedures may participate in the pilot program shall be the Committee on Commerce, Science, and for United States defense sales, including li- not less than 15 individuals and not more Transportation of the Senate; and censing processes; and than 20 individuals. (B) the Committee on Armed Services and (5) continue and deepen ongoing efforts to (2) MIX AND RANGE OF AUDITORY IMPAIR- the Committee on Science, Space, and Tech- assist the Government of India in developing MENTS.—The individuals who participate in nology of the House of Representatives. its defense acquisition expertise by assisting the pilot program shall include individuals with the development of training institu- who are deaf and individuals having a range SA 3146. Mr. WARNER (for himself tions and human capital. of other auditory impairments. and Mr. CORNYN) submitted an amend- (3) QUALIFICATION FOR ACCESSION.—Any in- ment intended to be proposed by him SA 3147. Mr. HARKIN submitted an dividual who participates in the pilot pro- to the bill S. 3254, to authorize appro- amendment intended to be proposed by gram shall meet all essential qualifications

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7111 for accession as an officer in the Air Force, ‘‘December 31, 1971’’ and inserting ‘‘Decem- other purposes; which was ordered to other than those relating to having an audi- ber 31, 1990’’. lie on the table; as follows: (c) CLAIMS RELATING TO ATMOSPHERIC tory impairment. At the end of subtitle B of title VIII, add (c) BASIC TRAINING.—The individuals who TESTING.— the following: participate in the pilot program shall under- (1) LEUKEMIA CLAIMS RELATING TO TRINITY SEC. 827. APPLICABILITY OF BUY AMERICAN ACT go, at the election of the Secretary, the TEST IN NEW MEXICO.—Section 4(a)(1)(A) is TO PROCUREMENT OF PHOTO- Basic Officer Training course or the Commis- amended— VOLTAIC DEVICES BY DEPARTMENT sioned Officer Training course at Maxwell (A) in clause (i)— OF DEFENSE. Air Force Base, Alabama. (i) in subclause (II)— (a) PROCUREMENT OF PHOTOVOLTAIC DE- (d) SPECIALTY TO WHICH ASSIGNABLE.—An (I) by striking ‘‘in the affected area’’ and VICES.—The Secretary of Defense shall en- individual participating in the pilot program inserting ‘‘in an affected area’’; and sure that each contract described in sub- who successfully completes the training (II) by striking ‘‘or’’ after the semicolon; section (b) awarded by the Department of course selected for the individual under sub- (ii) by redesignating subclause (III) as sub- Defense includes a provision requiring any section (c) shall be assigned, at the election clause (IV); and photovoltaic devices installed pursuant to of the Secretary, to a specialty for which the (iii) by inserting after subclause (II) the the contract, or pursuant to a subcontract individual is otherwise qualified as follows: following: under the contract, to comply with the pro- (1) Judge advocate. ‘‘(III) was physically present in an affected visions of chapter 83 of title 41, United (2) A specialty performing intelligence area for the period beginning on June 30, States Code (commonly known as the ‘‘Buy functions. 1945, and ending on July 31, 1945; or’’; and American Act’’), without regard to whether (3) A specialty performing medical func- (B) in clause (ii)(I), by striking ‘‘physical the contract results in ownership of the pho- tions, dental functions, medical service func- presence described in subclause (I) or (II) of tovoltaic devices by the Department. tions, nursing functions, or biomedical clause (i) or onsite participation described in (b) COVERED CONTRACTS.—The contracts science functions. clause (i)(III)’’ and inserting ‘‘physical pres- described in this subsection include energy (4) A specialty performing chaplain func- ence described in subclause (I), (II), or (III) of savings performance contracts, utility serv- tions. clause (i) or onsite participation described in ice contracts, power purchase agreements, (5) Any other critical military specialty of clause (i)(IV)’’. land leases, and private housing contracts the Air Force specified by the Secretary for (2) SPECIFIED DISEASES CLAIMS RELATING TO pursuant to which any photovoltaic devices purposes of the pilot program. TRINITY TEST IN NEW MEXICO.—Section 4(a)(2) are— (e) REPORT.—Not later than two years after is amended— (1) installed on property or in a facility the date of the enactment of this Act, the (A) in subparagraph (A), by striking ‘‘in owned by the Department of Defense; and Secretary shall submit to the appropriate the affected area’’ and inserting ‘‘in an af- (2) generate power consumed predomi- committees of Congress a report on the pilot fected area’’; nantly by the Department and counted to- program. The report shall include the fol- (B) in subparagraph (B)— ward Federal renewable energy purchase re- lowing: (i) by striking ‘‘in the affected area’’ and quirements. (1) A description of the pilot program and inserting ‘‘in an affected area’’; and (c) COMPLIANCE WITH INTERNATIONAL OBLI- the participants in the pilot program. (ii) by striking ‘‘or’’ at the end; GATIONS.—Subsection (a) shall be applied in a (2) The outcomes of the pilot program. (C) by redesignating subparagraph (C) as manner consistent with the obligations of (3) Such recommendations for legislative subparagraph (D); and the United States under international agree- or administrative action as the Secretary (D) by inserting after subparagraph (B) the ments. considers appropriate in light of the pilot following: (d) PHOTOVOLTAIC DEVICES DEFINED.—In program. ‘‘(C) was physically present in an affected this section, the term ‘‘photovoltaic devices’’ (f) APPROPRIATE COMMITTEES OF CONGRESS area for the period beginning on June 30, means devices that convert light directly DEFINED.—In this section, the term ‘‘appro- 1945, and ending on July 31, 1945; or’’. into electricity. priate committees of Congress’’ means— (3) DEFINITION.—Section 4(b)(1) is amended (e) EFFECTIVE DATE.—This section applies (1) the Committee on Armed Services, the to read as follows: to photovoltaic devices procured or installed Committee on Health, Education, Labor, and ‘‘(1) ‘affected area’ means— on or after the date that is 30 days after the Pensions, and the Committee on Appropria- ‘‘(A) except as provided under subpara- date of the enactment of the this Act pursu- tions of the Senate; and graph (B)— ant to contracts entered into on or after (2) the Committee on Armed Services, the ‘‘(i) in the State of Utah, the counties of such date of enactment. Committee on Education and the Workforce, Washington, Iron, Kane, Garfield, Sevier, (f) SUNSET.— and the Committee on Appropriations of the Beaver, Millard, Wayne, San Juan, and (1) IN GENERAL.—This section shall expire House of Representatives. Piute; on the date that is one year after the date of ‘‘(ii) in the State of Nevada, the counties of the enactment of this Act. SA 3149. Mr. UDALL of New Mexico White Pine, Nye, Lander, Lincoln, Eureka, (2) CONTINUING EFFECTIVENESS OF CON- (for himself and Mr. BINGAMAN) sub- and that portion of Clark County that con- TRACTS AFTER SUNSET.—Nothing in para- mitted an amendment intended to be sists of townships 13 through 16 at ranges 63 graph (1) shall be construed to terminate the proposed by him to the bill S. 3254, to through 71; and effectiveness after the sunset date provided authorize appropriations for fiscal year ‘‘(iii) in the State of Arizona, the counties for in that paragraph of any contract award- 2013 for military activities of the De- of Coconino, Yavapai, Navajo, Apache, and ed by the Department of Defense and subject partment of Defense, for military con- Gila, and that part of Arizona that is north the provisions of this section while such con- tract remains in force. struction, and for defense activities of of the Grand Canyon; and ‘‘(B) with respect to a claim by an indi- (g) CONSTRUCTION WITH OTHER AUTHOR- the Department of Energy, to prescribe vidual under subsection (a)(1)(A)(i)(III) or ITY.—Nothing in this section shall be con- military personnel strengths for such (2)(C), only the counties of De Baca, Guada- strued to terminate the effectiveness of the fiscal year, and for other purposes; lupe, Lincoln, Otero, San Miguel, Socorro, applicability of the provisions of the section which was ordered to lie on the table; and Torrance in New Mexico.’’. 846 of the Ike Skelton National Defense Au- as follows: (4) CONFORMING AMENDMENTS.—Section 6 is thorization Act for Fiscal Year 2011 (10 U.S.C. 2534 note) to contracts that are award- At the appropriate place, insert the fol- amended— ed by the Department of Defense before the lowing: (A) in subsection (c)(2)(A)(i), by striking ‘‘in the affected area’’ and inserting ‘‘in an effective date provided for in subsection (e) SEC. lll. CLAIMS RELATING TO URANIUM MIN- or after the sunset date provided for in sub- ING. affected area’’; and section (f)(2). (a) REFERENCES.—Except as otherwise spe- (B) in subsection (e), by striking ‘‘in the af- fected area’’ and inserting ‘‘in an affected cifically provided, whenever in this section SA 3151. Mr. UDALL of New Mexico an amendment or repeal is expressed in area’’. terms of an amendment to or repeal of a sec- (for himself and Mr. BINGAMAN) sub- tion or other provision of law, the reference SA 3150. Mr. UDALL of New Mexico mitted an amendment intended to be shall be considered to be made to a section (for himself, Mr. SCHUMER, and Mr. proposed by him to the bill S. 3254, to or other provision of the Radiation Exposure BINGAMAN) submitted an amendment authorize appropriations for fiscal year Compensation Act (Public Law 101–426; 42 intended to be proposed by him to the 2013 for military activities of the De- U.S.C. 2210 note). bill S. 3254, to authorize appropriations partment of Defense, for military con- (b) DATES.— for fiscal year 2013 for military activi- struction, and for defense activities of (1) EMPLOYEES OF MINES AND MILLS.—Sec- ties of the Department of Defense, for the Department of Energy, to prescribe tion 5(a)(1)(A)(i) is amended by striking ‘‘De- cember 31, 1971; and’’ and inserting ‘‘Decem- military construction, and for defense military personnel strengths for such ber 31, 1990; or’’. activities of the Department of Energy, fiscal year, and for other purposes; (2) DATES OF OPERATION OF URANIUM MINE.— to prescribe military personnel which was ordered to lie on the table; Section 5(a)(2)(A) is amended by striking strengths for such fiscal year, and for as follows:

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7112 CONGRESSIONAL RECORD — SENATE November 28, 2012 On page 308, between lines 10 and 11, insert At the end of subtitle H of title X, add the (A) A projection of the fuel demands of the following: following: each military department during the five- SEC. 924A. USE OF NATIONAL SECURITY LABORA- SEC. 1084. ESTABLISHMENT OF NATIONAL CEN- year period beginning on the date of the en- TORIES IN DEVELOPMENT OF THE TER FOR ALGAL BIOTECHNOLOGY. actment of this Act that includes— NEXT-GENERATION HOST-BASED CY- (a) IN GENERAL.—The Secretary of Defense (i) the type of fuel expected to be used; BERSECURITY SYSTEM. and the Secretary of Energy shall jointly se- (ii) the expected annual usage; and (a) SENSE OF CONGRESS.—It is the sense of lect, on a competitive basis, from among or- (iii) projected transportation costs. Congress that— ganizations described in subsection (d), an (B) An assessment of opportunities for the (1) cybersecurity is a top priority of the organization to serve as a National Center military departments to decrease the use of United States; and for Algal Biotechnology. fossil fuels. (2) the national security laboratories of the (b) PURPOSES.—The purposes of the Na- National Nuclear Security Administration tional Center for Algal Biotechnology shall SA 3155. Ms. MURKOWSKI submitted are a national resource that can be used to be— an amendment intended to be proposed develop effective solutions to cybersecurity (1) to advance research and development in challenges. support of the strategic goals of the Depart- by her to the bill S. 3254, to authorize (b) COLLABORATION REQUIRED.—The Chief ment of Defense relating to energy produc- appropriations for fiscal year 2013 for Information Officer of the Department of De- tion and technology development for na- military activities of the Department fense and the Under Secretary of Defense for tional defense under the Defense Production of Defense, for military construction, Acquisition, Technology, and Logistics shall Act of 1950 (50 U.S.C. App. 2061 et seq.); and and for defense activities of the De- collaborate with the Administrator for Nu- (2) to advance research relating to energy partment of Energy, to prescribe mili- clear Security to use the research, engineer- independence and other national security ob- ing, and technological resources of the na- tary personnel strengths for such fiscal jectives, as determined by the Secretary of year, and for other purposes; which was tional security laboratories in developing Defense and the Secretary of Energy. the strategy to acquire next-generation host- (c) DUTIES.—The National Center for Algal ordered to lie on the table; as follows: based cybersecurity tools and capabilities Biotechnology shall— At the end of subtitle B of title I, add the for the Department of Defense required by (1) foster innovation, education, and entre- following: section 924(a). preneurial activities to support the commer- SEC. 112. SMALL UNIT SUPPORT VEHICLE. (c) NATIONAL SECURITY LABORATORY DE- cialization of bio algae fuel and improve its (a) FINDINGS.—Congress makes the fol- FINED.—In this section, the term ‘‘national cost effectiveness; security laboratory’’ has the meaning given lowing findings: (2) work to integrate a phenomics, that term in section 3281 of the National Nu- (1) The Secretary of Defense has directed a transcriptomics, proteomics, and clear Security Administration Act (50 U.S.C. strategic shift in focus for the Department of metabolomics pipeline into an existing facil- 2471). Defense to the Asia-Pacific Theatre. ity that focuses on algal biotechnology re- (2) The only Arctic regions of the United SA 3152. Mr. UDALL of New Mexico search; and States are within the Asia-Pacific Theatre. (for himself and Mr. BINGAMAN) sub- (3) partner with algae test-bed and produc- (3) The conditions presented by terrain in mitted an amendment intended to be tion facilities. Arctic regions is the harshest on the earth, (d) ORGANIZATIONS DESCRIBED.—An organi- and the Armed Forces must be able to oper- proposed by him to the bill S. 3254, to zation described in this subsection is an or- authorize appropriations for fiscal year ate in the conditions caused by such terrain. ganization that— (4) Unique equipment is needed to be able 2013 for military activities of the De- (1) is described in section 501(c)(3) of the In- to effectively survive and operate in such partment of Defense, for military con- ternal Revenue Code of 1986 that is exempt conditions. struction, and for defense activities of from taxation under section 501(a) of such (5) Among the unique equipment used by the Department of Energy, to prescribe Code; and Army units to operate in such conditions is military personnel strengths for such (2) has a preexisting relationship with a the Small Unit Support Vehicle (SUSV). fiscal year, and for other purposes; federally funded research and development (6) The Small Unit Support Vehicle is no which was ordered to lie on the table; center. longer a program of record among the acqui- as follows: sition programs of the Army, and there are SA 3154. Mr. UDALL of New Mexico no current plans to acquire new models of On page 50, between lines 18 and 19, insert (for himself and Mr. BINGAMAN) sub- the Small Unit Support Vehicle. the following: mitted an amendment intended to be (7) The Canadian equivalent of the Small (2) shall include with the estimate under proposed by him to the bill S. 3254, to Unit Support Vehicle was successfully used paragraph (1)— in combat in Afghanistan in 2002 in harsh (A) an estimate of the costs of using and authorize appropriations for fiscal year terrain. upgrading existing United States Govern- 2013 for military activities of the De- (8) Military units currently using the ment foundries for defense use; and partment of Defense, for military con- Small Unit Support Vehicle must use a (B) an assessment whether it is more cost struction, and for defense activities of method of ‘‘cannibalization’’ that pulls parts effective to use and upgrade existing United the Department of Energy, to prescribe from other vehicles in order to repair inoper- States Government foundries for shared use military personnel strengths for such able ones. when compared with developing and building fiscal year, and for other purposes; (9) If a solution to the problem of inad- the Next Generation Foundry for the Defense which was ordered to lie on the table; equate supplies of replacement parts for the Microelectronics Activity, which assessment as follows: Small Unit Support Vehicle is not found, shall— there will be a gap in national security of (i) include an analysis of existing foundries At the end of subtitle H of title X, add the the United States. of the National Nuclear Security Adminis- following: (b) REPORT.—Not later than 180 days after tration; SEC. 1084. IDENTIFICATION OF OPPORTUNITIES FOR BIOFUELS RESEARCH AND RE- the date of the enactment of this Act, the (ii) identify any program or function that PORT ON USE OF BIOFUELS BY THE Secretary of the Army shall submit to the would be duplicated by the Next Generation DEPARTMENT OF DEFENSE. congressional defense committees a report foundry; and (a) IDENTIFICATION OF OPPORTUNITIES TO IN- setting forth the following: (iii) assess the value of maintaining such CREASE BIOFUELS RESEARCH.—The Secretary (1) An assessment of the current and an- duplication and whether increasing existing of Energy and the Secretary of Defense shall ticipated requirements of the Army for a ve- United States Government capabilities is a jointly identify and assess opportunities to hicle that can operate in rugged terrain and more cost effective solution to meet mission increase research relating to biofuels at the in extreme climates such as those in the Arc- requirements; and national laboratories of the Department of tic. Energy with the goals of decreasing the cost SA 3153. Mr. UDALL of New Mexico (2) An assessment of the current supply of biofuels for use by the Department of De- chain for the Small Unit Support Vehicle. (for himself and Mr. BINGAMAN) sub- fense and decreasing the dependence of the mitted an amendment intended to be (3) An assessment of the needs of the Army United States on foreign sources of fuel. for a new vehicle that meets the require- (b) REPORT REQUIRED.— proposed by him to the bill S. 3254, to ments of both the regular and the reserve (1) IN GENERAL.—Not later than 180 days authorize appropriations for fiscal year components of the Army for operations in after the date of the enactment of this Act, 2013 for military activities of the De- rugged terrain and extreme conditions such the Secretary of Defense shall submit to the partment of Defense, for military con- as those in the Arctic. struction, and for defense activities of congressional defense committees a report assessing the extent to which the use of Ms. MURKOWSKI submitted the Department of Energy, to prescribe biofuels by the Department of Defense could SA 3156. military personnel strengths for such offset the increasing fossil fuel demand of an amendment intended to be proposed fiscal year, and for other purposes; the Department. by her to the bill S. 3254, to authorize which was ordered to lie on the table; (2) ELEMENTS.—The report required by appropriations for fiscal year 2013 for as follows: paragraph (1) shall include the following: military activities of the Department

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00128 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7113 of Defense, for military construction, SEC. 1084. PLAN TO PARTNER WITH STATE AND previous initiatives by the Texas Veterans and for defense activities of the De- LOCAL ENTITIES TO ADDRESS VET- Commission, namely the 2008–2009 Develop- ERANS CLAIMS BACKLOG. ment Assistant Pilot Project and the 2009– partment of Energy, to prescribe mili- (a) FINDINGS.—Congress makes the fol- tary personnel strengths for such fiscal 2011 Claims Processing Assistance Team. lowing findings: (B) A plan for the Secretary to partner year, and for other purposes; which was (1) The Department of Veterans Affairs de- with non-Federal entities to support efforts ordered to lie on the table; as follows: fines any claim for benefits under laws ad- to reduce such backlog and more efficiently ministered by the Secretary of Veterans Af- At the end of subtitle E of title X, add the process such claims in the future, including fairs as backlogged if the claim has been following: the following: pending for 125 days or more. (i) State and local agencies relating to vet- SEC. 1048. REPORT ON PROPOSED ACTIVITIES AT (2) According to the Department, as of No- erans affairs. EIELSON AIR FORCE BASE, ALASKA. vember 24, 2012, there were 899,540 pending (ii) Organizations recognized by the Sec- (a) IN GENERAL.—Prior to the commence- claims, with 604,583 (67.2 percent) of those retary for the representation of veterans ment of procedures under the National Envi- considered backlogged. under section 5902 of title 38, United States ronmental Policy Act of 1969 (42 U.S.C. 4321 (3) The Department’s data further shows Code. et seq.) related to the transfer of aircraft, that, on November 22, 2010, there were 749,934 (iii) Such other relevant government and the demolition of facilities and infrastruc- claims pending, with only 244,129 (32.6 per- ture, or the modification in leadership rank, cent) of those considered backlogged. non-government entities as the Secretary core functions, mission elements, respon- (4) During the past two years, both the considers appropriate. sibilities, and capabilities of Eielson Air overall number of backlogged claims and the (C) A description of how the Secretary in- Force Base, Alaska, as they existed as of No- percentage of all pending claims that are tends to leverage partnerships with non-Fed- vember 1, 2011, the Secretary of Defense, in backlogged have doubled. eral entities described in subparagraph (B) to consultation with the Secretary of Homeland (5) In order to reduce the claims backlog at eliminate such backlog, including through Security, shall submit to the congressional regional offices of the Department of Vet- increasing the percentage of claims that are defense committees a report on the rationale erans Affairs located in Texas, the Texas fully developed prior to submittal to the for such transfer, demolition, or modifica- Veterans Commission announced two initia- Secretary and ensuring that new claims are tion. tives on July 19, 2012, to partner with the De- fully developed prior to their submittal. (b) CONTENT.—The report required under partment of Veterans Affairs— (D) A description of what steps the Sec- subsection (a) shall include— (A) to assist veterans whose claims are al- retary has taken and will take— (1) an analysis of the strategic value of ready backlogged to complete development (i) to expedite the processing of claims Eielson Air Force Base to operations in the of those claims; and that are already fully developed at the time Pacific Area of Responsibility and elsewhere; (B) to help veterans who are filing new of submittal; and (2) the usefulness of Eielson Air Force Base claims to fully develop those claims prior to (ii) to support initiatives by non-Federal to potential future missions, including mili- filing them, shortening the processing time entities described in subparagraph (B) to tary and humanitarian missions in a chang- required. help claimants gather and submit necessary ing Arctic region; (6) The common goal of the two initiatives evidence for claims that were previously (3) the basing of F–35 aircraft; of the Texas Veterans Commission, called filed but require further development. (4) the potential for relocation of combat the ‘‘Texas State Strike Force Team’’ and (E) A description of how partnerships with coded aircraft from overseas bases; the ‘‘Fully Developed Claims Team Initia- non-Federal entities described in subpara- (5) maintenance and expansion of the tive’’, is to reduce the backlog of claims graph (B) will fit into the Secretary’s overall North Pacific air refueling bridge; pending in Texas by 17,000 within one year. claims processing transformation plan. (6) remote piloted vehicle basing; and (7) During the first two months of these Mr. GRAHAM submitted an (7) proximity of Eielson Air Force Base to new initiatives, the Texas Veterans Commis- SA 3159. the Joint Pacific Alaska Range Complex. sion helped veterans complete development amendment intended to be proposed by of more than 2,500 backlogged claims and as- him to the bill S. 3254, to authorize ap- SA 3157. Ms. MURKOWSKI submitted sisted veterans with the submission of more propriations for fiscal year 2013 for an amendment intended to be proposed than 800 fully developed claims. military activities of the Department by her to the bill S. 3254, to authorize (8) In testimony before the Subcommittee of Defense, for military construction, appropriations for fiscal year 2013 for on Disability Assistance and Memorial Af- and for defense activities of the De- military activities of the Department fairs of the Committee on Veterans’ Affairs partment of Energy, to prescribe mili- of Defense, for military construction, of the House of Representatives on Sep- tary personnel strengths for such fiscal tember 21, 2012, Diana Rubens, Deputy Under year, and for other purposes; which was and for defense activities of the De- Secretary for Field Operations of the Vet- partment of Energy, to prescribe mili- erans Benefits Administration, indicated ordered to lie on the table; as follows: tary personnel strengths for such fiscal that the Department of Veterans Affairs has At the end of subtitle D of title I, add the year, and for other purposes; which was experienced positive outcomes in projects following: ordered to lie on the table; as follows: with the Texas Veterans Commission, stat- SEC. 146. MQ–9 REAPER UNMANNED AERIAL VE- ing that both Veterans Service Organiza- HICLES. At the end of title XXVII, add the fol- (a) ADDITIONAL AMOUNT FOR AIR FORCE lowing: tions ‘‘and state and county service officers...are important partners in PROCUREMENT.—The amount authorized to be SEC. 2705. INCLUSION OF CERTAIN MODIFICA- VBA’s transformation to better serve Vet- appropriated for fiscal year 2013 by section TIONS TO CORE FUNCTIONS OR AIR- erans.’’. 101 is hereby increased by $36,800,000, with CRAFT AT MILITARY INSTALLATIONS the amount of the increase to be available IN DEFINITION OF REALIGNMENT. (9) At the same hearing, Mr. John Limpose, director of the regional office of the Depart- for amounts authorized to be appropriated Section 2687(e)(3) of title 10, United States by that section and available for procure- Code, is amended by inserting before the pe- ment of Veterans Affairs in Waco, Texas, tes- tified that the ‘‘TVC is working very, very ment for the Air Force for procurement of riod at the end the following: ‘‘, except that unmanned aerial vehicles as specified in the such term does include a reduction of force well’’ with regional offices of the Depart- ment in Texas, calling the Texas Veterans funding table in section 4101. resulting from a modification in core func- (b) AVAILABILITY.—The amount authorized Commission a ‘‘very positive story that we tions or aircraft at an Air Force installation and made available by subsection (a) may be can branch out into...all of our stake- during fiscal years 2013, 2014, or 2015 that obligated and expended for the procurement holders.’’. otherwise meets the criteria of subsection of an MQ–9 Reaper unmanned aerial vehicle. (a)’’. (b) REPORT.— (1) IN GENERAL.—Not later than 60 days SA 3160. Mr. BROWN of Massachu- SA 3158. Mr. CORNYN submitted an after the date of the enactment of this Act, the Secretary of Veterans Affairs shall sub- setts submitted an amendment in- amendment intended to be proposed by mit to Congress a plan to reduce the current tended to be proposed by him to the him to the bill S. 3254, to authorize ap- backlog of pending claims for benefits under bill S. 3254, to authorize appropriations propriations for fiscal year 2013 for laws administered by the Secretary and for fiscal year 2013 for military activi- military activities of the Department more efficiently process claims for such ben- ties of the Department of Defense, for of Defense, for military construction, efits in the future. military construction, and for defense and for defense activities of the De- (2) CONTENTS.—The report required by activities of the Department of Energy, partment of Energy, to prescribe mili- paragraph (1) shall include the following: to prescribe military personnel tary personnel strengths for such fiscal (A) A summary of all steps the Secretary has taken thus far to partner with non-Fed- strengths for such fiscal year, and for year, and for other purposes; which was eral entities in support of efforts to reduce other purposes; which was ordered to ordered to lie on the table; as follows: the backlog described in paragraph (1) and lie on the table; as follows: At the end of subtitle H of title X, add the more efficiently process claims described in On page 176, line 8, insert before the period following: such paragraph in the future, including two the following: ‘‘, unless the transition results

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7114 CONGRESSIONAL RECORD — SENATE November 28, 2012 in a permanent change of station and ship- proposed studies, plans, or strategies relat- vise the Department of Defense’s night vi- ment of household goods’’. ing to research activities and prevention and sion export regulations and specifications to treatment efforts described in such sub- ensure a robust domestic manufacturing ca- SA 3161. Mr. CONRAD submitted an section. pability. amendment intended to be proposed by (2) COMPOSITION.—The advisory committee (b) REPORT.—Not later than March 1, 2013, him to the bill S. 3254, to authorize ap- established under paragraph (1) shall consist the Secretary of Defense shall submit to the propriations for fiscal year 2013 for of consisting of the following: congressional defense committees a report describing actions taken to update the De- military activities of the Department (A) Members of the general public. (B) Experts in the field of mental health. partment of Defense’s night vision export of Defense, for military construction, (C) Veterans who served in the Armed regulations pursuant to subsection (a). and for defense activities of the De- Forces on active duty and were deployed in partment of Energy, to prescribe mili- connection with a contingency operation (as SA 3164. Mr. LEVIN submitted an tary personnel strengths for such fiscal defined in section 101 of title 10, United amendment intended to be proposed by year, and for other purposes; which was States Code) after September 1, 2001. him to the bill S. 3254, to authorize ap- ordered to lie on the table; as follows: (D) Representatives of such veterans. propriations for fiscal year 2013 for At the end of subtitle H of title X, add the (E) Representatives of Government depart- military activities of the Department following: ments or agencies conducting research ac- of Defense, for military construction, tivities or prevention or treatment described SEC. 1084. NATIONAL PUBLIC AWARENESS AND and for defense activities of the De- in subsection (a). PARTICIPATION CAMPAIGN FOR partment of Energy, to prescribe mili- VETERANS’ HISTORY PROJECT OF (3) CONSULTATION.—The department or agency head described in paragraph (1) shall tary personnel strengths for such fiscal AMERICAN FOLKLIFE CENTER. year, and for other purposes; which was (a) IN GENERAL.—The Director of the consult with the advisory committee estab- American Folklife Center at the Library of lished under such paragraph on a regular ordered to lie on the table; as follows: Congress shall carry out a national public basis. At the end of subtitle B of title XII, add awareness and participation campaign for (c) REPORT.—Not later than March 1 of the following: the program required by section 3(a) of the each year, the head of the department or SEC. 1221. AUTHORITY TO TRANSFER DEFENSE Veterans’ Oral History Project Act (20 U.S.C. agency designated under subsection (a) shall ARTICLES AND PROVIDE DEFENSE 2142(a)). Such campaign shall provide for the submit to the appropriate committees of SERVICES TO THE MILITARY AND SE- Congress a report on the status and results CURITY FORCES OF AFGHANISTAN following: AND CERTAIN OTHER COUNTRIES. (1) Encouraging the people of the United of all research, prevention, and treatment (a) NONEXCESS ARTICLES AND RELATED States, veterans organizations, community activities undertaken by or for the Executive Branch of the Federal Government during SERVICES.—The Secretary of Defense may, groups, and national organizations to par- with the concurrence of the Secretary of ticipate in such program. the previous year relating to post-traumatic stress disorder. State, transfer nonexcess defense articles (2) Ensuring greater awareness and partici- from the stocks of the Department of De- pation throughout the United States in such (d) PUBLIC AVAILABILITY OF RESEARCH FINDINGS.—The head of the department or fense, without reimbursement from the gov- program. ernment of the recipient country, and pro- (3) Providing meaningful opportunities for agency designated under subsection (a) shall ensure that the findings of all research con- vide defense services in connection with the learning about the experiences of veterans. transfer of such defense articles, as follows: (4) Assisting in the readjustment and suc- ducted by or for the Executive Branch relat- ing to post-traumatic stress disorder re- (1) To the military and security forces of cessful reintegration of veterans into civil- Afghanistan to support the efforts of those ian life after service in the Armed Forces. search, prevention, and treatment activities are made available to the public through forces to restore and maintain peace and se- (b) COORDINATION AND COOPERATION.—To curity in that country. the degree practicable, the Director shall, in peer-reviewed medical journals, the World Wide Web, and other appropriate media. (2) To the military and security forces of carrying out the campaign required by sub- Yemen to support the efforts of those forces section (a), coordinate and cooperate with (e) OUTREACH.—The head of the department or agency designated under subsection (a) to conduct counterterrorism operations and veterans service organizations. counter al Qaeda in the Arabian Peninsula. (c) VETERANS SERVICE ORGANIZATION DE- shall ensure that appropriate departments (3) To the military and security forces of FINED.—In this section, the term ‘‘veterans consult and coordinate in carrying out an Somalia and other countries in the East Af- service organization’’ means any organiza- ongoing program to provide information to rica region to support the efforts of those tion recognized by the Secretary of Veterans veterans described in subsection (b)(2)(C) re- forces to conduct counterterrorism and Affairs for the representation of veterans lating to the following: postconflict stability operations in Somalia. under section 5902 of title 38, United States (1) The kinds of physical and mental condi- (b) LIMITATIONS.— Code. tions and injuries that have been incurred by members of the Armed Forces and veterans (1) VALUE.—The aggregate replacement value of all defense articles transferred and SA 3162. Mr. CONRAD submitted an as a result of service described in subsection (b)(2)(C), particularly with respect to post- defense services provided in connection with amendment intended to be proposed by such defense articles under subsection (a) in him to the bill S. 3254, to authorize ap- traumatic stress. (2) Any services or benefits available with any fiscal year may not exceed $250,000,000. propriations for fiscal year 2013 for respect to such conditions and injuries. (2) SOURCE OF TRANSFERRED ARTICLES.—The military activities of the Department (f) APPROPRIATE COMMITTEES OF CONGRESS authority under subsection (a) may only be of Defense, for military construction, DEFINED.—In this section, the term ‘‘appro- used for defense articles that— and for defense activities of the De- priate committees of Congress’’ means— (A) were present in Afghanistan as of the partment of Energy, to prescribe mili- (1) the Committee on Armed Services and date of the enactment of this Act; (B) immediately before transfer were in tary personnel strengths for such fiscal the Committee on Veterans’ Affairs of the Senate; and use to support operations in Afghanistan; year, and for other purposes; which was and ordered to lie on the table; as follows: (2) the Committee on Armed Services and the Committee on Veterans’ Affairs of the (C) are no longer required by United States At the end of subtitle D of title VII, add House of Representatives. forces in Afghanistan. the following: (c) APPLICABLE LAW.—Any defense articles SEC. 735. COORDINATION OF ACTIVITIES ON RE- SA 3163. Mr. WARNER submitted an transferred or defense services provided SEARCH, PREVENTION, AND TREAT- amendment intended to be proposed by under the authority of subsection (a) shall be MENT RELATING TO POST-TRAU- subject to the authorities and limitations MATIC STRESS DISORDER. him to the bill S. 3254, to authorize ap- applicable to excess defense articles under (a) DESIGNATION OF COORDINATING ORGANI- propriations for fiscal year 2013 for section 516 of the Foreign Assistance Act of ZATION.—The President shall designate, and military activities of the Department 1961 (22 U.S.C. 2321j), other than the authori- may redesignate from time to time, the head of Defense, for military construction, ties and limitations in subsections (b)(1)(B), of an appropriate department or agency of and for defense activities of the De- (e), (f), and (g) of such section. the Federal Government to coordinate all re- partment of Energy, to prescribe mili- (d) REPORT REQUIRED BEFORE EXERCISE OF search activities and prevention and treat- tary personnel strengths for such fiscal AUTHORITY.— ment efforts undertaken or funded by the (1) IN GENERAL.—The Secretary of Defense Executive Branch of the Federal Government year, and for other purposes; which was may not exercise the authority under sub- on post-traumatic stress disorder. ordered to lie on the table; as follows: section (a) until 15 days after the Secretary (b) PUBLIC ADVISORY COMMITTEE.— At the end of subtitle F of title X, add the submits to the appropriate committees of (1) IN GENERAL.—Not later than June 27, following: Congress a report on the equipment and 2013, the head of the department or agency SEC. 1064. REPORT ON NIGHT VISION EXPORT other property of the Department of Defense designated under subsection (a) shall estab- CONTROL REGULATIONS. in Afghanistan. lish an advisory committee to provide advice (a) UPDATING OF EXPORT REGULATIONS.— (2) ELEMENTS.—The report required under to the head of that department or agency on The Secretary of Defense shall review and re- paragraph (1) shall include the following:

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(A) A description of the process for (f) QUARTERLY REPORTS.— Act of 1961 and subject to the provisions of inventorying equipment and property, in- (1) IN GENERAL.—Not later than 90 days this subsection. cluding defense articles, in Afghanistan after the date of the first transfer of defense owned by the Department of Defense, includ- articles and provision of defense services SA 3165. Mr. REED (for himself and ing equipment and property owned by the under the authority in subsection (a), and at Mr. JOHANNS) submitted an amendment Department and under the control of con- the end of each calendar quarter, if any, intended to be proposed by him to the tractors in Afghanistan. thereafter through March 31, 2015, in which bill S. 3254, to authorize appropriations (B) An estimate of the types and quantities the authority in subsection (a) is exercised, for fiscal year 2013 for military activi- of equipment and property of the Depart- the Secretary of Defense shall submit to the ties of the Department of Defense, for ment of Defense, including defense articles, appropriate committees of Congress a report anticipated to be withdrawn from Afghani- on the implementation of the authority in military construction, and for defense stan in connection with the drawdown of subsection (a). Each report shall include the activities of the Department of Energy, United States military forces from Afghani- replacement value of the defense articles to prescribe military personnel stan between the date of the enactment of transferred pursuant to subsection (a), both strengths for such fiscal year, and for this Act and December 31, 2014, including in the aggregate and by military depart- other purposes; which was ordered to equipment and property owned by the De- ment, and defense services provided to re- lie on the table; as follows: partment and under the control of contrac- cipient countries, during the 90-day period At the end, add the following: tors in Afghanistan. ending on the date of such report. DIVISION E—HOUSING ASSISTANCE FOR (e) NOTICE ON EXERCISE OF AUTHORITY.— (2) INCLUSION IN OTHER REPORT.—A report VETERANS (1) IN GENERAL.—The Secretary of Defense required under paragraph (1) may be included may not transfer defense articles or provide in the report required under section 9204 of SEC. 5001. SHORT TITLE. defense services under subsection (a) until 15 the Supplemental Appropriations Act, 2008 This division may be cited as the ‘‘Housing days after the date on which the Secretary of (Public Law 110–252; 122 Stat. 2410) or any fol- Assistance for Veterans Act of 2012’’ or the Defense, with the concurrence of the Sec- low on report to such other report. ‘‘HAVEN Act’’. retary of State, submits to the appropriate (g) DEFINITIONS.—In this section: SEC. 5002. DEFINITIONS. committees of Congress notice of the pro- (1) APPROPRIATE COMMITTEES OF CON- In this division: posed transfer of defense articles and provi- GRESS.—The term ‘‘appropriate committees (1) DISABLED.—The term ‘‘disabled’’ means sion of defense services. of Congress’’ means— an individual with a disability, as defined by (2) ELEMENTS.—A notice under paragraph (A) the Committee on Armed Services, the section 12102 of title 42, United States Code. (1) shall include the following: Committee on Foreign Relations, and the (2) ELIGIBLE VETERAN.—The term ‘‘eligible (A) A description of the amount and types Committee on Appropriations of the Senate; veteran’’ means a disabled or low-income of defense articles to be transferred and de- and veteran. fense services to be provided. (B) the Committee on Armed Services, the (3) ENERGY EFFICIENT FEATURES OR EQUIP- (B) A statement describing the current Committee on Foreign Affairs, and the Com- MENT.—The term ‘‘energy efficient features value of the defense articles to be transferred mittee on Appropriations of the House of or equipment’’ means features of, or equip- and the estimated replacement value of such Representatives. ment in, a primary residence that help re- articles. (2) DEFENSE ARTICLES.—The term ‘‘defense duce the amount of electricity used to heat, (C) An identification of the element of the articles’’ has the meaning given the term in cool, or ventilate such residence, including military or security force that is the pro- section 644(d) of the Foreign Assistance Act insulation, weatherstripping, air sealing, posed recipient of the defense articles to be of 1961 (22 U.S.C. 2403(d)). heating system repairs, duct sealing, or transferred and defense service to be pro- (3) DEFENSE SERVICES.—The term ‘‘defense other measures. vided. services’’ has the meaning given the term in (4) LOW-INCOME VETERAN.—The term ‘‘low- (D) An identification of the military de- section 644(f) of the Foreign Assistance Act income veteran’’ means a veteran whose in- partment from which the defense articles to of 1961 (22 U.S.C. 2403(f)). come does not exceed 80 percent of the me- be transferred are to be drawn. (4) MILITARY AND SECURITY FORCES.—The dian income for an area, as determined by (E) An assessment of the impact, if any, of term ‘‘military and security forces’’ means the Secretary. the transfer of defense articles on the readi- national armies, national air forces, national (5) NONPROFIT ORGANIZATION.—The term ness of units from which the defense articles navies, national guard forces, police forces, ‘‘nonprofit organization’’ means an organiza- are to be transferred, and the plan, if any, and border security forces, but does not in- tion that is— for mitigating such impact or reimbursing clude nongovernmental or irregular forces (A) described in section 501(c)(3) or the military department of such units for (such as private militias). 501(c)(19) of the Internal Revenue Code of such defense articles. (5) EAST AFRICA REGION.—The term ‘‘East 1986; and (F) An assessment of the ability of the re- Africa region’’ means Burundi, Djibouti, (B) exempt from tax under section 501(a) of cipient government to sustain the costs asso- Ethiopia, Kenya, Somalia, and Uganda. such Code. ciated with receiving, possessing, and using (h) EXPIRATION.—The authority provided in (6) PRIMARY RESIDENCE.— the defense articles to be transferred. subsection (a) may not be exercised after De- (A) IN GENERAL.—The term ‘‘primary resi- (G) A determination and certification by cember 31, 2014. dence’’ means a single family house, a du- the Secretary of Defense that— (i) EXCESS DEFENSE ARTICLES.— plex, or a unit within a multiple-dwelling (i) the proposed transfer of the defense ar- (1) ADDITIONAL AUTHORITY.—The authority structure that is an eligible veteran’s prin- ticles to be transferred and the provision of provided by subsection (a) is in addition to cipal dwelling and is owned by such veteran defense services to be provided in connection the authority provided by section 516 of the or a family member of such veteran. with such transfer is in the national interest Foreign Assistance Act of 1961. (B) FAMILY MEMBER DEFINED.—For purposes of the United States; (2) EXEMPTIONS.—(A) During fiscal years of this paragraph, the term ‘‘family mem- (ii) for the transfer of defense articles 2013 and 2014, the value of excess defense ar- ber’’ includes— under the authority in subsection (a)(1), such ticles transferred from the stocks of the De- (i) a spouse, child, grandchild, parent, or defense articles are required by the military partment of Defense in Afghanistan to Af- sibling; and security forces of Afghanistan to build ghanistan, Yemen, Somalia, or other coun- (ii) a spouse of such a child, grandchild, their capacity to restore and maintain peace tries in the East Africa region pursuant to parent, or sibling; or and security in that country; section 516 of the Foreign Assistance Act of (iii) any individual related by blood or af- (iii) for the transfer of defense articles and 1961 shall not be counted against the limita- finity whose close association with a veteran provision of defense services under the au- tion on the aggregate value of excess defense is the equivalent of a family relationship. thority in subsection (a)(2), the transfer of articles transferred contained in subsection (7) QUALIFIED ORGANIZATION.—The term such defense articles and provision of such (g) of such section. ‘‘qualified organization’’ means a nonprofit defense services will contribute significantly (B) During fiscal years 2013 and 2014, any organization that provides nationwide or to building key capacities of the military excess defense articles specified in subpara- State-wide programs that primarily serve and security forces of Yemen required to graph (A) shall not be subject to the authori- veterans or low-income individuals. conduct counterterrorism operations and ties and limitations applicable to excess de- (8) SECRETARY.—The term ‘‘Secretary’’ counter al Qaeda in the Arabian Peninsula; fense articles under section 516 of the For- means the Secretary of Housing and Urban and eign Assistance Act of 1961 contained in sub- Development. (iv) for the transfer of defense articles and sections (b)(1)(B) and (e) of such section. (9) VETERAN.—The term ‘‘veteran’’ has the provision of defense services under the au- (3) CONSTRUCTION EQUIPMENT.—Notwith- same meaning as given such term in section thority in subsection (a)(3), the transfer of standing section 644(g) of the Foreign Assist- 101 of title 38, United States Code. such defense articles and provision of such ance Act of 1961 (22 U.S.C. 2403(g)) and sec- (10) VETERANS SERVICE ORGANIZATION.—The defense services will contribute significantly tion 2562 of title 10, United States Code, con- term ‘‘veterans service organization’’ means to building key capabilities of the military struction equipment from the stocks of the any organization recognized by the Sec- and security forces of the recipient country Department of Defense in Afghanistan may retary of Veterans Affairs for the representa- to conduct counterterrorism and postconflict be transferred as excess defense articles tion of veterans under section 5902 of title 38, stability operations in Somalia. under section 516 of the Foreign Assistance United States Code.

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SEC. 5003. ESTABLISHMENT OF A PILOT PRO- (d) USE OF FUNDS.—A grant award under cate the general public and eligible entities GRAM. the pilot program shall be used— about such program; (a) GRANT.— (1) to modify and rehabilitate the primary (G) a description of the outreach initia- (1) IN GENERAL.—The Secretary shall estab- residence of an eligible veteran, and may in- tives instituted by grant recipients to en- lish a pilot program to award grants to clude— gage eligible veterans and veteran service or- qualified organizations to rehabilitate and (A) installing wheelchair ramps, widening ganizations in projects utilizing grant funds modify the primary residence of eligible vet- exterior and interior doors, reconfigurating under such program; erans. and re-equipping bathrooms (which includes (H) a description of the outreach initia- (2) COORDINATION.—The Secretary shall installing new fixtures and grab bars), re- tives instituted by grant recipients to iden- work in conjunction with the Secretary of moving doorway thresholds, installing spe- tify eligible veterans and their families; and Veterans Affairs to establish and oversee the cial lighting, adding additional electrical (I) any other information that the Sec- pilot program and to ensure that such pro- outlets and electrical service, and installing retary considers relevant in assessing such gram meets the needs of eligible veterans. appropriate floor coverings to— program. (3) MAXIMUM GRANT.—A grant award under (i) accommodate the functional limitations (2) FINAL REPORT.—Not later than 6 months the pilot program to any one qualified orga- that result from having a disability; or after the completion of the pilot program, nization shall not exceed $1,000,000 in any (ii) if such residence does not have modi- the Secretary shall submit to Congress a re- one fiscal year, and such an award shall re- fications necessary to reduce the chances port that provides such information that the main available until expended by such orga- that an elderly, but not disabled person, will Secretary considers relevant in assessing the nization. fall in their home, reduce the risks of such pilot program. (b) APPLICATION.— an elderly person from falling; (i) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Each qualified organiza- (B) rehabilitating such residence that is in There are authorized to be appropriated for tion that desires a grant under the pilot pro- a state of interior or exterior disrepair; and carrying out this division $4,000,000 for each gram shall submit an application to the Sec- (C) installing energy efficient features or of fiscal years 2013 through 2017. retary at such time, in such manner, and, in equipment if— addition to the information required under (i) an eligible veteran’s monthly utility SA 3166. Mr. MANCHIN submitted an paragraph (2), accompanied by such informa- costs for such residence is more than 5 per- amendment intended to be proposed by tion as the Secretary may reasonably re- cent of such veteran’s monthly income; and him to the bill S. 3254, to authorize ap- quire. (ii) an energy audit of such residence indi- propriations for fiscal year 2013 for (2) CONTENTS.—Each application submitted cates that the installation of energy effi- military activities of the Department under paragraph (1) shall include— cient features or equipment will reduce such of Defense, for military construction, (A) a plan of action detailing outreach ini- costs by 10 percent or more; and for defense activities of the De- tiatives; (2) in connection with modification and re- partment of Energy, to prescribe mili- (B) the approximate number of veterans habilitation services provided under the tary personnel strengths for such fiscal pilot program, to provide technical, adminis- the qualified organization intends to serve year, and for other purposes; which was using grant funds; trative, and training support to an affiliate (C) a description of the type of work that of a qualified organization receiving a grant ordered to lie on the table; as follows: will be conducted, such as interior home under such pilot program; and At the end of subtitle G of title V, add the modifications, energy efficiency improve- (3) for other purposes as the Secretary may following: ments, and other similar categories of work; prescribe through regulations. SEC. 577. REPORT ON FUTURE OF FAMILY SUP- and (e) OVERSIGHT.—The Secretary shall direct PORT PROGRAMS OF THE DEPART- MENT OF DEFENSE. (D) a plan for working with the Depart- the oversight of the grant funds for the pilot (a) REPORT REQUIRED.—Not later than 180 ment of Veterans Affairs and veterans serv- program so that such funds are used effi- days after the date of the enactment of this ciently until expended to fulfill the purpose ice organizations to identify veterans and Act, the Secretary of Defense shall submit to of addressing the adaptive housing needs of serve their needs. the congressional defense committees a re- (3) PREFERENCES.—In awarding grants eligible veterans. port on the anticipated future of the family under the pilot program, the Secretary shall (f) MATCHING FUNDS.— support programs of the Department of De- give preference to a qualified organization— (1) IN GENERAL.—A qualified organization fense during the five-year period beginning (A) with experience in providing housing receiving a grant under the pilot program on the date of the submittal of the report as rehabilitation and modification services for shall contribute towards the housing modi- end strengths for the Armed Forces are re- disabled veterans; or fication and rehabilitation services provided duced and the Armed Forces are drawn down (B) that proposes to provide housing reha- to eligible veterans an amount equal to not from combat operations in Afghanistan. bilitation and modification services for eligi- less than 50 percent of the grant award re- (b) ELEMENTS.—The report required by sub- ble veterans who live in rural areas (the Sec- ceived by such organization. section (a) shall include the following: retary, through regulations, shall define the (2) IN-KIND CONTRIBUTIONS.—In order to (1) A description of the current family sup- term ‘‘rural areas’’). meet the requirement under paragraph (1), port programs of each of the Armed Forces (c) CRITERIA.—In order to receive a grant such organization may arrange for in-kind and the Department of Defense, including award under the pilot program, a qualified contributions. the name, scope and intended purpose of organization shall meet the following cri- (g) LIMITATION COST TO THE VETERANS.—A each program. teria: qualified organization receiving a grant (2) An assessment of the current costs of (1) Demonstrate expertise in providing under the pilot program shall modify or re- the family support programs covered by housing rehabilitation and modification habilitate the primary residence of an eligi- paragraph (1), and an estimate of the costs of services for disabled or low-income individ- ble veteran at no cost to such veteran (in- anticipated family support programs of the uals for the purpose of making the homes of cluding application fees) or at a cost such Department over the period covered by the such individuals accessible, functional, and that such veteran pays no more than 30 per- report. safe for such individuals. cent of his or her income in housing costs (3) An assessment of the costs and other (2) Have established outreach initiatives during any month. consequences associated with the elimi- that— (h) REPORTS.— nation or reduction of any current family (A) would engage eligible veterans and vet- (1) ANNUAL REPORT.—The Secretary shall support programs of the Department over erans service organizations in projects uti- submit to Congress, on an annual basis, a re- the period covered by the report. lizing grant funds under the pilot program; port that provides, with respect to the year (4) An assessment by the Secretary of the and for which such report is written— Army of the Family Readiness Support As- (B) identify eligible veterans and their (A) the number of eligible veterans pro- sistant program, and a description of any families and enlist veterans involved in vided assistance under the pilot program; planned or anticipated changes to that pro- skilled trades, such as carpentry, roofing, (B) the socioeconomic characteristics of gram over the period covered by the report. plumbing, or HVAC work. such veterans, including their gender, age, (3) Have an established nationwide or race, and ethnicity; SA 3167. Mr. LIEBERMAN submitted State-wide network of affiliates that are— (C) the total number, types, and locations an amendment intended to be proposed (A) nonprofit organizations; and of entities contracted under such program to by him to the bill S. 3254, to authorize (B) able to provide housing rehabilitation administer the grant funding; appropriations for fiscal year 2013 for and modification services for eligible vet- (D) the amount of matching funds and in- military activities of the Department erans. kind contributions raised with each grant; of Defense, for military construction, (4) Have experience in successfully car- (E) a description of the housing rehabilita- rying out the accountability and reporting tion and modification services provided, and for defense activities of the De- requirements involved in the proper adminis- costs saved, and actions taken under such partment of Energy, to prescribe mili- tration of grant funds, including funds pro- program; tary personnel strengths for such fiscal vided by private entities or Federal, State, (F) a description of the outreach initia- year, and for other purposes; which was or local government entities. tives implemented by the Secretary to edu- ordered to lie on the table; as follows:

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(a) SENSE OF THE SENATE.—It is the sense ‘‘(iv) is covered under the Federal Employ- (2) DEFINITION.—In this subsection, the of the Senate that members of the United ees’ Retirement System under chapter 84 of term ‘‘covered employee’’ means an indi- States Secret Service Division and the title 5, United States Code, on the date of en- vidual described in subparagraph (C) of sub- United States Secret Service Uniformed Di- actment of this paragraph.’’. section (b)(2) of the Policemen and Firemen’s vision hired between January 1, 1984 and De- (2) NOTIFICATIONS.— Retirement and Disability Act, as added by cember 31, 1986 were promised that, in part (A) INITIAL NOTIFICATION BY SECRET SERV- this section, who provides a notification in as a recruitment and retention tool, they ICE.—Not later than 30 days after the date of accordance with subparagraph (A) of such would be eligible to participate in the Dis- the enactment of this Act, the Director of subsection (b)(2). trict of Columbia Police and Firefighters Re- the United States Secret Service shall notify (d) TREATMENT OF REEMPLOYED ANNU- tirement System. each covered employee that the covered em- ITANTS.— (b) AUTHORITY OF CERTAIN MEMBERS OF ployee may execute an election under this (1) IN GENERAL.—For purposes of section UNITED STATES SECRET SERVICE TO ELECT paragraph to have paragraph (1) of sub- 8468 of title 5, United States Code, a covered COVERAGE UNDER DISTRICT OF COLUMBIA PO- section (b) of the Policemen and Firemen’s employee (as defined in subsection (c)(2)) LICE AND FIREFIGHTER RETIREMENT SYSTEM.— Retirement and Disability Act (sec. 5–703, who is receiving benefits under the Police- (1) IN GENERAL.—Subsection (b) of the Po- D.C. Official Code) apply with respect to the men and Firemen’s Retirement and Dis- licemen and Firemen’s Retirement and Dis- covered employee. ability Act pursuant to an election made ability Act (sec. 5–703, D.C. Official Code) is (B) NOTIFICATION OF TRANSITION COST.—Not under subsection (b)(2) shall be deemed to be amended— later than 15 days after determining the an annuitant, as defined under section 8401 of (A) by striking ‘‘Whenever any member’’ amount of the transition cost associated title 5, United States Code. and inserting ‘‘(1) IN GENERAL.—Whenever with the application of paragraph (1) of sub- (2) REGULATIONS.—The Director of the Of- any member’’; and section (b) of the Policemen and Firemen’s fice of Personnel Management shall pre- (B) by adding at the end the following new Retirement and Disability Act (sec. 5–703, scribe any regulations necessary to carry out paragraph: D.C. Official Code) to a covered employee (in this subsection, including regulations under ‘‘(2) COVERAGE OF CERTAIN OTHER EMPLOY- accordance with paragraph (3)), the Director EES OF SECRET SERVICE.— which an employing agency shall accept the of the United States Secret Service shall no- certification of the appropriate official of ‘‘(A) IN GENERAL.—Paragraph (1) shall tify the covered employee of such transition apply with respect to a covered employee in the government of the District of Columbia cost. regarding the amount of retirement benefits the same manner as such paragraph applies (3) TRANSITION COST.— to an individual who is authorized to make a being paid to a covered District of Columbia (A) DETERMINATION OF AMOUNT.—The tran- retiree for a period during which such retiree transfer of funds under such paragraph, but sition cost associated with the application of only if— is employed in an appointive or elective posi- paragraph (1) of subsection (b) of the Police- tion with the agency. ‘‘(i) not later than 60 days after receiving men and Firemen’s Retirement and Dis- notification of the transition cost associated ability Act to a covered employee is the SA 3168. Mr. NELSON of Nebraska with the application of paragraph (1) to the amount by which— covered employee (as provided under section (for himself and Mr. KIRK) submitted (i) the estimated present value of the pay- an amendment intended to be proposed 1084(b)(2)(B) of the National Defense Author- ments which would be payable by the Fed- ization Act for Fiscal Year 2013), the covered eral Government to the District of Columbia by him to the bill S. 3254, to authorize employee provides a notification to the Di- with respect to such employee during the 11- appropriations for fiscal year 2013 for rector of the United States Secret Service fiscal year period beginning with the fiscal military activities of the Department containing such information and assurances year in which this Act is enacted if such of Defense, for military construction, as the Director may require; and paragraph applies with respect to the cov- and for defense activities of the De- ‘‘(ii) on or before the date the covered em- ered employee, exceeds partment of Energy, to prescribe mili- ployee provides a notification under clause (ii) the estimated present value of the ben- tary personnel strengths for such fiscal (i), the employee makes a lump sum pay- efits which would be payable from the Civil year, and for other purposes; which was ment in an amount equal to the transition Service Retirement and Disability Fund with cost associated with the application of para- respect to such employee during the 11-year ordered to lie on the table; as follows: graph (1) to the covered employee, deter- period described in clause (i) if such para- At the end of title XXXI, add the fol- mined in accordance with section 1084(b)(3) graph does not apply with respect to the cov- lowing: of the National Defense Authorization Act ered employee. Subtitle D—Other Matters for Fiscal Year 2013, for deposit into the Con- (B) DETERMINATION.— SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT tributions for Annuity Benefits, United (i) IN GENERAL.—Not later than 60 days OF THE NUCLEAR SECURITY ENTER- States Secret Service appropriations ac- after the date of enactment of this Act, the PRISE. count of the Department of Homeland Secu- Office of Pay and Retirement Services of the (a) FINDINGS.—Congress makes the fol- rity. District of Columbia shall determine the lowing findings: ‘‘(B) ADJUSTMENT TO REFLECT SOCIAL SECU- transition cost with respect to each covered (1) In 2000, the National Nuclear Security RITY CONTRIBUTIONS AND BENEFITS.—In the employee, by applying such assumptions and Administration was established as an inde- case of a covered employee who authorizes a other methodologies as the Office of Pay and pendent entity within the Department of En- transfer of funds under paragraph (1), such Retirement Services of the District of Co- ergy to manage and secure the nuclear weap- covered employee shall be subject to the lumbia considers appropriate, consistent ons stockpile of the United States and to same deductions and shall be entitled to the with generally accepted actuarial practices manage nuclear nonproliferation and naval same benefits as provided for under para- and standards. reactor programs. graph (1), subject to offset in accordance (ii) ADDITIONAL RESOURCES.— (2) Serious security and health incidents with section 103(e) of Public Law 100–238 (5 (I) IN GENERAL.—The Office of Pay and Re- continue to occur at sites of the National U.S.C. 8334 note). tirement Services of the District of Colum- Nuclear Security Administration. ‘‘(C) COVERED EMPLOYEE DEFINED.—In this bia may enter into contracts as necessary to (3) In September 2012, an official of the paragraph, the term ‘covered employee’ enable that Office to carry out activities Government Accountability Office testified means an individual who— under this subparagraph. to Congress that lax laboratory attitudes to- ‘‘(i) was appointed during 1984, 1985, or (II) AUTHORIZATION OF APPROPRIATIONS.— ward safety procedures, laboratory inadequa- 1986— There are authorized to be appropriated not cies in identifying and addressing safety ‘‘(I) as a member of the United States Se- to exceed $75,000 to carry out this subpara- problems with appropriate corrective ac- cret Service Uniformed Division as defined graph. tions, and inadequate oversight by site of- under section 10201(1) of title 5, United (4) DEFINITION.—In paragraphs (2) and (3), fices of the National Nuclear Security Ad- States Code; or the term ‘‘covered employee’’ means an indi- ministration were responsible for nearly 100 ‘‘(II) to the United States Secret Service as vidual described in paragraph (2) of sub- safety incidents since 2000. a criminal investigator as defined under sec- section (b) of the Policemen and Firemen’s (4) On July 28, 2012, three unarmed individ- tion 5545a(a)(2) of title 5, United States Code; Retirement and Disability Act (sec. 5–703, uals compromised security at the Y–12 Na- ‘‘(ii) has actively performed duties other D.C. Official Code), as added by paragraph tional Security Complex in Oak Ridge, Ten- than clerical for 10 or more years directly re- (1). nessee, and according to the Government Ac- lated to the protection mission of the United (c) FORFEITURE OF EMPLOYER CONTRIBU- countability Office, ‘‘gained access to the States Secret Service described under sec- TIONS FOR THRIFT SAVINGS PLAN.— protected security area directly adjacent to tion 3056 of title 18, United States Code; (1) IN GENERAL.—A covered employee shall one of the nation’s most critically important ‘‘(iii) is serving as an officer or member of forfeit all contributions to the Thrift Sav- nuclear weapons-related facilities’’. the United States Secret Service Uniformed ings Fund made by an employing agency pur- (5) In June 2006, hackers attacked an un- Division as defined under section 10201(1) of suant to section 8432(c) of title 5, United classified computer system at the National

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7118 CONGRESSIONAL RECORD — SENATE November 28, 2012 Nuclear Security Administration’s Service contract with a Federally Funded Research the Director of the National Science Founda- Center in Albuquerque, New Mexico, and and Development Center to conduct a study tion, the Administrator of the National Aer- gained access to a file containing the names on the Army’s acquisition of small arms and onautics and Space Administration, the Ad- and social security numbers of more than ammunition to determine each of the fol- ministrator of the National Oceanic and At- 1,500 employees of the National Nuclear Se- lowing: mospheric Administration, and the heads of curity Administration. (A) A comparative evaluation of the cur- other appropriate scientific agencies of the (6) As early as February 2005, the Inspector rent military small arms in use by United Federal Government, develop a plan to en- General of the Department of Energy identi- States general purpose and special oper- sure such departments and agencies are ef- fied problems with the retrieval of badges ations forces, allied foreign militaries, and fectively coordinating on matters relating to from terminated employees at Los Alamos those potential candidate small arms not research and development and have the National Laboratory and other sites of the necessarily in use militarily but available means to more efficiently cross-check grant National Nuclear Security Administration. commercially. applications and recipients to identify and (7) In 2004, a pattern of safety and security (B) An assessment of the Department of prevent unnecessary duplication in such incidents that occurred over the course of a Defense’s current plans to modernize its matters. The plan shall take into consider- year prompted the stand-down of Los Alamos small arms capabilities. ation the recommendations made by the National Laboratory. (C) A comparative evaluation of the Government Accountability Office in the re- (8) The National Nuclear Security Admin- Army’s standard small arms ammunition port entitled ‘‘2012 Annual Report: Opportu- istration, independent of the safety and secu- with other small arms ammunition alter- nities to Reduce Duplication, Overlap and rity reform efforts of the Department of En- natives. Fragmentation, Achieve Savings, and En- ergy, has launched an overhaul of its con- (2) FACTORS TO CONSIDER.—The study re- hance Revenue’’ (GAO–12–342SP). The plan tracting oversight, placing an emphasis on quired under subsection (a) shall take into shall include specific objectives, actions, and contractor self-policing through an untested consideration the following factors: schedules. ‘‘contractor assurance’’ approach. (A) Current and future operating environ- (2) PLAN FOR REDUCTION IN CERTAIN MEDICAL (9) The Government Accountability Office ments as specified or referred to in Depart- RESEARCH.—Not later than 300 days after the has given the contractor administration and ment of Defense strategic guidance and plan- date of the enactment of this Act, the Sec- project management capabilities of the Na- ning documents. retary of Defense shall, in coordination with tional Nuclear Security Administration a (B) Modifications and improvements re- the Secretary of Veterans Affairs and the ‘‘high risk’’ designation and found there to cently applied to United States general pur- Secretary of Health and Human Services, be insufficient qualified Federal acquisition pose and special operations forces small submit to Congress a plan to eliminate un- professionals to ‘‘plan, direct, and oversee arms as well as their potential for continued necessary duplication in the research being project execution’’. modification and improvement. conducted by the Congressionally Directed (b) SENSE OF CONGRESS.—It is the sense of (C) Industrial base impacts. Medical Research Program of the Depart- Congress that— (3) ACCESS TO INFORMATION.—The Secretary ment of Defense by transferring research (1) there is a need for strong, independent of Defense and the Secretary of the Army that is not directly related to military serv- oversight of the United States nuclear secu- shall ensure that the Federally Funded Re- ice to another appropriate department or rity enterprise; search and Development Center conducting agency of the Federal Government. The plan (2) any attempt to reform oversight of the the study required under subsection (a) has shall include such recommendations for leg- nuclear security enterprise that transfers access to all necessary data, records, anal- islative and administrative action as the oversight from the Department of Energy to ysis, personnel, and other resources nec- Secretaries consider appropriate to imple- the National Nuclear Security Administra- essary to complete the study. ment the plan. tion, reduces protections for worker health (b) REPORT.— and safety at facilities of the National Nu- (1) IN GENERAL.—Not later than September (b) ENHANCEMENT OF TRANSPARENCY.— clear Security Administration to levels 30, 2013, the Secretary of Defense shall sub- (1) IN GENERAL.—Not later than 180 days below the standards of the Department of mit to the congressional defense committees after the date of the enactment of this Act, Energy, or transfers construction appropria- a report containing the results of the study the Secretary of Defense shall, in consulta- tions for the nuclear security enterprise conducted under subsection (a), together tion with the Director of the Office of Man- from the Department of Energy appropria- with the comments of the Secretary of De- agement and Budget, develop guidance to en- tion account to the military construction fense on the findings contained in the study. sure that— appropriation account, should be rejected; (2) CLASSIFIED ANNEX.—The report shall be (A) the Department of Defense and the (3) the Office of Health, Safety, and Secu- in unclassified form, but may contain a clas- components of the Department are reporting rity of the Department of Energy, which re- sified annex. information required by the Federal Funding ports to the Secretary of Energy but is also (c) DEFINITIONS.—In this section: Accountability and Transparency Act of 2006 accountable for routinely reporting to Con- (1) The term ‘‘small arms’’ means firearms (Public Law 109–282; 31 U.S.C. 6101 note) re- gress on the performance with respect to up to but not including .50 caliber and shot- garding recipients of grants, contracts, or safety and security of the Department, in- guns. other forms of Federal financial assistance cluding the National Nuclear Security Ad- (2) The term ‘‘small arms ammunition’’ provided by the Department of Defense using ministration, and the role of that Office in means ammunition or ordnance for firearms covered research, development, test, and overseeing safety and security at the Na- up to but not including .50 caliber and shot- evaluation funds; and tional Nuclear Security Administration, guns. (B) such information is posted in a timely should not be diminished; and manner on the Internet website of the Office (4) any future modifications to the man- SA 3170. Mr. COBURN submitted an of Management and Budget available to the agement or structure of the nuclear security amendment intended to be proposed by public. enterprise should be done in a way that him to the bill S. 3254, to authorize ap- (2) ADDITIONAL INTERNET WEBSITE.—Not maintains or increases oversight of critical propriations for fiscal year 2013 for later than 300 days after the date of the en- construction, security, and acquisition capa- military activities of the Department actment of this Act, the Secretary of De- bilities. of Defense, for military construction, fense, shall develop a searchable Internet website available to the public that lists SA 3169. Mr. COBURN submitted an and for defense activities of the De- partment of Energy, to prescribe mili- grants awarded by the Department using amendment intended to be proposed by covered research, development, test, and him to the bill S. 3254, to authorize ap- tary personnel strengths for such fiscal evaluation funds. The information posted on propriations for fiscal year 2013 for year, and for other purposes; which was the website regarding a grant shall include military activities of the Department ordered to lie on the table; as follows: the following: of Defense, for military construction, At the end of subtitle B of title II, add the (A) The name and location of the recipient and for defense activities of the De- following: of the grant. partment of Energy, to prescribe mili- SEC. 216. ENHANCEMENTS OF THE RESEARCH (B) The total amount of the grant, and the AND DEVELOPMENT CONDUCTED BY amount of the grant to be disbursed by year tary personnel strengths for such fiscal THE DEPARTMENT OF DEFENSE. in the case of a multi-year grant. year, and for other purposes; which was (a) REDUCTION OF DUPLICATION.— (C) The duration of the grant. ordered to lie on the table; as follows: (1) PLAN FOR REDUCTION OF UNNECESSARY (D) The purpose of the grant. At the end of subtitle E of title VIII, add DUPLICATION.—Not later than 180 days after (3) COVERED RESEARCH, DEVELOPMENT, TEST, the following: the date of the enactment of this Act, the AND EVALUATION FUNDS DEFINED.—In this sub- SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- Secretary of Defense shall, in consultation section, the term ‘‘covered research, develop- MUNITION ACQUISITION. with the Director of the Office of Manage- ment, test, and evaluation funds’’ means (a) STUDY.— ment and Budget, the Secretary of Veterans amounts authorized to be appropriated for (1) IN GENERAL.—Not later than 30 days Affairs, the Secretary of Energy, the Sec- the Department of Defense for a fiscal year after the date of the enactment of this Act, retary of Health and Human Services, the after fiscal year 2013 for research, develop- the Secretary of Defense shall enter into a Director of the National Institutes of Health, ment, test, and evaluation.

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(c) PRIORITY IN DEFENSE RESEARCH FOR NA- At the end of subtitle C of title XII, add ceived and that will continue to receive such TIONAL SECURITY AND CARE OF WOUNDED the following: equipment. WARRIORS.— SEC. 1233. REPORTS ON SYRIA. (C) A description of any additional activi- (1) LIMITATION ON AVAILABILITY OF CERTAIN (a) REPORT ON OPPOSITION GROUPS.— ties the United States plans to undertake in AMOUNTS.—Notwithstanding any other provi- (1) IN GENERAL.—Not later than 15 days support of the political opposition in Syria. sion of this Act, amounts authorized to be after the date of the enactment of this Act, (D) A description of the funding levels cur- appropriated for fiscal year 2013 for the De- the President shall submit to Congress a re- rently dedicated to support the political op- partment of Defense by this title for re- port describing in detail all the known oppo- position in Syria. search, development, test, and evaluation sition groups, both independent and state- (d) FORM.—The reports required by this may be obligated and expended only on pro- sponsored, inside and outside of Syria, oper- section may be submitted in a classified grams, projects, and initiatives directly re- ating directly or indirectly to oppose the form, but shall include an unclassified sum- lated to defense activities, such as devel- Government of Syria. mary. oping new technologies for the future force, (2) CONTENT.—The report required under combating terrorism and other emerging paragraph (1) shall include the following ele- SA 3173. Mr. COBURN submitted an threats, increasing military combat capabili- ments: amendment intended to be proposed by ties, and improving care, protection, and the (A) An assessment of the current military him to the bill S. 3254, to authorize ap- health and well-being of members of the capacity of opposition forces. propriations for fiscal year 2013 for Armed Forces. (B) An assessment of the ability of opposi- (2) FOREIGN COMPARATIVE TESTING PRO- military activities of the Department tion forces inside and outside of Syria to es- GRAM.— of Defense, for military construction, tablish military and political activities im- (A) IN GENERAL.—The Foreign Comparative and for defense activities of the De- pacting Syria, together with a practicable Testing (FCT) program shall support the partment of Energy, to prescribe mili- timetable for accomplishing these objec- testing of technologies, products, and other tary personnel strengths for such fiscal items with a high Technology Readiness tives. (C) An assessment of the ability of any of year, and for other purposes; which was Level that could fill gaps in mission require- ordered to lie on the table; as follows: ments. the opposition groups to establish effective military and political control in Syria. (B) LIMITATION ON AVAILABILITY OF At the end of subtitle B of title II, add the (D) A description of the composition and FUNDS.—No funds authorized to be appro- following: priated by this Act for the Foreign Compara- political agenda of each of the known opposi- SEC. 216. ENHANCEMENTS OF THE RESEARCH tive Testing program may be obligated or ex- tion groups inside and outside of Syria, and AND DEVELOPMENT CONDUCTED BY pended to develop products or technologies an assessment of the degree to which such THE DEPARTMENT OF DEFENSE. (such as beef jerky or the osmotic dehydra- groups represent the views of the people of (a) REDUCTION OF DUPLICATION.— tion process) not related to weaponry, com- Syria as a whole. (1) PLAN FOR REDUCTION OF UNNECESSARY bat systems, or improving the care of or pro- (E) A description of the financial resources DUPLICATION.—Not later than 180 days after tecting the health and well-being of mem- currently available to opposition groups and the date of the enactment of this Act, the bers of the Armed Forces. known potential sources of continued financ- Secretary of Defense shall, in consultation (d) WAIVER.—The Secretary of Defense may ing. with the Director of the Office of Manage- waive any requirement of this section if the (F) An assessment of the relationship be- ment and Budget, the Secretary of Veterans Secretary certifies to the congressional de- tween each of the Syrian opposition groups Affairs, the Secretary of Energy, the Sec- fense committees in writing that the waiver and the Muslim Brotherhood, al Qaeda, retary of Health and Human Services, the is in the national security interests of the Hezbollah, Hamas, and any other groups that Director of the National Institutes of Health, United States and includes with such certifi- have promoted an agenda that would nega- the Director of the National Science Founda- cation a justification for the waiver. tively impact United States national inter- tion, the Administrator of the National Aer- ests. onautics and Space Administration, the Ad- SA 3171. Mr. HATCH (for himself, Mr. (G) An assessment of whether active sup- ministrator of the National Oceanic and At- ROBERTS, Mr. CHAMBLISS, Mr. BAR- port from the United States to opposition mospheric Administration, and the heads of RASSO, Mr. INHOFE, Mr. WICKER, Mr. forces would have a positive or negative im- other appropriate scientific agencies of the LEE, Mr. COBURN, Mr. RISCH, and Mr. pact on the factors discussed in subpara- Federal Government, develop a plan to en- RUBIO) submitted an amendment in- graphs (A) through (F). sure such departments and agencies are ef- tended to be proposed by him to the (b) REPORT ON WEAPONS STOCKPILES.— fectively coordinating on matters relating to (1) IN GENERAL.—Not later than 30 days bill S. 3254, to authorize appropriations research and development and have the after the date of the enactment of this Act, means to more efficiently cross-check grant for fiscal year 2013 for military activi- the President shall submit to Congress an as- applications and recipients to identify and ties of the Department of Defense, for sessment of the size and security of conven- prevent unnecessary duplication in such military construction, and for defense tional and non-conventional weapons stock- matters. The plan shall take into consider- activities of the Department of Energy, piles in Syria. ation the recommendations made by the to prescribe military personnel (2) CONTENT.—The report required under Government Accountability Office in the re- strengths for such fiscal year, and for paragraph (1) shall include the following ele- port entitled ‘‘2012 Annual Report: Opportu- other purposes; which was ordered to ments: nities to Reduce Duplication, Overlap and lie on the table; as follows: (A) A description of who has or may have Fragmentation, Achieve Savings, and En- access to the stockpiles. hance Revenue’’ (GAO–12–342SP). The plan At the end of subtitle D of title XII, add (B) A description of the sources and types the following: shall include specific objectives, actions, and of weapons flowing from outside Syria to schedules. SEC. 1246. STATUS OF PALESTINIAN MISSION TO both government and opposition forces. UNITED NATIONS. (2) PLAN FOR REDUCTION IN CERTAIN MEDICAL No amounts may be appropriated or other- (C) A detailed plan to prevent the pro- RESEARCH.—Not later than 300 days after the wise made available for contributions to the liferation of conventional, biological, chem- date of the enactment of this Act, the Sec- United Nations if the Security Council or ical, and other types of weapons in Syria. retary of Defense shall, in coordination with General Assembly of the United Nations (c) REPORT ON CURRENT ACTIVITIES AND FU- the Secretary of Veterans Affairs and the grants Palestine, the Palestinian Liberation TURE PLANS TO PROVIDE ASSISTANCE TO Secretary of Health and Human Services, Organization, or the state of Palestine a SYRIA’S POLITICAL OPPOSITION.— submit to Congress a plan to eliminate un- change in United Nations status from a per- (1) IN GENERAL.—Not later than 30 days necessary duplication in the research being manent observer ‘‘entity’’ before the Sec- after the date of the enactment of this Act, conducted by the Congressionally Directed retary of State certifies to Congress that a the President shall submit to Congress a re- Medical Research Program of the Depart- comprehensive peace agreement has been port on all the support provided to opposi- ment of Defense by transferring research reached with the sovereign state of Israel. tion political forces in Syria. that is not directly related to military serv- (2) CONTENT.—The report required under ice to another appropriate department or SA 3172. Mr. CORKER submitted an paragraph (1) shall include the following ele- agency of the Federal Government. The plan amendment intended to be proposed by ments: shall include such recommendations for leg- him to the bill S. 3254, to authorize ap- (A) A full description of the current tech- islative and administrative action as the propriations for fiscal year 2013 for nical assistance democracy programs con- Secretaries consider appropriate to imple- military activities of the Department ducted by the Department of State and ment the plan. of Defense, for military construction, United States Agency for International De- (b) ENHANCEMENT OF TRANSPARENCY.— velopment to support the political opposi- (1) IN GENERAL.—Not later than 180 days and for defense activities of the De- tion in Syria. after the date of the enactment of this Act, partment of Energy, to prescribe mili- (B) A full summary of the communications the Secretary of Defense shall, in consulta- tary personnel strengths for such fiscal equipment that is currently being provided tion with the Director of the Office of Man- year, and for other purposes; which was to the political opposition in Syria, includ- agement and Budget, develop guidance to en- ordered to lie on the table; as follows: ing a description of the entities that have re- sure that—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7120 CONGRESSIONAL RECORD — SENATE November 28, 2012 (A) the Department of Defense and the military activities of the Department At the end of title XXVII, add the fol- components of the Department are reporting of Defense, for military construction, lowing: information required by the Federal Funding and for defense activities of the De- SEC. 2705. REPORT ON COLLOCATION OF AIR Accountability and Transparency Act of 2006 partment of Energy, to prescribe mili- FORCE MATERIEL COMMAND ORGA- (Public Law 109–282; 31 U.S.C. 6101 note) re- NIZATIONS. garding recipients of grants, contracts, or tary personnel strengths for such fiscal (a) IN GENERAL.—Not later than 180 days other forms of Federal financial assistance year, and for other purposes; which was after the date of the enactment of this Act, provided by the Department of Defense using ordered to lie on the table; as follows: the Secretary of Defense shall submit to the covered research, development, test, and At the end of subtitle H of title X, add the congressional defense committees a report evaluation funds; and following: on the collocation of Air Force Materiel Command organizations. (B) such information is posted in a timely SEC. 1084. ELIGIBILITY FOR INTERMENT IN NA- (b) CONTENT.—The report required under manner on the Internet website of the Office TIONAL CEMETERIES. subsection (a) shall include the following ele- of Management and Budget available to the (a) IN GENERAL.—Section 2402(a) of title 38, ments: public. United States Code, is amended by adding at (1) An assessment of the efficiencies and ef- (2) ADDITIONAL INTERNET WEBSITE.—Not the end the following new paragraph: fectiveness associated with the collocation later than 300 days after the date of the en- ‘‘(10) Any individual who— of Air Force Material Command organiza- actment of this Act, the Secretary of De- ‘‘(A) the Secretary determines served in tions. fense, shall develop a searchable Internet combat support of the Armed Forces (includ- (2) An assessment of the organizational website available to the public that lists ing combat support involving any covert ac- construct to determine how institutional grants awarded by the Department using tion of the United States, as defined in sec- synergies that were previously available in a covered research, development, test, and tion 503(e) of the National Security Act of collocated center can be replicated in the evaluation funds. The information posted on 1947 (50 U.S.C. 413b)) in the Kingdom of Laos new Air Force Material Command Center re- the website regarding a grant shall include during the period beginning on February 28, organization, including an assessment of the the following: 1961, and ending on May 15, 1975; and following Air Force Material Command capa- (A) The name and location of the recipient ‘‘(B) at the time of the individual’s death bilities: of the grant. was a citizen of the United States or an alien (A) Science and Technology, Acquisition. (B) The total amount of the grant, and the lawfully admitted for permanent residence (B) Developmental Test and Evaluation. amount of the grant to be disbursed by year in the United States.’’. (C) Operational Test and Evaluation. in the case of a multi-year grant. (b) EFFECTIVE DATE.—The amendment (D) Follow-on Operational Test and Eval- (C) The duration of the grant. made by subsection (a) shall apply with re- uation. (D) The purpose of the grant. spect to an individual dying on or after the (3) An assessment of synergistic effi- (3) COVERED RESEARCH, DEVELOPMENT, TEST, date of the enactment of this Act. ciencies associated with capabilities of collo- AND EVALUATION FUNDS DEFINED.—In this sub- cated organizations of other commands re- section, the term ‘‘covered research, develop- SA 3175. Mr. RUBIO submitted an sponsible for initial and follow-on test and ment, test, and evaluation funds’’ means amendment intended to be proposed by evaluation of systems. amounts authorized to be appropriated for him to the bill S. 3254, to authorize ap- (4) An assessment of how the Air Force re- the Department of Defense for a fiscal year propriations for fiscal year 2013 for organization of Air Force Material Command after fiscal year 2013 for research, develop- military activities of the Department is in adherence with section 2687 of title 10, ment, test, and evaluation. of Defense, for military construction, United States Code. (c) PRIORITY IN DEFENSE RESEARCH FOR NA- (5) An analysis of the extent to which the TIONAL SECURITY AND CARE OF WOUNDED and for defense activities of the De- proposed changes in the Air Force manage- WARRIORS.— partment of Energy, to prescribe mili- ment structure were coordinated with the (1) LIMITATION ON AVAILABILITY OF CERTAIN tary personnel strengths for such fiscal Office of the Secretary of Defense and the Di- AMOUNTS.—Notwithstanding any other provi- year, and for other purposes; which was rector, Test Resource Management Center sion of this Act, amounts authorized to be ordered to lie on the table; as follows: and the degree to which their concerns, if appropriated for fiscal year 2013 for the De- At the end of subtitle E of title III, add the any, were addressed in the approach selected partment of Defense by this title for re- following: by the Air Force. search, development, test, and evaluation may be obligated and expended only on pro- SEC. 344. LIMITATION ON AVAILABILITY OF FUNDS FOR RETIREMENT OR INAC- SA 3177. Mr. RUBIO submitted an grams, projects, and initiatives directly re- TIVATION OF TICONDEROGA CLASS amendment intended to be proposed by lated to defense activities, such as devel- CRUISERS OR DOCK LANDING SHIPS. oping new technologies for the future force, him to the bill S. 3254, to authorize ap- (a) LIMITATION.—Except as provided by sub- propriations for fiscal year 2013 for combating terrorism and other emerging section (b), none of the funds authorized to threats, increasing military combat capabili- be appropriated by this Act or otherwise military activities of the Department ties, and improving care, protection, and the made available for fiscal year 2013 for the of Defense, for military construction, health and well-being of members of the Department of Defense may be obligated or and for defense activities of the De- Armed Forces. expended to retire, prepare to retire, inac- partment of Energy, to prescribe mili- (2) FOREIGN COMPARATIVE TESTING PRO- tivate, or place in storage a cruiser or dock tary personnel strengths for such fiscal GRAM.— landing ship. year, and for other purposes; which was (A) IN GENERAL.—The Foreign Comparative (b) EXCEPTION.—Notwithstanding sub- ordered to lie on the table; as follows: Testing (FCT) program shall support the section (a), the U.S.S. Port Royal, CG 73, is At the end of title XXVII, add the fol- testing of technologies, products, and other authorized for retirement. lowing: items with a high Technology Readiness (c) MAINTAINED LEVELS.—The Secretary of Level that could fill gaps in mission require- the Navy, in supporting the operational re- SEC. 2705. AIR ARMAMENT CENTER, EGLIN AIR FORCE BASE, FLORIDA. ments. quirements of the combatant commands, The Secretary of the Air Force shall retain (B) LIMITATION ON AVAILABILITY OF shall maintain the operational capability an Air Armament Center at Eglin Air Force FUNDS.—No funds authorized to be appro- and perform the necessary maintenance of Base, Florida, in name and function, with priated by this Act for the Foreign Compara- each cruiser and dock landing ship belonging the same integrated mission elements, re- tive Testing program may be obligated or ex- to the Navy until the later of the following sponsibilities, and capabilities as existed pended to develop products or technologies dates: upon the completion of implementation of (such as beef jerky or the osmotic dehydra- (1) The date of the enactment of the Na- the recommendations of the 2005 Base Clo- tion process) not related to weaponry, com- tional Defense Authorization Act for Fiscal sure and Realignment Commission regarding bat systems, or improving the care of or pro- Year 2014. such military installation contained in the tecting the health and well-being of mem- (2) September 30, 2013. report transmitted by the President to Con- bers of the Armed Forces. gress in accordance with section 2914(e) of (d) WAIVER.—The Secretary of Defense may SA 3176. Mr. RUBIO submitted an the Defense Base Closure and Realignment waive any requirement of this section if the amendment intended to be proposed by Act of 1990 (part A of title XXIX of Public Secretary certifies to the congressional de- him to the bill S. 3254, to authorize ap- Law 101–510; 10 U.S.C. 2687 note), until such fense committees in writing that the waiver propriations for fiscal year 2013 for time as such integrated mission elements, is in the national security interests of the military activities of the Department responsibilities, and capabilities are modi- United States and includes with such certifi- fied pursuant to section 2687 of title 10, cation a justification for the waiver. of Defense, for military construction, and for defense activities of the De- United States Code, or a subsequent law pro- viding for the closure or realignment of mili- SA 3174. Ms. MURKOWSKI submitted partment of Energy, to prescribe mili- tary installations in the United States. an amendment intended to be proposed tary personnel strengths for such fiscal by her to the bill S. 3254, to authorize year, and for other purposes; which was SA 3178. Mrs. HUTCHISON submitted appropriations for fiscal year 2013 for ordered to lie on the table; as follows: an amendment intended to be proposed

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7121 by her to the bill S. 3254, to authorize may be transferred, directly or indirectly, ‘‘(III) the epidemiology of such cancer. appropriations for fiscal year 2013 for to— ‘‘(ii) SCIENTIFIC ADVANCES.—The identifica- military activities of the Department (1) North Korea, Cuba, Iran, Sudan, Syria, tion of relevant emerging scientific areas of Defense, for military construction, or any country that is designated by the Sec- and promising scientific advances in basic, retary of State as supporting international and for defense activities of the De- translational, and clinical science relating terrorism under section 6 of the Export Ad- to the areas described in subclauses (I) and partment of Energy, to prescribe mili- ministration Act (50 U.S.C. App. 2405(j) (as (II) of clause (i). tary personnel strengths for such fiscal continued in effect pursuant to the Inter- ‘‘(iii) RESEARCHERS.—A description of the year, and for other purposes; which was national Emergency Economic Powers Act; availability of qualified individuals to con- ordered to lie on the table; as follows: 50 U.S.C. 1701 et seq.)), section 40 of the Arms duct scientific research in the areas de- At the end of subtitle H of title V, add the Export Control Act (22 U.S.C. 2780), or sec- scribed in clause (i). tion 620A of the Foreign Assistance Act of following: ‘‘(iv) COORDINATED RESEARCH INITIATIVES.— 1961 (22 U.S.C. 2371); SEC. 585. AWARD OF PURPLE HEART TO MEM- The identification of the types of initiatives (2) any entity or person in or acting for or BERS OF THE ARMED FORCES WHO and partnerships for the coordination of in- on behalf of such a country; or WERE VICTIMS OF THE ATTACKS AT tramural and extramural research of the In- (3) as part of a launch vehicle owned, oper- RECRUITING STATION IN LITTLE stitute in the areas described in clause (i) ROCK, ARKANSAS, AND AT FORT ated, or manufactured by the government of HOOD, TEXAS. such a country. with research of the relevant national re- search institutes, Federal agencies, and non- (a) AWARD REQUIRED.—The Secretary of SEC. 1095. RULE OF CONSTRUCTION REGARDING the military department concerned shall PRESIDENTIAL WAIVER AUTHORITY. Federal public and private entities in such award the Purple Heart to the members of Nothing in this subtitle shall be construed areas. the Armed Forces who were killed or wound- as removing or limiting the waiver authority ‘‘(v) RESEARCH RESOURCES.—The identifica- ed in the attacks that occurred at the re- of the President under part 126 of the Inter- tion of public and private resources, such as cruiting station in Little Rock, Arkansas, on national Traffic in Arms Regulations (22 patient registries and tissue banks, that are June 1, 2009, and at Fort Hood, Texas, on No- CFR part 126), as in effect on the date of the available to facilitate research relating to vember 5, 2009. enactment of this Act. each of the areas described in clause (i). (b) EXCEPTION.—Subsection (a) shall not SEC. 1096. RULE OF CONSTRUCTION REGARDING ‘‘(B) IDENTIFICATION OF RESEARCH QUES- apply to a member of the Armed Forces SPECIAL EXPORT CONTROL AU- TIONS.—The identification of research ques- whose wound was the result of the willful THORITIES. tions relating to basic, translational, and misconduct of the member. Nothing in this subtitle shall be construed clinical science in the areas described in sub- as removing or limiting existing authorities clauses (I) and (II) of subparagraph (A)(i) SA 3179. Mr. BENNET (for himself, of the President under section 1514 (a) and (b) that have not been adequately addressed Mr. WARNER, and Mr. RUBIO) submitted of the Strom Thurmond National Defense with respect to such recalcitrant cancer. Authorization Act for Fiscal Year 1999 (Pub- an amendment intended to be proposed ‘‘(C) RECOMMENDATIONS.—Recommenda- by him to the bill S. 3254, to authorize lic Law 105–261; 22 U.S.C. 2778 note) with re- tions for appropriate actions that should be spect to defense articles that remain subject taken to advance research in the areas de- appropriations for fiscal year 2013 for to the jurisdiction of the International Traf- scribed in subparagraph (A)(i) and to address military activities of the Department fic in Arms Regulations or to otherwise take the research questions identified in subpara- of Defense, for military construction, such actions as are necessary to implement graph (B), as well as for appropriate bench- and for defense activities of the De- requirements for improving national secu- marks to measure progress on achieving partment of Energy, to prescribe mili- rity controls in the export licensing of sat- such actions, including the following: tary personnel strengths for such fiscal ellites, launch vehicles, and related items. ‘‘(i) RESEARCHERS.—Ensuring adequate year, and for other purposes; which was SA 3180. Mr. WHITEHOUSE sub- availability of qualified individuals de- ordered to lie on the table; as follows: mitted an amendment intended to be scribed in subparagraph (A)(iii). At the end of title X, add the following: proposed by him to the bill S. 3254, to ‘‘(ii) COORDINATED RESEARCH INITIATIVES.— Subtitle I—Safeguarding United States authorize appropriations for fiscal year Promoting and developing initiatives and Satellite Leadership and Security 2013 for military activities of the De- partnerships described in subparagraph (A)(iv). SEC. 1091. SHORT TITLE. partment of Defense, for military con- This subtitle may be cited as the ‘‘Safe- ‘‘(iii) RESEARCH RESOURCES.—Developing struction, and for defense activities of additional public and private resources de- guarding United States Satellite Leadership the Department of Energy, to prescribe and Security Act of 2012’’. scribed in subparagraph (A)(v) and strength- military personnel strengths for such ening existing resources. SEC. 1092. AUTHORITY TO DETERMINE APPRO- PRIATE EXPORT CONTROLS FOR fiscal year, and for other purposes; ‘‘(3) TIMING.— SATELLITES AND RELATED ITEMS. which was ordered to lie on the table; ‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT Notwithstanding any other provision of as follows: UPDATE.—For each recalcitrant cancer iden- law, the President is authorized to determine At the appropriate place, insert the fol- tified under subsection (b)(1), the Director of the appropriate export controls of satellites lowing: the Institute shall— and related items and transfer such items SEC. ll. SCIENTIFIC FRAMEWORK FOR RECAL- ‘‘(i) develop a scientific framework under based on national security and foreign policy CITRANT CANCERS. this subsection not later than 18 months objectives from the jurisdiction of the Inter- Subpart 1 of part C of title IV of the Public after the date of the enactment of this sec- national Traffic in Arms Regulations (22 Health Service Act (42 U.S.C. 285 et seq.) is tion; and CFR part 120 et seq.) to the Export Adminis- amended by adding at the end the following: ‘‘(ii) review and update the scientific tration Regulations (15 CFR part 730 et seq.), ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RE- framework not later than 5 years after its consistent with the procedures in section CALCITRANT CANCERS. initial development. 38(f) of the Arms Export Control Act (22 ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAME- ‘‘(B) OTHER UPDATES.—The Director of the U.S.C. 2778(f)). WORK.— Institute may review and update each sci- SEC. 1093. PROHIBITION ON TRANSFERS TO THE ‘‘(1) IN GENERAL.—For each recalcitrant entific framework developed under this sub- PEOPLE’S REPUBLIC OF CHINA. cancer identified under subsection (b), the section as necessary. No satellite or related item made subject Director of the Institute shall develop (in ac- ‘‘(4) PUBLIC NOTICE.—With respect to each to the jurisdiction of the Export Administra- cordance with subsection (c)) a scientific scientific framework developed under sub- tion Regulations pursuant to section 1092 framework for the conduct or support of re- section (a), not later than 30 days after the may be transferred, directly or indirectly, to search on such cancer. date of completion of the framework, the Di- the Government of the People’s Republic of ‘‘(2) CONTENTS.—The scientific framework rector of the Institute shall— China or any entity or person in or acting for with respect to a recalcitrant cancer shall ‘‘(A) submit such framework to the Com- or on behalf of the People’s Republic of include the following: mittee on Energy and Commerce and Com- China or launched in the People’s Republic ‘‘(A) CURRENT STATUS.— mittee on Appropriations of the House of of China or as part of a launch vehicle ‘‘(i) REVIEW OF LITERATURE.—A summary of Representatives, and the Committee on owned, operated, or manufactured by the findings from the current literature in the Health, Education, Labor, and Pensions and Government of the People’s Republic of areas of— Committee on Appropriations of the Senate; China. ‘‘(I) the prevention, diagnosis, and treat- and ment of such cancer; SEC. 1094. PROHIBITION ON TRANSFERS TO ‘‘(B) make such framework publically ‘‘(II) the fundamental biologic processes STATE SPONSORS OF TERRORISM available on the Internet website of the De- AND NORTH KOREA. that regulate such cancer (including similar- partment of Health and Human Services. No satellite or related item made subject ities and differences of such processes from to the jurisdiction of the Export Administra- the biological processes that regulate other ‘‘(b) IDENTIFICATION OF RECALCITRANT CAN- tion Regulations pursuant to section 1092 cancers); and CER.—

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE S7122 CONGRESSIONAL RECORD — SENATE November 28, 2012 ‘‘(1) IN GENERAL.—Not later than 6 months SEC. 1084. SENSE OF THE SENATE ON NATIONAL tary personnel strengths for such fiscal after the date of the enactment of this sec- SECURITY IMPLICATIONS OF CLI- year, and for other purposes; which was MATE CHANGE. tion, the Director of the Institute shall iden- ordered to lie on the table; as follows: tify two or more recalcitrant cancers that (a) FINDINGS.—The Senate makes the fol- At the end of subtitle D of title VIII, add each— lowing findings: the following: ‘‘(A) have a 5-year relative survival rate of (1) The Secretary of Defense has stated less than 20 percent; and that ‘‘[t]he area of climate change has a dra- SEC. 888. PUBLIC AVAILABILITY OF DATABASE OF ‘‘(B) are estimated to cause the death of at matic impact on national security’’. SENIOR DEPARTMENT OF DEFENSE (2) The 2010 National Security Strategy OFFICIALS SEEKING EMPLOYMENT least 30,000 individuals in the United States WITH DEFENSE CONTRACTORS. per year. states that ‘‘the danger from climate change is real, urgent and severe’’. Section 847(b) of the National Defense Au- ‘‘(2) ADDITIONAL CANCERS.—The Director of thorization Act for Fiscal Year 2008 (Public the Institute may, at any time, identify (3) The 2010 Quadrennial Defense Review states that ‘‘[c]limate change and energy are Law 110–181; 10 U.S.C. 1701 note) is amended other recalcitrant cancers for purposes of by adding at the end the following new para- this section. In identifying a recalcitrant two key issues that will play a significant role in shaping the future security environ- graph: cancer pursuant to the previous sentence, ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- the Director may consider additional ment’’. (4) The 2010 Quadrennial Defense Review TION.—The Secretary of Defense shall make metrics of progress (such as incidence and available online to the public any informa- mortality rates) against such type of cancer. notes a 2008 assessment by the National In- telligence Council, which found that ‘‘more tion contained in the database or repository ‘‘(c) WORKING GROUPS.—For each recal- required under paragraph (1) that is not con- citrant cancer identified under subsection than 30 U.S. military installations were al- ready facing elevated levels of risk from ris- fidential, personal, or proprietary in na- (b), the Director of the Institute shall con- ture.’’. vene a working group comprised of rep- ing sea levels’’. (5) The Defense Science Board issued a re- resentatives of appropriate Federal agencies SA 3184. Mr. CARPER submitted an and other non-Federal entities to provide ex- port in October 2011 on Trends and Implica- tions of Climate Change for National and amendment intended to be proposed by pertise on, and assist in developing, a sci- him to the bill S. 3254, to authorize ap- entific framework under subsection (a). The International Security, which stated that Director of the Institute (or the Director’s ‘‘the effectiveness of adaptation will have propriations for fiscal year 2013 for designee) shall participate in the meetings of significant national and international secu- military activities of the Department each such working group. rity implications’’. of Defense, for military construction, (b) SENSE OF THE SENATE.—It is the sense and for defense activities of the De- ‘‘(d) REPORTING.— of the Senate that it is in the national secu- ‘‘(1) BIENNIAL REPORTS.—The Director of rity interest of the United States to assess, partment of Energy, to prescribe mili- NIH shall ensure that each biennial report plan for, and mitigate the security and stra- tary personnel strengths for such fiscal under section 403 includes information on ac- tegic implications of climate change. year, and for other purposes; which was tions undertaken to carry out each scientific ordered to lie on the table; as follows: framework developed under subsection (a) SA 3182. Mr. SANDERS submitted an with respect to a recalcitrant cancer, includ- At the end of subtitle F of title V of divi- amendment intended to be proposed by sion A, add the following: ing the following: him to the bill S. 3254, to authorize ap- ‘‘(A) Information on research grants SEC. 561. DEPARTMENT OF DEFENSE AND DE- awarded by the National Institutes of Health propriations for fiscal year 2013 for PARTMENT OF VETERANS AFFAIRS military activities of the Department ACTIONS ON INELIGIBILITY OF CER- for research relating to such cancer. TAIN PROPRIETARY INSTITUTIONS ‘‘(B) An assessment of the progress made in of Defense, for military construction, OF HIGHER EDUCATION FOR PAR- improving outcomes (including relative sur- and for defense activities of the De- TICIPATION IN PROGRAMS OF EDU- vival rates) for individuals diagnosed with partment of Energy, to prescribe mili- CATIONAL ASSISTANCE. such cancer. tary personnel strengths for such fiscal (a) DEPARTMENT OF VETERANS AFFAIRS.— ‘‘(C) An update on activities pertaining to year, and for other purposes; which was (1) IN GENERAL.—Subchapter II of chapter such cancer under the authority of section ordered to lie on the table; as follows: 36 of title 38, United States Code, is amended 413(b)(7). by inserting after section 3681 the following At the end of subtitle E of title VIII, add ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER- new section: the following: TAIN FRAMEWORKS.—For each recalcitrant ‘‘§ 3681A. Ineligibility of certain proprietary SEC. 888. ANNUAL REPORT ON DEFENSE CON- cancer identified under subsection (b)(1), the institutions of higher education for partici- Director of the Institute shall, not later than TRACTING FRAUD. (a) ANNUAL STUDY AND REPORT.—The Sec- pation in Department of Veterans Affairs 6 years after the initial development of a sci- retary of Defense shall conduct an annual programs of educational assistance entific framework under subsection (a), sub- study on defense contracting fraud and sub- ‘‘(a) IN GENERAL.—Upon receipt of a notice mit a report to the Congress on the effective- mit a report containing the findings of such from the Secretary of Education under ness of the framework (including the update study to the congressional defense commit- clause (iii) of section 487(d)(2)(A) of the High- required by subsection (a)(3)(A)(ii)) in im- tees. er Education Act of 1965 (20 U.S.C. proving the prevention, detection, diagnosis, (b) REPORT CONTENTS.—The report required 1094(d)(2)(A)) that a proprietary institution and treatment of such cancer. under subsection (a) shall include with re- of higher education is ineligible for partici- ‘‘(e) RECOMMENDATIONS FOR EXCEPTION spect to the most recent reporting period the pation in or receipt of funds under any pro- FUNDING.—The Director of the Institute shall following elements: gram of Federal educational assistance by consider each relevant scientific framework (1) An assessment of the total value of De- reason of such section, the Secretary of Vet- developed under subsection (a) when making partment of Defense contracts entered into erans Affairs shall ensure that no edu- recommendations for exception funding for to with contractors that have been indicted cational assistance under the provisions of grant applications. for, settled charges of, been fined by any law specified in subsection (b) is available or ‘‘(f) DEFINITION.—In this section, the term Federal department or agency for, or been used for education at the institution for the ‘recalcitrant cancer’ means a cancer for convicted of fraud in connection with any period of institutional fiscal years covered which the five-year relative survival rate is contract or other transaction entered into by such notice. below 50 percent.’’. with the Federal Government. ‘‘(b) COVERED ASSISTANCE.—The provisions (2) Recommendations by the Inspector of law specified in this subsection are the SA 3181. Mr. WHITEHOUSE (for him- General of the Department of Defense or provisions of law on educational assistance self, Mr. MENENDEZ, Mr. MERKLEY, Mr. other appropriate Department of Defense of- through the Department under chapters 30, LAUTENBERG, and Mrs. BOXER) sub- ficial regarding how to penalize contractors 31, 32, 33, 34, and 35 of this title. mitted an amendment intended to be repeatedly involved in fraud in connection ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- proposed by him to the bill S. 3254, to with contracts or other transactions entered retary of Veterans Affairs shall take appro- priate actions to notify persons receiving or authorize appropriations for fiscal year into with the Federal Government, including an update on implementation by the Depart- eligible for educational assistance under the 2013 for military activities of the De- ment of any previous such recommendations. provisions of law specified in subsection (b) partment of Defense, for military con- of the application of the limitations in sec- struction, and for defense activities of SA 3183. Mr. SANDERS submitted an tion 487(d)(2) of the Higher Education Act of the Department of Energy, to prescribe amendment intended to be proposed by 1965 to particular proprietary institutions of military personnel strengths for such him to the bill S. 3254, to authorize ap- higher education. fiscal year, and for other purposes; propriations for fiscal year 2013 for ‘‘(2) The actions taken under this sub- section with respect to a proprietary institu- which was ordered to lie on the table; military activities of the Department tion shall include publication, on the Inter- as follows: of Defense, for military construction, net website of the Department that provides At the end of subtitle H of title X, add the and for defense activities of the De- information to persons described in para- following: partment of Energy, to prescribe mili- graph (1), of the following:

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7123 ‘‘(A) The name of the institution. such title is amended by inserting after the that receives funds under this title is ineli- ‘‘(B) The extent to which the institution item relating to section 2008 the following gible under clause (i) and shall notify all failed to meet the requirements of section new item: other administering Secretaries of the deter- 487(a)(24) of the Higher Education Act of 1965. ‘‘2008a. Ineligibility of certain proprietary mination. ‘‘(C) The length of time the institution will institutions of higher education ‘‘(iv) ENFORCEMENT.—Each administering be ineligible for participation in or receipt of for participation in Department Secretary for a program of Federal edu- funds under any program of Federal edu- of Defense programs of edu- cational assistance shall enforce the require- cational assistance by reason of section cational assistance.’’. ments of this subparagraph for the program 487(d)(2)(A) of that Act. concerned upon receiving notification under SEC. 562. PROGRAM PARTICIPATION AGREE- ‘‘(D) The nonavailability of educational as- MENTS FOR PROPRIETARY INSTITU- clause (iii) of a proprietary institution of sistance through the Department for enroll- TIONS OF HIGHER EDUCATION. higher education’s ineligibility.’’; and ment, attendance, or pursuit of a program of Section 487 of the Higher Education Act of (ii) in subparagraph (B)— education at the institution by reason of 1965 (20 U.S.C. 1094) is amended— (I) in the matter preceding clause (i)— such ineligibility.’’. (1) in subsection (a)(24)— (aa) by striking ‘‘In addition’’ and all that (2) CLERICAL AMENDMENT.—The table of (A) by inserting ‘‘that receives funds pro- follows through ‘‘education fails’’ and insert- sections at the beginning of chapter 36 of vided under this title’’ before ‘‘, such institu- ing ‘‘Notwithstanding any other provision of such title is amended by inserting after the tion’’; and law, in addition to such other means of en- item relating to section 3681 the following (B) by striking ‘‘other than funds provided forcing the requirements of a program of new item: under this title, as calculated in accordance Federal educational assistance as may be ‘‘3681A. Ineligibility of certain proprietary with subsection (d)(1)’’ and inserting ‘‘other available to the administering Secretary, if institutions of higher education than Federal educational assistance, as de- a proprietary institution of higher education for participation in Department fined in subsection (d)(5) and calculated in that receives funds provided under this title of Veterans Affairs programs of accordance with subsection (d)(1)’’; and fails’’; and educational assistance.’’. (2) in subsection (d)— (bb) by striking ‘‘the programs authorized (b) DEPARTMENT OF DEFENSE.— (A) in the subsection heading, by striking by this title’’ and inserting ‘‘all programs of (1) IN GENERAL.—Chapter 101 of title 10, ‘‘NON-TITLE IV’’ and inserting ‘‘NON-FEDERAL Federal educational assistance’’; and United States Code, is amended by inserting EDUCATIONAL’’; (II) in clause (i), by inserting ‘‘with respect after section 2008 the following new section: (B) in paragraph (1)— to a program of Federal educational assist- ‘‘§ 2008a. Ineligibility of certain proprietary (i) in the matter preceding subparagraph ance under this title,’’ before ‘‘on the expira- institutions of higher education for partici- (A), by inserting ‘‘that receives funds pro- tion date’’; pation in Department of Defense programs vided under this title’’ before ‘‘shall’’; (D) in paragraph (4)(A), by striking of educational assistance (ii) in subparagraph (B)— ‘‘sources under this title’’ and inserting ‘‘Federal educational assistance’’; and ‘‘(a) IN GENERAL.—Upon receipt of a notice (I) in clause (i), by striking ‘‘assistance (E) by adding at the end the following: from the Secretary of Education under under this title’’ and inserting ‘‘Federal edu- ‘‘(5) DEFINITIONS.—In this subsection: clause (iii) of section 487(d)(2)(A) of the High- cational assistance’’; and ‘‘(A) ADMINISTERING SECRETARY.—The term er Education Act of 1965 (20 U.S.C. (II) in clause (ii)(I), by inserting ‘‘, or on a ‘administering Secretary’ means the Sec- 1094(d)(2)(A)) that a proprietary institution military base if the administering Secretary retary of Education, the Secretary of De- of higher education is ineligible for partici- for a program of Federal educational assist- fense, the Secretary of Veterans Affairs, the pation in or receipt of funds under any pro- ance under clause (ii), (iii), or (iv) of para- Secretary of Homeland Security, or the Sec- gram of Federal educational assistance by graph (5)(B) has authorized such location’’ retary of a military department responsible reason of such section, the Secretary of De- before the semicolon; for administering the Federal educational fense shall ensure that no educational assist- (iii) in subparagraph (C), by striking ‘‘pro- assistance concerned. ance under the provisions of law specified in gram under this title’’ and inserting ‘‘pro- ‘‘(B) FEDERAL EDUCATIONAL ASSISTANCE.— subsection (b) is available or used for edu- gram of Federal educational assistance’’; The term ‘Federal educational assistance’ cation at the institution for the period of in- (iv) in subparagraph (E), by striking ‘‘funds means funds provided under any of the fol- stitutional fiscal years covered by such no- received under this title’’ and inserting lowing provisions of law: tice. ‘‘Federal educational assistance’’; and ‘‘(i) This title. ‘‘(b) COVERED ASSISTANCE.—The provisions (v) in subparagraph (F)— of law specified in this subsection are the (I) in clause (iii), by striking ‘‘under this ‘‘(ii) Chapter 30, 31, 32, 33, 34, or 35 of title provisions of law on educational assistance title’’ and inserting ‘‘of Federal educational 38, United States Code. through the Department of Defense as fol- assistance’’; and ‘‘(iii) Chapter 101, 105, 106A, 1606, 1607, or lows: (II) in clause (iv), by striking ‘‘under this 1608 of title 10, United States Code. ‘‘(1) This chapter. title’’ and inserting ‘‘of Federal educational ‘‘(iv) Section 1784a of title 10, United ‘‘(2) Chapters 105, 106A, 1606, 1607, and 1608 assistance’’; States Code.’’. of this title. (C) in paragraph (2)— ‘‘(3) Section 1784a of this title. (i) by striking subparagraph (A) and insert- SA 3185. Mr. LEE submitted an ‘‘(c) NOTICE ON INELIGIBILITY.—(1) The Sec- ing the following: amendment intended to be proposed by retary of Defense shall take appropriate ac- ‘‘(A) INELIGIBILITY.— him to the bill S. 3254, to authorize ap- tions to notify persons receiving or eligible ‘‘(i) IN GENERAL.—Notwithstanding any propriations for fiscal year 2013 for for educational assistance under the provi- other provision of law, a proprietary institu- military activities of the Department sions of law specified in subsection (b) of the tion of higher education receiving funds pro- of Defense, for military construction, application of the limitations in section vided under this title that fails to meet a re- and for defense activities of the De- quirement of subsection (a)(24) for two con- 487(d)(2) of the Higher Education Act of 1965 partment of Energy, to prescribe mili- to particular proprietary institutions of secutive institutional fiscal years shall be higher education. ineligible to participate in or receive funds tary personnel strengths for such fiscal ‘‘(2) The actions taken under this sub- under any program of Federal educational year, and for other purposes; which was section with respect to a proprietary institu- assistance for a period of not less than two ordered to lie on the table; as follows: tion shall include publication, on the Inter- institutional fiscal years. On page l, between lines l and l, insert net website of the Department of Defense ‘‘(ii) REGAINING ELIGIBILITY.—To regain eli- the following: that provides information to persons de- gibility to participate in or receive funds SEC. ll. ANNUAL REPORTS ON UNITED STATES scribed in paragraph (1), of the following: under any program of Federal educational CONTRIBUTIONS TO THE UNITED ‘‘(A) The name of the institution. assistance after being ineligible pursuant to NATIONS. ‘‘(B) The extent to which the institution clause (i), a proprietary institution of higher (a) ANNUAL REPORT.—Not later than 90 failed to meet the requirements of section education shall demonstrate compliance days after the date of the enactment of this 487(a)(24) of the Higher Education Act of 1965. with all eligibility and certification require- Act and annually thereafter, the Director of ‘‘(C) The length of time the institution will ments for the program for a minimum of two the Office of Management and Budget shall be ineligible for participation in or receipt of institutional fiscal years after the institu- submit to Congress a report listing all as- funds under any program of Federal edu- tional fiscal year in which the institution be- sessed and voluntary contributions, includ- cational assistance by reason of section came ineligible. In order to regain eligibility ing in-kind, of the United States Govern- 487(d)(2)(A) of that Act. to participate in any program of Federal ment for the preceding fiscal year to the ‘‘(D) The nonavailability of educational as- educational assistance under this title, such United Nations and United Nations affiliated sistance through the Department for enroll- compliance shall include meeting the re- agencies and related bodies. ment, attendance, or pursuit of a program of quirements of section 498 for such 2-year pe- (b) CONTENTS.—Each report required under education at the institution by reason of riod. subsection (a) shall set forth, for the fiscal such ineligibility.’’. ‘‘(iii) NOTIFICATION OF INELIGIBILITY.—The year covered by such report, the following: (2) CLERICAL AMENDMENT.—The table of Secretary of Education shall determine when (1) The total amount of all assessed and sections at the beginning of chapter 101 of a proprietary institution of higher education voluntary contributions, including in-kind,

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of the United States Government to the (b) REPORT.— (5) by adding at the end the following new United Nations and United Nations affiliated (1) IN GENERAL.—Not later than September paragraph: agencies and related bodies. 30, 2013, the Secretary of Defense shall sub- ‘‘(2) With respect to the report required (2) The approximate percentage of United mit to the congressional defense committees under paragraph (1) by the Deputy Assistant States Government contributions to each a report containing the results of the study Secretary of Defense for Developmental Test United Nations affiliated agency or body in conducted under subsection (a), together and Evaluation— such fiscal year when compared with all con- with the comments of the Secretary of De- ‘‘(A) the report shall include a separate tributions to such agency or body from any fense on the findings contained in the study. section that covers the activities of the De- source in such fiscal year. (2) CLASSIFIED ANNEX.—The report shall be partment of Defense Test Resource Manage- (3) For each such contribution— in unclassified form, but may contain a clas- ment Center (established under section 196 of (A) the amount of such contribution; sified annex. this title) during the preceding year; and (B) a description of such contribution (in- (c) DEFINITIONS.—In this section: ‘‘(B) the report shall be transmitted to the cluding whether assessed or voluntary); (1) The term ‘‘small arms’’ means— Under Secretary of Defense for Acquisition, (C) the department or agency of the United (A) firearms up to but not including .50 cal- Technology, and Logistics at the same time States Government responsible for such con- iber; and it is submitted to the congressional defense tribution; (B) shotguns. committees.’’. (D) the purpose of such contribution; and (2) The term ‘‘small arms ammunition’’ f (E) the United Nations or United Nations means ammunition or ordnance for— affiliated agency or related body receiving (A) firearms up to but not including .50 cal- AUTHORITY FOR COMMITTEES TO such contribution. iber; and MEET (c) PUBLIC AVAILABILITY OF INFORMATION.— (B) shotguns. Not later than two weeks after submitting COMMITTEE ON FOREIGN RELATIONS each report required under subsection (a), SA 3187. Mr. COCHRAN submitted an Mr. LEVIN. Mr. President, I ask the Director of the Office of Management amendment intended to be proposed by unanimous consent that the Com- and Budget shall post a public version of the him to the bill S. 3254, to authorize ap- mittee on Foreign Relations be author- report on a text-based, searchable, and pub- ized to meet during the session of the licly available Internet website. propriations for fiscal year 2013 for military activities of the Department Senate on November 28, 2012, at 2 p.m., SA 3186. Mr. COBURN submitted an of Defense, for military construction, to hold a nominations hearing. amendment intended to be proposed by and for defense activities of the De- The PRESIDING OFFICER. Without him to the bill S. 3254, to authorize ap- partment of Energy, to prescribe mili- objection, it is so ordered. propriations for fiscal year 2013 for tary personnel strengths for such fiscal SUBCOMMITTEE ON INTERNATIONAL DEVELOP- military activities of the Department year, and for other purposes; which was MENT AND FOREIGN ASSISTANCE, ECONOMIC of Defense, for military construction, ordered to lie on the table; as follows: AFFAIRS AND INTERNATIONAL ENVIRON- and for defense activities of the De- At the appropriate place, insert the fol- MENTAL PROTECTION partment of Energy, to prescribe mili- lowing: Mr. LEVIN. Mr. President, I ask tary personnel strengths for such fiscal SEC. lll. ADDITIONAL RESPONSIBILITIES AND unanimous consent that the Com- year, and for other purposes; which was RESOURCES FOR DEPUTY ASSIST- mittee on Foreign Relations be author- ANT SECRETARY OF DEFENSE FOR ized to meet during the session of the ordered to lie on the table; as follows: DEVELOPMENTAL TEST AND EVAL- At the end of subtitle E of title VIII, add UATION. Senate on November 28, 2012, at 10 a.m., the following: (a) SUPERVISION.—Section 139b(a)(3) of title to hold an International Development SEC. 888. STUDY ON ARMY SMALL ARMS AND AM- 10, United States Code, is amended by strik- and Foreign Assistance, Economic Af- MUNITION ACQUISITION. ing ‘‘to the Under Secretary’’ before the pe- fairs and International Environmental (a) STUDY.— riod and inserting ‘‘directly to the Under Protection subcommittee hearing enti- (1) IN GENERAL.—Not later than 30 days Secretary, without the interposition of any tled, ‘‘Evaluating Current U.S. Global after the date of the enactment of this Act, other supervising official’’. the Secretary of Defense shall enter into a (b) CONCURRENT SERVICE.—Section Food Security Efforts and Determining contract with a Federally Funded Research 139b(a)(7) of such title is amended by striking Future U.S. Leadership Opportuni- and Development Center to conduct a study ‘‘may’’ and inserting ‘‘shall’’. ties.’’ on the Army’s acquisition of small arms and (c) RESOURCES.—Section 139b(a) of such The PRESIDING OFFICER. Without ammunition to determine each of the fol- title is amended by adding at the end the fol- objection, it is so ordered. lowing: lowing new paragraph: f (A) A comparative evaluation of the cur- ‘‘(8) RESOURCES.— rent military small arms in use by United ‘‘(A) The President shall include in the PRIVILEGES OF THE FLOOR States general purpose and special oper- budget transmitted to Congress, pursuant to ations forces, allied foreign militaries, and section 1105 of title 31, for each fiscal year, a Mr. MERKLEY. Mr. President, I ask those potential candidate small arms not separate statement of estimated expendi- unanimous consent that Jesse necessarily in use militarily but available tures and proposed appropriations for the fis- Marseille, an intern in my office, be commercially. cal year for the activities of the Deputy As- granted the privilege of the floor for (B) An assessment of the Department of sistant Secretary of Defense for Develop- the duration of the day. Defense’s current plans to modernize its mental Test and Evaluation in carrying out The ACTING PRESIDENT pro tem- small arms capabilities. the duties and responsibilities of the Deputy pore. Without objection, it is so or- (C) A comparative evaluation of the Assistant Secretary under this section. dered. Army’s standard small arms ammunition ‘‘(B) The Deputy Assistant Secretary of Ms. MURRAY. Mr. President, I ask with other small arms ammunition alter- Defense for Developmental Test and Evalua- natives. tion shall have sufficient professional staff unanimous consent that Maj. Megan A. (2) FACTORS TO CONSIDER.—The study re- of military and civilian personnel to enable Kinne, a U.S. Air Force officer who is quired under subsection (a) shall take into the Deputy Assistant Secretary to carry out currently serving as a defense legisla- consideration the following factors: the duties and responsibilities prescribed by tive fellow this year in Senator REID’s (A) Current and future operating environ- law. The resources for the Deputy Assistant office, be granted floor privileges for ments as specified or referred to in Depart- Secretary shall be comparable to the re- the duration of S. 3254, the National ment of Defense strategic guidance and plan- sources, including Senior Executive Service Defense Authorization Act for 2013. ning documents. positions, other civilian positions, and mili- The ACTING PRESIDENT pro tem- (B) Modifications and improvements re- tary positions, available to the Director of cently applied to United States general pur- Operational Test and Evaluation.’’. pore. Without objection, it is so or- pose and special operations forces small (d) ANNUAL REPORT.—Section 139b(d) of dered. arms as well as their potential for continued such title is amended— Mr. MCCAIN. Mr. President, I ask modification and improvement. (1) in the subsection heading, by striking unanimous consent that LCDR Todd (C) Industrial base impacts. ‘‘JOINT’’; Ladwig, a Navy fellow in my office, and (3) ACCESS TO INFORMATION.—The Secretary (2) by redesignating paragraphs (1), (2), (3), interns Jackie Kerber, Tassilo von of Defense and the Secretary of the Army and (4) as subparagraphs (A), (B), (C), and Bismark, and Daniel Edwards, be al- shall ensure that the Federally Funded Re- (D), respectively; lowed floor privileges for the duration search and Development Center conducting (3) by inserting ‘‘(1)’’ before ‘‘Not later the study required under subsection (a) has than March 31’’; of the Senate’s debate on S. 3254, the access to all necessary data, records, anal- (4) in the matter appearing before subpara- National Defense Authorization Act. ysis, personnel, and other resources nec- graph (A), as so redesignated, by striking The PRESIDING OFFICER. Without essary to complete the study. ‘‘jointly’’ and inserting ‘‘each’’; and objection, it is so ordered.

VerDate Mar 15 2010 23:37 Feb 08, 2013 Jkt 029060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\RECORD12\NOVEMBER\S28NO2.REC S28NO2 mmaher on DSK5VPTVN1PROD with CONG-REC-ONLINE November 28, 2012 CONGRESSIONAL RECORD — SENATE S7125 Mr. INHOFE. Mr. President, I ask leges during this vote and subsequent (2) that addresses how the Department will unanimous consent that CAPT Tony votes on the bill be granted to Bruce eliminate material weaknesses and significant Pankuch, a defense fellow in my office, Cohen, Erica Schabot, and Matt deficiencies in internal controls over financial be granted floor privileges for the re- Virkstis. reporting and provides deadlines for the elimi- nation of such weaknesses and deficiencies; and mainder of this year. The PRESIDING OFFICER. Without (3) to modernize the financial management The PRESIDING OFFICER. Without objection, it is so ordered. systems of the Department, including timelines, objection, it is so ordered. f goals, alternatives, and costs of the plan, which Mr. WYDEN. Mr. President, I ask shall include consideration of alternative ap- unanimous consent that LTC Matt DHS AUDIT REQUIREMENT proaches, including modernizing the existing fi- Groves, a Department of Defense fellow TARGET ACT OF 2012 nancial management systems and associated fi- assigned to my office, be granted the Mr. REID. Mr. President, I ask unan- nancial controls of the Department and estab- privilege of the floor for the remainder lishing new financial management systems and imous consent that the Senate proceed associated financial controls. of debate on S. 3254, the National De- to the consideration of Calendar No. Mr. REID. I ask unanimous consent fense Authorization Act. 535, S. 1998. that the committee-reported substitute The PRESIDING OFFICER. Without The PRESIDING OFFICER. The amendment be agreed to, the bill, as objection, it is so ordered. clerk will report the bill by title. amended, be read a third time and Mr. CARDIN. Mr. President, I ask The assistant legislative clerk read passed, the motions to reconsider be unanimous consent that floor privi- as follows: leges be granted to Ann Y. Lee, a De- laid upon the table, with no inter- A bill (S. 1998) to obtain an unqualified vening action or debate, and that any partment of Defense fellow, during the audit opinion, and improve financial ac- Senate consideration of S. 3254, the fis- countability and management at the Depart- statements related to the bill be print- cal year 2013 National Defense Author- ment of Homeland Security. ed in the RECORD. The PRESIDING OFFICER. Without ization Act. There being no objection, the Senate The PRESIDING OFFICER. Without objection, it is so ordered. proceeded to consider the bill, which The amendment in the nature of a objection, it is so ordered. had been reported from the Committee substitute was agreed to. Mr. BLUNT. Mr. President, I ask on Homeland Security and Govern- The bill (S. 1998), as amended, was or- unanimous consent that my defense mental Affairs, with an amendment to dered to be engrossed for a third read- fellow, MAJ Mark O’Neill, be allowed strike all after the enacting clause and ing, was read the third time, and access to the Senate floor as long as insert in lieu thereof the following: passed. the Defense authorization bill be con- SECTION 1. SHORT TITLE. sidered, and I ask unanimous consent f This Act may be cited as the ‘‘DHS Audit Re- request on behalf of Senator COCHRAN quirement Target Act of 2012’’ or the ‘‘DART ORDERS FOR THURSDAY, that Karen Courington and Mike Han- Act’’. NOVEMBER 29, 2012 sen, legislative fellows detailed to the SEC. 2. IMPROVING FINANCIAL ACCOUNTABILITY Mr. REID. I ask unanimous consent Committee on Appropriations, and AND MANAGEMENT. that when the Senate completes its Taylor Lam, a fellow in Senator COCH- (a) DEFINITIONS.—In this section— business today, it adjourn until tomor- RAN’s office, be granted the privilege of (1) the term ‘‘Department’’ means the Depart- row at 9:30 a.m. Thursday, November the floor during consideration of the ment of Homeland Security; (2) the term ‘‘financial management systems’’ 29, 2012; that following the prayer and National Defense Authorization Act for pledge, the Journal of proceedings be fiscal year 2013. has the meaning given that term under section 806 of the Federal Financial Management Im- approved to date, the morning hour be The PRESIDING OFFICER. Without provement Act of 1996 (31 U.S.C. 3512 note); deemed expired and the time for the objection, it is so ordered. (3) the term ‘‘Secretary’’ means the Secretary two leaders be reserved for their use Mr. LEAHY. Mr. President, I ask of Homeland Security; and later in the day; that the Senate be in unanimous consent that Patricia (4) the term ‘‘unqualified opinion’’ mean an a period of morning business for 1 hour, Clough, a fellow in Senator WARNER’s unqualified opinion within the meaning given with Senators permitted to speak for office, be granted privileges of the floor that term under generally accepted auditing standards. up to 10 minutes each, with the time during consideration of Treaty Docu- equally divided and controlled between ment 112–7, and S. 3254. (b) REACHING AN UNQUALIFIED AUDIT OPIN- ION.—In order to ensure compliance with the the two leaders or their designees, with The PRESIDING OFFICER. Without Department of Homeland Security Financial Ac- the Republicans controlling the first objection, it is so ordered. countability Act (Public Law 108–330; 118 Stat. half and the majority controlling the Mr. LEAHY. Mr. President, I ask 1275) and the amendments made by that Act, the final half; and that following morning unanimous consent that David Bjerke, Secretary shall take the necessary steps to en- business, the Senate resume consider- a defense fellow in Senator sure that the full set of consolidated financial ation of S. 3254, the DOD Authorization statements of the Department for the fiscal year BLUMENTHAL’s office, be granted floor Act. privileges for the duration of the de- ending September 30, 2013, and each fiscal year thereafter, are ready in a timely manner and in The PRESIDING OFFICER. Without bate on the National Defense Author- objection, it is so ordered. ization Act for Fiscal Year 2013. preparation for an audit as part of preparing the performance and accountability reports re- f The PRESIDING OFFICER. Without quired under section 3516(f) of title 31, United objection, it is so ordered. States Code, (including submitting the reports PROGRAM Mrs. FEINSTEIN. Mr. President, I not later than November 15, 2013, and each year Mr. REID. Mr. President, we con- ask unanimous consent that Dorothy thereafter) in order to obtain an unqualified tinue to work through amendments to Englehardt, a military fellow in my of- opinion on the full set of financial statements the DOD. We are not going to be on fice, be granted the privilege of the for the fiscal year. this bill forever. If people want to offer (c) REPORT TO CONGRESS ON PROGRESS OF floor for the remainder of the debate on amendments, they should come and do this bill. MEETING AUDIT REQUIREMENTS.—In order to en- sure progress in implementing the Department of it. We hope to finish the work on this The PRESIDING OFFICER. Without Homeland Security Financial Accountability bill this week. objection, it is so ordered. Act (Public Law 108–330; 118 Stat. 1275), and the f Ms. COLLINS. Mr. President, I ask amendments made by that Act, during the pe- unanimous consent that LCDR Peter riod beginning on the date of enactment of this ADJOURNMENT UNTIL 9:30 A.M. Halvorsen, the military fellow from the Act and ending on the date on which an un- TOMORROW Department of Navy, be granted floor qualified opinion described in subsection (b) is Mr. REID. If there is no further busi- privileges for the remainder of the con- submitted, each report submitted by the Chief ness to come before the Senate, I ask sideration of the Defense authorization Financial Officer of the Department under sec- unanimous consent that the Senate tion 902(a)(6) of title 31, United States Code, bill. shall include a plan— stand adjourned under the previous The PRESIDING OFFICER. Without (1) to obtain an unqualified opinion on the order. objection, it is so ordered. full set of financial statements, which shall dis- There being no objection, the Senate, Mr. LEAHY. Mr. President, I ask cuss plans and resources needed to meet the at 7:18 p.m., adjourned until Thursday, unanimous consent that floor privi- deadlines under subsection (b); November 29, 2012, at 9:30 a.m.

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