Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 112 CONGRESS, SECOND SESSION

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, DECEMBER 5, 2012 No. 155 Senate The Senate met at 9:30 a.m. and was appoint the Honorable KIRSTEN E. GILLI- on record supporting it, even cospon- called to order by the Honorable BRAND, a Senator from the State of New sored it. This treaty, already ratified KIRSTEN E. GILLIBRAND, a Senator from York, to perform the duties of the Chair. by 125 countries, would hold foreign na- the State of New York. DANIEL K. INOUYE, tions to the same high standard and President pro tempore. treatment the United States already PRAYER Mrs. GILLIBRAND thereupon as- maintains for people with disabilities. sumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- It would safeguard American citizens pro tempore. fered the following prayer: traveling, working, and serving abroad, Let us pray. f and that is hundreds of thousands of people right now. The treaty has the God, You have truly been good to us. RECOGNITION OF THE MAJORITY support of veterans groups, disability Even when we stumble and fall, Your LEADER mercy continues to sustain us. Lead groups from around the country, vir- our lawmakers to realize that the abili- The ACTING PRESIDENT pro tem- tually all of them. It wouldn’t cost the ties You have given them are only pore. The majority leader is recog- taxpayers a single penny. It wouldn’t maximized when they are used for Your nized. require any changes to existing United purposes. Show them the best way to f States law, and the issue is as bipartisan as they come. use their talents and opportunities to SCHEDULE honor and serve You. Lord, keep them Here is what one Senator said about from being so mired in political grid- Mr. REID. Madam President, fol- the treaty: lock that they fail to do what is best lowing leader remarks, the Senate will Protecting the rights of persons with dis- for this land we love. May they speak be in a period of morning business for abilities, any person’s, is not a political up to 4 hours. The reason for that is we issue. It is a human issue, regardless of today words that are constructive and where in the world a disabled person strives helpful, bringing encouragement, as have been on a Defense bill for a considerable number of days, and people to live a normal, independent life where well as vision, to their work. Let Your basic rights and accessibilities are available. glory be seen in this place. haven’t had the opportunity to come to Disability rights and protections have al- We pray in Your holy Name. Amen. express their views on a number of dif- ways been a bipartisan issue and ratifying ferent issues, so we are going to extend this treaty should be no different. f that morning business for a longer This wasn’t some ultraliberal speak- PLEDGE OF ALLEGIANCE time than normal. ing, it was Senator JOHN MCCAIN, a dis- Following morning business, about 2 The Honorable KIRSTEN E. GILLI- abled veteran, a hero from the Vietnam o’clock, we will begin consideration of conflict, who broke with extremists BRAND led the Pledge of Allegiance, as H.R. 6156, the Russia trade bill. We follows: and tea partiers and voted to ratify the hope we are able to complete action on treaty. I pledge allegiance to the Flag of the that matter today. United States of America, and to the Repub- The convention also has the strong lic for which it stands, one nation under God, f support from a number of other leading Republicans, including George H.W. indivisible, with liberty and justice for all. DISABILITIES TREATY Bush, the first President Bush. He, by f Mr. REID. Madam President, across the way, of course, was a World War II APPOINTMENT OF ACTING the country Americans are lamenting veteran and did heroic things during PRESIDENT PRO TEMPORE the lack of progress in negotiations to that war. avoid a massive tax increase on mid- The PRESIDING OFFICER. The It also has the support of former Sen- dle-class families, and I share that clerk will please read a communication ate Majority Leader Bob Dole, cer- frustration. But for insight into why to the Senate from the President pro tainly a patriot. Senator Dole, a dis- negotiations have been difficult, con- tempore (Mr. INOUYE). abled veteran from World War II, who sider yesterday’s failure of the disabil- The assistant legislative clerk read led the fight to pass the treaty, was ities convention at the hands of the tea the following letter: here yesterday urging Republican sup- party. This shouldn’t have been a bat- port. U.S. SENATE, tle, but extreme elements of the Re- Think about that. Robert Dole, who PRESIDENT PRO TEMPORE, Washington, DC, December 5, 2012. publican Party picked a fight when was grievously injured in World War II, To the Senate: there was nothing to fight about. Thir- spent more than 2 years in a hospital, Under the provisions of rule I, paragraph 3, ty-eight Republicans voted against the came to this Senate floor, and the first of the Standing Rules of the Senate, I hereby convention, including several who were speech he gave was on disabilities. We

∑ 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 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.000 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7406 CONGRESSIONAL RECORD — SENATE December 5, 2012 need to do something about it. He was control matters on the floor. No one needs to take place. There is a lot of here leading the fight to pass the trea- else does. You have the ability, and give and take that needs to take place. ty, urging Republicans to support it. you are the only one who has the abil- We know what the elements are. But A few Republicans greeted him as he ity, to put this on the floor for a vote. let us do step one, which is something was in his wheelchair here. They greet- He should do that. That would be the overwhelmingly we agree with. The ed this 89-year-old war hero—I repeat, American way. Senate has passed it on a bipartisan a patriot—who just last week was in f basis. There are enough votes in the Walter Reed Hospital. Then one by one House of Representatives. Let us get RESERVATION OF LEADER TIME all but a handful of them voted against that piece done and not hold middle- the treaty, ensuring its failure. But Mr. REID. Would the Chair announce class families hostage to the idea that their professed reasons for opposing it the business for the day? the wealthiest among us should get ad- had no basis in fact—none. The ACTING PRESIDENT pro tem- ditional tax cuts. Let us agree that 98 Most Republicans acknowledged pore. Under the previous order, the percent of families in America should that. Some used an excuse, well, it is a leadership time is reserved. be secure in knowing they are not lameduck, we shouldn’t be doing it in a f going to have $2,200 more taken out of lameduck. I mean, wow. MORNING BUSINESS their pockets next year. There is no justification for sending a Now, we have just a few days to get message that every individual around The ACTING PRESIDENT pro tem- this done. In fact, right now we have 27 the world who strives to lead a produc- pore. days until middle-class taxes go up. In tive life in spite of a disability does not Under the previous order, the Senate 27 days, we will see taxes go up for mid- deserve the same just treatment. There will be in a period of morning business dle-class families. So this needs to get is no justification for telling disabled for up to 4 hours with Senators per- done now. Americans, especially those who have mitted therein up to 10 minutes each, There are numerous House Members sacrificed their bodies for our freedom, with the majority controlling the first now agreeing with us—Republican our veterans, that they don’t deserve 30 minutes. House Members—and I commend them. the same protections abroad they do Mr. REID. Madam President, I sug- In addition to Representative COLE, here at home. Yet that is the message gest the absence of a quorum. Representative WALTER JONES from 38 of my Republican colleagues sent The ACTING PRESIDENT pro tem- North Carolina said yesterday that he yesterday. pore. The clerk will call the roll. would vote for the Senate’s middle- TAX INCREASES The assistant legislative clerk pro- class tax cut bill. Representative These are the same Republicans with ceeded to call the roll. STEVE LATOURETTE, Representative whom Democrats are supposed to reach Ms. STABENOW. Madam President, I CHARLES BASS, Representative MARY an agreement to protect middle-class ask unanimous consent that the order BONO MACK, Representative MIKE SIMP- families from a tax increase. It is dif- for the quorum call be rescinded. SON, and Representative ROBERT DOLD ficult to engage in rational negotia- The ACTING PRESIDENT pro tem- have all said the Senate plan is a re- tions when one side holds well-known pore. Without objection, it is so or- sponsible approach that protects mid- facts and proven truths in such low es- dered. dle-class families from a massive tax teem. Hopefully, compromise is not out The Senator from Michigan. hike. of reach, but as negotiations continue, f We now have a situation where the I hope my Republican colleagues will Democratic leader in the House is put- keep in mind the oft-repeated words of THE FISCAL CLIFF ting forward what is called a discharge Senator Daniel Patrick Moynihan who Ms. STABENOW. Madam President, I petition. As our distinguished Pre- said, You are entitled to your own rise today to once again speak about siding Officer knows and as I know, opinion, but you are not entitled to the fact that in July, July 25 of this having been House Members, if a ma- your own facts. year, the Senate passed a middle-class jority of the House signs a petition, I know how high the stakes are. The tax cut bill guaranteeing that the first days run short. There is still a quick, that can essentially force a vote even if $250,000 dollars of income any Amer- the Speaker and the Republican leader- easy way out of this. The House must ican has would be exempted from any take up the Senate-passed middle-class ship don’t want to bring it up. tax increase. We all know that the vast I am hopeful that 218 Members on tax cut. A few reasonable Republicans majority—in fact 98 percent—of Ameri- both sides of the aisle will sign this pe- who are left agree we need to give cer- cans, makes less than that amount of tainty to middle-class families now. tition and that we will be able to guar- money. We are talking about 98 percent Yesterday OLYMPIA SNOWE, a very antee before Christmas that middle- courageous legislator for more than of Americans receiving tax cuts under class families across this country are two decades, who is retiring, said Con- that proposal. not going to have to worry about gress should fight about tax rates for Back in July we passed this proposal, spending $2,200 more on taxes next the top 2 percent after we have reas- and it is now still waiting in the House year. We need to get this done, and I sured the middle class. Americans of Representatives. So far the House am hopeful that the House Members ‘‘should not even be questioning that leadership has refused to even let the will sign that discharge petition if the we will ultimately raise taxes on low- bill come up for a vote, even though we Speaker does not take this up. to middle-income people.’’ That is her all know that there is a majority of What does this $2,200 mean? It is the quote. Members in the House who would vote difference between paying the bills or People are questioning this. If House for this and guarantee that as we go not. It is the difference between get- Republican leaders allow a vote on our into Christmas, middle-class families ting ready for Christmas—buying the legislation, it will pass; every Demo- across America would know they would tree and the decorations and the pre- crat will vote for it. It will only take 26 have $2,200 in their pockets, more in sents. So many families these days are Republican votes. It is a huge body, 435 their pocket right now, next year, than back doing layaway, which, for me, Members. We only need 26 Republicans they will have if their tax cuts expire. when my kids were little and we were for this to pass. I know there are 26 Re- We have passed this bill, and we are trying to budget and figure out how to publicans who would vote for this. We urging the House of Representatives to do things, meant picking out some- have one conservative Republican serv- do the right thing and to pass this bill. thing back in September or in the suming in the House who has said more Even Republicans in the House say mer and putting it on layaway and than half would vote for it. I believe they support this effort. We all know hoping to pay for it so the kids would there are 26 reasonable Republicans that Representative TOM COLE from have the Christmas I wanted for them. willing to put their promise to serve Oklahoma said last week, ‘‘I think we Families are doing that today, budg- constituents ahead of their pledge to ought to take the 98 percent deal right eting every single dollar to make sure serve Grover Norquist. now.’’ It is a pretty good deal. they can provide the Christmas they So I say to my friend, JOHN BOEHNER, Let us start. We know we have a want for their children. As they are in the House of Representatives, you large deficit reduction effort that budgeting all that, they need to know

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.002 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7407 they do not have to budget a tax in- majority in the House of Representa- great country, the blessings of this crease starting in January, which is tives, on a bipartisan basis, believes country, and everybody ought to be what will happen if the House doesn’t middle-class taxpayers should get tax part of the solution. act within the next 27 days. cuts next year. The House needs to So I believe that was a very strong One constituent of mine indicated to bring it up and vote on it now so we get message. I believe it was a very strong me that $2,200 was 4 months of her gro- that off the table. That is step one. message to say people want us to work cery bill. That is a lot of money. We Then, of course, we have larger issues together. are talking about 4 months of her fam- on which we have to agree. We have to I also know, in looking at the pro- ily eating. We have also figured out sit down and come together on those posal the Speaker has given, it is a that $2,200 would buy 650 gallons of gas. issues. Last year we agreed on $1 tril- nonstarter, saying we are taking off For the average commuter, that is lion in spending reductions. This step the table any effort that would stop enough gas to get back and forth to gets middle-class taxpayers off the more tax cuts for the wealthiest among work every day for 3 years. That is a hook, being held as pawns, held hos- us, and instead what we want to focus lot of money—$2,200, 650 gallons of gas. tage to whether the wealthiest among on is closing loopholes and deductions, And $2,200 will buy families in Michi- us will get additional tax cuts next because that falls right back to the gan 550 gallons of milk for their fami- year. Let’s just say middle-class fami- middle class again—home mortgage de- lies. So we are talking about a signifi- lies get $2,200 next year, they get to duction, college deduction, the mort- cant amount of money for the average continue their tax cuts, and then we gage tax relief bill I have which makes middle-class family, those aspiring to will go on to the next step. sure that in a short sale or another sit- get into the middle class, and those It seems to me—and we certainly saw uation where a family is coming to struggling across the country. This is a this as we were doing the farm bill— some agreement with the bank on loan lot of money for the families we are you don’t have to agree on everything forgiveness, they do not pay taxes on talking about. to do something. You start with what that as income. So we have a whole The Republicans in the House can you agree on. Everybody says they range of what they call tax deductions stop this tax increase if they want to. agree middle-class families in this they can close that fall smack-dab on They have 27 days to do it, 27 days to country should get tax cuts next year the middle class, and that is a non- stop a tax increase on middle-class and beyond. Then let’s just do it. What starter. families, 27 days to stop an increase are we waiting for? Let’s do that, and In conclusion, let me say once again and make sure $2,200 more is not taken then we will look for the next set of that we have 27 days to stop a tax hike out of the pockets of families next issues we can agree on to solve the on middle-class families across Amer- year. large problems we have in terms of our ica—$2,200 that will hit people next Let me stress again as well that we fiscal situation and economic growth, year. It makes no sense. If they pass are talking about middle-class tax cuts by the way, because we will never get the Senate bill, they will be guaran- that would allow every American to out of debt with 12 million people out teeing that 98 percent of American peo- get a tax cut on their first $250,000 of of work. So we better continue to be fo- ple don’t have a tax hike. We need to income. For the majority of people—98 cused on jobs, which I know is a huge get it done, and I would urge in the percent of Americans—that is their in- focus for our caucus—making sure peo- strongest possible way that the Speak- come, or less. They do not make more ple can lift themselves out of poverty er bring this up right away and pass it. than $250,000 a year. But for everybody into the middle class and have the op- I thank the Chair. who does, it would continue to make portunity for good-paying jobs for The ACTING PRESIDENT pro tem- sure their taxes don’t go up. themselves and their families. pore. The Senator from Illinois. For those above that, we would say: So we have a lot of issues to talk Mr. DURBIN. Madam President, I You know, for the last decade you have about, but since everybody says they wish to thank the Senator from Michi- had extra tax cuts, and we are going to agree middle-class taxpayers should gan for her leadership on this issue—21 ask you now, in the face of the largest not get a $2,200 tax increase next year, days until Christmas, 27 days until deficits our country has ever seen, to why don’t we just do that? We ‘‘cliffmas.’’ That is the fiscal cliff—De- do your part, to share in solving the shouldn’t have to run the clock out and cember 31—and people are counting problem. get closer and closer to the holidays, down. Two-thirds of Americans are I know an awful lot of people who are closer and closer to Christmas, with watching this debate on Capitol Hill ready to say: Absolutely. I want to do families not knowing what they are because it affects every single family, my part. going to have to budget for next year. every individual. One has to think, That is what we are talking about— Let’s just do it and let families know could Congress possibly step back and those wealthiest few being at the table we can actually work together and get let taxes go up on working families? to do their part so we can solve the big- things done because that is really what What are they thinking? gest deficit crisis we have had as a people are asking us to do. We know what working families are country. I believe that is the message of this dealing with. Many working families So we are talking about every Amer- past election, that people want us to across America struggle paycheck to ican earning $250,000 or less or earning sit down and be reasonable and work paycheck. The Pugh Institute did a an income of $250,000 or less being ex- together. They also sent a message study last year and asked working fam- empt from tax increases, and that cov- through the reelection of our Presi- ilies how many could come up with ers, as I said, 98 percent of Americans. dent, who campaigned saying the $2,000 in 30 days for an emergency ex- There is agreement on both sides of wealthiest among us should be part of penditure. It is easy to imagine one—a the aisle. I congratulate and appreciate solving the problem and can afford to car repair, a quick trip to the hospital very much Senator SNOWE’s comments pay a little more to make sure we are emergency room costing $2,000. Only in which she indicated we should just not asking middle-class families to half of working families could come up get this done. She said Americans bear the entire burden of resolving the with $2,000 in 30 days. That shows how should not even be questioning that we deficit in our country. The President close to the edge many people live. And will ultimately raise taxes on low- to won. The public said: Yes, that makes now we have before us the possibility middle-income people. We should take common sense. Everybody ought to be that these very same families strug- it off the table while grappling with participating, not just middle-class gling with these issues are in fact tax cuts for the wealthy. families or senior citizens, who have going to see their taxes go up on De- I couldn’t agree more. We are going been hit the hardest in the recession. cember 31. to miss Senator SNOWE in the Senate. With everything that has happened in There is one person who will decide She, as usual, is right on the money in the last decade, they have been hit the that: Speaker JOHN BOEHNER, the Re- terms of the common sense of this situ- hardest or carried the brunt of it. publican Speaker of the House of Rep- ation. We are simply saying: You know resentatives. Now, why am I putting In July the Senate passed a middle- what. Everybody ought to be in this. all this on poor JOHN BOEHNER, a Con- class tax cut. I believe we now have a As Americans, we all benefit from this gressman from Ohio, from a working

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.003 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7408 CONGRESSIONAL RECORD — SENATE December 5, 2012 family himself? Well, because it is it is a hard political choice for JOHN There was one real champion for this, within his power to call before the BOEHNER. He has to decide what is and he came to the Senate floor yester- House of Representatives a measure more important, the survival of his day. It was good to see him again— that passed the Senate last July. We speakership or the survival of this Na- what an outstanding man and indi- passed on a bipartisan vote a measure tion. That is a pretty stark choice but vidual—Senator Robert Dole. We have to protect all families making less not a hard choice for a real leader. had our differences politically, but I than $250,000 a year from any income I will say this to Speaker BOEHNER: If am an admirer of Robert Dole and what tax increase on December 31. We sent it you step up and do the right thing for he has given to America. over to the House of Representatives in the working families across America, if A disabled veteran from World War July. Speaker BOEHNER has refused to you step up and do the right thing for II, he came back having been shattered call up this measure that would protect this country, Democrats will stand by that war and built a life of public working families. As a result, if he does with you on a bipartisan basis to make service that he gave to the people of nothing, their tax bill will go up $2,200 it happen. That is the only way we are Kansas and here in the Senate Cham- next year. How do you explain that? It ever going to achieve the right result ber. He and his wife, former Senator is not only unfair to those families who in this debate over the fiscal cliff. Liddy Dole, came to the floor of the are working and struggling, it is really So we call on Speaker BOEHNER: Be- Senate before the vote. They were just not good for this country. All of us fore you go home to relax in Ohio for over here in the well. I looked at him know the issue of income inequality. Christmas, let families across America and I thought: We have to do this for How many working families are falling relax knowing that they are not going Bob Dole. This man speaks for disabled further and further behind every single to see their income tax rates go up on veterans and the disabled community. year despite their best efforts, despite January 1. This is worth $2,200 to the He was with Senator TOM HARKIN, one their hard work? We also know that average family in my home State of Il- of the lead persons when it came to many families are looking ahead and linois. And I say to the Speaker, it is passing the Americans with Disabil- wondering how in the world they are worth that to families across the ities Act 22 years ago. going to pay for a college education for United States. For the good of this Na- It was a solemn moment in the Sen- their kids or maybe even stay in their tion, for the good of the economy, for ate, with Senator Dole sitting right homes. the good of these working families, for there in the well begging his colleagues Those are life-and-death, day-to-day, goodness’ sake, pass this measure, this to pass this disabilities convention, paycheck-to-paycheck decisions fami- bipartisan measure that passed the maybe his last lobbying effort that he lies face. And let me be even more spe- Senate last July. Get this part done. would undertake. It meant so much to cific. The failure of Speaker JOHN We can debate the rest, but give peace the Dole family and to Robert Dole, BOEHNER to call this bill for a vote in of mind to these working families and and he came to the floor and we called the House of Representatives before middle-income families so that tomor- the measure. Those who witnessed it December 31 endangers our economy. row they are not going to see their in- will remember that most Members That is right. The failure to pass this come taxes go up. came and sat in their chairs to cast a bill in the House of Representatives be- DISABILITIES CONVENTION vote, which is rare here, and it tells the fore December 31 will endanger our Madam President, it was a dis- story that this was more than just an economy. Why? Because we are in the appointing day yesterday when the ordinary routine vote. midst of recovery from a recession. Senate failed by five votes to pass the We listened as the rollcall was made, People are getting their jobs back. convention on disabilities. It is a meas- and we watched the Senators stand and Businesses are getting a little stronger. ure I worked on with former California vote. Then toward the end, I turned to But if Speaker BOEHNER refuses to call Congressman Tony Coelho, who has TOM HARKIN sitting over here and said: this bipartisan measure that passed the been an outstanding advocate for the We don’t have it. We missed it. Senate and we see a downturn in con- disabled in America throughout his ca- We did. We failed to ratify this by sumer confidence because people think reer in the Congress and Senate. But it five votes. We had 61 votes, and we their taxes are going up, if we see a was also an effort for one particular needed 66, because Senator KIRK is ab- downturn in consumer purchasing be- friend in Illinois, Marca Bristo. sent because of illness. Sixty-six votes cause people aren’t sure about that Marca is an exceptional person, con- were needed to pass this. next paycheck, then we are going to fined to a wheelchair, but one would There were only eight Republicans see a stall in this economy. It will be never know it. This woman is every- who would stand with all of the Demo- Speaker BOEHNER’s stall, and it is not where, all the time, working night and crats to pass this convention on dis- something he should take lightly. day to help the disabled in my State abilities. Senator JOHN MCCAIN led This is a delicate recovery moving in and around the Nation. She came to me that effort—JOHN MCCAIN, a person the right direction, but if it is going to as well and said: Can you help pass this who knows the cost of war and the gain strength there has to be some cer- convention on disabilities? price that is paid and who showed ex- tainty, and it should start with the I said: It is going to be hard because traordinary political courage. Senator passage of this measure. a lot of Members just don’t want to JOHN KERRY also joined him, another The House Republican leadership is take up a measure and consider some- Vietnam war veteran who stood up for bargaining with the President now. thing like this. these disabled veterans, for their con- The President said the wealthiest She said: We will put together a flict and World War II and Korea and so among us who have realized the Amer- strong group supporting it. many others. ican dream should be willing to pay a When it was all over, virtually every What a disappointment. What a dis- little bit more so others get a chance veterans organization in America sup- appointment that the Senate, which on at the American dream. That is not un- ported this convention on disabilities. a bipartisan basis passed the Ameri- fair. I think many of us who came from In addition, every disabilities group cans with Disabilities Act with more working families and have done well also endorsed it—the chamber of com- than 90 votes 22 years ago, couldn’t with our lives believe, yes; we owe it to merce and so many others—because 125 even ratify this treaty which would not our kids and we owe it to the next gen- nations have already ratified this con- change a single law in America, which eration to give them a fighting chance. vention on disabilities. would not infringe on our freedoms in If that is going to happen, then Speak- What is it? It is a treaty that was any way—that we couldn’t pass that on er BOEHNER and the House Republican drawn up by President George Herbert the Senate floor. What a sad testament leadership have to take this very seri- Walker Bush and signed by him but to what has happened to the Senate in ously very quickly. needs to be ratified by the Senate, and the last two decades that a man like I understand the pressure the Speak- we failed to do it. Years and years have Bob Dole would witness this. I am sure er is under, and I guess my colleague, passed since President Bush, and we it broke his heart. It broke mine too. Senator MCCASKILL of Missouri, said it haven’t taken it up. One hundred twen- I went out afterwards and saw the very concisely and effectively last Sun- ty-five nations took it up and passed it disabled gathered in the lobby out day on one of the talk shows. She said but not the United States. here. Many of them were crying. They

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.004 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7409 couldn’t believe it. At a time in Amer- increased spending. To cap it off, they Well, I hate to tell you, there will be ica when we are giving the disabled have thrown in a fresh demand that no advantage to that. Leading Demo- chances they have never had, opportu- would eliminate any limit on the Fed- crats have expressed on several occa- nities they have deserved for decades eral debt. sions their openness toward going over and generations, that we would turn The proposal outlined by Treasury the cliff. The question is, Why? Why down this convention on disabilities Secretary Geithner last week shows would the President do this? Why here—it was a sad moment in the his- that, if given a chance, Democrats will would Democrats jeopardize the liveli- tory of the Senate that only eight Re- never use new taxes to reduce the def- hoods of hundreds of thousands of publicans would join every Democratic icit. They will instead use it to pay for American workers and the economic Senator in voting for the ratification larger government, more public work- security of their families? Why are of this treaty on disabilities. ers, and more government waste. they putting raising tax rates on a few Some of these colleagues may have We need to have a serious conversa- ahead of the well-being of all? another chance. Maybe next year we tion about our Federal debt, which is Republicans are working to avoid will have another go at it. I certainly now over $16.3 trillion and going up this outcome. We want to avoid raising hope Senator Dole will be here to join every day. How do we get that number tax rates because we know once they us and see that happy day. But yester- under control? The President and his are raised they will stay there or there day was a sad day for the Senate and a Democratic friends have suggested for will be another demand next year to sad day for our Nation. years that they can do it on the rev- raise them higher. We have a good ar- We owe a debt of gratitude to the dis- enue side specifically by taxing the gument for that. We believe it hurts abled who work so hard, to the disabled wealthy. Yet the new taxes on the rich the economy by harming incentives to veterans who testified and worked so promised by the President during the work, save, and invest. hard for the passage of this treaty, and campaign would reduce the next 10 Republicans have expressed some we owe it to them and the disabled years’ of deficits by only 8 percent, as- willingness to work with the President around the world to give them a suming they didn’t do any more spend- to raise revenue without raising tax chance—a chance for an opportunity ing. rates, but the President refuses to which has become the law in America So where is the rest of the money budge. After all, he argued during his and needs to be the law across this Na- going to come from? We need to have a reelection that the deficit reduction tion. Whatever the petty political serious conversation about spending, math does not work otherwise. squabbles were that led to this vote but so far the President, congressional This leads me to my second guidepost Democrats, and the liberal interest yesterday, we need to put them behind in this debate. It is the President’s groups who support them have refused math that does not work, and his math us. It is important for us in the 21st to engage. is off in a multiplicity of ways. Let’s century to speak as one on a bipartisan All I can say is that Republicans are start at the beginning. Last year’s def- basis for the disabled. here, and we are ready to talk. We are Madam President, I yield the floor. icit was $1.3 trillion. Next year’s deficit ready to reach a balanced resolution The ACTING PRESIDENT pro tem- is likely to exceed $1 trillion for a fifth that would spare the American people pore. The Senator from Utah. year in a row. from the consequences of going over Mr. HATCH. Madam President, in So what would the President’s tax the fiscal cliff. hikes proposal raise in terms of rev- less than 1 month American taxpayers I have only been here 36 years, but I enue? What would it have done to last face the greatest tax increase in our have seen every President willing to year’s $1.3 trillion deficit, and what Nation’s history. meet on a regular basis at budget Two years ago the President and the would it do to reduce our debt over the crunch time with people on both sides long term? If all of the 2001 and 2003 tax Senate Democrats opted to postpone of the table over and over and over relief were to expire, it would reduce these tax increases for 2 years. They until they gradually whittle it down to the deficit by $426 billion over 1 year. did so knowing that raising taxes in a where they can agree. I haven’t seen To put it another way, the full exten- weak economy is an unnecessary and that with President Obama. I have sion of the current bipartisan tax relief counterproductive jolt to the system. even heard Democrats complain that would cost $426 billion over 1 year. Forty Democrats supported doing that. he never talks to them. Now, that is a lot of revenue. But the Since then, however, the President We cannot do this kind of work with- President and congressional Demo- has been single-minded in arguing for out very strong Presidential effort. crats—or at least most of them—have tax increases on certain wealthy tax- That is what Presidents are for. And it no desire to see all of this tax relief ex- payers. He and his Democratic friends can’t just be laying down a gauntlet or pire. In fact, their plan, should we go promoted these tax hikes in the name saying: You can’t cross over that, over the cliff, is to reinstate almost all of a so-called balanced approach to def- drawing a line in the sand. You have of it. They say they only want to raise icit reduction. Now, with the country two programs now, and those two sides taxes on the rich. fast approaching the fiscal cliff, it is need to get together. That includes the So how much would it cost if we ex- time to pay the piper. But as the Presi- President and whatever Democrats he tended current tax relief for everyone dent issues ultimatums about what cares to put in the equation, and also but those making over $250,000, which kind of tax increases are necessary to Speaker BOEHNER, Leader MCCONNELL, some have said is the line for being avert the fiscal cliff, it is worth noting and others. rich? Assuming the estate tax stays that he has abandoned any pretense of As we attempt to reach a meaningful where it is—a fair assumption, given seeking a balanced approach to deficit resolution of this debate in the coming the level of support for that policy reduction. weeks, there are three guideposts that even among Senate Democrats—the Last week’s proposal from the White I will keep in sight. cost of extending all of the tax relief House amounts to little more than a First is the cliff itself. Going over it except for those individuals would be massive set of tax increases—by the would be the height of irresponsibility. $358 billion. And given that certain way, far in excess of the tax hikes he According to the Congressional Budget Senators from high-income blue States ran on or anything that Senate Demo- Office, going over the cliff will reduce are uncomfortable designating families crats would support, coupled with new GDP to a negative one-half of 1 percent making $250,000 a year as rich, it has spending. Even Democrats don’t sup- next year, throwing us back into a re- been suggested that the current tax report what he called for. And his recession and causing unemployment to lief might be extended for everyone but sponse to Speaker BOEHNER’s balanced surge to 9.1 percent or more. But it so-called millionaires. Warren Buffett plan is raise taxes today, and next year seems increasingly clear that the has said those earning $500,000 a year or we will come back and discuss raising President and Democrats in Congress more, but others have said million- taxes again. are content to go over the cliff regard- aires. And how much would that cost? The President’s commitment to a less of the outcome. I can’t believe that The 1-year cost of that tax relief would balanced approach to new tax revenue is so, but I have heard them say it. be $383 billion. and spending reforms has morphed They think they will have an advan- There are a few different ways we can postelection into new tax revenue and tage if we go over the cliff. look at these numbers. One way is to

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.005 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7410 CONGRESSIONAL RECORD — SENATE December 5, 2012 compare the cost of the Democrats’ tax and entertainment industry executives in 10 years it will be broke, unless we plan with that of the Republicans’. The to summer at Lake Como and winter at make the appropriate structural re- 1-year difference between the Repub- Saint Kitts is not on my list of prior- forms now. lican proposal of extending all tax re- ities. In fact, I believe when we do fi- The President continues to call for a lief and the Democrats’ proposal to nally engage in fundamental tax re- balanced approach to deficit reduction, raise taxes on the rich is, at most, $68 form it is worth our while to look at but in practice he is offering all tax in- billion and perhaps as low as $23 bil- how these superrich are sheltering creases and no spending discipline. He lion. With the deficit over $1 trillion, is their wealth from the full burden of in- has offered nothing meaningful on enti- the President willing to send us over come taxation while the middle class tlement reform. The proposal put for- the cliff for as little as $23 billion in continues to suffer on both the income ward last week by Secretary Geithner additional revenue? I cannot believe he tax and increasingly the alternative was embarrassing. is, but he is. minimum tax, which is going to hit I happen to like Secretary Geithner. Another way to look at the numbers about 28 million regular people who are I stood up for him under some trying is to compare the cost of the Demo- not millionaires on January 1, if we go circumstances on the Finance Com- crats’ actual plan with the President’s over the cliff. mittee before he was approved by the stated desire to raise revenue by $1.6 Still, I, along with most of my Re- Senate. I did it because I believe he is trillion. He cannot get that from just publican colleagues, continue to pro- a hard worker. I believe he is an intel- the rich. Even if he took every dollar mote the seamless extension of current ligent man, and I personally like him. every millionaire earns this next year, tax policy. That is because of the im- But, my gosh, if I were the Treasury he probably would have a little less pact of increasing marginal rates on Secretary and the President gave me than $900 billion. That may be high. small business owners and the con- that plan to go and show it to the lead- I look forward to some enterprising sequent impact on job creation and er of the House, the Speaker of the reporter getting to the bottom of this economic growth. We know it is going House, I would have said: No, Mr. one. The President says he wants to to hit approximately 1 million small President, you can’t do this. This is an raise taxes by $1.6 trillion and his business owners very hard; most of insult. If the President said you have Treasury Secretary suggests Demo- whom put their money back into the to do this for me, I would say I think crats are on board with this strategy. I business so they can grow it and hire it is better for me to resign at this do not believe that for 1 minute. I don’t more people. point. believe his program would pass the Republicans support low marginal It is embarrassing. I think Secretary Senate, and I don’t think many Demo- rates because we know that by raising Geithner knows it. If he does not, then crats would vote for it. I know at least rates we hamper the efforts of inves- he is not the man whom I have always 20 who will not. Yet the revenue gen- tors, small business owners and, most thought he was. That proposal did erated by the proposal supported by importantly, the American workers nothing to address spending, aside from real live Democrats seems to raise only they employ. Republicans are averse to wanting to increase it. But that is between $353 billion and $383 billion. rate hikes that would have a detri- where the Democrats are. Here is the question: Where is the mental impact on people’s livelihoods. I understand the Democrats’ predica- President going to come up with an- We are averse to rate hikes that would ment. Right after the election it ap- other $1.2 trillion or so in tax increases undermine the prospects of funda- peared the door was open. The Presi- that his fellow Democrats will support? mental tax reform that promotes fair- dent seemed willing to address tax rev- We have seen three budgets the Presi- ness and economic growth, and we are enue in a responsible manner, a man- dent has sent up, and they have not re- certainly averse to a discussion about ner respectful of the legitimate con- ceived one vote from either Repub- increased revenue in the absence of se- cerns of the House majority and the licans or Democrats—not one. Where is rious talk about spending reform— 62.6 million individuals who did not the President going to come up with something that is not, except in minus- vote for him. But within 1 week he was another $1.2 trillion or so in tax in- cule ways, in the President’s sugges- read the riot act by the unions and the creases and be able to get Democrats to tions. AARP, who will resist any meaningful support him? I do not mean supported We keep hearing Republicans are dug changes to the retirement spending by Democratic pundits; I mean sup- in on the issue of taxes and that their programs that are now bankrupting ported by the 20 Democratic Senators resistance to increased revenues has our country. who will be facing their constituents in been holding back the big balance deal Later this week I will outline a series 2014. The $1.6 trillion tax increase is set by the President. This has to be one of entitlement changes that could and lifted from the President’s own budget of the most misreported stories in my should be supported on a bipartisan that has been rejected on a bipartisan memory. Many Republicans have stat- basis. The President told the American vote—100 percent in both the House ed openness to increased revenues. people he wants a balanced approach. and the Senate—and that budget re- There is a difference between revenues My hope is the President comes for- ceived no votes at all, Democrat or Re- and tax rate increases that we Repub- ward on his own with his own details publican, in either the House or the licans continue to point out. But we on how he would fix the entitlement Senate. As I said, it is the President’s are only willing to be open to increased spending programs; I mean real details numbers, the numbers Secretary revenues as part of a balanced deal and on real proposals with real teeth, not Geithner sent here last week to pro- only if revenue increases are coupled the window dressing in the President’s mote that do not add up. with entitlement spending reform. budget that even the Democrats reject The President’s insistence on a $1.6 This brings me to my third guidepost and have rejected in the past. trillion tax hike that is neither sup- for this debate. The President has The President has demanded a bal- ported by the American people nor shown a real stubbornness toward any anced approach. It is what he promised even elected Democrats is not about reform of the spending programs that the American people and it is what we deficit reduction. The President and are the main drivers of our deficit and Republicans are prepared to give him. congressional Democrats think they debt. We hear constantly about the in- If the President wants to avoid going can bludgeon Republicans as an out-of- transigence of Republicans with their over the fiscal cliff, he can steer us touch party of the rich because we sup- antitax rate increase views. Yet we do away from it. The special interests and port tax relief for everybody. not see the same front page stories doc- his liberal base will no doubt cry foul, Let me say a few words in our de- umenting the over-my-dead-body re- but they will follow him if he will lead, fense. First off, and I want to say this sistance of Richard Trumka, the head and I don’t see the leadership, between loudly and clearly: I could not care less of the AFL/CIO, and the head of the you and me. about the financial well-being of the AARP toward entitlement spending re- Not to put too fine a point on it, but Nation’s rich. Whether Warren Buffett form which everybody knows we have if we go over the cliff, it will be be- is able to maintain his corporate jet is to do if we are going to keep Medicare cause the President wanted it to hap- no concern of mine, although he is a going. I don’t think there is anyone in pen and he thinks he will get political friend. The continued ability of actors this body who doesn’t know that with- points for doing it. With the Main

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.007 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7411 Street media, it is likely they will ig- the filibuster. This message has been accuse Republicans of filibustering nore the actual facts. Even though the repeated ad nauseam by Democrats in when he is the one who made the clo- President will never again run for any the hope it will sink into the public’s ture motion? This is a key point. When public office, he will have put cheap po- consciousness by rote. In fact, the the Democrats talk about Republicans litical points ahead of a reasonable story goes that Republicans have so launching a filibuster, it is important deal he claims to support. abused the filibuster, the Democrats to note it is the Senate majority leader This is deeply cynical, and the Presi- have no choice but to take it away, who almost exclusively makes the mo- dent should understand that when the even if it means violating the Senate tion to invoke cloture. I understand it history of this episode is written, he rules in order to change the rules. Can takes a petition of 16, but not very will be portrayed not as a strong leader you imagine a political party saying it many Senators I know ever initiate but one who wilted in the face of our is OK to ignore the rules or to change such a petition unless the Republican generation’s greatest challenge, caving the rules? leader, when we are in the majority, or in to the special interests over the In order to discuss this topic, it is the Democratic leader, when they are well-being of the country. When he very important to establish what we in the majority, provoked that. This faced the choice of tough statesman- mean by the word ‘‘filibuster’’ and how means the number the majority leader ship or easy accolades from his house it fits into how the Senate operates is so fond of quoting as a number of so- cable news network and a dead-ender today and has operated historically. I called Republican filibusters is the base, he chose the latter. hope everyone will bear with me as we number of times he has attempted to I think it is time for the President to try to understand this because I ulti- shut down debate and block further start leading and to put away his cam- mately want to get down to how the amendments from being considered. paign talking points and talk to us proposed changes to the Senate rules Again, we are talking about a process rather than talking from a toy factory threaten the very principle underlying launched by the majority leader in- and trying to make his points. He our system of government, particularly tended to shut off debate and amend- needs to put away his campaign talk- the checks and balances within our ments, not some process initiated by ing points, and he needs to engage in system of government. Republicans. finding a balanced solution to our debt First, I have a legitimate question: If every time the majority leader crisis. He needs to lead the country, What is a filibuster? We talk about it made the motion to close debate we and he needs to protect American so much that we would think it re- had been considering a bill for days or small business, their workers, and ferred to a very specific activity that is weeks with dozens of amendments and their children from an increasingly easily understood by everyone. It can no end in sight, then there is a legit- dim fiscal future. actually refer to different types of ac- imacy to such a decision by the major- I am concerned about it. As I study tivities. Of course, this leads to confu- ity leader in the petition for cloture. it, the difference between the Presi- sion, and that confusion is reflected in He might then have a point. However, dent’s plan and what Senator MCCON- some of the speeches from colleagues the recent history of the Senate clo- NELL and I have suggested, putting it on the other side of the aisle, inten- ture votes tells an entirely different over for 1 year and giving us 1 year to tionally or not. story. dedicate that to tax reform, the dif- When most Americans think of a fili- The majority leader has filed a mo- ference is about $23 billion. At the buster, they probably think of Jimmy tion to cut off debate in the same day most, it is $68 billion. We are going to Stewart in the classic film ‘‘Mr. SMITH a bill has been taken up over 220 times go to the cliff, $23 billion? We would Goes to Washington,’’ standing and since he became majority leader. How have to be nuts, even if our illustrious talking without stopping for an ex- can this be justified, considering the media will cover it up. tended period of time to delay pro- history of the Senate and given that it I yield the floor. ceedings and to take a lot of theater is a deliberative body? He certainly The PRESIDING OFFICER (Ms. KLO- just to make a point. This is the classic cannot claim Republicans are delaying BUCHAR). The Senator from Iowa is rec- understanding of a filibuster. Unless all action with excessive debate when he ognized. Senators have agreed to waive Senate moves to cut off debate before that de- f rules, it is a fact that a Senator who bate has ever begun. As I said, by forc- has been recognized to speak may re- ing a final vote, a cloture motion also RULES OF THE SENATE tain the floor as long as he continues ultimately cuts off the amendments. Mr. GRASSLEY. Madam President, to speak. This is the basis in the Sen- The right of a Senator to offer an there has been a lot of discussion lately ate rules for a classic filibuster, but amendment for consideration has been about how the Senate is not working this is not the rule some Democrats enshrined in the Senate rules from the properly. This is evident to even a cas- want to change. very beginning. It is true that about ual observer. On the other hand, to un- When the Members of the majority half the cloture votes I cited were on derstand how the Senate was intended party complain about how many fili- the motion to proceed to consider a bill to work and what has gone wrong re- busters the Republicans have engaged which is before the stage where amend- quires some knowledge of the history in, they actually mean how many ments can be offered. I will say more and the rules of the Senate. I would put times the Senate has voted on a moon that point later. However, the ma- more emphasis upon the history than tion to bring debate to a close, and jority leader has moved to cut off de- the present rules of the Senate, par- that motion is called the cloture mo- bate on amendments on a measure ticularly the history and purpose of the tion. When debate comes to an end, it other than the motion to proceed over Senate expressed in the Federalist Pa- also means no more opportunities for 100 times. In my judgment, he can pers by the people who were advising amendments. If Republicans don’t hardly claim Republicans forced his the States at that point, the colonies, agree to end debate and force a final hand by offering too many amend- to approve the Constitution. vote when the majority leader decides ments when few, if any, amendments To many people, this subject, no we should end debate and vote, he calls have even been considered when he at- doubt, seems arcane and confusing. The that a filibuster. In fact, even when tempts to cut off amendments. simplistic explanation we get from the every single Republican votes in favor What is more, the majority leader other side of the aisle—and it is a of ending debate, he still calls it a fili- has consistently used the tactic called steady drumbeat—is that Republicans buster. It ends up in those statistics filling the tree, where he offers blocker are filibustering everything just willy- that add up to numbers that are not amendments that block any other Sen- nilly; thereby, grinding the Senate to a very intellectually honest. Think of ator from offering their own amend- halt. Republicans voting in favor of ending ments unless the majority leader or Various vague and nefarious motiva- debate and it is still called a filibuster. somebody speaking for him agrees to tions are suggested as to why Repub- We just voted a day or two ago, 93 to set aside a blocker amendment so the licans would do such a thing, but the 0, to end debate on the Defense author- other Senator can offer an amendment. point they want Americans to take ization bill. Is he still going to call This way he is able to get in line first away is that Republicans are abusing that a filibuster as well? How can he to put his blocker amendments in place

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.009 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7412 CONGRESSIONAL RECORD — SENATE December 5, 2012 because of a tradition that the major- is already contrary to the letter of the on television. When a committee proc- ity leader has priority to be recognized Senate rules. ess is working and the Democrats and by the Presiding Officer. This doesn’t Again, there is no doubt that the Republicans are working together to happen to appear anyplace in the rules. Senate is not functioning properly. get a bill and everything is going In fact, the rules make very clear that However, the complaints I hear from smoothly, no journalist is going to pay whatever Senator seeks recognition Iowans are not that the Senate is con- any attention to that. But that goes on first should be recognized and that any sidering too many amendments and in the committee process, and that Senator has a right to offer an amend- working too hard to make sure the leg- process can be dry and it can be tech- ment. This so-called filling the tree islation we pass is worded properly. In nical. Senators of both parties sitting tactic was relatively rare before Sen- fact, I hear quite the opposite. A great around a table discussing where to ator REID became majority leader, but many Iowans have told me they are not place a comma doesn’t make the he has made it routine. happy with legislation being rammed breaking-news alerts. Nevertheless, the Technically, some germane amend- through the Congress without their committees are where much of the ments can be considered during a short elected representatives even having an hard bipartisan work of the Senate is window after cloture has been invoked opportunity to read it. If Members of done. and before final vote. But by using the Congress don’t have a chance to read a In recent years the Democratic lead- blocker amendment tactic, along with bill, we can bet the American public ers prefer to write bills behind closed a motion to invoke cloture, the major- doesn’t have a chance to understand it. doors without Republican input. I sup- ity leader can block any Senator from I suppose that is fine if we believe we pose the health care reform bill is the offering any amendment while shutting should pass a bill first and let the best example of that, but there are oth- off debate. That means the Senate American people find out what is in it ers as well. They have then used a parliamentary trick to bring them right would take a final vote on a bill with- later, as Speaker PELOSI once famously to the Senate floor. I suppose I out a single amendment having been suggested about the health care reform shouldn’t use the words ‘‘parliamen- offered. bill. We have to pass it, she said, and The abuse of this tactic is at the then we will find out what is in it. And tary trick’’ because there is a rule XIV, but that bypasses the usual committee heart of the Senate’s current gridlock. then there is a rude awakening that process where we build consensus be- This is confirmed by a chart—and I now in this 2,700-page health care re- tween the political parties. If Repub- don’t have a copy of this chart with form bill, we are finding out there are licans are shut out of having any sig- me—published with a recent New York a lot of bad things in it, a lot of bad nificant input on the front end and are things that we warned the public about Times article. Here is what the caption blocked from having any amendments said: and warned the Democrats about as on the back end, is it any wonder we The use of filibusters has risen since the well. However, if one thinks, as I do, don’t vote for the majority leader’s 1970s, especially when Republicans have been that we should be listening to those motion to cut off debate? in the Senate minority. who elect us, one would have to con- Despite the bad blood caused by the That would tend to blame Repub- clude that a more deliberative process tactics I have described, I had hoped licans, but listen to the rest of this is needed, not less. and believed that after the 2010 elec- quote. The rules of the House allow for tions, things would be different. When But the most recent spike of Republican quick consideration of legislation, but Americans elected Republicans to a filibusters has coincided with the Democrats’ the Senate is supposed to be different sizeable majority in the House of Rep- unprecedented moves to limit amendments and historically has been different. resentatives—larger than any election on the Senate floor. When the majority leader says the Sen- since 1938—and at the same time en- This doesn’t even tell the whole story ate is not operating efficiently, he larged our representation in the Senate because much of the time the Senate means we are not approving the legis- to 47 Members, I thought the majority majority leader doesn’t have to actu- lation he wants on the timetable he de- party would recognize that they had to ally use his amendment-blocking tac- mands. The simple historical fact is work with Republicans. With 47 Mem- tics. He simply informs Republicans he the Senate is not designed for that bers, it was no longer possible under will block amendments or refuses to kind of efficiency. However, for a pe- the Senate rules for the majority party commit to allow Republican amend- riod after the 2008 elections, the Demo- to shut Republicans out of the legisla- ments before making the motion to crats had 60 Members in the Senate. tive process and still expect to ram consider a bill. In this all-too-common That is enough votes to shut off debate their agenda through. So I naturally scenario, the majority leader tells the and amendments without a single Re- assumed the Senate would resume its Republicans he intends to move to con- publican cooperating. Naturally, the usual tradition of bipartisan coopera- sider a bill and will immediately move majority party couldn’t resist the tion involving open debate and amend- to cut off debate on that motion. By temptation and shut Republican voices ments from both sides—in other words, the way, if we do vote to take up this out of every aspect of the legislative the way the Senate had historically bill, we will not be allowed to offer any process because they had the votes to functioned. amendments. So that kind of puts ev- do it. Not only did they use their The majority leader didn’t see it that erybody on this side of the aisle in a supermajority to prevent Republican way and continued to shut Republicans take-it-or-leave-it situation. Why on amendments on the floor of the Senate, out of the process. In fact, if he had al- Earth would Republicans take that but since they didn’t need Republican lowed an open debate and amendment deal and vote for cloture on proceeding votes to pass a bill, they cut us out of process on many of the bills he sought to a bill on which we are told we will the process of developing the legisla- to bring up, we could have gotten a lot be allowed no input, contrary to the tion. more accomplished than we have. One deliberative tradition of the Senate? In my experience as a former chair- week in June last year, we passed four Just to be clear, some Democrats man and now ranking member, some of controversial pieces of legislation be- have proposed eliminating the fili- the best examples of bipartisanship cause that process worked. It involved buster entirely. Others have proposals happen at the committee level. The Republicans seeking things. But most to limit it in various ways. Majority Senate committees are where Senators of the time that doesn’t happen. Sure, Leader REID wants to start by elimi- of both parties often work in a bipar- it would have taken more time under nating it on the motion to proceed. But tisan way to delve into the details of that amendment process and the delib- as we have seen, the real problem is the the legislation and iron out imperfec- erative process to consider each bill way Republicans have been blocked tions. This is how most bills are sup- than the majority leader might have from participating in the process. If we posed to be handled. preferred to be given to it. He and his are looking to reform how the Senate I often tell people who are cynical caucus might also have had to vote on operates, maybe we ought to start by about all the partisanship they see on Republican proposals instead of only considering doing away with the tradi- TV that there is a lot of bipartisan legislation of his choosing. But is there tion that the majority leader can block work that goes on that they never see anything wrong with a Republican of- amendments. That is something which because only controversial things get fering an amendment now and then,

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.011 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7413 even if that amendment loses? Some cerned about what he called factions licans would have virtually no ability Republican amendments might have gathering together to impose their will to have their views considered. embarrassed Democrats by forcing on others. So I wish to quote again This is a teeter-totter approach to them to vote on issues they would from Federalist No. 10. Before I start governing. This teeter-totter would not rather avoid. Is there anything wrong that quote, let me say for the benefit of lead to thoughtful legislation that pro- with voting on some tough issues from people that I think when he used the tects individual rights and balances the time to time? Some Republican amend- word ‘‘faction,’’ for the most part he views of all Americans. ments might have attracted enough was speaking about political parties. You will also note that Madison ref- Democratic votes to actually pass. Per- If a faction consists of less than a major- erences examples from proceedings haps that is exactly what the majority ity, relief is supplied by the Republican prin- within the United States at that par- leader might want to avoid. He seems ciple, which enables the majority to defeat ticular time. Many State legislatures to want total control over the agenda. its sinister views by regular vote. It may in the early days of our Republic were Majority Leader REID has said as much clog the administration, it may convulse the unicameral, with frequent elections in private. He told Senator MCCAIN society; but it will be unable to execute and and also with weak executives. This led flatout that ‘‘the amendment days are mask its violence under the forms of the Constitution. to many instances where a temporary over.’’ How can he say that? When a majority is included in a faction, majority faction would gain control There is a longstanding tradition the form of popular government, on the and quickly pass legislation that adhere in the Senate that all voices be other hand, enables it to sacrifice to its rul- vantaged the majority at the expense heard and that amendments get full ing passion or interest both the public good of the minority. hearing regardless of the party of the and the rights of other citizens. It is also the case that the Congress, sponsor. For example, tax and trade To secure the public good and private under the Articles of Confederation, policies aren’t exactly areas of natural rights against the dangers of such a faction, was unicameral, which caused a lot of agreement between the two parties. and at the same time preserve the spirit and instability as described, again, by Despite that fact, when I was chairman the form of popular government, is then the great object to which our inquiries are di- Madison in Federalist 62: of the Senate Finance Committee, I rected. Every new election in the States is found helped put together several bipartisan That was a long quote, so let me say to change one-half of the representatives. bills. I, a Republican, worked in part- From this change of men must proceed a that in other words, Madison is saying nership with Senator BAUCUS, a Demo- change of opinions; and from a change of that an important goal of the U.S. Con- crat, to produce bipartisan bills that opinions, a change of measures. stitution is to protect ‘‘the public good we could both live with. Even when we But a continual change even of good meas- and the private rights’’ from a tem- ures is inconsistent with every rule of pru- were starting with a bipartisan bill, porary majority trying to impose its dence and every prospect of success. Senator BAUCUS wanted to make sure will on the minority. This is evidenced The remark is verified in private life, and his fellow Democrats had a chance to throughout the Constitution. We call it becomes more just, as well as more impor- offer amendments, and I respected tant, in national transactions. checks and balances. We see it in the that, and if he were chairman, he separation of powers between the three The staggering of the terms of Sen- would have respected that for us Re- branches of government, and we see it ators was partly done to provide sta- publicans. It took a lot of time and ef- in our system of federalism dividing bility, preventing temporary majori- fort, but that is what we have to do in power between States and the Federal ties from acting hastily and trampling the Senate if we actually want to get Government. It also helps explain our on the rights of the minority. something done rather than simply bicameral legislative branch, and, of Only one-third of the Senators are up blame the other side if we fail. course, what I am talking about here is for reelection every 2 years, unlike the The Senate has been called the great- House of Representatives, where all est deliberative body in the world be- the unique structure of the Senate. In Federalist No. 62, also usually at- Members are up for reelection every 2 cause it was specifically designed to years. Because only one-third of the proceed at a measured pace and guar- tributed to the father of the Constitu- tion, James Madison, he explains: Senators are up for reelection at once, antee that the rights of the minority it is less likely that one party can The necessity of a Senate is not less indi- party are protected from what political sweep the election and gain control of philosophers called the ‘‘tyranny of the cated by the propensity of all single and numerous assemblies to yield to the impulse of the entire legislative branch of govern- majority.’’ sudden and violent passions, and to be se- ment in one election. Here we see how In 1788, the father of the Constitu- duced by factious leaders into intemperate the Senate was specifically designed to tion, James Madison, wrote in Fed- and pernicious resolutions. prevent the tyranny of the majority. eralist Paper No. 10: Examples of this subject might be cited In Federalist Paper 66, Madison, the Complaints are everywhere heard from our without number; and from proceedings with- father of the Constitution, continues most considerate and virtuous citizens, in the United States, as well as from the his- his explanation of the unique role of tory of other nations. equally the friends of public and private the Senate—the unique role of the Sen- faith and of public and personal liberty, that Madison wrote that in 1788, but it is ate— our governments are too unstable, that the still applicable in 2012. public good is disregarded in the conflicts of . . . there are particular moments in public rival parties, and that measures are too So kind of repeating, the purpose of affairs when the people, stimulated by some often decided not according to the rules of the Senate is to save us from ‘‘the im- irregular passion, or some illicit advantage, justice and the rights of the minor party, but pulse of sudden and violent passions, or misled by the artful misrepresentations of by the superior force of an interested and and to be seduced by factious leaders interested men, may call for measures which overbearing majority. into intemperate and pernicious resolu- they themselves will afterwards be the most In 1788 James Madison was warning tions.’’ ready to lament and condemn. There is a place for the passions of In these critical moments, how salutary us about the superior force of an over- will be the interference of some temperate bearing majority, the reason the Sen- the moment in any republican form of and respectable body of citizens, in order to ate was set up to make sure the over- government or any democratic society, check the misguided career, and to suspend bearing majority of the other body, and that place for the passions of the the blow meditated by the people against where the majority rules, didn’t do stu- moment to be reflected is in our House themselves, until reason, justice, and truth pid things. of Representatives. But imagine if our can regain their authority over the public Those arguing for abolishing the fili- only legislative body were the House of mind? buster sometimes talk about majority Representatives. Right now, that Now, I want you to contrast—with rule as though this is some funda- would mean Speaker BOEHNER would these quotes from Madison—the role mental principle. On the contrary, the control the entire legislative agenda, the father of our Constitution says the aim of our Constitution is to protect and the priorities of the House Repub- Senate is intended to play to the the individual rights of all Americans, licans would be the only legislation present debate going on in the Senate not the right of the majority to impose that would have a chance of passing. that the rules ought to be changed and its will on an unwilling minority. In Then, once the Democrats gained the majority leader’s vision for how a fact, James Madison was very con- control in some future election, Repub- newly altered Senate would operate.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.012 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7414 CONGRESSIONAL RECORD — SENATE December 5, 2012 One faction, the Democratic Party, never intended and best expressed by ward; that is what will happen if we do would be able to ram through massive James Madison. not get this farm bill done. pieces of legislation with little or no The proposed gutting of the Senate’s Livestock producers operate without input from duly elected Senators who historic rules and traditions threatens key disaster programs without this happen to be from another political to replace the principle of the rights of farm bill, and farmers and rural com- party. And what if Republicans are not the minority, so important to James munities are left guessing about what happy with being shut out of the legis- Madison and our other Founders, with rules they will operate under as they lative process at every stage? Well, the a new principle that the might of the plan next year’s crop. majority leader explained to one fresh- majority makes right. The fact that These are not small things. What man Republican Senator: ‘‘You can al- the majority leader is contemplating kind of crop insurance are they going ways vote against the bill.’’ doing so on a partisan basis by ignor- to be qualified for? Is there going to be Not only does this take-it-or-leave-it ing existing Senate rules is outrageous. some kind of safety net? They have ab- approach effectively disenfranchise all Can you imagine ignoring the rules to solutely no idea because we wait and those Americans who elected Senators change the rules? we wait and we wait for the House of from the minority party to represent I know this unprecedented power Representatives to act. They did pass a their views, it also leads to poorly grab makes even Democratic Senators farm bill through their committee. I thought out legislation. Since the pro- uneasy. Other Democrats who find this liked ours better, but they got it posed changes to the Senate rules proposal tempting and who have not through the committee. But guess would make the body more like the yet served in the minority will find what. They have not been able to bring House of Representatives, let’s take they have a rude awakening once they it to the floor for a vote, and our farm- another look at how that Chamber op- have to live under the new regime they ers and our ranchers and our people in erates. might help create. our rural communities wait, and they Although the House is designed to re- To all my colleagues who might be wait, and they wait. flect the will of the current majority, inclined to support this fundamental I believe there are good reasons we the trend toward the majority party transformation of the Senate, I will re- can finish the farm bill this year. shutting out the minority party in that peat once more Madison’s warning There is already a path forward to body has increased over time. Some about temporary majorities in the heat complete work on a farm bill and have people trace this trend to the last dec- of passion enacting legislation: ‘‘ . . . it signed by the President at the end of ade of the 19th century when the measures which they themselves will this year. The farm bill passed in the Senate, as we all know. It passed with Speaker of the House was a man named afterwards be the most ready to lament strong bipartisan support. It was ap- Thomas Brackett Reed. and condemn.’’ Then-Speaker Reed strengthened the I yield the floor. proved by a vote of 64 to 35. Thanks to power of the Speaker of the House of The ACTING PRESIDENT pro tem- Chairman STABENOW’s leadership and Representatives and sought to dimin- pore. The Senator from Minnesota. the leadership of Ranking Member ROBERTS, we were able to get this bill ish the rights of the minority party. He f through. We voted on nearly 80 amend- once used his position to unilaterally THE FARM BILL ments. We did our job in the Senate. change the interpretation of the The Senate farm bill saves money. It quorum rule to prevent Members of the Ms. KLOBUCHAR. Madam President, I am here today to talk about the need would reduce the deficit by $23 billion minority party from blocking a meas- over the next 10 years. That is a sav- ure by refusing to vote in a quorum for action on a 5-year farm bill for our farmers and our rural communities. ings over the last farm bill. The Senate call. This incident was called the ‘‘Bat- farm bill also makes major reforms, tle of the Reed Rules.’’ The Senator from Iowa, who just spoke, understands how important this such as eliminating direct payments Then-Speaker Reed famously said: and further focusing farm payments on farm bill is. I know the Acting Presi- ‘‘The best system is to have one party our family farmers. dent pro tempore, from the State of govern and the other party watch.’’ It extends disaster programs for live- This attitude earned that Speaker of New York, understands how important stock producers and it continues credit the House, whose name was Reed—they this farm bill is. provisions to help our farmers get This summer, farmers in the Corn called him Czar Reed. through tough times. It creates a pub- Do we really want another ‘‘Battle of Belt of our country waited, sometimes lic-private partnership to fund agricul- the Reed Rules’’ like we had over a in vain, for rain that could either make tural research to give farmers the tools century ago in the House of Represent- or break an entire year of work. Many they need to stay competitive and feed atives? Wouldn’t that be going back- of them lost their entire crop. a growing world. wards? This fall, sugar beet farmers along When Bill Gates comes and talks to Ironically, the House of Representa- the Red River Valley in Minnesota and me about the farm bill, you know this tives under Speaker BOEHNER has actu- North Dakota waited for dry weather farm bill is more than just about some ally allowed more opportunity for the because they needed that to pull out farmers in Minnesota. It is about feed- minority party to affect legislation the last of their crop. And right now, at ing our country, it is about feeding the than the current Senate majority lead- this very moment, farmers, ranchers, world, it is about the research we need er. Senate Minority Leader MCCONNELL and rural communities throughout the to do to make sure we have the most has cited data from the Congressional country continue to wait. But this efficient crops; that we are developing Research Service showing that the time they are not waiting for weather. crops and we are developing livestock Democrat minority party in the House They are not recovering from weather. and varieties of crops and farm prod- has had 214 occasions to affect legisla- They are waiting for a new farm bill. In ucts that can feed the world. tion this year compared to only 67 for fact, they have waited 167 days since This farm bill works to eliminate the Republican minority in the Senate. the Senate passed the bipartisan farm fraud and waste throughout the farm When the House of Representatives bill this June, and they have waited 66 bill to ensure these programs are effi- allows for more input from the minor- days since the 2008 farm bill expired in cient and targeted. Passing this farm ity party than the Senate, which is September. bill is important, and that is why 235 supposed to be the deliberative body, it Unlike the drought this summer and agriculture, conservation, research, seems to me something is very wrong. the hurricane that hit the State of the and energy organizations signed a let- It is true that the cloture rule and Acting President pro tempore this fall, ter this November to leadership in the the various different procedures that the failure to complete a farm bill is House urging that they pass a farm bill are called filibusters are not found in entirely preventable. Inaction in the before the end of the year. the Constitution. But changes to the House of Representatives is hurting Our farmers and agricultural commu- Senate rules that some in the Demo- farmers right now. Without a new farm nities understand that tough budgetary cratic caucus are proposing would fun- bill, dairy farmers have lost their safe- choices need to be made. That is why damentally transform the character of ty net. In fact, prices may go to the the Senate Agriculture Committee ac- the Senate in a way that the Founders 1939 levels. Talk about moving back- tually came forward and said: OK, we

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.014 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7415 are going to find a way to do this very the critical role farming plays in our order to reduce the deficit to a sustain- differently. We are going to eliminate country’s economy, there is no excuse able level, revenues have to go up. It is direct payments, and we are going to to further delay the consideration of a matter of arithmetic. So the question strengthen our crop insurance. We are the farm bill. Agriculture is a bright that presents itself to us is, where does going to still make sure we maintain spot in our economy. We cannot jeop- the revenue come from? I believe at the our nutrition programs—something for ardize the economic future of rural end of the day, the President’s plan to which the Acting President pro tem- America and of our entire country just continue to provide tax breaks for 98 pore fought so hard as a Senator from to score political points over in the percent of all Americans and let tax New York—and we also made sure House. rates for the wealthiest return to the there were incredibly strong conserva- I continue to believe that the care- Clinton-era levels is about as fair a tion programs in the bill, but we still fully crafted bill we did in the Senate proposal as is possible at the moment. found a way to cut $23 billion. finds a good balance between a number First, it recognizes that the middle I am also opposed to playing red of priorities. I urge the House of Rep- class should not be the one on the light-green light with agriculture pol- resentatives to complete work, to work chopping block where there are other icy which prevents our farmers and with the Senate, so we can make sure options. Second, it asks those making ranchers from making long-term cap- as we come to the year end we have a more than a quarter of a million dol- ital investments that help them re- major deal which we must have on the lars to return to the same top rates we main competitive in today’s market- fiscal cliff, that we also include the had for most of the 1990s. Third, it cuts place. farm bill, because with the farm bill we everyone’s taxes on the first quarter of Ms. KLOBUCHAR. It might be easy save $23 billion over what we have been a million dollars that you make. to forget as we sit in this Chamber all spending in the last few years. So let’s What is sometimes lost in this debate that goes into growing the most abun- get to work and get this done. is because of our progressive tax sys- dant, safest food supply in the world. I yield the floor and I suggest the ab- tem, there will be no changes to the But when I travel across our State, I sence of a quorum. tax rates on income up to $250,000. The am impressed by the work and plan- The ACTING PRESIDENT pro tem- benefits of those tax cuts which were ning that goes into making each farm pore. The clerk will call the roll. enacted in the early decades of the and ranch operate in the face of mar- The assistant legislative clerk pro- 2000s will still be there for 98 percent of ket failures, in the face of natural dis- ceeded to call the roll. Americans, and they will still be there asters, in the face of volatile weather. Mr. REED. Madam President, I ask for those paying additional revenue be- Well, guess what. This is the time when unanimous consent that the order for cause of the reversal of the top two that planning goes on. It goes on right the quorum call be rescinded. upper income tax rates. Yet our Repub- now. The ACTING PRESIDENT pro tem- lican colleagues in the House seem to Anyone who learned in kindergarten pore. Without objection, it is so or- have adopted a posture of obstruction about how we plant crops and how we dered. and holding the middle class hostage in get things done knows that the fall and THE FISCAL CLIFF order to preserve nearly $1 trillion in winter is the time when you plan Mr. REED. Madam President, we all tax cuts for the top 2 percent of Ameri- ahead, and then you plant your crops, recognize the country faces many chal- cans. If we do not extend these tax cuts then you move ahead, and then pretty lenges. Too many of our neighbors are for the middle class as the President soon you are harvesting them. Well, still looking for work, and too often has proposed, the typical Rhode Island they need to know what the rules of those with a job have not seen a raise family of four could see their taxes the game are to get this done. in quite some time. Indeed, for many raised by an average of $2,200 in the Each year family farmers make years people in Rhode Island and across year 2013. This would be a setback for tough decisions about which crops to the country have a growing sense that our very fragile economic recovery. It plant, what equipment to purchase, there is too much focus on the powerful is simply not fair to have these middle- and when to market their crops. Con- few and not on the average family income Rhode Islanders who are trying gress should be no less committed to playing by the rules. to make ends meet in this economy be completing work on the farm bill, A quality higher education seems further subject to a tax increase. which provides the safety net and cer- more unaffordable each year. Working I think I listen pretty well to my col- tainty for farmers, for ranchers, for men and women do not often feel the leagues on the other side of the aisle. It rural communities. The stakes are high government understands their strug- seems they agree that, yes, these taxes for Minnesota. Agriculture is our gles and the need to move the country should not go up on 98 percent of Amer- State’s leading export, accounting for forward. They also want us to begin to icans. Indeed, in July they dropped $75 billion in economic activity every balance the books, just as we did under their filibuster, enabling the Senate to year and supporting more than 300,000 President Clinton, with a sensible bal- pass the Middle Class Tax Cut Act. The jobs. anced approach, one that led to in- bill prevents taxes from going up on 98 Minnesota is No. 3 in the country for creasing wages across the board, in- percent of Americans and 97 percent of hogs and soybeans. It is also home to creasing productivity, increasing em- small businesses, and would cut the pork processors and biodiesel plants. ployment, and a budget surplus before deficit by nearly $1 trillion. Minnesota is No. 4 in corn, and it is George W. Bush’s policies took over. As I mentioned, if the House does not also home to 21 ethanol plants that Last year we took a step in balancing pass this bill, middle-class families will produce over 1 billion gallons of eth- the books. We cut $1 trillion of Federal see their taxes go up by an average of anol every single year. We are No. 1 for spending. We do not hear much about about $2,200. All the House has to do— sugar beets, we are No. 1 for sweet it, particularly from the other side of and they can do it very quickly under corn. the aisle. But what it means is that their procedures—is take up the Sen- But as we all know, this is not just every discretionary program will see ate-passed bill and pass it. We will put an issue in our State. Our Nation’s less funding for the next decade, which a significant downpayment on deficit farms and ranches are responsible for a will have a huge impact on my State reduction. We will provide certainty to $42 billion trade surplus. This is one of and every State in the country. 98 percent of Americans that their the jewels of our economy and our If we are going to cut spending on taxes will remain the same, and we can country. We actually are making education, research, and transpor- get onto other sensible appropriate re- things, producing things, and exporting tation to the tune of approximately $1 ductions and expenditures and move to the world. Why would we want to trillion, I think most Americans recog- the Nation forward. pull the rug from underneath one of nize that the other side of the equation It is heartening to hear some Repub- our most promising and successful ex- has to be considered. Revenue needs to licans in the House such as TOM COLE porting industries in this country? And be part of a balanced plan to reduce the of Oklahoma and MIKE SIMPSON of that is the business of farming. debt. The simple fact of the matter is Idaho talk about accepting this com- This is so promising. We are already that virtually every expert panel and monsense approach and locking in doing well. We can even do better. With commentator has said clearly that in these tax rates for middle-income

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.015 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7416 CONGRESSIONAL RECORD — SENATE December 5, 2012 Americans. Indeed, if the House, as I sense of the American people that we way for us to climb down from this fis- suggested, had an up-or-down vote on are effectively able to manage their af- cal cliff. The Senate already passed a the Senate bill, I would suspect there fairs, for the welfare not of the very bill that would extend tax cuts to 98 would be enough Republicans willing to few but for all Americans. percent of the American people and the join the House Democrats in passing a Republicans have also blocked the House will not take it up. This will tax cut for 98 percent of Americans and American Jobs Act. A plan that ana- mean, over 10 years, about $1 trillion in giving the business community the cer- lysts predicted would lead to the cre- savings, and it won’t hurt the million- tainty it needs. Unfortunately, we have ation of nearly 2 million jobs—and at a aires and billionaires. They have told yet to see an indication from Speaker time when those new jobs were and us that over and over. BOEHNER that he will let the Senate ap- still urgently needed. Now with the ac- This is when the Senate passed the proved middle-class tax cut legislation cumulation of all these different middle-class tax cuts, July 25, 2012. The have an up-or-down vote—despite the threats to our economy, all these dif- Republicans over in the House have fact that by passing this bill every ferent dramatic moments, we are look- been sitting on it. They didn’t do any- American, including the wealthiest, ing at automatic increases in taxes if thing in July, August, September, Oc- will get a tax break on the first quarter the Middle Class Tax Cut Act is not tober, November, and December. Here of a million dollars of income, and the adopted. Failure to pass the bill could we are 6 months later and they refuse Tax Code would become a bit fairer. severely impede or even reverse the to allow a vote on this for reasons that I am worried that there are too many economic recovery we have seen to go to their internal disputes. on the other side of the aisle who are date. And again, this economic recov- It is time for them to put country willing to let taxes increase on the ery is not as strong as we want to see over party. It is time for them to put middle class in order to stop the top it, but it is heading at least in a posi- country over their ideological battles. two marginal tax rates from returning tive direction. That was a mouthful. I am going to try to Clinton-era levels for the wealthiest We have to move forward decisively, it again. It is time for them to put 2 percent of Americans. That, to me, is with a balanced approach to ensure country over their ideological battles. unfair. Indeed, it is an uncalled-for im- that the vast majority of Americans do It is time for them to make a decision position on the vast majority of Ameri- not see their taxes go up. And that rev- that favors the American people. cans. enue is raised from those who are most I served in the House for 10 proud Republicans would jeopardize our able to afford it. years. It was wonderful, fascinating, economic recovery by creating uncer- The President has been very clear interesting. I served there when Tip tainty around letting these tax provi- that he will be strong in resisting over- O’Neill was the Speaker of the House. sions lapse for all Americans. It could tures to extend the tax benefits for the Tip O’Neill understood the magic of hamper demand, restrict commerce, wealthiest two percent of Americans. 218. and impede recovery at a time when The American people agree. They re- What do I mean by that? The magic our economy is making fragile gains. elected him and they consistently, in of 218 was finding 218 votes to get Indeed, it would be similar to what we just about every type of public survey, something done. Tip didn’t care if he are seeing in other parts of the world, support his proposal. got it from a liberal, from a conserv- where austerity measures in Europe Unfortunately, the Republican lead- ative, from a moderate, from an inde- have already caused many of their ership in the House of Representatives pendent, from a whacko. It didn’t mat- economies to slip back into recession. are out of step and out of tune with the ter. He didn’t care who you were, what We can’t do that. We have got to pro- American public. you were, if you thought you were vide both confidence and the resources Speaker BOEHNER has not proposed a great or bright or not. He had to put for consumers to go into the market- sensible, balanced approach that mixes together 218 for the good of the coun- place and continue to strengthen our revenues and expenditure reductions. try, and he did it when Ronald Reagan recovery. And I would hope to accel- Instead, he once again raises the spec- was President. He did it when there erate this recovery because we need tre of cuts to Medicare and Social Se- was a President who had different more demand, more jobs, more activ- curity benefits. That is not the ap- views from his own, and they worked ity, not less. proach we have to take. together for the good of the country. Unfortunately, the record of some of What we can do, what we should do, I look over at the House, and I don’t our colleagues on the other side has what we must do is simply ask the know what I see. There are a few brave suggested that when it comes to mak- House of Representatives to take up voices there speaking out and saying ing difficult decisions on behalf of the what we have already passed here in let us do this, let us extend the middle- majority of Americans they balk. I the Senate, the Middle Class Tax Cut class tax cuts. But let me tell you, we have seen in this Congress—the other Act, immediately. That would provide have 27 days left to do this before peo- side threaten a government shutdown the breakthrough we need to go for- ple start facing higher taxes. On aver- and the other side seriously consider ward, to continue to build on our eco- age, it is $2,200 a family, and that is a defaulting on the debts of the United nomic recovery, and continue to re- lot of money for a middle-class family. States. I have seen threats to end un- spond to the legitimate needs of men I want to be completely honest here employment insurance, which would and women all across this country. I and bring up an issue, which is that I harm our economy and tremendously hope House Republicans do that. I never voted for the Bush-era tax cuts— disadvantage so many Americans who know I will be here, along with my col- I was one of the few in the minority— are looking for work. I am hopeful the leagues, urging them to do that as because I worried that it would destroy House of Representatives can respond quickly as possible. our fiscal responsibility. I hate to say both thoughtfully and decisively by Madam President, I ask unanimous it now: I was right. I was right. passing the legislation the Senate has consent that the remaining time under There were surpluses that Bill Clin- already passed and continue the tax Democratic control be allocated as fol- ton left us. But because George W. cuts for middle-income Americans lows: Senator BOXER for 15 minutes, Bush went in front of the microphone while beginning to raise revenues from Senator CASEY for 10 minutes, and Sen- and said, I have political capital, I am those who are the wealthiest amongst ator SCHUMER for 5 minutes. going to cut everybody’s taxes, he then us. The ACTING PRESIDENT pro tem- put two wars on the credit card, and In the spring of 2011, we were faced pore. Without objection, it is so or- that was the end of surpluses. We went with the possibility of a government dered. into deficits, deficits as far as the eye shutdown. In the summer of that same Mr. REED. Madam President, I yield could see, deeper and deeper in debt. So year, we were faced with the issue of the floor. you might ask then, Senator BOXER, the debt ceiling and government de- The ACTING PRESIDENT pro tem- why are you now supporting those tax fault. All of these attempts to disrupt pore. The Senator from California. cuts being renewed for 98 percent of the and undercut the process of govern- Mrs. BOXER. Madam President, I people? The answer is it is a different ment had costs, real costs to our econ- think we are trying to make the case time and a different place. We are get- omy, real costs to our sense and the here today that there is a very easy ting out of a recession. We can make

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.022 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7417 up the monies we need to balance this When you tell your friends the Presi- of-pocket costs for those between 65 budget by going just to the top rate, dent wants to give a tax cut, tell them and 66 by $3.7 billion. It would increase going to the people over $250,000. also it is being held up by the Repub- costs to the States by $700 million, and Remember, this plan that we passed licans in Congress who are sitting on a millions—millions—would pay an aver- in July gives a tax break on the first bill that passed the Senate on July 25, age of $2,200 more for their health care. $250,000 of income, in essence giving ev- 2012, where 98 percent of the American I will use every tool at my disposal erybody a break on that first $250,000. people will get their tax break contin- to prevent the destruction of Medicare. It is only after that that the taxes go ued and only income over $250,000 will What kind of counterproposal is that? back to the Clinton era. Because this is be taxed at the same rate when Bill It takes my breath away the pain that a different time and place, I support Clinton was President. would be felt if this went through. I giving a tax break, continuing it, for 98 Let’s take a look back at those days. can’t help remembering—and I am sure percent, but asking the wealthiest to Were they harsh for people? No. We had the Chair remembers as well—the at- pay their fair share for the greatest more millionaires created, I remember tack leveled by Representative PAUL country on the face of this Earth. in those days, than we had in genera- RYAN, who was the Republican nomi- My father was born into dire poverty. tions. You know why? Because the nee for Vice President—he is chairman He was the only one of nine children middle class is strong—and President of the House Budget Committee— born in America. He was the only one Clinton invested in the middle class; he against President Obama for ‘‘cutting’’ of nine children to go to college at invested in our people—they get good $700 billion out of Medicare, when, in night in your great State, City College, jobs, they pay enough taxes, they go to fact, the President got savings from at night, while he supported a family the mall, they take a trip across the people who were cheaters—the pro- by day. He became a CPA. After he got country to see all the great landmarks, viders who were ripping off Medicare— his bachelor’s, he went at night to a and people across this country who and then put it back into Medicare and place called Brooklyn Law School, have businesses do well also. That is extended the life of the program by 8 where he got his law degree in 5 years. why we see so many businesspeople, in- years. I was about 10. This is America. He was cluding small businesspeople, standing These are the same people who ran able to do that. at President Obama’s side saying it is ads against Democrats—maybe they When he was a CPA, he would oversee good for business to give the middle did it to the Chair as well, I don’t everybody’s taxes in the family. I was class their tax breaks. know—all across the country saying a kid and I got my first job working for What are these Republicans thinking Democrats voted to cut Medicare. a long time when I was a telephone op- over there? If we are having an argu- These same people who were crying erator for Hilton Hotels one summer. I ment, and I tell you I will give you 98 these bitter tears are now suggesting will never forget it. I was not good at percent of what you want and you walk destroying Medicare as we know it. I it. I kept putting those wires into the away from me, I say you are unreason- can’t believe it. I truly can’t believe it. wrong places, but I managed to get able. Who gets 98 percent of what they I wonder whom they fight for? That is through. When I got my first paycheck, want? No one. In an argument, usually the basic question. Why are they here? I went to my dad, as I was earning min- we meet each other halfway—50–50. We Whom do they fight for? Do they fight imum wage—I think it was 75 cents an are giving the Republicans 98 percent for the middle class? I believe we do on hour, I don’t know. I know I am dating of what they want on the tax cuts, but our side of the aisle. I believe President myself here. It is okay. I said, ‘‘Dad, they are holding the 98 percent hostage Obama does. why is it I have to pay a whole bunch for their friends, the Koch brothers, I believe, if we look at the tax pack- of money somewhere else, to the gov- Sheldon Adelson—the billionaires. age that came over from Speaker ernment?’’ He said, ‘‘Well, we all, when That is wrong, and we had an election BOEHNER and all the cuts to Medicare— we earn money, pay taxes. If at the end about it. and by the way, the Presiding Officer is of the year we pay too much, we get a This is a country of, by, and for the a leader in protecting children—we will refund.’’ people, not of, by, and for the billion- see there are cuts to child nutrition in But he said, ‘‘Honey, I want to tell aires. I am going to say to my Repub- there, major cuts. I have to say: Why you something. You are so fortunate lican friends—and they are my friends; do they have to cut food to poor kids? and blessed to be a citizen of the I have served with them for a long Why do they have to kick people out of United States of America. I know peo- time, I have worked with them—what Medicare? Their answer is, if they were ple will laugh at you when you say are you thinking? What are you doing? honest, to protect the billionaires and this, but people who live here, who Let me talk about one of the things the millionaires. Because that is what work here and have the privilege of they offered in their package. This is it is about. We know it. It is a fact in that freedom and the privilege to grab outrageous. They want to raise the eli- evidence. the dream, they should kiss the ground gibility age of Medicare by 2 years. I I believe we owe more to the Amer- of this country every time they pay cannot tell you how many people come ican people. We need to find a way back taxes.’’ up to me—and it shocks me when I to the fiscal responsibility and the eco- I once said that on the campaign hear it—and say: I am praying for my nomic growth we had when Bill Clinton trail, and I got booed. They said, She is 65th birthday so I can get on Medicare was President. I have served with five telling us to kiss the ground of Amer- because I have no insurance. There is a Presidents already—it is amazing—in ica when we pay taxes? That was how huge number of people uninsured be- my time in this Congress, and I have my father felt. tween the ages of 55 and 65. So this is seen people come together in moments Clearly, he also believed in a progres- their Christmas present? This is the of crisis, such as when Social Security sive tax system. He was a smart man, happy holiday gift from Speaker BOEH- needed to be strengthened, when Medi- and he believed that those at the bot- NER? care needed to be strengthened, when tom end shouldn’t pay anything at all In the Speaker’s tax package, not we had deficits as far as the eye could and, as you go up, you pay a little only is he giving the tax break to the see and we had to resolve that. I have more. wealthiest, he is even cutting their seen all that happen. We have 27 days That is what President Obama ran taxes further but paying for it by rais- left to see something good happen on. We had a huge election for the Sen- ing the Medicare age. What does that about this fiscal cliff. ate where the Democrats picked up do? It is surprising just how bad it is. When people say, oh, it is very com- seats. A race for the Presidency that When we raise the age of Medicare plicated, don’t believe it. Don’t believe was supposed to be Governor Rom- from 65 to 67, ipso facto, 300,000 senior it. It is not complicated. There are sev- ney’s, according to his people, was citizens go uninsured. Merry Christmas eral parts to this fiscal cliff. The big- President Obama’s. This was mainly to all. It would increase the cost to gest one is the Bush-era tax cuts that because President Obama stood up for businesses by $4.5 billion because they are expiring on 100 percent of the peo- the middle class and said, When it have to keep people on their plans. ple, and if they expire, it means people comes to taxes, we all have to pay our Merry Christmas to you, too, will have to pay more in taxes at a fair share, no more, no less. businesspeople. It will increase the out- time when we don’t want them to have

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.023 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7418 CONGRESSIONAL RECORD — SENATE December 5, 2012 to struggle. We want them to have dis- So let’s do the right thing. We passed faster pace. As I mentioned before, I posable income because it is good for the right thing on July 25, 2012. We am introducing legislation today to their families, it is good for the econ- have 27 days left before taxes on the help middle-class families and to boost omy, it is good for business, and it is middle class go up. I know we have the hiring. The bill is called the Middle- good for economic growth. The Bush- wherewithal to do that. Class and Small Business Tax Cut Act, era tax cuts are expiring on December I yield the floor. and it would expand the payroll tax cut 31. Why don’t we find the common The PRESIDING OFFICER (Mr. from last year for 1 year and give em- ground, get rid of that issue, get those FRANKEN). The Senator from Pennsyl- ployers a tax credit for hiring. tax cuts to 98 percent of the middle vania. The payroll tax cut we put into place class who need them and fight about Mr. CASEY. Mr. President, I rise to last year had a number of benefits. I the millionaires and the billionaires talk about where we are with regard to won’t go through all those today, but later? They are OK. They are fine. the end of the year and especially the Joint Economic Committee—the We need to do that simple step. The where we are with regard to the focus committee of which I am the chair- House must pass the Senate’s bill we should bring to bear on middle-in- man—put out a fact sheet in the last 24 which we passed on July 25. We did it. come families. We have had a lot of dis- hours that highlights some of the bene- It is done. We don’t have to worry cussion in the last couple weeks, using fits of the payroll tax cut. I wish to about it. We did our job over here. We terms such as ‘‘fiscal cliff’’ and terms highlight a few of those. got the votes. So the House needs to that involve tax policy. All that is im- I ask unanimous consent to have portant to debate, but sometimes what pick it up and pass it over there. printed in the RECORD the Joint Eco- is lost in the midst of all that is what I understand that Democratic Leader nomic Committee fact sheet on the is happening to middle-income fami- PELOSI has done something very inter- payroll tax cut dated December 4, 2012. esting. She has taken this bill, the lies. The sense I have, in talking to a lot There being no objection, the mate- same exact bill, and put it at the desk rial was ordered to be printed in the in the House and started what they call of those families in Pennsylvania, is RECORD, as follows: a discharge petition. What that means they have been asking their represent- FACT SHEET: PAYROLL TAX CUT, JOINT ECO- is, since Speaker BOEHNER will not atives in Washington to do at least two NOMIC COMMITEE, UNITED STATES CONGRESS, bring up this bill, if 218 people sign the things: No. 1 is to try to work together SENATOR ROBERT P. CASEY, JR., CHAIRMAN, to get agreements, not just in the near discharge petition, there will be an im- DECEMBER 4, 2012 mediate vote on the floor. I wish to term but over a long period of time; and No. 2—and not in second place, be- THE PAYROLL TAX CUT SUPPORTED THE ECO- urge Republicans and Democrats and NOMIC RECOVERY, CREATED JOBS AND BOL- Independents over in the House to sign cause they are as fervent about this as STERED THE SOCIAL SECURITY TRUST FUND IN the discharge petition to have a vote. they are about No. 1—they ask me all 2012 We have a few days left until the end of the time to do something to create jobs Last winter, Congress took action to pre- the year—27—to get this done. at a faster pace, to put in place strate- vent a temporary two-percentage-point re- Then we can talk about the auto- gies that will lead to job creation that duction in payroll taxes from lapsing at the matic spending cuts, and there are is more accelerated. end of 2011, extending the tax cut through ways to stop those. People are upset The good news is we have had some the end of 2012. The payroll tax cut for 2012 about those. Personally, I think we progress. If we look at the numbers for increased take-home pay for over 120 million have to make spending cuts, but I August, September, and October, it is American households, providing tangible think we can soften the blow of those right around 511,000 jobs created. That benefits as the economy continued to recover spending cuts by bringing home the is good news and it is good progress. It from the Great Recession. The additional money from the wars in Iraq and Af- money in individuals’ pockets contributed to is a lot better than where we were in increased consumer spending in 2012, sup- ghanistan to this country. That would the spring. If memory serves me, in the porting economic recovery and job growth. soften the blow of those cuts. We also time period of April, May, and June, we Including October, the private sector has need to be making some more invest- had only created about 200,000. So this added jobs nationwide for 32 consecutive ments in infrastructure, which we des- 3-month period with more than half a months. Finally, the boost in employment perately need after superstorm Sandy million jobs created is progress. due to the payroll tax cut, coupled with hit New York, New Jersey, Con- But we have a long way to go, and we transfers from the General Fund, helped to necticut, Delaware, and Maryland. We need to move the job-creation pace or fortify the balance of the Social Security now see our infrastructure has to be the pace has to be accelerated. We have Trust Fund. what we call hardened, made stronger. in the midst of all that a good bit of Benefits of the Payroll Tax Cut in 2012 We can do that if we invest in our peo- uncertainty. Middle-income families 122 million households received additional ple. look at Washington and don’t see take-home pay. Cutting payroll taxes imme- The President has offered a very enough progress on jobs, they don’t see diately increased the income of everyone clear plan that is fair that takes us off folks coming together yet. I think we who received a paycheck. By the end of 2012, the fiscal cliff. We have 27 days to do will, but until they see that, until they the two-percentage-point payroll tax cut will give an additional $1,000 to the average the right thing. The Senate already have a sense there is something sub- American family. passed the tax cuts for 98 percent of the stantial that is decided that affects The payroll tax cut boosted consumer people. All we are asking is for the their lives, they are going to be very spending. Additional take-home pay allowed House to do that, to match us, and uncertain. I hear this from taxpayers. I working families to make purchases that then we can get back to the table and also hear a lot about uncertainty from supported economic growth and job creation. figure out a way to soften the blow of small business owners. In the third quarter of 2012, real consumer the automatic spending cuts. We can At the same time, the House has spending grew 2.0 percent at an annual rate, look at tax reform. something they can do about it right following gains of 2.4 percent and 1.5 percent Let me just say this about tax re- now. On July 24 we passed in the Sen- in the first and second quarters. form. When our colleagues complain Middle-class families are responsible for ate a tax cut for middle-income fami- the bulk of consumer spending. The most about tax rates and say: We would lies, meaning we would continue tax current data show that families making rather close loopholes, watch out. In rates for those families. That kind of under $150,000 are responsible for the vast order to raise the kind of funds needed certainty is badly needed right now. So majority (81.9%) of consumer spending. to lower this deficit, we would be look- one of the best things that could hap- Moreover, families earning less than $70,000 ing at the two of the biggest ‘‘deduc- pen right now is the House could vote per year are responsible for nearly half tions.’’ One is for your mortgage and and then the President would sign into (44.8%) of all consumer spending. one is for charitable contributions. I law legislation that would provide cer- The payroll tax cut targets those most would ask rhetorically: What billion- tainty for middle-income families—98 likely to spend it. Compared with reducing the tax rates of the highest income earners, aire do you know who has a mortgage? percent of American families and some cutting payroll taxes puts more money in I don’t, frankly, know any. They own 97 percent of small businesses. So it is the hands of middle- and lower-income work- their own homes. They are not hurt by time for the House to act. ing families. Over half of the benefits of the that. But who does get hurt? The mid- Secondly, we have to take steps to payroll tax cut went to households earning dle class. make sure we are creating jobs at a less than $100,000 annually, and 85 percent of

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.025 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7419 the benefits went to those making less than they have dollars to spend. The payroll It is clear that Speaker BOEHNER $200,000. tax cut puts $1,000 on average in the needed cover from his right flank be- Economic growth and job gains were pockets of most families in America. fore he could agree to any deal on taxes stronger in 2012 due to the payroll tax cut. The two-percentage-point payroll tax cut for Families making under $150,000 are re- with the President. The Speaker didn’t 2012 boosted economic growth nationally by sponsible for almost 82 percent of con- have it before, but he sure has it now. an estimated one-half of a percentage point sumer spending. So the reason we are When the Wall Street Journal editorial in 2012. The payroll tax cut also saved or cre- creating jobs with the payroll tax cut page says that decoupling would not go ated an estimated 400,000 jobs. or a tax credit—the idea I mentioned against conservatives’ antitax prin- The payroll tax cut bolstered the Social before—is because we are giving con- ciples, that gives a whole lot of cover Security Trust Fund. The annual OASDI Trustee’s report for 2012 confirms that the sumers, families, and small businesses to the Speaker. When Grover Norquist payroll tax cut has no negative effect on the the opportunity to create jobs because refuses to declare whether decoupling balance of the Social Security Trust Fund in of economic activity. would violate his group’s pledge, that, the short or long term. All reduced revenues I mentioned the job impact of the too, gives a whole lot of cover to the are recovered through transfers from the payroll tax cut. It created or saved Speaker. And when more and more Treasury General Fund. 400,000 jobs in the last year, and it rank-and-file Republicans come out Furthermore, the additional jobs generated didn’t in any way harm the Social Se- publicly every day in favor of passing by the payroll tax cut added to the Social curity trust fund. In fact, it enhanced Security Trust Fund’s balance. The JEC esti- the Senate bill, that, too, gives cover mates that the boost in employment driven our ability to have more payroll rev- to the Speaker. by the payroll tax cut contributed at least $1 enue over time because of that job cre- You really have to salute Congress- billion in additional Social Security tax ation. man TOM COLE. He was the first one on withholding and payments. This assumes a So I think we should do both—con- the other side to dare speak the truth majority of the jobs created or saved because tinue the payroll tax cut as well as about what should be done on taxes, of the payroll tax cut, as during the recovery have a tax credit for businesses so that and he has been on TV almost every more generally, were in occupations such as if they hire in year one versus a year day making the case to his party in food services, retail and employment serv- after the year the credit is in place, public. The day after Congressman ices. The additional Trust Fund revenue could be much larger—as much as $3 bil- that hiring can be given credit and COLE went public, he was dismissed as lion—if those jobs were in higher-wage indus- they can be incentivized to hire more. having a minority opinion. Well, that tries such as manufacturing or professional Tomorrow our Joint Economic Com- is not true anymore. His comments services, or if the number of additional jobs mittee will be engaged in a hearing on sparked a trend. In addition to those was greater than previously estimated. fiscal cliff issues. We will discuss strat- Republicans who have spoken out pub- egies to create jobs, and we will discuss licly, there are probably dozens of ESTIMATED BENEFITS OF THE PAYROLL TAX CUT IN 2012 the implications of the fiscal cliff and other TOM COLEs in the House who just FOR AMERICAN FAMILIES, BY STATE what will happen if we don’t get some don’t feel free to speak their mind but Median Household work done by the House to pass the agree with him privately. Wage and Salary Additional Take- middle-income tax cut that was passed Just this morning, in an appearance State Income (2011 In- Home Pay from flation-Adjusted 2% Payroll Tax here in a bipartisan fashion. So we on cable television, the junior Senator Dollars) Cut in 2012 have a lot of work to do, but I think from Oklahoma, an unquestioned con- one thing we have to make sure we do United States ...... $51,726 $1,035 servative, came out on higher tax rates Alabama ...... $45,821 $916 is to continue to focus on middle-in- on the wealthy. He said: Alaska ...... $66,185 $1,324 come families, their lives, their strug- Arizona ...... $47,348 $947 Personally, I know we have to raise rev- Arkansas ...... $40,729 $815 gles, and what we can do to make sure enue; I don’t really care which way we do it. California ...... $58,243 $1,165 they have more dollars in their pockets Actually, I would rather see the rates go up Colorado ...... $54,985 $1,100 Connecticut ...... $69,240 $1,385 to continue economic growth. than do it the other way, because it gives us Delaware ...... $58,040 $1,161 Mr. President, I yield the floor, and I greater chance to reform the tax code and District of Columbia ...... $71,277 $1,426 broaden the base in the future. Florida ...... $45,821 $916 suggest the absence of a quorum. Georgia ...... $48,061 $961 The PRESIDING OFFICER. The Well, if Senator COBURN does not pro- Hawaii ...... $61,094 $1,222 Idaho ...... $40,933 $819 clerk will call the roll. vide conservative cover, I don’t know Illinois ...... $56,003 $1,120 The assistant bill clerk proceeded to who does. Indiana ...... $48,061 $961 Iowa ...... $49,894 $998 call the roll. The House Republican leadership is Kansas ...... $48,875 $978 Mr. SCHUMER. Mr. President, I ask like generals hunkered away in a bunk- Kentucky ...... $44,802 $896 Louisiana ...... $45,821 $916 unanimous consent that the order for er who don’t realize their army has al- Maine ...... $45,821 $916 the quorum call be rescinded. ready laid down their arms. The Repub- Maryland ...... $71,277 $1,426 Massachusetts ...... $68,018 $1,360 The PRESIDING OFFICER. Without lican leaders are in search of an exit Michigan ...... $47,959 $959 objection, it is so ordered. strategy, while they have one in the Minnesota ...... $57,021 $1,140 Mississippi ...... $39,711 $794’ Mr. SCHUMER. Mr. President, I form of a discharge petition that has Missouri ...... $46,839 $937 would like to thank my great colleague been filed in the House. It is an out for Montana ...... $42,257 $845 Nebraska ...... $48,875 $978 from Pennsylvania. I enjoyed sharing a the Speaker. With the discharge peti- Nevada ...... $48,875 $978 table last night with him and his beau- tion, the Speaker doesn’t have to out- New Hampshire ...... $64,149 $1,283 New Jersey ...... $71,277 $1,426 tiful, charming, intelligent wife, whom right endorse the Senate bill; all he New Mexico ...... $42,766 $855 he would be the first to admit he is needs to do is tell his Members: Sign New York ...... $60,076 $1,202 North Carolina ...... $43,886 $878 lucky to have married, and their four your conscience. If you believe in the North Dakota ...... $47,348 $947 great girls. I also thank him for his ex- discharge petition, sign it, and there Ohio ...... $48,875 $978 Oklahoma ...... $43,784 $876 cellent on-target remarks. We have a will be no recrimination against you. Oregon ...... $46,635 $933 great chairman of the JEC, and every If Speaker BOEHNER does that, I am Pennsylvania ...... $52,948 $1,059 Rhode Island ...... $57,021 $1,140 time he comes to the floor it shows. confident the discharge petition will South Carolina ...... $42,766 $855 Senator OLYMPIA SNOWE, Bill Kristol get 218 signatures and then we will get South Dakota ...... $46,839 $937 of the Weekly Standard, Congressman Tennessee ...... $42,766 $855 218 votes on the floor. We may not get Texas ...... $50,199 $1,004 MIKE SIMPSON of Idaho, David Brooks, a majority of the majority, but we will Utah ...... $54,985 $1,100 Congresswoman BONO MACK, Congress- Vermont ...... $52,948 $1,059 definitely get 218 votes. So we may Virginia ...... $63,131 $1,263 man WALTER JONES, and the National never win over the PAUL RYANs in the Washington ...... $58,040 $1,161 Review, we are here to say that passing West Virginia ...... $42,766 $855 other Chamber, but they aren’t nec- Wisconsin ...... $50,912 $1,018 the Senate’s middle-class tax cut is the essary—they can vote no or they can Wyoming ...... $54,985 $1,100 right thing to do, but you don’t need to even vote present. Source: Joint Economic Committee Chairman’s staff calculations using take our word for it. Two thirds of the The PRESIDING OFFICER. The Sen- data from the 2011 American Community Survey micro data files. American public agrees with us, but ator’s time has expired. Mr. CASEY. Mr. President, just a you don’t need to take their word for it Mr. SCHUMER. I ask unanimous con- couple of points when you look at the either. Just listen to the voices within sent that I be given 1 additional economic impact on families when Speaker BOEHNER’s own party. minute.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.001 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7420 CONGRESSIONAL RECORD — SENATE December 5, 2012 The PRESIDING OFFICER. Without perform jobs where we have qualified The STEM Jobs Act would mitigate objection, it is so ordered. Americans waiting in line for these the problem with the diversity lottery Mr. SCHUMER. Put the bill on the jobs. The fact of the matter is, we do visa, which again does not distinguish floor, let rank-and-file Republicans not produce enough American-born between immigrants based upon the vote their conscience, and this bill can workers to fill the job vacancies in qualifications they have or their abil- pass. these fields. ity to create jobs or be entrepreneurs. In the New York Times today, it was Many of these potential job creators It would mitigate this problem by reported that senior aides on the Re- and entrepreneurs attend our colleges making our immigration system more publican side are considering just such and universities. You might even say economically sensible. It would estab- a strategy to give them a soft landing that the American taxpayer helps sub- lish new visa categories for 55,000 on this tax debate—agree to the Presi- sidize their education because many of STEM graduates of American research dent’s offer on the tax, the thinking them received world-class training at institutions and would eliminate the goes, and live to fight another day on our public and private colleges and uni- random diversity lottery visa to offset spending cuts. versities and then reluctantly return these new green cards. We agree that a tax hike on middle- home to pursue their careers because Our competitors abroad are observing class Americans should be taken off they cannot get a visa or cannot get a this brain drain that America is experi- the table. Once Republicans agree to green card here in America. We are cul- encing and they are taking advantage higher rates on the wealthy, an agree- tivating human capital and then send- of it. In a global economy they are ment on the other sticking points of a ing those individuals back home. more than happy to take the best and grand bargain can quickly fall into This is an area where there is broad the brightest foreign students who place. So let’s stop with the offers and support. My colleague Senator MORAN come and train in the United States the counteroffers that are leaked only recently wrote a ‘‘Dear Colleague’’ let- and to encourage them to come to their countries and create jobs and eco- to manufacture headlines in the press. ter which points out that roughly—he nomic growth there. This relatively Let’s get serious and cross the biggest cites in the letter that more than minor change to our immigration sys- item of our to-do list off and get the three-quarters of voters support a tem could deliver a major boost to U.S. Senate tax cut bill passed. STEM-type visa. He quotes in this let- economic growth. I realize many of our I yield the floor. ter, dated July 20, 2012, 87 percent of The PRESIDING OFFICER. The Sen- Democrats polled, 72 percent of Repub- colleagues have different priorities when it comes to fixing our broken im- ator from Texas. licans polled, and 65 percent of Inde- migration system, but the reforms con- Mr. CORNYN. Mr. President, I ask pendents support the creation of a tained in the STEM Jobs Act enjoy bi- unanimous consent the next 45 minutes STEM visa. Of course if you think partisan support. be devoted to a colloquy between my- about it, it is common sense. Why in I urge my colleagues, let’s show the self and my colleagues on this side of the world would we want to subsidize world we can agree on this common- the aisle. the education of these students from sense, bipartisan immigration reform. The PRESIDING OFFICER. Without other countries, train them in these Let’s do something for our economy objection, it is so ordered. highly specialized and highly desirable and let’s take this first step in solving f fields, and then simply send them our broken immigration system. home? STEM JOBS ACT Before I turn the floor over to my I have introduced legislation over the colleague from Kentucky, who I know Mr. CORNYN. Mr. President, this last past years that would increase the has some comments on this topic, let week the House of Representatives number of H1B visas, which are not me address two issues quickly. I can passed a bipartisan piece of legislation green cards. They are actually tem- anticipate hearing from some of our called the STEM Jobs Act. For those porary visas that would allow more of colleagues that this does not solve all who are unfamiliar with the term these foreign national students, of what is broken in our immigration STEM, it stands for science, tech- trained in these STEM fields, to stay system, and I concede that is correct. nology, engineering, and math—the here in the United States and help cre- But what we need more than anything hard sciences programs that we have ate jobs here in the United States. This is to develop some confidence-building too few graduates from in our colleges bill actually goes a step further. What measures for the American people to and universities. This bill passed in the it does is it provides them a green card, demonstrate that we can come to- House of Representatives with 245 which is the first step toward a path to gether, Republicans and Democrats votes and was originally sponsored by citizenship. alike, and do what needs to be done my friend and colleague LAMAR SMITH If you believe our current policy is a which almost everybody agrees is com- of Texas. It is very similar to a piece of self-inflicted wound on our economy, mon sense and then we can follow on legislation I myself introduced earlier you are exactly right. We are educating with other solutions on a targeted this year. brilliant students and then compelling basis for our broken immigration sys- The goal of this legislation is one them to go to work in Shanghai or tem. that I think enjoys broad bipartisan Singapore rather than San Antonio or I once believed, back in 2005, when support, and that is to help the United the Silicon Valley. Meanwhile, we are Senator JON KYL from Arizona and I States retain more of the highly handing out tens of thousands of diver- introduced something we called the skilled immigrants who come to study sity visas to immigrants chosen by Comprehensive Border Security and at our colleges and universities. In par- random lottery, without regard to any Immigration Reform Act of 2005, we ticular, this bill would make eligible qualifications they may have when it should address this issue comprehen- for a green card those who graduate comes to job creation and entrepre- sively. We tried in 2007. That bill failed from the STEM fields who get a mas- neurship. It makes absolutely no sense. on the Senate floor when Senator REID ter’s degree or a Ph.D. We would not I believe we need an immigration pol- pulled the bill from the floor. add to the net number of green cards icy that serves our national interests. I believe now, given the temper of the that would be eligible. There are 55,000 If there is one thing that we need more times and given the skepticism with diversity lottery visa green cards that than anything else now, we need job which the American people view us would be substituted for by these creators and entrepreneurs in the here in Congress, the only way we are STEM green cards. United States. We know in the global going to crack this nut is to start We all know America’s immigration economy it is people with special skills small in targeted reforms such as the system is broken. Unfortunately, it in science, technology, engineering, STEM Jobs Act. I believe this is the be- causes self-inflicted wounds in many and mathematics who are the ones who ginning and not the end of fixing what respects, but particularly by driving are going to help us create jobs and is broken about our immigration re- away highly skilled foreign workers grow the economy—not just for these form system. But if we cannot do this— who want to start businesses and cre- individuals but for the people who are if we cannot do this—I have next to no ate jobs right here in America. This is hired by the startup businesses they confidence we can do the rest that not about hiring foreign workers to will create. needs to be done as well.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.027 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7421 A final point. I believe we should be When are we going to start? When is The PRESIDING OFFICER. Does the family-friendly when it comes to our there going to be a committee hearing Senator yield? immigration system. This STEM Jobs designated toward entitlement reform? UNANIMOUS CONSENT REQUEST—H.R. 6429 Act takes a very important step in I have been here 2 years. There is no Mr. CORNYN. I ask the Senator to making sure families can be unified. such committee. When will there be withhold for a moment because I do Under the current law, someone who hearings on immigration reform? There have a unanimous consent request. I has a green card is not entitled to will not be time. Deadlines will pass. understand the Senator likely will bring their immediate family into the But not break things up into smaller have an objection to that. We have United States to live with them while pieces? Why have to have some enor- other Senators who are going to speak. they are waiting for their eligibility mous fiscal cliff or whatever that ev- Given the limitation on our time, what for a green card. The STEM Jobs Act, erybody has to agree to a thousand I wish to do, Mr. President, I ask unan- though, addresses that by recreating moving parts? We are of different per- imous consent that the Senate proceed the V visa, which would help us retain suasions, of different parties, of dif- to the immediate consideration of Cal- more of the potential job creators but ferent beliefs. We are never going to endar No. 559, H.R. 6429, that the bill be it would also help unify the immediate agree on a thousand things. Why don’t read a third time and passed, the mo- we start passing some things we can families of U.S. permanent residents. tion to reconsider be made and laid on agree to? This is a small step forward. Right now, the spouses and children of the table, and that any statements re- U.S. permanent residents have to wait We can pass this bill today. Does the Senator have an expla- lating to the bill be printed in the outside, to wait in line for their green nation that can help me understand RECORD. card, which causes families to be sepa- why we have to have empty partisan- The PRESIDING OFFICER. Is there rated—something that none of us be- ship, why we cannot move forward to objection? Mr. SCHUMER. Reserving the right lieves is an optimal situation. The pass some small things for immigra- to object, and I will object and explain STEM Jobs Act would let them wait tion reform? inside the United States, unified with Mr. CORNYN. Mr. President, I would my objection. their loved ones until they are off the say in response to the Senator from The PRESIDING OFFICER. OK. Mr. SCHUMER. Very simply, I heard waiting list, which takes several years, Kentucky that I have been in the Sen- my colleague from Kentucky say if we and thus would promote family unifica- ate for some time now. I have been en- tion. That is yet another reason why gaged in the immigration debates for a agree on something, let’s pass it. We do this bill deserves our support. long time. I think one of the biggest agree on increasing STEM visas. I am I yield to my distinguished colleague challenges is we have tried to deal with offering a proposal that does that and from Kentucky, who I know supports this in a comprehensive way that has does it in a more fulsome way than the this approach, for any comments he so many moving parts it is almost im- proposal of my friend from Texas. But would care to make. possible to find a majority in the Sen- what we do not do is take away other The PRESIDING OFFICER. The Sen- ate, much less the House, in order to visas or add in other extraneous posi- ator from Kentucky. support all the various components of tions. Mr. PAUL. I compliment the Senator it. That is one of the things I like I would say the logic of my friend from Texas for being a leader in immi- about this bill. It is narrow, it deals from Kentucky is impeccable, but be- gration reform. There are many of us with a consensus reform—common- cause of constraints on the other side in the Republican Party who wish to sense reform—and it avoids a lot of the they could not pass a plain bill that have immigration reform. I do wish it controversy associated with other just added STEM visas. They had to be noted for the RECORD today that we parts of the immigration subject. I do take away other visas that my col- can take a small step forward toward believe we owe it to the American peo- league from Texas does not like—but immigration reform today. This bill ple not to stop here, but it is a good many people do. They had to add in a that would allow Ph.D.s, master’s, suc- place to start. Once we pass this legis- few other provisions. cessful graduates to come into this lation and people see that we have I would simply say that if my col- country with a green card could be acted responsibly and in America’s best league from Kentucky says we should passed today. This bill is at the desk interests, then we can regain their con- join together on something we agree and we will ask consent from the ma- fidence that we can deal with other with, I will bet he agrees with our pro- jority party today to pass this bill. broken parts of the immigration sys- posal as well. And I will bet he agrees I will also note the President and the tem. with it even more than the other pro- Members of the majority party will ob- Mr. PAUL. I think another important posal because we add two things that ject. The President has said he will not point to make about this is we truly are not in the bill of the Senator from pass this unless he can get everything have different philosophical differences Texas. No. 1, we allow unused STEM he wants. When I go home or when I with people on the other side. But what visas to be used to reduce the backlog talk to folks with the media, they say: people at home ask me is when you of employment green cards. There are Why can’t you guys get along? Why agree with the other side, when the 200,000 people waiting. It may well be can’t you do anything in Washington? other side says we want this part of im- that the 55,000 visas in the bill of the Why is this system so horribly broken? migration reform, why can’t we do it? Senator from Texas are not going to be This is precisely why. We agree on That to me is empty partisanship. Are used up. That is what experts say. Sec- this bill. I think the other side will we afraid to give Republicans credit for ond, we allow STEM green cards to be stand and say they like the concept, introducing immigration reform in the used by entrepreneurs, a bill that has but they do not want to do it yet. They Republican-controlled House? Are we been introduced by I believe Senator want to wait until we agree on every- afraid it might be perceived as a Re- COONS, Senator MORAN—bipartisan— thing. Guess what. We are never going publican idea? That to me is empty Senator WARNER as well. to agree on everything so we are never partisanship. I routinely vote with the I am going to object to this bill, not going to get immigration reform if we other side on some issues that some on because it increases STEM visas and cannot start agreeing to some things this side object to because I believe in not for some larger purpose—although and moving the ball forward. the issue. This is an issue where we all I do understand that if we pick off all This is the same on tax reform. This should be able to agree on immigration the pieces each of us wants, we are not is the same on entitlement reform. We reform. Yet the other side will object going to get comprehensive reform, and lurch from deadline to deadline. There to moving the ball forward on immi- that is why the Hispanic Caucus op- will be a deadline, the so-called fiscal gration reform. That I don’t under- poses the bill of the Senator from cliff coming up, and the President has stand and that I see as empty partisan- Texas but supports our bill. I under- announced that we do not have enough ship, and that is the dysfunction of this stand that. But if we just want to do time to do entitlement reform. We body when we agree on something we STEM and do it in the best way pos- don’t have enough time to do tax re- still cannot pass it. sible without other provisions, because form. We don’t have enough time to do Mr. SCHUMER. Mr. President, will that is what we agree on, I would urge immigration reform. my colleague yield for a question? my friend from Kentucky, and those

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Objec- ing the right to object, the problem the Senator from Kentucky, who said if tion is heard. The Senator from Texas. with the Senator’s proposal is that this we cannot do it all at once because of Mr. CORNYN. Mr. President, I under- piece of legislation he has referred to disagreements, let’s start getting done stand that the Senator from New York has not passed out of committee in the what we can get done, here is a bill has objected, and of course here we go Senate. It has not passed the House. that provides us with people in the again making the perfect the enemy of This bill, the STEM Act, has passed the science and technology fields who can the good and not moving forward on House. Theirs has a 2-year sunset pro- help our economy grow. These are peo- commonsense immigration reform in vision; this is permanent legislation. ple we need very much. It will increase an area where there is a consensus. Also, it has no family unification pro- diversity, just as the Senator from New There are several problems with the vision that will allow the immediate York said, and it has passed the House. Senator’s proposal. One is that it has family members of the green card hold- Common sense says let’s go. Let’s pass not passed the House and this one has. er to wait the time when they will be- the bill. It also has a 2-year sunset provision, as come eligible for a green card in the So we want to join with the Senator I understand, and there is no family United States as opposed to back in from New York, the Senator from Dela- unification provision. Also, it doesn’t their country of origin, and it does ware, and the other sponsors to whom eliminate the diversity lottery visa nothing to promote merit-based immi- he referred, but let’s join on something which allows people to get green cards gration reform. We ought to be looking we can actually get done, meaning a without regard to the qualifications at immigration reform from the stand- bill that passes the House as well as that they bring to this country to cre- point of not just how it can help the the Senate. I think that logic is com- immigrant but how it can help Amer- ate jobs and start new businesses. pelling. I know we have the distinguished ica create jobs and entrepreneurship. I look at my own State of North Da- For those reasons, I object. Senator from North Dakota here. kota. We are doing amazing things in Mr. SCHUMER. Mr. President, if I The PRESIDING OFFICER. Objec- energy. As a matter of fact, we are hot might be recognized to offer my pro- tion is heard. on the trail of the State of Texas when posal? I have let my friend from Texas Mr. CORNYN. Mr. President, at this it comes to oil development. I am tell- respond, but I have the— time I yield to the distinguished Sen- The PRESIDING OFFICER. Will the ator from North Dakota and then, fol- ing you, we are after you. So what is that going to take? It is Senator from Texas yield? lowing that, the distinguished Senator Mr. CORNYN. Mr. President, we have from Iowa for any comments he cares going to take continued development four Senators who are prepared to to make. of the technologies that not only helps speak, and I just want to make sure we Mr. HOEVEN. Mr. President, I thank us produce more energy, but helps us have adequate time to speak. I ask the esteemed Senator from Texas and do it with good environmental steward- that any time that is used by the dis- the Senator from Kentucky. I see the ship. What we are talking about is tinguished Senator from New York not Senator from Iowa has joined us as when we have the engineers, scientists, be added to or subtracted from our well. technicians, and mathematicians who time. We have retained a total of 45 I rise to speak in support of the graduate from our great universities minutes. STEM Act but also to respond to the with doctorate and master’s degrees, The PRESIDING OFFICER. Without Senator from New York. I see the Sen- they can stay and help us here rather objection, it is so ordered. ator has left, but I also want to respond than help someone else in some other Mr. CORNYN. Under those cir- to some of the points in support of the country that would then get ahead of cumstances, I agree to yield the floor. Senator from Texas. the United States. This will help us The PRESIDING OFFICER. The Sen- The STEM Act passed the House; it solve the fundamental challenges we ator from New York. was H. Res. 6429, sponsored by Con- face today, which is getting this econ- f gressman LAMAR SMITH. I argue that it omy growing so we get people back to accomplishes both of the things we are work and creating the revenue the UNANIMOUS CONSENT REQUEST— talking about today. It provides us right way with economic growth to S. 3553 with the opportunity to have a greater help us address our deficit and debt. Mr. SCHUMER. Mr. President, I ask pool of employees with training in With that, I yield the floor to the es- unanimous consent that the Judiciary science, technology, engineering, and teemed Senator from Texas. Committee be discharged from further mathematics, which is what we need in Mr. CORNYN. How much time re- consideration of S. 3553, the BRAINS this country. It also accomplishes the mains? Act, and the Senate proceed to its con- diversity that was referred to by the The PRESIDING OFFICER. Twenty sideration; that the bill be read a third Senator from New York. minutes. time and passed; and that the motion So what the Senators from Texas, Mr. CORNYN. Mr. President, I yield to reconsider be laid upon the table, Kentucky, Iowa, and myself are pro- to the distinguished Senator from Iowa with no intervening action or debate. posing is to accomplish both goals. We for any comments he cares to make. I will be brief because I don’t want to are saying we can have the students The PRESIDING OFFICER. The Sen- take away from my colleagues’ time. who have graduated with either a doc- ator from Iowa. What this bill does is provide more torate degree or a master’s degree in Mr. GRASSLEY. Mr. President, STEM visas than the previous bill. It science, technology, engineering, and today, I’m proud to speak in support of provides an entrepreneurship visa mathematics, which is what we very the STEM Jobs Act of 2012, a bill which the other bill does not. It does much need to get our economy grow- passed by the House of Representatives not take away existing visas, which the ing. A growing economy creates more last week. This bill would make avail- Senator from Texas doesn’t like, but employment. It also creates the rev- able up to 55,000 green cards each year many other people find popular, good, enue without raising taxes that we for foreign students who have received and necessary. The unemployment rate need to address our deficit and debt. So doctorates or master’s degrees in for those on the diversity visas coming this legislation accomplishes both science, technology, engineering, or in is much lower than that of the na- those goals and still provides an in- math, also known as STEM, from a tional average. crease in diversity which is what the U.S. university. The bill would not in- If we want to pass a pure STEM bill Senator from New York was talking crease overall immigration levels, but without extraneous provisions added about. rather, would move our immigration

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I have long argued with master’s degrees and Ph.D.s in FROM TEXAS PUBLIC UNIVERSITY SYSTEM that we need to enhance and expand science, technology, engineering, and CHANCELLORS legal avenues for U.S. employers to math before we finally address the As chancellors of the six Texas public uni- hire foreign workers. While I am a problem? versity systems, we recognize the important champion for rooting out fraud and I realize there is other legislation role the fields of science, technology, engi- abuse from many of our visa programs, people would like to have considered, neering, and mathematics (STEM) play in American competitiveness. I’m also supportive of finding ways to but this has actually passed the House We understand Senator John Cornyn plans allow people to enter this country of Representatives. to pursue legislation during the remaining through legal channels. I remember the hearing we had in the days of the 112th Congress aimed at pro- It makes sense to allow foreign stu- Senate Judiciary Subcommittee on Im- viding more visas for foreign graduates of dents who have been trained and edu- migration of which I am the ranking American universities in the STEM fields. cated on U.S. soil to remain here. member. The Senator from New York Industry and academia, particularly in Texas, face critical shortages in the avail- These students have advanced degrees said at that time—and this would not in science, technology, engineering, ability of qualified job applicants in these be a surprise to him since these are his fields. While we are actively engaged— and math, and this bill will ensure that own words, and it is consistent with through education outreach and engineering we keep those highly skilled and what he said on the Senate floor: extension—in preparing Texas residents for sought-after students here for employ- If we do not enact an immigration policy success in the STEM fields, we recognize the ers in need. that continues to attract the world’s best need to address existing shortages in these Our economy cannot wait. We need minds, we will cease to be the world’s eco- critical fields through a pathway for inter- to enact solutions today that create nomic leader. national students already enrolled at our institutions in these disciplines. economic growth. That is why I call this a self-inflicted We also have no reason to wait for The severity of this situation was high- wound. If we agree that American lighted in the recently published National next year’s likely debate on immigra- workers should get the right of first re- Research Council report, Ten Breakthrough tion. Attracting and retaining high- fusal, but there are not sufficient Actions Vital to Our Nation’s Prosperity and skilled workers should not be a par- American workers with the qualifica- Security. The report focuses on the role research universities play in protecting the fu- tisan issue. The senior Senator from tions in these important fields, why in New York has a similar proposal to ture of America and recommends actions the world would we not allow the cre- that should be taken separately and jointly grant green cards to STEM students. I ation of jobs and new enterprises that can only assume that many people on by universities, states, and the federal gov- would come with the STEM Jobs Act ernment. The report specifically calls on the the other side of the aisle would sup- that has passed the House? federal government to streamline the proc- port this bill if the majority leader I have a series of letters: one from esses that impact the ability of international gave it a chance. Nearly 30 Democrats the chancellor of the University of innovators to remain in our country and in the House crossed the aisle to help contribute to its prosperity. Texas System, Texas A&M University this bill pass last week. We applaud Senator Cornyn for his leader- System, Texas Tech University Sys- Finally, as we look ahead to immi- ship and focus on this issue. We urge Con- gration reform, it will be important to tem, the University of Houston Sys- gress to work toward a bipartisan solution to this important component of job growth and consider ways our policies benefit fu- tem, the University of North Texas, and the Texas State University System our nation’s innovation agenda. ture generations, not just solve the FRANCISCO G. CIGARROA, problems of the day. Our immigration in support of STEM legislation. I also have a letter from Rice University M.D., system should be structured in a way Chancellor, The Uni- to recruit people with skills in STEM president David Leebron supporting versity of Texas Sys- fields. This bill is a good first step to this same type of legislation. tem. changing our system to a merit-based I have a letter dated June 25, 2012, ad- MR. JOHN SHARP, one. Enhancing our legal immigration dressed to President Obama, Leader Chancellor, Texas A&M University channels should be a top priority, and REID, Leader MCCONNELL, Speaker BOEHNER and then-Leader PELOSI from System. I am committed to working on ways to MR. LEE JACKSON, do that for all sectors of the economy. the Partnership for a New American Economy signed by the presidents or Chancellor, University I hope the majority will reconsider, of North Texas Sys- and allow the Senate to call up and chancellors of 42 public and private tem University Sys- pass the STEM Jobs Act and send it to universities. I have a letter to Congress tem. the President. It would be a signal to from the Information Technology In- MR. KENT HANCE, the American people that we can work dustry Council, Partnership for a New Chancellor, Texas together to enact needed immigration American Economy, and the U.S. Tech University. Chamber of Commerce supporting DR. RENU KHATOR, reforms. Chancellor, University I yield the floor. STEM immigration reform such as this bill. of Houston. The PRESIDING OFFICER. The Sen- DR. BRIAN MCCALL, ator from Texas. I have another letter dated November Chancellor, Texas Mr. CORNYN. Mr. President, I appre- 15, 2012, to Members of Congress from State. ciate the remarks of the distinguished the American Council on International Senators from Iowa, North Dakota, and Personnel and the Society for Human RICE UNIVERSITY, Kentucky. Resource Management supporting this Houston, TX, December 4, 2012. I think what people find so mad- type of STEM legislation. I have an- Hon. JOHN CORNYN, dening about Congress and Wash- other letter dated September 19, 2012, U.S. Senate, Hart Senate Office Building, Washington, DC. ington, DC, is even when we agree, we to Speaker BOEHNER, Leader CANTOR, DEAR SENATOR CORNYN, I write on behalf of still cannot seem to get anything done. Whip MCCARTHY, Minority Leader Rice University to support the STAR Act How is it that we can agree on the im- PELOSI, and Minority Whip HOYER from and all efforts to make it easier for foreign portance of additional STEM green CONNECT, a U.S. San Diego tech students who receive advanced degrees in the cards and still not be able to get any- transfer commercialization enterprise. STEM fields to remain in the United States thing done? This is not about what is I also have a letter from the presi- and put their educations and skills to work perfect, but this is about what is pos- dent of Baylor University in support of on behalf of the country. These students are among the best and brightest in the world sible given what has happened in the STEM legislation. and, equipped with a Rice University or House of Representatives. I ask unanimous consent that the other U.S. education, will have much to con- We could do this today and send it to letters I just referenced be printed in tribute to business and job creation and eco- the President of the United States in the RECORD at this time. nomic growth.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.002 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7424 CONGRESSIONAL RECORD — SENATE December 5, 2012 Rice University is proud to be based in But after we have trained and educated around 8 percent, the unemployment rate for Houston, Texas, and to educate leaders and these future job creators, our antiquated im- United States citizens with PhDs in STEM generate research and knowledge that con- migration laws turn them away to work for fields is just 3.15 percent, and 3.4 percent for tribute in major ways to the vigor of our our competitors in other countries. Low lim- those with master’s degrees in STEM fields. state and country. We are equally proud to its on visas leave immigrants with no way to Given that the U.S. government has defined have more than 10 percent of our under- stay or facing untenable delays for a perma- ‘‘full-employment’’ to be 4 percent, this sug- graduate students and about 40 percent of nent visa. Top engineers from India and gests a skills shortage of STEM professionals our graduate students from other countries. China face wait times of up to 9 years to get with advanced degrees. The fact that we can attract the best and the a permanent visa, and new applicants from In many STEM occupations, unemploy- brightest from throughout the world is a sig- these countries may face considerably longer ment is virtually non-existent: Unemploy- nificant strength, but to lose those students waits. And while we turn away these Amer- ment is particularly low in STEM occupa- after graduation because of overly restric- ican-educated, trained and funded scientists tions such as Petroleum Engineers (0.1 per- tive immigration policies is a distinct weak- and engineers, there is a growing skill gap cent), Computer Network Architects (0.4 per- ness for our state and country. We should across America’s industries. One quarter of cent), Nuclear Engineers (0.5 percent), Envi- not send that education and talent away. US science and engineering firms already re- ronmental Scientists and Geoscientists (1.2 There is a case to be made for comprehen- port difficulty hiring, and the problem will percent), Database Administrators (1.3 per- sive immigration reform, but the STAR Act only worsen: the US is projected to face a cent), Statisticians (1.6 percent), Engineer- makes significant progress towards that shortfall of 230,000 qualified advanced-degree ing Managers (1.6 percent), and Aerospace goal. We would be happy to contribute our workers in scientific and technical fields by Engineers (1.9 percent). faculty expertise if you would find that help- 2018. STEM fields employ a far higher propor- ful. Thank you for your leadership on this The US cannot afford to wait to fix our im- tion of foreign workers than non-STEM issue. migration system. Even as we send away fields: In STEM fields, 26.1 percent of work- Sincerely, highly skilled workers trained at American ers with PhDs are foreign born, as are 17.7 DAVID W. LEEBRON, universities, competing economies are wel- percent of workers with master’s degrees. In President. coming these scientists and engineers with comparison, in non-STEM fields, just 6.4 per- streamlined visa applications and creating cent of doctoral workers and 5.2 percent of PARTNERSHIP FOR A NEW dedicated visas to ensure that the foreign master’s workers are foreign born. AMERICAN ECONOMY, students who graduate from their own uni- STEM fields with high percentages of for- June 25, 2012. versities can stay and contribute to the local eign STEM workers have low unemployment President BARACK OBAMA, economy. We ask you to work together to rates for US workers: Although nearly 25 The White House, 1600 Pennsylvania Ave., develop a bipartisan solution that ensures percent of medical scientists are foreign Washington, DC. our top international graduates have a clear born, United States medical scientists enjoy Sen. HARRY REID, path to a green card, so they can stay and an unemployment rate of just 3.4 percent, Senate Majority Leader, Hart Senate Office create new American jobs. Recent polls show fully five percentage points lower than the Building, Washington, DC. that there is broad, bipartisan support for non-STEM unemployment rate (8.4 percent). Hon. JOHN BOEHNER, this reform, and that the American people Similar stories exist for STEM occupations Speaker of the House, U.S. Capitol, want our leaders in Washington to act. Now such as physical scientists and computer Washington, DC. is the time to do so and ensure that the US software designers, where immigrants make Sen. MITCH MCCONNELL, remains the world’s leading home for up more than 20 percent of the field and un- Senate Republican Leader, Russell Senate Of- innovators. employment is just 4 percent. Unemploy- fice Building, Washington, DC. Sincerely, ment across all STEM occupations is just 4.3 Hon. NANCY PELOSI, (77 SIGNATURES). percent, and the unemployment rate is even Democratic Leader, U.S. Capitol, lower in 10 of the 11 STEM occupations with Washington, DC. DECEMBER 4, 2012. the largest proportion of foreign workers. DEAR MR. PRESIDENT, MAJORITY LEADER TO THE MEMBERS OF THE UNITED STATES Foreign-born STEM workers are paid on REID, REPUBLICAN LEADER MCCONNELL, CONGRESS: The Information Technology In- par with US STEM workers: There is no SPEAKER BOEHNER, AND DEMOCRATIC LEADER dustry Council, the Partnership for a New verifiable evidence that foreign-born STEM PELOSI: As leaders of universities educating American Economy, and the U.S. Chamber of workers adversely affect the wages of Amer- the creators of tomorrow’s scientific break- Commerce recently joined together to pre- ican workers by providing a less expensive throughs, we call on you to address a critical pare a new report, released last week, ‘‘Help source of labor. The average STEM worker threat to America’s preeminence as a global Wanted: The Role of Foreign Workers in the actually makes slightly more than his or her center of innovation and prosperity: our in- Innovation Economy’’. According to the re- United States counterpart, earning on aver- ability under current United States immi- port, foreign-born professionals in the fields age $61 more per week. gration policy to retain and benefit from of Science, Technology, Engineering, and These findings reaffirm a December 2011 re- many of the top minds educated at our uni- Mathematics (STEM) are complementing— port, ‘‘Immigration and American Jobs,’’ re- versities. not displacing—their U.S. counterparts and leased by the American Enterprise Institute From the industrial revolution to today’s the U.S. economy is in need of more STEM and the Partnership for a New American information age, the United States has led talent. Economy, which found that every foreign the world in creating the inventions and As Congress deliberates initiatives to re- graduate with an advanced degree from a ideas that drive economic prosperity. Amer- form our immigration system—including ex- U.S. university who stays and works in a ica’s universities are responsible for 36 per- panding visas for those with advanced STEM STEM field, creates an average of 2.62 new cent of all research in the country, including degrees earned at U.S. universities—the re- jobs for American workers. 53 percent of all basic research, and they port provides evidence of critical labor force We are committed to reforming our immi- help keep America at the forefront of the needs in America’s innovation economy. gration system in ways that advance U.S. 21st century economy. The Federal Govern- There is universal agreement that reform- competitiveness, innovation, and job crement has recognized the importance of uni- ing U.S. education and job training to en- ation, and look forward to working with you versity research by providing roughly 60 per- courage more U.S. students to enter STEM to achieve this important goal. cent of all academic R&D funding. occupations is essential to a strong econ- Sincerely, American academic research has benefited omy. Yet these fixes will take years to yield INFORMATION TECHNOLOGY INDUSTRY from the fact that the US remains a top results, and many of the talented STEM COUNCIL, magnet for the world’s best and brightest workers who could fill the gaps in our labor PARTNERSHIP FOR A NEW AMERICAN ECON- students and graduates 16 percent of all force are already here training in American OMY, PhDs worldwide in scientific and technical universities. Reforming American immigra- U.S. CHAMBER OF COMMERCE. fields. In 2009, students on temporary visas tion laws to allow foreign-born STEM stu- were 45 percent of all graduate students in dents who earn advanced degrees from U.S. AMERICAN COUNCIL ON INTER- engineering, math, computer science and universities to stay and work in jobs where NATIONAL PERSONNEL AND SOCIETY physical sciences—earning 43 percent of all there are no available qualified American FOR HUMAN RESOURCE MANAGE- master’s degrees and 52 percent of all PhDs. workers will fill an immediate need and pro- MENT New research shows that in 2011, foreign-born mote economic growth and job creation. November 15, 2012. inventors were credited contributors on Our report analyzes data from the U.S. DEAR MEMBER OF CONGRESS: As you con- more than 75 percent of patents issued to the Census and the U.S. Department of Edu- sider measures in the lame-duck congres- top 10 patent-producing universities in the cation Integrated Post-Secondary Education sional session to restore America’s fiscal United States—irrefutable proof of the im- Data System (WEDS) to examine employ- health and put our economy back on track, portant role immigrants play in American ment in the STEM fields. The report con- the American Council on International Per- innovation. These inventions lead to new firms that: sonnel (ACIP) and the Society for Human companies and new jobs for American work- There is full employment for U.S. STEM Resource Management (SHRM) urge you to ers, and are an enormous boon to our econ- workers with advanced degrees: While the act on a key high-skilled legal immigration omy. current national unemployment rate hovers reform that has bipartisan support and the

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.005 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7425 backing of the U.S. business community, and foreign-born STEM graduates to stay in the fect. For every 1 of the 55,000 green that will help jumpstart U.S. growth and job U.S. to work in startup and emerging compa- cards that would be created by this act, creation: making green cards available for nies will help keep America at the edge of there are hundreds of thousands of peo- foreign-born holders of U.S. STEM advanced the frontier of global competitiveness. How- degrees who have a job offer. ever, that edge is being aggressively ple who would enjoy jobs as a result of Highly educated, foreign-born profes- trimmed by our foreign competitors. Thus, it the economic activity in this country. sionals have a long history of making great is imperative we retain U.S.-educated, for- I hope we don’t sacrifice another crop contributions to our economy, and this legis- eign-born STEM talent instead of forcing of science, technology, and engineering lation will help U.S. employers to more eas- them to find jobs overseas with global com- graduates in the hope that we can get ily recruit, hire and retain these job creators petitors. the perfect immigration bill. In fact, and innovators. The visas would be imme- There is much talk in Washington about we know this is a difficult area in diately available to these professionals, help- helping start-up businesses, but the STEM which to legislate, and both sides of ing them avoid the decades-long green card Jobs Act takes tangible action toward backlog that currently plagues top talent achieving that goal. We commend you for ad- the aisle know we need to deal with all trying to contribute to our country. This vancing this solution that will have real- of the different facets of our broken legislation will help reenergize America’s world benefits for America’s entrepreneurs immigration system. But this bill has competitiveness at an extremely critical and innovators. passed the House. It is here and now. time. In CONNECT’s ‘‘Innovation Agenda for the We could pass it today by unanimous Our organizations, now strategic affiliates, 112th Congress’’ and ‘‘Seven Innovation Pol- consent but for the objection of our icy Ideas to Spark an American Recovery,’’ represent thousands of employers across the friends across the aisle and the objec- country working hard to grow America’s we endorsed STEM visa reform. Continuing economy. While there is much to be done in that long-term commitment in support of tion, amazingly enough, of the Presi- the next session, this small step now will pay the issue, we encourage the House to pass dent of the United States who himself big dividends in keeping our economy on the the bill and we stand ready to assist the Sen- has claimed for at least the last 4 years right track until more comprehensive re- ate in its consideration of H.R. 6429. that he is in favor of immigration reforms can be enacted. Sincerely, form. We encourage Congress to start building TIMOTHY TARDIBONO, M.A., J.D., It is also an important confidence the necessary consensus needed for future Vice President of Public Policy, CONNECT. builder in terms of the acceptance of immigration legislation by sending this bi- this legislation by the American peo- partisan reform to the president for enact- BAYLOR UNIVERSITY, ment before year’s end. Waco, TX, December 5, 2012. ple. The American people are justifi- Sincerely, Senator JOHN CORNYN, ably skeptical of Congress passing an- LYNN SHOTWELL, Hart Senate Office Building, other omnibus or comprehensive piece Executive Director, Washington, DC. of legislation. We tried that before, and ACIP. DEAR SENATOR CORNYN: Since 1845, Baylor we found out that even if people have MICHAEL P. AITKEN, University has promoted academic excel- read bills going into the thousands of Vice President, Gov- lence and Christian service, and its achievements have been recognized around the pages in length, many times there are ernment Affairs, unintended consequences. SHRM. world. As a nationally ranked research institution, Baylor is also dedicated to scientific So I believe it is very important that CONNECT, discovery and training the inventors and en- we start with this important STEM September 19, 2012. trepreneurs who will create the jobs of the Jobs Act, that we demonstrate we are Speaker JOHN BOEHNER, future. We now have more than 70 masters worthy of the confidence and trust of Majority Leader ERIC CANTOR, and doctoral degree programs, including the American people when it comes to Majority Whip KEVIN MCCARTHY, eleven science, technology, engineering, and addressing our broken immigration Minority Leader NANCY PELOSI, math (STEM) programs. Of the Masters and system, in an area where we have con- PhD students enrolled in our STEM pro- Minority Whip STENY HOYER, sensus such as the STEM jobs field. I House of Representatives, grams, 13 percent are foreign nationals. Washington, DC. Many of these students are listed as co-intell my colleagues they have my per- DEAR LEADERS OF THE U.S. HOUSE OF REP- ventors in patent applications filed by sonal commitment that I will be there RESENTATIVES, As a leading voice for tech Baylor research teams. to work with them to deal with other start-up and emerging companies, CONNECT Unfortunately, our innovation efforts are parts of our broken immigration sys- applauds you for your efforts to address a being undermined by U.S. immigration laws. tem as we go forward. critical innovation policy issue by bringing Many of our STEM Masters and PhD stu- The best way to do that, in my opin- dents may not be able to obtain an appro- to a vote the STEM Jobs Act of 2012, H.R. ion, is to start here. If we can’t pass 6429. This important legislation will spark priate work visa in industry because of the innovation across the U.S. and assist start- low cap on the number of such new visas that this legislation—and I am skeptical up company growth, which remains Amer- can be issued. They would have to return to based upon the objection we have heard ica’s best job-creating engine. their home country after graduation or ob- today—I wonder if we will ever be able CONNECT was birthed out of the Univer- tain a visa in an occupation that is unrelated to pass immigration reform. If we can’t sity of California—San Diego over twenty- to their education. The House-passed STEM do this consensus bill, tell me one five years ago with the mission to propel cre- Jobs Act would create 55,000 additional visas other piece of legislation we could pass ative ideas and emerging technologies to the for foreign nationals with an advanced in this field by agreement of the polit- STEM degree from a U.S. research institu- marketplace by training entrepreneurs and ical parties and send it on to the Presi- connecting them to the comprehensive re- tion. It represents an important step in fix- sources they need to sustain viability and ing America’s broken immigration system. dent. Indeed, I think there is room to business vibrancy. Since 1985, CONNECT has I encourage the Senate to pass this legisla- wonder whether some people in this assisted in the formation and development of tion. Chamber would prefer to have this an over 3,000 companies and is recognized as one Sincerely, issue they can wield in the next elec- of the world’s most successful regional inno- KENNETH WINSTON STARR. tion rather than to join together on a vation development programs. In 2010, CON- Mr. CORNYN. Mr. President, I think bipartisan basis and to solve what is NECT won the Innovation in Economic De- the record should be clear that our side broken in our immigration system. velopment Award in the Regional Innovation of the aisle believes we should act Let’s start here. Let’s build on this. Clusters category presented by the U.S. De- today and not wait and not delay fur- partment of Commerce’s Economic Develop- We can do it today if we can just some- ment Administration. ther this important STEM Jobs Act for how avoid the objections and pass this Although much of the discussion regarding the very reason I said earlier, which is legislation that has been passed by the STEM visa reform centers around the bene- that it will help job creators and entre- House. It passes the STEM visa bill, it fits that will accrue to larger companies in preneurs. keeps families together, and it rep- the tech sector, it should not be overlooked The reason STEM visas are particu- resents values I would think both sides that a STEM visa reform proposal like H.R. larly powerful is because these individ- of the aisle would applaud. 6429 will facilitate new STEM grads to also uals with special expertise in math, With that, I yield the floor and sug- be hired by startup and emerging companies. technology, engineering, and the like As both the Small Business Administration gest the absence of a quorum. and the Kauffman Foundation have con- are uniquely qualified to be able to The PRESIDING OFFICER. The firmed, the vast majority of America’s net start up new enterprises and to attract clerk will call the roll. job growth in recent years has come from and create jobs for other people. In The legislative clerk proceeded to startup and emerging companies. Allowing other words, there is a multiplier ef- call the roll.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.008 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7426 CONGRESSIONAL RECORD — SENATE December 5, 2012 Mrs. MURRAY. Mr. President, I ask percent of workers. President Obama Democrats want, it is what the Amer- unanimous consent that the order for said he would sign it into law. He even ican people support, and it would move the quorum call be rescinded. showed us the pen. All the House has to us a long way toward the balanced and The PRESIDING OFFICER (Mr. do is let this bill come up for a vote bipartisan deal we are all working to UDALL of New Mexico). Without objec- and pass it and middle-class families get to. tion, it is so ordered. can go into these holidays with the cer- My colleague in the House of Rep- f tainty they deserve. resentatives, Minority Leader PELOSI, I want to be very clear about some- is circulating a discharge petition to MIDDLE-CLASS TAX CUTS thing because some of my Republican bring the Senate bill to the House Mrs. MURRAY. Mr. President, mid- colleagues seem intent on confusing floor. I strongly support this move, and dle-class families in our country today the issue. Republicans do not have to I urge House Republicans to sign on are paying very close attention to what support taxes going up on the rich in and allow this legislation to come to we are doing here in Washington, DC. order to vote for our bill to keep taxes the floor for a vote. They really understand what is at low on the middle class. Let me repeat Democrats have proven we are will- stake. They know the impact our deci- that. Republicans can believe that the ing to make the tough compromises sions will have on their lives, and they Bush tax cuts for the rich should be ex- that a balanced and bipartisan deal keep hoping their elected officials will tended, they can remain committed to will require. And we have been very finally come together around a budget fighting for that misguided policy, in clear we will not allow Republicans to deal that works for them. my opinion, and they can still vote on push through a bad deal that forces Less than a month ago, we concluded the portion of the tax cuts we all agree seniors and the middle class to bear an election season that engaged our should be extended for the middle this burden all alone. Nation in a conversation about this class. Then middle-class families would I am hopeful Speaker BOEHNER and very issue. Candidates for the Presi- win, we would have worked together to House Republicans will decide to stop dency and for the Senate on down all extend tax cuts for 98 percent of work- holding the middle class hostage, allow laid out their positions on some of the ers and 97 percent of small business the Senate bill to come to the floor, key questions we are now hoping to an- owners. Then when the middle class is put it up for a vote, and give our mid- swer. Should the middle-class tax cuts taken care of, I would be happy to en- dle-class families the tax cuts on which be extended? Should the Bush tax cuts gage my Republican colleagues in a de- we all agree. on the rich end? Should we end the bate about extending the Bush tax cuts I yield the floor. Medicare guarantee for our seniors and for the top 2 percent. I suggest the absence of a quorum. the next generation? But the first step, the most obvious The PRESIDING OFFICER. The Well, those big questions were dis- step, is for the Republican House to clerk will call the roll. cussed, argued, and clear positions take the 98 percent both sides agree on, The assistant legislative clerk pro- were taken, and voters went to polling pass our Senate bill, and send it to the ceeded to call the roll. places on election day to render their President for his signature. Mr. COONS. Mr. President, I ask verdict. The outcome was clear. Can- Recently there have been some unanimous consent that the order for didates who stood for the middle class cracks in the Republican rhetorical the quorum call be rescinded. won. Candidates who advocated for our armor that has held fast against com- The PRESIDING OFFICER. Without seniors came out ahead. And in exit promise for years. More and more Re- objection, it is so ordered. polls across the country, voters made publicans have begun to accept in their f very clear that they strongly supported rhetoric what Democrats—and, frank- MALI the idea that the wealthy should pay ly, every bipartisan group that has ex- higher tax rates and their fair share. amined this issue—have known all Mr. COONS. Mr. President, I rise And everyone—Democrat, Repub- along: A deficit deal is going to have to today to address a challenging situa- lican, Independent; wealthy, low in- be balanced. It is going to have to in- tion in Mali. Mali is a west African come, middle class; students, workers, clude new revenue from the wealthiest country, a country of nearly 1⁄2 million retirees; older, younger, and in be- Americans. square miles, a vast country that tween—everyone supports extending Grover Norquist calls these ‘‘impure stretches from the Sahara Desert to the tax cuts for the middle class. No- thoughts,’’ but to most Americans it is the Niger River area and is home to body thinks the taxes should go up for common sense. Now the onus is on Re- roughly 15 million people. Yet it is not 98 percent of our workers and 97 per- publicans—and especially their leader- at the top of the list of concerns for cent of our small business owners. ship—to follow this encouraging rhet- many Americans. This ought to be easy. The American oric with some action. So far that has This spring, back in March, a rogue people just weighed in supporting a been lacking. element in Mali’s security forces continuation of the Bush tax cuts for The lengths to which Republicans are launched a coup and forcefully over- the middle class. It is a policy Demo- now going in order to protect the rich threw a longstanding, democratically crats and Republicans agree on, and it from paying higher rates would be elected government in the nation of would cushion millions of middle-class comical if it were not so detrimental. Mali, our ally. This may seem incon- families across the country from a sig- They say they have accepted that rev- sequential to the average American, nificant portion of the upcoming so- enue needs to be on the table, but then but it could have big implications for called fiscal cliff. the proposal that Speaker BOEHNER our security, as well that of our re- So why isn’t it already in law? Why made to the President would actually gional and global allies, because in the aren’t middle-class families already cut rates for the rich. It lacks any de- power vacuum created in that spring able to feel confident in their taxes not tails about where that claimed revenue coup, al-Qaida saw an opportunity, and going up? Well, for one reason, and one would come from. And just as inde- they stepped in. Three different ex- reason alone. House Republicans con- pendent analysts confirmed about the tremist groups, all linked to or continue to hold the middle class hostage Ryan plan, and just as we saw in the trolled by al-Qaida in the Islamic in a desperate and deeply misguided at- Romney plan, when you are talking Mahgreb, or AQIM, now control an area tempt to buck the will of the people, about simply closing loopholes and the size of Texas in the northern part ignore the results of this election, and ending deductions, either the math of Mali. They succeeded in fracturing a protect the wealthiest Americans from does not add up or the middle class formerly stable democracy and con- paying their fair share. That is all ends up bearing the entire burden. tributing to broad security, political, there is to it. Republicans are tying themselves in and humanitarian crises that I believe If Republicans truly cared about knots to avoid the obvious: The easiest have grave implications for the Sahel keeping taxes low for the middle class, way to raise revenue from the wealthi- region and for America’s interests. To they can do it right now. The Senate est Americans is simply to allow the put it simply, this matters. passed a bill that would extend the tax Bush tax cuts for the top 2 percent to Mali, a relatively strong democracy cuts for 98 percent of families and 97 expire as scheduled. That is what the for more than two decades and an ally

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.036 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7427 to the United States, is now embroiled in Mali, we must ensure that we don’t with regional partners in the inter- in turmoil. The United States, in part- miss the bigger picture of what this national community to address all the nership with the international commu- situation means for the future of Mali, security, political, and humanitarian nity, must show leadership in helping to our allies, and to our security. crises unfolding in Mali. Effective, in- it rebuild its democracy and restore its The U.N. Security Council is now clusive elections early next year territorial integrity by reclaiming considering what they call a concept of should be one goal but not the only northern Mali from terrorists and ex- operations for an African-led military one. We also have to address the ongo- tremists. So this morning, as the chair operation. The United States can and ing humanitarian crisis of the 400,0000 of the African Affairs Subcommittee of should play a more active role in sup- displaced persons and refugees, the the Foreign Relations Committee, I porting this and preventing the coun- more than 4.5 million people in need of chaired a hearing to assess the develop- try from becoming a permanent home emergency food aid in the region, and ments and the path forward for U.S. for extremists and a safe haven for ter- the security crisis of terrorists control- policy in Mali. rorists. ling an area this large. What I heard from our experts, from An active role does not mean putting To bring long-term peace and sta- the Department of Defense, from the American boots on the ground. Instead, bility to Mali and to ensure northern State Department, from the USAID, as we can provide operational support for Mali doesn’t slide into being the base well as a range of outside experts and a regionally led, multilateral, African- of operations for the next al-Qaida at- one witness who testified from led force being organized by ECOWAS, tack on our allies, our interests Bamako, the capital of Mali, was of the Economic Community of West Afri- abroad, or even the United States, we real concern to me. can States, and the African Union. In can’t afford to ignore any of the pieces Northern Mali today is the largest the weeks ahead the U.N. Security of this complex puzzle. The United terrorist-controlled area in the world. Council will likely vote on a resolution States simply cannot afford, despite In the north, extremists have imposed authorizing this coalition to lead a the many distractions and other prior- a harsh and strict version of Sharia or military intervention to dislodge the ities facing us, to ignore Mali. Islamic law and committed gross viola- terrorists in the north. We have seen I pledge to work in close partnership tions of human rights. Many folks have models like this work in Cote d’Ivoire with my colleagues in the Senate and heard of Timbuktu but don’t know that and Somalia, so there is reason to be- with my friends on the Senate Foreign it is an ancient city in northern Mali, lieve in the potential of a regional Relations Committee to ensure an ef- a site where these Islamic extremists military solution to the security crisis fective engagement by the United have behaved much as the Taliban did in the north. States in this important area. However, even if this intervention in Afghanistan before 9/11. They de- I yield the floor. works, it will take time to train, equip, stroyed sacred religious and historic f artifacts in Timbuktu, imposing a and assemble the regional force and to develop the appropriate plans for what harsh version of Sharia that has meant EXTENSION OF MORNING HOUR happens during and after a military amputations, stonings, violations of Mr. WHITEHOUSE. Mr. President, I intervention. Frankly, Mr. President, women’s rights of free speech, religious ask unanimous consent morning busi- security and stability can’t be restored exercise of rights, fundamentally ness be extended until 2 p.m., with Sen- to Mali with military action alone. The changing the tolerance and exclusive ators permitted to speak therein for up current crisis is as much about govern- history of Mali. to 10 minutes each. This created a humanitarian crisis as ance as it is about security. A stronger The PRESIDING OFFICER. Without Malian democracy is the best way to more than 400,000 Malians have fled, ei- objection, it is so ordered. ensure security and societal gains in ther internally displaced within Mali The PRESIDING OFFICER. The Sen- the short term and the long term, but or going into neighboring countries as ator from Rhode Island. democracy doesn’t just begin or end refugees. f With growing ties between these ter- with an election. One of the reasons Mali’s democracy rorists and Nigeria, Libya, and CLIMATE CHANGE crumbled so quickly was that Malians throughout the region, AQIM, we be- Mr. WHITEHOUSE. Mr. President, didn’t feel connected to, represented, lieve, may now use its safe haven in last week I came to the floor and spoke or well served by their government. northern Mali to plan for regional or about our Nation’s military and intel- Voter turnout in the last few elections transnational terrorist attacks. Just as ligence leaders acknowledging, along was lower and lower, with the govern- with our Nation’s scientific leaders, we should not have ignored development viewed as corrupt, social services the clear evidence that carbon pollu- ments in Afghanistan, which seemed a not benefiting the relatively sparsely tion is changing our climate. Unfortu- remote and troubled country when the populated north, and institutions na- nately, there continues to be some con- Taliban took it over more than a dozen tionwide that were weak. years ago, so too we would ignore the The political and security challenges fusion among many Americans regard- chaos in northern Mali at our peril. in Mali are two sides of the same coin; ing the clear scientific consensus, but In fact, Secretary Clinton has said they are not separate issues. I will urge that is confusion caused by coordinated that Mali has now become a powder that we break down silos between de- and deliberate attempts to mislead the keg of potential instability in the re- partments and agencies in our govern- American people. gion and beyond. The top American ment and take a comprehensive view. For more than two decades now, the military commander in Africa, GEN If we focus on the political only and climate denial movement has been Carter Ham, said publicly just this insist on Mali moving forward briskly well-organized and funded by the fossil week that al-Qaida is operating ter- with an election even when the secu- fuel industry and conservative rorist camps in northern Mali and is rity situation will prevent most north- ideologues and foundations. The mis- providing arms, explosives, and financ- ern Malians from meaningfully partici- sion of these paid-for deniers is to ing to other terrorist groups in the re- pating, I think we risk unintentionally ‘‘manufacture uncertainty,’’ to manu- gion. So I believe it is critical that the strengthening the hands of those who facture doubt so the polluters can keep United States has a strong and com- want to ensure that Mali’s regional di- on polluting. prehensive policy to deal with this vide is permanent and hand a symbolic This isn’t a new strategy. We have threat. victory to al-Qaida. seen self-serving strategies such as this I am concerned that the current U.S. On the other hand, if we rush forward before. These strategies questioned the approach may not be forward leaning with a security solution, with a re- merits of requiring seat belts in cars. enough to address all three crises—se- gional military intervention before it They questioned CFCs causing deterio- curity, political, and humanitarian—in is adequately planned, before they are ration of the ozone layer. They ques- a coordinated, comprehensive, and ef- responsibly trained and equipped, we tioned the toxic effects of lead expo- fective way at the same time. Given risk defeat on that front as well. sure for children. They questioned the compelling U.S. interest in sta- I think we can and should do better. whether tobacco was really bad for peo- bility, security, and good governance We can work closely with our allies, ple—the same strategy to manufacture

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.037 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7428 CONGRESSIONAL RECORD — SENATE December 5, 2012 doubt, and often, actually, the same creasing. When averages change, ex- phere. The final classic is that more cast of characters was involved. tremes usually change with them, and carbon in the atmosphere is good be- While the Congress of the United a warming climate, to use the best ex- cause it provides more food for plants, States has been distracted and deceived ample, loads the dice—loads the dice the old plant food theory. by these ploys, climate change marches for extreme weather. The fact is we have changed the com- on. The laws of chemistry and the laws So let’s look at some of the games position of our atmosphere, pushing of physics don’t care about the non- that the deniers display to try to ma- the concentration of carbon dioxide be- sense we are up to in this building. nipulate public opinion. One gimmick yond the range it has been in for 8,000 They do what the laws of chemistry they have reverted to is the observa- centuries. For 8,000 centuries, it has and physics say. Precious time is wast- tion that there has been no warming been between 170 and 300 parts per mil- ing. In the balance hangs lives and trend in the last 10 years—no warming lion. For the first time this past year, jobs. This nonsense has gone on long trend, they say, in the last 10 years. it touched 400 parts per million in the enough. In 2010, a Republican Senator said: I Arctic. To give a time scale of what The public is being misled. Special- don’t think that anyone disagrees with 8,000 centuries means, the practice of interest dollars pull the strings of so- the fact that we actually are in a cold agriculture has been around for about phisticated campaigns to give the pub- period that started about 9 years ago. 100 centuries. That is 8,000 centuries in lic the impression that there is a real Well, let’s look at the facts. Let’s this safe zone of carbon concentration scientific debate regarding whether cli- start with the green line on this graph. of our atmosphere, with only 100 cen- mate change is happening. Well, there The green line is the global surface turies of those with the human species, isn’t. There just isn’t. The real sci- temperature data. It is not a protec- even farmers. Modern humans began to entific debate is about how bad the tion, it is not a hypothesis, it is a migrate out of Africa 600 centuries ago. changes will be. measurement. This is global surface Once again, 8,000 centuries of this safe Here is one example out of my home temperature data. As you can see, it climate belt of carbon concentration State, the Warwick Beacon, in an arti- changes monthly. and 600 centuries of our species leaving cle entitled, ‘‘Sandy: A wake up call to The red line that goes through it is Africa and migrating to populate the climate change.’’ It describes the head the trend line that is mathematically rest of our planet. Homo sapiens, our of our Coastal Resources Council, say- developed from that data. That trend species, appeared around 2,000 centuries ing—he is talking about the sea level line is the product of basic and undeni- ago. rise: able mathematics. We are messing with planetary con- I can tell you that it is real. I can’t tell The trend is extremely clear. centrations of atmospheric carbon that you how fast or how bad it is. So let’s look at what the deniers do go back four times longer than our spe- That is what I said. The real sci- with the very same data. Here they cies has inhabited this planet. In all entific debate is actually about how take the very same data, and the green that time, in those 8,000 centuries, the bad the changes are going to be. line is unchanged. It is exactly the Earth has never reached carbon dioxide To manufacture doubt to allow the same data, and this is how they get to concentrations as we have caused now polluters to keep polluting, skeptics saying that we have had a cooling pe- through human activity. with little training in climate science riod for the past 10 years. They pick a Deniers also tend to just flat ignore are promoted as experts. Front groups high point, and they pick a low point the facts they can’t explain away or such as the Global Climate Coalition, out of this data, and they say that is gimmick the data for. For example, the Information Council for the Environ- their 10-year cooling period. increased acidification of the oceans, ment, Heartland Institute, Annapolis The problem is, if you go back, here that is something that is simple to Center and Cooler Heads Coalition are is another one, here is another one, measure. It is undeniably chemically created or enlisted to propagate this here is another one, and here is an- linked to carbon concentrations in the message of doubt. Deniers question the other one. It is interesting how all the atmosphere. So we hear nothing about motives and engage in harassment of cooling periods stack up to an increase. ocean acidification from the deniers. the real credentialed climate sci- It is a little bit like—who was the But ocean acidification is possibly the entists. guy on the radio? He explained some- most disastrous consequence of our Well, for the record, there has been thing to you, and it didn’t seem quite carbon pollution. The rate of change in scientific debate regarding climate right. Then he would say: ‘‘Paul Har- acidity of our oceans is already change. Ideas have been tested, theo- vey, what’s the rest of the story?’’ thought to be faster than at any time ries have been ventured, and the evi- So the rest of the story is that if in the past 50 million years. dence keeps coming back to the same someone picks one piece of data out of I was talking a moment ago about conclusion: Increased carbon dioxide in a line that is going like this and then being outside a boundary of carbon the atmosphere from human-related they go forward and pick a lower one concentration or atmosphere that has sources is strengthening the green- later, they can manufacture the hy- persisted for 8,000 centuries. We are house effect, adding to recent warming pothesis there has been no warming talking now about a rate of change of and acidifying the oceans. trend in the last 10 years. But if we do acidity in the ocean that hasn’t been Actually, the evidence coming in it legitimately, if we run an actual seen on this planet in the past 50 mil- tends to confirm the worst and most trend line with mathematical precision lion years. A paper published this dangerous projections. Claims, for in- through the data, it shows this theory March in ‘‘Science’’ concluded the cur- stance, that solar activity is causing is nothing but misleading bunk—mis- rent rate of carbon dioxide emissions recent global warming, and even about leading bunk—designed for the purpose could drive chemical changes in the whether the atmosphere is really of creating confusion. ocean unparalleled in the last 300 mil- warming, have been settled. But when This period, of course, is only a re- lion years. the scientific research doesn’t work cent portion of the temperature record. We are effecting changes in our at- out for the skeptics, they turn to straw When skeptics and deniers look deeper mosphere and in our oceans that only man arguments. One straw man is that into the past, they find even more compare to ancient periods of geologic extreme weather events such as hurri- strawmen—that the Earth’s climate al- time. When we consider the implica- canes and droughts aren’t proof of cli- ways changes; that it has been warmer tions for food security, biodiversity, mate change. in the past. Yes, the Earth has seen dif- and ocean-based industries, we cannot Well, let’s be clear. No credible ferent climates in the past, not all ones ignore these changes in our oceans. source is arguing that extreme events we would necessarily want to live in, Coincidentally, just last Friday, the are proof of climate change. But ex- by the way. The reason we know about National Oceanic and Atmospheric Ad- treme events are associated with what these climates is because of the excel- ministration proposed listing 66 species has been staring us in the face for lent work done by scientists—the same of coral as endangered or threatened years: The average global temperature scientists who tell us that recent cli- and cited climate change as driving is increasing, average sea level is ris- mate change can only be explained by three key threats: disease, warmer ing, and average ocean acidity is in- increased carbon dioxide in the atmos- seas, and more acidic seas.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.039 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7429 It might be worth reminding the bill—and he worried about it ‘‘creating Jackson-Vanik Repeal and Sergei deniers what NASA says. The National a more precarious future for our chil- Magnitsky Rule of Law Accountability Aeronautics and Space Administra- dren.’’ Act of 2012. Because of scheduling con- tion—NASA—says this about climate The minority leader has said this cerns, I am speaking on this in morn- change and our global temperature ris- about the stimulus effort to get our ing business, and that will allow time ing. economy back on its feet: ‘‘This needs for other Members to speak. All three global surface temperature re- to stop for the future of our country I come to the floor today to support constructions show that Earth has warmed and for our children and for our grand- this bill. It has a very important two- since 1880. Most of this warming has oc- children.’’ fold purpose: It approves normal trade curred since the 1970s, with the 20 warmest When it is the deficit, he has urged us relations with Russia, and at the same years having occurred since 1981 and with all ‘‘to make sure we have the same kind time the legislation insists that the 10 of the warmest years occurring in the past of country for our children and grand- Russian Government adhere to the rule 12 years. Even though the 2000s witnessed a solar output decline resulting in an unusu- children that our parents left for us.’’ of law. It does so by putting con- ally deep solar minimum in 2007–2009, surface He has even talked about ‘‘the sequences in place for those in Russia temperatures continue to increase. Europeanization of America,’’ and as a who abuse basic human rights. On ocean temperatures and sea level result of that Europeanization of Granting PNTR to Russia is a big win rise, NASA said: America—whatever that is—he has for Americans. If Congress does not act, American workers, including mil- The oceans have absorbed much of this in- said, ‘‘Our children and grandchildren creased heat, with the top 2,300 feet showing could no longer expect to have the lions employed by small businesses, warming of 0.302 degrees Fahrenheit since same opportunities that we’ve had.’’ stand to lose out to foreign competi- 1969. Global sea level rose about 6.7 inches in On virtually every traditional anti- tors as Russia opens its market as a the last century. The rate in the last decade, Obama Republican tea party bugbear— new member of the WTO. however, is nearly double that of the last Medicare, ObamaCare, the stimulus, Many in my home State of Mis- century. the deficit, even this Europeanization sissippi and around the country deserve On ocean acidification, this quote of America—out come the children and to benefit from increased trade that from NASA: grandchildren. Let’s assume they are this new relationship would bring. Since the beginning of the Industrial Revo- sincere. Let’s assume they have a sin- More jobs and greater economic growth lution, the acidity of surface ocean waters cere concern for what we are leaving to are our potential rewards here in the has increased by about 30 percent. This in- our children and grandchildren. United States. Last year Mississippi’s crease is the result of humans emitting more So when it comes to big corporate $55 million in exports to Russia helped carbon dioxide into the atmosphere. polluters of today leaving our children support an estimated 170 jobs. Cer- Let me say that again: and grandchildren a damaged and more tainly this number needs to grow, and This increase is the result of humans emit- dangerous planet, where then is the I believe it will under this legislation. ting more carbon dioxide into the atmos- concern for those children and grand- Yet in realizing the immense trade phere. The amount of carbon dioxide ab- children? To have children and grand- potential at hand, we cannot ignore the sorbed by the upper layer of the oceans is in- urgent need to address serious concerns creasing by about 2 billion tons per year. children pay for the care of their about Russia’s appalling human rights NASA scientists put a man on the grandparents through Medicare and So- cial Security is some kind of sin or record. Most agree that the Jackson- Moon. NASA scientists have a rover Vanik amendment currently in place is right now driving around on the sur- outrage, but to force on those same children and grandchildren the untold an outdated restriction on trade which face of the planet Mars. They are not could hurt American competitiveness. the quacks. Our Nation’s best and costs and consequences of the harms done by today’s corporate polluters, But repeal alone will not suffice when brightest minds accept the evidence of dealing with a country that continues climate change and they are urging us what do they have to say about that? For that, the future generations’ inter- to protect corrupt officials, and that is to act. what the Russian Government con- Yet still, for some in this body, the ests receive nothing from the Repub- lican Party but stony silence or phony tinues to do. deniers carry the day. Why? In a week- The Sergei Magnitsky Rule of Law end editorial entitled ‘‘Flight from and calculated denial. But the cost will be on them. The Accountability Act is a necessary re- Facts’’—‘‘Flight from Facts’’—my placement for Jackson-Vanik. The leg- home State Providence Journal said: cost of our negligence and folly in not addressing our carbon pollution will islation targets human rights violators [The] GOP is winning the race to avoid evi- fall on our children and our grand- by imposing restrictions on their finan- dence—some of this escapism based on a de- cial activities and travel. It recognizes sire to hold on to what had been comforting, children. The cost will be on them and if error-based, traditional beliefs, and some the shame will be on us. that the privilege of using America’s of it to avoid policies that might be eco- I yield the floor, and I suggest the ab- banking system and acquiring a U.S. nomically and otherwise inconvenient. sence of a quorum. visa should be denied to those who dis- Whatever the reason, the price of our The PRESIDING OFFICER. The grace human dignity and justice. folly will be very high for future gen- clerk will call the roll. Facts need to be retold today about erations. The bill clerk proceeded to call the the case of Sergei Magnitsky after One of the things I have noticed on roll. whom this legislation is named. Sergei this floor is that when it is a question Mr. WICKER. Mr. President, I ask Magnitsky was a lawyer and partner of putting the cost of taking care of unanimous consent that the order for with an American-owned law firm their grandparents on our children and the quorum call be rescinded. based in Moscow. He was married and grandchildren, oh, how the Republican The PRESIDING OFFICER (Mr. had two children. In his investigative crocodile tears flow about that unfair CARDIN). Without objection, it is so or- work on behalf of the Hermitage Fund, burden on children and grandchildren. dered. the largest foreign portfolio investor in In one of their attacks on Medicare and Mr. WICKER. I ask unanimous con- Russia, Mr. Magnitsky uncovered the Social Security, which the Republicans sent to speak as if in morning business largest tax rebate fraud in Russian his- like to call entitlements, we heard for up to 6 minutes. tory. He found that Russian Interior this: The PRESIDING OFFICER. Without Ministry officers, tax officials, and or- We have got a serious spending problem objection, it is so ordered. ganized criminals had worked together here . . . and we need to have an impact on f to steal $230 million in public funds. entitlements . . . if we’re going to have enti- In 2008 Mr. Magnitsky voluntarily tlements for our children and grandchildren RUSSIA TRADE RELATIONS gave sworn testimony against officials when they reach retirement age, we have got Mr. WICKER. Mr. President, in a few from the Interior Ministry, Russian tax to change the trajectory. moments the distinguished chair of the departments, and the private criminals The minority leader has also spoken Finance Committee and the Senator whom he discovered were complicit in about what appears in his remarks to from Utah will commence debate on the fraud. A month later, instead of be the health care bill—the ObamaCare H.R. 6156, the Russia and Moldova being commended for doing the right

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.040 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7430 CONGRESSIONAL RECORD — SENATE December 5, 2012 thing, Mr. Magnitsky was arrested in efforts to use the Magnitsky Act as a I would be remiss, however, if I didn’t front of his wife and children and way to protect human rights globally. say a word about what consumed us placed in pretrial detention. He was The Magnitsky Act is a simple yesterday with the vote on the disabil- held without a trial for 1 year. The straightforward call for justice. It sig- ities treaty. It is certainly a moment Russian Federal Security Service nals to the world that America will up- that stands out in my memories of my deemed Mr. Magnitsky was a flight hold its commitment to the protection time in the Senate. I can’t think of any risk to prolong his detention, based on of human rights and the rule of law. It other time when a former majority false claims that he had a U.K. visa ap- is a tool that could be extremely pow- leader has come to the floor—a vet- plication. erful in penalizing human rights viola- eran—who sought to have his col- While in custody, Mr. Magnitsky was tors everywhere. Many of us had hoped leagues join together in supporting tortured by officials, hoping he would to achieve a bicameral consensus in ap- something that would improve the withdraw his testimony, and falsely in- plying the Magnitsky Act globally. Al- lives of people with disabilities. criminate himself and his client. Re- though global language is not included I am not going to go back and fusing to do so, his conditions and his in the House bill being considered reargue it now. That would be fruitless health worsened. He stayed in an over- today, sanctions against human rights and I think not helpful to where we crowded cell with no heat, no sunlight, violations in Russia and within the want to move to. What we want to and no toilet. The lights were kept on Russian Government are still an im- move to is a place where we can pass throughout the night to deprive him of portant victory. It moves us in the this. I can say—I believe this—I can sleep. Mr. Magnitsky lost 40 pounds right direction. say to Senator Robert Dole that we and suffered from severe pancreatitis I hope we can work in the next Con- will pass the disabilities treaty and we and gallstones. gress to consider broadening the reach will pass it, I believe, early next year. Months went by without any access of the Magnitsky Act. Russia is not I base that on the fact that some Sen- to medical care. Despite hundreds of alone in its human rights abuses and ators had difficulties with the fact that petitions, requests for medical exam- the United States’ unwavering stance we are in a lameduck session and they ination and surgery were denied by against corruption should not stop had signed a letter which, regrettably, Russian Government officials. So were there. some of them didn’t digest completely family visits. After his arrest Mr. PNTR with Russia is an important but nevertheless signed, saying they Magnitsky saw his wife once and never vehicle for American trade and it wouldn’t take up a treaty in a lame- again saw his children. should serve as a reminder of our coun- duck session and I think some felt On November 13, 2009, Sergei try’s role in promoting the advance- compelled by that and others felt com- Magnitsky’s condition deteriorated ment of human rights. At the same pelled by other things. dramatically. Doctors saw him on No- time, I remain committed to sup- But here is what I think we can do. vember 16. He was transferred to a porting this role as we move forward. Starting next year, I believe we can Moscow detention center that had med- Mr. HATCH. I suggest the absence of move to additional hearings that can ical facilities and, instead of being a quorum. make crystal clear to all colleagues treated there immediately, he was The PRESIDING OFFICER. The the state, as it may not have been yes- placed in an isolation cell, handcuffed, clerk will call the roll. terday in some cases, with respect to beaten, and subsequently Sergei The bill clerk proceeded to call the both the law and the facts as it applies Magnitsky died. roll. to persons with disabilities. I pledge After his death, Russian officials re- The PRESIDING OFFICER. The Sen- now to make certain that within the peatedly denied the facts surrounding ator from Massachusetts. resolution of advice and consent, any his health condition. Requests by his Mr. KERRY. Mr. President, I ask concern that was not adequately ad- family for an independent autopsy were unanimous consent that the order for dressed—I personally believe they were rejected. Detention center officials said the quorum call be rescinded. addressed—it is possible we can find Mr. Magnitsky’s abdominal membrane The PRESIDING OFFICER. Without the language that will address the con- had ruptured and that he died from objection, it is so ordered. cerns of any Senator who yesterday toxic shock. The official cause of death f felt—whether it was the United Na- would blame heart failure. tions or homeschooling, I believe those According to the Russian State In- EXTENSION OF MORNING things can be adequately addressed. I vestigative Committee, Mr. Magnitsky BUSINESS do know a number of Senators said was not pressured and tortured but Mr. KERRY. Mr. President, I ask they would be prepared to vote for it died naturally of heart disease. The unanimous consent that morning busi- after we are out of the lameduck ses- committee said his death was ‘‘no- ness be extended until the majority sion, and I am confident we will pass body’s fault.’’ leader comes to the floor. the disabilities treaty in a different at- For 3 years not a single person has The PRESIDING OFFICER. Without mosphere and in a different time. been prosecuted for Mr. Magnitsky’s objection, it is so ordered. One of the things I learned from my false arrest, torture, murder, or for the The Senator is recognized as in senior colleague Ted Kennedy, who did massive fraud that he had the courage morning business. this for so many years, is that perse- to expose. Like many of my colleagues, f verance pays off when the issue is I continue to have real concerns about worth fighting for and we always have RUSSIA-MOLDOVA PNTR the current state of human rights and another day and another vote in the rule of law in Russia. I have come to Mr. KERRY. Mr. President, the Senate. That always affords us the op- the floor on numerous occasions de- chairman of the Finance Committee, portunity to make things right. We are manding accountability for Russia’s Senator BAUCUS, is tied up right now certainly going to try and do that. rampant extrajudicial offenses. with a scheduling conflict, working on This PNTR-Magnitsky bill is, in fact, Tragically, Mr. Magnitsky is not the the fiscal cliff issue, so he asked me if one of those opportunities where we only victim of the country’s criminal I would kick off the debate with re- can start to put the Senate on the regime. The cases of Mikhail spect to the Russia PNTR, H.R. 6156, right track, and I think all of us look Khodorkovsky and Planton Lebedev, the Russia and Moldova Jackson-Vanik forward to the chance to be able to do who remain in prison, are also poign- Repeal and Sergei Magnitsky Rule of that. ant examples of the corruption that Law Accountability Act of 2012. This bill passed the House of Rep- pervades the Russian Government. My I am very happy to do this on behalf resentatives by a huge margin of 365 to friend, the junior Senator from Mary- of Senator BAUCUS. We share a great 43. What it would do is establish per- land, has shown tremendous leadership partnership together as chairman of manent normal trade relations for Rus- on this issue and I commend him for our two committees focused on trade sia, and it would require the identifica- his steadfast dedication to the highest and on the relationship with Russia, tion and imposition of sanctions on in- standard of democracy and justice. I both of which come together in the leg- dividuals who are responsible for the have long supported Senator CARDIN’s islation today. detention, abuse and death of Sergei

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After that, the China, which has increased its share of thing to bring Russia into a rules-based Presiding Officer of the Senate at this the Russian market in each of the last system with mechanisms for peaceful, moment, the Senator from Maryland, 10 years. We don’t shy away from transparent dispute resolution. Mr. CARDIN, will lead a discussion of strong competition, but we want that There is no debate—and I think the the provisions of the act related to competition to be able to be played out Presiding Officer knows this full well— honoring the memory of Sergei on an even playing field. As long as we that the very tragic and senseless Magnitsky and combating the types of don’t have normal permanent trade re- death of anticorruption lawyer Sergei human rights abuses that led to his lations with Russia, we are Magnitsky, who died while in Russian premature and tragic death. I wish to disadvantaging ourselves. It simply custody—is simply unacceptable. It is congratulate the Presiding Officer and doesn’t make sense. Since joining the appalling, and it highlights a human salute him for his significant efforts. WTO, Russia agreed to reduce average rights problem that has grown in its He has been dogged, and that compo- tariffs on medical equipment to 4.3 per- scope, not diminished. It is one we hope nent of this legislation would not be cent and to cut its top tariffs from 15 to be able to resolve with good rela- here today if it weren’t for the efforts percent down to 7 percent. As it stands tionships and good discussions. of the Senator from Maryland. Chair- now, that is a benefit China will get Senator CARDIN, the sponsor of that man BAUCUS will then have been able and we will not. It simply doesn’t make legislation in the House and in the Sen- to return to manage the rest of the sense to anybody. ate, is going to speak shortly about it, consideration on the floor at that time. To grant Russia PNTR status re- and I will leave him to describe in full As the Presiding Officer knows, quires us to repeal the 1974 Jackson- the nature of that particular compo- Chairman BAUCUS and I lead the two Vanik amendment. A lot of our staff nent of this bill. But suffice it to say Senate committees that are charged members, I hasten to say, were not that human rights, democracy, and with overseeing the twin pillars of even born back when Jackson-Vanik transparency activists in Russia favor America’s unique role in the world. Our was put in place. Many of our col- the passage of constructive human commitment to open, transparent and leagues and a lot of our staff have stud- rights legislation in our Congress, and free markets and our commitment to ied the Soviet Union but have never ex- they also see WTO membership and in- democracy and open discourse is a perienced that period of time. What we creased trade for the United States as force for international peace. We be- are living with is a complete and total an avenue toward progress. So there is lieve our global economic interests and relic of a bygone era. no contradiction in what is happening. our foreign policy values are closely Congress passed Jackson-Vanik dur- They understand, as we all should, that tied together. They should be closely ing the Cold War to pressure the Soviet repealing Jackson-Vanik is not a blan- tied together. That is why we urge our Union to allow Russian Jews to be able ket acceptance of any particular policy colleagues to seize this opportunity to emigrate freely. It was very success- or approach in Russia. It is certainly that Russia’s accession to the World ful. It worked, and as a result, the not an acceptance of what happened Trade Organization presents for both Kremlin worked with us and others to with respect to Sergei Magnitsky and job creation and our ability to bind help Jews be able to emigrate. As a re- that is because of the Magnitsky legis- Russia to a rule-based system of trade sult, every single U.S. President has, lation. and dispute resolution. regardless of political party, waived Repealing the bill—repealing Jack- Granting Russia permanent normal Jackson-Vanik’s requirements for Rus- son-Vanik—is not an economic give- trade relations is as much in our inter- sia since 1994. The American-Israel away to Russia. To the contrary, it ests as it is in theirs. Frankly, that is Public Affairs Committee, the National represents, as I have described, an what ought to guide the choices we Conference on Soviet Jewry, and the enormous opportunity for the United make in the Senate. The upside of this Government of Israel now all support States to compete on a fair playing policy is clear on an international the repeal of Jackson-Vanik for Russia. field with other countries and to create landscape. It is one that rarely offers With too many Americans still search- more jobs in the United States. By es- this kind of what I would call, frankly, ing for jobs all across our country, our tablishing PNTR with Russia, U.S. a kind of one-sided trade deal—one manufacturing sector needs every businesses will win increased market that promises billions of dollars in new boost it can get. We cannot afford to access without giving up anything in U.S. exports and thousands of new jobs retain Jackson-Vanik any longer. This return. There would be no tariff in America. That is certainly in our in- is in America’s interest. Despite changes, no market concessions, noth- terests. progress, our trade deficit remains too ing. It, frankly, diminishes the willing- Today, Russia is the world’s seventh wide, and I think that seizing this op- ness of some hard-liners in Russia to largest economy. Having officially portunity to increase exports to Russia distort the current dialog and to dis- joined the WTO on August 22, Russia is is one very obvious way to be able to tort the possibilities of a better rela- now required by its membership in the make concrete progress in reducing tionship, which we want with Russia. WTO to lower tariffs and open to new that trade deficit. By taking this away, we will reduce imports. That sudden jump in market U.S. exports to Russia total more the abuse of Jackson-Vanik as a rhe- access is, frankly, important to any than $9 billion a year. Establishing torical tool to rally anti-American sen- country that is the first country PNTR for Russia could double that timent in Russia. I believe we can do through the door, and if we don’t pass number in just 5 years, according to something very important here today this trade legislation, we will not be one recent study. That could mean and both our economy and our foreign among those countries. thousands of new jobs across every sec- policy will be better for the effort. I can tell my colleagues Massachu- tor of our economy. With the Russian I yield the floor. setts, speaking for my State, welcomes economy’s impressive growth, it is ac- The PRESIDING OFFICER (Mr. access to the Russian market, and we tually—Russia is expected to outgrow MERKLEY). The Senator from Utah. want that access to be played out on a Germany by about 2029, so it is steadily Mr. HATCH. Mr. President, we will level playing field. The State of Massa- growing in the world marketplace. The soon vote on H.R. 6156, the Russia and chusetts exported $120 million worth of long-run gains for everybody would be Moldova Jackson-Vanik Repeal and goods to Russia last year, and those ex- even greater. Sergei Magnitsky Rule of Law Ac- ports obviously support hundreds of None of us is going to suggest that countability Act of 2012. The trade ele- jobs. But if we don’t pass this bill, every issue with respect to Russia has ments of the bill are identical to legis- those exports will face competition been resolved. We know there are still lation which passed the Senate Finance from other countries that will not pay points of tension, and some of them in Committee by unanimous vote on July

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.045 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7432 CONGRESSIONAL RECORD — SENATE December 5, 2012 18, 2012. The bill repeals the application we insisted on more. Working side by There were many other gaps in Presi- of the Jackson-Vanik amendment to side with our Senate and House col- dent Obama’s Russia policy. To help Russia and Moldova, which will enable leagues in both parties, we drafted a fill these gaps, I worked with my Sen- U.S. workers and job creators to fully bill which serves our economy and re- ate Finance Committee colleagues to benefit from Russia and Moldova’s ac- places the application of the Jackson- add provisions to the permanent nor- cession to the World Trade Organiza- Vanik amendment with policies more mal trade relations bill introduced by tion. The bill will also put into place appropriate for the realities in Russia our chairman, Mr. BAUCUS, that ad- new tools to help stop human rights today. We should all be justly proud of dress a number of these issues. abuse and battle systemic corruption our bipartisan effort. Basically, the bill First, I worked with Senator KYL to within Russia. we will vote on fills many of the gaps develop language to further advance After 18 years of hard fought negotia- in President Obama’s policy toward anti-corruption efforts in Russia by re- tions under both Republican and Demo- Russia. quiring the U.S. Trade Representative cratic administrations, President For example, rather than ignore con- and the Secretary of State to report Obama finalized the terms of Russia’s tinuing human rights abuses and cor- annually on their efforts to promote accession to the WTO on November 10, ruption in Russia, my friends and col- the rule of law and U.S. investment in 2011. Russia was invited to join the or- leagues, Senators MCCAIN and CARDIN, Russia. We also included a provision to ganization on December 16, 2011, and joined together with many others to assist U.S. businesses, especially small officially joined in August of this year. craft a bill to help combat deep-rooted businesses, to battle corruption in Rus- Now that Russia is a member of the and institutionalized corruption within sia by requiring the Secretary of Com- WTO, for our workers to benefit Con- Russia. This bill became the Sergei merce to devote a phone hotline and se- gress has no choice but to extend per- Magnitsky Rule of Law and Account- cure Web site to allow U.S. citizens and manent normal relations to Russia ability Act. By the end of this debate, businesses to report on corruption, through repeal of the application of the the American people will be intimately bribery, and attempted bribery in Rus- Jackson-Vanik amendment. familiar with the name Sergei sia and to request the assistance of the Russia is now a member of the WTO, Magnitsky. U.S. Government if needed. but they are under no obligation to ex- Briefly, Sergei was a Russian tax I was also highly disappointed that tend the economic benefits of their lawyer investigated by the Russian the administration did not finalize an membership to the United States un- Government for alleged tax evasion SPS equivalency agreement with Rus- less we have permanent normal trade and fraud. In reality, Sergei was tar- sia before agreeing to let them join the relations. Simply put, if Congress does geted by government officials for his WTO. Under an SPS equivalency agree- not act, our workers and exporters will role in uncovering tax fraud and cor- ment, Russia would recognize our food be at a serious disadvantage in trying ruption within the Russian Govern- safety standards as equivalent to its to export their goods and services to ment. Sergei was arrested and held for own, thereby reducing costs and bur- the Russian market, and that will cost 11 months without trial. While in pris- densome paperwork on U.S. exporters. us jobs at home. Given our weak eco- on, Sergei was subject to mistreatment Today’s bill requires the Trade Rep- nomic recovery, if it is a recovery, it is and torture and was eventually beaten resentative to continue efforts to nego- critical that Congress does everything to death. Unfortunately, such sad sto- tiate a bilateral SPS equivalency it can to help U.S. workers to compete. ries are all too common in Russia agreement with Russia. In an effort to There are many economic benefits to today. apply continued pressure on the admin- Russia’s WTO accession. Under the Rather than tolerate such injustice, istration to resolve these problems, we terms of its accession, Russia must cut my friends, Senators MCCAIN and included language requiring the Trade tariffs on manufactured products, re- CARDIN, introduced legislation to im- Representative to report to Congress duce duties on farm products, open its pose sanctions on individuals respon- annually on Russia’s implementation service markets to U.S. firms, meet sible for, or who benefited financially of its WTO sanitary and phyto-sanitary international intellectual property from, the detention, abuse, and/or obligations. rights standards, and reduce customs death of Sergei Magnitsky, as well as Intellectual property rights protec- clearance fees. If Russia fails to meet other human rights abusers. Their ef- tion in Russia remains poor. To make any of its commitments, Russia will be forts resulted in the inclusion of provi- sure that Russia meets its commit- subject to WTO dispute settlement pro- sions in this bill which impose visa re- ments in this area, we included lan- ceedings. strictions and asset freezes on those in- guage requiring the Trade Representa- Russia is an attractive market for volved in human rights abuses in Rus- tive to report annually on Russia’s American exporters. It is the world’s sia. compliance with its WTO intellectual 11th largest economy with more than This will be a powerful new tool to property rights obligations. As part of 140 million consumers and the last battle corruption within Russia, as cor- its accession package, Russia com- major economy to join the World Trade rupt Russian officials will no longer be mitted to joining the WTO Information Organization. American companies and able to travel to the United States or Technology Agreement. Once they are workers must compete on a level play- hide their ill-gotten gains in many a member, this agreement will allow a ing field with their foreign competitors Western institutions. number of additional U.S. high-tech- in Russia to succeed. The Magnitsky Act represents an ad- nology products to be exported to Rus- When President Obama first asked mirable replacement of the Jackson- sia duty free. Unfortunately, Russia Congress to remove Russia from long- Vanik amendment, and it is designed has to date failed to fully live up to standing human rights legislation and to address the situation in Russia this commitment, even though Russia grant permanent normal trade rela- today. President Obama opposed efforts became a member of the WTO in Au- tions for Russia, he suggested that we to include these provisions, concerned gust. To ensure that the administra- do it unconditionally. Even before Rus- that holding Russian Government offi- tion holds Russia’s feet to the fire, the sia joined the WTO, President Obama cials accountable for their crimes Trade Representative must report an- and his team argued that Congress might offend President Putin and un- nually on Russia’s compliance with should quickly pass a clean bill. Given dermine the administration’s ill-con- this commitment as well as its com- the myriad problems we have with Rus- ceived reset policy. mitment to join the WTO Government sia, it has always been very hard for I am proud that my House and Sen- Procurement Agreement. me to understand this position. Presi- ate colleagues stood firm on the side of When Ambassador Ron Kirk testified dent Obama and his team appeared al- justice and demanded that these provi- before the committee in June, he com- most manic in their attempts to avoid sions be included. Jackson-Vanik mitted to continue efforts to develop offending President Putin and his gov- served its purpose with respect to Rus- an intellectual property rights action ernment or doing anything at all to sia and should be revoked, but in its plan which implements Russia’s obliga- upset their failed reset policy. place we should respond to Russia’s tions under a 2006 bilateral IPR agree- Fortunately, just as Congress did in continued corruption and human rights ment with the United States. That 1974 when they created Jackson-Vanik, violations. agreement goes beyond Russia’s WTO

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.050 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7433 commitments, requiring, among other floor and my colleagues here who are culture. Ranching is a major driver of things, that Russia take enforcement for this bill—in support of this bill. our agricultural economy. When Mon- actions against Russia-based Web sites I yield the floor. tana ranchers can sell more beef in posting infringing content, implement Mr. CARDIN. I suggest the absence of Russia, they can support more workers the World Intellectual Property Orga- a quorum. in Montana. It is that simple. It is a nization copyright treaty and perform- The PRESIDING OFFICER. The similar story in States all across our ances and phonograms treaty, and clerk will call the roll. country. enact a system of data exclusivity for The assistant bill clerk proceeded to I know that passing PNTR will not pharmaceuticals. call the roll. solve all of our trade problems with I understand the administration is Mr. BAUCUS. Mr. President, I ask Russia, but it gives us new tools to working on completing that action unanimous consent that the order for tackle these problems, such as binding plan quickly and that our workers will the quorum call be rescinded. dispute settlements. Thanks to the ef- soon be able to benefit from the agree- The PRESIDING OFFICER. Without forts of Senators HATCH, STABENOW, ment reached in 2006. To ensure that objection, it is so ordered. ROCKEFELLER, BROWN of Ohio, and oth- this is the case, this bill requires the Mr. BAUCUS. I understand we are, in ers, this bill includes strong measures administration to continue efforts to effect, debating Russian PNTR. Robert to ensure Russian compliance with its finalize that agreement. Louis Stevenson once said, ‘‘The mark WTO obligations and that the adminis- Russia’s WTO commitments go far of a good action is that it appears inev- tration enforces them. beyond intellectual property rights. itable in retrospect.’’ When I traveled This legislation also includes the Given President Obama’s past reluc- to Russia in February, many doubted Sergei Magnitsky Rule of Law Ac- tance to hold Russia accountable for that Congress would establish perma- countability Act to help fight criminal its actions, I wanted to make a tool nent normal trade relations, known as rights abuses in Russia. In 1974, Sen- available to Congress and the Amer- PNTR, with Russia this year. But in ator Jackson and Congressman Vanik ican people to put pressure on the ad- July the Senate Finance Committee teamed together to pass legislation ministration to make sure that Russia unanimously approved legislation to do called the Jackson-Vanik bill, which lives up to its international commit- just that. And last month the House of this legislation repeals. Jackson-Vanik ments. So we included language which Representatives passed very similar addressed one of the biggest human provides an opportunity for public Russia PNTR legislation with 365 ‘‘yes’’ rights abuses in Russia at that time. comment and hearings on Russia’s votes. Passing PNTR clearly is a good And it succeeded. For the last 20 years, compliance with its obligations. If action for the United States. It is also Jews have been able to freely emigrate there are areas where Russia is not in an obvious one. Why obvious? Jobs. from Russia, what Jackson-Vanik was compliance with its obligations, the PNTR will mean more job opportuni- trying to address. administration is required to develop ties for American farmers, ranchers, Jackson-Vanik is outdated. Jews can an action plan to address them and businesses, and workers. emigrate from Russia and this is no then provide an annual report on their Russia is a fast-growing market. For longer an issue. Senator CARDIN has enforcement efforts to bring Russia the United States to share in that courageously pushed the Magnitsky into compliance. growth, we must first pass PNTR. If we legislation for years. I commend him. I believe this package of modifica- do, American exports to Russia are The Magnitsky provisions in this legis- tions vastly improves the bill. The projected to double in 5 years. When lation address one of the biggest Trade Representative’s general counsel Russia joined the World Trade Organi- human rights abuses in Russia today. apparently agrees, stating during con- zation in August, it lowered its trade The bill would punish those responsible gressional testimony that ‘‘this bill barriers to all WTO members who have for the death of anticorruption lawyer provides the strongest package of en- PNTR with Russia. This is no small Sergei Magnitsky and others who com- forcement measures for us at USTR to matter. mit human rights violations in Russia. move forward and ensure full compli- It includes lower tariffs on aircraft It would do so by restricting their U.S. ance once Russia joins the WTO.’’ and auto exports, larger quotas for beef visas and freezing their U.S. assets. It was over 30 years ago that Senator exports and greater access to Russian Passing PNTR along with these pro- Henry Jackson and Congressman telecommunications and banking mar- visions is the right thing to do. In clos- Charles Vanik stood up to their Presi- kets. It also includes strong commit- ing, I urge my colleagues to follow the dent and demanded that the adminis- ments to protect intellectual property words of Robert Louis Stevenson and tration address policies that denied in- and to follow sound science on agricul- take good action. Every day we wait, dividuals, especially Jews, the right to tural imports. It includes greater U.S. farmers, ranchers, businesses, and emigrate from Russia and other com- transparency on Russian laws and bind- workers fall farther behind their communist nations. Their work became ing WTO dispute settlement. All very petitors. We owe it to them to pass this known as the Jackson-Vanik amend- important. legislation. We owe it to them to make ment. The policies embodied in that One hundred fifty-five countries al- it inevitable. amendment helped create the environ- ready receive these benefits in Russia. I yield the floor and I suggest the ab- ment for literally hundreds of thou- They receive those benefits right now. sence of a quorum. sands of Jews to emigrate from the That is to say, every single member of The PRESIDING OFFICER. The former Soviet Union, many of them to the World Trade Organization—all 155 clerk will call the roll. their homeland of Israel. countries—except one, the United The assistant bill clerk proceeded to Jackson-Vanik served its purpose in States of America, receives those bene- call the roll. Mr. BAUCUS. Mr. President, I ask Russia, but today we act to address the fits. So right now, companies and unanimous consent that the order for issues on the ground in Russia as we workers in China, Canada, and Europe the quorum call be rescinded. debate this bill. Today Congress will can take full advantage of these export The PRESIDING OFFICER. Without once again lead the way to help shape opportunities in Russia, the world’s objection, it is so ordered. the future of U.S.-Russian relations. sixth largest economy. But U.S. com- Mr. BAUCUS. Mr. President, I won- Approval of this bill will help establish panies and workers cannot. der if the Senator from Ohio is ready to a framework for addressing the myriad We cannot let this stand. When Rus- speak? economic problems we face with Rus- sia joined the World Trade Organiza- Mr. BROWN of Ohio. Yes. sia’s Government. If the administration in August, we Americans gave up Mr. BAUCUS. How much time does tion uses these tools effectively, we nothing. We will give up nothing if we the Senator wish to have? will see the fruits of our efforts, as we pass PNTR legislation now. We change Mr. BROWN of Ohio. Five minutes. one day work side by side with a Russia no U.S. tariffs, we change no U.S. trade Mr. BAUCUS. I ask unanimous con- free from corruption and in full compli- laws. This is a one-sided deal in favor sent that the Senator from Ohio be al- ance with its international obligations. of American exporters. lowed to speak for 5 minutes. I urge my colleagues to join me—and In my home State of Montana, one The PRESIDING OFFICER. Without my colleagues on the other side of the out of five 5 jobs today is tied to agri- objection, it is so ordered.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.051 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7434 CONGRESSIONAL RECORD — SENATE December 5, 2012 Mr. BROWN of Ohio. Mr. President, lations or failing to follow the rule of trade can be an instrument for improv- the bill extending permanent normal law might take place, we can ensure ing human rights and the rule of law. trade relations to Russia is a positive that our trade relations with Russia PNTR now includes the important step for American business and Amer- put our interests first to build con- Magnitsky legislation, which will im- ican workers. I have been critical of fidence, that our government can en- pose travel and financial penalties on both Democratic and Republican ad- force the rules. Again, prior to poten- officials responsible for human rights ministration approaches to trade nego- tial misbehavior—as we saw with abuses abroad. I commend Senator tiations and enforcement in the past. I China—we will likely not see this from CARDIN for his leadership on this issue, think the improved enforcement re- Russia because of this. Similar to any on this important amendment. porting requirements in this legisla- trade agreement, commitments must As the administration looks ahead to tion are a step in the right direction be adhered to; otherwise, they are not trade initiatives such as TPP and the toward monitoring and toward enforce- worth negotiating. United States-European Union Trade ment of Russia’s commitments made as As an additional measure of commit- Agreement, Congress can take steps part of its new membership in the ment, I appreciate the administration’s now, new steps, to assure the benefits World Trade Organization. response to my request. Senior per- of expanded trade reach workers, reach For too long, both Democratic and sonnel at the Office of the U.S. Trade small manufacturers, not just large Republican administrations have nego- Representative, at USTR, who have corporations. Several colleagues and I tiated trade agreements that under- served our government in Russia and have proposed legislation updating our mine rather than maximize American are fluent in Russian are held account- negotiating objectives on labor, on the job creation. Too often these agreeable for monitoring Russia’s compli- environment, on import safety, and to ments have failed to demand that our ance with its WTO commitments. restore congressional oversight to fu- partners follow the same rules we do. Again, this is something we didn’t do a ture trade negotiations to agreements Too often our government has not held decade-plus ago with the People’s Re- and especially to their enforcement. It our trade partners accountable when public of China. is time we practice trade so it achieves they do not meet commitments to Japan and Europe have already real results for middle-class families in which they have already agreed. We threatened to take Russia to the WTO promoting job creation. have seen this in our trade relationship over a number of unfair trade restric- While the Russia PNTR represents a with China for more than a decade. tions, including on autos. The United positive step forward, we must build on From currency manipulation to intel- States will need to be vigilant on these this step to ensure that over the long lectual property theft, to failing to issues as well. This work that Chair- term, promises made are promises offer reciprocal access to its govern- man BAUCUS did, that the House Ways kept. ment procurement market, to hoarding and Means did, and the administration The PRESIDING OFFICER. The Sen- rare earth materials, the People’s Re- has done and will continue to do gives ator from Arizona. public of China has ignored its inter- us that opportunity to be more vigilant Mr. KYL. Mr. President, tomorrow national commitments and obligations. and more effective. this body will vote to advance legisla- For more than a decade, American Our workers, our farmers, our ranch- tion that will grant permanent normal workers and manufacturers, especially ers, and producers should have con- trade relations with Russia and, in so in a State such as mine, Ohio, have fidence that the trade deal signed will doing, repeal the Cold War-era Jack- paid the price. There were thousands of actually be enforced. For companies in son-Vanik sanctions that denied most- lost jobs, a trade deficit that grew from my State, such as Proctor & Gamble, favored nation status to China. $83 billion in 2001 to $295 billion in 2011 Goodyear or Alcoa, that stand to ex- As part of this comprehensive pack- and a deficit in auto parts alone that port more goods to Russia because of age, the Senate will also pass the so- went from about $1 billion a decade ago PNTR, enforcement of the rules mat- called Magnitsky bill. This piece of leg- to about $10 billion today. ter. Whether economic opportunities islation was inspired by a young Rus- More recently, though, President for our businesses and our workers sian attorney, Sergei Magnitsky, who Obama stood up to China issues on from Russia’s PNTR, we can’t ignore died in police custody in 2009 after he steel, which led to a new steel mill in the Russian Government’s consolida- was jailed on trumped-up charges for Youngstown, OH; more steel jobs in tion of power and crackdown on polit- exposing a vast web of corruption and Cleveland and Lorain, OH; on tires, ical opponents, including the Russian tax fraud by some of Russia’s most sen- which have translated into more jobs media. Despite these challenges, ior officials. in Findlay, OH; and on aluminum, though, we should not turn our backs Sergei’s story, extensively reported which has meant more jobs in Heath as Russia continues breaking free from and documented by human rights ac- and Sidney, OH. That is obviously good its totalitarian past. These are strong tivists, business leaders, journalists, news in my State and around the coun- economic and democratic forces that and others, helped stir a bipartisan try. But our experience in China proves are moving forward in Russia. These group of Senators led by our colleague we must more closely monitor our forces for change must be supported Senator BEN CARDIN to draft legisla- trade partners’ commitments before and must be allowed to grow. We must tion to hold accountable officials from workers and businesses are injured by not forget how far Russia has come or all over the world who disregard basic them. how far it has to go. human rights and fail to uphold the As part of its WTO accession, Russia About 40 years ago, Senator Jackson rule of law, including those responsible committed to lower tariffs on manufac- from Washington State and Congress- for the murder of Sergei Magnitsky. tured goods to ensure predictability by man Vanik from my State of Ohio—the Unfortunately, the legislation before capping quota levels and to meet inter- son of a Cleveland butcher—offered an us is deficient. While I do not intend to national standards on intellectual amendment to a trade bill that used make perfection the enemy of the property rights. I am pleased to see the the leverage of the U.S. market to deny good, this bill falls short of the long- legislation extending Russia PNTR in- favorable trade status. standing objective of this body to dem- cludes enforcement measures much The PRESIDING OFFICER. The time onstrate a sustained commitment to stronger than the China PNTR, several of the Senator has expired. the long tradition of U.S. leadership in based on legislation I introduced ear- Mr. BROWN of Ohio. Mr. President, I the fight against corruption and lier this year. ask unanimous consent for 1 additional human rights abuses around the world. By requiring the U.S. Trade Rep- minute. Regrettably, the House-passed bill resentative to monitor Russia’s com- The PRESIDING OFFICER. Without deals only with Russian officials. pliance with its WTO obligations to objection, it is so ordered. Sergei Magnitsky’s story could have publish an annual report and our ac- Mr. BROWN of Ohio. This was to been lost. It was kept alive by impas- tions to promote compliance and estab- deny favorable trade status to coun- sioned and inspired friends and sup- lish a formal and public process for tries that restrict immigration. Jack- porters in Russia. workers to weigh in on Russia’s son-Vanik became antiquated more But from Pyongyang to Minsk, to progress in anticipation and before vio- than a decade ago, but it proved that Harare, and elsewhere, there are many

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.061 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7435 who remain voiceless under despots For the information of all Senators, Let me just say I expect my good and strongmen and lack the advocates we expect a rollcall vote on the nomi- friend, the majority leader, to decline and resources to detail their abuses nation of Michael Shea, a district court this chance to support the President and seek justice, whether through doc- judge for the District of Connecticut, and this laughable proposal because umentary film or newspaper stories. at approximately 5:30. they know it couldn’t even pass if it That is why the Senate bill went be- We will go into executive session at 5 was sent to their majority. yond the particular case of Sergei and move toward that. The PRESIDING OFFICER. The ma- Magnitsky. Much like Jackson-Vanik f jority leader. forced Budapest, Warsaw, and Moscow Mr. REID. I reserve the right to ob- UNANIMOUS CONSENT to allow citizens to freely emigrate or ject. AGREEMENT—H.R. 6156 travel, I believe a global approach Just a minute ago, Mr. President, I would help to deter future abuses Mr. REID. Mr. President, I ask unan- moved to the Russia trade bill. The throughout the world. I am puzzled imous consent that no amendments be purpose of moving this bill is to pro- and, frankly, disappointed that our in order to H.R. 6156; that following the tect American jobs. If we don’t do this House colleagues did not recognize our reporting of the bill, there be up to 5 legislation, we will lose American jobs government needs tools that will allow hours of debate, equally divided by the for sure and put American companies it to stand up for these individuals re- two leaders or their designees during in even worse shape than they are with gardless of where they are in the world. today’s session; that on Thursday, De- Chinese and European companies. So Because some have elevated the sub- cember 6, at a time to be determined the question is really this: Are we ject of commerce above human rights, by the majority leader, after visiting going to get serious here and legislate there is a view that it is more impor- with and consulting with the Repub- or is this more of the obstructionism tant to pass PNTR than a global lican leader, there be up to 10 minutes we have felt so much of during this last Magnitsky bill; thus, we should settle of debate, equally divided by the two Congress? The answer to that is really for a Russia-only bill. While the Jack- leaders or their designees; and that obvious. The answer is yes. Are we son-Vanik sanctions we are about to upon the use or yielding back of time going to continue the sort of political repeal have obviously outlived their the Senate proceed to vote on passage stunts the minority leader is trying to usefulness, there is an urgent need for of the bill. pull here and now? The PRESIDING OFFICER. Is there additional tools to protect the invisible On the substance, the Senate has objection? around the world. passed a bill that will go a long way to The minority leader. I hope our collective failure to give address the fiscal cliff. It has already voice to their struggles, except in Rus- Mr. MCCONNELL. Mr. President, reserving the right to object, last week, passed here. Last July the Senate sia, will not discourage these brave passed a bill to continue tax cuts for 98 men and women, whether in Beijing, Secretary Geithner brought up for the President an offer that was so not seri- percent of all Americans and 90 percent Tehran or elsewhere, from their contin- of all American small businesses. If the ued efforts to root out corruption or ous it makes me wonder what the point of it was. In light of that offer, I would Republican leader were serious about expose rule of law abuses. preventing us from going over the fis- For now, at least, we address the like to see if our Democratic friends are willing to support it. It includes a cal cliff, he would urge his colleague, problem in Russia. While I will not be the Speaker, to get the House to take here next year, I hope my colleagues in $2 trillion tax increase over 10 years, which would be the biggest real-dollar up the Senate-passed bill now. There both the House and Senate will seek to are Republicans who have already said uphold U.S. values and to do justice to tax increase in U.S. history. It increases taxes on nearly 1 million small that is the right thing to do. Conserv- Sergei Magnitsky and his legacy by atives, more moderate Republicans—we passing a global bill sometime in the businesses and increases the taxes paid by family farmers and small businesses even had one Republican Senator today future. say she thinks that will happen and it The PRESIDING OFFICER. The Sen- at death in the middle of a jobs crisis. Most outrageous of all, it gives the should happen. ator from Maryland. In the meantime, the Republican Mr. CARDIN. Mr. President, first, let President of the United States unilateral power—unilateral power—to raise leader’s request is just a stunt. But the me thank Senator KYL for his leader- election is over. It is time to get down ship on this issue. He knows I share his the limit on the Federal credit card, to business. These pieces of paper he views on the global aspect of the legis- the so-called debt ceiling, whenever he has—Secretary Geithner didn’t bring lation. I wish to thank him for his ex- wants, for as much as he wants. I don’t think we should have to spec- that stack of stuff to me. It was a pri- traordinary leadership as we have been ulate how Democrats might feel about vate meeting—a private meeting—try- working this issue. We have worked it this. I think we should give them a ing to work something out with this hard to try to get as far as we possibly chance to demonstrate for themselves very troublesome issue facing this could. He will be missed in the next how serious the President’s plan was country—the deficit, the debt. And this Congress. and how serious they are. We will take up this cause again, but private meeting turned out to be a pub- I would like to ask consent to offer licity stunt for the Republicans talking I wanted to thank Senator KYL for his an amendment to the Russia trade commitment on this issue and finding about what he had said in private. bill—this is Secretary Geithner’s pro- So, Mr. President, I object. a way that we could advance this bill posal right here—an amendment to the The PRESIDING OFFICER. Objec- to the floor. I do look forward to the Russia trade bill that gives our friends tion is heard. day we will make this bill global. on the other side of the aisle a chance Is there objection to the original re- I suggest the absence of a quorum. The PRESIDING OFFICER. The to vote on this proposal Secretary quest? clerk will call the roll. Geithner brought up last Thursday. It The Republican leader. The assistant bill clerk called the gives the President’s proposal to solve Mr. MCCONNELL. Mr. President, I roll. the fiscal cliff, as delivered by Sec- would add one comment about the con- Mr. REID. Mr. President, I ask unan- retary Geithner and outlined in the sent I just offered. I think it would not imous consent that the order for the President’s budget, an opportunity to be inaccurate to assert that the pro- quorum call be rescinded. be voted upon. posal the Secretary of the Treasury The PRESIDING OFFICER. Without I should note I would be happy to brought up last Thursday would not objection, it is so ordered. have this vote right here or as an have passed the House when NANCY f amendment to the next bill or as a PELOSI was Speaker. This was an stand-alone. It will not slow down what unserious proposal. And I can under- ORDER OF BUSINESS I hope is swift passage of PNTR for stand why my good friend the majority Mr. REID. As provided under the pre- Russia. If this proposal was made in leader would rather not vote on it be- vious order, at 5 p.m., the Senate will good faith, our friends on the other cause I can’t imagine that it would get proceed to executive session to con- side, I am sure, would be happy to vote many, if any, votes here in the Senate sider Calendar No. 676. for it. as well.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.063 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7436 CONGRESSIONAL RECORD — SENATE December 5, 2012 Having made that point, with regard This is an idea opposed by Democrats rather take the country off the cliff to PNTR for Russia, when the two par- and Republicans alike. It is a power than actually work out a good-faith ties first sat down to discuss the so- grab that has no support here, and so it agreement that reflects tough choices called fiscal cliff, it was widely as- is not only completely dishonest, it is on both sides. sumed among Republicans that Presi- juvenile to compare it to last year’s To be fair to the Secretary and to the dent Obama and Democrats actually debt ceiling agreement. It would also President, we didn’t just put together a wanted to avoid it. That was the be incredibly irresponsible since his- bill that included his $2 trillion tax in- premise on which any possible agree- tory shows that the only major deficit- crease, we also added the almost $400 ment hinged. That was the common cutting deals we ever do around here— billion in new tax stimulus measures goal—or so we thought. Over the past ever—come after debates over the debt he wanted as well. This bill contains a couple of weeks, it has become increas- ceiling. It may be a good idea if you continuation of the payroll tax holi- ingly clear to many of us that we were don’t care about the debt, but it is a day, a 10-percent credit on new wages simply wrong about that. Incredibly, nonstarter for those of us who do. It that will go to businesses large and many top Democrats seem perfectly also represents a dangerous attempt by small, and it included a fix to one of happy—perfectly happy—to go off the the President to grab more power over the many flawed provisions of cliff. That is why the President has spending—power Congress must not ObamaCare, an expansion of the tax been more interested in campaign ral- and will not cede. credit for businesses that no one uses. lies than actually negotiating a deal, Beyond these details, not only would This proposal reflected exactly what and it explains why the President is the President’s plan raise taxes on cer- was in the President’s budget and his now stubbornly insisting on raising tax tain individuals, it would also cap their various submissions to Congress. I, for rates when he himself said just last ability to deduct donations they make one, was eager to see this vote, to see year that you could raise more revenue to charities, the interest they pay on if Senate Democrats were ready to sup- from capping deductions and closing mortgages, the contributions they port it. I think folks should know who loopholes. make to retirement accounts, and the actually wants to raise taxes on family Look, this isn’t about the deficit for value of employer-based health insur- farmers and manufacturers and who them or balance. It is about an ideolog- ance. Don’t get me wrong, you have thinks we can solve our fiscal problems ical campaign most Americans thought heard me say that if Democrats insist without doing anything serious to our would have ended on November 6. And on getting more money to Washington, real long-term liabilities. that is also why the President sent capping these deductions is a better Our Democratic friends are so fo- Secretary Geithner up here last week way to raise revenue, but capping de- cused on the politics of this debate with a proposal so completely ridicu- ductions and raising taxes is a recipe that they seem to forget there is a lous it wouldn’t have passed the House, for economic disaster. cost. They are feeling so good about as I indicated earlier, if NANCY PELOSI The President’s proposal would also the election, they have forgotten they were still Speaker. It was more of a subject tens of thousands of small busi- have a duty to govern. A lot of people provocation than a proposal, to be per- nesses and family farms to a massive are going to suffer—a lot—if we go off fectly frank about it. It was a message tax hike to be paid by the family upon this cliff. That is why we assumed that the President really doesn’t want the deaths of the owners. It would im- Democrats would have preferred to to deal at all. pose a crushing tax increase on indus- avoid it. We thought this was the per- To date, not a single Democrat has tries that employ millions of Ameri- fect opportunity to do something. Ap- come forward to support the Geithner cans, including manufacturers in my parently, we were wrong. proposal, and anybody who looks at the State, businesses that operate abroad, I yield the floor. details would certainly understand the insurance industry, and would raise The PRESIDING OFFICER. Is there why. As I just indicated, it includes a the price at the pump by targeting the objection to the original request? $2 trillion tax increase over 10 years— oil and gas industry for special tax Hearing none, it is so ordered. the biggest real-dollar tax increase in treatment. The majority leader. U.S. history. It increases taxes on It is so ridiculous, as I have said re- Mr. REID. Mr. President, there is no nearly 1 million small businesses in the peatedly, it wouldn’t have passed the Geithner proposal. This is all made up. middle of a jobs crisis. According to House under Speaker PELOSI, and that Mr. President, I remember Dorothy Ernst & Young, this type of rate hike is why even the most liberal Members in ‘‘The Wizard of Oz’’—I think she was would cause more than 700,000 Ameri- of Congress, the President’s most ar- from Kansas and she wound up in Oz. cans to lose their jobs. It raises taxes dent supporters, haven’t come forward We are here in Washington, DC, and on investment income, harming eco- to support it. So for the White House yet suddenly we are in Oz—a real nomic growth even more. It includes to demand a response shows they are strange place. tens of billions of dollars in more just playing games at this point. The Republican leader is an expert in Washington spending in a deal sup- If you don’t believe me, ask yourself ways to kill legislation, and people who posedly to cut the deficit. And most this: How many Democrats would vote are watching can see he is trying to outrageous of all, it gives the President for this bill? Not many. But I didn’t torpedo the fiscal cliff negotiations of the United States unilateral power think we should have to speculate. I which are ongoing. to raise the limit on the Federal credit still think we should give Democrats a Republican Senators have spoken to card—the so-called debt ceiling—when- chance to demonstrate for themselves people in the White House today. This ever he wants, for as much as he wants. just how serious the President’s plan is no serious way to negotiate, out here While I am flattered that the admin- was and how serious they are. on the Senate floor. At the end, the Re- istration has taken to calling this the That is why I just asked consent to publican leader is complaining because ‘‘McConnell provision,’’ they seem to offer an amendment to the Russia President Obama wants the rich to pay have forgotten how this provision trade bill that gave them that oppor- their fair share, and as usual Repub- worked in the Budget Control Act. Yes, tunity. As I noted, I would be happy to licans are defending the rich, holding we gave the President the authority have this vote here or as an amend- tax cuts for the middle class hostage. then to request a debt ceiling increase, ment to the next bill or as a stand- At the first of the year, unless we but that was only after the White alone. It will not slow down what I work something out, taxes will go up House agreed to $2 trillion in cuts to hope is swift passage of PNTR for Rus- for people making less than $250,000 a Washington spending and agreed to be sia. If the President’s proposal was year, an average of $2,200 each—not per bound by the timing and amount set by made in good faith, our friends should family but each person. The Senate has Congress. be eager to vote for it. So I am sur- already passed the centerpiece of Presi- This time, the request is for the prised the majority leader just declined dent Obama’s offer, and his offer has President to have the ability to raise the chance for them to support it with always been the same. the debt ceiling whenever he wants, for their votes. I guess we are left to con- We are not going to go through the as much as he wants, with no fiscal re- clude that it couldn’t even pass by a same thing we have gone through here sponsibility or spending cuts attached. bare majority of votes and they would for years where we lay out different

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.064 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7437 ways to cut spending and there is never would be glad to wait with my remarks the fruits of your corruption. We are any revenue. The President has made it until the Senator from Maryland com- going to deny you the opportunity to very, very clear. They have already pletes his. And how much time, could I hold your illegal gains in our banking passed the President’s proposal, which ask, of my colleague? system—which is where they prefer; is to make sure people making less Mr. CARDIN. I think my initial com- they don’t want to hold rubles, they than $250,000 a year are not burdened ments would be about 10 minutes. want to hold dollars—and that we will with an extra $2,200 each after the first Mr. MCCAIN. And I would have about not let you have a visa, a privilege, to of the year. That passed in July. The 10 minutes, if that is agreeable to my visit our country, to visit your prop- House could take that up. Every Demo- friend from Connecticut—who, obvi- erty in our country or your family in crat in the House has agreed they will ously, is jobless and homeless. So I ask this country. It targets the individuals vote for that. We need only 25 or 26 Re- unanimous consent that the Senator who committed the gross human rights publicans in the House to make life from Maryland make his remarks, fol- violation, and it recognizes the failure something that is stable for people lowed by mine, and then the Senator of the host country to deal with those making less than $250,000 a year. from Connecticut. violations. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there I want to thank all those who have ator from Arizona. objection? been involved in the development of this legislation. Senator MCCAIN has Mr. MCCAIN. Mr. President, may I Without objection, it is so ordered. been one of the great leaders on these ask my friend from Maryland if he has The Senator from Maryland. human rights issues. This is not a par- spoken on the Magnitsky portion of Mr. CARDIN. Mr. President, first, let tisan division. We have strong bipar- this bill? me thank Senator MCCAIN for not just tisan support. I have already acknowl- The PRESIDING OFFICER. The Sen- working this out but for his leadership edged Senator KYL, who recently ator from Maryland. on this issue. He has provided the spoke. I know Senator WICKER took the Mr. CARDIN. We have not yet gotten moral leadership we need on dealing floor a little earlier and I thank him, to the bill. I believe we are now pre- with human rights issues. He is a co- the ranking member on the Helsinki pared to go to H.R. 6156. I know the sponsor of the Sergei Magnitsky Ac- Commission. I want to thank Senator Senator from Connecticut would like countability Act, and I thank him for SHAHEEN, the chair of the European to speak for 5 minutes, and I was hop- that. Today we close a chapter in the U.S. Subcommittee of the Senate Foreign ing we could get some time where we Relations Committee for her work, and could go back and forth and talk about history on the advancing of human Senator BOB MENENDEZ on the Foreign the Magnitsky aspects of that legisla- rights with the repeal basically of Jackson-Vanik. It served its purpose. Relations Committee. All those indi- tion now. viduals were very instrumental in deal- Am I correct, Mr. President, that the Today, we open a new chapter in U.S. leadership for human rights with the ing with this. Senator DURBIN has been bill has not yet been reported or it will a real champion on human rights. I be reported now and that perhaps we Sergei Magnitsky Rule of Law Ac- countability Act. want to acknowledge Kyle Parker, can enter into a consent agreement as staff person from the Helsinki Commis- to the next 30 or 40 minutes? As the Presiding Officer has heard, this involves a lawyer named Sergei sion, who was very instrumental in the f Magnitsky who had U.S. interests that development of this legislation. I want CONCLUSION OF MORNING he was representing in Russia. He dis- to also acknowledge Senator LIEBER- BUSINESS covered the largest tax fraud in Rus- MAN’s work. I know he will be speaking sia’s history. He did what a lawyer in a few minutes. The PRESIDING OFFICER. Morning It was Senator LIEBERMAN, Senator should do: He brought it to the atten- business is closed. MCCAIN, and myself who first suggested tion of the authorities. that we should pass the Magnitsky bill. f As a result of his bringing this cor- It is the right thing to do, but we cer- RUSSIA AND MOLDOVA JACKSON- ruption in local government to the au- tainly shouldn’t let PNTR go without VANIK REPEAL AND SERGEI thorities, he was arrested. He was tor- attaching the Magnitsky bill. I thank MAGNITSKY RULE OF LAW AC- tured because they wanted him to re- Senator LIEBERMAN and Senator COUNTABILITY ACT OF 2012 cant what he had said. They wanted MCCAIN for raising that connection. It him to basically not tell the truth. He The PRESIDING OFFICER. Under was the right thing to do. First, it al- refused to do that. He needed medical the previous order, the Senate will pro- lowed us to get this human rights tool attention; he was denied medical atten- ceed to consideration of H.R. 6156, enacted. Secondly, I think it gave us tion; and on November 16, 2009, he lost which the clerk will report by title. the best chance to get the PNTR bill The assistant bill clerk read as fol- his life in a Russian prison, being de- done in the right form. So I thank both lows: nied the opportunity to get needed of them for their leadership. health care. He was 37 years old, with a A bill (H.R. 6156) to authorize the exten- In 1974, we passed the Jackson-Vanik sion of nondiscriminatory treatment (nor- wife and two children. Those who were law that dealt with the failure of the mal trade relations treatment) to products responsible for his death and those who Soviet Union to allow for the emigra- of the Russian Federation and Moldova and were responsible for the coverup have tion of its citizens, affecting mainly to require reports on the compliance of the never been brought to justice. They Soviet Jews. It was controversial in its Russian Federation with its obligations as a have gone unpunished, and in some time. People said, Why are we con- member of the World Trade Organization, cases they have even been promoted. necting human rights to trade? Why is and for other purposes. The facts are well known. These are the United States doing that? After all, The PRESIDING OFFICER. The Sen- not hidden facts. The international trade is so important. ator from Arizona. community knows the people who were Well, we did it. It made a huge dif- Mr. MCCAIN. Mr. President, I also involved, knows about the coverup, and ference, and we were able to get Soviet note several of our friends, including knows that they have not been held ac- Jews out of the Soviet Union. We spoke Senator LIEBERMAN, who are on the countable, and this has gained inter- for Western values in our trade legisla- floor. Senator LIEBERMAN also has had national attention. That is why I filed tion. We protected the rights of indi- a major role in this legislation, and I legislation aimed at the individuals re- viduals who refused this. would ask unanimous consent that he sponsible for the Magnitsky tragedy. It When I first came to Congress 26 be included in the colloquy. says, quite clearly, that those involved years ago, I joined the congressional The PRESIDING OFFICER. Without would be held accountable by being de- caucus for Soviet Jewry. I wore the objection, it is so ordered. nied certain international rights. wrist bands of refuseniks, joined by Mr. MCCAIN. Mr. President, I ask my It also includes those involved in many of our colleagues. Twenty-five friend, Senator CARDIN, I had a state- extrajudicial killings, torture, or viola- years ago, I marched in Washington, a ment I wanted to make before the col- tions of internationally recognized march for Soviet Jews. We stood for loquy and I know the Senator has a human rights. The legislation says, basic rights, and we changed the land- statement. Since it is his legislation, I Look, we are not going to let you have scape on this issue. I had a chance to

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.065 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7438 CONGRESSIONAL RECORD — SENATE December 5, 2012 be with Natan Sharansky and celebrate right thing. The world is on notice. Moldova Jackson-Vanik Repeal and what he meant to people who loved Other countries are following our lead- Sergei Magnitsky Rule of Law Ac- freedom around the world. We initiated ership. We expect other countries will countability Act. This day has been a that with Jackson-Vanik. It was a be acting with similar standards. long time in coming, and the fact that proud chapter in American history. I might point out, as I did over 2 it has now come is thanks to the great Today we end that chapter, because years ago, there is existing authority work of many of my colleagues, and I Jackson-Vanik is no longer relevant to within the State Department to deny want to take a minute to recognize a the human rights challenges of our visas to human rights violators. I few of them personally. time. But with the passage of the think we should make that very clear First and foremost is the Senator Sergei Magnitsky Accountability Act, and we should enact a law that makes from Maryland. It is not an exaggera- we meet the challenges of our time. We it clear. We have to pass the Magnitsky tion in the least to say that, were it meet those individuals who are com- law as relates to Russia. But there is not for Senator CARDIN’s leadership on mitting gross human rights violations. authority, and we expect the adminis- behalf of human rights in Russia and This act is a global standard for the ad- tration will follow that authority. his tireless dedication to memori- vancement of human rights. I am hopeful people understand that alizing the courageous dissent of one Unfortunately, the Magnitsky trag- although the language of the law is not remarkable man—Sergei Magnitsky— edy is not unique within Russia. We as broad as we would like it to be, we would not be here today. Senator know of other circumstances within many of us consider this to be the CARDIN is the original author of the the country. We saw the results of last international standard, and we will be Sergei Magnitsky Rule of Law Ac- year’s elections and the attitude of asking to hold other countries account- countability Act. He passionately edu- government toward journalists. We able for violators of human rights that cated his colleagues about the need for need the protection of the Magnitsky that country does not deal with in de- this legislation, which is why it even- standards for human rights violations nying them the right to visit our coun- tually won 25 bipartisan cosponsors in within Russia. try or to use our banking system. the Senate. The Senator from Mary- But it doesn’t end with Russia. One last point. There are some who land has my deepest respect and grati- Human rights violations are global, say, Well, aren’t we interfering with tude for his efforts on behalf of human and we should have these tools avail- the internal affairs of a sovereign coun- rights in Russia. He has established able globally. We need to prevent Rus- try? Nothing could be further from the himself as a leading voice in our coun- sia and other countries from regressing truth. We have a right—I would say a try on these issues. I have been hon- on their commitments to human responsibility—to challenge inter- ored to be his partner in this endeavor rights. nationally recognized human rights from the very beginning as the original I must tell you, when you take a look violations in other countries. It is well lead Republican co-sponsor of the at the legislation that came out of our established. Both Russia and the Magnitsky Act. And when this legisla- two committees, S. 1039, coming out of United States are members of the Or- tion is passed, as I am confident that it the Senate Foreign Relations Com- ganization for Security and Coopera- will be, Senator CARDIN deserves all the mittee and coming out of the Senate tion in Europe. I had the honor of a credit in the world for this historic Finance Committee—I serve on both of senate chair in the Helsinki Commis- achievement. those committees—it says very clearly sion, our implementing arm. That or- I also want to recognize the efforts of that the law would apply to those re- ganization gives us the right to raise the Senator from Montana. I appealed sponsible for extrajudicial killings, tor- human rights problems in other coun- to Senator BAUCUS last year to join the ture, or other gross violations of inter- tries. We have used that to advance ef- Magnitsky Act together with the re- nationally recognized human rights forts to stop human trafficking, to deal peal of Jackson-Vanik for Russia and committed against individuals seeking with antisemiticism, to deal with cor- Moldova and the extension of Perma- to obtain, exercise, defend, or promote ruption issues in other countries. We nent Normal Trade Relations status to internationally recognized human have that right. We have that responsi- both countries. He agreed, and in a let- rights and freedoms, such as the free- bility. And our actions today are for ter to me, as well as a few of my col- dom of religion, expression, associa- the Russian people and for its govern- leagues, the Senator from Montana tion, assembly, and the rights to a fair ment. pledged to marry the 2 pieces of legis- trial and democratic elections any- I have heard from so many human lation together and to do everything in where in the world. That was the legis- rights activists in Russia, from Rus- his power to see that the Senate could lation we reported in two of our com- sian business leaders to ordinary citi- act on them together. He has been true mittees. And I might tell you, there zens, who tell me Russia can do better, to his word at every step of the way, was overwhelming support that we and they urge us to move forward with and I am pleased to stand here today as should make it global. Senator KYL the Magnitsky Accountability Act. an original co-sponsor of the repeal of talked about that, and I am sure others The United States, by the passage of Jackson-Vanik for Russia and will also. this bill, will be on the right side of Moldova, as well as the Magnitsky Act. In H.R. 6156, you will see the exact history. It will deepen our relationship Finally, the person I want to ac- language we have in our Magnitsky bill with the Russian people. Yes, we are knowledge above all is Sergei with one exception: ‘‘Anywhere in the ending a chapter with the repeal of Magnitsky—whose remarkable life and world’’ is changed to ‘‘Russia.’’ I am Jackson-Vanik, but we are starting a tragic death is the reason that brings disappointed in that, and I join with new chapter on human rights—one us here today. Sergei Magnitsky was a Senator KYL in that disappointment. I which we can be proud of where Amer- tax attorney working for an inter- think it would have been much better ica once again is establishing a basic national company, Hermitage Capital, if we would have incorporated the principle that we will not tolerate that had invested in Russia. He did not international standards and global pro- those who violate internationally rec- spend his life as a human rights activ- visions. ognized human rights standards. We ist or an outspoken critic of the Rus- I think it is very important Congress will not let them go without being held sian government. He was an ordinary pass this bill. I strongly support it. I accountable. And we certainly will not man, but he became an extraordinary support the effort to get this to the let them have the privileges of our champion of justice, fairness and the President as quickly as possible. But country if they violate internationally rule of law in a Russia where those there is a clear message here: This bill recognized human rights standards. principles have lost nearly all mean- is our standard. We will be holding Madam President, I yield the floor. ing. countries to this standard. We will The PRESIDING OFFICER (Ms. KLO- What Mr. Magnitsky uncovered was look for other opportunities to attach BUCHAR). The Senator from Arizona is that a collection of Russian govern- these provisions to other trade bills. recognized. ment officials and criminals associated We will look for other opportunities to Mr. MCCAIN. Madam President, it is with them colluded to defraud the Rus- reinstitute the global application of my pleasure to rise today to speak in sian state of $230 million. The Russian the Magnitsky standards. It is the favor of H.R. 6156—the Russia and government in turn blamed the crime

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If citizens and civil so- He was sickened by what his govern- and marginalize, and stigmatize as ciety groups in Russia do not have a ment had done, and he refused to sur- treasonous whatever independent civil path to justice in Russia, then the render principle to brute power. society organizations still remain in international community has a respon- As a result, Mr. Magnitsky was Russia. sibility to show these people that there transferred to increasingly more severe The culture of impunity in Russia can still be accountability, that there and more horrific prison conditions. He can also be seen in the government’s can still be consequences, for what was forced to eat unclean food and new and growing interpretation of its they are suffering. drink unsanitary water. He was denied law against extremism. A law that may The Magnitsky Act does that. And I basic medical care as his health wors- once have been designed to address real want to be clear: What is so important ened. In fact, he was placed in increas- concerns with terrorism and violent ex- about this legislation is that its provi- ingly worse conditions until, on No- tremism is now being broadened to put sions would not simply apply to those vember 16, 2009, having served 358 days pressure on civil society groups and re- Russian officials responsible for the in prison, Sergei Magnitsky died. He ligious minority groups, even including torture and murder of Sergei was 37 years old. the Jehovah’s Witnesses. A Russian Magnitsky; it would also apply to What is even more tragic is that the court even went so far as to classify as other persons in Russia who commit case of Mr. Magnitsky is only one of an extremist organization the punk human rights abuses. In short, this is the most extreme examples of the rock band of Russian girls that staged not just about historical account- broad and dramatic deterioration of a protest performance this year in Mos- ability; it is also about preventing fu- rule of law in Russia, and its replace- cow’s Christ the Savior Cathedral. Any ture Magnitsky cases. It is about im- ment with arbitrary and nearly un- media outlet in Russia that would dare posing consequences on all human checked state power, which is increas- to broadcast this group’s material rights violators in Russia. ingly concentrated in the hands of one could now be subject to having their The allegation that this legislation man, President Vladimir Putin. outfit closed down by the Russian infringes on Russian sovereignty is What is emerging in Russia today state. nonsense. The Magnistsky Act does not can only be described as a culture of This culture of impunity was ex- require the Russian government or impunity—a sense among those who tended even further last month in Rus- Russian citizens to do anything they control the levers of power that Russia sia’s new law against treason. That do not wish to do. It cannot force is theirs for the taking, and the only term has now been defined so broadly human rights abusers in Russia to stop question left to debate is how govern- that it allows the state to ban websites what they are doing. But if they con- ment officials and other elites will di- and impose fines, and likely worse pen- tinue, what this legislation does do is vide up the wealth, the power, and the alties, against Russians who partici- tell those individuals that they cannot spoils. This culture of impunity begins, pate in unregistered demonstrations, bank their money in the United States, first and foremost, with President who fail to register as foreign agents that they are not welcome in this Putin. He sets the tone in the country. where now required under Russian law, country, that they cannot visit this And right now, with his return to the and even to those who are suspected of country, and that they will have no ac- presidency, and with many of the ac- giving advice to foreigners. Many Rus- cess to the U.S. financial system. tions that the Russian government has sians rightly believe that this new taken recently, the signal is being sent treason law is so expansive that the Now, I know we have had a debate across the country, especially to every government can use it to stifle the le- about whether to make this bill glob- petty tyrant and aspiring autocrat in gitimate rights and freedoms of anyone ally applicable—a tool that could be the Russian state, that Putin is doing they deem to be an enemy of the state. used to apply these same kinds of pen- what he wishes. He is using the instru- This culture of impunity also extends alties to human rights abusers any- ments of the state to crush his critics. to the recent decision by the Russian where in the world. This is a worthy He is getting away with it. And you government to terminate the presence goal, and I believe we should have such can too. and all programming of USAID in Rus- a debate in the next Congress. It is im- This culture of impunity in Russia sia. Whatever the stated reason for this portant now, however, that the has been growing worse and worse over decision, there should be no doubt why Magnitsky Act remain focused square- many years. It has been deepened by it was done—to try to further isolate, ly and exclusively on Russia. That is the increased surveillance and harass- and marginalize, and emasculate civil what Russian democrats and civil soci- ment of members of opposition and society groups in Russia by denying ety groups tell me they want right civil society groups . . . by the contin- them an ability to work in partnership now. They want Congress to send their ued violent attacks on brave journal- with the United States, as many of government a message on human ists who dare to publish the truth these groups have freely done and wish rights, and by keeping the Magnitsky about official corruption and other to continue doing. Act focused for now on Russia, we can state crimes in Russia today . . . and Ultimately, this culture of impunity do just that. of course, by the continued detention in Russia is why Sergei Magnitsky is Furthermore, the administration can of numerous political prisoners, not dead. That is why, even now, no one use its own executive authority at this least Mikhail Khordokovsky and his has yet been held accountable for his time to apply similar kinds of pres- associate Platon Lebedev, who remain murder. And I suspect no one ever will. sures contained in the Magnitsky Act locked away but not forgotten. I con- What is worse, the Russian government to human rights abusers in other coun- tinue to fear for the health and safety has done the opposite: It has put Sergei tries. I, for one, will be watching close- of both men. And I pray for them. Magnitsky, a dead man, on trial, per- ly to see if they do, for many other The culture of impunity in Russia haps in an effort to prove that he got cases are crying out for greater U.S. can also be seen in Russia’s recent elec- what he deserved. They have even re- leadership on behalf of human rights. tions—the parliamentary election last quired Mr. Magnitsky’s mother and And if the administration does not December and the presidential election family to appear at the trial, which take the initiative to apply the lever- in March—which were criticized for sinks this case to a whole new low. age at our disposal to these other cases their flaws and irregularities by impar- This culture of impunity is why videos beyond Russia, that is the surest way tial, objective international organiza- are surfacing even now that document to ensure that the Congress will act to tions. It can be seen in the recent NGO the brutal conditions of Russia’s prison globalize the Magnitsky Act next year. law passed by the Russian legislature, system, and the systematic abuse and There are still many people who look which requires any civil society group torture to which detainees are sub- at the Magnitsky Act as anti-Russia. I

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I believe it is pro-Russia because tion of my co-sponsorship of this legis- deny their opportunities to come to it does not make all Russians pay for lation, and I am proud that the Senate America and use our banking system. the crimes of a small handful of cor- is now on the verge of clearing the way Mr. MCCAIN. Madam President, a rupt officials, and in this way, the for normal trade relations between the quick response to my friend from Magnitsky Act is an improvement on United States and Moldova. That small Maryland, and that is we talk a lot Jackson-Vanik and an ideal replace- country has taken enormous strides to- about the globalization. Don’t think ment for it. I believe the Magnitsky ward democratic and economic reform, that dictators, brutal rulers, and oli- Act is pro-Russia in the same way that and toward deeper integration in the garchies all over the world are not pay- Permanent Normal Trade Relations is European community. Passing this leg- ing attention to this legislation. Our also pro-Russia—because both meas- islation will be a critical vote of con- message to them is: Keep it up; you are ures are ultimately about strength- fidence in Moldova’s political and eco- next. ening ordinary Russians who long for nomic reforms and in support of its The PRESIDING OFFICER. The Sen- greater opportunity, greater freedom, democratic future. ator from Montana is recognized. and greater protections for their rights For all of these reasons, and for the Mr. BAUCUS. Madam President, be- under the rule of law. many more that I have listed with re- fore the Senator leaves the floor, I I am not under any illusion that the gards to Russia, I urge my colleagues thank him very much for his leader- passage of either the Magnitsky Act or to support this legislation. ship. He is a stalwart leader in pro- PNTR for Russia will ensure the suc- Finally, I say to my three colleagues tecting human rights all over the cess of rule of law in Russia. Not at all. on the floor, there are times when we world, but in this case Russia. I think But while both measures are very dif- do a lot of things for the people we rep- he is right in suggesting that it is a ferent and present very different kinds resent and a lot of things for the coun- good follow-on to protecting human of benefits to the Russian people—one try. I think what we are doing here, rights, and certainly in this case Rus- a material benefit, the other a moral which will be rapidly approved and has sia. benefit—both of these measures, I firm- already been approved by the House I thank the Senator very much. ly believe, are nonetheless beneficial to and will be made into law, is something Madam President, I ask unanimous Russia. Both create high standards to we are doing for people in Russia who consent that under the time to be con- which we and others can hold the Rus- need our help now, our voice and our trolled on the Democratic side, the fol- sian government, both on the trade commitment. Many of the great and lowing Senators be given the time list- wonderful ideas, promises, and pros- front and on matters of human rights. ed: Senator LEVIN, 15 minutes, and Sen- pects after the fall of the Soviet Union Both provisions create levers for inter- ator CARDIN, 50 minutes. I understand national accountability where few cur- that was the case of Russia have been that he has already used a certain dashed. Maybe we should take respon- rently remain in Russia. In other amount of time, so the total will be 50 sibility for not playing a more con- words, the Magnitsky Act and PNTR minutes. Senator DURBIN will be given structive role in the 1990s when Russia for Russia can serve as tools that will 10 minutes and Senator LIEBERMAN 10 help to empower ordinary Russians was going through a critical phase. I promise today, not just to Sergei minutes; further, all time used for de- who do not want their lives or their Magnitsky’s widow, but to all people bate on the bill earlier today during livelihoods to be determined solely by throughout Russia who will be encour- morning business be counted toward the predatory elites in the Russian aged by this message because, as they the 5 hours allocated under the unani- state. were years ago, the legislation we are mous consent agreement. Ultimately, passing this legislation now repealing, the Jackson-Vanik act, The PRESIDING OFFICER. Is there will place the United States squarely was a call to the people in Russia who objection? on the side of the Russian people and were being held under terrible condi- Without objection, it is so ordered. the right side of Russian history, which tions that they would now be able to Mr. BAUCUS. Madam President, I appears to be approaching a crossroads. freely immigrate to a land with prom- yield 10 minutes to the Senator from I remind my colleagues that today is ise of a better future. I believe that Connecticut. the anniversary of the massive protests today this legislation is one of the The PRESIDING OFFICER. The Sen- that rocked Russia one year ago. As I most important ones that in years to ator from Connecticut. Mr. LIEBERMAN. Madam President, have said before, I do not believe that come we can be proud we were a small the demand for freedom and dignity part of. I thank my friend, the chair of the Fi- that have so profoundly shaken the The PRESIDING OFFICER. The Sen- nance Committee. I thank him for Arab world are unique to that part of ator from Maryland. yielding me 10 minutes. While I am ex- the world. I think the effects of these Mr. CARDIN. Madam President, I pressing gratitude, may I express grati- upheavals will be global, because the compliment the Senator from Arizona tude to the Senator from Maryland. values and aspirations at their heart on the moral clarity of his statement. Talk about moral clarity, which is a are universal. I think this makes Mr. I think the Senator is absolutely right. term he just used for our friend from Putin and his cronies very nervous— The moral clarity here is clear: Those Arizona, he showed real moral clarity and it should. The desire for peaceful who commit gross violations of inter- for this and so many other issues. I change and democratic and legal re- nationally recognized human rights are thank him for that. form can be delayed for a time. They on notice. As the Senator pointed out, As I begin my final month in the U.S. can be delayed, but they cannot be de- this legislation applies beyond the Senate, it gives me great confidence to nied. This legislation is a vote in favor Magnitsky tragedy, it applies to Rus- know that people such as Senator of a brighter, better future for the Rus- sia, and it is a standard that we intend CARDIN and Senator MCCAIN are going sian people—a future that they can de- to use for other opportunities whether to be here to continue to hold America termine, freely and independently, for it is trade bills or other legislation. to the standard that our founding doc- themselves. I hope we will make this statutorily trines hold us to, which is to be a bea- Finally, I would be remiss if I did not global. We will have that debate at a con of human rights and a protector of conclude with a word on Moldova, be- later point. We will have other oppor- those who fight for human rights cause this legislation would also take tunities to make it clear that those around the world. So my thanks and the long overdue step of repealing who violate human rights are inter- compliments to Senator CARDIN. Jackson-Vanik for Moldova and grant- nationally recognized, that the clarity I rise to join those who are sup- ing it Permanent Normal Trade Rela- here is clear, and that there will be reporting this bill, which is two measures tions as well. This should have been percussions on the rights of our own brought together in a mutually produc- done years ago. I have been an advo- country. tive partnership. The case for granting

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In order for were the endowment of our Creator to trade, there are a lot of businesses in American companies to realize these every human being—that we have not the United States and elsewhere in the benefits, we must grant permanent and will not forget them and their world that will be hesitant to invest as normal trade relations, PNTR, to Rus- cause. We know and will remember much as they would otherwise invest in sia. For this reason the only country their names. We will stand in soli- Russia so long as the Russian Govern- that will be disadvantaged if we fail to darity with them and in support of ment is as autocratic, irrational, sup- pass this bill will be our own, and that them until they achieve their goal, pressive, repressive, and corrupt as this particularly means our own businesses. which is a goal we share. That goal is Russian Government is. So in all these Of course, that is why generally Amer- the spread of democracy and a demo- respects, I would say that the ican businesses and leading business cratic Russia that respects the rule of Magnitsky Act is a worthy successor to advocacy groups such as the chamber law, protects human rights, and is free Jackson-Vanik, which was such a cru- of commerce, in particular, have sup- of corruption. sading human rights measure in its ported this legislation so strongly. It is I want to echo what my friends said own day and, may I add, bears the also why the Governors of 14 of our a moment ago. I was thinking about it. name of a truly great Senator, Henry States, including Connecticut, and six I am not sure anybody has mentioned M. ‘‘Scoop’’ Jackson, a personal role former U.S. Trade Representatives the name of Natan Sharansky, a fa- model to me and others. Today the have urged the Senate to follow the mous Russian dissident of an earlier Jackson-Vanik amendment no longer House and swiftly pass this bill. time, a refusenik placed in a Russian makes sense because there is free emi- I also note that this legislation will gulag and who served so much time in gration from Russia; therefore, we are grant permanent normal trade rela- solitary confinement. I have had the right to lift it. But it is equally right tions to the country of Moldova, a honor to get to know him. If you read that we replace it with a law that will country that has demonstrated tre- his books, there is a very moving series address the primary human rights fac- mendous democratic progress over the of sections where he talks about the ing Russia today. May I say in repeal- past two decades. Deepening our eco- fact that when Jackson-Vanik passed ing Jackson-Vanik, we actually honor nomic ties with Moldova is good for and they learned about it, they would his proud legacy and keep it alive. American business and will help keep communicate with each other in the Just over a year ago, when the Rus- Moldova on the path of democracy as most primitive ways when news came sian people responded to a fraudulent well as development. So PNTR for Rus- in, and what an inspiration it was. In parliamentary election by taking sia and Moldova is necessary and good some sense it kept not just hope alive peacefully to the streets, the Kremlin for the United States. but kept them alive, that the U.S. Con- responded with thuggish brutality. In- For me, and I hope many others—elo- gress had adopted this law which would stead of at least respecting the legiti- quently expressed by Senator CARDIN impose penalties on the Soviet Union mate demands of his people or listen- and Senator MCCAIN—the case for this unless it allowed people to freely emi- ing to them, President Putin falsely bill is sealed because of its incorpora- grate. Disproportionately at that time accused the United States of creating tion of separate legislation, the it was dealing with Jews. this opposition in Russia and began a Magnitsky Rule of Law and Account- It was also stated that they wanted campaign of stifling dissent that con- ability Act, of which I am privileged to to leave because they were so oppressed tinues to escalate to this day. Inde- be a cosponsor. in the Soviet Union. It was actually pendent media outlets have been tar- I must say that as I look back over stated in global terms at that time. geted, including American broad- the 24 years in the Senate, which I Maybe sometime we will come back casting services. Journalists and oppo- have been doing a lot lately, there are and address that. sition activists have been harassed and not too many pieces of legislation that I remember what Sharansky said arrested and put in jail, and the Rus- I have been prouder to be associated about the day while in solitary confine- sian Duma has passed a law that grants with than the Magnitsky Act. ment somebody was able to convey to sweeping power to authorities to close As many of you know, this legisla- him by tapping pipes that President Web sites and limit freedom of expres- tion is named for a 37-year-old Russian Reagan had called Russia—and the So- sion, and another law passed by the tax lawyer named Sergei Magnitsky viet Union, really—the evil empire. Duma expands the definition of treason whose tragic murder 3 years ago is And knowing that the leader of the free so broadly that human rights groups among the most horrible examples of world—the most powerful person in the believe it could be used to punish any- corruption and thuggishness that con- world—would call out this oppressive one who questions the government. tinues to afflict Russia. Mr. Magnitsky government that had locked him up for Meanwhile, the nongovernmental or- is rightfully the namesake of this leg- no reason other than he had advocated ganization community has come under islation. It will impose a visa ban and for human rights, he said this would increasing attack. Our own Agency for asset freeze not only against those offi- sustain his hope. International Development has been cials whom we have good reason to be- In some small way I hope the passage evicted from Russia recently, and Rus- lieve are responsible for his murder, of this Magnitsky Act will do the same sian NGOs are now required by law to but also against Russian officials re- for those who are fighting for the many register as foreign agents if they responsible for any and all human rights people whose freedom of expression has ceive any money from abroad or engage abuses that are too regularly taking already been compromised by the gov- in political activity. place in that country. ernment in Russia and for the people This is a sorry state of affairs, and it Senator MCCAIN, Senator CARDIN, whose businesses have been essentially is very important that we heed Senator and I have had the privilege of meeting taken by the government. CARDIN’s call to act as best we can to with Russian dissidents, political ac- I think one of the great disappoint- speak out against it and to do some- tivists, and human rights leaders over ments over the last quarter century is thing that the dissidents of Russia the years. What they have told me and the hope that we had after the fall of have told us will really affect the elite my colleagues over and over is that the Berlin wall and the collapse of the class, the leadership class in Russia, there is one thing above all others we Soviet Union, that this great country which is to seize their assets if they are can do here in the United States to of Russia, this great people whose his- human rights violators and to prohibit help support the cause of human rights tory and culture is so proud and so them from freedom of travel. When we and the rule of law in Russia, and that strong, would finally be able to be free pass this, as I am confident we will— is to pass the Magnitsky Act. of tyranny. Well, they are freer than this is one of the days when I am sure

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But as I have traveled economic numbers even as we head to- that as U.S. Agriculture Secretary. around the world over the last 24 years, ward the fiscal cliff which could make Others here in the Congress have been I have been struck by how many places it even worse. So we need to do all we part of that as members of the Finance democracy has taken root where few can to ensure that our workers and our Committee. predicted it was possible, and the farmers have access to the 95 percent of So currently we have these trade voices of Members of Congress or Con- consumers who live outside of our bor- rules that apply to the rest of the gress as a body have encouraged the ders. That adds jobs. When companies world but not to us because Russia is dissidents to show the courage they consider whether they are going to get part of the WTO but we haven’t grant- needed to achieve what they wanted. into the export business or not, which ed this important PNTR status. So of From Indonesia to Chile, from East again creates opportunity here, they the more than 150 countries in the Germany to South Korea, authori- want to know if they are going to be World Trade Organization, we are the tarian regimes have been supplanted by treated with certainty, predictability, only ones that are outside of this flourishing free societies in just about and fairness in the marketplace. Ex- agreement at this point. American ex- every corner of the Earth. We in the porters need to know that if a country porters will only receive those benefits United States and everybody in the doesn’t play by the rules, then that with total certainty if we pass this bill world are a lot better off for it. country will then face consequences. to provide these normal trade relations Unfortunately, that can’t be said of Those consequences really are what the with Russia. If we fail to do so, we real- Russia, and that is why this Magnitsky World Trade Organization is all about. ly hold back American workers and act is so important to adopt. Despite That is why this discussion is so impor- businesses from growing in the Russian the democratic setbacks in Russia I tant, because by today or tomorrow, marketplace, which, by the way, has have just described and the repressive voting to authorize permanent normal 140 million consumers. Our European acts by its government, I remain con- trade relations with Russia, we then and Asian competitors would have that fident that the future of these great can take advantage of the World Trade reliability and certainty that we would people does not belong to those who Organization rules as they relate to lack. When Russia doesn’t play by the would impose upon them a system of Russia and to our trade with them. rules, our competitors around the globe tyranny, of corruption, of abuse with Russia joined the WTO on August 22, would be able to take them to the impunity. The future of Russia belongs and the United States was a big part of world trade court, but we wouldn’t. If to Russians who believe they have the that accession. We worked with Russia we think about it, in a way we are right to decide their destiny for them- for 18 years to ensure that they were shooting ourselves in the foot if we selves, to the Russian people who are willing to go along with certain fair- don’t move forward with permanent sick of corruption and who demand the ness provisions on trade to be able to normal trade relations with Russia. rule of law—fairness, justice under law. enter the WTO, and we need to be sure Russia is now the ninth largest econ- In short, it belongs to people like the now that we can take advantage of omy. Unfortunately, we are underper- late Segei Magnitsky, whose name will those provisions. Without passing this forming in the Russian market. The be immortalized when we pass this leg- legislation, America and our farmers United States, the world’s greatest ex- islation. and our workers could get left behind. porter, now only accounts for less than In supporting this legislation, I say By joining it, Russia did agree to abide 5 percent of Russia’s imports. Our com- to my colleagues, we stand with them by a certain set of common rules, and petitors in Europe have a 40-percent in their noble cause. That is why I hope when they break those rules, other share of the Russian market. China and I am confident that we will all join countries can then take them to holds a 16-percent share of that mar- together, Democrats and Republicans court—the World Trade Organization— ket. So, again, it is a growth economy; and an occasional Independent, and and help hold their feet to the fire. it is an economy where we have tre- pass this legislation overwhelmingly. It means Russia will be required to mendous opportunities. I thank the Chair, and I yield the better protect intellectual property I know Chairman BAUCUS talked floor. rights, which is a major concern for about this earlier today. I watched him The PRESIDING OFFICER. The Sen- U.S. companies. It means Russia must on C–SPAN where he talked about the ator from Ohio. treat fairly the highly technical serv- opportunities in this market and about Mr. PORTMAN. Madam President, I ices sector where the United States has the need for us to help our exporters rise today in support of the legislation a great opportunity, including tele- here in the United States by opening before us and in support of the com- communications, insurance, energy this potential market for our workers ments my Independent colleague from services, and retail services. There we and our farmers. We can do much bet- Connecticut just made which had to do have a lot of competitive advantages ter if we pass this PNTR bill. with the Magnitsky provision, which I and we are looking for a level playing This is certainly true in my home also support. I heard my colleague field. It means they have to give rules- State of Ohio. Ohio already exports from Arizona, Senator MCCAIN, talking based treatment to our agricultural ex- about $200 billion a year in goods to about it passionately earlier. It is an ports so they are not trumped by inter- Russia, and we want to retain those important part of this legislation. But nal Russian agricultural politics. It sales and add even more. This bill im- with regard to the trade part of the means Russia has to improve its trans- pacts a number of businesses with a legislation, I would like to say that I parency and the rulemaking process so large Ohio footprint. think this is also a great opportunity regulations are not taking place with- Caterpillar, the world’s leading man- for us. I see my colleague from Mary- out an adequate comment period and ufacturer of construction and mining land here who, along with Senator input from job creators, including equipment, is one of them. Caterpillar MCCAIN, has taken the lead on the American companies that want to do employs nearly 1,000 Ohioans, including Magnitsky provision encouraging bet- business in Russia. These were all con- in the Miami Valley in Clayton, and is ter human rights in Russia, and I think cessions that were secured, again, over a great example of the certainty the we will see over time that this will this 18-year period by the United PNTR bill will bring. With Russia’s en- have an impact globally. States and other countries, but pri- trance into the WTO, tariffs on Amer- With regard to the trade side of this marily the United States took a role ican-made Caterpillar trucks exported debate we are having today, I hope we here—Republican and Democratic ad- to Russia will fall from 15 percent to 5 all recognize that one of the great, un- ministrations alike—in ensuring that percent. That allows Caterpillar to be tapped opportunities for our economy as Russia entered the WTO, we had the much more competitive in the Russian and for adding jobs is to expand ex- opportunity to have a fair trading sys- market. For Caterpillar’s off-highway ports. We have a great, untapped po- tem with them. trucks, the tariff reductions exceed

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When Russia isn’t using their tus of the petition filed by American efit include Procter & Gamble, which veto power to support their Syrian investors in Yukos to request that the sells more than 50 brands in Russia, in- friends, they are arming the Asad dic- State Department formally ‘‘espouse’’ cluding detergents, shampoos, and dia- tatorship with over $1 billion, we are the debt—meaning to make compensa- pers. They have the leading market told, in weaponry, including attack tion for American investors a matter of share, by the way, in 75 percent of the helicopters, that they are using to con- bilateral negotiations between the categories in which they compete. tinue their terror against their own United States and Russia. Eaton, which is a company in the citizens in Syria. More than 40 bipartisan Members of Cleveland area and has thousands of Let me be clear. While I fully oppose the House and Senate have written let- employees in northeast Ohio, exports Russia’s actions in Syria, this bill is no ters to Secretary Clinton in favor of industrial clutches and brakes to Rus- gift to Russia. In fact, this bill has the State Department taking up the sia and looks forward, again, to the teeth. It brings Russia into a rules- cause of American investors. The State certainty this bill will bring when based system. It is good for America Department has been closely watching working with our customers in Russia. and our economy and our jobs, and I international tribunals adjudicating They need that certainty. think it strikes a critical balance by the claims of non-American inter- GE Aviation in Ohio employs about giving critical assistance to American national investors in Yukos to help 9,000 people in Cincinnati and has a companies that want to export their guide its own decision-making. On July great opportunity to compete as Russia products to Russia’s growing middle 25, 2012, an international tribunal es- acquires over 1,000 new civilian aircraft class, supporting good-paying jobs here tablished pursuant to the Spain-Russia over the next decade. at home, while forcing Russia to play bilateral investment treaty ordered the Ohio’s cattlemen strongly support by the rules and, again, providing bind- Russian government to compensate a this legislation. Russia has made some ing penalties if they fail to live up to group of Spanish investors for the important concessions in the negotia- these international standards. losses they suffered from the expropria- tions that will help meet the growing While I am pleased we are finally tion of Yukos. Likewise, an investor demand for U.S. beef in Russia. Russia moving forward on this bill, I am also from the United Kingdom prevailed in is currently the fifth largest export disappointed we haven’t made more a similar proceeding in September 2010. market for U.S. beef. According to the progress over the last 4 years on trade. These rulings would appear to indicate USDA, over 48,000 head of U.S. live cat- We didn’t make opening new export that there is merit to the claims of the tle were sold to Russia just this year. markets a high priority in the Presi- American investors. In 2011 Ohio exported over 3,000 cattle dent’s first term. I am hoping that will When a government abuses its tax to Russia, and we expect that number change over the next 4 years because and regulatory authority to nation- to rise dramatically. helping U.S. job creators export alize the property of foreign investors, The bill also contains some items the shouldn’t be a partisan issue. Over 100 it is required to provide compensation Russian Government opposes, includ- bilateral trade agreements are being to those investors. To date, none of the ing the human rights provisions which negotiated today as we speak here on American owners of Yukos has received were discussed earlier here on the the floor. The United States is a party any compensation. floor, inspired by the treatment of Rus- to none of them. We are a party to one I insisted that the Russia PNTR bill sian lawyer Sergei Magnitsky. Sen- multilateral trade agreement which I incorporate new trade tools and I hope ators CARDIN, MCCAIN, and others have support, but we need to get back and that these will be used to assist in the put the spotlight on the corruption and engage in these bilateral agreements satisfactory resolution of the claims of the lack of transparency in Russia. and open markets for our products. We American investors in the Yukos case, These provisions will clamp down on have been sitting on our hands on the as well as to assist other American human rights abusers, denying them side lines in an increasingly global and businesses and investors who may visas and putting them on notice that dynamic economy. This is the first ad- struggle with Russian corruption and their corruption won’t be tolerated by ministration actually since FDR not to rule of law issues. freedom-loving countries such as the ask for the ability to negotiate export Ms. SNOWE. Madam President, I rise United States. The House passed this agreements and bring them to Congress to both support the bill we are consid- bill last month on the anniversary of under expedited procedures, which is ering today but also to discuss the im- Magnitsky’s death, and it is time the now called trade promotion authority. plications of Russia’s accession to the Senate does the same. And this is something unique. This ad- World Trade Organization, WTO. I was We also have some provisions in this ministration has yet to even ask for it proud to be part of a unanimous vote legislation that will ensure that our over the last 4 years. for this measure coming out of the Fi- trade negotiators keep Russia’s feet to Last year, we finally passed the nance Committee and I expect tomor- the fire in implementing all the var- Korea, Colombia, and Panama export row we will see a similarly strong ious commitments Russia has made, agreements. Hopefully, our bipartisan showing of support for this significant particularly with regard to agriculture. actions today to boost exports to Rus- trade measure. It is not often these Russia has not always played by the sia will signal a new chapter for us to days that we see such bipartisan agree- rules. It has been a point of friction be- engage as a Congress and with the ad- ment and I welcome it and encourage tween our countries. We need to be ministration in a much more ambitious its expansion into other key areas. sure they do the heavy lifting back and proactive trade policy. Russia was formally invited to join home to bring their laws into compli- I am pleased this bipartisan bill re- the WTO on December 16, 2011, and its ance, including their pervasive use over ceived such broad support from Repub- entry into the WTO became official and time of non-science-based standards to licans and Democrats in the House, effective this past August. There are discriminate against our U.S. agricul- getting 365 votes, and I urge my col- more than 150 countries in the WTO, tural exports. leagues on both sides of the aisle to and with Russia’s entry, now each of I also wish to note my strong concern now support this legislation before us. those countries have gained an im- with Russia’s involvement on another Mr. HATCH. Madam President, I rise provement in trade conditions with front; that is, their involvement in the to highlight an important provision in Russia in the form of lower tariff bar- continuing Syrian conflict. As a mem- the PNTR legislation that requires the riers, easier access to markets and ber of the Senate Armed Services Com- United States Trade Representative credit, and a variety of less tangible mittee, I have watched the Syrian situ- and the State Department to provide but certainly meaningful benefits ination with alarm, particularly as we an annual report to Congress on the cluding greater transparency and more

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.072 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7444 CONGRESSIONAL RECORD — SENATE December 5, 2012 enforceable mechanisms for securing along with Senator MCCAIN, for identi- ess and help promote greater trans- property and other rights. We are fying one way to deal with at least parency and a more stable business en- promised that all WTO member coun- some of our serious concerns about vironment for foreign investors. tries will enjoy these privileges in Russia. I am speaking of the Sergei Since the United States is a member their trading with Russia, but so far we Magnitsky Rule of Law Accountability of the WTO, this agreement includes are not among them: if the Congress Act of 2011, or S. 1039. This bill recog- only concessions by Russia. The United does not take the opportunity to enact nizes the tremendous courage that Mr. States will not lower a single tariff, the bill before us, then we are only Magnitsky showed in seeking to expose provide any market access benefits, or harming ourselves, as American busi- corruption and fraud in Russia, for make any changes to U.S. trade law. nesses will be at a serious disadvantage which he paid the ultimate price. He Under WTO rules, however, in order relative to other nations’ enterprises in was imprisoned and allegedly tortured for the United States to take advan- terms of their ability to access the in an attempt to make him recant the tage of Russia’s commitments, it must Russian markets. This is not merely charges he was making, charges that enact permanent normal trade rela- theoretical, as my own home State of turned out to be accurate, and he died tions for Russia. Maine exported $13.9 million worth of in the hands of his jailers. The legisla- Currently, Russia enjoys normal goods to Russia in 2011 alone. tion would impose visa and asset for- trade relations, NTR, status—the sta- To recognize Russia’s entry into the feiture restrictions on those respon- tus enjoyed by a trading partner that WTO and gain the advantages for sible for these foul deeds, and it could faces the most favorable U.S. tariffs in American interests that such recogni- set a new standard for addressing fu- exchange for similar benefits for U.S. tion brings, we must now consider the ture human rights abuses in Russia. I exports. granting of Permanent Normal Trade am proud to see this measure included This status must be renewed on an Relations or PNTR with Russia. The in the bill we are voting on today and annual basis due to a provision enacted United States provides PNTR to nearly its inclusion was critical to my support in the Trade Act of 1974—the so-called all nations, but routinely has denied and, I am sure, that of many of my col- ‘‘Jackson-Vanik’’ amendment—in re- PNTR to communist or non-market leagues. I believe its inclusion helps sponse to concerns about Jewish emi- countries. Specifically, this restriction make this bill a holistic approach that gration from the former Soviet Union. has reflected our desire as a Nation does not punish honest American inter- That law conditions normal trade re- that all peoples should be allowed to ests while also not rewarding question- lations status on a country allowing its move freely in and out of their own able actors within Russia. citizens to emigrate freely. countries—and the restriction is a re- Mr. President, thank you and my col- Russia has consistently met the reaction to the regimes that do not allow leagues for this vital vote. I look for- quirements of Jackson-Vanik since the the free movement and emigration of ward to today’s debate. fall of the Soviet Union and its NTR their citizens. America memorialized Mrs. FEINSTEIN. Madam President, status has been renewed annually with- this freedom-of-emigration concept in today I wish to express my support for out debate since 1994. the Jackson-Vanik amendment, in legislation granting permanent normal Yet, WTO rules mandate that its large part as a response to the then-So- trade relations, PNTR, to Russia. members provide each other with un- viet Union’s consistent and often harsh We need to act now so that our ex- conditional or ‘‘permanent’’ normal limitations on the free movement of its porters can take advantage of Russia’s trade relations. That is, we have to people. The Soviet Union is no more, accession to the World Trade Organiza- treat each member equally, extending and now we must repeal Jackson-Vanik tion, WTO, in August. them the most favorable U.S. tariffs in before PNTR can be granted. The bill The House voted to approve PNTR exchange for similar benefits without before us accomplishes this significant for Russia on November 16th on a 365– restrictions. objective. 43 vote. The Senate Finance Com- Otherwise, they are under no obliga- But we cannot simply applaud this mittee approved its version of the bill tion to extend the same favorable vote without also accounting for some on a 24–0 vote in July. treatment to U.S. exports. very troubling issues that remain with The legislation enjoys widespread Since the United States only grants Russia. This year and the recent past support among manufacturers, service Russia conditional or annual normal for Russia have been clouded by a dis- providers, and farmers. trade relations status, the United turbingly long list of concerns about It has been endorsed by, among oth- States is not in compliance with these just how modern and democratic Rus- ers, the U.S. Chamber of Commerce, rules and Russia can refuse to extend sia may truly be. There are very seri- the National Association of Manufac- the market access commitments it ous questions regarding the integrity turers, and the American Farm Bu- made to join the WTO to U.S. exports. of Russia’s electoral process, its sup- reau. This is putting our exports at a com- port for brutal regimes such as in As a part of joining the WTO, Russia petitive disadvantage because every Syria, its abuse of human rights within negotiated agreements with each mem- other WTO member—155 in total—has its own borders and with its neighbors, ber, including the United States, mak- permanent normal trade relations with its new promise of a massive arms and ing commitments to eliminate non-tar- Russia and has been receiving the bene- nuclear warhead build-up, and its near- iff barriers, protect intellectual prop- fits of Russian membership in the WTO flagrant disregard for intellectual erty, liberalize key sectors such as since August. property rights. We are told that entry services, and improve its business cli- So while we delay, our manufactur- into the WTO establishes Russia’s will- mate. ers, service providers, farmers, and ingness to abide by a rules-based sys- For example, Russia agreed to: lower workers are losing out on a fast-grow- tem, but reports of corruption through- tariffs on industrial products from an ing market. out Russia seem to belie its ability or average rate of 10 percent to 7 percent; Russia has a gross domestic product willingness to follow the rules it set for not raise tariffs on 90 percent of agri- of $2.2 trillion, the sixth largest in the itself—so we must ask, how can we cultural products and keep them at 15 world. Its economy is expected to grow trust them to follow the rules when percent or lower; join the WTO Infor- by 4 percent annually through 2015, ac- working with others? I am saddened at mation Technology Agreement and cording to the International Trade Ad- the thought that, by taking action to eliminate tariffs on major IT products ministration. provide PNTR to Russia, we are poten- within 3 years; abide by WTO rules on U.S.-Russia trade grew by 37.9 per- tially condoning if not rewarding out- enforcement of intellectual property cent in 2011 and total U.S.-Russia trade right the manifold abuses that Russia rights; and remove limitations on for- stood at $42.9 billion. continues to perpetrate under the guise eign equity in telecommunications This mutually beneficial relationship of, but seemingly in defiance of, the companies, insurance companies, will continue to grow by enacting this concept of an open and lawful democ- banks, and wholesale and retail enter- legislation. racy. prises. Let me repeat: for those who may be It is with that firmly in mind that I These commitments will be subject concerned about this legislation’s ef- applaud our colleague Senator CARDIN, to the WTO’s dispute settlement proc- fects on U.S. jobs, it is important to

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Magnitsky’s death to justice and en- months, we will talk about it for 20 What does this legislation mean for courage Russia to do more to tackle minutes, and then we will vote on his my home State of California? corruption and promote a greater re- nomination. Why the 7-month delay? Among U.S. States, California is cur- spect for human rights and the rule of Republican obstruction. rently the 4th largest exporter to Rus- law. After this vote, the Senate remains sia, according to the Coalition for U.S. This is critical if Russia is to enjoy backlogged with 17 judicial nomina- Russia Trade. According to the Busi- the full benefits of WTO membership tions that go back to before the August ness Roundtable, California exported and attract more foreign investment. recess. Senate Republicans are estab- $665 million worth of goods to Russia in I urge my colleagues to support this lishing another harmful precedent by 2011, supporting 2,000 California jobs. legislation. refusing to proceed on judicial nomi- In 2011 California’s exported $156 mil- I yield the floor. nees with bipartisan support before the lion of computers and electronics to The PRESIDING OFFICER. The Sen- end of the session. They held up judi- Russia, our top export. Yet, U.S. com- ator from Michigan is recognized. cial nominees 3 years ago, they did it 2 panies only held 4.2 percent of the Rus- Mr. LEVIN. Madam President, I un- years ago, they did it last year, and sian import market compared to 36.5 derstand now under the existing unani- now they are doing it again this year. percent for the European Union, EU. mous consent agreement we are going They have found a new way to em- As part of its WTO accession, Russia to be proceeding to debating a judge. I ploy their old trick of a pocket fili- agreed to eliminate tariffs on IT prod- ask unanimous consent that imme- buster. They stall nominees into the ucts and take additional actions to diately after the disposition of that next year, and then they force the Sen- protect IPR, including joining the WTO nomination, I be the first Democratic ate, in the new year, to work on nomi- Information Technology Agreement. Senator recognized when we return to nees from the past year. They delay In 2011, California exported $47 mil- the pending trade bill. and delay and delay and push other lion of pharmaceuticals to Russia, but The PRESIDING OFFICER. Without confirmations back in time and then the EU held 77 percent of the import objection, it is so ordered. cut off Senate consideration of any market. As a part of its WTO acces- f nominees. sion, Russia agreed to lower its tariff How else does anyone explain the Re- to 4.4 percent. EXECUTIVE SESSION publican Senate opposition to William In 2011, California exported $90 mil- Kayatta of Maine, who is supported by lion of cars to Russia, the world’s 6th the two Republican Senators from NOMINATION OF MICHAEL P. SHEA largest car market. U.S. cars, however, Maine? How else to explain the Repub- TO BE UNITED STATES DISTRICT make up only 4 percent of Russian im- lican filibuster and continuing opposi- JUDGE FOR THE DISTRICT OF ports while Japan has 40 percent of the tion to Robert Bacharach of Oklahoma, CONNECTICUT market and the EU has 35 percent. who has the support of Senator INHOFE As a part of its WTO accession, Rus- The PRESIDING OFFICER. Under and Senator COBURN, the two Repub- sia agreed to reduce its tariff on cars the previous order, the Senate will pro- lican Senators from Oklahoma? How from 20–35 percent to 15 percent. ceed to executive session to consider else to explain their adamant refusal to In addition, for California agri- Calendar No. 676, which the clerk will consider the nomination of Richard culture, Russia has agreed to: lower report. Taranto to the Federal Circuit, when tariffs on dairy from 19.8 percent to 14.9 The legislative clerk read the nomi- the Judiciary Committee had seven of percent; reduce its tariff on grapes nation of Michael P. Shea, of Con- the eight Republican Senators voting from 10 percent to 5 percent within 3 necticut, to be United States District for him? One, Senator LEE, cast a ‘‘no’’ years; lower tariffs on cereals from 15.1 Judge for the District of Connecticut. vote but said it was a protest on an- percent to 10 percent; and establish The PRESIDING OFFICER. The Sen- other matter. But every single Demo- lower in-quota tariff rates for pork, ator from Vermont is recognized. crat voted for him. poultry, and beef. Mr. LEAHY. Madam President, the These delays may serve some petty Unless we pass permanent normal Senate is finally being allowed to vote political purpose, but the American trade relations, our foreign competi- today on the nomination of Michael people do not want petty political pur- tors will be able to use the concessions Shea to be a district judge on the U.S. poses. They want our Nation’s courts Russia made when joining the WTO to District Court for the District of Con- to be staffed. They want the American protect their companies and workers necticut. It has taken far too long for people who seek justice to be able to and increase their market share, while this day to come, but he will be con- get it. So we should take action on all the United States will not be able to do firmed and I congratulate him and his pending nominees and reduce the dam- the same for our companies and work- family on his confirmation and I con- agingly high number of judicial vacan- ers. gratulate the two Senators from Con- cies. Federal judicial vacancies remain As a result, failure to pass this legis- necticut on finally having this nomina- above 80. By this point in President lation will only make it harder for tion come to a vote. Bush’s first term, we had reduced judi- California and U.S. companies to com- I mention this not to urge that we cial vacancies to 28. pete in Russia. confirm him because we will—and I There were more than 80 vacancies The legislation would also impose will very proudly vote for him—but Mi- when the year began. There were more sanctions on individuals linked to the chael Shea is another nominee whose than 80 vacancies this past March when incarceration and death of Russian nomination was stalled for months for the majority leader was forced to take lawyer Sergei Magnitsky. no good reason. The Judiciary Com- the extraordinary step of filing cloture Sergei Magnitsky was a Russian at- mittee—and the distinguished Pre- motions on 17 district court nomina- torney who was arrested in 2008 after siding Officer serves on that committee tions—something I had never seen in alleging wide-scale tax fraud by several and will recall—we gave his nomina- my 37 years here. There are going to be law enforcement and government offi- tion strong bipartisan support more at least 80 vacancies after today. Be- cials. He died in prison a year later due than 7 months ago. He has the support fore we adjourn, we ought to at least to health complications while awaiting of both home State Senators—both vote on the 17 pending nominations trial. Senator LIEBERMAN and Senator that could have been and should have Investigations later found that Mr. BLUMENTHAL. He has significant litiga- been confirmed before the August re- Magnitsky was beaten and did not re- tion experience. He is a graduate of cess.

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I supported the nomination in Republican or Democratic President or were returned to the President when committee and will do so again today. a Republican-controlled or Demo- the Congress adjourned in December. But for those who argue that the Re- cratic-controlled Senate. Today’s vote, the second post-elec- publicans have delayed this nomina- According to the nonpartisan Con- tion judicial confirmation, is some- tion just to obstruct, that is not the gressional Research Service, no con- what of a milestone for this President. case. sensus nominee reported prior to the It is the 100th judicial confirmation Mr. Shea received his B.A. from Am- August recess has ever been denied a during this Congress. That happens to herst College in 1989 and his J.D. from vote—before now. Somehow, this Presi- be the same number of confirmations Yale Law School in 1993. Following dent is treated differently than all the during President Bush’s first term graduation from law school, he clerked other Presidents before him. I have when the Democrats controlled the for James Buckley, U.S. circuit judge been here with President Ford, Presi- Senate and chaired the Judiciary Com- for the District of Columbia Circuit. dent Carter, President Reagan, the mittee. I have heard the chairman Mr. Shea began his legal career in 1994 first President Bush, President Clin- rightfully take pride in that accom- at Clearly, Gottlieb Steen & Hamilton ton, the second President Bush, and plishment. Today we match that in Washington, DC where he worked now President Obama. None of those record. So I think that the continued primarily on civil and criminal anti- other Presidents were treated in the complaints we hear about how unfairly trust matters. In October 1995, he way this President is treated. It is this President has been treated are un- moved to Clearly Gottlieb’s Brussels, something Senate Democrats have founded. Belgium, office, where he continued to never done in any lame duck session, Despite our cooperation, we continue work on antitrust matters, including whether after a Presidential or mid- to hear the other side argue that since European Union antitrust issues, as term election. the President won re-election, we well as international business trans- In fact, Senate Democrats allowed shouldn’t follow past practice, but actions in Eastern Europe and Africa. votes on 20 of President George W. rather we should confirm a large num- In the summer of 1998, he returned to Bush’s judicial nominees, including 3 ber of nominations during this lame- the DC office where he assisted in de- circuit court nominees, in the lame duck session. Recently one of my col- fending a corporate client in a large duck session after the election in 2002. leagues on the other side stated: money laundering prosecution. I remember. I was the chairman of the ‘‘From 1980 until this year, when a In September 1998, Mr. Shea returned Judiciary Committee. I moved forward lame duck session followed a presi- to Connecticut, accepting a position as with those votes, including one on a dential election, every single judicial an associate at Day, Berry & Howard, very controversial circuit court nomi- nominee reported with bipartisan Judi- now known as Day Pitney. In 2003, he became a partner with the firm. His ca- nee. The Senate proceeded to confirm ciary Committee support has been con- reer there has spanned a broad range of judicial nominees in lameduck sessions firmed.’’ civil and criminal litigation. His prac- after the elections in 2004 and 2006. Ac- I suppose this is meant to imply tice included trials and appeals in com- tually, in 2006, we confirmed another there is some long record of routine mercial, civil rights, personal injury, circuit court nominee. confirmations following a Presidential criminal, family, and other cases. We proceeded to confirm 19 judicial election. But again, that is simply not He has tried nine cases to verdict, nominees in a lame duck session after the case. The record is one circuit con- judgment or final decision. In the past firmation in 1980, and three district the elections of 2010, including five cir- decade, he argued 20 appeals, including confirmations in 2004. That is it. From cuit court nominees. The reason I am 6 at the U.S. Court of Appeals for the 1980 through 2008, those four nomina- not listing confirmations for the lame Second Circuit. The American Bar As- tions represent the entire list. With to- duck session at the end of 2008 is be- sociation’s Standing Committee on the day’s vote we will add two more con- cause that year we had proceeded to Federal Judiciary gave him a Unani- confirm the last 10 judicial nominees firmations to that exclusive list. This year we have already confirmed mous Qualified rating. approved by the Judiciary Committee Again, I support this nomination and 32 district judges and 5 circuit judges. in September and long before the lame congratulate Mr. Shea on his antici- Today’s vote meets or exceeds the con- duck session. pated confirmation. That is our history. That is our re- firmations for Presidential election I yield the floor. cent precedent. Those across the aisle years in recent memory. In fact, going The PRESIDING OFFICER. The Sen- who contend that judicial confirmation back to 1984, there has been only one ator from Connecticut. votes during lame duck sessions do not Presidential election year in which Mr. LIEBERMAN. Mr. President, I take place are wrong. The facts are more district judges were confirmed. rise to express my strong support for facts are facts. It is past time for votes Let me emphasize that point: In only the nomination of Michael Shea to on the 4 circuit court nominees and the one of the past eight Presidential elec- serve as the next Federal district court other 13 district court nominees still tions have more district nominees been judge for the District of Connecticut. pending on the Executive Calendar. confirmed. As the Presiding Officer heard—and I Let’s do our job. This is what the Today we vote on the nomination of did as well—Chairman LEAHY and Sen- American people pay us to do. Let’s Michael P. Shea, to be U.S. district ator GRASSLEY expressed very different vote up or vote down, but let’s vote. judge for the District of Connecticut. analyses of the pace at which this Sen- I yield the floor. With this confirmation, the Senate will ate is confirming judicial nominations The PRESIDING OFFICER (Mr. have confirmed 160 of President of President Obama, but I note, with WHITEHOUSE). The Senator from Iowa. Obama’s nominees to the district and gratitude, that both of them expressed Mr. GRASSLEY Mr. President, circuit courts. During the last Presi- support for this particular judge, Mi- today, the Senate turns to the con- dential election year, 2008, the Senate chael Shea, and it gives me confidence firmation of another U.S. district confirmed a total of 28 judges—24 dis- that he will receive the confirmation judge. According to the Congressional trict and 4 circuit. This Presidential vote today that he deserves. Research Service, the Senate rarely election year we have exceeded those I suppose, because I am at the end of confirms judicial nominees during a numbers. We have confirmed 5 circuit the privilege of serving as a Senator for lameduck session in a Presidential nominees, and Mr. Shea’s confirmation 24 years, I am looking back at various election year. It did so in a very lim- will be the 33rd district judge con- opportunities and experiences I have ited fashion in 1944, 1980, and 2004. firmation. That is a total of 38 judges had. The last time a President was re- this year versus 28 in the last Presi- It strikes me at this moment that I elected—President Bush in 2004—only dential election year. should say what I am sure is felt by all

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The U.S. Supreme after a President has left office and cases and for a period of time was dis- Court may be the highest Court in the continue to affect the course of our patched to the Brussels, Belgium, of- land, but most litigants go no higher country of justice under law, the same fice of the firm working on an anti- than the U.S. District Court, and for really can be said with regard to Sen- trust investigation. But much more them fairness and justice is the voice ators and the role we play in proposing significant than his legal work, in and face of the U.S. district judge. nominees for the Federal district Brussels he met his wife Frederique, So I thank the Senator for the great courts in our States. and together they now have three won- work he has done. In decisions based on I must say as I look back at the time derful children. merit, without regard to personality or I have been privileged to be in the Sen- Since 1998, Michael Shea has been a politics, he has participated in recom- ate, working with Senator Dodd and partner at Day Pittney, LLP, where his mending some of the best of the best now with Senator BLUMENTHAL, I am practice has included trials and appeals men and women to serve on our Fed- proud of the people we have helped in commercial, civil rights, personal eral bench. onto the district courts for the District injury, criminal, and other cases. He is Michael Shea epitomizes that quality of Connecticut, obviously, with a lot of currently the chair of the firm’s Appel- of fairness, intellect, and dedication to support from nominating Presidents of late Practice Group. But we found in public service. He is a native of Con- both parties and from people of both talking to lawyers and judges around necticut, but his experience is national parties in the Senate Judiciary Com- Connecticut on the State and Federal and international in scope. I am not mittee and on the Senate floor. bench that Michael Shea is quite sim- going to repeat all of the extraordinary The district court bench in Con- ply one of the most experienced and credentials that Senator LIEBERMAN necticut is an impressive group and broadly respected litigators in our has described so well. I just want to quite a diverse one as well. Michael State. say that on a level that is as important Shea, if confirmed, will add to its ex- If confirmed, he will bring to the dis- as any professional credentials in trict bench an enormous background of cellence and its legal heft. In Novem- terms of temperament, he is the kind experience in our courts. I want to add ber of last year, Judge Christopher of person we want on our bench. He is that Michael Shea also serves his com- Droney left the district court when the unpresuming, unassuming, self-effac- munity in various charitable organiza- Senate confirmed his nomination to ing, understated, but powerfully atten- tions, including the Nutmeg Big Broth- serve on the Federal Court of Appeals tive to individual facts and personal ers and Sisters, and the Supreme Court for the Second Circuit. Judge Droney’s circumstances. Historical Society. vacancy gave Senator BLUMENTHAL and He has compassion and conviction, In 2008, as a result of pro bono work me the opportunity to recommend his Michael has consistently done rep- principle and impeccable honesty and replacement. resenting indigent criminal defendants, integrity, and he has an empathy for We took this responsibility seriously. he received the Connecticut Bar Asso- people who are in distress, who are in We brought together an advisory panel ciation’s Pro Bono Award for success- need of somebody to listen. That may of nine Connecticut citizens who con- fully protecting a young mother from be a quality that is preeminently im- sidered more than 20 candidates for having to return her children to an portant on the bench, the ability to lis- this spot. The panel included a former abusive father who lived abroad. ten and the attention to detail. chief justice of the Connecticut Su- First, I thank Michael Shea for his Mr. Shea has served as counsel for preme Court, a former U.S. attorney, interest in serving on the Federal criminal defendants. He has argued 20 several partners at major Connecticut bench of Connecticut. I am honored to appeals, including 6 to the Second Cir- and national law firms, and academic, present him, along with Senator cuit. He has tried 9 cases to verdict. He business, and community leaders BLUMENTHAL, to our colleagues in the has served as counsel to the Bridgeport throughout the State. Their insights Senate. He is a first class nominee. Roman Catholic Diocese in first and hard work throughout the process Again, I thank the President for amendment matters. I worked with were invaluable to my colleague from nominating him. I am confident that him personally in a professional capac- Connecticut and I. I express on this the President’s trust in Mr. Shea will ity when I was attorney general of the floor my gratitude to them for their be more than vindicated by the years State of Connecticut. I know him as service. of judicial service that he will give our someone who will do justice and love Based on the work of the advisory State and country. mercy. panel and our review of its rec- I am now glad to yield the floor to He is a man whom we can be proud to ommendations, Senator BLUMENTHAL my colleague from Connecticut, Sen- support. I am proud to support him. I and I recommended Michael Shea to ator BLUMENTHAL, who I am sure, with thank President Obama for nominating the President for nomination. I will my successor, CHRIS MURPHY, will con- him and the chairman of the Judiciary say that Michael was ranked very high tinue to fill vacancies as they arise. Committee, PATRICK LEAHY, for his among the highly qualified applicants There is one now with the same high leadership on our committee in making for this position by all members of the level of nominee as we have been privi- sure he had a hearing and a vote, and advisory panel. I should say right at leged to do together in this case. now this vote is here. the outset that we are grateful to The PRESIDING OFFICER. The Sen- I thank also our ranking member, President Obama for nominating him ator from Connecticut. Senator GRASSLEY, for his graciousness for this place on our court. Mr. BLUMENTHAL. Mr. President, in stating that he would support him. Michael Shea is a native of West let me first thank my colleague, Sen- My hope is that the U.S. District Court Hartford, CT, a graduate of Amherst ator LIEBERMAN, for the extraordinary of Connecticut, which faces a backlog College and Yale Law School, served as work he and my predecessor, Senator now, will have the good fortune to have a clerk to Judge James Buckley, Dodd, have done in filling our U.S. Dis- remaining vacancies filled at the ear- though a resident of Connecticut, and trict Courts with some of the most liest possible date by lawyers as emi- sat on the U.S. Court of Appeals for the eminent jurists in the United States. nently qualified as soon-to-be judge District of Columbia. Michael Shea As he has remarked so eloquently, Michael Shea. I thank this body in ad- clerked for Judge Buckley in 1993 and part of the living legacy of the Senate vance for approving him. 1994. I will say that Judge Buckley sent and of individual Senators is, in fact, I yield the floor, and I suggest the ab- our advisory committee and, I believe, the men and women whom we rec- sence of a quorum. the Judiciary Committee and Senator ommend to serve in this critically im- The PRESIDING OFFICER. The BLUMENTHAL and me a very thoughtful, portant decision. clerk will call the roll.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.079 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7448 CONGRESSIONAL RECORD — SENATE December 5, 2012 The assistant legislative clerk pro- Shea, nominee to the District Court of upon the table. The President shall be ceeded to call the roll. Connecticut. My decision is based on immediately notified of the Senate’s Mr. BINGAMAN. Mr. President, I ask Mr. Shea’s assistance in drafting an action. unanimous consent that the order for anticus brief in the Supreme Court f the quorum call be rescinded. case of Kelo v. New London on behalf of The PRESIDING OFFICER. Without the Connecticut Conference of Munici- LEGISLATIVE SESSION objection, it is so ordered. palities and other municipalities. The PRESIDING OFFICER. The Sen- The Kelo decision delivered a serious Mr. BINGAMAN. I yield back all re- ate shall resume legislative session. blow to private property rights by up- maining time and ask for the yeas and The Senator from Michigan. nays. holding a municipality’s use of emi- The PRESIDING OFFICER. Is there a nent domain to seize private homes and f transfer the property to a pharma- sufficient second? RUSSIA AND MOLDOVA PNTR There is a sufficient second. ceutical company for purposes of ‘‘eco- The question is, Will the Senate ad- nomic development.’’ As Justice San- Mr. LEVIN. Mr. President, the Russia vise and consent to the nomination of dra Day O’Connor stated in her dissent, PNTR bill that is before us takes a Michael P. Shea, of Connecticut, to be the ‘‘Court abandoned its long-held, long overdue action by ending the ap- U.S. District Judge for the District of basis limitation on government power’’ plication of Jackson-Vanik sanctions Connecticut? in the Kelo case. The Fifth Amendment to Russia. Jackson-Vanik is no longer The clerk will call the roll. of the Constitution states: ‘‘No person relevant to Russia because Russia no The assistant legislative clerk called shall be . . . deprived of life, liberty, or longer restricts the free emigration of the roll. property, without due process of law; its people. Mr. DURBIN. I announce that the nor shall private property be taken for The Soviet Union began to relax its Senator from West Virginia (Mr. public use, without just compensa- restrictions on Jewish emigration in ROCKEFELLER) and the Senator from tion.’’ The Kelo decision altered what 1987, during Gorbachev’s perestroika. Virginia (Mr. WEBB) are necessarily ab- was traditionally viewed as ‘‘public Following the collapse of the Soviet sent. use.’’ As Justice O’Connor noted, as a Union in 1991, millions of Soviet Jews Mr. KYL. The following Senators are result of this decision, ‘‘Nothing is to were permitted to leave. Since then, necessarily absent: the Senator from prevent the State from replacing any Russia has allowed free emigration. Illinois (Mr. KIRK), the Senator from Motel 6 with a Ritz-Carlton, any home I have felt for a long time that we South Carolina (Mr. DEMINT), and the with a shopping mall, or any farm with should have graduated Russia from Senator from Tennessee (Mr. ALEX- a factory. . . . Any property may now Jackson-Vanik when Jackson-Vanik’s ANDER). be taken for the benefit of another pri- noble purpose was achieved, rather Further, if present and voting, the vate party, but the fallout from this than waiting years, often in the effort Senator from South Carolina (Mr. decision will not be random. The bene- to make other points relative to Russia DEMINT) would have voted ‘‘nay,’’ and ficiaries are likely to be those citizens on other issues. First some history. the Senator from Tennessee (Mr. ALEX- with disproportionate influence and In 2007, I met with Rabbi Lazar, chief ANDER) would have voted ‘‘nay.’’ power in the political process, includ- rabbi of Russia, regarding Jackson- The PRESIDING OFFICER (Mr. BEN- ing large corporations and development Vanik. He urged passage of legislation NET). Are there any other Senators in firms.’’ ending the application of Jackson- the Chamber desiring to vote? In contrast, Mr. Shea’s amicus brief Vanik to Russia. The result was announced—yeas 72, argued the eminent domain action Also in 2007, I received a letter from nays 23, as follows: taken by New London was constitu- the chairman of the Federation of Jew- [Rollcall Vote No. 222 Ex.] tional and should be upheld. He as- ish Communities, which represents presidents and rabbis of over 200 Jewish YEAS—72 serted the ‘‘taking of some of the peti- tioners’’ homes’’ is ‘‘undeniably a gen- communities in Russia, a letter which Akaka Graham Merkley Ayotte Grassley Mikulski uine cost of realizing the City’s goal of urged me to work to graduate Russia Baucus Hagan Moran improving the economic well-being of from the Jackson-Vanik amendment in Begich Harkin Murkowski its citizens?’ But, the Public Use view of the fact that its goals had al- Bennet Hatch Murray Clause ‘‘sweeps as broadly as the ready been met. Part of his letter reads Bingaman Hoeven Nelson (NE) Blumenthal Inouye Nelson (FL) [State’s] police powers.’’ He said siding as follows: Boxer Johanns Portman with the Kelo plaintiffs in the case [W]e are thankful for all your efforts to- Brown (MA) Johnson (SD) Pryor would ‘‘contort’’ the Public Use Clause. ward gaining freedom for our country’s Jews. Brown (OH) Johnson (WI) Reed We will always appreciate the role of Jack- Burr Kerry Reid Justice Stevens, the author of the 5–4 Cantwell Klobuchar Sanders majority opinion in Kelo, cited Mr. son-Vanik in bringing about change. We also Cardin Kohl Schumer Shea’s brief in his opinion. remain grateful to those who forced the Carper Kyl Sessions Perhaps the saddest aspect of this U.S.S.R.’s Communist regime to permit Jews Casey Landrieu Shaheen to emigrate, and to end discrimination. For Coats Lautenberg Shelby case is the ‘‘economic development’’ us this was a huge morale boost—Jews be- Collins Leahy Snowe that was key to the taking being a hind the Iron Curtain were thrilled that Conrad Levin Stabenow ‘‘public use’’ never happened because Americans were willing to risk political and Coons Lieberman Tester Corker Lugar Udall (CO) the developer could not get funding. economic confrontation, in order to stand up Durbin Manchin Udall (NM) Susette Kelo lost her property for for the freedom and rights of their fellow Feinstein McCain Warner nothing. The site of her former home is human beings. Franken McCaskill Whitehouse a garbage dump. This fact exposes an- He continued: Gillibrand Menendez Wyden other reason the takings clause was Nevertheless, in the last 15 years the situa- NAYS—23 only intended for public use, because tion has changed, radically. The freedom for Barrasso Enzi Risch the government is more likely to have Soviet Jews to live wherever they desire was Blunt Heller Roberts the funding ready to use the property. fully obtained; nearly a million Jews from Boozman Hutchison Rubio Normally, I would not hold a lawyer re- the F.S.U. now live in Israel, while hundreds Chambliss Inhofe Thune of thousands live in other countries through- Coburn Isakson Toomey sponsible for the legal views of his cli- Cochran Lee out the world. We are positive that these de- Vitter ents, but the Kelo decision dealt such a velopments were in part thanks to the Amer- Cornyn McConnell Wicker Crapo Paul serious blow to private property rights, ican lawmakers who supported the Jackson- a crucial element of our founding prin- Vanik amendment. Yet we now see a back- NOT VOTING—5 ciples, and so clearly departs from the ward migration, when Jews from abroad Alexander Kirk Webb original understanding of the Constitu- move back to Russia. This proves that Jews DeMint Rockefeller tion, I feel I must vote no. in Russia feel as confident as those inhab- The nomination was confirmed. The PRESIDING OFFICER. Under iting other countries of the Free World. Mr. COBURN. Mr. President, I wish the previous order, the motion to re- The rabbi added: ‘‘The provisions of to explain my vote against Mr. Michael consider is considered made and laid the Jackson-Vanik amendment have

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.080 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7449 already achieved the goals of its Thanking you in advance for your kind The Senate Foreign Relations Com- initiators.’’ That was in 2007. Mr. Presi- help, I remain, mittee and the Senate Finance Com- dent, I ask unanimous consent that the ALEXANDER BORODA, mittee both voted unanimously to re- letter from the Federation of Jewish Chairman, FJC Russia. port a version of the Magnitsky bill Communities of Russia be printed in Mr. LEVIN. So I am glad, very glad, that applies its sanctions globally. that finally, the Jackson-Vanik law is the RECORD. Senators CARDIN and KYL have worked, There being no objection, the mate- no longer going to apply to Russia. on a bipartisan basis, to build support rial was ordered to be printed in the Not only does the bill under consider- for that global standard, and I strongly RECORD, as follows: ation grant Russia PNTR, it also con- support their effort. I commend them tains enforcement provisions that my FEDERATION OF on their effort. brother, Congressman SANDER LEVIN, JEWISH COMMUNITIES OF RUSSIA, So why is that Senate committee-re- fought for to address concerns about APRIL 16, 2007. ported bill not before the Senate? Why Hon. Senator CARL LEVIN, Russia’s compliance with its WTO obli- would we deny visas only to Russian Russell Bldg., gations and other trade concerns such human rights violators? Why diminish Washington, DC. as Russia’s persistent failure to stop the universality of the values the DEAR SENATOR LEVIN: I am writing this intellectual property rights infringe- letter in my name and in the name of the Magnitsky bill seeks to uphold? Presidents and Rabbis of over 200 Jewish ment, and to help promote the rule of law in Russia. These are important en- Applying the sanctions contained in communities throughout our country which this bill solely to Russians, as the comprise the Federation of Jewish Commu- forcement tools that will give us a nities. I am writing to you on behalf of our chance to monitor Russia’s progress in House version does, not only dimin- constituency, to ask you to work to graduate fulfilling its commitments. I have ishes a universal value. Because it adds Russia from the Jackson-Vanik amendment looked forward to getting these actions a political twist, it will stoke a nation- in view of the fact that its goals have al- accomplished in PNTR legislation. alistic response in Russia. If this bill ready been met. does not apply the same rule to all We know that the fate of Soviet Jewry is The bill before us also includes the Sergei Magnitsky Rule of Law Ac- human rights violators, if it singles out important to you, and we are thankful for all Russian human rights violators, Presi- your efforts towards gaining freedom for our countability Act of 2012 which was in- country’s Jews. We will always appreciate spired by the Russian whistleblower dent Putin will no doubt appeal to the the role of Jackson-Vanik in bringing about Sergei Magnitsky, who was ruthlessly nationalistic passions of many Rus- change. We also remain grateful to those murdered. The legislation would re- sians by saying that our bill isn’t who forced the USSR’s Communist regime to quire that human rights violators in aimed at protecting human rights, but permit Jews to emigrate, and to end dis- Russia be identified and that we deny is aimed at Russia. We should not hand crimination. For us this was a huge morale President Putin that argument. boost—Jews behind the Iron Curtain were them U.S. visas as well as freeze their thrilled that Americans were willing to risk U.S. assets. The Senate bill, as approved by our political and economic confrontation, in However, and here’s the problem for committees, very appropriately pays order to stand up for the freedom and rights me, the Magnitsky language before us tribute to the man whose tragic death of their fellow human beings. is not the Magnitsky language adopted inspired the legislation, and applies its Nevertheless, in the last 15 years the situa- by our Finance and Foreign Relations message universally. I deeply regret tion has changed, radically. The freedom for committees. Their Magnitsky language that the House bill before us does not Soviet Jews to live wherever they desire was take that approach. fully obtained; nearly a million Jews from applied the same sanctions to human the F.S.U. now live in Israel, while hundreds rights violators wherever they might I don’t understand why we are not of thousands live in other countries through- be—whether in Russia, or Syria, or taking up the Senate version, the out the world. We are positive that these de- Sudan, or North Korea, or China, or in version approved by our two commit- velopments were in part thanks to the Amer- any other country. tees, and applying these standards uni- ican lawmakers who supported the Jackson- In other words, the Senate com- versally. The only answer I get is that yank amendment. Yet we now see a back- the House of Representatives might ward migration, when Jews from abroad mittee-approved bill wisely adopted a move back to Russia. This proves that Jews global Magnitsky standard. The rea- not accept the Senate version. Well, we in Russia feel as confident as those inhab- soning for this is sound, because while should do what we believe in, as re- iting other countries of the Free World. the mechanism of U.S. visa denial for flected in two unanimous votes in two Today the Jewish people have equal rights human rights violators was inspired by committees, and not be derailed by a with the general population. Jewish life in a single case in a single nation, the prediction that the House will not ac- our country has experienced dynamic principles that it seeks to advance are cept our version. There is time left in growth. While it is well known that during this session to test that prediction. the years that Communism ruled we were universal. This bipartisan Senate com- forbidden to pray in synagogues, and to learn mittee bill, unlike the House-passed The failure to do so is inexplicable to the Torah or Hebrew, now, most of the larger version of the Magnitsky Act that we me. The House of Representatives did cities have built community centers, Jewish will soon vote on, does not single out not have a vote focusing on the issue of schools, day care centers, humanitarian fa- Russian human-rights violators for applying these sanctions globally. We cilities, and artistic collectives, in addition visa denial, but would apply the visa should give them a chance to do so. to synagogues. The country’s leaders, in- denial mechanism to people from any In summary, it is important that we ducting the President, regularly visit Jewish country who violate important human lift the Jackson-Vanik sanctions. It is communities. Russia’s Jews are treated as equal citizens and any outburst of anti-Semi- rights standards. The United States important that we speak out on the tism is met with harsh consequences. should be clear and firm in its commit- tragic death of Sergei Magnitsky and The provisions of the Jackson-yank ment to protecting human rights, hold those responsible to account. amendment have already achieved the goals wherever the violations occur, and to These are issues on which I believe so of its initiators. At this point a public cere- holding those who violate those rights strongly and that I have worked long mony marking the official graduation of accountable to the best of our ability, and hard, particularly on Jackson- Russia from the provisions of the amend- including denying them visas to come Vanik, to achieve. Taking these steps ment would be a tremendous opportunity to should be a cause of celebration. remind the rest of the world that the U.S. to our country. Human rights do not has successfully completed a policy initia- end at the borders of Russia, and any- But the violations of human rights tive, and will continue to look after the one who violates those standards, as so that the Magnitsky bill seeks to rem- needs of the Jewish people and to defend many did so blatantly in the case of edy are far too widespread for us to them from discrimination. At the same time, Sergei Magnitsky, should be held ac- apply remedies only to Russians the abolishment of this amendment in re- countable. human rights violators. The United spect to Russia would reiterate to the rest of Applying the Magnitsky provisions States has an opportunity here to the world that America is ready to commit globally, as the Senate bill approved by make a strong, unmistakable state- the resources necessary to the needs of the Jewish people. It would also demonstrate our committees did, follows in the spir- ment about the sanctity of human fairness, acknowledging that when a ‘‘carrot it of Jackson-Vanik, which, while in- rights. We should want that statement and stick’’ policy is pursued, the reward for spired by events in the Soviet Union, to ring out not just in Moscow, but compliance will, in fact, be paid as promised. was not limited to the Soviet Union. around the world.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.082 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7450 CONGRESSIONAL RECORD — SENATE December 5, 2012 I know some of my colleagues have while also adhering to WTO rules re- legislation more than 3 months after expressed hope that we can pass legis- garding sanitary and phyto-sanitary Russia’s WTO accession. lation to address this issue in the next measures. Once we have enacted PNTR Nevertheless, I look forward to en- Congress. I know of no reason to be- the United States will have the ability actment of this bill, especially consid- lieve that we will have significantly to enforce visa commitments through ering the overwhelming bipartisan vote greater chances of accomplishing this the World Trade Organization dispute of approval for this legislation in the goal next year than we do today. settlement process. House of Representatives just a few Mr. President, over the next few It is important to note that our vote weeks ago. While today’s vote is spe- weeks, we have time to conference and on passage of this bill is different than cific to Russia and Moldova, I hope this pass a defense authorization bill. We voting on a trade agreement where vote will remind us of the importance have time to debate and avoid the fis- both sides make concessions in order to of moving forward on trade in general. cal cliff. We have time to address a reach a conclusion. In contrast, our It is an unfortunate reality that when farm bill and dozens of other important vote on the House-passed Russia PNTR America stands still on trade, we are issues. And we have time to address the bill is entirely one-sided in favor of the actually falling behind relative to the transcendent issue of the universal United States. Russia joined the World rest of the world. There are more than rights of mankind. Trade Organization in August and will 100 new free-trade agreements cur- I yield the floor. remain a member of the WTO regard- rently under negotiation around the The PRESIDING OFFICER. The Sen- less of what we do with respect to world. Yet the United States is party ator from South Dakota. PNTR. to only one of those negotiations, the Mr. THUNE. Mr. President, I rise We are not giving Russia anything Trans-Pacific Partnership. today in strong support of the legisla- new because they have received PNTR The United States has not success- tion before us to enact permanent nor- on a recurring annual basis for the past fully negotiated a single new trade mal trade relations with respect to 20 years. The only issue today is wheth- agreement during the 4 years of the Russia and Moldova. This legislation er we will now allow U.S. businesses to Obama administration, and this admin- will also put in place a new mechanism take full advantage of the new trade istration has not yet asked Congress for a renewal of trade promotion au- for combating human rights abuses and commitments that Russia has made as thority, despite the fact that TPA ex- strengthening the ruling of law in Rus- part of joining the World Trade Organi- pired over 5 years ago. The cost of inac- sia commonly known as the Magnitsky zation. If we do not act, American tion on trade is high because we live in bill. The economic argument for the manufacturers, farmers, ranchers, and a global economy where American pro- legislation before us is clear. Russia is service providers will remain at a com- ducers rely on access to foreign mar- the world’s sixth largest economy; the petitive disadvantage relative to their kets. More than 95 percent of global world’s fifth largest global importer of foreign competitors doing business in consumers live outside the United agricultural products, and home to 140 Russia. million potential customers, the larg- States. At a time when our economy is grow- Consider that in 1960 exports ac- est consumer market in Europe. ing more slowly than any postrecession counted for only 3.6 percent of GDP. Russia is already an important and recovery since World War II, failure to Exports account for 12.5 percent of our growing market for U.S. businesses. Of enact PNTR makes no sense. American GDP. Exports of U.S. goods and serv- the top 15 U.S. trading partners, Russia export growth has been one of the true ices supported over 10 million Amer- was the market where American com- bright spots since the great recession. ican jobs. If we do not aggressively pur- panies enjoyed the fastest export According to the Department of Com- sue new market opening agreements on growth last year, at 38 percent. If we merce, jobs supported by exports in- behalf of American workers, we will see enact PNTR, it is estimated that U.S. creased by 1.2 million between 2009 and new export opportunities go to foreign exports of goods and services to Russia 2011. businesses and foreign workers. could literally double over the next 5 If we are serious about encouraging So while I am pleased that we are years. That is why groups ranging from job creation, we need to continue to considering PNTR today, I hope Presi- the American Farm Bureau to the Na- open new job markets abroad for Amer- dent Obama in his second term will tional Association of Manufacturers to ican exports. Normalizing our trade re- recognize the potential for increased the National Corn Growers, just to lationship with Russia is an important trade opportunities through a more ag- name a few, strongly support PNTR. step in the right direction. gressive trade agenda. I look forward Just last week I met with representa- While this legislation is about sup- to the President signing this legisla- tives from the South Dakota Soybean porting American jobs by promoting tion into law, and I urge all of my col- Association, and I was reminded of the our exports, we should also recognize leagues to vote for the legislation be- importance of Russia as a growing ex- the importance of the Magnitsky provi- fore us when that vote comes up to- port market to my State of South Da- sion included in this bill at the insist- morrow at noon. kota. While greater access to the Rus- ence of Senators CARDIN, KYL, MCCAIN, I yield the floor. sian market will benefit a wide range and WICKER, among others. By replac- The PRESIDING OFFICER. The Sen- of U.S. companies, such as manufacturing the outdated Jackson-Vanik law ator from Illinois. ers and service providers, I would be re- with a new mechanism to support Mr. DURBIN. The bill before us, the miss not to point out the enormous op- democratic reforms in Russia, this leg- permanent normal trade relations with portunity for America’s agricultural islation will strengthen the rule of law Russia, is important legislation to ex- producers in Russia. Consider that Rus- while combating corruption and human pand trading opportunities. I was sia is the world’s largest importer of rights abuses. thinking, as the Senator from South beef on a quantity basis, with imports The only thing surprising about this Dakota spoke about this debate on the of nearly $4 billion last year. Russia is vote is that it did not happen sooner. floor and what it was like around this the world’s fifth largest importer of Nearly 6 months ago, on June 12, I Chamber several decades ago when this pork products as well as the world’s joined Senators BAUCUS, MCCAIN, and issue was raised and there was a strong largest importer of dairy products. KERRY in introducing legislation to feeling for the Jackson-Vanik provi- Despite the problems we have en- enact PNTR. With the leadership of sions which prohibited certain trade countered recently with respect to our Senator HATCH and others, we approved between the United States and so- poultry exports, America remains the the PNTR legislation in the Finance called communist countries of their single largest supplier of poultry to the Committee by a unanimous vote on day, there were those voices on the Russian market, accounting for 50 per- July 18. other side, many from the Heartland cent of Russian poultry imports last Unfortunately, many of us believe such as Senator THUNE and myself. year. the administration did not push force- Senator Humphrey used to say, sell Under the terms of Russia’s WTO ac- fully enough for enactment of PNTR anything that can’t shoot back at us, cession, which occurred last year, Rus- before Russia joined the World Trade and that meant a lot of wheat some- sia is obligated to reduce tariffs across Organization in August. As a result, we times and other agricultural commod- a wide range of agricultural products are just now finally considering this ities.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.083 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7451 I will speak to that trade relation as- were harassed, often threatened with Sergei Magnitsky Rule of Law Ac- pect in a second, but before I do, I want new sweeping treason laws for speaking countability Act. to address an aspect of this bill that is up against fraud, corruption, or denial The two main components of this very important to me and should be to of basic rights. We saw what happened package represent a win-win for U.S. every Member of the Senate. to Sergei Magnitsky when he tried to businesses and for human rights de- I am honored to be the chair of the speak out against corruption. I am sad- fenders in Russia. Chairman BAUCUS Judiciary Committee Subcommittee on dened that the leadership of a great na- and Chairman KERRY deserve a lot of the Constitution, Human Rights and tion such as Russia is resorting to credit for working together to get us to Civil Rights. We have had a series of these hideous tactics. They are a this point. hearings on the issues of human rights throwback of the worst of the Soviet I also want to join my colleague Sen- and laws in the United States that af- era. Our friends the Russian people de- ator DURBIN in singling out and com- fect them. I have also been honored to serve a vision that looks forward to a mending Senator CARDIN of Maryland join with Senator CARDIN of Maryland new future that includes freedom and for his tremendous effort to bring this who chairs our Helsinki Commission human rights, not the past which adds historic piece of human rights legisla- Senate Delegation and has been on sev- sad chapters of the denial of both of tion to the floor tonight. eral trips overseas. He has made human these. As one of the original cosponsors of rights a part of that commission and I am pleased today to speak in sup- the Magnitsky Act, I remember back in part of the United States. port of this bill. Unfortunately, it May of last year when Senator CARDIN One of the aspects of this bill is so doesn’t include the original Cardin first introduced the bill. Since that important. Sadly today in the country amendment. The original Cardin time, he has been the driving force that of Russia we are seeing evidence of bru- amendment had a global reach and said has pushed this measure forward. It has tal and horrific treatment of individ- that we would treat virtually anyone taken a lot of patience, a lot of perse- uals and abuse of human rights. Sen- guilty of these crimes the same way, verance, but his work on behalf of ator CARDIN—who I said earlier is a denying visas and freezing their assets human rights in Russia has paid off, great voice of human rights in the Sen- in the United States. Incidentally, that and he is a big reason why we are here ate—introduced legislation in this Con- provision is said to be similar to an debating this bill today. gress that would impose U.S. visa bans amendment that I just offered on the This legislation comes at a complex and asset freezes on those who commit Defense authorization bill as it related time in the bilateral relationship be- gross human rights violations around to supporting the M23 rebels causing tween the United States and Russia. the world. That is a Cardin amendment mayhem in the Congo. The truth is the history of this rela- which I thought was a good one. The Unfortunately, the new provision tionship has always been full of com- idea was simple: Those who commit modification of Senator CARDIN’s origi- plexity and seeming contradictions, such acts that are so contradictory to nal limits the activities to those that and today is no different. American values should not be allowed occurred in Russia. He and I both wish Over the last 4 years the subtle to visit or stash their wealth in our it had gone farther, but often those im- change in tone brought on by the reset country, period. posing harsh and arbitrary violations has allowed us to establish substantial The inspiration of this came from a of their own people like to travel and progress on some limited areas of mu- terrible episode which occurred in Rus- hide their money. They should not be tual interests including the New sia. A lawyer named Sergei Magnitsky allowed to do it in the United States. If START Treaty, Afghanistan, and Iran. died a tragic death while in custody in they want to enjoy the benefits of the In addition, Russia has finally joined Russia after being arrested for uncov- United States, respect our basic democ- the World Trade Organization, which is ering official corruption. Magnitsky racy and values. another mutually beneficial outcome. was working for Hermitage Capital, Let me say a word about the overall Russia will become a more fully en- once the largest Russian-only fund in bill. It is an important step forward gaged member of the global trade com- the world. Drawn into the feud between and creates more opportunity for munity, and in exchange it will be the fund and Russian law enforcement trade. I believe trade opens the doors forced to abide by internationally rec- authorities, he testified that senior for exchanges of ideas, people, culture, ognized rules on trade and investment, Russian Interior Ministry officers had and opens the doors to democracy. including international property en- used his employer’s companies to em- The United States exported nearly forcement, the elimination of some key bezzle $230 million from the Russian $43 billion in goods to Russia in 2011. tariffs, and greater transparency in its treasury. My State of Illinois exported $287 mil- laws and regulations. Later the same police officers he ac- lion in heavy equipment alone, such as Despite these obvious advantages for cused arrested him. They held him bulldozers and tractors. Extending per- the United States, our businesses are without bail on charges of evading manent normal trade relations to Rus- currently stuck on the sidelines and taxes. After 11 months in custody, re- sia will ensure business not only in Illi- unable to benefit from Russia’s acces- peatedly being denied medical care, he nois but across America to make sure sion because of the outdated Jackson- died at age 37. Russia’s top investiga- we don’t suffer a disadvantage of trade Vanik legislation. Although it was suc- tive commission said that he died of with Russia. cessful in its time, Jackson-Vanik re- heart disease and hepatitis that he Russia has made a dramatic break mains the last obstacle for U.S. busi- could have survived with basic medical with the Soviet past. The United nesses to gain critical access to Rus- care. A parallel Russian Presidential States can help Russia on its path to sian markets and create jobs here at advisory report said that he may have an even better future, one that is more home. died because of a beating while in pris- integrated socially and economically. The legislation before us now retires on. I again commend Senator CARDIN for Jackson-Vanik and lets American busi- Over time prison officials were dis- ensuring that our Nation’s intolerance nesses compete with the rest of the missed but got jobs elsewhere. Russian for human rights violations is not part world to sell exports to and attract in- authorities have also occasionally of this process. And to the many Rus- vestment from Russia. Each and every raised the prospect of a more thorough sian people who are trying to push for State stands to gain from this legisla- investigation, but they ignored exten- a more open and transparent country, tion. In my home State of New Hamp- sive evidence linking police officials to we applaud their noble and courageous shire, exports to Russia have been on Magnitsky’s death. Incredibly, some of efforts. the rise over the last 2 years, particu- those involved have even received med- I yield the floor. larly with respect to transportation als for meritorious service by the Rus- The PRESIDING OFFICER. The Sen- equipment, computers, electronics, and sian Government. ator from New Hampshire. machinery. If given the opportunity, I Sergei Magnitsky’s death is part of a Mrs. SHAHEEN. Mr. President, I rise am confident that New Hampshire deeply troubling retreat on basic polit- today in strong support of the legisla- businesses will be able to successfully ical freedom and human rights in Rus- tion before us, the repeal for Jackson- compete in the growing Russian mar- sia. Activists and human rights leaders Vanik for Russia and Moldova and the ket, and this legislation will help them

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.085 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7452 CONGRESSIONAL RECORD — SENATE December 5, 2012 to do that. So even as we seek areas of this issue. We have had many discus- clear by statute that it applied glob- mutual interest with Russia, we should sions about how to advance human ally. I strongly supported that. I sup- be honest and admit that areas of dis- rights and what is the best strategy to port that now. I would love to see that agreement remain. get the Magnitsky bill enacted into in our bill, but we need to get this bill Perhaps the most pressing issue for law. She has been a real champion with done. I would have preferred to see us today’s relationship with Russia is the her leadership on the Senate Foreign take up the amendment, hopefully pass human rights situation there. Indeed, Relations Committee on Europe and the amendment, and work it out with over the last 6 months we have seen her leadership on the Helsinki Commis- the House. However, it was the collec- perhaps the worst deterioration in Rus- sion. I thank her for her good advice tive wisdom that in order to get this sia’s human rights record since the for allowing us to be able to get to this bill done, particularly with the admin- breakup of the Soviet Union. The Putin day. istration’s position on it—they did not government has enacted a series of I am convinced tomorrow the Senate support the global legislative solution laws that restrict protests and public will pass this legislation, the President at this point—that it was unlikely we expression and severely constrain civil is going to sign it, and we will achieve would reach the finish line and get that society in the country. a great victory for human rights. done. As some may know, my home State I thank the Senator for her observa- That doesn’t diminish the global im- of New Hampshire has a motto that is tions as we were talking about how to pact of this bill. I need to underscore well known throughout this country. It move forward with this bill in connec- that. It does not diminish the global is: ‘‘Live free or die.’’ We are not am- tion with PNTR for Russia. I know impact of this bill. Senator MCCAIN is biguous regarding how we feel about Senator LIEBERMAN talked about it a right. Countries and individuals are on the principles on which this country little bit earlier. I am convinced, as notice. I can tell my colleagues that as was founded. The United States is not, important as this bill was, that the a Member of this body, I will be moni- should not, and will not be shy about Magnitsky bill by itself would have toring, and if there are individual peo- our staunch support for democratic been extremely difficult for us to get ple who have committed these gross values around the world. When it through to the President and for the violations and who are seeking to come comes to Russia, we should be no dif- President to sign into law and that in to America and use our banking sys- ferent. combining it with PNTR, we got it tem, I am going to take action. It may The Magnitsky bill before us is an done. I also believe that PNTR without be filing additional legislation. I hope important tool to raise the profile of Magnitsky would not have gotten done. we get it done. I hope we will find an human rights in Russia. It is supported So I think the marriage of these two opportunity to get the Senate language almost unanimously by opposition and bills was the right choice. They allow into law, that the legislative standard civil society figures across Russia. The us to move forward, as Senator LEVIN specifically applies globally. case of Mr. Magnitsky is a tragic one, said, repealing a provision that is not Let me point out we already have au- as so many people have eloquently relevant for Russia, while also allowing thority. The Secretary of State already talked about today. We are here as part us to make a new standard for Russia has authority to deny human rights of this legislation to press for account- that is relevant for our problems we violators the right to come to America. ability in his death. However, this is are confronting not just in Russia but Before I filed the Magnitsky bill, I sent really more than simply a question of throughout the globe. a letter to the Secretary of State say- one man’s tragic case. I wish to comment a little bit about The State Department’s human ing we know who the perpetrators of Senator LEVIN’s point. Senator LEVIN rights report annually describes count- the crimes against Mr. Magnitsky are; raised the issue of why couldn’t we less human rights violations, including deny them the right. They want to make this global. As Senator MCCAIN attacks on journalists, physical abuse come to America. They are planning to of citizens, politically motivated said, countries are on notice, particu- come to America. Don’t let them. We imprisonments, and government har- larly those countries that are known went back and forth a little bit as to assment and violence. There are nu- for their human rights violations. They what they were going to do. merous cases like Magnitsky and, un- now know what the standard is, and What is interesting is that I filed this fortunately, there are likely to be they know what action the United legislation with Senator MCCAIN and many more. States will take if they don’t meet that many others. Secretary Clinton took That is why this bill before us is so standard. action. She said we will deny them the important. It seeks to ensure that no The standard is very clear. I will just opportunity of coming to America; we human rights abusers in Russia are read it into the RECORD one more time have that authority. The Secretary of granted the privilege of traveling to so every country knows and every indi- the Treasury has certain authorities to this country or using our financial sys- vidual knows we will be taking action deny the rights of our banking system. tem. A strong, successful, and trans- against those who violate human So we have—our agencies have the in- parent Russia that protects the rights rights. It says any individual who ‘‘is herent authority to block human of its citizens is squarely in the inter- responsible for extrajudicial killings, rights violators from coming to Amer- est of the United States. The torture, or other gross violations of ica or using our banking system. Magnitsky Act will demonstrate that internationally recognized human Should we legislate to make that we stand unambiguously for the rule of rights committed against individual clear? Absolutely. Should we pass leg- law, for democracy, and for respect for seeking . . . to obtain, exercise, defend, islation that is global? Absolutely. I human rights in Russia. or promote internationally recognized hope we will do that. As we look forward and think about human rights. . . . ’’ Today we have the opportunity to our relationship with Russia, we have That is the standard. That is what is make a major advancement to estab- to be both pragmatic and principled. A in this bill. That is what we will be lish the standard in statute that we ex- successful policy with Russia will find voting on tomorrow. That is what has pect will be honored internationally, a way to both protect our interests and been approved by the House of Rep- globally, to provide the tools to act defend our values. I think the legisla- resentatives and I believe will be ap- against Russia because this is a PNTR tion that is before us today is a perfect proved tomorrow by this body and will Russia bill. We will be able to do that. example of how we can do both, and I be signed into law by the President of We also have the tools in place to be certainly hope my colleagues will the United States. We are establishing able to take further action. strongly support its passage and send the standard that will be used to deny So what I said earlier I think is abso- it directly to the President for his sig- human rights violators the right to lutely true. This isn’t an end of a chap- nature. visit our country, to obtain a visa, and ter of U.S. leadership. I can tell my col- Thank you very much. to use our banking system. leagues when Senator Jackson and The PRESIDING OFFICER. The Sen- Senator LEVIN is absolutely correct. Congressman Vanik suggested the use ator from Maryland. The bill that came out of the Senate of trade as a leverage to block trade Mr. CARDIN. Mr. President, I thank Foreign Relations Committee and the with countries if they didn’t respect Senator SHAHEEN for her leadership on Finance Committee made it crystal the basic human right of allowing their

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.086 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7453 people to leave, there were many peo- do believe we will have the opportunity find ourselves today. Rising Federal ple who said: Why are you doing that? to show America’s leadership will be budget deficits were the cause of Can’t we just talk it out? That bill pro- continuing to advance human rights. alarm. Almost everyone agreed that we duced incredible results not only on This legislation will make a difference needed to bring them down. The dif- the individuals who were able to leave not just in the trade relationships be- ficulty was how. Meeting the widely the Soviet Union, but it spoke to tween Russia and the United States—it differing priorities among members of America’s leadership. will help that—but it will help advance Congress—and the American people we I honestly believe it helped establish international respect for human rights. represented—seemed impossible. the principles where the United States I am proud to be part of that effort. used trade to open and eliminate the With that, I suggest the absence of a Senator Rudman, along with Senator apartheid government of South Africa. quorum. Ernest Hollings and Senator Phil We were the leaders on that. We have The PRESIDING OFFICER. The Gramm, crafted a solution. It is fair to been very strong on protecting human clerk will call the roll. say no one liked it very much. None of rights and saying: We will use every The legislative clerk proceeded to us here at the time, including me, tool at our disposal to protect people’s call the roll. voted for it with great enthusiasm. basic rights. We did that in South Afri- Mr. CARDIN. Mr. President, I ask That was its genius. By establishing a ca and we did that in the Soviet Union unanimous consent that the order for mechanism for automatic, across-the- and we are doing it again today. That the quorum call be rescinded. board spending cuts that would take is where America’s leadership shines. The PRESIDING OFFICER. Without place in the absence of a more tailored That is where America’s leadership will objection, it is so ordered. program of deficit reduction, they be followed by other countries. We are f sought to force all of us to make the already seeing other European capitals difficult choices required to reduce the pass similar legislation as the MORNING BUSINESS deficit. Magnitsky bill to make this clear. We Mr. CARDIN. Mr. President, I ask The arrangement Senators Rudman, are ending a chapter with Jackson- unanimous consent that the Senate Gramm and Hollings concocted was Vanik and we should be very proud of proceed to a period of morning busi- disagreeable to everybody, and so we what America stood for, what we stand ness, with Senators permitted to speak looked for ways to avoid it. I voted for for today, and our leadership in the therein for up to 10 minutes each. lives of real people and how it has the 1985 agreement in part because I The PRESIDING OFFICER. Without believed it would help force elected of- helped keep people safer. objection, it is so ordered. Now we are starting a new chapter ficials to get serious about the fact and that new chapter is not just Rus- f that revenue was an important part of sia. That new chapter is global. We are HONORING OUR ARMED FORCES the deficit-reduction formula. It was putting the international community true then, it was true now, and Warren SERGEANT FIRST CLASS DARREN LINDE on notice that we will not tolerate in- Rudman helped clarify that important SPECIALIST TYLER ORGAARD dividuals who violate basic human fact. We borrowed from Warren Rud- rights, and we will use every tool at Mr. BAUCUS. Mr. President, I wish man’s playbook with the sequestration our disposal, including trade, including to say a few words that deserve our at- provisions which are now the subject of the right to come to America, includ- tention. On Monday, an attack on U.S. so much debate and concern here. I dis- ing the right to use our banking sys- troops in Afghanistan claimed the lives like the blind, Draconian cuts of se- tem, including putting as much pres- of SFC Darren Linde and SPC Tyler questration today as much as I disliked sure as we possibly can on countries to Orgaard of the North Dakota National them in the 1980s. Now, as then, I am take action against those who violate Guard. hopeful that members of good will can rights. Sergeant Linde was a graduate of reach across the aisle to reach com- We respect the rights of individual Sidney High School in Montana. He promise solutions—solutions that we earned many honors throughout his ca- countries. We want to work with those may dislike in part, in order to avoid reer, including the Bronze Star, Purple countries, but America will not give up even worse outcomes. If we do so, it Heart, Army Commendation, and Army its values and on promoting these val- will be because of the Sword of Damo- Good Conduct medals. He was a hero ues internationally. That is what this cles called sequestration that hangs and a family man who put service to legislation is. over our heads. I know that is what others above all. I understand the disappointment that Senator Rudman would hope for, and we don’t have everything in this bill we May all of us honor the sacrifice and service of Sergeant Linde and Spe- be working hard for, if he were still would like. I am certainly dis- serving here. appointed. I fought hard. I spoke to so cialist Orgaad by looking for ways we many Members in both the House and can circle around our troops and their We should reflect on Senator Rud- the Senate about trying to make this families. There are no words to express man’s career today for another reason. bill even better. I am proud of how far how thankful we are for the ongoing When he decided not to stand for re- we were able to get, and I can tell my commitment and dedication they show election in 1992, he did so, in the words colleagues this: The activists who are every day. of the New York Times, because ‘‘the risking their lives today in countries Please join my wife Melodee and me Federal Government was not func- around the world to protect the rights in praying for the servicemembers and tioning’ and that it was impossible to of citizens, to question the actions of families devastated by this attack. get anything done in a Senate rife with their government, to dare to say we f posturing and partisanship.’’ should have competitive elections, we Maybe the lesson is that the present should respect the religious freedoms REMEMBERING WARREN B. RUDMAN always looks more partisan and polar- of individuals, we should be able to ized than the past. I hope all of us can speak out, these people are putting Mr. LEVIN. Mr. President, I want to reflect on Senator Rudman’s efforts to join my colleagues in extending condo- their lives at risk. They are looking at achieve practical solutions to difficult lences to the family of Senator Warren what the Senate is doing today, and problems, his willingness to com- Rudman, and add my voice to those sa- they are looking at us and saying: Pass promise, and his integrity, and keep luting a distinguished, effective and this bill. Pass this bill because it gives those qualities in mind as we struggle us hope. It lets our countries know principled member of this body. with the many and complex problems America will stand for us, that Amer- It has been hard in the last few we face today. ica’s leadership will be there to keep us months, for those of us who knew and safe. served with him, not to think of War- Barbara and I were terribly saddened I know we have had a spirited discus- ren Rudman. More than 2 decades ago, to learn of Warren Rudman’s passing. sion this evening. We will have a our circumstances were strikingly Our thoughts are with his family and chance tomorrow to vote on this bill. I similar to the situation in which we the many close friends who mourn him.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.087 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7454 CONGRESSIONAL RECORD — SENATE December 5, 2012 COMMEMORATING THE 84TH ∑ Mr. WEBB. Mr. President, December Wood is an ideal green building mate- BIRTHDAY OF HIS MAJESTY 5 marks the 85th birthday of His Maj- rial because it is renewable, stores car- KING BHUMIBOL ADULYADEJ esty King Bhumibol Adulyadej of Thai- bon that reduces greenhouse gases, and Mr. LUGAR. Mr. President, on behalf land. I would like to offer my sincerest is energy efficient. of myself as ranking member of the congratulations to His Majesty and to There are several green building rat- Senate Foreign Relations Committee the people of Thailand as they coming systems being used by Federal and Senator JAMES INHOFE, the ranking memorate his 66-year reign of Thai- agencies and the private marketplace member of the East Asia and Pacific land. now, and the competition among these Subcommittee, I rise today to com- The United States and Thailand have systems has resulted in improvements memorate the 85th birthday anniver- had an extensive, close relationship for in all of the green building standards. sary of His Majesty King Bhumibol nearly 200 years, beginning with the Some of these rating systems recognize Adulyadej who has reigned for 66 years Treaty of Amity and Cooperation in the benefits of American-made wood as King of Thailand. 1833. This treaty—the first U.S. treaty products in their scoring system. Over 50 years ago, the King, also in Asia—cemented the friendship be- It is important that the Department known as Rama IX, a long-time and tween the American and Thai people. of Defense, General Services Adminis- proven friend of the United States, ad- King Bhumibol has nurtured this rela- tration and other Federal agencies en- dressed a Joint Session of Congress. He tionship in line with our shared values sure that multiple green building and the people of Thailand have of democracy and rule law. He has been standards be considered for the design partnered with the people of the United a vital supporter of a free and open so- and construction of Federal buildings. States in war and in peace. As noted in ciety in Thailand and a stabilizing I believe the best approach is to per- the recent Thailand-U.S. Joint Vision force in the government’s transitions mit the marketplace to decide which Statement preceding President of political power. As the world’s long- rating system is best suited for each Obama’s recent trip to Thailand, ‘‘. . . est serving monarch, he has placed his project and Congress should encourage the Thai-U.S. defense alliance has pro- commitment to the Thai people above all of the rating systems to compete for government contracts. moted regional stability by fostering all. cooperation in areas that enables both I have visited Thailand many times f nations to address shared security con- over a span of more than 30 years. As REMEMBERING NORMA HOLMGREN cerns effectively’’. chairman of the East Asia and Pacific Mr. HATCH. Mr. President, I appre- The King has been internationally Affairs Subcommittee, I was fortunate recognized for his consistent dedica- ciate the opportunity today to pay to continue this close relationship, vis- tribute to a wonderful woman, devoted tion to promote the well-being of the iting Thailand numerous times to meet Thai people. Among the awards re- mother and grandmother, loyal friend, Thai leaders, and reaffirm my support exceptional employee, and patriotic ceived is the U.N. Development Pro- for a strong alliance with the United gram First Human Development Life- American Norma Holmgren. Norma States. I would like to thank King time Achievement Award. Over the last was my Northern Utah Area Director Bhumibol and the Thai government for 60 years the King has initiated thou- for 26 years and was devoted to our the courtesies extended to me over the sands of development projects through- state and nation. past 6 years of my service in the U.S. out Thailand addressing a wide range Sadly, Norma passed away this past of challenges including public health Senate. Going forward, I am confident weekend, as a result of a tragic acci- and education, agricultural develop- that the U.S.-Thai alliance will con- dent as she was taking her daily walk. ment and reforestation. tinue to be a critical partnership in Norma kept herself very active and Mr. President, in the Congress exten- guaranteeing stability in the Asia-Pa- physically fit and you could often find sive time and effort are dedicated to cific region. Norma walking the streets of her the consideration of major challenges Mr. President, I am so pleased to join neighborhood enjoying her sur- to the United States, domestically and the people of Thailand in celebrating roundings and neighbors. overseas. Endless debate carries on to the birthday of His Majesty King Norma retired from public service al- determine how to deal with leaders in Bhumibol Adulyadej, and extend my most 10 years ago, however her retire- those countries who do not share demo- best wishes to His Majesty for his good ment did not stop her from partici- cratic values, and in fact are opposed health.∑ pating in her community and con- to the United States actively engaging f tinuing her interest in republican politics. In fact, my staff contacted her in global free trade and the promotion GREEN BUILDING STANDARDS of our national security. last week to seek her advice on a con- Consequently, it is a pleasure and an Mr. PRYOR. Mr. President, I would stituent’s request. She was always honor on behalf of Senator INHOFE and like to thank Senator WICKER for available and happy to share her myself to highlight the life of His Maj- bringing attention to the need for the knowledge. She spent many years esty King Bhumibol Adulyadej, who Department of Defense, and all Federal working for the ideas and philosophy of has been steadfast in his friendship to agencies, to include American-made the Republican Party, and assumed nu- the American people. He is the longest- wood products in green building stand- merous leadership positions to further reigning monarch in the history of ards and rating systems. the cause. Norma loved politics and Thailand and currently the world’s I would also like to express my con- even after leaving the government and longest-reigning monarch as well. tinued support for Federal Government political arena, she still loved a good Mr. President I was pleased to re- measures designed to spur the design political conversation and was keenly cently visit Thailand and meet with and construction of high-performance interested in what was happening in government officials regarding Thai- green buildings. our state and nation. land’s participation in the Nunn-Lugar However, I am concerned that dis- Norma was a ferocious reader, and it Cooperative Threat Reduction, CTR, couraging certain wood building prod- was not unusual for Norma to visit her Program. Thailand is actively working ucts and materials from use in Federal local Costco and buy up to 20 books at to counter biological threats. Among buildings because they do not comply a time. She loved to learn and continue other areas, the U.S. will also continue with the LEED standard but are other- her education on so many issues, and to work to help Thailand control infec- wise acceptable for U.S. building would spend hours curled up with a tious disease that could become the projects, may undermine the Federal good book. source of a pandemic or the target of Government’s energy efficiency goals. She also loved antiques and was terrorists seeking to create a biologi- Wood products are among the most widely known for her collections that cal weapon. ‘‘green’’ of all building materials. she beautifully displayed throughout In conclusion, I am grateful for the With the green building market esti- her home. She would often invite overall relationship between our two mated to reach as high as $140 billion friends to come and see her latest find countries, and look forward to develop- by 2013, securing a strong place for or beautiful item and she was very ments in the future which will bring us wood is essential to the wood products proud of her life-long interest of an- closer together. industry’s future growth. tiques.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.060 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7455 Norma accomplished many great made friends in every nook and cranny to me, to her community, and to our things in her life, yet perhaps her of southern Utah and earned the re- great State. I will miss Marreen great- greatest accomplishment was the lov- spect of many. ly but know that life holds many excit- ing care and nurture she always dis- One aspect of her job that many do ing and wonderful new opportunities played to her son Randy and his wife, not realize, is the travel she undertook for her to enjoy. I want to wish whom she dearly loved. She also adored to fulfill her duties to the best of her Marreen the very best in retirement being a grandmother, and took great ability. Marreen’s field area includes and want her to know that I will be for- pride in her family and the relation- one of the most remote and unpopu- ever grateful for her good work and ships they shared. I had the pleasure of lated areas in the continental United loyal friendship. May Heavenly Father hosting Norma’s granddaughter Emily States. Traveling in her area can get bless Marreen and her family for the as a Senate page several years ago and very harrowing at times, but Marreen honorable person she is and the service I could see first-hand the great traits never let it stop her from doing her job. she has rendered to so many. Norma had instilled in her grand- She has traveled the icy roads in the f dead of winter, attended outdoor meet- daughter. TRIBUTE TO TOBY HYMAN I am grateful I had the opportunity ings in the searing heat, and even to work with Norma for many years, crashed on an ATV she was riding on Mr. KERRY. Mr. President, Toby and consider her a true friend. She be- for an event that sent her to the Emer- Hyman has become something of an in- lieved in public service and dem- gency Room. stitution in the Senate over the course onstrated her commitment to excel- And some of the issues Marreen has of her 17 odd years of service in the Of- lence on so many occasions. She was a worked on might seem trivial to some, fice of the Senate Chief Counsel for fierce advocate for the military and but have long-ranging impacts on rural Employment. I understand that she has spent years working as a liaison for me Utah. These issues have ranged from consistently and tirelessly devoted her- prairie dogs, desert tortoises, and at Hill Air Force Base where she gar- self to ensuring fairness for both Sen- Mexican wolves; to fighting with the nered the respect and admiration of the ate employees and their offices, help- Army Corps of Engineers over whether military leaders on the Base. Her influ- ing them sort through anything from a dry wash is a ‘‘navigable body of ence in so many areas will never be for- day-to-day concerns that arise to water.’’ I am not sure that she will gotten. courtroom arguments to union dis- Norma’s life touched many and she miss the tedious nature of some of putes, even in the midst of an anthrax these issues, but I am certain she will will be forever remembered as someone attack on her own office. miss the people in the many commu- Those who know her best say that who truly cared about her family, her nities she worked with to find solu- she displays compassion for employers friends, and in doing good for her com- tions to the problems. and employees alike, a deep under- munity. Elaine and I would like to ex- There has been no assignment ever standing of employment law and contend our deepest sympathies to Nor- given to Marreen that she did not ful- flict, and great skill resolving disputes ma’s family at the loss of their mother fill willingly and with a great deter- and achieving fair outcomes for all in- and grandmother; and pray that they mination to see it through. In fact, volved parties. By all accounts, the will find some peace and comfort in the Marreen has undertaken one of the Senate body is better today for her ef- memories they have shared. most tedious, yet important projects forts, which is why her retirement is f every year the Hatch Family Christ- received with bittersweet, much de- TRIBUTE TO MARREEN CASPER mas Card. This is a project I am cer- served well-wishes for the future by her tain she would like to have run from, Mr. HATCH. Mr. President, thank colleagues. yet year after year she planned, orga- Before her time here, Toby spent 20 you for the opportunity today to pay nized, and ensured that this card was years as a fine attorney at the pres- tribute to a wonderful woman, dedi- sent to thousands of Utahns helping me tigious Proskauer Rose firm in New cated public servant and loyal friend stay in touch with so many constitu- York City. Prior to that, she served as Marreen Casper. Marreen is retiring ents. For this seemingly thankless the first female law clerk for the Hon- from my staff at the end of the year task, I want to sincerely convey my ap- orable District Court Judge John F. and she will be very missed. preciation to her for her wonderful as- Dooling, Jr. And prior to that, she was Marreen joined my staff in 1999 and sistance that has meant so much to me a fine young citizen of the great State has been a shining star. She has tack- and to the many who received it. of Massachusetts. led some of the most difficult assign- Although Marreen has accomplished Toby grew up in a family like so ments that have faced my Utah Senate many great things in her professional many in Boston. She is a proud product Offices. She started as a Federal grants life perhaps her greatest accomplish- of Boston’s public schools, including coordinator and caseworker. However, ments have come because of her won- the Girls’ Latin School in Roxbury, when a need arose to fill a very impor- derful partnership with her husband who excelled in her studies and earned tant position in my organization, she Ron, and her loving and tender care of admittance to the government program willingly sold her house, and packed up her 5 children and 22 grandchildren. at Radcliffe College, from which she and moved to St. George, UT to become She dearly loves her family and ex- graduated magna cum laude. Toby then my Southern Utah Field Director. presses it often. She sincerely strives continued to impress her friends and Marreen has filled this position with to be at every important function in peers at Harvard Law School, where dogged determination, and a note- the lives of her family and is often she performed as an able editor of the worthy attention to details. She quick- traveling great distances so she can be Harvard Law Review and, once again, ly immersed herself into the commu- there for the noteworthy milestones. graduated with distinction. nity and became a true Southern She has also made her belief in the To afford these years of schooling, Utahn. She was always available to Church of Jesus Christ of Latter-day Toby simultaneously pursued a degree meet with and listen to the citizens of Saints central to her life and has in Jewish Education from Hebrew Col- this area of our State. She has at- served countless neighbors and friends lege in order to earn money teaching in tended literally hundreds of local gov- through the goodness of her heart. In Hebrew schools. She wanted to give ernment meetings, and discussed the fact, when other folks might think back to her community, pass on an issues affecting Southern Utah with their days of working with the youth in education that she so enjoyed to the many mayors, county commission and church service are over, Marreen ac- coming generation, and work with chil- council members, and community lead- cepted a call from her local Bishop to dren, all while making a little money ers every day she served. She has such lead the Young Women’s organization to sustain her during college. And so a warm demeanor and accepting per- in her Ward. She then spent several she made it happen. Pleased parents af- sonality that people from all walks of years mentoring and helping these fectionately labeled one of her classes life and positions felt comfortable to young women in various ways and the ‘‘Hebrew Sesame Street.’’ discuss with Marreen the issues impor- through her beautiful example. Service to others—standing up for tant to them, and know that she would I am truly grateful for the tremen- fairness and justice—has been a com- try to do something to help. She has dous service Marreen Casper has given mon thread running through Toby’s

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.020 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7456 CONGRESSIONAL RECORD — SENATE December 5, 2012 life. From her days back home in her conflict, in people rather than politics, largest of six Polish parishes in Balti- native Massachusetts, to her career in and that is to what he devoted his life. more and the largest in the Arch- New York City, to her visit to the So- Friends remember William having diocese. Over time, my family contin- viet Union in the late 1970s where she lunch every day with peers or first re- ued to attend Holy Rosary Church. My greeted oppressed Soviet Jews with en- sponders or community leaders, and he parents were married there. couragement and a helping hand, Toby would often be found chatting with Holy Rosary Church played a part in has treated people with compassion neighbors and storekeepers around Baltimore’s history. It is where we and respect and has stood up for their town or among the stands at local prayed through two World Wars and rights and dignity. Most recently, dur- sporting events. He was a sportsman the Great Depression. It is where we ing her time as an advocate for us all himself, with baseball second only to prayed that the Iron Curtain would be here in the Senate family, she worked family and community. When he lifted and Poland would be liberated. It with our offices to ensure a good and wasn’t coaching Somerset Little is where we organized to help the Soli- fair relationship between employers League, as he did for many years, he darity movement. It is where we wel- and employees. could be found out on the golf course. comed Pope John Paul II to Holy Ro- So it is no surprise that Toby intends I understand that William would sary when he was the Bishop of for the next chapter of her life to in- make time each day after lunch to ven- Krakow. That was the first time I met volve volunteer work teaching young ture to the park and watch the boats the Holy Father. children. She will continue in the ex- sailing the Taunton River. I imagine Holy Rosary was also where a stun- ample she has set throughout her life the gentle breeze off the water, the pa- ning miracle occurred. It was where and career as an educator, mediator, rade of ships coming and going with the Vatican recognized the healing of and advocate for fairness. I thank Toby the sun high in the sky, and William Fr. Ronald Pytel as a miracle through for dedicating so many years of her life sitting along the shore facing the the intercession of Blessed Faustina to service in the Senate and look for- water, breathing in the air and taking Kowalska, one of the miracles that led ward to all that she has yet to accom- in the moment. We won’t see him there to her canonization in 2000. plish—and wish her congratulations on any longer, but when we look out at Today I honor the past, celebrate the a well deserved retirement. the boats drifting by, we will think of present and have high hopes for the fu- f William and remember the goodness he ture of Holy Rosary parish. The mem- shared with the people of Somerset and bers continue to live their faith of ADDITIONAL STATEMENTS beyond. charity and hope. One hundred and To JoAnne and William’s family, I twenty-five years ago the people of REMEMBERING WILLIAM MEEHAN extend my deepest condolences. And to Holy Rosary came together to forge a William, I wish him eternal rest watch- parish community anchored on the be- ∑ Mr. KERRY. Mr. President I come to ing over his family and all those he liefs of Roman Catholicism and the the floor today to remember William cared about so deeply. And I wish him values of hard work, neighbor-helping- Meehan, an ‘‘icon’’ of Somerset, in the the same peace he found along the riv- neighbor and patriotism.∑ words of former fire chief Steven er’s edge.∑ f Rivard. He was a loving, and beloved, f husband to JoAnne, brother to Robert TRIBUTE TO TOM CASEY and John, father to John and Steve, RECOGNIZING HOLY ROSARY ∑ Mrs. MURRAY. Mr. President, I rise and grandfather to Jake, Owen, and CHURCH today to acknowledge the 30 years of Liam. William is remembered by those ∑ Ms. MIKULSKI. Mr. President, I rise service of Grays Harbor Public Utility who knew him best as an impassioned to honor the Holy Rosary Church of District Commissioner Tom Casey and cheerleader and reliable presence on Baltimore as it marks its 125th anni- to congratulate him on his retirement. the sidelines of his grandchildren’s versary. Commissioner Casey is the longest- sports games, as a thoughtful and com- Holy Rosary Church was consecrated serving Grays Harbor PUD Commis- passionate voice on the Board of Se- on December 8, 1887. From the begin- sioner and is concluding his fifth term lectmen, as an affable, warm family ning, the church provided a spiritual in office. man armed with a lively Irish humor. home for new Americans who emi- Commissioner Casey was elected to William was an anchor of his family grated from Poland. My own family the Grays Harbor PUD Board of Com- and of his town. His care for his town were parishioners from the beginning. missioners in 1982. Prior to serving in shone through his work and was re- The church was the center of the com- public office, he was actively involved flected in his daily life. The people of munity. It was the school. It is where in energy and public utility issues from Somerset recall a dedicated public new Americans came to practice their his home in Satsop, WA. Commissioner servant who embodied the most noble faith in their new home. While facing Casey also worked as a Policy Analyst qualities of a community advocate all the challenges of life in a new coun- in the Washington State House of Rep- while eschewing the divisive dema- try, Holy Rosary provided a place of resentatives. goguery that too often finds its way comfort and spiritual guidance. The Commissioner Casey’s commitment into politics. In his 15 years as one of Church provided a place to practice the to public power was not limited to only three selectmen for his town, he proved beloved traditions of their Catholic the Grays Harbor Public Utility Dis- time and again that he was more inter- faith. It became one of the largest Pol- trict. Commissioner Casey served on ested in understanding the concerns of ish parishes in Baltimore. Its priests the Board of Directors of Energy others and finding a just solution to were beloved in the community. The Northwest for 12 years, 8 of which were any problem than he was in political church also had a parochial school on the executive board. Commissioner bickering. And his example inspired staffed by the beloved Felician nuns. Casey also served on the Executive those around him, with his son Michael They not only taught the three R’s—re- Council of the Public Power Council venturing into public service and actu- ligion, reading, writing—they helped for 16 years. ally serving in my office for many young people get on the path of citizen- Commissioner Casey was also a key years with great distinction. ship. They were a bridge between the leader in the effort to create a Public In his last year on the board of se- old world and the new. Development Authority to transform lectmen, William was a part of the My great grandmother was one of the non-operational nuclear plant site opening of the Veterans Memorial those immigrants who worshiped at in Grays Harbor County into an indus- Bridge, a decade’s long project to con- Holy Rosary. Like so many, she came trial park for economic development in nect Fall River with Somerset over the with little money in her pocketbook, a part of the state with high unemploy- Taunton River. And he was intimately but big dreams in her heart for a new ment. involved in the process that put into and better life. And that life was nur- Commissioner Casey has been a motion plans for the new Somerset tured by the Polish American commu- fierce advocate for public power for Berkley Regional High School. His in- nity at Holy Rosary parish. In the 1920s decades. That spirit of advocacy for terest was always in community over and 1930s, Holy Rosary parish was the public power has been a keystone for

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G05DE6.017 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7457 Commissioner Casey for as long as I RECOGNIZING THE BANKERY which were referred to the appropriate have known him. As he retires from ∑ Ms. SNOWE. Mr. President, our Na- committees. public service, I join with others tion’s entrepreneurs understand the (The messages received today are throughout the Northwest in thanking rigors and fears of starting a new busi- printed at the end of the Senate pro- Commissioner Casey for his years of ness from scratch. The creativity, ceedings.) service and his steadfast belief in the adaptability, and courage it takes to f unique value of public power.∑ open a business are immense. However, MESSAGES FROM THE HOUSE f because of that risk and uncertainty, At 11:55 a.m., a message from the TRIBUTE TO WILMA JINKS the rewards seem all the greater. The House of Representatives, delivered by ∑Mr. PRYOR. Mr. President, it is with drive and determination required of a Mr. Novotny, one of its reading clerks, the greatest pleasure that I rise today new business can be seen prevalently in announced that the House has passed to honor Wilma Jinks, of Piggott, AR, the entrepreneurs of my home State of the following bills, in which it requests who is celebrating her 100th birthday. Maine. Many of today’s businesses cre- the concurrence of the Senate: ate a meeting ground where classic and Wilma grew up on a farm north of H.R. 316. An act for the relief of Ester Piggott, AR. Her rural location re- traditional meets the new and innova- Karinge. quired her to walk 2 miles for school tive; refurbishing nostalgia and re- H.R. 357. An act for the relief of Corina de daily, an incomprehensible feat in the vamping tradition. I rise to recognize a Chalup Turcinovic. modern age of transportation, but to business steeped in history which em- H.R. 794. An act for the relief of Allan Wilma, it was something you just had braces the challenges of today with Bolor Kelley. youthful vigor. H.R. 823. An act for the relief of Maria Car- to do. As you will see, this approach to men Castro Ramirez and J. Refugio Carreno life would serve Wilma well in later The Bankery located in downtown Rojas. years. Following her graduation from Skowhegan, ME seamlessly blends an- H.R. 824. An act for the relief of Daniel Piggott High School in 1930, Wilma tique charm and history with an inno- Wachira. went on to serve as deputy county vative repurposing of space. Opened in H.R. 1857. An act for the relief of Bartosz clerk. In this capacity, Wilma and her 2008 by owners Michael Hunt, graduate Kumor. colleague, Ruth Ballard, would make from the University of Maine, and Mat- H.R. 6582. An act to allow for innovations and alternative technologies that meet or town history when they issued 101 mar- thew DuBois, alumnus of the Con- exceed desired energy efficiency goals, and riage licenses in one day, leaving some necticut Culinary Institute, The to make technical corrections to existing to joke that Piggott should change its Bankery is more than a classic bakery. Federal energy efficiency laws to allow name to ‘‘Marrying Town’’. It was not The sweets and confections of this bak- American manufacturers to remain competi- long after that Wilma would join those ery are kept under lock and key, lit- tive. 101 newlyweds. In 1935, she would meet erally. The Bankery is housed in a ren- her future husband, Harold, while ovated bank that was built in 1864. The At 12:34 p.m., a message from the working as a secretary in his brother’s owners preserved the history of the ar- House of Representatives, delivered by office. They would remain devoted to chitecture by carefully restoring the Mr. Novotny, one of its reading clerks, each other until his death in 1995. original vaults and displaying many announced that the House has passed In 1962, President Kennedy appointed nostalgic mementos from the build- the following bill, in which it requests Harold as director of the Postmasters ing’s original purpose. the concurrence of the Senate: and Rural Appointments Division of After expanding from a simple menu H.R. 6634. An act to change the effective the United States Post Office, and in of classic baked goods to include meal date for the Internet publication of certain financial disclosure forms. April of the same year, Harold and items such as soups, sandwiches, and Wilma moved to Washington, D.C. meat pies, The Bankery continues on f While in the District, the Jinks en- an upward and outward trajectory. In MEASURES REFERRED joyed the same social circles as the Na- 2010, Michael and Matthew acquired The following bills were read the first tion’s leaders, and routinely attended their next door neighbor, Skowhegan and the second times by unanimous the same events as President Kennedy Fleuriste, a florist and formal wear consent, and referred as indicated: and President Johnson. Yet, Wilma and shop. Now they offer a one-stop-shop Harold still missed Arkansas. After H.R. 316. An act for the relief of Esther for many events. It is their ambition Karinge; to the Committee on the Judiciary. four years of rubbing elbows on the na- and continued desire to pursue the next H.R. 357. An act for the relief of Corina de tional stage, they moved back to challenge and grow in new ways that Chalup Turcinovic; to the Committee on the Piggott in April of 1966 and partnered gives them a competitive edge and is so Judiciary. with former Arkansas Governor Orvil characteristic of Maine’s small busi- H.R. 794. An act for the relief of Allan Faubus in purchasing Piggott’s news- ness owners. Bolor Kelley; to the Committee on the Judi- ciary. paper, The Piggott Banner in 1967. With an eye to the future and a nod Even after Harold’s retirement, there H.R. 823. An act for the relief of Maria Car- to the past, The Bankery has met the was no slowing down ‘‘Team Jinks’’. men Castro Ramirez and J. Refugio Carreno challenges of growing a new business Rojas; to the Committee on the Judiciary. Wilma and Harold’s can do attitude with excellence. I know that, through H.R. 824. An act for the relief of Daniel was infectious throughout the State, their hard work and delicious products, Wachira; to the Committee on the Judiciary. earning the friendship of every major this Skowhegan staple will continue to H.R. 1857. An act for the relief of Bartosz officeholder in Arkansas, as well as two Kumor; to the Committee on the Judiciary. flourish. I offer Matthew and Michael of our Nation’s great leaders, President and everyone at The Bankery con- f Carter and President Clinton. Senator gratulations on their success and best EXECUTIVE AND OTHER Dale Bumpers said of Harold ‘‘if the wishes for a sweet future.∑ COMMUNICATIONS term yellow-dog’ were in the dic- tionary, Harold Jinks would be listed f The following communications were laid before the Senate, together with as the definition.’’ Harold went on to MESSAGES FROM THE PRESIDENT form several grassroots organizations accompanying papers, reports, and doc- in Arkansas and served as chairman of Messages from the President of the uments, and were referred as indicated: the Arkansas Joint Legislative Com- United States were communicated to EC–8427. A communication from the Direc- mittee of the National Retired Teach- the Senate by Mr. Pate, one of his sector of the Regulatory Management Division, ers Association and AARP. Wilma was retaries. Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- proudly by his side for every step. f Mr. President, Wilma Jinks truly is titled ‘‘Alkyl(C8-C18) dimethylamido- EXECUTIVE MESSAGES REFERRED propylamines; Exemption from the Require- one of Arkansas’s gems and we are ment of a Tolerance’’ (FRL No. 9369–2) re- blessed to have her. I ask my col- As in executive session the Presiding ceived in the Office of the President of the leagues to join me today in congratu- Officer laid before the Senate messages Senate on November 29, 2012; to the Com- lating Wilma Jinks as she and her fam- from the President of the United mittee on Agriculture, Nutrition, and For- ily celebrates her 100th birthday.∑ States submitting sundry nominations estry.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.013 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7458 CONGRESSIONAL RECORD — SENATE December 5, 2012 EC–8428. A communication from the Direc- EC–8437. A communication from the Assist- through September 30, 2012; to the Com- tor of the Regulatory Management Division, ant Secretary, Legislative Affairs, Depart- mittee on Homeland Security and Govern- Environmental Protection Agency, transmit- ment of State, transmitting, certification of mental Affairs. ting, pursuant to law, the report of a rule en- proposed issuance of an export license pursu- titled ‘‘Halosulfuron-methyl; Pesticide Tol- ant to section 36(c) of the Arms Export Con- f erances’’ (FRL No. 9370–6) received in the Of- trol Act (Transmittal No. DDTC 12–162); to fice of the President of the Senate on No- the Committee on Foreign Relations. REPORTS OF COMMITTEES vember 29, 2012; to the Committee on Agri- EC–8438. A communication from the Direc- culture, Nutrition, and Forestry. tor of Regulations and Policy Management The following reports of committees EC–8429. A communication from the Acting Staff, Food and Drug Administration, De- were submitted: Secretary of Commerce, transmitting, pursu- partment of Health and Human Services, By Mr. ROCKEFELLER, from the Com- ant to law, the report of several violations of transmitting, pursuant to law, the report of mittee on Commerce, Science, and Transpor- the Antideficiency Act in a National Oceanic a rule entitled ‘‘Irradiation in the Produc- tation: and Atmospheric Administration account; to tion, Processing and Handling of Food’’ Report to accompany S. 183, A bill to clar- the Committee on Appropriations. (Docket No. FDA–1999–F–1267) received in the ify the applicability of certain maritime EC–8430. A communication from the Dep- Office of the President of the Senate on De- laws with respect to the blowout and explo- uty Assistant Director for Legislative Af- cember 3, 2012; to the Committee on Health, sion of the mobile offshore drilling unit fairs, Consumer Financial Protection Bu- Education, Labor, and Pensions. Deepwater Horizon (Rept. No. 112–245). reau, transmitting, pursuant to law, the An- EC–8439. A communication from the Direc- Report to accompany S. 1759, A bill to fa- nual Report of the Consumer Financial Pro- tor of Regulations and Policy Management cilitate the hosting in the United States of tection Bureau on College Credit Cards; to Staff, Food and Drug Administration, De- the 34th America’s Cup by authorizing cer- the Committee on Banking, Housing, and partment of Health and Human Services, tain eligible vessels to participate in activi- Urban Affairs. transmitting, pursuant to law, the report of ties related to the competition (Rept. No. EC–8431. A communication from the Direc- a rule entitled ‘‘Irradiation in the Produc- 112–246). tor of the Regulatory Management Division, tion, Processing and Handling of Food’’ Report to accompany S. 2279, A bill to Environmental Protection Agency, transmit- (Docket No. FDA–1999–F–4617) received in the amend the R.M.S. Titanic Maritime Memo- ting, pursuant to law, the report of a rule en- Office of the President of the Senate on De- rial Act of 1986 to provide additional protec- titled ‘‘Approval and Promulgation of Air cember 3, 2012; to the Committee on Health, tion for the R.M.S. Titanic and its wreck Quality Implementation Plans; Virginia; The Education, Labor, and Pensions. site, and for other purposes (Rept. No. 112– 2002 Base Year Emissions Inventory for the EC–8440. A communication from the Chair- Washington DC–MD-VA Nonattainment Area 247). man of the National Endowment for the Report to accompany S. 3410, A bill to ex- for the 1997 Fine Particulate Matter Na- Arts, transmitting, pursuant to law, the tional Ambient Air Quality Standard’’ (FRL tend the Undertaking Spam, Spyware, and Semiannual Report of the Inspector General, No. 9755–5) received during adjournment of Fraud Enforcement With Enforcers Beyond the Chairman’s Semiannual Report on Final the Senate in the Office of the President of Borders Act of 2006, and for other purposes Action Resulting from Audit Reports, In- the Senate on September 28, 2012; to the (Rept. No. 112–248). spection Reports, and Evaluation Reports for Committee on Environment and Public the period from April 1, 2012 through Sep- Works. f EC–8432. A communication from the Direc- tember 30 , 2012; to the Committee on Home- tor of the Regulatory Management Division, land Security and Governmental Affairs. INTRODUCTION OF BILLS AND EC–8441. A communication from the Acting Environmental Protection Agency, transmit- JOINT RESOLUTIONS Administrator of the General Services Ad- ting, pursuant to law, the report of a rule en- The following bills and joint resolu- titled ‘‘Approval and Promulgation of Air ministration, transmitting, pursuant to law, Quality Implementation Plans; Pennsyl- the Administrator’s Semiannual Manage- tions were introduced, read the first vania; Allegheny County Incorporation by ment Report to Congress; to the Committee and second times by unanimous con- Reference of Pennsylvania’s Control of NOx on Homeland Security and Governmental Af- sent, and referred as indicated: fairs. Emissions from Glass Melting Furnaces’’ By Mrs. BOXER: (FRL No. 9755–4) received in the Office of the EC–8442. A communication from the Dep- uty Secretary of the Interior , transmitting, S. 3657. A bill to amend the Help America President of the Senate on November 29, Vote Act of 2002 to ensure that voters in 2012; to the Committee on Environment and pursuant to law, the Department of the Inte- rior’s Semiannual Report of the Inspector elections for Federal office do not wait in Public Works. long lines in order to vote; to the Committee EC–8433. A communication from the Direc- General for the period from April 1, 2012 through September 30, 2012; to the Com- on Rules and Administration. tor of the Regulatory Management Division, By Mr. BURR: Environmental Protection Agency, transmit- mittee on Homeland Security and Govern- mental Affairs. S. 3658. A bill to designate the Federal ting, pursuant to law, the report of a rule en- building and United States courthouse lo- titled ‘‘Revisions to the California State Im- EC–8443. A communication from the Acting Director of the Peace Corps, transmitting, cated at 300 Fayetteville Street in Raleigh, plementation Plan, for Imperial County, North Carolina, as the ‘‘Jesse Helms Federal Placer County and Ventura County Air Pol- pursuant to law, the Corps’ Performance and Accountability Report for fiscal year 2012; to Building and United States Courthouse’’; to lution Control Districts’’ (FRL No. 9710–3) the Committee on Environment and Public received in the Office of the President of the the Committee on Homeland Security and Governmental Affairs. Works. Senate on November 29, 2012; to the Com- By Mr. CONRAD (for himself and Mr. mittee on Environment and Public Works. EC–8444. A communication from the Chief WYDEN): EC–8434. A communication from the Assist- Financial Officer, Farm Credit System In- S. 3659. A bill to repeal certain changes to ant Secretary, Bureau of Political-Military surance Corporation, transmitting, pursuant Affairs, Department of State, transmitting, to law, a report relative to the requirements contracts with Medicare Quality Improve- pursuant to law, an addendum to a certifi- of the Federal Managers’ Financial Integrity ment Organizations, and for other purposes; cation, transmittal number: DDTC 12–153, of Act and the Inspector General Act of 1978; to to the Committee on Finance. the proposed sale or export of defense arti- the Committee on Homeland Security and By Mr. CASEY: cles and/or defense services to a Middle East Governmental Affairs. S. 3660. A bill to extend the payroll tax hol- country regarding any possible affects such a EC–8445. A communication from the Dep- iday and to amend the Internal Revenue sale might have relating to Israel’s Quali- uty Director, Office of Management and Code of 1986 to provide a temporary payroll tative Military Edge over military threats to Budget, Executive Office of the President, increase tax credit for certain employees; to Israel; to the Committee on Foreign Rela- transmitting, pursuant to law, a report rel- the Committee on Finance. tions. ative to unvouchered expenditures; to the By Mr. NELSON of Florida (for himself EC–8435. A communication from the Assist- Committee on Homeland Security and Gov- and Mrs. HUTCHISON): ant Legal Adviser for Treaty Affairs, Depart- ernmental Affairs. S. 3661. A bill to reaffirm and amend the ment of State, transmitting, pursuant to the EC–8446. A communication from the Dep- National Aeronautics and Space Administra- Case-Zablocki Act, 1 U.S.C. 112b, as amended, uty Director, Congressional Affairs, Federal tion Authorization Act of 2010, and for other the report of the texts and background state- Election Commission, transmitting, pursu- purposes; to the Committee on Commerce, ments of international agreements, other ant to law, the Semiannual Report of the In- Science, and Transportation. than treaties (List 2012–0170 - 2012–0183); to spector General for the period from April 1, By Mr. BROWN of Massachusetts (for the Committee on Foreign Relations. 2012 through September 30, 2012; to the Com- himself, Mr. KERRY, and Mr. MORAN): EC–8436. A communication from the Assist- mittee on Homeland Security and Govern- S. 3662. A bill to designate the facility of ant Secretary, Legislative Affairs, Depart- mental Affairs. the United States Postal Service located at 6 ment of State, transmitting, certification of EC–8447. A communication from the Chair- Nichols Street in Westminster, Massachu- proposed issuance of an export license pursu- man and Members of the Federal Labor Rela- setts, as the ‘‘Lieutenant Ryan Patrick ant to section 36(c) of the Arms Export Con- tions Authority, transmitting, pursuant to Jones Post Office Building’’; to the Com- trol Act (Transmittal No. DDTC 12–130); to law, the Office of Inspector General Semi- mittee on Homeland Security and Govern- the Committee on Foreign Relations. annual Report for the period of April 1, 2012 mental Affairs.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.033 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7459 SUBMISSION OF CONCURRENT AND (Mrs. FEINSTEIN) was added as a co- Whereas, in 2001, Mr. Gross founded JBDC, SENATE RESOLUTIONS sponsor of S. 3472, a bill to amend the LLC to support Internet connectivity in locations with little or no access; The following concurrent resolutions Family Educational Rights and Pri- vacy Act of 1974 to provide improve- Whereas, on February 10, 2009, JBDC, LLC and Senate resolutions were read, and received a subcontract with the United referred (or acted upon), as indicated: ments to such Act. States Agency for International Develop- By Mr. MORAN (for himself, Mr. S. 3575 ment (USAID); CARDIN, Mr. LUGAR, Ms. MIKULSKI, At the request of Mr. BENNET, the Whereas, working as a subcontractor for Mr. RUBIO, Mr. MENENDEZ, Mr. DUR- name of the Senator from Oregon (Mr. the United States Agency for International BIN, Mr. BLUNT, Mr. LIEBERMAN, Mr. MERKLEY) was added as a cosponsor of Development, Mr. Gross sought to establish BINGAMAN, Mr. HELLER, Mr. KOHL, S. 3575, a bill to amend the Older Amer- wireless networks and improve Internet and Mr. NELSON of Florida, Mr. WHITE- icans Act of 1965 to provide equal treat- Intranet access and connectivity for a small, HOUSE, Mr. KIRK, Mr. WYDEN, Mrs. ment of LGBT older individuals. peaceful, non-dissident, Cuban Jewish com- FEINSTEIN, Mrs. HUTCHISON, Mr. munity; S. 3616 BOOZMAN, Mr. BLUMENTHAL, Mr. Whereas Mr. Gross made 5 trips to Cuba in ANDRIEU CASEY, Mr. WARNER, Mr. JOHNSON of At the request of Ms. L , the furtherance of the United States Agency for South Dakota, Mrs. BOXER, Mr. name of the Senator from North Da- International Development project he was BROWN of Ohio, Mr. CORNYN, Mr. kota (Mr. HOEVEN) was added as a co- subcontracted to support; COBURN, Mr. LAUTENBERG, Mr. sponsor of S. 3616, a bill to amend the Whereas the last time Mr. Gross was in the PORTMAN, Mr. COONS, Mr. TOOMEY, Internal Revenue Code of 1986 to make United States was on November 24, 2009; and Mr. REED): permanent the expansion of tax bene- Whereas Mr. Gross was arrested on Decem- S. Res. 609. A resolution calling for the im- fits for adoption enacted in 2001 and to ber 3, 2009, in Havana, Cuba; mediate and unconditional release of United permanently reinstate the expansion of Whereas Mr. Gross was detained without States citizen Alan Phillip Gross from deten- charge for 14 months; tion in Cuba and urging the Government of tax benefits for adoption enacted in Whereas Mr. Gross was charged in Feb- Cuba to address his medical issues; consid- 2010, and for other purposes. ruary 2011 with ‘‘actions against the inde- ered and agreed to. S. RES. 595 pendence or the territorial integrity of the By Mr. ROCKEFELLER (for himself At the request of Ms. LANDRIEU, the state’’; and Mrs. HUTCHISON): names of the Senator from Texas (Mrs. Whereas Mr. Gross’s trial lasted only 2 S. Res. 610. A resolution commemorating HUTCHISON), the Senator from Ne- days, after which he was sentenced to 15 the 60th anniversary of the Graduate Re- braska (Mr. NELSON) and the Senator years in prison; search Fellowship Program of the National Whereas Mr. Gross and his wife Judy have from New Jersey (Mr. LAUTENBERG) Science Foundation; considered and agreed 2 daughters, one of which was diagnosed with to. were added as cosponsors of S. Res. 595, breast cancer in 2010; f a resolution expressing support for the Whereas Mr. Gross’s 90-year old mother goals of National Adoption Day and ADDITIONAL COSPONSORS was diagnosed with inoperable cancer in Feb- National Adoption Month by pro- ruary 2011; S. 543 moting national awareness of adoption Whereas, in 2011, Mr. Gross’s wife Judy un- At the request of Mr. WYDEN, the and the children awaiting families, derwent surgery, causing her to miss consid- name of the Senator from New York celebrating children and families in- erable time from work and putting further (Mr. SCHUMER) was added as a cospon- volved in adoption, and encouraging financial strain on their family; Whereas Mr. Gross is 63 years old and has sor of S. 543, a bill to restrict any State the people of the United States to se- or local jurisdiction from imposing a lost more than 105 pounds since being de- cure safety, permanency, and well- tained in Cuba; new discriminatory tax on cell phone being for all children. Whereas Mr. Gross has developed degenera- services, providers, or property. f tive arthritis in his leg and a mass behind S. 1880 his shoulder; At the request of Mr. BARRASSO, the SUBMITTED RESOLUTIONS Whereas the Government of Cuba has de- name of the Senator from South Caro- nied requests by Mr. Gross for an inde- lina (Mr. GRAHAM) was added as a co- pendent medical examination; SENATE RESOLUTION 609—CALL- Whereas Mr. Gross’s legal representative sponsor of S. 1880, a bill to repeal the ING FOR THE IMMEDIATE AND health care law’s job-killing health in- filed an appeal to the Working Group on Ar- UNCONDITIONAL RELEASE OF bitrary Detention of the United Nations in surance tax. UNITED STATES CITIZEN ALAN August 2012; and S. 1897 PHILLIP GROSS FROM DETEN- Whereas, since Mr. Gross was detained by At the request of Mr. CASEY, the TION IN CUBA AND URGING THE the Government of Cuba on December 3, 2009, name of the Senator from Maryland GOVERNMENT OF CUBA TO AD- his health has severely deteriorated and his family members have suffered health and fi- (Ms. MIKULSKI) was added as a cospon- DRESS HIS MEDICAL ISSUES sor of S. 1897, a bill to amend Public nancial problems: Now, therefore, be it Law 101–377 to revise the boundaries of Mr. MORAN (for himself, Mr. CARDIN, Resolved, That the Senate— the Gettysburg National Military Park Mr. LUGAR, Ms. MIKULSKI, Mr. RUBIO, (1) calls for the immediate and unconditional release of United States citizen Alan to include the Gettysburg Train Sta- Mr. MENENDEZ, Mr. DURBIN, Mr. BLUNT, Mr. LIEBERMAN, Mr. BINGAMAN, Mr. Phillip Gross; and tion, and for other purposes. (2) urges the Government of Cuba in the HELLER, Mr. KOHL, Mr. NELSON of Flor- S. 2178 meantime to provide all appropriate diag- At the request of Mr. CARPER, the ida, Mr. WHITEHOUSE, Mr. KIRK, Mr. nostic and medical treatment to address the name of the Senator from Maine (Ms. WYDEN, Mrs. FEINSTEIN, Mrs. full range of medical issues facing Mr. Gross COLLINS) was added as a cosponsor of S. HUTCHISON, Mr. BOOZMAN, Mr. and to allow him to choose a doctor to pro- 2178, a bill to require the Federal Gov- BLUMENTHAL, Mr. CASEY, Mr. WARNER, vide him with an independent medical as- ernment to expedite the sale of under- Mr. JOHNSON of South Dakota, Mrs. sessment. utilized Federal real property. BOXER, Mr. BROWN of Ohio, Mr. COR- f S. 2318 NYN, Mr. COBURN, Mr. LAUTENBERG, Mr. SENATE RESOLUTION 610—COM- At the request of Mr. KERRY, the PORTMAN, Mr. COONS, Mr. TOOMEY, and MEMORATING THE 60TH ANNI- name of the Senator from Minnesota Mr. REED of Rhode Island) submitted VERSARY OF THE GRADUATE (Mr. FRANKEN) was added as a cospon- the following resolution; which was RESEARCH FELLOWSHIP PRO- sor of S. 2318, a bill to authorize the considered and agreed to: GRAM OF THE NATIONAL Secretary of State to pay a reward to S. RES. 609 SCIENCE FOUNDATION combat transnational organized crime Whereas, Alan Phillip Gross, a citizen of and for information concerning foreign the United States, was born in New York on Mr. ROCKEFELLER (for himself and nationals wanted by international May 2, 1949, and is a resident of the State of Mrs. HUTCHISON) submitted the fol- criminal tribunals, and for other pur- Maryland; lowing resolution; which was consid- Whereas Mr. Gross has devoted his profes- ered and agreed to: poses. sional life to helping others through his S. 3472 work in international development and has S. RES. 610 At the request of Ms. LANDRIEU, the served in more than 50 countries and terri- Whereas the United States is a world lead- name of the Senator from California tories worldwide; er in science, technology, engineering, and

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mathematics (STEM) fundamental research INHOFE, and Mr. DEMINT)) proposed an SEC. 4. DEFINITIONS. and related education; amendment to the bill S. 3331, to provide for In this Act, the terms ‘‘accrediting enti- Whereas an excellent STEM higher-edu- universal intercountry adoption accredita- ty’’, ‘‘adoption service’’, ‘‘Convention adop- cation system is critical to the development tion standards, and for other purposes. tion’’, and ‘‘person’’ have the meanings given of a robust and inclusive U.S. STEM work- f those terms in section 3 of the Intercountry force and to U.S. global science and engi- Adoption Act of 2000 (42 U.S.C. 14902). neering preeminence; TEXT OF AMENDMENTS f Whereas Congress and President Harry S. SA 3310. Mr. CARDIN (for Mr. KERRY Truman created the National Science Foun- AUTHORITY FOR COMMITTEES TO (for himself, Mr. LUGAR, Ms. LANDRIEU, dation (NSF), an independent Federal agen- MEET cy, 62 years ago specifically to advance sci- Mr. INHOFE, and Mr. DEMINT)) pro- COMMITTEE ON HEALTH, EDUCATION, LABOR AND entific discovery and innovation through the posed an amendment to the bill S. 3331, PENSIONS Nation’s basic research and STEM education to provide for universal intercountry infrastructure; adoption accreditation standards, and Ms. KLOBUCHAR. Mr. President, I Whereas fundamental research supported for other purposes; as follows: ask unanimous consent that the Com- by NSF across all scientific disciplines have Strike all after the enacting clause and in- mittee on Health, Education, Labor, resulted in many significant contributions to sert the following: and Pensions be authorized to meet Americans’ health and security, as well as to during the session of the Senate on De- technological innovation and U.S. economic SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Inter- cember 5, 2012. prosperity; The PRESIDING OFFICER. Without Whereas advances in knowledge are made country Adoption Universal Accreditation possible by researchers who focus on the fun- Act of 2012’’. objection, it is so ordered. damental properties of nature, and who men- SEC. 2. UNIVERSAL ACCREDITATION REQUIRE- SUBCOMMITTEE ON AFRICAN AFFAIRS tor and educate the next generation of sci- MENTS. Ms. KLOBUCHAR. Mr. President, I entists and engineers; (a) IN GENERAL.—The provisions of title II ask unanimous consent that the Com- Whereas 60 years ago, NSF purposefully and section 404 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14901 et seq.), and re- mittee on Foreign Relations be author- created the Graduate Research Fellowship ized to meet during the session of the Program (GRFP) as an instrument to pre- lated implementing regulations, shall apply pare the Nation’s reservoir of science and en- to any person offering or providing adoption Senate on December 5, 2012, at 9 a.m., gineering talent; services in connection with a child described to hold a African Affairs subcommittee Whereas the GRFP, the country’s oldest in section 101(b)(1)(F) of the Immigration hearing entitled, ‘‘Assessing Develop- graduate fellowship program, supports out- and Nationality Act (8 U.S.C. 1101(b)(1)(F)), ments in Mali: Restoring Democracy standing graduate students pursuing masters to the same extent as they apply to the of- and Reclaiming the North.’’ and doctoral degrees in research at accred- fering or provision of adoption services in The PRESIDING OFFICER. Without connection with a Convention adoption. The ited U.S. institutions; objection, it is so ordered. Whereas the GRFP has contributed to the Secretary of State, the Secretary of Home- development of outstanding U.S. scholars, land Security, the Attorney General (with f entrepreneurs, teachers, mentors, and inven- respect to section 404(b) of the Intercountry PRIVILEGES OF THE FLOOR tors who continue to support and promote Adoption Act of 2000 (42 U.S.C. 14944)), and the Nation’s science and engineering enter- the accrediting entities shall have the du- Ms. KLOBUCHAR. Mr. President, I prise and the next generation of scientists ties, responsibilities, and authorities under ask unanimous consent that the fol- and engineers; title II and title IV of the Intercountry lowing members of Senator BAUCUS’s Whereas this flagship program helps main- Adoption Act of 2000 and related imple- staff be granted floor privileges during tain high-quality and highly skilled grad- menting regulations with respect to a person the consideration of H.R. 6156: Lisa uates who enter the Nation’s STEM work- offering or providing such adoption services, Pearlman, Rebecca Nolan, Heather force prepared to innovate and collaborate in irrespective of whether such services are of- the global scientific arena; fered or provided in connection with a Con- Sykes, Owen Haacke, and Dan West. Whereas NSF has funded more than 46,500 vention adoption. The ACTING PRESIDENT pro tem- competitive graduate research fellows with (b) EFFECTIVE DATE.—The provisions of pore. Without objection, it is so or- selection criteria based on the intellectual this section shall take effect 18 months after dered. merit of their research and its potential the date of the enactment of this Act. Mr. REED. Mr. President, I ask unan- broader impacts for society; (c) TRANSITION RULE.—This Act shall not imous consent that a detailee to the Whereas of the more than 200 NSF-sup- apply to a person offering or providing adop- Committee on Banking, Housing, ported Nobel laureates, 40 were selected as tion services as described in subsection (a) in Urban Affairs, Catherine Topping, be graduate research fellows, and more than 440 the case of a prospective adoption in which— graduate research fellows have become mem- (1) an application for advance processing of granted the privileges of the floor for bers of the National Academy of Sciences; an orphan petition or petition to classify an the remainder of this session. Whereas graduate research fellows have an orphan as an immediate relative for a child The ACTING PRESIDENT pro tem- exceptionally high rate of doctorate comple- is filed before the date that is 180 days after pore. Without objection, it is so or- tion; the date of the enactment of this Act; or dered. Whereas since 2001, graduate research fel- (2) the prospective adoptive parents of a Mr. WICKER. Mr. President, on be- lows have filed more than 1,000 patents while child have initiated the adoption process half of the Senator from Maryland, Mr. working toward their graduate degrees, thus with the filing of an appropriate application CARDIN, I ask unanimous consent that contributing directly to scientific advance- in a foreign country sufficient such that the ment and discovery; Secretary of State is satisfied before the floor privileges be granted to Kyle Whereas since 2007, 1145 graduate research date that is 180 days after the date of the en- Parker, a staff member on the Commis- fellows were selected from Experimental actment of this Act. sion on Security and Cooperation in Program to Stimulate Competitive Research SEC. 3. AVAILABILITY OF COLLECTED FEES FOR Europe—also known as the Helsinki jurisdictions; and ACCREDITING ENTITIES. Commission, which Senator CARDIN co- Whereas NSF’s GRFP continues to be an (a) Section 403 of the Intercountry Adop- chairs—during Senate consideration of essential component of the Nation’s dis- tion Act of 2000 (42 U.S.C. 14943) is amended H.R. 6156. covery and innovation ecosystem, and is in- by striking subsection (c). strumental in STEM workforce development: The PRESIDING OFFICER. Without (b) REPORT REQUIREMENT.—Section 202(b) objection, it is so ordered. Now, therefore, be it of the Intercountry Adoption act of 2000 (42 Resolved, That the Senate— U.S.C. 14922(b)) is amended by adding at the Mr. HATCH. Mr. President, I ask (1) commemorates the 60th anniversary of end the following: unanimous consent that Steven Gar- the Graduate Research Fellowship Program ‘‘(5) REPORT ON USE OF FEDERAL FUNDING.— rett, Christopher Hanna, Shawn Novak, of the National Science Foundation; and Not later than 90 days after an accrediting Lauren Felice, and Richard Chovanec (2) continues to recognize U.S. STEM grad- entity receives Federal funding authorized of the Finance Committee be granted uate education as central to U.S. workforce by section 403, the entity shall submit a re- the privilege of the floor for the dura- competitiveness and our country’s inter- port to the Committee on Foreign Relations national leadership and economic prosperity. tion of Senate consideration of H.R. of the Senate and the Committee on Foreign 6156 and for the remainder of this ses- f Affairs of the House of Representatives that sion of Congress. AMENDMENTS SUBMITTED AND describes— ‘‘(A) the amount of such funding the entity The PRESIDING OFFICER. Without PROPOSED received; and objection, it is so ordered. SA 3310. Mr. CARDIN (for Mr. KERRY (for ‘‘(B) how such funding was, or will be, used Mr. CARDIN. Mr. President, I ask himself, Mr. LUGAR, Ms. LANDRIEU, Mr. by the entity.’’. unanimous consent that an intern from

VerDate Mar 15 2010 04:55 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.040 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7461 Senator MERKLEY’s office, Phillip Hah, Sec. 131. Sense of Senate on Department of Subtitle D—Reports be granted privileges of the floor for Navy fiscal year 2014 budget re- Sec. 251. Mission Packages for the Littoral the remainder of the day. quest for tactical aviation air- Combat Ship. The PRESIDING OFFICER. Without craft. Sec. 252. Comptroller General of the United Sec. 132. SPIDERNet/Spectral Warrior Hard- objection, it is so ordered. States annual reports on the ware. acquisition program for the f Subtitle D—Air Force Programs Amphibious Combat Vehicle. NATIONAL DEFENSE AUTHORIZA- Sec. 141. Reduction in number of aircraft re- Sec. 253. Conditional requirement for report TION ACT FOR FISCAL YEAR 2013 quired to be maintained in stra- on amphibious assault vehicles tegic airlift aircraft inventory. for the Marine Corps. On Tuesday, November 4, 2012, the Sec. 142. Treatment of certain programs for Subtitle E—Other Matters Senate passed S. 3254, as follows: the F–22A Raptor aircraft as Sec. 271. Transfer of administration of S. 3254 major defense acquisition pro- Ocean Research and Resources Be it enacted by the Senate and House of Rep- grams. Advisory Panel from Depart- resentatives of the United States of America in Sec. 143. Avionics systems for C–130 aircraft. ment of the Navy to National Sec. 144. Procurement of space-based infra- Congress assembled, Oceanic and Atmospheric Ad- red system satellites. ministration. SECTION 1. SHORT TITLE. Sec. 145. Transfer of certain fiscal year 2011 Sec. 272. Sense of Senate on increasing the This Act may be cited as the ‘‘National De- and 2012 funds for Aircraft Pro- cost-effectiveness of training fense Authorization Act for Fiscal Year curement for the Air Force. 2013’’. exercises for members of the Subtitle E—Joint and Multiservice Matters Armed Forces. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. Sec. 151. Multiyear procurement authority TITLE III—OPERATION AND for V–22 joint aircraft program. (a) DIVISIONS.—This Act is organized into MAINTENANCE Sec. 152. Limitation on availability of funds seven divisions as follows: for full-rate production of Subtitle A—Authorization of Appropriations (1) Division A–Department of Defense Au- Handheld, Manpack, and Small Sec. 301. Operation and maintenance fund- thorizations. Form/Fit radios under the Joint ing. (2) Division B–Military Construction Au- Tactical Radio System pro- Subtitle B—Energy and Environmental thorizations. gram. Provisions (3) Division C–Department of Energy Na- Sec. 153. Shallow Water Combat Submers- tional Security Authorizations and Other Sec. 311. Department of Defense guidance on ible program. Authorizations. environmental exposures at Sec. 154. AC–130 aircraft electro-optical and military installations. (4) Division D–Funding Tables. infrared sensors. (5) Division E–Housing Assistance for Vet- Sec. 312. Funding of agreements under the erans. TITLE II—RESEARCH, DEVELOPMENT, Sikes Act. (6) Division F–Stolen Valor Act. TEST, AND EVALUATION Sec. 313. Report on property disposals and (7) Division G–Miscellaneous. Subtitle A—Authorization of Appropriations additional authorities to assist (b) TABLE OF CONTENTS.—The table of con- Sec. 201. Authorization of appropriations. local communities around closed military installations. tents for this Act is as follows: Subtitle B—Program Requirements, Sec. 1. Short title. Restrictions, and Limitations Subtitle C—Logistics and Sustainment Sec. 2. Organization of Act into divisions; Sec. 211. Next Generation Foundry for the Sec. 321. Repeal of certain provisions relat- table of contents. Defense Microelectronics Activ- ing to depot-level maintenance. Sec. 3. Congressional defense committees. ity. Sec. 322. Expansion and reauthorization of Sec. 4. Scoring of budgetary effects. Sec. 212. Advanced rotorcraft initiative. multi-trades demonstration DIVISION A—DEPARTMENT OF DEFENSE Sec. 213. Transfer of certain fiscal year 2012 project. AUTHORIZATIONS Navy research, development, Sec. 323. Rating chains for system program test, and evaluation funds. managers. TITLE I—PROCUREMENT Sec. 214. Authority for Department of De- Subtitle D—Reports Subtitle A—Authorization of Appropriations fense laboratories to enter into Sec. 331. Annual report on Department of Sec. 101. Authorization of appropriations. education partnerships with Defense long-term corrosion Subtitle B—Army Programs educational institutions in strategy. United States territories and Sec. 111. Multiyear procurement authority Sec. 332. Modified deadline for Comptroller possessions. for Army CH–47F helicopters. General review of annual report Sec. 215. Transfer of certain fiscal year 2012 on prepositioned materiel and Subtitle C—Navy Programs Air Force research, develop- equipment. Sec. 121. Refueling and complex overhaul of ment, test, and evaluation the U.S.S. Abraham Lincoln. funds. Subtitle E—Other Matters Sec. 122. Ford class aircraft carriers. Sec. 216. Relocation of C–band radar from Sec. 341. Savings to be achieved in civilian Sec. 123. Limitation on availability of Antigua to H.E. Holt Station in workforce and contractor em- amounts for second Ford class Western Australia to enhance ployee workforce of the Depart- aircraft carrier. space situational awareness ca- ment of Defense. Sec. 124. Multiyear procurement authority pabilities. Sec. 342. NATO Special Operations Head- for Virginia class submarine Sec. 217. Detailed Digital Radio Frequency quarters. program. Modulation Countermeasures Sec. 343. Repeal of redundant authority to Sec. 125. Multiyear procurement authority Studies and Simulations. ensure interoperability of law for Arleigh Burke class destroy- Subtitle C—Missile Defense Matters enforcement and emergency re- ers and associated systems. Sec. 231. Homeland ballistic missile defense. sponder training. Sec. 126. Authority for relocation of certain Sec. 232. Regional ballistic missile defense. Sec. 344. Sense of the Congress on Navy AEGIS weapon system assets Sec. 233. Missile defense cooperation with Fleet requirements. between and within the DDG–51 Russia. TITLE IV—MILITARY PERSONNEL class destroyer and AEGIS Sec. 234. Next generation Exo-atmospheric AUTHORIZATIONS Ashore programs in order to Kill Vehicle. Subtitle A—Active Forces meet mission requirements. Sec. 235. Modernization of the Patriot air Sec. 127. Designation of mission modules of Sec. 401. End strengths for active forces. and missile defense system. Sec. 402. Additional Marine Corps personnel the Littoral Combat Ship as a Sec. 236. Medium Extended Air Defense Sys- for the Marine Corps Security major defense acquisition pro- tem. Guard Program. gram. Sec. 237. Availability of funds for Iron Dome Sec. 128. Transfer of certain fiscal year 2012 short-range rocket defense pro- Subtitle B—Reserve Forces Procurement of Ammunition, gram. Sec. 411. End strengths for Selected Reserve. Navy and Marine Corps funds. Sec. 238. Readiness and flexibility of inter- Sec. 412. End strengths for Reserves on ac- Sec. 129. Transfer of certain fiscal year 2012 continental ballistic missile tive duty in support of the Re- Procurement, Marine Corps force. serves. funds for procurement of weap- Sec. 239. Sense of Congress on the submittal Sec. 413. End strengths for military techni- ons and combat vehicles. to Congress of the homeland de- cians (dual status). Sec. 130. Sense of Congress on Marine Corps fense hedging policy and strat- Sec. 414. Fiscal year 2013 limitation on num- amphibious lift and presence re- egy report of the Secretary of ber of non-dual status techni- quirements. Defense. cians.

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0655 E:\CR\FM\G05DE6.057 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7462 CONGRESSIONAL RECORD — SENATE December 5, 2012 Sec. 415. Maximum number of reserve per- Sec. 542. Additional elements in comprehen- Sec. 575. Modification of authority to allow sonnel authorized to be on ac- sive Department of Defense pol- Department of Defense domes- tive duty for operational sup- icy on sexual assault preven- tic dependent elementary and port. tion and response. secondary schools to enroll cer- Subtitle C—Authorization of Appropriations Sec. 543. Hazing in the Armed Forces. tain students. Sec. 576. Sense of Congress regarding sup- Sec. 421. Military personnel. Sec. 544. Retention of certain forms in connection with Restricted Re- port for Yellow Ribbon Day. TITLE V—MILITARY PERSONNEL POLICY ports on sexual assault involv- Sec. 577. Report on future of family support Subtitle A—Officer Policy ing members of the Armed programs of the Department of Sec. 501. Extension of relaxation of limita- Forces. Defense. tion on selective early dis- Sec. 545. Prevention and response to sexual Subtitle H—Other Matters charges. harassment in the Armed Sec. 581. Family briefings concerning ac- Sec. 502. Exception to 30-year retirement for Forces. countings for members of the regular Navy warrant officers Sec. 546. Enhancement of annual reports re- Armed Forces and Department in the grade of chief warrant of- garding sexual assaults involv- of Defense civilian employees ficer, W–5. ing members of the Armed listed as missing. Sec. 503. Modification of definition of joint Forces. Sec. 582. Enhancement of authority to ac- duty assignment to include all cept gifts and services. instructor assignments for Subtitle F—Education and Training Sec. 583. Clarification of authorized Fisher joint training and education. Sec. 551. Inclusion of the School of Advanced House residents at the Fisher Sec. 504. Sense of Senate on inclusion of as- Military Studies Senior Level House for the Families of the signments as academic instruc- Course as a senior level service Fallen and Meditation Pavilion tor at the military service school. at Dover Air Force Base, Dela- academies as joint duty assign- Sec. 552. Modification of eligibility for asso- ware. ments. ciate degree programs under Sec. 584. Report on accuracy of data in the Subtitle B—Reserve Component the Community College of the Defense Enrollment Eligibility Management Air Force. Reporting System. Sec. 585. Posthumous honorary promotion of Sec. 511. Authority for appointment of per- Sec. 553. Support of Naval Academy athletic Sergeant Paschal Conley to sec- sons who are lawful permanent programs. ond lieutenant in the Army. residents as officers of the Na- Sec. 554. Grade of commissioned officers in tional Guard. uniformed medical accession TITLE VI—COMPENSATION AND OTHER Sec. 512. Reserve component suicide preven- programs. PERSONNEL BENEFITS tion and resilience program. Sec. 555. Authority for service commitment Subtitle A—Pay and Allowances Sec. 513. Report on mechanisms to ease the for Reservists who accept fel- Sec. 601. Rates of basic allowance for hous- reintegration into civilian life lowships, scholarships, or ing for Army National Guard of members of the National grants to be performed in the and Air National Guard mem- Guard and the Reserves fol- Selected Reserve. bers on full-time National lowing a deployment on active Sec. 556. Repeal of requirement for eligi- Guard duty. duty. bility for in-State tuition of at Sec. 602. Payment of benefit for nonpartici- Subtitle C—General Service Authorities least 50 percent of participants pation of eligible members in in Senior Reserve Officers’ Post-Deployment/Mobilization Sec. 521. Diversity in the Armed Forces and Training Corps program. Respite Absence program due related reporting requirements. Sec. 557. Modification of requirements on to Government error. Sec. 522. Modification of authority to con- plan to increase the number of Sec. 603. Extension of authority to provide duct programs on career flexi- units of the Junior Reserve Of- temporary increase in rates of bility to enhance retention of ficers’ Training Corps. basic allowance for housing members of the Armed Forces. under certain circumstances. Sec. 523. Authority for additional behavioral Sec. 558. Consolidation of military depart- health professionals to conduct ment authority to issue arms, Subtitle B—Bonuses and Special and pre-separation medical exami- tentage, and equipment to edu- Incentive Pays nations for post-traumatic cational institutions not main- Sec. 611. One-year extension of certain stress disorder. taining units of the Junior bonus and special pay authori- Sec. 524. Quarterly reports on involuntary ROTC. ties for reserve forces. separation of members of the Sec. 559. Modification of requirement for re- Sec. 612. One-year extension of certain Armed Forces. ports in Federal Register on in- bonus and special pay authori- Sec. 525. Review of eligibility of victims of stitutions of higher education ties for health care profes- domestic terrorism for award of ineligible for contracts and sionals. the Purple Heart and the De- grants for denial of ROTC or Sec. 613. One-year extension of special pay fense Medal of Freedom. military recruiter access to and bonus authorities for nu- Sec. 526. Extension of temporary increase in campus. clear officers. accumulated leave carryover Sec. 560. Comptroller General of the United Sec. 614. One-year extension of authorities for members of the Armed States report on the Reserve relating to title 37 consolidated Forces. Officers’ Training Corps. special pay, incentive pay, and Sec. 527. Prohibition on waiver for commis- Sec. 561. Report on Department of Defense bonus authorities. sioning or enlistment in the efforts to standardize edu- Sec. 615. One-year extension of authorities Armed Forces for any indi- cational transcripts issued to relating to payment of other vidual convicted of a felony separating members of the title 37 bonuses and special sexual offense. Armed Forces. pays. Sec. 528. Research study on resilience in Sec. 562. Comptroller General of the United Sec. 616. Increase in amount of officer affili- members of the Army. States reports on joint profes- ation bonus for officers in the sional military education mat- Selected Reserve. Subtitle D—Military Justice and Legal Sec. 617. Increase in maximum amount of ters. Matters Generally incentive bonus for reserve Sec. 563. Troops-to-Teachers program en- Sec. 531. Clarification and enhancement of component members who con- hancements. the role of the Staff Judge Ad- vert military occupational spe- vocate to the Commandant of Subtitle G—Defense Dependents’ Education cialty to ease personnel short- the Marine Corps. and Military Family Readiness Matters ages. Sec. 532. Additional information in reports Sec. 571. Impact aid for children with severe Subtitle C—Travel and Transportation on annual surveys of the com- disabilities. Allowances mittee on the Uniform Code of Sec. 572. Continuation of authority to assist Sec. 631. Permanent change of station allow- Military Justice. local educational agencies that ances for members of Selected Subtitle E—Sexual Assault, Hazing, and benefit dependents of members Reserve units filling a vacancy Related Matters of the Armed Forces and De- in another unit after being in- Sec. 541. Authority to retain or recall to ac- partment of Defense civilian voluntarily separated. tive duty reserve component employees. Sec. 632. Authority for comprehensive pro- members who are victims of Sec. 573. Amendments to the Impact Aid gram for space-available travel sexual assault while on active program. on Department of Defense air- duty. Sec. 574. Military spouses. craft.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7463 Subtitle D—Disability, Retired Pay, and Sec. 713. Modification of requirements on Sec. 761. Authority for Secretary of Vet- Survivor Benefits mental health assessments for erans Affairs to furnish mental Sec. 641. Repeal of requirement for payment members of the Armed forces health care through facilities of Survivor Benefit Plan pre- deployed in connection with a other than Vet Centers to im- miums when participant waives contingency operation. mediate family members of retired pay to provide a sur- Subtitle C—Health Care Administration members of the Armed Forces vivor annuity under Federal deployed in connection with a Employees Retirement System Sec. 721. Clarification of applicability of cer- contingency operation. and termination of payment of tain authority and require- Sec. 762. Organization of the Readjustment Survivor Benefit Plan annuity. ments to subcontractors em- Counseling Service in Depart- ployed to provide health care Sec. 642. Repeal of automatic enrollment in ment of Veterans Affairs. services to the Department of Family Servicemembers’ Group Sec. 763. Recruiting mental health providers Defense. Life Insurance for members of for furnishing of mental health the Armed Forces married to Sec. 722. Research program to enhance De- services on behalf of the De- other members. partment of Defense efforts on partment of Veterans Affairs Sec. 643. Clarification of computation of mental health in the National without compensation from the combat-related special com- Guard and Reserves through Department. pensation for chapter 61 dis- community partnerships. Sec. 764. Peer support. ability retirees. Subtitle D—Reports and Other Matters TITLE VIII—ACQUISITION POLICY, AC- Subtitle E—Military Lending Matters QUISITION MANAGEMENT, AND RE- Sec. 731. Reports on performance data on LATED MATTERS Sec. 651. Enhancement of protections on Warriors in Transition pro- consumer credit for members of grams. Subtitle A—Provisions Relating to Major Defense Acquisition Programs the Armed Forces and their de- Sec. 732. Report on Department of Defense pendents. support of members of the Sec. 801. Limitation on use of cost-type con- Sec. 652. Additional enhancements of protec- Armed Forces who experience tracts. tions on consumer credit for traumatic injury as a result of Sec. 802. Acquisition strategies for major members of the Armed Forces vaccinations required by the subsystems and subassemblies and their dependents. Department. on major defense acquisition Sec. 653. Relief in civil actions for violations Sec. 733. Plan to eliminate gaps and programs. of protections on consumer redundancies in programs of Sec. 803. Management structure for develop- credit extended to members of the Department of Defense on mental test and evaluation. the Armed Forces and their de- psychological health and trau- Sec. 804. Assessments of potential termi- pendents. matic brain injury among mem- nation liability of contracts for Sec. 654. Modification of definition of de- bers of the Armed Forces. the development or production of major defense acquisition pendent for purposes of limita- Sec. 734. Report on implementation of rec- programs. tions on terms of consumer ommendations of the Comp- Sec. 805. Technical change regarding pro- credit extended to members of troller General of the United grams experiencing critical the Armed Forces and their de- States on prevention of hearing cost growth due to change in pendents. loss among members of the quantity purchased. Sec. 655. Enforcement of protections on con- Armed Forces. sumer credit for members of Sec. 806. Repeal of requirement to review the Armed Forces and their de- Sec. 735. Sense of Senate on mental health ongoing programs initiated be- pendents. counselors for members of the fore enactment of Milestone B Armed Forces, veterans, and Subtitle F—Other Matters certification and approval proc- their families. ess. Sec. 661. Transitional compensation for de- Sec. 736. Prescription drug take-back pro- Subtitle B—Acquisition Policy and pendent children who are car- gram for members of the Armed Management ried during pregnancy at time Forces and their dependents. of dependent-abuse offense. Sec. 821. One-year extension of temporary Subtitle E—Mental Health Care Matters Sec. 662. Report on issuance by Armed limitation on aggregate annual Forces Medical Examiner of Sec. 751. Enhancement of oversight and amount available for contract death certificates for members management of Department of services. of the Armed Forces who die on Defense suicide prevention and Sec. 822. Prohibition of excessive pass- active duty abroad. resilience programs. through contracts and charges TITLE VII—HEALTH CARE PROVISIONS Sec. 752. Comprehensive program on preven- in the acquisition of services. Sec. 823. Availability of amounts in Defense Subtitle A—TRICARE Program tion of suicide among members of the Armed Forces. Acquisition Workforce Develop- Sec. 701. Extension of TRICARE Standard Sec. 753. Quality review of Medical Evalua- ment Fund for temporary mem- coverage and TRICARE dental tion Boards, Physical Evalua- bers of workforce. program for members of the Se- tion Boards, and Physical Eval- Sec. 824. Department of Defense policy on lected Reserve who are involun- uation Board Liaison Officers. contractor profits. tarily separated. Sec. 825. Modification of authorities on in- Sec. 754. Assessment of adequacy of mental Sec. 702. Inclusion of certain over-the- ternal controls for procure- health care benefits under the counter drugs in TRICARE uni- ments on behalf of the Depart- TRICARE program. form formulary. ment of Defense by certain non- Sec. 703. Expansion of evaluation of the ef- Sec. 755. Sharing between Department of De- defense agencies. fectiveness of the TRICARE fense and Department of Vet- Sec. 826. Extension of pilot program on man- program. erans Affairs of records and in- agement of supply-chain risk. Sec. 704. Report on the future availability of formation retained under the Sec. 827. Sense of Senate on the continuing TRICARE Prime throughout medical tracking system for progress of the Department of the United States. members of the Armed Forces Defense in implementing its Sec. 705. Certain treatment of develop- deployed overseas. Item Unique Identification Ini- mental disabilities, including Sec. 756. Participation of members of the tiative. autism, under the TRICARE Armed Forces in peer support Subtitle C—Amendments Relating to Gen- program. counseling programs of the De- eral Contracting Authorities, Procedures, Sec. 706. Sense of Congress on health care partment of Veterans Affairs. and Limitations for retired members of the uni- Sec. 757. Research and medical practice on Sec. 841. Applicability of Truth in Negotia- formed services. mental health conditions. tions Act to major systems and Subtitle B—Other Health Care Benefits Sec. 758. Disposal of controlled substances. related subsystems, compo- Sec. 711. Use of Department of Defense funds Sec. 759. Transparency of mental health care nents, and support services. for abortions in cases of rape services. Sec. 842. Maximum amount of allowable and incest. Sec. 760. Expansion of Vet Center program costs of compensation of con- Sec. 712. Availability of certain fertility to include furnishing coun- tractor employees. preservation treatments for seling to certain members of Sec. 843. Department of Defense access to members of the Armed Forces the Armed Forces and their and use of contractor internal on active duty. family members. audit reports.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7464 CONGRESSIONAL RECORD — SENATE December 5, 2012 Sec. 844. Enhancement of whistleblower pro- Sec. 876. Inclusion of data on contractor per- TITLE IX—DEPARTMENT OF DEFENSE tections for contractor employ- formance in past performance ORGANIZATION AND MANAGEMENT ees. databases for executive agency Subtitle A—Department of Defense Sec. 844A. Whistleblower protections for source selection decisions. Management non-defense contractors. Sec. 877. Public availability of database of Sec. 901. Definition and report on terms Sec. 845. Extension of contractor conflict of senior Department of Defense ‘‘preparation of the environ- interest limitations. officials seeking employment ment’’ and ‘‘operational prepa- Sec. 846. Repeal of sunset for certain pro- with defense contractors. ration of the environment’’ for tests of task and delivery order Subtitle E—Other Matters joint doctrine purposes. contracts. Sec. 902. Expansion of duties and respon- Sec. 847. Reports on use of indemnification Sec. 881. Requirements and limitations for sibilities of the Nuclear Weap- agreements. suspension and debarment offi- ons Council. Sec. 848. Contracting with small business cials of the Department of De- Sec. 903. Failure of the Department of De- concerns owned and controlled fense, the Department of State, fense to obtain audits with an by women. and the United States Agency unqualified opinion on its fi- Subtitle D—Provisions Relating to Wartime for International Development. nancial statements by fiscal Contracting Sec. 881A. Additional bases for suspension or year 2017. Sec. 860. Short title. debarment. Sec. 904. Information for Deputy Chief Man- Sec. 861. Responsibility within Department agement Officer of the Depart- Sec. 882. Uniform contract writing system of Defense for contract support ment of Defense from the mili- requirements. for overseas contingency oper- tary departments and Defense ations. Sec. 883. Comptroller General of the United Agencies for defense business Sec. 862. Annual reports on contract support States review of use by the De- system investment reviews. partment of Defense, the De- for overseas contingency oper- Subtitle B—Space Activities ations involving combat oper- partment of State, and the Sec. 911. Operationally Responsive Space ations. United States Agency for Inter- national Development of urgent Program Office. Sec. 863. Inclusion of contract support in Sec. 912. Commercial space launch coopera- certain requirements for De- and compelling exception to competition. tion. partment of Defense planning, Sec. 913. Reports on integration of acquisi- joint professional military edu- Sec. 884. Authority to provide fee-for-service tion and capability delivery cation, and management struc- inspection and testing by De- schedules for components for ture. fense Contract Management major satellite acquisition pro- Sec. 864. Risk assessment and mitigation for Agency for certain critical grams and funding for such pro- contractor performance of crit- equipment in the absence of a grams. ical functions in support of procurement contract. Sec. 914. Department of Defense representa- overseas contingency oper- Sec. 885. Disestablishment of Defense Mate- tion in dispute resolution re- ations. riel Readiness Board. garding surrender of Depart- Sec. 865. Extension and modification of re- Sec. 886. Modification of period of wait fol- ment of Defense bands of elec- ports on contracting in Iraq and lowing notice to Congress of in- tromagnetic frequencies. Afghanistan. Sec. 866. Extension of temporary authority tent to contract for leases of Subtitle C—Intelligence-Related and Cyber to acquire products and serv- certain vessels and vehicles. Matters ices in countries along a major Sec. 887. Extension of other transaction au- Sec. 921. Authority to provide geospatial in- route of supply to Afghanistan. thority. telligence support to security Sec. 867. Compliance with Berry amendment Sec. 888. Subcontractor notifications. alliances and international and regional organizations. required for uniform compo- Sec. 889. Report by the suspension and de- Sec. 922. Army Distributed Common Ground nents supplied to Afghanistan barment officials of the mili- military or Afghanistan Na- System. tary departments and the De- Sec. 923. Rationalization of cyber networks tional Police. fense Logistics Agency. Sec. 868. Sense of Senate on the contribu- and cyber personnel of the De- Sec. 889A. Study on army small arms and tions of Latvia and other North partment of Defense. ammunition acquisition. Atlantic Treaty Organization Sec. 924. Next-generation host-based cyber member nations to the success Sec. 889B. Annual report on defense con- security system for the Depart- of the Northern Distribution tracting fraud. ment of Defense. Sec. 925. Improvements of security, quality, Network. Sec. 889C. Plan to increase number of con- and competition in computer Sec. 869. Responsibilities of inspectors gen- tractors eligible for contracts software procured by the De- eral for overseas contingency under Air Force NETCENTS-2 partment of Defense. operations. contract. Sec. 926. Competition in connection with De- Sec. 870. Agency reports and inspector gen- Sec. 889D. Inclusion of information on com- partment of Defense data link eral audits of certain informa- mon grounds for sustaining bid systems. tion on overseas contingency protests in annual Government Sec. 927. Integration of critical signals intel- operations. Accountability Office reports to ligence capabilities. Sec. 871. Oversight of contracts and con- Congress. Sec. 928. Collection and analysis of network tracting activities for overseas Sec. 889E. Small business HUBZones. flow data. contingency operations in re- Sec. 929. Department of Defense use of Na- Subtitle F—Ending Trafficking in sponsibilities of Chief Acquisi- tional Security Agency cloud Government Contracting tion Officers of Federal agen- computing database and intel- cies. Sec. 891. Short title. ligence community cloud com- Sec. 872. Reports on responsibility within Sec. 892. Definitions. puting infrastructure and serv- Department of State and the Sec. 893. Contracting requirements. ices. United States Agency for Inter- Sec. 930. Electro-optical imagery. national Development for con- Sec. 894. Compliance plan and certification Sec. 931. Software licenses of the Depart- tract support for overseas con- requirement. ment of Defense. tingency operations. Sec. 895. Monitoring and investigation of Sec. 932. Defense Clandestine Service. Sec. 873. Professional education for Depart- trafficking in persons. Sec. 933. Authority for short-term extension ment of State personnel on ac- Sec. 896. Notification to inspectors general of lease for aircraft supporting quisition for Department of and cooperation with Govern- the Blue Devil intelligence, sur- State support and participation ment. veillance, and reconnaissance in overseas contingency oper- Sec. 897. Expansion of fraud in foreign labor program. ations. Sec. 934. Sense of Senate on potential secu- contracting to include at- Sec. 874. Database on price trends of items rity risks to Department of De- tempted fraud and work outside and services under Federal con- fense networks. the United States. tracts. Sec. 935. Sense of Congress on the United Sec. 875. Information on corporate con- Sec. 898. Improving Department of Defense States Cyber Command. tractor performance and integ- accountability for reporting Sec. 936. Reports to Department of Defense rity through the Federal trafficking in persons claims on penetrations of networks Awardee Performance and In- and violations. and information systems of cer- tegrity Information System. Sec. 899. Rules of construction. tain contractors.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7465 Subtitle D—Other Matters Sec. 1047. Sense of Senate on notice to Con- Sec. 1085. Plan to partner with State and Sec. 941. National Language Service Corps. gress on unfunded priorities. local entities to address vet- Sec. 942. Report on education and training Sec. 1048. Enhancement of authorities on ad- erans claims backlog. and promotion rates for pilots mission of defense industry ci- Sec. 1086. Sense of the Senate on protection of remotely piloted aircraft. vilians to certain Department of Department of Defense air- TITLE X—GENERAL PROVISIONS of Defense educational institu- fields, training airspace, and air tions and programs. training routes. Subtitle A—Financial Matters Sec. 1049. Military working dog matters. Sec. 1087. Extension of authorities to carry Sec. 1001. General transfer authority. Sec. 1050. Prohibition on funds to enter into out a program of referral and Sec. 1002. Authority to transfer funds to the contracts or agreements with counseling services to veterans National Nuclear Security Ad- Rosoboronexport. at risk of homelessness who are ministration to sustain nuclear Sec. 1051. Sense of Congress on the Joint transitioning from certain in- weapons modernization. Warfighting Analysis Center. stitutions. Sec. 1003. Audit readiness of Department of Sec. 1052. Transition Assistance Advisor pro- Sec. 1088. Sense of Congress that the bugle Defense statements of budg- gram. call commonly known as Taps etary resources. Subtitle F—Reports should be designated as the Na- Sec. 1004. Report on effects of budget seques- Sec. 1061. Report on strategic airlift air- tional Song of Military Remem- tration on the Department of craft. brance. Defense. Sec. 1062. Repeal of biennial report on the Sec. 1089. Reports on the potential security Sec. 1005. Report on balances carried for- Global Positioning System. threat posed by Boko Haram. ward by the Department of De- Sec. 1063. Repeal of annual report on threat Sec. 1090. National Veterans Business Devel- fense at the end of fiscal year posed by weapons of mass de- opment Corporation. 2012. struction, ballistic missiles, Sec. 1091. White Sands Missile Range and Sec. 1006. Transfer of certain fiscal year 2012 and cruise missiles. Fort Bliss. and 2013 funds. Sec. 1064. Report on program on return of Sec. 1092. Transport for female genital muti- Subtitle B—Counter-Drug Activities rare earth phosphors from De- lation. Sec. 1011. Extension of authority for joint partment of Defense fluorescent Sec. 1093. Renewal of expired prohibition on task forces to provide support lighting waste to the domestic return of veterans memorial ob- to law enforcement agencies rare earth supply chain. jects without specific author- conducting counter-terrorism Sec. 1065. Report on establishment of joint ization in law. activities. Armed Forces historical stor- Sec. 1094. Transfer of excess aircraft to Sec. 1012. Requirement for biennial certifi- age and preservation facility. other departments. cation on provision of support Sec. 1066. Study on Bradley Fighting Vehi- Sec. 1095. Reauthorization of sale of aircraft for counter-drug activities to cle industrial base. and parts for wildfire suppres- Sec. 1067. Report on military resources nec- certain foreign governments. sion purposes. essary to execute United States Sec. 1013. Authority to support the unified Sec. 1096. Protection of veterans’ memo- Force Posture Strategy in the counterdrug and counterter- rials. Asia Pacific Region. rorism campaign in Colombia. Sec. 1097. Transportation of individuals to Sec. 1068. Report on planned efficiency ini- Sec. 1014. Quarterly reports on use of funds and from facilities of Depart- tiatives at Space and Naval in the Drug Interdiction and ment of Veterans Affairs. Warfare Systems Command. Counter-Drug Activities, De- Sec. 1098. National public awareness and fense-wide account. Sec. 1069. Study on ability of national air and ground test and evaluation participation campaign for Vet- Subtitle C—Naval Vessels and Shipyards infrastructure facilities to sup- erans’ History Project of Amer- Sec. 1021. Retirement of naval vessels. port defense hypersonic test ican Folklife Center. Sec. 1022. Termination of a Maritime and evaluation activities. Sec. 1099. Technical amendments relating to Prepositioning Ship squadron. Sec. 1069A. Report on simulated tactical the termination of the Armed Sec. 1023. Sense of Congress on recapitaliza- flight training in a sustained Forces Institute of Pathology tion for the Navy and Coast gravity environment. under defense base closure and Guard. Sec. 1069B. Report on Department of Defense realignment. Sec. 1024. Notice to Congress for the review support for United States diplo- Sec. 1099A. Improved enumeration of mem- of proposals to name naval ves- matic security. bers of the Armed Forces in any sels. Sec. 1069C. Comptroller General of the tabulation of total population Subtitle D—Counterterrorism United States report on Depart- by Secretary of Commerce. Sec. 1031. Extension of certain prohibitions ment of Defense spending for Sec. 1099B. State consideration of military and requirements relating to conferences and conventions. training in granting certain detainees at United States Subtitle G—Nuclear Matters State certifications and licenses as a condition on the re- Naval Station, Guantanamo Sec. 1071. Strategic delivery systems. ceipt of funds for veterans em- Bay, Cuba. Sec. 1072. Requirements definition for com- ployment and training. Sec. 1032. Prohibition on use of funds for the bined warhead for certain mis- Sec. 1099C. Amendments to law enforcement transfer or release of individ- sile systems. uals from United States Naval Sec. 1073. Congressional Budget Office esti- officer safety provisions of title Station, Guantanamo Bay, mate of costs of nuclear weap- 18. Cuba. ons and delivery systems. Sec. 1099D. Modernization of absentee ballot Sec. 1033. Prohibition on the indefinite de- Sec. 1074. Briefings on dialogue between the mail delivery system. tention of citizens and lawful United States and the Russian Sec. 1099E. State Trade and Export Pro- permanent residents. Federation on nuclear arms, motion Grant Program. Subtitle E—Miscellaneous Authorities and missile defense, and long-range TITLE XI—CIVILIAN PERSONNEL Limitations conventional strike systems. MATTERS Sec. 1041. Enhancement of responsibilities of Subtitle H—Other Matters Sec. 1101. Authority for transportation of the Chairman of the Joint Sec. 1081. Redesignation of the Center for family household pets of civil- Chiefs of Staff regarding the Hemispheric Defense Studies as ian personnel during evacu- National Military Strategy. the William J. Perry Center for ation of non-essential per- Sec. 1042. Modification of authority on Hemispheric Defense Studies. sonnel. training of special operations Sec. 1082. Technical amendments to repeal Sec. 1102. Expansion of experimental per- forces with friendly foreign statutory references to United sonnel program for scientific forces. States Joint Forces Command. and technical personnel at the Sec. 1043. Extension of authority to provide Sec. 1083. Sense of Congress on non-United Defense Advanced Research assured business guarantees to States citizens who are grad- Projects Agency. carriers participating in Civil uates of United States edu- Sec. 1103. One-year extension of discre- Reserve Air Fleet. cational institutions with ad- tionary authority to grant al- Sec. 1044. Participation of veterans in the vanced degrees in science, tech- lowances, benefits, and gratu- Transition Assistance Program nology, engineering, and math- ities to personnel on official of the Department of Defense. ematics. duty in a combat zone. Sec. 1045. Modification of the Ministry of Sec. 1084. Sense of Senate on the mainte- Sec. 1104. Federal Employees Retirement Defense Advisor Program. nance by the United States of a System age and retirement Sec. 1046. Interagency collaboration on un- triad of strategic nuclear deliv- treatment for certain retirees manned aircraft systems. ery systems. of the Armed Forces.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7466 CONGRESSIONAL RECORD — SENATE December 5, 2012 TITLE XII—MATTERS RELATING TO Sec. 1234. Reports on Syria. Sec. 1272. Report on use of certain Iranian FOREIGN NATIONS Sec. 1235. Report on military activities to seaports by foreign vessels and Subtitle A—Assistance and Training deny or significantly degrade use of foreign airports by sanc- the use of air power against ci- tioned Iranian air carriers. Sec. 1201. Extension of authority to build vilian and opposition groups in Sec. 1273. Implementation; penalties. the capacity of foreign military Syria. Sec. 1274. Applicability to certain natural forces and modification of no- Subtitle D—Other Matters gas projects. tice in connection with initi- Sec. 1275. Rule of construction. ation of activities. Sec. 1241. Improved administration of the Sec. 1202. Extension of authority for non-re- American, British, Canadian, TITLE XIII—COOPERATIVE THREAT ciprocal exchange of defense and Australian Armies’ Pro- REDUCTION personnel between the United gram. Sec. 1301. Specification of Cooperative States and foreign countries. Sec. 1242. United States participation in Threat Reduction programs and Sec. 1203. Authority to build the capacity of Headquarters Eurocorps. funds. certain counterterrorism forces Sec. 1243. Department of Defense participa- Sec. 1302. Funding allocations. in Yemen and East Africa. tion in European program on TITLE XIV—OTHER AUTHORIZATIONS Sec. 1204. Limitation on availability of multilateral exchange of air Subtitle A—Military Programs funds for State Partnership transportation and air refueling Sec. 1401. Working capital funds. Program. services. Sec. 1244. Authority to establish program to Sec. 1402. National Defense Sealift Fund. Subtitle B—Matters Relating to Iraq, Sec. 1403. Defense Health Program. provide assistance to foreign ci- Afghanistan, and Pakistan Sec. 1404. Chemical Agents and Munitions vilians for harm incident to Destruction, Defense. Sec. 1211. Commanders’ Emergency Re- combat operations of the Sec. 1405. Drug Interdiction and Counter- sponse Program in Afghanistan. Armed Forces in foreign coun- Drug Activities, Defense-wide. Sec. 1212. Extension of authority to support tries. Sec. 1406. Defense Inspector General. operations and activities of the Sec. 1245. Sustainability requirements for Office of Security Cooperation certain capital projects in con- Subtitle B—National Defense Stockpile in Iraq. nection with overseas contin- Sec. 1411. Release of materials needed for Sec. 1213. One-year extension and modifica- gency operations. national defense purposes from tion of authority to use funds Sec. 1246. Efforts to remove Joseph Kony the Strategic and Critical Ma- for reintegration activities in from power and end atrocities terials Stockpile. Afghanistan. committed by the Lord’s Re- Subtitle C—Chemical Demilitarization Sec. 1214. One-year extension and modifica- sistance Army. Matters tion of authority for program Sec. 1247. Imposition of sanctions with re- Sec. 1421. Supplemental chemical agent and to develop and carry out infra- spect to support for the rebel structure projects in Afghani- munitions destruction tech- group known as M23. nologies at Pueblo Chemical stan. Sec. 1248. Program on repair, overhaul, and Depot, Colorado, and Blue Sec. 1215. Extension of Pakistan Counter- refurbishment of defense arti- Grass Army Depot, Kentucky. insurgency Fund. cles for sale or transfer to eligi- Sec. 1216. Extension and modification of au- ble foreign countries and enti- Subtitle D—Other Matters thority for reimbursement of ties. Sec. 1431. Authorization of appropriations certain coalition nations for Sec. 1249. Plan for promoting the security of for Armed Forces Retirement support provided to United Afghan women and girls during Home. States military operations. the security transition process. Sec. 1432. Additional Weapons of Mass De- Sec. 1217. Extension and modification of Sec. 1250. Sense of Congress on the Israeli struction Civil Support Teams. logistical support for coalition Iron Dome defensive weapon Sec. 1433. Policy of the United States with forces supporting certain system. respect to a domestic supply of United States military oper- Sec. 1251. Sense of the Senate on the situa- critical and essential minerals. ations. tion in the Senkaku Islands. TITLE XV—AUTHORIZATION OF APPRO- Sec. 1218. Strategy for supporting the Sec. 1252. Bilateral defense trade relation- PRIATIONS FOR OVERSEAS CONTIN- achievement of a secure presi- ship with India. GENCY OPERATIONS dential election in Afghanistan Subtitle E—Iran Sanctions in 2014. Subtitle A—Authorization of Appropriations Sec. 1219. Independent assessment of the Af- Sec. 1261. Short title. Sec. 1501. Purpose. ghan National Security Forces. Sec. 1262. Definitions. Sec. 1502. Procurement. Sec. 1220. Report on Afghanistan Peace and Sec. 1263. Declaration of policy on human Sec. 1503. Research, development, test, and Reintegration Program. rights. evaluation. Sec. 1221. Completion of accelerated transi- Sec. 1264. Imposition of sanctions with re- Sec. 1504. Operation and maintenance. tion of United States combat spect to the energy, shipping, Sec. 1505. Military personnel. and military and security oper- and shipbuilding sectors of Sec. 1506. Working capital funds. ations to the Government of Af- Iran. Sec. 1507. Defense Health Program. ghanistan. Sec. 1265. Imposition of sanctions with re- Sec. 1508. Drug Interdiction and Counter- Sec. 1222. Sense of Congress commending spect to the sale, supply, or Drug Activities, Defense-wide. the Enduring Strategic Part- transfer of certain materials to Sec. 1509. Defense Inspector General. nership Agreement between the or from Iran. Subtitle B—Financial Matters Sec. 1266. Imposition of sanctions with re- United States and Afghanistan. Sec. 1521. Treatment as additional author- spect to the provision of under- Sec. 1223. Congressional review of bilateral izations. writing services or insurance or security agreement with Af- Sec. 1522. Special transfer authority. reinsurance for activities or ghanistan. Subtitle C—Limitations and Other Matters Sec. 1224. Authority to transfer defense arti- persons with respect to which cles and provide defense serv- sanctions have been imposed. Sec. 1531. Afghanistan Security Forces ices to the military and secu- Sec. 1267. Imposition of sanctions with re- Fund. rity forces of Afghanistan and spect to foreign financial insti- Sec. 1532. Joint Improvised Explosive Device certain other countries. tutions that facilitate financial Defeat Fund. transactions on behalf of spe- Sec. 1533. Plan for transition in funding of Subtitle C—Reports cially designated nationals. United States Special Oper- Sec. 1231. Review and reports on Department Sec. 1268. Inclusion of the Islamic Republic ations Command from supple- of Defense efforts to build the of Iran Broadcasting on the list mental funding for overseas capacity of and partner with of human rights abusers. contingency operations to re- foreign security forces. Sec. 1269. Imposition of sanctions with recurring funding under the fu- Sec. 1232. Additional elements in annual respect to persons engaged in the ture-years defense program. port on military and security diversion of goods intended for Sec. 1534. Extension of authority on Task developments involving the the people of Iran. Force for Business and Sta- People’s Republic of China. Sec. 1270. Waiver requirement related to ex- bility Operations in Afghani- Sec. 1233. Report on implementation by Gov- ceptional circumstances pre- stan. ernment of Bahrain of rec- venting significant reductions Sec. 1535. Assessments of training activities ommendations in Report of the in crude oil purchases. and intelligence activities of Bahrain Independent Commis- Sec. 1271. Statute of limitations for civil ac- the Joint Improvised Explosive sion of Inquiry. tions regarding terrorist acts. Device Defeat Organization.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7467 Sec. 1536. Submittal to Congress of risk as- Sec. 1814. Authorization of appropriations. TITLE XXV—NORTH ATLANTIC TREATY sessments on changes in United Sec. 1815. Removal of limitation. ORGANIZATION SECURITY INVEST- States troop levels in Afghani- TITLE XIX—MEMORIAL TO SLAVES AND MENT PROGRAM stan. FREE BLACK PERSONS WHO SERVED IN Sec. 2501. Authorized NATO construction Sec. 1537. Report on insider attacks in Af- THE AMERICAN REVOLUTION and land acquisition projects. ghanistan and their effect on Sec. 1901. Finding. Sec. 2502. Authorization of appropriations, the United States transition Sec. 1902. Definitions. NATO. strategy for Afghanistan. Sec. 1903. Memorial authorization. TITLE XXVI—GUARD AND RESERVE TITLE XVI—MILITARY COMPENSATION Sec. 1904. Repeal of joint resolutions. FORCES FACILITIES AND RETIREMENT MODERNIZATION DIVISION B—MILITARY CONSTRUCTION Subtitle A—Project Authorizations and COMMISSION AUTHORIZATIONS Authorization of Appropriations Sec. 1601. Short title. Sec. 2001. Short title. Sec. 2601. Authorized Army National Guard Sec. 1602. Purpose. Sec. 2002. Expiration of authorizations and Sec. 1603. Definitions. construction and land acquisi- amounts required to be speci- tion projects. Sec. 1604. Military Compensation and Re- fied by law. tirement Modernization Com- Sec. 2602. Authorized Army Reserve con- TITLE XXI—ARMY MILITARY mission. struction and land acquisition CONSTRUCTION Sec. 1605. Commission hearings and meet- projects. ings. Sec. 2101. Authorized Army construction Sec. 2603. Authorized Navy Reserve and Ma- Sec. 1606. Principles and procedure for Com- and land acquisition projects. rine Corps Reserve construction mission recommendations. Sec. 2102. Family housing. and land acquisition projects. Sec. 1607. Consideration of Commission rec- Sec. 2103. Authorization of appropriations, Sec. 2604. Authorized Air National Guard ommendations by the President Army. construction and land acquisi- and Congress. Sec. 2104. Modification of authority to carry tion projects. Sec. 1608. Pay for members of the Commis- out certain fiscal year 2010 Sec. 2605. Authorized Air Force Reserve con- sion. project. struction and land acquisition Sec. 1609. Executive Director. Sec. 2105. Extension of authorizations of cer- projects. Sec. 1610. Staff. tain fiscal year 2009 projects. Sec. 2606. Authorization of appropriations, Sec. 1611. Contracting authority. Sec. 2106. Extension of authorizations of cer- National Guard and Reserve. Sec. 1612. Judicial review precluded. tain fiscal year 2010 projects. Subtitle B—Other Matters Sec. 1613. Termination. Sec. 2107. Additional authority to carry out certain fiscal year 2013 project. Sec. 2611. Extension of authorization of cer- Sec. 1614. Funding. tain fiscal year 2009 project. TITLE XVII—NATIONAL COMMISSION ON TITLE XXII—NAVY MILITARY Sec. 2612. Extension of authorization of cer- THE STRUCTURE OF THE AIR FORCE CONSTRUCTION tain fiscal year 2010 projects. Sec. 1701. Short title. Sec. 2201. Authorized Navy construction and Sec. 2613. Modification of authority to carry Sec. 1702. Establishment of Commission. land acquisition projects. out certain fiscal year 2011 Sec. 1703. Duties of the Commission. Sec. 2202. Family housing. project. Sec. 2203. Improvements to military family Sec. 1704. Powers of the Commission. TITLE XXVII—BASE REALIGNMENT AND housing units. Sec. 1705. Commission personnel matters. CLOSURE ACTIVITIES Sec. 1706. Termination of the Commission. Sec. 2204. Authorization of appropriations, Sec. 1707. Funding. Navy. Sec. 2701. Authorization of appropriations Sec. 1708. Limitation on availability of Sec. 2205. Modification of authority to carry for base realignment and clo- funds for reductions to the Air out certain fiscal year 2012 sure activities funded through National Guard and the Air project. Department of Defense Base Force Reserve. Sec. 2206. Extension of authorizations of cer- Closure Account 1990. Sec. 1709. Funding for maintenance of force tain fiscal year 2009 projects. Sec. 2702. Authorization of appropriations structure of the Air Force pend- Sec. 2207. Extension of authorizations of cer- for base realignment and clo- ing Commission recommenda- tain fiscal year 2010 projects. sure activities funded through tions. Sec. 2208. Realignment of Marines in the Department of Defense Base Sec. 1710. Retention of core functions of the Asia-Pacific Region. Closure Account 2005. Electronic Systems Center at TITLE XXIII—AIR FORCE MILITARY Sec. 2703. Technical amendments to section Hanscom Air Force Base pend- CONSTRUCTION 2702 of fiscal year 2012 Act. Sec. 2704. Criteria for decisions involving ing future structure study. Sec. 2301. Authorized Air Force construction certain base closure and re- Sec. 1711. Air Force assessments of the ef- and land acquisition projects. fects of proposed movements of Sec. 2302. Family housing. alignment activities. airframes on joint readiness Sec. 2303. Improvements to military family Sec. 2705. Modification of notice require- training. housing units. ments in advance of permanent reduction of sizable numbers of TITLE XVIII—FEDERAL ASSISTANCE TO Sec. 2304. Authorization of appropriations, members of the Armed Forces FIRE DEPARTMENTS Air Force. Sec. 2305. Extension of authorizations of cer- at military installations. Subtitle A—Fire Grants Reauthorization tain fiscal year 2010 projects. Sec. 2706. Report on reorganization of Air Sec. 1801. Short title. Force Materiel Command orga- TITLE XXIV—DEFENSE AGENCIES Sec. 1802. Amendments to definitions. nizations. MILITARY CONSTRUCTION Sec. 1803. Assistance to firefighters grants. TITLE XXVIII—MILITARY Subtitle A—Defense Agency Authorizations Sec. 1804. Staffing for adequate fire and CONSTRUCTION GENERAL PROVISIONS emergency response. Sec. 2401. Authorized Defense Agencies con- Subtitle A—Military Construction Program Sec. 1805. Sense of Congress on value and struction and land acquisition and Military Family Housing Changes funding of Assistance to Fire- projects. fighters and Staffing for Ade- Sec. 2402. Authorized energy conservation Sec. 2801. Authorized cost and scope vari- quate Fire and Emergency Re- projects. ations. sponse programs. Sec. 2403. Authorization of appropriations, Sec. 2802. Comptroller General report on in- Sec. 1806. Report on amendments to Assist- Defense Agencies. kind payments. ance to Firefighters and Staff- Sec. 2404. Extension of authorization of cer- Sec. 2803. Extension of temporary, limited ing for Adequate Fire and tain fiscal year 2010 project. authority to use operation and Emergency Response programs. Sec. 2405. Modification of authority to carry maintenance funds for con- Sec. 1807. Studies and reports on the state of out certain fiscal year 2012 struction projects in certain fire services. project. areas outside the United States. Subtitle B—Reauthorization of United Sec. 2406. Additional authority to carry out Subtitle B—Real Property and Facilities States Fire Administration certain fiscal year 2013 project. Administration Sec. 1811. Short title. Subtitle B—Chemical Demilitarization Sec. 2811. Authority to accept as consider- Sec. 1812. Clarification of relationship be- Authorizations ation for leases of non-excess tween United States Fire Ad- Sec. 2411. Authorization of appropriations, property of military depart- ministration and Federal Emer- chemical demilitarization con- ments and Defense Agencies gency Management Agency. struction, defense-wide. real property interests and nat- Sec. 1813. Modification of authority of Ad- Sec. 2412. Modification of authority to carry ural resource management ministrator to educate public out certain fiscal year 1997 services related to agreements about fire and fire prevention. project. to limit encroachment.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7468 CONGRESSIONAL RECORD — SENATE December 5, 2012 Sec. 2812. Clarification of parties with whom Sec. 3120. Cost containment for Y–12 Ura- Sec. 4202. Research, development, test, and Department of Defense may nium Processing Facility, Y–12 evaluation for overseas contin- conduct exchanges of real prop- National Security Complex, gency operations. erty at military installations. Oak Ridge, Tennessee. TITLE XLIII—OPERATION AND Subtitle C—Energy Security Sec. 3121. Authority to restore certain for- MAINTENANCE merly Restricted Data to the Sec. 2821. Guidance on financing for renew- Sec. 4301. Operation and maintenance. able energy projects. Restricted Data category. Sec. 4302. Operation and maintenance for Sec. 3122. Renewable energy. Sec. 2822. Continuation of limitation on use overseas contingency oper- of funds for Leadership in En- Subtitle C—Reports ations. ergy and Environmental Design Sec. 3131. Report on actions required for TITLE XLIV—MILITARY PERSONNEL (LEED) Gold or Platinum cer- transition of regulation of non- tification. Sec. 4401. Military personnel. nuclear activities of the Na- Sec. 4402. Military personnel for overseas Subtitle D—Land Conveyances tional Nuclear Security Admin- contingency operations. Sec. 2831. Land conveyance, local training istration to other Federal agen- TITLE XLV—OTHER AUTHORIZATIONS area for Browning Army Re- cies. serve Center, Utah. Sec. 3132. Report on consolidation of facili- Sec. 4501. Other authorizations. Sec. 2832. Use of proceeds, land conveyance, ties of the National Nuclear Se- Sec. 4502. Other authorizations for overseas Tyndall Air Force Base, Flor- curity Administration. contingency operations. ida. Sec. 3133. Regional radiological security TITLE XLVI—MILITARY CONSTRUCTION Subtitle E—Other Matters zones. Sec. 4601. Military construction. Sec. 3134. Report on legacy uranium mines. Sec. 2841. Clarification of authority of Sec- Sec. 3135. Comptroller General of the United TITLE XLVII—DEPARTMENT OF ENERGY retary to assist with develop- States review of projects car- NATIONAL SECURITY PROGRAMS ment of public infrastructure in ried out by Office of Environ- Sec. 4701. Department of Energy national se- connection with the establish- mental Management of the De- curity authorizations. ment or expansion of a military partment of Energy pursuant to DIVISION E—HOUSING ASSISTANCE FOR installation. Sec. 2842. Petersburg National Battlefield the American Recovery and Re- VETERANS boundary modification. investment Act of 2009. TITLE L—HOUSING ASSISSTANCE FOR Sec. 2843. Congressional notification with Subtitle D—Other Matters VETERANS respect to oversight and main- Sec. 3141. Sense of Congress on oversight of Sec. 5001. Short title. tenance of base cemeteries fol- the nuclear security enterprise. Sec. 5002. Definitions. lowing closure of overseas mili- Subtitle E—American Medical Isotopes Sec. 5003. Establishment of a pilot program. tary installations. Production DIVISION F—STOLEN VALOR ACT Sec. 2844. Additional exemptions from certain requirements applicable to Sec. 3151. Short title. TITLE LI—STOLEN VALOR ACT funding for data servers and Sec. 3152. Definitions. Sec. 5011. Short title. centers. Sec. 3153. Improving the reliability of do- Sec. 5012. Findings. mestic medical isotope supply. DIVISION C—DEPARTMENT OF ENERGY Sec. 5013. Military medals or decorations. Sec. 3154. Exports. Sec. 5014. Severability. NATIONAL SECURITY AUTHORIZA- Sec. 3155. Report on disposition of exports. DIVISION G—MISCELLANEOUS TIONS AND OTHER AUTHORIZATIONS Sec. 3156. Domestic medical isotope produc- TITLE XXXI—DEPARTMENT OF ENERGY tion. TITLE LII—MISCELLANEOUS NATIONAL SECURITY PROGRAMS Sec. 3157. Annual Department reports. Sec. 5021. Public Safety Officers’ Benefits Subtitle A—National Security Programs Sec. 3158. National Academy of Sciences re- Program. Authorizations port. Sec. 5022. Scientific framework for recal- Sec. 3101. National Nuclear Security Admin- Sec. 3159. Repeal. citrant cancers. istration. Subtitle F—Other Matters Sec. 5023. United States Advisory Commis- sion on Public Diplomacy. Sec. 3102. Defense environmental cleanup. Sec. 3161. Congressional advisory panel on Sec. 3103. Other defense activities. Sec. 5024. Removal of action. the governance structure of the Subtitle B—Program Authorizations, National Nuclear Security Ad- TITLE LIII—GAO MANDATES REVISION Restrictions, and Limitations ministration and its relation- ACT Sec. 3111. Replacement project for Chem- ship to other Federal agencies. Subtitle A—GAO Mandates Revision Act istry and Metallurgy Research TITLE XXXII—DEFENSE NUCLEAR Sec. 5301. Short title. Building, Los Alamos National FACILITIES SAFETY BOARD Sec. 5302. Repeals and modifications. Laboratory, New Mexico. Subtitle B—Improper Payments Elimination Sec. 3112. Submittal to Congress of selected Sec. 3201. Authorization. and Recovery Improvement Act acquisition reports and inde- TITLE XXXV—MARITIME pendent cost estimates on nu- ADMINISTRATION Sec. 5311. Short title. Sec. 5312. Definitions. clear weapon systems under- Sec. 3501. Short title. Sec. 5313. Improving the determination of going life extension. Sec. 3502. Container-on-barge transpor- improper payments by Federal Sec. 3113. Two-year extension of schedule for tation. agencies. disposition of weapons-usable Sec. 3503. Short sea transportation. Sec. 5314. Improper payments information. plutonium at Savannah River Sec. 3504. Maritime environmental and tech- Sec. 5315. Do not pay initiative. Site, Aiken, South Carolina. nical assistance. Sec. 3114. Program on scientific engagement Sec. 5316. Improving recovery of improper Sec. 3505. Identification of actions to enable payments. for nonproliferation. qualified United States flag ca- Sec. 3115. Repeal of requirement for annual pacity to meet national defense Subtitle C—Sense of Congress Regarding update of Department of En- requirements. Spectrum. ergy defense nuclear facilities Sec. 3506. Maritime workforce study. Sec. 5317. Sense of Congress regarding spec- workforce restructuring plan. Sec. 3507. Maritime administration vessel trum. Sec. 3116. Quarterly reports to Congress on recycling contract award prac- financial balances for atomic tices. SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. energy defense activities. Sec. 3508. Requirement for barge design. Sec. 3117. Transparency in contractor per- For purposes of this Act, the term ‘‘con- Sec. 3509. Eligibility to receive surplus formance evaluations by the gressional defense committees’’ has the training equipment. National Nuclear Security Ad- meaning given that term in section 101(a)(16) ministration leading to award DIVISION D—FUNDING TABLES of title 10, United States Code. fees. Sec. 4001. Authorization of amounts in fund- SEC. 4. SCORING OF BUDGETARY EFFECTS. Sec. 3118. Expansion of authority to estab- ing tables. The budgetary effects of this Act, for the lish certain scientific, engineer- TITLE XLI—PROCUREMENT purpose of complying with the Statutory ing, and technical positions. Pay-As-You-Go-Act of 2010, shall be deter- Sec. 3119. Modification and extension of au- Sec. 4101. Procurement. mined by reference to the latest statement Sec. 4102. Procurement for overseas contin- thority on acceptance of con- titled ‘‘Budgetary Effects of PAYGO Legisla- gency operations. tributions for acceleration of tion’’ for this Act, submitted for printing in removal or security of fissile TITLE XLII—RESEARCH, DEVELOPMENT, the Congressional Record by the Chairman of materials, radiological mate- TEST, AND EVALUATION the Senate Budget Committee, provided that rials, and related equipment at Sec. 4201. Research, development, test, and such statement has been submitted prior to vulnerable sites worldwide. evaluation. the vote on passage.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7469 DIVISION A—DEPARTMENT OF DEFENSE fense Authorization Act for Fiscal Year 2007 covered by the contract. Additionally, in the AUTHORIZATIONS (Public Law 109–364; 120 Stat. 2104) is re- event of cancellation, the maximum liability TITLE I—PROCUREMENT pealed. of the Government shall include the amount Subtitle A—Authorization of Appropriations SEC. 123. LIMITATION ON AVAILABILITY OF of the unfunded cancellation ceiling in the AMOUNTS FOR SECOND FORD CLASS contract. SEC. 101. AUTHORIZATION OF APPROPRIATIONS. AIRCRAFT CARRIER. (e) AUTHORITY TO EXPAND MULTIYEAR PRO- Funds are hereby authorized to be appro- (a) LIMITATION.—Of the amount authorized CUREMENT.—The Secretary may employ in- priated for fiscal year 2013 for procurement to be appropriated for fiscal year 2013 by sec- cremental funding for the procurement of for the Army, the Navy and the Marine tion 101 and available for shipbuilding and Virginia class submarines and Government- Corps, the Air Force, and Defense-wide ac- conversion for the second Ford class aircraft furnished equipment associated with the Vir- tivities, as specified in the funding table in carrier as specified in the funding table in ginia class submarines to be procured during section 4101. section 4101, not more than 50 percent of fiscal years 2013 through 2018 if the Sec- Subtitle B—Army Programs such amount may be obligated or expended retary— SEC. 111. MULTIYEAR PROCUREMENT AUTHOR- until the Secretary of the Navy submits to (1) determines that such an approach will ITY FOR ARMY CH–47F HELI- the congressional defense committees a re- permit the Navy to procure an additional COPTERS. port setting forth a description of the pro- Virginia class submarine in fiscal year 2014; (a) AUTHORITY FOR MULTIYEAR PROCURE- gram management and cost control meas- and MENT.—Subject to section 2306b of title 10, ures that will be employed in constructing (2) intends to use the funding for that pur- United States Code, the Secretary of the the second Ford class aircraft carrier. pose. Army may enter into a multiyear contract (b) ELEMENTS.—The report described in SEC. 125. MULTIYEAR PROCUREMENT AUTHOR- or contracts, beginning with the fiscal year subsection (a) shall include a plan to do the ITY FOR ARLEIGH BURKE CLASS DE- 2013 program year, for the procurement of following with respect to the Ford class air- STROYERS AND ASSOCIATED SYS- airframes for CH–47F helicopters. craft carriers: TEMS. (b) CONDITION FOR OUT-YEAR CONTRACT (1) To maximize planned work in shops and (a) AUTHORITY FOR MULTIYEAR PROCURE- PAYMENTS.—A contract entered into under early stages of construction. MENT.—Subject to section 2306b of title 10, subsection (a) shall provide that any obliga- (2) To sequence construction of structural United States Code, the Secretary of the tion of the United States to make a payment units to maximize the effects of lessons Navy may enter into multiyear contracts, under the contract for a fiscal year after fis- learned. beginning with the fiscal year 2013 program cal year 2013 is subject to the availability of (3) To incorporate design changes to im- year, for the procurement of up to 10 Arleigh appropriations for that purpose for such prove producibility for the Ford class air- Burke class Flight IIA guided missile de- later fiscal year. craft carriers. stroyers, as well as the AEGIS Weapon Sys- Subtitle C—Navy Programs (4) To increase the size of erection units to tems, MK 41 Vertical Launching Systems, and Commercial Broadband Satellite Sys- SEC. 121. REFUELING AND COMPLEX OVERHAUL eliminate disruptive unit breaks and im- OF THE U.S.S. ABRAHAM LINCOLN. prove unit alignment and fairness. tems associated with those vessels. (b) AUTHORITY FOR ADVANCE PROCURE- (a) AMOUNT AUTHORIZED FROM SCN AC- (5) To increase outfitting levels for assem- MENT.—The Secretary may enter into one or COUNT.—Of the amount authorized to be ap- bled units before erection in the dry-dock. more contracts, beginning in fiscal year 2013, propriated for fiscal year 2013 by section 101 (6) To increase overall ship completion lev- for advance procurement associated with the and available for shipbuilding and conver- els at each key construction event. vessels and systems for which authorization sion as specified in the funding table in sec- (7) To improve facilities in a manner that to enter into a multiyear procurement con- tion 4101, $1,613,392,000 is authorized to be will lead to improved productivity. tract is provided under subsection (a). available for the commencement of the nu- (8) To ensure the shipbuilder initiates (c) CONDITION FOR OUT-YEAR CONTRACT clear refueling and complex overhaul of the plans that will improve productivity through PAYMENTS.—A contract entered into under U.S.S. Abraham Lincoln (CVN–72) during fis- capital improvements that would provide subsection (a) shall provide that any obliga- cal year 2013. The amount authorized to be targeted return on investment, including— tion of the United States to make a payment made available in the preceding sentence is (A) increasing the amount of temporary under the contract for a fiscal year after fis- the first increment in the two-year sequence and permanent covered work areas; cal year 2013 is subject to the availability of of incremental funding planned for the nu- (B) adding ramps and service towers for appropriations or funds for that purpose for clear refueling and complex overhaul of that improved access to work sites and the dry- such later fiscal year. vessel. dock; and SEC. 126. AUTHORITY FOR RELOCATION OF CER- ONTRACT UTHORITY (b) C A .—The Secretary (C) increasing lift capacity to enable con- TAIN AEGIS WEAPON SYSTEM AS- of the Navy may enter into a contract during struction of larger, more fully outfitted SETS BETWEEN AND WITHIN THE fiscal year 2013 for the nuclear refueling and super-lifts. DDG–51 CLASS DESTROYER AND complex overhaul of the U.S.S. Abraham SEC. 124. MULTIYEAR PROCUREMENT AUTHOR- AEGIS ASHORE PROGRAMS IN Lincoln. ITY FOR VIRGINIA CLASS SUB- ORDER TO MEET MISSION REQUIRE- (c) CONDITION FOR OUT-YEAR CONTRACT MARINE PROGRAM. MENTS. PAYMENTS.—A contract entered into under (a) AUTHORITY FOR MULTIYEAR PROCURE- (a) AUTHORITY.— subsection (b) shall provide that any obliga- MENT.—Subject to section 2306b of title 10, (1) TRANSFER TO AEGIS ASHORE SYSTEM.— tion of the United States to make a payment United States Code, the Secretary of the Notwithstanding any other provision of law, under the contract for a fiscal year after fis- Navy may enter into multiyear contracts, the Secretary of the Navy may transfer cal year 2013 is subject to the availability of beginning with the fiscal year 2014 program AEGIS Weapon System (AWS) equipment appropriations for that purpose for that later year, for procurement of Virginia class sub- with ballistic missile defense (BMD) capa- fiscal year. marines and Government-furnished equip- bility to the Missile Defense Agency for use SEC. 122. FORD CLASS AIRCRAFT CARRIERS. ment associated with the Virginia class sub- in the AEGIS Ashore System of the Agency (a) CONTRACT AUTHORITY FOR CONSTRUCTION marine program. for installation in the country designated as OF AIRCRAFT CARRIERS DESIGNATED CVN–78, (b) AUTHORITY FOR ADVANCE PROCURE- Host Nation #1 (HN–1) by transferring to the CVN–79, AND CVN–80.—In the fiscal year im- MENT.—The Secretary may enter into one or Agency such equipment procured with mediately following the last fiscal year of more contracts, beginning in fiscal year 2013, amounts authorized to be appropriated to the contract for advance procurement for a for advance procurement associated with the the SCN account for fiscal years 2010 and 2011 CVN–21 class aircraft carrier designated vessels and equipment for which authoriza- for the DDG–51 Class Destroyer Program. CVN–78, CVN–79 or CVN–80, the Secretary of tion to enter into a multiyear procurement (2) ADJUSTMENTS IN EQUIPMENT DELIV- the Navy may enter into a contract for the contract is provided under subsection (a). ERIES.— construction of such aircraft carrier to be (c) CONDITION FOR OUT-YEAR CONTRACT (A) USE OF FY12 FUNDS FOR AWS SYSTEMS ON funded in the fiscal year of such contract for PAYMENTS.—A contract entered into under DESTROYERS PROCURED WITH FY11 FUNDS.— construction and the succeeding four fiscal subsection (a) shall provide that any obliga- Amounts authorized to be appropriated to years, in the case of the vessel designated tion of the United States to make a payment the SCN account for fiscal year 2012, and any CVN–78, and the succeeding five fiscal years, under the contract for a fiscal year after fis- AEGIS Weapon System assets procured with in the case of the vessels designated CVN–79 cal year 2013 is subject to the availability of such amounts, may be used to deliver com- and CVN–80. appropriations or funds for that purpose for plete, mission-ready AEGIS Weapon Systems (b) CONDITION FOR OUT-YEAR CONTRACT such later fiscal year. with ballistic missile defense capability to PAYMENTS.—A contract entered into under (d) LIMITATION ON TERMINATION LIABIL- any DDG–51 class destroyer for which subsection (a) shall provide that any obliga- ITY.—contract for construction of vessels or amounts were authorized to be appropriated tion of the United States to make a payment equipment, entered into in accordance with for the SCN account for fiscal year 2011. under the contract for any subsequent fiscal subsection (a) shall include a clause that (B) USE OF AWS SYSTEMS PROCURED WITH year is subject to the availability of appro- limits the liability of the Government to the RDTE FUNDS ON DESTROYERS.—The Secretary priations for that purpose for such subse- contractor for any termination of the con- may install on any DDG–51class destroyer quent fiscal year. tract. The maximum liability of the Govern- AEGIS weapon systems with ballistic missile (c) REPEAL OF SUPERSEDED PROVISION.— ment under the clause shall be the amount defense capability transferred pursuant to Section 121 of the John Warner National De- appropriated for the vessels or equipment paragraph (3).

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(3) TRANSFER FROM AEGIS ASHORE SYSTEM.— for the account to which the amount is curement of the next generation of amphib- The Director of the Missile Defense Agency transferred by an amount equal to the ious assault ships, as a component of the bal- shall transfer AEGIS Weapon System equip- amount transferred. anced battle force; ment with ballistic missile defense capa- (d) CONSTRUCTION OF AUTHORITY.—The (4) the next generation amphibious assault bility procured for installation in the AEGIS transfer authority in this section is in addi- ships should maintain survivability protec- Ashore System to the Department of the tion to any other transfer authority provided tion; Navy for the DDG–51 Class Destroyer Pro- in this Act. (5) operation and maintenance require- gram to replace any equipment transferred SEC. 129. TRANSFER OF CERTAIN FISCAL YEAR ments analysis, as well as the potential to to Agency under paragraph (1). 2012 PROCUREMENT, MARINE CORPS leverage a common hull form design, should (4) TREATMENT OF TRANSFER IN FUNDING DE- FUNDS FOR PROCUREMENT OF be considered to reduce total ownership cost WEAPONS AND COMBAT VEHICLES. STROYER CONSTRUCTION.—Notwithstanding and acquisition cost; and the source of funds for any equipment trans- (a) IN GENERAL.—To the extent provided in (6) maintaining a robust amphibious ship ferred under paragraph (3), the Secretary appropriations Acts, the Secretary of the building industrial base is vital for the fu- shall fund all work necessary to complete Navy may transfer from fiscal year 2012 Pro- ture of the national security of the United construction and outfitting of any destroyer curement, Marine Corps funds for procure- States. in which such equipment is installed in the ment of weapons and combat vehicles, same manner as if such equipment had been $135,200,000 to other, higher priority pro- SEC. 131. SENSE OF SENATE ON DEPARTMENT OF NAVY FISCAL YEAR 2014 BUDGET RE- acquired using amounts in the SCN account. grams of the Navy and the Marine Corps. (b) COVERED FUNDS.—For purposes of this QUEST FOR TACTICAL AVIATION (5) SCN ACCOUNT DEFINED.—In this sub- AIRCRAFT. section, the term ‘‘SCN account’’ means the section, the term ‘‘fiscal year 2012 Procure- Shipbuilding and Conversion, Navy account. ment, Marine Corps funds for procurement of It is the sense of Senate that, if the budget (b) RELATIONSHIP TO OTHER LAW.—Nothing weapons and combat vehicles’’ means request of the Department of the Navy for in this section shall be construed to repeal or amounts authorized to be appropriated for fiscal year 2014 for F–18 aircraft includes a otherwise modify in any way the limitation fiscal year 2012 by section 101 of the National request for funds for more than 13 new F–18 on obligation or expenditure of funds for Defense Authorization Act for Fiscal Year aircraft, the budget request of the Depart- missile defense interceptors in Europe as 2012 (Public Law 112–81; 125 Stat. 1317) and ment of the Navy for fiscal year 2014 for F– specified in section 223 of the Ike Skelton available for Procurement, Marine Corps for 35 aircraft should include a request for funds National Defense Authorization Act for Fis- the procurement of weapons and combat ve- for not fewer than 6 F–35B aircraft and 4 F– cal Year 2011 Public Law 111–383; 124 Stat. hicles as specified in the funding table in 35C aircraft, presuming that development, 4168). section 4101 of that Act. testing, and production of the F–35 aircraft (c) EFFECT ON AUTHORIZATION AMOUNTS.—A are proceeding according to current plans. SEC. 127. DESIGNATION OF MISSION MODULES transfer made from one account to another OF THE LITTORAL COMBAT SHIP AS under the authority of this section shall be SEC. 132. SPIDERNET/SPECTRAL WARRIOR HARD- A MAJOR DEFENSE ACQUISITION WARE. PROGRAM. deemed to increase the amount authorized (a) DESIGNATION REQUIRED.—The Secretary for the account to which the amount is (a) ADDITIONAL AMOUNT FOR OTHER PRO- of Defense shall— transferred by an amount equal to the CUREMENT, NAVY.—The amount authorized to (1) designate the effort to develop and amount transferred. be appropriated for fiscal year 2013 by sec- produce all variants of the mission modules (d) CONSTRUCTION OF AUTHORITY.—The tion 101 is hereby increased by $2,000,000, in support of the Littoral Combat Ship pro- transfer authority in this section is in addi- with the amount of the increase to be avail- gram as a major defense acquisition program tion to any other transfer authority provided able for amounts authorized to be appro- under section 2430 of title 10, United States in this Act. priated by that section and available for Code; and SEC. 130. SENSE OF CONGRESS ON MARINE other procurement, Navy, Satellite Commu- (2) with respect to the development and CORPS AMPHIBIOUS LIFT AND PRES- nications, line 085, Satellite Communica- production of each variant, submit to the ENCE REQUIREMENTS. tions Systems, as specified in the funding congressional defense committees a report (a) FINDINGS.—Congress makes the fol- table in section 4101. setting forth such cost, schedule, and per- lowing findings: (1) The United States Marine Corps is a (b) AVAILABILITY OF AMOUNT.—To the ex- formance information as would be provided tent provided in appropriations Acts, the if such effort were a major defense acquisi- combat force which leverages maneuver from the sea as a force multiplier allowing for a amount authorized and made available by tion program, including Selected Acquisition subsection (a) may be obligated and ex- Reports, unit cost reports, and program variety of operational tasks ranging from major combat operations to humanitarian pended for a new program to procure baselines. SPIDERNet/Spectral Warrior Hardware and (b) ADDITIONAL QUARTERLY REPORTS.—The assistance. (2) The United States Marine Corps is installation in order to provide a cloud net- Secretary shall submit to the congressional work for Spectral Warrior terminals in sup- defense committees on a quarterly basis a re- unique in that, while embarked upon Naval vessels, they bring all the logistic support port of requirements of the commanders of port on the development and production of the combatant commands. each variant of the mission modules in sup- necessary for the full range of military oper- port of the Littoral Combat Ship, including ations, operating ‘‘from the sea’’ they re- Subtitle D—Air Force Programs cost, schedule, and performance, and identi- quire no third party host nation permission fying actual and potential problems with to conduct military operations. SEC. 141. REDUCTION IN NUMBER OF AIRCRAFT such development or production and poten- (3) The Department of the Navy has a re- REQUIRED TO BE MAINTAINED IN quirement for 38 amphibious assault ships to STRATEGIC AIRLIFT AIRCRAFT IN- tial mitigation plans to address such prob- VENTORY. lems. meet this full range of military operations. (4) Due to fiscal constraints only, that re- SEC. 128. TRANSFER OF CERTAIN FISCAL YEAR (a) REDUCTION IN INVENTORY REQUIRE- 2012 PROCUREMENT OF AMMUNI- quirement of 38 vessels was reduced to 33 ves- MENT.—Section 8062(g)(1) of title 10, United TION, NAVY AND MARINE CORPS sels, which adds military risk to future oper- States Code, is amended— FUNDS. ations. (1) by striking ‘‘Effective October 1, 2011, (a) IN GENERAL.—To the extent provided in (5) The Department of the Navy has been the’’ and inserting ‘‘The’’; and appropriations Acts, the Secretary of the unable to meet even the minimal require- (2) by striking ‘‘301 aircraft’’ and inserting Navy may transfer from fiscal year 2012 Pro- ment of 30 operationally available vessels ‘‘275 aircraft’’. curement of Ammunition, Navy and Marine and has submitted a shipbuilding and ship (b) MODIFICATION OF CERTIFICATION RE- Corps funds, $88,300,000 to other, higher pri- retirement plan to Congress which will re- QUIREMENT.—Section 137(d)(3)(B) of the Na- ority programs of the Navy and the Marine duce the force to 28 vessels. tional Defense Authorization Act for Fiscal Corps. (6) Experience has shown that early engi- Year 2010 (Public Law 111–84; 123 Stat. 2221) is (b) COVERED FUNDS.—For purposes of this neering and design of naval vessels has sig- amended by striking ‘‘316 strategic airlift section, the term ‘‘fiscal year 2012 Procure- nificantly reduced the acquisition costs and aircraft’’ and inserting ‘‘275 strategic airlift ment of Ammunition, Navy and Marine life-cycle costs of those vessels. aircraft’’. Corps funds’’ means amounts authorized to (b) SENSE OF CONGRESS.—It is the sense of be appropriated for fiscal year 2012 by sec- Congress that— (c) PRESERVATION OF CERTAIN RETIRED C–5 tion 101 of the National Defense Authoriza- (1) the Department of Defense should care- AIRCRAFT.—The Secretary of the Air Force tion Act for Fiscal Year 2012 (Public Law fully evaluate the maritime force structure shall preserve each C–5 aircraft retired by 112–81; 125 Stat. 1317) and available for Pro- necessary to execute demand for forces by the Secretary after September 30, 2012, such curement of Ammunition, Navy and Marine the commanders of the combatant com- that the aircraft— Corps as specified in the funding table in sec- mands; (1) is stored in flyable condition; tion 4101 of that Act. (2) the Department of the Navy carefully (2) can be returned to service; and (c) EFFECT ON AUTHORIZATION AMOUNTS.—A evaluate amphibious lift capabilities to meet (3) is not used to supply parts to other air- transfer made from one account to another current and projected requirements; craft unless specifically authorized by the under the authority of this section shall be (3) the Department of the Navy should con- Secretary of Defense upon a request by the deemed to increase the amount authorized sider prioritization of investment in and pro- Secretary of the Air Force.

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SEC. 142. TREATMENT OF CERTAIN PROGRAMS (2) COST REDUCTION.—The Secretary may Government to the requirements of the con- FOR THE F–22A RAPTOR AIRCRAFT include in a contract entered into under tract, including how any such changes may AS MAJOR DEFENSE ACQUISITION paragraph (1) the following: affect the success of the contract. PROGRAMS. (A) The procurement of material and (2) PLAN FOR USING COST SAVINGS.—Not (a) IN GENERAL.—The Secretary of Defense equipment in economic order quantities if later than 90 days after the date on which shall treat the programs referred to in sub- the procurement of such material and equip- section (b) for the F–22A Raptor aircraft as a the Secretary enters into a contract under ment in such quantities will result in cost major defense acquisition program for which subsection (a), the Secretary shall submit to savings. Selected Acquisition Reports shall be sub- the congressional defense committees a plan (B) Cost reduction initiatives. mitted to Congress in accordance with the for using the cost savings described in para- (3) USE OF INCREMENTAL FUNDING.—The requirements of section 2432 of title 10, graph (1)(A) to improve the capability of Secretary may use incremental funding for a United States Code. military infrared and early warning sat- (b) COVERED PROGRAMS.—The programs re- contract entered into under paragraph (1) for ellites that includes a description of the fol- ferred to in this subsection for the F–22A a period not to exceed six fiscal years. lowing: Raptor aircraft are the following: (4) LIABILITY.—A contract entered into (A) The available funds, by year, resulting (1) Any modernization program through In- under paragraph (1) shall provide that— from such cost savings. crement 3.2A. (A) any obligation of the United States to (B) The specific activities or subprograms (2) The Reliability and Maintainability make a payment under the contract is sub- to be funded using such cost savings and the Maturation Program (RAMMP) and the ject to the availability of appropriations for funds, by year, allocated to each such activ- Structural Repair Program (SRP II). that purpose; and ity or subprogram. (3) The modernization Increment 3.2B and (B) the total liability of the Federal Gov- (C) The objectives for each such activity or any future F–22A Raptor aircraft moderniza- ernment for the termination of the contract subprogram. tion program that would otherwise, if a shall be limited to the total amount of fund- (D) The criteria used by the Secretary to standalone program, qualify for treatment as ing obligated at the time of the termination determine which such activities or subpro- a major defense acquisition program for pur- of the contract. grams to fund. poses of chapter 144 of title 10, United States (b) LIMITATION OF COSTS.— (E) The method by which the Secretary Code. (1) LIMITATION.—Except as provided in sub- will determine which such activities or subsection (c), and excluding amounts described SEC. 143. AVIONICS SYSTEMS FOR C–130 AIR- programs to fund, including whether that de- in paragraph (2), the total amount obligated CRAFT. termination will be on a competitive basis. or expended for the procurement of two (a) LIMITATIONS.— (F) The plan for encouraging participation space-based infrared system satellites au- (1) AVIONICS MODERNIZATION PROGRAM.—The in such activities and subprograms by small thorized by subsection (a) may not exceed Secretary of the Air Force shall take no ac- businesses. $3,900,000,000. tion to cancel or modify the Avionics Mod- (G) The process for determining how and (2) EXCLUSION.—The amounts described in ernization Program (AMP) for the C–130 air- when such activities and subprograms would this paragraph are amounts associated with craft until 30 days after the date of the sub- transition to an existing program or be es- the following: mittal to the congressional defense commit- tablished as a new program of record. (A) Plans. tees of the report required by subsection (b). (e) USE OF FUNDS AVAILABLE FOR SPACE VE- (B) Technical data packages. (2) CNS/ATM PROGRAM.— HICLE NUMBER 5 FOR SPACE VEHICLE NUMBER (C) Post-delivery and program-related sup- (A) IN GENERAL.—The Secretary shall take 6.—The Secretary may obligate and expend no action described in subparagraph (B) until port costs. amounts authorized to be appropriated for 30 days after the date of the submittal to the (D) Technical support for obsolescence fiscal year 2013 by section 101 for procure- congressional defense committees of the re- studies. ment for the Air Force as specified in the (c) ADJUSTMENT TO LIMITATION AMOUNT.— port required by subsection (b). funding table in section 4101 and available (1) IN GENERAL.—The Secretary may in- (B) COVERED ACTIONS.—An action described for the advanced procurement of long-lead crease the limitation set forth in subsection in this subparagraph is an action to begin an parts and the replacement of obsolete parts (b)(1) by the amount of an increase described alternative communication, navigation, sur- for space-based infrared system satellite in paragraph (2) if the Secretary submits to veillance, and air traffic management (CNS/ space vehicle number 5 for the advanced pro- the congressional defense committees writ- ATM) program for the C–130 aircraft that is curement of long-lead parts and the replace- ten notification of the increase made to that designed or intended— ment of obsolete parts for space-based infra- limitation. (i) to meet international communication, red system space vehicle number 6. (2) INCREASE DESCRIBED.—An increase de- navigation, surveillance, and air traffic man- (f) SENSE OF CONGRESS.—It is the sense of agement standards for the fleet of C–130 air- scribed in this paragraph is one of the fol- Congress that the Secretary should not enter craft; or lowing: into a fixed-price contract under subsection (ii) to replace the current Avionics Mod- (A) An increase in costs that is attrib- (a) for the procurement of two space-based ernization Program for the C–130 aircraft. utable to economic inflation after September infrared system satellites unless the Sec- (b) REPORT.—Not later than 30 days after 30, 2012. retary determines that entering into such a the date of the enactment of this Act, the (B) An increase in costs that is attrib- contract will save the Air Force not less Secretary of Defense shall submit to the con- utable to compliance with changes in Fed- than 20 percent over the cost of procuring gressional defense committees report on the eral, State, or local laws enacted after Sep- two such satellites separately. results of a study to be conducted by the Of- tember 30, 2012. SEC. 145. TRANSFER OF CERTAIN FISCAL YEAR fice of Cost Assessment and Program Evalua- (C) An increase in the cost of a space-based 2011 AND 2012 FUNDS FOR AIRCRAFT tion of the Department of Defense on the fol- infrared system satellite that is attributable PROCUREMENT FOR THE AIR lowing: to the insertion of a new technology into the FORCE. (1) The costs and schedule to complete the satellite that was not built into such sat- (a) IN GENERAL.—To the extent provided in current program of record for the Avionics ellites procured before fiscal year 2013, if the appropriations Acts, the Secretary of the Air Modernization Program for the C–130 air- Secretary determines, and certifies to the Force may transfer from fiscal year 2011 and craft, as anticipated at the time of the last congressional defense committees, that in- 2012 Aircraft Procurement, Air Force funds, certification on that program under section sertion of the new technology into the sat- an aggregate of $920,748,000 to other, higher 2433a of title 10, United States Code. ellite is— priority programs of the Air Force. (2) The total cost and schedule, from start (i) expected to decrease the life-cycle cost (b) COVERED FUNDS.—For purposes of this to completion, of any proposed alternative of the satellite; or section, the term ‘‘fiscal year 2011 and 2012 communication, navigation, surveillance, (ii) required to meet an emerging threat Aircraft Procurement, Air Force funds’’ and air traffic management program for the that poses grave harm to the national secu- means— C–130 aircraft. rity of the United States. (1) amounts authorized to be appropriated (3) The projected manpower savings to be (d) REPORTS.— for fiscal year 2011 by section 103(1) of the derived from the current program of record (1) REPORT ON CONTRACTS.—Not later than Ike Skelton National Defense Authorization for the Avionics Modernization Program for 30 days after the date on which the Secretary Act for Fiscal Year 2011 (Public Law 111–383; the C–130 aircraft in comparison with the enters into a contract under subsection (a), 124 Stat. 4152) for aircraft procurement for projected manpower savings to be derived the Secretary shall submit to the congres- the Air Force; and from any proposed alternative communica- sional defense committees a report on the (2) amounts authorized to be appropriated tion, navigation, surveillance, and air traffic contract that includes the following: for fiscal year 2012 by section 101 of the Na- management program for the C–130 aircraft. (A) The total cost savings resulting from tional Defense Authorization Act for Fiscal SEC. 144. PROCUREMENT OF SPACE-BASED IN- the authority provided by subsection (a). Year 2012 (Public Law 112–81; 125 Stat. 1317) FRARED SYSTEM SATELLITES. (B) The type and duration of the contract. and available for Aircraft Procurement, Air (a) CONTRACT AUTHORITY.— (C) The total value of the contract. Force as specified in the funding table in sec- (1) IN GENERAL.—The Secretary of the Air (D) The funding profile under the contract tion 4101 of that Act. Force may procure two space-based infrared by year. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A system satellites by entering into a fixed- (E) The terms of the contract regarding transfer made from one account to another price contract for such procurement. the treatment of changes by the Federal under the authority of this section shall be

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TRANSFER OF CERTAIN FISCAL YEAR curement, Defense-wide, other procurement 2012 NAVY RESEARCH, DEVELOP- tion to any other transfer authority provided programs, line 079, Combat mission require- MENT, TEST, AND EVALUATION in this Act. ments, as specified in the funding table in FUNDS. section 4101. Subtitle E—Joint and Multiservice Matters (a) IN GENERAL.—To the extent provided in (b) AVAILABILITY OF AMOUNT.—To the ex- SEC. 151. MULTIYEAR PROCUREMENT AUTHOR- appropriations Acts, the Secretary of the tent provided in appropriations Acts, the ITY FOR V–22 JOINT AIRCRAFT PRO- Navy may transfer from fiscal year 2012 amount authorized and made available by GRAM. Navy research, development, test, and eval- (a) AUTHORITY FOR MULTIYEAR PROCURE- subsection (a) may be obligated and ex- uation funds, $8,832,000 to other, higher pri- MENT.—Subject to section 2306b of title 10, pended for a new program to procure color ority programs of the Navy. United States Code, the Secretary of the electro-optical and infrared imaging sensors Navy may enter into a multiyear contract or for AC–130 aircraft used by the United States (b) COVERED FUNDS.—For purposes of this contracts, beginning with the fiscal year 2013 Special Operations Command in ongoing section, the term ‘‘fiscal year 2012 Navy re- program year, for the procurement of V–22 contingency operations. search, development, test, and evaluation funds’’ means amounts authorized to be ap- aircraft for the Department of the Navy, the TITLE II—RESEARCH, DEVELOPMENT, propriated for fiscal year 2012 by section 201 Department of the Air Force, and the United TEST, AND EVALUATION States Special Operations Command. of the National Defense Authorization Act Subtitle A—Authorization of Appropriations (b) CONDITION FOR OUT-YEAR CONTRACT for Fiscal Year 2012 (Public Law 112–81; 125 PAYMENTS.—A contract entered into under SEC. 201. AUTHORIZATION OF APPROPRIATIONS. Stat. 1329) and available for Research, Devel- subsection (a) shall provide that any obliga- Funds are hereby authorized to be appro- opment, Test, and Evaluation, Navy as speci- tion of the United States to make a payment priated for fiscal year 2013 for the use of the fied in the funding table in section 4201 of under the contract for a fiscal year after fis- Department of Defense for research, develop- that Act. cal year 2013 is subject to the availability of ment, test, and evaluation as specified in the (c) EFFECT ON AUTHORIZATION AMOUNTS.—A appropriations for that purpose for such funding table in section 4201. transfer made from one account to another later fiscal year. Subtitle B—Program Requirements, under the authority of this section shall be SEC. 152. LIMITATION ON AVAILABILITY OF Restrictions, and Limitations deemed to increase the amount authorized FUNDS FOR FULL-RATE PRODUC- SEC. 211. NEXT GENERATION FOUNDRY FOR THE for the account to which the amount is TION OF HANDHELD, MANPACK, AND DEFENSE MICROELECTRONICS AC- transferred by an amount equal to the SMALL FORM/FIT RADIOS UNDER TIVITY. amount transferred. THE JOINT TACTICAL RADIO SYS- TEM PROGRAM. Amounts authorized to be appropriated for (d) CONSTRUCTION OF AUTHORITY.—The Amounts available for the Joint Tactical fiscal year 2013 by section 201 and available transfer authority in this section is in addi- Radio System (JTRS) program may not be for research, development, test, and evaluation to any other transfer authority provided obligated or expended for full-rate production for the Next Generation Foundry for the in this Act. tion of the Handheld, Manpack, and Small Defense Microelectronics Activity (DMEA) (PE #603720S) as specified in the funding SEC. 214. AUTHORITY FOR DEPARTMENT OF DE- Form/Fit (HMS) radios under that program FENSE LABORATORIES TO ENTER until the Under Secretary of Defense for Ac- table in section 4201 may not be obligated or expended for that purpose until 60 days after INTO EDUCATION PARTNERSHIPS quisition, Technology, and Logistics cer- WITH EDUCATIONAL INSTITUTIONS tifies to the congressional defense commit- the date on which the Assistant Secretary of IN UNITED STATES TERRITORIES tees that the acquisition strategy for such Defense for Research and Engineering— AND POSSESSIONS. (1) develops a microelectronics strategy as radios provides, to the maximum extent (a) AUTHORITY.—Subsection (a) of section described in the Senate report to accompany practicable, for full and open competition in 2194 of title 10, United States Code, is amend- S. 1235 of the 112th Congress (S. Rept. 112–26) the acquisition of such radios. ed by inserting ‘‘, the Commonwealth of and an estimate of the full life-cycle costs SEC. 153. SHALLOW WATER COMBAT SUBMERS- Puerto Rico, the Commonwealth of the for the upgrade of the Next Generation IBLE PROGRAM. Northern Mariana Islands, and any posses- Foundry; and (a) INITIAL REPORT.—Not later than 90 days sion of the United States’’ after ‘‘institu- (2) submits the strategy and cost estimate after the date of the enactment of this Act, tions of the United States’’. the Commander of the United States Special required by paragraph (1) to the congres- (b) TECHNICAL AMENDMENT.—Subsection Operations Command shall submit to the sional defense committees. (f)(2) of such section is amended by inserting congressional defense committees a report SEC. 212. ADVANCED ROTORCRAFT INITIATIVE. ‘‘(20 U.S.C. 7801)’’ before the period. setting forth the following: (a) IN GENERAL.—Not later than 180 days (1) A description of the efforts of the con- after the date of the enactment of this Act, SEC. 215. TRANSFER OF CERTAIN FISCAL YEAR tractor under the Shallow Water Combat the Under Secretary of Defense for Acquisi- 2012 AIR FORCE RESEARCH, DEVEL- Submersible (SWCS) program and the United tion, Technology, and Logistics shall, in con- OPMENT, TEST, AND EVALUATION States Special Operations Command to im- sultation with the military departments, the FUNDS. prove the accuracy of the tracking of the Defense Advanced Research Projects Agency, (a) IN GENERAL.—To the extent provided in schedule and costs of the program. and industry (including the Vertical Lift appropriations Acts, the Secretary of the Air (2) The revised timeline for the initial and Consortium (VLC)), submit to the congres- Force may transfer from fiscal year 2012 Air full operational capability of the Shallow sional defense committees a report setting Force research, development, test, and eval- Water Combat Submersible. forth a strategy for the use of integrated uation funds, $78,426,000 to other, higher pri- (3) A current estimate of the cost to meet platform design teams and agile prototyping ority programs of the Air Force. approaches for the development of advanced the basis of issue requirement under the pro- (b) COVERED FUNDS.—For purposes of this gram. rotorcraft capabilities. section, the term ‘‘fiscal year 2012 Air Force (b) SUBSEQUENT REPORTS.— (b) ELEMENTS.—The strategy required by research, development, test, and evaluation (1) QUARTERLY REPORTS REQUIRED.—The subsection (a) shall include the following: funds’’ means amounts authorized to be ap- Commander of the United States Special Op- (1) Mechanisms for establishing agile propriated for fiscal year 2012 by section 201 erations Command shall submit to the con- prototyping practices and programs, includ- of the National Defense Authorization Act gressional defense committees on a quar- ing rotorcraft X-planes, and an identification for Fiscal Year 2012 (Public Law 112–81; 125 terly basis updates on the metrics from the of the resources required for such purposes. Stat. 1329) and available for Research, Devel- earned value management system with (2) A restructuring of the Joint Multi-role opment, Test, and Evaluation, Air Force as which the Command is tracking the schedule (JMR) development program of the Army to specified in the funding table in section 4201 and cost performance of the contractor of include more technology demonstration of that Act. the Shallow Water Combat Submersible pro- platforms with challenge goals of significant gram. reductions in cost and time to flight. (c) EFFECT ON AUTHORIZATION AMOUNTS.—A (2) SUNSET.—The requirement in paragraph (3) A restructuring of the X-Plane Rotor- transfer made from one account to another (1) shall cease on the date the Shallow Water craft program of the Defense Advanced Re- under the authority of this section shall be Combat Submersible has completed oper- search Projects Agency to develop perform- deemed to increase the amount authorized ational testing and has been found to be ance objectives beyond the Joint Multi-role for the account to which the amount is operationally effective and operationally development program, including at least two transferred by an amount equal to the suitable. competing teams. amount transferred. SEC. 154. AC–130 AIRCRAFT ELECTRO-OPTICAL (4) Approaches, including competitive prize (d) CONSTRUCTION OF AUTHORITY.—The AND INFRARED SENSORS. awards, to encourage the development of ad- transfer authority in this section is in addi- (a) ADDITIONAL AMOUNT FOR PROCUREMENT, vanced rotorcraft capabilities to address tion to any other transfer authority provided DEFENSE-WIDE.—The amount authorized to challenge problems such as nap-of-earth in this Act.

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HOLT STATION IN warhead’’. 2025, and will keep the Ground-Based Inter- WESTERN AUSTRALIA TO ENHANCE (4) Deputy Assistant Secretary Roberts ceptor production line active for 5 additional SPACE SITUATIONAL AWARENESS testified that maintaining this advantageous CAPABILITIES. years, thus allowing additional Ground- position ‘‘requires continued improvement To the extent provided in appropriations Based Interceptor purchases in the future, if to the GMD system, including enhanced per- Acts, of the amounts authorized to be appro- needed. formance by the GBIs and the deployment of priated for fiscal year 2013 by section 201 and (C) The Department has decided not to de- new sensors. It also requires the develop- available for research, development, test, commission prototype Missile Field-1 at ment of the Precision Tracking Space Sys- and evaluation for Space Situation Aware- Fort Greely but, instead, to keep it in a stor- tem (PTSS) to handle larger raid sizes and ness Systems (PE 0604425F) for System De- age status that would permit it to be refur- the Standard Missile-3 (SM–3) Block IIB as velopment and Demonstration as specified in bished and reactivated within a few years if the ICBM threat from states like Iran and the funding table in section 4201, $3,000,000 future threat developments make that nec- North Korea matures. These efforts will help may be obligated and expended for a new essary. to ensure that the United States possesses program for the relocation and research and (D) The Missile Defense Agency plans to the capability to counter the projected development activities to enhance Space Sit- build an in-flight interceptor communica- threat for the foreseeable future’’. uational Awareness capabilities through— tions terminal at Fort Drum, New York, to (5) As its highest priority, the Missile De- (1) the repurposing of the C–Band Radar at enhance the performance of Ground-Based fense Agency is designing a correction to the Interceptors defending the eastern United Antigua; problem that caused a December 2010 flight States against possible future missile (2) the relocation of that radar to the H.E. test failure of the Ground-based Midcourse threats from Iran. Holt Station in Western Australia; Defense system using the Capability En- (E) The Missile Defense Agency is con- (3) upgrades of the hardware and software hancement II (CE–II) model of exo-atmos- tinuing the development and testing of the of that radar to meet Space Situational pheric kill vehicle, and plans to demonstrate Awareness mission needs; the correction in two flight tests before re- two-stage Ground-Based Interceptor for pos- (4) operational testing of that radar; and suming production or assembly of additional sible deployment in the future, if needed. (5) transfer of jurisdiction of that radar to Capability Enhancement II kill vehicles. (F) The Missile Defense Agency is upgrad- the Air Force Space Command for operations (6) The Department of Defense has a pro- ing early warning radars in Clear, Alaska, and sustainment by September 30, 2016. gram to improve the performance and reli- and Cape Cod, Massachusetts, to enhance the SEC. 217. DETAILED DIGITAL RADIO FREQUENCY ability of the Ground-based Midcourse De- ability to defend against potential multiple MODULATION COUNTERMEASURES fense system, including a plan to test every future Intercontinental Ballistic Missile STUDIES AND SIMULATIONS. component of the Ground-Based Interceptors threats from North Korea and Iran. (a) ADDITIONAL AMOUNT FOR RDT&E, for reliability. According to Department of (G) The Missile Defense Agency is pursuing ARMY.—The amount authorized to be appro- Defense officials, the goal of the Ground- development of the Standard Missile-3 Block priated for fiscal year 2013 by section 201 is Based Interceptor reliability program is to IIB interceptor for Phase 4 of the European hereby increased by $38,000,000, with the double the number of threat Interconti- Phased Adaptive Approach. It is intended to amount of the increase to be available for nental Ballistic Missiles (ICBMs) that our augment the Ground-based Midcourse De- amounts authorized to be appropriated by current inventory of Ground-Based Intercep- fense system as a cost-effective first layer of that section and available for research, de- tors could defeat, thereby effectively dou- defense of the homeland against a possible velopment, test, and evaluation, Army, for bling the capability of our current Ground- future Intercontinental Ballistic Missile system development and demonstration (PE based Midcourse Defense system. threat from Iran. 0605457A) Army Integrated Air and Missile (7) The Missile Defense Agency, working (H) The Missile Defense Agency is pursuing Defense (AIAMD), as specified in the funding with the Director of Operational Test and development of the Precision Tracking table in section 4201. Evaluation and with United States Strategic Space System, a satellite sensor system to (b) AVAILABILITY OF AMOUNT.—To the ex- Command, has developed a comprehensive provide persistent tracking of large numbers tent provided in appropriations Acts, the Integrated Master Test Plan (IMTP) for mis- of missiles in flight, and fire-control quality amount authorized and made available by sile defense, with flight tests for the Ground- targeting data to various missile defense in- subsection (a) may be obligated and ex- based Midcourse Defense system planned terceptor systems. According to the Director pended for a new program to conduct de- through fiscal year 2022, including salvo test- of the Missile Defense Agency, ‘‘the greatest tailed digital radio frequency modulation ing, multiple simultaneous engagement test- future enhancement for both homeland and (DRFM) countermeasures studies and sim- ing, and operational testing. regional defense in the next ten years is the ulations to develop algorithms to address (8) The Director of Operational Test and this threat change in support of the acceler- development of the Precision Tracking Evaluation, who must review, approve, and Space System satellites’’. ated fielding of a new capability in Patriot, sign each semi-annual version of the Inte- Sentinel, and Integrated Air and Missile De- (11) As part of its homeland defense hedg- grated Master Test Plan, testified that the ing strategy review, the Department of De- fense (IAMD) for the requirements of the Test Plan is ‘‘a robust and rigorous test commanders of the combatant commands. fense is considering other options to enhance plan’’. He also testified that the current pace the future United States posture to defend Subtitle C—Missile Defense Matters of Ground-based Midcourse Defense system the homeland, including the feasibility, ad- SEC. 231. HOMELAND BALLISTIC MISSILE DE- testing of one flight test per year is the visability and affordability of deploying ad- FENSE. ‘‘best that we’ve been able to achieve over a ditional Ground-Based Interceptors, either in (a) FINDINGS.—Congress makes the fol- decade’’. Alaska or at a missile defense site on the lowing findings: (9) The Director of the Missile Defense East Coast of the United States. (1) The Ballistic Missile Defense Review of Agency testified before the Committee on February 2010 stated as its first policy pri- Armed Services of the Senate on April 25, (b) SENSE OF CONGRESS.—It is the sense of ority that ‘‘the United States will continue 2012, that flight testing the Ground-based Congress that— to defend the homeland against the threat of Midcourse Defense system more often than (1) it is a national priority to defend the limited ballistic missile attack’’ and that once per year could cause ‘‘greater risk of homeland against the potential future threat ‘‘an essential element of the United States’ further failure and setbacks to developing of limited ballistic missile attack from coun- homeland ballistic missile defense strategy our homeland defense capability as rapidly tries such as North Korea and Iran; is to hedge against future uncertainties, in- as possible’’. (2) the currently deployed Ground-based cluding both the uncertainty of future threat (10) As part of its homeland defense hedg- Midcourse Defense system, with 30 Ground- capabilities and the technical risks inherent ing strategy, the Department of Defense has Based Interceptors deployed in Alaska and to our own development plans’’. already decided upon or implemented a num- California, provides protection of the United (2) The United States currently has an ber of actions to improve the missile defense States homeland against the potential future operational Ground-based Midcourse Defense posture of the United States in case the threat of limited ballistic missile attack (GMD) system with 30 Ground-Based Inter- threat of Intercontinental Ballistic Missiles from North Korea and Iran; ceptors (GBIs) deployed in Alaska and Cali- from North Korea or Iran emerges sooner or (3) it is essential for the Ground-based Mid- fornia, protecting the United States against in greater numbers than anticipated. These course Defense system to achieve the levels the potential future threat of limited bal- include the following actions: of reliability, availability, sustainability, listic missile attack from countries such as (A) The Missile Defense Agency has com- and operational performance that will allow North Korea and Iran. pleted construction of Missile Field-2 at Fort it to continue providing protection of the (3) As Deputy Assistant Secretary of De- Greely, Alaska, with eight extra silos avail- United States homeland against limited bal- fense for Nuclear and Missile Defense Policy able to deploy additional operational listic missile attack; Bradley Roberts testified before the Com- Ground-Based Interceptors, if needed. (4) the Missile Defense Agency should, as mittee on Armed Services of the Senate on (B) With its request for 5 additional its highest priority, correct the problem that April 25, 2012, ‘‘[w]ith 30 GBIs in place, the Ground-Based Interceptors in the budget of caused the December 2010 Ground-based Mid- United States is in an advantageous position the President for fiscal year 2013, the Missile course Defense system flight test failure and vis-a` -vis the threats from North Korea and Defense Agency plans to have enough test demonstrate the correction in flight tests be- Iran,’’ and ‘‘neither has successfully tested and spare Ground-Based Interceptors to em- fore resuming production of the Capability

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7474 CONGRESSIONAL RECORD — SENATE December 5, 2012

Enhancement-II kill vehicle, in order to pro- (3) FORM OF REPORT.—The report shall be cluding agreements with Romania and Po- vide confidence that the system will work as submitted in unclassified form, but may in- land to permit the deployment of Aegis intended; clude a classified annex. Ashore missile defense systems on their ter- (5) the Department of Defense should con- SEC. 232. REGIONAL BALLISTIC MISSILE DE- ritory, an agreement with Turkey to permit tinue to enhance the performance and reli- FENSE. deployment of an AN/TPY–2 radar on its ter- ability of the Ground-based Midcourse De- (a) FINDINGS.—Congress makes the fol- ritory, and an agreement with Spain to per- fense system, and enhance the capability of lowing findings: mit the forward stationing of four Aegis Bal- the Ballistic Missile Defense System, to pro- (1) In the introduction to the Ballistic Mis- listic Missile Defense ships at Rota. vide improved capability to defend the home- sile Defense Review of February 2010, Sec- (10) Phase 2 of the European Phased Adapt- land against possible increased future mis- retary of Defense Robert Gates states that ‘‘I ive Approach is planned for deployment in sile threats from North Korea and Iran; have made defending against near-term re- 2015, and is planned to include the deploy- (6) the Missile Defense Agency should con- gional threats a top priority of our missile ment of Standard Missile-3 Block IB inter- tinue its robust, rigorous, and realistic test- defense plans, programs and capabilities’’. ceptors on Aegis Ballistic Missile Defense ing of the Ground-based Midcourse Defense (2) In describing the threat of regional bal- ships and at an Aegis Ashore site in Roma- system at a pace of one flight test per year, listic missiles, the report of the Ballistic nia. as described in the Integrated Master Test Missile Defense Review states that ‘‘there is (11) Phase 3 of the European Phased Adapt- Plan, including salvo testing, multiple si- no uncertainty about the existence of re- ive Approach is planned for deployment in multaneous engagement testing, and oper- gional threats. They are clear and present. 2018, and is planned to include the deploy- ational testing; The threat from short-range, medium-range, ment of Standard Missile-3 Block IIA inter- (7) if successfully developed, the Standard and intermediate-range ballistic missiles ceptors on Aegis Ballistic Missile Defense Missile-3 Block IIB interceptor would pro- (SRBMs, MRBMs, and IRBMs) in regions ships and at an Aegis Ashore site in Poland. vide an essential first layer of defense of the where the United States deploys forces and (12) Phase 4 of the European Phased Adapt- homeland against an emerging Interconti- maintains security relationships is growing ive Approach is planned for deployment in nental Ballistic Missile threat from Iran, at a particularly rapid pace’’. 2020, and is planned to include the deploy- using a cost-effective forward-based early (3) In testimony before the Committee on ment of Standard Missile-3 Block IIB inter- intercept system that could permit holding Armed Services of the Senate on April 25, ceptors at Aegis Ashore sites. This inter- Ground-Based Interceptors in reserve, and if 2012, Dr. Bradley Roberts, Deputy Assistant ceptor is intended to protect both Europe such interceptor could be deployed on ships, Secretary of Defense for Nuclear and Missile and the United States against potential fu- it would also provide a significant enhance- Defense Policy stated, with respect to re- ture long-range ballistic missiles from Iran. ment to defense against possible future gional missile defense, that ‘‘the need arises (13) At the North Atlantic Treaty Organi- threats from North Korea; from the rapidly emerging threats to our zation Summit in Chicago in 2012, the North (8) the Precision Tracking Space System armed forces in Europe, the Middle East, and Atlantic Treaty Organization plans to an- has the potential to improve dramatically East Asia from regional missile proliferators nounce it has achieved an ‘‘interim capa- the capability of homeland and regional mis- and the basic challenge such proliferation bility’’ for the North Atlantic Treaty Orga- sile defense systems against large numbers poses to the safety and security of our forces nization missile defense system, including of missiles launched simultaneously, and and allies and to our power projection strat- initial capability of its Active Layered The- should remain a high priority for develop- egy’’. ater Ballistic Missile Defense system at a ment; (4) Iran has the largest inventory of re- command and control facility in Germany. (9) the Department of Defense has taken a gional ballistic missiles in the Middle East, (14) The United States has a robust pro- number of prudent, affordable, cost-effective, with hundreds of missiles that can reach gram of missile defense cooperation with and operationally significant steps to hedge southeastern Europe and all of the Middle Israel, including joint development of the against the possibility of future growth in East, including Israel. Iran is improving its Arrow Weapon System and the new Arrow-3 the missile threat to the homeland from existing missiles and developing new and upper tier interceptor, designed to defend North Korea and Iran; and longer-range missiles. Israel against ballistic missiles from Iran. (10) the Department of Defense should con- (5) North Korea has a large and growing in- These jointly developed missile defense sys- tinue to evaluate the evolution of the long- ventory of short-range and medium-range tems are designed to be interoperable with range missile threat from North Korea and ballistic missiles that can reach United United States ballistic missile defenses, and Iran and consider other possibilities for pru- States forces and allies in South Korea and these interoperable systems are tested in dent, affordable, cost-effective, and oper- Japan. North Korea is improving its existing large military exercises. The United States ationally significant steps to improve the missiles and developing new and longer- has deployed an AN/TPY–2 radar in Israel to posture of the United States to defend the range missiles. enhance missile defense against missiles homeland against possible future growth in (6) In September 2009, President Barack from Iran. the threat. Obama announced that he had accepted the (15) The United States is working with the (c) REPORT.— unanimous recommendation of the Secretary nations of the Gulf Cooperation Council on (1) REPORT REQUIRED.—Not later than 180 of Defense and the Joint Chiefs of Staff to es- enhanced national and regional missile de- days after the date of the enactment of this tablish a European Phased Adaptive Ap- fense capabilities against growing missile Act, the Secretary of Defense shall submit to proach to missile defense, designed to pro- threats from Iran. As part of this effort, the the congressional defense committees a re- tect deployed United States forces and allies United Arab Emirates plans to purchase two port on the status of efforts to improve the and partners in Europe against the large and batteries of the Terminal High Altitude Air homeland ballistic missile defense capability growing threat of ballistic missiles from Defense (THAAD) system, as well as other of the United States. Iran. equipment. (2) ELEMENTS OF REPORT.—The report re- (7) In November 2010, at the Lisbon Sum- (16) The United States has a strong pro- quired by paragraph (1)) shall include the fol- mit, the North Atlantic Treaty Organization gram of missile defense cooperation with lowing: (NATO) decided to adopt the core mission of Japan, including the co-development of the (A) A detailed description of the actions missile defense of its population, territory Standard Missile-3 (SM–3) Block IIA inter- taken or planned to improve the reliability, and forces. The North Atlantic Treaty Orga- ceptor for the Aegis Ballistic Missile Defense availability, and capability of the Ground- nization agreed to enhance its missile de- system, intended to be deployed by Japan based Midcourse Defense system. fense command and control system, the Ac- and in Phase 3 of the European Phased (B) A description of any improvements tive Layered Theater Ballistic Missile De- Adaptive Approach, Japan’s fleet of Aegis achieved as a result of the actions described fense, to provide a North Atlantic Treaty Or- Ballistic Missile Defense ships using the SM– in subparagraph (A). ganization command and control capability. 3 Block IA interceptors, and the United (C) A description of the results of the two This is in addition to contributions of mis- States deployment of an AN/TPY–2 radar in planned flight tests of the Ground-based Mid- sile defense capability from individual na- Japan. course Defense system (Control Test Vehicle tions. (b) SENSE OF CONGRESS.—It is the sense of flight test-1, and GMD Flight Test–06b) in- (8) During 2011, the United States success- Congress that— tended to demonstrate the success of the cor- fully implemented Phase 1 of the European (1) the threat from regional ballistic mis- rection of the problem that caused the flight Phased Adaptive Approach, including de- siles, particularly from Iran and North test failure of December 2010, and the status ployment of an AN/TPY–2 radar in Turkey, Korea, is serious and growing, and puts at of any decision to resume production of the deployment of an Aegis Ballistic Missile De- risk forward-deployed United States forces Capability Enhancement-II kill vehicle. fense ship in the eastern Mediterranean Sea and allies and partners in Europe, the Middle (D) A detailed description of actions taken with Standard Missile-3 Block IA intercep- East, and the Asia-Pacific region; or planned to improve the homeland defense tors, and establishment of a missile defense (2) the Department of Defense has an obli- posture of the United States to hedge command and control system in Germany. gation to provide force protection of for- against potential future Intercontinental (9) During 2011, the United States success- ward-deployed United States forces, assets, Ballistic Missile threat growth from North fully negotiated all the international agree- and facilities from regional ballistic missile Korea and Iran. ments with North Atlantic Treaty Organiza- attack; (E) Any other matters the Secretary con- tion allies needed to permit future phases of (3) the United States has an obligation to siders appropriate. the European Phased Adaptive Approach, in- meet its security commitments to its allies,

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7475 including ballistic missile defense commit- SEC. 233. MISSILE DEFENSE COOPERATION WITH (7) In a December 18, 2010, letter to the ments; RUSSIA. leadership of the Senate, President Obama (4) the Department of Defense has a bal- (a) FINDINGS.—Congress makes the fol- wrote that the North Atlantic Treaty Orga- anced program of investment and capabili- lowing findings: nization ‘‘invited Russia to cooperate on ties to provide for both homeland defense (1) For more than a decade, the United missile defense, which could lead to adding and regional defense against ballistic mis- States and Russia have discussed a variety of Russian capabilities to those deployed by siles, consistent with the Ballistic Missile options for cooperation on shared early NATO to enhance our common security Defense Review and with the prioritized and warning and ballistic missile defense. For ex- against common threats. The Lisbon Sum- integrated needs of the commanders of the ample, on May 1, 2001, President George W. mit thus demonstrated that the Alliance’s combatant commands; Bush spoke of a ‘‘new cooperative relation- missile defenses can be strengthened by im- (5) the European Phased Adaptive Ap- ship’’ with Russia and said ‘‘it should be pre- proving NATO-Russian relations. This comes proach to missile defense is an appropriate mised on openness, mutual confidence and even as we have made clear that the system and necessary response to the existing and real opportunities for cooperation, including we intend to pursue with Russia will not be growing ballistic missile threat from Iran to the area of missile defense. It should allow a joint system, and it will not in any way forward deployed United States forces and us to share information so that each nation limit United States’ or NATO’s missile de- allies and partners in Europe; can improve its early warning capability, fense capabilities. Effective cooperation with Russia could enhance the overall efficiency (6) the Department of Defense— and its capability to defend its people and of our combined territorial missile defenses, (A) should, as a high priority, continue to territory. And perhaps one day, we can even and at the same time provide Russia with develop, test, and plan to deploy all four cooperate in a joint defense’’. greater security’’. phases of the European Phased Adaptive Ap- (2) Section 1231 of the Floyd D. Spence Na- (8) Section 221(a)(3) of the Ike Skelton Na- proach, including all variants of the Stand- tional Defense Authorization Act for Fiscal tional Defense Authorization Act for Fiscal ard Missile-3 interceptor; and Year 2001 (as enacted into law by Public Law Year 2011 (Public Law 111–383; 124 Stat. 4167) (B) should also continue with its other 106–398; 1654A–329) authorized the Depart- states that it is the sense of Congress ‘‘to phased and adaptive regional missile defense ment of Defense to establish in Russia a support the efforts of the United States Gov- efforts tailored to the Middle East and the ‘‘joint center for the exchange of data from Asia-Pacific region; ernment and the North Atlantic Treaty Or- systems to provide early warning of launches ganization to pursue cooperation with the (7) European members of the North Atlan- of ballistic missiles and for notification of tic Treaty Organization are making valuable Russian Federation on ballistic missile de- launches of such missiles’’, also known as fense relative to Iranian missile threats’’. contributions to missile defense in Europe, the Joint Data Exchange Center (JDEC). by hosting elements of United States missile (9) In a speech in Russia on March 21, 2011, (3) On March 31, 2008, Deputy Secretary of Secretary of Defense Robert Gates cited ‘‘the defense systems on their territories, through Defense Gordon England stated that ‘‘we individual national contributions to missile NATO-Russian decision to cooperate on de- have offered Russia a wide-ranging proposal fense against ballistic missiles. We’ve dis- defense capability, and by collective funding to cooperate on missile defense—everything and development of the Active Layered The- agreed before, and Russia still has uncertain- from modeling and simulation, to data shar- ties about the European Phased Adaptive ater Ballistic Missile Defense system; and ing, to joint development of a regional mis- (8) the Department of Defense should con- Approach, a limited system that poses no sile defense architecture—all designed to de- challenges to the large Russian nuclear arse- tinue with the development of the key fend the United States, Europe, and Russia nal. However, we’ve mutually committed to enablers of enhanced regional missile de- from the growing threat of Iranian ballistic resolving these difficulties in order to defense, including the Precision Tracking missiles. An extraordinary series of trans- velop a roadmap toward truly effective anti- Space System. parency measures have also been offered to ballistic missile collaboration. This collabo- (c) REPORT.— reassure Russia. Despite some Russian reluc- ration may include exchanging launch infor- (1) IN GENERAL.—Not later than 180 days tance to sign up to these cooperative missile mation, setting up a joint data fusion center, after the date of enactment of this Act, the defense activities, we continue to work to- allowing greater transparency with respect Secretary of Defense shall submit to the con- ward this goal’’. to our missile defense plans and exercises, gressional defense committees a report de- (4) On July 6, 2009, President Barack and conducting a joint analysis to determine scribing the status and progress of regional Obama and Russian President Dmitry areas of future cooperation’’. missile defense programs and efforts. Medvedev issued a joint statement on mis- (10) In testimony to the Committee on (2) ELEMENTS OF REPORT.—The report re- sile defense issues, which stated that ‘‘Rus- Armed Services of the Senate on April 13, quired by paragraph (1) shall include the fol- sia and the United States plan to continue 2011, Deputy Assistant Secretary of Defense lowing: the discussion concerning the establishment for Nuclear and Missile Defense Policy Brad- (A) An assessment of the adequacy of the of cooperation in responding to the challenge ley H. Roberts stated that the United States existing and planned European Phased of ballistic missile proliferation. . . We have has been pursuing a Defense Technology Co- Adaptive Approach to provide force protec- instructed our experts to work together to operation Agreement with Russia since 2004, tion for forward deployed United States analyze the ballistic missile challenges of and that such an agreement is necessary ‘‘for forces in Europe against ballistic missile the 21st century and to prepare appropriate the safeguarding of sensitive information in threats from Iran, and an assessment wheth- recommendations’’. support of cooperation’’ on missile defense, er adequate force protection would be avail- (5) The February 2010 report of the Bal- and to ‘‘provide the legal framework for unable absent the European Phased Adaptive listic Missile Defense Review established as dertaking cooperative efforts’’. Further, Dr. Approach. one of its central policy pillars that in- Roberts stated that the United States would (B) An assessment whether the European creased international missile defense co- not provide any classified information to Phased Adaptive Approach and other operation is in the national security interest Russia without first conducting a National planned regional missile defense approaches of the United States and, with regard to co- Disclosure Policy review. He also stated that of the United States meet the integrated pri- operation with Russia, the United States ‘‘is the United States is not considering sharing orities of the commanders of the regional pursuing a broad agenda focused on shared ‘‘hit-to-kill’’ technology with Russia. combatant commands in an affordable and early warning of missile launches, possible (11) In a March 2012 answer to a question balanced manner. technical cooperation, and even operational from the Committee on Armed Services of (C) A description of the progress made in cooperation’’. the Senate on missile defense cooperation the development and testing of elements of (6) at the November 2010 Lisbon Summit, with Russia, Acting Under Secretary of De- systems intended for deployment in Phases 2 the North Atlantic Treaty Organization fense for Policy Jim Miller wrote that ‘‘I through 4 of the European Phased Adaptive (NATO) decided to develop a missile defense support U.S.-Russian cooperation on missile Approach, including the Standard Missile-3 system to ‘‘protect NATO European popu- defenses first and foremost because it could Block IB interceptor and the Aegis Ashore lations, territory and forces’’ and also to improve the effectiveness of U.S. and NATO system. seek cooperation with Russia on missile de- missile defenses, thereby improving the pro- (D) A description of the manner in which fense. In its Lisbon Summit Declaration, the tection of the United States, our forces over- elements of regional missile defense archi- North Atlantic Treaty Organization re- seas, and our Allies. Missile defense coopera- tectures, such as forward-based X-band ra- affirmed its readiness to ‘‘invite Russia to tion with Russia is in the security interests dars in Turkey and Japan, contribute to the explore jointly the potential for linking cur- of the United States, NATO, and Russia, first enhancement of homeland defense of the rent and planned missile defence systems at and foremost because it could strengthen ca- United States. an appropriate time in mutually beneficial pabilities across Europe to intercept Iranian (E) A description of the current and ways’’. The new NATO Strategic Concept missiles’’. He also wrote that ‘‘[t]he United planned contributions of North Atlantic adopted at the Lisbon Summit states that States has pursued missile defense coopera- Treaty Organization allies, both collectively ‘‘we will actively seek cooperation on mis- tion with Russia with the clear under- and individually, to missile defense in Eu- sile defense with Russia’’, that ‘‘NATO-Rus- standing that we would not accept con- rope. sia cooperation is of strategic importance’’, straints on missile defense, and that we (3) FORM.—The report required by para- and that ‘‘the security of the North Atlantic would undertake necessary qualitative and graph (1) shall be submitted in unclassified Treaty Organization and Russia is inter- quantitative improvements to meet U.S. Se- form, but may include a classified annex. twined’’. curity needs’’.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7476 CONGRESSIONAL RECORD — SENATE December 5, 2012 (12) In February 2012, an international (A) United States classified information is for a next generation Exo-atmospheric Kill group of independent experts known as the appropriately safeguarded and protected Vehicle. Euro-Atlantic Security Initiative issued a from unauthorized disclosure; (c) REPORT.— report proposing missile defense cooperation (B) prior to sharing classified information (1) IN GENERAL.—Not later than one year between the United States (with its North with Russia, the United States conducts a after the date of the enactment of this Act, Atlantic Treaty Organization allies) and National Disclosure Policy review and deter- the Director shall submit to the congres- Russia. The group, whose leaders included mines the types and levels of information sional defense committees a report setting Stephen Hadley, the National Security Advi- that may be shared and whether any addi- forth the plan developed under subsection sor to President George W. Bush, proposed tional procedures are necessary to protect (a), including the results of the assessment that the nations share satellite and radar such information; under subsection (b), and an estimate of the early warning data at joint cooperation cen- (C) prior to entering into missile defense cost and schedule of implementing the plan. ters in order to improve their ability to de- technology cooperation projects, the United (2) FORM.—The report required by para- tect, track, and defeat medium-range and in- States enters into a Defense Technology Co- graph (1) shall be submitted in unclassified termediate-range ballistic missiles from the operation Agreement with Russia that estab- form, but may include a classified annex. Middle East. lishes the legal framework for a broad spec- SEC. 235. MODERNIZATION OF THE PATRIOT AIR (13) In a letter dated April 13, 2012, Robert trum of potential cooperative defense AND MISSILE DEFENSE SYSTEM. Nabors, Assistant to the President and Di- projects; and (a) PLAN FOR MODERNIZATION.—Not later rector of the Office of Legislative Affairs, (D) such cooperation does not limit the than 180 days after the date of the enactment missile defense capabilities of the United wrote that ‘‘it is Administration policy that of this Act, the Secretary of the Army shall States or its North Atlantic Treaty Organi- we will only provide information to Russia submit to the congressional defense commit- zation allies. that will enhance the effectiveness of our tees a prioritized plan for support of the missile defenses. The Administration will SEC. 234. NEXT GENERATION EXO-ATMOSPHERIC long-term requirements in connection with KILL VEHICLE. not provide Russia with sensitive informa- the modernization of the Patriot air and (a) PLAN FOR NEXT GENERATION KILL VEHI- tion that would in any way compromise our missile defense system. CLE.—The Director of the Missile Defense national security, including hit-to-kill tech- (b) ADDITIONAL ELEMENTS.—The report re- Agency shall develop a long-term plan for quired by subsection (a) shall also set forth nology and interceptor telemetry’’. the Exo-atmospheric Kill Vehicle (EKV) that the following: (14) The United States and Russia already addresses both modifications and enhance- (1) An assessment of the integrated air and engage in substantial cooperation on a num- ments to the current Exo-atmospheric Kill missile defense capabilities required to meet ber of international security efforts, includ- Vehicle and options for the competitive de- the demands of evolving and emerging ing nuclear nonproliferation, anti-piracy, velopment of a next generation Exo-atmos- threats. counter-narcotics, nuclear security, counter- pheric Kill Vehicle for the Ground-Based In- (2) A plan for the introduction of changes terrorism, and logistics resupply through terceptor (GBI) of the Ground-based Mid- to the Patriot air and missile defense system Russia of coalition forces in Afghanistan. course Defense (GMD) system and any other program to achieve reductions in the life- These areas of cooperation require each side interceptor that might be developed for the cycle cost of the Patriot air and missile de- to share and protect sensitive information, defense of the United States against long- fense system. which they have both done successfully. range ballistic missiles. (15) The United States currently has (b) DEFINITION OF PARAMETERS AND CAPA- SEC. 236. MEDIUM EXTENDED AIR DEFENSE SYS- TEM. BILITIES.— shared early warning agreements and pro- None of the funds authorized to be appro- (1) ASSESSMENT REQUIRED.—The Director grams of cooperation with eight nations in priated by this Act or otherwise made avail- addition to the North Atlantic Treaty Orga- shall define the desired technical parameters and performance capabilities for a next gen- able for fiscal year 2013 for the Department nization. The United States has developed of Defense may be obligated or expended for procedures and mechanisms for sharing early eration Exo-atmospheric Kill Vehicle using an assessment conducted by the Director for the Medium Extended Air Defense System warning information with partner nations (MEADS). while ensuring the protection of sensitive that purpose that is designed to ensure that SEC. 237. AVAILABILITY OF FUNDS FOR IRON United States information. a next generation Exo-atmospheric Kill Ve- hicle design— DOME SHORT-RANGE ROCKET DE- (16) Russia and the United States each FENSE PROGRAM. (A) enables ease of manufacturing, high have missile launch early warning and detec- Of the amounts authorized to be appro- tolerances to production processes and sup- tion and tracking sensors that could con- priated for fiscal year 2013 by section 201 for ply chain variability, and inherent reli- tribute to and enhance each others’ ability research, development, test, and evaluation, ability; to detect, track, an defend against ballistic Defense-wide, and available for the Missile (B) will be optimized to take advantage of missile threats from Iran. Defense Agency, $210,000,000 may be provided the Ballistic Missile Defense System archi- (17) The Obama Administration has pro- to the Government of Israel for the Iron tecture and sensor system capabilities; vided regular briefings to Congress on its dis- Dome short-range rocket defense program as (C) leverages all relevant kill vehicle de- cussions with Russia on possible missile de- specified in the funding table in section 4201. fense cooperation. velopment activities and technologies, including from the current Standard Missile-3 SEC. 238. READINESS AND FLEXIBILITY OF (b) SENSE OF CONGRESS.—It is the sense of INTERCONTINENTAL BALLISTIC MIS- Block IIB (SM–3 IIB) program and the pre- SILE FORCE. Congress that— vious Multiple Kill Vehicle technology devel- The Secretary of Defense may, in a manner (1) it is in the national security interest of opment program; consistent with the obligations of the United the United States to pursue efforts at missile (D) seeks to maximize, to the greatest ex- States under international agreements— defense cooperation with Russia that would tent practicable, commonality between sub- (1) retain intercontinental ballistic missile enhance the security of the United States, systems of a next generation Exo-atmos- launch facilities currently supporting de- its North Atlantic Treaty Organization al- pheric Kill Vehicle and other exo-atmos- ployed strategic nuclear delivery vehicles lies, and Russia, particularly against missile pheric kill vehicle programs; and within the limit of 800 deployed and non-de- threats from Iran; (E) meets Department of Defense criteria, ployed strategic launchers; (2) the United States should pursue bal- as established in the February 2010 Ballistic (2) maintain intercontinental ballistic mis- listic missile defense cooperation with Rus- Missile Defense Review, for affordability, re- siles on alert or operationally deployed sta- sia on both a bilateral basis and a multilat- liability, suitability, and operational effec- tus; and eral basis with its North Atlantic Treaty Or- tiveness to defend against limited attacks (3) preserve intercontinental ballistic mis- ganization allies, particularly through the from evolving and future threats from long- sile silos in operational or warm status. NATO-Russia Council; range missiles. SEC. 239. SENSE OF CONGRESS ON THE SUB- (3) missile defense cooperation with Russia (2) EVALUATION OF PAYLOADS.—The assess- MITTAL TO CONGRESS OF THE should not ‘‘in any way limit United States’ ment required by paragraph (1) shall include HOMELAND DEFENSE HEDGING POL- or NATO’s missile defense capabilities’’, as an evaluation of the potential benefits and ICY AND STRATEGY REPORT OF THE acknowledged in the December 18, 2010, let- drawbacks of options for both unitary and SECRETARY OF DEFENSE. ter from President Obama to the leadership multiple Exo-atmospheric Kill Vehicle pay- (a) FINDINGS.—Congress makes the fol- of the Senate, and should be mutually bene- loads. lowing findings: ficial and reciprocal in nature; (3) STANDARD MISSILE-3 BLOCK IIB INTER- (1) Section 233 of the National Defense Au- (4) the United States should not provide CEPTOR.—As part of the assessment required thorization Act for Fiscal Year 2012 (Public Russia with sensitive missile defense infor- by paragraph (1), the Director shall evaluate Law 112–81; 125 Stat. 1340) requires a home- mation that would in any way compromise whether there are potential options and op- land defense hedging policy and strategy re- United States national security, including portunities arising from the Standard Mis- port from the Secretary of Defense. ‘‘hit-to-kill’’ technology and interceptor te- sile-3 Block IIB interceptor development pro- (2) The report was required to be submitted lemetry; and gram for development of an exo-atmospheric not later than 75 days after the date of the (5) the United States should pursue missile kill vehicle, or kill vehicle technologies or enactment of the National Defense Author- defense cooperation with Russia in a manner components, that could be used for potential ization Act for Fiscal Year 2012, namely by that ensures that— upgrades to the Ground-Based Interceptor or March 16, 2012.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7477 (3) The Secretary of Defense has not yet Operational Test and Evaluation, submit to Combat Vehicle program, an assessment of submitted the report as required. the congressional defense committees a re- the sufficiency and objectivity of the fol- (4) In March 2012, General Charles Jacoby, port on the mine countermeasures warfare lowing documents: Jr., Commander of the United States North- (MCM), antisubmarine warfare (ASW), and (A) The analysis of alternatives. ern Command, the combatant command re- surface warfare (SUW) Mission Packages for (B) The initial capabilities document. sponsible for operation of the Ground-based the Littoral Combat Ship. (C) The capability development document. Midcourse Defense system to defend the (b) ELEMENTS.—The report required by sub- (4) INFORMATION IN SUBSEQUENT REPORTS.— homeland against ballistic missile threats, section (a) shall set forth the following: (A) CERTAIN INFORMATION REQUIRED ONLY testified before Congress that ‘‘I am con- (1) A plan for the Mission Packages dem- FOLLOWING SIGNIFICANT CHANGES.—A report fident in my ability to successfully defend onstrating that Preliminary Design Review under this subsection after the first report the homeland from the current set of limited for every capability increment precedes under paragraph (1) shall address the mat- long-range ballistic missile threats’’, and Milestone B or equivalent approval for that ters identified in subparagraphs (C), (D), and that ‘‘[a]gainst current threats from the increment. (E) of paragraph (2) only to the extent that Middle East, I am confident we are well pos- (2) A plan for demonstrating that the capa- the Comptroller General determines that tured’’. bility increment for each Mission Package, there have been significant changes to the (5) Phase 4 of the European Phased Adapt- combined with a Littoral Combat Ship, on applicable plans, strategies, or schedules ive Approach (EPAA) is intended to augment the basis of a Preliminary Design Review since the last report under this subsection the currently deployed homeland defense ca- and post-Preliminary Design Review assess- addressing such matters. pability of the Ground-based Midcourse De- ment, will achieve the capability specified (B) ADDITIONAL INFORMATION AFTER AP- fense system against a potential future Ira- for that increment. PROVAL OR CHANGE OF DOCUMENTS.—If any nian long-range missile threat by deploying (3) A plan for demonstrating the surviv- document specified in paragraph (3) is ap- an additional layer of forward-deployed ability and lethality of the Littoral Combat proved or changed after the first report interceptors in Europe in the 2020 timeframe. Ship with its Mission Packages sufficiently under paragraph (1), the Comptroller General (6) The Director of National Intelligence, early in the development phase of the system shall provide an assessment of the suffi- James Clapper, has testified to Congress to minimize costs of concurrency. ciency and objectivity of that document in that, although the intelligence community SEC. 252. COMPTROLLER GENERAL OF THE the report to the congressional defense com- does ‘‘not know if Iran will eventually decide UNITED STATES ANNUAL REPORTS mittees under paragraph (1) submitted im- to build nuclear weapons’’, it judges ‘‘that ON THE ACQUISITION PROGRAM mediately following such approval or FOR THE AMPHIBIOUS COMBAT VE- Iran would likely choose missile delivery as HICLE. change. its preferred method of delivering a nuclear (5) TERMINATION.—No report is required (a) ANNUAL GAO REVIEW.—The Comptroller weapon’’. He also testified that ‘‘Iran already General of the United States shall conduct under this subsection after the first report has the largest inventory of ballistic missiles on an annual basis a review of the acquisi- following the award of a contract for full in the Middle East, and it is expanding the tion program for the Amphibious Combat rate production of the Amphibious Combat scale, reach, and sophistication of its bal- Vehicle (ACV). Vehicle. listic missile forces, many of which are in- (b) ANNUAL REPORTS.— SEC. 253. CONDITIONAL REQUIREMENT FOR RE- herently capable of carrying a nuclear pay- (1) IN GENERAL.—Not later than March 1 of PORT ON AMPHIBIOUS ASSAULT VE- load’’. each year beginning in 2013, the Comptroller HICLES FOR THE MARINE CORPS. (7) The 2012 Annual Report to Congress on General shall submit to the congressional de- (a) IN GENERAL.—If the ongoing Marine the Military Power of Iran by the Depart- fense committees a report on the review of Corps ground combat vehicle fleet mix study ment of Defense states that, in addition to the acquisition program for the Amphibious recommends the acquisition of a separate increasing its missile inventories, ‘‘Iran has Combat Vehicle conducted under subsection Marine Personnel Carrier, the Secretary of boosted the lethality and effectiveness of its (a). the Navy and the Commandant of the Marine existing missile systems with accuracy im- (2) MATTERS TO BE INCLUDED.—Each report Corps shall jointly submit to the congres- provements and new submunitions pay- on the review of the acquisition program for sional defense committees a report that in- loads’’, and that it continues to develop mis- the Amphibious Combat Vehicle shall includes the following: siles that can strike Israel and Eastern Eu- clude, to the extent appropriate and feasible, (1) A detailed description of the capability rope. It also states that ‘‘Iran has launched the following: gaps that Marine Personnel Carriers are in- multistage space launch vehicles that could (A) An assessment of the extent to which tended to mitigate and the capabilities that serve as a testbed for developing long-range the program is meeting development and the Marine Personnel Carrier will be re- ballistic missiles technologies’’, and that procurement cost, schedule, performance, quired to have to mitigate such gaps, and an ‘‘[w]ith sufficient foreign assistance, Iran and risk mitigation goals. assessment whether, and to what extent, may be technically capable of flight-testing (B) With respect to meeting the desired Amphibious Combat Vehicles could mitigate an intercontinental ballistic missile by initial operational capability and full oper- such gaps. 2015’’. ational capability dates for the Amphibious (2) A detailed explanation of the role of the (8) Despite the failure of its April 2012 sat- Combat Vehicle, an assessment of the Marine Personnel Carriers in fulfilling the ellite launch attempt, North Korea warned progress and results of— forcible entry requirement for the two Ma- the United States in October 2012 that the (i) developmental and operational testing rine Expeditionary Brigades (MEBs) that United States mainland is within range of its of the vehicle; and make up the assault echelons of the three missiles. (ii) plans for correcting deficiencies in ve- Marine Expeditionary Brigade force required (9) The threat of limited ballistic missile hicle performance, operational effectiveness, to meet applicable war plans of the combat- attack against the United States homeland reliability, suitability, and safety. ant commands. from countries such as North Korea and Iran (C) An assessment of procurement plans, (3) A description of the fraction of the as- is increasing. production results, and efforts to improve sault echelon of the brigades referred to in (b) SENSE OF CONGRESS.—It is the sense of manufacturing efficiency and supplier per- paragraph (2) that would be comprised of Ma- the Congress that— formance in connection with the Amphibious rine Personnel Carriers. (1) the homeland defense hedging policy Combat Vehicle. (4) An assessment of the direct operational and strategy report required by section 233 of (D) An assessment of the acquisition strat- risk associated with using ship-to-shore con- the National Defense Authorization Act for egy for the Amphibious Combat Vehicle, in- nectors to deliver Marine Personnel Carriers Fiscal Year 2012 is necessary to inform Con- cluding whether the strategy complies with to shore in an amphibious assault. gress on options to protect the United States acquisition management best-practices and (5) An assessment of the indirect oper- homeland against the evolving ballistic mis- the acquisition policy and regulations of the ational risk associated with using ship-to- sile threat, including potential options prior Department of Defense. shore connectors to deliver Marine Personnel to the deployment of Phase 4 of the Euro- (E) A risk assessment of the integrated Carriers rather than tanks and artillery and pean Phased Adaptive Approach to missile master schedule and the test and evaluation other tactical vehicles. defense; and master plan of the Amphibious Combat Vehi- (6) A comparative estimate of the acquisi- (2) the Secretary of Defense should comply cle as it relates to— tion and life-cycle costs of a split fleet of with the requirements of section 233 of the (i) the probability of success; Amphibious Combat Vehicles and Marine National Defense Authorization Act for Fis- (ii) the funding required for the vehicle in Personnel Carriers with the acquisition and cal Year 2012 by submitting the homeland de- comparison with the funding programmed life-cycle costs of a pure fleet of Amphibious fense hedging policy and strategy report to for the vehicle; and Combat Vehicles. Congress. (iii) development and production con- (b) SUBMITTAL DATE.—If required, the re- Subtitle D—Reports currency. port under subsection (a) shall be submitted SEC. 251. MISSION PACKAGES FOR THE LITTORAL (3) ADDITIONAL INFORMATION IN FIRST RE- not later than the later of— COMBAT SHIP. PORT.—In submitting to the congressional (1) the date that is 60 days after the date of (a) REPORT REQUIRED.—Not later than defense committees the first report under the completion of the study referred to in March 1, 2013, the Secretary of the Navy paragraph (1), the Comptroller General shall subsection (a); or shall, in consultation with the Director of include, with respect to the Amphibious (2) February 1, 2013.

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Subtitle E—Other Matters the civilian populace, other government ‘‘(c) AVAILABILITY OF FUNDS; AGREEMENT SEC. 271. TRANSFER OF ADMINISTRATION OF agencies, and non-governmental organiza- UNDER OTHER LAWS.—(1) Cooperative agree- OCEAN RESEARCH AND RESOURCES tions are required; ments and interagency agreements entered ADVISORY PANEL FROM DEPART- (3) technological advances in areas such as into under this section shall be subject to MENT OF THE NAVY TO NATIONAL varying levels of autonomy for systems, the availability of funds. OCEANIC AND ATMOSPHERIC AD- multi-player gaming techniques, and artifi- ‘‘(2) Notwithstanding chapter 63 of title 31, MINISTRATION. cial intelligence could reduce the number of a cooperative agreement under this section (a) IN GENERAL.—Subsection (a) of section personnel required to support certain train- may be used to acquire property or services 7903 of title 10, United States Code, is amending exercises for members of the Armed for the direct benefit or use of the United ed— Forces, and thereby reduce the overall cost States Government.’’. (1) in the matter preceding paragraph (1)— of the exercises; and SEC. 313. REPORT ON PROPERTY DISPOSALS AND (A) by inserting ‘‘, through the Adminis- (4) the Secretary of Defense should develop ADDITIONAL AUTHORITIES TO AS- trator of the National Oceanic and Atmos- a plan to increase the use of emerging tech- SIST LOCAL COMMUNITIES AROUND pheric Administration,’’ after ‘‘The Coun- nologies in autonomous systems, the com- CLOSED MILITARY INSTALLATIONS. cil’’; mercial gaming sector, and artificial intel- (a) IN GENERAL.—Not later than 180 days (B) by inserting ‘‘and Resources’’ after ligence for training exercises for members of after the date of the enactment of this Act, ‘‘Ocean Research’’; the Armed Forces to increase training effec- the Secretary of Defense shall submit to the (C) by striking ‘‘Panel consisting’’ and in- tiveness and reduce costs. congressional defense committees a report serting ‘‘Panel. The Panel shall consist’’; and TITLE III—OPERATION AND on the disposition of any not yet completed (D) by striking ‘‘chairman’’ and inserting MAINTENANCE closure of an active duty military installa- ‘‘Administrator, on behalf of the Council’’; tion since 1988 in the United States that was Subtitle A—Authorization of Appropriations (2) in paragraph (1), by striking ‘‘National not subject to the property disposal provi- Academy of Science’’ and inserting ‘‘Na- SEC. 301. OPERATION AND MAINTENANCE FUND- sions contained in the Defense Base Closure ING. tional Academies of Science’’; and Realignment Act of 1990 (part A of title Funds are hereby authorized to be appro- (3) by striking paragraphs (2) and (3); and XXIX of Public Law 101–510; 10 U.S.C. 2687 priated for fiscal year 2013 for the use of the (4) by redesignating paragraphs (4) and (5) note). Armed Forces and other activities and agen- as paragraphs (2) and (3), respectively. (b) ELEMENTS.—The report required by sub- cies of the Department of Defense for ex- (b) RESPONSIBILITIES OF PANEL.—Sub- section (a) shall include the following: penses, not otherwise provided for, for oper- section (b) of such section is amended— (1) The status of property described in sub- ation and maintenance, as specified in the (1) by inserting ‘‘, through the Adminis- section (a) that is yet to be disposed of. funding table in section 4301. trator of the National Oceanic and Atmos- (2) An assessment of the environmental pheric Administration,’’ after ‘‘The Coun- Subtitle B—Energy and Environmental conditions of, and plans and costs for envi- cil’’; Provisions ronmental remediation for, each such prop- (2) by striking paragraph (2); SEC. 311. DEPARTMENT OF DEFENSE GUIDANCE erty. (3) by redesignating paragraphs (3) and (4) ON ENVIRONMENTAL EXPOSURES AT (3) The anticipated schedule for the com- as paragraphs (4) and (5), respectively; and MILITARY INSTALLATIONS. pletion of the disposal of each such property. (4) by inserting after paragraph (1) the fol- (a) GUIDANCE.—Not later than 180 days (4) An estimate of the costs, and a descrip- lowing new paragraphs (2) and (3): after the date of the enactment of this Act, tion of additional potential future financial ‘‘(2) To advise the Council on the deter- the Secretary of Defense shall issue to the liability or other impacts on the Department mination of scientific priorities and needs. appropriate military departments and other of Defense, if the authorities provided by ‘‘(3) To provide the Council strategic ad- defense agencies written guidance on envi- Congress for military installations closed vice regarding national ocean program exe- ronmental exposures at military installa- under defense base closure and realignment cution and collaboration.’’. tions. The guidance shall— (BRAC) are extended to military installa- (c) FUNDING TO SUPPORT ACTIVITIES OF (1) set forth criteria for when and under tions closed outside the defense base closure PANEL.—Subsection (c) of such section is what circumstances public health assess- and realignment process and for which prop- amended by striking ‘‘Secretary of the ments by the Agency for Toxic Substances erty has yet to be disposed. Navy’’ and inserting ‘‘Secretary of Com- and Disease Registry shall be requested in (5) Such recommendations as the Secretary merce’’. connection with environmental contamina- considers appropriate for additional authori- (d) CONFORMING AMENDMENT.—Section tion at military installations, including past ties to assist the Department in expediting 7902(e)(1) of such title is amended by striking incidents of environmental contamination; the disposal of property at closed military ‘‘Ocean Research Advisory Panel’’ and in- (2) establish procedures for tracking and installations in order to facilitate economic serting ‘‘Ocean Research and Resources Ad- documenting the status and nature of re- redevelopment for local communities. sponses to the findings and recommendations visory Panel’’. (c) MILITARY INSTALLATION DEFINED.—In (e) CLERICAL AMENDMENTS.— of the public health assessments of the Agen- this section, the term ‘‘military installa- (1) HEADING AMENDMENT.—The heading of cy of Toxic Substances and Disease Registry tion’’ means a base, camp, post, station, section 7903 of such title is amended to read that involve contamination at military in- yard, center, homeport facility for any ship, as follows: stallations; and or other activity under the jurisdiction of (3) prescribe appropriate actions with re- ‘‘§ 7903. Ocean Research and Resources Advi- the Department of Defense, which is located spect to the identification of military and ci- sory Panel’’. within any of the several States, the District vilian individuals who may have been ex- of Columbia, the Commonwealth of Puerto (2) TABLE OF SECTIONS.—The table of sec- posed to contamination while living or work- tions at the beginning of chapter 665 of such Rico, American Samoa, the Virgin Islands, ing on military installations. the Commonwealth of the Northern Mariana title is amended by striking the item relat- (b) REPORT.—Not later than 30 days after Islands, or Guam. ing to section 7903 and inserting the fol- issuing the guidance required under sub- lowing new item: section (a), the Secretary of Defense shall Subtitle C—Logistics and Sustainment ‘‘7903. Ocean Research and Resources Advi- transmit a copy of the guidance to the con- SEC. 321. REPEAL OF CERTAIN PROVISIONS RE- sory Panel.’’. gressional defense committees. LATING TO DEPOT-LEVEL MAINTE- (f) REFERENCES.—Any reference to the SEC. 312. FUNDING OF AGREEMENTS UNDER THE NANCE. Ocean Research Advisory Panel in any law, SIKES ACT. (a) REPEAL.— regulation, map, document, record, or other Section 103a of the Sikes Act (16 U.S.C. (1) Section 2460 of title 10, United States paper of the United States shall be deemed 670c–1) is amended— Code (as amended by section 321 of the Na- to be a reference to the Ocean Research and (1) in subsection (b)— tional Defense Authorization Act for Fiscal Resources Advisory Panel. (A) by inserting ‘‘(1)’’ before ‘‘Funds’’; and Year 2012 (Public Law 112–81)), is repealed. SEC. 272. SENSE OF SENATE ON INCREASING THE (B) by adding at the end the following new (2) Section 2464 of title 10, United States COST-EFFECTIVENESS OF TRAINING paragraph: Code (as amended by section 327 of the Na- EXERCISES FOR MEMBERS OF THE ‘‘(2) In the case of a cooperative agreement tional Defense Authorization Act for Fiscal ARMED FORCES. under subsection (a)(2), such funds— Year 2012), is repealed. It is the sense of the Senate that— ‘‘(A) may be paid in a lump sum and in- (b) REVIVAL OF SUPERSEDED PROVISIONS.— (1) modeling and simulation will continue clude an amount intended to cover the fu- (1) The provisions of section 2460 of title 10, to play a critical role in the training of the ture costs of the natural resource mainte- United States Code, as in effect on December members of the Armed Forces; nance and improvement activities provided 30, 2011 (the day before the date of the enact- (2) while increased modeling and simula- for under the agreement; and ment of the National Defense Authorization tion has reduced overall costs of training of ‘‘(B) may be placed by the recipient in an Act for Fiscal Year 2012), are hereby revived. members of the Armed Forces, there are still interest-bearing account, and any interest (2)(A) The provisions of section 2464 of 10, significant costs associated with the human shall be applied for the same purposes as the United States Code, as in effect on that date, resources required to execute certain train- principal.’’; and are hereby revived. ing exercises where role-playing actors for (2) by amending subsection (c) to read as (B) The table of sections at the beginning certain characters such as opposing forces, follows: of chapter 146 of such title is amended by

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7479 striking the item relating to section 2464 and the Technical Corrosion Collaboration pilot any exemption granted by the Secretary inserting the following new item: program, and other corrosion-related activi- under subsection (b)(3) in the period of time ‘‘2464. Core logistics capabilities.’’. ties.’’; covered by the report. (c) CONFORMING AMENDMENTS.— (2) by striking paragraph (2); and (d) LIMITATION ON TRANSFERS OF FUNC- (1) Section 2366a of title 10, United States (3) by redesignating paragraph (3) as para- TIONS.—The Secretary shall ensure that the Code, is amended by striking ‘‘core depot- graph (2). savings required by this section are not level maintenance and repair capabilities’’ SEC. 332. MODIFIED DEADLINE FOR COMP- achieved through unjustified transfers of each place it appears and inserting ‘‘core lo- TROLLER GENERAL REVIEW OF AN- functions between or among the military, ci- gistics capabilities’’. NUAL REPORT ON PREPOSITIONED vilian, and service contractor workforces of (2) Section 2366b(A)(3)(F) of title 10, United MATERIEL AND EQUIPMENT. the Department of Defense. Section 2229a(b) of title 10, United States States Code, is amended by striking ‘‘core (e) SENSE OF CONGRESS.—It is the sense of Code, is amended by striking ‘‘By not later depot-level maintenance and repair capabili- Congress that an amount equal to 30 percent than 120 days after the date on which a re- ties, as well as the associated logistics capa- of the amount of the reductions in appro- port is submitted under subsection (a), the bilities’’ and inserting ‘‘core logistics capa- priated funds attributable to reduced budg- Comptroller General shall review the report’’ bilities’’. ets for the civilian and service contractor and inserting ‘‘The Comptroller General (3) Section 801(c) of the National Defense workforces of the Department by reason of shall review the report submitted under sub- the plan required by subsection (a) should be Authorization Act for Fiscal Year 2012 (125 section (a)’’. Stat. 1483; 10 U.S.C. 2366a note) is amended made available for costs of assisting military by striking ‘‘core depot-level maintenance Subtitle E—Other Matters personnel separated from the Armed Forces and repair capabilities, as well as the associ- SEC. 341. SAVINGS TO BE ACHIEVED IN CIVILIAN in the transition from military service. ated logistics capabilities’’ and inserting WORKFORCE AND CONTRACTOR EM- (f) SERVICE CONTRACTOR WORKFORCE DE- ‘‘core logistics capabilities’’. PLOYEE WORKFORCE OF THE DE- FINED.—In this section, the term ‘‘service PARTMENT OF DEFENSE. (d) EFFECTIVE DATE.—This section and the contractor workforce’’ means contractor em- (a) REQUIRED SAVINGS.—Commencing not ployees performing contract services, as de- amendments made by this section shall take later than 90 days after the date of the enact- effect on December 31, 2011, the date of the fined in section 2330(c)(2) of title 10, United ment of this Act, the Secretary of Defense States Code, other than contract services enactment of the National Defense Author- shall begin the implementation of an effi- ization Act for Fiscal Year 2012, immediately that are funded out of amounts available for ciencies plan for the civilian workforce and overseas contingency operations. after the enactment of that Act. the service contractor workforce of the De- SEC. 322. EXPANSION AND REAUTHORIZATION OF SEC. 342. NATO SPECIAL OPERATIONS HEAD- partment of Defense which shall achieve sav- QUARTERS. MULTI-TRADES DEMONSTRATION ings in the funding for each such workforce PROJECT. (a) IN GENERAL.—Chapter 138 of title 10, over the period from fiscal year 2012 through (a) EXPANSION.—Section 338 of the National United States Code, is amended by adding at fiscal year 2017 that are not less, as a per- Defense Authorization Act for Fiscal Year the end the following new section: centage of such funding, than the savings in 2004 (10 U.S.C. 5013 note) is amended— funding for military personnel achieved by ‘‘§ 2350n. NATO Special Operations Head- (1) by striking subsection (a) and inserting the planned reduction in military end quarters the following new subsection: strengths over the same period of time. ‘‘(a) AUTHORIZATION.—Of the amounts au- ‘‘(a) DEMONSTRATION PROJECT AUTHOR- (b) EXCLUSIONS.—The funding reduction re- thorized to be appropriated for fiscal year IZED.—In accordance with section 4703 of quired by subsection (a) shall not include 2013 and for subsequent fiscal years for the title 5, United States Code, the Secretary of funding for the following: Department of Defense for operation and a military department may carry out a dem- (1) Civilian personnel expenses for per- maintenance, up to $50,000,000 may be used onstration project at facilities described in sonnel as follows: for a fiscal year for the purposes set forth in subsection (b) under which workers who are (A) Personnel in Mission Critical Occupa- subsection (b) for support of operations of certified at the journey level as able to per- tions, as defined by the Civilian Human Cap- the North Atlantic Treaty Organization form multiple trades shall be promoted by ital Strategic Plan of the Department of De- (NATO) Special Operations Headquarters. one grade level.’’; and fense and the Acquisition Workforce Plan of ‘‘(b) PURPOSES.—The Secretary of Defense (2) in subsection (b), by striking ‘‘Logistics the Department of Defense. may provide funds for the NATO Special Op- Center, Navy Fleet Readiness Center,’’ and (B) Personnel employed at facilities pro- erations Headquarters— inserting ‘‘Logistics Complex, Navy Fleet viding core logistics capabilities pursuant to ‘‘(1) to improve coordination and coopera- Readiness Center, Navy shipyard, Marine section 2464 of title 10, United States Code. tion between the special operations forces of Corps Logistics Base,’’. (C) Personnel in the Offices of the Inspec- NATO member countries; (b) REAUTHORIZATION.—Such section is fur- tors General of the Department of Defense. ‘‘(2) to facilitate joint operations by spe- ther amended— (2) Service contractor expenses for per- cial operations forces of NATO member (1) in subsection (d), by striking ‘‘2013’’ and sonnel as follows: countries; inserting ‘‘2018’’; and (A) Personnel performing maintenance and ‘‘(3) to support command, control, and (2) in subsection (e), by striking ‘‘2014’’ and repair of military equipment. communications capabilities peculiar to spe- inserting ‘‘2019’’. (B) Personnel providing medical services. cial operations forces of NATO member SEC. 323. RATING CHAINS FOR SYSTEM PROGRAM (C) Personnel performing financial audit countries; MANAGERS. services. ‘‘(4) to promote special operations forces The Secretary of the Air Force, in man- (3) Personnel expenses for personnel in the intelligence and informational requirements aging system program management respon- civilian personnel or service contractor within the NATO structure; and sibilities for sustainment programs not as- workforce performing such other critical ‘‘(5) to promote interoperability through signed to a program executive officer or a di- functions as may be identified by the Sec- the development of common equipment rect reporting program manager, shall com- retary as requiring exemption in the interest standards, tactics, techniques, and proce- ply with the Department of Defense Instruc- of the national defense. dures, and through execution of multi- tions regarding assignment of program re- (c) REPORTS.— national education and training programs. sponsibility. (1) INITIAL REPORT.—Not later than 120 ‘‘(c) ANNUAL REPORT.—Not later than April Subtitle D—Reports days after the date of the enactment of this 1 of each year, the Secretary of Defense shall SEC. 331. ANNUAL REPORT ON DEPARTMENT OF Act, the Secretary shall submit to the con- submit to the congressional defense commit- DEFENSE LONG-TERM CORROSION gressional defense committees a report in- tees a report regarding Department of De- STRATEGY. cluding a comprehensive description of the fense support for the NATO Special Oper- Section 2228(e) of title 10, United States plan required by subsection (a). ations Headquarters. Each report shall in- Code, is amended— (2) STATUS REPORTS.—Not later than 60 clude the following: (1) in paragraph (1)— days after the end of each fiscal year from ‘‘(1) The total amount of funding provided (A) in subparagraph (B), by inserting ‘‘, in- fiscal year 2013 through fiscal year 2017, the to the NATO Special Operations Head- cluding available validated data on return on Secretary shall submit to the congressional quarters. investment for completed corrosion projects defense committees a report describing the ‘‘(2) A summary of the activities funded and activities’’ after ‘‘the strategy’’; implementation of the plan during the prior with such support. (B) in subparagraph (E), by striking ‘‘For fiscal year. Each such report shall include a ‘‘(3) Other contributions, financial or in the fiscal year covered by the report and the direct comparison of the savings achieved kind, provided in support of the NATO Spe- preceding fiscal year’’ and inserting ‘‘For the under the plan to the savings achieved in the cial Operations Headquarters by other NATO preceding fiscal year covered by the report’’; same fiscal year through reductions in mili- member countries.’’. and tary end strengths. In any case in which sav- (b) CLERICAL AMENDMENT.—The table of (C) by inserting at the end the following ings fall short of the annual target, the re- sections at the beginning of such chapter is new subparagraph: port shall include an explanation of the rea- amended by inserting after the item relating ‘‘(F) For the preceding fiscal year covered sons for such shortfall. to section 2350m the following new item: by the report, a breakdown of the amount of (3) EXEMPTIONS.—Each report under para- ‘‘2350n. NATO Special Operations Head- funds used for military corrosion projects, graphs (1) and (2) shall specifically identify quarters.’’.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0655 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7480 CONGRESSIONAL RECORD — SENATE December 5, 2012 SEC. 343. REPEAL OF REDUNDANT AUTHORITY ments, under the amounts requested for such Program for any fiscal year in which such TO ENSURE INTEROPERABILITY OF fiscal year for each of procurement, oper- modification is in effect. LAW ENFORCEMENT AND EMER- ation and maintenance, and military per- GENCY RESPONDER TRAINING. Subtitle B—Reserve Forces sonnel to fully fund each of the following: SEC. 411. END STRENGTHS FOR SELECTED RE- Section 372 of title 10, United States Code, (A) The Marine Corps. is amended— SERVE. (B) The Marine Corps Security Guard Pro- (a) IN GENERAL.—The Armed Forces are au- (1) by striking ‘‘(a) IN GENERAL.—’’; and gram, including for the additional personnel (2) by striking subsection (b). thorized strengths for Selected Reserve per- under the Marine Corps Security Guard Pro- sonnel of the reserve components as of Sep- SEC. 344. SENSE OF THE CONGRESS ON NAVY gram as result of the plan required by sub- tember 30, 2013, as follows: FLEET REQUIREMENTS. section (a). (1) The Army National Guard of the United It is the sense of Congress that— (2) PRESERVATION OF FUNDING FOR USMC States, 358,200. (1) The Secretary of the Navy, in sup- UNDER NATIONAL MILITARY STRATEGY.—In de- (2) The Army Reserve, 205,000. porting the operational requirements of the termining the amounts to be requested for a (3) The Navy Reserve, 62,500. combatant commands, should maintain in fiscal year for the Marine Corps Security (4) The Marine Corps Reserve, 39,600. the operational capability of and perform the Guard Program and for additional personnel (5) The Air National Guard of the United necessary maintenance on each cruiser and under the Marine Corps Security Guard Pro- States, 106,435. dock landing ship belonging to the Navy; gram under paragraph (1), the President (6) The Air Force Reserve, 72,428. (2) for retirements of ships owned by the shall ensure that amounts requested for the (7) The Coast Guard Reserve, 9,000. Navy prior to their projected end of service Marine Corps for that fiscal year do not de- (b) END STRENGTH REDUCTIONS.—The end life, the Chief of Naval Operations must ex- grade the readiness of the Marine Corps to strengths prescribed by subsection (a) for the plain to the Congressional Defense Commit- fulfill the requirements of the National Mili- Selected Reserve of any reserve component tees how the retention of each ship would de- tary Strategy. shall be proportionately reduced by— grade the overall readiness of the fleet and (d) REPORTS.— (1) the total authorized strength of units endanger United States National Security (1) REPORTS ON PROGRAM.—Not later than organized to serve as units of the Selected and the objectives of the combatant com- October 1, 2014, and annually thereafter Reserve of such component which are on ac- manders; and through October 1, 2017, the Secretary of De- tive duty (other than for training) at the end fense shall, in coordination with the Sec- (3) revitalizing the Navy’s 30-year ship- of the fiscal year; and retary of State, submit to Congress a report building plan should be a national priority, (2) the total number of individual members on the Marine Corps Security Guard Pro- and a commensurate amount of increased not in units organized to serve as units of gram. Each report shall include the fol- funding should be provided to the Navy in the Selected Reserve of such component who lowing: the Future Years Defense Program to help are on active duty (other than for training or (A) A description of the expanded security close the gap between requirements and the for unsatisfactory participation in training) support provided by Marine Corps Security current size of the fleet. without their consent at the end of the fiscal Guards to the Department of State during TITLE IV—MILITARY PERSONNEL year. the fiscal year ending on the date of such re- AUTHORIZATIONS (c) END STRENGTH INCREASES.—Whenever port, including— Subtitle A—Active Forces units or individual members of the Selected (i) any increased internal security provided Reserve of any reserve component are re- SEC. 401. END STRENGTHS FOR ACTIVE FORCES. at United States embassies and consulates leased from active duty during any fiscal The Armed Forces are authorized throughout the world; year, the end strength prescribed for such strengths for active duty personnel as of (ii) any increased support for emergency fiscal year for the Selected Reserve of such September 30, 2013, as follows: action planning, training, and advising of reserve component shall be increased propor- (1) The Army, 552,100. host nation security forces; and tionately by the total authorized strengths (2) The Navy, 322,700. (iii) any expansion of intelligence collec- of such units and by the total number of (3) The Marine Corps, 197,300. tion activities. such individual members. (4) The Air Force, 329,597. (B) A description of the current status of Marine Corps personnel assigned to the Pro- SEC. 412. END STRENGTHS FOR RESERVES ON AC- SEC. 402. ADDITIONAL MARINE CORPS PER- TIVE DUTY IN SUPPORT OF THE RE- SONNEL FOR THE MARINE CORPS gram as a result of the plan required by sub- SERVES. SECURITY GUARD PROGRAM. section (a). Within the end strengths prescribed in sec- (a) ADDITIONAL PERSONNEL.— (C) A description of the Department of De- tion 411(a), the reserve components of the (1) IN GENERAL.—The Secretary of Defense fense resources required in the fiscal year Armed Forces are authorized, as of Sep- shall develop and implement a plan which ending on the date of such report to support tember 30, 2013, the following number of Re- shall increase the number of Marine Corps the Marine Corps Security Guard program, serves to be serving on full-time active duty personnel assigned to the Marine Corps Em- including total end strength and key sup- or full-time duty, in the case of members of bassy Security Group at Quantico, Virginia, porting programs that enable both its cur- the National Guard, for the purpose of orga- and Marine Security Group Regional Com- rent and expanded mission during such fiscal nizing, administering, recruiting, instruct- mands and Marine Security Group detach- year. ing, or training the reserve components: ments at United States missions around the (D) A reassessment of the mission of the (1) The Army National Guard of the United world by up to 1,000 Marines during fiscal Program, as well as procedural rules of en- States, 32,060. years 2014 through 2017. gagement under the Program, in light of cur- (2) The Army Reserve, 16,277. (2) PURPOSE.—The purpose of the increase rent and emerging threats to United States (3) The Navy Reserve, 10,114. under paragraph (1) shall be to provide the diplomatic personnel, and a description and (4) The Marine Corps Reserve, 2,261. end strength and resources necessary to sup- assessment of options to improve the Pro- (5) The Air National Guard of the United port an increase in Marine Corps security at gram to respond to such threats. States, 14,871. United States consulates and embassies (E) An assessment of the feasibility and ad- (6) The Air Force Reserve, 2,888. throughout the world, and in particular at visability of authorizing, funding, and ad- SEC. 413. END STRENGTHS FOR MILITARY TECH- locations identified by the Secretary of ministering the Program as a separate pro- NICIANS (DUAL STATUS). State as in need of increased security in gram within the Marine Corps, and if such The minimum number of military techni- light of threats to United States personnel actions are determined to be feasible and ad- cians (dual status) as of the last day of fiscal and property by terrorists. visable, recommendations for legislative and year 2013 for the reserve components of the (b) CONSULTATION.—The Secretary of De- administrative actions to provide for author- Army and the Air Force (notwithstanding fense shall develop and implement the plan izing, funding, and administering the Pro- section 129 of title 10, United States Code) required by subsection (a) in consultation gram as a separate program within the Ma- shall be the following: with the Secretary of State pursuant to the rine Corps. (1) For the Army Reserve, 8,445. responsibility of the Secretary of State for (2) REPORT ON CHANGES IN SCOPE OF PRO- (2) For the Army National Guard of the diplomatic security under section 103 of the GRAM IN RESPONSE TO CHANGING THREATS.—If United States, 28,380. Diplomatic Security Act (22 U.S.C. 4802), and the President determines that a modifica- (3) For the Air Force Reserve, 10,716. in accordance with any current memo- tion (whether an increase or a decrease) in (4) For the Air National Guard of the randum of understanding between the De- the scope of the Marine Corps Security United States, 22,313. partment of State and the Marine Corps on Guard Program is necessary or advisable in SEC. 414. FISCAL YEAR 2013 LIMITATION ON NUM- the operational and administrative super- light of any change in the nature of threats BER OF NON-DUAL STATUS TECHNI- vision of the Marine Corps Security Guard to United States embassies, consulates and CIANS. Program. other diplomatic facilities abroad, the Presi- (a) LIMITATIONS.— (c) FUNDING.— dent shall— (1) NATIONAL GUARD.—Within the limita- (1) BUDGET REQUESTS.—The budget of the (A) notify Congress of such modification tion provided in section 10217(c)(2) of title 10, President for each fiscal year after fiscal and the change in the nature of threats United States Code, the number of non-dual year 2013, as submitted to Congress pursuant prompting such modification; and status technicians employed by the National to section 1105(a) of title 31, United States (B) take such modification into account in Guard as of September 30, 2013, may not ex- Code, shall set forth as separate line ele- requesting an end strength and funds for the ceed the following:

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(A) For the Army National Guard of the SEC. 503. MODIFICATION OF DEFINITION OF ‘‘(d) COMMUNITY TRAINING ASSISTANCE.— United States, 1,600. JOINT DUTY ASSIGNMENT TO IN- The program shall include the provision of (B) For the Air National Guard of the CLUDE ALL INSTRUCTOR ASSIGN- assistance with such training to the local United States, 350. MENTS FOR JOINT TRAINING AND communities of those servicemembers and EDUCATION. families, to be provided in coordination with (2) ARMY RESERVE.—The number of non- Section 668(b)(1)(B) of title 10, United local community programs. dual status technicians employed by the States Code, is amended by striking ‘‘assign- Army Reserve as of September 30, 2013, may ‘‘(e) COLLABORATION.—In carrying out the ments for joint’’ and all that follows through program, the Secretary shall collect and not exceed 595. ‘‘Phase II’’ and inserting ‘‘student assign- IR FORCE RESERVE.—The number of analyze ‘lessons learned’ and suggestions (3) A ments for joint training and education’’. non-dual status technicians employed by the from State National Guard and Reserve or- Air Force Reserve as of September 30, 2013, SEC. 504. SENSE OF SENATE ON INCLUSION OF ganizations with existing or developing sui- ASSIGNMENTS AS ACADEMIC IN- may not exceed 90. cide prevention and community response STRUCTOR AT THE MILITARY SERV- programs. ICE ACADEMIES AS JOINT DUTY AS- (b) NON-DUAL STATUS TECHNICIANS DE- ‘‘(f) TERMINATION.—The program under this FINED.—In this section, the term ‘‘non-dual SIGNMENTS. section shall terminate on October 1, 2015.’’. It is the sense of the Senate that the Sec- status technician’’ has the meaning given (2) CLERICAL AMENDMENT.—The table of that term in section 10217(a) of title 10, retary of Defense should include assignments sections at the beginning of chapter 1007 of United States Code. in which military officers are assigned as in- such title is amended by adding at the end structors responsible for preparing and pre- the following new item: SEC. 415. MAXIMUM NUMBER OF RESERVE PER- senting academic courses on the faculty of SONNEL AUTHORIZED TO BE ON AC- ‘‘10219. Suicide prevention and resilience pro- the United States Military Academy, the TIVE DUTY FOR OPERATIONAL SUP- gram.’’. United States Naval Academy, or the United PORT. (b) REPEAL OF SUPERSEDED PROVISION.— States Air Force Academy as joint duty as- During fiscal year 2013, the maximum num- Subsection (i) of section 582 of the National signments. ber of members of the reserve components of Defense Authorization Act for Fiscal Year the Armed Forces who may be serving at any Subtitle B—Reserve Component Management 2008 (10 U.S.C. 10101 note) is repealed. time on full-time operational support duty SEC. 511. AUTHORITY FOR APPOINTMENT OF SEC. 513. REPORT ON MECHANISMS TO EASE THE under section 115(b) of title 10, United States PERSONS WHO ARE LAWFUL PERMA- REINTEGRATION INTO CIVILIAN Code, is the following: NENT RESIDENTS AS OFFICERS OF LIFE OF MEMBERS OF THE NA- THE NATIONAL GUARD. TIONAL GUARD AND THE RESERVES (1) The Army National Guard of the United FOLLOWING A DEPLOYMENT ON AC- States, 17,000. Section 313(b)(1) of title 32, United States Code, is amended by inserting ‘‘or an alien TIVE DUTY. (2) The Army Reserve, 13,000. (a) STUDY REQUIRED.—The Secretary of De- (3) The Navy Reserve, 6,200. lawfully admitted for permanent residence (as that term is defined in section 101(a)(20) fense shall conduct a study of the adequacy (4) The Marine Corps Reserve, 3,000. of mechanisms for the reintegration into ci- (5) The Air National Guard of the United of the Immigration and Nationality Act (8 U.S.C.1101(a)(20))’’ before the semicolon. vilian life of members of the National Guard States, 16,000. and the Reserves following a deployment on (6) The Air Force Reserve, 14,000. SEC. 512. RESERVE COMPONENT SUICIDE PRE- active duty in the Armed Forces, including VENTION AND RESILIENCE PRO- whether permitting such members to remain Subtitle C—Authorization of Appropriations GRAM. on active duty for a limited period after such (a) CODIFICATION, TRANSFER OF RESPONSI- SEC. 421. MILITARY PERSONNEL. deployment (often referred to as a ‘‘soft BILITY, AND EXTENSION.— landing’’) is feasible and advisable for facili- (a) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Chapter 1007 of title 10, tating and easing that reintegration. Funds are hereby authorized to be appro- United States Code, is amended by adding at (b) ELEMENTS.— priated for fiscal year 2013 for the use of the the end the following new section: (1) IN GENERAL.—The study required by Armed Forces and other activities and agen- ‘‘§ 10219. Suicide prevention and resilience cies of the Department of Defense for ex- subsection (a) shall address the unique chal- program lenges members of the National Guard and penses, not otherwise provided for, for mili- ‘‘(a) PROGRAM REQUIREMENT.—The Sec- the Reserves face when reintegrating into ci- tary personnel, as specified in the funding retary of Defense shall carry out a program vilian life following a deployment on active table in section 4401. to provide members of the National Guard duty in the Armed Forces and the adequacy (b) CONSTRUCTION OF AUTHORIZATION.—The and Reserves and their families with train- of the policies, programs, and activities of authorization of appropriations in subsection ing in suicide prevention, resilience, and the Department of Defense to assist such (a) supersedes any other authorization of ap- community healing and response to suicide. members in meeting such challenges. propriations (definite or indefinite) for such ‘‘(b) SUICIDE PREVENTION TRAINING.—Under (2) PARTICULAR ELEMENTS.—The study shall purpose for fiscal year 2013. the program, the Secretary shall provide take into consideration the following: TITLE V—MILITARY PERSONNEL POLICY members of the National Guard and Reserves (A) Disparities in reintegration after de- with training in suicide prevention. Such ployment between members of the regular Subtitle A—Officer Policy training may include— components of the Armed Forces and mem- SEC. 501. EXTENSION OF RELAXATION OF LIMITA- ‘‘(1) describing the warning signs for sui- bers of the reserve components of the Armed TION ON SELECTIVE EARLY DIS- cide and teaching effective strategies for pre- Forces, including— CHARGES. vention and intervention; (i) disparities in access to services, includ- Section 638a(d)(2) of title 10 United States ‘‘(2) examining the influence of military ing, but not limited to, health care, mental Code, is amended in subparagraphs (A) and culture on risk and protective factors for health counseling, job counseling, and fam- (B) by striking ‘‘except that during the pe- suicide; and ily counseling; riod beginning on October 1, 2006, and ending ‘‘(3) engaging in interactive case scenarios (ii) disparities in amounts of compensated on December 31, 2012,’’ and inserting ‘‘except and role plays to practice effective interven- time provided to take care of personal af- that through December 31, 2018,’’. tion strategies. fairs; ‘‘(c) COMMUNITY RESPONSE TRAINING.— (iii) disparities in amounts of time re- SEC. 502. EXCEPTION TO 30-YEAR RETIREMENT Under the program, the Secretary shall pro- quired to properly access services and to FOR REGULAR NAVY WARRANT OF- vide the families and communities of mem- take care of personal affairs, including trav- FICERS IN THE GRADE OF CHIEF WARRANT OFFICER, W–5. bers of the National Guard and Reserves with el time; and training in responses to suicide that promote (iv) disparities in costs of uncompensated (a) EXCEPTION TO STATUTORY 30-YEAR RE- individual and community healing. Such events or requirements, including, but not TIREMENT.—Paragraph (1) of section 1305(a) training may include— limited to, travel costs and legal fees. of title 10, United States Code, is amended— ‘‘(1) enhancing collaboration among com- (B) Disparities in reintegration policies (1) by inserting ‘‘or a regular Navy warrant munity members and local service providers and practices among the various Armed officer in the grade of chief warrant officer, to create an integrated, coordinated commu- Forces and between the regular and reserve W–5, exempted under paragraph (3)’’ after nity response to suicide; components of the Armed Forces. ‘‘Army warrant officer’’; and ‘‘(2) communicating best practices for pre- (C) Disparities in the lengths of time of de- (2) by striking ‘‘he’’ and inserting ‘‘the of- venting suicide, including safe messaging, ployment between the regular and reserve ficer’’. appropriate memorial services, and media components of the Armed Forces. (b) MODIFICATION OF STATUTORY RETIRE- guidelines; (D) Applicable medical studies on re- MENT FROM 30 TO 33 YEARS.—Such section is ‘‘(3) addressing the impact of suicide on the integration, including studies on the rest further amended by adding at the end the military and the larger community, and the and recuperation needed to appropriately re- following new paragraph: increased risk that can result; and cover from combat and training stress. ‘‘(3) In the case of a regular Navy warrant ‘‘(4) managing resources to assist key com- (E) Other applicable studies on reintegra- officer in the grade of chief warrant officer, munity and military service providers in tion policies and practices, including the rec- W–5, the officer shall be retired 60 days after helping the families, friends, and fellow ommendations made by such studies. the date on which the officer completes 33 servicemembers of a suicide victim through (F) Appropriate recommendations for the years of total active service.’’. the processes of grieving and healing. elements of a program to assist members of

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ICAL EXAMINATIONS FOR POST- TRAUMATIC STRESS DISORDER. program applies uniformly across the Armed (2) The number of members of the Armed Section 1177(a) of title 10, United States Forces and between the regular components Forces, including reserve components, listed Code, is amended— and reserve components of the Armed by sex and race or ethnicity for each grade (1) in paragraph (1), by striking ‘‘or psy- Forces. under each military department. chiatrist’’ and inserting ‘‘psychiatrist, li- (c) REPORT.—Not later than 180 days after (3) The number of members of the Armed censed clinical social worker, or psychiatric the date of the enactment of this Act, the Forces, including reserve components, who nurse practitioner’’; and Secretary shall submit to the congressional were promoted during the years covered by (2) in paragraph (3), by striking ‘‘or psy- defense committees a report on the study re- the report, listed by sex and race or eth- chiatrist’’ and inserting ‘‘, psychiatrist, li- quired by subsection (a). The report shall set nicity for each grade under each military de- censed clinical social worker, or psychiatric forth the results of the study, including the partment. nurse practitioner’’. matters specified in subsection (b), and in- (4) The number of members of the Armed clude such comments and recommendation SEC. 524. QUARTERLY REPORTS ON INVOLUN- Forces, including reserve components, who TARY SEPARATION OF MEMBERS OF in light of the study as the Secretary con- reenlisted or otherwise extended the com- THE ARMED FORCES. siders appropriate. mitment to military service during the years (a) QUARTERLY REPORTS REQUIRED.—Not Subtitle C—General Service Authorities covered by the report, listed by sex and race later than 30 days after the end of each cal- SEC. 521. DIVERSITY IN THE ARMED FORCES AND or ethnicity for each grade under each mili- endar year quarter in 2013 and 2014, each Sec- RELATED REPORTING REQUIRE- tary department. retary of a military department shall submit MENTS. (5) The available pool of qualified can- to the Committees on Armed Services of the (a) PLAN TO ACHIEVE DIVERSITY IN THE didates for the general officer grades of gen- Senate and the House of Representatives a ARMED FORCES.—The Secretary of Defense eral and lieutenant general and the flag offi- report on the number of members of the reg- shall develop and implement a plan to accu- cer grades of admiral and vice admiral. ular components of the Armed Forces under rately measure the efforts of the Department the jurisdiction of such Secretary who were of Defense to achieve the goal of having a dy- (f) APPLICABILITY TO COAST GUARD.—The Secretary of Homeland Security shall apply involuntarily separated from active duty in namic and sustainable 20–30 year pipeline the Armed Forces during such calendar year that yields a diverse officer and enlisted the provisions of this section (other than subsection (d)) to the Coast Guard when it is quarter. corps for the Armed Forces that reflects the (b) ELEMENTS.—Each report on an Armed not operating as a service in the Navy in population of the United States eligible to Force for a calendar year quarter under sub- serve in the Armed Forces across all the order to achieve diversity in the Coast Guard section (a) shall set forth the following: Armed Forces, and all grades of each Armed in the same manner, under the same sched- (1) The total number members involun- Force, that is able to prevail in its wars, pre- ule, and subject to the same conditions as di- tarily separated. vent and deter conflicts, defeat adversaries versity is achieved in the other Armed (2) The number of members separated set and succeed in a wide-range of contingencies, Forces under this section. The Secretary forth by grade. and preserve and enhance the all volunteer shall submit to the congressional defense (3) The number of members separated set force. Any metric established pursuant to committees the reports required by sub- forth by total years of service in the Armed this subsection may not be used in a manner section (e) with respect to the implementa- Forces at the time of separation. that undermines the merit-based processes of tion of the provisions of this section regard- (4) The number of members separated set the Department of Defense, including such ing the Coast Guard when it is not operating forth by military occupational specialty or processes for accession, retention, and pro- as a service in the Navy. rating, or competitive category for officers. motion. Such metrics may not be combined SEC. 522. MODIFICATION OF AUTHORITY TO CON- (5) The number of members separated who with the identification of specific quotas DUCT PROGRAMS ON CAREER FLEXI- received involuntary separation pay, or who based upon diversity characteristics. The BILITY TO ENHANCE RETENTION OF are authorized to receive temporary retired Secretary shall continue to account for di- MEMBERS OF THE ARMED FORCES. pay, in connection with separation. versified language and cultural skills among (a) EXTENSION OF PROGRAMS TO CERTAIN (6) The number of members who completed the total force of the military. ACTIVE GUARD AND RESERVE PERSONNEL.— transition assistance programs relating to (b) METRICS TO MEASURE PROGRESS IN DE- Section 533 of Duncan Hunter National De- future employment. VELOPING AND IMPLEMENTING PLAN.—In defense Authorization Act for Fiscal Year 2009 (7) The average number of months deployed veloping and implementing the plan under (10 U.S.C. prec. 701 note) is amended— to overseas contingency operations set forth subsection (a), the Secretary of Defense shall (1) in subsection (a)(1), by inserting ‘‘and by grade. develop a standard set of metrics and collec- members on active Guard and Reserve duty’’ SEC. 525. REVIEW OF ELIGIBILITY OF VICTIMS OF tion procedures that are uniform across the after ‘‘officers and enlisted members of the DOMESTIC TERRORISM FOR AWARD armed forces. The metrics required by this regular components’’; OF THE PURPLE HEART AND THE subsection shall be designed— DEFENSE MEDAL OF FREEDOM. (2) by redesignating subsection (l) as sub- (1) to accurately capture the inclusion and (a) REPORT.—Not later than March 1, 2013, section (m); and capability aspects of the armed forces broad- the Secretary of Defense shall, in coordina- (3) by inserting after subsection (k) the fol- er diversity plans, including race, ethnic, tion with the Secretaries of the military de- lowing new subsection (l) and gender specific groups, functional exper- partments, submit to the Committees on tise, and diversified cultural and language ‘‘(l) DEFINITION.—In this section, the term Armed Services of the Senate and the House skills so as to leverage and improve readi- ‘active Guard and Reserve duty’ has the of Representatives a report on— ness; and meaning given that term in section 101(d)(6) (1) the advisability of modifying the cri- (2) to be verifiable and systematically of title 10, United States Code.’’. teria for the award of the Purple Heart to provide for the award of the Purple Heart to linked to strategic plans that will drive im- (b) AUTHORITY TO CARRY FORWARD UNUSED members of the Armed Forces who are killed provements. ACCRUED LEAVE.—Subsection (h) of such sec- (c) DEFINITION OF DIVERSITY.—In devel- tion is amended by adding at the end the fol- or wounded in a terrorist attack within the oping and implementing the plan under sub- lowing new paragraph: United States that is determined to be in- section (a), each Secretary of a military de- spired by ideological, political, or religious ‘‘(5) LEAVE.—A member who participates in partment shall, in consultation with the Sec- a pilot program is entitled to carry forward beliefs that give rise to terrorism; and retary of Defense, develop a definition of di- the existing leave balance accumulated in (2) the advisability of modifying the cri- versity that is reflective of the culture, mis- accordance with section 701 of title 10, teria for the award of the Defense Medal of sion, and core values of each Armed Force United States Code, but not to exceed 60 Freedom to provide for the award of the De- under the jurisdiction of such Secretary. days.’’. fense Medal of Freedom to civilian employ- (d) CONSULTATION.—Not less than annually, ees of the United States who are killed or the Secretary of Defense shall meet with the (c) AUTHORITY FOR DISABILITY PROC- wounded in a terrorist attack within the Secretaries of the military departments, the ESSING.—Subsection (j) of such section is United States that is determined to be in- Joint Chiefs of Staff, and senior enlisted amended— spired by ideological, political, or religious members of the Armed Forces to discuss the (1) by striking ‘‘for purposes of the entitle- beliefs that give rise to terrorism. progress being made toward developing and ment’’ and inserting ‘‘for purposes of— (b) DETERMINATION.—As part of the review implementing the plan established under ‘‘(1) the entitlement’’; undertaken to prepare the report required by subsection (a). (2) by striking the period at the end and in- subsection (a), the Secretary of Defense shall (e) REPORTS ON IMPLEMENTATION OF PLAN.— serting ‘‘; and’’; and conduct a review of each death or wounding Not later than July 1, 2013, and biennially (3) by adding at the end the following new of a member of the Armed Forces or civilian thereafter through July 1, 2017, the Sec- paragraph: employee of the United States Government retary of Defense shall submit to the con- ‘‘(2) retirement or separation for physical that occurred within the United States since gressional defense committees a report on disability under the provisions of chapters 55 September 11, 2001, that could meet the cri- the following: and 61 of title 10, United States Code.’’. teria as being the result of a terrorist attack

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7483 within the United States in order to deter- a minimum, that whenever a unit returns Uniform Code of Military Justice) is amend- mine whether such death or wounding quali- from combat deployment to the installation ed in the third sentence by striking ‘‘The fies or potentially would qualify for the the training established for purposes of the Judge Advocate General’’ and all that fol- award of the Purple Heart or the Defense research study is provided to all members of lows through ‘‘shall’’ and inserting ‘‘The Medal of Freedom. the Army returning for such deployment. Judge Advocates General, and within the (c) CONSIDERATIONS.—In conducting the re- The training shall include such training as Marine Corps the Staff Judge Advocate to view to prepare the report required by sub- the Secretary considers appropriate to re- the Commandant of the Marine Corps, or section (a), the Secretary of Defense shall duce trends in high risk or self-destructive senior members of their staffs, shall’’. take into consideration the following: behavior. (2) DELIVERY OF LEGAL ASSISTANCE.—Sec- (1) The views of veterans service organiza- (d) PERIOD.—The Secretary shall carry out tion 1044(b) of such title is amended by in- tions, including the Military Order of the the research study through September 30, serting ‘‘and within the Marine Corps the Purple Heart. 2014. Staff Judge Advocate to the Commandant of (2) The importance that has been assigned (e) REPORTS.—Not later than 30 days after the Marine Corps’’ after ‘‘title)’’. to determining all available facts before a the end of each of fiscal years 2013 and 2014, SEC. 532. ADDITIONAL INFORMATION IN RE- decision is made to award the Purple Heart. the Secretary shall submit to the Commit- PORTS ON ANNUAL SURVEYS OF THE (3) Potential effects of an award on the tees on Armed Forces of the Senate and the COMMITTEE ON THE UNIFORM CODE ability to prosecute perpetrators of terrorist House of Representatives a report on the re- OF MILITARY JUSTICE. acts in military or civilian courts. search study during the preceding fiscal Subsection (c)(2) of section 946 of title 10, (4) The views of the Chairman of the Joint year. Each report shall include the following: United States Code (article 146 of the Uni- Chiefs of Staff. (1) A description of the trends in high risk form Code of Military Justice), is amended— SEC. 526. EXTENSION OF TEMPORARY INCREASE or self-destructive behavior within each of (1) by redesignating subparagraph (B) as IN ACCUMULATED LEAVE CARRY- the units involved in the research study dur- subparagraph (C); and OVER FOR MEMBERS OF THE ARMED ing the fiscal year covered by such report. (2) by inserting after subparagraph (A) the FORCES. (2) A description of the effectiveness of Section 701(d) of title 10, United States following new subparagraph (B): Comprehensive Soldier and Family Fitness ‘‘(B) Information from the Judge Advo- Code, is amended by striking ‘‘September 30, Program training in enhancing individual 2013’’ and inserting ‘‘September 30, 2015’’. cates General and the Staff Judge Advocate performance through resiliency techniques, to the Commandant of the Marine Corps on SEC. 527. PROHIBITION ON WAIVER FOR COMMIS- utilization of positive psychology. SIONING OR ENLISTMENT IN THE the following: (3) In the case of the report on fiscal year ‘‘(i) The appellate review process, includ- ARMED FORCES FOR ANY INDI- 2014, such recommendations for the expan- VIDUAL CONVICTED OF A FELONY ing— SEXUAL OFFENSE. sion or modification of the research study as ‘‘(I) information on compliance with proc- An individual may not be provided a waiv- the Secretary considers appropriate. essing time goals; er for commissioning or enlistment in the Subtitle D—Military Justice and Legal ‘‘(II) discussions of the circumstances sur- Armed Forces if the individual has been con- Matters Generally rounding cases in which general court-mar- victed under Federal or State law of a felony SEC. 531. CLARIFICATION AND ENHANCEMENT tial or special court-martial convictions are offense of any of the following: OF THE ROLE OF THE STAFF JUDGE reversed as a result of command influence or (1) Rape. ADVOCATE TO THE COMMANDANT denial of the right to a speedy review or oth- (2) Sexual abuse. OF THE MARINE CORPS. erwise remitted due to loss of records of trial (3) Sexual assault. (a) APPOINTMENT BY THE PRESIDENT AND or other administrative deficiencies; and (4) Incest. PERMANENT APPOINTMENT TO GRADE OF ‘‘(III) discussions of cases in which a provi- (5) Any other sexual offense. MAJOR GENERAL.—Subsection (a) of section sion of this chapter is held unconstitutional. SEC. 528. RESEARCH STUDY ON RESILIENCE IN 5046 of title 10, United States Code, is amend- ‘‘(ii) Developments in appellate case law MEMBERS OF THE ARMY. ed— relating to courts-martial involving allega- (a) RESEARCH STUDY REQUIRED.— (1) in the first sentence, by striking ‘‘de- tions of sexual misconduct under this chap- (1) IN GENERAL.—The Secretary of the tailed’’ and inserting ‘‘appointed by the ter. Army shall carry out a research program on President, by and with the advice and con- ‘‘(iii) Issues associated with implementing resilience in members of the Army. sent of the Senate,’’; and recent, legislatively directed changes to this (2) PURPOSE.—The purpose of the research (2) in the second sentence— chapter or the Manual for Courts-Martial. study shall be to determine the effectiveness (A) by striking ‘‘The’’ and inserting ‘‘If an ‘‘(iv) Measures implemented by each armed of the current Comprehensive Soldier and officer appointed as the’’; and force to ensure the ability of judge advocates Family Fitness (CSF2) Program of the Army (B) by striking ‘‘, while so serving, has the to competently participate as trial and de- while verifying the current means of the grade’’ and inserting ‘‘holds a lower grade, fense counsel in, and preside as military Army to reduce trends in high risk or self- the officer shall be appointed in the grade’’. judges over, capital cases, national security destructive behavior and to prepare members (b) DUTIES, AUTHORITY, AND ACCOUNT- cases, sexual assault cases, and proceedings of the Army to manage stressful or trau- ABILITY.—Such section is further amended— of military commissions. matic situations by training members in re- (1) by redesignating subsection (c) as sub- ‘‘(v) The independent views of the Judge silience strategies and techniques. section (d); and Advocates General and the Staff Judge Advo- (3) ELEMENTS.—In carrying out the re- (2) by inserting after subsection (b) the fol- cate to the Commandant of the Marine Corps search study, the Secretary shall determine lowing new subsection (c): on the sufficiency of resources available the effectiveness of training under the Com- ‘‘(c) The Staff Judge Advocate to the Com- within their respective armed forces, includ- prehensive Soldier and Family Fitness pro- mandant of the Marine Corps, under the di- ing manpower, funding, training, and officer gram in— rection of the Commandant of the Marine and enlisted grade structure, to capably per- (A) enhancing individual performance Corps and the Secretary of the Navy, shall— form military justice functions.’’. through resiliency techniques and use of ‘‘(1) perform duties relating to legal mat- positive and sports psychology; and ters arising in the Marine Corps as may be Subtitle E—Sexual Assault, Hazing, and (B) identifying and responding to early assigned to the Staff Judge Advocate; Related Matters signs of high-risk behavior in members of the ‘‘(2) perform the functions and duties and SEC. 541. AUTHORITY TO RETAIN OR RECALL TO Army assigned to units involved in the re- exercise the powers prescribed for the Staff ACTIVE DUTY RESERVE COMPONENT search study. Judge Advocate to the Commandant of the MEMBERS WHO ARE VICTIMS OF (4) SCIENCE-BASED EVIDENCE AND TECH- Marine Corps in chapter 47 of this title (the SEXUAL ASSAULT WHILE ON ACTIVE DUTY. NIQUES.—The research study shall be rooted Uniform Code of Military Justice) and chap- in scientific evidence, using professionally ter 53 of this title; and (a) IN GENERAL.—Chapter 1209 of title 10, accepted measurements of experiments, of ‘‘(3) perform such other duties as may be United States Code, is amended by adding at longitudinal research, random-assignment, assigned to the Staff Judge Advocate.’’. the end the following new section: and placebo-controlled outcome studies to (c) COMPOSITION OF HEADQUARTERS, MARINE ‘‘§ 12323. Active duty for response to sexual evaluate which interventions can prove posi- CORPS.—Section 5041(b) of such title is assault tive results and which result in no impact. amended— (b) LOCATIONS.—The Secretary carry out (1) by redesignating paragraphs (4) and (5) ‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the the research study at locations selected by as paragraphs (5) and (6), respectively; and case of a member of a reserve component the Secretary from among Army installa- (2) by inserting after paragraph (3) the fol- who is the alleged victim of sexual assault tions which are representative of the Total lowing new paragraph (4): committed while on active duty and who is Force. Units from all components of the ‘‘(4) The Staff Judge Advocate to the Com- expected to be released from active duty be- Army shall be involved in the research mandant of the Marine Corps.’’. fore the determination of whether the mem- study. (d) SUPERVISION OF CERTAIN LEGAL SERV- ber was assaulted while in the line of duty, (c) TRAINING.—In carrying out the research ICES.— the Secretary concerned may, upon the re- study at an installation selected pursuant to (1) ADMINISTRATION OF MILITARY JUSTICE.— quest of the member, order the member to be subsection (b), the Secretary shall ensure, at Section 806(a) of such title (article 6(a) of the retained on active duty until the line of duty

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7484 CONGRESSIONAL RECORD — SENATE December 5, 2012 determination. A member eligible for con- including hotline phone numbers and Inter- (C) The actions taken to prevent and re- tinuation on active duty under this sub- net websites available to all members of the spond to hazing incidents in the Armed section shall be informed as soon as prac- Armed Forces. Force. ticable after the alleged assault of the option (7) A requirement to assign responsibility (4) A description of the additional actions, to request continuation on active duty under to receive and investigate complaints if any, the Secretary submitting such report this subsection. against members of the Armed Forces and ci- and the Chief of Staff of the Armed Force ‘‘(b) RETURN TO ACTIVE DUTY.—In the case vilian personnel of the Department of De- propose to take to further address the inci- of a member of a reserve component not on fense for the violation or failure to provide dence of hazing in the Armed Force. active duty who is the alleged victim of a the rights of a crime victim established by SEC. 544. RETENTION OF CERTAIN FORMS IN sexual assault that occurred while the mem- section 3771 of title 18, United States Code, CONNECTION WITH RESTRICTED RE- ber was on active duty and when the deter- as applicable to such members and personnel PORTS ON SEXUAL ASSAULT IN- mination whether the member was in the in accordance with Department of Defense VOLVING MEMBERS OF THE ARMED line of duty is not completed, the Secretary Directive 1030.1, or a successor directive, and FORCES. concerned may, upon the request of the Department of Defense Instruction 1030.2, or (a) PERIOD OF RETENTION.—The Secretary member, order the member to active duty for a successor instruction. of Defense shall ensure that all copies of De- such time as necessary to complete the line (8) A requirement that each Secretary of a partment of Defense Form 2910 and Depart- of duty determination. military department establish policies that ment of Defense Form 2911 filed in connec- ‘‘(c) REGULATIONS.—The Secretaries of the require that each member of the Armed tion with a Restricted Report on an incident military departments shall prescribe regula- Forces under the jurisdiction of such Sec- of sexual assault involving a member of the tions to carry out this section, subject to retary whose conviction for a covered offense Armed Forces shall be retained for the guidelines prescribed by the Secretary of De- is final and who is not punitively discharged longer of— fense. The guidelines of the Secretary of De- from the Armed Forces in connection with (1) 50 years commencing on the date of sig- fense shall provide that— such conviction be processed for administra- nature of the member on Department of De- ‘‘(1) a request submitted by a member de- tive separation from the Armed Forces, fense Form 2910; or scribed in subsection (a) or (b) to continue on which requirement shall not be interpreted (2) the time provided for the retention of active duty, or to be ordered to active duty, to limit or alter the authority of such Sec- such forms in connection with Unrestricted respectively, must be decided within 30 days retary to process members of the Armed Reports on incidents of sexual assault in- from the date of the request; and Forces for administrative separation for volving members of the Armed Forces under ‘‘(2) if the request is denied, the member other offenses or under other provisions of Department of Defense Directive-Type may appeal to the first general officer or flag law. Memorandum (DTM) 11–062, entitled ‘‘Docu- officer in the chain of command of the mem- (b) DEFINITIONS.—In this section: ment Retention in Cases of Restricted and ber, and in the case of such an appeal a deci- (1) The term ‘‘covered offense’’ means the Unrestricted Reports of Sexual Assault’’, or sion on the appeal must be made within 15 following: any successor directive or policy. days from the date of the appeal.’’. (A) Rape or sexual assault under sub- (b) PROTECTION OF CONFIDENTIALITY.—Any (b) CLERICAL AMENDMENT.—The table of section (a) or (b) of section 920 of title 10, Department of Defense form retained under sections at the beginning of chapter 1209 of United States Code (article 120 of the Uni- subsection (a) shall be retained in a manner such title is amended adding at the end the form Code of Military Justice). that protects the confidentiality of the mem- following new item: (B) Forcible sodomy under section 925 of ber of the Armed Forces concerned in accord- ‘‘12323. Active duty for response to sexual as- title 10, United States Code (article 125 of the ance with procedures for the protection of sault.’’. Uniform Code of Military Justice). confidentiality of information in Restricted SEC. 542. ADDITIONAL ELEMENTS IN COM- (C) An attempt to commit an offense speci- Reports under Department of Defense memo- PREHENSIVE DEPARTMENT OF DE- fied in subparagraph (A) or (B) under section randum JTF–SAPR–009, relating to the De- FENSE POLICY ON SEXUAL ASSAULT 880 of title 10, United States Code (article 80 partment of Defense policy on confiden- PREVENTION AND RESPONSE. of the Uniform Code of Military Justice). tiality for victims of sexual assault, or any (a) ADDITIONAL ELEMENTS.—Not later than (2) The term ‘‘special victim offenses’’ successor policy or directive. 180 days after the date of the enactment of means offenses involving allegations of any SEC. 545. PREVENTION AND RESPONSE TO SEX- this Act, the Secretary of Defense shall mod- of the following: UAL HARASSMENT IN THE ARMED ify the revised comprehensive policy for the (A) Child abuse. FORCES. Department of Defense sexual assault pre- (a) COMPREHENSIVE POLICY REQUIRED.— (B) Rape, sexual assault, or forcible sod- vention and response program required by (1) IN GENERAL.—The Secretary of Defense omy. section 1602 of the Ike Skelton National De- shall, in consultation with the Secretaries of (C) Domestic violence involving aggra- fense Authorization Act for Fiscal Year 2011 the military departments and the Equal Op- vated assault. (Public Law 111–383; 124 Stat. 4430; 10 U.S.C. portunity Office of the Department of De- SEC. 543. HAZING IN THE ARMED FORCES. 1561 note) to include in the policy the fol- fense, develop a comprehensive policy to pre- (a) REPORT.—Not later than 180 days after lowing: vent and respond to sexual harassment in the date of the enactment of this Act, each (1) A requirement to establish within each the Armed Forces. The policy shall provide Secretary of a military department shall, in military department, under regulations pre- consultation with the Chief of Staff of each for the following: scribed by the Secretary of Defense, an en- Armed Force under the jurisdiction of such (A) Training for members of the Armed hanced capability for the investigation, pros- Secretary, submit to the Committees on Forces on the prevention of sexual harass- ecution, and defense of special victim of- Armed Services of the Senate and the House ment. fenses under chapter 47 of title 10, United of Representatives a report on hazing in such (B) Mechanisms for reporting incidents of States Code (the Uniform Code of Military Armed Force. Not later than 180 days after sexual harassment in the Armed Forces, in- Justice). the date of the enactment of this Act, the cluding procedures for reporting anony- (2) A requirement that each military de- Secretary of Homeland Security shall sub- mously. partment initiate and retain for a period pre- mit to the committees of Congress referred (C) Mechanisms for responding to and re- scribed by the Secretary of Defense a record to in the preceding sentence a report on haz- solving incidents of alleged sexual harass- on the disposition of allegations of sexual as- ing in the Coast Guard when it is not oper- ment incidences involving members of the sault using forms and procedures prescribed ating as a service in the Navy, and, for pur- Armed Forces, including through the pros- by the Secretary. poses of such report, the Armed Forces shall ecution of offenders. (3) A requirement that all commanders and include the Coast Guard when it is not oper- (2) REPORT.—Not later than one year after commanding officers receive training on sex- ating as a service in the Navy. the date of the enactment of this Act, the ual assault prevention, response, and policies (b) ELEMENTS.—Each report on an Armed Secretary of Defense shall submit to the before, or shortly after, assuming command. Force required by subsection (a) shall in- Committees on Armed Services of the Senate (4) A requirement that all new members of clude the following: and the House of Representatives a report the Armed Forces (whether in the regular or (1) A discussion of the policies of the setting forth the policy required by para- reserve components) receive training on the Armed Force for preventing and responding graph (1). Department of Defense policy on sexual as- to incidents of hazing. (b) COLLECTION AND RETENTION OF RECORDS sault prevention and response program dur- (2) A description of the methods imple- ON DISPOSITION OF REPORTS OF SEXUAL HAR- ing initial entry training. mented to track and report, including report ASSMENT.— (5) A requirement for military commands anonymously, incidents of hazing in the (1) COLLECTION.—The Secretary of Defense and units specified by the Secretary of De- Armed Force. shall require that the Secretary of each mili- fense for purposes of the policy to conduct (3) An assessment by the Secretary submit- tary department establish a record on the periodic climate assessments of such com- ting such report of the following: disposition of any report of sexual harass- mands and units for purposes of preventing (A) The scope of the problem of hazing in ment, whether such disposition is court mar- and responding to sexual assaults. the Armed Force. tial, non-judicial punishment, or other ad- (6) A requirement to post and widely dis- (B) The training on recognizing and pre- ministrative action. The record of any such seminate information about resources avail- venting hazing provided members of the disposition shall include the following, as ap- able to report and respond to sexual assaults, Armed Force. propriate:

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7485 (A) Documentary information collected SEC. 546. ENHANCEMENT OF ANNUAL REPORTS Subtitle F—Education and Training about the incident reported. REGARDING SEXUAL ASSAULTS IN- SEC. 551. INCLUSION OF THE SCHOOL OF AD- (B) Punishment imposed, including the VOLVING MEMBERS OF THE ARMED VANCED MILITARY STUDIES SENIOR sentencing by judicial or non-judicial means FORCES. LEVEL COURSE AS A SENIOR LEVEL SERVICE SCHOOL. including incarceration, fines, restriction, (a) IN GENERAL.—Section 1631(b) of the Ike Section 2151(b)(1) of title 10, United States and extra duty as a result of military court- Skelton National Defense Authorization Act Code, is amended by adding at the end the martial, Federal and local court and other for Fiscal Year 2011 (10 U.S.C. 1561 note) is following new subparagraph: sentencing, or any other punishment im- amended— ‘‘(E) The Senior Level Course of the School posed. (1) by striking paragraph (3) and inserting of Advanced Military Studies of the United (C) Reasons for the selection of the disposi- the following new paragraph (3): States Army Command and General Staff tion and punishments selected. ‘‘(3) A synopsis of each such substantiated College.’’. (D) Administrative actions taken, if any. case, organized by offense, and, for each such SEC. 552. MODIFICATION OF ELIGIBILITY FOR AS- (E) Any pertinent referrals offered as a re- case, the action taken in such case, includ- SOCIATE DEGREE PROGRAMS sult of the incident (such as drug and alcohol ing the following information: UNDER THE COMMUNITY COLLEGE counseling and other types of counseling or ‘‘(A) The type of disciplinary or adminis- OF THE AIR FORCE. Section 9315(b) of title 10, United States intervention). trative sanction imposed, if any, including Code, is amended by adding at the end the (2) RETENTION.—The Secretary of Defense courts-martial sentences, non-judicial pun- following new paragraph: shall require that— ishments administered by commanding offi- ‘‘(3) Enlisted members of the armed forces (A) the records established pursuant to cers pursuant to section 815 of title 10, other than the Air Force who are partici- paragraph (1) be retained by the Department United States Code (article 15 of the Uniform pating in joint-service medical training and of Defense for a period of not less than 50 Code of Military Justice), and administra- education or serving as instructors in joint- years; and tive separations. service medical training and education.’’. (B) a copy of such records be maintained at ‘‘(B) A description of and rationale for the SEC. 553. SUPPORT OF NAVAL ACADEMY ATH- a centralized location for the same period as final disposition and punishment, regardless LETIC PROGRAMS. applies to retention of the records under sub- of type of disciplinary or administrative (a) IN GENERAL.—Chapter 603 of title 10, paragraph (A). sanction imposed. United States Code, is amended by adding at the end the following new section: (c) ANNUAL REPORT ON SEXUAL HARASS- ‘‘(C) The unit and location of service at MENT INVOLVING MEMBERS OF THE ARMED which the incident occurred. ‘‘§ 6981. Support of athletic and physical fit- ‘‘(D) Whether the accused was previously ness programs FORCES.— accused of a substantiated sexual assault or (1) ANNUAL REPORT ON SEXUAL HARASS- ‘‘(a) AUTHORITY.— sexual harassment. ‘‘(1) CONTRACTS AND COOPERATIVE AGREE- MENT.—Not later than March 1, 2015, and ‘‘(E) Whether the accused was admitted to MENTS.—The Secretary of the Navy may each March 1 thereafter through March 1, the Armed Forces under a moral waiver enter into contracts and cooperative agree- 2018, the Secretary of each military depart- granted with respect to prior sexual mis- ments with the Association for the purpose ment shall submit to the Secretary of De- conduct. of supporting the athletic and physical fit- fense a report on the sexual harassments in- ‘‘(F) Whether alcohol was involved in the ness programs of the Naval Academy. Not- volving members of the Armed Forces under incident. withstanding section 2304(k) of this title, the the jurisdiction of such Secretary during the ‘‘(G) If the member was administratively Secretary may enter such contracts or coop- preceding year. Each Secretary of a military separated or, in the case of an officer, al- erative agreements on a sole source basis department shall submit the report on a year lowed to resign in lieu of facing a court-mar- pursuant to section 2304(c)(5) of this title. under this section at the same time as the tial, the characterization given the service Notwithstanding chapter 63 of title 31, a co- submittal of the annual report on sexual as- of the member upon separation.’’; and operative agreement under this section may saults during that year under section 1631 of (2) by adding at the end the following new be used to acquire property or services for the Ike Skelton National Defense Authoriza- paragraphs the direct benefit or use of the Naval Acad- emy. tion Act for Fiscal Year 2011 (10 U.S.C. 1561 ‘‘(7) The number of applications submitted ‘‘(2) LEASES.—The Secretary may enter note). In the case of the Secretary of the under section 673 of title 10, United States into leases, in accordance with section 2667 Navy, separate reports shall be prepared Code, during the year covered by the report under this section for the Navy and the Ma- of this title, or licenses with the Association for a permanent change of station or unit for the purpose of supporting the athletic rine Corps. transfer for members of the Armed Forces on (2) CONTENTS.—The report of a Secretary of and physical fitness programs of the Naval active duty who are the victim of a sexual Academy. Any such lease or license shall be a military department for an Armed Force assault or related offense, the number of ap- under paragraph (1) shall contain the fol- deemed to satisfy the conditions of section plications denied, and, for each application 2667(h)(2) of this title. lowing: denied, a description of the reasons why such ‘‘(b) USE OF NAVY PERSONAL PROPERTY BY (A) The number of sexual harassments application was denied. THE ASSOCIATION.—The Secretary may allow committed against members of the Armed ‘‘(8) An analysis and assessment of trends the Association to use, at no cost, personal Force that were reported to military offi- in the incidence, disposition, and prosecution property of the Department of the Navy to cials during the year covered by the report, of sexual assaults by commands and installa- assist the Association in supporting the ath- and the number of the cases so reported that tions during the year covered by the report, letic and physical fitness programs of the were substantiated. including trends relating to prevalence of in- Naval Academy. (B) The number of sexual harassments cidents, prosecution of incidents, and avoid- ‘‘(c) ACCEPTANCE OF SUPPORT.— committed by members of the Armed Force ance of incidents. ‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA- that were reported to military officials dur- ‘‘(9) An assessment of the adequacy of sex- TION.—Notwithstanding section 1342 of title 31, the Secretary may accept from the Asso- ing the year covered by the report, and the ual assault prevention and response activi- ciation funds, supplies, and services for the number of the cases so reported that were ties carried out by training commands dur- support of the athletic and physical fitness substantiated. The information required by ing the year covered by the report. programs of the Naval Academy. For pur- this subparagraph may not be combined with ‘‘(10) An analysis of the specific factors the information required by subparagraph poses of this section, employees or personnel that may have contributed to sexual assault of the Association may not be considered to (A). during the year covered by the report, in- (C) A synopsis of each such substantiated be employees of the United States. cluding sexual harassment and substance ‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec- case and, for each such case, the action abuse, an assessment of the role of such fac- retary may accept funds from the National taken in such case, including the type of dis- tors in contributing to sexual assaults dur- Collegiate Athletic Association to support ciplinary or administrative sanction im- ing that year, and recommendations for the athletic and physical fitness programs of posed, section 815 of title 10, United States mechanisms to eliminate or reduce the inci- the Naval Academy. Code (article 15 of the Uniform Code of Mili- dence of such factors or their contributions ‘‘(3) LIMITATION.—The Secretary shall en- tary Justice). to sexual assaults.’’. sure that contributions under this sub- (D) The policies, procedures, and processes (b) EFFECTIVE ATE section do not reflect unfavorably on the implemented by the Secretary during the D .—The amendments made by this section shall take effect on the ability of the Department of the Navy, any year covered by the report in response to in- of its employees, or any member of the date of the enactment of this Act, and shall cidents of sexual harassment involving mem- armed forces to carry out any responsibility bers of that Armed Force. apply beginning with the report required to or duty in a fair and objective manner, or (E) Any other matters relating to sexual be submitted by March 1, 2014, under section compromise the integrity or appearance of harassment involving members of the Armed 1631 of the Ike Skelton National Defense Au- integrity of any program of the Department Forces that the Secretary considers appro- thorization Act for Fiscal Year 2011 (as of the Navy, or any individual involved in priate. amended by subsection (a)). such a program.

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‘‘(d) RETENTION AND USE OF FUNDS.—Not- grade of second lieutenant or ensign. An offi- port of all kinds (including, but not limited withstanding section 2260(d) of this title, cer so appointed may, upon meeting such cri- to, appropriated funds) provided to youth de- funds received under this section may be re- teria for promotion as may be prescribed by velopment programs within the Armed tained for use in support of the Naval Acad- the Secretary concerned, be appointed in the Forces is consistent with funding limitations emy athletic program and shall remain reserve grade of first lieutenant or lieuten- and the achievement of the objectives of available until expended. ant (junior grade). Medical students commis- such programs.’’. ‘‘(e) TRADEMARKS AND SERVICE MARKS.— sioned under this section shall serve on ac- (c) SUBMITTAL OF REPORTS.—Subsection (e) ‘‘(1) LICENSING, MARKETING, AND SPONSOR- tive duty in their respective grades for a pe- of such section is amended by striking ‘‘not SHIP AGREEMENTS.—An agreement under sub- riod of 45 days during each year of participa- later than’’ and all that follows and insert- section (a)(1) may, consistent with sections tion in the program.’’; and ing ‘‘annually through 2012, and thereafter 2260 (other than subsection (d)) and 5022(b)(3) (2) in paragraph (2), by striking ‘‘grade of not later than March 31 of each of 2015, 2018, of this title, authorize the Association to second lieutenant or ensign’’ and inserting and 2020.’’. enter into licensing, marketing, and sponsor- ‘‘grade in which the member is serving under SEC. 558. CONSOLIDATION OF MILITARY DEPART- ship agreements relating to trademarks and paragraph (1)’’. MENT AUTHORITY TO ISSUE ARMS, service marks identifying the Naval Acad- (c) OFFICERS DETAILED AS STUDENTS AT TENTAGE, AND EQUIPMENT TO EDU- emy, subject to the approval of the Depart- MEDICAL SCHOOLS.—Subsection (e) of section CATIONAL INSTITUTIONS NOT MAIN- ment of the Navy. 2004a of such title is amended— TAINING UNITS OF THE JUNIOR ROTC. ‘‘(2) LIMITATIONS.—No such licensing, mar- (1) in the subsection heading, by striking (a) CONSOLIDATION OF AUTHORITY.—Chapter keting, or sponsorship agreement may be en- ‘‘APPOINTMENT AND TREATMENT OF PRIOR AC- 152 of title 10, United States Code, is amend- tered into if it would reflect unfavorably on TIVE SERVICE’’ and inserting ‘‘SERVICE ON AC- ed by inserting after section 2552 the fol- the ability of the Department of the Navy, TIVE DUTY’’; and lowing new section: any of its employees, or any member of the (2) by striking paragraph (1) and inserting armed forces to carry out any responsibility the following new paragraph (1): ‘‘§ 2552a. Arms, tentage, and equipment: edu- or duty in a fair and objective manner, or if ‘‘(1) A commissioned officer detailed under cational institutions not maintaining units the Secretary determines that the use of the subsection (a) shall serve on active duty, of Junior Reserve Officers’ Training Corps trademark or service mark would com- subject to the limitations on grade specified ‘‘The Secretary of a military department promise the integrity or appearance of integ- in section 2114(b)(1) of this title and with the may issue arms, tentage, and equipment to rity of any program of the Department of the entitlement to basic pay as specified in sec- an educational institution at which no unit Navy, or any individual involved in such a tion 2114(b)(2) of this title.’’. of the Junior Reserve Officers’ Training program. SEC. 555. AUTHORITY FOR SERVICE COMMIT- Corps is maintained if the educational insti- ‘‘(f) SERVICE ON ASSOCIATION BOARD OF CON- MENT FOR RESERVISTS WHO AC- tution— TROL.—The Association is a designated enti- CEPT FELLOWSHIPS, SCHOLAR- ‘‘(1) offers a course in military instruction ty for which authorization under sections SHIPS, OR GRANTS TO BE PER- prescribed by that Secretary; and 1033(a) and 1589(a) of this title may be pro- FORMED IN THE SELECTED RE- ‘‘(2) has a student body of at least 50 stu- vided. SERVE. dents who are in a grade above the eighth (a) IN GENERAL.—Subsection (b) of section ‘‘(g) CONDITIONS.—The authority provided grade.’’. in this section with respect to the Associa- 2603 of title 10, United States Code, is amend- (b) CONFORMING REPEALS.—Sections 4651, tion is available only so long as the Associa- ed by striking ‘‘on active duty’’ and all that 7911, and 9651 of such title are repealed. tion continues to— follows and inserting the following: ‘‘as fol- (c) CLERICAL AMENDMENTS.— ‘‘(1) qualify as a nonprofit organization lows: (1) The table of sections at the beginning of under section 501(c)(3) of the Internal Rev- ‘‘(1) On active duty for a period at least chapter 152 of such title is amended by in- enue Code of 1986 and operates in accordance three times the length of the period of the serting after the item relating to section 2552 with this section, the laws of the State of education or training. the following new item: Maryland, and the constitution and bylaws ‘‘(2) In the case of a member of the Se- ‘‘2552a. Arms, tentage, and equipment: edu- of the Association; and lected Reserve— cational institutions not main- ‘‘(2) operate exclusively to support the ath- ‘‘(A) on active duty in accordance with taining units of Junior Reserve letic and physical fitness programs of the paragraph (1); or Officers’ Training Corps’’. Naval Academy. ‘‘(B) in the Selected Reserve for a period at (2) The table of sections at the beginning of least five times the length of the period of ‘‘(h) ASSOCIATION DEFINED.—In this section, chapter 441 of such title is amended by strik- the term ‘Association’ means the Naval the education or training.’’. ing the item relating to section 4651. Academy Athletic Association.’’. (b) TECHNICAL AMENDMENTS.—Such section (3) The table of sections at the beginning of is further amended by striking ‘‘Armed (b) CLERICAL AMENDMENT.—The table of chapter 667 of such title is amended by strik- sections at the beginning of chapter 603 of Forces’’ each place it appears and inserting ing the item relating to section 7911. such title is amended by adding at the end ‘‘armed forces’’. (4) The table of sections at the beginning of the following new item: (c) EFFECTIVE DATE.—The amendment chapter 941 of such title is amended by strik- made by subsection (a) shall apply to agreeing the item relating to section 9651. ‘‘6981. Support of athletic and physical fit- ments entered into under section 2603(b) of ness programs.’’. SEC. 559. MODIFICATION OF REQUIREMENT FOR title 10, United States Code, after the date of REPORTS IN FEDERAL REGISTER ON SEC. 554. GRADE OF COMMISSIONED OFFICERS the enactment of this Act. INSTITUTIONS OF HIGHER EDU- IN UNIFORMED MEDICAL ACCES- SEC. 556. REPEAL OF REQUIREMENT FOR ELIGI- CATION INELIGIBLE FOR CON- SION PROGRAMS. BILITY FOR IN-STATE TUITION OF AT TRACTS AND GRANTS FOR DENIAL (a) MEDICAL STUDENTS OF USUHS.—Sec- LEAST 50 PERCENT OF PARTICI- OF ROTC OR MILITARY RECRUITER tion 2114(b) of title 10, United States Code, is PANTS IN SENIOR RESERVE OFFI- ACCESS TO CAMPUS. amended— CERS’ TRAINING CORPS PROGRAM. Section 983 of title 10, United States Code, (1) in paragraph (1), by striking the second Section 2107(c)(1) of title 10, United States is amended by striking subsection (f). sentence and inserting the following new Code, is amended by striking the third sen- SEC. 560. COMPTROLLER GENERAL OF THE sentences: ‘‘Each medical student shall be tence. UNITED STATES REPORT ON THE RE- appointed as a regular officer in the grade of SEC. 557. MODIFICATION OF REQUIREMENTS ON SERVE OFFICERS’ TRAINING CORPS. second lieutenant or ensign. An officer so ap- PLAN TO INCREASE THE NUMBER OF (a) REPORT REQUIRED.—Not later than 270 pointed may, upon meeting such criteria for UNITS OF THE JUNIOR RESERVE OF- days after the date of the enactment of this promotion as may be prescribed by the Sec- FICERS’ TRAINING CORPS. Act, the Comptroller General of the United retary concerned, be appointed in the regular (a) NUMBER OF UNITS COVERED BY PLAN.— States shall submit to the congressional degrade of first lieutenant or lieutenant (junior Subsection (a) of section 548 of the Duncan fense committees a report setting forth the grade). Medical students commissioned Hunter National Defense Authorization Act assessment of the Comptroller General re- under this section shall serve on active duty for Fiscal Year 2009 (Public Law 110–417; 122 garding the following: in their respective grades.’’; and Stat. 4466) is amended by striking ‘‘not less (1) Whether the Reserve Officers’ Training (2) in paragraph (2), by striking ‘‘grade of than 3,700 units’’ and inserting ‘‘not less Corps (ROTC) programs of the Departments second lieutenant or ensign’’ and inserting than 3,000, and not more than 3,700, units’’. of the Army, the Navy, and the Air Force are ‘‘grade in which the member is serving under (b) ADDITIONAL EXCEPTION.—Subsection (b) effectively meeting, and structured to meet, paragraph (1)’’. of such section is amended— current and projected requirements for (b) PARTICIPANTS IN HEALTH PROFESSIONS (1) in paragraph (1), by striking ‘‘or’’ at the newly commissioned officers in the Armed SCHOLARSHIP AND FINANCIAL ASSISTANCE end; Forces. PROGRAM.—Section 2121(c) of such title is (2) in paragraph (2), by striking the period (2) The cost-effectiveness and unit produc- amended— at the end and inserting ‘‘; or’’; and tivity of the current Reserve Officers’ Train- (1) in paragraph (1), by striking the second (3) by adding at the end the following new ing Corps programs. sentence and inserting the following new paragraph: (3) The adequacy of current oversight and sentences: ‘‘Each person so commissioned ‘‘(3) if the Secretaries of the military de- criteria for unit closure for the Reserve Offi- shall be appointed as a reserve officer in the partments determine that the level of sup- cers’ Training Corps programs.

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(b) ELEMENTS.—The report required by sub- Memorandum, Joint Staff Review, dated (iv) The Air University. section (a) shall include, at a minimum, the July 16, 2012. The review shall include an ex- (v) The Air War College. following: amination of the analytical approach used (vi) The Marine Corp University. (1) A list of the units of the Reserve Offi- by the Council for that report, including the SEC. 563. TROOPS-TO-TEACHERS PROGRAM EN- cers’ Training Corps programs by Armed types of information considered, the cost HANCEMENTS. Force, and by college or university, and the savings identified, the benefits of options (a) MEMORANDUM OF AGREEMENT.—The Sec- number of cadets and midshipman currently considered, the time frames for implementa- retary of Defense and the Secretary of Edu- enrolled by class or year group. tion, and transparency. cation shall enter into a memorandum of (2) The number of officers commissioned in (2) REPORT.—Not later than 90 days after agreement pursuant to which the Secretary 2012 from the Reserve Officers’ Training receiving from the Director of Joint Force of Education will undertake the following: Corps programs, and the number projected to Development the report described in para- (1) Disseminate information about the be commissioned over the period of the cur- graph (1), the Comptroller General shall sub- Troops-to-Teachers Program to eligible rent future-years defense program under sec- mit to the Committees on Armed Services of schools (as defined in section 2301(3) of the tion 221 of title 10, United States Code, from the Senate and the House of Representatives Elementary and Secondary Education Act of each unit listed under paragraph (1). a report on the review under paragraph (1) of 1965 (20 U.S.C. 6671(3)), as added by subsection (3) An assessment of the requirements of the report described in that paragraph. The (b)(2)). each Armed Force for newly commissioned report of the Comptroller General under this (2) Advise the Department of Defense on officers in 2012 and the strategic planning re- paragraph shall set forth the following: how to prepare eligible members of the garding such requirements over the period of (A) The results of the review under para- Armed Forces described in section 2303(a) of the current future-years defense program. graph (1). such Act to become participants in the Pro- (4) The number of military and civilian (B) Such recommendations as the Comp- gram to meet the requirements necessary to personnel of the Department of Defense as- troller General considers appropriate in light become a teacher in an eligible school. signed to lead and manage Reserve Officers’ of the results of the review. (3) Advise the Department of Defense on Training Corps program units, and the (b) REPORT ON JOINT PROFESSIONAL MILI- how to identify teacher preparation pro- grades of the military personnel so assigned. TARY EDUCATION RESEARCH INSTITUTIONS.— grams for participants in the Program. (5) An assessment of Department of De- (1) REPORT REQUIRED.—Not later than Jan- (4) Inform the Department of Defense of fense-wide and Armed-Force specific stand- uary 31, 2014, the Comptroller General of the academic subject areas with critical teacher United States shall submit to the congres- shortages. ards regarding the productivity of Reserve sional defense committees a report setting (5) Identify geographic areas with critical Officers’ Training Corps program units, and forth the assessment by the Comptroller teacher shortages, especially in high-need an assessment of compliance with such General of the work performed by joint pro- schools (as defined in section 2301(4) of such standards. fessional military education research insti- Act, as added by subsection (b)(2)). (6) An assessment of the projected use by tutions in support of professional military (b) DEFINITIONS.—Section 2301 of the Ele- the Armed Forces of the procedures avail- education and the broader mission of the De- mentary and Secondary Education Act of able to the Armed Forces to respond to over- partment of Defense, the military depart- 1965 (20 U.S.C. 6671) is amended— ages in the number of cadets and mid- ments, and the Defense Agencies. (1) by redesignating paragraphs (2) through shipmen in the Reserve Officers’ Training (2) ELEMENTS.—The report required by (5) as paragraphs (5) through (8), respec- Corps programs. paragraph (1) shall include an assessment of tively; and (7) A description of the plans of the Armed the following: (2) by inserting after paragraph (1) the fol- Forces to retain or disestablish Reserve Offi- (A) The systems, mechanisms, and struc- lowing: cers’ Training Corps program units that do tures within the senior and intermediate ‘‘(2) CHARTER SCHOOL.—The term ‘charter not meet productivity standards. joint professional military education col- school’ has the meaning given that term in SEC. 561. REPORT ON DEPARTMENT OF DEFENSE leges and universities for oversight, govern- section 5210. EFFORTS TO STANDARDIZE EDU- ance, and management of the joint profes- ‘‘(3) ELIGIBLE SCHOOL.—The term ‘eligible CATIONAL TRANSCRIPTS ISSUED TO school’ means— SEPARATING MEMBERS OF THE sional military education research institu- ARMED FORCES. tions, including systems, mechanisms, and ‘‘(A) a public school, including a charter (a) REPORT REQUIRED.—Not later than 90 structures relating to the development of school, at which— days after the date of the enactment of this policies and budgets for research. ‘‘(i) at least 30 percent of the students en- Act, the Secretary of Defense shall submit to (B) The factors contributing to and the ex- rolled in the school are from families with the Committees on Armed Services of the tent of growth in the number and size of incomes below 185 percent of poverty level Senate and the House of Representatives a joint professional military education re- (as defined by the Office of Management and report on the efforts of the Department of search institutions since 2000. Budget and revised at least annually in ac- Defense to standardize the educational tran- (C) The causes and extent of cost growth at cordance with section 9(b)(1) of the Richard scripts issued to members of the Armed joint professional military education re- B. Russell National School Lunch Act (42 Forces on their separation from the Armed search institutions since 2000. U.S.C. 1758(b)(1)) applicable to a family of Forces. (D) The focus of research activity con- the size involved; or (b) ELEMENTS.—The report required by sub- ducted by the joint professional military ‘‘(ii) at least 13 percent of the students en- section (a) shall include the following: education research institutions, and the ex- rolled in the school qualify for assistance (1) A description of the similarities and dif- tent to which each joint professional mili- under part B of the Individuals with Disabil- ferences between the educational transcripts tary education research institution performs ities Education Act; or issued to members separating from the var- a unique research function or engages in ‘‘(B) a Bureau-funded school as defined in ious Armed Forces. similar or duplicative efforts with other section 1141 of the Education Amendments of (2) A description of any assessments done components or elements of the Department 1978 (25 U.S.C. 2021). by the Department, or in conjunction with of Defense. ‘‘(4) HIGH-NEED SCHOOL.—Except for pur- educational institutions, to identify short- (E) The measures of effectiveness used by poses of section 2304(d), the term ‘high-need comings in the transcripts issued to sepa- the joint professional military education re- school’ means— rating members in connection with their search institutions, the senior and inter- ‘‘(A) an elementary school or middle school ability to qualify for civilian educational mediate joint professional military edu- in which at least 50 percent of the enrolled credits. cation colleges and universities, and other students are children from low-income fami- (3) A description of the implementation oversight entities to evaluate the perform- lies, based on the number of children eligible plan for the Joint Services Transcript, in- ance of the joint professional military edu- for free and reduced priced lunches under the cluding a schedule and the elements of exist- cation research institutions in meeting es- Richard B. Russell National School Lunch ing educational transcripts to be incor- tablished goals or objectives. Act (42 U.S.C. 1751 et seq.), the number of porated into the Transcript. (3) DEFINITIONS.—In this subsection: children in families receiving assistance SEC. 562. COMPTROLLER GENERAL OF THE (A) The term ‘‘joint professional military under the State program funded under part UNITED STATES REPORTS ON JOINT education research institutions’’ means sub- A of title IV of the Social Security Act (42 PROFESSIONAL MILITARY EDU- ordinate organizations (including centers, U.S.C. 601 et seq.), the number of children el- CATION MATTERS. institutes, and schools) under the senior and igible to receive medical assistance under (a) REPORT ON REVIEW OF MILITARY EDU- intermediate joint professional military edu- the Medicaid program, or a composite of CATION COORDINATION COUNCIL REPORT.— cation colleges and universities for which re- these indicators; (1) REVIEW OF METHODOLOGY.—The Comp- search is the primary mission or reason for ‘‘(B) a high school in which at least 40 per- troller General of the United States shall re- existence. cent of enrolled students are children from view the methodology used by the Military (B) The term ‘‘senior and intermediate low-income families, which may be cal- Education Coordination Council in com- joint professional military education col- culated using comparable data from feeder piling the report on joint professional mili- leges and universities’’ means the following: schools; or tary education that is to be submitted to the (i) The National Defense University. ‘‘(C) a school that is in a local educational Director of Joint Force Development by (ii) The Army War College. agency that is eligible under section March 1, 2013, pursuant to the Joint Staff (iii) The Navy War College. 6211(b).’’.

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(c) PROGRAM AUTHORIZATION.—Section 2302 Subtitle G—Defense Dependents’ Education (i) in paragraph (1)— of the Elementary and Secondary Education and Military Family Readiness Matters (I) in the paragraph heading, by striking Act of 1965 (20 U.S.C. 6672(b)) is amended by SEC. 571. IMPACT AID FOR CHILDREN WITH SE- ‘‘FOR PRE-1995 RECIPIENTS’’; striking subsections (b) through (e) and in- VERE DISABILITIES. (II) in subparagraph (A), by striking ‘‘is el- serting the following: Of the amount authorized to be appro- igible’’ and all that follows through the pe- priated for fiscal year 2013 pursuant to sec- riod at the end and inserting ‘‘was eligible to ‘‘(b) PROGRAM AUTHORIZED.—The Secretary tion 301 and available for operation and receive a payment under this section for fis- may carry out a program (to be known as the maintenance for Defense-wide activities as cal year 2010.’’; and ‘Troops-to-Teachers Program’) to assist eli- specified in the funding table in section 4301, (III) in subparagraph (B), by striking ‘‘38 gible members of the Armed Forces de- $5,000,000 shall be available for payments percent’’ and all that follows through the pe- scribed in section 2303(a) to obtain certifi- under section 363 of the Floyd D. Spence Na- riod at the end and inserting ‘‘90 percent of cation or licensing as elementary school tional Defense Authorization Act for Fiscal the average payment the local educational teachers, secondary school teachers, or voca- Year 2001 (as enacted into law by Public Law agency received in 2006, 2007, 2008, and 2009.’’; tional or technical teachers to meet the re- 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). and quirements necessary to become a teacher in SEC. 572. CONTINUATION OF AUTHORITY TO AS- (ii) by striking paragraphs (2) through (4) an eligible school.’’. SIST LOCAL EDUCATIONAL AGEN- and inserting the following: CIES THAT BENEFIT DEPENDENTS ‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU- (d) YEARS OF SERVICE REQUIREMENTS.—Sec- OF MEMBERS OF THE ARMED CATIONAL AGENCIES DETERMINED ELIGIBLE tion 2303(a)(2)(A)(i) of the Elementary and FORCES AND DEPARTMENT OF DE- AFTER FISCAL YEAR 2010.— Secondary Education Act of 1965 (20 U.S.C. FENSE CIVILIAN EMPLOYEES. ‘‘(A) FIRST YEAR.—From any amounts re- 6673(a)(2)(A)(i)) is amended by striking ‘‘6 or (a) ASSISTANCE TO SCHOOLS WITH SIGNIFI- maining after making payments under para- more years’’ and inserting ‘‘4 or more years’’. CANT NUMBERS OF MILITARY DEPENDENT STU- graph (1) and subsection (i)(1) for the fiscal DENTS.—Of the amount authorized to be ap- year involved, the Secretary shall make a (e) PARTICIPATION AGREEMENT.— propriated for fiscal year 2013 by section 301 (1) AMENDMENT.—Section 2304 of the Ele- payment, in an amount determined in ac- and available for operation and maintenance cordance with subparagraph (C), to each mentary and Secondary Education Act of for Defense-wide activities as specified in the 1965 (20 U.S.C. 6674) is amended— local educational agency that the Secretary funding table in section 4301, $25,000,000 shall determines eligible for a payment under this (A) by striking paragraph (1) of subsection be available only for the purpose of providing (a) and inserting the following: section for a fiscal year after fiscal year 2010, assistance to local educational agencies for the fiscal year for which such agency was ‘‘(1) IN GENERAL.—An eligible member of under subsection (a) of section 572 of the Na- determined eligible for such payment. the Armed Forces selected to participate in tional Defense Authorization Act for Fiscal the Program under section 2303 and to re- ‘‘(B) SECOND AND SUCCEEDING YEARS.—For Year 2006 (Public Law 109–163; 20 U.S.C. any succeeding fiscal year after the first fis- ceive financial assistance under this section 7703b). cal year that a local educational agency re- shall be required to enter into an agreement (b) LOCAL EDUCATIONAL AGENCY DEFINED.— ceives a foundation payment under subpara- with the Secretary in which the member In this section, the term ‘‘local educational graph (A), the amount of the local edu- agrees— agency’’ has the meaning given that term in cational agency’s foundation payment under ‘‘(A) within such time as the Secretary section 8013(9) of the Elementary and Sec- this paragraph for such succeeding fiscal may require, to obtain certification or li- ondary Education Act of 1965 (20 U.S.C. year shall be equal to the local educational censing as an elementary school teacher, 7713(9)). agency’s foundation payment under this secondary school teacher, or vocational or SEC. 573. AMENDMENTS TO THE IMPACT AID paragraph for the first fiscal year. technical teacher to meet the requirements PROGRAM. ‘‘(C) AMOUNTS.—The amount of a payment necessary to become a teacher in an eligible (a) SHORT TITLE.—This section may be under subparagraph (A) for a local edu- school; and cited as the ‘‘Impact Aid Improvement Act cational agency shall be determined as fol- ‘‘(B) to accept an offer of full-time employ- of 2012’’. lows: ment as an elementary school teacher, sec- (b) AMENDMENTS TO THE IMPACT AID PRO- ‘‘(i) Calculate the local educational agen- ondary school teacher, or vocational or tech- GRAM.—Title VIII of the Elementary and cy’s maximum payment under subsection (b). nical teacher for not less than 3 school years Secondary Education Act of 1965 (20 U.S.C. ‘‘(ii) Calculate the percentage that the in an eligible school, to begin the school year 7701 et seq.) is amended— amount appropriated under section 8014(a) after obtaining that certification or licens- (1) in section 8002 (20 U.S.C. 7702)— for the most recent fiscal year for which the ing.’’; and (A) in subsection (b)— Secretary has completed making payments (B) by striking subsection (f) and inserting (i) in paragraph (2), by striking ‘‘aggregate under this section is of the total maximum the following: assessed’’ and inserting ‘‘estimated taxable’’; payments for such fiscal year for all local ‘‘(f) REIMBURSEMENT UNDER CERTAIN CIR- and educational agencies eligible for a payment CUMSTANCES.—A participant who is paid a (ii) by striking paragraph (3) and inserting under subsection (b) and multiply the agen- stipend or bonus shall be subject to the re- the following: cy’s maximum payment by such percentage. payment provisions of section 373 of title 37, ‘‘(3) DETERMINATION OF TAXABLE VALUE FOR ‘‘(iii) Multiply the amount determined United States Code under the following cir- ELIGIBLE FEDERAL PROPERTY.— under clause (ii) by 90 percent. ‘‘(A) IN GENERAL.—In determining the esti- cumstances: ‘‘(3) REMAINING FUNDS.—From any funds re- mated taxable value of such acquired Fed- maining after making payments under para- ‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR eral property for fiscal year 2010 and each graphs (1) and (2) for the fiscal year involved, EMPLOYMENT.—The participant fails to ob- succeeding fiscal year, the Secretary shall— the Secretary shall make a payment to each tain teacher certification or licensing or to ‘‘(i) first determine the total taxable value local educational agency that received a meet the requirements necessary to become for the purpose of levying property tax for foundation payment under paragraph (1) or a teacher in an eligible school or to obtain school purposes for current expenditures of (2) or subsection (i)(1), for the fiscal year in- employment as an elementary school teach- real property located within the boundaries volved in an amount that bears the same reer, secondary school teacher, or vocational of such local educational agency; lation to the remainder as a percentage or technical teacher as required by the par- ‘‘(ii) then determine the total taxable share determined for the local educational ticipation agreement. value of the eligible Federal property by di- agency (by dividing the maximum amount ‘‘(2) TERMINATION OF EMPLOYMENT.—The viding the total taxable value as determined that the agency is eligible to receive under participant voluntarily leaves, or is termi- in clause (i) by the difference between the subsection (b) by the total of the maximum nated for cause from, employment as an ele- total acres located within the boundaries of amounts for all such agencies) bears to the mentary school teacher, secondary school the local educational agency and the number percentage share determined (in the same teacher, or vocational or technical teacher of Federal acres eligible under this section; manner) for all local educational agencies el- during the 3 years of required service in vio- and igible to receive a payment under this sec- lation of the participation agreement. ‘‘(iii) multiply the per acre value as cal- tion for the fiscal year involved, except that, ‘‘(3) FAILURE TO COMPLETE SERVICE UNDER culated under clause (ii) by the number of for the purpose of calculating a local edu- RESERVE COMMITMENT AGREEMENT.—The par- Federal acres eligible under this section. cational agency’s maximum amount under ticipant executed a written agreement with ‘‘(B) SPECIAL RULE.—In the case of Federal subsection (b), data from the most current the Secretary concerned under section property eligible under this section that is fiscal year shall be used.’’; and 2303(e)(2) to serve as a member of a reserve within the boundaries of 2 or more local edu- (C) in subsection (i)(1), by striking ‘‘the component of the Armed Forces for a period cational agencies, such a local educational Secretary shall use the remainder described of 3 years and fails to complete the required agency may ask the Secretary to calculate in subsection (h)(3) for the fiscal year in- term of service.’’. the per acre value of each such local edu- volved’’ and inserting ‘‘the Secretary shall (f) EFFECTIVE DATE.—The amendments cational agency as provided under subpara- use amounts remaining after making pay- made by subsections (b) through (e) shall graph (A) and apply the average of these per ments under subsection (h)(1) for the fiscal take effect on the first day of the first acre values to the acres of the Federal prop- year involved’’; month beginning more than 90 days after the erty in such agency.’’; (2) in section 8003(a)(4) (20 U.S.C. date of the enactment of this Act. (B) in subsection (h)— 7703(a)(4))—

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7489 (A) in the paragraph heading, by striking ‘‘(C) for a member of a reserve component competitive appointment of certain military ‘‘RENOVATION OR REBUILDING’’ and inserting (as described in section 10101 of title 10), does spouses) in accordance with the amendment ‘‘RENOVATION, REBUILDING, OR AUTHORIZED not include training duties or attendance at made by subsection (a) and promulgate or FOR DEMOLITION’’; a service school; amend any other regulations necessary to (B) in subparagraph (A), by striking ‘‘ren- ‘‘(2) the term ‘agency’— carry out the amendment made by sub- ovation or rebuilding’’ both places the term ‘‘(A) has the meaning given the term ‘Ex- section (a). appears and inserting ‘‘renovation, rebuild- ecutive agency’ in section 105; and (c) TECHNICAL AND CONFORMING AMEND- ing, or authorized for demolition’’; ‘‘(B) does not include the Government Ac- MENT.—The table of sections for chapter 33 of (C) in subparagraph (B)— countability Office; title 5, United States Code, is amended by in- (i) by striking ‘‘renovation or rebuilding’’ ‘‘(3) the term ‘geographic area of the per- serting after the item relating to section each place the term appears and inserting manent duty station’ means the area from 3330c the following: ‘‘renovation, rebuilding, or authorized for which individuals reasonably can be ex- demolition’’; and pected to travel daily to and from work at ‘‘3330d. Appointment of certain military (ii) in clause (i)(I), by striking ‘‘3 fiscal the location of a member’s permanent duty spouses.’’. years’’ and inserting ‘‘4 fiscal years (which station; SEC. 575. MODIFICATION OF AUTHORITY TO are not required to run consecutively)’’; and ‘‘(4) the term ‘permanent change of sta- ALLOW DEPARTMENT OF DEFENSE (iii) in clause (ii)(I), by striking ‘‘3 fiscal tion’ means the assignment, detail, or trans- DOMESTIC DEPENDENT ELEMEN- years’’ and inserting ‘‘4 fiscal years (which fer of a member of the Armed Forces who is TARY AND SECONDARY SCHOOLS TO are not required to run consecutively)’’; and on active duty and serving at a permanent ENROLL CERTAIN STUDENTS. (D) by adding at the end the following: duty station under a competent authoriza- Section 2164 of title 10, United States Code, ‘‘(C) ELIGIBLE HOUSING.—Renovation, re- tion or order that does not— is amended by adding at the end the fol- building, or authorized for demolition shall ‘‘(A) specify the duty as temporary; lowing new subsections: ‘‘(B) provide for assignment, detail, or be defined as projects considered as recapi- ‘‘(k) TUITION-FREE ENROLLMENT IN DOMES- transfer, after that different permanent duty talization, modernization, or restoration as TIC DEPENDENT SCHOOLS FOR CERTAIN OVER- station, to a further different permanent defined by the Secretary of Defense or the SEAS DEPENDENTS.—Tuition-free enrollment Secretary of the Interior (as the case may duty station; or in the domestic dependent elementary and be) and are projects that last more than 30 ‘‘(C) direct return to the initial permanent secondary schools is authorized for depend- days, but do not include ‘sustainment duty station; ents who are currently enrolled in the de- projects’ such as painting, carpeting, or ‘‘(5) the term ‘relocating spouse of a mem- fense dependents’ education school system minor repairs.’’; and ber of the Armed Forces’ means an indi- pursuant to the Defense Dependents’ Edu- (3) in section 8010 (20 U.S.C. 7710)— vidual who— cation Act of 1978 (20 U.S.C. 921 et seq.) if— (A) in subsection (c)— ‘‘(A) is married to a member of the Armed ‘‘(1) such dependents departed their over- (i) in paragraph (1), by striking ‘‘paragraph Forces (without regard to whether the indi- seas location due to an authorized departure (3) of this subsection’’ both places the term vidual married the member before a perma- or evacuation order; appears and inserting ‘‘paragraph (2)’’; and nent change of station of the member) who is ‘‘(2) the designated safe haven of such de- (ii) in paragraph (2)(E), by striking ‘‘under ordered to active duty for a period of more pendents is located within commuting dis- section 8003(b)’’ and all that follows through than 180 consecutive days; tance of a school operated by the domestic the period at the end and inserting ‘‘under ‘‘(B) relocates to the member’s permanent dependent elementary and secondary this title.’’; and duty station; and schools; and (B) by adding at the end the following: ‘‘(C) before relocating as described in sub- ‘‘(3) the school concerned already possesses ‘‘(d) TIMELY PAYMENTS.— paragraph (B), resided outside the geographic the capacity and resources for such depend- ‘‘(1) IN GENERAL.—Subject to paragraph (2), area of the permanent duty station; and ents to attend the school. the Secretary shall pay a local educational ‘‘(6) the term ‘spouse of a disabled or de- ‘‘(l) TUITION-PAYING ENROLLMENT IN VIR- agency the full amount that the agency is el- ceased member of the Armed Forces’ means TUAL ELEMENTARY AND SECONDARY EDU- igible to receive under this title for a fiscal an individual— CATION PROGRAM FOR CERTAIN DEPENDENTS year not later than September 30 of the sec- ‘‘(A) who is married to a member of the TRANSITIONING FROM OVERSEAS.—Under regu- ond fiscal year following the fiscal year for Armed Forces who— lations prescribed by the Secretary, tuition- which such amount has been appropriated if, ‘‘(i) is retired, released, or discharged from paying enrollment in the virtual elementary not later than 1 calendar year following the the Armed Forces; and and secondary education program of the De- fiscal year in which such amount has been ‘‘(ii) on the date on which the member re- partment for dependents of members of the appropriated, such local educational agency tires, is released, or is discharged, has a dis- armed forces on active duty is authorized submits to the Secretary all the data and inability rating of 100 percent under the stand- when such dependents— formation necessary for the Secretary to pay ard schedule of rating disabilities in use by ‘‘(1) transition from an overseas defense de- the full amount that the agency is eligible to the Department of Veterans Affairs; or pendents’ education system school into a receive under this title for such fiscal year. ‘‘(B) who— school operated by a local educational agen- ‘‘(2) PAYMENTS WITH RESPECT OF FISCAL ‘‘(i) was married to a member of the Armed cy or another accredited educational pro- YEARS IN WHICH INSUFFICIENT FUNDS ARE AP- Forces on the date on which the member dies gram in the United States, and PROPRIATED.—For a fiscal year in which the while on active duty in the Armed Forces; ‘‘(2) are not otherwise eligible to enroll in amount appropriated under section 8014 is in- and a domestic dependent elementary or sec- sufficient to pay the full amount a local edu- ‘‘(ii) has not remarried. ondary school pursuant to subsection (a).’’. cational agency is eligible to receive under ‘‘(b) AUTHORITY.—The head of an agency this title, paragraph (1) shall be applied by may appoint noncompetitively a relocating SEC. 576. SENSE OF CONGRESS REGARDING SUP- substituting ‘is available to pay the agency’ spouse of a member of the Armed Forces or PORT FOR YELLOW RIBBON DAY. a spouse of a disabled or deceased member of for ‘the agency is eligible to receive’ both (a) FINDINGS.—Congress makes the fol- the Armed Forces. places the term appears.’’. lowing findings: ‘‘(c) RELOCATING SPOUSES.— (c) EFFECTIVE DATE.—Notwithstanding sec- (1) The hopes and prayers of the people of ‘‘(1) IN GENERAL.—An appointment of a re- tion 8005(d) of the Elementary and Secondary the United States for the safe return of Education Act of 1965 (20 U.S.C. 7705(d)), sub- locating spouse of a member of the Armed Forces under this section may only be to a members of the Armed Forces of the United section (b)(1), and the amendments made by States serving overseas are often dem- subsection (b)(1), shall take effect with re- position the duty station for which is within the geographic area of the permanent duty onstrated through the proud display of yel- spect to applications submitted under sec- low ribbons. tion 8002 of the Elementary and Secondary station of the member of the Armed Forces, unless there is no agency with a position (2) The designation of a ‘‘Yellow Ribbon Education Act of 1965 (20 U.S.C. 7702) for fis- Day’’ would serve as an additional reminder cal year 2010. with a duty station within the geographic area of the permanent duty station of the for all people of the United States of the con- SEC. 574. MILITARY SPOUSES. member of the Armed Forces. tinued sacrifice of members of the Armed (a) IN GENERAL.—Subchapter I of chapter Forces. ‘‘(2) SINGLE APPOINTMENT PER DUTY STA- 33 of title 5, United States Code, is amended (3) Yellow Ribbon Day would also recognize TION.—A relocating spouse of a member of by adding at the end the following: the Armed Forces may not receive more the history and meaning of the yellow ribbon ‘‘§ 3330d. Appointment of certain military than 1 appointment under this section for as the symbol of support for members of the spouses each time the spouse relocates as described Armed Forces and other individuals of the ‘‘(a) DEFINITIONS.—In this section— in subparagraphs (B) and (C) of subsection United States who are serving in combat or ‘‘(1) the term ‘active duty’— (a)(5).’’. crisis situations overseas. ‘‘(A) has the meaning given that term in (b) REGULATIONS.—Not later than 180 after (b) SENSE OF CONGRESS.—Congress supports section 101(d)(1) of title 10; the date of enactment of this Act, the Direc- the goals and ideals of Yellow Ribbon Day in ‘‘(B) includes full-time National Guard tor of the Office of Personnel Management honor of members of the Armed Forces of the duty (as defined in section 101(d)(5) of title shall amend section 315.612 of title 5, Code of United States who are serving overseas apart 10); and Federal Regulations (relating to non- from their families and loved ones.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7490 CONGRESSIONAL RECORD — SENATE December 5, 2012 SEC. 577. REPORT ON FUTURE OF FAMILY SUP- support under the provisions of section 6305 SEC. 585. POSTHUMOUS HONORARY PROMOTION PORT PROGRAMS OF THE DEPART- of title 31.’’. OF SERGEANT PASCHAL CONLEY TO MENT OF DEFENSE. (2) CLERICAL AMENDMENT.—The table of SECOND LIEUTENANT IN THE ARMY. (a) REPORT REQUIRED.—Not later than 180 sections at the beginning of chapter 155 of Notwithstanding the time limitation speci- days after the date of the enactment of this such title is amended by adding at the end fied in section 1521 of title 10, United States Act, the Secretary of Defense shall submit to the following new item: Code, or any other time limitation with re- the congressional defense committees a respect to posthumous promotions for persons port on the anticipated future of the family ‘‘2615. Military museums and military edu- who served in the Armed Forces, the Presi- support programs of the Department of De- cation programs: cooperative dent is authorized to issue an appropriate fense during the five-year period beginning agreements for receipt of sup- posthumous honorary commission promoting on the date of the submittal of the report as port from nonprofit entities.’’. to second lieutenant in the Army under sec- end strengths for the Armed Forces are re- SEC. 583. CLARIFICATION OF AUTHORIZED FISH- tion 1521 of such title Sergeant (retired) Pas- duced and the Armed Forces are drawn down ER HOUSE RESIDENTS AT THE FISH- chal Conley, a distinguished Buffalo Soldier from combat operations in Afghanistan. ER HOUSE FOR THE FAMILIES OF who was recommended for promotion to sec- (b) ELEMENTS.—The report required by sub- THE FALLEN AND MEDITATION PA- ond lieutenant under then-existing proce- section (a) shall include the following: VILION AT DOVER AIR FORCE BASE, dures by General John J. Pershing. DELAWARE. (1) A description of the current family sup- TITLE VI—COMPENSATION AND OTHER (a) TREATMENT OF FISHER HOUSE FOR THE port programs of each of the Armed Forces PERSONNEL BENEFITS and the Department of Defense, including FAMILIES OF THE FALLEN AND MEDITATION PA- Subtitle A—Pay and Allowances the name, scope and intended purpose of VILION.—Subsection (a) of section 2493 of title each program. 10, United States Code, is amended— SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR ARMY NATIONAL (2) An assessment of the current costs of (1) in paragraph (1)— (A) in subparagraph (B), by striking ‘‘by GUARD AND AIR NATIONAL GUARD the family support programs covered by MEMBERS ON FULL-TIME NATIONAL paragraph (1), and an estimate of the costs of patients’’ and all that follows through ‘‘such GUARD DUTY. anticipated family support programs of the patients;’’ and inserting ‘‘by authorized Section 403(g) of title 37, United States Department over the period covered by the Fisher House residents;’’; and Code, is amended by adding at the end the report. (B) by adding after subparagraph (C) the following new paragraph: (3) An assessment of the costs and other following new flush sentence: ‘‘(6)(A) The rate of basic allowance for consequences associated with the elimi- ‘‘The term includes the Fisher House for the housing to be paid to a member of the Army nation or reduction of any current family Families of the Fallen and Meditation Pavil- National Guard of the United States or the support programs of the Department over ion at Dover Air Force Base, Delaware, so Air National Guard of the United States on the period covered by the report. long as such facility is available for residen- full-time National Guard duty shall be based (4) An assessment by the Secretary of the tial use on a temporary basis by authorized on the member’s duty location. Army of the Family Readiness Support As- Fisher House residents.’’; and ‘‘(B)(i) The rate of basic allowance for sistant program, and a description of any (2) by adding at the end the following new housing to be paid a member described in planned or anticipated changes to that pro- paragraph: subparagraph (A) may not be modified upon gram over the period covered by the report. ‘‘(3) The term ‘authorized Fisher House the transition of the member from active residents’ means the following: Subtitle H—Other Matters duty to full-time National Guard duty, or ‘‘(A) With respect to a facility described in from full-time National Guard duty to active SEC. 581. FAMILY BRIEFINGS CONCERNING AC- the first sentence of paragraph (1) that is lo- duty, when the transition occurs without a COUNTINGS FOR MEMBERS OF THE cated in proximity to a health care facility ARMED FORCES AND DEPARTMENT break in active service, unless the transition OF DEFENSE CIVILIAN EMPLOYEES of the Army, the Air Force, or the Navy, the results in a permanent change of station and LISTED AS MISSING. following persons: shipment of household goods. Section 1501(a)(1) of title 10, United States ‘‘(i) Patients of that health care facility. ‘‘(ii) For purposes of this subparagraph, a Code, is amended— ‘‘(ii) Members of the families of such pa- break in active service occurs when one or (1) in subparagraph (B), by striking ‘‘and’’ tients. more calendar days between active service at the end; ‘‘(iii) Others providing the equivalent of fa- periods do not qualify as active service.’’. (2) in subparagraph (C), by striking the pe- milial support for such patients. SEC. 602. PAYMENT OF BENEFIT FOR NON- riod at the end and inserting ‘‘; and’’; and ‘‘(B) With respect to the Fisher House for PARTICIPATION OF ELIGIBLE MEM- (3) by adding at the end the following new Families of the Fallen and Meditation Pavil- BERS IN POST-DEPLOYMENT/MOBILI- subparagraph: ion at Dover Air Force Base, Delaware, the ZATION RESPITE ABSENCE PRO- ‘‘(D) coordination of periodic briefing of following persons: GRAM DUE TO GOVERNMENT ERROR. families of missing persons about the efforts ‘‘(i) The primary next of kin of a member (a) PAYMENT OF BENEFIT.— of the Department of Defense to account for of the armed forces who dies while located or (1) IN GENERAL.—Subject to subsection (e), those persons.’’. serving overseas. ‘‘(ii) Other family members of the deceased the Secretary concerned shall, upon applica- SEC. 582. ENHANCEMENT OF AUTHORITY TO AC- tion therefor, make a payment to each indi- CEPT GIFTS AND SERVICES. member who are eligible for transportation vidual described in paragraph (2) of $200 for (a) ACTIVITIES BENEFITTING EDUCATION AS under section 411f(e) of title 37. each day of nonparticipation of such indi- SERVICES SUBJECT TO ACCEPTANCE.—Section ‘‘(iii) An escort of a family member de- vidual in the Post-Deployment/Mobilization 2601(i)(2) of title 10, United States Code, is scribed in clause (i) or (ii).’’. Respite Absence program as described in amended by inserting ‘‘education,’’ before (b) CONFORMING AMENDMENTS.—Sub- that paragraph. ‘‘morale,’’. sections (b), (e), (f), and (g) of such section (2) COVERED INDIVIDUALS.—An individual (b) ACCEPTANCE OF VOLUNTARY SERVICES IN are amended by striking ‘‘health care’’ each described in this paragraph is an individual CONNECTION WITH ACCOUNTING FOR MISSING place it appears. who— PERSONS.—Section 1588(a) of such title is (c) REPEAL OF SUPERSEDED AUTHORITY.— (A) was eligible for participation as a amended by adding at the end the following Section 643 of the National Defense Author- member of the Armed Forces in the Post-De- new paragraph: ization Act for Fiscal Year 2012 (Public Law ployment/Mobilization Respite Absence pro- ‘‘(9) Voluntary services to facilitate ac- 112–81; 125 Stat. 1466) is repealed. gram; but counting for missing persons.’’. SEC. 584. REPORT ON ACCURACY OF DATA IN THE (B) as determined by the Secretary con- (c) AUTHORITY FOR COOPERATIVE AGREE- DEFENSE ENROLLMENT ELIGIBILITY cerned pursuant to an application for the MENTS FOR ACCEPTANCE BY MILITARY MUSE- REPORTING SYSTEM. correction of the military records of such in- UMS AND EDUCATION PROGRAMS OF NONPROFIT Not later than 90 days after the date of the dividual pursuant to section 1552 of title 10, SUPPORT.— enactment of this Act, the Secretary of De- United States Code, did not participate in (1) IN GENERAL.—Chapter 155 of such title is fense shall submit to the Committees on one or more days in the program for which amended by adding at the end the following Armed Services of the Senate and the House the individual was so eligible due to Govern- new section: of Representatives a plan to improve the ment error. ‘‘§ 2615. Military museums and military edu- completeness and accuracy of the data con- (b) DECEASED INDIVIDUALS.— cation programs: cooperative agreements tained in the Defense Enrollment Eligibility (1) APPLICATIONS.—If an individual other- for receipt of support from nonprofit enti- Reporting System (DEERS) in order to pro- wise covered by subsection (a) is deceased, ties vide for the standardization of identification the application required by that subsection ‘‘The Secretary concerned may enter into credentials required for eligibility, enroll- shall be made by the individual’s legal rep- a cooperative agreement (as described in sec- ment, transactions, and updates across all resentative. tion 6305 of title 31) with a nonprofit entity Department of Defense installations and to (2) PAYMENT.—If an individual to whom for purposes related to support of a military ensure that those issued military identifica- payment would be made under subsection (a) educational institution program or military tion cards and receiving benefits based on is deceased at time of payment, payment museum program if a cooperative agreement such data are actually eligible for such cards shall be made in the manner specified in sec- is the appropriate mechanism to obtain such and benefits. tion 1552(c)(2) of title 10, United States Code.

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(c) PAYMENT IN LIEU OF ADMINISTRATIVE (1) Section 302c–1(f), relating to accession SEC. 616. INCREASE IN AMOUNT OF OFFICER AF- ABSENCE.—Payment under subsection (a) and retention bonuses for psychologists. FILIATION BONUS FOR OFFICERS IN with respect to a day described in that sub- (2) Section 302d(a)(1), relating to accession THE SELECTED RESERVE. section shall be in lieu of any entitlement of bonus for registered nurses. Section 308j(d) of title 37, United States the individual concerned to a day of adminis- (3) Section 302e(a)(1), relating to incentive Code, is amended by striking ‘‘$10,000’’ and trative absence for such day. special pay for nurse anesthetists. inserting ‘‘$20,000’’. (d) CONSTRUCTION.— (4) Section 302g(e), relating to special pay SEC. 617. INCREASE IN MAXIMUM AMOUNT OF IN- (1) CONSTRUCTION WITH OTHER PAY.—Any for Selected Reserve health professionals in CENTIVE BONUS FOR RESERVE COM- payment with respect to an individual under critically short wartime specialties. PONENT MEMBERS WHO CONVERT subsection (a) is in addition to any other pay MILITARY OCCUPATIONAL SPE- (5) Section 302h(a)(1), relating to accession CIALTY TO EASE PERSONNEL provided by law. bonus for dental officers. SHORTAGES. (2) CONSTRUCTION OF AUTHORITY.—It is the (6) Section 302j(a), relating to accession Section 326(c)(1) of title 37, United States sense of Congress that— bonus for pharmacy officers. Code, is amended by striking ‘‘, in the case (A) the sole purpose of the authority in (7) Section 302k(f), relating to accession of’’ the first place it appears and all that fol- this section is to remedy administrative er- bonus for medical officers in critically short lows through ‘‘reserve component of the rors; and wartime specialties. armed forces’’. (B) the authority in this section is not in- (8) Section 302l(g), relating to accession Subtitle C—Travel and Transportation tended to establish any entitlement in con- bonus for dental specialist officers in criti- Allowances nection with the Post-Deployment/Mobiliza- cally short wartime specialties. SEC. 631. PERMANENT CHANGE OF STATION AL- tion Respite Absence program. SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY LOWANCES FOR MEMBERS OF SE- (e) OFFSET.—The Secretary of Defense AND BONUS AUTHORITIES FOR NU- LECTED RESERVE UNITS FILLING A CLEAR OFFICERS. shall transfer $2,000,000 from the unobligated VACANCY IN ANOTHER UNIT AFTER balances of the Pentagon Reservation Main- The following sections of title 37, United BEING INVOLUNTARILY SEPARATED. tenance Revolving Fund established under States Code, are amended by striking ‘‘De- (a) TRAVEL AND TRANSPORTATION ALLOW- section 2674(e) of title 10, United States Code, cember 31, 2012’’ and inserting ‘‘December 31, ANCES GENERALLY.—Section 474 of title 37, to the Miscellaneous Receipts Fund of the 2013’’: United States Code, is amended— United States Treasury. (1) Section 312(f), relating to special pay (1) in subsection (a)— (f) DEFINITIONS.—In this section, the terms for nuclear-qualified officers extending pe- (A) in paragraph (4), by striking ‘‘and’’ at ‘‘Post-Deployment/Mobilization Respite Ab- riod of active service. the end; sence program’’ and ‘‘Secretary concerned’’ (2) Section 312b(c), relating to nuclear ca- (B) in paragraph (5), by striking the period have the meaning given such terms in sec- reer accession bonus. at the end and inserting ‘‘; and’’; and tion 604(f) of the National Defense Authoriza- (3) Section 312c(d), relating to nuclear ca- (C) by adding at the end the following new tion Act for Fiscal Year 2010 (Public Law reer annual incentive bonus. paragraph: 111–84; 123 Stat. 2350). SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES ‘‘(6) upon filling a vacancy in a Selected RELATING TO TITLE 37 CONSOLI- SEC. 603. EXTENSION OF AUTHORITY TO PRO- Reserve unit at a duty station that is more VIDE TEMPORARY INCREASE IN DATED SPECIAL PAY, INCENTIVE RATES OF BASIC ALLOWANCE FOR PAY, AND BONUS AUTHORITIES. than 150 miles from the member’s residence HOUSING UNDER CERTAIN CIR- The following sections of title 37, United if— CUMSTANCES. States Code, are amended by striking ‘‘De- ‘‘(A) during the preceding three years the Section 403(b)(7)(E) of title 37, United cember 31, 2012’’ and inserting ‘‘December 31, member was involuntarily separated under States Code, is amended by striking ‘‘Decem- 2013’’: other than adverse conditions (as character- ber 31, 2012’’ and inserting ‘‘December 31, (1) Section 331(h), relating to general bonus ized by the Secretary concerned) while as- 2013’’. authority for enlisted members. signed to a unit of the Selected Reserve cer- Subtitle B—Bonuses and Special and (2) Section 332(g), relating to general bonus tified by the Secretary concerned as having Incentive Pays authority for officers. been adversely affected by force structure re- SEC. 611. ONE-YEAR EXTENSION OF CERTAIN (3) Section 333(i), relating to special bonus ductions during the period beginning on Oc- BONUS AND SPECIAL PAY AUTHORI- and incentive pay authorities for nuclear of- tober 1, 2012, and ending on December 31, TIES FOR RESERVE FORCES. ficers. 2018; The following sections of title 37, United (4) Section 334(i), relating to special avia- ‘‘(B) the involuntary separation occurred States Code, are amended by striking ‘‘De- tion incentive pay and bonus authorities for during the period beginning on October 1, cember 31, 2012’’ and inserting ‘‘December 31, officers. 2012, and ending on December 31, 2018; and 2013’’: (5) Section 335(k), relating to special bonus ‘‘(C) the member is— (1) Section 308b(g), relating to Selected Re- and incentive pay authorities for officers in ‘‘(i) qualified in a skill designated as criti- serve reenlistment bonus. health professions. cally short by the Secretary concerned; or (2) Section 308c(i), relating to Selected Re- (6) Section 351(h), relating to hazardous ‘‘(ii) filling a vacancy in a Selected Re- serve affiliation or enlistment bonus. duty pay. serve unit with a critical manpower short- (3) Section 308d(c), relating to special pay (7) Section 352(g), relating to assignment age, or in a pay grade with a critical man- for enlisted members assigned to certain pay or special duty pay. power shortage in such unit.’’; high-priority units. (8) Section 353(i), relating to skill incen- (2) in subsection (f), by adding at the end (4) Section 308g(f)(2), relating to Ready Re- tive pay or proficiency bonus. the following new paragraph: serve enlistment bonus for persons without (9) Section 355(h), relating to retention in- ‘‘(4)(A) A member may be provided travel prior service. centives for members qualified in critical and transportation allowances under sub- (5) Section 308h(e), relating to Ready Re- military skills or assigned to high priority section (a)(6) only with respect to the filling serve enlistment and reenlistment bonus for units. of a vacancy in a Selected Reserve unit one persons with prior service. SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES time. (6) Section 308i(f), relating to Selected Re- RELATING TO PAYMENT OF OTHER ‘‘(B) Regulations under this section shall serve enlistment and reenlistment bonus for TITLE 37 BONUSES AND SPECIAL provide that whenever travel and transpor- persons with prior service. PAYS. tation allowances are paid under subsection (7) Section 910(g), relating to income re- The following sections of title 37, United (a)(6), the cost shall be borne by the unit fill- States Code, are amended by striking ‘‘De- placement payments for reserve component ing the vacancy.’’; and cember 31, 2012’’ and inserting ‘‘December 31, members experiencing extended and frequent (3) in subsection (j), by striking ‘‘In this’’ 2013’’: mobilization for active duty service. and inserting ‘‘Other than in subsection (1) Section 301b(a), relating to aviation of- (a)(6), in this’’. SEC. 612. ONE-YEAR EXTENSION OF CERTAIN ficer retention bonus. BONUS AND SPECIAL PAY AUTHORI- (b) TRAVEL AND TRANSPORTATION ALLOW- TIES FOR HEALTH CARE PROFES- (2) Section 307a(g), relating to assignment ANCES FOR DEPENDENTS AND HOUSEHOLD EF- SIONALS. incentive pay. FECTS.—Section 476 of such title is amend- (a) TITLE 10 AUTHORITIES.—The following (3) Section 308(g), relating to reenlistment ed— sections of title 10, United States Code, are bonus for active members. (1) by redesignating subsections (l), (m), amended by striking ‘‘December 31, 2012’’ and (4) Section 309(e), relating to enlistment and (n) as subsections (m), (n), and (o); and inserting ‘‘December 31, 2013’’: bonus. (2) by inserting after subsection (k) the fol- (1) Section 2130a(a)(1), relating to nurse of- (5) Section 324(g), relating to accession lowing new subsection (l) ficer candidate accession program. bonus for new officers in critical skills. ‘‘(l)(1) A member described in paragraph (2) (2) Section 16302(d), relating to repayment (6) Section 326(g), relating to incentive is entitled to the travel and transportation of education loans for certain health profes- bonus for conversion to military occupa- allowances, including allowances with re- sionals who serve in the Selected Reserve. tional specialty to ease personnel shortage. spect to dependents, authorized by this sec- (b) TITLE 37 AUTHORITIES.—The following (7) Section 327(h), relating to incentive tion upon filling a vacancy as described in sections of title 37, United States Code, are bonus for transfer between armed forces. that paragraph as if the member were under- amended by striking ‘‘December 31, 2012’’ and (8) Section 330(f), relating to accession going a permanent change of station under inserting ‘‘December 31, 2013’’: bonus for officer candidates. orders in filling such vacancy.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7492 CONGRESSIONAL RECORD — SENATE December 5, 2012 ‘‘(2) A member described in this paragraph ‘‘(6) Such other categories of individuals as (2) in subparagraph (C)(ii), by inserting is a member who is filling a vacancy in a Se- the Secretary, in the discretion of the Sec- after ‘‘insurable dependent of the member’’ lected Reserve unit at a duty station that is retary, considers appropriate. the following: ‘‘(other than a dependent who more than 150 miles from the member’s resi- ‘‘(c) ADMINISTRATION.—In carrying out a is also a member of a uniformed service and, dence if— program under this section, the Secretary because of such membership, automatically ‘‘(A) during the three years preceding fill- shall— insured under this paragraph)’’. ing the vacancy, the member was involun- ‘‘(1) in the sole discretion of the Secretary, SEC. 643. CLARIFICATION OF COMPUTATION OF tarily separated under other than adverse establish an order of priority for transpor- COMBAT-RELATED SPECIAL COM- conditions (as characterized by the Sec- tation under the program for categories of PENSATION FOR CHAPTER 61 DIS- retary concerned) while assigned to a unit of individuals under subsection (b) that is based ABILITY RETIREES. the Selected Reserve certified by the Sec- on considerations of military necessity, hu- (a) IN GENERAL.—Section 1413a(b)(3) of title retary concerned as having been adversely manitarian concerns, and enhancement of 10, United States Code, is amended by strik- affected by force structure reductions during morale; ing ‘‘shall be reduced by the amount (if any) the period beginning on October 1, 2012, and ‘‘(2) give priority in consideration of trans- by which the amount of the member’s retired ending on December 31, 2018; portation under the program to the demands pay under chapter 61 of this title exceeds’’ ‘‘(B) the involuntary separation occurred of members of the armed forces in the reg- both places it appears and inserting ‘‘may during the period beginning on October 1, ular components and in the reserve compo- not, when combined with the amount of re- 2012, and ending on December 31, 2018; and nents on active duty and to the need to pro- tired pay payable to the retiree after any ‘‘(C) the member is— vide such members, and their dependents, a such reduction under sections 5304 and 5305 of ‘‘(i) qualified in a skill designated as criti- means of respite from such demands; and title 38, cause the total of such combined cally short by the Secretary concerned; or ‘‘(3) implement policies aimed at ensuring payment to exceed’’. (b) EFFECTIVE DATE.—The amendments ‘‘(ii) filling a vacancy in a Selected Re- cost control and the safety, security, and ef- made by this section shall take effect on Oc- serve unit with a critical manpower short- ficient processing of travelers, including lim- tober 1, 2013, and shall apply to payments for age, or in a pay grade with a critical man- iting the benefit under the program to one or months beginning on or after that date. power shortage in such unit. more categories of individuals set forth in ‘‘(3) Any allowances authorized by this sec- subsection (b) if considered necessary by the Subtitle E—Military Lending Matters tion that are payable under this subsection Secretary. SEC. 651. ENHANCEMENT OF PROTECTIONS ON may be payable in advance if payable in ad- ‘‘(d) CONSTRUCTION.—The authority to pro- CONSUMER CREDIT FOR MEMBERS vance to a member undergoing a permanent vide transportation under this section is in OF THE ARMED FORCES AND THEIR DEPENDENTS. change of station under orders under the ap- addition to any other authority under law to plicable provision of this section.’’. (a) CONSUMER CREDIT.—Paragraph (6) of provide transportation on Department of De- section 987(i) of title 10, United States Code, SEC. 632. AUTHORITY FOR COMPREHENSIVE PRO- fense aircraft on a space-available basis.’’. is amended to read as follows: GRAM FOR SPACE-AVAILABLE TRAV- (b) CLERICAL AMENDMENT.—The table of ‘‘(6) CONSUMER CREDIT.— EL ON DEPARTMENT OF DEFENSE sections at the beginning of chapter 157 of ‘‘(A) IN GENERAL.—The term ‘consumer AIRCRAFT. such title is amended by inserting after the credit’ shall be defined by the Secretary of (a) IN GENERAL.—Chapter 157 of title 10, item relating to section 2641b the following United States Code, is amended by inserting Defense in regulations prescribed under this new item: after section 2641b the following new section: section, and shall include, in addition to any ‘‘2641c. Space-available travel on Depart- ‘‘§ 2641c. Space-available travel on Depart- other meaning provided for in such regula- ment of Defense aircraft.’’. ment of Defense aircraft tions, the following: Subtitle D—Disability, Retired Pay, and ‘‘(i) A vehicle title loan for any duration, ‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.— (1) The Secretary of Defense may establish a Survivor Benefits whether open end or closed end. program to provide transportation on De- SEC. 641. REPEAL OF REQUIREMENT FOR PAY- ‘‘(ii) A payday loan for any duration, partment of Defense aircraft on a space- MENT OF SURVIVOR BENEFIT PLAN whether open end or closed end. available basis. PREMIUMS WHEN PARTICIPANT ‘‘(iii) A tax refund anticipation loan. ‘‘(2) The program shall be conducted pursu- WAIVES RETIRED PAY TO PROVIDE A ‘‘(B) EXCLUSIONS.—The term ‘consumer SURVIVOR ANNUITY UNDER FED- ant to regulations prescribed by the Sec- credit’ does not include the following: ERAL EMPLOYEES RETIREMENT SYS- ‘‘(i) A residential mortgage. retary for purposes of this section. Such reg- TEM AND TERMINATION OF PAY- ulations shall be prescribed by not later than MENT OF SURVIVOR BENEFIT PLAN ‘‘(ii) A loan procured in the course of pur- January 1, 2014, and shall take effect on that ANNUITY. chasing a car or other personal property, date or such earlier date as the Secretary (a) DEPOSITS NOT REQUIRED.—Section when that loan is offered for the express pur- shall specify in such regulations. 1452(e) of title 10, United States Code, is pose of financing the purchase and is secured ‘‘(3) The program shall be conducted in a amended— by the car or personal property procured.’’. budget neutral manner. No additional funds (1) in the subsection heading, by inserting (b) POLICY ON PREDATORY EXTENSION OF REDIT HROUGH NSTALLMENT OANS AR may be used, or flight hours performed, for ‘‘AND FERS’’ after ‘‘CSRS’’; C T I L T - the provision of transportation under the (2) by inserting ‘‘or for the purposes of GETING MEMBERS OF THE ARMED FORCES AND program. chapter 84 of title 5,’’ after ‘‘chapter 83 of DEPENDENTS.— ‘‘(b) BENEFIT.—If the Secretary establishes title 5,’’; (1) POLICY REQUIRED.—The Secretary of De- a program authorized by subsection (a), the (3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; fense shall, in consultation with the officials Secretary shall, subject to section (c), pro- and and entities specified in section 987(h)(3) of vide the benefit under the program to the (4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. title 10, United States Code, prescribe a pol- following categories of individuals: (b) CONFORMING AMENDMENTS.—Section icy on the predatory extension of credit ‘‘(1) Members of the armed forces on active 1450(d) of such title is amended— through installment loans targeting mem- duty. (1) by inserting ‘‘or for the purposes of bers of the Armed Forces and their depend- ‘‘(2) Members of the Selected Reserve who chapter 84 of title 5,’’ after ‘‘chapter 83 of ents. hold a valid Uniformed Services Identifica- title 5,’’; (2) OBJECTIVES.—The objectives of the pol- tion and Privilege Card. (2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; icy required by paragraph (1) shall be as fol- ‘‘(3) Retired members of a regular or re- and lows: serve component of the armed forces, includ- (3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b).’’ (A) To enhance protections afforded mem- ing retired members of reserve components, (c) APPLICABILITY.—The amendments made bers of the Armed Forces and their depend- who, but for being under the eligibility age by this section shall apply with respect to ents under section 987 of title 10, United applicable under section 12731 of this title, any participant electing a annuity for sur- States Code, by curbing continuing preda- would be eligible for retired pay under chap- vivors under chapter 84 of title 5, United tory lending practices targeting members of ter 1223 of this title. States Code, on or after the date of the en- the Armed Forces and their dependents that ‘‘(4) The unremarried spouses of members actment of this Act. are not currently regulated under that sec- of the armed forces who were killed on active tion. SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT duty or otherwise died in the line of duty, IN FAMILY SERVICEMEMBERS’ (B) To improve the financial literacy of and the unremarried spouses of former mem- GROUP LIFE INSURANCE FOR MEM- members of the Armed Forces and their de- bers of the armed forces who died of a com- BERS OF THE ARMED FORCES MAR- pendents with respect to installment loans bat-related illness or injury, who hold a valid RIED TO OTHER MEMBERS. and other forms of credit not currently regu- Uniformed Services Identification and Privi- Section 1967(a)(1) of title 38, United States lated under section 987 of title 10, United lege Card. Code, is amended— States Code. ‘‘(5) Such categories of dependents of indi- (1) in subparagraph (A)(ii), by inserting (C) To make members of the Armed Forces viduals described in paragraphs (1) through after ‘‘insurable dependent of the member’’ and their dependents aware of other, more (3) as the Secretary shall specify in the regu- the following: ‘‘(other than a dependent who beneficial sources of financial aid and credit lations under subsection (a), under such con- is also a member of a uniformed service and, services (such as those available through ditions and circumstances as the Secretary because of such membership, automatically military relief societies) than installment shall specify in such regulations. insured under this paragraph)’’; and loans.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7493 (D) If considered appropriate by the Sec- ‘‘(i) any actual damage sustained as a re- ‘‘(4) Payment to a child under this section retary of Defense, to provide, by regulation, sult, but not less than $500 for each viola- shall not be paid for any period before the for the coverage under section 987 of title 10, tion; birth of the child.’’; and United States Code, of installment loans ex- ‘‘(ii) appropriate punitive damages; (2) in subsection (l), by striking ‘‘at the tended to members of the Armed Forces and ‘‘(iii) appropriate equitable or declaratory time of the dependent-abuse offense result- dependents protected by that section. relief; ing in the separation of the former member’’ (c) EFFECTIVE DATE.— ‘‘(iv) any other relief provided by law; and inserting ‘‘or eligible spouse at the time (1) MODIFICATION OF REGULATIONS.—The ‘‘(v) in any successful action to enforce the of the dependent-abuse offense resulting in Secretary of Defense shall modify the regu- foregoing liability, the costs of the action, the separation of the former member or who lations prescribed under section 987 of title together with reasonable attorney fees as de- was carried during pregnancy at the time of 10, United States Code, to take into account termined by the court; and the dependent-abuse offense resulting in the the amendment made by subsection (a). ‘‘(vi) in any successful action by a defend- separation of the former member and was (2) EFFECTIVE DATE OF MODIFICATION AND ant under this section, if the court finds the subsequently born alive to the eligible POLICY.—The amendment made by sub- action was brought in bad faith and for the spouse or former spouse’’. section (a), and the policy required by sub- purpose of harassment, attorney fees of the (b) PROSPECTIVE APPLICABILITY.—No bene- section (b), shall take effect on— defendant as determined by the court to be fits shall accrue by reason of the amend- (A) the date that is one year after the date reasonable in relation to the work expended ments made by this section for any month of the enactment of this Act; or and costs incurred. that begins before the date of the enactment of this Act. (B) such earlier date as the Secretary shall ‘‘(B) DEFENSES.—A person may not be held specify. liable for civil liability under this paragraph SEC. 662. REPORT ON ISSUANCE BY ARMED FORCES MEDICAL EXAMINER OF (3) PUBLICATION OF EARLIER DATE.—If pur- if the person shows by a preponderance of DEATH CERTIFICATES FOR MEM- suant to paragraph (2)(B) the Secretary evidence that the violation was not inten- BERS OF THE ARMED FORCES WHO specifies an earlier effective date for the tional and resulted from a bona fide error DIE ON ACTIVE DUTY ABROAD. amendment made by subsection (a) and the notwithstanding the maintenance of proce- (a) REPORT REQUIRED.—Not later than 120 policy required by subsection (b), the Sec- dures reasonably adapted to avoid any such days after the date of the enactment of this retary shall publish notice of such earlier ef- error. Examples of a bona fide error include Act, the Secretary of Defense shall submit to fective date in the Federal Register not later clerical, calculation, computer malfunction the congressional defense committees a re- than 90 days before such earlier effective and programming, and printing errors, export on the issuance by the Armed Forces date. cept that an error of legal judgment with re- Medical Examiner of death certificates for SEC. 652. ADDITIONAL ENHANCEMENTS OF PRO- spect to a person’s obligations under this members of the Armed Forces who die on ac- TECTIONS ON CONSUMER CREDIT section is not a bona fide error. tive duty abroad, including mechanisms for FOR MEMBERS OF THE ARMED ‘‘(C) JURISDICTION AND VENUE; LIMITATION.— reducing or ameliorating delays in the FORCES AND THEIR DEPENDENTS. An action for civil liability under this para- issuance of such death certificates. (a) PROTECTIONS AGAINST DIFFERENTIAL graph may be brought in any appropriate (b) ELEMENTS.—The report required by sub- TREATMENT ON CONSUMER CREDIT UNDER United States district court, without regard section (a) shall include the following: STATE LAW.—Subsection (d)(2) of section 987 to the amount in controversy, or in any (1) A description of the process used by the of title 10, United States Code, is amended— other court of competent jurisdiction, not Armed Forces Medical Examiner to issue a (1) in subparagraph (A), by inserting ‘‘any later than the earlier or— death certificate for members of the Armed consumer credit or’’ before ‘‘loans’’; and ‘‘(i) two years after the date of discovery Forces who die on active duty abroad, in- (2) in subparagraph (B), by inserting ‘‘cov- by the plaintiff of the violation that is the cluding an explanation for any current ering consumer credit’’ after ‘‘State con- basis for such liability; or delays in the issuance of such death certifi- sumer lending protections’’. ‘‘(ii) five years after the date on which the cates. (b) REGULAR CONSULTATIONS ON PROTEC- violation that is the basis for such liability (2) A description of the average amount of TIONS.—Subsection (h)(3) of such section is occurs.’’. time taken by the Armed Forces Medical Ex- amended— (b) EFFECTIVE DATE.—The amendment aminer to issue such death certificates. (1) in the matter preceding subparagraph made by this section and shall take effect on (3) An assessment of the feasibility and ad- (A)— the date of the enactment of this Act, and visability of issuing temporary death certifi- (A) by inserting ‘‘and not less often than shall apply with respect to consumer credit cates for members of the Armed Forces who once every two years thereafter,’’ after extended on or after that date. die on active duty abroad in order to provide ‘‘under this subsection,’’; and necessary documentation for survivors. SEC. 654. MODIFICATION OF DEFINITION OF DE- (B) by inserting ‘‘appropriate Federal agen- PENDENT FOR PURPOSES OF LIMI- (4) A description of the actions required to cies, including’’ before ‘‘the following’’; TATIONS ON TERMS OF CONSUMER enable the Armed Forces Medical Examiner (2) by striking subparagraph (E); and CREDIT EXTENDED TO MEMBERS OF to issue a death certificate for a member of (3) by redesignating subparagraphs (F) and THE ARMED FORCES AND THEIR DE- the Armed Forces who dies on active duty (G) as subparagraphs (E) and (F), respec- PENDENTS. abroad not later than seven days after the tively. Paragraph (2) of section 987(i) of title 10, return of the remains of the member to the (c) EFFECTIVE DATE.— United States Code, is amended to read as United States. (1) MODIFICATION OF REGULATIONS.—The follows: (5) Such other recommendations for legis- Secretary of Defense shall modify the regu- ‘‘(2) DEPENDENT.—The term ‘dependent’, lative or administrative action as the Sec- lations prescribed under section 987 of title with respect to a covered member, has the retary considers appropriate to provide for 10, United States Code, to take into account meaning given that term in section 401(a) of the issuance by the Armed Forces Medical the amendments made by subsection (a). title 37.’’. Examiner of a death certificate for members (2) EFFECTIVE DATE.—The amendments SEC. 655. ENFORCEMENT OF PROTECTIONS ON of the Armed Forces who die on active duty made by subsection (a) shall take effect on— CONSUMER CREDIT FOR MEMBERS abroad not later than seven days after the (A) the date that is one year after the date OF THE ARMED FORCES AND THEIR return of the remains of such members to of the enactment of this Act; or DEPENDENTS. the United States. Section 987(f) of title 10, United States (B) such earlier date as the Secretary shall TITLE VII—HEALTH CARE PROVISIONS Code, as amended by section 653 of this Act, specify in the modification of regulations re- Subtitle A—TRICARE Program quired by paragraph (1). is further amended by adding at the end the following new paragraph: SEC. 701. EXTENSION OF TRICARE STANDARD (3) PUBLICATION OF EARLIER DATE.—If the COVERAGE AND TRICARE DENTAL Secretary specifies an earlier effective date ‘‘(6) ENFORCEMENT.—The provisions of this section (other than paragraph (1) of this sub- PROGRAM FOR MEMBERS OF THE for the amendments made by subsection (a) SELECTED RESERVE WHO ARE IN- pursuant to paragraph (2)(B), the Secretary section) shall be enforced by the agencies VOLUNTARILY SEPARATED. shall publish notice of such earlier effective specified in section 108 of the Truth in Lend- (a) EXTENSION OF TRICARE STANDARD COV- date in the Federal Register not later than ing Act (15 U.S.C. 1607) in the manner set ERAGE.—Section 1076d(b) of title 10, United 90 days before such earlier effective date. forth in that section or as set forth under States Code, is amended— any other applicable authorities available to SEC. 653. RELIEF IN CIVIL ACTIONS FOR VIOLA- (1) by striking ‘‘Eligibility’’ and inserting TIONS OF PROTECTIONS ON CON- such agencies by law.’’. ‘‘(1) Except as provided in paragraph (2), eli- SUMER CREDIT EXTENDED TO MEM- Subtitle F—Other Matters gibility’’; and BERS OF THE ARMED FORCES AND SEC. 661. TRANSITIONAL COMPENSATION FOR (2) by adding at the end the following new THEIR DEPENDENTS. DEPENDENT CHILDREN WHO ARE paragraph: (a) IN GENERAL.—Section 987(f) of title 10, CARRIED DURING PREGNANCY AT ‘‘(2) Eligibility for a member under this United States Code, is amended by adding at TIME OF DEPENDENT-ABUSE OF- section who is involuntarily separated from the end the following new paragraph: FENSE. the Selected Reserve under other than ad- ‘‘(5) CIVIL LIABILITY.— (a) IN GENERAL.—Section 1059 of title 10, verse conditions, as characterized by the ‘‘(A) IN GENERAL.—A person who violates United States Code, is amended— Secretary concerned, shall terminate 180 this section with respect to any person is (1) in subsection (f), by adding at the end days after the date on which the member is civilly liable to such person for— the following new paragraph: separated.’’.

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(b) EXTENSION OF TRICARE DENTAL PRO- aged care support contracts current as of Oc- scribed in paragraph (1), the employee or GRAM COVERAGE.—Section 1076a(a)(1) of such tober 5, 1999,’’. contractor shall meet minimum qualifica- title is amended by adding at the end the fol- SEC. 703. EXPANSION OF EVALUATION OF THE tions, training, and supervision requirements lowing new sentence: ‘‘Such plan shall pro- EFFECTIVENESS OF THE TRICARE as set forth by the Secretary who shall en- vide that coverage for a member of the Se- PROGRAM. sure that covered beneficiaries have appro- lected Reserve who is involuntarily sepa- Section 717(a)(1) of the National Defense priate access to care in accordance with best rated from the Selected Reserve under other Authorization Act for Fiscal Year 1996 (Pub- practice guidelines. than adverse conditions, as characterized by lic Law 106–104; 110 Stat. 376; 10 U.S.C. 1073 ‘‘(c) EXCLUSIONS.—Subsection (a) shall not the Secretary concerned, shall terminate not note) is amended by striking ‘‘military retir- apply to the following: earlier than 180 days after the date on which ees’’ and inserting ‘‘members of the Armed ‘‘(1) Covered beneficiaries under this chap- the member is separated.’’. Forces (whether in the regular or reserve ter who are entitled to hospital insurance SEC. 702. INCLUSION OF CERTAIN OVER-THE- components) and their dependents, military benefits under part A of title XVIII of the COUNTER DRUGS IN TRICARE UNI- retirees and their dependents, dependent Social Security Act. FORM FORMULARY. children under the age of 21, and dependents ‘‘(2) Covered beneficiaries under this chap- (a) INCLUSION.—Subsection (a)(2) of section of members on active duty with severe dis- ter who are former members, dependents of 1074g of title 10, United States Code, is abilities and chronic health care needs’’. former members, or survivors of any uni- amended— formed service not under the jurisdiction of (1) in subparagraph (D), by striking ‘‘No SEC. 704. REPORT ON THE FUTURE AVAILABILITY the Department of Defense. pharmaceutical agent may be excluded’’ and OF TRICARE PRIME THROUGHOUT THE UNITED STATES. ‘‘(d) CONSTRUCTION WITH OTHER BENE- inserting ‘‘Except as provided in subpara- (a) REPORT REQUIRED.—Not later than 120 FITS.—(1) Nothing in this section shall be graph (F), no pharmaceutical agent may be days after the date of the enactment of this construed as limiting or otherwise affecting excluded’’; and Act, the Secretary of Defense shall submit to the benefits otherwise provided under this (2) by adding at the end the following new the Committees on Armed Services of the chapter to a covered beneficiary who is a subparagraph: ‘‘(F)(i) The Secretary may implement pro- Senate and the House of Representatives a beneficiary by virtue of— cedures to place selected over-the-counter report setting forth the policy of the Depart- ‘‘(A) service in the Coast Guard, the Com- drugs on the uniform formulary and to make ment of Defense on the future availability of missioned Corp of the National Oceanic and such drugs available to eligible covered bene- TRICARE Prime under the TRICARE pro- Atmospheric Administration, or the Com- ficiaries. An over-the-counter drug may be gram for eligible beneficiaries in all missioned Corp of the Public Health Service; included on the uniform formulary only if TRICARE regions throughout the United or the Pharmacy and Therapeutics Committee States. ‘‘(B) being a dependent of a member of a established under subsection (b) finds that (b) ELEMENTS.—The report required by sub- service described in subparagraph (A). the over-the-counter drug is cost-effective section (a) shall include the following: ‘‘(2) Nothing in this section shall be con- and clinically effective. If the Pharmacy and (1) A description, by region, of the dif- strued as limiting or otherwise affecting the Therapeutics Committee recommends an ference in availability of TRICARE Prime benefits provided to a medicare-eligible ben- over-the-counter drug for inclusion on the for eligible beneficiaries (other than eligible eficiary under— uniform formulary, the drug shall be consid- beneficiaries on active duty in the Armed ‘‘(A) this chapter; ered to be in the same therapeutic class of Forces) under newly-awarded TRICARE ‘‘(B) part A of title XVIII of the Social Se- pharmaceutical agents, as determined by the managed care contracts, including, in par- curity Act (42 U.S.C. 1395c et seq.); or Committee, as similar prescription drugs. ticular, an identification of the regions or ‘‘(C) any other law.’’. ‘‘(ii) Regulations prescribed by the Sec- areas in which TRICARE Prime will no (2) CLERICAL AMENDMENT.—The table of retary to carry out clause (i) shall include longer be available for such beneficiaries sections at the beginning of chapter 55 of the following with respect to over-the- under such contracts. such title is amended by inserting after the counter drugs included on the uniform for- (2) A description of the transition and out- item relating to section 1077 the following mulary: reach plans for eligible beneficiaries de- new item: ‘‘(I) A determination of the means and con- scribed in paragraph (1) who will no longer ‘‘1077a. Treatment of autism under the ditions under paragraphs (5) and (6) of this have access to TRICARE Prime under the TRICARE program.’’. subsection through which over-the-counter contracts described in that paragraph. (b) FUNDING.— drugs will be available to eligible covered (3) An estimate of the increased costs to be (1) INCREASE.—The amount authorized to beneficiaries and the amount of cost sharing incurred for healthcare under the TRICARE be appropriated for fiscal year 2013 by sec- that such beneficiaries will be required to program for eligible beneficiaries described tion 1406 and available for the Defense pay for over-the-counter drugs, except that in paragraph (2). Health Program for Private Sector Care as no such cost sharing may be required for a (4) An estimate of the saving to be specified in the funding table in section 4501 member of a uniformed service on active achieved by the Department as a result of is hereby increased by $45,000,000, with the duty. the contracts described in paragraph (1). amount of the increase to be available for ‘‘(II) Any terms and conditions for the dis- (5) A description of the plans of the Depart- the provision of care in accordance with sec- pensing of over-the-counter drugs to eligible ment to continue to assess the impact on action 1077a of title 10, United States Code (as covered beneficiaries.’’. cess to healthcare for eligible beneficiaries added by subsection (a)). (b) DEFINITIONS.—Subsection (g) of such described in paragraph (2). section is amended by adding at the end the (2) OFFSET.—The amount authorized to be following new paragraphs: SEC. 705. CERTAIN TREATMENT OF DEVELOP- appropriated for fiscal year 2013 by section ‘‘(3) The term ‘over-the-counter drug’ MENTAL DISABILITIES, INCLUDING 301 for Operation and Maintenance and avail- AUTISM, UNDER THE TRICARE PRO- able as specified in the funding table in sec- means a drug that is not subject to section GRAM. 503(b) of the Federal Food, Drug, and Cos- tion 4301 is hereby reduced by $45,000,000. (a) CERTAIN TREATMENT OF AUTISM.— metic Act (21 U.S.C. 353(b)). SEC. 706. SENSE OF CONGRESS ON HEALTH CARE (1) IN GENERAL.—Chapter 55 of title 10, ‘‘(4) The term ‘prescription drug’ means a FOR RETIRED MEMBERS OF THE United States Code, is amended by inserting UNIFORMED SERVICES. drug that is subject to section 503(b) of the after section 1077 the following new section: Federal Food, Drug, and Cosmetic Act (21 It is the sense of Congress that— U.S.C. 353(b)).’’. ‘‘§ 1077a. Treatment of autism under the (1) members of the uniformed services and (c) TECHNICAL AMENDMENTS.— TRICARE program their families endure unique and extraor- (1) CROSS-REFERENCE AMENDMENTS.—Sub- ‘‘(a) IN GENERAL.—Except as provided in dinary demands and make extraordinary sac- sections (a)(6)(A) and (b)(1) of such section subsection (c), for purposes of providing rifices over the course of 20 to 30 years of are amended by striking ‘‘subsection (g)’’ health care services under this chapter, the service in protecting freedom for all Ameri- and inserting ‘‘subsection (h)’’. treatment of developmental disabilities (42 cans, as do those who have been medically (2) REPEAL OF OBSOLETE PROVISIONS.— U.S.C. 15002(8)), including autism spectrum retired due to the hardships of military serv- (A) Subsection (a)(2)(D) of such section is disorders, shall include behavioral health ice; and amended by striking the last sentence. treatment, including applied behavior anal- (2) access to quality health care services is (B) Subsection (b)(2) of such section is ysis, when prescribed by a physician. an earned benefit during retirement in ac- amended by striking ‘‘Not later than’’ and ‘‘(b) REQUIREMENTS IN PROVISION OF SERV- knowledgment of their contributions of serv- all the follows through ‘‘such 90-day period, ICES.—In carrying out subsection (a), the ice and sacrifice. the committee’’ and inserting ‘‘The com- Secretary of Defense shall ensure that— Subtitle B—Other Health Care Benefits mittee’’. ‘‘(1) except as provided by paragraph (2), a SEC. 711. USE OF DEPARTMENT OF DEFENSE (C) Subsection (d)(2) of such section is person who is authorized to provide behav- FUNDS FOR ABORTIONS IN CASES amended— ioral health treatment is licensed or cer- OF RAPE AND INCEST. (i) by striking ‘‘Effective not later than tified by a State or accredited national cer- Section 1093(a) of title 10, United States April 5, 2000, the Secretary’’ and inserting tification board; and Code, is amended by inserting before the pe- ‘‘The Secretary’’; and ‘‘(2) if applied behavior analysis or other riod at the end the following: ‘‘or in a case in (ii) by striking ‘‘the current managed care behavioral health treatment is provided by which the pregnancy is the result of an act support contracts’’ and inserting ‘‘the man- an employee or contractor of a person de- of rape or incest’’.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7495 SEC. 712. AVAILABILITY OF CERTAIN FERTILITY providing such assessment to the member and the House of Representatives a report on PRESERVATION TREATMENTS FOR during the otherwise applicable time period the research program, including a descrip- MEMBERS OF THE ARMED FORCES under such paragraph would remove the tion of the research program, the community ON ACTIVE DUTY. member from forward deployment or would partners participating in the research pro- (a) IN GENERAL.—Subsection (a) of section put members or operational objectives at gram, the activities carried out, the number 1074d of title 10, United States Code, is risk.’’. of members of the National Guard and Re- amended by adding at the end the following serves, family members, and caregivers sup- new paragraph: Subtitle C—Health Care Administration ported by community partners, and a de- ‘‘(3)(A) Members of the armed forces enti- SEC. 721. CLARIFICATION OF APPLICABILITY OF tled to medical care under section 1074(a) of CERTAIN AUTHORITY AND REQUIRE- scription and assessment of the effectiveness this title who have been diagnosed with a MENTS TO SUBCONTRACTORS EM- and achievements of the research program. PLOYED TO PROVIDE HEALTH CARE condition for which the recommended course Subtitle D—Reports and Other Matters of treatment is recognized by a licensed phy- SERVICES TO THE DEPARTMENT OF DEFENSE. sician and surgeon or other appropriate med- SEC. 731. REPORTS ON PERFORMANCE DATA ON ical practitioner as a cause of iatrogenic in- (a) APPLICABILITY OF FEDERAL TORT CLAIMS WARRIORS IN TRANSITION PRO- fertility shall also be entitled to fertility ACT TO SUBCONTRACTORS.—Section 1089(a) of GRAMS. title 10, United States Code, is amended in preservation treatment as a part of such (a) REPORTS.—Not later than 180 days after medical care. the last sentence— the date of the enactment of this Act, and ‘‘(B) If the fertility preservation treatment (1) by striking ‘‘if the physician, dentist, every 180 days thereafter, each Secretary of to which a member is entitled under this nurse, pharmacist, or paramedical’’ and in- a military department shall submit to Con- paragraph is not available through a facility serting ‘‘to such a physician, dentist, nurse, gress a report on data on the performance of of the uniformed services accessible to the pharmacist, or paramedical’’; the military department in addressing the member, such treatment shall be provided to (2) by striking ‘‘involved is’’; and care, management and transition needs of the member through another appropriate (3) by inserting before the period at the end members of the Armed Forces under the ju- mechanism under this chapter, including the following: ‘‘or a subcontract at any tier risdiction of such Secretary who participate through the TRICARE program.’’. under such a contract that is authorized in in a Warriors in Transition program under (b) DEFINITIONS RELATING TO FERTILITY accordance with the requirements of such the jurisdiction of such Secretary with re- PRESERVATION TREATMENT.—Such section is section 1091’’. spect to the following: (b) APPLICABILITY OF PERSONAL SERVICES further amended— (1) Physical health. CONTRACTING AUTHORITY TO SUBCONTRAC- (1) in subsection (b), by striking the sub- (2) Mental and behavioral health. TORS.—Section 1091(c) of such title is amend- section heading and inserting ‘‘DEFINITION (3) Educational and vocational aptitude ed by adding at the end the following new RELATING TO PRIMARY AND PREVENTIVE and capabilities. paragraph: HEALTH CARE SERVICES FOR WOMEN’’; and (4) Such other matters as such Secretary ‘‘(3) The procedures established under para- (2) by adding at the end the following new considers appropriate. subsection: graph (1) may provide for a contracting offi- ‘‘(c) DEFINITIONS RELATING TO FERTILITY cer to authorize a contractor to enter into a (b) COMMON METHODOLOGY.—The Secre- PRESERVATION TREATMENT.—In this section: subcontract for personal services on behalf of taries shall report not fewer than five out- ‘‘(1) The term ‘fertility preservation treat- the agency upon a determination that the come measures for each of the areas set forth ment’ includes— subcontract is— in subsection (a) using a common method- ‘‘(A) procedures consistent with estab- ‘‘(A) consistent with the requirements of ology developed by the Secretaries and ap- lished medical practices in the prevention or this section and the procedures established proved by the Secretary of Defense for pur- treatment of iatrogenic infertility by li- under paragraph (1); and poses of this section. censed physicians and surgeons or other ap- ‘‘(B) in the best interests of the agency.’’. (c) LONGITUDINAL DATA.—The occasions for propriate medical practitioners, including SEC. 722. RESEARCH PROGRAM TO ENHANCE DE- collecting data on a member participating in diagnosis, diagnostic tests, medication, or PARTMENT OF DEFENSE EFFORTS a Warriors in Transition program for pur- surgery; and ON MENTAL HEALTH IN THE NA- poses of reports under subsection (a) shall be ‘‘(B) any other procedure identified by the TIONAL GUARD AND RESERVES as follows: Secretary of Defense that is intended to pro- THROUGH COMMUNITY PARTNER- SHIPS. (1) When the member commences partici- mote the future fertility of an individual pation in the program. (a) RESEARCH PROGRAM AUTHORIZED.—The who has been diagnosed with a condition for Secretary of Defense may carry out a re- (2) At least once each year the member which the recommended course of treatment search program to assess the feasibility and participates in the program. is recognized by a licensed physician and sur- advisability of enhancing the efforts of the (3) When the member ceases participation geon or other appropriate medical practi- Department of Defense in research, treat- in the program (whether for return to mili- tioner as a cause of iatrogenic infertility. ment, education, and outreach on mental tary duty or to civilian life). ‘‘(2) The term ‘iatrogenic infertility’ health and substance use disorders and Trau- (4) With the consent of the member, one means the current or future diminished abil- matic Brain Injury (TBI) in members of the year after the member ceases participation ity, or the inability of an individual to con- National Guard and Reserves, their family in the program as described in paragraph (3). ceive or contribute to conception as a con- members, and their caregivers. (d) ELEMENTS.—Each report under sub- sequence of medical treatment.’’. (b) AGREEMENTS WITH COMMUNITY PART- section (a) shall include an assessment by SEC. 713. MODIFICATION OF REQUIREMENTS ON NERS.—In carrying out the research program the Secretary of the military department MENTAL HEALTH ASSESSMENTS FOR concerned of the following with respect to MEMBERS OF THE ARMED FORCES authorized by subsection (a), the Secretary DEPLOYED IN CONNECTION WITH A may enter into partnership agreements with the Warriors in Transition programs covered CONTINGENCY OPERATION. community partners described in subsection by such report: (a) TIMING OF MENTAL HEALTH ASSESS- (c) using a competitive and merit-based (1) The progress of members participating MENTS.—Paragraph (1)(C)(i) of section award process. in the Warriors in Transition programs in 1074m(a) of title 10, United States Code, is (c) COMMUNITY PARTNERS DESCRIBED.—A the areas specified in subsection (a). amended by striking ‘‘one year’’ and insert- community partner described in this sub- (2) The efficacy of the Warriors in Transi- ing ‘‘18 months’’. section is a private nonprofit organization or tion programs in facilitating the transition (b) EXCLUSION OF CERTAIN MEMBERS.— institution (or multiple organizations and of members to military duty or civilian life, Paragraph (2) of such section is amended— institutions) that— as applicable. (1) by striking ‘‘subparagraph (B) and (C) (1) engages in the research activities de- (3) The differences in outcomes in the War- of’’; and scribed in subsection (d); and riors in Transition programs, by location, (2) by striking ‘‘determines that—’’ and all (2) meets such qualifications for treatment type, Armed Force, component, and types of that follows and inserting ‘‘determines— as a community partner as the Secretary wounds, injuries, or conditions of program ‘‘(A) in the case of an assessment otherwise shall establish for purposes of the research participants. required under subparagraph (A) of that program. (4) The percentage of members partici- paragraph, that the member will not be sub- (d) ACTIVITIES.—Partnerships entered into pating in the Warriors in Transition projected or exposed to operational risk factors under the research program shall be used to grams who receive care under such programs during deployment in the contingency oper- engage in research on the causes, develop- from assigned providers, including medical ation concerned; ment, and innovative treatment of mental care case managers, non-medical service pro- ‘‘(B) in the case of an assessment otherwise health and substance use disorders and Trau- viders (including non-medical case man- required under subparagraph (B) or (C) of matic Brain Injury in members of the Na- agers, legal support personnel, and, as appli- that paragraph, that the member was not tional Guard and Reserves, their family cable, Physical Evaluation Board Liaison Of- subjected or exposed to operational risk fac- members, and their caregivers. ficers), mental health care providers, and tors during deployment in the contingency (e) REPORT.—Not later than five years medical evaluation (MEB) physicians whose operation concerned; or after the commencement of the research pro- caseload exceeds the caseload ratio that has ‘‘(C) in the case of any assessment other- gram, the Secretary shall submit to the been designated as adequate by the Sec- wise required under that paragraph, that Committees on Armed Services of the Senate retary of Defense.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7496 CONGRESSIONAL RECORD — SENATE December 5, 2012 (5) The percentage of members partici- SEC. 733. PLAN TO ELIMINATE GAPS AND SEC. 736. PRESCRIPTION DRUG TAKE-BACK PRO- pating in the Warriors in Transition pro- REDUNDANCIES IN PROGRAMS OF GRAM FOR MEMBERS OF THE grams for whom the intervals between var- THE DEPARTMENT OF DEFENSE ON ARMED FORCES AND THEIR DE- ious phases in the transition process exceeds PSYCHOLOGICAL HEALTH AND PENDENTS. TRAUMATIC BRAIN INJURY AMONG (a) PROGRAM REQUIRED.—The Secretary of the average length of such intervals, includ- MEMBERS OF THE ARMED FORCES. ing intervals relating to appointment times Defense and the Attorney General shall for specialists and for treatment for Post- (a) PLAN REQUIRED.— jointly carry out a program (commonly re- Traumatic Stress Disorder (PTSD). (1) IN GENERAL.—Not later than 180 days ferred to as a ‘‘prescription drug take-back (6) Such other measurements of outcomes after the date of the enactment of this Act, program’’) under which members of the or progress of members through the Warriors the Secretary of Defense shall submit to the Armed Forces and dependents of members of in Transition programs as such Secretary Committees on Armed Services of the Senate the Armed Forces may deliver controlled considers appropriate. and the House of Representatives a plan to substances to such facilities as may be joint- streamline the programs of the Department ly determined by the Secretary of Defense (e) PERSONALLY IDENTIFIABLE INFORMA- of Defense that address psychological health and the Attorney General to be disposed of TION.—Data collected under this section and traumatic brain injury among members in accordance with section 302(g) of the Con- shall be treated in compliance with the proof the Armed Forces. trolled Substances Act (21 U.S.C. 822(g)). visions of section 552a of title 5, United (2) ELEMENTS.—The report required by (b) PROGRAM ELEMENTS.—The program re- States Code (commonly referred to as the paragraph (1) shall include the following: quired by subsection (a) shall provide for the ‘‘Privacy Act’’). (A) A complete list of the programs de- following: (f) SUNSET.—No report is required under scribed in paragraph (1), including a detailed (1) The delivery of controlled substances this section after September 30, 2017. description of the intended function of each under the program to such members of the such program. Armed Forces, medical professionals, and (g) WARRIORS IN TRANSITION PROGRAM DE- (B) An identification of any gaps in serv- other employees of the Department of De- FINED.—In this section, the term ‘‘Warriors ices and treatments in the programs listed fense, and to such other acceptance mecha- in Transition program’’ means any major under subparagraph (A) nisms, as the Secretary and the Attorney support program of the Armed Forces for (C) An identification of any redundancies General jointly specify for purposes of the members of the Armed Forces with severe in the programs listed under subparagraph program. wounds, illnesses, or injuries that is intended (A). (2) Appropriate guidelines and procedures to provide such members with non-medical (D) A plan for mitigating the gaps identi- to prevent the diversion, misuse, theft, or case management service and care coordina- fied under subparagraph (B) and for elimi- loss of controlled substances delivered under tion services, and includes the programs as nating the redundancies identified under the program. follows: subparagraph (C). Subtitle E—Mental Health Care Matters (1) Warrior Transition Units and the (E) An identification of the individual in the Department who will be responsible for SEC. 751. ENHANCEMENT OF OVERSIGHT AND Wounded Warrior Program of the Army. MANAGEMENT OF DEPARTMENT OF (2) The Safe Harbor program of the Navy. leading implementation of the plan required DEFENSE SUICIDE PREVENTION (3) The Wounded Warrior Regiment of the by paragraph (1). AND RESILIENCE PROGRAMS. Marine Corps. (F) A schedule for the implementation of (a) IN GENERAL.—The Secretary of Defense (4) The Recovery Care Program and the the plan. shall, acting through the Under Secretary of Wounded Warrior programs of the Air Force. (b) STATUS REPORT.—Not later than one Defense for Personnel and Readiness, estab- (5) The Care Coalition of the United States year after the date of the enactment of this lish within the Office of the Secretary of De- Special Operations Command. Act, the Secretary shall submit to the Com- fense a position with responsibility for over- SEC. 732. REPORT ON DEPARTMENT OF DEFENSE mittees on Armed Services of the Senate and sight and management of all suicide preven- SUPPORT OF MEMBERS OF THE the House of Representatives a report on the tion and resilience programs and all prevent- ARMED FORCES WHO EXPERIENCE status of the implementation of the plan re- ative behavioral health programs of the De- TRAUMATIC INJURY AS A RESULT quired by subsection (a). partment of Defense (including those of the OF VACCINATIONS REQUIRED BY military departments and the Armed THE DEPARTMENT. SEC. 734. REPORT ON IMPLEMENTATION OF REC- Forces). OMMENDATIONS OF THE COMP- (a) REPORT.—Not later than 180 days after TROLLER GENERAL OF THE UNITED (b) SCOPE OF RESPONSIBILITIES.—The indi- the date of the enactment of this Act, the STATES ON PREVENTION OF HEAR- vidual serving in the position established Secretary of Defense shall, in consultation ING LOSS AMONG MEMBERS OF THE pursuant to subsection (a) shall have the re- with the Secretaries of the military depart- ARMED FORCES. sponsibilities as follows: ments, submit to the Committees on Armed Not later than 180 days after the date of (1) To establish a uniform definition of re- Services of the Senate and the House of Rep- the enactment of this Act, the Secretary of siliency for use in the suicide prevention and resentatives a report setting forth the re- Defense shall submit to the Committees on resilience programs and preventative behav- sults of a comprehensive review (conducted Armed Services of the Senate and the House ioral health programs of the Department of for purposes of the report) of the adequacy of Representatives a report on the implemen- Defense (including those of the military departments and the Armed Forces). and effectiveness of the policies, procedures, tation of the recommendations of the Comp- (2) In consultation with the National Cen- and systems of the Department of Defense in troller General of the United States in the ter for Post Traumatic Stress Disorder of the providing support to members of the Armed January 2011 report of the Comptroller Gen- Department of Veterans Affairs and other Forces who experience traumatic injury as a eral entitled ‘‘Hearing Loss Prevention: Im- provements to DOD Hearing Conservation appropriate public and private agencies and result of a vaccination required by the De- entities, to require the use of clinical best partment. Programs Could Lead to Better Outcomes’’ that address prevention of hearing loss, practices in mental health care, suicide pre- (b) ELEMENTS.—The report required by sub- abatement of hearing loss, data collection vention programs, and resilience programs of section (a) shall include the following: regarding hearing loss, and the need for a the Department of Defense, including the di- (1) The number and nature of traumatic in- new interagency data sharing system so that agnosis and treatment of behavioral health juries incurred by members of the Armed sufficient information is available to address disorders. Forces as a result of a vaccination required and track hearing injuries and loss. (3) To oversee and manage the comprehen- by the Department of Defense each year sive program on the prevention of suicide since January 1, 2001, set forth by aggregate SEC. 735. SENSE OF SENATE ON MENTAL HEALTH among members of the Armed Forces rein each year and by military department in COUNSELORS FOR MEMBERS OF quired by section 752. THE ARMED FORCES, VETERANS, each year. SEC. 752. COMPREHENSIVE PROGRAM ON PRE- AND THEIR FAMILIES. (2) Such recommendations as the Secretary VENTION OF SUICIDE AMONG MEM- of Defense considers appropriate for im- It is the sense of the Senate that— BERS OF THE ARMED FORCES. provements to the policies, procedures, and (1) the Secretary of Defense and the Sec- (a) COMPREHENSIVE PROGRAM REQUIRED.— systems (including tracking systems) of the retary of Veterans Affairs should develop a The Secretary of Defense shall, acting Department to identify members of the plan to ensure a sustainable flow of qualified through the Under Secretary of Defense for Armed Forces who experience traumatic in- counselors to meet the long-term needs of Personnel and Readiness, develop and imple- jury as a result of a vaccination required by members of the Armed Forces, veterans, and ment within the Department of Defense a the Department. their families for counselors; and comprehensive program on the prevention of (3) Such recommendations as the Secretary (2) the plan should include the participa- suicide among members of the Armed of Defense considers appropriate for im- tion of accredited schools and universities, Forces. In developing the program, the Sec- provements to the policies, procedures, and health care providers, professional coun- retary shall consider recommendations from systems of the Department to support mem- selors, family service or support centers, the operational elements of the Armed bers of the Armed Forces who experience chaplains, and other appropriate resources of Forces regarding the feasibility of the imple- traumatic injury as a result of a vaccination the Department of Defense and the Depart- mentation and execution of particular ele- required by the Department. ment of Veterans Affairs. ments of the program.

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(b) ELEMENTS.—The comprehensive pro- (e) QUALITY ASSURANCE.—In developing and ducting the assessment required by the con- gram required by subsection (a) shall include implementing the comprehensive program tract to submit to the Secretary of Defense, elements to achieve the following: required by subsection (a), the Under Sec- and to the congressional defense commit- (1) To raise awareness among members of retary shall develop and implement appro- tees, a report setting forth the results of the the Armed Forces about mental health con- priate mechanisms to provide for the over- assessment by not later than 180 days after ditions and the stigma associated with men- sight and management of the program, in- the date of entry into the contract. If the en- tal health conditions and mental health cluding quality measures to assess the effi- tity determines pursuant to the assessment care. cacy of the program in preventing suicide that the mental health care benefits avail- (2) To provide members of the Armed among members of the Armed Forces. able for members of the Armed Forces and Forces generally, members of the Armed SEC. 753. QUALITY REVIEW OF MEDICAL EVALUA- other covered beneficiaries under the Forces in supervisory positions (including of- TION BOARDS, PHYSICAL EVALUA- TRICARE program are not adequate to meet ficers in command billets and non-commis- TION BOARDS, AND PHYSICAL EVAL- the needs of such members and beneficiaries sioned officers), and medical personnel of the UATION BOARD LIAISON OFFICERS. for mental health care, the report shall in- Armed Forces and the Department of De- (a) IN GENERAL.—The Secretary of Defense clude such recommendations for legislative fense with effective means of identifying shall standardize, assess, and monitor the or administrative action as the entity con- members of the Armed Forces who are at quality assurance programs of the military siders appropriate to remediate any identi- risk for suicide (including enhanced means departments to evaluate the following in the fied inadequacy. (c) DEFINITIONS.—In this section: for early identification and treatment of performance of their duties (including duties (1) The term ‘‘covered beneficiaries’’ has such members). under chapter 61 of title 10, United States the meaning given that term in section (3) To provide members of the Armed Code): 1072(5) of title 10, United States Code. Forces who are at risk of suicide with con- (1) Medical Evaluation Boards (MEBs). (2) The term ‘‘TRICARE program’’ has the tinuous access to suicide prevention serv- (2) Physical Evaluation Boards (PEBs). (3) Physical Evaluation Board Liaison Offi- meaning given that term in section 1072(7) of ices, including suicide crisis services. title 10, United States Code. (4) To evaluate and assess the effectiveness cers (PEBLOs). (b) OBJECTIVES.—The objectives of the SEC. 755. SHARING BETWEEN DEPARTMENT OF of the suicide prevention and resilience pro- DEFENSE AND DEPARTMENT OF grams and preventative behavioral health quality assurance program shall be as follows: VETERANS AFFAIRS OF RECORDS programs of the Department of Defense (in- AND INFORMATION RETAINED cluding those of the military departments (1) To ensure accuracy and consistency in UNDER THE MEDICAL TRACKING and the Armed Forces), including the devel- the determinations and decisions of Medical SYSTEM FOR MEMBERS OF THE opment of metrics for that purpose. Evaluation Boards and Physical Evaluation ARMED FORCES DEPLOYED OVER- (5) To evaluate and assess the current diag- Boards. SEAS. (a) IN GENERAL.—The Secretary of Defense nostic tools and treatment methods in the (2) To otherwise monitor and sustain prop- and the Secretary of Veterans Affairs shall programs referred to in paragraph (4) in er performance of the duties of Medical Eval- uation Boards and Physical Evaluation jointly enter into a memorandum of under- order to ensure clinical best practices are standing providing for the sharing by the De- used in such programs. Boards, and of Physical Evaluation Board Li- aison Officers. partment of Defense with the Department of (6) To ensure that the programs referred to Veterans Affairs of the results of examina- in paragraph (4) incorporate evidenced-based (3) Such other objectives as the Secretary shall specify for purposes of the quality as- tions and other records on members of the practices when available. Armed Forces that are retained and main- (7) To provide for the training of mental surance program. (c) REPORTS.— tained with respect to the medical tracking health care providers on evidence-based (1) REPORT ON IMPLEMENTATION.—Not later system for members deployed overseas under therapies in connection with suicide preven- than 180 days after the date of the enactment section 1074f(c) of title 10, United States tion. of this Act, the Secretary shall submit to the Code. (8) To establish training standards for be- appropriate committees of Congress a report (b) CESSATION UPON IMPLEMENTATION OF havioral health care providers in order to en- setting forth the plan of the Secretary for ELECTRONIC HEALTH RECORD.—The sharing sure that such providers receive training on the implementation of the requirements of required pursuant to subsection (a) shall clinical best practices and evidence-based cease on the date on which the Secretary of this section. treatments as information on such practices Defense and the Secretary of Veterans Af- (2) ANNUAL REPORTS.—Not later than one and treatments becomes available, and to fairs jointly certify to Congress that the Sec- year after the date of the submittal of the ensure such standards are met. retaries have fully implemented an inte- report required by paragraph (1), and annu- (9) To provide for the integration of mental grated electronic health record for members ally thereafter for the next four years, the health screenings and suicide risk and pre- of the Armed Forces that is fully interoper- Secretary shall submit to the appropriate vention for members of the Armed Forces able between the Department of Defense and committees of Congress a report setting into the delivery of primary care for such the Department of Veterans Affairs. forth an assessment of the implementation members. SEC. 756. PARTICIPATION OF MEMBERS OF THE of the requirements of this section during (10) To ensure appropriate responses to at- ARMED FORCES IN PEER SUPPORT the one-year period ending on the date of the tempted or completed suicides among mem- COUNSELING PROGRAMS OF THE report under this paragraph. Each report bers of the Armed Forces, including guidance DEPARTMENT OF VETERANS AF- shall include, in particular, an assessment of FAIRS. and training to assist commanders in ad- the extent to which the quality assurance (a) PARTICIPATION.— dressing incidents of attempted or completed program under the requirements of this sec- (1) IN GENERAL.—The Secretary of Defense suicide within their units. tion meets the objectives specified in sub- and the Secretary of Veterans Affairs shall (11) To ensure the protection of the privacy section (b). jointly enter into a memorandum of under- of members of the Armed Forces seeking or (3) APPROPRIATE COMMITTEES OF CONGRESS standing providing for members of the receiving treatment relating to suicide. DEFINED.—In this subsection, the term ‘‘ap- Armed Forces described in subsection (b) to (12) Such other matters as the Secretary of propriate committees of Congress’’ means— volunteer or be considered for employment Defense considers appropriate in connection (A) the Committee on Armed Services and as peer counselors under the following: with the prevention of suicide among mem- the Committee on Veterans’ Affairs of the (A) The peer support counseling program bers of the Armed Forces. Senate; and carried out by the Secretary of Veterans Af- (c) CONSULTATION.—In developing and im- (B) the Committee on Armed Services and fairs under subsection (j) of section 1720F of plementing the comprehensive program re- the Committee on Veterans’ Affairs of the title 38, United States Code, as part of the quired by subsection (a), the Under Sec- House of Representatives. comprehensive program for suicide preven- retary shall consult with appropriate offi- SEC. 754. ASSESSMENT OF ADEQUACY OF MEN- tion among veterans under subsection (a) of cials and elements of the Department of De- TAL HEALTH CARE BENEFITS such section. fense, appropriate centers of excellence with- UNDER THE TRICARE PROGRAM. (B) The peer support counseling program in the Department of Defense, and other pub- (a) INDEPENDENT ASSESSMENT REQUIRED.— carried out by the Secretary of Veterans Af- lic and private entities with expertise in Not later than 180 days after the date of the fairs under section 304(a)(1) of the Caregivers mental health and suicide prevention. enactment of this Act, the Secretary of De- and Veterans Omnibus Health Services Act (d) IMPLEMENTATION BY THE ARMED fense shall, in consultation with the Sec- of 2010 (Public Law 111–163; 124 Stat. 1150; 38 FORCES.—In implementing the comprehen- retary of Health and Human Services, enter U.S.C. 1712A note). sive program required by subsection (a) with into a contract with an appropriate inde- (2) TRAINING.—Any member participating respect to an Armed Force, the Secretary of pendent entity to assess whether the mental in a peer support counseling program under the military department concerned may, in health care benefits available for members of paragraph (1) shall receive the training for consultation with the Under Secretary and the Armed Forces and other covered bene- peer counselors under section 1720F(j)(2) of with the approval of the Secretary of De- ficiaries under the TRICARE program are title 38, United States Code, or section 304(c) fense, modify particular elements of the pro- adequate to meet the needs of such members of the Caregivers and Veterans Omnibus gram in order to adapt the program appro- and beneficiaries for mental health care. Health Services Act of 2010, as applicable, be- priately to the unique culture and elements (b) REPORT.—The contract required by sub- fore performing peer support counseling du- of that Armed Force. section (a) shall require the entity con- ties under such program.

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(b) COVERED MEMBERS.—Members of the with the Secretary of Veterans Affairs estab- (i) providers of Department mental health Armed Forces described in this subsection lishing procedures under which a veteran services; are the following: may deliver a controlled substance to an em- (ii) veterans who served in the Armed (1) Members of the reserve components of ployee of the Department of Veterans Affairs Forces in Operation Enduring Freedom, Op- the Armed Forces who are demobilizing after to be disposed of in accordance with section eration Iraqi Freedom, or Operation New deployment in a theater of combat oper- 302(g) of the Controlled Substances Act. Dawn who are receiving mental health care ations, including, in particular, members (2) VETERAN DEFINED.—In this subsection, furnished by the Department; and who participated in combat against the the term ‘‘veteran’’ has the meaning given (iii) eligible veterans who served in the enemy while so deployed. that term in section 101 of title 38, United Armed Forces in Operation Enduring Free- (2) Members of the regular components of States Code. dom, Operation Iraqi Freedom, or Operation the Armed Forces separating from active SEC. 759. TRANSPARENCY OF MENTAL HEALTH New Dawn who are not using Department duty who have been deployed in a theater of CARE SERVICES. health care services to assess those barriers combat operations in which such members (a) MEASUREMENT OF MENTAL HEALTH CARE described in subparagraph (A); and participated in combat against the enemy. SERVICES.— (E) to provide to the Secretary, on the basis of its assessments as delineated in sub- SEC. 757. RESEARCH AND MEDICAL PRACTICE ON (1) IN GENERAL.—Not later than December MENTAL HEALTH CONDITIONS. 31, 2013, the Secretary of Veterans Affairs paragraphs (A) through (C), specific, detailed (a) DEPARTMENT OF DEFENSE ORGANIZATION shall develop and implement a comprehen- recommendations— ON RESEARCH AND PRACTICE.—The Secretary sive set of measures to assess mental health (i) for overcoming barriers, and improving of Defense shall establish within the Depart- care services furnished by the Department of access, to timely, effective mental health ment of Defense an organization to carry out Veterans Affairs. care at Department health care facilities (or, the responsibilities specified in subsection where Department facilities cannot provide (2) ELEMENTS.—The measures developed such care, through contract arrangements (b). and implemented under paragraph (1) shall (b) RESPONSIBILITIES.—The organization es- under existing law); and provide an accurate and comprehensive as- tablished under subsection (a) shall— (ii) to improve the effectiveness and effi- sessment of the following: (1) carry out programs and activities de- ciency of mental health services furnished by (A) The timeliness of the furnishing of signed to provide for the translation of re- the Secretary. mental health care by the Department. search on the diagnosis and treatment of (3) PARTICIPATION BY FORMER OFFICIALS AND (B) The satisfaction of patients who re- mental health conditions into policy on med- EMPLOYEES OF VETERANS HEALTH ADMINISTRA- ceive mental health care services furnished ical practices; TION.—The Secretary shall ensure that any by the Department. (2) make recommendations to the Assist- contract entered into under paragraph (1) (C) The capacity of the Department to fur- ant Secretary of Defense for Health Affairs provides for inclusion on any subcommittee nish mental health care. on the translation of such research into the which participates in conducting the assess- (D) The availability and furnishing of evi- policies of the Department of Defense on ments and formulating the recommendations dence-based therapies by the Department. medical practices with respect to members provided for in paragraph (2) at least one of the Armed Forces; and (b) GUIDELINES FOR STAFFING MENTAL former official of the Veterans Health Ad- (3) discharge such other responsibilities re- HEALTH CARE SERVICES.—Not later than De- ministration and at least two former em- lating to research and medical practices on cember 31, 2013, the Secretary shall develop ployees of the Veterans Health Administra- mental health conditions, and the policies of and implement guidelines for the staffing of tion who were providers of mental health the Department on such practices with re- general and specialty mental health care care. spect to members of the Armed Forces, as services, including at community-based out- (4) PERIODIC REPORTS TO SECRETARY.—In the Secretary or the Assistant Secretary patient clinics. Such guidelines shall include entering into the contract described in para- shall specify for purposes of this section. productivity standards for providers of men- graph (1), the Secretary shall, with respect (c) REPORTS.— tal health care. to paragraph (1)(A), include in such contract (1) INITIAL REPORT.—Not later than 120 (c) STUDY COMMITTEE.— a provision for the submittal to the Sec- days after the date of the enactment of this (1) IN GENERAL.—The Secretary shall seek retary of periodic reports and provision of Act, the Secretary shall submit to Congress to enter into a contract with the National other consultation to the Secretary by the a report on the organization required by sub- Academy of Sciences to create a study com- study committee to assist the Secretary in section (a). The report shall include a de- mittee— carrying out subsections (a) and (b). scription of the organization and a plan for (A) to consult with the Secretary on the (5) REPORTS TO CONGRESS.—Not later than implementing the requirements of this sec- Secretary’s development and implementa- 30 days after receiving a report under para- tion. tion of the measures and guidelines required graph (4), the Secretary shall submit to the (2) ANNUAL REPORTS.—The Secretary shall by subsections (a) and (b); and Committee on Veterans’ Affairs of the Sen- submit to Congress each year a report on the (B) to conduct an assessment and provide ate and the Committee on Veterans’ Affairs activities of the organization established an analysis and recommendations on the of the House of Representatives a report on under subsection (a) during the preceding state of Department mental health services. the plans of the Secretary to implement such year. Each report shall include the following: (2) FUNCTIONS.—In entering into the con- recommendations submitted to the Sec- (A) A summary description of the activi- tract described in paragraph (1), the Sec- retary by the study committee as the Sec- ties of the organization during the preceding retary shall, with respect to paragraph retary considers appropriate. Such report year. (1)(B), include in such contract a provision shall include a description of each rec- (B) A description of the recommendations for the study committee— ommendation submitted to the Secretary made by the organization to the Assistant (A) to conduct a comprehensive assessment that the Secretary does not plan to carry out Secretary under subsection (b)(2) during the of barriers to access to mental health care and an explanation of why the Secretary year, and a description of the actions under- by veterans who served in the Armed Forces does not plan to carry out such recommenda- taken (or to be undertaken) by the Assistant in Operation Enduring Freedom, Operation tion. Secretary in response to such recommenda- Iraqi Freedom, or Operation New Dawn; (d) PUBLICATION.— tions. (B) to assess the quality of the mental (1) IN GENERAL.—The Secretary shall make (C) Such other matters relating to the ac- health care being provided to such veterans available to the public on an Internet tivities of the organization, including rec- (including the extent to which veterans are website of the Department the following: ommendations for additional legislative or afforded choices with respect to modes of (A) The measures and guidelines developed administrative action, as the Secretary, in treatment) through site visits to facilities of and implemented under this section. consultation with the Assistant Secretary, the Veterans Health Administration (includ- (B) An assessment of the performance of considers appropriate. ing at least one site visit in each Veterans the Department using such measures and SEC. 758. DISPOSAL OF CONTROLLED SUB- Integrated Service Network), evaluating guidelines. STANCES. studies of patient outcomes, and other ap- (2) QUARTERLY UPDATES.—The Secretary (a) MEMBERS OF THE ARMED FORCES.—The propriate means; shall update the measures, guidelines, and Administrator of the Drug Enforcement Ad- (C) to assess whether, and the extent to assessment made available to the public ministration shall enter into a memorandum which, veterans who served in the Armed under paragraph (1) not less frequently than of understanding with the Secretary of De- Forces in Operation Enduring Freedom, Op- quarterly. fense establishing procedures under which a eration Iraqi Freedom, or Operation New (e) SEMIANNUAL REPORTS.— member of the Armed Forces may deliver a Dawn are being offered a full range of nec- (1) IN GENERAL.—Not later than June 30, controlled substance to a member of the essary mental health services at Department 2013, and not less frequently than twice each Armed Forces or an employee of the Depart- health care facilities, including early inter- year thereafter, the Secretary shall submit ment of Defense to be disposed of in accord- vention services for hazardous drinking, re- to the Committee on Veterans’ Affairs of the ance with section 302(g) of the Controlled lationship problems, and other behaviors Senate and the Committee on Veterans’ Af- Substances Act (21 U.S.C. 822(g)). that create a risk for the development of a fairs of the House of Representatives a re- (b) VETERANS.— chronic mental health condition; port on the Secretary’s progress in devel- (1) IN GENERAL.—The Administrator shall (D) to conduct surveys or have access to oping and implementing the measures and enter into a memorandum of understanding Department-administered surveys of— guidelines required by this section.

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

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(4) DEADLINE FOR COMMENCEMENT OF PRO- viduals in accordance with section 1712A of ‘‘(f) VET CENTER DEFINED.—In this section, GRAM.—The Secretary of Veterans Affairs this title. the term ‘Vet Center’ has the meaning given shall ensure that the peer support counseling ‘‘(b) CHIEF OFFICER.—(1) The head of the the term in section 1712A(g) of this title.’’. program required by section 1720F(j) of title Readjustment Counseling Service shall be (b) CLERICAL AMENDMENT.—The table of 38, United States Code, as amended by this the Chief Officer of the Readjustment Coun- sections at the beginning of chapter 73 of subsection, commences at each Department seling Service (in this section the ‘Chief Offi- such title is amended by inserting after the of Veterans Affairs medical center not later cer’), who shall report directly to the Under item relating to section 7308 the following than 270 days after the date of the enactment Secretary for Health. new item: of this Act. ‘‘(2) The Chief Officer shall be appointed by ‘‘7309. Readjustment Counseling Service.’’. (b) PEER OUTREACH AND PEER SUPPORT the Under Secretary for Health from among (c) CONFORMING AMENDMENTS.—Section SERVICES AT DEPARTMENT MEDICAL CENTERS individuals who— 7305 of such title is amended— UNDER PROGRAM ON READJUSTMENT AND MEN- ‘‘(A)(i) are psychologists who hold a di- (1) by redesignating paragraph (7) as para- TAL HEALTH CARE SERVICES FOR VETERANS ploma as a doctorate in clinical or coun- graph (8); and WHO SERVED IN OPERATION ENDURING FREE- seling psychology from an authority ap- (2) by inserting after paragraph (6) the fol- DOM AND OPERATION IRAQI FREEDOM.— proved by the American Psychological Asso- lowing new paragraph (7): (1) IN GENERAL.—Section 304 of the Care- ciation and who have successfully undergone ‘‘(7) A Readjustment Counseling Service.’’. givers and Veterans Omnibus Health Serv- an internship approved by that association; SEC. 763. RECRUITING MENTAL HEALTH PRO- ices Act of 2010 (38 U.S.C. 1712A note; Public ‘‘(ii) are holders of a master in social work VIDERS FOR FURNISHING OF MEN- Law 111–163) is amended— TAL HEALTH SERVICES ON BEHALF (A) by redesignating subsection (e) as sub- degree; or OF THE DEPARTMENT OF VETERANS ‘‘(iii) hold such other advanced degrees re- section (f); and AFFAIRS WITHOUT COMPENSATION (B) by inserting after subsection (d) the lated to mental health as the Secretary con- FROM THE DEPARTMENT. following new subsection (e): siders appropriate; (a) IN GENERAL.—The Secretary of Vet- ‘‘(e) PROVISION OF PEER OUTREACH AND ‘‘(B) have at least three years of experience erans Affairs shall carry out a national pro- PEER SUPPORT SERVICES AT DEPARTMENT providing direct counseling services or out- gram of outreach to societies, community MEDICAL CENTERS.—The Secretary shall reach services in the Readjustment Coun- organizations, nonprofit organizations, or carry out the services required by subpara- seling Service; government entities in order to recruit men- graphs (A) and (B) of subsection (a)(1) at ‘‘(C) have at least three years of experience tal health providers, who meet the quality each Department medical center.’’. administrating direct counseling services or standards and requirements of the Depart- (2) DEADLINE.—The Secretary of Veterans outreach services in the Readjustment Coun- ment of Veterans Affairs, to provide mental Affairs shall commence carrying out the seling Service; health services for the Department on a services required by subparagraphs (A) and ‘‘(D) meet the quality standards and re- part-time, without-compensation basis, (B) of subsection (a)(1) of such section at quirements of the Department; and under section 7405 of title 38, United States each Department of Veterans Affairs medical ‘‘(E) are veterans who served in combat as Code. center, as required by subsection (e) of such members of the Armed Forces. (b) PARTNERING WITH AND DEVELOPING COM- section (as added by paragraph (1)), not later ‘‘(c) STRUCTURE.—(1) The Readjustment MUNITY ENTITIES AND NONPROFIT ORGANIZA- than 270 days after the date of the enactment Counseling Service is a distinct organiza- TIONS.—In carrying out the program required tional element within Veterans Health Ad- by subsection (a), the Secretary may partner of this Act. ministration. with a community entity or nonprofit orga- TITLE VIII—ACQUISITION POLICY, ACQUI- ‘‘(2) The Readjustment Counseling Service nization or assist in the development of a SITION MANAGEMENT, AND RELATED shall provide counseling and services as de- community entity or nonprofit organization, MATTERS scribed in subsection (a). including by entering into an agreement Subtitle A—Provisions Relating to Major ‘‘(3) The Chief Officer shall have direct au- under section 8153 of title 38, United States Defense Acquisition Programs thority over all Readjustment Counseling Code, that provides strategic coordination of SEC. 801. LIMITATION ON USE OF COST-TYPE Service staff and assets, including Vet Cen- the societies, organizations, and government CONTRACTS. ters. entities described in subsection (a) in order (a) PROHIBITION WITH RESPECT TO PRODUC- ‘‘(d) SOURCE OF FUNDS.—(1) Amounts for to maximize the availability and efficient TION OF MAJOR DEFENSE ACQUISITION PRO- the activities of the Readjustment Coun- delivery of mental health services to vet- GRAMS.—Not later than 120 days after the seling Service, including the operations of erans by such societies, organizations, and date of the enactment of this Act, the Sec- its Vet Centers, shall be derived from government entities. retary of Defense shall modify the acquisi- amounts appropriated for the Veterans (c) MILITARY CULTURE TRAINING.—In car- tion regulations of the Department of De- Health Administration for medical care. rying out the program required by sub- fense to prohibit the Department from enter- ‘‘(2) Amounts for activities of the Read- section (a), the Secretary shall provide ing into cost-type contracts for the produc- justment Counseling Service, including the training to mental health providers to en- tion of major defense acquisition programs operations of its Vet Centers, shall not be al- sure that clinicians who provide mental (MDAPs). located through the Veterans Equitable Re- health services as described in such sub- (b) EXCEPTION.— source Allocation system. section have sufficient understanding of (1) IN GENERAL.—The prohibition under ‘‘(3) In each budget request submitted for military- and service-specific culture, com- subsection (a) shall not apply in the case of the Department of Veterans Affairs by the bat experience, and other factors that are a particular cost-type contract if the Under President to Congress under section 1105 of unique to the experience of veterans who Secretary of Defense for Acquisition, Tech- title 31, the budget request for the Readjust- served in Operation Enduring Freedom, Op- nology, and Logistics, after consultation ment Counseling Service shall be listed sepa- erating Iraqi Freedom, or Operation New with the Director of Cost Assessment and rately. Dawn. Program Evaluation— ‘‘(e) ANNUAL REPORT.—(1) Not later than SEC. 764. PEER SUPPORT. (A) certifies, in writing, with reasons, that March 15 of each year, the Secretary shall (a) PEER SUPPORT COUNSELING PROGRAM.— a cost-type contract is needed to provide a submit to the Committee on Veterans’ Af- (1) PROGRAM REQUIRED.—Paragraph (1) of required capability in a timely and cost-ef- fairs of the Senate and the Committee on section 1720F(j) of title 38, United States fective manner; and Veterans’ Affairs of the House of Representa- Code, is amended in the matter before sub- (B) provides the certification to the con- tives a report on the activities of the Read- paragraph (A) by striking ‘‘may’’ and insert- gressional defense committees not later than justment Counseling Service during the pre- ing ‘‘shall’’. 30 business days before issuing a solicitation ceding calendar year. (2) TRAINING.—Paragraph (2) of such sec- for the contract. ‘‘(2) Each report submitted under para- tion is amended by inserting after ‘‘peer (2) SCOPE OF EXCEPTION.—In any case when graph (1) shall include, with respect to the counselors’’ the following: ‘‘, including train- the Under Secretary grants an exception period covered by the report, the following: ing carried out under the national program under paragraph (1), the Under Secretary ‘‘(A) A summary of the activities of the of training required by section 304(c) of the shall take affirmative steps to make sure Readjustment Counseling Service, including Caregivers and Veterans Omnibus Health that the use of cost-type pricing is limited to Vet Centers. Services Act of 2010 (38 U.S.C. 1712A note; only those line items or portions of the con- ‘‘(B) A description of the workload and ad- Public Law 111–163)’’. tract where such pricing is needed to achieve ditional treatment capacity of the Vet Cen- (3) AVAILABILITY OF PROGRAM AT DEPART- the purposes of the exception. A written cer- ters, including, for each Vet Center, the MENT MEDICAL CENTERS.—Such section is tification under paragraph (1) shall be ac- ratio of the number of full-time equivalent amended by adding at the end the following companied by an explanation of the steps employees at such Vet Center and the num- new paragraph: taken under this paragraph.

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(c) DEFINITIONS.—In this section: (3) by inserting before paragraph (2), as re- SEC. 805. TECHNICAL CHANGE REGARDING PRO- (1) MAJOR DEFENSE ACQUISITION PROGRAM.— designated by paragraph (2) of this sub- GRAMS EXPERIENCING CRITICAL The term ‘‘major defense acquisition pro- section, the following new paragraph (1): COST GROWTH DUE TO CHANGE IN gram’’ has the meaning given the term in ‘‘(1) where appropriate, breaking out a QUANTITY PURCHASED. section 2430(a) of title 10, United States major subsystem, conducting a separate Section 2433a(c)(3)(A) of title 10, United Code. competition for the subsystem, and pro- States Code, is amended by striking ‘‘subparagraphs (B) and (C)’’ and inserting ‘‘sub- (2) PRODUCTION OF A MAJOR DEFENSE ACQUI- viding the subsystem to the prime con- SITION PROGRAM.—The term ‘‘production of a tractor as government-furnished equip- paragraphs (B), (C), and (E)’’. major defense acquisition program’’ means ment;’’. SEC. 806. REPEAL OF REQUIREMENT TO REVIEW the production, either on a low-rate initial ONGOING PROGRAMS INITIATED BE- production or full-rate production basis, and SEC. 803. MANAGEMENT STRUCTURE FOR DEVEL- FORE ENACTMENT OF MILESTONE B OPMENTAL TEST AND EVALUATION. CERTIFICATION AND APPROVAL deployment of a major system that is in- PROCESS. (a) DUTIES OF DASD FOR DEVELOPMENTAL tended to achieve an operational capability Subsection (b) of section 205 of the Weapon TEST AND EVALUATION.—Subsection (a)(5) of that satisfies mission needs, or any activity Systems Acquisition Reform Act of 2009 otherwise defined as Milestone C under De- section 139b of title 10, United States Code is (Public Law 111–23; 123 Stat. 1725; 10 U.S.C. partment of Defense Instruction 5000.02 or re- amended— 2366b note) is repealed. lated authorities. (1) in subparagraph (A)(i), by striking ‘‘in (3) CONTRACT FOR THE PRODUCTION OF A the Department of Defense’’ and inserting Subtitle B—Acquisition Policy and MAJOR DEFENSE ACQUISITION PROGRAM.—The ‘‘of the military departments and other ele- Management term ‘‘contract for the production of a major ments of the Department of Defense’’; and SEC. 821. ONE-YEAR EXTENSION OF TEMPORARY defense acquisition program’’— (2) in subparagraph (C), by striking ‘‘pro- LIMITATION ON AGGREGATE AN- (A) means a prime contract for the produc- grams’’ and inserting ‘‘programs (including NUAL AMOUNT AVAILABLE FOR tion of a major defense acquisition program; the activities of chief developmental testers CONTRACT SERVICES. and and lead developmental test evaluation orga- Section 808 of the National Defense Au- (B) does not include individual line items nizations designated in accordance with sub- thorization Act for Fiscal Year 2012 (Public for segregable efforts or contracts for the in- section (c))’’. Law 112–81; 125 Stat. 1489) is amended— cremental improvement of systems that are (1) by striking ‘‘fiscal year 2012 or 2103’’ (b) DUTIES OF CHIEF DEVELOPMENTAL already in production (other than contracts each place it appears and inserting ‘‘fiscal TESTER AND LEAD DEVELOPMENTAL TEST AND for major upgrades that are themselves year 2012, 2013, or 2014’’; and EVALUATION ORGANIZATION.—Subsection (c) major defense acquisition programs). (2) by striking ‘‘fiscal years 2012 and 2013’’ of such section is amended— (d) APPLICABILITY.—The requirements of each place it appears and inserting ‘‘fiscal this section shall apply to contracts for the (1) in paragraph (2), by striking ‘‘shall be years 2012, 2103, and 2014’’. responsible for’’ and inserting ‘‘, consistent production of major defense acquisition pro- SEC. 822. PROHIBITION OF EXCESSIVE PASS- grams entered into on or after October 1, with policies and guidance issued pursuant THROUGH CONTRACTS AND 2014. to subsection (a)(5)(A), shall be responsible CHARGES IN THE ACQUISITION OF SEC. 802. ACQUISITION STRATEGIES FOR MAJOR for’’; SERVICES. SUBSYSTEMS AND SUBASSEMBLIES (2) in paragraph (3), by striking ‘‘shall be (a) IN GENERAL.—Not later than 90 days ON MAJOR DEFENSE ACQUISITION responsible for’’ and inserting ‘‘, consistent after the date of the enactment of this Act, PROGRAMS. with policies and guidance issued pursuant the Federal Acquisition Regulation shall be (a) IN GENERAL.—The Secretary of Defense to subsection (a)(5)(A), shall be responsible revised to— shall ensure that the acquisition strategy for for’’; and (1) prohibit the award of a covered contract each major defense acquisition program— (3) by adding at the end the following new or task order unless the contractor agrees (1) provides, where appropriate, for break- paragraph: that at least 50 percent of the direct labor ing out a major subsystem or subassembly, ‘‘(4) TRANSMITTAL OF RECORDS AND DATA.— cost of services to be performed under the conducting a separate competition or negoti- The chief developmental tester and the lead contract or task order will be expended for ating a separate price for the subsystem or developmental test and evaluation organiza- employees of the contractor or of a subcon- subassembly, and providing the subsystem or tion for a major defense acquisition program tractor that is specifically identified and au- subassembly to the prime contractor as gov- shall promptly transmit to the Deputy As- thorized to perform such work in the con- ernment-furnished equipment; and sistant Secretary for Developmental Test tract or task order; (2) in any case where it is not practical or and Evaluation any records or data relating (2) provide that the contracting officer for appropriate to break out a major subsystem to the program that are requested by the a covered contract or task order may author- or subassembly and provide it to the prime Deputy Assistant Secretary, as provided in ize reliance upon a subcontractor or subcontractor as government-furnished equip- subsection (a)(6).’’. contractors to meet the requirement in para- ment, includes measures to prevent exces- graph (1) only upon a written determination sive pass-through charges by the prime con- SEC. 804. ASSESSMENTS OF POTENTIAL TERMI- NATION LIABILITY OF CONTRACTS that such reliance is in the best interest of tractor. the executive agency concerned, after taking (b) DEFINITIONS.—In this section: FOR THE DEVELOPMENT OR PRO- DUCTION OF MAJOR DEFENSE AC- into account the added cost for overhead (in- (1) The term ‘‘excessive pass-through QUISITION PROGRAMS. cluding general and administrative costs) charges’’ means pass-through charges that are not reasonable in relation to the cost of (a) REPORT ON ASSESSMENT REQUIRED.—Not and profit that may be incurred as a result of direct labor provided by employees of the later than 30 days before entering into a cov- the pass-through; contractor, any other costs directly attrib- ered contract, the Under Secretary of De- (3) require the contracting officer for a utable to the management of the sub- fense for Acquisition, Technology, and Logis- covered contract or task order for which contract by employees of the contractor, and tics shall submit to the congressional de- more than 70 percent of the direct labor cost the level of risk and responsibility, if any, fense committees a report on the potential of services to be performed will be expended assumed by the prime contractor for the per- termination liability of the Department of for persons other than employees of the conformance of the subcontract. Defense under the contract, including— tractor to ensure that amounts paid to the (2) The term ‘‘major defense acquisition (1) an estimate of the maximum potential contractor for overhead (including general program’’ has the meaning given the term in termination liability certification for the and administrative costs) and profit are rea- section 2430(a) of title 10, United States contract; and sonable in relation to the cost of direct labor Code. (2) an assessment how such termination li- provided by employees of the contractor and (3) The term ‘‘pass-through charges’’ ability is likely to increase or decrease over any other costs directly attributable to the means prime contractor charges for overhead the period of performance of the contract. management of the subcontract by employ- (including general and administrative costs) ees of the contractor; (b) COVERED CONTRACTS.—For purposes of (4) include such exceptions to the require- or profit on a subsystem or subassembly that this section, a covered contract is a contract is produced by an entity or entities other ments in paragraphs (2) and (3) as the Fed- for the development or production of a major eral Acquisition Regulatory Council con- than the prime contractor. defense acquisition program for which the (c) CONFORMING AMENDMENTS.—Section siders appropriate in the interests of the Under Secretary of Defense for Acquisition, 202(c) of the Weapon Systems Acquisition United States, which exceptions shall be per- Reform Act of 2009 (Public Law 111–23; 123 Technology, and Logistics is the Milestone missible only in exceptional circumstances Stat. 1720; 10 U.S.C. 2430 note) is amended— Decision Authority if the contract has a po- and for instances demonstrated by the Coun- (1) in the matter preceding paragraph (1), tential termination liability of the Depart- cil to be cost-effective; and by striking ‘‘fair and objective ‘make-buy’ ment of Defense that could reasonably be ex- (5) include such exceptions to the require- decisions by prime contractors’’ and insert- pected to exceed $100,000,000. ments in paragraphs (2) and (3) as the Sec- ing ‘‘competition or the option of competi- (c) MAJOR DEFENSE ACQUISITION PROGRAM retary of Defense considers appropriate in tion at the subcontract level’’; DEFINED.—In this section, the term ‘‘major the interests of the national defense. (2) by redesignating paragraphs (1), (2), and defense acquisition program’’ has the mean- (b) COVERED CONTRACT OR TASK ORDER DE- (3) as paragraphs (2), (3), and (4), respec- ing given that term in section 2430 of title 10, FINED.—In this section, the term ‘‘covered tively; and United States Code. contract or task order’’ means a contract or

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7502 CONGRESSIONAL RECORD — SENATE December 5, 2012 task order for the performance of services Act, the Under Secretary of Defense for Ac- (2) in clause (ii)— (other than construction) with a value in ex- quisition, Technology, and Logistics shall (A) by striking ‘‘required by subsection cess of the simplified acquisition threshold develop a plan for the implementation of the (a)’’ and inserting ‘‘provided for under sub- that is entered into for or on behalf of an ex- authority provided by the amendments made section (a)’’; and ecutive agency, except that such term does by subsection (a) with regard to temporary (B) by striking ‘‘subsection (a)(5)’’ and in- not include any contract or task order that members of the defense acquisition work- serting ‘‘subsection (a)(4)’’. provides a firm, fixed price for each task to force. The plan shall include policy, criteria, SEC. 826. EXTENSION OF PILOT PROGRAM ON be performed and is— and processes for designating temporary MANAGEMENT OF SUPPLY-CHAIN (1) awarded on the basis of adequate price members and appropriate safeguards to pre- RISK. competition; or vent the abuse of such authority. Section 806(g) of the Ike Skelton National (2) for the acquisition of commercial serv- SEC. 824. DEPARTMENT OF DEFENSE POLICY ON Defense Authorization Act for Fiscal Year ices as defined in paragraphs (5) and (6) of CONTRACTOR PROFITS. 2011 (Public Law 111–383; 124 Stat. 4262; 10 section 103 of title 41, United States Code. (a) REVIEW OF GUIDELINES ON PROFITS.— U.S.C. 2304 note) is amended by striking ‘‘the (c) EFFECTIVE DATE.—The requirements of The Secretary of Defense shall review the date that is three years after the date of the this section shall apply to— profit guidelines in the Department of De- enactment of this Act’’ and inserting ‘‘Janu- (1) covered contracts that are awarded on fense Supplement to the Federal Acquisition ary 1, 2016’’. or after the date that is 90 days after the Regulation in order to identify any modifica- SEC. 827. SENSE OF SENATE ON THE CONTINUING date of the enactment of this Act; and tions to such guidelines that are necessary PROGRESS OF THE DEPARTMENT OF (2) covered task orders that are awarded on to ensure an appropriate link between con- DEFENSE IN IMPLEMENTING ITS or after the date that is 90 days after the tractor profit and contractor performance. ITEM UNIQUE IDENTIFICATION INI- (b) MATTERS TO BE CONSIDERED.—In con- TIATIVE. date of the enactment of this Act under conducting the review required by subsection (a) FINDINGS.—The Senate makes the fol- tracts that are awarded before, on, or after (a), the Secretary shall consider, at a min- lowing findings: such date. imum, the following: (1) In 2003, the Department of Defense initi- (d) OTHER DEFINITIONS.—In this section: (1) Appropriate levels of profit needed to (1) The term ‘‘executive agency’’ has the ated the Item Unique Identification (IUID) sustain competition in the defense industry, meaning given that term in section 133 of Initiative, which requires the marking and taking into account contractor investment title 41, United States Code. tracking of assets deployed throughout the and cash flow. (2) The term ‘‘Federal Acquisition Regu- Armed Forces or in the possession of Depart- (2) Appropriate adjustments to address latory Council’’ means the Federal Acquisi- ment contractors. contract and performance risk assumed by tion Regulatory Council under section (2) The Initiative has the potential for re- the contractor, taking into account the ex- 1302(a) of title 41, United States Code. alizing significant cost savings and improv- tent to which such risk is passed on to sub- (e) CONFORMING REPEAL.—Section 852 of ing the management of defense equipment the John Warner National Defense Author- contractors. and supplies throughout their lifecycle. ization Act for Fiscal Year 2007 (120 Stat. (3) Appropriate incentives for superior per- (3) The Initiative can help the Department 2340) is repealed. formance in delivering quality products and combat the growing problem of counterfeits services in a timely and cost-effective man- in the military supply chain. SEC. 823. AVAILABILITY OF AMOUNTS IN DE- (b) SENSE OF SENATE.—It is the sense of the FENSE ACQUISITION WORKFORCE ner, taking into account such factors as DEVELOPMENT FUND FOR TEM- prime contractor cost reduction, control of Senate— PORARY MEMBERS OF WORKFORCE. overhead costs, subcontractor cost reduc- (1) to support efforts by the Department of (a) IN GENERAL.—Section 1705 of title 10, tion, subcontractor management, and effec- Defense to implement the Item Unique Iden- United States Code, is amended— tive competition (including the utilization of tification Initiative; (1) in subsection (e)— small business) at the subcontract level. (2) to support measures to verify con- (A) in paragraph (1), by adding at the end (c) MODIFICATION OF GUIDELINES.—Not later tractor compliance with section 252.211–7003 the following new sentence: ‘‘In the case of than 180 days after the date of the enactment (entitled ‘‘Item Identification and Valu- temporary members of the acquisition work- of this Act, the Secretary shall modify the ation’’) of the Defense Supplement to the force designated pursuant to subsection profit guidelines described in subsection (a) Federal Acquisition Regulation, on Unique (h)(2), such funds shall be available only for so as to achieve the link described that sub- Identification, which states that a unique the limited purpose of providing training in section. identification equivalent recognized by the (d) REPORT.—Upon the completion of the the performance of acquisition-related func- Department is required for certain acquisi- modification of the profit guidelines required tions and duties.’’; and tions; by subsection (c), the Secretary shall submit (B) in paragraph (5), by inserting before the (3) to encourage the Armed Forces to adopt to the congressional defense committees a period at the end the following: ‘‘, and who and implement Item Unique Identification report on the actions of the Secretary under has continued in the employment of the De- actions and milestones; and this section. The report shall set forth the (4) to support investment of sufficient re- partment since such time without a break in following: sources and continued training and leader- such employment of more than a year’’; (1) The results of the review conducted ship to enable the Department to capture (2) by striking subsection (g); under subsection (a). meaningful data and optimize the benefits of (3) by redesignating subsection (h) as sub- (2) A description of the modification car- the Item Unique Identification Initiative. section (g); and ried out under subsection (c). (4) by adding at the end the following new Subtitle C—Amendments Relating to General SEC. 825. MODIFICATION OF AUTHORITIES ON IN- subsection (h): TERNAL CONTROLS FOR PROCURE- Contracting Authorities, Procedures, and ‘‘(h) ACQUISITION WORKFORCE DEFINED.—In MENTS ON BEHALF OF THE DEPART- Limitations this section, the term ‘acquisition work- MENT OF DEFENSE BY CERTAIN SEC. 841. APPLICABILITY OF TRUTH IN NEGOTIA- force’ means the following: NON-DEFENSE AGENCIES. TIONS ACT TO MAJOR SYSTEMS AND ‘‘(1) Personnel in positions designated (a) DISCRETIONARY AUTHORITY.—Subsection RELATED SUBSYSTEMS, COMPO- under section 1721 of this title as acquisition (a) of section 801 of the National Defense Au- NENTS, AND SUPPORT SERVICES. positions for purposes of this chapter. thorization Act for Fiscal Year 2008 (10 (a) AUTHORITY TO REQUIRE SUBMISSION OF ‘‘(2) Other military personnel or civilian U.S.C. 2304 note) is amended— COST OR PRICING DATA.—Subsection (c) of employees of the Department of Defense (1) in paragraph (1), by striking ‘‘shall, not section 2306a of title 10, United States Code, who— later than the date specified in paragraph is amended— ‘‘(A) contribute significantly to the acqui- (2),’’ and inserting ‘‘may’’; (1) in the subsection caption, by striking sition process by virtue of their assigned du- (2) by striking paragraph (2); ‘‘BELOW-THRESHOLD’’ and inserting ‘‘CER- ties; and (3) by redesignating paragraphs (3) through TAIN’’; and ‘‘(B) are designated as temporary members (6) as paragraphs (2) through (5), respec- (2) in paragraph (2), by inserting before the of the acquisition workforce by the Under tively; period at the end the following: ‘‘, except in Secretary of Defense for Acquisition, Tech- (4) in paragraph (3), as redesignated by the case of either of the following: nology, and Logistics, or by the senior acqui- paragraph (3) of this section— ‘‘(A) A major system or a subsystem or sition executive of a military department, (A) by striking ‘‘required under this sub- component thereof that is not a commer- for the limited purpose of receiving training section’’ and inserting ‘‘to be performed cially available off-the-shelf item (as defined for the performance of acquisition-related under this subsection’’; and in section 104 of title 41) and was not devel- functions and duties.’’. (B) by striking ‘‘shall’’ and inserting oped exclusively at private expense as dem- (b) EXTENSION OF EXPEDITED HIRING AU- ‘‘may’’; and onstrated in accordance with the require- THORITY.—Subsection (g) of such section, as (5) in paragraph (4), as so redesignated, by ments of section 2321(f)(2) of this title. redesignated by subsection (a)(3) of this sec- striking ‘‘shall’’ and inserting ‘‘may’’. ‘‘(B) Services that are procured for support tion, is further amended in paragraph (2) by (b) CONFORMING AMENDMENTS.—Subsection of a system, subsystem, or component de- striking ‘‘September 30, 2015’’ and inserting (b)(1)(B) of such section is amended— scribed in subparagraph (A).’’. ‘‘September 30, 2017’’. (1) in clause (i), by striking ‘‘required by (b) AUTHORITY TO REQUIRE SUBMISSION OF (c) PLAN REQUIRED.—Not later than 180 subsection (a)(4)’’ and inserting ‘‘to be en- OTHER INFORMATION.—Subsection (d)(1) of days after the date of the enactment of this tered into under subsection (a)(3)’’; and such section is amended by striking ‘‘at a

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DEPARTMENT OF DEFENSE ACCESS TO for evaluating the reasonableness of the ed— AND USE OF CONTRACTOR INTER- (1) by inserting ‘‘(1)’’ before ‘‘An em- price for the procurement; and NAL AUDIT REPORTS. ployee’’; ‘‘(B) in the case of a system, subsystem, (a) CLARIFICATION OF AUDIT ACCESS AU- (2) in paragraph (1), as so designated— component, or services described in subpara- THORITY.—Section 2313(a)(2) of title 10, (A) by inserting ‘‘or subcontractor’’ after graph (A) or (B) of subsection (c)(2) for which United States Code, is amended— ‘‘employee of a contractor’’; price information described in subparagraph (1) in subparagraph (C), by striking ‘‘or’’ at (B) by striking ‘‘a Member of Congress’’ (A) of this paragraph is not adequate to the end; and all that follows through ‘‘the Depart- evaluate price reasonableness, uncertified (2) in subparagraph (D), by striking the pe- ment of Justice’’ and inserting ‘‘a person or cost data that is adequate for evaluating the riod at the end and inserting ‘‘; or’’; and body described in paragraph (2)’’; reasonableness of the price for the procure- (3) by adding at the end the following new (C) by inserting ‘‘an abuse of authority re- ment.’’. subparagraph: lating to a Department of Defense contract (c) TECHNICAL AMENDMENT.—Subsection ‘‘(E) the efficacy of contractor or subcon- or grant,’’ after ‘‘Department of Defense (c)(3) of such section is amended by striking tractor internal controls and the reliability funds,’’; and ‘‘paragraph’’ and inserting ‘‘subsection’’. of contractor or subcontractor business sys- (D) by inserting ‘‘, rule, or regulation’’ SEC. 842. MAXIMUM AMOUNT OF ALLOWABLE tems.’’. after ‘‘a violation of law’’; and COSTS OF COMPENSATION OF CON- (b) GUIDANCE ON ACCESS.— TRACTOR EMPLOYEES. (3) by adding at the end the following new (1) GUIDANCE REQUIRED.—Not later than 90 (a) MODIFICATION OF MAXIMUM AMOUNT.— paragraphs: days after the date of the enactment of this Section 2324(e)(1)(P) of title 10, United States ‘‘(2) The persons and bodies described in Act, the Director of the Defense Contract Code, is amended by striking ‘‘the bench- this paragraph are the persons and bodies as mark’’ and all that follows through ‘‘section Audit Agency shall issue revised guidance on follows: 1127 of title 41’’ and inserting ‘‘the annual Defense Contract Audit Agency auditor ac- ‘‘(A) A Member of Congress or a represent- amount payable under the aggregate limita- cess to defense contractor internal audit re- ative of a committee of Congress. tion on pay as established by the Office of ports and supporting materials. ‘‘(B) An Inspector General. Management and Budget (currently (2) PURPOSE.—The purpose of the guidance ‘‘(C) The Government Accountability Of- $230,700)’’. issued pursuant to paragraph (1) shall be to fice. (b) EFFECTIVE DATE.—The amendment ensure that the Defense Contract Audit ‘‘(D) A Department of Defense employee re- made by subsection (a) shall take effect on Agency has sufficient access to contractor sponsible for contract oversight or manage- January 1, 2013, and shall apply with respect internal audit reports and supporting mate- ment. to costs of compensation incurred on or after rials in order to— ‘‘(E) An authorized official of the Depart- that date under contracts entered into be- (A) evaluate and test the efficacy of con- ment of Justice or other law enforcement fore, on, or after that date. tractor internal controls and the reliability agency. (c) REPORT ON ALLOWABLE COSTS OF EM- of associated contractor business systems; ‘‘(F) A court or grand jury. PLOYEE COMPENSATION.—Not later than 120 and ‘‘(G) A management official or other em- days after the date of the enactment of this (B) assess the amount of risk and level of ployee of the contractor or subcontractor Act, the Inspector General of the Depart- testing required in connection with specific who has the responsibility to investigate, ment of Defense shall submit to Congress a audits to be conducted by the Agency. discover, or address misconduct. report on the effect of the modification of al- (3) MATTERS TO BE ADDRESSED.—The guid- ‘‘(3) For the purposes of paragraph (1)— lowable costs of contractor compensation of ance issued pursuant to paragraph (1) shall ‘‘(A) an employee who initiates or provides employees made by subsection (a). The re- address, at a minimum, the following: evidence of contractor or subcontractor mis- port shall include the following: (A) The extent to which Defense Contract conduct in any judicial or administrative (1) The total number of contractor employ- Audit Agency auditors should request access proceeding relating to waste, fraud, or abuse ees whose allowable costs of compensation in to defense contractor internal audit reports on a Department of Defense contract shall be fiscal year 2012 exceeded the amount of al- and supporting materials. deemed to have made a disclosure covered by lowable costs under the modification made (B) The circumstances in which follow-up such paragraph; and by subsection (a). actions, including subpoenas, may be re- ‘‘(B) a reprisal described in paragraph (1) is prohibited even if it is undertaken at the re- (2) The total number of contractor employ- quired to ensure Agency access to audit request of a Department of Defense official, ees whose allowable costs of compensation in ports and supporting materials. unless the request takes the form of a non- each of fiscal years 2010, 2011, and 2012 would (C) The designation of Agency audit offi- discretionary directive and is within the au- have exceeded the amount of allowable costs cials responsible for coordinating issues per- thority of the Department of Defense official under section 2324(e)(1)(P) of title 10, United taining to Agency requests for audit reports making the request.’’. States Code, as amended by section 803(a) of and supporting materials. (b) INVESTIGATION OF COMPLAINTS.—Sub- the National Defense Authorization Act for (D) The purposes for which Agency audi- section (b) of such section is amended— Fiscal Year 2012 (Public Law 112–81; 125 Stat. tors may use audit reports and supporting (1) in paragraph (1), by inserting ‘‘fails to 1485). materials. allege a violation of the prohibition in sub- (3) The total number of contractor employ- (E) Any protections that may be required section (a), or has previously been addressed ees whose allowable costs of compensation in to ensure that audit reports and supporting in another Federal or State judicial or ad- each of fiscal years 2010, 2011, and 2012 ex- materials are not misused. ministrative proceeding initiated by the ceeded the amount payable to the President (F) Requirements for tracking Agency re- complainant,’’ after ‘‘is frivolous,’’; under section 102 of title 3, United States quests for audit reports and supporting ma- (2) in paragraph (2)— Code. terials. (A) in subparagraph (A), by inserting ‘‘, (4) The total number of contractor employ- (c) FAILURE TO PROVIDE ACCESS.—Not later fails to allege a violation of the prohibition ees in fiscal year 2012 that could have been than 180 days after the date of the enactment in subsection (a), or has previously been ad- characterized as falling within a narrowly of this Act, the Secretary of Defense shall re- dressed in another Federal or State judicial targeted exception established by the Sec- vise the program required by section 893 of or administrative proceeding initiated by retary of Defense under section 2324(e)(1)(P) the Ike Skelton National Defense Authoriza- the complainant’’ after ‘‘is frivolous’’; and of title 10, United States Code, as a result of tion Act for Fiscal Year 2011 (Public Law (B) in subparagraph (B), by inserting ‘‘, up the amendment made by section 803(a)(2) of 111–383; 124 Stat. 4311; 10 U.S.C. 2302 note) in to 180 days,’’ after ‘‘such additional period of the National Defense Authorization Act for order to— time’’; and Fiscal Year 2012. (1) ensure that any assessment of the ade- (3) by adding at the end the following new (5) An assessment whether the compensa- quacy of contractor business systems takes paragraphs: tion amounts provided in fiscal year 2012 to into account the efficacy of contractor inter- ‘‘(3) The Inspector General may not re- employees who were characterized by their nal controls, including contractor internal spond to any inquiry or disclose any infor- employers as falling within a narrowly tar- audit reports and supporting materials, that mation from or about any person alleging geted exception described in paragraph (4) are relevant to such assessment; and the reprisal, except to the extent that such were provided compensation amounts in that (2) provide that the refusal of a contractor response or disclosure is— fiscal year in manner consistent with private to permit access to contractor internal audit ‘‘(A) made with the consent of the person sector practice. reports and supporting materials that are alleging the reprisal; (6) The duties and services performed in relevant to such an assessment is a basis for ‘‘(B) made in accordance with the provi- fiscal year 2012 by employees who were char- disapproving the contractor business system sions of section 552a of title 5 or as required acterized by their employers as falling with- or systems to which such materials are rel- by any other applicable Federal law; or in a narrowly targeted exception described in evant and taking the remedial actions au- ‘‘(C) necessary to conduct an investigation paragraph (4). thorized under section 893. of the alleged reprisal.

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‘‘(4) A complaint may not be brought under (A) all contracts awarded on or after such ‘‘(1) SUBMISSION OF COMPLAINT.—A person this subsection more than three years after date; who believes that the person has been sub- the date on which the alleged reprisal took (B) all task orders entered on or after such jected to a reprisal prohibited by subsection place.’’. date pursuant to contracts awarded before, (a) may submit a complaint to the Inspector (c) REMEDY AND ENFORCEMENT AUTHOR- on, or after such date; and General of the executive agency involved. ITY.—Subsection (c) of such section is (C) all contracts awarded before such date Unless the Inspector General determines amended— that are modified to include a contract that the complaint is frivolous, fails to al- (1) in paragraph (1)(B), by striking ‘‘the clause providing for the applicability of such lege a violation of the prohibition in sub- compensation (including back pay)’’ and in- amendments. section (a), or has previously been addressed serting ‘‘compensatory damages (including (2) REVISION OF DOD SUPPLEMENT TO THE in another Federal or State judicial or ad- back pay)’’; FAR.—Not later than 180 days after the date ministrative proceeding initiated by the (2) in paragraph (2), by adding at the end of the enactment of this Act, the Depart- complainant, the Inspector General shall in- following new sentence: ‘‘An action under ment of Defense Supplement to the Federal vestigate the complaint and, upon comple- this paragraph may not be brought more Acquisition Regulation shall be revised to tion of such investigation, submit a report of than two years after the date on which rem- implement the requirements arising under the findings of the investigation to the per- edies are deemed to have been exhausted.’’; the amendments made by this section. son, the contractor or grantee concerned, (3) in paragraph (4), by striking ‘‘and com- (3) INCLUSION OF CONTRACT CLAUSE IN CON- and the head of the agency. pensatory and exemplary damages.’’ and in- TRACTS AWARDED BEFORE EFFECTIVE DATE.— ‘‘(2) INSPECTOR GENERAL ACTION.— serting ‘‘, compensatory and exemplary dam- At the time of any major modification to a ‘‘(A) DETERMINATION OR SUBMISSION OF RE- ages, and attorney fees and costs. The person contract that was awarded before the date PORT ON FINDINGS.—Except as provided under upon whose behalf an order was issued may that is 180 days after the date of the enact- subparagraph (B), the Inspector General also file such an action or join in an action ment of this Act, the head of the contracting shall make a determination that a complaint filed by the head of the agency.’’; agency shall make best efforts to include in is frivolous, fails to allege a violation of the (4) in paragraph (5), by adding at the end the contract a contract clause providing for prohibition in subsection (a), or has pre- the following new sentence: ‘‘Filing such an the applicability of the amendments made viously been addressed in another Federal or appeal shall not act to stay the enforcement by this section to the contract. State judicial or administrative proceeding of the order of the head of an agency, unless SEC. 844A. WHISTLEBLOWER PROTECTIONS FOR initiated by the complainant or submit a re- a stay is specifically entered by the court.’’; NON-DEFENSE CONTRACTORS. port under paragraph (1) within 180 days and (a) WHISTLEBLOWER PROTECTIONS.— after receiving the complaint. (5) by adding at the end the following new (1) IN GENERAL.—Chapter 47 of title 41, ‘‘(B) EXTENSION OF TIME.—If the Inspector paragraphs: United States Code, is amended by adding at General is unable to complete an investiga- ‘‘(6) The legal burdens of proof specified in the end the following new section: tion in time to submit a report within the section 1221(e) of title 5 shall be controlling ‘‘SEC. 4712. CONTRACTOR AND GRANTEE EM- 180-day period specified in subparagraph (A) for the purposes of any investigation con- PLOYEES: PROTECTION FROM RE- and the person submitting the complaint ducted by an Inspector General, decision by PRISAL FOR DISCLOSURE OF CER- agrees to an extension of time, the Inspector the head of an agency, or judicial or adminis- TAIN INFORMATION. General shall submit a report under para- ‘‘(a) PROHIBITION OF REPRISALS.— trative proceeding to determine whether dis- graph (1) within such additional period of ‘‘(1) IN GENERAL.—An employee of a con- crimination prohibited under this section time, up to 180 days, as shall be agreed upon tractor, subcontractor, or grantee may not has occurred. between the Inspector General and the per- ‘‘(7) The rights and remedies provided for be discharged, demoted, or otherwise dis- son submitting the complaint. in this section may not be waived by any criminated against as a reprisal for dis- ‘‘(3) PROHIBITION ON DISCLOSURE.—The In- agreement, policy, form, or condition of em- closing to a person or body described in para- spector General may not respond to any in- ployment, including by any predispute arbi- graph (2) information that the employee rea- quiry or disclose any information from or tration agreement, other than an arbitration sonably believes is evidence of gross mis- about any person alleging the reprisal, ex- provision in a collective bargaining agree- management of a Federal contract or grant, cept to the extent that such response or dis- ment.’’. a gross waste of Federal funds, an abuse of closure is— (d) NOTIFICATION OF EMPLOYEES.—Such sec- authority relating to a Federal contract or ‘‘(A) made with the consent of the person tion is further amended— grant, a substantial and specific danger to alleging the reprisal; (1) by redesignating subsections (d) and (e) public health or safety, or a violation of law, ‘‘(B) made in accordance with the provi- as subsections (e) and (f), respectively; and rule, or regulation related to a Federal con- sions of section 552a of title 5 or as required (2) by inserting after subsection (c) the fol- tract (including the competition for or nego- by any other applicable Federal law; or lowing new subsection (d): tiation of a contract) or grant. ‘‘(C) necessary to conduct an investigation ‘‘(d) NOTIFICATION OF EMPLOYEES.—The ‘‘(2) PERSONS AND BODIES COVERED.—The of the alleged reprisal. Secretary of Defense shall ensure that con- persons and bodies described in this para- ‘‘(4) TIME LIMITATION.—A complaint may tractors and subcontractors of the Depart- graph are the persons and bodies as follows: not be brought under this subsection more ment of Defense inform their employees in ‘‘(A) A Member of Congress or a represent- than three years after the date on which the writing of the rights and remedies provided ative of a committee of Congress. alleged reprisal took place. under this section, in the predominant na- ‘‘(B) An Inspector General. ‘‘(c) REMEDY AND ENFORCEMENT AUTHOR- tive language of the workforce.’’. ‘‘(C) The Government Accountability Of- ITY.— (e) ABUSE OF AUTHORITY DEFINED.—Sub- fice. ‘‘(1) IN GENERAL.—Not later than 30 days section (f) of such section, as redesignated by ‘‘(D) A Federal employee responsible for after receiving an Inspector General report subsection (d)(1) of this section, is further contract or grant oversight or management pursuant to subsection (b), the head of the amended by adding at the end the following at the relevant agency. executive agency concerned shall determine new paragraph: ‘‘(E) An authorized official of the Depart- whether there is sufficient basis to conclude ‘‘(6) The term ‘abuse of authority’ means ment of Justice or other law enforcement that the contractor or grantee concerned has an arbitrary and capricious exercise of au- agency. subjected the complainant to a reprisal pro- thority that is inconsistent with the mission ‘‘(F) A court or grand jury. hibited by subsection (a) and shall either of the Department of Defense or the success- ‘‘(G) A management official or other em- issue an order denying relief or shall take ful performance of a Department of Defense ployee of the contractor, subcontractor, or one or more of the following actions: contract or grant.’’. grantee who has the responsibility to inves- ‘‘(A) Order the contractor or grantee to (f) ALLOWABILITY OF LEGAL FEES.—Section tigate, discover, or address misconduct. take affirmative action to abate the reprisal. 2324(k) of such title is amended— ‘‘(3) RULES OF CONSTRUCTION.—For the pur- ‘‘(B) Order the contractor or grantee to re- (1) in paragraph (1), by striking ‘‘com- poses of paragraph (1)— instate the person to the position that the menced by the United States or a State’’ and ‘‘(A) an employee who initiates or provides person held before the reprisal, together with inserting ‘‘commenced by the United States, evidence of contractor, subcontractor, or compensatory damages (including back pay), by a State, or by a contractor employee subgrantee misconduct in any judicial or admin- employment benefits, and other terms and mitting a complaint under section 2409 of istrative proceeding relating to waste, fraud, conditions of employment that would apply this title’’; and or abuse on a Federal contract or grant shall to the person in that position if the reprisal (2) in paragraph (2)(C), by striking ‘‘the im- be deemed to have made a disclosure covered had not been taken. position of a monetary penalty’’ and insert- by such paragraph; and ‘‘(C) Order the contractor or grantee to pay ing ‘‘the imposition of a monetary penalty or ‘‘(B) a reprisal described in paragraph (1) is the complainant an amount equal to the ag- an order to take corrective action under sec- prohibited even if it is undertaken at the re- gregate amount of all costs and expenses (in- tion 2409 of this title’’. quest of an executive branch official, unless cluding attorneys’ fees and expert witnesses’ (g) EFFECTIVE DATE.— the request takes the form of a non-discre- fees) that were reasonably incurred by the (1) IN GENERAL.—The amendments made by tionary directive and is within the authority complainant for, or in connection with, this section shall take effect on the date of the executive branch official making the bringing the complaint regarding the re- that is 180 days after the date of the enact- request. prisal, as determined by the head of the exec- ment of this Act, and shall apply to— ‘‘(b) INVESTIGATION OF COMPLAINTS.— utive agency.

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‘‘(2) EXHAUSTION OF REMEDIES.—If the head charge of, demotion of, or discrimination personal conflicts of interest by contractor of an executive agency issues an order deny- against an employee for a disclosure other personnel performing any of the following: ing relief under paragraph (1) or has not than a disclosure protected by subsection (a) (1) Functions other than acquisition func- issued an order within 210 days after the sub- or to modify or derogate from a right or rem- tions that are closely associated with inher- mission of a complaint under subsection (b), edy otherwise available to the employee. ently governmental functions (as that term or in the case of an extension of time under ‘‘(f) DEFINITIONS.—In this section: is defined in section 2383(b)(3) of title 10, paragraph (b)(2)(B), not later than 30 days ‘‘(1) The term ‘abuse of authority’ means United States Code). after the expiration of the extension of time, an arbitrary and capricious exercise of au- (2) Personal services contracts (as that and there is no showing that such delay is thority that is inconsistent with the mission term is defined in section 2330a(g)(5) of title due to the bad faith of the complainant, the of the executive agency concerned or the 10, United States Code). complainant shall be deemed to have ex- successful performance of a contract or (3) Contracts for staff augmentation serv- hausted all administrative remedies with re- grant of such agency. ices (as that term is defined in section spect to the complaint, and the complainant ‘‘(2) The term ‘Inspector General’ means an 808(d)(3) of the National Defense Authoriza- may bring a de novo action at law or equity Inspector General appointed under the In- tion Act for Fiscal Year 2012 (Public Law against the contractor or grantee to seek spector General Act of 1978 and any Inspec- 112–81; 125 Stat. 1490)). compensatory damages and other relief tor General that receives funding from, or (b) EXTENSION OF LIMITATIONS.—If the Sec- available under this section in the appro- has oversight over contracts or grants retary determines pursuant to the review priate district court of the United States, awarded for or on behalf of, the executive under subsection (a) that the guidance on which shall have jurisdiction over such an agency concerned.’’. personal conflicts of interest should be ex- action without regard to the amount in con- (2) CLERICAL AMENDMENT.—The table of tended, the Secretary shall revise the De- troversy. Such an action shall, at the re- sections at the beginning of such chapter is fense Supplement to the Federal Acquisition quest of either party to the action, be tried amended by adding at the end the following Regulation to the extent necessary to by the court with a jury. An action under new item: achieve such extension. this paragraph may not be brought more ‘‘4712. Contractor and grantee employees: (c) REPORT.—Not later than 180 days after than two years after the date on which rem- protection from reprisal for dis- the date of the enactment of this Act, the edies are deemed to have been exhausted. closure of certain informa- Secretary shall submit to the Committee on ‘‘(3) ADMISSIBILITY OF EVIDENCE.—An In- tion.’’. Armed Services of the Senate and the Com- spector General determination and an agen- (b) ALLOWABILITY OF LEGAL FEES.—Section mittee on Armed Services of the House of cy head order denying relief under paragraph 4310 of title 41, United States Code, is amend- Representatives a report setting forth the (2) shall be admissible in evidence in any de ed— following: novo action at law or equity brought pursu- (1) in subsection (b), by striking ‘‘com- (1) A summary of the review conducted ant to this subsection. menced by the Federal Government or a under subsection (a). ‘‘(4) ENFORCEMENT OF ORDERS.—Whenever a State’’ and inserting ‘‘commenced by the (2) A summary description of any revisions person fails to comply with an order issued Federal Government, by a State, or by a con- of regulations carried out under subsection under paragraph (1), the head of the execu- tractor or grantee employee submitting a (b). tive agency concerned shall file an action for complaint under section 4712 of this title’’; SEC. 846. REPEAL OF SUNSET FOR CERTAIN PRO- enforcement of such order in the United and TESTS OF TASK AND DELIVERY States district court for a district in which ORDER CONTRACTS. (2) in subsection (c)(3), by striking ‘‘the im- the reprisal was found to have occurred. In Section 2304c(e) of title 10, United States position of a monetary penalty’’ and insert- any action brought under this paragraph, the Code, is amended by striking paragraph (3). ing ‘‘the imposition of a monetary penalty or court may grant appropriate relief, including an order to take corrective action under sec- SEC. 847. REPORTS ON USE OF INDEMNIFICATION injunctive relief, compensatory and exem- AGREEMENTS. tion 4712 of this title’’. plary damages, and attorney fees and costs. (a) IN GENERAL.—Not later than 90 days (c) EFFECTIVE DATE.— The person upon whose behalf an order was after the end of each of fiscal years 2013 (1) IN GENERAL.—The amendments made by issued may also file such an action or join in through 2016, the Secretary of Defense shall this section shall take effect on the date an action filed by the head of the executive submit to the appropriate committees of that is 180 days after the date of the enact- agency. Congress a report on any actions described in ment of this Act, and shall apply to— ‘‘(5) JUDICIAL REVIEW.—Any person ad- subsection (b) which occurred during the pre- (A) all contracts and grants awarded on or versely affected or aggrieved by an order ceding fiscal years. after such date; issued under paragraph (1) may obtain re- (b) ACTIONS DESCRIBED.— (B) all task orders entered on or after such view of the order’s conformance with this (1) IN GENERAL.—An action described in date pursuant to contracts awarded before, subsection, and any regulations issued to this subsection is the Secretary of Defense— on, or after such date; and carry out this section, in the United States (A) entering into a contract that includes (C) all contracts awarded before such date court of appeals for a circuit in which the re- an indemnification provision relating to bod- that are modified to include a contract prisal is alleged in the order to have oc- ily injury caused by negligence or relating to clause providing for the applicability of such curred. No petition seeking such review may wrongful death; or amendments. be filed more than 60 days after issuance of (B) modifying an existing contract to in- (2) REVISION OF FEDERAL ACQUISITION REGU- the order by the head of the executive agen- clude a provision described in subparagraph LATION.—Not later than 180 days after the cy. Review shall conform to chapter 7 of title (A) in a contract. date of the enactment of this Act, the Fed- 5. Filing such an appeal shall not act to stay (2) EXCLUDED CONTRACTS.—Paragraph (1) eral Acquisition Regulation shall be revised the enforcement of the order of the head of shall not apply to any contract awarded in to implement the requirements arising under an executive agency, unless a stay is specifi- accordance with— the amendments made by this section. cally entered by the court. (A) section 2354 of title 10, United States (3) INCLUSION OF CONTRACT CLAUSE IN CON- ‘‘(6) BURDENS OF PROOF.—The legal burdens Code; or TRACTS AWARDED BEFORE EFFECTIVE DATE.— of proof specified in section 1221(e) of title 5 (B) the Comprehensive Environmental Re- At the time of any major modification to a shall be controlling for the purposes of any sponse, Compensation, and Liability Act of contract that was awarded before the date investigation conducted by an Inspector 1980 (42 U.S.C. 9601 et seq.). that is 180 days after the date of the enact- General, decision by the head of an executive (c) MATTERS INCLUDED.—For each action ment of this Act, the head of the contracting agency, or judicial or administrative pro- covered in a report under subsection (a), the agency shall make best efforts to include in ceeding to determine whether discrimination report shall include— the contract a contract clause providing for prohibited under this section has occurred. (1) the name of the contractor; the applicability of the amendments made ‘‘(7) RIGHTS AND REMEDIES NOT WAIVABLE.— (2) a description of the indemnification by this section to the contract. The rights and remedies provided for in this provision included in the contract; and section may not be waived by any agree- SEC. 845. EXTENSION OF CONTRACTOR CONFLICT (3) a justification for the contract includ- ment, policy, form, or condition of employ- OF INTEREST LIMITATIONS. ing the indemnification provision. ment, including by any predispute arbitra- (a) ASSESSMENT OF EXTENSION OF LIMITA- (d) FORM.—Each report under subsection tion agreement, other than an arbitration TIONS TO CERTAIN ADDITIONAL FUNCTIONS AND (a) shall be submitted in unclassified form, provision in a collective bargaining agree- CONTRACTS.—Not later than 180 days after but may include a classified annex. ment. the date of the enactment of this Act, the (e) APPROPRIATE COMMITTEES OF CONGRESS ‘‘(d) NOTIFICATION OF EMPLOYEES.—The Secretary of Defense shall review the guid- DEFINED.—In this section, the term ‘‘appro- head of each executive agency shall ensure ance on personal conflicts of interest for con- priate committees of Congress’’ means— that contractors, subcontractors, and grant- tractor employees issued pursuant to section (1) the Committee on Armed Services, the ees of the agency inform their employees in 841(a) of the Duncan Hunter National De- Committee on the Budget, and the Com- writing of the rights and remedies provided fense Authorization Act for Fiscal Year 2009 mittee on Appropriations of the Senate; and under this section, in the predominant na- (Public Law 110–417; 122 Stat. 4537) in order (2) the Committee on Armed Services, the tive language of the workforce. to determine whether it would be in the best Committee on the Budget, and the Com- ‘‘(e) CONSTRUCTION.—Nothing in this sec- interest of the Department of Defense and mittee on Appropriations of the House of tion may be construed to authorize the dis- the taxpayers to extend such guidance to Representatives.

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CONTRACTING WITH SMALL BUSINESS (V) establishment of an inventory, and outside the United States that includes com- CONCERNS OWNED AND CON- identification of areas of high risk and trade bat operations, and annually thereafter until TROLLED BY WOMEN. offs, for use of contract support in overseas the termination of the operation, the Sec- (a) PROCUREMENT PROGRAM FOR WOMEN- contingency operations and for areas in retary of State and the Administrator of the OWNED SMALL BUSINESS CONCERNS.—Section which members of the Armed Forces will be United States Agency for International De- 8(m)(2) of the Small Business Act (15 U.S.C. used in such operations instead of contract velopment shall, except as provided in sub- 637(m)(2)) is amended— support; and section (b), each submit to the appropriate (1) in subparagraph (A), by striking ‘‘who (ii) roles, authorities, responsibilities, and committees of Congress a report on contract are economically disadvantaged’’; lines of supervision for the achievement of support for the operation for the Department (2) in subparagraph (C), by striking ‘‘para- the requirements identified under clause (i), of State or the United States Agency for graph (3)’’ and inserting ‘‘paragraph (4)’’; including the position within the chain of International Development, as the case may (3) by striking subparagraph (D); and authority and responsibility described in be. (4) by redesignating subparagraphs (E) and paragraph (1) with responsibility for report- (b) EXCEPTION.—If the total annual amount (F) as subparagraphs (D) and (E), respec- ing directly to the Secretary regarding pol- of obligations for contracts for support of a tively. icy, planning, and execution of contract sup- contingency operation otherwise described (b) STUDY AND REPORT ON REPRESENTATION port for overseas contingency operations; by subsection (a) do not exceed $250,000,000 in OF WOMEN.—Section 29 of the Small Business and Act (15 U.S.C. 656) is amended by adding at an annual reporting period otherwise covered (C) ensure that the chain of authority and the end the following: by that subsection, no report shall be re- responsibility described in paragraph (1) is ‘‘(o) STUDY AND REPORT ON REPRESENTA- quired on the operation under that sub- TION OF WOMEN.— appropriately aligned with, and appro- section for that annual reporting period. ‘‘(1) STUDY.—The Administrator shall peri- priately integrated into, the structure of the (c) ELEMENTS.— odically conduct a study to identify indus- Department for the conduct of overseas con- (1) IN GENERAL.—Each report of an agency tries, as defined under the North American tingency operations, including the military under subsection (a) regarding an operation Industry Classification System, underrep- departments, the Joint Staff, and the com- shall set forth the following: resented by small business concerns owned manders of the unified combatant com- (A) A description and assessment of the and controlled by women. mands. policy, planning, management, and oversight (b) SECRETARY OF DEFENSE REPORT.—Not ‘‘(2) REPORT.—Not later than 5 years after of the agency with respect to contract sup- later than one year after the date of the en- the date of enactment of this subsection, and port for the operation. actment of this Act, the Secretary shall sub- every 5 years thereafter, the Administrator (B) With respect to contracts entered into mit to the congressional defense committees shall submit to the Committee on Small in connection with the operation: a report on the regulations prescribed under Business and Entrepreneurship of the Senate (i) The total number of contracts entered subsection (a). The report shall set forth the into as of the date of such report. and the Committee on Small Business of the following: (ii) The total number of such contracts House of Representatives a report on the re- (1) The regulations. that are active as of such date. sults of each study under paragraph (1) con- (2) A comprehensive description of the re- (iii) The total value of contracts entered ducted during the 5-year period ending on quirements identified under clause (i) of sub- into as of such date. the date of the report.’’. section (a)(2)(B), and a comprehensive de- (iv) The total value of such contracts that Subtitle D—Provisions Relating to Wartime scription of the manner in which the roles, are active as of such date. Contracting authorities, responsibilities, and lines of su- (v) An identification of the extent to which SEC. 860. SHORT TITLE. pervision under clause (ii) of that subsection the contracts entered into as of such date This subtitle may be cited as the ‘‘Wartime will further the achievement of such require- were entered into using competitive proce- Contracting Reform Act of 2012’’. ments. dures. SEC. 861. RESPONSIBILITY WITHIN DEPARTMENT (3) A comprehensive description of the (vi) The total number of contractor per- OF DEFENSE FOR CONTRACT SUP- manner in which the regulations will meet sonnel working under contracts entered into PORT FOR OVERSEAS CONTINGENCY the requirements in subsection (a)(2)(C). as of the end of each calendar quarter during OPERATIONS. (c) COMPTROLLER GENERAL REPORT.— the one-year period ending on such date. (a) RESPONSIBILITY.— (1) IN GENERAL.—Not later than 18 months (vii) The total number of contractor per- (1) IN GENERAL.—Not later than one year after the date of the enactment of this Act, sonnel performing security functions under after the date of the enactment of this Act, the Comptroller General of the United States contracts entered into as of the end of each the Secretary of Defense shall prescribe in shall submit to the appropriate committees calendar quarter during the one-year period regulations the chain of authority and re- of Congress a report on the progress of the ending on such date. sponsibility within the Department of De- Department of Defense in implementing the (viii) The total number of contractor per- fense for policy, planning, and execution of regulations prescribed under subsection (a). sonnel killed or wounded under any con- contract support for overseas contingency The report may include such additional com- tracts entered into. operations. ments and information on the regulations (C) The sources of information and data (2) ELEMENTS.—The regulations under and the implementation of the regulations as used to prepare the portion of such report re- paragraph (1) shall, at a minimum— the Comptroller General considers appro- quired by subparagraph (B). (A) specify the officials, offices, and com- priate. (D) A description of any known limitations ponents of the Department within the chain (2) APPROPRIATE COMMITTEES OF CONGRESS of the information or data reported under of authority and responsibility described in DEFINED.—In this subsection, the term ‘‘ap- subparagraph (B), including known limita- paragraph (1); propriate committees of Congress’’ means— tions in methodology or data sources. (B) identify for each official, office, and (A) the Committee on Armed Services, the (E) Any plans for strengthening collection, component specified under subparagraph Committee on Homeland Security and Gov- coordination, and sharing of information on (A)— ernmental Affairs, and the Committee on contracts entered into in connection with (i) requirements for policy, planning, and Appropriations of the Senate; and the operation. execution of contract support for overseas (B) the Committee on Armed Services, the (2) ESTIMATES.—In determining the total contingency operations, including, at a min- Committee on Oversight and Government number of contractor personnel working imum, requirements in connection with— Reform, and the Committee on Appropria- under contracts for purposes of paragraph (I) coordination of functions, authorities, tions of the House of Representatives. (1)(B)(vi), the Secretary or the Adminis- and responsibilities related to operational SEC. 862. ANNUAL REPORTS ON CONTRACT SUP- contract support for overseas contingency PORT FOR OVERSEAS CONTINGENCY trator may use estimates for any category of operations; OPERATIONS INVOLVING COMBAT contractor personnel for which such Sec- (II) assessments of total force data in sup- OPERATIONS. retary or the Administrator, as the case may port of Department force planning scenarios, (a) REPORTS REQUIRED.— be, determines it is not feasible to provide an including the appropriateness of and neces- (1) DEPARTMENT OF DEFENSE.—Not later actual count. Each report under subsection sity for the use of contractors for identified than one year after the commencement or (a) shall fully disclose the extent to which functions; designation of a contingency operation out- such an estimate is used in lieu of an actual (III) determinations of capability require- side the United States that includes combat count. ments for non-acquisition community oper- operations, and annually thereafter until the (d) PROHIBITION ON PREPARATION BY CON- ational contract support, and identification termination of the operation, the Secretary TRACTOR PERSONNEL.—A report under sub- of resources required for planning, training, of Defense shall, except as provided in subsection (a) may not be prepared by con- and execution to meet such requirements; section (b), submit to the appropriate com- tractor personnel. (IV) determinations of policy regarding the mittees of Congress a report on contract sup- (e) USE OF EXISTING REPORTS FOR CERTAIN use of contractors by function, and identi- port for the Department of Defense for the CONTINGENCY OPERATIONS.—The requirement fication of the training exercises that will be operation. to submit reports under subsection (a) on a required for contract support (including an (2) DEPARTMENT OF STATE AND USAID.—Not contingency operation in Iraq or Afghani- assessment whether or not such exercises later than one year after the commencement stan may be met by the submittal of the re- will include contractors); and or designation of a contingency operation ports required by section 863 of the National

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7507 Defense Authorization Act for Fiscal Year commencement or designation of an overseas (2) A continuing process for identifying and 2008 (10 U.S.C. 2302 note). contingency operation that includes or is ex- addressing new and changed risks arising in (f) APPROPRIATE COMMITTEES OF CONGRESS pected to include combat operations, the the course of the operation, including the DEFINED.—In this section, the term ‘‘appro- head of each covered agency shall perform a periodic reassessment of risks and the devel- priate committees of Congress’’ means— comprehensive risk assessment and develop opment of appropriate risk mitigation or re- (1) the Committee on Armed Services, the a risk mitigation plan for operational and duction plans for any new or changed high Committee on Foreign Relations, the Com- political risks associated with contractor risk area identified. mittee on Homeland Security and Govern- performance of critical functions in support (d) REPORTS TO CONGRESS.— mental Affairs, and the Committee on Ap- of the operation for such covered agency. (1) IN GENERAL.—Not later than 30 days propriations of the Senate; and (2) EXCEPTIONS.—Except as provided in after the completion of a comprehensive risk (2) the Committee on Armed Services, the paragraph (3), a risk assessment and risk assessment and risk mitigation plan under Committee on Foreign Affairs, the Com- mitigation plan shall not be required under subsection (a), the head of the covered agen- mittee on Oversight and Government Re- paragraph (1) for an overseas contingency op- cy concerned shall submit to the appropriate form, and the Committee on Appropriations eration if both— committees of Congress a report setting of the House of Representatives. (A) the operation is not expected to con- forth a summary description of the assessment and plan, including a description of the SEC. 863. INCLUSION OF CONTRACT SUPPORT IN tinue for more than one year; and CERTAIN REQUIREMENTS FOR DE- (B) the total annual amount of obligations risks identified through the assessment and PARTMENT OF DEFENSE PLANNING, by the United States Government for con- the actions to be taken to address such risks. JOINT PROFESSIONAL MILITARY tracts for support of or in connection with (2) FORM.—Each report shall be submitted EDUCATION, AND MANAGEMENT the operation is not expected to exceed, in unclassified form, but may include a clas- STRUCTURE. $250,000,000 in any fiscal year. sified annex. (a) READINESS REPORTING SYSTEM.—Sec- (e) CRITICAL FUNCTIONS.—For purposes of (3) TERMINATION OF EXCEPTIONS.—Notwith- this section, critical functions include, at a tion 117(c) of title 10, United States Code, is standing paragraph (2), the head of a covered minimum, the following: amended by adding at the end the following agency shall perform a risk assessment and (1) Private security functions, as that term new paragraph: develop a risk mitigation plan under para- is defined in section 864(a)(5) of the National ‘‘(8) Measure, on an annual basis, the capa- graph (1) for an overseas contingency oper- Defense Authorization Act for Fiscal Year bility of operational contract support to sup- ation with regard to which a risk assessment 2008 (10 U.S.C. 2302 note). port current and anticipated wartime mis- and risk mitigation plan has not previously sions of the armed forces.’’. (2) Training and advising government per- been performed under paragraph (1) not later sonnel, including military and security per- (b) CONTINGENCY PLANNING AND PREPARED- than 60 days after the first date on which ei- NESS FUNCTIONS OF CJCS.—Section 153(a)(3) sonnel, of a host nation. ther of the following occurs: (3) Conducting intelligence or information of such title is amended by adding at the end (A) The operation has continued for more the following new subparagraph: operations. than one year. (4) Any other functions that are closely as- ‘‘(E) In coordination with the Under Sec- (B) The total amount of obligations by the retary of Defense for Acquisition, Tech- sociated with inherently governmental func- United States Government for contracts for tions, including the functions set forth in nology, and Logistics, the Secretaries of the support of or in connection with the oper- military departments, the heads of the De- section 7.503(d) of the Federal Acquisition ation has exceeded $250,000,000 in a fiscal Regulation. fense Agencies, and the commanders of the year. combatant commands, determining the oper- (f) DEFINITIONS.—In this section: (b) COMPREHENSIVE RISK ASSESSMENTS.—A ational contract support requirements of the (1) The term ‘‘appropriate committees of comprehensive risk assessment for an over- armed forces and recommending the re- Congress’’ means— seas contingency operation under subsection sources required to improve and enhance (A) the Committee on Armed Services, the (a) shall consider, at a minimum, risks relat- operational contract support for the armed Committee on Foreign Relations, the Com- ing to the following: forces and planning for such operational con- mittee on Homeland Security and Govern- (1) The goals and objectives of the oper- tract support.’’. mental Affairs, and the Committee on Ap- ation (such as risks from behavior that in- propriations of the Senate; and (c) JOINT PROFESSIONAL MILITARY EDU- jures innocent members of the local popu- (B) the Committee on Armed Services, the CATION.— lation or outrages their sensibilities). Committee on Foreign Affairs, the Com- (1) CONTINGENCY OPERATIONS AS MATTER (2) The continuity of the operation (such as mittee on Oversight and Government Re- WITHIN COURSE OF JPME.—Section 2151(a) of form, and the Committee on Appropriations such title is amended by adding at the end risks from contractors walking off the job or of the House of Representatives. the following new paragraph: being unable to perform when there is no (2) The term ‘‘covered agency’’ means the ‘‘(6) Contingency operations.’’. timely back-up available). (3) The safety of military and civilian per- following: (2) CURRICULUM FOR THREE-PHASE AP- sonnel of the United States if the presence or (A) The Department of Defense. PROACH.—Section 2154 of such title is amend- (B) The Department of State. ed by adding at the end the following new performance of contractor personnel creates (C) The United States Agency for Inter- subsection: unsafe conditions or invites attack. (4) The managerial control of the Govern- national Development. ‘‘(c) CURRICULUM RELATING TO CONTINGENCY ment over the operation (such as risks from (3) The term ‘‘overseas contingency oper- OPERATIONS.—(1) The curriculum for each ation’’ means a military operation outside phase of joint professional military edu- over-reliance on contractors to monitor other contractors with inadequate means for the United States and its territories and pos- cation implemented under this section shall sessions that is a contingency operation (as include content appropriate for such phase Government personnel to monitor their work). that term is defined in section 101(a)(13) of on the following: title 10, United States Code). ‘‘(A) Requirements definition. (5) The critical organic or core capabilities SEC. 865. EXTENSION AND MODIFICATION OF RE- ‘‘(B) Contingency program management. of the Government, including critical knowledge or institutional memory of key oper- PORTS ON CONTRACTING IN IRAQ ‘‘(C) Contingency contracting. AND AFGHANISTAN. ‘‘(D) The strategic impact of contracting ations areas and subject-matter expertise. (6) The ability of the Government to con- (a) TWO-YEAR EXTENSION OF REQUIREMENT on military missions. FOR JOINT REPORT.—Subsection (a)(5) of sec- trol costs, avoid organizational or personal ‘‘(2) In this subsection, the terms ‘require- tion 863 of the National Defense Authoriza- conflicts of interest, and minimize waste, ments definition’, ‘contingency program tion Act for Fiscal Year 2008 (10 U.S.C. 2302 fraud, and abuse. management’, and ‘contingency contracting’ note) is amended by striking ‘‘February 1, have the meaning given those terms in sec- (c) RISK MITIGATION PLANS.—A risk mitiga- 2013’’ and inserting ‘‘February 1, 2015’’. tion 2333(f) of this title.’’. tion plan for an overseas contingency oper- (b) REPEAL OF COMPTROLLER GENERAL RE- (d) MANAGEMENT STRUCTURE.—Section ation under subsection (a) shall include, at a VIEW.—Such section is further amended by 2330(c)(2) of such title is amended by striking minimum, the following: striking subsection (b). ‘‘other than services’’ and all that follows (1) For each high risk area identified in the (c) CONFORMING AMENDMENTS.— and inserting ‘‘including services in support comprehensive risk assessment for the oper- (1) IN GENERAL.—Such section is further of contingency operations. The term does ation performed under subsection (a)— amended— not include services relating to research and (A) specific actions to mitigate or reduce (A) by striking ‘‘JOINT REPORT REQUIRED.— development or military construction.’’. such risk, including, but not limited to, the ’’ and all that follows through ‘‘paragraph development of alternative capabilities to (6)’’ and inserting ‘‘IN GENERAL.—Except as SEC. 864. RISK ASSESSMENT AND MITIGATION FOR CONTRACTOR PERFORMANCE reduce reliance on contractor performance of provided in subsection (f)’’; OF CRITICAL FUNCTIONS IN SUP- critical functions; (B) by striking ‘‘this subsection’’ each PORT OF OVERSEAS CONTINGENCY (B) measurable milestones for the imple- place it appears and inserting ‘‘this section’’; OPERATIONS. mentation of planned risk mitigation or risk (C) by redesignating paragraphs (2) (a) COMPREHENSIVE RISK ASSESSMENT AND reduction measures; and through (7) as subsections (b) through (g), re- MITIGATION PLAN REQUIRED.— (C) a process for monitoring, measuring, spectively, and indenting the left margins of (1) IN GENERAL.—Subject to paragraphs (2) and documenting progress in mitigating or such subsections, as so redesignated, two and (3), not later than six months after the reducing risk. ems from the left margin;

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7508 CONGRESSIONAL RECORD — SENATE December 5, 2012 (D) in subsection (b), as redesignated by bility in that country. Airlifting goods to Af- ‘‘SEC. 8L. SPECIAL PROVISIONS CONCERNING subparagraph (C) of this paragraph, by redes- ghanistan, while safer, is expensive. OVERSEAS CONTINGENCY OPER- ignating subparagraphs (A) through (H) as (5) The Northern Distribution Network ATIONS. paragraphs (1) through (8), respectively, and (NDN) was established in late 2008 to ensure ‘‘(a) IN GENERAL.—Upon the commence- indenting the left margin of such para- that a safe and cost-effective line of supply is ment or designation of a military operation graphs, as so redesignated, four ems from the available for United States troops in Afghan- as an overseas contingency operation that left margin; istan. exceeds 90 days, the Inspectors General spec- (E) in subsection (c), as redesignated by (6) The two prongs of supply provided by ified in subsection (b) shall have the respon- subparagraph (C) of this paragraph— the Northern Distribution Network ship non- sibilities specified in this section. ‘‘(b) INSPECTORS GENERAL.—The Inspectors (i) by redesignating subparagraphs (A) lethal goods from the Baltic ports in the General specified in this subsection are the through (C) as paragraphs (1) through (3), re- north and the Caucauses in the west to Inspectors General as follows: spectively, and indenting the left margin of southwest Asia and Afghanistan. ‘‘(1) The Inspector General of the Depart- such paragraphs, as so redesignated, four (7) The Northern Distribution Network has ment of Defense. ems from the left margin; and been successful and now handles more than ‘‘(2) The Inspector General of the Depart- (ii) by striking ‘‘paragraph (2)’’ each place 50 percent of cargo shipped to Afghanistan. ment of State. it appears and inserting ‘‘subsection (b)’’; (8) North Atlantic Treaty Organization (F) in subsection (f), as redesignated by ‘‘(3) The Inspector General of the United (NATO) member nations along the Northern States Agency for International Develop- subparagraph (C) of this paragraph, by strik- Distribution Network routes have contrib- ing ‘‘this paragraph’’ and inserting ‘‘this ment. uted significantly to the success of the subsection’’; and ‘‘(c) STANDING COMMITTEE ON OVERSEAS Northern Distribution Network. (G) in subsection (g), as so redesignated, by CONTINGENCY OPERATIONS.—(1) The Council (9) The United States has strong economic striking ‘‘paragraph (2)(F)’’ and inserting of Inspectors General on Integrity and Effi- ties to Northern Distribution Network na- ‘‘subsection (b)(6)’’. ciency (CIGIE) shall establish a standing tions that are members of the North Atlan- (2) HEADING AMENDMENT.—The heading of committee on overseas contingency oper- tic Treaty Organization, and these nations such section is amended by striking ‘‘AND ations. The standing committee shall consist COMPTROLLER GENERAL REVIEW’’. may be able to provide quality goods and of the following: services for near and long-term use by the SEC. 866. EXTENSION OF TEMPORARY AUTHOR- ‘‘(A) A chair, who shall be the Lead Inspec- ITY TO ACQUIRE PRODUCTS AND Department of Defense. tor General for an overseas contingency op- SERVICES IN COUNTRIES ALONG A (10) Since 2009 the port of Riga, on the Bal- eration under subsection (d) if such an oper- MAJOR ROUTE OF SUPPLY TO AF- tic Sea, has been a critical overland entry ation is underway, and shall be an Inspector GHANISTAN. point for goods being shipped using the General specified in subsection (b) selected (a) EXTENSION.—Subsection (f) of section Northern Distribution Network. Latvia is a by the Inspectors General specified in that 801 of the National Defense Authorization member of the North Atlantic Treaty Orga- subsection from among themselves if such an Act for Fiscal Year 2010 (Public Law 111–84; nization and has been an ally of the United operation is not underway. 123 Stat. 2399) is amended by striking ‘‘on or States in the region for many years. ‘‘(B) The other Inspectors General specified after the date occurring three years after the (11) In September 2010, the Defense Logis- in subsection (b). date of the enactment of this Act’’ and in- tics Agency, the General Services Adminis- ‘‘(C) For the duration of any contingency serting ‘‘after December 31, 2014’’. tration, and other parties hosted a local pro- operation that exceeds 90 days, any other in- (b) REPEAL OF EXPIRED REPORTING RE- curement conference in Riga, Latvia. QUIREMENT.—Subsection (g) of such section is spectors general determined by the chair, in repealed. (12) One hundred nine Latvian vendors at- coordination with the other Inspectors Gen- (c) CLERICAL AMENDMENT.—The heading of tended the September 2010 conference in eral specified in subsection (b), to have ac- such section is amended by striking ‘‘; RE- Riga, and contracts with Latvian vendors tual or potential areas of responsibility with PORT’’. have been entered into as a result. respect to the contingency operation. SEC. 867. COMPLIANCE WITH BERRY AMEND- (13) In May 2012, Latvia hosted an inter- ‘‘(2) The standing committee shall have MENT REQUIRED FOR UNIFORM national workshop in Riga to examine ways such on-going responsibilities, including COMPONENTS SUPPLIED TO AF- of transforming the Northern Distribution planning, coordination, and development of GHANISTAN MILITARY OR AFGHANI- Network from a route for the delivery of practices, to improve oversight of overseas STAN NATIONAL POLICE. United States and other Allies’ non-lethal contingency operations as the chair con- (a) REQUIREMENT.—In the case of any tex- goods to Afghanistan into a commercial siders appropriate. tile components supplied by the Department route that would support the economic ‘‘(3)(A) For the duration of any contin- of Defense to the Afghanistan National growth of Afghanistan and the southwest gency operation that exceeds 90 days, the Army or the Afghanistan National Police for Asia region. standing committee shall develop and update purposes of production of uniforms, section on an annual basis a joint-strategic plan for 2533a of title 10, United States Code, shall (b) SENSE OF SENATE.—It is the sense of the ongoing and planned oversight of the contin- apply, and no exceptions or exemptions Senate that— gency operation by the Inspectors General under that section shall apply. (1) Latvia and other North Atlantic Treaty specified in subsection (b) and designated (b) EFFECTIVE DATE.—This section shall Organization member nations along the pursuant to paragraph (1)(C), including the apply to solicitations issued and contracts Northern Distribution Network routes are following: awarded for the procurement of textile com- key economic and security partners of the ‘‘(i) Audit and available inspection plans. ponents described in subsection (a) after the United States and are to be commended for date of the enactment of this Act. ‘‘(ii) An overall assessment of such over- their contribution to ensuring United States sight, including projects or areas (whether SEC. 868. SENSE OF SENATE ON THE CONTRIBU- and International Security Assistance Force departmental or government-wide) of con- TIONS OF LATVIA AND OTHER troops have reliable lines of supply to NORTH ATLANTIC TREATY ORGANI- cern or in need of further review. ZATION MEMBER NATIONS TO THE achieve the mission in Afghanistan; ‘‘(iii) Such other matters as the Lead In- SUCCESS OF THE NORTHERN DIS- (2) when quality products at competitive spector General for the contingency oper- TRIBUTION NETWORK. prices are available, significant effort should ation considers appropriate. (a) FINDINGS.—The Senate makes the fol- be made to procure goods locally from Lat- ‘‘(B) Each plan under this paragraph, and lowing findings: via and other North Atlantic Treaty Organi- any update of such plan, shall be made avail- (1) The remote and austere environments zation member nations along the Northern able on an Internet website available to the in which United States troops are required Distribution Network routes; and public. Each plan, and any update of such to operate as part of the International Secu- (3) Latvia and other North Atlantic Treaty plan, made so available shall be made avail- rity Assistance Force (ISAF) mission in Af- Organization member nations along the able in unclassified form. ghanistan have increased the need for reli- Northern Distribution Network routes re- ‘‘(d) LEAD INSPECTOR GENERAL FOR OVER- able lines of supply in southwest Asia. main allies of the United States in the re- SEAS CONTINGENCY OPERATIONS.—(1) There (2) The country of Afghanistan presents gion, and a mutually beneficial relationship shall be a lead inspector general for each unique logistics challenges, which have pre- should continue to be cultivated between the overseas contingency operation that exceeds cipitated the development of several redun- United States and Latvia and such other na- 90 days (in this section referred to as the dant lines of supply. tions in the future. ‘Lead Inspector General’ for the contingency (3) United States Transportation Command operation concerned). and the Defense Logistics Agency (DLA), in SEC. 869. RESPONSIBILITIES OF INSPECTORS ‘‘(2) The Lead Inspector General for a con- consultation with United States Embassy of- GENERAL FOR OVERSEAS CONTIN- GENCY OPERATIONS. tingency operation shall be the Inspector ficials and other parties, have successfully General of the Department of Defense, who established memoranda of understanding and (a) IN GENERAL.—The Inspector General shall assume such role not later than 90 days other agreements with nations in and around Act of 1978 (5 U.S.C. App.) is amended— after the commencement or designation of southwest Asia to ensure the reliability of (1) by redesignating section 8L as section the military operation concerned as a con- lines of supply to Afghanistan. 8M; and tingency operation. (4) The lines of supply through Pakistan (2) by inserting after section 8K the fol- ‘‘(e) RESPONSIBILITIES OF LEAD INSPECTOR have been repeatedly threatened by insta- lowing new section 8L: GENERAL.—(1) The Lead Inspector General

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7509 for an overseas contingency operation shall ‘‘(C) Revenues attributable to or consisting Foreign Service Act of 1980 (22 U.S.C. 4064(b)) have the following responsibilities: of funds provided by foreign nations or inter- for which continued receipt of annuities may ‘‘(A) To conduct oversight, in full coordi- national organizations to programs and be elected as provided in such section. nation with the other Inspectors General projects for the contingency operation that ‘‘(4) The authority to employ personnel specified in subsection (b), over all aspects of are funded by any department or agency of under this subsection for a contingency oper- the contingency operation and to ensure, ei- the United States Government, and any obli- ation shall cease as provided for in sub- ther through joint or individual audits, in- gations or expenditures of such revenues. section (h). spections, and investigations, independent ‘‘(D) Revenues attributable to or con- ‘‘(h) SUNSET FOR PARTICULAR CONTINGENCY and effective oversight of all programs and sisting of foreign assets seized or frozen that OPERATIONS.—The requirements and authori- operations of all departments and agencies contribute to programs and projects for the ties of this section with respect to an over- in the contingency operation. contingency operation that are funded by seas contingency operation shall cease at the ‘‘(B) To appoint, from among the offices of any department or agency of the United earlier of— the other Inspectors General specified in sub- States Government, and any obligations or ‘‘(1) the end of the first fiscal year after section (b), an Inspector General to act as expenditures of such revenues. the commencement or designation of the Associate Inspector General for the overseas ‘‘(E) Operating expenses of agencies or en- contingency operation in which the total contingency operation who shall act in a co- tities receiving amounts appropriated or oth- amount appropriated for the contingency op- ordinating role to assist the Lead Inspector erwise made available for the contingency eration is less than $250,000,000 (in constant General in the discharge of responsibilities operation. fiscal year 2012 dollars); or under this subsection. ‘‘(F) In the case of any contract, grant, ‘‘(2) the date that is 18 months after the ‘‘(C)(i) If none of the Inspectors General agreement, or other funding mechanism de- date of the issuance by the Secretary of De- specified in subsection (b) has principal ju- scribed in paragraph (3) with respect to the fense of an order terminating the contin- risdiction over a matter with respect to the contingency operation— gency operation. ‘‘(i) CONSTRUCTION OF AUTHORITY.—Nothing contingency operation, to exercise responsi- ‘‘(i) the amount of the contract, grant, in this Act shall be construed to limit the bility for discharging oversight responsibil- agreement, or other funding mechanism; ability of the Inspectors General specified in ities in accordance with this Act with re- ‘‘(ii) a brief discussion of the scope of the subsection (b) to enter into agreements to spect to such matter. contract, grant, agreement, or other funding conduct joint audits, inspections, or inves- ‘‘(ii) If more than one of the Inspectors mechanism; tigations in the exercise of their oversight General specified in subsection (b) has juris- ‘‘(iii) a discussion of how the department responsibilities in accordance with this Act diction over a matter with respect to the or agency of the United States Government with respect to overseas contingency oper- contingency operation, to determine prin- involved in the contract, grant, agreement, ations. cipal jurisdiction for discharging oversight or other funding mechanism identified, and ‘‘(j) DEFINITIONS.—In this section: responsibilities in accordance with this Act solicited offers from, potential individuals or ‘‘(1) The term ‘overseas contingency oper- with respect to such matter. entities to perform the contract, grant, ation’ means a military operation outside ‘‘(D) To carry out such other responsibil- agreement, or other funding mechanism, to- the United States and its territories and pos- ities relating to the coordination and effi- gether with a list of the potential individuals sessions that is a contingency operation (as cient and effective discharge by the Inspec- or entities that were issued solicitations for that term is defined in section 101(a)(13) of tors General specified in subsection (b) of du- the offers; and title 10, United States Code). ties relating to the contingency operation as ‘‘(iv) the justification and approval docu- ‘‘(2) The term ‘simplified acquisition the Lead Inspector General shall specify. ments on which was based the determination threshold’ has the meaning provided that ‘‘(2) The Lead Inspector General for an to use procedures other than procedures that term in section 2302(7) of title 10, United overseas contingency operation shall dis- provide for full and open competition. States Code.’’. charge the responsibilities for the contin- ‘‘(3) A contract, grant, agreement, or other (b) CONFORMING AMENDMENT RELATING TO gency operation under this subsection in a funding mechanism described in this para- TEMPORARY EMPLOYMENT AUTHORITY.—Sec- manner consistent with the authorities and graph is any major contract, grant, agree- tion 3161 of title 5, United States Code, is requirements of this Act generally and the ment, or other funding mechanism that is amended by adding at the end the following authorities and requirements applicable to entered into by any department or agency of new subsection: the Inspectors General specified in sub- the United States Government that involves ‘‘(j) LEAD INSPECTORS GENERAL FOR OVER- section (b) under this Act. the use of amounts appropriated or other- SEAS CONTINGENCY OPERATIONS AS TEM- ‘‘(f) REPORTS.—(1) The Lead Inspector Gen- wise made available for reconstruction and PORARY ORGANIZATION.—In addition to the eral for an overseas contingency operation other related activities in the contingency meaning given that term in subsection (a), shall, in coordination with the other Inspec- operation concerned with any public or pri- the term ‘temporary organization’ for pur- tors General specified in subsection (b), sub- vate sector entity, including any of the fol- poses of this subchapter shall, without re- mit to the appropriate committees of Con- lowing purposes: gard to subsections (a) and (b)(2) of this sec- gress on a semi-annual basis, and make ‘‘(A) To build or rebuild physical infra- tion, also include the Lead Inspector General available on an Internet website available to structure. for an overseas contingency operation under the public, a report summarizing, for the ‘‘(B) To establish or reestablish a political section 8L of the Inspector General Act of semi-annual period, the activities of the or societal function or institution. 1978 and the Inspectors General and inspec- Lead Inspector General and the other Inspec- ‘‘(C) To provide products or services. tor general office personnel assisting the tors General specified in subsection (b) with ‘‘(4) Each report under this subsection Lead Inspector General in the discharge of respect to the contingency operation, includ- shall be submitted in unclassified form, but responsibilities and authorities under sub- ing— may include a classified annex. section (e) of such section 8L with respect to ‘‘(A) the status and results of audits, in- ‘‘(g) TEMPORARY EMPLOYMENT AUTHOR- the contingency operation.’’. spections, and closed investigations, and of ITY.—(1) Each Inspector General specified in the number of referrals to the Department of SEC. 870. AGENCY REPORTS AND INSPECTOR subsection (b) may employ, on a temporary GENERAL AUDITS OF CERTAIN IN- Justice; basis using the authorities in section 3161 of FORMATION ON OVERSEAS CONTIN- ‘‘(B) updates and changes to overall plans title 5, United States Code (but without re- GENCY OPERATIONS. for the review of the contingency operation gard to subsections (a) and (b)(2) of such sec- (a) AGENCY REPORTS.—Not later than 180 by inspectors general, including plans for in- tion), such auditors, inspectors, investiga- days after the commencement or designation spections and audits; and tors, and other personnel as such Inspector of a military operation as an overseas con- ‘‘(C) the activities under programs and op- General considers appropriate for purposes of tingency operation and semi-annually there- erations funded with amounts appropriated assisting such Inspector General in dis- after during the duration of the contingency or otherwise made available for the overseas charging responsibilities under subsection operation, the Secretary of Defense, the Sec- contingency operation, including the infor- (e) with respect to an overseas contingency retary of State, and the Administrator of the mation specified in paragraph (2). operation. United States Agency for International De- ‘‘(2) The information specified in this para- ‘‘(2) The employment under this subsection velopment shall each make available to the graph with respect to an overseas contin- of an annuitant described in section 9902(g) Inspector General of the department or agen- gency operation is as follows: of title 5, United States Code, shall be gov- cy concerned the information required by ‘‘(A) Obligations and expenditures of ap- erned by the provisions of such section as if subsection (f)(2) of section 8L of the Inspec- propriated funds. the position to which employed was a posi- tor General Act of 1978 (as amended by sec- ‘‘(B) A project-by-project and program-by- tion in the Department of Defense. tion 869 of this Act) on the contingency oper- program accounting of the costs incurred to ‘‘(3) The employment under this subsection ation. date for the contingency operation, together of an annuitant receiving an annuity under (b) INSPECTOR GENERAL AUDITS.—Not later with the estimate of the Department of De- the Foreign Service Retirement and Dis- than 90 days after receipt of a report under fense, the Department of State, and the ability System under chapter 8 of the For- subsection (a), each Inspector General re- United States Agency for International De- eign Service Act of 1980 (22 U.S.C. 4041 et ferred to in that subsection shall— velopment, as applicable, of the costs to seq.) shall be treated as employment in an (1) perform an audit on the quality of the complete each project and program above elective position in the Government on a information submitted in such report, in- the simplified acquisition threshold. temporary basis under section 824(b) of the cluding an assessment of the completeness

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7510 CONGRESSIONAL RECORD — SENATE December 5, 2012 and accuracy of the information and the ex- national Development, as applicable, within shall include appropriate content on the fol- tent to which the information fully satisfies the chain of authority and responsibility for lowing: the requirements of such Inspector General policy, planning, and execution of contract (A) Contingency contracting. in preparing the semi-annual report de- support for overseas contingency operations. (B) Contingency program management. scribed in subsection (f)(1)(C) of section 8L of (2) Procedures and processes of the Depart- (C) The strategic impact of contracting the Inspector General Act of 1978 (as so ment or Agency, as applicable, on the fol- costs on the mission and activities of the De- amended); and lowing in connection with contract support partment of State. (2) submit to the appropriate committees for overseas contingency operations: (D) Such other matters relating to acquisi- of Congress a report on the reliability, accu- (A) Collection, inventory, and reporting of tion by the Department for Department sup- racy, and completeness of the information, data. port for, or participation in, overseas contin- including any significant problems in such (B) Acquisition planning. gency operations as the Secretary of State information. (C) Solicitation and award of contracts. considers appropriate. (c) DEFINITIONS.—In this section: (D) Requirements development and man- (2) PHASED APPROACH.—The course of pro- (1) The term ‘‘appropriate committees of agement. fessional education may be broken into two Congress’’ means— (E) Contract tracking and oversight. or more phases of professional education (A) the Committee on Armed Services, the (F) Performance evaluations. with curriculum or modules of education Committee on Foreign Relations, the Com- (G) Risk management. suitable for the Department of State per- mittee on Homeland Security and Govern- (H) Interagency coordination and transi- sonnel specified in subsection (b) at different mental Affairs, and the Committee on Ap- tion planning. phases of professional advancement within propriations of the Senate; and (3) Strategies and improvements necessary the Department. (B) the Committee on Armed Services, the for the Department or the Agency, as appli- (d) DEFINITIONS.—In this section: Committee on Foreign Affairs, the Com- cable, to address reliance on contractors, (1) The term ‘‘contingency contracting’’ mittee on Oversight and Government Re- workforce planning, and the recruitment and means all stages of the process of acquiring form, and the Committee on Appropriations training of acquisition workforce personnel, property or services by the Department of of the House of Representatives. including the anticipated number of per- State for Department of State support for, (2) The term ‘‘overseas contingency oper- sonnel needed to perform acquisition man- and participation in, overseas contingency ation’’ means a military operation outside agement and oversight functions and plans operations. the United States and its territories and pos- for achieving personnel staffing goals, in (2) The term ‘‘contingency program man- sessions that is a contingency operation (as connection with overseas contingency oper- agement’’ means the process of planning, or- that term is defined in section 101(a)(13) of ations. ganizing, staffing, controlling, and leading title 10, United States Code). (c) COMPTROLLER GENERAL REPORT.—Not specific acquisition programs and activities SEC. 871. OVERSIGHT OF CONTRACTS AND CON- later than one year after the date of the en- of the Department of State for Department TRACTING ACTIVITIES FOR OVER- actment of this Act, the Comptroller General of State support for, and participation in, SEAS CONTINGENCY OPERATIONS IN of the United States shall submit to the ap- overseas contingency operations. RESPONSIBILITIES OF CHIEF ACQUI- propriate committees of Congress a report on (3) The term ‘‘overseas contingency oper- SITION OFFICERS OF FEDERAL the progress of the efforts of the Department ation’’ means a military operation outside AGENCIES. of State and the United States Agency for the United States and its territories and pos- (a) IN GENERAL.—Subsection (b)(3) of sec- International Development in implementing sessions that is a contingency operation (as tion 1702 of title 41, United States Code, is improvements and changes identified under that term is defined in section 101(a)(13) of amended— paragraphs (1) through (3) of subsection (b) title 10, United States Code). (1) by redesignating subparagraphs (F) and in the reports required by subsection (a), to- SEC. 874. DATABASE ON PRICE TRENDS OF ITEMS (G) as subparagraphs (G) and (H), respec- gether with such additional information as AND SERVICES UNDER FEDERAL tively; and the Comptroller General considers appro- CONTRACTS. (2) by inserting after subparagraph (E) the priate to further inform such committees on (a) DATABASE REQUIRED.— following new subparagraph (F): issues relating to the reports required by (1) IN GENERAL.—Chapter 33 of title 41, ‘‘(F) advising the executive agency on the subsection (a). United States Code, is amended by adding at applicability of relevant policy on the con- (d) APPROPRIATE COMMITTEES OF CONGRESS the end the following new section: tracts of the agency for overseas contin- DEFINED.—In this section, the term ‘‘appro- ‘‘§ 3312. Database on price trends of items and gency operations and ensuring the compli- priate committees of Congress’’ means— services under Federal contracts ance of the contracts and contracting activi- (1) the Committee on Foreign Relations, ‘‘(a) DATABASE REQUIRED.—The Adminis- ties of the agency with such policy;’’. the Committee on Armed Services, the Com- trator shall establish and maintain a data- (b) DEFINITION.—Such section is further mittee on Homeland Security and Govern- base of information on price trends for items amended by adding at the following new sub- mental Affairs, and the Committee on Ap- section: and services under contracts with the Fed- propriations of the Senate; and eral Government. The information in the ‘‘(d) OVERSEAS CONTINGENCY OPERATIONS (2) the Committee on Foreign Affairs, the database shall be designed to assist Federal DEFINED.—In this section, the term ‘overseas Committee on Armed Services, the Com- contingency operations’ means military op- acquisition officials in the following: mittee on Oversight and Government Re- ‘‘(1) Monitoring developments in price erations outside the United States and its form, and the Committee on Appropriations territories and possessions that are a contin- trends for items and services under contracts of the House of Representatives. with the Federal Government. gency operation (as that term is defined in SEC. 873. PROFESSIONAL EDUCATION FOR DE- section 101(a)(13) of title 10).’’. ‘‘(2) Conducting pricing or cost analyses PARTMENT OF STATE PERSONNEL for items and services under offers for con- SEC. 872. REPORTS ON RESPONSIBILITY WITHIN ON ACQUISITION FOR DEPARTMENT tracts with the Federal Government, or oth- DEPARTMENT OF STATE AND THE OF STATE SUPPORT AND PARTICIPA- UNITED STATES AGENCY FOR INTER- TION IN OVERSEAS CONTINGENCY erwise conducting determinations of the rea- NATIONAL DEVELOPMENT FOR CON- OPERATIONS. sonableness of prices for items and services TRACT SUPPORT FOR OVERSEAS (a) PROFESSIONAL EDUCATION REQUIRED.— under such offers, and addressing unjustified CONTINGENCY OPERATIONS. The Secretary of State shall develop and ad- escalation in prices being paid by the Fed- (a) DOS AND USAID REPORTS REQUIRED.— minister for Department of State personnel eral Government for items and services Not later than six months after the date of specified in subsection (b) a course of profes- under contracts with the Federal Govern- the enactment of this Act, the Secretary of sional education on acquisition by the De- ment. State and the Administrator of the United partment of State for Department of State ‘‘(b) USE.—(1) The database under sub- States Agency for International Develop- support for, and participation in, overseas section (a) shall be available to executive ment shall, in consultation with the Chief contingency operations. agencies in the evaluation of offers for con- Acquisition Officer of the Department of (b) COVERED DEPARTMENT OF STATE PER- tracts with the Federal Government for State and the Chief Acquisition Officer of SONNEL.—The Department of State personnel items and services. the United States Agency for International specified in this subsection are as follows: ‘‘(2) The Secretary of Defense may satisfy Development, respectively, each submit to (1) The Chief Acquisition Officer of the De- the requirements of this section by com- the appropriate committees of Congress an partment of State. plying with the requirements of section 892 assessment of Department of State and (2) Personnel of the Department designated of the Ike Skelton National Defense Author- United States Agency for International De- by the Chief Acquisition Officer, including ization Act for Fiscal Year 2011 (10 U.S.C. velopment policies governing contract sup- contracting officers and other contracting 2306a note).’’. port in overseas contingency operations. personnel. (2) CLERICAL AMENDMENT.—The table of (b) ELEMENTS.—Each report under sub- (3) Such other personnel of the Department sections at the beginning of chapter 33 of section (a) shall include the following: as the Secretary of State shall designate for such title is amended by adding at the end (1) A description and assessment of the purposes of this section. the following new item: roles and responsibilities of the officials, of- (c) ELEMENTS.— ‘‘3312. Database on price trends of items and fices, and components of the Department of (1) CURRICULUM CONTENT.—The course of services under Federal con- State or the United States Agency for Inter- professional education under this section tracts.’’.

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(b) USE OF ELEMENTS OF DEPARTMENT OF with paragraph (1), to submit comments, (1) There shall be not less than one suspen- DEFENSE PILOT PROJECT.—In establishing the rebuttals, or additional information per- sion and debarment official— database required by section 3312 of title 41, taining to past performance for inclusion in (A) in the case of the Department of De- United States Code (as added by subsection such databases. fense, for each of the Department of the (a)), the Administrator of Federal Procure- (3) That agency evaluations of contractor Army, the Department of the Navy, the De- ment Policy shall use and incorporate appro- past performance, including any information partment of the Air Force, and the Defense priate elements of the pilot project on pric- submitted under paragraph (2), are included Logistics Agency; ing of the Department of Defense being car- in the relevant past performance database (B) for the Department of State; and ried out by the Director of Defense Pricing. not later than the date that is 14 days after (C) for the United States Agency for Inter- SEC. 875. INFORMATION ON CORPORATE CON- the date of delivery of the information pro- national Development. TRACTOR PERFORMANCE AND IN- vided in accordance with paragraph (1). (2) A suspension and debarment official TEGRITY THROUGH THE FEDERAL (d) CONSTRUCTION.—Nothing in this section under paragraph (1) may not report to or be AWARDEE PERFORMANCE AND IN- shall be construed to prohibit a contractor TEGRITY INFORMATION SYSTEM. subject to the supervision of the acquisition from submitting comments, rebuttals, or ad- office or the Inspector General of— (a) INCLUSION OF CORPORATIONS AMONG COV- ditional information pertaining to past per- ERED PERSONS.—Subsection (b) of section 872 (A) in the case of the Department of De- formance after the period described in sub- fense, either the Department of Defense or of the Duncan Hunter National Defense Au- section (c)(2) has elapsed or to prohibit a the military department or Defense Agency thorization Act for Fiscal Year 2009 (Public contractor from challenging a past perform- concerned; and Law 110–417; 122 Stat. 4555) is amended by in- ance evaluation in accordance with applica- (B) in the case of any other covered agen- serting ‘‘(including a corporation)’’ after ble laws, regulations, or procedures. cy, the acquisition office or the Inspector ‘‘Any person’’ both places it appears. (e) COMPTROLLER GENERAL REPORT.—Not General of such agency. (b) INFORMATION ON CORPORATIONS.—Sub- later than 18 months after the date of the en- section (d) of such section is amended by actment of this Act, the Comptroller General (3)(A) Except as provided in subparagraph adding at the end the following new para- of the United States shall submit to the ap- (B), the duties of a suspension and debar- graph: propriate committees of Congress a report on ment official under paragraph (1) may in- ‘‘(3) INFORMATION ON CORPORATIONS.—The the actions taken by the Federal Acquisition clude only the following: information on a corporation in the database Regulatory Council pursuant to this section, (i) The direction, management, and over- shall, to the extent practicable, include in- including an assessment of the following: sight of suspension and debarment activities. formation on any parent, subsidiary, or suc- (1) The extent to which the strategy re- (ii) The direction, management, and over- cessor entities to the corporation in manner quired by subsection (a) is consistent with sight of fraud remedies activities. designed to give the acquisition officials the strategy developed by the Under Sec- (iii) Membership and participation in the using the database a comprehensive under- retary of Defense for Acquisition, Tech- Interagency Committee on Debarment and standing of the performance and integrity of nology, and Logistics as described in sub- Suspension in accordance with Executive the corporation in carrying out Federal con- section (a)(2). Order No. 12549 and section 873 of the Duncan tracts and grants.’’. (2) The extent to which the actions of the Hunter National Defense Authorization Act SEC. 876. INCLUSION OF DATA ON CONTRACTOR Federal Acquisition Regulatory Council pur- for Fiscal Year 2009 (as amended by this sec- PERFORMANCE IN PAST PERFORM- suant to this section have otherwise tion). ANCE DATABASES FOR EXECUTIVE achieved the objectives of this section. (B) The limitation in subparagraph (A) AGENCY SOURCE SELECTION DECI- (f) DEFINITIONS.—In this section: shall not be construed to prohibit a suspen- SIONS. (1) The term ‘‘appropriate committees of sion and debarment official under paragraph (a) STRATEGY REQUIRED.— Congress’’ means— (1) from providing authorized legal advice to (1) IN GENERAL.—Not later than 180 days (A) the Committee on Armed Services, the the extent that the provision of such advice after the date of the enactment of this Act, Committee on Foreign Relations, the Com- does not present a conflict of interest with the Federal Acquisition Regulatory Council mittee on Homeland Security and Govern- the exercise of the duties of the suspension shall develop a strategy for ensuring that mental Affairs, and the Committee on Ap- and debarment official under subparagraph timely, accurate, and complete information propriations of the Senate; and (A). on contractor performance is included in (B) the Committee on Armed Services, the (4) Each suspension and debarment official past performance databases used by execu- Committee on Foreign Affairs, the Com- under paragraph (1) shall have a staff and re- tive agencies for making source selection de- mittee on Oversight and Government Re- sources adequate for the discharge of the cisions. form, and the Committee on Appropriations suspension and debarment responsibilities of (2) CONSULTATION WITH USDATL.—In devel- of the House of Representatives. such official. oping the strategy required by this sub- (2) The term ‘‘executive agency’’ has the (5) Each suspension and debarment official section, the Federal Acquisition Regulatory meaning given that term in section 133 of under paragraph (1) shall document the basis Council shall consult with the Under Sec- title 41, United States Code, except that the for any decision taken pursuant to a referral retary of Defense for Acquisition, Tech- term excludes the Department of Defense in accordance with the policies established nology, and Logistics to ensure that the and the military departments. under paragraph (7), including, but not lim- strategy is, to the extent practicable, con- (3) The term ‘‘Federal Acquisition Regu- ited to, the following: sistent with the strategy developed by the latory Council’’ means the Federal Acquisi- Under Secretary pursuant to section 806 of (A) Any decision to suspend or debar any tion Regulatory Council under section the National Defense Authorization Act for person or entity. 1302(a) of title 41, United States Code. Fiscal Year 2012 (Public Law 112–81; 125 Stat. (B) Any decision not to suspend or debar 1487; 10 U.S.C. 2302 note). SEC. 877. PUBLIC AVAILABILITY OF DATABASE OF any person or entity. SENIOR DEPARTMENT OF DEFENSE (b) ELEMENTS.—The strategy required by (C) Any decision declining to pursue sus- OFFICIALS SEEKING EMPLOYMENT pension or debarment of any person or enti- subsection (a) shall, at a minimum— WITH DEFENSE CONTRACTORS. (1) establish standards for the timeliness ty. Section 847(b) of the National Defense Au- (D) Any administrative agreement entered and completeness of past performance sub- thorization Act for Fiscal Year 2008 (Public missions for purposes of databases described with any person or persons in lieu of suspen- Law 110–181; 10 U.S.C. 1701 note) is amended sion or debarment of such person or entity. in subsection (a); by adding at the end the following new para- (6) Any decision under subparagraphs (B) (2) assign responsibility and management graph: through (D) of paragraph (5) shall not pre- accountability for the completeness of past ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- clude a subsequent decision by a suspension performance submissions for such purposes; TION.—The Secretary of Defense shall make and debarment official under paragraph (1) and available online to the public any informa- to suspend, debar, or enter into any adminis- (3) ensure that past performance submis- tion contained in the database or repository trative agreement with any person or entity sions for such purposes are consistent with required under paragraph (1) that is not con- based on additional information or changed award fee evaluations in cases where such fidential, personal, or proprietary in na- circumstances. All cases, whether based on evaluations have been conducted. ture.’’. (c) CONTRACTOR COMMENTS.—Not later than referral or internally developed, shall be doc- Subtitle E—Other Matters 180 days after the date of the enactment of umented prior to closure by the suspension this Act, the Federal Acquisition Regulation SEC. 881. REQUIREMENTS AND LIMITATIONS FOR and debarment official. shall be revised to require the following: SUSPENSION AND DEBARMENT OFFI- (7) Each suspension and debarment official CIALS OF THE DEPARTMENT OF DE- under paragraph (1) shall, in consultation (1) That affected contractors are provided, FENSE, THE DEPARTMENT OF in a timely manner, information on con- STATE, AND THE UNITED STATES with the General Counsel of the covered tractor performance to be included in past AGENCY FOR INTERNATIONAL DE- agency concerned, establish in writing poli- performance databases in accordance with VELOPMENT. cies for the consideration of the following: subsection (a). (a) IN GENERAL.—Not later than 180 days (A) Referrals of suspension and debarment (2) That such contractors are afforded up after the date of the enactment of this Act, matters. to 14 calendar days, from the date of delivery the head of the covered agency concerned (B) Suspension and debarment matters of the information provided in accordance shall ensure the following: that are not referred.

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(b) COVERED AGENCY DEFINED.—In sub- SEC. 882. UNIFORM CONTRACT WRITING SYSTEM (B) the Committee on Armed Services, the section (a), the term ‘‘covered agency’’ REQUIREMENTS. Committee on Foreign Affairs, the Com- means the following: (a) UNIFORM STANDARDS AND CONTROLS RE- mittee on Oversight and Government Re- (1) The Department of Defense. QUIRED.—Not later than 180 days after the form, and the Committee on Appropriations (2) The Department of State. date of the enactment of this Act, the offi- of the House of Representatives. (3) The United States Agency for Inter- cials specified in subsection (b) shall— (2) The term ‘‘executive agency’’ has the national Development. (1) establish uniform data standards, inter- meaning given that term in section 133 of (c) DUTIES OF INTERAGENCY COMMITTEE ON nal control requirements, independent title 41, United States Code. DEBARMENT AND SUSPENSION.—Section 873 of verification and validation requirements, and business process rules for processing pro- SEC. 883. COMPTROLLER GENERAL OF THE the Duncan Hunter National Defense Au- UNITED STATES REVIEW OF USE BY thorization Act for Fiscal Year 2009 (31 curement requests, contracts, receipts, and THE DEPARTMENT OF DEFENSE, U.S.C. 6101 note) is amended— invoices by the Department of Defense or THE DEPARTMENT OF STATE, AND (1) in subsection (a)— other executive agencies, as applicable; THE UNITED STATES AGENCY FOR (A) in paragraph (1), by inserting ‘‘, includ- (2) establish and maintain one or more ap- INTERNATIONAL DEVELOPMENT OF ing with respect to contracts in connection proved electronic contract writing systems URGENT AND COMPELLING EXCEP- with contingency operations’’ before the that conform with the standards, require- TION TO COMPETITION. semicolon; and ments, and rules established pursuant to (a) REVIEW REQUIRED.—The Comptroller (B) in paragraph (7)— paragraph (1); and General of the United States shall review (i) in subparagraph (B), by striking ‘‘and’’ (3) require the use of electronic contract each of the following: at the end; writing systems approved in accordance with (1) The use by the Department of Defense (ii) in subparagraph (C), by striking the pe- paragraph (2) for all contracts entered into of the unusual and compelling urgency ex- riod at the end and inserting a semicolon; by the Department of Defense or other exec- ception to full and open competition pro- and utive agencies, as applicable. vided in section 2304(c)(2) of title 10, United (iii) by adding at the end the following new (b) COVERED OFFICIALS.—The officials spec- States Code. subparagraphs ified in this subsection are the following: (2) The use by each of the Department of ‘‘(D) a summary of suspensions, (1) The Secretary of Defense, with respect State and the United States Agency for debarments, and administrative agreements to the Department of Defense and the mili- International Development of the unusual during the previous year; and tary departments. and compelling urgency exception to full and ‘‘(E) a summary of referrals of suspension (2) The Administrator of the Office of Fed- open competition provided in section and debarment matters received during the eral Procurement Policy, with respect to the 3304(a)(2) of title 41, United States Code. previous year, including an identification of executive agencies other than the Depart- (b) MATTERS TO BE REVIEWED.—The review the agencies making such referrals and an ment of Defense and the military depart- of the use of an unusual and compelling ur- assessment of the timeliness of such refer- ments. gency exception required by subsection (a) rals.’’; and (c) ELECTRONIC WRITING SYSTEMS FOR DE- shall include a review of the following: (2) by striking subsection (b) and inserting PARTMENT OF STATE AND USAID.—Notwith- (1) The pattern of use of the exception by the following new subsections: standing subsection (b)(2), the Secretary of acquisition organizations within the Depart- ‘‘(b) DATE OF SUBMITTAL OF ANNUAL RE- State and the Administrator of the United ment of Defense, the Department of State, PORTS.—The annual report required by sub- States Agency for International Develop- and the United States Agency for Inter- section (a)(7) shall be submitted not later ment may meet the requirements of sub- national Development in order to determine than 120 days after the end of the first fiscal section (a)(2) with respect to approved elec- which organizations are commonly using the year ending after the date of the enactment tronic contract writing systems for the De- exception and the frequency of such use. of the National Defense Authorization Act partment of State and the United States (2) The range of items or services being ac- for Fiscal Year 2013, and annually thereafter. Agency for International Development, required through the use of the exception. ‘‘(c) DEFINITIONS.—In this section: spectively, if the Secretary and the Adminis- (3) The process for reviewing and approving ‘‘(1) The term ‘contingency operation’ has trator, as the case may be, demonstrate to justifications involving the exception. the meaning given that term in section the Administrator of the Office of Federal (4) Whether the justifications for use of the 101(a)(13) of title 10, United States Code. Procurement Policy that prior investment of exception typically meet the relevant re- ‘‘(2) The term ‘Interagency Committee on resources in existing contract writing sys- quirements of the Federal Acquisition Regu- Debarment and Suspension’ means the com- tems will result in the most cost effective lation applicable to the use of the exception. mittee constituted under sections 4 and 5 of and efficient means to satisfy such require- (5) The extent to which the exception is Executive Order No. 12549.’’. ments. used to solicit bids or proposals from only (d) PHASE-IN OF IMPLEMENTATION OF RE- SEC. 881A. ADDITIONAL BASES FOR SUSPENSION one source and the extent to which such QUIREMENT FOR APPROVED SYSTEMS.—The of- OR DEBARMENT. sole-source procurements are appropriately ficials specified in subsection (b) may phase (a) IN GENERAL.—Not later than 180 days documented and justified. after the date of the enactment of this Act, in the implementation of the requirement to (6) The compliance of the Department of the Federal Acquisition Regulation shall be use approved electronic contract writing sys- Defense, the Department of State, and the revised to provide for the automatic referral tems in accordance with subsection (a)(3) United States Agency for International De- of a person described in subsection (b) to the over a period of up to five years beginning velopment with the requirements of section appropriate suspension and debarment offi- with the date of the enactment of this Act. 2304(d)(3) of title 10, United States Code, or cial for a determination whether or not the (e) REPORTS.—Not later than 180 days after section 3304(c)(1)(B) of title 41, United States person should be suspended or debarred. the date of the enactment of this Act, the of- Code, as applicable, that limit the duration (b) COVERED PERSONS.—A person described ficials specified in subsection (b) shall each of contracts awarded pursuant to the excep- in this subsection is any person as follows: submit to the appropriate committees of tion and require approval for any such con- (1) A person who has been charged with a Congress a report on the implementation of tract in excess of one year. Federal criminal offense relating to the the requirements of this section. Each report award or performance of a contract of an ex- shall, at a minimum— (c) REPORT.—Not later than one year after ecutive agency. (1) describe the standards, requirements, the date of the enactment of this Act, the (2) A person who has been alleged, in a civil and rules established pursuant to subsection Comptroller General shall submit to the ap- or criminal proceeding brought by the (a)(1); propriate committees of Congress a report on United States, to have engaged in fraudulent (2) identify the electronic contract writing the review required by subsection (a), includ- actions in connection with the award or per- systems approved pursuant to subsection ing a discussion of each of the matters speci- formance of a contract of an executive agen- (a)(2) and, if multiple systems are approved, fied in subsection (b). The report shall in- cy. explain why the use of such multiple systems clude any recommendations relating to the (3) A person that does not maintain an of- is the most efficient and effective approach matters reviewed that the Comptroller Gen- fice within the United States and has been to meet the contract writing needs of the eral considers appropriate. determined by the head of a contracting Federal Government; and (d) APPROPRIATE COMMITTEES OF CONGRESS agency of an executive agency to have failed (3) provide the schedule for phasing in the DEFINED.—In this section, the term ‘‘appro- to pay or refund amounts due or owed to the use of approved electronic contract writing priate committees of Congress’’ means— Federal Government in connection with the systems in accordance with subsections (a)(3) (1) the Committee on Armed Services, the performance of a contract of the executive and (d). Committee on Foreign Relations, the Com- agency. (f) DEFINITIONS.—In this section: mittee on Homeland Security and Govern- (c) DEFINITIONS.—In this section: (1) The term ‘‘appropriate committees of mental Affairs, and the Committee on Ap- (1) The term ‘‘executive agency’’ has the Congress’’ means— propriations of the Senate; and meaning given that term in section 133 of (A) the Committee on Armed Services, the (2) the Committee on Armed Services, the title 41, United States Code. Committee on Foreign Relations, the Com- Committee on Foreign Affairs, the Com- (2) The term ‘‘person’’ has the meaning mittee on Homeland Security and Govern- mittee on Oversight and Government Re- given that term in section 1 of title 1, United mental Affairs, and the Committee on Ap- form, and the Committee on Appropriations States Code. propriations of the Senate; and of the House of Representatives.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7513 SEC. 884. AUTHORITY TO PROVIDE FEE-FOR- SEC. 887. EXTENSION OF OTHER TRANSACTION (B) An assessment of the Department of SERVICE INSPECTION AND TESTING AUTHORITY. Defense’s current plans to modernize its BY DEFENSE CONTRACT MANAGE- Section 845(i) of the National Defense Au- small arms capabilities. MENT AGENCY FOR CERTAIN CRIT- thorization Act for Fiscal Year 1994 (10 (C) A comparative evaluation of the ICAL EQUIPMENT IN THE ABSENCE U.S.C. 2371 note) is amended by striking OF A PROCUREMENT CONTRACT. Army’s standard small arms ammunition ‘‘September 30, 2013’’ and inserting ‘‘Sep- (a) AUTHORITY.—Section 2539b of title 10, with other small arms ammunition alter- United States Code, is amended— tember 30, 2018’’. natives. (1) in subsection (a)— SEC. 888. SUBCONTRACTOR NOTIFICATIONS. (2) FACTORS TO CONSIDER.—The study re- (A) in paragraph (3), by striking ‘‘and’’ at Section 8(d) of the Small Business Act (15 quired under subsection (a) shall take into the end; U.S.C. 637(d)) is amended by adding at the consideration the following factors: (B) in paragraph (4), by striking the period end the following: (A) Current and future operating environ- at the end and inserting ‘‘; and’’; and ‘‘(13) NOTIFICATION REQUIREMENT.—An of- ments as specified or referred to in Depart- (C) by adding at the end the following new feror with respect to a contract let by a Fed- ment of Defense strategic guidance and plan- paragraph: eral agency that is to be awarded pursuant ning documents. ‘‘(5) make available to any person or enti- to the negotiated method of procurement (B) Modifications and improvements re- ty, in advance of the award of a procurement that intends to identify a small business con- cently applied to United States general pur- contract, through contracts or other appro- cern as a potential subcontractor in the offer pose and special operations forces small priate arrangements and subject to sub- relating to the contract shall notify the arms as well as their potential for continued section (c), the services of the Defense Con- small business concern that the offeror in- modification and improvement. tract Management Agency for testing and intends to identify the small business concern (C) Industrial base impacts. spection of items when such testing and in- as a potential subcontractor in the offer. (3) ACCESS TO INFORMATION.—The Secretary spection is determined by such Secretary to ‘‘(14) REPORTING BY SUBCONTRACTORS.—The of Defense and the Secretary of the Army be critical to a specific program of the De- Administrator shall establish a reporting shall ensure that the Federally Funded Re- partment of Defense.’’; mechanism that allows a subcontractor to search and Development Center conducting (2) by redesignating subsections (c) and (d) report fraudulent activity by a contractor the study required under subsection (a) has as subsections (d) and (e), respectively; and with respect to a subcontracting plan sub- access to all necessary data, records, anal- (3) by inserting after subsection (b) the fol- mitted to a procurement authority under ysis, personnel, and other resources nec- lowing new subsection (c): paragraph (4)(B).’’. essary to complete the study. ‘‘(c) DCMA SERVICES.—Services of the De- SEC. 889. REPORT BY THE SUSPENSION AND DE- (b) REPORT.— fense Contract Management Agency may be BARMENT OFFICIALS OF THE MILI- (1) IN GENERAL.—Not later than September made available under subsection (a)(5) only TARY DEPARTMENTS AND THE DE- 30, 2013, the Secretary of Defense shall sub- FENSE LOGISTICS AGENCY. if the contract or other arrangement for mit to the congressional defense committees (a) REPORT REQUIRED.—Not later than 60 those services— a report containing the results of the study days after the date of the enactment of this ‘‘(1) holds the United States harmless if conducted under subsection (a), together Act, the suspension and debarment official of the items covered by the contract or other with the comments of the Secretary of De- each agency specified in subsection (b) shall arrangement (whether or not tested and in- fense on the findings contained in the study. submit to the congressional defense commit- spected under the contract or other arrange- (2) CLASSIFIED ANNEX.—The report shall be tees a report on the suspension and debarment) are not subsequently ordered by or de- in unclassified form, but may contain a clas- ment activities of such official containing livered to the United States under a procure- sified annex. the information specified in subsection (c). ment contract entered into after the con- (c) DEFINITIONS.—In this section: (b) COVERED AGENCIES.—The agencies spec- tract or other arrangement is entered into; (1) The term ‘‘small arms’’ means— ified in this subsection are the following: and (A) firearms up to but not including .50 cal- (1) The Department of the Army. ‘‘(2) holds the United States harmless iber; and (2) The Department of the Navy. against any claim arising out of the inspec- (B) shotguns. (3) The Department of the Air Force. tion and testing, or the use in any commer- (2) The term ‘‘small arms ammunition’’ (4) The Defense Logistics Agency. cial application, of the equipment tested and means ammunition or ordnance for— (c) COVERED INFORMATION.—The informa- inspected by the Defense Contract Manage- (A) firearms up to but not including .50 cal- tion specified in this subsection to be in- ment Agency under the contract or other ar- iber; and cluded in the report of a suspension and de- rangement.’’. (B) shotguns. (b) FEES.—Subsection (d) of such section, barment official under subsection (a) is the following: SEC. 889B. ANNUAL REPORT ON DEFENSE CON- as redesignated by subsection (a)(2) of this TRACTING FRAUD. (1) The number of open suspension and de- section, is amended— (a) ANNUAL STUDY AND REPORT.—The Sec- (1) in the first sentence, by striking ‘‘and barment cases of such official as of the date retary of Defense shall conduct an annual (a)(4)’’ and inserting ‘‘, (a)(4), and (a)(5)’’; and of such report. study on defense contracting fraud and sub- (2) in the second sentence— (2) The current average processing time for mit a report containing the findings of such (A) by inserting ‘‘, travel, and other inci- suspension and debarment cases. study to the congressional defense commit- dental overhead expenses’’ after ‘‘salaries’’; (3) The target goal of such official for aver- tees. and age processing time for suspension and de- (b) REPORT CONTENTS.—The report required (B) by inserting ‘‘or inspection’’ before the barment proposals. under subsection (a) shall include with re- period at the end. (4) If the average time required for such of- spect to the most recent reporting period the (c) USE OF FEES.—Subsection (e) of such ficial to process suspension and debarment following elements: section, as so redesignated, is amended by proposals is more than twice the target goal (1) An assessment of the total value of De- striking ‘‘and (a)(4)’’ and inserting ‘‘, (a)(4), specified under paragraph (3)— partment of Defense contracts entered into and (a)(5)’’. (A) an explanation why the average time to with contractors that have been indicted SEC. 885. DISESTABLISHMENT OF DEFENSE MA- exceeds the target goal by more than twice for, settled charges of, been fined by any TERIEL READINESS BOARD. the target goal; and Federal department or agency for, or been (a) DISESTABLISHMENT OF BOARD.—The De- (B) a description of the actions to be taken convicted of fraud in connection with any fense Materiel Readiness Board established by such official to ensure that the average contract or other transaction entered into pursuant to section 871 of the National De- processing time for suspension and debar- with the Federal Government. fense Authorization Act for Fiscal Year 2008 ment proposals meets the target goal. (2) Recommendations by the Inspector (Public Law 110–181; 10 U.S.C. 117 note) is SEC. 889A. STUDY ON ARMY SMALL ARMS AND General of the Department of Defense or hereby disestablished. AMMUNITION ACQUISITION. other appropriate Department of Defense of- (b) TERMINATION OF STRATEGIC READINESS (a) STUDY.— ficial regarding how to penalize contractors FUND.—The Department of Defense Strategic (1) IN GENERAL.—Not later than 30 days Readiness Fund established by section 872(d) repeatedly involved in fraud in connection after the date of the enactment of this Act, with contracts or other transactions entered of the National Defense Authorization Act the Secretary of Defense shall enter into a for Fiscal Year 2008 (10 U.S.C. 117 note) is into with the Federal Government, including contract with a Federally Funded Research an update on implementation by the Depart- hereby closed. and Development Center to conduct a study (c) REPEAL.—Subtitle G of title VIII of the ment of any previous such recommendations. on the Army’s acquisition of small arms and National Defense Authorization Act for Fis- SEC. 889C. PLAN TO INCREASE NUMBER OF CON- ammunition to determine each of the fol- cal Year 2008 (10 U.S.C. 117 note) is repealed. TRACTORS ELIGIBLE FOR CON- lowing: TRACTS UNDER AIR FORCE SEC. 886. MODIFICATION OF PERIOD OF WAIT (A) A comparative evaluation of the cur- NETCENTS-2 CONTRACT. FOLLOWING NOTICE TO CONGRESS OF INTENT TO CONTRACT FOR rent military small arms in use by United (a) PLAN REQUIRED.—Not later than 180 LEASES OF CERTAIN VESSELS AND States general purpose and special oper- days after the date of the enactment of this VEHICLES. ations forces, allied foreign militaries, and Act, the Secretary of Defense shall submit to Section 2401(h)(2) of title 10, United States those potential candidate small arms not the congressional defense committees a plan Code, is amended by striking ‘‘of continuous necessarily in use militarily but available to increase the number of contractors eligi- session of Congress’’. commercially. ble to be awarded contracts under the Air

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7514 CONGRESSIONAL RECORD — SENATE December 5, 2012 Force’s Network-Centric Solutions-2 U.S.C. 7104(g)) is amended by striking ‘‘if the subcontractor or subgrantee, is engaged in (NETCENTS-2) indefinite-delivery, indefi- grantee or any subgrantee,’’ and all that fol- any of the activities described in such sec- nite-quantity (IDIQ) contract. lows through the period at the end and in- tion. (b) CONTENT.—The plan required under sub- serting the following: ‘‘or take any of the (b) LIMITATION.—Any plan or procedures section (a) shall include the following ele- other remedial actions authorized under sec- implemented pursuant to subsection (a) shall ments: tion 895(c) of the End Trafficking in Govern- be appropriate to the size and complexity of (1) A recommendation and rationale for a ment Contracting Act of 2012, if the grantee the grant, contract, or cooperative agree- maximum number of contractors to be eligi- or any subgrantee, or the contractor or any ment and to the nature and scope of its ac- ble for contract awards under NETCENTS-2 subcontractor, engages in, or uses labor re- tivities, including the number of non-United to foster competition and reduce overall cruiters, brokers, or other agents who en- States citizens expected to be employed. costs associated with hardware and oper- gage in— (c) DISCLOSURE.—The recipient shall pro- ation and maintenance of Air Networks. ‘‘(i) severe forms of trafficking in persons; vide a copy of the plan to the contracting or (2) The methodology used to periodically ‘‘(ii) the procurement of a commercial sex grant officer upon request, and as appro- review existing eligible NETCENTS-2 con- act during the period of time that the grant, priate, shall post the useful and relevant tractors and contracts. contract, or cooperative agreement is in ef- contents of the plan or related materials on (3) A timeline to increase the current num- fect; its website and at the workplace. ber of eligible contractors under ‘‘(iii) the use of forced labor in the per- (d) GUIDANCE.—The President, in consulta- NETCENTS-2 and dates of future ‘‘on- formance of the grant, contract, or cooperation with the Secretary of State, the Attor- ramps’’ under NETCENTS-2 to assess current tive agreement, or ney General, the Secretary of Defense, the eligible contractors and add additional eligi- ‘‘(iv) acts that directly support or advance Secretary of Labor, the Secretary of Home- ble contractors. trafficking in persons, including the fol- land Security, the Administrator for the United States Agency for International De- SEC. 889D. INCLUSION OF INFORMATION ON lowing acts: COMMON GROUNDS FOR SUS- ‘‘(I) Destroying, concealing, removing, con- velopment, and the heads of such other exec- TAINING BID PROTESTS IN ANNUAL fiscating, or otherwise denying an employee utive agencies as the President deems appro- GOVERNMENT ACCOUNTABILITY OF- access to that employee’s identity or immi- priate, shall establish minimum require- FICE REPORTS TO CONGRESS. gration documents. ments for contractor plans and procedures to The Comptroller General of the United ‘‘(II) Failing to pay return transportation be implemented pursuant to this section. States shall include in the annual report to costs to an employee upon the end of em- (e) REGULATIONS.—Not later than 270 days Congress on the Government Accountability ployment, unless— after the date of the enactment of this Act, Office each year a list of the most common ‘‘(aa) exempted from the duty to repatriate the Federal Acquisition Regulation shall be grounds for sustaining protests relating to by the Federal department or agency pro- amended to carry out the purposes of this bids for contracts during such year. viding or entering into the grant, contract, section. SEC. 889E. SMALL BUSINESS HUBZONES. or cooperative agreement; or (f) EFFECTIVE DATE.—The requirements (a) DEFINITION.—In this section, the term ‘‘(bb) the employee is a victim of human under subsection (a) and (c) shall apply to ‘‘covered base closure area’’ means a base trafficking seeking victim services or legal grants, contracts, and cooperative agree- closure area that, on or before the date of en- redress in the country of employment or a ments entered into on or after the date that actment of this Act, was treated as a witness in a human trafficking enforcement is 90 days after the Federal Acquisition Reg- HUBZone for purposes of the Small Business action. ulation is amended pursuant to subsection Act (15 U.S.C. 631 et seq.) pursuant to section ‘‘(III) Soliciting a person for the purpose of (e). 152(a)(2) of the Small Business Reauthoriza- employment, or offering employment, by SEC. 895. MONITORING AND INVESTIGATION OF TRAFFICKING IN PERSONS. tion and Manufacturing Assistance Act of means of materially false or fraudulent pre- (a) REFERRAL AND INVESTIGATION.— 2004 (15 U.S.C. 632 note). tenses, representations, or promises regard- (1) REFERRAL.—If the contracting or grant (b) TREATMENT AS HUBZONE.— ing that employment. officer of an executive agency for a grant, (1) IN GENERAL.—Subject to paragraph (2), a ‘‘(IV) Charging recruited employees unrea- contract, or cooperative agreement receives covered base closure area shall be treated as sonable placement or recruitment fees, such credible information that a recipient of the a HUBZone for purposes of the Small Busi- as fees equal to or greater than the employ- grant, contract, or cooperative agreement; ness Act (15 U.S.C. 631 et seq.) during the 5- ee’s monthly salary, or recruitment fees that any subgrantee or subcontractor of the re- year period beginning on the date of enact- violate the laws of the country from which cipient; or any agent of the recipient or of ment of this Act. an employee is recruited. such a subgrantee or subcontractor, has en- (2) LIMITATION.—The total period of time ‘‘(V) Providing or arranging housing that gaged in an activity described in section that a covered base closure area is treated as fails to meet the host country housing and 106(g) of the Trafficking Victims Protection a HUBZone for purposes of the Small Busi- safety standards.’’. Act of 2000 (22 U.S.C. 7104(g)), as amended by ness Act (15 U.S.C. 631 et seq.) pursuant to (b) EFFECTIVE DATE.—The amendment this section and section 152(a)(2) of the Small made by subsection (a) shall take effect 90 section 893, including a report from a con- Business Reauthorization and Manufacturing days after the date of the enactment of this tracting officer representative, an auditor, Assistance Act of 2004 (15 U.S.C. 632 note) Act. an alleged victim or victim’s representative, may not exceed 5 years. SEC. 894. COMPLIANCE PLAN AND CERTIFI- or any other credible source, the contracting or grant officer shall promptly refer the mat- Subtitle F—Ending Trafficking in CATION REQUIREMENT. ter to the agency’s Office of Inspector Gen- Government Contracting (a) REQUIREMENT.—The head of an executive agency may not provide or enter into a eral for investigation. The contracting offi- SEC. 891. SHORT TITLE. grant, contract, or cooperative agreement if cer may also direct the contractor to take This subtitle may be cited as the ‘‘End the estimated value of the services required specific steps to abate an alleged violation or Trafficking in Government Contracting Act to be performed under the grant, contract, or enforce the requirements of a compliance of 2012’’. cooperative agreement outside the United plan implemented pursuant to section 894. SEC. 892. DEFINITIONS. States exceeds $500,000, unless a duly des- (2) INVESTIGATION.—Where appropriate, an In this subtitle: ignated representative of the recipient of Inspector General who receives credible in- (1) COMMERCIAL SEX ACT.—The term ‘‘com- such grant, contract, or cooperative agree- formation that a recipient of the grant, con- mercial sex act’’ has the meaning given the ment certifies to the contracting or grant of- tract, or cooperative agreement; any sub- term in section 22.1702 of the Federal Acqui- ficer prior to receiving an award and on an grantee or subcontractor of the recipient; or sition Regulation (or any similar successor annual basis thereafter, after having con- any agent of the recipient or of such a sub- regulation). ducted due diligence, that— grantee or subcontractor, has engaged in an (2) EXECUTIVE AGENCY.—The term ‘‘execu- (1) the recipient has implemented a plan to activity described in section 106(g) of the tive agency’’ has the meaning given the term prevent the activities described in section Trafficking Victims Protection Act of 2000 in section 133 of title 41, United States Code. 106(g) of the Trafficking Victims Protection (22 U.S.C. 7104(g)), as amended by section 893, (3) SUBCONTRACTOR.—The term ‘‘subcon- Act of 2000 (22 U.S.C. 7104(g)), as amended by pursuant to a referral under paragraph (1) or tractor’’ means a recipient of a contract at section 3, and is in compliance with that otherwise, shall promptly initiate an inves- any tier under a grant, contract, or coopera- plan; tigation of the matter. In the event that an tive agreement. (2) the recipient has implemented proce- Inspector General does not initiate an inves- (4) SUBGRANTEE.—The term ‘‘subgrantee’’ dures to prevent any activities described in tigation, the Inspector General shall provide means a recipient of a grant at any tier such section 106(g) and to monitor, detect, an explanation for the decision not to inves- under a grant or cooperative agreement. and terminate any subcontractor, sub- tigate. (5) UNITED STATES.—The term ‘‘United grantee, or employee of the recipient engag- (3) CRIMINAL INVESTIGATION.—If the matter States’’ has the meaning provided in section ing in any activities described in such sec- is referred to the Department of Justice for 103(12) of the Trafficking Victims Protection tion; and criminal prosecution, the Inspector General Act of 2000 (22 U.S.C. 7102(12)). (3) to the best of the representative’s may suspend any investigation under this SEC. 893. CONTRACTING REQUIREMENTS. knowledge, neither the recipient, nor any subsection pending the outcome of the crimi- (a) IN GENERAL.—Section 106(g) of the Traf- subcontractor or subgrantee of the recipient nal prosecution. If the criminal investiga- ficking Victims Protection Act of 2000 (22 or any agent of the recipient or of such a tion results in an indictment of the recipient

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7515 of a contract, grant, or cooperative agree- violation, as a mitigating factor in deter- owned or controlled by the United States ment; any subgrantee or subcontractor of mining which remedies, if any, should apply. Government, by means of materially false or the recipient; or any agent of the recipient (4) AGGRAVATING FACTOR.—Where applica- fraudulent pretenses, representations, or or of a subgrantee or subcontractor, the In- ble, the head of an executive agency may promises regarding that employment, shall spector General shall notify the head of the consider the failure of a contractor or grant- be fined under this title or imprisoned for executive agency that awarded the contract, ee to abate an alleged violation or enforce not more than 5 years, or both.’’. grant, or cooperative agreement of the in- the requirements of a compliance plan when (b) SPECIAL RULE FOR ALIEN VICTIMS.—No dictment. If the criminal investigation redirected by a contracting officer pursuant to alien may be admitted to the United States sults in a decision not to prosecute, the In- subsection (a)(1) as an aggravating factor in pursuant to subparagraph (U) of section spector General shall resume any investiga- determining which remedies, if any, should 101(a)(15) of the Immigration and Nationality tion that was suspended pursuant to this apply. Act (8 U.S.C. 1101(a)(15)) as a result of the paragraph. (d) INCLUSION OF REPORT CONCLUSIONS IN alien being a victim of a crime described in (b) REPORT AND DETERMINATION.— FAPIIS.— subsection (b) of section 1351 of title 18, (1) REPORT.—Upon completion of an inves- (1) IN GENERAL.—The head of an executive United States Code, as added by subsection tigation under subsection (a), the Inspector agency shall ensure that any written deter- (a). General shall submit a report on the inves- mination under subsection (b) is included in SEC. 898. IMPROVING DEPARTMENT OF DEFENSE tigation, including conclusions about wheth- the Federal Awardee Performance and Integ- ACCOUNTABILITY FOR REPORTING er the recipient of a grant, contract, or coop- TRAFFICKING IN PERSONS CLAIMS rity Information System (FAPIIS). AND VIOLATIONS. erative agreement; any subcontractor or sub- (2) AMENDMENT TO TITLE 41, UNITED STATES grantee of the recipient; or any agent of the Section 105(d)(7)(H) of the Trafficking Vic- CODE.—Section 2313(c)(1)(E) of title 41, United tims Protection Act of 2000 (22 U.S.C. recipient or of such a subcontractor or sub- States Code, is amended to read as follows: 7103(d)(7)(H)) is amended— grantee, engaged in any of the activities de- ‘‘(E) In an administrative proceeding— (1) in clause (ii), by striking ‘‘and’’ at the scribed in section 106(g) of the Trafficking ‘‘(i) a final determination of contractor Victims Protection Act of 2000 (22 U.S.C. end; fault by the Secretary of Defense pursuant (2) by redesignating clause (iii) as clause 7104(g)), as amended by section 893, to the to section 823(d) of the National Defense Au- head of the executive agency that awarded (iv); thorization Act for Fiscal Year 2010 (10 (3) by inserting after clause (ii) the fol- the contract, grant, or cooperative agree- U.S.C. 2302 note; Public Law 111–84); or ment. lowing new clause: ‘‘(ii) a final determination, pursuant to ‘‘(iii) all known trafficking in persons (2) DETERMINATION.—Upon receipt of an In- section 895(b)(2) of the End Trafficking in spector General’s report pursuant to para- cases reported to the Under Secretary of De- Government Contracting Act of 2012, that fense for Personnel and Readiness;’’; graph (1), the head of the executive agency the contractor, a subcontractor, or an agent shall make a written determination whether (4) in clause (iv), as redesignated by para- of the contractor or subcontractor engaged graph (2), by inserting ‘‘and’’ at the end after the recipient of a contract, grant, or cooper- in any of the activities described in section ative agreement; any subgrantee or subcon- the semicolon; and 106(g) of the Trafficking Victims Protection (5) by adding at the end the following new tractor of the recipient; or any agent of the Act of 2000 (22 U.S.C. 7104(g)).’’. recipient or of a subgrantee or subcon- clause: SEC. 896. NOTIFICATION TO INSPECTORS GEN- ‘‘(v) all trafficking in persons activities of tractor, engaged in any of the activities de- ERAL AND COOPERATION WITH GOV- scribed in section 106(g) of the Trafficking contractors reported to the Under Secretary ERNMENT. of Defense for Acquisition, Technology, and Victims Protection Act of 2000 (22 U.S.C. (a) IN GENERAL.—The head of an executive Logistics;’’. 7104(g)), as amended by section 893. agency making or awarding a grant, con- (c) REMEDIAL ACTIONS.— tract, or cooperative agreement shall require SEC. 899. RULES OF CONSTRUCTION. (a) LIABILITY.—Excluding section 897, noth- (1) IN GENERAL.—If the head of an executive that the recipient of the grant, contract, or ing in this subtitle shall be construed to su- agency determines pursuant to subsection cooperative agreement— (b)(2) that the recipient of a contract, grant, persede, enlarge, or diminish the common (1) immediately inform the Inspector Gen- or cooperative agreement; any subgrantee or law or statutory liabilities of any grantee, eral of the executive agency of any informa- subcontractor of the recipient; or any agent subgrantee, contractor, subcontractor, or tion it receives from any source that alleges of the recipient or of a subgrantee or subcon- other party covered by section 106(g) of the credible information that the recipient; any tractor, engaged in any of the activities de- Trafficking Victims Protection Act of 2000 subcontractor or subgrantee of the recipient; scribed in section 106(g) of the Trafficking (22 U.S.C. 7104(g)), as amended by section 893. or any agent of the recipient or of such a Victims Protection Act of 2000 (22 U.S.C. (b) AUTHORITY OF DEPARTMENT OF JUS- subcontractor or subgrantee, has engaged in 7104(g)), as amended by section 893, or is no- TICE.—Nothing in this subtitle shall be con- conduct described in section 106(g) of the tified of an indictment for an offense under strued as diminishing or otherwise modi- Trafficking in Victims Protection Act of 2000 subsection (a)(3), the head of agency shall fying the authority of the Attorney General (22 U.S.C. 7104(g)), as amended by section 3 of consider taking one or more of the following to investigate activities covered by this sub- this Act; and remedial actions: title. (2) fully cooperate with any Federal agen- (c) PROSPECTIVE EFFECT.—Nothing in this (A) Requiring the recipient to remove an cies responsible for audits, investigations, or subtitle, or the amendments made by this employee from the performance of work corrective actions relating to trafficking in subtitle, shall be construed to apply to a under the grant, contract, or cooperative persons. contract or grant entered into or renewed be- agreement. (b) EFFECTIVE DATE.—The amendment fore the date of the enactment of this sub- (B) Requiring the recipient to terminate a made by subsection (a) shall take effect 90 title. subcontract or subgrant. days after the date of the enactment of this TITLE IX—DEPARTMENT OF DEFENSE (C) Suspending payments under the grant, Act. contract, or cooperative agreement until ORGANIZATION AND MANAGEMENT SEC. 897. EXPANSION OF FRAUD IN FOREIGN such time as the recipient of the grant, con- Subtitle A—Department of Defense LABOR CONTRACTING TO INCLUDE Management tract, or cooperative agreement has taken ATTEMPTED FRAUD AND WORK OUT- appropriate remedial action. SIDE THE UNITED STATES. SEC. 901. DEFINITION AND REPORT ON TERMS (D) Withholding award fees, consistent (a) IN GENERAL.—Section 1351 of title 18, ‘‘PREPARATION OF THE ENVIRON- with the award fee plan, for the performance United States Code, is amended— MENT’’ AND ‘‘OPERATIONAL PREPA- RATION OF THE ENVIRONMENT’’ period in which the agency determined the (1) by striking ‘‘Whoever knowingly and FOR JOINT DOCTRINE PURPOSES. contractor or subcontractor engaged in any with the intent to defraud recruits, solicits (a) DEFINITIONS REQUIRED.—Not later than of the activities described in such section or hires a person outside the United States’’ 90 days after the date of the enactment of 106(g). and inserting ‘‘(a) WORK INSIDE THE UNITED this Act, the Secretary of Defense shall de- (E) Declining to exercise available options STATES.—Whoever knowingly and with the fine for purposes of joint doctrine the fol- under the contract. intent to defraud recruits, solicits, or hires a lowing terms: (F) Terminating the contract for default or person outside the United States, or at- (1) The term ‘‘preparation of the environ- cause, in accordance with the termination tempts to do so,’’; and ment’’. clause for the contract. (2) by adding at the end the following new (2) The term ‘‘operational preparation of (G) Referring the matter to the agency sus- subsection: the environment’’. pension and debarment official. ‘‘(b) WORK OUTSIDE THE UNITED STATES.— (b) REPORT REQUIRED.—Not later than 180 (2) SAVINGS CLAUSE.—Nothing in this sub- Whoever knowingly and with intent to de- days after the date of the enactment of this section shall be construed as limiting the fraud recruits, solicits, or hires a person out- Act, the Secretary shall submit to the Com- scope of applicable remedies available to the side the United States, or attempts to do so, mittees on Armed Services of the Senate and Federal Government. for purposes of employment performed on a the House of Representatives a report on the (3) MITIGATING FACTOR.—Where applicable, United States Government contract per- terms defined under subsection (a). The re- the head of an executive agency may con- formed outside the United States, or on a port shall include the following: sider whether the contractor or grantee had United States military installation or mis- (1) The definition of the term ‘‘preparation a plan in place under section 894, and was in sion outside the United States or other prop- of the environment’’ pursuant to subsection compliance with that plan at the time of the erty or premises outside the United States (a).

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7516 CONGRESSIONAL RECORD — SENATE December 5, 2012 (2) Examples of activities meeting the defi- ‘‘(2) Any individual nominated for appointment Officer of the Department of Defense, nition of the term ‘‘preparation of the envi- ment as Chief Management Officer shall be the Secretaries of the military departments, ronment’’ by special operations forces and an individual who has— the Under Secretaries of Defense, and the Di- general purpose forces. ‘‘(A) extensive executive level leadership rector of Defense Research and Engineer- (3) The definition of the term ‘‘operational and management experience in the public or ing.’’. preparation of the environment’’ pursuant to private sector; (C) CLERICAL AMENDMENT.—The table of subsection (a). ‘‘(B) strong leadership skills; sections at the beginning of chapter 4 of such (4) Examples of activities meeting the defi- ‘‘(C) a demonstrated ability to manage title is amended by striking the item relat- nition of the term ‘‘operational preparation large and complex organizations; and ing to section 132a and inserting the fol- of the environment’’ by special operations ‘‘(D) a proven record in achieving positive lowing new item: forces and general purpose forces. operational results. ‘‘132a. Chief Management Officer.’’. (5) An assessment of the appropriate roles ‘‘(b) POWERS AND DUTIES.—The Chief Man- (D) EXECUTIVE SCHEDULE.—Section 5313 of of special operations forces and general pur- agement Officer shall perform such duties title 5, United States Code, is amended by pose forces in conducting activities meeting and exercise such powers as the Secretary of adding at the end the following: the definition of the term ‘‘preparation of Defense may prescribe. ‘‘Chief Management Officer of the Depart- the environment’’ and the definition of the ‘‘(c) SERVICE AS CHIEF MANAGEMENT OFFI- ment of Defense.’’. CER.—(1) The Chief Management Officer is term ‘‘operational preparation of the envi- (E) REFERENCE IN LAW.—Any reference in the Chief Management Officer of the Depart- ronment’’. any provision of law to the Chief Manage- ment of Defense. SEC. 902. EXPANSION OF DUTIES AND RESPON- ‘‘(2) In serving as the Chief Management ment Officer of the Department of Defense SIBILITIES OF THE NUCLEAR WEAP- shall be deemed to refer to the Chief Man- ONS COUNCIL. Officer of the Department of Defense, the Chief Management Officer shall be respon- agement Officer of the Department of De- (a) GUIDANCE ON NUCLEAR COMMAND, CON- sible for the management and administra- fense under section 132a of title 10, United TROL, AND COMMUNICATIONS SYSTEMS.—Sub- tion of the Department of Defense with re- States Code (as amended by this paragraph). section (d) of section 179 of title 10, United spect to the following: (2) JURISDICTION OF DFAS.— States Code, is amended— ‘‘(A) The expenditure of funds, accounting, (A) TRANSFER TO DEPARTMENT OF THE (1) by redesignating paragraph (10) as para- and finance. TREASURY.—Jurisdiction of the Defense Fi- graph (11); and ‘‘(B) Procurement, including procurement nance and Accounting Service (DFAS) is (2) by inserting after paragraph (9) the fol- of any enterprise resource planning (ERP) transferred from the Department of Defense lowing new paragraph (10): system and any information technology (IT) to the Department of the Treasury. ‘‘(10) Providing programmatic guidance on system that is a financial feeder system, (B) ADMINISTRATION.—The Secretary of the nuclear command, control and communica- human resources system, or logistics system. Treasury shall administer the Defense Fi- tions systems.’’. ‘‘(C) Facilities, property, nonmilitary nance and Accounting Service following (b) BUDGET AND FUNDING MATTERS.—Such equipment, and other resources. transfer under this paragraph through the section is further amended— ‘‘(D) Strategic planning, and annual per- Financial Management Service of the De- (1) by redesignating subsection (f) as sub- formance planning, and identification and partment of the Treasury. section (g); and tracking of performance measures. (C) MEMORANDUM OF UNDERSTANDING.—The (2) by inserting after subsection (e) the fol- ‘‘(E) Internal audits and management anal- Secretary of Defense and the Secretary of lowing new subsection (f): yses of the programs and activities of the the Treasury shall jointly enter into a ‘‘(f) BUDGET AND FUNDING MATTERS.—(1) Department, including the Defense Contract memorandum of understanding regarding the The Council shall submit to Congress each Audit Agency. transfer of jurisdiction of the Defense Fi- year, at the same time the budget of the ‘‘(F) Such other areas or matters as the nance and Accounting Service under this President for the fiscal year beginning in Secretary of Defense may designate. paragraph. The memorandum of under- such year is submitted to Congress pursuant ‘‘(3) The head of the Defense Contract standing shall provide for the transfer of the to section 1105(a) of title 31, a certification Audit Agency shall be under the supervision personnel and other resources of the Service whether or not the amounts requested for of, and shall report directly to, the Chief to the Department of the Treasury and for the National Nuclear Security Administra- Management Officer. the assumption of responsibility for such tion in such budget, and anticipated over the ‘‘(d) PRECEDENCE.—The Chief Management personnel and resources by the Department four fiscal years following such budget, Officer takes precedence in the Department of the Treasury. meets nuclear stockpile and stockpile stew- of Defense after the Secretary of Defense and (D) CONSTRUCTION.—Nothing in this para- ardship program requirements for such fiscal the Deputy Secretary of Defense.’’. graph shall be construed as terminating, al- year and over such four fiscal years. If a (B) CONFORMING AMENDMENTS.— tering, or revising any responsibilities or au- member of the Council does not concur in a (i) Section 131(b) of title 10, United States thorities of the Defense Finance and Ac- certification, the certification shall include Code, is amended— counting Service (other than responsibilities the reasons for the member’s non-concur- (I) by striking paragraph (3); and authorities in connection with the exer- rence. (II) by redesignating paragraph (2) as para- cise of jurisdiction of the Service following ‘‘(2) If a House of Congress adopts a bill au- graph (3); and transfer under this paragraph). thorizing or appropriating funds for the Na- (III) by inserting after paragraph (1) the SEC. 904. INFORMATION FOR DEPUTY CHIEF tional Nuclear Security Administration for following new paragraph (2): MANAGEMENT OFFICER OF THE DE- nuclear stockpile and stockpile stewardship ‘‘(2) The Chief Management Officer of the PARTMENT OF DEFENSE FROM THE program activities or other activities that, Department of Defense.’’. MILITARY DEPARTMENTS AND DE- FENSE AGENCIES FOR DEFENSE as determined by the Council, provides insuf- (ii) Section 132 of such title is amended— ficient funds for such activities for the pe- BUSINESS SYSTEM INVESTMENT RE- (I) by striking subsection (c); and VIEWS. riod covered by such bill, the Council shall (II) by redesignating subsections (d) and (e) Section 2222(g) of title 10, United States notify the congressional defense committees as subsections (c) and (d), respectively. Code, is amended by adding at the end the of the determination.’’. (iii) Section 133(e)(1) of such title is amend- following new paragraph: SEC. 903. FAILURE OF THE DEPARTMENT OF DE- ed by striking ‘‘and the Deputy Secretary of ‘‘(3)(A) The investment management proc- FENSE TO OBTAIN AUDITS WITH AN Defense’’ and inserting ‘‘, the Deputy Sec- ess required by paragraph (1) shall include UNQUALIFIED OPINION ON ITS FI- retary of Defense, and the Chief Management requirements for the military departments NANCIAL STATEMENTS BY FISCAL Officer of the Department of Defense’’. YEAR 2017. and the Defense Agencies to submit to the (iv) Such title is further amended by in- Deputy Chief Management Officer such in- If the Department of Defense fails to ob- serting ‘‘the Chief Management Officer of formation on covered defense business sys- tain an audit with an unqualified opinion on the Department of Defense,’’ after ‘‘the Dep- tem programs as the Deputy Chief Manage- its financial statements for fiscal year 2017, uty Secretary of Defense,’’ each place it ap- ment Officer shall require for the review of the following shall take effect, effective as of pears in the provisions as follows: defense business system programs under the the date of the issuance of the opinion on (I) Section 133(e)(2). process. Such information shall be submitted such audit: (II) Section 134(c). to the Deputy Chief Management Officer in a (1) REORGANIZATION OF RESPONSIBILITIES OF (v) Section 137a(d) of such title is amended standardized format established by the Dep- CHIEF MANAGEMENT OFFICER.— by striking ‘‘the Secretaries of the military uty Chief Management Officer for purposes (A) POSITION OF CHIEF MANAGEMENT OFFI- departments,’’ and all that follows and in- of this paragraph.’’ CER.—Section 132a of title 10, United States serting ‘‘the Chief Management Officer of Code, is amended to read as follows: Subtitle B—Space Activities the Department of Defense, the Secretaries SEC. 911. OPERATIONALLY RESPONSIVE SPACE ‘‘§ 132a. Chief Management Officer of the military departments, and the Under PROGRAM OFFICE. ‘‘(a) IN GENERAL.—(1) There is a Chief Man- Secretaries of Defense.’’. (a) IN GENERAL.—Subsection (a) of section agement Officer of the Department of De- (vi) Section 138(d) of such title is amended 2273a of title 10, United States Code, is fense, appointed from civilian life by the by striking ‘‘the Secretaries of the military amended to read as follows: President, by and with the advice and con- departments,’’ and all that follows through ‘‘(a) IN GENERAL.—There is within the Air sent of the Senate. the period and inserting ‘‘the Chief Manage- Force Space and Missile Systems Center of

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the Department of Defense an office known (5) PROGRAM PLAN.—Not later than Decem- or equipment contributed pursuant to the as the Operationally Responsive Space Pro- ber 31, 2012, the Secretary shall submit to the contract or other agreement; and gram Office (in this section referred to as the congressional defense committees a report ‘‘(B) shall include a provision that the cov- ‘Office’). The facilities of the Office may not setting forth a program plan for higher pri- ered entity will not recover the costs of its be co-located with the headquarters facili- ority programs described in paragraph (1). contribution through any other contract or ties of the Air Force Space and Missile Sys- SEC. 912. COMMERCIAL SPACE LAUNCH CO- agreement with the United States. tems Center.’’. OPERATION. ‘‘(d) DEFENSE COOPERATION SPACE LAUNCH (b) HEAD OF OFFICE.—Subsection (b) of such (a) IN GENERAL.—Chapter 135 of title 10, ACCOUNT.—(1) There is established on the section is amended by striking ‘‘shall be—’’ United States Code, is amended by adding at books of the Treasury a special account to be and all that follows and inserting ‘‘the des- the end the following new section: known as the ‘Defense Cooperation Space ignee of the Department of Defense Execu- ‘‘§ 2275. Commercial space launch coopera- Launch Account’. tive Agent for Space. The head of the Office tion ‘‘(2) Funds received by the Secretary of De- shall report to the Commander of the Air ‘‘(a) AUTHORITY.—The Secretary of Defense fense under subsection (c) shall be credited Force Space and Missile Systems Center.’’. may, to assist the Secretary of Transpor- to the Defense Cooperation Space Launch (c) MISSION.—Subsection (c)(1) of such sec- tation in carrying out responsibilities set Account. tion is amended by striking ‘‘spacelift’’ and forth in title 51 with respect to private sec- ‘‘(3) Amounts in the Department Defense inserting ‘‘launch’’. tor involvement in commercial space activi- Cooperation Space Launch Account shall be (d) SENIOR ACQUISITION EXECUTIVE.—Para- ties and public-private partnerships per- available, to the extent provided in appro- graph (1) of subsection (e) of such section is taining to space transportation infrastruc- priation Acts, for costs incurred by the De- amended to read as follows: ture, take the following actions: partment of Defense under subsection (c). ‘‘(1) The Program Executive Officer (PEO) ‘‘(1) Maximize the use by the private sector Funds in the Account shall remain available for Space shall be the Acquisition Executive in the United States of the capacity of the until expended. of the Office and shall provide streamlined space transportation infrastructure of the ‘‘(e) ANNUAL REPORT.—Not later than Jan- acquisition authorities for projects of the Of- Department of Defense. uary 31 each year, the Secretary of Defense fice.’’. ‘‘(2) Maximize the effectiveness and effi- shall submit to the congressional defense (e) EXECUTIVE COMMITTEE.—Such section is ciency of the space transportation infra- committees a report on the funds, services, further amended by adding at the end the structure of the Department. and equipment accepted and used by the Sec- following new subsection: ‘‘(3) Reduce the cost of services provided by retary under this section during the previous ‘‘(g) EXECUTIVE COMMITTEE.—(1) The Sec- the Department related to space transpor- fiscal year. retary of Defense shall establish for the Of- tation infrastructure at launch support fa- ‘‘(f) REGULATIONS.—The Secretary of De- fice an Executive Committee (to be known as cilities and space recovery support facilities. fense shall prescribe regulations to carry out the ‘Operationally Responsive Space Execu- ‘‘(4) Encourage commercial space activities this section. tive Committee’) to provide coordination, ‘‘(g) DEFINITIONS.—In this section: by enabling investment by covered entities oversight, and approval of projects of the Of- ‘‘(1) COVERED ENTITY.—The term ‘covered in the space transportation infrastructure of fice. entity’ means a non-Federal entity that— the Department. ‘‘(2) The Executive Committee shall con- ‘‘(A) is organized under the laws of the ‘‘(5) Foster cooperation between the De- sist of the officials (and their duties) as fol- United States or of any jurisdiction within partment and covered entities. lows: the United States; and ‘‘(b) AUTHORITY FOR CONTRACTS AND OTHER ‘‘(A) The Department of Defense Executive AGREEMENTS RELATING TO SPACE TRANSPOR- ‘‘(B) is engaged in commercial space activi- Agent for Space, who shall serve as Chair of TATION INFRASTRUCTURE.—The Secretary of ties. the Executive Committee and provide over- Defense— ‘‘(2) LAUNCH SUPPORT FACILITIES.—The sight, prioritization, coordination, and re- ‘‘(1) may enter into a contract or other term ‘launch support facilities’ has the sources for the Office. agreement with a covered entity to provide meaning given that term in section 50501(7) ‘‘(B) The Under Secretary of Defense for to the covered entity support and services of title 51. Acquisition, Technology, and Logistics, who related to the space transportation infra- ‘‘(3) SPACE RECOVERY SUPPORT FACILITIES.— shall provide coordination and oversight of structure of the Department of Defense; and The term ‘space recovery support facilities’ the Office and recommend funding sources ‘‘(2) upon the request of that covered enti- has the meaning given that term in section for programs of the Office that exceed the ty, may include such support and services in 50501(11) of title 51. approved program baseline. the space launch and reentry range support ‘‘(4) SPACE TRANSPORTATION INFRASTRUC- ‘‘(C) The Commander of the United States requirements of the Department if— TURE.—The term ‘space transportation infra- Strategic Command, who shall validate re- ‘‘(A) the Secretary determines that the in- structure’ has the meaning given that term quirements for systems to be acquired by the clusion of such support and services in such in section 50501(12) of title 51.’’. Office and participate in approval of any ac- requirements— (b) CLERICAL AMENDMENT.—The table of quisition program initiated by the Office. ‘‘(i) is in the best interest of the Federal sections at the beginning of chapter 135 of ‘‘(D) The Commander of the Air Force Government; such title is amended by adding at the end Space Command, who shall organize, train, ‘‘(ii) does not interfere with the require- the following new item: and equip forces to support the acquisition ments of the Department; and ‘‘2275. Commercial space launch coopera- programs of the Office. ‘‘(iii) does not compete with the commer- tion.’’. ‘‘(E) Such other officials (and their duties) cial space activities of other covered enti- SEC. 913. REPORTS ON INTEGRATION OF ACQUI- as the Secretary of Defense considers appro- ties, unless that competition is in the na- SITION AND CAPABILITY DELIVERY priate.’’. tional security interests of the United SCHEDULES FOR COMPONENTS FOR (f) TRANSFER OF FISCAL YEAR 2012 FUNDS.— MAJOR SATELLITE ACQUISITION States; and (1) IN GENERAL.—To the extent provided in PROGRAMS AND FUNDING FOR ‘‘(B) any commercial requirement included appropriations Acts, the Secretary of the Air SUCH PROGRAMS. in that contract or other agreement has full Force may transfer from the funds described (a) IN GENERAL.—Chapter 135 of title 10, non-Federal funding before the execution of in paragraph (2), $60,000,000 to other, higher United States Code, as amended by section the contract or other agreement. priority programs of the Air Force. 912 of this Act, is further amended by adding ‘‘(c) CONTRIBUTIONS.—(1) The Secretary of at the end the following new section: (2) COVERED FUNDS.—The funds described in Defense may enter into contracts or other this paragraph are amounts authorized to be agreements with covered entities on a coop- ‘‘§ 2276. Reports on integration of acquisition appropriated for fiscal year 2012 by section erative and voluntary basis to accept con- and capability delivery schedules for com- 201 of the National Defense Authorization tributions of funds, services, and equipment ponents for major satellite acquisition pro- Act for Fiscal Year 2012 (Public Law 112–81; to carry out this section. grams and funding for such programs 125 Stat. 1329) and available for Research, ‘‘(2) Any funds, services, or equipment ac- ‘‘(a) REPORTS REQUIRED.—The Under Sec- Development, Test, and Evaluation, Air cepted by the Secretary under this sub- retary of Defense for Acquisition, Tech- Force, for the Weather Satellite Follow On section— nology, and Logistics shall submit to the Program as specified in the funding table in ‘‘(A) may be used only for the objectives congressional defense committees a report section 4201 of that Act. specified in this section in accordance with on each major satellite acquisition program (3) EFFECT ON AUTHORIZATION AMOUNTS.—A terms of use set forth in the contract or in accordance with subsection (d) that as- transfer made from one account to another other agreement entered into under this sub- sesses— under the authority of this subsection shall section; and ‘‘(1) the integration of the schedules for be deemed to increase the amount authorized ‘‘(B) shall be managed by the Secretary in the acquisition and the delivery of the capa- for the account to which the amount is accordance with regulations of the Depart- bilities of the components for the program; transferred by an amount equal to the ment of Defense. and amount transferred. ‘‘(3) A contract or other agreement entered ‘‘(2) funding for the program. (4) CONSTRUCTION OF AUTHORITY.—The into under this subsection with a covered en- ‘‘(b) ELEMENTS.—Each report required by transfer authority in this subsection is in ad- tity— subsection (a) with respect to a major sat- dition to any other transfer authority pro- ‘‘(A) shall address the terms of use, owner- ellite acquisition program shall include the vided in this Act. ship, and disposition of the funds, services, following:

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‘‘(1) The amount of funding approved for (b) CLERICAL AMENDMENT.—The table of (i) The effectiveness of analyst tools, user the program and for each related program sections at the beginning of chapter 135 of interfaces, and data visualization in sup- that is necessary for the operational capa- such title, as so amended, is further amended porting analyst missions and requirements. bility of the program. by adding at the end the following new item: (ii) Training requirements for analysts. ‘‘(2) The dates by which the program is an- ‘‘2276. Reports on integration of acquisition (iii) Ease of use for analysts. ticipated to reach initial and full operational and capability delivery sched- (iv) Rates of progress in developing analyst capability. ules for components for major tools and linking tools for standard ‘‘(3) An assessment of the extent to which satellite acquisition programs workflows. the schedules for the acquisition and the de- and funding for such pro- (B) An assessment of the soundness of the livery of the capabilities of the components grams.’’. past decisions of the Army, and the future for the program or any related program re- SEC. 914. DEPARTMENT OF DEFENSE REPRESEN- plans of the Army, for acquiring and inte- ferred to in paragraph (1) are integrated. TATION IN DISPUTE RESOLUTION grating analyst tools, user interfaces, and ‘‘(4) If the Under Secretary determines pur- REGARDING SURRENDER OF DE- data visualization capabilities through gov- suant to the assessment under paragraph (3) PARTMENT OF DEFENSE BANDS OF ernment-sponsored custom development, that the schedules for the acquisition and ELECTROMAGNETIC FREQUENCIES. leasing of commercial solutions, and govern- the delivery of the capabilities of the compo- Section 1062(b)(1) of the National Defense ment open source development. nents for the program, or a related program Authorization Act for Fiscal Year 2000 (Pub- (C) Such recommendations regarding the referred to in paragraph (1), provide for the lic Law 106–65; 113 Stat. 768; 47 U.S.C. 921 program as the Chief Information Officer note) is amended— acquisition or the delivery of the capabilities considers appropriate in light of the review (1) in subparagraph (A), by striking ‘‘and’’ of at least two of the three components for under this subsection. the program or related program more than at the end; SEC. 923. RATIONALIZATION OF CYBER NET- one year apart, an identification of— (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; and’’; and WORKS AND CYBER PERSONNEL OF ‘‘(A) the measures the Under Secretary is THE DEPARTMENT OF DEFENSE. taking or is planning to take to improve the (3) by adding at the end the following new (a) IN GENERAL.—The Secretary of Defense integration of those schedules; and subparagraph: shall take appropriate actions to substan- ‘‘(B) the risks and challenges that impede ‘‘(C) in the event of any dispute resolution tially reduce the number of sub-networks the ability of the Department of Defense to process involving the surrender of use of and network enclaves across the Department fully integrate those schedules. such band, the Department of Defense has of Defense, and the associated security and ‘‘(c) CONSIDERATION BY MILESTONE DECISION adequate representation to convey its AUTHORITY.—The Milestone Decision Author- views.’’. access management controls, in order to ity shall include the report required by sub- achieve the following objectives for the De- Subtitle C—Intelligence-Related and Cyber partment: section (a) with respect to a major satellite Matters acquisition program as part of the docu- (1) Visibility for the United States Cyber SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL mentation used to approve the acquisition of Command in the operational and security INTELLIGENCE SUPPORT TO SECU- status of all networks, network equipment, the program. RITY ALLIANCES AND INTER- ‘‘(d) SUBMITTAL OF REPORTS.—(1) In the NATIONAL AND REGIONAL ORGANI- and computers. case of a major satellite acquisition program ZATIONS. (2) Elimination of redundant network secu- initiated before the date of the enactment of (a) EXTENSION OF AUTHORITY TO SECURITY rity infrastructure and personnel. the National Defense Authorization Act for ALLIANCES AND INTERNATIONAL AND REGIONAL (3) Rationalization and consolidation of Fiscal Year 2013, the Under Secretary shall ORGANIZATIONS.—Section 443(a) of title 10, cyber attack detection, diagnosis, and re- submit the report required by subsection (a) United States Code, is amended by inserting sponse resources, and elimination of gaps in with respect to the program not later than ‘‘, regional organizations with defense or se- security coverage. one year after such date of enactment. curity components, and international orga- (4) Reduction of barriers to information ‘‘(2) In the case of a major satellite acquisi- nizations and security alliances of which the sharing and enhancement of the capacity to tion program initiated on or after the date of United States is a member’’ after ‘‘foreign rapidly create collaborative communities of the enactment of the National Defense Au- countries’’. interest. thorization Act for Fiscal Year 2013, the (b) CONFORMING AND CLERICAL AMEND- (5) Enhancement of access to information Under Secretary shall submit the report re- MENTS.— through authentication-based and identity- quired by subsection (a) with respect to the (1) HEADING AMENDMENT.—The heading of based access controls. program at the time of the Milestone B ap- section 443 of such title is amended to read (6) Enhancement of the capacity to deploy, proval of the program. as follows: and achieve access to, enterprise-level serv- ‘‘(e) NOTIFICATION TO CONGRESS OF NON-IN- ‘‘§ 443. Imagery intelligence and geospatial in- ices. TEGRATED ACQUISITION AND CAPABILITY DE- formation: support for foreign countries, (7) Separation of server and end-user de- LIVERY SCHEDULES.—If, after submitting the security alliances, and international and vice computing to facilitate server and data report required by subsection (a) with re- center consolidation and a more secure spect to a major satellite acquisition pro- regional organizations’’. tiered and zoned network architecture. gram, the Under Secretary determines that (2) TABLE OF SECTIONS.—The table of sec- the schedules for the acquisition and the de- tions at the beginning of subchapter I of (b) PERSONNEL PLAN.— livery of the capabilities of the components chapter 22 of such title is amended by strik- (1) IN GENERAL.—As part of the actions for the program, or a related program re- ing the item relating to section 443 and in- taken under subsection (a), the Secretary ferred to in subsection (b)(1), provide for the serting the following new item: shall establish and carry out a plan to reas- acquisition or the delivery of the capabilities ‘‘443. Imagery intelligence and geospatial in- sign personnel billets currently allocated to of at least two of the three components for formation: support for foreign network operations and security that will the program or related program more than countries, security alliances, become available pursuant to the reduction one year apart, the Under Secretary shall, and international and regional in network enclaves required by that sub- not later than 30 days after making that de- organizations.’’. section to tasks related to potential offensive cyber operations in order to achieve an termination, submit to the congressional de- SEC. 922. ARMY DISTRIBUTED COMMON GROUND fense committees a report— SYSTEM. appropriate balance between the offensive ‘‘(1) notifying the committees of that de- (a) ASSIGNMENT OF RESPONSIBILITY FOR and defensive missions of the United States termination; and OVERSIGHT.—The Secretary of the Army Cyber Command and its components. The ‘‘(2) identifying the measures the Under shall assign responsibility for oversight of plan shall include targets for the number of Secretary is taking or is planning to take to the development, acquisition, testing, and personnel to be reassigned to tasks related improve the integration of those schedules. fielding of the Distributed Common Ground to offensive operations, and the rate at ‘‘(f) DEFINITIONS.—In this section: System (DCGS) cloud computing program of which such personnel shall be added to the ‘‘(1) COMPONENTS.—The term ‘components’, the Army to the Chief Information Officer of workforce for such tasks. with respect to a major satellite acquisition the Army ((CIO)/G–6). (2) DISPOSITION OF PERSONNEL.—In devel- program, refers to any satellites acquired (b) REVIEW OF PROGRAM.— oping the plan required by paragraph (1), the under the program and the ground equip- (1) IN GENERAL.—Not later than December Secretary shall— ment and user terminals necessary for the 1, 2012, the Chief Information Officer shall (A) determine whether the number of per- operation of those satellites. submit to the Secretary a report on a review sonnel required to be reassigned to tasks re- ‘‘(2) MAJOR SATELLITE ACQUISITION PRO- of the Distributed Common Ground System lated to offensive operations in order to GRAM.—The term ‘major satellite acquisition cloud computing program of the Army con- achieve the balance described in paragraph program’ means a major defense acquisition ducted by the Chief Information Officer for (1) will be met, in pace and numbers, through program (as defined in section 2430 of this purposes of this section. the reassignment of personnel billets pursu- title) for the acquisition of a satellite. (2) ELEMENTS.—The report shall include ant to the plan; and ‘‘(3) MILESTONE B APPROVAL.—The term the following: (B) if the Secretary determines that the ‘Milestone B approval’ has the meaning (A) An assessment of the program in com- number of personnel so required will not be given that term in section 2366(e)(7) of this parison with commercial products, if appli- so met (whether because of insufficient num- title.’’. cable, with respect to each of the following: bers of personnel in billets to be reassigned

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WARE.—The Under Secretary of Defense for dertake tasks related to offensive oper- (2) To make appropriate use of authorized Acquisition, Technology, and Logistics shall, ations. software code assessment centers (whether a in coordination with the Chief Information (3) ADDITIONAL ELEMENTS.—In developing government center, Federally funded re- Officer of the Department of Defense, de- the plan required by paragraph (1), the Sec- search and development center, or govern- velop a comprehensive program for improve- retary shall also— ment contractor) to evaluate applications ments of the security, quality, and competi- (A) identify targets for the number of per- and software products for conformance to se- tion in the computer software procured by sonnel to be reassigned to tasks related to cure coding requirements. the Department of Defense for covered sys- offensive cyber operations, and the rate at tems (e) STUDY ON ADDITIONAL MEANS OF IM- which such personnel shall be added to the (b) UPDATE OF DEVELOPMENT AND ACQUISI- PROVING SOFTWARE SECURITY.— workforce for such tasks; and TION MODELS.— (1) IN GENERAL.—The Under Secretary (B) identify targets for use of National (1) IN GENERAL.—The Under Secretary of shall, in coordination with the Chief Infor- Guard personnel to support cyber workforce Defense for Acquisition, Technology, and Lo- mation Officer, provide for a study of poten- rationalization and the actions taken under gistics shall, in coordination with the Chief tial mechanisms for obtaining higher quality subsection (a). Information Officer, provide for the develop- and secure development of computer soft- (4) SUBMITTAL TO CONGRESS.—The Sec- ment of updates and improvements to one or ware for the Department. retary shall submit the plan required by more existing best-practice development and (2) MECHANISMS TO BE STUDIED.—The mech- paragraph (1) to the congressional defense acquisition models (such as the Capability anisms studied under paragraph (1) may in- committees at the time of the submittal to Maturity Model Integration) in order to pro- clude the following: Congress of the budget of the President for vide explicit guidance under such model or (A) Liability for defects or vulnerabilities fiscal year 2014 pursuant to section 1105(a) of models for improved assurance, security, in software code. title 31, United States Code. quality, and resiliency in the computer soft- (B) So-called ‘‘clawback’’ provisions on SEC. 924. NEXT-GENERATION HOST-BASED CYBER ware developed and procured by the Depart- earned fees that enable the Department to SECURITY SYSTEM FOR THE DE- recoup funds for security vulnerabilities dis- PARTMENT OF DEFENSE. ment. (2) ELEMENTS.—Any update or improve- covered after software is delivered. (a) STRATEGY FOR ACQUISITION OF SYSTEM REQUIRED.—The Chief Information Officer of ment to a development and acquisition (C) Exemption from liability for rigorous the Department of Defense shall, in coordi- model under this subsection shall— conformance with secure development proc- nation with the Under Secretary of Defense (A) include diagnostic methods that enable esses. for Acquisition, Technology, and Logistics, evaluations of conformance to the processes (D) Warranties against software defects develop a strategy to acquire next-genera- and best practices of the model for achieving and vulnerabilities. quality, assurance, and security throughout tion host-based cybersecurity tools and capa- (f) SOFTWARE REPOSITORIES AND COLLABO- the life cycle of software products concerned; bilities (in this section referred to as a RATIVE DEVELOPMENT ENVIRONMENTS.—The ‘‘next-generation system’’) for the Depart- and Under Secretary shall, in consultation with ment of Defense. (B) be compatible with the variety of cur- the Chief Information Officer— (b) ELEMENTS OF SYSTEM.—It is the sense rent agile and incremental software develop- (1) establish or require the use of one or of Congress that any next-generation system ment methodologies. more existing computer software reposi- (c) REQUIREMENTS FOR SECURE CODE DEVEL- acquired under the strategy required by sub- tories and collaborative computer software OPMENT PRACTICES.—The Under Secretary section (a) should meet the following redevelopment environments (such as shall, in coordination with the Chief Infor- quirements: Forge.mil managed by the Defense Informa- mation Officer— (1) To overcome problems and limitations tion Systems Agency) for covered systems (1) direct the Director of the Defense Infor- in current capabilities, the system should for purposes of— mation Systems Agency to modify the Appli- not rely on anti-virus or signature-based (A) storing software code owned by the cation Security and Development Security threat detection techniques that— government, or to which it has use rights, Technical Implementation Guide (STIG) to (A) cannot address new or rapidly together with all associated documentation require (rather than highly recommend) the morphing threats: and quality and security test results; use of automated static vulnerability anal- (B) consume substantial amounts of com- (B) minimizing duplicative investment in ysis tools in the computer software code de- munications capacity to remain current with software code development infrastructure velopment phase, and in development and known threats and to report current status; while promoting common, high-quality de- operational testing, to identify and reme- or velopment practices and facilitating sharing diate security vulnerabilities for covered (C) consume substantial amounts of re- of best practices; and systems; sources to store rapidly growing threat li- (C) promoting software re-use and competi- (2) develop a list of qualified government braries. tion for software capability insertion, up- and private-sector static analysis tools and (2) The system should provide an open ar- grades, and maintenance; third-party testing organizations to support chitecture-based framework for so-called (2) establish rules and procedures for de- the requirement under paragraph (1); ‘‘plug-and-play’’ integration of a variety of positors in the repositories and environ- (3) direct the Director— types of deployable tools in addition to cyber ments provided for under paragraph (1) to (A) to designate secure software coding intrusion detection tools, including tools keep the software code base current, if the standards; and for— depositors are not already using such a re- (B) to modify the Security Technical Im- (A) insider threat detection; pository or environment for software devel- plementation Guide to reference the ap- (B) continuous monitoring and configura- opment and life-cycle management; and proved standards; and tion management; (3) ensure that the repositories and envi- (4) develop guidance and direction for De- (C) remediation following infections; and ronments provided for under paragraph (1) partment program managers to require gov- (D) protection techniques that do not rely provide automated tools for software reverse ernment software development and mainte- on detection of the attack, such as engineering, functionality analysis, and stat- nance organizations and contractors to iden- virtualization, and diversification of attack ic and dynamic vulnerability analysis of tify and implement, through contract state- surfaces. source code and binary code in order to en- ments of work, a secure software coding plan (3) The system should be designed for ease able users to search for software relevant to that includes verifiable processes and prac- of deployment to potentially millions of host their requirements, understand what the tices. devices of tailored security solutions depend- code does and how it functions, and assess its (d) VERIFICATION OF EFFECTIVE IMPLEMEN- ing on need and risk, and to be compatible quality and security. with cloud-based, thin-client, and virtualized TATION.—The Under Secretary shall, in co- environments as well as battlefield devices ordination with the Chief Information Offi- (g) COVERED SYSTEMS DEFINED.—In this and weapons systems. cer, develop guidance and direction for De- section, the term ‘‘covered systems’’ means (c) SUBMITTAL TO CONGRESS.—The Chief In- partment program managers for covered sys- any Department of Defense critical informa- formation Office shall submit to Congress a tems to do as follows: tion systems and weapons systems, includ- report setting forth the strategy required by (1) To require evidence that government ing— subsection (a) together with the budget jus- software development and maintenance or- (1) major systems, as that term is defined tification materials of the Department of ganizations and contractors are conforming in section 2302(5) of title 10, United States Defense submitted to Congress with the in computer software coding to— Code; budget of the President for fiscal year 2015 (A) approved secure coding standards of (2) national security systems, as that term pursuant to section 1105(a) of title 31, United the Department during software develop- is defined in section 3542(b)(2) of title 44, States Code. ment, upgrade and maintenance activities, United States Code; and

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(3) Department of Defense information sys- (1) IN GENERAL.—Not later than January 1, SEC. 929. DEPARTMENT OF DEFENSE USE OF NA- tems categorized as Mission Assurance Cat- 2013, the Director of the Intelligence, Sur- TIONAL SECURITY AGENCY CLOUD egory I in Department of Defense Directive veillance, and Reconnaissance (ISR) Task COMPUTING DATABASE AND INTEL- 8500.01E that are funded by the Department Force shall develop a plan to rapidly achieve LIGENCE COMMUNITY CLOUD COM- PUTING INFRASTRUCTURE AND of Defense. an operationally integrated signals intel- SERVICES. SEC. 926. COMPETITION IN CONNECTION WITH ligence collection and dissemination capa- (a) LIMITATION ON USE OF NSA DATABASE.— DEPARTMENT OF DEFENSE DATA bility to meet requirements for detecting, (1) LIMITATION.—No component of the De- LINK SYSTEMS. tracking, and precisely geolocating high- partment of Defense may utilize the cloud (a) COMPETITION IN CONNECTION WITH DATA band communications devices in order to computing database developed by the Na- LINK SYSTEMS.— trigger the immediate observation and tional Security Agency (NSA) called (1) IN GENERAL.—Not later than December tracking of high-value targets by imagery 1, 2013, the Under Secretary of Defense for Accumulo after September 30, 2013, unless sensor by combining or integrating capabili- the Chief Information Officer of the Depart- Acquisition, Technology, and Logistics ties that exist or are in development in ongo- shall— ment of Defense certifies one of the fol- ing programs, including the following: lowing: (A) develop an inventory of all data link (A) The Guardrail program and the ARGUS systems in use and in development in the De- (A) That there are no viable commercial A160 program of the Army. open source databases with extensive indus- partment of Defense; (B) The Blue Moon quick reaction capa- (B) conduct a business case analysis of try support (such as the Apache Foundation bility program of the Air Force. HBase and Cassandra databases) that have each data link system contained in the in- (C) The Wide Area Network Detection pro- ventory under subparagraph (A) to deter- security features comparable to the gram of the Defense Advanced Research Accumulo database that are considered es- mine whether— Projects Agency (DARPA). (i) the maintenance, upgrade, new deploy- sential by the Chief Information Officer for (2) CONSULTATION.—The Director shall con- purposes of the certification under this para- ment, or replacement of such system should sult with the National Security Agency, the be open to competition; or graph. combatant commands (including the United (B) That the Accumulo database has be- (ii) the data link should be converted to an States Special Operations Command), and open architecture, or a different data link come a successful Apache Foundation open the formal wireless working groups of the in- source database with adequate industry sup- standard should be adopted to enable such telligence community in developing the competition; port and diversification, based on criteria to plan. be established by the Chief Information Offi- (C) for each data link system for which (3) SUPPORT.—The Secretary of the Army, competition is determined advisable under cer for purposes of the certification under the Secretary of the Air Force, and the Di- this paragraph and submitted to the appro- clause (i) or (ii) of subparagraph (B), develop rector of the Defense Advanced Research a plan (with specific objectives, actions, and priate committees of Congress not later than Projects Agency shall each provide the Di- January 1, 2013. schedules) to achieve such competition, in- rector such information and support as the cluding a plan to address any policy, legal, (2) CONSTRUCTION.—The limitation in para- Director shall require for the development of graph (1) shall not apply to the National Se- programmatic, or technical barriers to such the plan. competition; and curity Agency. (D) for each data link system for which (b) DEVELOPMENT AND DEPLOYMENT.—In ad- (b) ADAPTATION OF ACCUMULO SECURITY competition is determined not advisable dition to the responsibility under subsection FEATURES TO HBASE DATABASE.—The Direc- under subparagraph (B), prepare a justifica- (a), the Director of the Intelligence, Surveil- tor of the National Security Agency shall tion for the determination that it is not lance, and Reconnaissance Task Force shall take appropriate actions to ensure that com- practical to conduct such competition or to also coordinate funding, provide acquisition panies and organizations developing and sup- convert the data link standard to open archi- oversight, coordinate system deployment, porting open source and commercial open tecture or adopt a different data link stand- and synchronize operational integration in source versions of the Apache Foundation ard for which competition is feasible. support of combat operations for purposes of HBase and Cassandra databases, or similar the development and deployment of the ca- systems, receive technical assistance from (2) ELEMENT OF BUSINESS CASE ANALYSES.— In conducting a business case analysis for pability described in that subsection. government and contractor developers of software code for the Accumulo database to purposes of paragraph (1)(B), the Under Sec- SEC. 928. COLLECTION AND ANALYSIS OF NET- enable adaptation and integration of the se- retary shall solicit the views of industry on WORK FLOW DATA. the merits and feasibility of introducing curity features of the Accumulo database. (a) DEVELOPMENT OF TECHNOLOGIES.—The (c) COORDINATION REGARDING DOD USE OF competition for the maintenance, upgrade, Chief Information Officer of the Department INTELLIGENCE COMMUNITY CLOUD COMPUTING new deployment, or replacement for the data of Defense may, in coordination with the INFRASTRUCTURE AND SERVICES.— link system in question. Under Secretary of Defense for Policy and (1) IN GENERAL.—The Under Secretary of (b) EARLIER ACTIONS.—If the Under Sec- the Under Secretary of Defense for Intel- Defense for Acquisition, Technology, and Lo- retary completes any portion of the plan de- ligence and acting through the Director of scribed in subsection (a)(1)(C) before Decem- gistics, the Chief Information Officer of the the Defense Information Systems Agency ber 1, 2013, the Secretary may commence ac- Department of Defense, and the Chief Infor- (DISA), use the available funding and re- tion on such portion of the plan upon com- mation Officer of each of the military de- search activities and capabilities of the Com- pletion of such portion, including publica- partments shall coordinate with the Director munity Data Center of the Defense Informa- tion of such portion of the plan. of National Intelligence and the Under Sec- (c) REPORTS.— tion Systems Agency to develop and dem- retary of Defense for Intelligence regarding (1) SUBMITTAL OF PLAN TO CONGRESS.—The onstrate collection, processing, and storage the use of cloud computing infrastructure Under Secretary shall submit to Congress technologies for network flow data that— and software services offered by the intel- the plan described in subsection (a)(1)(C) at (1) are potentially scalable to the volume ligence community by components of the De- the same time the budget of the President used by Tier 1 Internet Service Providers partment of Defense for purposes other than for fiscal year 2015 is submitted to Congress (ISPs) to collect and analyze the flow data intelligence analysis. pursuant to section 1105(a) of title 31, United across their networks; (2) PURPOSE.—The purpose of the coordina- States Code. The Under Secretary shall in- (2) will substantially reduce the cost and tion required by paragraph (1) is to ensure clude with the plan— complexity of capturing and analyzing high that Department use of cloud computing in- (A) a list of the data link systems covered volumes of flow data; and frastructure and software services described by subsection (a)(1)(C); (3) support the capability— in that paragraph is cost-effective and con- (B) a list of the data link systems covered (A) to detect and identify cybersecurity sistent with the Information Technology Ef- by subsection (a)(1)(D); and threats, networks of compromised com- ficiencies initiative, data center and server (C) for each data link system covered by puters, and command and control sites used consolidation plans, and cybersecurity re- subsection (a)(1)(D), the justification pre- for managing illicit cyber operations and requirements and policies of the Department. pared under that subsection with respect to ceiving information from compromised com- (d) APPROPRIATE COMMITTEES OF CONGRESS the data link system. puters; DEFINED.—In this section, the term ‘‘appro- (2) COMPTROLLER OF THE UNITED STATES AS- (B) track illicit cyber operations for attri- priate committees of Congress’’ means— SESSMENT.—Not later than 90 days after the bution of the source; and (1) the Committees on Armed Services and submittal to Congress under paragraph (1) of (C) provide early warning and attack as- Appropriations and the Select Committee on the plan described in subsection (a)(1)(C), the sessment of offensive cyber operations. Intelligence of the Senate; and Comptroller General of the United States (b) COORDINATION.—Any research and devel- (2) the Committees on Armed Services and shall submit to Congress a report setting opment required in the development of the Appropriations and the Permanent Select forth the assessment of the Comptroller Gen- technologies described in subsection (a) shall Committee on Intelligence of the House of eral of the plan, including an assessment of be conducted in cooperation with the heads Representatives. the adequacy and objectives of the plan. of other appropriate departments and agen- SEC. 930. ELECTRO-OPTICAL IMAGERY. SEC. 927. INTEGRATION OF CRITICAL SIGNALS IN- cies of the Federal Government and, when- (a) SUSTAINMENT OF COLLECTION CAPAC- TELLIGENCE CAPABILITIES. ever feasible, Tier 1 Internet Service Pro- ITY.—The Secretary of Defense and the Di- (a) PLAN FOR INTEGRATION REQUIRED.— viders. rector of National Intelligence shall jointly

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7521 take appropriate actions to sustain through grams applicable to the assessment required gated or expended to provide for a number of fiscal year 2013 the commercial electro-opti- by paragraph (1) as the Director of the Con- personnel conducting or supporting human cal imaging collection capacity that was gressional Budget Office shall require for the intelligence within the Department of De- planned under the Enhanced View program preparation of the assessment. fense in excess of the number of such per- approved in the National Defense Authoriza- (d) APPROPRIATE COMMITTEES OF CONGRESS sonnel as of April 20, 2012. tion Act for Fiscal Year 2012 (Public Law DEFINED.—In this section, the term ‘‘appro- (b) CAPE REPORT ON COSTS.—Not later 112–81) to be available to the Department of priate committees of Congress’’ means— than 120 days after the date of the enactment Defense though the Service Level Agree- (1) the Committees on Armed Services and of this Act, the Director of Cost Assessment ments with commercial data providers. Appropriations and the Select Committee on and Program Evaluation of the Department (b) IDENTIFICATION OF DEPARTMENT OF DE- Intelligence of the Senate; and of Defense shall submit to the appropriate FENSE ELECTRO-OPTICAL IMAGERY REQUIRE- (2) the Committees on Armed Services and committees of Congress an independent esti- MENTS.— Appropriations and the Permanent Select mate of the costs of the Defense Clandestine (1) REPORT.—Not later than April 1, 2013, Committee on Intelligence of the House of Service, whether funded through the Mili- the Vice Chairman of the Joint Chiefs of Representatives. tary Intelligence Program or the National Staff shall submit to the Director of the Con- (e) FUNDING.—In addition to any other Intelligence Program, including an estimate gressional Budget Office a report setting amounts authorized to be appropriated by of the costs over the period of the current fu- forth a comprehensive description of Depart- this Act and available for Service Level ture-years defense program and an estimate ment of Defense peacetime and wartime re- Agreements described in subsection (a), of of the out year costs. quirements for electro-optical imagery under the amounts authorized to be appropriated (c) USDI REPORT ON DCS.— current circumstances and under anticipated for fiscal year 2013 by section 301 for oper- (1) REPORT REQUIRED.—Not later than Feb- revisions of strategy and budgetary con- ation and maintenance and available as spec- ruary 1, 2013, the Under Secretary of Defense straints. ified in the funding table in section 4301, for Intelligence shall submit to the appro- (2) SCOPE OF REQUIREMENTS.—The require- $125,000,000 is available for such Service priate committees of Congress a report on ments under paragraph (1) shall— Level Agreements. the Defense Clandestine Service. (A) be expressed in such terms as daily re- (2) ELEMENTS.—The report under paragraph gional and global area coverage and number SEC. 931. SOFTWARE LICENSES OF THE DEPART- MENT OF DEFENSE. (1) shall include the following: of point targets, resolution, revisit rates, (A) A detailed description of the location mean-time to access, latency, redundancy, (a) AUDITS.—Not later than 180 days after the date of the enactment of this Act, and and schedule for current and anticipated de- survivability, and diversity; and ployments of case officers trained under the (B) take into consideration all types of im- every two years thereafter, the Chief Infor- mation Officer of the Department of the De- Field Tradecraft Course, whether overseas or agery and collection means available. domestically, and a certification whether or (c) ASSESSMENT OF IDENTIFIED REQUIRE- fense shall, in consultation with chief infor- not such deployments can be accommodated MENTS.— mation officers of the military departments and supported. (1) IN GENERAL.—Not later than September and the Defense Agencies— (B) A statement of the objectives for the 15, 2013, the Director of the Congressional (1) conduct an inventory of all existing effective management of case officers Budget Office shall submit to the appro- software licenses in favor of the Department trained under the Field Tradecraft Course priate committees of Congress a report set- of Defense, including licenses in use and li- for each of the Armed Forces, the Defense In- ting forth an assessment by the Director of censes not in use, on an application-by-appli- telligence Agency, and the United States the report required by subsection (b). cation basis; Special Operations Command, including ob- (2) ELEMENTS.—The assessment required by (2) compare the number of software li- jectives on numbers of tours requiring train- paragraph (1) shall include an assessment of censes in use, and the manner of their use by ing in the Field Tradecraft Course and objec- the following: Department employees, with the number of tives for management of career tracks and (A) The extent to which the requirements software licenses available to the Depart- case officer covers. of the Department for electro-optical im- ment and the product use rights contained in (C) A statement of the manner in which agery from space can be satisfied by com- such licenses; each Armed Force, the Defense Intelligence mercial companies using either— (3) assess the needs of the Department and Agency, and the United States Special Oper- (i) current designs; or the components of the Department for soft- ations Command will each achieve the objec- (ii) enhanced designs that could be devel- ware licenses during the two fiscal years tives applicable thereto under subparagraph oped at low risk. next following the date of the completion of (B). (B) Whether a reduction by half in the the inventory; and (D) A copy of any memoranda of under- amounts requested for the Enhanced View (4) determine means by which the Depart- standing or memoranda of agreement be- program for fiscal year 2013 from amounts ment can achieve the greatest possible tween the Department of Defense and other requested for that program for fiscal year economies of scale and cost-savings in the departments and agencies of the United 2012 is consistent with Presidential Space procurement, use, and optimization of soft- States Government, or between components Policy of June 2010, Presidential Policy Di- ware licenses. or elements of the Department of Defense, rective 4, applicable provisions of the Fed- (b) PERFORMANCE PLAN.— that are required to implement objectives eral Acquisition Regulation (10.001(a)(3)(ii) (1) IN GENERAL.—If the Chief Information for the Defense Clandestine Service. and 12.101(a)–(b)), and section 2377 of title 10, Officer determines through an inventory (d) DEFINITIONS.—In this section: United States Code, regarding preferences conducted under subsection (a) that the (1) The term ‘‘appropriate committees of for procuring commercial capabilities and number of existing software licenses, on an Congress’’ means— modifying as necessary and feasible commer- application-by-application basis, of the De- (A) the Committees on Armed Services and cial capabilities to meet government re- partment and the components of the Depart- Appropriations and the Select Committee on quirements, and for modifying government ment exceeds the needs of the Department Intelligence of the Senate; and requirements to a reasonable extent to en- for such software licenses, the Secretary of (B) the Committees on Armed Services and able commercial or non-developmental prod- Defense shall, not later than 90 days after Appropriations and the Permanent Select ucts to meet government needs. the date of the completion of such inventory, Committee on Intelligence of the House of (3) CONSULTATION AND OTHER RESOURCES.— implement a plan to bring the number of Representatives. In preparing the assessment required by software licenses, on an application-by-appli- (2) The term ‘‘future-years defense pro- paragraph (1), the Director shall— cation basis, into balance with the needs of gram’’ means the future-years defense pro- (A) consult widely with appropriate indi- the Department. gram under section 221 of title 10, United viduals and entities, including Members and (2) EXCEPTIONS.—The Chief Information Of- States Code. committees of Congress, the Office of Man- ficer may exempt from coverage under a plan SEC. 933. AUTHORITY FOR SHORT-TERM EXTEN- agement and Budget and other agencies and under paragraph (1) such applications or categories of applications as the Chief Informa- SION OF LEASE FOR AIRCRAFT SUP- officials of the Government, private indus- PORTING THE BLUE DEVIL INTEL- try, and academia; and tion Officer considers appropriate. Imme- LIGENCE, SURVEILLANCE, AND RE- (B) make maximum use of existing studies diately upon finalizing the applications or CONNAISSANCE PROGRAM. and modeling and simulations conducted by categories of applications to be exempt from (a) IN GENERAL.—Notwithstanding section or on behalf of Members and committees of coverage under a plan, the Chief Information 2401 of title 10, United States Code, the Sec- Congress, the Joint Staff, the Director of Na- Officer shall submit to the congressional de- retary of the Air Force may extend or renew tional Intelligence, the National Reconnais- fense committees a report (in classified the lease of aircraft supporting the Blue sance Office, the National Geospatial-Intel- form, if required) setting forth the applica- Devil intelligence, surveillance, and recon- ligence Agency, private industry, and aca- tions or categories of applications to be ex- naissance program after the date of the expi- demia. empt from coverage under the plan. ration of the current lease of such aircraft (4) ACCESS TO INFORMATION.—The Director SEC. 932. DEFENSE CLANDESTINE SERVICE. for a term that is the shorter of— of National Intelligence and the Secretary of (a) PROHIBITION ON USE OF FUNDS FOR ADDI- (1) the period beginning on the date of the Defense shall each provide the staff of the TIONAL PERSONNEL.—Amounts authorized to expiration of the current lease and ending on Director of the Congressional Budget Office be appropriated by this Act for the Military the date on which the Commander of the with such access to information and pro- Intelligence Program (MIP) may not be obli- United States Central Command notifies the

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7522 CONGRESSIONAL RECORD — SENATE December 5, 2012 Secretary that a substitute is available for ommend to Secretary of Defense Leon Pa- SEC. 936. REPORTS TO DEPARTMENT OF DE- the capabilities provided by the lease, or netta that the two-year-old United States FENSE ON PENETRATIONS OF NET- that the capabilities provided by such air- Cyber Command be elevated to full combat- WORKS AND INFORMATION SYSTEMS OF CERTAIN CONTRACTORS. craft are no longer required; or ant command status. (a) PROCESS FOR REPORTING PENETRA- (2) six months. (3) On August 14, 2012, General Keith Alex- TIONS.—The Under Secretary of Defense for (b) FUNDING.—Amounts authorized to be ander, the Commander of the United States Intelligence shall, in coordination with the appropriated for fiscal year 2013 by title XV Cyber Command and the Director of the Na- and available for Overseas Contingency Op- officials specified in subsection (c), establish tional Security Agency, addressed the erations for operation and maintenance as a process by which cleared defense contrac- TechNet Land Forces conference and stated specified in the funding tables in section 4302 tors shall report to elements of the Depart- may be available for the extension or re- that ‘‘[i]n 2007 we drafted . . . a paper . . . ment of Defense designated by the Under newal of the lease authorized by subsection about establishing a Cyber Command . . . Secretary for purposes of the process when a (a). [which concluded that] . . . the most logical network or information system of such con- is to set it up as a sub unified and grow it to tractors designated pursuant to subsection SEC. 934. SENSE OF SENATE ON POTENTIAL SE- (b) is successfully penetrated. CURITY RISKS TO DEPARTMENT OF a unified, and I think that’s the process that DEFENSE NETWORKS. we’re going to work our way through’’. (b) DESIGNATION OF NETWORKS AND INFOR- MATION SYSTEMS.—The Under Secretary of (a) FINDINGS.—The Senate makes the fol- (4) On October 11, 2012, Secretary of De- Defense for Intelligence shall, in coordina- lowing findings: fense Leon Panetta discussed cybersecurity (1) Cybersecurity threats are pervasive and tion with the officials specified in subsection in a speech to the Business Executives for (c), establish criteria for designating the serious, including through the supply chain National Security in New York, New York, cleared defense contractors’ networks or in- of information technology equipment and specifically calling for a strengthening of the formation systems that contain or process software. United States Cyber Command and stating information created by or for the Depart- (2) Semiconductor manufacturing is al- that the Department of Defense ‘‘must en- ment of Defense to be subject to the report- ready dominated by foreign producers, pre- sure that [the United States Cyber Com- ing process established pursuant to sub- senting supply chain risk management chal- mand] has the resources, that it has the au- section (a). lenges. thorities, that it has the capabilities re- (c) OFFICIALS.—The officials specified in (3) In a number of instances, foreign manu- quired to perform this growing mission. And this subsection are the following: facturers of telecommunications equipment, it must also be able to react quickly to (1) The Under Secretary of Defense for Pol- including advanced wireless technology, are events unfolding in cyberspace and help fully icy. gaining global market share due to high (2) The Under Secretary of Defense for Ac- quality and low prices. Competitive market integrate cyber into all of the department’s plans and activities.’’. quisition, Technology, and Logistics. forces ensure that commercial providers of (3) The Chief Information Officer of the De- consumer, business, and government systems (b) SENSE OF CONGRESS.—Congress— partment of Defense. and services will choose equipment and asso- (1) recognizes the serious cyber threat to (4) The Commander of the United States ciated software from these manufacturers. In national security and the need to work both Cyber Command. some cases, like Huawei Industries, this offensively and defensively to protect the (d) PROCESS REQUIREMENTS.— competitive position stems in part from in- Nation’s networks and critical infrastruc- (1) RAPID REPORTING.—The process required appropriate government subsidies and other ture; by subsection (a) shall provide for rapid reforms of assistance. (2) acknowledges the importance of the porting by contractors of successful penetra- (4) Some of these companies also present unified command structure of the Depart- tions of designated network or information clear cybersecurity supply chain risks that ment in directing military operations in systems. the Government must address. cyberspace and recognizes that a change in (2) REPORT ELEMENTS.—The report by a (5) The Committee on Foreign Investment the status of the United States Cyber Com- contractor on a successful penetration of a in the United States has blocked the attempt mand has Department-wide and national se- designated network or information system by Huawei to acquire United States tech- under the process shall include the following: curity implications, which require careful nology firms on two occasions and the Na- (A) A description of the technique or meth- consideration; tional Security Agency and the Secretary of od used in the penetration. (3) expects to be briefed and consulted Commerce have advised two major United (B) A sample of the malicious software, if States telecommunications carriers against about any proposal to elevate the United discovered and isolated by the contractor. selecting Huawei as a supplier. States Cyber Command to a unified com- (3) ACCESS.—The process shall include (6) The Ike Skelton National Defense Au- mand before a decision by the Secretary mechanisms by which Department of Defense thorization Act for Fiscal Year 2011 (Public make such a proposal to the President and to personnel may, upon request, obtain access Law 111–383) provided authority and mecha- receive, at a minimum— to equipment or information of a contractor nisms for the Secretary of Defense to control (A) a clear statement of mission and re- necessary to conduct a forensic analysis to these supply chain risks, but only for Na- lated legal definitions; determine whether information created by or tional Security Systems, leaving many in- (B) an outline of the specific national secu- for the Department in connection with any formation technology systems and missions rity benefits of elevating the sub-unified Department program was successfully exposed to supply chain risks. United States Cyber Command to a unified exfiltrated from a network or information (7) Blocking sales from providers of infor- command; system of the contractor and, if so, what in- mation technology systems and services due (C) an estimate of the cost of creating a formation was exfiltrated. to concerns about cybersecurity risks, while unified United States Cyber Command and a (4) LIMITATION ON DISSEMINATION OF CER- maintaining our commitment to free trade justification of the expenditure; and TAIN INFORMATION.—The process shall pro- and fair and transparent competition, poses (D) if the Secretary considers it advisable hibit the dissemination outside the Depart- difficult policy challenges. to continue the designation of the Com- ment of Defense of information obtained or (b) SENSE OF SENATE.—It is the sense of the mander of the United States Cyber Command derived through the process that is not cre- Senate that the Department of Defense— as also being the Director of the National Se- ated by or for the Department except with (1) must ensure it maintains full visibility curity Agency— the approval of the contractor providing and adequate control of its supply chain, in- (i) an explanation of how a single indi- such information. cluding subcontractors, in order to mitigate (e) CLEARED DEFENSE CONTRACTOR DE- vidual could serve as a commander of a com- supply chain exploitation; and FINED.—In this section, the term ‘‘cleared de- batant command that conducts overt, albeit (2) needs the authority and capability to fense contractor’’ means a private entity clandestine, cyber operations under title 10, mitigate supply chain risks to its informa- granted clearance by the Defense Security United States Code, as well as the director of tion technology systems that fall outside the Service to receive and store classified infor- an intelligence agency that conducts covert scope of National Security Systems. mation for the purpose of bidding for a con- cyber operations under the National Secu- SEC. 935. SENSE OF CONGRESS ON THE UNITED tract or conducting activities under a con- STATES CYBER COMMAND. rity Act of 1947 (50 U.S.C. 401 et seq.) in a tract with the Department of Defense. (a) FINDINGS.—Congress makes the fol- manner that affords deniability to the Subtitle D—Other Matters lowing findings: United States; and SEC. 941. NATIONAL LANGUAGE SERVICE CORPS. (1) On June 23, 2009, the Secretary of De- (ii) a statement of whether the Secretary (a) AUTHORITY TO ESTABLISH.—The David fense directed the Commander of the United believes it is appropriate either to appoint a L. Boren National Security Education Act of States Strategic Command to establish the line officer as the Director of the National 1991 (50 U.S.C. 1901 et seq.) is amended by United States Cyber Command, which be- Security Agency or to take the unprece- adding at the end the following new section: came operational on May 21, 2010, and oper- dented step of appointing an intelligence of- ‘‘SEC. 813. NATIONAL LANGUAGE SERVICE CORPS. ates as a sub-unified command subordinate ficer as a unified commander; and ‘‘(a) ESTABLISHMENT.—(1) The Secretary of to the United States Strategic Command. (4) believes that appropriate policy founda- Defense may establish and maintain within (2) In May 2012, media reports indicated tions and standing rules of engagement must the Department of Defense a National Lan- that General Martin Dempsey, the Chairman be in place before any decision to create a guage Service Corps (in this section referred of the Joint Chiefs of Staff, planned to rec- unified United States Cyber Command. to as the ‘Corps’).

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7523 ‘‘(2) The purpose of the Corps is to provide guage shortfalls and to utilize personnel to ons activities of the National Nuclear Secu- a pool of personnel with foreign language address the various types of crises that war- rity Administration for fiscal year 2013 in skills who, as provided in regulations pre- rant foreign language skills; and section 3101 is less than $7,900,000,000 (the scribed under this section, agree to provide ‘‘(E) proposing to the Secretary regula- amount projected to be required for such ac- foreign language services to the Department tions to carry out section 813.’’. tivities in fiscal year 2013 as specified in the of Defense or another department or agency SEC. 942. REPORT ON EDUCATION AND TRAINING report under section 1251 of the National De- of the United States. AND PROMOTION RATES FOR PI- fense Authorization Act for Fiscal Year 2010 ‘‘(b) NATIONAL SECURITY EDUCATION LOTS OF REMOTELY PILOTED AIR- (Public Law 111–84; 123 Stat. 2549)), the Sec- BOARD.—If the Corps is established, the Sec- CRAFT. retary of Defense may transfer, from retary shall provide for the National Secu- (a) REPORT REQUIRED.—Not later than Jan- amounts authorized to be appropriated for rity Education Board to oversee and coordi- uary 31, 2013, the Secretary of the Air Force the Department of Defense for fiscal year nate the activities of the Corps to such ex- and the Chief of Staff of the Air Force shall 2013 pursuant to this Act, to the Secretary of tent and in such manner as determined by jointly submit to the congressional defense Energy an amount, not to exceed $150,000,000, the Secretary under paragraph (9) of section committees a report on education and train- to be available only for weapons activities of 803(d). ing and promotion rates for Air Force pilots the National Nuclear Security Administra- ‘‘(c) MEMBERSHIP.—To be eligible for mem- of remotely piloted aircraft (RPA). tion. bership in the Corps, a person must be a cit- (b) ELEMENTS.—The report required by sub- (b) NOTICE TO CONGRESS.—In the event of a izen of the United States authorized by law section (a) shall include the following: transfer under subsection (a), the Secretary to be employed in the United States, have (1) A detailed analysis of the reasons for of Defense shall promptly notify Congress of attained the age of 18 years, and possess such persistently lower average education and the transfer, and shall include in such notice foreign language skills as the Secretary con- training and promotion rates for Air Force the Department of Defense account or ac- siders appropriate for membership in the pilots of remotely piloted aircraft. counts from which funds are transferred. Corps. Members of the Corps may include (2) An assessment of the long-term impact (c) TRANSFER MECHANISM.—Any funds employees of the Federal Government and of on the Air Force of the sustainment of such transferred under this section shall be trans- State and local governments. lower rates ferred in accordance with established proce- ‘‘(d) TRAINING.—The Secretary may provide (3) A plan to raise such rates, including— dures for reprogramming under section 1001 members of the Corps such training as the (A) a description of the near-term and or successor provisions of law. Secretary prescribes for purposes of this sec- longer-term actions the Air Force intends to (d) CONSTRUCTION OF AUTHORITY.—The tion. undertake to implement the plan; and transfer authority provided under subsection ‘‘(e) SERVICE.—Upon a determination that (B) an analysis of the potential direct and (a) is in addition to any other transfer au- it is in the national interests of the United indirect impacts of the plan on the achieve- thority provided under this Act. States, the Secretary shall call upon mem- ment and sustainment of the combat air pa- SEC. 1003. AUDIT READINESS OF DEPARTMENT bers of the Corps to provide foreign language trol objectives of the Air Force for remotely OF DEFENSE STATEMENTS OF BUDG- services to the Department of Defense or an- piloted aircraft. ETARY RESOURCES. other department or agency of the United (a) OBJECTIVE.—Section 1003(a)(2)(A)(ii) of States. TITLE X—GENERAL PROVISIONS the National Defense Authorization Act for ‘‘(f) FUNDING.—The Secretary may impose Subtitle A—Financial Matters Fiscal Year 2010 (Public Law 111–84; 123 Stat. fees, in amounts up to full-cost recovery, for SEC. 1001. GENERAL TRANSFER AUTHORITY. 2439; 10 U.S.C. 2222 note) is amended by in- language services and technical assistance (a) AUTHORITY TO TRANSFER AUTHORIZA- serting ‘‘, and the statement of budgetary re- rendered by members of the Corps. Amounts TIONS.— sources of the Department of Defense is vali- of fees received under this section shall be (1) AUTHORITY.—Upon determination by dated as ready for audit by not later than credited to the account of the Department the Secretary of Defense that such action is September 30, 2014’’ after ‘‘September 30, providing funds for any costs incurred by the necessary in the national interest, the Sec- 2017’’. Department in connection with the Corps. retary may transfer amounts of authoriza- (b) AFFORDABLE AND SUSTAINABLE AP- Amounts so credited to such account shall be tions made available to the Department of PROACH.— merged with amounts in such account, and Defense in this division for fiscal year 2013 (1) IN GENERAL.—The Chief Management shall be available to the same extent, and between any such authorizations for that fis- Officer of the Department of Defense and the subject to the same conditions and limita- cal year (or any subdivisions thereof). Chief Management Officers of each of the tions, as amounts in such account. Any Amounts of authorizations so transferred military departments shall ensure that plans amounts so credited shall remain available shall be merged with and be available for the to achieve an auditable statement of budg- until expended.’’. same purposes as the authorization to which etary resources of the Department of Defense (b) NATIONAL SECURITY EDUCATION BOARD transferred. by September 30, 2014, include appropriate MATTERS.— (2) LIMITATION.—Except as provided in steps to minimize one-time fixes and manual (1) COMPOSITION.—Subsection (b) of section paragraph (3), the total amount of authoriza- work-arounds, are sustainable and afford- 803 of such Act (50 U.S.C. 1903) is amended— tions that the Secretary may transfer under able, and will not delay full auditability of (A) by striking paragraph (5); the authority of this section may not exceed financial statements. (B) by redesignating paragraphs (6) and (7) $5,000,000,000. (2) ADDITIONAL ELEMENTS IN FIAR PLAN RE- as paragraphs (8) and (9), respectively; and (3) EXCEPTION FOR TRANSFERS BETWEEN PORT.—Each semi-annual report on the Fi- (C) by inserting after paragraph (4) the fol- MILITARY PERSONNEL AUTHORIZATIONS.—A nancial Improvement and Audit Readiness lowing new paragraphs: transfer of funds between military personnel Plan of the Department of Defense submitted ‘‘(5) The Secretary of Homeland Security. authorizations under title IV shall not be by the Under Secretary of Defense (Comp- ‘‘(6) The Secretary of Energy. counted toward the dollar limitation in para- troller) under section 1003(b) of the National ‘‘(7) The Director of National Intel- graph (2). Defense Authorization Act for Fiscal Year ligence.’’. (b) LIMITATIONS.—The authority provided 2010 during the period beginning on the date (2) FUNCTIONS.—Subsection (d) of such sec- by this section to transfer authorizations— of the enactment of this Act and ending on tion is amended by adding at the end the fol- (1) may only be used to provide authority September 30, 2014, shall include the following new paragraph: for items that have a higher priority than lowing: ‘‘(9) To the extent provided by the Sec- the items from which authority is trans- (A) A description of the actions taken by retary of Defense, oversee and coordinate the ferred; and the military departments pursuant to para- activities of the National Language Service (2) may not be used to provide authority graph (1). Corps under section 813, including— for an item that has been denied authoriza- (B) A determination by the Chief Manage- ‘‘(A) identifying and assessing on a peri- tion by Congress. ment Officer of each military department odic basis the needs of the departments and (c) EFFECT ON AUTHORIZATION AMOUNTS.—A whether or not such military department is agencies of the Federal Government for per- transfer made from one account to another able to achieve an auditable statement of sonnel with skills in various foreign lan- under the authority of this section shall be budgetary resources by September 30, 2014, guages; deemed to increase the amount authorized without an unaffordable or unsustainable ‘‘(B) establishing plans to address foreign for the account to which the amount is level of one-time fixes and manual work- language shortfalls and requirements of the transferred by an amount equal to the arounds and without delaying the full departments and agencies of the Federal amount transferred. auditability of the financial statements of Government; (d) NOTICE TO CONGRESS.—The Secretary such military department. ‘‘(C) recommending effective ways to in- shall promptly notify Congress of each trans- (C) If the Chief Management Officer of a crease public awareness of the need for for- fer made under subsection (a). military department determines under sub- eign languages skills and career paths in the SEC. 1002. AUTHORITY TO TRANSFER FUNDS TO paragraph (B) that the military department Federal government that use those skills; THE NATIONAL NUCLEAR SECURITY is not able to achieve an auditable statement ‘‘(D) coordinating activities with Execu- ADMINISTRATION TO SUSTAIN NU- of budgetary resources by September 30, 2014, tive agencies and State and Local govern- CLEAR WEAPONS MODERNIZATION. as described in that subparagraph— ments to develop interagency plans and (a) TRANSFER AUTHORIZED.—If the amount (i) an explanation why the military depart- agreements to address overall foreign lan- authorized to be appropriated for the weap- ment is unable to meet the deadline;

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(ii) an alternative deadline by which the (3) ASSUMPTIONS.—The report required by under the authority of this section shall be military department will achieve an paragraph (1) shall assume the following: deemed to change the amount authorized for auditable statement of budgetary resources; (A) Except as provided in subparagraph (B), the account to which the amount is trans- (iii) a description of the plan of the mili- the funds subject to sequester are the funds ferred by an amount equal to the amount tary department for meeting the alternative in all 050 accounts, including all unobligated transferred. deadline. balances. (d) CONSTRUCTION OF AUTHORITY.—The SEC. 1004. REPORT ON EFFECTS OF BUDGET SE- (B) The funds exempt from the sequester transfer authority in this section is in addi- QUESTRATION ON THE DEPART- are the following: tion to any other transfer authority provided MENT OF DEFENSE. (i) Funds in accounts for military per- in this Act. (a) FINDINGS.—Congress makes the fol- sonnel. Subtitle B—Counter-Drug Activities lowing findings: (ii) Funds in accounts for overseas contin- (1) The inability of the Joint Select Com- SEC. 1011. EXTENSION OF AUTHORITY FOR JOINT gency operations. TASK FORCES TO PROVIDE SUPPORT mittee on Deficit Reduction to find (4) PRESENTATION OF CERTAIN INFORMA- TO LAW ENFORCEMENT AGENCIES $1,200,000,000,000 in savings will trigger auto- TION.—In listing programs, projects, and ac- CONDUCTING COUNTER-TERRORISM matic funding reductions known as ‘‘seques- tivities under paragraph (2)(C), the report re- ACTIVITIES. tration’’ to the Department of Defense of quired by paragraph (1) shall set forth for Section 1022(b) of the National Defense Au- $492,000,000,000 between 2013 and 2021 under each the following: thorization Act for Fiscal Year 2004 (10 section 251A of the Balanced Budget and (A) The most specific level of budget item U.S.C. 371 note) is amended by striking Emergency Deficit Control Act of 1985 (2 USC identified in applicable appropriations Acts. ‘‘2012’’ and inserting ‘‘2013’’. 901a). (B) Related classified annexes and explana- SEC. 1012. REQUIREMENT FOR BIENNIAL CER- (2) These reductions are in addition to re- tory statements. TIFICATION ON PROVISION OF SUP- ductions of $487,000,000,000 already being im- (C) Department of Defense budget jus- PORT FOR COUNTER-DRUG ACTIVI- plemented by the Department of Defense, tification documents DOD P–1 and R–1 as TIES TO CERTAIN FOREIGN GOVERN- and would decrease the readiness and capa- subsequently modified by congressional ac- MENTS. bilities of the Armed Forces while increasing tion, and as submitted by the Department of Section 1033 of the National Defense Au- risks to the effective implementation of the Defense together with the budget materials thorization Act for Fiscal Year 1998 (Public National Security Strategy of the United for the budget of the President for fiscal year Law 105–85; 111 Stat. 1881), as most recently States. 2013 (as submitted to Congress pursuant to amended by section 1006 of the National De- (3) The leaders of the Department of De- section 1105(a) of title 31, United States fense Authorization Act for Fiscal Year 2012 fense have consistently testified that threats Code). (Public Law 112–81; 125 Stat. 1557), is further to the national security of the United States (D) Department of Defense document O–1 amended— have increased, not decreased. Secretary of for operation and maintenance accounts for (1) in subsection (f)— Defense Leon Panetta said that these reduc- fiscal year 2013, for which purpose the term (A) in paragraph (1), by striking ‘‘the writ- tions would ‘‘inflict severe damage to our na- ‘‘program, project, or activity’’ means the ten certification described in subsection (g) tional defense for generations’’, comments budget activity account and sub account for for that fiscal year.’’ and inserting ‘‘a writ- that have been echoed by the Secretaries of the program, project, or activity as sub- ten certification described in subsection (g) the Army, Navy, and Air Force. mitted in such document O–1. applicable to that fiscal year. The first such (4) While reductions in funds available for SEC. 1005. REPORT ON BALANCES CARRIED FOR- certification with respect to any such gov- the Department of Defense will automati- WARD BY THE DEPARTMENT OF DE- ernment may apply only to a period of one cally commence January 2, 2013, uncertainty FENSE AT THE END OF FISCAL YEAR fiscal year. Subsequent certifications with regarding the reductions has already exacer- 2012. respect to any such government may apply bated Department of Defense efforts to plan Not later than 180 days after the date of to a period of not to exceed two fiscal future defense budget. the enactment of this Act, the Secretary of years.’’; and (5) Sequestration will have a detrimental Defense shall submit to Congress, and pub- (B) in paragraph (4)(B), by striking ‘‘The effect on the industrial base that supports lish on the Internet website of the Depart- Committee on National Security and the the Department of Defense. ment of Defense available to the public, the Committee on International Relations of the (b) REPORT.— following: House of Representatives’’ and inserting (1) IN GENERAL.—Not later than August 15, (1) The total dollar amount of all balances ‘‘The Committee on Armed Services and the 2012, the Secretary of Defense shall submit carried forward by the Department of De- Committee on Foreign Affairs of the House to the Committees on Armed Services of the fense at the end of fiscal year 2012 by ac- of Representatives’’; and Senate and the House of Representatives a count. (2) in subsection (g), in the matter pre- detailed report on the impact on the Depart- (2) The total dollar amount of all unobli- ceding paragraph (1)— ment of Defense of the sequestration of funds gated balances carried forward by the De- (A) by striking ‘‘The written’’ and insert- authorized and appropriated for fiscal year partment of Defense at the end of fiscal year ing ‘‘A written’’; and 2012 by account. 2013 for the Department of Defense, if auto- (B) by striking ‘‘for a fiscal year’’ and all (3) The total dollar amount of any balances matically triggered on January 2, 2013, under that follows through the colon and inserting (both obligated and unobligated) that have section 251A of the Balanced Budget and ‘‘with respect to a government to receive been carried forward by the Department of Emergency Deficit Control Act of 1985. support under this section for any period of Defense for five years or more as of the end (2) ELEMENTS.—The report required by time is a certification of each of the fol- of fiscal year 2012 by account. paragraph (1) shall include the following: lowing with respect to that government:’’. (A) An assessment of the potential impact SEC. 1006. TRANSFER OF CERTAIN FISCAL YEAR 2012 AND 2013 FUNDS. SEC. 1013. AUTHORITY TO SUPPORT THE UNIFIED of sequestration on the readiness of the COUNTERDRUG AND COUNTERTER- (a) TRANSFER AUTHORIZED.—To the extent Armed Forces, including impacts to steam- RORISM CAMPAIGN IN COLOMBIA. provided in appropriations Acts, the Sec- ing hours, flying hours, and full spectrum (a) AUTHORITY.— retary of Defense may transfer from fiscal training miles, and an estimate of the in- (1) IN GENERAL.—Of the amounts author- year 2012 and 2013 procurement or research, crease or decrease in readiness (as defined in ized to be appropriated by section 1404 for development, test, and evaluation accounts the C status C–1 through C–5). an aggregate of $46,000,000 to be available for the Department of Defense for drug interdic- (B) An assessment of the potential impact the additional authorizations in sections 132, tion and counter-drug activities, Defense- of sequestration on the ability of the Depart- 154, and 217. wide for fiscal year 2013, not more than ment of Defense to carry out the National (b) COVERED FUNDS.—In subsection (a), the $50,000,000 may be used by the Secretary of Military Strategy of the United States, and term ‘‘fiscal year 2012 and 2013 procurement Defense to provide in support of a unified any changes to the most recent Risk Assess- or research, development, test, and evalua- campaign by the Government of Colombia ment of the Chairman of the Joint Chiefs of tion accounts’’ means— against narcotics trafficking and against ter- Staff under section 153(b) of title 10, United (1) amounts authorized to be appropriated rorist organizations (as designated by the States Code arising from sequestration. for fiscal year 2012 by sections 101 and 201 of Secretary of State) in Colombia the fol- (C) A list of the programs, projects, and ac- the National Defense Authorization Act for lowing: tivities across the Department of Defense, Fiscal Year 2012 (Public Law 112–81) and (A) Logistics support, services, and sup- the military departments, and the elements available as specified in the funding tables in plies. and components of the Department of De- sections 4101 and 4201 of that Act for Army (B) The types of support authorized under fense that would be reduced or terminated as tactical bridging, BLIN–133, $12.5 million; section 1004(b) of the National Defense Au- a result of sequestration. Army C–RAM, BLIN–90, $15.8 million; Army thorization Act for Fiscal Year 1991 (10 (D) An estimate of the number and value of non-system training devices, BLIN–182, $9.8 U.S.C. 374 note). all contracts that will be terminated, re- million; Defense wide 12/14 USSOCOM C–ISO (C) The types of support authorized under structured, or revised in scope as a result of modifications, $4.0 million; Defense wide 12/ section 1033(c) of the National Defense Au- sequestration, including an estimate of po- 14 Combat mission requirements, $4.2 mil- thorization Act for Fiscal Year 1998 (Public tential termination costs and of increased lion. Law 105–85). contract costs due to renegotiation and rein- (c) EFFECT ON AUTHORIZATION AMOUNTS.—A (2) SCOPE OF AUTHORITY.—The authority to statement of contracts. transfer made from one account to another provide assistance for a campaign under this

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RETIREMENT OF NAVAL VESSELS. rotationally globally deployable forces with LAW.—The Secretary of Defense may not use (a) REPORT REQUIRED.—Not later than 30 the capability to decisively defend United the authority in subsection (a) to provide days after the date of the enactment of this States citizens, homeland, and interests any type of assistance described in this sub- Act, the Chief of Naval Operations shall sub- abroad from direct or asymmetric attack section that is otherwise prohibited by any mit to the congressional defense committees and must be comprised of sufficient vessels provision of law. a report that sets forth a comprehensive de- to maintain global freedom of action. (c) LIMITATION ON PARTICIPATION OF UNITED scription of the current requirements of the (6) To achieve appropriate capabilities to STATES PERSONNEL.—No United States Navy for combatant vessels of the Navy, in- ensure national security the Government of Armed Forces personnel, United States civil- cluding submarines. the United States must continue to recapi- ian employees, or United States civilian con- (b) ADDITIONAL REPORT ELEMENT IF LESS talize the fleets of the Navy and Coast Guard tractor personnel employed by the United THAN 313 VESSELS REQUIRED.—If the number and must continue to conduct vital mainte- States may participate in any combat oper- of combatant vessels for the Navy (including nance and repair of existing vessels to ensure ation in connection with assistance using submarines) specified as being required in such vessels meet service life goals. funds pursuant to the authority in sub- the report under subsection (a) is less than (b) SENSE OF CONGRESS.—It is the sense of section (a), except for the purpose of acting 313 combatant vessels, the report shall in- Congress that— in self defense or of rescuing any United clude a justification for the number of ves- (1) the sea services of the United States States citizen, including any United States sels specified as being so required and the ra- should be funded and maintained to provide Armed Forces personnel, United States civil- tionale by which the number of vessels is the broad spectrum of capabilities required ian employee, or civilian contractor em- considered consistent with applicable stra- to protect the national security of the ployed by the United States. tegic guidance issued by the President and United States; (d) RELATION TO OTHER AUTHORITIES.—The the Secretary of Defense in 2012. (2) such capabilities should include— authority provided by subsection (a) is in ad- SEC. 1022. TERMINATION OF A MARITIME (A) the ability to project United States dition to any other authority in law to pro- PREPOSITIONING SHIP SQUADRON. power rapidly anywhere on the globe without vide assistance to the Government of Colom- (a) REPORT REQUIRED.— the need for host nation basing permission or bia. (1) IN GENERAL.—Not later than 60 days long and potentially vulnerable logistics (e) REPORT.— after the date of the enactment of this Act, supply lines; (1) IN GENERAL.—Not later than November the Chief of Naval Operations and the Com- (B) the ability to land and recover mari- 1 following any fiscal year in which the Sec- mandant of the Marine Corps shall jointly time forces from the sea for direct combat retary of Defense provides support under submit to the congressional defense commit- action, to evacuate United States citizens subsection (a), the Secretary shall submit to tees a report setting forth an assessment of from hostile situations, and to provide hu- the congressional defense committees a re- the Marine Corps Prepositioning Program– manitarian assistance where needed; port setting forth the following: Norway and the capability of that program (C) the ability to operate from the sub- (A) A description of the support provided, to address any readiness gaps that will be surface with overpowering conventional including— created by the termination of Maritime combat power, as well as strategic deter- (i) a description of the support; Prepositioning Ship Squadron One in the rence; and (ii) the cost of the support; Mediterranean. (D) the ability to operate in collaboration (iii) a list of the Colombia units to which (2) ELEMENTS.—The report required by with United States maritime partners in the support was provided; and paragraph (1) shall include the following: common interest of preventing piracy at sea (iv) a list of the Colombia operations sup- (A) A detailed description of the time re- and maintaining the commercial sea lanes ported. quired to transfer stockpiles onto Navy ves- available for global commerce; (B) Guidance for future Department of De- sels for use in contingency operations. (3) the Secretary of Defense, in coordina- fense support for a unified campaign by the (B) A comparison of the response time of tion with the Secretary of the Navy, should Government of Colombia against narcotics the Marine Corps Prepositioning Program– maintain the recapitalization plans for the trafficking and terrorism. Norway with the current response time of Navy as a priority in all future force struc- (2) FORM.—The report required by para- Maritime Prepositioning Ship Squadron One. ture decisions; and graph (1) shall be submitted in unclassified (C) A description of the equipment stored (4) the Secretary of Homeland Security form, but may include a classified annex. in the stockpiles of the Marine Corps should maintain the recapitalization plans SEC. 1014. QUARTERLY REPORTS ON USE OF Prepositioning Program–Norway, and an as- for the Coast Guard as a priority in all fu- FUNDS IN THE DRUG INTERDICTION sessment of the differences, if any, between ture force structure decisions. AND COUNTER-DRUG ACTIVITIES, that equipment and the equipment of a Mari- SEC. 1024. NOTICE TO CONGRESS FOR THE RE- DEFENSE-WIDE ACCOUNT. time Prepositioning Ship squadron. VIEW OF PROPOSALS TO NAME (a) QUARTERLY REPORTS ON EXPENDITURES (D) A description and assessment of the NAVAL VESSELS. OF FUNDS.—Not later than 60 days after the current age and state of maintenance of the (a) FINDINGS.—Congress makes the fol- end of each fiscal year quarter, the Secretary equipment of the Marine Corps Maritime lowing findings: of Defense shall submit to the congressional Prepositioning Program–Norway. (1) The Navy traces its ancestry to October defense committees a report setting forth a (E) A plan to address the equipment short- 13, 1775, when an Act of the Continental Con- description of the expenditure of funds, by ages and modernization needs of the Marine gress authorized the first vessel of a navy for project code, from the Drug Interdiction and Corps Maritime Prepositioning Program– the United Colonies. Vessels of the Conti- Counter-Drug Activities, Defense-wide ac- Norway. nental Navy were named for early patriots count during such fiscal year quarter, in- (b) LIMITATION ON AVAILABILITY OF and military heroes, Federal institutions, co- cluding expenditures of funds in direct or in- FUNDS.—Amounts authorized to be appro- lonial cities, and positive character traits direct support of the counter-drug activities priated by this Act may not be obligated or representative of naval and military virtues. of foreign governments. expended to terminate a Maritime (2) An Act of Congress on March 3, 1819, (b) INFORMATION ON SUPPORT OF COUNTER- Prepositioning Ship squadron until the date made the Secretary of the Navy responsible DRUG ACTIVITIES OF FOREIGN GOVERNMENTS.— of the submittal to the congressional defense for assigning names to vessels of the Navy. The information in a report under subsection committees of the report required by sub- Traditional sources for vessel names custom- (a) on direct or indirect support of the section (a). arily encompassed such categories as geo- counter-drug activities of foreign govern- SEC. 1023. SENSE OF CONGRESS ON RECAPITAL- graphic locations in the United States; his- ments shall include, for each foreign govern- IZATION FOR THE NAVY AND COAST toric sites, battles, and ships; naval and mili- ment so supported, the following: GUARD. tary heroes and leaders; and noted individ- (1) The total amount of assistance provided (a) FINDINGS.—Congress makes the fol- uals who made distinguished contributions to, or expended on behalf of, the foreign gov- lowing findings: to United States national security. ernment. (1) More than 70 percent of the world’s sur- (3) These customs and traditions provide (2) A description of the types of counter- face is comprised of navigable oceans. appropriate and necessary standards for the drug activities conducted using the assist- (2) More than 80 percent of the population naming of vessels of the Navy. ance. of the world lives within 100 miles of an (b) NOTICE TO CONGRESS.—Section 7292 of (3) An explanation of the legal authority ocean. title 10, United States Code, is amended by under which the assistance was provided. (3) More than 90 percent of the world’s adding at the end the following new sub- (c) CESSATION OF REQUIREMENT.—No report commerce traverses an oceans. section: shall be required under subsection (a) for any (4) The national security of the United ‘‘(d)(1) The Secretary of the Navy may not fiscal year quarter beginning on or after Oc- States is inextricably linked to the mainte- announce or implement any proposal to tober 1, 2017. nance of global freedom of access for both name a vessel of the Navy until 30 days after (d) REPEAL OF OBSOLETE AUTHORITY.—Sec- the strategic and commercial interests of the the date on which the Secretary submits to tion 1022 of the Floyd D. Spence National De- United States. the Committees on Armed Services of the

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Senate and the House of Representatives a ‘‘(1) NATIONAL MILITARY STRATEGY.—(A) seas contingency operations, and other report setting forth such proposal. The Chairman shall determine each even- major combat operations under the strategy. ‘‘(2) Each report under this subsection numbered year whether to prepare a new Na- ‘‘(xi) Identify the assumptions made with shall describe the justification for the pro- tional Military Strategy in accordance with respect to each of clauses (i) through (x). posal covered by such report in accordance this subparagraph or to update a strategy ‘‘(E) Each update to a National Military with the standards referred to in section previously prepared in accordance with this Strategy under this paragraph shall address 1024(a) of the National Defense Authorization subsection. The Chairman shall complete only those parts of the most recent National Act for Fiscal Year 2013.’’. preparation of the National Military Strat- Military Strategy for which the Chairman (c) EFFECTIVE DATE.—This section and the egy or update in time for transmittal to Con- determines, on the basis of a comprehensive amendment made by this section shall go gress pursuant to paragraph (3), including in review conducted in conjunction with the into effect on the date that is 30 days after time for inclusion of the report of the Sec- other members of the Joint Chiefs of Staff the date of the enactment of this Act. retary of Defense, if any, under paragraph and the commanders of the combatant com- Subtitle D— Counterterrorism (4). mands, that a modification is needed. ‘‘(B) Each National Military Strategy (or ‘‘(2) RISK ASSESSMENT.—(A) The Chairman SEC. 1031. EXTENSION OF CERTAIN PROHIBI- TIONS AND REQUIREMENTS RELAT- update) under this paragraph shall be based shall prepare each year an assessment of the ING TO DETAINEES AT UNITED on a comprehensive review conducted by the risks associated with the most current Na- STATES NAVAL STATION, GUANTA- Chairman in conjunction with the other tional Military Strategy (or update) under NAMO BAY, CUBA. members of the Joint Chiefs of Staff and the paragraph (1). The risk assessment shall be (a) PROHIBITION ON USE OF FUNDS TO CON- commanders of the unified and specified known as the ‘Risk Assessment of the Chair- STRUCT OR MODIFY FACILITIES IN US FOR combatant commands. man of the Joint Chiefs of Staff’. The Chair- TRANSFER OF DETAINEES.—Section 1026(a) of ‘‘(C) Each National Military Strategy (or man shall complete preparation of the Risk the National Defense Authorization Act for update) submitted under this paragraph shall Assessment in time for transmittal to Con- Fiscal Year 2012 (Public Law 112–81; 125 Stat. refer to and support each of the following: gress pursuant to paragraph (3), including in 1566) is amended by inserting ‘‘or 2013’’ after ‘‘(i) The most recent National Security time for inclusion of the report of the Sec- ‘‘fiscal year 2012’’. Strategy prescribed by the President pursu- retary of Defense, if any, under paragraph (b) REQUIREMENTS FOR CERTIFICATIONS ON ant to section 108 of the National Security (4). TRANSFERS OF DETAINEES TO FOREIGN COUN- Act of 1947 (50 U.S.C. 404a). ‘‘(B) The Risk Assessment shall do the fol- TRIES OR ENTITIES.—Section 1028(a)(1) of the ‘‘(ii) The most recent annual report of the lowing: National Defense Authorization Act for Fis- Secretary of Defense submitted to the Presi- ‘‘(i) As the Chairman considers appro- cal Year 2012 (125 Stat. 1567; 10 U.S.C. 801 dent and Congress pursuant to section 113 of priate, update any changes to the strategic note) is amended by inserting ‘‘or 2013’’ after this title. environment, threats, objectives, force plan- ‘‘fiscal year 2012’’. ‘‘(iii) The most recent Quadrennial Defense ning and sizing constructs, assessments, and SEC. 1032. PROHIBITION ON USE OF FUNDS FOR Review conducted by the Secretary of De- assumptions in the National Military Strat- THE TRANSFER OR RELEASE OF IN- fense pursuant to section 118 of this title. egy. DIVIDUALS FROM UNITED STATES ‘‘(iv) Any other national security or de- ‘‘(ii) Identify and define the strategic risks NAVAL STATION, GUANTANAMO BAY, fense strategic guidance issued by the Presi- to United States interests and the military CUBA. dent or the Secretary of Defense. risks in executing the missions of the Na- No authorized to be appropriated funds ‘‘(D) Each National Military Strategy (or tional Military Strategy. may be used to transfer, release, or assist in update) submitted under this paragraph shall ‘‘(iii) Identify and define levels of risk dis- the transfer or release to or within the do the following: tinguishing between the concepts of prob- United States, its territories, or possessions ‘‘(i) Describe the strategic environment ability and consequences, including an iden- of Khalid Sheikh Mohammed or any other and the opportunities and challenges that af- tification of what constitutes ‘significant’ detainee who— fect United States national interests and risk in the judgment of the Chairman. (1) is not a United States citizen or a mem- United States national security. ‘‘(iv) Identify and assess risk in the Na- ber of the Armed Forces of the United ‘‘(ii) Describe the threats, such as inter- tional Military Strategy by category and States; and national, regional, transnational, hybrid, level and the ways in which risk might mani- (2) is or was held on or after January 20, terrorism, cyber-attack, weapons of mass de- fest itself, including how risk is projected to 2009, at United States Naval Station, Guan- struction, asymmetric challenges, and any increase, decrease, or remain stable over tanamo Bay, Cuba, by the Department of De- other categories of threats identified by the time, and, for each category of risk, assess fense. Chairman, to the United States national se- the extent to which current or future risk in- SEC. 1033. PROHIBITION ON THE INDEFINITE DE- curity. creases, decreases, or is stable as a result of TENTION OF CITIZENS AND LAWFUL ‘‘(iii) Identify the United States national budgetary priorities, tradeoffs, or fiscal con- PERMANENT RESIDENTS. military objectives and the relationship of straints or limitations as currently esti- Section 4001 of title 18, United States Code, those objectives to the strategic environ- mated and applied in the most current fu- is amended— ment and to the threats described under ture-years defense program under section 221 (1) by redesignating subsection (b) as subclause (ii). of this title. section (c); and ‘‘(iv) Identify the operational concepts, ‘‘(v) Identify and assess risk associated (2) by inserting after subsection (a) the fol- missions, tasks, or activities necessary to with the assumptions or plans of the Na- lowing: support the achievement of the objectives tional Military Strategy about the contribu- ‘‘(b)(1) An authorization to use military identified under clause (iii). tions or support of— force, a declaration of war, or any similar ‘‘(v) Identify the fiscal, budgetary, and re- ‘‘(I) other departments and agencies of the authority shall not authorize the detention source environments and conditions that, in United States Government (including their without charge or trial of a citizen or lawful the assessment of the Chairman, impact the capabilities and availability); permanent resident of the United States ap- strategy. ‘‘(II) alliances, allies, and other friendly prehended in the United States, unless an ‘‘(vi) Identify the implications of current nations, (including their capabilities, avail- Act of Congress expressly authorizes such de- force planning and sizing constructs for the ability, and interoperability); and tention. strategy. ‘‘(III) contractors. ‘‘(2) Paragraph (1) applies to an authoriza- ‘‘(vii) Identify and assess the capacity, ca- ‘‘(vi) Identify and assess the critical defi- tion to use military force, a declaration of pabilities, and availability of United States ciencies and strengths in force capabilities war, or any similar authority enacted before, forces (including both the regular and re- (including manpower, logistics, intelligence, on, or after the date of the enactment of the serve components) to support the execution and mobility support) identified during the National Defense Authorization Act For Fis- of missions required by the strategy. preparation and review of the contingency cal Year 2013. ‘‘(viii) Identify areas in which the armed plans of each unified combatant command, ‘‘(3) Paragraph (1) shall not be construed to forces intends to engage and synchronize and identify and assess the effect of such de- authorize the detention of a citizen of the with other departments and agencies of the ficiencies and strengths for the National United States, a lawful permanent resident United States Government contributing to Military Strategy. of the United States, or any other person the execution of missions required by the ‘‘(3) SUBMITTAL OF NATIONAL MILITARY who is apprehended in the United States.’’. strategy. STRATEGY AND RISK ASSESSMENT TO CON- Subtitle E—Miscellaneous Authorities and ‘‘(ix) Identify and assess potential areas in GRESS.—(A) Not later than February 15 of Limitations which the armed forces could be augmented each even-numbered year, the Chairman SEC. 1041. ENHANCEMENT OF RESPONSIBILITIES by contributions from alliances (such as the shall, through the Secretary of Defense, sub- OF THE CHAIRMAN OF THE JOINT North Atlantic Treaty Organization mit to the Committees on Armed Services of CHIEFS OF STAFF REGARDING THE (NATO)), international allies, or other the Senate and the House of Representatives NATIONAL MILITARY STRATEGY. friendly nations in the execution of missions the National Military Strategy or update, if (a) IN GENERAL.—Subsection (b) of section required by the strategy. any, prepared under paragraph (1) in such 153 of title 10, United States Code, is amend- ‘‘(x) Identify and assess the requirements year. ed to read as follows: for contractor support to the armed forces ‘‘(B) Not later than February 15 each year, ‘‘(b) NATIONAL MILITARY STRATEGY.— for conducting training, peacekeeping, over- the Chairman shall, through the Secretary of

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CONGRESS.—(A) In transmitting a National tivities’’ and inserting ‘‘military training ac- (a) IN GENERAL.—Subsection (a) of section Military Strategy (or update) or Risk Assess- tivities’’; and 1081 of the National Defense Authorization ment to Congress pursuant to paragraph (3), (B) by inserting before the period at the Act for Fiscal Year 2012 (Public Law 112–81; the Secretary of Defense shall include in the end the following: ‘‘, and training programs 125 Stat. 1599; 10 U.S.C. 168 note) is amended transmittal such comments of the Secretary sponsored by the Department of State’’; by inserting— thereon, if any, as the Secretary considers (3) by redesignating paragraph (6) as para- (1) in the matter preceding paragraph (1), appropriate. graph (7); and by inserting ‘‘, regional organizations with ‘‘(B) If the Risk Assessment transmitted (4) by inserting after paragraph (5) the fol- defense or security components, and inter- under paragraph (3) in a year includes an as- lowing new paragraph (6): national organizations of which the United sessment that a risk or risks associated with ‘‘(6) A description of any minor military States is a member’’ after ‘‘foreign coun- the National Military Strategy (or update) construction projects for which expenses tries’’; and are significant, or that critical deficiencies were paid, including a justification of the (2) by inserting ‘‘or organization’’ after in force capabilities exist for a contingency benefits of each such project to training ‘‘ministry’’ both places it appears. plan described in paragraph (2)(B)(vi), the under this section.’’. (b) REPORTS.—Subsection (c) of such sec- Secretary shall include in the transmittal of (e) EFFECTIVE DATE.—The amendments tion is amended— the Risk Assessment the plan of the Sec- made by this section shall take effect on the (1) by inserting ‘‘or organizations’’ after retary for mitigating such risk or deficiency. of the enactment of this Act. The amend- ‘‘defense ministries’’ both places it appears; A plan for mitigating risk of deficiency ments made by subsection (d) shall apply and under this subparagraph shall— with respect to any reports submitted under (2) by striking paragraph (7). ‘‘(i) address the risk assumed in the Na- subsection (e) of section 2011 of title 10, (c) CONFORMING AMENDMENT.—The heading tional Military Strategy (or update) con- United States Code (as so amended), after of such section is amended to read as follows: cerned, and the additional actions taken or that date. ‘‘SEC. 1081. AUTHORITY FOR ASSIGNMENT OF CI- planned to be taken to address such risk SEC. 1043. EXTENSION OF AUTHORITY TO PRO- VILIAN EMPLOYEES OF THE DE- using only current technology and force VIDE ASSURED BUSINESS GUARAN- PARTMENT OF DEFENSE AS ADVI- structure capabilities; and TEES TO CARRIERS PARTICIPATING SORS TO FOREIGN MINISTRIES OF ‘‘(ii) specify, for each risk addressed, the IN CIVIL RESERVE AIR FLEET. DEFENSE AND CERTAIN REGIONAL AND INTERNATIONAL ORGANIZA- extent of, and a schedule for expected miti- (a) EXTENSION.—Subsection (k) of section TIONS.’’. gation of, such risk, and an assessment of 9515 of title 10, United States Code, is amend- SEC. 1046. INTERAGENCY COLLABORATION ON the potential for residual risk, if any, after ed by striking ‘‘December 31, 2015’’ and in- UNMANNED AIRCRAFT SYSTEMS. mitigation.’’. serting ‘‘December 31, 2020’’. (a) FINDINGS ON JOINT DEPARTMENT OF DE- (b) CONFORMING AMENDMENT.—Such section (b) APPLICATION TO ALL SEGMENTS OF FENSE FEDERAL AVIATION ADMINISTRATION is further amended by striking subsection CRAF.—Such section is further amended— EXECUTIVE COMMITTEE ON CONFLICT AND DIS- (d). (1) in subsection (a)(3), by striking ‘‘pas- PUTE RESOLUTION.—Section 1036(a) of the SEC. 1042. MODIFICATION OF AUTHORITY ON senger’’; and Duncan Hunter National Defense Authoriza- TRAINING OF SPECIAL OPERATIONS (2) in subsection (j), by striking ‘‘, except tion Act for Fiscal Year 2009 (Public Law FORCES WITH FRIENDLY FOREIGN that it only means such transportation for 110–417; 122 Stat. 4596) is amended by adding FORCES. which the Secretary of Defense has entered at the end the following new paragraph: (a) AUTHORITY TO PAY FOR MINOR MILITARY into a contract for the purpose of passenger ‘‘(9) Collaboration of scientific and tech- CONSTRUCTION IN CONNECTION WITH TRAIN- travel’’. nical personnel and sharing of technical in- ING.—Subsection (a) of section 2011 of title SEC. 1044. PARTICIPATION OF VETERANS IN THE formation, test results, and resources where 10, United States Code, is amended by adding TRANSITION ASSISTANCE PROGRAM available from the Department of Defense, at the end the following new paragraph: OF THE DEPARTMENT OF DEFENSE. the Federal Aviation Administration, and ‘‘(4) Expenses of minor military construc- (a) IN GENERAL.—Each veteran, during the the National Aeronautics and Space Admin- tion directly related to that training with one-year period beginning on the date on istration can advance an enduring relation- such expenses payable from amounts avail- which the veteran is discharged or separated ship of research capability to advance the ac- able to the commander for unspecified minor from service in the Armed Forces, shall be cess of unmanned aircraft systems of the De- military construction, except that— authorized to participate in the Transition partment of Defense, the National Aero- ‘‘(A) the amount of any project for which Assistance Program (TAP) of the Depart- nautics and Space Administration and other such expenses are so payable may not exceed ment of Defense. public agencies to the National Airspace $250,000; and (b) SCOPE OF AUTHORIZED PARTICIPATION.— System.’’. ‘‘(B) the total amount of such expenses so As part of their participation in the Transi- (b) INTERAGENCY COLLABORATION.— paid in any fiscal year may not exceed tion Assistance Program pursuant to this (1) IN GENERAL.—The Secretary of Defense $2,000,000.’’. section, veterans shall be authorized to re- shall collaborate with the Administrator of (b) PURPOSES OF TRAINING.—Subsection (b) ceive the following: the Federal Aviation Administration and the of such section is amended to read as follows: (1) Transition assistance counseling under Administrator of the National Aeronautics ‘‘(b) PURPOSES OF TRAINING.—The purposes the program at any military installation at and Space Administration to conduct re- of the training for which payment may be which transition assistance counseling is search and seek solutions to challenges asso- made under subsection (a) shall be as fol- being provided to members of the Armed ciated with the safe integration of unmanned lows: Forces under the program. aircraft systems into the National Airspace ‘‘(1) To train the special operations forces (2) Ongoing access to the electronic mate- System in accordance with subtitle B of title of the combatant command. rials and information provided as part of the III of the FAA Modernization and Reform ‘‘(2) In the case of a commander of a com- Transition Assistance Program, including Act of 2012 (Public Law 112–95; 126 Stat. 72). batant command having a geographic area of access after the end of the one-year period of (2) ACTIVITIES IN SUPPORT OF PLAN ON AC- responsibility, to train the military forces participation under subsection (a). CESS TO NATIONAL AIRSPACE FOR UNMANNED and other security forces of a friendly for- (c) MEMORANDUM OF UNDERSTANDING.—The AIRCRAFT SYSTEMS.—Collaboration under eign country in a manner consistent with Secretary of Defense and the Secretary of paragraph (1) may include research and de- the Theater Campaign Plan of the com- Veterans Affairs shall enter into a memo- velopment of scientific and technical issues, mander for that geographic area.’’. randum of understanding regarding the par- equipment, and technology in support of the (c) PRIOR APPROVAL.—Subsection (c) of ticipation of veterans in the Transition As- plan to safely accelerate the integration of such section is amended by inserting before sistance Program pursuant to this section. unmanned aircraft systems as required by the period at the end of the second sentence The memorandum of understanding shall subtitle B of title III of the FAA Moderniza- the following: ‘‘, or, in the case of training provide for the access of veterans to military tion and Reform Act of 2012. activities carried out after the date of the installations for purposes of participation in (3) NONDUPLICATIVE EFFORTS.—If the Sec- enactment of the National Defense Author- the Transition Assistance Program and such retary of Defense determines it is in the in- ization Act for Fiscal Year 2013, the approval other matters as such Secretaries jointly terest of the Department of Defense, the Sec- of the Secretary of Defense, in coordination consider appropriate for purposes of this secretary may use existing aerospace-related with the Secretary of State’’. tion. laboratories, personnel, equipment, research (d) REPORTS.—Subsection (e) of such sec- (d) DEFINITIONS.—In this section: radars, and ground facilities of the Depart- tion is amended— (1) The term ‘‘Transition Assistance Pro- ment of Defense to avoid duplication of ef- (1) in paragraph (3)— gram’’ means the program carried out by the forts in carrying out collaboration under (A) by inserting ‘‘or other security’’ after Department of Defense under sections 1142 paragraph (1). ‘‘foreign’’ the first place it appears; and and 1144 of title 10, United States Code. (4) REPORTS.—

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(A) REQUIREMENT.—The Secretary of De- SEC. 1048. ENHANCEMENT OF AUTHORITIES ON SEC. 1050. PROHIBITION ON FUNDS TO ENTER fense, on behalf of the UAS Executive Com- ADMISSION OF DEFENSE INDUSTRY INTO CONTRACTS OR AGREEMENTS mittee, shall annually submit to the con- CIVILIANS TO CERTAIN DEPART- WITH ROSOBORONEXPORT. MENT OF DEFENSE EDUCATIONAL (a) PROHIBITION.—None of the funds author- gressional defense committees, the Com- INSTITUTIONS AND PROGRAMS. mittee on Transportation and Infrastruc- ized to be appropriated by this Act may be (a) NAVY DEFENSE PRODUCT DEVELOPMENT used to enter into a contract, memorandum ture, and the Committee on Science, Space, PROGRAM.—Section 7049(a) of title 10, United of understanding, or cooperative agreement and Technology of the House of Representa- States Code, is amended— with, to make a grant to, or to provide a tives, and the Committee on Commerce, (1) in the second sentence, by inserting ‘‘or loan or loan guarantee to Rosoboronexport. Science, and Transportation of the Senate a professional continuing education certifi- (b) NATIONAL SECURITY WAIVER AUTHOR- report on the progress of research activity of cate’’ after ‘‘master’s degree’’; ITY.—The Secretary of Defense may waive the Department of Defense, including— (2) in the third sentence, by striking ‘‘125 the applicability of subsection (a) if the Sec- (i) progress in accomplishing the goals of such defense industry employees’’ and insert- retary determines that such a waiver is in the unmanned aircraft systems research, de- ing ‘‘250 such defense industry employees’’; the national security interests of the United velopment, and demonstration as related to and States with respect to the capacity of the Af- the Department of Defense Final Report to (3) in the last sentence, by inserting before ghan National Security Forces (ANSF). Congress on Access to National Airspace for the period at the end the following: ‘‘or an Unmanned Aircraft Systems of October 2010, appropriate professional continuing edu- SEC. 1051. SENSE OF CONGRESS ON THE JOINT and any ongoing and collaborative research cation certificate, as applicable’’. WARFIGHTING ANALYSIS CENTER. and development programs with the Federal (b) UNITED STATES AIR FORCE INSTITUTE OF It is the sense of Congress that the Joint Aviation Administration and the National TECHNOLOGY.—Section 9314a(a) of such title Warfighting Analysis Center (JWAC) should Aeronautics and Space Administration and is amended— have adequate resources to meet the con- (ii) estimates of long-term funding needs (1) in paragraph (1), by inserting ‘‘or pro- tinuing requirements of the combatant com- and details of funds expended and allocated fessional continuing education certificate’’ mands. in the budget requests of the President that after ‘‘graduate degree’’; SEC. 1052. TRANSITION ASSISTANCE ADVISOR support integration into the National Air- (2) in paragraph (2), by striking ‘‘125 de- PROGRAM. space. fense industry employees’’ and inserting ‘‘250 (a) PROGRAM AUTHORIZED.— (B) TERMINATION.—The requirement to sub- defense industry employees’’; and (1) IN GENERAL.—Chapter 58 of title 10, mit a report under subparagraph (A) shall (3) in paragraph (3), by inserting before the United States Code, is amended by inserting terminate on the date that is 5 years after period at the end the following: ‘‘or an ap- after section 1144 the following new section: the date of the enactment of this Act. propriate professional continuing education certificate, as applicable’’. ‘‘§ 1144a. Transition Assistance Advisors (c) UAS EXECUTIVE COMMITTEE DEFINED.— ‘‘(a) IN GENERAL.—The Secretary of De- In this section, the term ‘‘UAS Executive SEC. 1049. MILITARY WORKING DOG MATTERS. (a) RETIREMENT OF MILITARY WORKING fense shall establish as part of the Transi- Committee’’ means the National Aeronautics DOGS.— tion Assistance Program (TAP) a Transition and Space and Administration and the De- (1) Section 2583 of title 10, United States Assistance Advisor (TAA) program to pro- partment of Defense–Federal Aviation Ad- Code, is amended— vide professionals in each State to serve as ministration executive committee described (A) by redesignating subsections (f) and (g) statewide points of contact to assist mem- in section 1036(b) of the Duncan Hunter Na- as subsections (g) and (h), respectively; and bers of the armed forces in accessing benefits tional Defense Authorization Act for Fiscal (B) by inserting after subsection (e) the fol- and health care furnished under laws admin- Year 2009 and established by the Secretary of lowing new subsection (f): istered by the Secretary of Defense and bene- Defense and the Administrator of the Fed- ‘‘(f) TRANSFER OF RETIRED MILITARY WORK- fits and health care furnished under laws administered by the Secretary of Veterans Af- eral Aviation Administration. ING DOGS.—If the Secretary of the military department concerned determines that a fairs. (d) AUTHORIZATION OF APPROPRIATIONS.— military working dog should be retired, and ‘‘(b) NUMBER OF ADVISORS.—The Secretary There is hereby authorized to be appro- no suitable adoption is available at the mili- of Defense shall ensure that the minimum priated such sums as may be necessary to tary facility where the dog is located, the number of Transition Assistance Advisors in carry out this section. Secretary may transfer the dog— each State is as follows: ‘‘(1) to the 341st Training Squadron; or ‘‘(1) During the period beginning 180 days SEC. 1047. SENSE OF SENATE ON NOTICE TO CON- ‘‘(2) to another location for adoption under before the commencement of a contingency GRESS ON UNFUNDED PRIORITIES. this section.’’. operation (or, if later, as soon before as is It is the sense of the Senate that— (b) VETERINARY CARE FOR RETIRED MILI- otherwise practicable) and ending 180 days (1) not later than 45 days after the sub- TARY WORKING DOGS.— after the conclusion of such contingency op- mittal to Congress of the budget for a fiscal (1) IN GENERAL.—Chapter 50 of title 10, eration— year under section 1105(a) of title 31, United United States Code, is amended by adding at ‘‘(A) in the case of a State with fewer than States Code, each officer specified in para- the end the following new section: 1,500 members of the Army National Guard graph (2) should, through the Chairman of ‘‘§ 993. Military working dogs: veterinary care of the United States and the Air National the Joint Chiefs of Staff and the Secretary of for retired military working dogs Guard of the United States residing in the Defense, submit to the congressional defense ‘‘(a) IN GENERAL.—The Secretary of De- State, not less than one Transition Assist- committees a list of any priority military fense may establish and maintain a system ance Advisor; and programs or activities under the jurisdiction to provide for the veterinary care of retired ‘‘(B) in the case of a State with 1,500 or of such officer for which, in the estimate of military working dogs. No funds may be pro- more members of the Army National Guard such officer additional funds, if available, vided by the Federal Government for this of the United States and the Air National would substantially reduce operational or purpose. Guard of the United States who reside in programmatic risk or accelerate the cre- ‘‘(b) ELIGIBLE DOGS.—A retired military such State, not less than one Transition As- ation or fielding of a critical military capa- working dog eligible for veterinary care sistance Advisor for each 1,500 members of bility; under this section is any military working the Army National Guard of the United (2) the officers specified in this paragraph dog adopted under section 2583 of this title. States and the Air National Guard of the are— ‘‘(c) STANDARDS OF CARE.—The veterinary United States who reside in such State. (A) the Chief of Staff of the Army; care provided under the system authorized ‘‘(2) At any time not covered by paragraph (B) the Chief of Naval Operations; by this section shall meet such standards as (1)— (C) the Chief of Staff of the Air Force; the Secretary shall establish and from time ‘‘(A) in the case of a State with fewer than (D) the Commandant of the Marine Corps; to time update.’’. 5,000 members of the Army National Guard and (2) CLERICAL AMENDMENT.—The table of of the United States and the Air National (E) the Commander of the United States sections at the beginning of chapter 50 of Guard of the United States residing in the Special Operations Command; and such title is amended by adding at the end State, not less than one Transition Assist- (3) each list, if any, under paragraph (1) the following new item: ance Advisor; and should set forth for each military program or ‘‘993. Military working dogs: veterinary care ‘‘(B) in the case of a State with 5,000 or activity on such list— for retired military working more members of the Army National Guard (A) a description of such program or activ- dogs.’’. of the United States and the Air National ity; (c) RECOGNITION OF SERVICE OF MILITARY Guard of the United States who reside in (B) a summary description of the justifica- WORKING DOGS.—The Secretary of Defense such State, not less than one Transition As- tion for or objectives of additional funds, if may authorize the recognition of military sistance Advisor for each 1,500 members of available for such program or activity; and working dogs that are killed, wounded, or the Army National Guard of the United (C) the additional amount of funds rec- missing in action and military working dogs States and the Air National Guard of the ommended in connection with the justifica- that perform an exceptionally meritorious or United States who reside in such State. tion or objectives described for such program courageous act in service to the United ‘‘(c) DUTIES.—The duties of a Transition or activity under subparagraph (B). States. Assistance Advisor includes the following:

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‘‘(1) To assist with the creation and execu- (B) A retired C–17A aircraft. (c) REPORT REQUIRED.— tion of individual transition plans for mem- (C) a retired C–5A aircraft. (1) IN GENERAL.—Not later than March 1, bers of the National Guard described in sub- (2) An assessment of the current limita- 2013, the Secretary of Defense shall submit section (d)(2) and their families for the re- tions of the aircraft of the Civil Reserve Air to the congressional defense committees a integration of such members into civilian Fleet. report on the results of a cost-benefit anal- life. (3) An assessment of the potential for using ysis on, and on recommendations con- ‘‘(2) To provide employment support serv- the aircraft referred to in paragraph (1) in cerning, the feasibility and advisability of ices to members of the National Guard and the Civil Reserve Air Fleet. establishing a program within the Depart- their families, including assistance with dis- (4) An assessment of the advantages of add- ment of Defense to— covering employment opportunities and ing the aircraft referred to in paragraph (1) (A) recapture fluorescent lighting waste; identifying and obtaining assistance from to the Civil Reserve Air Fleet. and programs within and outside of the Federal (5) An update on the status of any coopera- (B) make such waste available to entities Government. tion between the Federal Aviation Adminis- that have the ability to extract rare earth ‘‘(3) Provide information on relocation, tration and the Department of Defense on phosphors, reprocess and separate them in an health care, mental health care, and finan- the certification of the aircraft referred to in environmentally safe manner, and return cial support services available to members of paragraph (1). them to the domestic rare earth supply the National Guard or their families from (6) A description of all actions required, in- chain. the Department of Defense, the Department cluding any impediments to such actions, to (2) ELEMENTS.—The report required by of Veterans Affairs, and other Federal, offering retired C–5A aircraft or retired C– paragraph (1) shall include analysis of meas- State, and local agencies. 17A aircraft as excess defense articles to ures that could be taken to— ‘‘(4) Provide information on educational United States allies or for sale to Civil Re- (A) provide for the disposal and mitigation support services available to members of the serve Air Fleet carriers. of residual mercury and other hazardous by- National Guard, including Post-9/11 Edu- (7) A description of the actions required for products to be produced by the recycling cational Assistance under chapter 33 of title interested allies or Civil Reserve Air Fleet process; and 38. carriers to take delivery of excess C–5A air- (B) address concerns regarding the poten- ‘‘(d) TRANSITION PLANS.—(1) Each indi- craft or excess C–17A aircraft, including the tial export of heavy rare earth materials ob- vidual plan created under subsection (c)(1) actions, modifications, or demilitarization tained from United States Government for a member of the National Guard de- necessary for such recipients to take deliv- sources to non-allied nations. ery of such aircraft, and provisions for per- scribed in paragraph (2) shall include the fol- SEC. 1065. REPORT ON ESTABLISHMENT OF lowing: mitting such recipients to undertake respon- JOINT ARMED FORCES HISTORICAL ‘‘(A) A plan for the transition of the mem- sibility for such actions, to the maximum ex- STORAGE AND PRESERVATION FA- ber to life in the civilian world, including tent practicable. CILITY. with respect to employment, education, and SEC. 1062. REPEAL OF BIENNIAL REPORT ON THE Not later than 180 days after the date of health care. GLOBAL POSITIONING SYSTEM. the enactment of this Act, the Secretary of ‘‘(B) A description of the transition serv- Section 2281 of title 10, United States Code, Defense shall submit to the congressional de- is amended— ices that the member and the member’s fam- fense committees a report setting forth an (1) by striking subsection (d); and ily will need to achieve their transition ob- assessment of the feasability and advis- (2) by redesignating subsection (e) as sub- jectives, including information on any forms ability of establishing a joint Armed Forces section (d). that such member will need to fill out to be historical storage and preservation facility. eligible for such services. SEC. 1063. REPEAL OF ANNUAL REPORT ON The report shall include a description and as- THREAT POSED BY WEAPONS OF ‘‘(C) A point of contact for each agency or sessment of the current capacities and quali- MASS DESTRUCTION, BALLISTIC ties of the historical storage and preserva- entity that can provide the transition serv- MISSILES, AND CRUISE MISSILES. ices described in subparagraph (B). Section 234 of the National Defense Au- tion facilities of each of the Armed Forces, ‘‘(2) A member of the National Guard de- thorization Act for Fiscal Year 1998 (Public including the following: scribed in this paragraph is any member of Law 105–85; 111 Stat. 1664; 50 U.S.C. 2367) is (1) An identification of any excess capacity the National Guard who has served on active repealed. at any such facility. (2) An identification of any shortfalls in duty in the armed forces for a period of more SEC. 1064. REPORT ON PROGRAM ON RETURN OF than 180 days. RARE EARTH PHOSPHORS FROM DE- the capacity or quality of such facilities of ‘‘(e) FUNDING.—Amounts for the program PARTMENT OF DEFENSE FLUORES- any Armed Force, and a description of pos- established under subsection (a) for a fiscal CENT LIGHTING WASTE TO THE DO- sible actions to address such shortfalls. year shall be derived from amounts author- MESTIC RARE EARTH SUPPLY SEC. 1066. STUDY ON BRADLEY FIGHTING VEHI- ized to be appropriated for operations and CHAIN. CLE INDUSTRIAL BASE. maintenance for the National Guard for that (a) FINDINGS.—Congress makes the fol- (a) IN GENERAL.—Not later than 90 days lowing findings: fiscal year. after the date of the enactment of this Act, (1) In its December 2011 report entitled ‘‘(f) STATE DEFINED.—In this section, the the Secretary of the Army shall conduct a term ‘State’ means each of the several ‘‘Critical Materials Strategy’’, the Depart- study on the Bradley Fighting Vehicle indus- States of the United States, the District of ment of Energy states that the heavy rare trial base. Columbia, and any territory of the United earth phosphors, dysprosium, europium, ter- (b) CONTENT.—The study required under States.’’. bium, and yttrium, are particularly impor- subsection (a) shall— tant given their relative scarcity and their (2) CLERICAL AMENDMENT.—The table of (1) assess the quantitative impacts of a sections at the beginning of chapter 58 of importance to clean energy, energy effi- production break for the Bradley Fighting such title is amended by inserting after the ciency, hybrid and electric vehicles, and ad- Vehicle, including the cost of shutdown com- item relating to section 1144 the following vanced defense systems, among other key pared to the cost of continued production; new item: technologies. and (2) While new sources of production of rare (2) assess the qualitative impacts of a pro- ‘‘1144a. Transition Assistance Advisors.’’. earth elements show promise, these are fo- (b) REPORT.—Not later than 90 days after duction break for the Bradley Fighting Vehi- cused primarily on the light rare earth ele- the date of the enactment of this Act, the cle, including the loss of a specialized work- ments. Secretary of Defense shall submit to Con- force and supplier base. (b) SENSE OF SENATE.—It is the sense of the SEC. 1067. REPORT ON MILITARY RESOURCES gress a report setting forth a description of Senate that— the efforts of the Secretary to implement the NECESSARY TO EXECUTE UNITED (1) the recycling of end-use technologies STATES FORCE POSTURE STRATEGY requirements of section 1144A of title 10, that use rare earth elements can provide IN THE ASIA PACIFIC REGION. United States Code, as added by subsection near-term opportunities to recapture, re- (a) REVIEW REQUIRED.— (a)(1). process, and reuse some of the rare earth ele- (1) IN GENERAL.—The Secretary of Defense Subtitle F—Reports ments contained in them; shall, in consultation with the Chairman of SEC. 1061. REPORT ON STRATEGIC AIRLIFT AIR- (2) fluorescent lighting materials could the Joint Chiefs of Staff, conduct a com- CRAFT. prove to be a promising recyclable source of prehensive review of the national defense Not later than 90 days after the date of the heavy rare earth elements; strategy, force structure, force moderniza- enactment of this Act, the Secretary of De- (3) a cost-benefit analysis would be helpful tion plans, infrastructure, budget plan, and fense shall submit to the congressional de- in determining the viability of a Department other elements of the defense program and fense committees a report that sets forth the of Defense program to recycle fluorescent policies of the United States with regard to following: lighting waste in order to increase its sup- the Asia Pacific region to determine the re- (1) An assessment of the feasibility and ad- plies of heavy rare earth elements; and sources, equipment, and transportation re- visability of obtaining a Federal Aviation (4) the recycling of heavy rare earth ele- quired to meet the strategic and operational Administration certification for commercial ments may be one component of a long term plans of the United States. use of each of the following: strategic plan to address the global demand (2) ELEMENTS.—The review required under (A) A commercial variant of the C–17 air- for such elements, without which such ele- paragraph (1) shall include the following ele- craft. ments could be unnecessarily lost. ments:

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(A) The force structure, force moderniza- (3) FORM.—The report required under para- (b) ELEMENTS.—The study conducted pur- tion plans, infrastructure, budget plan, and graph (1) may be submitted in classified or suant to subsection (a) shall include the fol- other elements of the defense program of the unclassified form. lowing: United States associated with the Asia Pa- SEC. 1068. REPORT ON PLANNED EFFICIENCY INI- (1) An assessment of the effectiveness of cific region that would be required to exe- TIATIVES AT SPACE AND NAVAL high fidelity simulated tactical flight train- cute successfully the full range of missions WARFARE SYSTEMS COMMAND. ing in a sustained gravity environment gen- called for in the national defense strategy. (a) REPORT REQUIRED.—Not later than 90 erally, and, in particular, the effectiveness of (B) An estimate of the timing for initial days after the date of the enactment of this such training in preparing pilots to with- and final operational capability for each unit Act, the Secretary of the Navy shall submit stand and tolerate the high-gravity forces based in, realigned within, or identified for to the congressional defense committees a associated with the operation of high-per- support to the Asia Pacific region. report on plans to implement efficiency ini- formance combat aircraft (commonly re- (C) An assessment of the strategic and tac- tiatives to reduce overhead costs at the ferred to as ‘‘G readiness’’ and ‘‘G toler- tical sea, ground, and air transportation re- Space and Naval Warfare Systems Command ance’’). quired for the forces assigned to the Asia Pa- (SPAWAR), including a detailed description (2) An assessment of the cost savings to be cific region to meet strategic and oper- of the long-term impacts on current and achieved through the use of simulated tac- ational plans. planned future mission requirements. tical flight training in a sustained gravity environment, including cost savings associ- (D) The specific capabilities, including the SEC. 1069. STUDY ON ABILITY OF NATIONAL AIR general number and type of specific military AND GROUND TEST AND EVALUA- ated with operation and maintenance and platforms, their permanent station, and TION INFRASTRUCTURE FACILITIES life cycle savings associated with aircraft planned forward operating locations needed TO SUPPORT DEFENSE HYPERSONIC and airframe usage. to achieve the strategic and warfighting ob- TEST AND EVALUATION ACTIVITIES. (3) An assessment of the safety benefits to jectives identified in the review. (a) STUDY REQUIRED.—The Director of the be achieved through the use of simulated (E) The forward presence, phased deploy- Office of Science and Technology Policy, tactical flight training in a sustained grav- ments, pre-positioning, and other antici- working with the Secretary of Defense and ity environment. patory deployments of manpower or military the Administrator of the National Aero- (4) An identification and assessment of equipment necessary for conflict deterrence nautics and Space Administration (NASA), other benefits to be achieved through the use and adequate military response to antici- shall conduct a study on the ability of De- of simulated tactical flight training in a sus- pated conflicts. partment of Defense and NASA air and tained gravity environment, including bene- (F) The budget plan that would be required ground test and evaluation infrastructure fa- fits relating to physiological research and to provide sufficient resources to execute cilities and private ground test and evalua- benefits relating to reductions in carbon successfully the full range of missions and tion infrastructure facilities, including wind emissions. phased operations in the Asia Pacific region tunnels and air test ranges, as well as associ- (5) An evaluation and comparison of tac- at a low-to-moderate level of risk and any ated instrumentation, to support defense tical flight simulators that could be used for additional resources (beyond those pro- hypersonic test and evaluation activities for simulated tactical flight training in a sus- grammed in the current future-years defense the short and long term. tained gravity environment. program) required to achieve such a level of (b) REPORT AND PLAN.— (6) Such other matters relating to the use risk. (1) IN GENERAL.—Not later than one year of simulated tactical flight training in a sus- (G) Budgetary recommendations that are after the date of the enactment of this Act, tained gravity environment as the Secretary not constrained to comply with and are fully the Secretary of Defense shall submit to the shall specify for purposes of the study. independent of the budget submitted to Con- appropriate congressional committees a re- (c) REPORT.—In providing for study pursu- gress by the President pursuant to section port containing the results of the study re- ant to subsection (a), the Secretary shall re- 1105 of title 31, United States Code. quired under subsection (a) together with a quire the federally funded research and de- (b) CJCS REVIEW.—Upon the completion of plan for requirements and proposed invest- velopment center conducting the study to the review under subsection (a), the Chair- ments to meet Department of Defense needs submit to the Secretary a report on the reman of the Joint Chiefs of Staff shall prepare through 2025. sults of the study, including the matters and submit to the Secretary of Defense the (2) CONTENT.—The report required under specified in subsection (b), by not later than Chairman’s assessment of the review, includ- paragraph (1) shall include the following ele- 18 months after the date of the enactment of ing the Chairman’s assessment of risk and a ments: this Act. (d) TRANSMITTAL TO CONGRESS.—Not later description of the capabilities needed to ad- (A) An assessment of the current condition than 90 days after the submittal to the Sec- dress such risk. and adequacy of the hypersonics test and retary of the report required by subsection evaluation infrastructure within the Depart- (c) REPORT.— (c), the Secretary shall transmit the report ment of Defense, NASA, and the private sec- (1) IN GENERAL.—Not later than one year to the congressional defense committees, to- tor to support hypersonic research and devel- after the date of the enactment of this Act, gether with any comments of the Secretary opment within the Department of Defense. the Secretary of Defense shall submit to the in light of the report and such recommenda- (B) An identification of test and evaluation congressional defense committees a report tions for legislative or administrative action infrastructure that could be used to support on the results of the review required under as the Secretary considers appropriate re- subsection (a). Department of Defense hypersonic research garding the use of simulated tactical flight (2) CONTENT.—The report required under and development outside the Department training in a sustained gravity environment paragraph (1) shall include the following ele- and assess means to ensure the availability in light of the report. of such capabilities to the Department in the ments: SEC. 1069B. REPORT ON DEPARTMENT OF DE- (A) A description of the elements set forth present and future. FENSE SUPPORT FOR UNITED under subsection (a)(1). (C) A time-phased plan to acquire required STATES DIPLOMATIC SECURITY. (B) A description of the assumptions used hypersonics research, development, test and (a) REPORT REQUIRED.—Not later than 180 in the examination, including assumptions evaluation capabilities, including identifica- days after the date of the enactment of this relating to— tion of the resources necessary to acquire Act, the Secretary of Defense shall, in co- (i) the status of readiness of the Armed any needed capabilities that are currently ordination with the Secretary of State, sub- Forces; not available. mit to the Committees on Armed Services of (ii) the cooperation of allies, mission-shar- (3) APPROPRIATE CONGRESSIONAL COMMIT- the Senate and the House of Representatives ing, and additional benefits to and burdens TEES DEFINED.—In this subsection, the term a report on the findings of the ongoing De- on the Armed Forces resulting from coali- ‘‘appropriate congressional committees’’ partment of Defense review of defense sup- tion operations; means— port of United States diplomatic security. (iii) warning times; (A) the Committee on Armed Services and (b) ELEMENTS.—The report required by sub- (iv) levels of engagement in operations the Committee on Commerce, Science, and section (a) shall include, but not be limited other than war and smaller-scale contin- Transportation of the Senate; and to, such findings and recommendations as gencies and withdrawal from such operations (B) the Committee on Armed Services and the Secretaries consider appropriate with re- and contingencies; the Committee on Science, Space, and Tech- spect to the following: (v) the intensity, duration, and military nology of the House of Representatives. (1) Department of Defense authorities, di- and political end-states of conflicts and SEC. 1069A. REPORT ON SIMULATED TACTICAL rectives, and guidelines in support of diplo- smaller-scale contingencies; and FLIGHT TRAINING IN A SUSTAINED matic security. (vi) the roles and responsibilities that GRAVITY ENVIRONMENT. (2) Interagency processes and procedures to would be discharged by contractors. (a) INDEPENDENT STUDY REQUIRED.—The identify, validate, and resource diplomatic (C) Any other matters the Secretary of De- Secretary of Defense shall provide for the security support required from the Depart- fense considers appropriate. conduct by an appropriate federally funded ment of Defense. (D) The assessment of the Chairman of the research and development center (FFRDC) of (3) Department of Defense roles, missions, Joint Chiefs of Staff under subsection (b), in- a study on the effectiveness of simulated tac- and resources required to fulfill require- cluding related comments of the Secretary tical flight training in a sustained gravity ments for United States diplomatic security, of Defense. environment. including, but not limited to the following:

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7531 (A) Marine Corps Embassy Security Guard ‘‘§ 491. Strategic delivery systems SEC. 1072. REQUIREMENTS DEFINITION FOR COMBINED WARHEAD FOR CERTAIN detachments. ‘‘(a) ANNUAL CERTIFICATION.—Beginning in MISSILE SYSTEMS. (B) Training and advising host nation secu- fiscal year 2013, the President shall annually Not later than 60 days after the date of the rity forces for diplomatic security. certify in writing to the congressional de- enactment of this Act, the Nuclear Weapons (C) Intelligence collection to prevent and fense committees whether plans to mod- respond to threats to diplomatic security. Council shall submit Congress a report set- ernize or replace strategic delivery systems ting forth a definition of the requirements (D) Security assessments of diplomatic are fully funded at levels equal to or more missions. for a combined warhead for the W–78 Minute- than the levels set forth in the November man III missile system and the W–88 Trident (E) Support of emergency action planning. 2010 update to the plan referred to in section (F) Rapid response forces to respond to D–5 missile system. The definition shall 1251 of the National Defense Authorization serve as the basis for a 6.1 conception defini- threats to diplomatic security. Act for Fiscal Year 2010 (Public Law 111–84; tion and 6.2 feasibility study for the com- (c) FORM.—The report required by sub- 123 Stat. 2549), including plans regarding— bined systems. section (a) shall be submitted in unclassified ‘‘(1) a heavy bomber and air-launched form, but may include a classified annex. SEC. 1073. CONGRESSIONAL BUDGET OFFICE ES- cruise missile; TIMATE OF COSTS OF NUCLEAR SEC. 1069C. COMPTROLLER GENERAL OF THE ‘‘(2) an intercontinental ballistic missile; WEAPONS AND DELIVERY SYSTEMS. UNITED STATES REPORT ON DE- ‘‘(3) a submarine-launched ballistic mis- Not later than one year after the date of PARTMENT OF DEFENSE SPENDING sile; the enactment of this Act, the Director of FOR CONFERENCES AND CONVEN- ‘‘(4) a ballistic missile submarine; and TIONS. the Congressional Budget Office shall submit ‘‘(5) maintaining the nuclear command and Not later than 180 days after the date of to the congressional defense committees a control system (as first reported in section the enactment of this Act, the Comptroller report setting forth the following: 1043 of the National Defense Authorization General of the United States shall submit to (1) An estimate of the costs over the 10- Act for Fiscal Year 2012 (Public Law 112–81; the congressional defense committees a re- year period beginning on the date of the re- 125 Stat. 1576)). port setting forth an assessment of Depart- port associated with fielding and maintain- ‘‘(b) ADDITIONAL REPORT MATTERS FOL- ment of Defense spending for conferences ing the current nuclear weapons and nuclear LOWING CERTAIN CERTIFICATIONS.—If the and conventions. The report shall include, at weapon delivery systems of the United President certifies under subsection (a) that a minimum, an assessment of the following: States. plans to modernize or replace strategic deliv- (1) The extent to which Department spend- (2) An estimate of the costs over the 10- ery systems are not fully funded, the Presi- ing for conferences and conventions has been year period beginning on the date of the re- dent shall include in the next annual report wasteful or excessive. port of any life extension, modernization, or submitted to Congress under section 1043 of (2) The actions the Department has taken replacement of any current nuclear weapons the National Defense Authorization Act for to control spending for conferences and con- or nuclear weapon delivery systems of the Fiscal Year 2012 the following: ventions, and the efficacy of those actions. United States that is anticipated as of the ‘‘(1) A determination whether or not the (3) Any fees incurred for the cancellation date of the report. lack of full funding will result in a loss of of conferences or conventions and an evalua- SEC. 1074. BRIEFINGS ON DIALOGUE BETWEEN military capability when compared with the tion of the impact of cancelling conferences THE UNITED STATES AND THE RUS- November 2010 update to the plan referred to SIAN FEDERATION ON NUCLEAR and conventions. in section 1251 of the National Defense Au- ARMS, MISSILE DEFENSE, AND Subtitle G—Nuclear Matters thorization Act for Fiscal Year 2010. LONG-RANGE CONVENTIONAL STRIKE SYSTEMS. SEC. 1071. STRATEGIC DELIVERY SYSTEMS. ‘‘(2) If the determination under paragraph (a) BRIEFINGS.—Not later than 60 days after (1) is that the lack of full funding will result (a) FINDINGS.—Congress makes the fol- the date of the enactment of this Act, and in a loss of military capability— lowing findings: not less than twice each year thereafter, the ‘‘(A) a plan to preserve or retain the mili- (1) The Nuclear Posture Review of 2010 President, or the President’s designee, shall tary capability that would otherwise be lost; said, with respect to modernizing the triad, brief the Committees on Foreign Relations or ‘‘for planned reductions under New START, and Armed Services of the Senate on the dia- ‘‘(B) a report setting forth— the United States should retain a smaller logue between the United States and the ‘‘(i) an assessment of the impact of the Triad of SLBMs, ICBMs, and heavy bombers. Russian Federation on issues related to lim- lack of full funding on the strategic delivery Retaining all three Triad legs will best its or controls on nuclear arms, missile de- systems specified in subsection (a); and maintain strategic stability at reasonable fense systems, or long-range conventional cost, while hedging against potential tech- ‘‘(ii) a description of the funding required strike systems. nical problems or vulnerabilities’’. to restore or maintain the capability. (b) SENSE OF THE SENATE ON CERTAIN (2) The Senate stated in Declaration 12 of ‘‘(3) A certification by the President AGREEMENTS.—It is the sense of the Senate the Resolution of Advice and Consent to whether or not the President is committed that any agreement between the United Ratification of the New START Treaty that to accomplishing the modernization and re- States and the Russian Federation related to ‘‘In accordance with paragraph 1 of Article V placement of strategic delivery systems and missile defense, nuclear weapons, or long- of the New START Treaty, which states will meet the obligations concerning nuclear range conventional strike systems obli- that, ‘Subject to the provisions of this Trea- modernization as set forth in declaration 12 gating the United States to reduce or limit ty, modernization and replacement of stra- of the Resolution of Advice and Consent to the Armed Forces or armaments of the tegic offensive arms may be carried out,’ it Ratification of the New START Treaty. United States in any militarily significant is the sense of the Senate that United States ‘‘(c) TREATMENT OF CERTAIN REDUCTIONS.— manner may be made only pursuant to the deterrence and flexibility is assured by a ro- Any certification under subsection (a) shall treaty-making power of the President as set bust triad of strategic delivery vehicles. To not take into account the following: forth in Article II, section 2, clause 2 of the this end, the United States is committed to ‘‘(1) Reductions made to ensure the safety, Constitution of the United States. security, reliability, and credibility of the accomplishing the modernization and re- Subtitle H—Other Matters placement of its strategic nuclear delivery nuclear weapons stockpile and strategic delivery systems, including activities related SEC. 1081. REDESIGNATION OF THE CENTER FOR vehicles, and to ensuring the continued flexi- HEMISPHERIC DEFENSE STUDIES AS bility of United States conventional and nu- to surveillance, assessment, certification, THE WILLIAM J. PERRY CENTER FOR clear delivery systems’’. testing, and maintenance of nuclear war- HEMISPHERIC DEFENSE STUDIES. (3) The Senate required the President, heads and delivery systems. (a) REDESIGNATION.— prior to the entry into force of the New ‘‘(2) Strategic delivery systems that are re- (1) IN GENERAL.—The Center for Hemi- START Treaty, to certify to the Senate that tired or awaiting dismantlement on the date spheric Defense Studies is hereby redesig- the President intended to modernize or re- of the certification under subsection (a). nated as the ‘‘William J. Perry Center for place the triad of strategic nuclear delivery ‘‘(d) DEFINITIONS.—In this section: Hemispheric Defense Studies’’. systems. ‘‘(1) The term ‘New START Treaty’ means (2) REFERENCES.—Any reference in any law, (4) The President made this certification in the Treaty between the United States of regulation, map, document, record, or other a message to the Senate on February 2, 2011, America and the Russian Federation on paper of the United States to the center rein which the President stated, ‘‘I intend to Measures for the Further Reduction and ferred to in paragraph (1) shall be considered (a) modernize or replace the triad of stra- Limitation of Strategic Offensive Arms, to be a reference to the William J. Perry tegic nuclear delivery systems: a heavy signed on April 8, 2010, and entered into force Center for Hemispheric Defense Studies. bomber and air-launched cruise missile, an on February 5, 2011. (b) CONFORMING AMENDMENTS.—Title 10, ICBM, and a nuclear-powered ballistic mis- ‘‘(2) The term ‘strategic delivery system’ United States Code, is amended as follows: sile submarine (SSBN) and SLBM; and (b) means a delivery system for nuclear weap- (1) In section 184— maintain the United States rocket motor in- ons.’’. (A) in subsection (b)(2), by striking sub- dustrial base’’. (2) CLERICAL AMENDMENT.—The table of paragraph (C) and inserting the following (b) REQUIREMENTS.— sections at the beginning of chapter 23 of new subparagraph (C): (1) IN GENERAL.—Chapter 23 of title 10, such title is amended by adding at the end ‘‘(C) The William J. Perry Center for Hemi- United States Code, is amended by adding at the following new item: spheric Defense Studies, established in 1997 the end the following new section: ‘‘491. Strategic delivery systems.’’. and located in Washington, D.C.’’; and

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7532 CONGRESSIONAL RECORD — SENATE December 5, 2012 (B) in subsection (f)(5), by striking ‘‘Center cially in those scientific and technical areas the ‘‘Texas State Strike Force Team’’ and for Hemispheric Defense Studies’’ and insert- that are most vital to the national defense the ‘‘Fully Developed Claims Team Initia- ing ‘‘William J. Perry Center for Hemi- (such as those identified by the Assistant tive’’, is to reduce the backlog of claims spheric Defense Studies’’. Secretary of Defense for Research and Engi- pending in Texas by 17,000 within one year. (2) In section 2611(a)(2), by striking sub- neering and the Armed Forces). (7) During the first two months of these paragraph (C) and inserting the following SEC. 1084. SENSE OF SENATE ON THE MAINTE- new initiatives, the Texas Veterans Commis- new subparagraph (C): NANCE BY THE UNITED STATES OF A sion helped veterans complete development ‘‘(C) The William J. Perry Center for Hemi- TRIAD OF STRATEGIC NUCLEAR DE- of more than 2,500 backlogged claims and as- spheric Defense Studies.’’. LIVERY SYSTEMS. sisted veterans with the submission of more (a) FINDINGS.—The Senate finds the fol- than 800 fully developed claims. SEC. 1082. TECHNICAL AMENDMENTS TO REPEAL lowing: STATUTORY REFERENCES TO (8) In testimony before the Subcommittee UNITED STATES JOINT FORCES (1) The April 2010 Nuclear Posture Review on Disability Assistance and Memorial Af- COMMAND. concluded that even with the reductions fairs of the Committee on Veterans’ Affairs Title 10, United States Code, is amended as specified in the New START Treaty, the of the House of Representatives on Sep- follows: United States should retain a nuclear tember 21, 2012, Diana Rubens, Deputy Under (1)(A) Section 232 is repealed. ‘‘Triad’’ of land-based intercontinental bal- Secretary for Field Operations of the Vet- (B) The table of sections at the beginning listic missiles, submarine-launched ballistic erans Benefits Administration, indicated of chapter 9 is amended by striking the item missiles and nuclear capable heavy bombers, that the Department of Veterans Affairs has relating to section 232. noting that ‘‘[r]etaining all three Triad legs experienced positive outcomes in projects (2) Section 2859(d) is amended— will best maintain strategic stability at rea- with the Texas Veterans Commission, stat- (A) by striking paragraph (2); and sonable cost, while hedging against potential ing that both Veterans Service Organiza- (B) by redesignating paragraph (3) as para- technical problems or vulnerabilities’’. tions ‘‘and state and county service graph (2). (2) The resolution of ratification for the officers...are important partners in (3) Section 10503(13)(B) is amended— New START Treaty, which the Senate ap- VBA’s transformation to better serve Vet- (A) by striking clause (iii); and proved on December 22, 2010, stated that ‘‘it erans.’’. (B) redesignating clause (iv) as clause (iii). is the sense of the Senate that United States (9) At the same hearing, Mr. John Limpose, SEC. 1083. SENSE OF CONGRESS ON NON-UNITED deterrence and flexibility is assured by a ro- director of the regional office of the Depart- STATES CITIZENS WHO ARE GRAD- bust triad of strategic delivery vehicles. To ment of Veterans Affairs in Waco, Texas, tes- UATES OF UNITED STATES EDU- this end, the United States is committed to tified that the ‘‘TVC is working very, very CATIONAL INSTITUTIONS WITH AD- accomplishing the modernization and re- well’’ with regional offices of the Depart- VANCED DEGREES IN SCIENCE, placement of its strategic nuclear delivery TECHNOLOGY, ENGINEERING, AND ment in Texas, calling the Texas Veterans vehicles, and to ensuring the continued flexi- Commission a ‘‘very positive story that we MATHEMATICS. bility of United States conventional and nu- (a) FINDINGS.—Congress makes the fol- can branch out into...all of our stake- clear delivery systems’’. holders.’’. lowing findings: (3) In a message to the Senate on February (1) It is a national security concern that 2, 2011, President Obama certified that he in- (b) REPORT.— more than half of all graduates with ad- tended to ‘‘modernize or replace the triad of (1) IN GENERAL.—Not later than 60 days vanced scientific and technical degrees from strategic nuclear delivery systems: a heavy after the date of the enactment of this Act, United States institutions of higher edu- bomber and air-launched cruise missile, an the Secretary of Veterans Affairs shall sub- cation are non-United States citizens who ICBM, and a nuclear-powered ballistic mis- mit to Congress a plan to reduce the current have very limited opportunities upon grad- sile submarine (SSBN) and SLBM’’ and to backlog of pending claims for benefits under uation to contribute to the science and tech- ‘‘maintain the United States rocket motor laws administered by the Secretary and nology activities of the Department of De- industrial base’’. more efficiently process claims for such ben- fense and the United States defense indus- (b) SENSE OF SENATE.—It is the sense of the efits in the future. trial base. Senate that— (2) CONTENTS.—The report required by (2) The capabilities of the Armed Forces (1) the United States should maintain a paragraph (1) shall include the following: are highly reliant upon advanced tech- triad of strategic nuclear delivery systems; (A) A summary of all steps the Secretary nologies that provide our forces with a tech- and has taken thus far to partner with non-Fed- nological edge on the battlefield. (2) the United States is committed to mod- eral entities in support of efforts to reduce (3) In order to maintain and advance our ernizing the component weapons and deliv- the backlog described in paragraph (1) and military technological superiority, the ery systems of that triad. more efficiently process claims described in United States requires the best and brightest SEC. 1085. PLAN TO PARTNER WITH STATE AND such paragraph in the future, including two scientists, mathematicians, and engineers to LOCAL ENTITIES TO ADDRESS VET- previous initiatives by the Texas Veterans discover, develop, and field the next genera- ERANS CLAIMS BACKLOG. Commission, namely the 2008–2009 Develop- tion of weapon systems and defense tech- (a) FINDINGS.—Congress makes the fol- ment Assistant Pilot Project and the 2009– nologies. lowing findings: 2011 Claims Processing Assistance Team. (4) The Department of Defense and the de- (1) The Department of Veterans Affairs de- (B) A plan for the Secretary to partner fense industrial base compete with other sec- fines any claim for benefits under laws ad- with non-Federal entities to support efforts tors for a limited number of United States ministered by the Secretary of Veterans Af- to reduce such backlog and more efficiently citizens who have appropriate advanced de- fairs as backlogged if the claim has been process such claims in the future, including grees and skills. pending for 125 days or more. the following: (5) While an overarching national priority (2) According to the Department, as of No- (i) State and local agencies relating to vet- is to increase the numbers of United States vember 24, 2012, there were 899,540 pending erans affairs. citizens who have appropriate advanced de- claims, with 604,583 (67.2 percent) of those (ii) Organizations recognized by the Sec- grees in science, technology, engineering, considered backlogged. retary for the representation of veterans and mathematics (STEM), it would be bene- (3) The Department’s data further shows under section 5902 of title 38, United States ficial if the Department of Defense and the that, on November 22, 2010, there were 749,934 Code. defense industrial base were able to access claims pending, with only 244,129 (32.6 per- (iii) Such other relevant government and the pool of talent of non-United States citi- cent) of those considered backlogged. non-government entities as the Secretary zens with advanced scientific and technical (4) During the past two years, both the considers appropriate. degrees from United States institutions of overall number of backlogged claims and the (C) A description of how the Secretary in- higher education, many of whom are other- percentage of all pending claims that are tends to leverage partnerships with non-Fed- wise returning to their home countries. backlogged have doubled. eral entities described in subparagraph (B) to (b) SENSE OF CONGRESS.—It is the sense of (5) In order to reduce the claims backlog at eliminate such backlog, including through Congress— regional offices of the Department of Vet- increasing the percentage of claims that are (1) that the Department of Defense should erans Affairs located in Texas, the Texas fully developed prior to submittal to the make every reasonable and practical effort Veterans Commission announced two initia- Secretary and ensuring that new claims are to increase the number of United States citi- tives on July 19, 2012, to partner with the De- fully developed prior to their submittal. zens who pursue advanced degrees in science, partment of Veterans Affairs— (D) A description of what steps the Sec- technology, engineering, and mathematics; (A) to assist veterans whose claims are al- retary has taken and will take— and ready backlogged to complete development (i) to expedite the processing of claims (2) to strongly urge the Department of De- of those claims; and that are already fully developed at the time fense to investigate innovative mechanisms (B) to help veterans who are filing new of submittal; and (subject to all appropriate security require- claims to fully develop those claims prior to (ii) to support initiatives by non-Federal ments) to access to the pool of talent of non- filing them, shortening the processing time entities described in subparagraph (B) to United States citizens with advanced sci- required. help claimants gather and submit necessary entific and technical degrees from United (6) The common goal of the two initiatives evidence for claims that were previously States institutions of higher education, espe- of the Texas Veterans Commission, called filed but require further development.

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(E) A description of how partnerships with (b) CORPORATION.—On and after the date of (2) DESCRIPTION OF FEDERAL LAND.—The non-Federal entities described in subpara- enactment of this Act, the National Vet- Federal land referred to in paragraph (1) con- graph (B) will fit into the Secretary’s overall erans Business Development Corporation and sists of— claims processing transformation plan. any successor thereto may not represent (A) the approximately 5,100 acres of land SEC. 1086. SENSE OF THE SENATE ON PROTEC- that the corporation is federally chartered or depicted as ‘‘Parcel 1’’ on the map entitled TION OF DEPARTMENT OF DEFENSE in any other manner authorized by the Fed- ‘‘White Sands Missile Range/Fort Bliss/BLM AIRFIELDS, TRAINING AIRSPACE, eral Government. Land Transfer and Withdrawal’’ and dated AND AIR TRAINING ROUTES. (c) TECHNICAL AND CONFORMING AMEND- April 3, 2012 (referred to in this section as It is the sense of the Senate that— MENTS.— the ‘‘map’’); (1) Department of Defense airfields, train- (1) SMALL BUSINESS ACT.—The Small Busi- (B) the approximately 37,600 acres of land ing airspace, and air training routes are na- ness Act (15 U.S.C. 631 et seq.), as amended depicted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Par- tional treasures that must be protected from by this section, is amended— cel 4’’ on the map; and encroachment; (A) by redesignating sections 34 through 45 (C) any land or interest in land that is ac- (2) placement or emplacement of obstruc- as sections 33 through 44, respectively; quired by the United States within the tions near or on Department of Defense air- (B) in section 9(k)(1)(D) (15 U.S.C. boundaries of the parcels described in sub- fields, training airspace, or air training 638(k)(1)(D)), by striking ‘‘section 34(d)’’ and paragraph (B). routes has the potential of increasing risk to inserting ‘‘section 33(d)’’; (3) LIMITATION.—Notwithstanding para- military aircraft and personnel as well as (C) in section 33 (15 U.S.C. 657d), as so re- graph (1), the land depicted as ‘‘Parcel 4’’ on impacting training and readiness; and designated— the map is not withdrawn for purposes of the (3) the Department of Defense should de- (i) by striking ‘‘section 35’’ each place it issuance of oil and gas pipeline rights-of- velop comprehensive rules and regulations to appears and inserting ‘‘section 34’’; way. address construction and use of land in close (ii) in subsection (a)— (b) RESERVATION.—The Federal land de- proximity to Department of Defense air- (I) in paragraph (2), by striking ‘‘section scribed in subsection (a)(2)(A) is reserved for fields, training areas, or air training routes 35(c)(2)(B)’’ and inserting ‘‘section use by the Secretary of the Army for mili- to ensure compatibility with military air- 34(c)(2)(B)’’; tary purposes in accordance with Public craft operations. (II) in paragraph (4), by striking ‘‘section Land Order 833, dated May 21, 1952 (17 Fed. SEC. 1087. EXTENSION OF AUTHORITIES TO 35(c)(2)’’ and inserting ‘‘section 34(c)(2)’’; and Reg. 4822). (c) TRANSFER OF ADMINISTRATIVE JURISDIC- CARRY OUT A PROGRAM OF REFER- (III) in paragraph (5), by striking ‘‘section RAL AND COUNSELING SERVICES TO TION.—Effective on the date of enactment of 35(c)’’ and inserting ‘‘section 34(c)’’; and VETERANS AT RISK OF HOMELESS- this Act, administrative jurisdiction over NESS WHO ARE TRANSITIONING (iii) in subsection (h)(2), by striking ‘‘sec- the approximately 2,050 acres of land gen- FROM CERTAIN INSTITUTIONS. tion 35(d)’’ and inserting ‘‘section 34(d)’’; erally depicted as ‘‘Parcel 2’’ on the map— Section 2023(d) of title 38, United States (D) in section 34 (15 U.S.C. 657e), as so re- (1) is transferred from the Secretary of the Code, is amended by striking ‘‘September 30, designated— Army to the Secretary of the Interior (act- 2012’’ and inserting ‘‘September 30, 2013’’. (i) by striking ‘‘section 34’’ each place it ing through the Director of the Bureau of SEC. 1088. SENSE OF CONGRESS THAT THE appears and inserting ‘‘section 33’’; and Land Management); and BUGLE CALL COMMONLY KNOWN AS (ii) in subsection (c)(1), by striking section (2) shall be managed in accordance with— TAPS SHOULD BE DESIGNATED AS ‘‘34(c)(1)(E)(ii)’’ and inserting section (A) the Federal Land Policy and Manage- THE NATIONAL SONG OF MILITARY ‘‘33(c)(1)(E)(ii)’’; REMEMBRANCE. ment Act of 1976 (43 U.S.C. 1701 et seq.); and (E) in section 36(d) (15 U.S.C. 657i(d)), as so (B) any other applicable laws. It is the sense of Congress that the bugle redesignated, by striking ‘‘section 43’’ and call commonly known as ‘‘Taps’’ should be (d) LEGAL DESCRIPTION.— inserting ‘‘section 42’’; (1) IN GENERAL.—As soon as practicable designated as the National Song of Military (F) in section 39(d) (15 U.S.C. 657l(d)), as so Remembrance. after the date of enactment of this Act, the redesignated, by striking ‘‘section 43’’ and Secretary of the Interior shall publish in the SEC. 1089. REPORTS ON THE POTENTIAL SECU- inserting ‘‘section 42’’; and RITY THREAT POSED BY BOKO Federal Register a legal description of the HARAM. (G) in section 40(b) (15 U.S.C. 657m(b)), as Federal land withdrawn by subsection (a). so redesignated, by striking ‘‘section 43’’ and (a) DIRECTOR OF NATIONAL INTELLIGENCE (2) FORCE OF LAW.—The legal description inserting ‘‘section 42’’. REPORT.—Not later than 180 days after the published under paragraph (1) shall have the date of the enactment of this Act, the Direc- (2) TITLE 10.—Section 1142(b)(13) of title 10, same force and effect as if included in this tor of National Intelligence shall submit to United States Code, is amended by striking Act, except that the Secretary of the Inte- Congress an intelligence assessment of the ‘‘and the National Veterans Business Devel- rior may correct errors in the legal descrip- Nigerian organization known as Boko opment Corporation’’. tion. Haram. Such assessment shall address the (3) TITLE 38.—Section 3452(h) of title 38, (3) REIMBURSEMENT OF COSTS.—The Sec- following: United States Code, is amended by striking retary of the Army shall reimburse the Sec- (1) The organizational structure, oper- ‘‘any of the’’ and all that follows and insert- retary of the Interior for any costs incurred ational goals, and funding sources of Boko ing ‘‘any small business development center by the Secretary of the Interior in imple- Haram. described in section 21 of the Small Business menting this subsection with regard to the (2) The extent to which Boko Haram Act (15 U.S.C. 648), insofar as such center of- Federal land described in subsection threatens the stability of Nigeria and sur- fers, sponsors, or cosponsors an entrepre- (a)(2)(A). rounding countries. neurship course, as that term is defined in SEC. 1092. TRANSPORT FOR FEMALE GENITAL (3) The extent to which Boko Haram section 3675(c)(2).’’. MUTILATION. threatens the security of citizens of the (4) FOOD, CONSERVATION, AND ENERGY ACT Section 116 of title 18, United States Code, United States or the national security or in- OF 2008.—Section 12072(c)(2) of the Food, Con- is amended by adding at the end the fol- terests of the United States. servation, and Energy Act of 2008 (15 U.S.C. lowing: (4) Any interaction between Boko Haram 636g(c)(2)) is amended by striking ‘‘section 43 ‘‘(d) Whoever knowingly transports from and al-Qaeda in the Islamic Maghreb or of the Small Business Act, as added by this the United States and its territories a person other al-Qaeda affiliates with respect to Act’’ and inserting ‘‘section 42 of the Small in foreign commerce for the purpose of con- operational planning and execution, train- Business Act (15 U.S.C. 657o)’’. duct with regard to that person that would ing, and funding. (5) VETERANS ENTREPRENEURSHIP AND be a violation of subsection (a) if the conduct (5) The capacity of Nigerian security forces SMALL BUSINESS DEVELOPMENT ACT OF 1999.— occurred within the United States, or attempts to do so, shall be fined under this to counter the threat posed by Boko Haram Section 203(c)(5) of the Veterans Entrepre- title or imprisoned not more than 5 years, or and an assessment of the effectiveness of the neurship and Small Business Development both.’’. strategy of the Nigerian government to date. Act of 1999 (15 U.S.C. 657b note) is amended (6) Any intelligence gaps with respect to by striking ‘‘In cooperation with the Na- SEC. 1093. RENEWAL OF EXPIRED PROHIBITION ON RETURN OF VETERANS MEMO- the leadership, operational goals, and capa- tional Veterans Business Development Cor- poration, develop’’ and inserting ‘‘Develop’’. RIAL OBJECTS WITHOUT SPECIFIC bilities of Boko Haram. AUTHORIZATION IN LAW. (b) SECRETARY OF STATE REPORT.—Not SEC. 1091. WHITE SANDS MISSILE RANGE AND (a) CODIFICATION OF PROHIBITION.—Section later than 90 days after the date the report FORT BLISS. 2572 of title 10, United States Code, is amend- required by subsection (a) is submitted to (a) WITHDRAWAL.— ed by adding at the end the following new Congress, the Secretary of State shall sub- (1) IN GENERAL.—Subject to valid existing subsection: mit to Congress a report describing the rights and paragraph (3), the Federal land de- ‘‘(e)(1) Except as provided in paragraph (3), strategy of the United States to counter the scribed in paragraph (2) is withdrawn from— and notwithstanding this section or any threat posed by Boko Haram. (A) entry, appropriation, and disposal other provision of law, the President may SEC. 1090. NATIONAL VETERANS BUSINESS DE- under the public land laws; not transfer a veterans memorial object to a VELOPMENT CORPORATION. (B) location, entry, and patent under the foreign country or an entity controlled by a (a) IN GENERAL.—The Small Business Act mining laws; and foreign government, or otherwise transfer or (15 U.S.C. 631 et seq.) is amended by striking (C) operation of the mineral leasing, min- convey such an object to any person or enti- section 33 (15 U.S.C. 657c). eral materials, and geothermal leasing laws. ty for purposes of the ultimate transfer or

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conveyance of the object to a foreign coun- port of an international agreement to assist (c) CLERICAL AMENDMENT.—The table of try or entity controlled by a foreign govern- in wildfire suppression efforts or for other sections at the beginning of chapter 1 of such ment. purposes approved by the Secretary of Agri- title is amended by inserting after the item ‘‘(2) In this subsection: culture in writing in advance. relating to section 111 the following new ‘‘(A) The term ‘entity controlled by a for- (e) EXPIRATION OF AUTHORITY.—The author- item: eign government’ has the meaning given ity to transfer excess aircraft under sub- ‘‘111A. Transportation of individuals to and that term in section 2536(c)(1) of this title. section (a) shall expire on December 31, 2013. from Department facilities.’’. ‘‘(B) The term ‘veterans memorial object’ SEC. 1095. REAUTHORIZATION OF SALE OF AIR- SEC. 1098. NATIONAL PUBLIC AWARENESS AND means any object, including a physical struc- CRAFT AND PARTS FOR WILDFIRE PARTICIPATION CAMPAIGN FOR ture or portion thereof, that— SUPPRESSION PURPOSES. VETERANS’ HISTORY PROJECT OF ‘‘(i) is located at a cemetery of the Na- Section 2 of the Wildfire Suppression Air- AMERICAN FOLKLIFE CENTER. tional Cemetery System, war memorial, or craft Transfer Act of 1996 (10 U.S.C. 2576 (a) IN GENERAL.—The Director of the military installation in the United States; note) is amended— American Folklife Center at the Library of ‘‘(ii) is dedicated to, or otherwise memori- (1) in subsection (a), by striking ‘‘during Congress shall carry out a national public alizes, the death in combat or combat-re- the period beginning on October 1, 1996, and awareness and participation campaign for lated duties of members of the armed forces; ending on September 30, 2005’’ and inserting the program required by section 3(a) of the and ‘‘during a period specified in subsection (g)’’; Veterans’ Oral History Project Act (20 U.S.C. ‘‘(iii) was brought to the United States (2) by redesignating subsection (g) as sub- 2142(a)). Such campaign shall provide for the from abroad as a memorial of combat section (h); and following: abroad. (3) by inserting after subsection (f) the fol- (1) Encouraging the people of the United ‘‘(3) The prohibition imposed by paragraph lowing new subsection (g): States, veterans organizations, community (1) does not apply to a transfer of a veterans ‘‘(g) PERIODS FOR EXERCISE OF AUTHOR- groups, and national organizations to par- memorial object if— ITY.—The periods specified in this subsection ticipate in such program. ‘‘(A) the transfer of that veterans memo- are the following: (2) Ensuring greater awareness and partici- rial object is specifically authorized by law; ‘‘(1) The period beginning on October 1, pation throughout the United States in such or 1996, and ending on September 30, 2005. program. ‘‘(B) the transfer is made after September ‘‘(2) The period beginning on October 1, (3) Providing meaningful opportunities for 30, 2017.’’. 2012, and ending on September 30, 2017.’’. learning about the experiences of veterans. (b) REPEAL OF OBSOLETE SOURCE LAW.— SEC. 1096. PROTECTION OF VETERANS’ MEMO- (4) Complementing the efforts supporting Section 1051 of the National Defense Author- RIALS. the readjustment and successful reintegra- ization Act for Fiscal Year 2000 (Public Law (a) TRANSPORTATION OF STOLEN MEMO- tion of veterans into civilian life after serv- 106–65; 10 U.S.C. 2572 note) is repealed. RIALS.—Section 2314 of title 18, United States ice in the Armed Forces. SEC. 1094. TRANSFER OF EXCESS AIRCRAFT TO Code, is amended by adding at the end the (b) COORDINATION AND COOPERATION.—To OTHER DEPARTMENTS. following: the degree practicable, the Director shall, in (a) TRANSFER.—Subject to subsection (c), ‘‘In the case of an offense under the first carrying out the campaign required by sub- the Secretary of Defense shall transfer ex- paragraph of this section, if the goods, section (a), coordinate and cooperate with cess aircraft specified in subsection (b) to wares, or merchandise consist of or include a veterans service organizations. the Secretary of Agriculture and the Sec- veterans’ memorial, the requirement of that (c) VETERANS SERVICE ORGANIZATION DE- paragraph that the goods, wares, or mer- retary of Homeland Security for use by the FINED.—In this section, the term ‘‘veterans chandise have a value of $5,000 or more does Forest Service and the United States Coast service organization’’ means any organiza- not apply. In this paragraph, the term ‘vet- Guard. The transfer of any excess aircraft tion recognized by the Secretary of Veterans erans’ memorial’ means a grave marker, under this subsection shall be without reim- Affairs for the representation of veterans headstone, monument, or other object, in- under section 5902 of title 38, United States bursement. tended to permanently honor a veteran or (b) AIRCRAFT.— Code. mark a veteran’s grave, or any monument (1) IN GENERAL.—The aircraft transferred SEC. 1099. TECHNICAL AMENDMENTS RELATING that signifies an event of national military under subsection (a) are aircraft of the De- TO THE TERMINATION OF THE historical significance.’’. partment of Defense that are— ARMED FORCES INSTITUTE OF PA- (b) SALE OR RECEIPT OF STOLEN MEMO- THOLOGY UNDER DEFENSE BASE (A) identified by the Forest Service or the RIALS.—Section 2315 of such title is amended CLOSURE AND REALIGNMENT. United States Coast Guard as a suitable plat- by adding at the end the following: Section 177 of title 10, United States Code, form to carry out their respective missions; ‘‘In the case of an offense under the first is amended— (B) subject to paragraphs (2) and (3), excess paragraph of this section, if the goods, (1) in subsection (a)— to the needs of the Department of Defense, wares, or merchandise consist of or include a (A) in paragraph (2)— as determined by the Secretary of Defense; veterans’ memorial, the requirement of that (i) by striking ‘‘those professional soci- (C) acceptable for use by the Forest Serv- paragraph that the goods, wares, or mer- eties’’ and all that follows through ‘‘the ice, as determined by the Secretary of Agri- chandise have a value of $5,000 or more does Armed Forces Institute of Pathology’’ and culture; and not apply. In this paragraph, the term ‘vet- inserting ‘‘the professional societies and or- (D) acceptable for use by the United States erans’ memorial’ means a grave marker, ganizations that support the activities of the Coast Guard, as determined by the Secretary headstone, monument, or other object, in- American Registry of Pathology’’; and of Homeland Security. tended to permanently honor a veteran or (ii) by striking the second sentence; and (2) LIMITATION ON NUMBER.—The number of mark a veteran’s grave, or any monument (B) in paragraph (3), by striking ‘‘with the aircraft that may be transferred to either that signifies an event of national military concurrence of the Director of the Armed the Secretary of Agriculture or the Sec- historical significance.’’. Forces Institute of Pathology’’; retary of Homeland Security may not exceed SEC. 1097. TRANSPORTATION OF INDIVIDUALS TO (2) in subsection (b)— 12 aircraft. AND FROM FACILITIES OF DEPART- (A) by striking paragraph (1); MENT OF VETERANS AFFAIRS. (3) LIMITATIONS ON DETERMINATION AS EX- (B) by redesignating paragraphs (2), (3), (4), (a) IN GENERAL.—Chapter 1 of title 38, CESS.—Aircraft may not be determined to be and (5) as paragraphs (1), (2), (3), and (4), re- excess for the purposes of this subsection, United States Code, is amended by inserting after section 111 the following new section: spectively; and unless such aircraft are determined to be ex- (C) in paragraph (2), as redesignated by cess in the report referenced by subsection ‘‘§ 111A. Transportation of individuals to and subparagraph (B)— (b) of section 1703 of title XVII of this Act, or from Department facilities (i) by striking ‘‘accept gifts and grants if such aircraft are otherwise prohibited ‘‘(a) TRANSPORTATION BY SECRETARY.—The from and’’; and from being determined excess by law. Secretary may transport any person to or (ii) by inserting ‘‘and accept gifts and (c) PRIORITY IN TRANSFER.—The Secretary from a Department facility or other place in grants from such entities’’ before the semi- of Agriculture and the Secretary of Home- connection with vocational rehabilitation, colon; and land Security shall be afforded equal priority counseling required by the Secretary pursu- (3) in subsection (d), by striking ‘‘to the in the transfer under subsection (a) of excess ant to chapter 34 or 35 of this title, or for the Director’’ and all that follows through ‘‘it aircraft of the Department of Defense speci- purpose of examination, treatment, or deems desirable,’’ and inserting ‘‘annually to fied in subsection (b) before any other de- care.’’. its Board and supporting organizations re- (b) CONFORMING AMENDMENT.—Subsection partment or agency of the Federal Govern- ferred to in subsection (a)(2)’’. ment. (h) of section 111 of such title is— SEC. 1099A. IMPROVED ENUMERATION OF MEM- (d) CONDITIONS OF TRANSFER.—Excess air- (1) transferred to section 111A of such title, BERS OF THE ARMED FORCES IN craft transferred to the Secretary of Agri- as added by subsection (a); ANY TABULATION OF TOTAL POPU- culture under subsection (a)— (2) redesignated as subsection (b); LATION BY SECRETARY OF COM- (1) may be used only for wildfire suppres- (3) inserted after subsection (a) of such sec- MERCE. sion purposes; and tion; and (a) IN GENERAL.—Section 141 of title 13, (2) may not be flown or otherwise removed (4) amended by inserting ‘‘TRANSPORTATION United States Code, is amended— from the United States unless dispatched by BY THIRD-PARTIES.—’’ before ‘‘The Sec- (1) by redesignating subsection (g) as sub- the National Interagency Fire Center in sup- retary’’. section (h); and

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7535 (2) by inserting after subsection (f) the fol- United States Code (article 7(b) of the Uni- ization Act for Fiscal Year 1999 (5 U.S.C. 3104 lowing: form Code of Military Justice)’’ after ‘‘ar- note) is amended by striking ‘‘40’’ and insert- ‘‘(g) Effective beginning with the 2020 de- rest’’; ing ‘‘60’’. cennial census of population, in taking any (B) in subsection (d), by striking ‘‘as a law (b) CONSTRUCTION.—The amendment made tabulation of total population by States, the enforcement officer’’ and inserting ‘‘that by subsection (a) shall not be construed as Secretary shall take appropriate measures to identifies the employee as a police officer or affecting any applicable authorization or de- ensure, to the maximum extent practicable, law enforcement officer of the agency’’; and limitation of the numbers of personnel that that all members of the Armed Forces de- (C) in subsection (f), by inserting ‘‘or ap- may be employed at the Defense Advanced ployed abroad on the date of taking such prehension under section 807(b) of title 10, Research Projects Agency. tabulation are— United States Code (article 7(b) of the Uni- SEC. 1103. ONE-YEAR EXTENSION OF DISCRE- ‘‘(1) fully and accurately counted; and form Code of Military Justice)’’ after ‘‘ar- TIONARY AUTHORITY TO GRANT AL- ‘‘(2) properly attributed to the State in rest’’; and LOWANCES, BENEFITS, AND GRATU- which their residence at their permanent (2) in section 926C— ITIES TO PERSONNEL ON OFFICIAL duty station or homeport is located on such (A) in subsection (c)(2), by inserting ‘‘or DUTY IN A COMBAT ZONE. date.’’. apprehension under section 807(b) of title 10, Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations (b) CONSTRUCTION.—The amendments made United States Code (article 7(b) of the Uni- by subsection (a) shall not be construed to form Code of Military Justice)’’ after ‘‘ar- Act for Defense, the Global War on Terror, affect the residency status of any member of rest’’; and and Hurricane Recovery, 2006 (Public Law the Armed Forces under any provision of law (B) in subsection (d)— 109–234; 120 Stat. 443), as added by section other than title 13, United States Code. (i) in paragraph (1), by striking ‘‘that indi- 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub- SEC. 1099B. STATE CONSIDERATION OF MILITARY cates’’ and inserting ‘‘that identifies the per- lic Law 110–417; 122 Stat. 4616) and amended TRAINING IN GRANTING CERTAIN son as having been employed as a police offi- STATE CERTIFICATIONS AND LI- cer or law enforcement officer and indi- by section 1112 of the National Defense Au- CENSES AS A CONDITION ON THE cates’’; and thorization Act for Fiscal Year 2012 (Public RECEIPT OF FUNDS FOR VETERANS (ii) in paragraph (2)(A), by inserting ‘‘that Law 112–81; 125 Stat. 1616), is further amend- EMPLOYMENT AND TRAINING. identifies the person as having been em- ed by striking ‘‘2013’’ and inserting ‘‘2014’’. (a) IN GENERAL.—Section 4102A(c) of title ployed as a police officer or law enforcement SEC. 1104. FEDERAL EMPLOYEES RETIREMENT 38, United States Code, is amended by adding officer’’ after ‘‘officer’’. SYSTEM AGE AND RETIREMENT at the end the following: TREATMENT FOR CERTAIN RETIR- ‘‘(9)(A) As a condition of a grant or con- SEC. 1099D. MODERNIZATION OF ABSENTEE BAL- EES OF THE ARMED FORCES. LOT MAIL DELIVERY SYSTEM. tract under which funds are made available (a) INCREASE IN MAXIMUM AGE LIMIT FOR It is the sense of Congress that the Depart- to a State in order to carry out section 4103A POSITIONS SUBJECT TO FERS.— ment of Defense should partner with the (1) LAW ENFORCEMENT OFFICERS.—Section or 4104 of this title for any program year, the United States Postal Service (USPS) to mod- 3307(e) of title 5, United States Code, is Secretary may require the State— ernize the USPS mail delivery system to ad- amended— ‘‘(i) to demonstrate that when the State dress problems with the delivery of absentee (A) in paragraph (1), by inserting ‘‘or (3)’’ approves or denies a certification or license ballots and ensure the effective and efficient described in subparagraph (B) for a veteran delivery of such ballots, including through after ‘‘paragraph (2)’’; and the State takes into consideration any train- the establishment of a centralized mail for- (B) by adding at the end the following: ing received or experience gained by the vet- warding system to ensure that blank ballots ‘‘(3) The maximum age limit for an origi- eran while serving on active duty in the are properly redirected. nal appointment to a position as a law enforcement officer (as defined in section Armed Forces; and SEC. 1099E. STATE TRADE AND EXPORT PRO- ‘‘(ii) to disclose to the Secretary in writing MOTION GRANT PROGRAM. 8401(17)) shall be 47 years of age, in the case the following: Section 1207(a)(5) of the Small Business of an individual who on the effective date of ‘‘(I) Criteria applicants must satisfy to re- Jobs Act of 2010 (15 U.S.C. 649b note) is such appointment is eligible to receive receive a certification or license described in amended by inserting after ‘‘Guam,’’ the fol- tired pay or retainer pay for military serv- subparagraph (B) by the State. lowing: ‘‘the Commonwealth of the Northern ice, or pension or compensation from the De- ‘‘(II) A description of the standard prac- Mariana Islands,’’. partment of Veterans Affairs instead of such tices of the State for evaluating training re- TITLE XI—CIVILIAN PERSONNEL retired or retainer pay.’’. ceived by veterans while serving on active MATTERS (2) OTHER POSITIONS.—The maximum age duty in the Armed Forces and evaluating the limit for an original appointment to a posi- SEC. 1101. AUTHORITY FOR TRANSPORTATION OF tion as a member of the Capitol Police or Su- documented work experience of such vet- FAMILY HOUSEHOLD PETS OF CIVIL- erans during such service for purposes of ap- IAN PERSONNEL DURING EVACU- preme Court Police, nuclear materials cou- proving or denying a certification or license ATION OF NON-ESSENTIAL PER- rier (as defined under section 8401(33) of such described in subparagraph (B). SONNEL. title), or customs and border protection offi- ‘‘(III) Identification of areas in which Section 5725 of title 5, United States Code, cer (as defined in section 8401(36) of such training and experience described in sub- is amended— title) shall be 47 years of age, in the case of clause (II) fails to meet criteria described in (1) in subsection (a)(2), by inserting ‘‘and an individual who on the effective date of subclause (I).’’ family household pets,’’ after ‘‘personal ef- such appointment is eligible to receive re- ‘‘(B) A certification or license described in fects,’’; and tired pay or retainer pay for military serv- this subparagraph is any of the following: (2) by adding at the end the following new ice, or pension or compensation from the De- ‘‘(i) A license to be a State tested nursing subsection: partment of Veterans Affairs instead of such assistant or a certified nursing assistant. ‘‘(c)(1) Authority under subsection (a) to retired or retainer pay. ‘‘(ii) A commercial driver’s license. transport family household pets of an em- (b) ELIGIBILITY FOR ANNUITY.—Section ‘‘(iii) An emergency medical technician li- ployee includes authority for shipment and 8412(d) of such title is amended— cense EMT–B or EMT–I. the payment of quarantine costs, if any. (1) in paragraph (1), by striking ‘‘or’’ at the ‘‘(iv) An emergency medical technician– ‘‘(2) An employee for whom transportation end; paramedic license. of family household pets is authorized under (2) in paragraph (2), by adding ‘‘or’’ at the ‘‘(C) The Secretary shall share the infor- subsection (a) may be paid reimbursement or end; and mation the Secretary receives under sub- a monetary allowance if other commercial (3) by inserting after paragraph (2) the fol- paragraph (A)(ii) with the Secretary of De- transportation means have been used. lowing: ‘‘(3) The provision of transportation of fense to help the Secretary of Defense im- ‘‘(3) after becoming 57 years of age and family household pets for an employee of the prove training for military occupational spe- completing 10 years of service as a law en- Department of Defense under subsection (a) cialties so that individuals who receive such forcement officer, member of the Capitol Po- and the payment of reimbursement under lice or Supreme Court Police, nuclear mate- training are able to receive a certification or paragraph (2) shall be subject to the same rials courier, customs or border protection license described in subparagraph (B) from a terms and conditions as apply under sub- officer, or any combination of such service State.’’. section 406(b)(1)(H)(iii) of title 37 with re- FFECTIVE DATE.—The amendment totaling 10 years, if such employee— (b) E spect to family household pets of members of ‘‘(A) is originally appointed to a position made by subsection (a) shall apply with re- the uniformed services, including limitations as a law enforcement officer, member of the spect to a program year beginning on or on the types, size, and number of pets for Capitol Police or Supreme Court Police, nu- after the date of the enactment of this Act. which transportation may be provided or re- clear materials courier, or customs and bor- SECTION 1099C. AMENDMENTS TO LAW EN- imbursement paid.’’. FORCEMENT OFFICER SAFETY PRO- der protection officer on or after the effec- SEC. 1102. EXPANSION OF EXPERIMENTAL PER- VISIONS OF TITLE 18. tive date of this paragraph under section SONNEL PROGRAM FOR SCIENTIFIC Chapter 44 of title 18, United States Code, AND TECHNICAL PERSONNEL AT 1104(e) of the National Defense Authorization is amended— THE DEFENSE ADVANCED RE- Act for Fiscal Year 2013, and (1) in section 926B— SEARCH PROJECTS AGENCY. ‘‘(B) on the date that original appointment (A) in subsection (c)(1), by inserting ‘‘or (a) EXPANSION.—Section 1101(b)(1)(A) of the met the requirements of section 3307(e)(2) of apprehension under section 807(b) of title 10, Strom Thurmond National Defense Author- this title or section 1104(a)(2) of the National

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7536 CONGRESSIONAL RECORD — SENATE December 5, 2012 Defense Authorization Act for Fiscal Year Law 112–81; 125 Stat. 1622), is further amend- section that is otherwise prohibited by any 2013,’’. ed— other provision of law. (c) MANDATORY SEPARATION.—Section 8425 (1) by striking ‘‘September 30, 2013’’ and in- (4) LIMITATIONS ON MINOR MILITARY CON- of such title is amended— serting ‘‘September 30, 2014’’; and STRUCTION.—The total amount that may be (1) in subsection (b)(1), in the first sen- (2) by striking ‘‘fiscal years 2006 through obligated and expended on minor military tence, by inserting ‘‘, except that a law en- 2013’’ and inserting ‘‘fiscal years 2006 through construction under subsection (a) in any fis- forcement officer, nuclear materials courier, 2014’’. cal year may not exceed amounts as follows: or customs and border protection officer eli- (b) MODIFICATION OF NOTICE.— (A) In the case of minor military construc- gible for retirement under section 8412(d)(3) (1) IN GENERAL.—Subsection (e)(2) of such tion under paragraph (1) of subsection (a), shall be separated from the service on the section 1206, as amended by section 1206(a) of $10,000,000. last day of the month in which that em- the John Warner National Defense Author- (B) In the case of minor military construc- ployee becomes 57 years of age’’ before the ization Act for Fiscal Year 2007 (Public Law tion under paragraphs (2) and (3) of sub- period; 109–364; 120 Stat. 2418), is further amended by section (a), $10,000,000. (2) in subsection (c), in the first sentence, adding at the end the following new subpara- (c) FUNDING.— by inserting ‘‘, except that a member of the graph: (1) IN GENERAL.—Of the amount authorized Capitol Police eligible for retirement under ‘‘(D) Detailed information (including the to be appropriated for a fiscal year for the section 8412(d)(3) shall be separated from the amount and purpose) on the assistance pro- Department of Defense for operation and service on the last day of the month in which vided the country during the three preceding maintenance— that employee becomes 57 years of age’’ be- fiscal years under each of the following pro- (A) not more than $75,000,000 may be used fore the period; and grams or accounts: to provide assistance under paragraph (1) of (3) in subsection (d), in the first sentence, ‘‘(i) A program under this section. subsection (a); and by inserting ‘‘, except that a member of the ‘‘(ii) The Foreign Military Financing pro- (B) not more than $75,000,000 may used to Supreme Court Police eligible for retirement gram under the Foreign Assistance Act of provide assistance under paragraphs (2) and under section 8412(d)(3) shall be separated 1961. (3) of subsection (a). from the service on the last day of the ‘‘(iii) Peacekeeping Operations. (2) AVAILABILITY OF FUNDS FOR ASSISTANCE month in which that employee becomes 57 ‘‘(iv) The International Narcotics Control ACROSS FISCAL YEARS.—Amounts available years of age’’ before the period. and Law Enforcement (INCLE) program under this subsection for the authority in (d) COMPUTATION OF BASIC ANNUITY.—Sec- under section 481 of the Foreign Assistance subsection (a) for a fiscal year may be used tion 8415(e) of such title is amended— Act of 1961 (22 U.S.C. 2291). for assistance under that authority that be- (1) by redesignating paragraphs (1) and (2) ‘‘(v) Nonproliferation, Anti-Terrorism, gins in such fiscal year but ends in the next as subparagraphs (A) and (B), respectively; Demining, and Related Programs (NADR).’’. fiscal year. (2) by striking ‘‘The annuity of an em- (2) APPLICABILITY.—The amendment made (d) NOTICE TO CONGRESS.— ployee’’ and inserting ‘‘(1) Except as provided by paragraph (1) shall take effect on the date (1) IN GENERAL.—Not later than 30 days be- in paragraph (2), the annuity of an em- of the enactment of this Act, and shall apply fore providing assistance under subsection ployee’’; and with respect to any country in which activi- (a), the Secretary of Defense shall submit to (3) by adding at the end the following: ties are initiated under section 1206 of the the committees of Congress specified in ‘‘(2)(A) The annuity of an employee retir- National Defense Authorization Act for Fis- paragraph (2) a notice setting forth the as- ing under subsection (d) or (e) of section 8412 cal Year 2006 on or after that date. sistance to be provided, including the types or under subsection (a), (b), or (c) of section SEC. 1202. EXTENSION OF AUTHORITY FOR NON- of such assistance, the budget for such as- 8425 who is an employee described in sub- RECIPROCAL EXCHANGE OF DE- sistance, and the completion date for the paragraph (B) is— FENSE PERSONNEL BETWEEN THE provision of such assistance. ‘‘(i) 1 7/10 percent of that individual’s aver- UNITED STATES AND FOREIGN (2) COMMITTEES OF CONGRESS.—The com- age pay multiplied by so much of such indi- COUNTRIES. mittees of Congress specified in this para- vidual’s civilian service as a law enforce- Section 1207(f) of the National Defense Au- graph are— ment officer, member of the Capitol Police thorization Act for Fiscal Year 2010 (Public (A) the Committee on Armed Services, the or Supreme Court Police, nuclear materials Law 111–84; 123 Stat. 2514; 10 U.S.C. 168 note) Committee on Foreign Relations, and the courier, customs and border protection offi- is amended by striking ‘‘September 30, 2012’’ Committee on Appropriations of the Senate; cer, or air traffic controller that, in the ag- and inserting ‘‘September 30, 2017’’. and gregate, does not exceed 20 years; plus SEC. 1203. AUTHORITY TO BUILD THE CAPACITY (B) the Committee on Armed Services, the ‘‘(ii) 1 percent of that individual’s average OF CERTAIN COUNTERTERRORISM Committee on Foreign Affairs, and the Com- FORCES IN YEMEN AND EAST AFRI- mittee on Appropriations of the House of pay multiplied by the remainder of such in- CA. Representatives. dividual’s total service. (a) AUTHORITY.—The Secretary of Defense (e) EXPIRATION.—Except as provided in sub- ‘‘(B) An employee described in this sub- may, with the concurrence of the Secretary paragraph is an employee who— section (c)(2), the authority provided under of State, provide assistance as follows: subsection (a) may not be exercised after the ‘‘(i) is originally appointed to a position as (1) To enhance the ability of the Yemen a law enforcement officer, member of the earlier of— Ministry of Interior Counter Terrorism (1) the date on which the Global Security Capitol Police or Supreme Court Police, nu- Forces to conduct counterterrorism oper- clear materials courier, or customs and bor- Contingency Fund achieves full operational ations against al Qaeda in the Arabian Pe- capability; or der protection officer on or after the effec- ninsula and its affiliates. tive date of this paragraph under section (2) September 30, 2014. (2) To enhance the capacity of the national SEC. 1204. LIMITATION ON AVAILABILITY OF 1104(e) of the National Defense Authorization military forces, security agencies serving a Act for Fiscal Year 2013; and FUNDS FOR STATE PARTNERSHIP similar defense function, other counterter- PROGRAM. ‘‘(ii) on the date that original appointment rorism forces, and border security forces of (a) LIMITATION.—Of the amounts author- met the requirements of section 3307(e)(2) of Djibouti, Ethiopia, and Kenya to conduct ized to be appropriated by this Act and avail- this title or section 1104(a)(2) of the National counterterrorism operations against al able for the State Partnership Program, not Defense Authorization Act for Fiscal Year Qaeda, al Qaeda affiliates, and al Shabaab. more than 50 percent may be obligated or ex- 2013.’’. (3) To enhance the capacity of national pended for that Program until the latter of (e) EFFECTIVE DATE.—This section (includ- military forces participating in the African the following: ing the amendments made by this section) Union Mission in Somalia to conduct (1) The date on which the Secretary of De- shall take effect 60 days after the date of en- counterterrorism operations against al fense submits to the appropriate congres- actment of this Act and shall apply to ap- Qaeda, al Qaeda affiliates, and al Shabaab. sional committees the final regulations re- pointments made on or after that effective (b) TYPES OF ASSISTANCE.— quired by subsection (a) of section 1210 of the date. (1) AUTHORIZED ELEMENTS.—Assistance National Defense Authorization Act for Fis- TITLE XII—MATTERS RELATING TO under subsection (a) may include the provi- cal Year 2010 (Public Law 111–84; 123 Stat. FOREIGN NATIONS sion of equipment, supplies, training, and 2517; 32 U.S.C. 107 note). Subtitle A—Assistance and Training minor military construction. (2) The date on which the Secretary of De- (2) REQUIRED ELEMENTS.—Assistance under SEC. 1201. EXTENSION OF AUTHORITY TO BUILD fense certifies to the appropriate congres- THE CAPACITY OF FOREIGN MILI- subsection (a) shall be provided in a manner sional committees that appropriate modi- TARY FORCES AND MODIFICATION that promotes— fications have been made, and appropriate OF NOTICE IN CONNECTION WITH (A) observance of and respect for human controls have been instituted, to ensure the INITIATION OF ACTIVITIES. rights and fundamental freedoms; and compliance of the Program with section 1341 (a) EXTENSION.—Subsection (g) of section (B) respect for legitimate civilian author- of title 31, United States Code (commonly re- 1206 of the National Defense Authorization ity in the country receiving such assistance. ferred to as the ‘‘Anti-Deficiency Act’’), in Act for Fiscal Year 2006 (Public Law 109–163; (3) ASSISTANCE OTHERWISE PROHIBITED BY the future. 119 Stat. 3456), as most recent amended by LAW.—The Secretary of Defense may not use (b) APPROPRIATE CONGRESSIONAL COMMIT- section 1204(c) of the National Defense Au- the authority in subsection (a) to provide TEES DEFINED.—In this section, the term thorization Act for Fiscal Year 2012 (Public any type of assistance described in this sub- ‘‘appropriate congressional committees’’ has

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the meaning given that term in subsection (B) by striking ‘‘December 31, 2012’’ and in- (b) LIMITATION ON AMOUNTS AVAILABLE.— (d) of section 1210 of the National Defense serting ‘‘December 31, 2013’’. Subsection (d) of such section, as so amend- Authorization Act for Fiscal Year 2010. SEC. 1214. ONE-YEAR EXTENSION AND MODIFICA- ed, is further amended— Subtitle B—Matters Relating to Iraq, TION OF AUTHORITY FOR PROGRAM (1) by striking ‘‘during fiscal year 2012 may Afghanistan, and Pakistan TO DEVELOP AND CARRY OUT IN- not exceed $1,690,000,000’’ and inserting ‘‘may FRASTRUCTURE PROJECTS IN AF- not exceed $1,750,000,000 during fiscal year SEC. 1211. COMMANDERS’ EMERGENCY RE- GHANISTAN. SPONSE PROGRAM IN AFGHANI- 2013, except that reimbursements made dur- STAN. Section 1217(f) of the Ike Skelton National ing fiscal year 2013 for support provided by (a) ONE-YEAR EXTENSION.— Defense Authorization Act for Fiscal Year Pakistan before May 1, 2011, using funds (1) IN GENERAL.—Section 1201 of the Na- 2011 (Public Law 111–383; 124 Stat. 4393), as available for that purpose before fiscal year tional Defense Authorization Act for Fiscal amended by section 1217(a) of the National 2013 shall not count against this limitation’’; Year 2012 (Public Law 112–81; 125 Stat. 1619) is Defense Authorization Act for Fiscal Year and amended by striking ‘‘fiscal year 2012’’ each 2012 (Public Law 112–81; 125 Stat. 1632), is fur- (2) by adding at the end the following new place it appears and inserting ‘‘fiscal year ther amended— paragraph: 2013’’. (1) by striking paragraph (1) and inserting ‘‘(3) PROHIBITION ON REIMBURSEMENT OF (2) CONFORMING AMENDMENT.—The heading the following new paragraph (1): PAKISTAN FOR SUPPORT DURING PERIODS of subsection (a) of such section is amended ‘‘(1) IN GENERAL.—Subject to paragraph (2), CLOSED TO TRANSSHIPMENT.—Effective as of by striking ‘‘FISCAL YEAR 2012’’ and inserting to carry out the program authorized under the date of the enactment of the National ‘‘FISCAL YEAR 2013’’. subsection (a), the Secretary of Defense may Defense Authorization Act for Fiscal Year (b) AMOUNT OF FUNDS AVAILABLE DURING use amounts as follows: 2013, funds (including funds from a prior fis- FISCAL YEAR 2013.—Subsection (a) of such ‘‘(A) Up to $400,000,000 made available to cal year that remain available for obliga- section is further amended by striking the Department of Defense for operation and tion) may not be used for reimbursements ‘‘$400,000,000’’ and inserting ‘‘$200,000,000’’. maintenance for fiscal year 2012. under the authority in subsection (a) for SEC. 1212. EXTENSION OF AUTHORITY TO SUP- ‘‘(B) Up to $350,000,000 made available to Pakistan for claims of support provided dur- PORT OPERATIONS AND ACTIVITIES the Department of Defense for operation and ing any period when the ground lines of sup- OF THE OFFICE OF SECURITY CO- maintenance for fiscal year 2013.’’; OPERATION IN IRAQ. ply through Pakistan to Afghanistan were (2) in paragraph (2)— closed to the transshipment of equipment (a) LIMITATION ON AMOUNT OF FUNDS FOR (A) by striking ‘‘85 percent’’ and inserting FISCAL YEAR 2013.—Subsection (c) of section and supplies in support of United States ‘‘50 percent’’; military operations in Afghanistan.’’. 1215 of the National Defense Authorization (B) by inserting ‘‘for a fiscal year after fis- (c) SUPPORTED OPERATIONS.—Such section Act for Fiscal Year 2012 (Public Law 112–81; cal year 2011’’ after ‘‘in paragraph (1)’’; and 125 Stat. 1631; 10 U.S.C. 113 note) is amended is further amended in subsections (a)(1) and (C) by striking ‘‘fiscal year 2012.’’ and in- by striking ‘‘in fiscal year 2012’’ and all that (b) by striking ‘‘Operation Iraqi Freedom serting ‘‘such fiscal year, including for each follows and inserting ‘‘may not exceed or’’. project to be initiated during such fiscal amounts as follows: year the following: (d) LIMITATION ON REIMBURSEMENT OF PAKI- ‘‘(1) In fiscal year 2012, $524,000,000. ‘‘(A) An estimate of the financial and other STAN IN FISCAL YEAR 2013 PENDING CERTIFI- ‘‘(2) In fiscal year 2013, $508,000,000.’’. requirements necessary to sustain such CATION ON PAKISTAN.— (b) SOURCE OF FUNDS.—Subsection (d) of (1) IN GENERAL.—Effective as of the date of such section is amended by inserting ‘‘or project on an annual basis after the completion of such project. the enactment of this Act, no amounts au- 2013’’ after ‘‘fiscal year 2012’’. thorized to be appropriated by this Act, and SEC. 1213. ONE-YEAR EXTENSION AND MODIFICA- ‘‘(B) An assessment whether the Govern- ment of Afghanistan is committed to and has no amounts authorized to be appropriated TION OF AUTHORITY TO USE FUNDS for fiscal years before fiscal year 2013 that FOR REINTEGRATION ACTIVITIES IN the capacity to maintain and use such remain available for obligation, may be used AFGHANISTAN. project after its completion. for reimbursements of Pakistan under the (a) SENSE OF THE SENATE.—It is the sense ‘‘(C) A description of any arrangements for of the Senate that— the sustainment of such project following its authority in subsection (a) of section 1233 of (1) the Senate is deeply concerned with the completion if the Government of Afghani- the National Defense Authorization Act for dramatic rise in conflict-induced displace- stan lacks the capacity (in either financial Fiscal Year 2008, as so amended, until the ment in Afghanistan and the corresponding or human resources) to maintain such Secretary of Defense certifies to the congres- increase in humanitarian need, especially as project.’’; and sional defense committees each of the fol- winter approaches; (3) in paragraph (3), by adding at the end lowing: (2) there have been several reports of chil- the following new subparagraph: (A) That Pakistan has opened and is main- dren freezing to death in various refugee set- ‘‘(C) In the case of funds for fiscal year taining security along the ground lines of tlements in Afghanistan during the winter of 2013, until September 30, 2014.’’. supply through Pakistan to Afghanistan for 2011–12; the transshipment of equipment and supplies SEC. 1215. EXTENSION OF PAKISTAN COUNTER- in support of United States military oper- (3) the Bureau of Population, Refugees, and INSURGENCY FUND. ations in Afghanistan. Migration of the Department of State and (a) EXTENSION.—Section 1224(h) of the Na- (B) That Pakistan is not providing support the Special Representative for Afghanistan tional Defense Authorization Act for Fiscal to militant extremists groups (including the and Pakistan should jointly develop a com- Year 2010 (Public Law 111–84; 123 Stat. 2521), Haqqani Network and the Afghan Taliban prehensive strategy to address the displace- as most recently amended by section 1220(a) Quetta Shura) located in Pakistan and con- ment and human suffering referred to in of the National Defense Authorization Act ducting cross-border attacks against United paragraphs (1) and (2), which shall include— for Fiscal Year 2012 (Public Law 112–81; 125 States, coalition, or Afghanistan security (A) an assessment of the capacity of the Stat. 1633), is further amended by striking forces, and is taking actions to prevent such Government of Afghanistan— ‘‘September 30, 2012’’ each place it appears groups from basing and operating in Paki- (i) to prevent, mitigate, and respond to and inserting ‘‘September 30, 2013’’. stan. forced displacement; and (b) EXTENSION OF LIMITATION ON FUNDS (C) That Pakistan is demonstrating a con- (ii) to provide durable solutions for inter- PENDING REPORT.—Section 1220(b)(1)(A) of nally displaced Afghans and Afghan refugees; the National Defense Authorization Act for tinuing commitment, and is making signifi- and Fiscal Year 2012 (125 Stat. 1633) is amended cant efforts toward the implementation of a (B) a coherent plan to strengthen the ca- by striking ‘‘fiscal year 2013’’ and inserting strategy, to counter improvised explosive de- pacity of the Government of Afghanistan to ‘‘fiscal year 2013’’. vices, including efforts to attack improvised address the causes and consequences of dis- explosive device networks, monitor known SEC. 1216. EXTENSION AND MODIFICATION OF precursors used in improvised explosive de- placement within Afghanistan. AUTHORITY FOR REIMBURSEMENT (b) EXTENSION OF AUTHORITY.—Section 1216 OF CERTAIN COALITION NATIONS vices, and develop and implement a strict of the Ike Skelton National Defense Author- FOR SUPPORT PROVIDED TO protocol for the manufacture of explosive ization Act for Fiscal Year 2011 (Public Law UNITED STATES MILITARY OPER- materials (including calcium ammonium ni- 111–383; 124 Stat. 4392), as amended by section ATIONS. trate) and accessories and for their supply to 1216 of the National Defense Authorization (a) EXTENSION OF AUTHORITY.—Subsection legitimate end users. Act for Fiscal Year 2012 (Public Law 112–81; (a) of section 1233 of the National Defense (D) That Pakistan is demonstrably cooper- 125 Stat. 1632), is further amended— Authorization Act for Fiscal Year 2008 (Pub- ating with United States counterterrorism (1) in subsection (a)— lic Law 110–181; 122 Stat. 393), as most re- efforts, including by not detaining, pros- (A) by striking ‘‘$50,000,000’’ and inserting cently amended by section 1213 of the Na- ecuting, or imprisoning citizens of Pakistan ‘‘$35,000,000’’; and tional Defense Authorization Act for Fiscal as a result of their cooperation with such ef- (B) by striking ‘‘in each of fiscal years 2011 Year 2012 (Public Law 112–81; 125 Stat. 1630), forts, including Dr. Shakil Afridi. and 2012’’ and inserting ‘‘for fiscal year 2013’’; is further amended— (2) WAIVER AUTHORITY.—The Secretary may and (1) by striking ‘‘for fiscal year 2012’’ and waive the limitation in paragraph (1) if the (2) in subsection (e)— (2) by inserting ‘‘, during the period ending Secretary certifies to the congressional de- (A) by striking ‘‘utilize funds’’ and insert- on September 30, 2013,’’ after ‘‘Secretary of fense committees in writing that the waiver ing ‘‘obligate funds’’; and Defense may’’. is in the national security interests of the

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7538 CONGRESSIONAL RECORD — SENATE December 5, 2012 United States and includes with such certifi- (1) An assessment of the likely internal (A) By geographic distribution by province. cation a justification for the waiver. and regional security environment for Af- (B) By number of each of low-level insur- SEC. 1217. EXTENSION AND MODIFICATION OF ghanistan over the next decade, including gent fighters, mid-level commanders, and LOGISTICAL SUPPORT FOR COALI- challenges and threats to the security and senior commanders. TION FORCES SUPPORTING CERTAIN sovereignty of Afghanistan from state and (C) By number confirmed to have been part UNITED STATES MILITARY OPER- non-state actors. of the insurgency. ATIONS. (2) An assessment of the strength, force (D) By number who are currently members (a) EXTENSION.—Section 1234 of the Na- structure, force posture, and capabilities re- of the Afghan Local Police. tional Defense Authorization Act for Fiscal quired to make the Afghan National Secu- (E) By number who are participating in or Year 2008 (Public Law 111–181; 122 Stat. 394), rity Forces capable of providing security for have completed vocational training or other as most recently amended by section 1211 of their own country so as to prevent Afghani- educational programs as part of the Pro- the National Defense Authorization Act for stan from ever again becoming a safe haven gram. Fiscal Year 2012 (Public Law 112–81; 125 Stat. for terrorists that threaten Afghanistan, the (7) A description and assessment of the 1629)), is further amended by striking ‘‘fiscal region, and the world. procedures for monitoring the individuals year 2012’’ each place it appears and insert- (3) An assessment of any capability gaps in participating in the Program. ing ‘‘fiscal year 2013’’. the Afghan National Security Forces that (8) A description and assessment of the role (b) REPEAL OF AUTHORITY FOR USE OF are likely to persist after 2014 and that will of women and minority populations in the FUNDS IN CONNECTION WITH IRAQ.— require continued support from the United implementation of the Program. (1) IN GENERAL.—Subsection (a) of such sec- States and its allies. (9) An assessment of the effectiveness of tion 1234, as so amended, is further amended (4) An assessment whether current pro- the activities of the Program described by striking ‘‘Iraq and’’. posals for the resourcing of the Afghan Na- under paragraph (3) in achieving the goals (2) CONFORMING AMENDMENT.—The heading tional Security Forces after 2014 are ade- and objectives of the Program. of such section 1234 is amended by striking quate to establish and maintain long-term (10) Such recommendations as the Sec- ‘‘IRAQ AND’’. security for the Afghanistan people, and im- retary of Defense considers appropriate for SEC. 1218. STRATEGY FOR SUPPORTING THE plications of the under-resourcing of the Af- improving the implementation, oversight, ACHIEVEMENT OF A SECURE PRESI- ghan National Security Forces for United and effectiveness of the Program. DENTIAL ELECTION IN AFGHANI- States national security interests. (c) APPROPRIATE COMMITTEES OF CONGRESS STAN IN 2014. (d) REPORT.—Not later than one year after DEFINED.—In this section, the term ‘‘appro- (a) STRATEGY REQUIRED.—The Secretary of the date of the enactment of this Act, the priate committees of Congress’’ means— Defense shall, in consultation with the Sec- entity selected for the conduct of the assess- (1) the Committee on Armed Services, the retary of State, develop a strategy to sup- ment required by subsection (a) shall provide Committee on Foreign Relations, and the port the Government of Afghanistan in its to the Secretary and the congressional de- Committee on Appropriations of the Senate; efforts to achieve a secure presidential elec- fense committees a report containing its and tion in Afghanistan in 2014. findings as a result of the assessment. The (2) the Committee on Armed Services, the (b) ELEMENTS.—The strategy shall include report shall be submitted in unclassified Committee on Foreign Affairs, and the Com- support to the Government of Afghanistan form, but may include a classified annex. mittee on Appropriations of the House of for the following: (e) FUNDING.—Of the amounts authorized Representatives. (1) The identification and training of an to be appropriated for fiscal year 2013 by sec- adequate number of personnel within the tion 301 and available for operation and SEC. 1221. COMPLETION OF ACCELERATED TRAN- maintenance for Defense-wide activities as SITION OF UNITED STATES COMBAT current existing end strength of the Afghani- AND MILITARY AND SECURITY OP- stan National Security Forces (ANSF) for se- specified in the funding table in section 4301, ERATIONS TO THE GOVERNMENT OF curity of polling stations, election materials, up to $1,000,000 shall be made available for AFGHANISTAN. and protection of election workers and offi- the assessment required by subsection (a). (a) SENSE OF CONGRESS.—It is the sense of cials. (f) AFGHAN NATIONAL SECURITY FORCES.— Congress that the President should, in co- (2) The recruitment and training of an ade- For purposes of this section, the Afghan Na- ordination with the Government of Afghani- quate number of female personnel in the Af- tional Security Forces shall include all stan, North Atlantic Treaty Organization forces under the authority of the Afghan ghanistan National Security Forces to afford (NATO) member countries, and other allies Ministry of Defense and Afghan Ministry of equitable access to polls for women, secure in Afghanistan, seek to— Interior, including the Afghan National polling stations, and secure locations for (1) undertake all appropriate activities to Army, the Afghan National Police, the Af- counting and storing election materials. accomplish the President’s stated goal of ghan Border Police, the Afghan National transitioning the lead responsibility for se- (3) The securing of freedom of movement Civil Order Police, and the Afghan Local Po- and communications for candidates before lice. curity to the Government of Afghanistan by and during the election. mid-summer 2013; SEC. 1220. REPORT ON AFGHANISTAN PEACE AND (c) FUNDING RESOURCES.—In developing the REINTEGRATION PROGRAM. (2) as part of accomplishing this transition strategy, the Secretary shall identify, from (a) REPORT REQUIRED.—Not later than 120 of the lead responsibility for security to the among funds currently available to the De- days after the date of the enactment of this Government of Afghanistan, draw down partment of Defense for activities in Afghan- Act, the Secretary of Defense shall, in con- United States troops to a level sufficient to istan, the funds required to execute the sultation with the Secretary of State, sub- meet this goal; strategy. mit to the appropriate committees of Con- (3) as previously announced by the Presi- SEC. 1219. INDEPENDENT ASSESSMENT OF THE gress a report on the Afghanistan Peace and dent, continue to draw down United States AFGHAN NATIONAL SECURITY Reintegration Program (APRP). troop levels at a steady pace through the end FORCES. (b) ELEMENTS.—The report required by sub- of 2014; and (a) INDEPENDENT ASSESSMENT REQUIRED.— section (a) shall include the following: (4) end all regular combat operations by The Secretary of Defense shall provide for (1) A description of the goals and objec- United States troops by not later than De- the conduct of an independent assessment of tives of the Afghanistan Peace and Re- cember 31, 2014, and take all possible steps to the strength, force structure, force posture, integration Program. end such operations at the earliest date con- and capabilities required to make the Afghan (2) A description of the structure of the sistent with a safe and orderly draw down of National Security Forces (ANSF) capable of Program at the national and sub-national United States troops in Afghanistan. providing security for their own country so levels in Afghanistan, including the number (b) RULE OF CONSTRUCTION.—Nothing in as to prevent Afghanistan from ever again and types of vocational training and other this section shall be construed to recommend becoming a safe haven for terrorists that education programs. or support any limitation or prohibition on threaten Afghanistan, the region, and the (3) A description of the activities of the any authority of the President— world. Program as of the date of the report. (1) to modify the military strategy, tac- (b) CONDUCT OF ASSESSMENT.—The assess- (4) A description and assessment of the tics, and operations of United States Armed ment required by subsection (a) may, at the procedures for vetting individuals seeking to Forces as such Armed Forces redeploy from election of the Secretary, be conducted by— participate in the Program, including an as- Afghanistan; (1) a Federally-funded research and devel- sessment of the extent to which biometric (2) to authorize United States forces in Af- opment center (FFRDC); or identification systems are used and the role ghanistan to defend themselves whenever (2) an independent, non-governmental in- of provincial peace councils in such proce- they may be threatened; stitute described in section 501(c)(3) of the dures. (3) to attack Al Qaeda forces wherever such Internal Revenue Code of 1986 and exempt (5) The amount of funding provided by the forces are located; from tax under section 501(a) of such Code United States, and by the international com- (4) to provide financial support and equip- that has recognized credentials and expertise munity, to support the Program, and the ment to the Government of Afghanistan for in national security and military affairs ap- amount of funds so provided that have been the training and supply of Afghanistan mili- propriate for the assessment. distributed as of the date of the report. tary and security forces; or (c) ELEMENTS.—The assessment required by (6) An assessment of the individuals who (5) to gather, provide, and share intel- subsection (a) shall include, but not be lim- have been reintegrated into the Program, set ligence with United States allies operating ited to, the following: forth in terms as follows: in Afghanistan and Pakistan.

VerDate Mar 15 2010 04:42 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7539 SEC. 1222. SENSE OF CONGRESS COMMENDING (12) On July 4, 2012, the Enduring Strategic ghanistan to defeat the al Qaeda threat and THE ENDURING STRATEGIC PART- Partnership Agreement entered into force. the Taliban, which harbored al Qaeda in Af- NERSHIP AGREEMENT BETWEEN (b) SENSE OF CONGRESS.—It is the sense of ghanistan, where the attacks of September THE UNITED STATES AND AFGHANI- Congress that— 11, 2001, were planned and where the STAN. (1) the members of the United States attackers received training. (a) FINDINGS.—Congress makes the fol- Armed Forces, intelligence community, and (3) On May 1, 2012, the United States en- lowing findings: diplomatic and development community of tered into the ‘‘Enduring Strategic Partner- (1) The United States and Afghanistan the United States are to be commended for ship Agreement Between the United States have been allies in the conflict against al their dedicated efforts and sacrifices in sup- of America and the Islamic Republic of Af- Qaeda and its affiliates for over a decade, port of military and stability operations in ghanistan’’, which establishes an enduring with the shared goal of ensuring that Af- Afghanistan that have helped strengthen se- strategic partnership between the United ghanistan is never again a sanctuary for al curity in Afghanistan, laid the foundation States and the Islamic Republic of Afghani- Qaeda. for transition to a long-term partnership be- stan. (2) The United States and Afghanistan are tween the United States and a sovereign Af- (4) The Agreement reaffirms the presence committed to the framework agreed to at ghanistan, and supported the Government and operations of United States Armed and people of Afghanistan as they continue the North Atlantic Treaty Organization Forces in Afghanistan, and establishes long- to build their capacity to effectively and (NATO) Summit in Lisbon in 2010, and re- term commitments between the two coun- justly govern; affirmed at the NATO Summit in Chicago in tries, including the continued commitment (2) the United States negotiating team for 2012, for the transition from coalition forces of United States forces and political and fi- the Enduring Strategic Partnership Agree- nancial support to the Government of Af- to the Afghan National Security Forces of ment, including the United States Embassy ghanistan. lead responsibility for security throughout personnel in Kabul under the leadership of (5) The Agreement also commits the Afghanistan by the end of 2014. Ambassador Ryan Crocker, is to be com- United States to establishing a long-term Bi- (3) In June 2011, President Barack Obama mended for its committed diplomatic efforts; lateral Security Agreement, with the goal of said, ‘‘What we can do, and will do, is build (3) the Governments of the United States concluding a Bilateral Security Agreement a partnership with the Afghan people that and Afghanistan are to be commended for within one year to supersede the present endures—one that ensures that we will be concluding the Enduring Strategic Partner- Status of Forces agreements with the Is- able to continue targeting terrorists and ship Agreement; lamic Republic of Afghanistan. supporting a sovereign Afghan government.’’ (4) Congress supports the objectives and (6) Congress was not consulted regarding (4) In November 2011, a traditional loya principles of the Enduring Strategic Partner- the framework or substance of the Agree- jirga in Kabul declared that ‘‘strategic co- ship Agreement, including protecting and ment. operation with the United States of America, promoting shared democratic values, ad- (7) In the past, Congress has been con- which is a strategic ally of the people and vancing long-term security, reinforcing resulted, and, in some cases, has provided its government of Afghanistan, is considered gional security and cooperation, fostering advice and consent to ratification of such important in order to ensure political, eco- social and economic development, upholding agreements, including those where the use of nomic, and military security’’ and also stat- the rights of women and minorities, and force was not authorized nor required in the ed, ‘‘Signing a strategic cooperation docu- strengthening institutions and governance in country. ment with the United States conforms with Afghanistan; (b) NOTIFICATION REQUIREMENT.—Not later the national interest of Afghanistan and is of (5) it is essential that the Government and than 30 days before entering into any Bilat- significant importance.’’ people of Afghanistan fulfill Afghanistan’s eral Security Agreement or other agreement (5) On May 2, 2012, President Obama and international commitments as agreed at the with the Islamic Republic of Afghanistan President Hamid Karzai signed the Enduring Tokyo Conference of July 2012, the Bonn that will affect the Status of Forces agree- Strategic Partnership Agreement Between Conference of December 2011, the Kabul Con- ments and long-term commitments between the United States of America and the Is- ference of July 2011, and other venues to the United States and the Islamic Republic lamic Republic of Afghanistan. combat corruption, protect the equal rights of Afghanistan, the President shall submit (6) At the signing of the Enduring Stra- of all citizens of Afghanistan and enforce the the agreement to the appropriate congres- tegic Partnership Agreement, President rule of law, hold free and fair elections in sional committees for review. If the Presi- Obama said, ‘‘Today we’re agreeing to be 2014, and build inclusive and effective insti- dent fails to comply with such requirement, long-term partners in combating terrorism, tutions of democratic governance; 50 percent of the unobligated balance of the and training Afghan security forces, (6) a key national security interest of the amounts appropriated or otherwise made strengthening democratic institutions and United States is to maintain a long-term po- available for the Executive Office of the supporting development, and protecting litical, economic, and military relationship President shall be withheld. (c) APPROPRIATE CONGRESSIONAL COMMIT- human rights of all Afghans. With this with Afghanistan, including a limited pres- TEES DEFINED.—In this section, the term agreement, the Afghan people, and the ence of United States Armed Forces for the ‘‘appropriate congressional committees’’ world, should know that Afghanistan has a purpose of training, advising, and supporting means— friend and a partner in the United States.’’ Afghan National Security Forces and cooper- (7) At a May 20, 2012, bilateral meeting (1) the Committee on Armed Services and ating on shared counterterrorism objectives; the Committee on Foreign Relations of the with President Karzai at the NATO Summit (7) the negotiation and conclusion of a Bi- in Chicago, President Obama said that the Senate; and lateral Security Agreement, as called for in (2) the Committee on Armed Services and Enduring Strategic Partnership Agreement the Enduring Strategic Partnership Agree- ‘‘reflects a future in which two sovereign na- the Committee on Foreign Affairs of the ment, will provide a fundamental framework House of Representatives. tions—the United States and Afghanistan— for the long-term security relationship be- SEC. 1224. AUTHORITY TO TRANSFER DEFENSE are operating as partners, to the benefit of tween the United States and Afghanistan; our countries’ citizens, but also for the ben- ARTICLES AND PROVIDE DEFENSE and SERVICES TO THE MILITARY AND SE- efit of peace and security and stability in the (8) Congress has a critical role in con- CURITY FORCES OF AFGHANISTAN region and around the world’’. tinuing to provide the support and assistance AND CERTAIN OTHER COUNTRIES. (8) President Karzai said at the May 20, necessary to achieve the goals of the Endur- (a) NONEXCESS ARTICLES AND RELATED 2012, bilateral meeting with President ing Strategic Partnership Agreement. SERVICES.—The Secretary of Defense may, Obama, ‘‘Mr. President, the partnership that SEC. 1223. CONGRESSIONAL REVIEW OF BILAT- with the concurrence of the Secretary of we signed a few weeks ago in Kabul has ERAL SECURITY AGREEMENT WITH State, transfer nonexcess defense articles turned a new page in our relations. And the AFGHANISTAN. from the stocks of the Department of De- new page is a page of two sovereign countries (a) FINDINGS.—Congress makes the fol- fense, without reimbursement from the gov- working together for the mutual interests— lowing findings: ernment of the recipient country, and pro- peace and security and in all other areas.’’ (1) The Authorization for the Use of Mili- vide defense services in connection with the (9) On May 26, 2012, the Wolesi Jirga, the tary Force (Public Law 107–40; 115 Stat. 224) transfer of such defense articles, as follows: lower house of the Afghan parliament, ap- authorizes the President to use all necessary (1) To the military and security forces of proved the Agreement by a vote of 191–7 with and appropriate force against those nations, Afghanistan to support the efforts of those 2 abstentions. organizations, or persons the President de- forces to restore and maintain peace and se- (10) On June 3, 2012, the Meshrano Jirga, termines planned, authorized, committed, or curity in that country. the upper house of the Afghan parliament, aided the terrorist attacks that occurred on (2) To the military and security forces of approved the Agreement by a vote of 67–13. September 11, 2001, or harbored such organi- Yemen to support the efforts of those forces (11) On July 8, 2012, at the Tokyo Con- zations or persons, in order to prevent any to conduct counterterrorism operations and ference on Afghanistan, the international future acts of international terrorism counter al Qaeda in the Arabian Peninsula. community and the Government of Afghani- against the United States by such nations, (3) To the military and security forces of stan reaffirmed their partnership in the eco- organizations, or persons. Somalia and other countries in the East Af- nomic growth and development of Afghani- (2) President Barack Obama and Secretary rica region to support the efforts of those stan through a process of mutual commit- of Defense Leon Panetta have stated that forces to conduct counterterrorism and ments and accountability. the United States continues to fight in Af- postconflict stability operations in Somalia.

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(b) LIMITATIONS.— (F) An assessment of the ability of the re- (5) EAST AFRICA REGION.—The term ‘‘East (1) VALUE.—The aggregate replacement cipient government to sustain the costs asso- Africa region’’ means Burundi, Djibouti, value of all defense articles transferred and ciated with receiving, possessing, and using Ethiopia, Kenya, Somalia, and Uganda. defense services provided in connection with the defense articles to be transferred. (h) EXPIRATION.—The authority provided in such defense articles under subsection (a) in (G) A determination and certification by subsection (a) may not be exercised after De- any fiscal year may not exceed $250,000,000. the Secretary of Defense that— cember 31, 2014. (2) SOURCE OF TRANSFERRED ARTICLES.—The (i) the proposed transfer of the defense ar- (i) EXCESS DEFENSE ARTICLES.— authority under subsection (a) may only be ticles to be transferred and the provision of (1) ADDITIONAL AUTHORITY.—The authority used for defense articles that— defense services to be provided in connection provided by subsection (a) is in addition to (A) were present in Afghanistan as of the with such transfer is in the national interest the authority provided by section 516 of the date of the enactment of this Act; of the United States; Foreign Assistance Act of 1961. (B) immediately before transfer were in (ii) for the transfer of defense articles (2) EXEMPTIONS.—(A) During fiscal years use to support operations in Afghanistan; under the authority in subsection (a)(1), such 2013 and 2014, the value of excess defense ar- and defense articles are required by the military ticles transferred from the stocks of the De- (C) are no longer required by United States and security forces of Afghanistan to build partment of Defense in Afghanistan to Af- forces in Afghanistan. their capacity to restore and maintain peace ghanistan, Yemen, Somalia, or other coun- (c) APPLICABLE LAW.—Any defense articles and security in that country; tries in the East Africa region pursuant to transferred or defense services provided (iii) for the transfer of defense articles and section 516 of the Foreign Assistance Act of under the authority of subsection (a) shall be provision of defense services under the au- 1961 shall not be counted against the limitation on the aggregate value of excess defense subject to the authorities and limitations thority in subsection (a)(2), the transfer of articles transferred contained in subsection applicable to excess defense articles under such defense articles and provision of such (g) of such section. section 516 of the Foreign Assistance Act of defense services will contribute significantly 1961 (22 U.S.C. 2321j), other than the authori- (B) During fiscal years 2013 and 2014, any to building key capacities of the military ties and limitations in subsections (b)(1)(B), excess defense articles specified in subpara- and security forces of Yemen required to (e), (f), and (g) of such section. graph (A) shall not be subject to the authori- conduct counterterrorism operations and (d) REPORT REQUIRED BEFORE EXERCISE OF ties and limitations applicable to excess de- counter al Qaeda in the Arabian Peninsula; AUTHORITY.— fense articles under section 516 of the For- and (1) IN GENERAL.—The Secretary of Defense eign Assistance Act of 1961 contained in sub- (iv) for the transfer of defense articles and may not exercise the authority under subsections (b)(1)(B) and (e) of such section. provision of defense services under the au- section (a) until 15 days after the Secretary (3) CONSTRUCTION EQUIPMENT.—Notwith- submits to the appropriate committees of thority in subsection (a)(3), the transfer of standing section 644(g) of the Foreign Assist- Congress a report on the equipment and such defense articles and provision of such ance Act of 1961 (22 U.S.C. 2403(g)) and sec- other property of the Department of Defense defense services will contribute significantly tion 2562 of title 10, United States Code, con- in Afghanistan. to building key capabilities of the military struction equipment from the stocks of the and security forces of the recipient country (2) ELEMENTS.—The report required under Department of Defense in Afghanistan may paragraph (1) shall include the following: to conduct counterterrorism and postconflict be transferred as excess defense articles (A) A description of the process for stability operations in Somalia. under section 516 of the Foreign Assistance inventorying equipment and property, in- (f) QUARTERLY REPORTS.— Act of 1961 and subject to the provisions of cluding defense articles, in Afghanistan (1) IN GENERAL.—Not later than 90 days this subsection. after the date of the first transfer of defense owned by the Department of Defense, includ- Subtitle C—Reports ing equipment and property owned by the articles and provision of defense services under the authority in subsection (a), and at SEC. 1231. REVIEW AND REPORTS ON DEPART- Department and under the control of con- MENT OF DEFENSE EFFORTS TO tractors in Afghanistan. the end of each calendar quarter, if any, BUILD THE CAPACITY OF AND PART- (B) An estimate of the types and quantities thereafter through March 31, 2015, in which NER WITH FOREIGN SECURITY of equipment and property of the Depart- the authority in subsection (a) is exercised, FORCES. ment of Defense, including defense articles, the Secretary of Defense shall submit to the (a) REVIEW.— anticipated to be withdrawn from Afghani- appropriate committees of Congress a report (1) IN GENERAL.—Not later than 180 days stan in connection with the drawdown of on the implementation of the authority in after the date of the enactment of this Act, United States military forces from Afghani- subsection (a). Each report shall include the the Defense Policy Board shall conduct a re- stan between the date of the enactment of replacement value of the defense articles view of the efforts of the Department of De- this Act and December 31, 2014, including transferred pursuant to subsection (a), both fense to build the capacity of, or partner equipment and property owned by the De- in the aggregate and by military depart- with, foreign security forces in support of partment and under the control of contrac- ment, and defense services provided to re- national defense and security strategies. tors in Afghanistan. cipient countries, during the 90-day period (2) ELEMENTS.—The review required by this (e) NOTICE ON EXERCISE OF AUTHORITY.— ending on the date of such report. subsection shall include the following: (1) IN GENERAL.—The Secretary of Defense (2) INCLUSION IN OTHER REPORT.—A report (A) An examination of the ways in which may not transfer defense articles or provide required under paragraph (1) may be included the efforts of the Department to build the defense services under subsection (a) until 15 in the report required under section 9204 of capacity of, or partner with, foreign security days after the date on which the Secretary of the Supplemental Appropriations Act, 2008 forces directly support implementation of Defense, with the concurrence of the Sec- (Public Law 110–252; 122 Stat. 2410) or any fol- current national defense and security strate- retary of State, submits to the appropriate low on report to such other report. gies. committees of Congress notice of the pro- (g) DEFINITIONS.—In this section: (B) An assessment of the range of effects posed transfer of defense articles and provi- (1) APPROPRIATE COMMITTEES OF CON- that efforts of the Department to build the sion of defense services. GRESS.—The term ‘‘appropriate committees capacity of, or partner with, foreign security (2) ELEMENTS.—A notice under paragraph of Congress’’ means— forces are designed to achieve in support of (1) shall include the following: (A) the Committee on Armed Services, the current national defense and security strate- (A) A description of the amount and types Committee on Foreign Relations, and the gies. of defense articles to be transferred and de- Committee on Appropriations of the Senate; (C) An assessment of the criteria used for fense services to be provided. and prioritizing such efforts in support of na- (B) A statement describing the current (B) the Committee on Armed Services, the tional defense and security strategies. value of the defense articles to be transferred Committee on Foreign Affairs, and the Com- (D) An identification of the authorities the and the estimated replacement value of such mittee on Appropriations of the House of Department currently uses to implement articles. Representatives. such efforts, together with an assessment of (C) An identification of the element of the (2) DEFENSE ARTICLES.—The term ‘‘defense the adequacy of such authorities. military or security force that is the pro- articles’’ has the meaning given the term in (E) An assessment of the capabilities re- posed recipient of the defense articles to be section 644(d) of the Foreign Assistance Act quired by the Department to implement such transferred and defense service to be proof 1961 (22 U.S.C. 2403(d)). efforts. vided. (3) DEFENSE SERVICES.—The term ‘‘defense (F) An assessment of the most effective (D) An identification of the military de- services’’ has the meaning given the term in distribution of the roles and responsibilities partment from which the defense articles to section 644(f) of the Foreign Assistance Act for such efforts within the Department, to- be transferred are to be drawn. of 1961 (22 U.S.C. 2403(f)). gether with an assessment whether the De- (E) An assessment of the impact, if any, of (4) MILITARY AND SECURITY FORCES.—The partment military and civilian workforce is the transfer of defense articles on the readi- term ‘‘military and security forces’’ means appropriately sized and shaped to meet the ness of units from which the defense articles national armies, national air forces, national requirements of such efforts. are to be transferred, and the plan, if any, navies, national guard forces, police forces, (G) An evaluation of current measures of for mitigating such impact or reimbursing and border security forces, but does not in- the Department for assessing activities of the military department of such units for clude nongovernmental or irregular forces the Department designed to build the capac- such defense articles. (such as private militias). ity of, or partner with, foreign security

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7541 forces, including an assessment whether such ing the reporting period to previous years; information under this paragraph shall in- measures address the extent to which such and clude— activities directly support the priorities of ‘‘(D) details regarding the specific People’s ‘‘(A) the extent of the People’s Republic of national defense and security strategies. Liberation Army; state security; research China’s knowledge, cooperation, or (H) An identification of recommendations and academic; state-owned, associated, or condoning of sales or transfers of military for clarifying or improving the guidance and other commercial enterprises; and other rel- hardware, expertise, or technology to receiv- assessment measures of the Department re- evant actors involved in supporting or con- ing states; lating to its efforts to build the capacity of, ducting cyberwarfare and electronic warfare ‘‘(B) the extent in each selling state of gov- or partner with, foreign security forces in activities and capabilities.’’; ernment knowledge, cooperation, or support of national defense and security (B) by redesignating paragraphs (10), (11), condoning of sales or transfers of military strategies. and (12) as paragraphs (15), (16), and (17) re- hardware, expertise, or technology to the (3) REPORT.—Not later than 90 days after spectively; People’s Republic of China; the completion of the review required by this (C) by inserting after paragraph (9) the fol- ‘‘(C) an itemization of significant sales and subsection, the Secretary of Defense shall lowing new paragraphs: transfers of military hardware, expertise, or submit to the congressional defense commit- ‘‘(10) The strategy and capabilities of Chi- technology that have taken place during the tees a report containing the result of the re- nese space programs, including trends, global reporting period; view. and regional activities, the involvement of ‘‘(D) significant assistance by any selling (b) STRATEGIC GUIDANCE ON DEPARTMENT OF military and civilian organizations, includ- state to key research and development pro- DEFENSE EFFORTS TO BUILD PARTNER CAPAC- ing state-owned enterprises, academic insti- grams in China, including programs for de- ITY AND OTHER PARTNERSHIP INITIATIVES.— tutions, and commercial entities, and efforts velopment of weapons of mass destruction Not later than 120 days after the completion to develop, acquire, or gain access to ad- and delivery vehicles for such weapons, proof the review required by subsection (a), the vanced technologies that would enhance Chi- grams for development of advanced conven- Secretary of Defense shall, in coordination nese military capabilities. tional weapons, and programs for develop- with the Chairman of the Joint Chiefs of ‘‘(11) Developments in China’s nuclear ca- ment of unconventional weapons; Staff, submit to the congressional defense ‘‘(E) significant assistance by the People’s committees a report setting forth the fol- pabilities, which shall include the following: ‘‘(A) The size and state of China’s nuclear Republic of China to the research and devel- lowing: opment programs of purchasing or receiving (1) An assessment, taking into account the stockpile. ‘‘(B) A description of China’s nuclear strat- states, including programs for development recommendations of the Defense Policy of weapons of mass destruction and delivery Board in the review required by subsection egy and associated doctrines. ‘‘(C) A description of the quantity, range, vehicles for such weapons, programs for de- (a), of the efforts of the Department of De- velopment of advanced conventional weap- fense to build the capacity of, and partner payload features, and location of China’s nuclear missiles and the quantity and oper- ons, and programs for development of uncon- with, foreign military forces in support of ventional weapons; national defense and security strategies. ational status of their associated launchers or platforms. ‘‘(F) the extent to which arms sales to or (2) Strategic guidance for the Department from the People’s Republic of China are a for its efforts to build the capacity of, and ‘‘(D) An analysis of China’s efforts to use electromagnetic pulse. source of funds for military research and de- partner with, foreign military forces in sup- velopment or procurement programs in port of national defense and security strate- ‘‘(E) Projections of possible future Chinese nuclear arsenals, their capabilities, and asso- China or the selling state; gies, which guidance shall address— ‘‘(G) a discussion of the ability of the Peo- (A) the ways such efforts directly support ciated doctrines. ‘‘(F) A description of China’s fissile mate- ple’s Liberation Army to assimilate such the goals and objectives of national defense sales or transfers, mass produce new equip- and security strategies; rial stockpile and civil and military production capabilities and capacities. ment, and develop doctrine for use; and (B) the criteria to be used for prioritizing ‘‘(H) a discussion of the potential threat of activities to implement such efforts in sup- ‘‘(G) A discussion of any significant uncertainties or knowledge gaps surrounding Chi- developments related to such sales on the se- port of national defense and security strate- curity interests of the United States and its gies; na’s nuclear weapons program and the potential implications of any such knowledge gaps friends and allies in Asia.’’; and (C) the measures to be used to assess the (2) by amending subsection (d) to read as effects achieved by such efforts and the ex- for the security of the United States and its allies. follows: tent to which such effects support the objec- ‘‘(d) COMBATANT COMMANDER ASSESS- tives of national defense and security strate- ‘‘(12) A description of China’s anti-access and area denial capabilities. MENT.—The report required under subsection gies; (a) shall include an annex, in classified or (D) the appropriate roles and responsibil- ‘‘(13) A description of China’s command, control, communications, computers, intel- unclassified form, that includes an assess- ities of the Armed Forces, the Defense Agen- ment of the Commander of the United States cies, and other components of the Depart- ligence, surveillance, and reconnaissance modernization program and its applications Pacific Command on the following matters: ment in conducting such efforts; and ‘‘(1) Any gaps in intelligence that limit the (E) the relationship of Department work- for China’s precision guided weapons. ‘‘(14) A description of China’s maritime ac- ability of the Commander to address chal- force planning with the requirements for lenges posed by the People’s Republic of such efforts. tivities, including— ‘‘(A) China’s response to Freedom of Navi- China. SEC. 1232. ADDITIONAL ELEMENTS IN ANNUAL ‘‘(2) Any gaps in the capabilities, capacity, REPORT ON MILITARY AND SECU- gation activities conducted by the Depart- ment of Defense; and authorities of the Commander to address RITY DEVELOPMENTS INVOLVING challenges posed by the People’s Republic of THE PEOPLE’S REPUBLIC OF CHINA. ‘‘(B) an account of each time People’s Lib- China to the United States Armed Forces Section 1202 of the National Defense Au- eration Army Navy vessels have transited thorization Act for Fiscal Year 2000 (10 outside the First Island Chain, including the and United States interests in the region. U.S.C. 113 note) is amended— type of vessels that were involved; and ‘‘(3) Any other matters the Commander (1) in subsection (b)— ‘‘(C) the role of China’s maritime law en- considers to be relevant.’’. (A) by amending paragraph (9) to read as forcement vessels in maritime incidents, in- SEC. 1233. REPORT ON IMPLEMENTATION BY follows: cluding details regarding any collaboration GOVERNMENT OF BAHRAIN OF REC- OMMENDATIONS IN REPORT OF THE ‘‘(9) Developments in China’s asymmetric between China’s law enforcement vessels and BAHRAIN INDEPENDENT COMMIS- capabilities, including efforts to develop and the People’s Liberation Army Navy.’’; and SION OF INQUIRY. deploy cyberwarfare and electronic warfare (D) by adding after paragraph (17), as re- (a) IN GENERAL.—Not later than 90 days capabilities, and associated activities origi- designated by subparagraph (B), the fol- after the date of the enactment of this Act, nating or suspected of originating from lowing new paragraphs: the Secretary of State shall submit to the China. This discussion of these developments ‘‘(18) A description of Chinese military-to- Committee on Foreign Relations of the Sen- shall include— military relationships with other countries, ate and the Committee on Foreign Affairs of ‘‘(A) the nature of China’s cyber activities including the size and activity of military the House of Representatives a report on the directed against the Department of Defense attache offices around the world and mili- implementation by the Government of Bah- and an assessment of the damage inflicted on tary education programs conducted in China rain of the recommendations contained in the Department of Defense by reason therefor other countries or in other countries for the Report of the Bahrain Independent Com- of, and the potential harms; the Chinese. mission of Inquiry. ‘‘(B) a description of China’s strategy for ‘‘(19) A description of any significant sale (b) CONTENT.—The report required under use and potential targets of offensive or transfer of military hardware, expertise, subsection (a) shall include the following ele- cyberwarfare and electronic warfare capa- and technology to or from the People’s Re- ments: bilities; public of China, including a forecast of pos- (1) A description of the specific steps taken ‘‘(C) details on the number of malicious sible future sales and transfers, and a de- by the Government of Bahrain to implement cyber incidents emanating from Internet scription of the implications of those sales each of the 26 recommendations contained in Protocol addresses in China, including a and transfers for the security of the United the Report of the Bahrain Independent Com- comparison of the number of incidents dur- States and its friends and allies in Asia. The mission of Inquiry.

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The report shall also identify what by the Government of Bahrain. velopment to support the political opposi- elements would be required to maximize the (3) An assessment of the impact of the find- tion in Syria. effectiveness of such military activities. ings of the Report of the Bahrain Inde- (B) A full summary of the communications (e) NO AUTHORIZATION FOR USE OF MILITARY pendent Commission of Inquiry on progress equipment that is currently being provided FORCE.—Nothing in this section shall be con- toward democracy and respect for human to the political opposition in Syria, includ- strued as a declaration of war or an author- rights in Bahrain. ing a description of the entities that have re- ization for the use of force. SEC. 1234. REPORTS ON SYRIA. ceived and that will continue to receive such (f) The report required in subsection (a) (a) REPORT ON OPPOSITION GROUPS.— equipment. shall be delivered in classified form. (1) IN GENERAL.—Not later than 90 days (C) A description of any additional activi- Subtitle D—Other Matters after the date of the enactment of this Act, ties the United States plans to undertake in the Director of National Intelligence and support of the political opposition in Syria. SEC. 1241. IMPROVED ADMINISTRATION OF THE Secretary of State shall submit to Congress (D) A description of the funding levels cur- AMERICAN, BRITISH, CANADIAN, a report describing in detail all the known AND AUSTRALIAN ARMIES’ PRO- rently dedicated to support the political op- GRAM. opposition groups, both independent and position in Syria. (a) AUTHORITY.— state-sponsored, inside and outside of Syria, (E) A description of obstacles and chal- (1) IN GENERAL.—Chapter 6 of title 10, operating directly or indirectly to oppose the lenges to providing additional support to United States Code, is amended by adding at Government of Syria. Syria’s political opposition. the end the following new section: (2) CONTENT.—The report required under (d) FORM.—The reports required by this paragraph (1) shall include the following ele- section may be submitted in a classified ‘‘§ 168a. American, British, Canadian, and ments: form. Australian Armies’ Program: administra- (A) An assessment of the current military SEC. 1235. REPORT ON MILITARY ACTIVITIES TO tion; agreements with other participating capacity of opposition forces. DENY OR SIGNIFICANTLY DEGRADE countries (B) An assessment of the ability of opposi- THE USE OF AIR POWER AGAINST CI- ‘‘(a) AUTHORITY.—As part of the participation forces inside and outside of Syria to es- VILIAN AND OPPOSITION GROUPS IN tion by the United States in the land-force SYRIA. tablish military and political activities im- program known as the American, British, (a) REPORT REQUIRED.—Not later than 90 pacting Syria, together with a practicable Canadian, and Australian Armies’ Program timetable for accomplishing these objec- days after the date of the enactment of this Act, the Secretary of Defense shall, in con- (in this section referred to as the ‘Program’), tives. the Secretary of Defense may, with the con- (C) An assessment of the ability of any of sultation with the Chairman of the Joint Chiefs of Staff, submit to the congressional currence of the Secretary of State, enter the opposition groups to establish effective into agreements with the other participating military and political control in Syria. defense committees a report identifying the limited military activities that could deny countries in accordance with this section, (D) A description of the composition and and the Program shall be managed pursuant political agenda of each of the known opposi- or significantly degrade the ability of Presi- dent Bashar al-Assad of Syria, and forces to a joint agreement among the partici- tion groups inside and outside of Syria, and pating countries. an assessment of the degree to which such loyal to him, to use air power against civil- ‘‘(b) PARTICIPATING COUNTRIES.—In addi- groups represent the views of the people of ians and opposition groups in Syria. tion to the United States, the countries par- Syria as a whole. (b) NATURE OF MILITARY ACTIVITIES.— ticipating in the Program are the following: (E) A description of the financial resources (1) PRINCIPAL PURPOSE.—The principal pur- ‘‘(1) Australia. currently available to opposition groups and pose of the military activities identified for ‘‘(2) Canada. known potential sources of continued financ- purposes of the report required by subsection ‘‘(3) New Zealand. ing. (a) shall be to advance the goals of President ‘‘(4) The United Kingdom. (F) An assessment of the relationship be- Obama of stopping the killing of civilians in tween each of the Syrian opposition groups Syria and creating conditions for a transi- ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.—(1) and the Muslim Brotherhood, al Qaeda, tion to a democratic, pluralistic political An agreement under subsection (a) shall pro- Hezbollah, Hamas, and any other groups that system in Syria. vide that each participating country shall have promoted an agenda that would nega- (2) ADDITIONAL GOALS.—The military ac- contribute to the Program— tively impact United States national inter- tivities identified for purposes of the report ‘‘(A) its equitable share of the full cost for ests. shall also meet the goals as follows: the Program, including the full cost of over- (G) An assessment of the impact of support (A) That the United States Armed Forces head and administrative costs related to the from the United States and challenges to conduct such activities with foreign allies or Program; and providing such additional support to opposi- partners. ‘‘(B) any amount allocated to it in accord- tion forces on the factors discussed in sub- (B) That United States ground troops not ance with the agreement for the cost for paragraphs (A) through (F). be deployed onto Syrian territory. monetary claims asserted against any par- (b) REPORT ON WEAPONS STOCKPILES.— (C) That the risk to civilians on the ground ticipating country as a result of participa- (1) IN GENERAL.—Not later than 90 days in Syria be limited. tion in the Program. after the date of the enactment of this Act, (D) That the risks to United States mili- ‘‘(2) Such an agreement shall also provide the Director of National Intelligence and tary personnel be limited. that each participating country (including Secretary of Defense shall submit to Con- (E) That the financial costs to the United the United States) may provide its contribu- gress an assessment of the size and security States be limited. tion for its equitable share under the agree- of conventional and non-conventional weap- (c) ELEMENTS ON POTENTIAL MILITARY AC- ment in funds, in personal property, or in ons stockpiles in Syria. TIVITIES.—The report required by subsection services required for the Program (or in any (2) CONTENT.—The report required under (a) shall include a comprehensive descrip- combination thereof). paragraph (1) shall include the following ele- tion, evaluation, and assessment of the po- ‘‘(3) Any contribution by the United States ments: tential effectiveness of the following mili- to the Program that is provided in funds (A) A description of who has or may have tary activities, as required by subsection (a): shall be made from funds available to the access to the stockpiles. (1) The deployment of air defense systems, Department of Defense for operation and (B) A description of the sources and types such as Patriot missile batteries, to neigh- maintenance. of weapons flowing from outside Syria to boring countries for the purpose of denying ‘‘(4) Any contribution received by the both government and opposition forces. or significantly degrading the operational United States from another participating (C) A description of U.S. and international capability of Syria aircraft. country to meet that country’s share of the efforts to prevent the proliferation of con- (2) The establishment of one or more no-fly costs of the Program shall be credited to ap- ventional, biological, chemical, and other zones over key population centers in Syria. propriations available to the Department of types of weapons in Syria. (3) Limited air strikes to destroy or signifi- Defense, as determined by the Secretary of (c) REPORT ON CURRENT ACTIVITIES AND FU- cantly degrade Syria aircraft. Defense. The amount of a contribution cred- TURE PLANS TO PROVIDE ASSISTANCE TO (4) Such other military activities as the ited to an appropriation account in connec- SYRIA’S POLITICAL OPPOSITION.— Secretary considers appropriate to achieve tion with the Program shall be available (1) IN GENERAL.—Not later than 90 days the goals stated in subsection (b). only for payment of the share of the Pro- after the date of the enactment of this Act, (d) ELEMENTS IN DESCRIPTION OF POTENTIAL gram expenses allocated to the participating the Secretary of State shall submit to Con- MILITARY ACTIVITIES.—For each military ac- country making the contribution. Amounts gress a report on all the support provided to tivity that the Secretary identifies in sub- so credited shall be available for the fol- opposition political forces in Syria. section (c), the comprehensive description of lowing purposes: (2) CONTENT.—The report required under such activities under that subsection shall ‘‘(A) Payments to contractors and other paragraph (1) shall include the following ele- include, but not be limited to, the type and suppliers (including the Department of De- ments: the number of United States military per- fense and participating countries acting as (A) A full description of the current tech- sonnel and assets to be involved in such ac- suppliers) for necessary goods and services of nical assistance democracy programs con- tivities, the anticipated duration of such ac- the Program.

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‘‘(B) Payments for any damages and costs (b) MEMORANDUM OF UNDERSTANDING.— (3) LIMITATIONS.—The United States’ bal- resulting from the performance or cancella- (1) REQUIREMENT.—The participation of ance of executed flight hours, whether as tion of any contract or other obligation in members of the Armed Forces as members of credits or debits, in participation in the support of the Program. the staff of Headquarters Eurocorps shall be ATARES program under paragraph (1) may ‘‘(C) Payments for any monetary claim in accordance with the terms of one or more not exceed 500 hours. The United States’ bal- against a participating country as a result of memoranda of understanding entered into by anced of executed flight hours for air refuel- the participation of that country in the Pro- the Secretary of Defense, with the concur- ing in the ATARES program under para- gram. rence of the Secretary of State, and Head- graph (1) may not exceed 200 hours. ‘‘(D) Payments or reimbursements of other quarters Eurocorps. (b) WRITTEN ARRANGEMENT OR AGREE- Program expenses, including overhead and (2) COST-SHARING ARRANGEMENTS.—If De- MENT.— administrative costs for any administrative partment of Defense facilities, equipment, or (1) ARRANGEMENT OR AGREEMENT RE- office for the Program. funds are used to support Headquarters QUIRED.—The participation of the United ‘‘(E) Refunds to other participating coun- Eurocorps, the memoranda of understanding States in the ATARES program under sub- tries. under paragraph (1) shall provide details of section (a) shall be in accordance with a ‘‘(5) Costs for the operation of any office any cost-sharing arrangement or other fund- written arrangement or agreement entered established to carry out the Program shall ing arrangement. into by the Secretary of Defense, with the be borne jointly by the participating coun- (c) LIMITATION ON NUMBER OF MEMBERS concurrence of the Secretary of State, and tries as provided for in an agreement re- PARTICIPATING AS STAFF.—Not more than the Movement Coordination Centre Europe. two members of the Armed Forces may par- ferred to in subsection (a). (2) FUNDING ARRANGEMENTS.—If Depart- ‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM ticipate as members of the staff of Head- ment of Defense facilities, equipment, or quarters Eurocorps, until the Secretary of ACTIVITIES.—As part of the participation by funds are used to support the ATARES pro- Defense submits to the Committees on the United States in the Program, the Sec- gram, the written arrangement or agreement Armed Services of the Senate and the House retary of Defense may enter into contracts under paragraph (1) shall specify the details of Representatives a report setting forth the or incur other obligations on behalf of the of any equitable cost sharing or other fund- following: other participating countries for activities ing arrangement. under the Program. Any payment for such a (1) A certification by the Secretary of De- (3) OTHER ELEMENTS.—Any written ar- contract or other obligation under this sub- fense that the participation of more than two members of the Armed Forces in Head- rangement or agreement entered into under section may be paid only from contributions paragraph (1) shall require that any accrued credited to an appropriation under sub- quarters Eurocorps is in the national interests of the United States. credits and liabilities resulting from an un- section (c)(4). equal exchange or transfer of air transpor- ‘‘(e) DISPOSAL OF PROPERTY.—As part of (2) A description of the benefits of the par- tation or air refueling services shall be liq- the participation by the United States in the ticipation of the additional members pro- Program, the Secretary of Defense may, with posed by the Secretary. uidated, not less than once every five years, respect to any property that is jointly ac- (3) A description of the plans for the par- through the ATARES program. quired by the countries participating in the ticipation of the additional members pro- (c) IMPLEMENTATION.—In carrying out any Program, agree to the disposal of the prop- posed by the Secretary, including the grades written arrangement or agreement entered erty without regard to any law of the United and posts to be filled. into under subsection (b), the Secretary of States that is otherwise applicable to the (4) A description of the costs associated Defense may— disposal of property owned by the United with the participation of the additional (1) pay the United States’ equitable share States. Such disposal may include the trans- members proposed by the Secretary. of the operating expenses of the Movement fer of the interest of the United States in the (d) AVAILABILITY OF APPROPRIATED Coordination Centre Europe and the property to one or more of the other partici- FUNDS.— ATARES consortium from funds available to pating countries or the sale of the property. (1) AVAILABILITY.—Funds appropriated to the Department of Defense for operation and Reimbursement for the value of the property the Department of Defense for operation and maintenance; and disposed of (including the value of the inter- maintenance are available as follows: (2) assign members of the Armed Forces or est of the United States in the property) (A) To pay the United States’ share of the Department of Defense civilian personnel, shall be made in accordance with an agree- operating expenses of Headquarters from among members and personnel within ment under subsection (a). Eurocorps. billets authorized for the United States Eu- ‘‘(f) SUNSET.—Any agreement entered into (B) To pay the costs of the participation of ropean Command, to duty at the Movement by the United States with another country members of the Armed Forces participating Coordination Centre Europe as necessary to under subsection (a), and United States par- as members of the staff of Headquarters fulfill the United States’ obligations under ticipation in the joint agreement described Eurocorps, including the costs of expenses of that arrangement or agreement. in that subsection, shall expire not later such participants. (d) CREDITING OF RECEIPTS.—Any amount than five years after the date of the enact- (2) LIMITATION.—No funds may be used received by the United States in carrying ment of the National Defense Authorization under this section to fund the pay or salaries out a written arrangement or agreement en- Act for Fiscal Year 2013.’’. of members of the Armed Forces who partici- tered into under subsection (b) shall be cred- (2) CLERICAL AMENDMENT.—The table of pate as members of the staff of the Head- ited, as elected by the Secretary of Defense, sections at the beginning of chapter 6 of such quarters, North Atlantic Treaty Organiza- to the following: title is amended by adding at the end the fol- tion (NATO) Rapid Deployable Corps under (1) The appropriation, fund, or account lowing new item: this section. used in incurring the obligation for which (e) HEADQUARTERS EUROCORPS DEFINED.—In ‘‘168a. American, British, Canadian, and Aus- such amount is received. this section, the term ‘‘Headquarters (2) An appropriation, fund, or account cur- tralian Armies’ Program: ad- Eurocorps’’ refers to the multinational mili- ministration; agreements with rently available for the purposes for which tary headquarters, established on October 1, such obligation was made. other participating countries.’’. 1993, which is one of the High Readiness (e) ANNUAL SECRETARY OF DEFENSE RE- (b) REPORT.—Not later than 60 days before Forces (Land) associated with the Allied PORTS.—Not later than 30 days after the end the expiration date for agreements under Rapid Reaction Corps of NATO. subsection (a) of section 168a of title 10, of each fiscal year in which the authority SEC. 1243. DEPARTMENT OF DEFENSE PARTICI- provided by this section is in effect, the Sec- United States Code (as added by subsection PATION IN EUROPEAN PROGRAM ON (a) of this section), pursuant to subsection (f) MULTILATERAL EXCHANGE OF AIR retary of Defense shall submit to Congress a of such section, the Secretary of Defense TRANSPORTATION AND AIR REFUEL- report on United States participation in the shall submit to the Committees on Armed ING SERVICES. ATARES program during such fiscal year. Services of the Senate and the House of Rep- (a) PARTICIPATION AUTHORIZED.— Each report shall include the following: resentatives a report on the activities, costs, (1) IN GENERAL.—The Secretary of Defense (1) The United States balance of executed and accomplishments of the American, Brit- may, with the concurrence of the Secretary flight hours at the end of the fiscal year cov- ish, Canadian, and Australian Armies’ Pro- of State, authorize the participation of the ered by such report. gram during the five-year period ending on United States in the Air Transport, Air-to- (2) The types of services exchanged or the date of such report. Air Refueling and other Exchanges of Serv- transferred during the fiscal year covered by SEC. 1242. UNITED STATES PARTICIPATION IN ices program (in this section referred to as such report. HEADQUARTERS EUROCORPS. the ‘‘ATARES program’’) of the Movement (3) A description of any United States costs (a) PARTICIPATION AUTHORIZED.—The Sec- Coordination Centre Europe. under the written arrangement or agreement retary of Defense may, with the concurrence (2) SCOPE OF PARTICIPATION.—Participation under subsection (b)(1) in connection with of the Secretary of State, authorize the par- in the ATARES program under paragraph (1) the use of Department of Defense facilities, ticipation of members of the Armed Forces shall be limited to the reciprocal exchange equipment, or funds to support the ATARES as members of the staff of Headquarters or transfer of air transportation and air re- program under that subsection as provided Eurocorps for the purpose of supporting the fueling services on a reimbursable basis or by subsection (b)(2). North Atlantic Treaty Organization (NATO) by replacement-in-kind or the exchange of (4) A description of the United States’ eq- activities of the NATO Rapid Deployable air transportation or air refueling services of uitable share of the operating expenses of Corps Eurocorps. an equal value. the Movement Coordination Centre Europe

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7544 CONGRESSIONAL RECORD — SENATE December 5, 2012 and the ATARES consortium paid under sub- SEC. 1245. SUSTAINABILITY REQUIREMENTS FOR project for military construction (as that section (c)(1). CERTAIN CAPITAL PROJECTS IN term is defined in section 114(b) of title 10, (5) A description of any amounts received CONNECTION WITH OVERSEAS CON- United States Code) or a military family TINGENCY OPERATIONS. by the United States in carrying out a writ- housing project under section 2821 of such (a) LIMITATION.— ten arrangement or agreement entered into title. (1) IN GENERAL.—Commencing 60 days after under subsection (b). (c) WAIVER.—The Secretary of Defense, the the date of the enactment of this Act— Secretary of State, or the Administrator of (f) COMPTROLLER GENERAL OF UNITED (A) amounts authorized to be appropriated the United States Agency for International STATES REPORT.—Not later than one year for the Department of Defense may not be Development, as applicable, may waive the after the date of the enactment of this Act, obligated or expended for a capital project limitation in subsection (a) in order to ini- the Comptroller General of the United States described in subsection (b) unless the Sec- tiate a capital project if such Secretary or shall submit to the congressional defense retary of Defense, in consultation with the the Administrator, as the case may be, de- committees a report on the ATARES pro- United States commander of military oper- termines that the project is in the national gram. The report shall set forth the assess- ations in the country in which the project security, diplomatic, or humanitarian inter- ment of the Comptroller General of the pro- will be carried out, completes an assessment ests of the United States. In the first report gram, including the types of services avail- on the necessity and sustainability of the submitted under subsection (d) after any able under the program, whether the pro- project; waiver under this subsection, such Secretary gram is achieving its intended purposes, and, (B) amounts authorized to be appropriated or the Administrator shall include a detailed on the basis of actual cost data from the per- for the Department of State may not be obli- justification of such waiver. Not later than formance of the program, the cost-effective- gated or expended for a capital project de- 45 days after issuing a waiver under this sub- ness of the program. scribed in subsection (b) unless the Secretary section, such Secretary or the Administrator (g) EXPIRATION.—The authority provided of State, in consultation with the Chief of shall submit to Congress the assessment de- by this section to participate in the Mission in the country in which the project scribed in subsection (a) with respect to the ATARES program shall expire five years will be carried out, completes an assessment capital project concerned. after the date on which the Secretary of De- on the necessity and sustainability of the (d) SEMI-ANNUAL REPORTS.— fense first enters into a written arrangement project; and (1) IN GENERAL.—Not later than 30 days or agreement under subsection (b). The Sec- (C) amounts authorized to be appropriated after the end of each fiscal-year half-year the retary shall publish notice of such date on a for the United States Agency for Inter- Secretary of Defense, the Secretary of State, public website of the Department of Defense. national Development may not be obligated and the Administrator of the United States or expended for a capital project described in Agency for International Development shall SEC. 1244. AUTHORITY TO ESTABLISH PROGRAM subsection (b) unless the Administrator of each submit to the appropriate committees TO PROVIDE ASSISTANCE TO FOR- EIGN CIVILIANS FOR HARM INCI- the United States Agency for International of Congress a report setting forth each as- DENT TO COMBAT OPERATIONS OF Development, in consultation with the Mis- sessment conducted under subsection (a) by THE ARMED FORCES IN FOREIGN sion Director and the Chief of Mission in the such Secretary or the Administrator, as the COUNTRIES. country in which the project will be carried case may be, during such fiscal-year half- out, completes an assessment on the neces- year, including the elements of each capital (a) AUTHORITY TO ESTABLISH PROGRAM.— The Secretary of Defense may establish a sity and sustainability of the project. project assessed specified in subsection program, under such regulations as the Sec- (2) ELEMENTS.—Each assessment on a cap- (a)(2). retary may prescribe, to enable military ital project under this subsection shall in- (2) ADDITIONAL ELEMENTS.—In addition to commanders at their discretion to provide clude, but not be limited to, the following: the matters provided for in paragraph (1), assistance to foreign civilians for damage, (A) An estimate of the total cost of the each report under that paragraph shall in- personal injury, or death that is incident to completed project to the United States. clude the following: combat operations of the Armed Forces in a (B) An estimate of the financial and other (A) For each capital project covered by foreign country. requirements necessary for the host govern- such report, an evaluation (other than by ment to sustain the project on an annual amount of funds expended) of the effective- (b) ELEMENTS.— basis after completion of the project. ness of such project, including, at a min- (1) NATURE OF ASSISTANCE.—Any assistance (C) An assessment whether the host gov- imum, the following: provided under a program under subsection ernment has the capacity (in both financial (i) The stated goals of the project. (a) may be provided only ex gratia, and shall and human resources) to maintain and use (ii) The actions taken to assess and verify not be considered an admission or acknowl- the project after completion. whether the project has met the stated goals edgment of any legal obligation to com- (D) A description of any arrangements for of the project or is on track to meet such pensate for any damage, personal injury, or the sustainment of the project following its goals when completed. death. completion if the host government lacks the (iii) The current and anticipated levels of (2) TREATMENT WITH OTHER COMPENSA- capacity (in financial or human resources) to involvement of local governments, commu- TION.—In the event compensation for dam- maintain the project. nities, and individuals in the project. age, personal injury, or death covered by this (E) An assessment whether the host gov- (B) For each country or region in which a section is received through a separate pro- ernment has requested or expressed its need capital project covered by such report is gram operated by the United States Govern- for the project, and an explanation of the de- being carried out, an assessment of the fol- ment, receipt of compensation in such cision to proceed with the project absent lowing: amount should be considered by the com- such request or need. (i) The current and anticipated effects of mander or legal advisor determining appro- (F) An assessment by the Secretary of De- violence in the country or region on all the priate assistance under a program under sub- fense, where applicable, of the effect of the projects in the country or region covered by section (a). project on the military mission of the United such report. (3) AMOUNT OF ASSISTANCE.—If the Sec- States in the country concerned (ii) The current and anticipated levels of retary of Defense determines a program (b) COVERED CAPITAL PROJECTS.— corruption or fraud in the country or region under subsection (a) to be fitting in a par- (1) IN GENERAL.—Except as provided in in the connection with all the projects in the ticular setting, the amount of assistance, if paragraph (2), a capital project described in country or region covered by such report, any, to be provided to civilians determined this subsection is any capital project over- and the current and anticipated risks of cor- to have suffered harm incident to combat op- seas for an overseas contingency operation ruption or fraud in connection with such erations of the Armed Forces under the pro- for the benefit of a host country and funded projects. gram should be determined pursuant to regu- by the Department of Defense, the Depart- (3) FORM.—Each report shall be submitted lations prescribed by the Secretary and ment of State, or the United States Agency in unclassified form, but may include a clas- based on an assessment of cultural appro- for International Development, as applica- sified annex. priateness and prevailing economic condi- ble, if the capital project— (e) DEFINITIONS.—In this section: tions. (A) in the case of a project that directly (1) The term ‘‘appropriate committees of (c) RECORDS.— supports building the capacity of indigenous Congress’’ means— (1) IN GENERAL.—The regulations pre- security forces in the host country, has an (A) the Committee on Armed Services, the scribed by the Secretary of Defense for pur- estimated value in excess of $10,000,000; Committee on Foreign Relations, the Com- poses of any program under subsection (a) (B) in the case of any project not covered mittee on Homeland Security and Govern- shall include requirements as follows: by subparagraph (A) that is to be funded by mental Affairs, and the Committee on Ap- (A) That local military commanders main- the Department of State or the United propriations of the Senate; and tain a written record of any assistance of- States Agency for International Develop- (B) the Committee on Armed Services, the fered or denied under such program. ment, has an estimated value in excess of Committee on Foreign Affairs, the Com- (B) That local military commanders sub- $5,000,000; or mittee on Oversight and Government Re- mit on a timely basis a report summarizing (C) in the case of any other project, has an form, and the Committee on Appropriations such written records to the appropriate of- estimated value in excess of $2,000,000. of the House of Representatives. fice in the Department of Defense as speci- (2) EXCLUSION.—A capital project described (2) The term ‘‘capital project’’ has the fied by the Secretary in such regulations. in this subsection does not include any meaning given that term in section 308 of the

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7545 Aid, Trade, and Competitiveness Act of 1992 President determines that M23 is no longer a the Fund under paragraph (1)(C) in connec- (22 U.S.C. 2421e). significant threat to peace and security in tion with a sale or transfer of defense arti- (3) The term ‘‘overseas contingency oper- the Democratic Republic of the Congo. cles may not exceed the amounts from the ation’’ means a military operation outside (g) DEFINITIONS.—In this section: Fund used to repair, overhaul, or refurbish the United States and its territories and pos- (1) APPROPRIATE CONGRESSIONAL COMMIT- such defense articles. sessions that is a contingency operation (as TEES.—The term ‘‘appropriate congressional (3) LIMITATION ON SIZE OF FUND.—The total that term is defined in section 101(a)(13) of committees’’ means— amount in the Fund at any time may not ex- title 10, United States Code). (A) the Committee on Banking, Housing, ceed $50,000,000. SEC. 1246. EFFORTS TO REMOVE JOSEPH KONY and Urban Affairs and the Committee on (4) TREATMENT OF AMOUNTS CREDITED.— FROM POWER AND END ATROCITIES Foreign Relations of the Senate; and Amounts credited to the Fund under this COMMITTED BY THE LORD’S RESIST- (B) the Committee on Financial Services subsection shall be merged with amounts in ANCE ARMY. and the Committee on Foreign Affairs of the the Fund, and shall remain available until Consistent with the Lord’s Resistance House of Representatives. expended. Army Disarmament and Northern Uganda (2) M23.—The term ‘‘M23’’ refers to the (d) NONAVAILABILITY OF AMOUNTS IN FUND Recovery Act of 2009 (Public Law 111–172), it rebel group known as M23 operating in the FOR STORAGE, MAINTENANCE, AND RELATED is the sense of the Senate that— Democratic Republic of the Congo that de- COSTS.—Following the repair, overhaul, or (1) the ongoing United States advise and rives its name from the March 23, 2009, agree- refurbishment of defense articles under the assist operation to support the regional gov- ment between the Government of the Demo- program authorized by subsection (a), ernments in Africa in their ongoing efforts cratic Republic of the Congo and the Na- amounts in the Fund may not be used to pay to apprehend or remove Joseph Kony and his tional Congress for the Defense of the People costs of storage and maintenance of such de- top commanders from the battlefield and end (or any successor group). fense articles or any other costs associated atrocities perpetuated by his Lord’s Resist- (3) UNITED STATES PERSON.—The term with the preservation or preparation for sale ance Army should continue; ‘‘United States person’’ means— or transfer of such defense articles. (2) using amounts authorized to be appro- (A) an individual who is a United States (e) SALES OR TRANSFERS OF DEFENSE ARTI- priated by section 301 and specified in the citizen or an alien lawfully admitted for per- CLES.— funding table in section 4301 for Operation manent residence to the United States; or (1) IN GENERAL.—Any sale or transfer of de- and Maintenance, Defense-wide for ‘‘Addi- (B) an entity organized under the laws of fense articles repaired, overhauled, or refur- tional ISR Support to Operation Observant the United States or of any jurisdiction bished under the program authorized by sub- Compass’’, the Secretary of Defense should within the United States. section (a) shall be in accordance with— provide increased intelligence, surveillance, SEC. 1248. PROGRAM ON REPAIR, OVERHAUL, (A) the Arms Export Control Act (22 U.S.C. and reconnaissance assets to support the on- AND REFURBISHMENT OF DEFENSE 2751 et seq.); going efforts of United States Special Oper- ARTICLES FOR SALE OR TRANSFER (B) the Foreign Assistance Act of 1961; or TO ELIGIBLE FOREIGN COUNTRIES ations Forces to advise and assist regional (C) another provision of law authorizing AND ENTITIES. such sale or transfer. partners as they conduct operations against (a) PROGRAM AUTHORIZED.—The Secretary (2) SECRETARY OF STATE CONCURRENCE RE- the Lord’s Resistance Army in Central Afri- of Defense may carry out a program to re- QUIRED FOR CERTAIN SALES OR TRANSFERS TO ca; pair, overhaul, or refurbish in-stock defense FOREIGN COUNTRIES.—If the sale or transfer of (3) United States and regional African articles in anticipation of the sale or trans- defense articles occurs in accordance with a forces should increase their operational co- fer of such defense articles to eligible foreign provision of law referred to in paragraph ordination; and countries or international organizations (1)(C) that does not otherwise require the (4) the regional governments should recom- under law. concurrence of the Secretary of State for the mit themselves to the operations sanctioned (b) FUND FOR SUPPORT OF PROGRAM AU- sale or transfer, the sale or transfer may be by the African Union Peace and Security THORIZED.—The Secretary of Defense may es- made only with the concurrence of the Sec- Council resolution. tablish and administer a fund to be known as retary of State. SEC. 1247. IMPOSITION OF SANCTIONS WITH RE- the ‘‘Special Defense Repair Fund’’ (in this (f) TRANSFERS OF AMOUNTS.— SPECT TO SUPPORT FOR THE REBEL section referred to as the ‘‘Fund’’) to support (1) TRANSFER TO OTHER DEPARTMENT OF DE- GROUP KNOWN AS M23. the program authorized by subsection (a). FENSE ACCOUNTS.—Amounts in the Fund may (a) BLOCKING OF ASSETS.—The Secretary of (c) CREDITS TO FUND.— be transferred to any Department of Defense the Treasury shall, pursuant to the Inter- (1) IN GENERAL.—Subject to paragraphs (2) account used to carry out the program au- and (3), the following shall be credited to the national Emergency Economic Powers Act thorized by subsection (a). Any amount so Fund: (50 U.S.C. 1701 et seq.) or Executive Order transferred shall be merged with amounts in (A) Subject to applicable provisions of ap- 13413 (74 Fed. Reg. 64105; relating to blocking the account to which transferred, and shall propriations Acts, such amounts, not to ex- property of certain persons contributing to be available for the same purposes and the ceed $48,400,000 per fiscal year, from amounts the conflict in the Democratic Republic of same time period as amounts in the account authorized to be appropriated for the Depart- the Congo), block and prohibit all trans- to which transferred. ment of Defense for operation and mainte- actions in all property and interests in prop- (2) TRANSFER FROM OTHER DEPARTMENT OF nance for the Army as the Secretary of De- erty of a person described in subsection (c) if DEFENSE ACCOUNTS.—Upon a determination fense considers appropriate. such property and interests in property are by the Secretary of Defense with respect to (B) Notwithstanding section 114(c) of title in the United States, come within the United an amount transferred under paragraph (1) 10, United States Code, any collection from States, or are or come within the possession that all or part of such transfer is not nec- the sale or transfer of defense articles from or control of a United States person. essary for the purposes transferred, such Department of Defense stocks repaired, over- (b) VISA BAN.—The Secretary of State shall amount may be transferred back to the hauled, or refurbished with amounts from deny a visa to, and the Secretary of Home- Fund. Any amount so transferred shall be the Fund that are not intended to be re- land Security shall exclude from the United merged with amounts in the Fund, and shall placed which sale or transfer is made pursu- States, any alien who is a person described remain available until expended. ant to section 21(a)(1)(A) of the Arms Export in subsection (c). (g) CERTAIN EXCESS PROCEEDS TO BE CRED- (c) PERSONS DESCRIBED.—A person de- Control Act (22 U.S.C. 2761(a)(1)(A)), the For- ITED TO SPECIAL DEFENSE ACQUISITION scribed in this subsection is a person that eign Assistance Act of 1961 (22 U.S.C. 2151 et FUND.—Any collection from the sale or the President determines provides, on or seq.), or another provision of law. transfer of defense articles that are not in- after the date of the enactment of this Act, (C) Notwithstanding section 37(a) of the tended to be replaced in excess of the significant financial, material, or techno- Arms Export Control Act (22 U.S.C. 2777(a)), amount creditable to the Fund under sub- logical support to M23. any cash payment from the sale or transfer section (c)(2)(A) shall be credited to the Spe- (d) WAIVER.—The President may waive the of defense articles from Department of De- cial Defense Acquisition Fund established application of this section with respect to a fense stocks repaired, overhauled, or refur- pursuant to chapter 5 of the Arms Export person if the President determines and re- bished with amounts from the Fund that are Control Act (22 U.S.C. 2795 et seq.). ports to the appropriate congressional com- intended to be replaced. (h) REPORTS.— mittees that the waiver is in the national in- (2) LIMITATION ON AMOUNTS CREDITABLE (1) ANNUAL REPORT.—Not later than 45 days terest of the United States. FROM SALE OR TRANSFER OF ARTICLES.— after the end of each fiscal year through the (e) TERMINATION OF SANCTIONS.—The Presi- (A) CREDITS IN CONNECTION WITH ARTICLES date of expiration specified in subsection (j), dent may terminate sanctions imposed under NOT TO BE REPLACED.—The amount credited the Secretary of Defense shall submit to the this section with respect to a person on and to the Fund under paragraph (1)(B) in con- congressional defense committees a report after the date on which the President deter- nection with a collection from the sale or on the authorities under this section during mines and reports to the appropriate con- transfer of defense articles may not exceed such fiscal year. Each report shall include, gressional committees that the person has the cost incurred by the Department of De- for the fiscal year covered by such report, terminated the provision of significant fi- fense in repairing, overhauling, or refur- the following: nancial, material, and technological support bishing such defense articles under the pro- (A) The types and quantities of defense ar- to M23. gram authorized by subsection (a). ticles repaired, overhauled, or refurbished (f) TERMINATION OF SECTION.—This section (B) CREDITS IN CONNECTION WITH ARTICLES under the program authorized by subsection shall terminate on the date on which the TO BE REPLACED.—The amount credited to (a).

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7546 CONGRESSIONAL RECORD — SENATE December 5, 2012 (B) The value of the repair, overhaul, or re- (3) The security of Afghan women and girls and protecting women in the ANP workforce, furbishment performed under the program. in areas undergoing security transitions will especially among operational units at the (C) The amount of operation and mainte- be an important gauge of the transition provincial and district levels’’. nance funds credited to the Fund under sub- strategy’s success. Indicators by which to (C) In the Afghan National Police, ‘‘Many section (c)(1)(A). measure women’s security include the mobil- Provincial Headquarters Commanders do not (D) The amount of any collections from the ity of women and girls, the participation of accept policewomen, as they prefer male sale or transfer of defense articles repaired, women in local government bodies, the rate candidates and lack adequate facilities to overhauled, or refurbished under the proof school attendance for girls, women’s ac- support females.’’ gram that was credited to the Fund under cess to government services, and the preva- (D) ‘‘While women are greatly needed to subsection (c)(1)(B). lence of violence against women. support police operations, a combination of (E) The amount of any cash payments from (4) Maintaining and improving physical se- cultural impediments, weak recruitment, the sale or transfer of defense articles re- curity for Afghan women and girls through- and uneven application of policies hinder sig- paired, overhauled, or refurbished under the out the country is critical in order for nificant progress.’’ program that was credited to the Fund under women and girls to take advantage of oppor- (E) ‘‘Although stronger documentation, subsection (c)(1)(C). tunities in education, commerce, politics, implementation, and enforcement of poli- (2) ASSESSMENT REPORT.—Not later than and other areas of public life, which in turn cies, procedures, and guidance to better inte- February 1, 2015, the Secretary of Defense is essential for the future stability and pros- grate women will help, time will be needed shall submit to the congressional defense perity of Afghanistan. to change the cultural mores that form the (5) Women who serve as public officials at committees a report on the operation of the basis of many of the current impediments.’’ all levels of the Government of Afghanistan authorities in this section. The report shall (11) The United States, the North Amer- face serious threats to their personal secu- include an assessment of the effectiveness of ican Treaty Organization, and United States rity and that of their families. Many female the authorities in meeting the objectives of coalition partners have made firm commit- officials have been the victims of violent the program authorized by subsection (a). ments to support the human rights of the (i) DEFENSE ARTICLE DEFINED.—In this sec- crimes, but they are generally not afforded official protection by the Government of Af- women and girls of Afghanistan, as evi- tion, the term ‘‘defense article’’ has the denced by the following actions: meaning given that term in section 47(3) of ghanistan or security forces. (A) According to the United States Na- the Arms Export Control Act (22 U.S.C. (6) Protecting the security and human tional Action Plan on Women, Peace and Se- 2794(3)). rights of Afghan women and girls requires curity, ‘‘integrating women and gender con- (j) EXPIRATION OF AUTHORITY.—The author- the involvement of Afghan men and boys ity to carry out the program authorized by through education about the important ben- siderations into peace-building processes subsection (a), and to use amounts in the efits of women’s full participation in social, helps promote democratic governance and Fund in support of the program, shall expire economic, and political life. Male officials long-term stability,’’ which are key United on September 30, 2015. and security personnel can play a particu- States strategic goals in Afghanistan. (k) FUNDING FOR FISCAL YEAR 2013.—Of the larly important role in supporting and pro- (B) The National Action Plan also states amounts authorized to be appropriated for tecting women and girls. that ‘‘the engagement and protection of fiscal year 2013 by section 1504 for Overseas (7) The Chicago Summit Declaration issued women as agents of peace and stability will Contingency Operations and available for op- by NATO in May 2012 states: ‘‘As the Afghan be central to United States efforts to pro- eration and maintenance for the Army as National Police further develop and profes- mote security, prevent, respond to, and re- specified in funding table in section 4302, sionalize, they will evolve towards a sustain- solve conflict, and rebuild societies.’’ This $48,400,000 shall be available for deposit in able, credible, and accountable civilian law policy applies to United States Government the Fund pursuant to subsection (c)(1)(A), enforcement force that will shoulder the efforts in Afghanistan, where addressing the with the amount of the deposit to be attrib- main responsibility for domestic security. security vulnerabilities of Afghan women utable to amounts otherwise so available for This force should be capable of providing po- and girls during the period of security tran- the YMQ–18A unmanned aerial vehicle, licing services to the Afghan population as sition is an essential step toward long-term which has been cancelled. part of the broader Afghan rule of law sys- stability. SEC. 1249. PLAN FOR PROMOTING THE SECURITY tem.’’ (C) The Chicago Summit Declaration OF AFGHAN WOMEN AND GIRLS (8) Women face significant barriers to full issued by NATO in May 2012 states: ‘‘We em- DURING THE SECURITY TRANSITION participation in the ANA and ANP, including phasize the importance of full participation PROCESS. a discriminatory or hostile work environ- of all Afghan women in the reconstruction, (a) FINDINGS.—Congress makes the fol- ment and the lack of separate facilities de- political, peace and reconciliation processes lowing findings: signed for female personnel. in Afghanistan and the need to respect the (1) According to the Department of De- (9) As of September 2012, female recruit- institutional arrangements protecting their fense’s April 2012 Report on Progress Toward ment and retention rates for the Afghan Na- rights. We remain committed to the imple- Security and Stability in Afghanistan: tional Security Forces are far below pub- mentation of United Nations Security Coun- (A) ‘‘U.S. and coalition forces will continue lished targets, as follows: cil Resolution (UNSCR) 1325 on women, to degrade the Taliban-led insurgency in (A) Approximately 1,700 women serve in peace and security. We recognize also the order to provide time and space to increase the Afghan National Security Forces, or less need for the protection of children from the the capacity of the Afghan National Security than half of one percent of the total force. damaging effects of armed conflict as re- Forces and the Afghan Government so they (B) In 2010, President Hamid Karzai an- quired in relevant UNSCRs.’’ can assume full responsibility for Afghani- nounced plans to recruit and train 5,000 (12) The Strategic Partnership Agreement stan’s security by the end of 2014.’’ women in the Afghan National Police, or ap- signed between the United States and Af- (B) ‘‘Transition to Afghan security lead proximately 3 percent of the force, by 2014. ghanistan by President Obama and President began in July 2011 and transition to full Af- Currently, there are approximately 1,370 Karzai in June 2012 states, ‘‘Consistent with ghan security responsibility will be complete women in the ANP, or 0.87 percent of the po- its Constitution and international obliga- country-wide by the end of 2014.’’ lice force. tions, Afghanistan shall ensure and advance (C) ‘‘The security of the Afghan people and (C) Approximately 350 women currently the essential role of women in society, so the stability of the government are used to serve in the Afghan National Army, rep- that they may fully enjoy their economic, judge provincial readiness to move to each resenting only 0.17 percent of the force. The social, political, civil and cultural rights.’’ successive stage of transition implementa- Government of Afghanistan has said that its tion.’’ goal is to achieve a force that is 10 percent (b) PLAN TO PROMOTE SECURITY OF AFGHAN (D) For each area designated for transi- female. As of May 2012, approximately 3 per- WOMEN.— tion, a transition implementation plan is de- cent of new ANA recruits were women. (1) IN GENERAL.—Not later than 120 days veloped by the Government of Afghanistan, (10) Male security personnel often do not after the date of the enactment of this Act, NATO, and ISAF and approved by the Joint respond to threats or incidences of violence the Secretary of Defense, in concurrence Afghan-NATO Inteqal Board (JANIB). JANIB against women, particularly at the local with the Secretary of State, shall submit to is also responsible for recommending areas level. They largely lack the training and un- the appropriate congressional committees a to enter and exit the transition process. derstanding needed to respond appropriately plan to promote the security of Afghan (2) According to a 2002 study on Women, and effectively to situations involving women during the security transition proc- Peace and Security submitted by the Sec- women. According to the Department of De- ess. retary-General of the United Nations pursu- fense’s April 2012 Report on Progress Toward (2) ELEMENTS.—The plan required under ant to Security Council resolution 1325 Security and Stability in Afghanistan: paragraph (1) shall include the following ele- (2000), ‘‘the suspension of or restriction on (A) The Afghan Ministry of Defense ‘‘lacks ments: women’s enjoyment of their human rights’’ the combination of policies, procedures, and (A) A plan to monitor and respond to can act as an early-warning indicator of im- execution to promote opportunity and fair changes in women’s security conditions in pending or renewed conflict. In Afghanistan, and respectful treatment of women in the areas undergoing transition, including the restrictions on women’s mobility and rights force’’. following actions: can signal the presence of extremist or insur- (B) The Afghan Ministry of Interior ‘‘faces (i) Seeking to designate a Civilian Impact gent elements in a community. significant challenges in fully integrating Advisor on the Joint Afghan-NATO Inteqal

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Board (JANIB) to assess the impact of tran- (3) REPORT.—The Secretary of Defense (3) sympathizes with the families of sition on male and female civilians and en- shall include in each report on progress to- Israelis who have come under the indiscrimi- sure that efforts to protect women’s rights ward security and stability in Afghanistan nate rocket fire from Hamas-controlled and security are included in each area’s tran- that is submitted to Congress under sections Gaza; sition implementation plan. 1230 and 1231 of the National Defense Author- (4) recognizes the exceptional success of (ii) Reviewing existing indicators against ization Act for Fiscal Year 2008 (Public Law the Iron Dome Missile Defense system in de- which sex-disaggregated data is collected 110–181; 122 Stat. 385, 390) a section describing fending the population of Israel; and, if necessary, developing additional indi- actions taken to implement the plan re- (5) desires to help ensure that Israel has cators, to ensure the availability of data quired under this subsection. the means to defend itself against terrorist that can be used to measure women’s secu- (c) APPROPRIATE CONGRESSIONAL COMMIT- attacks, including through the acquisition of rity, such as— TEES DEFINED.—In this section, the term additional Iron Dome batteries and intercep- (I) the mobility of women and girls; ‘‘appropriate congressional committees’’ tors; and (II) the participation of women in local means— (6) urges the Departments of Defense and government bodies; (1) the Committee on Armed Services and State to explore with their Israeli counter- (III) the rate of school attendance for girls; the Committee on Foreign Relations of the parts and alert Congress of any needs the (IV) women’s access to government serv- Senate; and Israeli Defense Force may have for addi- ices; and (2) the Committee on Armed Services and tional Iron Dome batteries, interceptors, or (V) the prevalence of violence against the Committee on Foreign Affairs of the other equipment depleted during the current conflict. women; and incorporating those indicators House of Representatives. SEC. 1251. SENSE OF THE SENATE ON THE SITUA- into ongoing efforts to assess overall secu- SEC. 1250. SENSE OF CONGRESS ON THE ISRAELI TION IN THE SENKAKU ISLANDS. rity conditions during the transition period. IRON DOME DEFENSIVE WEAPON SYSTEM. It is the sense of the Senate that— (iii) Integrating assessments of women’s (1) the East China Sea is a vital part of the (a) FINDINGS.—Congress makes the fol- security into current procedures used to de- maritime commons of Asia, including crit- lowing findings: termine an area’s readiness to proceed ical sea lanes of communication and com- (1) The citizens of Israel have suffered through the transition process. merce that benefit all nations of the Asia- under a continual barrage of missiles, rock- (iv) Working with Afghan partners, coali- Pacific region; tion partners, and relevant United States ets, and mortar shells from the Hamas-con- (2) the peaceful settlement of territorial Government departments and agencies to trolled Gaza Strip. and jurisdictional disputes in the East China take concrete action to support women’s (2) Hamas has been designated by the Sec- Sea requires the exercise of self-restraint by rights and security in cases of deterioration retary of State as a Foreign Terrorist Orga- all parties in the conduct of activities that in women’s security conditions during the nization. would complicate or escalate disputes and transition period. (3) Hamas and other terrorist groups in destabilize the region, and differences should (B) A plan to increase gender awareness Gaza have routinely used human shields and be handled in a constructive manner con- and responsiveness among Afghan National launched rockets from civilian areas. sistent with universally recognized prin- Army and Afghan National Police personnel, (4) Israel has gone to extraordinary lengths ciples of customary international law; including the following actions: to avoid Palestinian civilian casualties, in- (3) while the United States takes no posi- (i) Working with Afghan and coalition cluding aborting attacks on military targets tion on the ultimate sovereignty of the partners to utilize training curricula and because of the presence of civilians, alerting Senkaku islands, the United States acknowl- programming that addresses the human civilians to leave areas of potential conflict, edges the administration of Japan over the rights of women and girls, appropriate re- and allowing the importation of medical and Senkaku Islands; sponses to threats against women and girls, other supplies into Gaza. (4) The unilateral action of a third party and appropriate behavior toward female col- (5) Israel faces additional rocket and mis- will not affect the United States’ acknowl- leagues and members of the community; as- sile threats from Lebanon and Syria. edgment of the administration of Japan over sessing the quality and consistency of this (6) The Government of Iran has supplied the Senkaku Islands; training across regional commands; and as- Hamas with advanced longer range missiles (5) the United States has national interests sessing the impact of this training on trainee such as the Fajar-5. in freedom of navigation, the maintenance of behavior. (7) Hamas has deployed these weapons to peace and stability, respect for international (ii) Working with national and local ANA be fired from within their own civilian popu- law, and unimpeded lawful commerce; and ANP leaders to develop and utilize en- lation. (6) the United States supports a collabo- forcement and accountability mechanisms (8) The Government of Israel, taking seri- rative diplomatic process by claimants to re- for ANA and ANP personnel who violate ously the threat of short range rockets and solve territorial disputes without coercion, codes of conduct related to the human rights mortars, designed, developed, and produced and opposes efforts at coercion, the threat of of women and girls. the Iron Dome system to address those use of force, or use of force by any claimant (iii) Working with Afghan and coalition threats. in seeking to resolve sovereignty and terri- partners to implement the above tools and (9) The Iron Dome system has successfully torial issues in the East China Sea; and develop uniform methods and standards for intercepted hundreds of rockets targeting (7) the United States reaffirms its commit- training and enforcement among coalition population centers in Israel. ment to the Government of Japan under Ar- partners and across regions. (10) The Iron Dome system has maintained ticle V of the Treaty of Mutual Cooperation (C) A plan to increase the number of fe- a success rate of close to 90 percent. and Security that ‘‘[e]ach Party recognizes male members of the ANA and ANP, includ- (11) The Government of Israel currently that an armed attack against either Party in ing the following actions: maintains 5 Iron Dome batteries, a number the territories under the administration of (i) Providing, through consultation with insufficient to protect all of Israel. Japan would be dangerous to its own peace Afghan partners, realistic and achievable ob- (12) It appears that approximately 10 addi- and safety and declares that it would act to jectives for the recruitment and retention of tional Iron Dome batteries are needed to pro- meet the common danger in accordance with women to the ANA and ANP by the end of tect all of Israel. its constitutional provisions and processes’’. the security transition period in 2014. (13) The United States Government, recog- SEC. 1252. BILATERAL DEFENSE TRADE RELA- (ii) Working with national and local ANA nizing the threat to Israeli citizens and de- TIONSHIP WITH INDIA. and ANP leaders and coalition partners to sirous of promoting peace, approved funding (a) REPORT.— address physical and cultural challenges to to assist the Government of Israel in pro- (1) IN GENERAL.—Not later than 180 days the recruitment and retention of female curing Iron Dome batteries. after the date of the enactment of this Act, ANA and ANP personnel, including through (14) Israel maintains a significant inven- the Secretary of Defense shall submit to the targeted recruitment campaigns, expanded tory of Iron Dome interceptors which has congressional defense committees a report training and mentorship opportunities, par- been reduced due to attacks from Gaza. that articulates the vision of the Depart- ity in pay and promotion rates with male (15) Israel used a significant number of pre- ment of Defense for defense trade relations counterparts, and availability of facilities cision-guided munitions in order to destroy between the United States and India within for female personnel. military targets while minimizing civilian the context of the overall bilateral defense (iii) Working with national and local ANA casualties in its recent defensive effort in relationship. and ANP leaders to increase understanding Gaza. (2) CONTENT.—The report required under about the unique ways in which women (16) President Barack Obama has expressed paragraph (1) shall include the following ele- members of the security forces improve the his intention to seek additional funding for ments: force’s overall effectiveness. Iron Dome and other United States-Israel (A) A description of the Department’s ap- (iv) Working with national and local ANA missile defense systems. proach for normalizing defense trade. and ANP leaders to develop a plan for main- (b) SENSE OF CONGRESS.—Congress— (B) An assessment of the defense capabili- taining and increasing the recruitment and (1) reaffirms its commitment to the secu- ties that could enhance cooperation and co- retention of women in the ANA and ANP fol- rity of our ally and strategic partner, Israel; ordination between the Governments of the lowing the completion of the security transi- (2) fully supports Israel’s right to defend United States and India on matters of shared tion. itself against acts of terrorism; security interests.

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(b) COMPREHENSIVE POLICY REVIEW.— (7) IRANIAN PERSON.—The term ‘‘Iranian identified possible military dimensions of (1) IN GENERAL.—The Secretary of Defense person’’ means— Iran’s nuclear program. shall lead a comprehensive policy review to (A) an individual who is a citizen or na- (4) The Government of Iran continues to examine the feasibility of engaging in co- tional of Iran; and defy the requirements and obligations con- production and co-development defense (B) an entity organized under the laws of tained in relevant IAEA Board of Governors projects with India. Iran or otherwise subject to the jurisdiction and United Nations Security Council resolu- (2) SCOPE.—The policy review should— of the Government of Iran. tions, including by continuing and expanding (A) examine the parameters and require- (8) KNOWINGLY.—The term ‘‘knowingly’’, uranium enrichment activities in Iran, as re- ments for United States-India cooperation as with respect to conduct, a circumstance, or a ported in IAEA Report GOV/2012/37. well as the terms and conditions India must result, means that a person has actual (5) United Nations Security Council Reso- fulfill to broach such cooperation; and knowledge, or should have known, of the lution 1929 (2010) recognizes the ‘‘potential (B) consider potential areas of cooperation, conduct, the circumstance, or the result. connection between Iran’s revenues derived including the possibility of co-producing a (9) MEDICAL DEVICE.—The term ‘‘medical from its energy sector and the funding of training aircraft and co-developing counter- device’’ has the meaning given the term ‘‘de- Iran’s proliferation sensitive nuclear activi- IED technology or individual soldier capa- vice’’ in section 201 of the Federal Food, ties’’. bilities. Drug, and Cosmetic Act (21 U.S.C. 321). (6) The National Iranian Tanker Company (c) SENSE OF CONGRESS ON INTERNATIONAL (10) MEDICINE.—The term ‘‘medicine’’ has is the main carrier for the Iranian Revolu- INITIATIVES.—It is the sense of Congress that the meaning given the term ‘‘drug’’ in sec- tionary Guard Corps-designated National the Department of Defense, in coordination tion 201 of the Federal Food, Drug, and Cos- Iranian Oil Company and a key element in with the Department State, should— metic Act (21 U.S.C. 321). the petroleum supply chain responsible for (1) conduct a review of all United States– (11) SHIPPING.—The term ‘‘shipping’’ refers generating energy revenues that support the India bilateral working groups dealing with to the transportation of goods by a vessel illicit nuclear proliferation activities of the high technology transfers, including tech- and related activities. Government of Iran. nology security and licensing for dual-use (12) UNITED STATES PERSON.—The term (b) DESIGNATION OF PORTS AND ENTITIES IN and munitions licenses, and determine the ‘‘United States person’’ has the meaning THE ENERGY, SHIPPING, AND SHIPBUILDING feasibility of establishing a single United given that term in section 101 of the Com- SECTORS OF IRAN AS ENTITIES OF PROLIFERA- States Government working group dedicated prehensive Iran Sanctions, Accountability, TION CONCERN.—Entities that operate ports to strategic technology trade; and Divestment Act of 2010 (22 U.S.C. 8511). in Iran and entities in the energy, shipping, (2) engage counterparts in the Government (13) VESSEL.—The term ‘‘vessel’’ has the and shipbuilding sectors of Iran, including of India in an intensified dialogue on the cur- meaning given that term in section 3 of title the National Iranian Oil Company, the Na- rent challenges related to the compatibility 1, United States Code. tional Iranian Tanker Company, the Islamic of the Foreign Military Sales and direct (b) DETERMINATIONS OF SIGNIFICANCE.—For Republic of Iran Shipping Lines, and their commercial sales programs with the Indian purposes of this subtitle, in determining if fi- affiliates, play an important role in Iran’s Defense Procurement Procedure (DPP), and nancial transactions or financial services are nuclear proliferation efforts and all such en- steps to improve compatibility; significant, the President may consider the tities are hereby designated as entities of (3) engage counterparts in the Government totality of the facts and circumstances, in- proliferation concern. of India in a dialogue about the elements of cluding factors similar to the factors set (c) BLOCKING OF PROPERTY OF ENTITIES IN an effective defense industrial base, includ- forth in section 561.404 of title 31, Code of ENERGY, SHIPPING, AND SHIPBUILDING SEC- ing personnel training, quality assurance, Federal Regulations (or any corresponding TORS.— and manufacturing procedures; similar regulation or ruling). (1) IN GENERAL.—On and after the date that (4) consider the establishment of orienta- is 90 days after the date of the enactment of SEC. 1263. DECLARATION OF POLICY ON HUMAN tion programs for new defense officials in the RIGHTS. this Act, the President shall block and pro- Government of India about the procedures (a) FINDING.—Congress finds that the inter- hibit all transactions in all property and infor United States defense sales, including li- ests of the United States and international terests in property of any person described in censing processes; and peace are threatened by the ongoing and de- paragraph (2) if such property and interests (5) continue and deepen ongoing efforts to stabilizing actions of the Government of in property are in the United States, come assist the Government of India in developing Iran, including its massive, systematic, and within the United States, or are or come its defense acquisition expertise by assisting extraordinary violations of the human rights within the possession or control of a United with the development of training institu- of its own citizens. States person. tions and human capital. (b) DECLARATION OF POLICY.—It shall be the (2) PERSONS DESCRIBED.—A person is de- Subtitle E—Iran Sanctions policy of the United States— scribed in this paragraph if the President de- SEC. 1261. SHORT TITLE. (1) to deny the Government of Iran the termines that the person, on or after the This subtitle may be cited as the ‘‘Iran ability to continue to oppress the people of date that is 90 days after the date of the en- Freedom and Counter-Proliferation Act of Iran and to use violence and executions actment of this Act— 2012’’. against pro-democracy protestors and regime (A) is part of the energy, shipping, or ship- SEC. 1262. DEFINITIONS. opponents; building sectors of Iran; (a) IN GENERAL.—In this subtitle: (2) to fully and publicly support efforts (B) operates a port in Iran; or (1) AGRICULTURAL COMMODITY.—The term made by the people of Iran to promote the (C) knowingly provides significant finan- ‘‘agricultural commodity’’ has the meaning establishment of basic freedoms that build cial, material, technological, or other sup- given that term in section 102 of the Agricul- the foundation for the emergence of a freely port to, or goods or services in support of tural Trade Act of 1978 (7 U.S.C. 5602). elected, open, and democratic political sys- any activity or transaction on behalf of or (2) APPROPRIATE CONGRESSIONAL COMMIT- tem; for the benefit of— TEES.—The term ‘‘appropriate congressional (3) to help the people of Iran produce, ac- (i) a person determined under subpara- committees’’ has the meaning given that cess, and share information freely and safely graph (A) to be a part of the energy, ship- term in section 14 of the Iran Sanctions Act via the Internet and through other media; ping, or shipbuilding sectors of Iran; of 1996 (Public Law 104–172; 50 U.S.C. 1701 and (ii) a person determined under subpara- note). (4) to defeat all attempts by the Govern- graph (B) to operate a port in Iran; or (3) COAL.—The term ‘‘coal’’ means met- ment of Iran to jam or otherwise obstruct (iii) an Iranian person included on the list allurgical coal, coking coal, or fuel coke. international satellite broadcast signals. of specially designated nationals and blocked (4) CORRESPONDENT ACCOUNT; PAYABLE- SEC. 1264. IMPOSITION OF SANCTIONS WITH RE- persons maintained by the Office of Foreign THROUGH ACCOUNT.—The terms ‘‘cor- SPECT TO THE ENERGY, SHIPPING, Assets Control of the Department of the respondent account’’ and ‘‘payable-through AND SHIPBUILDING SECTORS OF Treasury (other than an Iranian financial in- account’’ have the meanings given those IRAN. stitution described in paragraph (3)). terms in section 5318A of title 31, United (a) FINDINGS.—Congress makes the fol- (3) IRANIAN FINANCIAL INSTITUTIONS DE- States Code. lowing findings: SCRIBED.—An Iranian financial institution (5) FOREIGN FINANCIAL INSTITUTION.—The (1) Iran’s energy, shipping, and ship- described in this paragraph is an Iranian fi- term ‘‘foreign financial institution’’ has the building sectors and Iran’s ports are facili- nancial institution that has not been des- meaning of that term as determined by the tating the Government of Iran’s nuclear pro- ignated for the imposition of sanctions in Secretary of the Treasury pursuant to sec- liferation activities by providing revenue to connection with— tion 104(i) of the Comprehensive Iran Sanc- support proliferation activities. (A) Iran’s proliferation of weapons of mass tions, Accountability, and Divestment Act of (2) The United Nations Security Council destruction or delivery systems for weapons 2010 (22 U.S.C. 8513(i)). and the United States Government have ex- of mass destruction; (6) IRANIAN FINANCIAL INSTITUTION.—The pressed concern about the proliferation risks (B) Iran’s support for international ter- term ‘‘Iranian financial institution’’ has the presented by the Iranian nuclear program. rorism; or meaning given that term in section 104A(d) (3) The Director General of the Inter- (C) Iran’s abuses of human rights. of the Comprehensive Iran Sanctions, Ac- national Atomic Energy Agency (in this sec- (d) ADDITIONAL SANCTIONS WITH RESPECT countability, and Divestment Act of 2010 (22 tion referred to as the ‘‘IAEA’’) has in suc- TO THE ENERGY, SHIPPING, AND SHIPBUILDING U.S.C. 8513b(d)). cessive reports (GOV/2012/37 and GOV/2011/65) SECTORS OF IRAN.—

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(1) SALE, SUPPLY, OR TRANSFER OF CERTAIN Defense Authorization Act for Fiscal Year (ii) sold, supplied, or transferred to or from GOODS AND SERVICES.—Except as provided in 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) applies to the an Iranian person included on the list of spe- this section, the President shall impose 5 or country with primary jurisdiction over the cially designated nationals and blocked per- more of the sanctions described in section foreign financial institution. sons maintained by the Office of Foreign As- 6(a) of the Iran Sanctions Act of 1996 (Public (ii) FINANCIAL TRANSACTIONS DESCRIBED.—A sets Control of the Department of the Treas- Law 104–172; 50 U.S.C. 1701 note) with respect financial transaction conducted or facili- ury; or to a person if the President determines that tated by a foreign financial institution is de- (iii) relevant to the nuclear, military, or the person knowingly, on or after the date scribed in this clause if— ballistic missile programs of Iran; or that is 90 days after the date of the enact- (I) the financial transaction is for the pur- (B) the material is resold, retransferred, or ment of this Act, sells, supplies, or transfers chase of purchase of petroleum or petroleum otherwise supplied— to or from Iran significant goods or services products from Iran; (i) to an end-user in a sector described in described in paragraph (3). (II) the financial transaction is only for clause (i) of subparagraph (A); (2) FACILITATION OF CERTAIN TRANS- trade in goods or services— (ii) to a person described in clause (ii) of ACTIONS.—Except as provided in this section, (aa) not otherwise subject to sanctions that subparagraph; or the President shall prohibit the opening, and under the law of the United States; and (iii) for a program described in clause (iii) prohibit or impose strict conditions on the (bb) between the country with primary ju- of that subparagraph. maintaining, in the United States of a cor- risdiction over the foreign financial institu- (b) FACILITATION OF CERTAIN TRANS- respondent account or a payable-through action and Iran; and ACTIONS.—The President shall prohibit the count by a foreign financial institution that (III) any funds owed to Iran as a result of opening, and prohibit or impose strict condi- the President determines knowingly, on or such trade are credited to an account located tions on the maintaining, in the United after the date that is 90 days after the date in the country with primary jurisdiction States of a correspondent account or a pay- of the enactment of this Act, conducts or fa- over the foreign financial institution. able-through account by a foreign financial cilitates a significant financial transaction (g) APPLICABILITY OF SANCTIONS TO NAT- institution that the President determines for the sale, supply, or transfer to or from URAL GAS.— knowingly, on or after the date that is 90 Iran of goods or services described in para- (1) SALE, SUPPLY, OR TRANSFER.—Except as days after the date of the enactment of this graph (3). provided in paragraph (2), this section shall Act, conducts or facilitates a significant fi- (3) GOODS AND SERVICES DESCRIBED.—Goods not apply to the sale, supply, or transfer to nancial transaction for the sale, supply, or transfer to or from Iran of materials the or services described in this paragraph are or from Iran of natural gas. sale, supply, or transfer of which would sub- goods or services used in connection with the (2) FINANCIAL TRANSACTIONS.—This section ject a person to sanctions under subsection energy, shipping, or shipbuilding sectors of shall apply to a foreign financial institution (a). Iran, including the National Iranian Oil that conducts or facilitates a financial trans- (c) MATERIALS DESCRIBED.—Materials de- Company, the National Iranian Tanker Com- action for the sale, supply, or transfer to or pany, and the Islamic Republic of Iran Ship- scribed in this subsection are graphite, raw from Iran of natural gas unless— or semi-finished metals such as aluminum ping Lines. (A) the financial transaction is only for and steel, coal, and software for integrating (4) APPLICATION OF CERTAIN PROVISIONS OF trade in goods or services— industrial processes. IRAN SANCTIONS ACT OF 1996.—The following (i) not otherwise subject to sanctions (d) DETERMINATION WITH RESPECT TO USE provisions of the Iran Sanctions Act of 1996 under the law of the United States; and OF MATERIALS.—Not later than 90 days after (Public Law 104–172; 50 U.S.C. 1701 note) shall (ii) between the country with primary ju- the date of the enactment of this Act, and apply with respect to the imposition of sanc- risdiction over the foreign financial institu- every 90 days thereafter, the President shall tions under paragraph (1) to the same extent tion and Iran; and submit to the appropriate congressional that such provisions apply with respect to (B) any funds owed to Iran as a result of committees and publish in the Federal Reg- the imposition of sanctions under section such trade are credited to an account located ister a report that contains the determina- 5(a) of that Act: in the country with primary jurisdiction tion of the President with respect to— (A) Subsections (c), (d), and (f) of section 5 over the foreign financial institution. (1) whether Iran is— (except for paragraphs (3) and (4)(C) of such (h) WAIVER.— (A) using any of the materials described in subsection (f)). (1) IN GENERAL.—The President may waive subsection (c) as a medium for barter, swap, (B) Sections 8, 11, and 12. the imposition of sanctions under this sec- or any other exchange or transaction; or (e) HUMANITARIAN EXCEPTION.—The Presi- tion for a period of not more than 120 days, (B) listing any of such materials as assets dent may not impose sanctions under this and may renew that waiver for additional pe- of the Government of Iran for purposes of the section with respect to any person for con- riods of not more than 120 days, if the Presi- national balance sheet of Iran; ducting or facilitating a transaction for the dent— (2) which sectors of the economy of Iran sale of agricultural commodities, food, medi- (A) determines that such a waiver is vital are controlled directly or indirectly by Iran’s cine, or medical devices to Iran or for the to the national security of the United Revolutionary Guard Corps; and provision of humanitarian assistance to the States; and (3) which of the materials described in sub- people of Iran. (B) submits to the appropriate congres- section (c) are relevant to the nuclear, mili- (f) APPLICABILITY OF SANCTIONS TO PETRO- sional committees a report providing a jus- tary, or ballistic missile programs of Iran. LEUM AND PETROLEUM PRODUCTS.— tification for the waiver. (e) EXCEPTION FOR PERSONS EXERCISING (1) IN GENERAL.—Except as provided in (2) FORM OF REPORT.—Each report sub- DUE DILIGENCE.—The President may not im- paragraph (2), this section shall apply with mitted under paragraph (1)(B) shall be sub- pose sanctions under subsection (a) or (b) respect to the purchase of petroleum or pe- mitted in unclassified form, but may include with respect to a person if the President de- troleum products from Iran only if, at the a classified annex. termines that the person has exercised due time of the purchase, a determination of the diligence in establishing and enforcing offi- President under section 1245(d)(4)(B) of the SEC. 1265. IMPOSITION OF SANCTIONS WITH RE- SPECT TO THE SALE, SUPPLY, OR cial policies, procedures, and controls to en- National Defense Authorization Act for Fis- TRANSFER OF CERTAIN MATERIALS sure that the person does not sell, supply, or cal Year 2012 (22 U.S.C. 8513a(d)(4)(B)) that TO OR FROM IRAN. transfer to or from Iran materials the sale, the price and supply of petroleum and petro- (a) SALE, SUPPLY, OR TRANSFER OF CERTAIN supply, or transfer of which would subject a leum products produced in countries other MATERIALS.—The President shall impose 5 or person to sanctions under subsection (a) or than Iran is sufficient to permit purchasers more of the sanctions described in section conduct or facilitate a financial transaction of petroleum and petroleum products from 6(a) of the Iran Sanctions Act of 1996 (Public for such a sale, supply, or transfer. Iran to reduce significantly their purchases Law 104–172; 50 U.S.C. 1701 note) with respect (f) WAIVER.— from Iran is in effect. to a person if the President determines that (1) IN GENERAL.—The President may waive (2) EXCEPTION FOR CERTAIN COUNTRIES.— the person knowingly, on or after the date the imposition of sanctions under this sec- (A) EXPORTATION.—This section shall not that is 90 days after the date of the enact- tion for a period of not more than 120 days, apply with respect to the exportation of pe- ment of this Act, sells, supplies, or transfers, and may renew that waiver for additional petroleum or petroleum products from Iran to directly or indirectly, to or from Iran— riods of not more than 120 days, if the Presi- a country to which the exception under sec- (1) a precious metal; dent— tion 1245(d)(4)(D)(i) of the National Defense (2) a material described in subsection (c) (A) determines that such a waiver is vital Authorization Act for Fiscal Year 2012 (22 determined pursuant to subsection (d)(1) to to the national security of the United U.S.C. 8513a(d)(4)(D)(i)) applies at the time of be used by Iran as described in that sub- States; and the exportation of the petroleum or petro- section; (B) submits to the appropriate congres- leum products. (3) any other material described in sub- sional committees a report providing a jus- (B) FINANCIAL TRANSACTIONS.— section (c) if— tification for the waiver. (i) IN GENERAL.—This section shall not (A) the material is— (2) FORM OF REPORT.—Each report sub- apply with respect to a financial transaction (i) to be used in connection with the en- mitted under paragraph (1)(B) shall be sub- described in clause (ii) conducted or facili- ergy, shipping, or shipbuilding sectors of mitted in unclassified form, but may include tated by a foreign financial institution if, at Iran or any sector of the economy of Iran a classified annex. the time of the transaction, the exception controlled directly or indirectly by Iran’s (g) NATIONAL BALANCE SHEET OF IRAN DE- under section 1245(d)(4)(D)(i) of the National Revolutionary Guard Corps; FINED.—For purposes of this section, the

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7550 CONGRESSIONAL RECORD — SENATE December 5, 2012 term ‘‘national balance sheet of Iran’’ refers person does not underwrite or enter into a Defense Authorization Act for Fiscal Year to the ratio of the assets of the Government contract to provide insurance or reinsurance 2012 (22 U.S.C. 8513a(d)(4)(B)) that the price of Iran to the liabilities of that Government. for an activity described in paragraph (1) of and supply of petroleum and petroleum prod- SEC. 1266. IMPOSITION OF SANCTIONS WITH RE- that subsection or to or for any person de- ucts produced in countries other than Iran is SPECT TO THE PROVISION OF UN- scribed in paragraph (3) or subparagraph (A) sufficient to permit purchasers of petroleum DERWRITING SERVICES OR INSUR- or (B) of paragraph (2) of that subsection. and petroleum products from Iran to reduce ANCE OR REINSURANCE FOR ACTIVI- (e) WAIVER.— significantly their purchases from Iran is in TIES OR PERSONS WITH RESPECT (1) IN GENERAL.—The President may waive effect. TO WHICH SANCTIONS HAVE BEEN the imposition of sanctions under subsection (2) EXCEPTION FOR CERTAIN COUNTRIES.— IMPOSED. (a) for a period of not more than 120 days, (A) IN GENERAL.—Subsection (a) shall not (a) IN GENERAL.—Except as provided in and may renew that waiver for additional pe- apply with respect to a financial transaction subsection (b), the President shall impose 5 riods of not more than 120 days, if the Presi- described in subparagraph (B) conducted or or more of the sanctions described in section dent— facilitated by a foreign financial institution 6(a) of the Iran Sanctions Act of 1996 (Public (A) determines that such a waiver is vital for if, at the time of the transaction, the ex- Law 104–172; 50 U.S.C. 1701 note) with respect to the national security of the United ception under section 1245(d)(4)(D)(i) of the to a person if the President determines that States; and National Defense Authorization Act for Fis- the person knowingly, on or after the date (B) submits to the appropriate congres- cal Year 2012 (22 U.S.C. 8513a(d)(4)(D)(i)) ap- that is 90 days after the date of the enact- sional committees a report providing a jus- plies to the country with primary jurisdic- ment of this Act, provides underwriting serv- tification for the waiver. tion over the foreign financial institution. ices or insurance or reinsurance— (2) FORM OF REPORT.—Each report sub- (B) FINANCIAL TRANSACTIONS DESCRIBED.—A (1) for any activity with respect to Iran for mitted under paragraph (1)(B) shall be sub- financial transaction conducted or facili- which sanctions have been imposed under mitted in unclassified form, but may include tated by a foreign financial institution is de- this subtitle, the International Emergency a classified annex. scribed in this subparagraph if— Economic Powers Act (50 U.S.C. 1701 et seq.), (f) APPLICATION OF CERTAIN PROVISIONS OF (i) the financial transaction is for the pur- the Iran Sanctions Act of 1996, the Com- IRAN SANCTIONS ACT OF 1996.—The following chase of purchase of petroleum or petroleum prehensive Iran Sanctions, Accountability, provisions of the Iran Sanctions Act of 1996 products from Iran; and Divestment Act of 2010 (22 U.S.C. 8501 et (Public Law 104–172; 50 U.S.C. 1701 note) shall (ii) the financial transaction is only for seq.), the Iran Threat Reduction and Syria apply with respect to the imposition of sanc- trade in goods or services— Human Rights Act of 2012 (22 U.S.C. 8701 et tions under subsection (a) to the same extent (I) not otherwise subject to sanctions seq.), the Iran, North Korea, and Syria Non- that such provisions apply with respect to under the law of the United States; and proliferation Act (Public Law 106–178; 50 the imposition of sanctions under section (II) between the country with primary ju- U.S.C. 1701 note), or any other provision of 5(a) of that Act: risdiction over the foreign financial institu- law relating to the imposition of sanctions (1) Subsections (c), (d), and (f) of section 5 tion and Iran; and with respect to Iran; (except for paragraphs (3) and (4)(C) of such (iii) any funds owed to Iran as a result of (2) to or for any person— subsection (f)). such trade are credited to an account located (A) with respect to, or for the benefit of (2) Sections 8, 11, and 12. in the country with primary jurisdiction any activity in the energy, shipping, or ship- over the foreign financial institution. building sectors of Iran for which sanctions SEC. 1267. IMPOSITION OF SANCTIONS WITH RE- SPECT TO FOREIGN FINANCIAL IN- (e) APPLICABILITY OF SANCTIONS TO NAT- are imposed under this subtitle; STITUTIONS THAT FACILITATE FI- URAL GAS.—Subsection (a) shall apply to a (B) for the sale, supply, or transfer to or NANCIAL TRANSACTIONS ON BE- foreign financial institution that conducts or from Iran of materials described in section HALF OF SPECIALLY DESIGNATED facilitates a financial transaction for the 1255(c); or NATIONALS. sale, supply, or transfer to or from Iran of (C) designated for the imposition of sanc- (a) IN GENERAL.—Except as provided in this natural gas unless— tions pursuant to the International Emer- section, the President shall prohibit the (1) the financial transaction is only for gency Economic Powers Act (50 U.S.C. 1701 opening, and prohibit or impose strict condi- trade in goods or services— et seq.) in connection with— tions on the maintaining, in the United (A) not otherwise subject to sanctions (i) Iran’s proliferation of weapons of mass States of a correspondent account or a pay- under the law of the United States; and destruction or delivery systems for weapons able-through account by a foreign financial (B) between the country with primary ju- of mass destruction; or institution that the President determines risdiction over the foreign financial institu- (ii) Iran’s support for international ter- has, on or after the date that is 90 days after tion and Iran; and rorism; or the date of the enactment of this Act, know- (2) any funds owed to Iran as a result of (3) to or for any Iranian person included on ingly facilitated a significant financial such trade are credited to an account located the list of specially designated nationals and transaction on behalf of any Iranian person in the country with primary jurisdiction blocked persons maintained by the Office of included on the list of specially designated over the foreign financial institution. Foreign Assets Control of the Department of nationals and blocked persons maintained by (f) WAIVER.— the Treasury (other than an Iranian finan- the Office of Foreign Assets Control of the (1) IN GENERAL.—The President may waive cial institution described in subsection (b)). Department of the Treasury (other than an the imposition of sanctions under subsection (b) IRANIAN FINANCIAL INSTITUTIONS DE- Iranian financial institution described in (a) for a period of not more than 120 days, SCRIBED.—An Iranian financial institution subsection (b)). and may renew that waiver for additional pe- described in this subsection is an Iranian fi- (b) IRANIAN FINANCIAL INSTITUTIONS DE- riods of not more than 120 days, if the Presi- nancial institution that has not been des- SCRIBED.—An Iranian financial institution dent— ignated for the imposition of sanctions in described in this subsection is an Iranian fi- (A) determines that such a waiver is vital connection with— nancial institution that has not been des- to the national security of the United (1) Iran’s proliferation of weapons of mass ignated for the imposition of sanctions in States; and destruction or delivery systems for weapons connection with— (B) submits to the appropriate congres- of mass destruction; (1) Iran’s proliferation of weapons of mass sional committees a report providing a jus- (2) Iran’s support for international ter- destruction or delivery systems for weapons tification for the waiver. rorism; or of mass destruction; (2) FORM OF REPORT.—Each report sub- (3) Iran’s abuses of human rights. (2) Iran’s support for international ter- mitted under paragraph (1)(B) shall be sub- (c) HUMANITARIAN EXCEPTION.—The Presi- rorism; or mitted in unclassified form, but may include dent may not impose sanctions under sub- (3) Iran’s abuses of human rights. a classified annex. section (a) for the provision of underwriting (c) HUMANITARIAN EXCEPTION.—The Presi- SEC. 1268. INCLUSION OF THE ISLAMIC REPUB- services or insurance or reinsurance for a dent may not impose sanctions under sub- LIC OF IRAN BROADCASTING ON transaction for the sale of agricultural com- section (a) with respect to any person for THE LIST OF HUMAN RIGHTS ABUS- modities, food, medicine, or medical devices conducting or facilitating a transaction for ERS. to Iran or for the provision of humanitarian the sale of agricultural commodities, food, (a) FINDINGS.—Congress makes the fol- assistance to the people of Iran. medicine, or medical devices to Iran or for lowing findings: (d) EXCEPTION FOR UNDERWRITERS AND IN- the provision of humanitarian assistance to (1) The Islamic Republic of Iran Broad- SURANCE PROVIDERS EXERCISING DUE DILI- the people of Iran. casting has contributed to the infringement GENCE.—The President may not impose sanc- (d) APPLICABILITY OF SANCTIONS TO PETRO- of individuals’ human rights by broadcasting tions under paragraph (1) or (3) or subpara- LEUM AND PETROLEUM PRODUCTS.— forced televised confession and show trials. graph (A) or (B) of paragraph (2) of sub- (1) IN GENERAL.—Except as provided in (2) In March 2012, the European Council im- section (a) with respect to a person that pro- paragraph (2), subsection (a) shall apply with posed sanctions on the President of the Is- vides underwriting services or insurance or respect to a financial transaction for the lamic Republic of Iran Broadcasting, reinsurance if the President determines that purchase of petroleum or petroleum products Ezzatollah Zargami, for broadcasting forced the person has exercised due diligence in es- from Iran only if, at the time of the trans- confessions of detainees and a series of tablishing and enforcing official policies, action, a determination of the President ‘‘show trials’’ in August 2009 and December procedures, and controls to ensure that the under section 1245(d)(4)(B) of the National 2011 that constituted a clear violation of

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7551 international law with respect to the right (3) by inserting after clause (i) the fol- the Iran Threat Reduction and Syria Human to a fair trial and due process. lowing new clause: Rights Act of 2012 (22 U.S.C. 8783) to which (b) INCLUSION OF THE ISLAMIC REPUBLIC OF ‘‘(ii) certifying that the country with pri- the exception under that section applies at IRAN BROADCASTING ON THE LIST OF HUMAN mary jurisdiction over the foreign financial the time of the activity. RIGHTS ABUSERS.—The President shall in- institution otherwise subject to the sanc- SEC. 1275. RULE OF CONSTRUCTION. clude the Islamic Republic of Iran Broad- tions faced exceptional circumstances that Nothing in this subtitle or the amend- casting and the President of the Islamic Re- prevented the country from being able to sig- ments made by this subtitle shall be con- public of Iran Broadcasting, Ezzatollah nificantly reduce its volume of crude oil pur- strued to limit sanctions imposed with re- Zargami, in the first update to the list of chases; and’’. spect to Iran under any other provision of persons complicit in, or responsible for or- SEC. 1271. STATUTE OF LIMITATIONS FOR CIVIL law or to limit the authority of the Presi- dering, controlling, or otherwise directing, ACTIONS REGARDING TERRORIST dent to impose additional sanctions with re- the commission of serious human rights ACTS. spect to Iran. (a) IN GENERAL.—Section 2335 of title 18, abuses against citizens of Iran or their fam- TITLE XIII—COOPERATIVE THREAT United States Code, is amended— ily members submitted under section 105 of REDUCTION the Comprehensive Iran Sanctions, Account- (1) in subsection (a), by striking ‘‘4 years’’ ability, and Divestment Act of 2010 (22 U.S.C. and inserting ‘‘10 years’’; and SEC. 1301. SPECIFICATION OF COOPERATIVE (2) in subsection (b), by striking ‘‘4-year THREAT REDUCTION PROGRAMS 8514) after the date of the enactment of this AND FUNDS. Act. period’’ and inserting ‘‘10-year period’’. (a) SPECIFICATION OF COOPERATIVE THREAT (b) EFFECTIVE DATE.—The amendments SEC. 1269. IMPOSITION OF SANCTIONS WITH RE- REDUCTION PROGRAMS.—For purposes of sec- made by this section shall apply to— SPECT TO PERSONS ENGAGED IN tion 301 and other provisions of this Act, Co- THE DIVERSION OF GOODS IN- (1) proceedings under section 2333 of title operative Threat Reduction programs are TENDED FOR THE PEOPLE OF IRAN. 18, United States Code, pending in any form the programs specified in section 1501 of the (a) IN GENERAL.—Title I of the Comprehen- on the date of the enactment of this Act; National Defense Authorization Act for Fis- sive Iran Sanctions, Accountability, and Di- (2) proceedings under such section com- cal Year 1997 (50 U.S.C. 2632 note). vestment Act of 2010 (22 U.S.C. 8511 et seq.) is menced on or after the date of the enactment (b) FISCAL YEAR 2013 COOPERATIVE THREAT amended by inserting after section 105B the of this Act; and REDUCTION FUNDS DEFINED.—As used in this following: (3) any civil action brought for recovery of title, the term ‘‘fiscal year 2013 Cooperative ‘‘SEC. 105C. IMPOSITION OF SANCTIONS WITH RE- damages under such section resulting from Threat Reduction funds’’ means the funds SPECT TO PERSONS ENGAGED IN acts of international terrorism that occurred appropriated pursuant to the authorization THE DIVERSION OF GOODS IN- more than 10 years before the date of the en- of appropriations in section 301 and made TENDED FOR THE PEOPLE OF IRAN. actment of this Act, provided that the action available by the funding table in section 4301 ‘‘(a) IN GENERAL.—The President shall im- is filed not later than 6 years after the date for Cooperative Threat Reduction programs. pose sanctions described in section 105(c) of the enactment of this Act. with respect to each person on the list re- (c) AVAILABILITY OF FUNDS.—Funds appro- SEC. 1272. REPORT ON USE OF CERTAIN IRANIAN quired by subsection (b). priated pursuant to the authorization of ap- SEAPORTS BY FOREIGN VESSELS propriations in section 301 and made avail- ‘‘(b) LIST OF PERSONS WHO ENGAGE IN DI- AND USE OF FOREIGN AIRPORTS BY VERSION.— SANCTIONED IRANIAN AIR CAR- able by the funding table in section 4301 for ‘‘(1) IN GENERAL.—As relevant information RIERS. Cooperative Threat Reduction programs becomes available, the President shall sub- (a) IN GENERAL.—Not later than 180 days shall be available for obligation for fiscal mit to the appropriate congressional com- after the date of the enactment of this Act, years 2013, 2014, and 2015. mittees a list of persons that the President and annually thereafter, the President shall SEC. 1302. FUNDING ALLOCATIONS. determines have, on or after such date of en- submit to the appropriate congressional (a) FUNDING FOR SPECIFIC PURPOSES.—Of actment, engaged in corruption or other ac- committees a report that contains— the $519,100,000 authorized to be appropriated tivities relating to— (1) a list of vessels that have entered sea- to the Department of Defense for fiscal year ‘‘(A) the diversion of goods, including agri- ports in Iran controlled by the Tidewater 2013 in section 301 and made available by the cultural commodities, food, medicine, and Middle East Company during the period funding table in section 4301 for Cooperative medical devices, intended for the people of specified in subsection (b) and the owners Threat Reduction programs, the following Iran; or and operators of those vessels; and amounts may be obligated for the purposes ‘‘(B) the misappropriation of proceeds from (2) a list of all airports at which aircraft specified: the sale or resale of such goods. owned or controlled by an Iranian air carrier (1) For strategic offensive arms elimi- ‘‘(2) FORM OF REPORT; PUBLIC AVAIL- on which sanctions have been imposed by the nation, $68,300,000. ABILITY.— United States have landed during the period (2) For chemical weapons destruction, ‘‘(A) FORM.—The list required by paragraph specified in subsection (b). $14,600,000. (1) shall be submitted in unclassified form (b) PERIOD SPECIFIED.—The period specified (3) For global nuclear security, $99,800,000. but may contain a classified annex. in this subsection is— (4) For cooperative biological engagement, ‘‘(B) PUBLIC AVAILABILITY.—The unclassi- (1) in the case of the first report submitted $276,400,000. fied portion of the list required by paragraph under subsection (a), the 180-day period pre- (5) For proliferation prevention, $32,400,000. (1) shall be made available to the public and ceding the submission of the report; and (6) For threat reduction engagement, posted on the websites of the Department of (2) in the case of any subsequent report $2,400,000. the Treasury and the Department of State.’’. submitted under that subsection, the year (7) For other assessments/administrative (b) WAIVER.—Section 401(b)(1) of the Com- preceding the submission of the report. support, $25,200,000. prehensive Iran Sanctions, Accountability, (c) FORM OF REPORT.—Each report required (b) REPORT ON OBLIGATION OR EXPENDITURE and Divestment Act of 2010 (22 U.S.C. by subsection (a) shall be submitted in un- OF FUNDS FOR OTHER PURPOSES.—No fiscal 8551(b)(1)) is amended— classified form, but may include a classified year 2013 Cooperative Threat Reduction (1) by striking ‘‘or 105B(a)’’ and inserting annex. funds may be obligated or expended for a ‘‘105B(a), or 105C(a)’’; and SEC. 1273. IMPLEMENTATION; PENALTIES. purpose other than a purpose listed in para- (2) by striking ‘‘or 105B(b)’’ and inserting (a) IMPLEMENTATION.—The President may graphs (1) through (7) of subsection (a) until ‘‘105B(b), or 105C(b)’’. exercise all authorities provided under sec- 15 days after the date that the Secretary of (c) CLERICAL AMENDMENT.—The table of tions 203 and 205 of the International Emer- Defense submits to Congress a report on the contents for the Comprehensive Iran Sanc- gency Economic Powers Act (50 U.S.C. 1702 purpose for which the funds will be obligated tions, Accountability, and Divestment Act of and 1704) to carry out this subtitle. or expended and the amount of funds to be 2010 is amended by inserting after the item (b) PENALTIES.—The penalties provided for obligated or expended. Nothing in the pre- relating to section 105B the following: in subsections (b) and (c) of section 206 of the ceding sentence shall be construed as author- ‘‘Sec. 105C. Imposition of sanctions with re- International Emergency Economic Powers izing the obligation or expenditure of fiscal spect to persons engaged in the Act (50 U.S. C. 1705) shall apply to a person year 2013 Cooperative Threat Reduction diversion of goods intended for that violates, attempts to violate, conspires funds for a purpose for which the obligation the people of Iran.’’. to violate, or causes a violation of this sub- or expenditure of such funds is specifically SEC. 1270. WAIVER REQUIREMENT RELATED TO title or regulations prescribed under this prohibited under this title or any other pro- EXCEPTIONAL CIRCUMSTANCES subtitle to the same extent that such pen- vision of law. PREVENTING SIGNIFICANT REDUC- alties apply to a person that commits an un- (c) LIMITED AUTHORITY TO VARY INDIVIDUAL TIONS IN CRUDE OIL PURCHASES. lawful act described in section 206(a) of that AMOUNTS.— Section 1245(d)(5)(B) of the National De- Act. (1) IN GENERAL.—Subject to paragraph (2), fense Authorization Act for Fiscal Year 2012 SEC. 1274. APPLICABILITY TO CERTAIN NATURAL in any case in which the Secretary of De- (22 U.S.C. 8513a(d)(5)(B)) is amended— GAS PROJECTS. fense determines that it is necessary to do so (1) in clause (i), by striking ‘‘; and’’ and in- Nothing in this subtitle or the amend- in the national interest, the Secretary may serting a semicolon; ments made by this subtitle shall apply with obligate amounts appropriated for fiscal (2) by redesignating clause (ii) as clause respect to any activity relating to a project year 2013 for a purpose listed in paragraphs (iii); and described in subsection (a) of section 603 of (1) through (7) of subsection (a) in excess of

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7552 CONGRESSIONAL RECORD — SENATE December 5, 2012 the specific amount authorized for that pur- ‘‘(3) on the order of the Under Secretary of tion Civil Support Team may be established pose. Defense for Acquisition, Technology, and Lo- beyond the number authorized by sub- (2) NOTICE-AND-WAIT REQUIRED.—An obliga- gistics, if the President has designated the sections (a) and (b) unless— tion of funds for a purpose stated in para- Under Secretary to have authority to issue ‘‘(1) the Secretary submits to Congress a graphs (1) through (7) of subsection (a) in ex- release orders under this subsection and, in request for authority to establish such team, cess of the specific amount authorized for the case of any such order, if the Under Sec- including a detailed justification for their such purpose may be made using the author- retary determines that the release of such establishment; and ity provided in paragraph (1) only after— materials is required for use, manufacture, ‘‘(2) the establishment of such team is spe- (A) the Secretary submits to Congress no- or production for purposes of national de- cifically authorized by a law enacted after tification of the intent to do so together fense.’’. the date of the enactment of the National with a complete discussion of the justifica- (b) EXCLUSION FROM DELEGATION LIMITA- Defense Authorization Act for Fiscal Year tion for doing so; and TION.—Section 16 of such Act (50 U.S.C. 98h– 2013.’’. (B) 15 days have elapsed following the date 7) is amended by striking ‘‘sections 7 and 13’’ (b) REPORT.—Not later than 180 days after of the notification. each place it appears and inserting ‘‘sections the date of the enactment of this Act, the TITLE XIV—OTHER AUTHORIZATIONS 7(a)(1) and 13’’. Secretary of Defense shall submit to the con- Subtitle A—Military Programs Subtitle C—Chemical Demilitarization gressional defense committees a report on Matters the Weapons of Mass Destruction Civil Sup- SEC. 1401. WORKING CAPITAL FUNDS. SEC. 1421. SUPPLEMENTAL CHEMICAL AGENT port Teams. The report shall include the fol- Funds are hereby authorized to be appro- AND MUNITIONS DESTRUCTION lowing: priated for fiscal year 2013 for the use of the TECHNOLOGIES AT PUEBLO CHEM- (1) A detailed description of risk manage- Armed Forces and other activities and agen- ICAL DEPOT, COLORADO, AND BLUE ment criteria and considerations to be used cies of the Department of Defense for pro- GRASS ARMY DEPOT, KENTUCKY. in determining the optimal number and loca- viding capital for working capital and re- (a) SUPPLEMENTAL DESTRUCTION TECH- tion of Weapons of Mass Destruction Civil volving funds, as specified in the funding NOLOGIES.—Section 1412 of the Department of Support Teams. table in section 4501. Defense Authorization Act, 1986 (50 U.S.C. (2) A description of the operational and 1521) is amended— SEC. 1402. NATIONAL DEFENSE SEALIFT FUND. training activities conducted by the Weapons (1) by redesignating subsection (o) as sub- Funds are hereby authorized to be appro- of Mass Destruction Civil Support Teams section (p); and priated for fiscal year 2013 for the National during each of fiscal years 2010, 2011, and (2) by inserting after subsection (n) the fol- Defense Sealift Fund, as specified in the 2012. lowing new subsection (o): funding table in section 4501. (3) An assessment of the optimal number ‘‘(o) SUPPLEMENTAL DESTRUCTION TECH- SEC. 1403. DEFENSE HEALTH PROGRAM. and location of Weapons of Mass Destruction Funds are hereby authorized to be appro- NOLOGIES.—In determining the technologies to supplement the neutralization destruction Civil Support Teams in light of the informa- priated for the Department of Defense for fis- tion under paragraphs (1) and (2). cal year 2013 for expenses, not otherwise proof the stockpile of lethal chemical agents and munitions at Pueblo Chemical Depot, (4) A comparative analysis of the cost of vided for, for the Defense Health Program, as establishing Weapons of Mass Destruction specified in the funding table in section 4501. Colorado, and Blue Grass Army Depot, Ken- tucky, the Secretary of Defense may con- Civil Support Teams in the reserve compo- SEC. 1404. CHEMICAL AGENTS AND MUNITIONS sider the following: nents of the Armed Forces (other than the DESTRUCTION, DEFENSE. ‘‘(1) Explosive Destruction Technologies. National Guard) with the cost of establishing (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) Any technologies developed for treat- Weapons of Mass Destruction Civil Support Funds are hereby authorized to be appro- ment and disposal of agent or energetic hy- Teams in the National Guard. priated for the Department of Defense for fis- drolysates, if problems with the current on- (5) A description of the portion of the costs cal year 2013 for expenses, not otherwise pro- site treatment of hydrolysates are encoun- of Weapons of Mass Destruction Civil Sup- vided for, for Chemical Agents and Muni- tered.’’. port Teams that is currently borne by the tions Destruction, Defense, as specified in (b) REPEAL OF SUPERSEDED PROVISION.— States. the funding table in section 4501. Section 151 of the Floyd D. Spence National SEC. 1433. POLICY OF THE UNITED STATES WITH (b) USE.—Amounts authorized to be appro- Defense Authorization Act for Fiscal Year RESPECT TO A DOMESTIC SUPPLY priated under subsection (a) are authorized 2001 (as enacted into law by Public Law 106– OF CRITICAL AND ESSENTIAL MIN- for— 398; 114 Stat. 1645A–30) is repealed. ERALS. (1) the destruction of lethal chemical Subtitle D—Other Matters (a) POLICY OF THE UNITED STATES.—It is agents and munitions in accordance with the policy of the United States to promote section 1412 of the Department of Defense SEC. 1431. AUTHORIZATION OF APPROPRIATIONS the development of an adequate, reliable, FOR ARMED FORCES RETIREMENT Authorization Act, 1986 (50 U.S.C. 1521); and and stable supply of critical and essential (2) the destruction of chemical warfare ma- HOME. There is hereby authorized to be appro- minerals in the United States in order to teriel of the United States that is not cov- strengthen and sustain the military readi- ered by section 1412 of such Act. priated for fiscal year 2013 from the Armed Forces Retirement Home Trust Fund the ness, national security, and critical infra- SEC. 1405. DRUG INTERDICTION AND COUNTER- sum of $67,590,000 for the operation of the structure of the United States. DRUG ACTIVITIES, DEFENSE-WIDE. Armed Forces Retirement Home. (b) COORDINATION OF DEVELOPMENT OF SUP- Funds are hereby authorized to be appro- PLY OF CRITICAL AND ESSENTIAL MINERALS.— priated for the Department of Defense for fis- SEC. 1432. ADDITIONAL WEAPONS OF MASS DE- STRUCTION CIVIL SUPPORT TEAMS. To implement the policy described in sub- cal year 2013 for expenses, not otherwise pro- (a) IN GENERAL.—Section 1403 of the Bob section (a), the President shall, acting vided for, for Drug Interdiction and Counter- Stump National Defense Authorization Act through the Executive Office of the Presi- Drug Activities, Defense-wide, as specified in for Fiscal Year 2003 (Public Law 107–314; 116 dent, coordinate the actions of the appro- the funding table in section 4501. Stat. 2676; 10 U.S.C. 12310 note) is amended— priate federal agencies to identify opportuni- SEC. 1406. DEFENSE INSPECTOR GENERAL. (1) by striking subsection (b); ties for and to facilitate the development of Funds are hereby authorized to be appro- (2) by redesignating subsection (c) as sub- resources in the United States to meet the priated for the Department of Defense for fis- section (d); and critical and essential mineral needs of the cal year 2013 for expenses, not otherwise pro- (3) by inserting after subsection (a) the fol- United States. vided for, for the Office of the Inspector Gen- lowing new subsections (b) and (c): TITLE XV—AUTHORIZATION OF APPRO- eral of the Department of Defense, as speci- ‘‘(b) ESTABLISHMENT OF FURTHER ADDI- PRIATIONS FOR OVERSEAS CONTIN- fied in the funding table in section 4501. TIONAL TEAMS.—The Secretary of Defense is GENCY OPERATIONS Subtitle B—National Defense Stockpile authorized to have established two addi- Subtitle A—Authorization of Appropriations SEC. 1411. RELEASE OF MATERIALS NEEDED FOR tional teams designated as Weapons of Mass NATIONAL DEFENSE PURPOSES Destruction Civil Support teams, beyond the SEC. 1501. PURPOSE. FROM THE STRATEGIC AND CRIT- 55 teams required in subsection (a), if— The purpose of this subtitle is to authorize ICAL MATERIALS STOCKPILE. ‘‘(1) the Secretary of Defense has made the appropriations for the Department of De- (a) AUTHORITY FOR PRESIDENT TO DELEGATE certification provided for in section fense for fiscal year 2013 to provide addi- SPECIAL DISPOSAL AUTHORITY OF PRESIDENT 12310(c)(5) of title 10, United States Code, tional funds for overseas contingency oper- FOR RELEASE FOR NATIONAL DEFENSE PUR- with respect to each of such additional ations being carried out by the Armed POSES.—Section 7(a) of the Strategic and teams before December 31, 2011; and Forces. Critical Materials Stock Piling Act (50 ‘‘(2) the establishment of such additional U.S.C. 98f(a)) is amended— teams does not require an increase in au- SEC. 1502. PROCUREMENT. (1) in paragraph (1), by striking ‘‘and’’ at thorized personnel levels above the numbers Funds are hereby authorized to be appro- the end; authorized as of the date of the enactment of priated for fiscal year 2013 for procurement (2) in paragraph (2), by striking the period the National Defense Authorization Act for accounts for the Army, the Navy and the Ma- at the end and inserting ‘‘; and’’; and Fiscal Year 2013. rine Corps, the Air Force, and Defense-wide (3) by adding at the end the following new ‘‘(c) LIMITATION OF ESTABLISHMENT OF FUR- activities, as specified in the funding table in paragraph: THER TEAMS.—No Weapons of Mass Destruc- section 4102.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7553 SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND Subtitle C—Limitations and Other Matters transfer funds available under paragraph (1) EVALUATION. SEC. 1531. AFGHANISTAN SECURITY FORCES to such department or agency for the provi- Funds are hereby authorized to be appro- FUND. sion of training, equipment, supplies, and priated for fiscal year 2013 for the use of the (a) CONTINUATION OF EXISTING LIMITA- services to ministries and other entities of Department of Defense for research, develop- TIONS.—Funds available to the Department the Government of Pakistan as described in ment, test, and evaluation, as specified in of Defense for the Afghanistan Security that paragraph by such department or agen- the funding table in section 4202. Forces Fund for fiscal year 2013 shall be sub- cy. SEC. 1504. OPERATION AND MAINTENANCE. ject to the conditions contained in sub- (3) NOTICE TO CONGRESS.—Funds may not be Funds are hereby authorized to be appro- sections (b) through (g) of section 1513 of the used under the authority in paragraph (1) priated for fiscal year 2013 for the use of the National Defense Authorization Act for Fis- until 15 days after the date on which the Sec- Armed Forces and other activities and agen- cal Year 2008 (Public Law 110–181; 122 Stat. retary of Defense submits to the congres- cies of the Department of Defense for ex- 428), as amended by section 1531(b) of the Ike sional defense committees a notice on the penses, not otherwise provided for, for oper- Skelton National Defense Authorization Act training, equipment, supplies, and services ation and maintenance, as specified in the for Fiscal Year 2011 (Public Law 111–383; 124 to be provided using such funds. funding table in section 4302. Stat. 4424). (c) EXPIRATION.—This section shall cease to SEC. 1505. MILITARY PERSONNEL. (b) AVAILABILITY FOR SUPPORT OF TRAINING be effective on December 31, 2013. Funds are hereby authorized to be appro- OF AFGHAN PUBLIC PROTECTION FORCE.—As- SEC. 1533. PLAN FOR TRANSITION IN FUNDING priated for fiscal year 2013 for the use of the sistance provided during fiscal year 2013 uti- OF UNITED STATES SPECIAL OPER- Armed Forces and other activities and agen- lizing funds in the Afghanistan Security ATIONS COMMAND FROM SUPPLE- cies of the Department of Defense for ex- Forces Fund may be used to increase the ca- MENTAL FUNDING FOR OVERSEAS penses, not otherwise provided for, for mili- pacity of the Government of Afghanistan to CONTINGENCY OPERATIONS TO RE- tary personnel, as specified in the funding recruit, vet, train, and manage the Afghan CURRING FUNDING UNDER THE FU- table in section 4402. Public Protection Force within the Afghani- TURE-YEARS DEFENSE PROGRAM. SEC. 1506. WORKING CAPITAL FUNDS. stan Ministry of Interior, including activi- The Secretary of Defense shall submit to Funds are hereby authorized to be appro- ties in connection with the following: the congressional defense committees, at the priated for fiscal year 2013 for the use of the (1) Expanding the capacity of the Force to same time as the budget of the President for Armed Forces and other activities and agen- train and qualify recruits for static security, fiscal year 2014 is submitted to Congress pur- cies of the Department of Defense for pro- convoy security, and personal detail secu- suant to section 1105(a) of title 31, United viding capital for working capital and re- rity. States Code, a plan for the transition of volving funds, as specified in the funding (2) Improving the infrastructure of the Af- funding of the United States Special Oper- table in section 4502. ghan Public Protection Force Training Cen- ations Command from funds authorized to be appropriated for overseas contingency oper- SEC. 1507. DEFENSE HEALTH PROGRAM. ter or other facilities for training Force per- ations (commonly referred to as the ‘‘over- Funds are hereby authorized to be appro- sonnel. seas contingency operations budget’’) to priated for the Department of Defense for fis- (3) Increasing the capacity of the Afghani- funds authorized to be appropriated for recal year 2013 for expenses, not otherwise pro- stan Ministry of Interior to manage the curring operations of the Department of De- vided for, for the Defense Health Program, as Force. fense in accordance with applicable future- specified in the funding table in section 4502. (4) Improving procedures for recruiting and vetting Force personnel. years defense programs under section 221 of SEC. 1508. DRUG INTERDICTION AND COUNTER- (5) Establishing or implementing require- title 10, United States Code (commonly re- DRUG ACTIVITIES, DEFENSE-WIDE. ferred to as the ‘‘base budget’’). Funds are hereby authorized to be appro- ments for qualifications, training, and ac- priated for the Department of Defense for fis- countability consistent with the purposes of SEC. 1534. EXTENSION OF AUTHORITY ON TASK cal year 2013 for expenses, not otherwise pro- section 862 of the National Defense Author- FORCE FOR BUSINESS AND STA- ization Act for Fiscal Year 2008 (10 U.S.C. BILITY OPERATIONS IN AFGHANI- vided for, for Drug Interdiction and Counter- STAN. Drug Activities, Defense-wide, as specified in 2302 note), to the extent feasible. the funding table in section 4502. (c) PLAN FOR USE OF AFGHANISTAN SECU- Section 1535(a) of the Ike Skelton National RITY FORCES FUND THROUGH 2017.—No later Defense Authorization Act for Fiscal Year SEC. 1509. DEFENSE INSPECTOR GENERAL. than 90 days after the date of the enactment 2011 (Public Law 111–383; 124 Stat. 4426), as Funds are hereby authorized to be appro- of this Act, the Secretary of Defense shall amended by section 1534 of the National De- priated for the Department of Defense for fis- submit to the congressional defense commit- fense Authorization Act for Fiscal Year 2012 cal year 2013 for expenses, not otherwise pro- tees a plan for using funds available to the (Public Law 112–81; 125 Stat. 1658), is further vided for, for the Office of the Inspector Gen- Department of Defense to provide assistance amended— eral of the Department of Defense, as speci- to the security forces of Afghanistan (1) in the second sentence of paragraph fied in the funding table in section 4502. through the Afghanistan Security Forces (4)— Subtitle B—Financial Matters Fund through September 30, 2017. (A) by striking ‘‘The amount of funds SEC. 1521. TREATMENT AS ADDITIONAL AUTHOR- SEC. 1532. JOINT IMPROVISED EXPLOSIVE DE- used’’ and inserting ‘‘The amount of fund ob- IZATIONS. VICE DEFEAT FUND. ligated’’; The amounts authorized to be appropriated (a) USE AND TRANSFER OF FUNDS.—Sub- (B) by inserting ‘‘and $93,000,000 for fiscal by this title are in addition to amounts oth- sections (b) and (c) of section 1514 of the year 2013’’ after ‘‘fiscal year 2012’’; and erwise authorized to be appropriated by this John Warner National Defense Authorization (C) by inserting ‘‘for fiscal year 2012’’ after Act. Act for Fiscal Year 2007 (Public Law 109–364; ‘‘except that’’; SEC. 1522. SPECIAL TRANSFER AUTHORITY. 120 Stat. 2439), as in effect before the amend- (2) in paragraph (6), by striking ‘‘October (a) AUTHORITY TO TRANSFER AUTHORIZA- ments made by section 1503 of the Duncan 31, 2011, and October 31, 2012’’ and inserting TIONS.— Hunter National Defense Authorization Act ‘‘October 31 of each of 2011, 2012, and 2013’’; (1) AUTHORITY.—Upon determination by for Fiscal Year 2009 (Public Law 110–417; 122 and the Secretary of Defense that such action is Stat. 4649), shall apply to the funds made (3) in paragraph (7)— necessary in the national interest, the Sec- available to the Department of Defense for (A) by striking ‘‘provided in’’ and inserting retary may transfer amounts of authoriza- the Joint Improvised Explosive Device De- ‘‘to obligate funds for projects under’’; and tions made available to the Department of feat Fund for fiscal year 2013. (B) by striking ‘‘September 30, 2012’’ and Defense in this title for fiscal year 2013 be- (b) AVAILABILITY OF CERTAIN FISCAL YEAR inserting ‘‘September 30, 2013’’. tween any such authorizations for that fiscal 2013 FUNDS.— SEC. 1535. ASSESSMENTS OF TRAINING ACTIVI- year (or any subdivisions thereof). Amounts (1) IN GENERAL.—Of the funds made avail- TIES AND INTELLIGENCE ACTIVI- of authorizations so transferred shall be able to the Department of Defense for the TIES OF THE JOINT IMPROVISED EX- merged with and be available for the same Joint Improvised Explosive Device Defeat PLOSIVE DEVICE DEFEAT ORGANI- purposes as the authorization to which Fund for fiscal year 2013, $15,000,000 may be ZATION. transferred. available to the Secretary of Defense to pro- (a) TRAINING ACTIVITIES.— (2) LIMITATION.—The total amount of au- vide training, equipment, supplies, and serv- (1) IN GENERAL.—Not later than 180 days thorizations that the Secretary may transfer ices to ministries and other entities of the after the date of the enactment of this Act, under the authority of this subsection may Government of Pakistan that the Secretary the Secretary of Defense shall, in consulta- not exceed $4,000,000,000. has identified as critical for countering the tion with the Chairman of Joint Chiefs of (b) TERMS AND CONDITIONS.—Transfers flow of improvised explosive device precursor Staff and the other chiefs of staff of the under this section shall be subject to the chemicals from Pakistan to locations in Af- Armed Forces, submit to the congressional same terms and conditions as transfers ghanistan. defense committees a report setting forth an under section 1001. (2) PROVISION THROUGH OTHER US AGEN- assessment of the training-related activities (c) ADDITIONAL AUTHORITY.—The transfer CIES.—If jointly agreed upon by the Sec- of the Joint Improvised Explosive Device De- authority provided by this section is in addi- retary of Defense and the head of another defeat Organization (JIEDDO). tion to the transfer authority provided under partment or agency of the United States (2) ELEMENTS.—The assessment required by section 1001. Government, the Secretary of Defense may paragraph (1) shall—

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7554 CONGRESSIONAL RECORD — SENATE December 5, 2012 (A) include all training programs and func- (6) An identification and assessment of the tion into the Afghanistan National Security tions executed by the Joint Improvised Ex- risk associated with the transition of combat Forces; and plosive Device Defeat Organization in sup- responsibilities to the Afghanistan security (D) the willingness of North Atlantic Trea- port of the United States Armed Forces or forces following such change in levels. ty Organization/International Security As- coalition partners; (7) An assessment of the impact of such sistance Force allies to maintain forces in (B) identify any program or function which change in levels on coalition military con- Afghanistan or commit to the post-2014 is duplicated elsewhere within the Depart- tributions to the mission in Afghanistan. training mission for the Afghanistan Na- ment of Defense; and (8) A description of the assumptions to be tional Security Forces. (C) assess the value of maintaining such in force regarding the security situation in (6) An assessment of the impact that a re- duplication. Afghanistan following such change in levels. duction in training and partnering would (3) FORM.—The report required by para- (9) Such other matters regarding such have on the independent capabilities of the graph (1) shall be submitted in unclassified change in levels as the Chairman considers Afghanistan National Security Forces, and form, but may include a classified annex. appropriate. whether the training of the Afghanistan Na- (4) LIMITATION.—No training-related pro- SEC. 1537. REPORT ON INSIDER ATTACKS IN AF- tional Security Forces should remain a key gram may be initiated by the Joint Impro- GHANISTAN AND THEIR EFFECT ON component of the United States and North vised Explosive Device Defeat Organization THE UNITED STATES TRANSITION Atlantic Treaty Organization strategy in Af- between the date of the enactment of this STRATEGY FOR AFGHANISTAN. ghanistan. Act and the date of the submittal of the re- (a) REPORT.—Not later than 180 days after (c) UNCLASSIFIED EXECUTIVE SUMMARY.— port required by paragraph (1). the date of the enactment of this Act, the The report submitted under subsection (b) Secretary of Defense shall, in consultation (b) INTELLIGENCE ACTIVITIES.— shall include an executive summary of the with the Secretary of State and the Com- (1) IN GENERAL.—Not later than 180 days contents of the report in unclassified form. mander of North Atlantic Treaty Organiza- after the date of the enactment of this Act, TITLE XVI—MILITARY COMPENSATION tion/International Security Assistance Force AND RETIREMENT MODERNIZATION the Secretary of Defense shall, in consulta- forces in Afghanistan, submit to Congress a COMMISSION tion with the Director of National Intel- report on the attacks and associated threats ligence, submit to the congressional defense by Afghanistan National Security Forces SEC. 1601. SHORT TITLE. committees a report setting forth an assess- personnel, Afghanistan National Security This title may be cited as the ‘‘Military ment of the activities of the Counter-Impro- Forces impersonators, and private security Compensation and Retirement Moderniza- vised-Explosive-Device Operations Integra- contractors against United States, Afghani- tion Commission Act of 2012’’. tion Center of the Joint Improvised Explo- stan, and coalition military and civilian per- SEC. 1602. PURPOSE. sive Device Defeat Organization. sonnel (‘‘insider attacks’’) in Afghanistan, The purpose of this title is to establish a (2) ELEMENTS.—The assessment required by and the effect of these attacks on the overall Commission to review and make rec- paragraph (1) shall— transition strategy in Afghanistan. ommendations to modernize the military (A) include all intelligence analysis pro- (b) ELEMENTS.—The report required by sub- compensation and retirement systems in grams and functions executed by the section (a) shall include the following: order to— Counter-Improvised-Explosive-Device Oper- (1) A description of the nature and proxi- (1) ensure the long-term viability of the ations Integration Center in support of the mate causes of the attacks described in sub- All-Volunteer Force; United States Government or coalition part- section (a), including the following: (2) enable the quality of life for members of ners; (A) An estimate of the number of such at- the Armed Forces and the other uniformed (B) identify any program or function which tacks on United States, Afghanistan, and co- services and their families in a manner that is duplicated elsewhere within the Depart- alition military personnel since January 1, fosters successful recruitment, retention, ment of Defense, including the intelligence 2007. and careers for members of the Armed components of the Department, or the intel- (B) An estimate of the number of United Forces and the other uniformed services; and ligence community of the United States; and States, Afghanistan, and coalition personnel (3) modernize and achieve fiscal sustain- (C) assess the value of maintaining such killed or wounded in such attacks. ability for the compensation and retirements duplication. (C) The circumstances or conditions that systems for the Armed Forces and the other (3) FORM.—The report required by para- may have influenced such attacks. uniformed services for the 21st century. graph (2) shall be submitted in unclassified (D) An assessment of the threat posed by SEC. 1603. DEFINITIONS. form, but may include a classified annex. infiltration, and a best assessment of the ex- In this title: SEC. 1536. SUBMITTAL TO CONGRESS OF RISK AS- tent of infiltration by insurgents into the Af- (1) The term ‘‘military compensation and SESSMENTS ON CHANGES IN UNITED ghanistan National Security Forces. retirement systems’’ means the military STATES TROOP LEVELS IN AFGHANI- (E) A description of trends in the preva- compensation system and the military re- STAN. lence of such attacks, including where such tirement system. (a) SUBMITTAL REQUIRED.—Not later than attacks occur, the political and ethnic affili- (2) The term ‘‘military compensation sys- 30 days after a decision by the President to ation of attackers, and the targets of tem’’ means provisions of law providing eli- change the levels of United States Armed attackers. gibility for and the computation of military Forces deployed in Afghanistan, the Chair- (2) A description of the restrictions and compensation, including regular military man of the Joint Chiefs of Staff shall, other actions taken by the United States and compensation, special and incentive pays through the Secretary of Defense, submit to North Atlantic Treaty Organization/Inter- and allowances, medical and dental care, the congressional defense committees a de- national Security Assistance Force forces to educational assistance and related benefits, tailed assessment of the risk to the United protect military and civilian personnel from and commissary and exchange benefits and States mission and interests in Afghanistan future insider attacks, including measures in related benefits and activities. as the change in levels is implemented. predeployment training. (3) The term ‘‘military retirement system’’ (b) ELEMENTS.—The risk assessment under (3) A description of the actions taken by means retirement benefits, including retired subsection (a) on a change in levels of United the Government of Afghanistan to prevent pay based upon service in the uniformed States Armed Forces in Afghanistan shall in- and respond to insider attacks, including im- services and survivor annuities based upon clude the following: proved vetting practices. such service. (1) A description of the current security (4) A description of the insider threat-re- (4) The term ‘‘Armed Forces’’ has the situation in Afghanistan. lated factors that will influence the size and meaning given the term ‘‘armed forces’’ in (2) A description of any anticipated scope of the post-2014 training mission for section 101(a)(4) of title 10, United States changes to United States military operations the Afghanistan National Security Forces. Code. and objectives in Afghanistan associated (5) An assessment of the impact of the in- (5) The term ‘‘uniformed services’’ has the with such change in levels. sider attacks in Afghanistan in 2012 on the meaning given that term in section 101(a)(5) (3) An identification and assessment of any overall transition strategy in Afghanistan of title 10, United States Code. changes in United States military capabili- and its prospects for success, including an (6) The term ‘‘Secretary’’ means the Sec- ties, including manpower, logistics, intel- assessment how such insider attacks im- retary of Defense. ligence, and mobility support, in Afghani- pact— (7) The term ‘‘Commission’’ means the stan associated with such change in levels. (A) partner operations between North At- commission established under section 1604. (4) An identification and assessment of the lantic Treaty Organization/International Se- (8) The term ‘‘Commission establishment risk associated with any changes in United curity Assistance Force forces and Afghani- date’’ means the first day of the first month States mission, military capabilities, oper- stan National Security Forces; beginning on or after the date of the enact- ations, and objectives in Afghanistan associ- (B) training programs for the Afghanistan ment of this Act. ated with such change in levels. National Security Forces, including pro- (9) The terms ‘‘veterans service organiza- (5) An identification and assessment of any posed training plans to be executed during tion’’ and ‘‘military-related advocacy group capability gaps within the Afghanistan secu- the post-2014 training mission for the Af- or association’’ mean an organization the rity forces that will impact their ability to ghanistan National Security Forces; primary purpose of which is to advocate for conduct operations following such change in (C) United States Special Forces training veterans, military personnel, military retir- levels. of the Afghan Local Police and its integra- ees, or military families.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00150 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7555 SEC. 1604. MILITARY COMPENSATION AND RE- SEC. 1605. COMMISSION HEARINGS AND MEET- (B) Modernizing the active and reserve TIREMENT MODERNIZATION COM- INGS. military compensation and retirement sys- MISSION. (a) IN GENERAL.—The Commission shall tems. (a) ESTABLISHMENT.—There is established conduct hearings on the recommendations it (C) Differentiating between active and rein the executive branch an independent com- is taking under consideration. Any such serve military service. mission to be known as the Military Com- hearing, except a hearing in which classified (D) Differentiating between service in the pensation and Retirement Modernization information is to be considered, shall be open Armed Forces and service in the other uni- Commission. The Commission shall be con- to the public. Any hearing open to the public formed services. sidered an independent establishment of the shall be announced on a Federal website at (E) Assisting with force management. Federal Government as defined by section least 14 days in advance. For all hearings (F) Ensuring the fiscal sustainability of 104 of title 5, United States Code, and a tem- open to the public, the Commission shall re- the military compensation and retirement porary organization under section 3161 of lease an agenda and a listing of materials systems. such title. relevant to the topics to be discussed. (b) SECRETARY OF DEFENSE RECOMMENDA- (b) APPOINTMENT.— (b) MEETINGS.— TIONS.— (1) IN GENERAL.— (1) INITIAL MEETING.—The Commission (1) IN GENERAL.—Not later than nine (A) MEMBERS.—The Commission shall be shall hold its initial meeting not later than months after the Commission establishment composed of nine members appointed by the 30 days after the date as of which all mem- date, the Secretary shall transmit to the President, in consultation with— bers have been appointed. Commission the recommendations of the (i) the Chairman and Ranking Member of (2) SUBSEQUENT MEETINGS.—After its initial Secretary for military compensation and re- the Committee on Armed Services of the meeting, the Commission shall meet upon tirement modernization. The Secretary shall Senate; and the call of the Chair or a majority of its concurrently transmit the recommendations (ii) the Chairman and Ranking Member of members. to Congress. the Committee on Armed Services of the (3) PUBLIC MEETINGS.—Each meeting of the (2) DEVELOPMENT OF RECOMMENDATIONS.— House of Representatives. Commission shall be held in public unless The Secretary shall develop the rec- (B) DEADLINE FOR APPOINTMENT.—The any member objects. ommendations of the Secretary under para- (c) QUORUM.—Five members of the Com- President shall make appointments to the graph (1)— mission shall constitute a quorum, but a Commission not later than six months after (A) on the basis of the principles estab- lesser number may hold hearings. the Commission establishment date. lished by the President pursuant to sub- (d) PUBLIC COMMENTS.— (C) TERMINATION FOR LACK OF APPOINT- section (a)(3); (1) IN GENERAL.—The Commission shall MENT.—If the President does not make all seek written comments from the general (B) in consultation with the Secretary of appointments to the Commission on or be- public and interested parties on measures to Homeland Security, with respect to rec- fore the date specified in subparagraph (B), modernize the military compensation and re- ommendations concerning members of the the Commission shall be terminated. tirement systems. Comments shall be re- Coast Guard; (2) QUALIFICATIONS OF INDIVIDUALS AP- quested through a solicitation in the Federal (C) in consultation with the Secretary of POINTED.—In appointing individuals to the Register and announcement on the Internet Health and Human Services, with respect to Commission, the President shall— website of the Commission. recommendations concerning members of (A) ensure that— (2) PERIOD FOR SUBMITTAL.—The period for the Public Health Service; (i) there are members with significant ex- the submittal of comments pursuant to the (D) in consultation with the Secretary of pertise in Federal compensation and retire- solicitation under paragraph (1) shall end not Commerce, with respect to recommendations ment systems, including the military com- earlier than 30 days after the date of the so- concerning members of the National Oceanic pensation and retirement systems, private licitation and shall end on or before the date and Atmospheric Administration; and sector compensation, retirement, or human on which the Secretary transmits the rec- (E) in consultation with the Director of the resource systems, and actuarial science; ommendations of the Secretary to the Com- Office of Management and Budget. (ii) at least five members have active-duty mission under section 1606(b). (3) JUSTIFICATION.—The Secretary shall in- military experience, including— (3) USE BY COMMISSION.—The Commission clude with the recommendations under para- (I) at least one of whom has active-duty ex- shall consider the comments submitted graph (1) the justification of the Secretary perience as an enlisted member; and under this subsection when developing its for each recommendation. (II) at least one of whom has experience as recommendations. (4) AVAILABILITY OF INFORMATION.—The a member of a reserve component; and SEC. 1606. PRINCIPLES AND PROCEDURE FOR Secretary shall make available to the Com- (iii) at least one member was the spouse of COMMISSION RECOMMENDATIONS. mission and to Congress the information a member of the Armed Forces, or, in the (a) PRINCIPLES.— used by the Secretary to prepare the rec- sole determination of the President, has sig- (1) CONTEXT OF COMMISSION REVIEW.—The ommendations of the Secretary under para- nificant experience in military family mat- Commission shall conduct a review of the graph (1). ters; and military compensation and retirement sys- (c) COMMISSION HEARINGS ON RECOMMENDA- (B) select individuals who are knowledge- tems in the context of all elements of the TIONS OF SECRETARY.—After receiving from able and experienced with the uniformed current military compensation and retire- the Secretary the recommendations of the services and military compensation and re- ment systems, force management objectives, Secretary for military compensation and retirement issues. and changes in life expectancy and the labor tirement modernization pursuant to sub- (3) LIMITATION.—The President may not ap- force. section (b), the Commission shall conduct point to the Commission an individual who (2) DEVELOPMENT OF COMMISSION REC- public hearings on the recommendations. within the preceding year has been employed OMMENDATIONS.— (d) COMMISSION REPORT AND RECOMMENDA- by a veterans service organization or mili- (A) CONSISTENCY WITH PRESIDENTIAL PRIN- TIONS.— tary-related advocacy group or association. CIPLES.—The Commission shall develop rec- (1) REPORT.—Not later than 15 months (4) CHAIR.—At the time the President ap- ommendations for modernizing the military after the Commission establishment date, points the members of the Commission, the compensation and retirement systems that the Commission shall transmit to the Presi- President shall designate one of the members are consistent with principles established by dent a report containing the findings and to be Chair of the Commission. The indi- the President under paragraph (3). conclusions of the Commission, together vidual designated as Chair of the Commis- (B) GRANDFATHERING.—The recommenda- with the recommendations of the Commis- sion shall be a person who has expertise in tions of the Commission may not apply to sion for the modernization of the military the military compensation and retirement any person who first becomes a member of a compensation and retirement systems. The systems. The Chair, or the designee of the uniformed service before the date of the en- Commission shall include in the report legis- Chair, shall preside over meetings of the actment of a military compensation and relative language to implement the rec- Commission and be responsible for estab- tirement modernization Act pursuant to this ommendations of the Commission. The find- lishing the agenda of Commission meetings title (except that such recommendations ings and conclusions in the report shall be and hearings. may include provisions allowing for such a based on the review and analysis by the (c) TERMS.—Members shall be appointed member to make a voluntary election to be Commission of the recommendations of the for the life of the Commission (subject to covered by some or all of the provisions of Secretary. subsection (b)(3)). A vacancy in the Commis- such recommendations). (2) REQUIREMENT FOR APPROVAL.—The rec- sion shall not affect its powers, and shall be (3) PRESIDENTIAL PRINCIPLES.—Not later ommendations of the Commission must be filled in the same manner as the original ap- than five months after the Commission es- approved by at least five members of the pointment was made. tablishment date, the President shall estab- Commission before the recommendations (d) STATUS AS FEDERAL EMPLOYEES.—Not- lish and transmit to the Commission and may be transmitted to the President under withstanding the requirements of section Congress principles for modernizing the mili- paragraph (1). 2105 of title 5, United States Code, including tary compensation and retirement systems. (3) PROCEDURES FOR CHANGING REC- the required supervision under subsection The principles established by the President OMMENDATIONS OF SECRETARY.—The Commis- (a)(3) of such section, the members of the shall address the following: sion may make a change described in para- Commission shall be deemed Federal em- (A) Maintaining recruitment and retention graph (4) in the recommendations made by ployees. of the best military personnel. the Secretary only if the Commission—

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(A) determines that the change is con- (5) TERMINATION OF COMMISSION.—If the its consideration, it shall be in order to move sistent with the principles established by the President does not transmit to Congress an to proceed to consider the military com- President under subsection (a)(3); approval and certification described in para- pensation and retirement modernization bill (B) publishes a notice of the proposed graph (2) or (4) in accordance with the appli- in the House. Such a motion shall not be in change not less than 45 days before transmit- cable deadline under such paragraph, the order after the House has disposed of a moting its recommendations to the President Commission shall be terminated not later tion to proceed with respect to the military pursuant to paragraph (1); and than one month after the expiration of the compensation and retirement modernization (C) conducts a public hearing on the pro- period for transmittal of a report under para- bill. The previous question shall be consid- posed change. graph (4). ered as ordered on the motion to its adoption (4) COVERED CHANGES.—Paragraph (3) ap- (b) CONSIDERATION BY CONGRESS.— without intervening motion. A motion to re- plies to a change by the Commission in the (1) RULEMAKING.—The provisions of this consider the vote by which the motion is dis- recommendations of the Secretary that subsection are enacted by Congress— posed of shall not be in order. would— (A) as an exercise of the rulemaking power (C) CONSIDERATION.—The military com- (A) add a new recommendation; of the Senate and the House of Representa- pensation and retirement modernization bill (B) delete a recommendation; or tives, respectively, and as such they shall be shall be considered as read. All points of (C) substantially change a recommenda- considered as part of the rules of each House, order against the bill and against its consid- tion. respectively, or of that House to which they eration are waived. The previous question (5) EXPLANATION AND JUSTIFICATION FOR specifically apply, and such rules supersede shall be considered as ordered on the bill to CHANGES.—The Commission shall explain and other rules only to the extent that they are its passage without intervening motion ex- justify in its report submitted to the Presi- inconsistent therewith; and cept 2 hours of debate equally divided and dent under paragraph (1) any recommenda- (B) with full recognition of the constitu- controlled by the proponent and an opponent tion made by the Commission that is dif- tional right of either House to change such and one motion to limit debate on the bill. A ferent from the recommendations made by rules (so far as relating to the procedure of motion to reconsider the vote on passage of the Secretary pursuant to subsection (b). that House) at any time, in the same manner the bill shall not be in order. (6) TRANSMITTAL TO CONGRESS.—The Com- and to the same extent as in the case of any (D) VOTE ON PASSAGE.—The vote on passage mission shall transmit a copy of its report to other rule of that House. of the military compensation and retirement Congress on the same date on which it trans- (2) MILITARY COMPENSATION AND RETIRE- modernization bill shall occur not later than mits its report to the President under para- MENT MODERNIZATION BILL.—For the purpose the end of the 90-day period beginning on the graph (1). of this subsection, the term ‘‘military com- date on which the bill is introduced. SEC. 1607. CONSIDERATION OF COMMISSION REC- pensation and retirement modernization (5) EXPEDITED PROCEDURE IN THE SENATE.— OMMENDATIONS BY THE PRESIDENT bill’’ means only a bill consisting of the pro- (A) COMMITTEE CONSIDERATION.—A military AND CONGRESS. posed legislative language recommended by compensation and retirement modernization (a) REVIEW BY THE PRESIDENT.— the Commission and submitted to Congress bill introduced in the Senate under sub- (1) REPORT OF PRESIDENTIAL APPROVAL OR by the President pursuant to subsection (a). section (a) shall be jointly referred to the DISAPPROVAL.—Not later than 60 days after (3) INTRODUCTION OF LEGISLATIVE PROPOSAL committee or committees of jurisdiction, the date on which the Commission transmits IN HOUSE AND SENATE.—If the President which committees shall report the bill with- its report to the President under section transmits to Congress under subsection (a) a out any revision and with a favorable rec- 1606(d), the President shall transmit to the copy of the recommendations of the Commis- ommendation, an unfavorable recommenda- Commission and to Congress a report con- sion (including the legislative language rection, or without recommendation, not later taining the approval or disapproval by the ommended by the Commission), together than the end of the 60-day period beginning President of the recommendations of the with a certification of the approval of the on the date on which the bill is introduced. Commission in the report. President of the recommendations, the pro- If any committee fails to report the bill (2) PRESIDENTIAL APPROVAL.—If in the re- posed legislative language recommended by within that period, that committee shall be port under paragraph (1) the President ap- the Commission and submitted to Congress automatically discharged from consideration proves all the recommendations of the Com- by the President pursuant to that sub- of the bill, and the bill shall be placed on the mission, the President shall include with the section— appropriate calendar. report the following: (A) shall be introduced in the Senate (by (B) MOTION TO PROCEED.—Notwithstanding (A) A copy of the recommendations of the request) on the next day on which the Senate Rule XXII of the Standing Rules of the Sen- Commission. is in session by the chairman of the Com- ate, it is in order, not later than 2 days of (B) The certification by the President of mittee on Armed Services of the Senate; and session after the date on which a military the approval of the President of each rec- (B) shall be introduced in the House of compensation and retirement modernization ommendation. Representatives (by request) on the next leg- bill is reported or discharged from all com- (C) The legislative language transmitted islative day by the chair of the Committee mittees to which it was referred, for the ma- by the Commission to the President as part on Armed Services of the House of Rep- jority leader of the Senate or the majority of the report of the Commission under sec- resentatives. leader’s designee to move to proceed to the tion 1606(d)(1). (4) CONSIDERATION IN THE HOUSE OF REP- consideration of the military compensation (3) PRESIDENTIAL DISAPPROVAL.— RESENTATIVES.— and retirement modernization bill. It shall (A) REASONS FOR DISAPPROVAL.—If in the (A) REFERRAL AND REPORTING.—Any com- also be in order for any Member of the Sen- report under paragraph (1) the President dis- mittee of the House of Representatives to ate to move to proceed to the consideration approves the recommendations of the Com- which the military compensation and retire- of the military compensation and retirement mission, in whole or in part, the President ment modernization bill is referred shall re- modernization bill at any time after the con- shall include in the report the reasons for port it to the House without amendment not clusion of such 2-day period. A motion to that disapproval. later than the end of the 60-day period begin- proceed is in order even though a previous (B) REVISED RECOMMENDATIONS FROM COM- ning on the date on which the bill is intro- motion to the same effect has been disagreed MISSION.—The Commission shall then trans- duced. If a committee fails to report the bill to. All points of order against the motion to mit to the President, not later one month to the House within that period, it shall be proceed to the military compensation and after the date of the report of the President in order to move that the House discharge retirement modernization bill are waived. under paragraph (1), revised recommenda- the committee from further consideration of The motion to proceed is not debatable. The tions for the modernization of the military the bill. Such a motion shall not be in order motion is not subject to a motion to post- compensation and retirement systems, to- after the last committee authorized to con- pone. A motion to reconsider the vote by gether with revised legislative language to sider the bill reports it to the House or after which the motion is agreed to or disagreed to implement the revised recommendations of the House has disposed of a motion to dis- shall not be in order. If a motion to proceed the Commission. charge the bill. The previous question shall to the consideration of the military com- (4) ACTION ON REVISED RECOMMENDATIONS.— be considered as ordered on the motion to its pensation and retirement modernization bill If the President approves all of the revised adoption without intervening motion except is agreed to, the military compensation and recommendations of the Commission trans- 20 minutes of debate equally divided and con- retirement modernization bill shall remain mitted pursuant to paragraph (3)(B), the trolled by the proponent and an opponent. If the unfinished business until disposed of. President shall transmit to Congress, not such a motion is adopted, the House shall (C) CONSIDERATION.—All points of order, later than one month after receiving the re- proceed immediately to consider the Com- other than budget points of order, against vised recommendations, the following: mission bill in accordance with subpara- the military compensation and retirement (A) A copy of the revised recommenda- graphs (B) and (C). A motion to reconsider modernization bill and against consideration tions. the vote by which the motion is disposed of of the bill are waived. Consideration of the (B) The certification by the President of shall not be in order. bill and of all debatable motions and appeals the approval of the President of each rec- (B) PROCEEDING TO CONSIDERATION.—After in connection therewith shall not exceed a ommendation as so revised. the last committee authorized to consider a total of 10 hours which shall be divided (C) The revised legislative language trans- military compensation and retirement mod- equally between the majority and minority mitted to the President under paragraph ernization bill reports it to the House or has leaders or their designees. A motion further (3)(B). been discharged (other than by motion) from to limit debate on the bill is in order, shall

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require an affirmative vote of three-fifths of by a veterans service organization or a mili- (b) MEMBERSHIP.— the Members duly chosen and sworn, and is tary-related advocacy group or association (1) COMPOSITION.—The Commission shall be not debatable. Any debatable motion or ap- during that one-year period. composed of eight members, of whom— peal is debatable for not to exceed 1 hour, to SEC. 1610. STAFF. (A) four shall be appointed by the Presi- be divided equally between those favoring (a) IN GENERAL.—Subject to subsections (b) dent, of whom one shall be the Chairman of and those opposing the motion or appeal. All and (c), the Executive Director, with the ap- the Reserve Forces Policy Board; time used for consideration of the bill, in- proval of the Commission, may appoint and (B) one shall be appointed by the Chairman cluding time used for quorum calls and vot- fix the rate of basic pay for additional per- of the Committee on Armed Services of the ing, shall be counted against the total 10 sonnel as staff of the Commission in accord- Senate; hours of consideration. ance with section 3161 of title 5, United (C) one shall be appointed by the Ranking (D) NO AMENDMENTS.—An amendment to States Code. Member of the Committee on Armed Serv- the Commission bill, or a motion to post- (b) LIMITATIONS ON STAFF.— ices of the Senate; pone, or a motion to proceed to the consider- (1) NUMBER OF DETAILEES FROM DEPART- (D) one shall be appointed by the Chairman ation of other business, or a motion to re- MENT OF DEFENSE.—Not more than one-third of the Committee on Armed Services of the commit the Commission bill, is not in order. of the personnel employed by or detailed to House of Representatives; and (E) VOTE ON PASSAGE.—If the Senate has the Commission may be on detail from the (E) one shall be appointed by the Ranking voted to proceed to the military compensa- Department of Defense. Member of the Committee on Armed Serv- tion and retirement modernization bill, the (2) PRIOR DUTIES WITHIN DEPARTMENT OF DE- ices of the House of Representatives. vote on passage of the bill shall occur imme- FENSE.—A person may not be detailed from (2) APPOINTMENT DATE.—The appointments diately following the conclusion of the de- the Department of Defense to the Commis- of the members of the Commission shall be bate on a military compensation and retire- sion if, in the year before the detail is to made not later than 90 days after the date of ment modernization bill, and a single begin, that person participated personally the enactment of this Act. quorum call at the conclusion of the debate and substantially in any matter within the (3) EFFECT OF LACK OF APPOINTMENT BY AP- if requested. The vote on passage of the bill Department concerning the preparation of POINTMENT DATE.—If one or more appoint- shall occur not later the end of the 90-day pe- recommendations for military compensation ments under subparagraph (A) of paragraph riod beginning on the date on which the bill and retirement modernization. (1) is not made by the appointment date is introduced. (3) NUMBER OF DETAILEES ELIGIBLE FOR specified in paragraph (2), the authority to (F) RULINGS OF THE CHAIR ON PROCEDURE.— MILITARY RETIRED PAY.—Not more than one- make such appointment or appointments Appeals from the decisions of the Chair re- fourth of the personnel employed by or de- shall expire, and the number of members of lating to the application of the rules of the tailed to the Commission may be persons eli- the Commission shall be reduced by the Senate, as the case may be, to the procedure gible for or receiving military retired pay. number equal to the number of appointments relating to a military compensation and re- (4) PRIOR EMPLOYMENT WITH CERTAIN ORGA- so not made. If an appointment under sub- tirement modernization bill shall be decided NIZATIONS.—A person may not be employed paragraph (B), (C), (D), or (E) of paragraph without debate. by or detailed to the Commission if, in the (1) is not made by the appointment date (6) AMENDMENT.—The military compensa- year before the employment or detail is to specified in paragraph (2), the authority to tion and retirement modernization bill shall begin, that person was employed by a vet- make an appointment under such subpara- not be subject to amendment in either the erans service organization or a military-re- graph shall expire, and the number of mem- House of Representatives or the Senate. lated advocacy group or association. bers of the Commission shall be reduced by (7) CONSIDERATION BY THE OTHER HOUSE.—If, (c) LIMITATIONS ON PERFORMANCE RE- the number equal to the number otherwise before passing the military compensation VIEWS.—No member of the Armed Forces, appointable under such subparagraph. and retirement modernization bill, one and no officer or employee of the Depart- (c) PERIOD OF APPOINTMENT; VACANCIES.— House receives from the other a military ment of Defense, may— Members shall be appointed for the life of compensation and retirement modernization (1) prepare any report concerning the effec- the Commission. Any vacancy in the Com- bill— tiveness, fitness, or efficiency of the permission shall not affect its powers, but shall (A) the military compensation and retire- formance of the staff of the Commission or be filled in the same manner as the original ment modernization bill of the other House any person detailed from the Department to appointment. shall not be referred to a committee; and that staff; (d) INITIAL MEETING.—Not later than 30 (B) the procedure in the receiving House (2) review the preparation of such a report; days after the date on which all members of shall be the same as if no military compensa- or the Commission have been appointed, the tion and retirement modernization bill had (3) approve or disapprove such a report. Commission shall hold its first meeting. been received from the other House until the SEC. 1611. CONTRACTING AUTHORITY. (e) MEETINGS.—The Commission shall meet vote on passage, when the military com- The Commission may lease space and ac- at the call of the Chair. pensation and retirement modernization bill quire personal property to the extent funds received from the other House shall supplant (f) QUORUM.—A majority of the members of are available. the Commission shall constitute a quorum, the military compensation and retirement SEC. 1612. JUDICIAL REVIEW PRECLUDED. modernization bill of the receiving House. but a lesser number of members may hold The following shall not be subject to judi- hearings. SEC. 1608. PAY FOR MEMBERS OF THE COMMIS- cial review: (g) CHAIR AND VICE CHAIRMAN.—The Com- SION. (1) Actions of the President, the Secretary, (a) IN GENERAL.—Each member, other than mission shall select a Chair and Vice Chair and the Commission under section 1606. from among its members. the Chair, of the Commission shall be paid at (2) Actions of the President under section a rate equal to the daily equivalent of the 1607(a). SEC. 1703. DUTIES OF THE COMMISSION. annual rate of basic pay payable for level IV SEC. 1613. TERMINATION. (a) STUDY.— of the Executive Schedule under section 5315 Except as otherwise provided in this title, (1) IN GENERAL.—The Commission shall un- of title 5, United States Code, for each day the Commission shall terminate not later dertake a comprehensive study of the cur- (including travel time) during which the than 26 months after the Commission estab- rent structure of the Air Force to determine member is engaged in the actual perform- lishment date. whether, and how, the structure should be ance of duties vested in the Commission. SEC. 1614. FUNDING. modified to best fulfill current and antici- (b) CHAIR.—The Chair of the Commission pated mission requirements for the Air Force shall be paid at a rate equal to the daily Of the amounts authorized to be appropriated by this division for the Department in a manner consistent with available re- equivalent of the annual rate of basic pay sources. payable for level III of the Executive Sched- of Defense for fiscal year 2013, up to $10,000,000 shall be available to the Commis- (2) CONSIDERATIONS.—In considering an al- ule under section 5314, of title 5, United ternative structure for the Air Force, the States Code, for each day (including travel sion to carry out its duties under this title. Funds available to the Commission under Commission shall give particular consider- time) during which the member is engaged in ation to identifying a structure that— the actual performance of duties vested in the preceding sentence shall remain available until expended. (A) meets current and anticipated require- the Commission. ments of the combatant commands; SEC. 1609. EXECUTIVE DIRECTOR. TITLE XVII—NATIONAL COMMISSION ON (B) achieves an appropriate balance be- THE STRUCTURE OF THE AIR FORCE (a) APPOINTMENT.—The Commission shall tween the regular and reserve components of appoint and fix the rate of basic pay for an SEC. 1701. SHORT TITLE. the Air Force, taking advantage of the Executive Director in accordance with sec- This title may be cited as the ‘‘National unique strengths and capabilities of each; tion 3161 of title 5, United States Code. Commission on the Structure of the Air (C) ensures that the reserve components of (b) LIMITATIONS.—The Executive Director Force Act of 2012’’. the Air Force have the capacity needed to may not have served on active duty in the SEC. 1702. ESTABLISHMENT OF COMMISSION. support current and anticipated homeland Armed Forces or as a civilian employee of (a) ESTABLISHMENT.—There is established defense and disaster assistance missions in the Department of Defense during the one- the National Commission on the Structure of the United States; year period preceding the date of such ap- the Air Force (in this title referred to as the (D) provides for sufficient numbers of reg- pointment and may not have been employed ‘‘Commission’’). ular members of the Air Force to provide a

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base of trained personnel from which the per- (d) DETAIL OF GOVERNMENT EMPLOYEES.— to make future replacements of capabilities sonnel of the reserve components of the Air Any Federal Government employee may be for purposes of augmenting training at the Force could be recruited; detailed to the Commission without reim- joint readiness training center (JRTC) or for (E) maintains a peacetime rotation force bursement, and such detail shall be without such other purposes as the Secretary con- to avoid exceeding operational tempo goals interruption or loss of civil service status or siders appropriate. of 1:2 for regular members of the Air Forces privilege. TITLE XVIII—FEDERAL ASSISTANCE TO and 1:5 for members of the reserve compo- (e) PROCUREMENT OF TEMPORARY AND FIRE DEPARTMENTS nents of the Air Force; and INTERMITTENT SERVICES.—The Chair of the (F) maximizes achievable costs savings. Commission may procure temporary and Subtitle A—Fire Grants Reauthorization (b) REPORT.—Not later than March 31, 2014, intermittent services under section 3109(b) of SEC. 1801. SHORT TITLE. the Commission shall submit to the Presi- title 5, United States Code, at rates for indi- This subtitle may be cited as the ‘‘Fire dent and the congressional defense commit- viduals which do not exceed the daily equiva- Grants Reauthorization Act of 2012’’. tees a report which shall contain a detailed lent of the annual rate of basic pay pre- SEC. 1802. AMENDMENTS TO DEFINITIONS. statement of the findings and conclusions of scribed for level V of the Executive Schedule the Commission as a result of the study re- under section 5316 of such title. (a) IN GENERAL.—Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 quired by subsection (a), together with its SEC. 1706. TERMINATION OF THE COMMISSION. U.S.C. 2203) is amended— recommendations for such legislation and The Commission shall terminate 90 days (1) in paragraph (3), by inserting ‘‘, except administrative actions as it considers appro- after the date on which the Commission sub- as otherwise provided,’’ after ‘‘means’’; priate in light of the results of the study. mits its report under section 1703. (2) in paragraph (4), by striking ‘‘ ‘Director’ SEC. 1704. POWERS OF THE COMMISSION. SEC. 1707. FUNDING. means’’ and all that follows through ‘‘Agen- (a) HEARINGS.—The Commission may hold Amounts authorized to be appropriated for cy;’’ and inserting ‘‘ ‘Administrator of such hearings, sit and act at such times and fiscal year 2013 and available for operation FEMA’ means the Administrator of the Fed- places, take such testimony, and receive and maintenance for the Air Force as speci- eral Emergency Management Agency;’’; such evidence as the Commission considers fied in the funding table in section 4301 may (3) in paragraph (5)— advisable to carry out this title. be available for the activities of the Commis- (A) by inserting ‘‘Indian tribe,’’ after (b) INFORMATION FROM FEDERAL AGEN- sion under this title. ‘‘county,’’; and CIES.—The Commission may secure directly SEC. 1708. LIMITATION ON AVAILABILITY OF (B) by striking ‘‘and ‘firecontrol’ ’’ and in- from any Federal department or agency such FUNDS FOR REDUCTIONS TO THE serting ‘‘and ‘fire control’ ’’; information as the Commission considers AIR NATIONAL GUARD AND THE AIR (4) by redesignating paragraphs (6) through FORCE RESERVE. necessary to carry out this title. Upon re- (9) as paragraphs (7) through (10), respec- (a) IN GENERAL.—None of the funds author- quest of the Chair of the Commission, the tively; ized to be appropriated by this Act or other- head of such department or agency shall fur- (5) by inserting after paragraph (5), the fol- wise made available for fiscal year 2013 for nish such information to the Commission. lowing: (c) POSTAL SERVICES.—The Commission the Air Force may be used to divest, retire, ‘‘(6) ‘Indian tribe’ has the meaning given may use the United States mails in the same or transfer, or prepare to divest, retire, or that term in section 4 of the Indian Self-De- manner and under the same conditions as transfer, any aircraft of the Air Force as- termination and Education Assistance Act other departments and agencies of the Fed- signed to units of the Air National Guard or (25 U.S.C. 450b) and ‘tribal’ means of or per- eral Government. Air Force Reserve as of May 31, 2012. taining to an Indian tribe;’’; (d) GIFTS.—The Commission may accept, (b) EXCEPTION.—The Secretary of the Air (6) by redesignating paragraphs (9) and (10), use, and dispose of gifts or donations of serv- Force may divest or retire, or prepare to di- as redesignated by paragraph (4), as para- ices or property. vest or retire, C–5A aircraft if the Secretary replaces such aircraft through a transfer of graphs (10) and (11); SEC. 1705. COMMISSION PERSONNEL MATTERS. (7) by inserting after paragraph (8), as re- (a) COMPENSATION OF MEMBERS.—Each C–5B, C–5M, or C–17 mobility aircraft so as to maintain all Air National Guard and Air designated by paragraph (4), the following: member of the Commission who is not an of- ‘‘(9) ‘Secretary’ means, except as otherwise ficer or employee of the Federal Government Force Reserve units impacted by such divestment or retirement at current or higher as- provided, the Secretary of Homeland Secu- shall be compensated at a rate equal to the rity;’’; and daily equivalent of the annual rate of basic signed manpower levels to operate the aircraft so transferred. (8) by amending paragraph (10), as redesig- pay prescribed for level IV of the Executive nated by paragraph (6), to read as follows: Schedule under section 5315 of title 5, United SEC. 1709. FUNDING FOR MAINTENANCE OF ‘‘(10) ‘State’ has the meaning given the FORCE STRUCTURE OF THE AIR States Code, for each day (including travel term in section 2 of the Homeland Security time) during which such member is engaged FORCE PENDING COMMISSION REC- OMMENDATIONS. Act of 2002 (6 U.S.C. 101).’’. in the performance of the duties of the Com- There is hereby authorized to be appro- (b) CONFORMING AMENDMENTS.— mission. All members of the Commission priated to the Department of Defense for fis- (1) ADMINISTRATOR OF FEMA.—The Federal who are officers or employees of the United cal year 2013, $1,400,000,000 for the force Fire Prevention and Control Act of 1974 (15 States shall serve without compensation in structure of the Air Force. The amount au- U.S.C. 2201 et seq.) is amended by striking addition to that received for their services as thorized to be appropriated by this section is ‘‘Director’’ each place it appears and insert- officers or employees of the United States. in addition to any other amounts authorized ing ‘‘Administrator of FEMA’’. (b) TRAVEL EXPENSES.—The members of to be appropriated by this Act. (2) ADMINISTRATOR OF FEMA’S AWARD.—Sec- the Commission shall be allowed travel ex- tion 15 of such Act (15 U.S.C. 2214) is amend- penses, including per diem in lieu of subsist- SEC. 1710. RETENTION OF CORE FUNCTIONS OF THE ELECTRONIC SYSTEMS CENTER ed by striking ‘‘Director’s Award’’ each place ence, at rates authorized for employees of AT HANSCOM AIR FORCE BASE it appears and inserting ‘‘Administrator’s agencies under subchapter I of chapter 57 of PENDING FUTURE STRUCTURE Award’’. title 5, United States Code, while away from STUDY. their homes or regular places of business in SEC. 1803. ASSISTANCE TO FIREFIGHTERS The Secretary of the Air Force shall retain GRANTS. the performance of services for the Commis- the current leadership rank and core func- sion. Section 33 of the Federal Fire Prevention tions of the Electronic Systems Center at and Control Act of 1974 (15 U.S.C. 2229) is (c) STAFF.— Hanscom Air Force Base with the same inte- amended to read as follows: (1) IN GENERAL.—The Chair of the Commis- grated mission elements, responsibilities, sion may, without regard to the civil service and capabilities as existed as of November 1, ‘‘SEC. 33. FIREFIGHTER ASSISTANCE. laws and regulations, appoint and terminate 2011, until 180 days after the National Com- ‘‘(a) DEFINITIONS.—In this section: an executive director and such other addi- mission on the Structure of the Air Force ‘‘(1) ADMINISTRATOR OF FEMA.—The term tional personnel as may be necessary to en- submits to the congressional defense com- ‘Administrator of FEMA’ means the Admin- able the Commission to perform its duties. mittees the report required under section istrator of FEMA, acting through the Ad- The employment of an executive director 1703. ministrator. shall be subject to confirmation by the Com- SEC. 1711. AIR FORCE ASSESSMENTS OF THE EF- ‘‘(2) AVAILABLE GRANT FUNDS.—The term mission. FECTS OF PROPOSED MOVEMENTS ‘available grant funds’, with respect to a fis- (2) COMPENSATION.—The Chair of the Com- OF AIRFRAMES ON JOINT READI- cal year, means those funds appropriated mission may fix the compensation of the ex- NESS TRAINING. pursuant to the authorization of appropria- ecutive director and other personnel without The Secretary of the Air Force shall— tions in subsection (q)(1) for such fiscal year regard to chapter 51 and subchapter III of (1) undertake an assessment of the effects less any funds used for administrative costs chapter 53 of title 5, United States Code, re- of currently-proposed movements of Air pursuant to subsection (q)(2) in such fiscal lating to classification of positions and Gen- Force airframes on Green Flag East and year. eral Schedule pay rates, except that the rate Green Flag West joint readiness training; ‘‘(3) CAREER FIRE DEPARTMENT.—The term of pay for the executive director and other and ‘career fire department’ means a fire depart- personnel may not exceed the rate payable (2) if the Secretary determines it appro- ment that has an all-paid force of fire- for level V of the Executive Schedule under priate, submit to the congressional defense fighting personnel other than paid-on-call section 5316 of such title. committees a report setting forth a proposal firefighters.

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‘‘(4) COMBINATION FIRE DEPARTMENT.—The amount of the grant awarded to such recipi- ments and other firefighting departments term ‘combination fire department’ means a ent shall not exceed $6,000,000 for any fiscal that utilize volunteers. fire department that has— year. ‘‘(M) To support such other activities, con- ‘‘(A) paid firefighting personnel; and ‘‘(v) In the case of a recipient that serves sistent with the purposes of this subsection, ‘‘(B) volunteer firefighting personnel. a jurisdiction with more than 2,500,000 peo- as the Administrator of FEMA determines ‘‘(5) FIREFIGHTING PERSONNEL.—The term ple, the amount of the grant awarded to such appropriate. ‘firefighting personnel’ means individuals, recipient shall not exceed $9,000,000 in any ‘‘(d) FIRE PREVENTION AND SAFETY including volunteers, who are firefighters, fiscal year. officers of fire departments, or emergency ‘‘(B) AGGREGATE.— GRANTS.— medical service personnel of fire depart- ‘‘(i) IN GENERAL.—Notwithstanding sub- ‘‘(1) IN GENERAL.—For the purpose of as- ments. paragraphs (A) and (B) and except as pro- sisting fire prevention programs and sup- ‘‘(6) INSTITUTION OF HIGHER EDUCATION.— vided under clause (ii), the Administrator of porting firefighter health and safety re- The term ‘institution of higher education’ FEMA may not award a grant under this search and development, the Administrator has the meaning given such term in section subsection in a fiscal year in an amount that of FEMA may, on a competitive basis— 101 of the Higher Education Act of 1965 (20 exceeds the amount that is one percent of ‘‘(A) award grants to fire departments; U.S.C. 1001). the available grant funds in such fiscal year. ‘‘(B) award grants to, or enter into con- ‘‘(7) NONAFFILIATED EMS ORGANIZATION.— ‘‘(ii) EXCEPTION.—The Administrator of tracts or cooperative agreements with, na- The term ‘nonaffiliated EMS organization’ FEMA may waive the limitation in clause (i) tional, State, local, tribal, or nonprofit orga- means a public or private nonprofit emer- with respect to a grant recipient if the Ad- nizations that are not fire departments and gency medical services organization that is ministrator of FEMA determines that such that are recognized for their experience and not affiliated with a hospital and does not recipient has an extraordinary need for a expertise with respect to fire prevention or serve a geographic area in which the Admin- grant in an amount that exceeds the limit fire safety programs and activities and fire- istrator of FEMA finds that emergency med- under clause (i). fighter research and development programs, ical services are adequately provided by a ‘‘(3) USE OF GRANT FUNDS.—Each entity re- for the purpose of carrying out— fire department. ceiving a grant under this subsection shall ‘‘(i) fire prevention programs; and ‘‘(8) PAID-ON-CALL.—The term ‘paid-on-call’ use the grant for one or more of the fol- ‘‘(ii) research to improve firefighter health with respect to firefighting personnel means lowing purposes: and life safety; and firefighting personnel who are paid a stipend ‘‘(A) To train firefighting personnel in— ‘‘(C) award grants to institutions of higher for each event to which they respond. ‘‘(i) firefighting; education, national fire service organiza- ‘‘(9) VOLUNTEER FIRE DEPARTMENT.—The ‘‘(ii) emergency medical services and other tions, or national fire safety organizations to term ‘volunteer fire department’ means a emergency response (including response to establish and operate fire safety research fire department that has an all-volunteer natural disasters, acts of terrorism, and centers. force of firefighting personnel. other man-made disasters); ‘‘(2) MAXIMUM GRANT AMOUNT.—A grant ‘‘(b) ASSISTANCE PROGRAM.— ‘‘(iii) arson prevention and detection; awarded under this subsection may not ex- ‘‘(1) AUTHORITY.—In accordance with this ‘‘(iv) maritime firefighting; or ceed $1,500,000 for a fiscal year. section, the Administrator of FEMA may ‘‘(v) the handling of hazardous materials. ‘‘(3) USE OF GRANT FUNDS.—Each entity re- award— ‘‘(B) To train firefighting personnel to pro- ceiving a grant under this subsection shall ‘‘(A) assistance to firefighters grants under vide any of the training described under sub- use the grant for one or more of the fol- subsection (c); and paragraph (A). lowing purposes: ‘‘(B) fire prevention and safety grants and ‘‘(C) To fund the creation of rapid interven- ‘‘(A) To enforce fire codes and promote other assistance under subsection (d). tion teams to protect firefighting personnel compliance with fire safety standards. ‘‘(2) ADMINISTRATIVE ASSISTANCE.—The Ad- at the scenes of fires and other emergencies. ‘‘(B) To fund fire prevention programs, in- ministrator of FEMA shall— ‘‘(D) To certify— cluding programs that educate the public ‘‘(A) establish specific criteria for the se- ‘‘(i) fire inspectors; and about arson prevention and detection. lection of grant recipients under this sec- ‘‘(ii) building inspectors— ‘‘(C) To fund wildland fire prevention pro- tion; and ‘‘(I) whose responsibilities include fire grams, including education, awareness, and ‘‘(B) provide assistance with application safety inspections; and mitigation programs that protect lives, prop- preparation to applicants for such grants. ‘‘(II) who are employed by or serving as erty, and natural resources from fire in the ‘‘(c) ASSISTANCE TO FIREFIGHTERS volunteers with a fire department. wildland-urban interface. GRANTS.— ‘‘(E) To establish wellness and fitness pro- ‘‘(D) In the case of a grant awarded under ‘‘(1) IN GENERAL.—The Administrator of grams for firefighting personnel to ensure paragraph (1)(C), to fund the establishment FEMA may, in consultation with the chief that the firefighting personnel are able to or operation of a fire safety research center executives of the States in which the recipi- carry out their duties as firefighters, includ- for the purpose of significantly reducing the ents are located, award grants on a competi- ing programs dedicated to raising awareness number of fire-related deaths and injuries tive basis directly to— of, and prevention of, job-related mental among firefighters and the general public ‘‘(A) fire departments, for the purpose of health issues. through research, development, and tech- protecting the health and safety of the pub- ‘‘(F) To fund emergency medical services nology transfer activities. lic and firefighting personnel throughout the provided by fire departments and non- United States against fire, fire-related, and affiliated EMS organizations. ‘‘(E) To support such other activities, con- other hazards; ‘‘(G) To acquire additional firefighting ve- sistent with the purposes of this subsection, ‘‘(B) nonaffiliated EMS organizations to hicles, including fire trucks and other appa- as the Administrator of FEMA determines support the provision of emergency medical ratus. appropriate. services; and ‘‘(H) To acquire additional firefighting ‘‘(4) LIMITATION.—None of the funds made ‘‘(C) State fire training academies for the equipment, including equipment for— available under this subsection may be pro- purposes described in subparagraphs (G), (H), ‘‘(i) fighting fires with foam in remote vided to the Association of Community Orga- and (I) of paragraph (3). areas without access to water; and nizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, or allied organiza- ‘‘(2) MAXIMUM GRANT AMOUNTS.— ‘‘(ii) communications, monitoring, and re- tions. ‘‘(A) POPULATION.—The Administrator of sponse to a natural disaster, act of ter- FEMA may not award a grant under this rorism, or other man-made disaster, includ- ‘‘(e) APPLICATIONS FOR GRANTS.— subsection in excess of amounts as follows: ing the use of a weapon of mass destruction. ‘‘(1) IN GENERAL.—An entity seeking a ‘‘(i) In the case of a recipient that serves a ‘‘(I) To acquire personal protective equip- grant under this section shall submit to the jurisdiction with 100,000 people or fewer, the ment, including personal protective equip- Administrator of FEMA an application amount of the grant awarded to such recipi- ment— therefor in such form and in such manner as ent shall not exceed $1,000,000 in any fiscal ‘‘(i) prescribed for firefighting personnel by the Administrator of FEMA determines ap- year. the Occupational Safety and Health Admin- propriate. ‘‘(ii) In the case of a recipient that serves istration of the Department of Labor; or ‘‘(2) ELEMENTS.—Each application sub- a jurisdiction with more than 100,000 people ‘‘(ii) for responding to a natural disaster or mitted under paragraph (1) shall include the but not more than 500,000 people, the amount act of terrorism or other man-made disaster, following: of the grant awarded to such recipient shall including the use of a weapon of mass de- ‘‘(A) A description of the financial need of not exceed $2,000,000 in any fiscal year. struction. the applicant for the grant. ‘‘(iii) In the case of a recipient that serves ‘‘(J) To modify fire stations, fire training ‘‘(B) An analysis of the costs and benefits, a jurisdiction with more than 500,000 but not facilities, and other facilities to protect the with respect to public safety, of the use for more than 1,000,000 people, the amount of the health and safety of firefighting personnel. which a grant is requested. grant awarded to such recipient shall not ex- ‘‘(K) To educate the public about arson ‘‘(C) An agreement to provide information ceed $3,000,000 in any fiscal year. prevention and detection. to the national fire incident reporting sys- ‘‘(iv) In the case of a recipient that serves ‘‘(L) To provide incentives for the recruit- tem for the period covered by the grant. a jurisdiction with more than 1,000,000 people ment and retention of volunteer firefighting ‘‘(D) A list of other sources of funding re- but not more than 2,500,000 people, the personnel for volunteer firefighting depart- ceived by the applicant—

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‘‘(i) for the same purpose for which the ap- ‘‘(1) FUNDING FOR EMERGENCY MEDICAL ‘‘(iii) consider the research needs identified plication for a grant under this section was SERVICES.—Not less than 3.5 percent of the and prioritized through the workshop re- submitted; or available grant funds for a fiscal year shall quired by subparagraph (B)(i). ‘‘(ii) from the Federal Government for be awarded under this section for purposes ‘‘(B) RESEARCH NEEDS.— other fire-related purposes. described in subsection (c)(3)(F). ‘‘(i) IN GENERAL.—Not later than 90 days ‘‘(E) Such other information as the Admin- ‘‘(2) STATE FIRE TRAINING ACADEMIES.— after the date of the enactment of the Fire istrator of FEMA determines appropriate. ‘‘(A) MAXIMUM SHARE.—Not more than 3 Grants Reauthorization Act of 2012, the Ad- ‘‘(3) JOINT OR REGIONAL APPLICATIONS.— percent of the available grant funds for a fis- ministrator of FEMA shall convene a work- ‘‘(A) IN GENERAL.—Two or more entities cal year may be awarded under subsection shop of the fire safety research community, may submit an application under paragraph (c)(1)(C). fire service organizations, and other appro- (1) for a grant under this section to fund a ‘‘(B) MAXIMUM GRANT AMOUNT.—The Ad- priate stakeholders to identify and prioritize joint program or initiative, including acqui- ministrator of FEMA may not award a grant fire safety research needs. sition of shared equipment or vehicles. under subsection (c)(1)(C) to a State fire ‘‘(ii) PUBLICATION.—The Administrator of ‘‘(B) NONEXCLUSIVITY.—Applications under training academy in an amount that exceeds FEMA shall ensure that the results of the this paragraph may be submitted instead of $1,000,000 in any fiscal year. workshop are made available to the public. ‘‘(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- ‘‘(C) GUIDANCE.—The Administrator of cent of the available grant funds for a fiscal ‘‘(i) IN GENERAL.—The Administrator of 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). grams and initiatives described in subpara- ‘‘(ii) RECIPIENTS.—An institution of higher graph (A); and ‘‘(j) FURTHER CONSIDERATIONS.— education, a national fire service organiza- ‘‘(ii) encourage applicants to apply for ‘‘(1) ASSISTANCE TO FIREFIGHTERS GRANTS tion, and a national fire safety organization grants for joint programs and initiatives de- TO FIRE DEPARTMENTS.—In considering appli- may not directly receive a grant under sub- scribed in subparagraph (A) as the Adminis- cations for grants under subsection (c)(1)(A), section (d) for a fiscal year for more than 1 trator of FEMA determines appropriate to the Administrator of FEMA shall consider— fire safety research center. achieve greater cost effectiveness and re- ‘‘(A) the extent to which the grant would ‘‘(5) AVOIDING DUPLICATION.—The Adminis- gional efficiency. enhance the daily operations of the applicant trator of FEMA shall review lists submitted by applicants pursuant to subsection ‘‘(f) PEER REVIEW OF GRANT APPLICA- and the impact of such a grant on the protec- (e)(2)(D) and take such actions as the Admin- TIONS.— tion of lives and property; and istrator of FEMA considers necessary to pre- ‘‘(1) IN GENERAL.—The Administrator of ‘‘(B) a broad range of factors important to vent unnecessary duplication of grant FEMA shall, after consultation with na- the applicant’s ability to respond to fires and awards. tional fire service and emergency medical related hazards, such as the following: ‘‘(k) MATCHING AND MAINTENANCE OF EX- services organizations, appoint fire service ‘‘(i) Population served. PENDITURE REQUIREMENTS.— personnel to conduct peer reviews of applica- ‘‘(ii) Geographic response area. ‘‘(1) MATCHING REQUIREMENT FOR ASSIST- tions received under subsection (e)(1). ‘‘(iii) Hazards vulnerability. ANCE TO FIREFIGHTERS GRANTS.— ‘‘(2) APPLICABILITY OF FEDERAL ADVISORY ‘‘(iv) Call volume. ‘‘(v) Financial situation, including unem- ‘‘(A) IN GENERAL.—Except as provided in COMMITTEE ACT.—The Federal Advisory Com- subparagraph (B), an applicant seeking a ployment rate of the area being served. mittee Act (5 U.S.C. App.) shall not apply to grant to carry out an activity under sub- ‘‘(vi) Need for training or equipment. activities carried out pursuant to this subsection (c) shall agree to make available ‘‘(2) APPLICATIONS FROM NONAFFILIATED EMS section. non-Federal funds to carry out such activity ORGANIZATIONS.—In the case of an applica- ‘‘(g) PRIORITIZATION OF GRANT AWARDS.—In in an amount equal to not less than 15 per- tion submitted under subsection (e)(1) by a awarding grants under this section, the Ad- cent of the grant awarded to such applicant ministrator of FEMA shall consider the fol- nonaffiliated EMS organization, the Admin- under such subsection. istrator of FEMA shall consider the extent lowing: ‘‘(B) EXCEPTION FOR ENTITIES SERVING ‘‘(1) The findings and recommendations of to which other sources of Federal funding SMALL COMMUNITIES.—In the case that an ap- the peer reviews carried out under sub- are available to the applicant to provide the plicant seeking a grant to carry out an ac- section (f). assistance requested in such application. tivity under subsection (c) serves a jurisdic- ‘‘(2) The degree to which an award will re- ‘‘(3) AWARDING FIRE PREVENTION AND SAFE- tion of— duce deaths, injuries, and property damage TY GRANTS TO CERTAIN ORGANIZATIONS THAT ‘‘(i) more than 20,000 residents but not by reducing the risks associated with fire-re- ARE NOT FIRE DEPARTMENTS.—In the case of more than 1,000,000 residents, the application lated and other hazards. applicants for grants under this section who shall agree to make available non-Federal ‘‘(3) The extent of the need of an applicant are described in subsection (d)(1)(B), the Ad- funds in an amount equal to not less than 10 for a grant under this section and the need to ministrator of FEMA shall give priority to percent of the grant awarded to such appli- protect the United States as a whole. applicants who focus on— cant under such subsection; and ‘‘(4) The number of calls requesting or re- ‘‘(A) prevention of injuries to high risk ‘‘(ii) 20,000 residents or fewer, the applicant quiring a fire fighting or emergency medical groups from fire; and shall agree to make available non-Federal response received by an applicant. ‘‘(B) research programs that demonstrate a funds in an amount equal to not less than 5 ‘‘(h) ALLOCATION OF GRANT AWARDS.—In potential to improve firefighter safety. percent of the grant awarded to such appli- awarding grants under this section, the Ad- ‘‘(4) AWARDING GRANTS FOR FIRE SAFETY RE- cant under such subsection. ministrator of FEMA shall ensure that of the SEARCH CENTERS.— ‘‘(2) MATCHING REQUIREMENT FOR FIRE PRE- available grant funds in each fiscal year— ‘‘(A) CONSIDERATIONS.—In awarding grants VENTION AND SAFETY GRANTS.— ‘‘(1) not less than 25 percent are awarded under subsection (d)(1)(C), the Administrator ‘‘(A) IN GENERAL.—An applicant seeking a under subsection (c) to career fire depart- of FEMA shall— grant to carry out an activity under sub- ments; ‘‘(i) select each grant recipient on— section (d) shall agree to make available ‘‘(2) not less than 25 percent are awarded ‘‘(I) the demonstrated research and exten- non-Federal funds to carry out such activity under subsection (c) to volunteer fire depart- sion resources available to the recipient to in an amount equal to not less than 5 percent ments; carry out the research, development, and of the grant awarded to such applicant under ‘‘(3) not less than 25 percent are awarded technology transfer activities; such subsection. under subsection (c) to combination fire de- ‘‘(II) the capability of the recipient to pro- ‘‘(B) MEANS OF MATCHING.—An applicant partments and fire departments using paid- vide leadership in making national contribu- for a grant under subsection (d) may meet on-call firefighting personnel; tions to fire safety; the matching requirement under subpara- ‘‘(4) not less than 10 percent are available ‘‘(III) the recipient’s ability to disseminate graph (A) through direct funding, funding of for open competition among career fire de- the results of fire safety research; and complementary activities, or the provision partments, volunteer fire departments, com- ‘‘(IV) the strategic plan the recipient proof staff, facilities, services, material, or bination fire departments, and fire depart- poses to carry out under the grant; equipment. ments using paid-on-call firefighting per- ‘‘(ii) give special consideration in selecting ‘‘(3) MAINTENANCE OF EXPENDITURES.—An sonnel for grants awarded under subsection recipients under subparagraph (A) to an ap- applicant seeking a grant under subsection (c); plicant for a grant that consists of a partner- (c) or (d) shall agree to maintain during the ‘‘(5) not less than 10 percent are awarded ship between— term of the grant the applicant’s aggregate under subsection (d); and ‘‘(I) a national fire service organization or expenditures relating to the uses described ‘‘(6) not more than 2 percent are awarded a national fire safety organization; and in subsections (c)(3) and (d)(3) at not less under this section to nonaffiliated EMS or- ‘‘(II) an institution of higher education, in- than 80 percent of the average amount of ganizations described in subsection (c)(1)(B). cluding a minority-serving institution (as such expenditures in the 2 fiscal years pre- ‘‘(i) ADDITIONAL REQUIREMENTS AND LIMITA- described in section 371(a) of the Higher Edu- ceding the fiscal year in which the grant TIONS.— cation Act of 1965 (20 U.S.C. 1067q(a))); and amounts are received.

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‘‘(4) WAIVER.— ‘‘(3) APPLICABILITY OF FEDERAL ADVISORY ‘‘(B) for each of fiscal years 2014 through ‘‘(A) IN GENERAL.—Except as provided in COMMITTEE ACT.—The Federal Advisory Com- 2017, an amount equal to the amount author- subparagraph (C)(ii), the Administrator of mittee Act (5 U.S.C. App.) shall not apply to 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— ments of paragraphs (1), (2), and (3) in cases ‘‘(m) ACCOUNTING DETERMINATION.—Not- ‘‘(i) the Consumer Price Index (all items, of demonstrated economic hardship. withstanding any other provision of law, for United States city average) for the previous ‘‘(B) GUIDELINES.— purposes of this section, equipment costs fiscal year, exceeds ‘‘(i) IN GENERAL.—The Administrator of shall include all costs attributable to any de- ‘‘(ii) the Consumer Price Index for the fis- FEMA shall establish and publish guidelines sign, purchase of components, assembly, cal year preceding the fiscal year described for determining what constitutes economic manufacture, and transportation of equip- in clause (i). hardship for purposes of this paragraph. ment not otherwise commercially available. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the ‘‘(ii) CONSULTATION.—In developing guide- ‘‘(n) ELIGIBLE GRANTEE ON BEHALF OF amounts appropriated pursuant to paragraph lines under clause (i), the Administrator of ALASKA NATIVE VILLAGES.—The Alaska Vil- (1) for a fiscal year, the Administrator of FEMA shall consult with individuals who lage Initiatives, a non-profit organization in- FEMA may use not more than 5 percent of are— corporated in the State of Alaska, shall be such amounts for salaries and expenses and ‘‘(I) recognized for expertise in firefighting, eligible to apply for and receive a grant or other administrative costs incurred by the emergency medical services provided by fire other assistance under this section on behalf Administrator of FEMA in the course of services, or the economic affairs of State and of Alaska Native villages. awarding grants and providing assistance ‘‘(o) TRAINING STANDARDS.—If an applicant local governments; and under this section. for a grant under this section is applying for ‘‘(II) members of national fire service orga- ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- such grant to purchase training that does nizations or national organizations rep- ING.—Consistent with the requirements in not meet or exceed any applicable national resenting the interests of State and local subsections (c)(1) and (d)(1) that grants under voluntary consensus standards, including governments. those subsections be awarded on a competi- those developed under section 647 of the ‘‘(iii) CONSIDERATIONS.—In developing tive basis, none of the funds appropriated Post-Katrina Emergency Management Re- guidelines under clause (i), the Adminis- pursuant to this subsection may be used for form Act of 2006 (6 U.S.C. 747), the applicant trator of FEMA shall consider, with respect any congressionally directed spending item shall submit to the Administrator of FEMA to relevant communities, the following: (as defined under the rules of the Senate and an explanation of the reasons that the train- ‘‘(I) Changes in rates of unemployment the House of Representatives). ing proposed to be purchased will serve the from previous years. ‘‘(r) SUNSET OF AUTHORITIES.—The author- needs of the applicant better than training ity to award assistance and grants under this ‘‘(II) Whether the rates of unemployment that meets or exceeds such standards. section shall expire on the date that is 5 of the relevant communities are currently ‘‘(p) ENSURING EFFECTIVE USE OF GRANTS.— years after the date of the enactment of the and have consistently exceeded the annual ‘‘(1) AUDITS.—The Administrator of FEMA Fire Grants Reauthorization Act of 2012.’’. national average rates of unemployment. may audit a recipient of a grant awarded SEC. 1804. STAFFING FOR ADEQUATE FIRE AND ‘‘(III) Changes in percentages of individ- under this section to ensure that— EMERGENCY RESPONSE. uals eligible to receive food stamps from pre- ‘‘(A) the grant amounts are expended for (a) IMPROVEMENTS TO HIRING GRANTS.— vious years. the intended purposes; and (1) TERM OF GRANTS.—Subparagraph (B) of ‘‘(IV) Such other factors as the Adminis- ‘‘(B) the grant recipient complies with the section 34(a)(1) of the Federal Fire Preven- trator of FEMA considers appropriate. requirements of subsection (k). tion and Control Act of 1974 (15 U.S.C. ‘‘(C) CERTAIN APPLICANTS FOR FIRE PREVEN- ‘‘(2) PERFORMANCE ASSESSMENT.— 2229a(a)(1)) is amended to read as follows: TION AND SAFETY GRANTS.—The authority ‘‘(A) IN GENERAL.—The Administrator of ‘‘(B) Grants made under this paragraph under subparagraph (A) shall not apply with FEMA shall develop and implement a per- shall be for 3 years and be used for programs respect to a nonprofit organization that— formance assessment system, including to hire new, additional firefighters.’’. ‘‘(i) is described in subsection (d)(1)(B); and quantifiable performance metrics, to evalu- (2) LIMITATION OF PORTION OF COSTS OF HIR- ‘‘(ii) is not a fire department or emergency ate the extent to which grants awarded ING FIREFIGHTERS.—Subparagraph (E) of such medical services organization. under this section are furthering the pur- section is amended to read as follows: ‘‘(l) GRANT GUIDELINES.— poses of this section, including protecting ‘‘(E) The portion of the costs of hiring fire- ‘‘(1) GUIDELINES.—For each fiscal year, the health and safety of the public and firefighters provided by a grant under this para- prior to awarding any grants under this sec- fighting personnel against fire and fire-re- graph may not exceed— tion, the Administrator of FEMA shall pub- lated hazards. ‘‘(i) 75 percent in the first year of the lish in the Federal Register— ‘‘(B) CONSULTATION.—The Administrator of grant; ‘‘(A) guidelines that describe— FEMA shall consult with fire service rep- ‘‘(ii) 75 percent in the second year of the ‘‘(i) the process for applying for grants resentatives and with the Comptroller Gen- grant; and under this section; and eral of the United States in developing the ‘‘(iii) 35 percent in the third year of the ‘‘(ii) the criteria that will be used for se- assessment system required by subparagraph grant.’’. lecting grant recipients; and (A). (b) CLARIFICATION REGARDING ELIGIBLE EN- ‘‘(B) an explanation of any differences be- ‘‘(3) ANNUAL REPORTS TO ADMINISTRATOR OF TITIES FOR RECRUITMENT AND RETENTION RANTS tween such guidelines and the recommenda- FEMA.—Not less frequently than once each G .—The second sentence of section tions obtained under paragraph (2). year during the term of a grant awarded 34(a)(2) of such Act (15 U.S.C. 2229a(a)(2)) is ‘‘(2) ANNUAL MEETING TO OBTAIN REC- under this section, the recipient of the grant amended by striking ‘‘organizations on a local or statewide basis’’ and inserting ‘‘na- OMMENDATIONS.— shall submit to the Administrator of FEMA tional, State, local, or tribal organizations’’. ‘‘(A) IN GENERAL.—For each fiscal year, the an annual report describing how the recipi- (c) MAXIMUM AMOUNT FOR HIRING A FIRE- Administrator of FEMA shall convene a ent used the grant amounts. FIGHTER.—Paragraph (4) of section 34(c) of meeting of qualified members of national ‘‘(4) ANNUAL REPORTS TO CONGRESS.— such Act (15 U.S.C. 2229a(c)) is amended to fire service organizations and, at the discre- ‘‘(A) IN GENERAL.—Not later than Sep- read as follows: tion of the Administrator of FEMA, qualified tember 30, 2013, and each year thereafter ‘‘(4) The amount of funding provided under members of emergency medical service orga- through 2017, the Administrator of FEMA this section to a recipient fire department nizations to obtain recommendations regard- shall submit to the Committee on Homeland for hiring a firefighter in any fiscal year may ing the following: Security and Governmental Affairs of the not exceed— ‘‘(i) Criteria for the awarding of grants Senate and the Committee on Science and ‘‘(A) in the first year of the grant, 75 per- under this section. Technology of the House of Representatives cent of the usual annual cost of a first-year ‘‘(ii) Administrative changes to the assist- a report that provides— firefighter in that department at the time ance program established under subsection ‘‘(i) information on the performance as- the grant application was submitted; (b). sessment system developed under paragraph ‘‘(B) in the second year of the grant, 75 per- ‘‘(B) QUALIFIED MEMBERS.—For purposes of (2); and cent of the usual annual cost of a first-year this paragraph, a qualified member of an or- ‘‘(ii) using the performance metrics devel- firefighter in that department at the time ganization is a member who— oped under such paragraph, an evaluation of the grant application was submitted; and ‘‘(i) is recognized for expertise in fire- the effectiveness of the grants awarded under ‘‘(C) in the third year of the grant, 35 per- fighting or emergency medical services; this section. cent of the usual annual cost of a first-year ‘‘(ii) is not an employee of the Federal ‘‘(B) ADDITIONAL INFORMATION.—The report firefighter in that department at the time Government; and due under subparagraph (A) on September 30, the grant application was submitted.’’. ‘‘(iii) in the case of a member of an emer- 2016, shall also include recommendations for (d) WAIVERS.—Section 34 of such Act (15 gency medical service organization, is a legislative changes to improve grants under U.S.C. 2229a) is amended— member of an organization that represents— this section. (1) by redesignating subsections (d) ‘‘(I) providers of emergency medical serv- ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— through (i) as subsections (e) through (j), re- ices that are affiliated with fire depart- ‘‘(1) IN GENERAL.—There is authorized to be spectively; and ments; or appropriated to carry out this section— (2) by inserting after subsection (c) the fol- ‘‘(II) nonaffiliated EMS providers. ‘‘(A) $750,000,000 for fiscal year 2013; and lowing:

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‘‘(d) WAIVERS.— ‘‘(2) The terms ‘Administrator of FEMA’, SEC. 1805. SENSE OF CONGRESS ON VALUE AND ‘‘(1) IN GENERAL.—In a case of dem- ‘career fire department’, ‘combination fire FUNDING OF ASSISTANCE TO FIRE- onstrated economic hardship, the Adminis- department’, and ‘volunteer fire department’ FIGHTERS AND STAFFING FOR ADE- QUATE FIRE AND EMERGENCY RE- trator of FEMA may— have the meanings given such terms in sec- SPONSE PROGRAMS. ‘‘(A) waive the requirements of subsection tion 33(a).’’. It is the sense of Congress that— (c)(1); or (2) CONFORMING AMENDMENT.—Section (1) the grants and assistance awarded ‘‘(B) waive or reduce the requirements in 34(a)(1)(A) of such Act (15 U.S.C. under sections 33 and 34 of the Federal Fire subsection (a)(1)(E) or subsection (c)(2). 2229a(a)(1)(A)) is amended by striking ‘‘ca- Prevention and Control Act of 1974 (15 U.S.C. ‘‘(2) GUIDELINES.— reer, volunteer, and combination fire depart- 2229 and 2229a) have proven equally valuable ‘‘(A) IN GENERAL.—The Administrator of ments’’ and inserting ‘‘career fire depart- in protecting the health and safety of the FEMA shall establish and publish guidelines ments, combination fire departments, and public and firefighting personnel throughout for determining what constitutes economic volunteer fire departments’’. the United States against fire and fire-re- hardship for purposes of paragraph (1). (h) AUTHORIZATION OF APPROPRIATIONS.— lated hazards; and ‘‘(B) CONSULTATION.—In developing guide- (1) IN GENERAL.—Subsection (j) of section (2) providing parity in funding for the lines under subparagraph (A), the Adminis- 34 of such Act (15 U.S.C. 2229a), as redesig- awarding of grants and assistance under both trator of FEMA shall consult with individ- nated by subsection (d)(1) of this section, is such sections will ensure that the grant and uals who are— amended— assistance programs under such sections can ‘‘(i) recognized for expertise in firefighting, (A) in paragraph (6), by striking ‘‘and’’ at continue to serve their complementary pur- emergency medical services provided by fire the end; poses. services, or the economic affairs of State and (B) in paragraph (7), by striking the period SEC. 1806. REPORT ON AMENDMENTS TO ASSIST- local governments; and at the end and inserting ‘‘; and’’; and ANCE TO FIREFIGHTERS AND STAFF- ‘‘(ii) members of national fire service orga- (C) by adding at the end the following: ING FOR ADEQUATE FIRE AND nizations or national organizations rep- ‘‘(8) $750,000,000 for fiscal year 2013; and EMERGENCY RESPONSE PROGRAMS. resenting the interests of State and local ‘‘(9) for each of fiscal years 2014 through (a) IN GENERAL.—Not later than September governments. 2017, an amount equal to the amount author- 30, 2016, the Comptroller General of the ‘‘(C) CONSIDERATIONS.—In developing guide- ized for the previous fiscal year increased by United States shall submit to the Committee lines under subparagraph (A), the Adminis- the percentage by which— on Homeland Security and Governmental Af- trator of FEMA shall consider, with respect ‘‘(A) the Consumer Price Index (all items, fairs of the Senate and the Committee on to relevant communities, the following: United States city average) for the previous Science and Technology of the House of Rep- ‘‘(i) Changes in rates of unemployment fiscal year, exceeds resentatives a report on the effect of the from previous years. ‘‘(B) the Consumer Price Index for the fis- amendments made by this title. (b) CONTENTS.—The report required by sub- ‘‘(ii) Whether the rates of unemployment cal year preceding the fiscal year described section (a) shall include the following: of the relevant communities are currently in subparagraph (A).’’. (1) An assessment of the effect of the and have consistently exceeded the annual (2) ADMINISTRATIVE EXPENSES.—Such sub- amendments made by sections 1803 and 1804 national average rates of unemployment. section (j) is further amended— on the effectiveness, relative allocation, ac- ‘‘(iii) Changes in percentages of individuals (A) in paragraph (9), as added by paragraph countability, and administration of the eligible to receive food stamps from previous (1) of this subsection, by redesignating sub- grants and assistance awarded under sec- years. paragraphs (A) and (B) as clauses (i) and (ii), tions 33 and 34 of the Federal Fire Preven- ‘‘(iv) Such other factors as the Adminis- respectively, and moving the left margin of tion and Control Act of 1974 (15 U.S.C. 2229 trator of FEMA considers appropriate.’’. such clauses, as so redesignated, 2 ems to the and 2229a) after the date of the enactment of right; (e) IMPROVEMENTS TO PERFORMANCE EVAL- this Act. (B) by redesignating paragraphs (1) UATION REQUIREMENTS.—Subsection (e) of (2) An evaluation of the extent to which through (9) as subparagraphs (A) through (I), section 34 of such Act (15 U.S.C. 2229a), as re- the amendments made by sections 1803 and respectively, and moving the left margin of designated by subsection (d)(1) of this sec- 1804 have enabled recipients of grants and as- such subparagraphs, as so redesignated, 2 tion, is amended by inserting before the first sistance awarded under such sections 33 and ems to the right; sentence the following: 34 after the date of the enactment of this Act (C) by striking ‘‘There are’’ and inserting ‘‘(1) IN GENERAL.—The Administrator of to mitigate fire and fire-related and other the following: FEMA shall establish a performance assess- hazards more effectively. ment system, including quantifiable per- ‘‘(1) IN GENERAL.—There are’’; and (D) by adding at the end the following: SEC. 1807. STUDIES AND REPORTS ON THE STATE formance metrics, to evaluate the extent to OF FIRE SERVICES. ‘‘(2) ADMINISTRATIVE EXPENSES.—Of the which grants awarded under this section are (a) DEFINITIONS.—In this section: amounts appropriated pursuant to paragraph furthering the purposes of this section. (1) ADMINISTRATOR.—The term ‘‘Adminis- (1) for a fiscal year, the Administrator of ‘‘(2) SUBMITTAL OF INFORMATION.—’’. trator’’ means the Administrator of the FEMA may use not more than 5 percent of (f) REPORT.— United States Fire Administration. such amounts to cover salaries and expenses (1) IN GENERAL.—Subsection (f) of section (2) CAREER FIRE DEPARTMENT, COMBINATION and other administrative costs incurred by 34 of such Act (15 U.S.C. 2229a), as redesig- FIRE DEPARTMENT, VOLUNTEER FIRE DEPART- the Administrator of FEMA to make grants nated by subsection (d)(1) of this section, is MENT.—The terms ‘‘career fire department’’, and provide assistance under this section.’’. amended by striking ‘‘The authority’’ and all ‘‘combination fire department’’, and ‘‘volun- (3) CONGRESSIONALLY DIRECTED SPENDING.— that follows through ‘‘Congress concerning’’ teer fire department’’ have the meanings Such subsection (j) is further amended by and inserting the following: ‘‘Not later than given such terms in section 33(a) of the Fed- adding at the end the following: September 30, 2014, the Administrator of eral Fire Prevention and Control Act of 1974 ‘‘(3) CONGRESSIONALLY DIRECTED SPEND- FEMA shall submit to the Committee on (15 U.S.C. 2229(a)), as amended by section ING.—Consistent with the requirement in Homeland Security and Governmental Af- 1803. subsection (a) that grants under this section fairs of the Senate and the Committee on (3) FIRE SERVICE.—The term ‘‘fire service’’ be awarded on a competitive basis, none of Science and Technology of the House of Rep- has the meaning given such term in section the funds appropriated pursuant to this sub- resentatives a report on’’. 4 of the Federal Fire Prevention and Control section may be used for any congressionally (2) CONFORMING AMENDMENT.—The heading Act of 1974 (15 U.S.C. 2203). direct spending item (as defined under the for subsection (f) of section 34 of such Act (15 (b) STUDY AND REPORT ON COMPLIANCE WITH U.S.C. 2229a), as redesignated by subsection rules of the Senate and the House of Rep- STAFFING STANDARDS.— (d)(1) of this section, is amended by striking resentatives).’’. (1) STUDY.—The Administrator shall con- (i) TECHNICAL AMENDMENT.—Section 34 of ‘‘SUNSET AND REPORTS’’ and inserting ‘‘RE- duct a study on the level of compliance with such Act (15 U.S.C. 2229a) is amended by PORT’’. national voluntary consensus standards for striking ‘‘Administrator’’ each place it ap- (g) ADDITIONAL DEFINITIONS.— staffing, training, safe operations, personal pears and inserting ‘‘Administrator of (1) IN GENERAL.—Subsection (i) of section protective equipment, and fitness among the FEMA’’. 34 of such Act (15 U.S.C. 2229a), as redesig- (j) CLERICAL AMENDMENT.—Such section is fire services of the United States. nated by subsection (d)(1) of this section, is further amended in the heading by striking (2) SURVEY.— amended— ‘‘expansion of pre-september 11, 2001, fire grant pro- (A) IN GENERAL.—In carrying out the study (A) in the matter before paragraph (1), by gram’’ and inserting the following: ‘‘staffing for required by paragraph (1), the Administrator striking ‘‘In this section, the term—’’ and inadequate fire and emergency response’’. shall carry out a survey of fire services to as- serting ‘‘In this section:’’; (k) SUNSET OF AUTHORITY TO AWARD HIRING sess the level of compliance of such fire serv- (B) in paragraph (1)— GRANTS.—Such section is further amended ices with the standards described in such (i) by inserting ‘‘The term’’ before ‘‘ ‘fire- by adding at the end the following: paragraph. fighter’ has’’; and ‘‘(k) SUNSET OF AUTHORITIES.—The author- (B) ELEMENTS.—The survey required by (ii) by striking ‘‘; and’’ and inserting a pe- ity to award assistance and grants under this subparagraph (A) shall— riod; section shall expire on the date that is 5 (i) include career fire departments, volun- (C) by striking paragraph (2); and years after the date of the enactment of the teer fire departments, combination fire de- (D) by inserting at the end the following: Fire Grants Reauthorization Act of 2012.’’. partments, and fire departments serving

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communities of different sizes, and such (3) RESPONSIBILITIES.—The Task Force SEC. 1813. MODIFICATION OF AUTHORITY OF AD- other distinguishing factors as the Adminis- shall— MINISTRATOR TO EDUCATE PUBLIC trator considers relevant; (A) consult with the Secretary in the con- ABOUT FIRE AND FIRE PREVENTION. (ii) employ methods to ensure that the sur- duct of the study required by subsection Section 6 of the Federal Fire Prevention vey accurately reflects the actual rate of (b)(1); and and Control Act of 1974 (15 U.S.C. 2205) is compliance with the standards described in (B) develop a plan to enhance firefighter amended by striking ‘‘to take all steps’’ and paragraph (1) among fire services; and safety by increasing fire service compliance all that follows through ‘‘fire and fire pre- (iii) determine the extent of barriers and with the standards described in subsection vention.’’ and inserting ‘‘to take such steps challenges to achieving compliance with the (b)(1), including by— as the Administrator considers appropriate standards described in paragraph (1) among (i) reviewing and evaluating the report re- to educate the public and overcome public fire services. quired by subsection (b)(3)(A) to determine indifference as to fire, fire prevention, and (C) AUTHORITY TO CARRY OUT SURVEY WITH the extent of and barriers to achieving com- individual preparedness.’’. NONPROFIT.—If the Administrator determines pliance with the standards described in sub- SEC. 1814. AUTHORIZATION OF APPROPRIATIONS. that it will reduce the costs incurred by the section (b)(1) among fire services; and Section 17(g)(1) of the Federal Fire Preven- United States Fire Administration in car- (ii) considering ways in which the Federal tion and Control Act of 1974 (15 U.S.C. rying out the survey required by subpara- Government, States, and local governments 2216(g)(1)) is amended— graph (A), the Administrator may carry out can promote or encourage fire services to (1) in subparagraph (G), by striking ‘‘and’’ such survey in conjunction with a nonprofit comply with such standards. at the end; organization that has substantial expertise (4) REPORT.— (2) in subparagraph (H), by striking the pe- and experience in the following areas: (A) IN GENERAL.—Not later than 180 days riod at the end and inserting a semicolon; (i) The fire services. after the date on which the Secretary sub- (3) by adding after subparagraph (H) the (ii) National voluntary consensus stand- mits the report required by subsection following: ards. (b)(3)(A), the Task Force shall submit to ‘‘(I) $76,490,890 for fiscal year 2013, of which (iii) Contemporary survey methods. Congress and the Secretary a report on the $2,753,672 shall be used to carry out section (3) REPORT ON FINDINGS OF STUDY.— activities and findings of the Task Force. 8(f); (A) IN GENERAL.—Not later than 2 years (B) CONTENTS.—The report required by sub- ‘‘(J) $76,490,890 for fiscal year 2014, of which after the date of the enactment of this Act, paragraph (A) shall include the following: $2,753,672 shall be used to carry out section the Administrator shall submit to Congress (i) The findings and recommendations of 8(f); a report on the findings of the Administrator the Task Force with respect to the study ‘‘(K) $76,490,890 for fiscal year 2015, of which with respect to the study required by para- carried out under subsection (b)(1). $2,753,672 shall be used to carry out section graph (1). (ii) The plan developed under paragraph 8(f); (B) CONTENTS.—The report required by sub- (3)(B). ‘‘(L) $76,490,890 for fiscal year 2016, of which paragraph (A) shall include the following: (d) STUDY AND REPORT ON THE NEEDS OF $2,753,672 shall be used to carry out section (i) An accurate description, based on the FIRE SERVICES.— 8(f); and results of the survey required by paragraph (1) STUDY.—The Administrator shall con- ‘‘(M) $76,490,890 for fiscal year 2017, of (2)(A), of the rate of compliance with the duct a study— which $2,753,672 shall be used to carry out standards described in paragraph (1) among (A) to define the current roles and activi- section 8(f).’’; and United States fire services, including a com- ties associated with fire services on a na- (4) in subparagraphs (E) through (H), by parison of the rates of compliance among cational, State, regional, and local level; moving each margin 2 ems to the left. reer fire departments, volunteer fire depart- (B) to identify the equipment, staffing, and SEC. 1815. REMOVAL OF LIMITATION. ments, combination fire departments, and training required to fulfill the roles and ac- Section 9(d) of the Federal Fire Prevention fire departments serving communities of dif- tivities defined under subparagraph (A); and Control Act of 1974 (15 U.S.C. 2208(d)) is ferent sizes, and such other comparisons as (C) to conduct an assessment to identify amended— Administrator considers relevant. gaps between what fire services currently (1) by striking ‘‘UPDATE.—’’ and all that (ii) A description of the challenges faced by possess and what they require to meet the follows through ‘‘The Administrator’’ and in- different types of fire departments and dif- equipment, staffing, and training needs iden- serting ‘‘UPDATE.—The Administrator’’; and ferent types of communities in complying tified under subparagraph (B) on a national (2) by striking paragraph (2). with the standards described in paragraph and State-by-State basis; and TITLE XIX—MEMORIAL TO SLAVES AND (1). (D) to measure the impact of the grant and FREE BLACK PERSONS WHO SERVED IN assistance program under section 33 of the THE AMERICAN REVOLUTION (c) TASK FORCE TO ENHANCE FIREFIGHTER Federal Fire Prevention and Control Act of SAFETY.— 1974 (15 U.S.C. 2229) in meeting the needs of SEC. 1901. FINDING. Congress finds that the contributions of (1) ESTABLISHMENT.—Not later than 60 days fire services and filling the gaps identified free persons and slaves who fought during after the date of the enactment of this Act, under subparagraph (C). the Secretary of Homeland Security shall es- the American Revolution were of preeminent (2) REPORT.—Not later than 2 years after historical and lasting significance to the tablish a task force to be known as the the date of the enactment of this title, the United States, as required by section ‘‘Task Force to Enhance Firefighter Safety’’ Administrator shall submit to Congress a re- 8908(b)(1) of title 40, United States Code. (in this subsection referred to as the ‘‘Task port on the findings of the Administrator Force’’). with respect to the study conducted under SEC. 1902. DEFINITIONS. (2) MEMBERSHIP.— paragraph (1). In this title: (A) IN GENERAL.—Members of the Task (e) AUTHORIZATION OF APPROPRIATIONS.— (1) FEDERAL LAND.— Force shall be appointed by the Secretary There are authorized to be appropriated to (A) IN GENERAL.—The term ‘‘Federal land’’ from among the general public and shall in- the Administrator to carry out this section— means the parcel of land— clude the following: (1) $600,000 for fiscal year 2013; and (i) identified as ‘‘Area I’’; and (i) Representatives of national organiza- (2) $600,000 for fiscal year 2014. (ii) depicted on the map numbered 869/ tions representing firefighters and fire Subtitle B—Reauthorization of United States 86501B and dated June 24, 2003. chiefs. Fire Administration (B) EXCLUSION.—The term ‘‘Federal land’’ (ii) Individuals representing standards-set- does not include the Reserve (as defined in ting and accrediting organizations, including SEC. 1811. SHORT TITLE. section 8902(a) of title 40, United States This subtitle may be cited as the ‘‘United representatives from the voluntary con- Code). States Fire Administration Reauthorization sensus codes and standards development (2) MEMORIAL.—The term ‘‘memorial’’ Act of 2012’’. community. means the memorial authorized to be estab- (iii) Such other individuals as the Sec- SEC. 1812. CLARIFICATION OF RELATIONSHIP BE- lished under section 3(a). TWEEN UNITED STATES FIRE AD- retary considers appropriate. MINISTRATION AND FEDERAL EMER- SEC. 1903. MEMORIAL AUTHORIZATION. (B) REPRESENTATIVES OF OTHER DEPART- GENCY MANAGEMENT AGENCY. (a) AUTHORIZATION.—In accordance with MENTS AND AGENCIES.—The Secretary may Section 5(c) of the Federal Fire Prevention subsections (b) and (c), National Mall Lib- invite representatives of other Federal de- and Control Act of 1974 (15 U.S.C. 2204) is erty Fund D.C. may establish a memorial on partments and agencies that have an inter- amended to read as follows: Federal land in the District of Columbia to est in fire services to participate in the ‘‘(c) DEPUTY ADMINISTRATOR.—The Admin- honor the more than 5,000 courageous slaves meetings and other activities of the Task istrator may appoint a Deputy Adminis- and free Black persons who served as soldiers Force. trator, who shall— and sailors or provided civilian assistance (C) NUMBER; TERMS OF SERVICE; PAY AND ‘‘(1) perform such functions as the Admin- during the American Revolution. ALLOWANCES.—The Secretary shall determine istrator shall from time to time assign or (b) PROHIBITION ON USE OF FEDERAL the number, terms of service, and pay and al- delegate; and FUNDS.—National Mall Liberty Fund D.C. lowances of members of the Task Force ap- ‘‘(2) act as Administrator during the ab- may not use Federal funds to establish the pointed by the Secretary, except that a term sence or disability of the Administrator or in memorial. of service of any such member may not ex- the event of a vacancy in the office of Ad- (c) APPLICABLE LAW.—National Mall Lib- ceed 2 years. ministrator.’’. erty Fund D.C. shall establish the memorial

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00159 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7564 CONGRESSIONAL RECORD — SENATE December 5, 2012 in accordance with chapter 89 of title 40, tions to the North Atlantic Treaty Organiza- tary construction projects, land acquisition, United States Code. tion Security Investment Program (and au- family housing projects and facilities, or SEC. 1904. REPEAL OF JOINT RESOLUTIONS. thorizations of appropriations therefor) shall contributions to the North Atlantic Treaty Public Law 99–558 (110 Stat. 3144) and Pub- expire on the later of— Organization Security Investment Program. lic Law 100–265 (102 Stat. 39) are repealed. (1) October 1, 2015; or TITLE XXI—ARMY MILITARY (2) the date of the enactment of an Act au- DIVISION B—MILITARY CONSTRUCTION CONSTRUCTION AUTHORIZATIONS thorizing funds for military construction for SEC. 2001. SHORT TITLE. fiscal year 2016. SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. This division may be cited as the ‘‘Military (b) EXCEPTION.—Subsection (a) shall not Construction Authorization Act for Fiscal apply to authorizations for military con- (a) INSIDE THE UNITED STATES.—Using Year 2013’’. struction projects, land acquisition, family amounts appropriated pursuant to the au- SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND housing projects and facilities, and contribu- thorization of appropriations in section 2103 AMOUNTS REQUIRED TO BE SPECI- tions to the North Atlantic Treaty Organiza- and available for military construction FIED BY LAW. tion Security Investment Program (and au- projects inside the United States as specified (a) EXPIRATION OF AUTHORIZATIONS AFTER thorizations of appropriations therefor), for in the funding table in section 4601, the Sec- THREE YEARS.—Except as provided in sub- which appropriated funds have been obli- retary of the Army may acquire real prop- section (b), all authorizations contained in gated before the later of— erty and carry out military construction titles XXI through XXVII for military con- (1) October 1, 2015; or projects for the installations or locations instruction projects, land acquisition, family (2) the date of the enactment of an Act au- side the United States, and in the amounts, housing projects and facilities, and contribu- thorizing funds for fiscal year 2016 for mili- set forth in the following table: Army: Inside the United States

State Installation or Location Amount

Alaska ...... Fort Wainwright ...... $10,400,000 Joint Base Elmendorf-Richardson ...... $7,900,000 California ...... Concord ...... $8,900,000 Colorado ...... Fort Carson ...... $18,000,000 Fort McNair ...... $7,200,000 Georgia ...... Fort Benning ...... $16,000,000 Fort Gordon ...... $23,300,000 Fort Stewart ...... $49,650,000 Hawaii ...... Pohakuloa Training Area ...... $29,000,000 Schofield Barracks ...... $96,000,000 Wheeler Army Air Field ...... $85,000,000 Kansas ...... Fort Riley ...... $12,200,000 Kentucky ...... Fort Campbell ...... $81,800,000 Fort Knox ...... $6,000,000 Missouri ...... Fort Leonard Wood ...... $123,000,000 New Jersey ...... Joint Base McGuire-Dix-Lakehurst ...... $47,000,000 Picatinny Arsenal ...... $10,200,000 New York ...... Fort Drum ...... $95,000,000 North Carolina ...... Fort Bragg ...... $68,000,000 Oklahoma ...... Fort Sill ...... $4,900,000 South Carolina ...... Fort Jackson ...... $24,000,000 Texas ...... Corpus Christi ...... $37,200,000 Fort Bliss ...... $7,200,000 Fort Hood ...... $51,200,000 Joint Base San Antonio ...... $21,000,000 Virginia ...... Fort Belvoir ...... $94,000,000 Fort Lee ...... $81,000,000 Washington ...... Joint Base Lewis McChord ...... $164,000,000 Yakima ...... $5,100,000

(b) OUTSIDE THE UNITED STATES.—Using projects outside the United States as speci- projects for the installations or locations amounts appropriated pursuant to the au- fied in the funding table in section 4601, the outside the United States, and in the thorization of appropriations in section 2103 Secretary of the Army may acquire real amounts, set forth in the following table: and available for military construction property and carry out military construction Army: Outside the United States

Country Installation or Location Amount

Italy ...... Camp Ederle ...... $36,000,000 Vicenza ...... $32,000,000 Japan ...... Okinawa ...... $78,000,000 Sagami ...... $18,000,000 Korea ...... Camp Humphreys ...... $45,000,000

SEC. 2102. FAMILY HOUSING. housing functions as specified in the funding tivities with respect to the construction or Using amounts appropriated pursuant to table in section 4601, the Secretary of the improvement of family housing units in an the authorization of appropriations in sec- Army may carry out architectural and engi- amount not to exceed $4,641,000. tion 2103 and available for military family neering services and construction design ac-

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00160 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7565 SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, Construction Authorization Act for Fiscal tion Act for Fiscal Year 2009 (division B of ARMY. Year 2010 (division B of Public Law 111–84; 123 Public Law 110–417; 122 Stat. 4658), authoriza- Funds are hereby authorized to be appro- Stat. 2628) for Fort Belvoir, Virginia, for con- tions set forth in the table in subsection (b), priated for fiscal years beginning after Sep- struction of a Road and Access Control Point as provided in section 2101 of that Act (122 tember 30, 2012, for military construction, at the installation, the Secretary of the Stat. 4659), shall remain in effect until Octo- land acquisition, and military family hous- Army may construct a standard design Ac- ing functions of the Department of the cess Control Point consistent with the ber 1, 2013, or the date of the enactment of an Army, as specified in the funding table in Army’s construction guidelines for Access Act authorizing funds for military construc- section 4601. Control Points. tion for fiscal year 2014, whichever is later. SEC. 2104. MODIFICATION OF AUTHORITY TO SEC. 2105. EXTENSION OF AUTHORIZATIONS OF (b) TABLE.—The table referred to in sub- CARRY OUT CERTAIN FISCAL YEAR CERTAIN FISCAL YEAR 2009 section (a) is as follows: 2010 PROJECT. PROJECTS. In the case of the authorization contained (a) EXTENSION.—Notwithstanding section in the table in section 2101(a) of the Military 2002 of the Military Construction Authoriza- Army: Extension of 2009 Project Authorizations

State Installation or Location Project Amount

Alabama ...... Anniston Army Depot ...... Lake Yard Interchange ...... $1,400,000 New Jersey ...... Picatinny Arsenal ...... Ballistic evaluation Facility Phase I ...... $9,900,000

SEC. 2106. EXTENSION OF AUTHORIZATIONS OF tion Act for Fiscal Year 2010 (division B of ber 1, 2013, or the date of the enactment of an CERTAIN FISCAL YEAR 2010 Public Law 111–84; 123 Stat. 2627), authoriza- Act authorizing funds for military construc- PROJECTS. tions set forth in the table in subsection (b), tion for fiscal year 2014, whichever is later. (a) EXTENSION.—Notwithstanding section as provided in section 2101 of that Act (123 (b) TABLE.—The table referred to in sub- 2002 of the Military Construction Authoriza- Stat. 2628), shall remain in effect until Octo- section (a) is as follows: Army: Extension of 2010 Project Authorizations

State/Country Installation or Location Project Amount

Louisiana ...... Fort Polk ...... Land Purchases and Condemnation ...... $17,000,000 New Jersey ...... Picatinny Arsenal ...... Ballistic Evaluation Facility, Ph2 ...... $10,200,000 Virginia ...... Fort Belvoir ...... Road and Access Control Point ...... $9,500,000 Washington ...... Fort Lewis ...... Fort Lewis-McCord AFB Joint Access ...... $9,000,000 Kuwait ...... Kuwait ...... APS Warehouses ...... $82,000,000

SEC. 2107. ADDITIONAL AUTHORITY TO CARRY (c) CONGRESSIONAL NOTIFICATION.—The Sec- thorization of appropriations in section 2204 OUT CERTAIN FISCAL YEAR 2013 retary of the Army shall provide information and available for military construction PROJECT. in accordance with section 2851(c) of title 10, projects inside the United States as specified (a) PROJECT AUTHORIZATION.—The Sec- United States Code, regarding the project de- in the funding table in section 4601, the Sec- scribed in subsection (a). If it becomes nec- retary of the Army may carry out a military retary of the Navy may acquire real property construction project to construct a cadet essary to exceed the estimated project cost, the Secretary shall utilize the authority pro- and carry out military construction projects barracks at the U.S. Military Academy, New vided by section 2853 of such title regarding for the installations or locations inside the York, in the amount of $192,000,000. authorized cost and scope of work variations. United States, and in the amounts, set forth (b) USE OF UNOBLIGATED PRIOR-YEAR MILI- TITLE XXII—NAVY MILITARY in the following table: TARY CONSTRUCTION FUNDS.—The Secretary CONSTRUCTION of the Army shall use available, unobligated SEC. 2201. AUTHORIZED NAVY CONSTRUCTION military construction funds appropriated for AND LAND ACQUISITION PROJECTS. a fiscal year before fiscal year 2013 for the (a) INSIDE THE UNITED STATES.—Using project described in subsection (a). amounts appropriated pursuant to the au- Inside the United States

State Installation or Location Amount

Arizona ...... Yuma ...... $29,285,000 California ...... Camp Pendleton ...... $88,110,000 Coronado ...... $78,541,000 Miramar ...... $27,897,000 San Diego ...... $71,188,000 Seal Beach ...... $30,594,000 Twentynine Palms ...... $47,270,000 Ventura County ...... $12,790,000 Florida ...... Jacksonville ...... $21,980,000 Hawaii ...... Kaneohe Bay ...... $97,310,000 Mississippi ...... Meridian ...... $10,926,000 New Jersey ...... Earle ...... $33,498,000 North Carolina ...... Camp Lejeune ...... $69,890,000 Cherry Point Marine Corps Air Station ...... $45,891,000 New River ...... $8,525,000 South Carolina ...... Beaufort ...... $81,780,000 Parris Island ...... $10,135,000 Virginia ...... Dahlgren ...... $28,228,000

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State Installation or Location Amount

Oceana Naval Air Station ...... $39,086,000 Portsmouth ...... $32,706,000 Quantico ...... $58,714,000 Yorktown ...... $48,823,000 Washington ...... Whidbey Island ...... $6,272,000

(b) OUTSIDE THE UNITED STATES.—Using projects outside the United States as speci- projects for the installation or location out- amounts appropriated pursuant to the au- fied in the funding table in section 4601, the side the United States, and in the amounts, thorization of appropriations in section 2204 Secretary of the Navy may acquire real prop- set forth in the following table: and available for military construction erty and carry out military construction Navy: Outside the United States

Country Installation or Location Amount

Bahrain Island ...... SW Asia ...... $51,348,000 Diego Garcia ...... Diego Garcia ...... $1,691,000 Djibouti ...... Camp Lemonier ...... $99,420,000 Greece ...... Souda Bay ...... $25,123,000 Japan ...... Iwakuni ...... $13,138,000 Okinawa ...... $8,206,000 Romania ...... Deveselu ...... $45,205,000 Spain ...... Rota ...... $17,215,000 Worldwide Unspecified ...... Unspecified Worldwide Locations ...... $34,048,000

SEC. 2202. FAMILY HOUSING. SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, the Navy may acquire fee or lesser real prop- NAVY. Using amounts appropriated pursuant to erty interests to accomplish required envi- Funds are hereby authorized to be appro- ronmental mitigation for the project using the authorization of appropriations in sec- priated for fiscal years beginning after Sep- appropriations authorized for the project. tion 2204 and available for military family tember 30, 2012, for military construction, housing functions as specified in the funding land acquisition, and military family hous- SEC. 2206. EXTENSION OF AUTHORIZATIONS OF table in section 4601, the Secretary of the ing functions of the Department of the Navy, CERTAIN FISCAL YEAR 2009 Navy may carry out architectural and engi- as specified in the funding table in 4601, in- PROJECTS. neering services and construction design ac- cluding incremental funding for the con- (a) EXTENSION.—Notwithstanding section tivities with respect to the construction or struction of increment 2 of explosives han- 2002 of the Military Construction Authoriza- improvement of family housing units in an dling wharf 2 at Kitsap, Washington, author- tion Act for Fiscal Year 2009 (division B of amount not to exceed $4,527,000. ized by section 2201(a) of the Military Con- Public Law 110–417; 122 Stat. 4658), the au- struction Authorization Act for Fiscal Year thorization set forth in the table in sub- SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY 2012 (division B of Public Law 112–81; 125 section (b), as provided in section 2201 of that HOUSING UNITS. Stat. 1666), $254,241,000. Act (122 Stat 4670) and extended by section Subject to section 2825 of title 10, United SEC. 2205. MODIFICATION OF AUTHORITY TO 2206 of the Military Construction Authoriza- States Code, and using amounts appropriated CARRY OUT CERTAIN FISCAL YEAR tion Act for Fiscal Year 2012 (division B of 2012 PROJECT. Public Law 112–81; 125 Stat. 1668), shall re- pursuant to the authorization of appropria- In the case of the authorization contained main in effect until October 1, 2013, or the tions in section 2204 and available for mili- in the table in section 2201(a) of the Military date of an Act authorizing funds for military tary family housing functions as specified in Construction Authorization Act for Fiscal construction for fiscal year 2014, whichever the funding table in section 4601, the Sec- Year 2012 (division B of Public Law 112–81; 125 retary of the Navy may improve existing Stat. 1666), for Kitsap (Bangor) Washington, is later. military family housing units in an amount for construction of Explosives Handling (b) TABLE.—The table referred to in sub- not to exceed $97,655,000. Wharf #2 at that location, the Secretary of section (a) is as follows: Navy: Extension of 2009 Project Authorization

State/Country Installation or Location Project Amount

California ...... Marine Corps Base, Camp Pendleton ...... Operations Access Points, Red Beach ...... $11,970,000 Marine Corps Air Station, Miramar ...... Emergency Response Station ...... $6,530,000 District of Columbia ...... Washington Navy Yard ...... Child Development Center ...... $9,340,000

SEC. 2207. EXTENSION OF AUTHORIZATIONS OF tion Act for Fiscal Year 2010 (division B of October 1, 2013, or the date of an Act author- CERTAIN FISCAL YEAR 2010 Public Law 111–84; 123 Stat. 2627), the authorizing funds for military construction for fis- PROJECTS. ization set forth in the table in subsection cal year 2014, whichever is later. (a) EXTENSION.—Notwithstanding section (b), as provided in section 2201 of that Act (b) TABLE.—The table referred to in sub- 2002 of the Military Construction Authoriza- (123 Stat. 2632), shall remain in effect until section (a) is as follows: Navy: Extension of 2010 Project Authorization

State/Country Installation or Location Project Amount

California ...... Mountain Warfare Training Center, Bridgeport Mountain Warfare Training, Commissary ...... $6,830,000 Maine ...... Portsmouth Naval Shipyard ...... Gate 2 Security Improvements ...... $7,090,000

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State/Country Installation or Location Project Amount

Djibouti ...... Camp Lemonier ...... Security Fencing ...... $8,109,000 Ammo Supply Point ...... $21,689,000 Interior Paved Roads ...... $7,275,000

SEC. 2208. REALIGNMENT OF MARINES IN THE (4) a plan coordinated by all pertinent Fed- funds described in subsection (a) to carry out ASIA-PACIFIC REGION. eral agencies is provided to the congres- additional analysis or studies required the (a) RESTRICTION ON USE OF FUNDS.—Except sional defense committees detailing descrip- National Environmental Policy Act of 1969 as provided in subsection (c), none of the tions of work, costs, and a schedule for com- (42 U.S.C. 4321 et seq.) for proposed actions funds authorized to be appropriated under pletion of construction, improvements, and on Guam or Hawaii. this Act, and none of the amounts provided repairs to the non-military utilities, facili- (d) DISTRIBUTED LAY-DOWN DEFINED.—For by the Government of Japan for construction ties, and infrastructure, if any, on Guam af- purposes of this section, the term ‘‘distrib- activities on land under the jurisdiction of fected by the realignment of forces. the Department of Defense, may be obligated uted lay-down’’ refers to the planned dis- (b) DEVELOPMENT OF PUBLIC INFRASTRUC- tribution of Marines in Okinawa, Guam, Ha- or expended to implement the realignment of TURE.— waii, Australia, and possibly elsewhere that Marine Corps forces from Okinawa to other (1) AUTHORIZATION REQUIRED.—If the Sec- is contemplated in support of the joint state- locations until— retary of Defense determines that any grant, ment of the U.S. – Japan Security Consult- (1) the Commander of the United States cooperative agreement, transfer of funds to ative Committee dated April 27, 2012. Pacific Command provides to the congres- another Federal agency, or supplement of sional defense committees an assessment of funds available in fiscal year 2012 or fiscal (e) REPEAL.—Section 2207 of the National the strategic and logistical resources needed year 2013 under Federal programs adminis- Defense Authorization Act for Fiscal Year to ensure the distributed lay-down of mem- tered by agencies other than the Department 2012 (Public Law 112–81; 125 Stat. 1668) is re- bers of the United States Marine Corps in of Defense will result in the development (in- pealed. the United States Pacific Command Area of cluding repair, replacement, renovation, con- TITLE XXIII—AIR FORCE MILITARY Responsibility meets the contingency oper- version, improvement, expansion, acquisi- CONSTRUCTION ations plans; tion, or construction) of public infrastruc- (2) the Secretary of Defense submits to the ture on Guam, the Secretary of Defense may SEC. 2301. AUTHORIZED AIR FORCE CONSTRUC- congressional defense committees master not carry out such grant, transfer coopera- TION AND LAND ACQUISITION plans for the construction of facilities and tive agreement, or supplemental funding un- PROJECTS. infrastructure to execute the Marine Corps less specifically authorized by law. (a) INSIDE THE UNITED STATES.—Using distributed lay-down on Guam, Australia, (2) PUBLIC INFRASTRUCTURE DEFINED.—In amounts appropriated pursuant to the au- and Hawaii, including a detailed description this section, the term ‘‘public infrastruc- thorization of appropriations in section 2304 of costs and the schedule for such construc- ture’’ means any utility, method of transpor- and available for military construction tion; tation, item of equipment, or facility under projects inside the United States as specified (3) the Secretary of the Navy submits a the control of a public entity or State or in the funding table in section 4601, the Sec- plan to the congressional defense commit- local government that is used by, or con- retary of the Air Force may acquire real tees detailing the proposed investments and structed for the benefit of, the general pub- property and carry out military construction schedules required to restore facilities and lic. projects for the installations or locations in- infrastructure at Marine Corps Air Station (c) EXCEPTION TO RESTRICTION ON USE OF side the United States, and in the amounts, Futenma; and FUNDS.—The Secretary of Defense may use set forth in the following table: Air Force: Inside the United States

State Installation or Location Amount

Arkansas ...... Little Rock AFB ...... $30,178,000 Florida ...... Tyndall AFB ...... $14,750,000 Georgia ...... Fort Stewart ...... $7,250,000 Moody AFB ...... $8,500,000 New Mexico ...... Holloman AFB ...... $25,000,000 North Dakota ...... Minot AFB ...... $4,600,000 Texas ...... Joint Base San Antonio ...... $18,000,000 Utah ...... Hill AFB ...... $13,530,000

(b) OUTSIDE THE UNITED STATES.—Using projects outside the United States as speci- projects for the installations or locations amounts appropriated pursuant to the au- fied in the funding table in section 4601, the outside the United States, and in the thorization of appropriations in section 2304 Secretary of the Air Force may acquire real amounts, set forth in the following table: and available for military construction property and carry out military construction Air Force: Outside the United States

State Installation or Location Amount

Greenland ...... Thule AB ...... $24,500,000 Italy ...... Aviano AB ...... $9,400,000 Worldwide Unspecified ...... Unspecified Worldwide Locations ...... $34,657,000

SEC. 2302. FAMILY HOUSING. tivities with respect to the construction or tions in section 2304 and available for mili- Using amounts appropriated pursuant to improvement of family housing units in an tary family housing functions as specified in the authorization of appropriations in sec- amount not to exceed $4,253,000. the funding table in section 4601, the Sec- tion 2304 and available for military family SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY retary of the Air Force may improve existing housing functions as specified in the funding HOUSING UNITS. military family housing units in an amount table in section 4601, the Secretary of the Air Subject to section 2825 of title 10, United Force may carry out architectural and engi- States Code, and using amounts appropriated not to exceed $79,571,000. neering services and construction design ac- pursuant to the authorization of appropria-

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00163 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7568 CONGRESSIONAL RECORD — SENATE December 5, 2012 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, ity at Offutt Air Force Base, Nebraska, au- Public Law 111–84; 123 Stat. 2627), authoriza- AIR FORCE. thorized by section 2301(a) of the Military tions set forth in the table in subsection (b), Funds are hereby authorized to be appro- Construction Authorization Act for Fiscal as provided in section 2301 of that Act (123 priated for fiscal years beginning after Sep- Year 2012 (division B of Public Law 112–81; 125 Stat. 2636), shall remain in effect until Octo- tember 30, 2012, for military construction, Stat. 1670), $111,000,000. ber 1, 2013, or the date of an Act authorizing land acquisition, and military family hous- SEC. 2305. EXTENSION OF AUTHORIZATIONS OF ing functions of the Department of the Air CERTAIN FISCAL YEAR 2010 funds for military construction for fiscal Force, as specified in the funding table in PROJECTS. year 2014, whichever is later. section 4601, including incremental funding (a) EXTENSION.—Notwithstanding section (b) TABLE.—The table referred to in sub- for the construction of increment 2 of the 2002 of the Military Construction Authoriza- section (a) is as follows: U.S. Strategic Command Replacement Facil- tion Act for Fiscal Year 2010 (division B of Air Force: Extension of 2010 Project Authorizations

Installation or State Location Project Amount

Missouri ...... Whiteman AFB ...... Land Acquisition North & South Boundary ...... $5,500,000 Montana ...... Malmstrom AFB ...... Weapons Storage Area (WSA), Phase 2 ...... $10,600,000

TITLE XXIV—DEFENSE AGENCIES thorization of appropriations in section 2403 United States, and in the amounts, set forth MILITARY CONSTRUCTION and available for military construction in the following table: Subtitle A—Defense Agency Authorizations projects inside the United States as specified SEC. 2401. AUTHORIZED DEFENSE AGENCIES in the funding table in section 4601, the Sec- CONSTRUCTION AND LAND ACQUISI- retary of Defense may acquire real property TION PROJECTS. and carry out military construction projects (a) INSIDE THE UNITED STATES.—Using for the installations or locations inside the amounts appropriated pursuant to the au- Defense Agencies: Inside the United States

State Installation or Location Amount

Arizona ...... Yuma ...... $1,300,000 California ...... Coronado ...... $55,259,000 DEF Fuel Support Point - San Diego ...... $91,563,000 Edwards Air Force Base ...... $27,500,000 Twentynine Palms ...... $27,400,000 Colorado ...... Buckley Air Force Base ...... $30,000,000 Fort Carson ...... $56,673,000 Pikes Peak ...... $3,600,000 CONUS Classified ...... Classified Location ...... $6,477,000 Delaware ...... Dover AFB ...... $2,000,000 Florida ...... Eglin AFB ...... $41,695,000 Hurlburt Field ...... $16,000,000 MacDill AFB ...... $34,409,000 Hawaii ...... Joint Base Pearl Harbor-Hickam ...... $24,289,000 Illinois ...... Great Lakes ...... $28,700,000 Scott AFB ...... $86,711,000 Indiana ...... Grissom ARB ...... $26,800,000 Kentucky ...... Fort Campbell ...... $71,639,000 Louisiana ...... Barksdale AFB ...... $11,700,000 Maryland ...... Annapolis ...... $66,500,000 Bethesda Naval Hospital ...... $62,200,000 Fort Meade ...... $128,600,000 Missouri ...... Fort Leonard Wood ...... $18,100,000 New Mexico ...... Cannon AFB ...... $93,085,000 New York ...... Fort Drum ...... $43,200,000 North Carolina ...... Camp Lejeune ...... $80,064,000 Fort Bragg ...... $130,422,000 Seymour Johnson AFB ...... $55,450,000 Pennsylvania ...... DEF Distribution Depot New Cumberland ...... $17,400,000 South Carolina ...... Shaw AFB ...... $57,200,000 Texas ...... Red River Army Depot ...... $16,715,000 Virginia ...... Joint Expeditionary Base Little Creek - Story ...... $11,132,000 Norfolk ...... $8,500,000 Washington ...... Fort Lewis ...... $50,520,000

(b) OUTSIDE THE UNITED STATES.—Using projects outside the United States as speci- projects for the installations or locations amounts appropriated pursuant to the au- fied in the funding table in section 4601, the outside the United States, and in the thorization of appropriations in section 2403 Secretary of Defense may acquire real prop- amounts, set forth in the following table: and available for military construction erty and carry out military construction

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Country Installation or Location Amount

Belgium ...... Brussels ...... $26,969,000 Germany ...... Stuttgart-Patch Barracks ...... $2,413,000 Vogelweh ...... $61,415,000 Weisbaden ...... $52,178,000 Guantanamo Bay, Cuba ...... Guantanamo Bay ...... $40,200,000 Japan ...... Camp Zama ...... $13,273,000 Kadena AB ...... $143,545,000 Sasebo ...... $35,733,000 Zukeran ...... $79,036,000 Korea ...... Kunsan AB ...... $13,000,000 Osan AB ...... $77,292,000 Romania ...... Deveselu ...... $157,900,000 United Kingdom ...... Menwith Hill Station ...... $50,283,000 RAF Feltwell ...... $30,811,000 RAF Mildenhall ...... $6,490,000

SEC. 2402. AUTHORIZED ENERGY CONSERVATION for Fiscal Year 2007 (division B of Public Law thorization Act for Fiscal Year 2012 (division PROJECTS. 109–364; 120 Stat. 2457), $19,000,000. B of Public Law 112–81; 125 Stat. 1672), Using amounts appropriated pursuant to (2) For the construction of increment 4 of $80,700,000. the authorization of appropriations in sec- a National Security Agency data center at (6) For the construction of increment 2 of tion 2403 and available for energy conserva- Camp Williams, Utah, authorized as a Mili- the medical center replacement at Rhine tion projects as specified in the funding table tary Construction, Defense-Wide project by Ordnance Barracks, Germany, authorized by in 4601, the Secretary of Defense may carry title X of the Supplemental Appropriations section 2401(b) of the Military Construction out energy conservation projects under chap- Act, 2009 (Public Law 111–32; 123 Stat. 1888), Authorization Act for Fiscal Year 2012 (divi- ter 173 of title 10, United States Code, in the $191,414,000. sion B of Public Law 112–81; 125 Stat. 1673), amount of $150,000,000. (3) For the construction of increment 4 of $127,000,000. SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, the hospital at Fort Bliss, Texas, authorized DEFENSE AGENCIES. by section 2401(a) of the Military Construc- SEC. 2404. EXTENSION OF AUTHORIZATION OF Funds are hereby authorized to be appro- CERTAIN FISCAL YEAR 2010 tion Authorization Act for Fiscal Year 2010 PROJECT. priated for fiscal years beginning after Sep- (division B of Public Law 111–84; 123 Stat. tember 30, 2012, for military construction, 2642), $107,400,000. (a) EXTENSION.—Notwithstanding section land acquisition, and military family hous- (4) For the construction of increment 2 of 2002 of the Military Construction Authoriza- ing functions of the Department of Defense the high performance computing center at tion Act for Fiscal Year 2010 (division B of (other than the military departments), as Fort Meade, Maryland, authorized by section Public Law 111–84; 123 Stat. 2627), authoriza- specified in the funding table in 4601, includ- 2401(a) of the Military Construction Author- tions set forth in the table in subsection (b), ing incremental funding for the following ization Act for Fiscal Year 2012 (division B of as provided in section 2401(a) of that Act (123 projects in the following amounts: Public Law 112–81; 125 Stat. 1672), as amended Stat. 2640), shall remain in effect until Octo- (1) For the construction of increment 7 of by section 2405(a) of this Act, $225,521,000. ber 1, 2013, or the date of the enactment of an the Army Medical Research Institute of In- (5) For the construction of increment 2 of Act authorizing funds for military construc- fectious Diseases Stage I at Fort Detrick, the ambulatory care center phase 3 at Joint tion for fiscal year 2014, whichever is later: Maryland, authorized by section 2401(a) of Base San Antonio, Texas, authorized by sec- (b) TABLE.—The table referred to in sub- the Military Construction Authorization Act tion 2401(a) of the Military Construction Au- section (a) is as follows: Washington Headquarters Services: Extension of 2010 Project Authorization

State Installation or Location Project Amount

Virginia ...... Pentagon Reservation ...... Pentagon electrical upgrade ...... $19,272,000

SEC. 2405. MODIFICATION OF AUTHORITY TO project and a certification that this project tember 30, 2012, for military construction CARRY OUT CERTAIN FISCAL YEAR is a bona fide need for meeting national secu- and land acquisition for chemical demili- 2012 PROJECT. rity objectives for fiscal year 2013. tarization, as specified in the funding table The table in section 2401(a) of the Military (c) USE OF UNOBLIGATED PRIOR-YEAR MILI- in section 4601, including incremental fund- Construction Authorization Act for Fiscal TARY CONSTRUCTION FUNDS.—The Secretary ing for the following projects in the fol- Year 2012 (division B of Public Law 112–81; 125 of Defense shall use available, unobligated lowing amounts: Stat. 1672), is amended in the item relating military construction funds appropriated for (1) For the construction of phase 14 of a to Fort Meade, Maryland, by striking a fiscal year before fiscal year 2013 for the chemical munitions demilitarization facility ‘‘$29,640,000’’ in the amount column and in- project described in subsection (a). at Pueblo Chemical Activity, Colorado, au- serting ‘‘$792,200,000’’. (d) CONGRESSIONAL NOTIFICATION.—The thorized by section 2401(a) of the Military SEC. 2406. ADDITIONAL AUTHORITY TO CARRY Secretary of Defense shall provide informa- Construction Authorization Act for Fiscal OUT CERTAIN FISCAL YEAR 2013 tion in accordance with section 2851(c) of Year 1997 (division B of Public Law 104–201; PROJECT. title 10, United States Code, regarding the 110 Stat. 2775), as amended by section 2406 of (a) PROJECT AUTHORIZATION.—The Sec- project described in subsection (a). If it be- the Military Construction Authorization Act retary of Defense may carry out a military comes necessary to exceed the estimated for Fiscal Year 2000 (division B of Public Law construction project to construct an Upgrade project cost, the Secretary shall utilize the 106–65; 113 Stat. 839), section 2407 of the Mili- Fuel Pipeline at Andersen Air Force Base, authority provided by section 2853 of such tary Construction Authorization Act for Fis- Guam, in the amount of $67,500,000. title regarding authorized cost and scope of cal Year 2003 (division B of Public Law 107– (b) LIMITATION.—No funds may be obligated work variations. 314; 116 Stat. 2698), and section 2413 of the or expended for the project described in sub- Subtitle B—Chemical Demilitarization Military Construction Authorization Act for section (a) until the Commander of the Authorizations Fiscal Year 2009 (division B of Public Law United States Pacific Command provides to SEC. 2411. AUTHORIZATION OF APPROPRIATIONS, 110–417; 122 Stat. 4697), $36,000,000. the congressional defense committees a re- CHEMICAL DEMILITARIZATION CON- (2) For the construction of phase 13 of a port, with classified annex if necessary, de- STRUCTION, DEFENSE-WIDE. munitions demilitarization facility at Blue tailing the strategic and operational require- Funds are hereby authorized to be appro- Grass Army Depot, Kentucky, authorized by ments satisfied by the construction of this priated for fiscal years beginning after Sep- section 2401(a) of the Military Construction

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00165 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7570 CONGRESSIONAL RECORD — SENATE December 5, 2012 Authorization Act for Fiscal Year 2000 (divi- (1) under the agency heading relating to SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, sion B of Public Law 106–65; 113 Stat. 835), as Chemical Demilitarization Program, in the NATO. amended by section 2405 of the Military Con- item relating to Pueblo Army Depot, Colo- Funds are hereby authorized to be appro- struction Authorization Act for Fiscal Year rado, by striking ‘‘$484,000,000’’ in the priated for fiscal years beginning after Sep- 2002 (division B of Public Law 107–107; 115 amount column and inserting ‘‘$520,000,000’’; tember 30, 2012, for contributions by the Sec- Stat. 1298), section 2405 of the Military Con- and retary of Defense under section 2806 of title struction Authorization Act for Fiscal Year (2) by striking the amount identified as the 10, United States Code, for the share of the 2003 (division B of Public Law 107–314; 116 total in the amount column and inserting United States of the cost of projects for the Stat. 2698), section 2414 of the Military Con- ‘‘$866,454,000’’. North Atlantic Treaty Organization Security struction Authorization Act for Fiscal Year (b) CONFORMING AMENDMENT.—Section Investment Program authorized by section 2009 (division B of Public Law 110–417; 122 2406(b)(2) of the Military Construction Au- 2501, as specified in the funding table in sec- Stat. 4697), and section 2412 of the Military thorization Act for Fiscal Year 1997 (110 Stat. tion 4601. Construction Authorization Act for Fiscal 2779), as so amended, is further amended by Year 2011 (division B Public Law 111–383; 124 striking ‘‘$484,000,000’’ and inserting TITLE XXVI—GUARD AND RESERVE Stat. 4450), $115,000,000. ‘‘$520,000,000’’. FORCES FACILITIES SEC. 2412. MODIFICATION OF AUTHORITY TO TITLE XXV—NORTH ATLANTIC TREATY Subtitle A—Project Authorizations and CARRY OUT CERTAIN FISCAL YEAR ORGANIZATION SECURITY INVESTMENT Authorization of Appropriations 1997 PROJECT. PROGRAM (a) MODIFICATIONS.—The table in section SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD 2401(a) of the Military Construction Author- SEC. 2501. AUTHORIZED NATO CONSTRUCTION CONSTRUCTION AND LAND ACQUISI- TION PROJECTS. ization Act for Fiscal Year 1997 (division B of AND LAND ACQUISITION PROJECTS. Public Law 104–201; 110 Stat. 2775), as amend- The Secretary of Defense may make con- (a) INSIDE THE UNITED STATES.—Using ed by section 2406 of the Military Construc- tributions for the North Atlantic Treaty Or- amounts appropriated pursuant to the au- tion Authorization Act for Fiscal Year 2000 ganization Security Investment Program as thorization of appropriations in section 2606 (division B of Public Law 106–65; 113 Stat. provided in section 2806 of title 10, United and available for the National Guard and Re- 839), section 2407 of the Military Construc- States Code, in an amount not to exceed the serve as specified in the funding table in section Authorization Act for Fiscal Year 2003 sum of the amount authorized to be appro- tion 4601, the Secretary of the Army may ac- (division B of Public Law 107–314; 116 Stat. priated for this purpose in section 2502 and quire real property and carry out military 2699), and section 2413 of the Military Con- the amount collected from the North Atlan- construction projects for the Army National struction Authorization Act for Fiscal Year tic Treaty Organization as a result of con- Guard locations inside the United States, 2009 (division B of Public Law 110–417; 122 struction previously financed by the United and in the amounts, set forth in the fol- Stat. 4697), is amended— States. lowing table: Army National Guard: Inside the United States

State Location Amount

Alabama ...... Fort McClellan ...... $5,400,000 Arkansas ...... Searcy ...... $6,800,000 California ...... Fort Irwin ...... $25,000,000 Connecticut ...... Camp Hartell ...... $32,000,000 Delaware ...... Bethany Beach ...... $5,500,000 Florida ...... Camp Blanding ...... $9,000,000 Miramar ...... $20,000,000 Hawaii ...... Kapolei ...... $28,000,000 Idaho ...... Orchard Training Area ...... $40,000,000 Indiana ...... South Bend ...... $21,000,000 Terre Haute ...... $9,000,000 Iowa ...... Camp Dodge ...... $3,000,000 Kansas ...... Topeka ...... $9,500,000 Kentucky ...... Frankfort ...... $32,000,000 Massachusetts ...... Camp Edwards ...... $22,000,000 Minnesota ...... Camp Ripley ...... $17,000,000 St. Paul ...... $17,000,000 Missouri ...... Fort Leonard Wood ...... $18,000,000 Kansas City ...... $1,900,000 Monett ...... $820,000 Perryville ...... $700,000 Montana ...... Miles City ...... $11,000,000 New Jersey ...... Sea Girt ...... $34,000,000 New York ...... Stormville ...... $24,000,000 Ohio ...... Chillicothe ...... $3,100,000 Delaware ...... $12,000,000 Oklahoma ...... Camp Gruber ...... $25,000,000 Utah ...... Camp Williams ...... $36,000,000 Washington ...... Fort Lewis ...... $35,000,000 West Virginia ...... Logan ...... $14,200,000 Wisconsin ...... Wausau ...... $10,000,000

(b) OUTSIDE THE UNITED STATES.—Using serve as specified in the funding table in sec- Guard locations outside the United States, amounts appropriated pursuant to the au- tion 4601, the Secretary of the Army may ac- and in the amounts, set forth in the fol- thorization of appropriations in section 2606 quire real property and carry out military lowing table: and available for the National Guard and Re- construction projects for the Army National

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Country Installation Amount

Guam ...... Barrigada ...... $8,500,000 Puerto Rico ...... Camp Santiago ...... $3,800,000 Ceiba ...... $2,200,000 Guaynabo ...... $15,000,000 Gurabo ...... $14,700,000

SEC. 2602. AUTHORIZED ARMY RESERVE CON- tion 2606 and available for the National out military construction projects for the STRUCTION AND LAND ACQUISITION Guard and Reserve as specified in the fund- Army Reserve locations inside the United PROJECTS. ing table in section 4601, the Secretary of the States, and in the amounts, set forth in the Using amounts appropriated pursuant to Army may acquire real property and carry following table: the authorization of appropriations in sec- Army Reserve

State Location Amount

California ...... Fort Hunter Liggett ...... $68,300,000 Tustin ...... $27,000,000 Illinois ...... Fort Sheridan ...... $28,000,000 Maryland ...... Aberdeen Proving Ground ...... $21,000,000 Baltimore ...... $10,000,000 Massachusetts ...... Devens Reserve Forces Training Area ...... $8,500,000 Nevada ...... Las Vegas ...... $21,000,000 New Jersey ...... Joint Base McGuire-Dix-Lakehurst ...... $7,400,000 Washington ...... Joint Base Lewis-McChord ...... $40,000,000 Wisconsin ...... Fort McCoy ...... $47,800,000

SEC. 2603. AUTHORIZED NAVY RESERVE AND MA- tion 2606 and available for the National Navy Reserve and Marine Corps Reserve lo- RINE CORPS RESERVE CONSTRUC- Guard and Reserve as specified in the fund- cations inside the United States, and in the TION AND LAND ACQUISITION PROJECTS. ing table in section 4601, the Secretary of the amounts, set forth in the following table: Using amounts appropriated pursuant to Navy may acquire real property and carry the authorization of appropriations in sec- out military construction projects for the Navy Reserve Marine Corps Reserve

State Location Amount

Arizona ...... Yuma ...... $5,379,000 Iowa ...... Fort Des Moines ...... $19,162,000 Louisiana ...... New Orleans ...... $7,187,000 New York ...... Brooklyn ...... $4,430,000 Texas ...... Fort Worth ...... $11,256,000

SEC. 2604. AUTHORIZED AIR NATIONAL GUARD tion 2606 and available for the National carry out military construction projects for CONSTRUCTION AND LAND ACQUISI- Guard and Reserve as specified in the fund- the Air National Guard locations inside the TION PROJECTS. ing table in section 4601, the Secretary of the United States, and in the amounts, set forth Using amounts appropriated pursuant to Air Force may acquire real property and in the following table: the authorization of appropriations in sec- Air National Guard

State Location Amount

California ...... Fresno Yosemite IAP ANG ...... $11,000,000 Hawaii ...... Joint Base Pearl Harbor-Hickam ...... $6,500,000 New Mexico ...... Kirtland AFB ...... $8,500,000 Wyoming ...... Cheyenne MAP ...... $6,486,000

SEC. 2605. AUTHORIZED AIR FORCE RESERVE tion 2606 and available for the National carry out military construction projects for CONSTRUCTION AND LAND ACQUISI- Guard and Reserve as specified in the fund- the Air Force Reserve locations inside the TION PROJECTS. ing table in section 4601, the Secretary of the United States, and in the amounts, set forth Using amounts appropriated pursuant to Air Force may acquire real property and in the following table: the authorization of appropriations in sec-

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State Location Amount

New York ...... Niagara Falls IAP ...... $6,100,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, tion of land for those facilities), as specified thorization set forth in the table in sub- NATIONAL GUARD AND RESERVE. in the funding table in section 4601. section (b), as provided in section 2604 of that Funds are hereby authorized to be appro- Subtitle B—Other Matters Act (122 Stat. 4706), shall remain in effect priated for fiscal years beginning after Sep- SEC. 2611. EXTENSION OF AUTHORIZATION OF until October 1, 2013, or the date of the en- tember 30, 2012, for the costs of acquisition, CERTAIN FISCAL YEAR 2009 actment of an Act authorizing funds for mili- architectural and engineering services, and PROJECT. tary construction for fiscal year 2014, which- construction of facilities for the Guard and (a) EXTENSION.—Notwithstanding section ever is later. Reserve Forces, and for contributions there- 2002 of the Military Construction Authoriza- for, under chapter 1803 of title 10, United tion Act for Fiscal Year 2009 (division B of (b) TABLE.—The table referred to in sub- States Code (including the cost of acquisi- Public Law 110–417; 122 Stat. 4658), the au- section (a) is as follows: Air National Guard: Extension of 2009 Project Authorizations

Installation or State Location Project Amount

Mississippi ...... Gulfport-Biloxi Airport ...... Relocate Munitions Complex ...... $3,400,000

SEC. 2612. EXTENSION OF AUTHORIZATION OF Public Law 111–84; 123 Stat. 2627), the author- enactment of an Act authorizing funds for CERTAIN FISCAL YEAR 2010 izations set forth in the tables in subsection military construction for fiscal year 2014, PROJECTS. (b), as provided in sections 2602 and 2604 of whichever is later. (a) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authoriza- that Act (123 Stat. 2649, 2651), shall remain in (b) TABLE.—The tables referred to in sub- tion Act for Fiscal Year 2010 (division B of effect until October 1, 2013, or the date of the section (a) are as follows: Army Reserve: Extension of 2010 Project Authorizations

Installation or State Location Project Amount

California ...... Camp Pendleton ...... Army Reserve Center ...... $19,500,000 Connecticut ...... Bridgeport ...... Army Reserve Center/Land ...... $18,500,000

Air National Guard: Extension of 2010 Project Authorization

Installation or State Location Project Amount

Mississippi ...... Gulfport-Biloxi Airport ...... Relocate Base Entrance ...... $6,500,000

SEC. 2613. MODIFICATION OF AUTHORITY TO note) and funded through the Department of (b) CONFORMING AMENDMENT.—The heading CARRY OUT CERTAIN FISCAL YEAR Defense Base Closure Account 1990 estab- of such section is amended by striking ‘‘AU- 2011 PROJECT. lished by section 2906 of such Act, as speci- THORIZED’’ and inserting ‘‘AUTHORIZA- In the case of the authorization contained fied in the funding table in section 4601. TION OF APPROPRIATIONS FOR’’. in the table in section 2604 of the Military SEC. 2702. AUTHORIZATION OF APPROPRIATIONS SEC. 2704. CRITERIA FOR DECISIONS INVOLVING Construction Authorization Act for Fiscal FOR BASE REALIGNMENT AND CLO- CERTAIN BASE CLOSURE AND RE- Year 2011 (division B of Public Law 111–383; SURE ACTIVITIES FUNDED ALIGNMENT ACTIVITIES. 124 Stat. 4453) for Nashville International THROUGH DEPARTMENT OF DE- (a) CRITERIA.—Not later than March 31, Airport, Tennessee, for renovation of an In- FENSE BASE CLOSURE ACCOUNT 2013, the Comptroller General of the United telligence Squadron Facility, the Secretary 2005. States shall submit to the congressional de- of the Air Force may convert up to 4,023 Funds are hereby authorized to be appro- fense committees a report including objec- square meters of existing facilities to bed priated for fiscal years beginning after Sep- tive criteria to be used by the Department of down Intelligence Group and Remotely Pi- tember 30, 2012, for base realignment and clo- Defense to make decisions relating to re- loted Aircraft Remote Split Operations sure activities, including real property ac- alignments of units employed at military in- Group missions, consistent with the Air Na- quisition and military construction projects, stallations that are not covered by the re- tional Guard’s construction guidelines for as authorized by the Defense Base Closure quirements of section 2687 of title 10, United these missions. and Realignment Act of 1990 (part A of title States Code, and closures of military instal- TITLE XXVII—BASE REALIGNMENT AND XXIX of Public Law 101–510; 10 U.S.C. 2687 lations that are not covered by such require- CLOSURE ACTIVITIES note) and funded through the Department of ments. Defense Base Closure Account 2005 estab- (b) ONE-YEAR MORATORIUM ON CERTAIN AC- SEC. 2701. AUTHORIZATION OF APPROPRIATIONS lished by section 2906A of such Act, as speci- TIONS RESULTING IN PERSONNEL REDUC- FOR BASE REALIGNMENT AND CLO- SURE ACTIVITIES FUNDED fied in the funding table in section 4601. TIONS.— THROUGH DEPARTMENT OF DE- SEC. 2703. TECHNICAL AMENDMENTS TO SEC- (1) IN GENERAL.—Except as provided in FENSE BASE CLOSURE ACCOUNT TION 2702 OF FISCAL YEAR 2012 ACT. paragraph (2), no action may be taken before 1990. (a) CORRECTION.—Section 2702 of the Mili- October 1, 2013, that would result in a mili- Funds are hereby authorized to be appro- tary Construction Authorization Act for Fis- tary installation covered under paragraph (1) priated for fiscal years beginning after Sep- cal Year 2012 (division B of Public Law 112– of section 2687(a) of title 10, United States tember 30, 2012, for base realignment and clo- 81; 125 Stat. 1681) is amended by striking Code, to no longer be covered by such para- sure activities, including real property ac- ‘‘Using amounts’’ and all that follows graph. quisition and military construction projects, through ‘‘may carry out’’ and inserting (2) NATIONAL SECURITY WAIVER.—The Sec- as authorized by the Defense Base Closure ‘‘Funds are hereby authorized to be appro- retary of Defense may waive the prohibition and Realignment Act of 1990 (part A of title priated for fiscal years beginning after Sep- under paragraph (1) if the Secretary certifies XXIX of Public Law 101–510; 10 U.S.C. 2687 tember 30, 2011, for’’. to the congressional defense committees

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that is in the national security interests of (A) Science and Technology, Acquisition. (2) UPDATES.—Not later than one year after the United States. (B) Developmental Test and Evaluation. submitting the report required under para- SEC. 2705. MODIFICATION OF NOTICE REQUIRE- (3) An assessment of synergistic effi- graph (1), and annually thereafter for 3 MENTS IN ADVANCE OF PERMANENT ciencies associated with capabilities of collo- years, the Comptroller General shall submit REDUCTION OF SIZABLE NUMBERS cated organizations of other commands, in- to the congressional defense committees a OF MEMBERS OF THE ARMED cluding an assessment of the impact of the report covering projects begun since the FORCES AT MILITARY INSTALLA- TIONS. Air Force Materiel Command’s reorganiza- most recent report. (b) CONTENT.—Each report required under (a) CALCULATION OF NUMBER OF AFFECTED tion on other commands’ responsibilities MEMBERS.—Subsection (a) of section 993 of for— subsection (a) shall include the following ele- title 10, United States Code, is amended by (A) Operational Test and Evaluation; and ments: adding at the end the following new sen- (B) Follow-on Operational Test and Eval- (1) A listing of each facility constructed or tence: ‘‘In calculating the number of mem- uation. renovated for the Department of Defense as bers to be reduced, the Secretary shall take (4) An assessment of how the Air Force repayment in kind. into consideration both direct reductions organization of Air Force Materiel Command (2) The value in United States dollars of and indirect reductions.’’. is in adherence with section 2687 of title 10, that construction or renovation. (b) NOTICE REQUIREMENTS.—Subsection (b) United States Code. (3) The source of the in-kind payment. of such section is amended by striking para- (5) An analysis of the extent to which the (4) The agreement pursuant to which the graphs (1) through (3) and inserting the fol- proposed changes in the Air Force manage- in-kind payment was made. lowing new paragraphs: ment structure were coordinated with the (5) A description of the purpose and need ‘‘(1) the Secretary of Defense or the Sec- Office of the Secretary of Defense and the Di- for the construction or renovation. retary of the military department con- rector, Test Resource Management Center SEC. 2803. EXTENSION OF TEMPORARY, LIMITED cerned— and the degree to which their concerns, if AUTHORITY TO USE OPERATION ‘‘(A) submits to Congress a notice of the any, were addressed in the approach selected AND MAINTENANCE FUNDS FOR proposed reduction and the number of mili- by the Air Force. CONSTRUCTION PROJECTS IN CER- tary and civilian personnel assignments af- TAIN AREAS OUTSIDE THE UNITED TITLE XXVIII—MILITARY CONSTRUCTION STATES. fected, including reductions in base oper- GENERAL PROVISIONS Section 2808 of the Military Construction ations support services and personnel to Subtitle A—Military Construction Program Authorization Act for Fiscal Year 2004 (divi- occur because of the proposed reduction; and and Military Family Housing Changes sion B of Public Law 108–136; 117 Stat. 1723), ‘‘(B) includes in the notice a justification as most recently amended by section 2804 of for the reduction and an evaluation of the SEC. 2801. AUTHORIZED COST AND SCOPE VARI- ATIONS. the Military Construction Authorization Act costs and benefits of the reduction and of the Section 2853 of title 10, United States Code, for Fiscal Year 2012 (division B of Public Law local economic, strategic, and operational is amended— 112–81; 125 Stat. 1685), is further amended— consequences of the reduction; and (1) in subsection (a), by striking ‘‘was ap- (1) in subsection (c)— ‘‘(2) a period of 90 days expires following proved originally’’ and inserting ‘‘was au- (A) by striking paragraph (2); the day on which the notice is submitted to thorized’’; (B) by redesignating paragraph (3) as para- Congress.’’. (2) in subsection (b)— (c) DEFINITIONS.—Such section is further graph (2); and amended by adding at the end the following (A) in paragraph (1), by adding at the end (C) in paragraph (2), as so redesignated, by new subsection: the following: ‘‘Any reduction in scope of striking the second sentence; and ‘‘(d) DEFINITIONS.—In this section: work for a military construction project (2) in subsection (h)— ‘‘(1) The term ‘direct reduction’ means a shall not result in a facility or item of infra- (A) in paragraph (1), by striking ‘‘Sep- reduction involving one or more members of structure that is not complete and useable or tember 30, 2012’’ and inserting ‘‘September a unit. does not fully meet the mission requirement 30, 2013’’; and ‘‘(2) The term ‘indirect reduction’ means contained in the justification data provided (B) in paragraph (2), by striking ‘‘fiscal subsequent planned reductions or relocations to Congress as part of the request for author- year 2013’’ and inserting ‘‘fiscal year 2014’’. in base operations support services and per- ization of the project, construction, improve- Subtitle B—Real Property and Facilities sonnel able to occur due to the direct reduc- ment, or acquisition.’’; and Administration tions. (B) by adding at the end the following new paragraph: SEC. 2811. AUTHORITY TO ACCEPT AS CONSIDER- ‘‘(3) The term ‘military installation’ means ATION FOR LEASES OF NON-EXCESS a base, camp, post, station, yard, center, ‘‘(3) In this subsection, the term ‘scope of PROPERTY OF MILITARY DEPART- homeport facility for any ship, or other ac- work’ refers to the function, size, or quan- MENTS AND DEFENSE AGENCIES tivity under the jurisdiction of the Depart- tity of the primary facility, any associated REAL PROPERTY INTERESTS AND ment of Defense, including any leased facil- facility, or item of complete and useable in- NATURAL RESOURCE MANAGEMENT SERVICES RELATED TO AGREE- ity, which is located within any of the sev- frastructure contained in the justification data provided to Congress as part of the re- MENTS TO LIMIT ENCROACHMENT. eral States, the District of Columbia, the Section 2667 of title 10, United States Code, Commonwealth of Puerto Rico, American quest for authorization of the project, construction, improvement, or acquisition.’’; is amended— Samoa, the Virgin Islands, the Common- (1) in subsection (c)— wealth of the Northern Mariana Islands, or (3) in subsection (c)(1)(A), by striking ‘‘and the reasons therefor, including a descrip- (A) in paragraph (1), by adding at the end Guam. Such term does not include any facil- the following new subparagraph: ity used primarily for civil works, rivers and tion’’ and inserting ‘‘, the reasons therefor, a certification that the mission requirement ‘‘(G) Provision of interests in real property harbors projects, or flood control projects. for the purposes specified in section 2684a of ‘‘(4) The term ‘unit’ means a unit of the identified in the justification data provided to Congress can be still be met with the re- this title and provision of natural resource armed forces at the battalion, squadron, or management services on such real prop- an equivalent level (or a higher level).’’. duced scope, and a description’’; and (4) by adding at the end the following new erty.’’; and SEC. 2706. REPORT ON REORGANIZATION OF AIR (B) in paragraph (2), by striking ‘‘accepted FORCE MATERIEL COMMAND ORGA- subsection: NIZATIONS. ‘‘(e) Notwithstanding the authority under at any property or facilities’’ and inserting ‘‘accepted at or for the benefit of any prop- (a) IN GENERAL.—Not later than 180 days subsections (a) through (d), the Secretary after the date of the enactment of this Act, concerned shall ensure compliance of con- erty or facilities’’; and the Secretary of Defense shall submit to the tracts for military construction projects and (2) in subsection (e)(1)(C), by adding at the congressional defense committees a report for the construction, improvement, and ac- end the following new clause: on the reorganization of Air Force Materiel quisition of military family housing projects ‘‘(vi) Provision of funds pursuant to an Command organizations. with section 1341 of title 31, United States agreement under section 2684a of this title.’’. (b) CONTENT.—The report required under Code (commonly referred to as the ‘Anti-De- SEC. 2812. CLARIFICATION OF PARTIES WITH subsection (a) shall include the following ele- ficiency Act’).’’. WHOM DEPARTMENT OF DEFENSE ments: SEC. 2802. COMPTROLLER GENERAL REPORT ON MAY CONDUCT EXCHANGES OF REAL (1) An assessment of the efficiencies and ef- IN-KIND PAYMENTS. PROPERTY AT MILITARY INSTALLA- TIONS. fectiveness associated with the reorganiza- (a) REPORTS REQUIRED.— Section 2869(a)(1) of title 10, United States tion of Air Force Materiel Command organi- (1) INITIAL REPORT.—Not later than 180 zations. days after the date of the enactment of this Code is amended— (2) An assessment of the organizational Act, the Comptroller General of the United (1) by striking ‘‘eligible’’; and construct to determine how institutional States shall submit to the congressional de- (2) by striking ‘‘entity’’ both places it ap- synergies that were previously available in a fense committees a report on the construc- pears and inserting ‘‘person’’. collocated center can be replicated in the tion or renovation of Department of Defense Subtitle C—Energy Security new Air Force Materiel Command Center re- facilities with in-kind payments. The report SEC. 2821. GUIDANCE ON FINANCING FOR RE- organization, including an assessment of the shall cover construction or renovation NEWABLE ENERGY PROJECTS. following Air Force Materiel Command capa- projects begun during the preceding two (a) GUIDANCE ON USE OF AVAILABLE FINANC- bilities: years. ING APPROACHES.—Not later than 180 days

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after the date of the enactment of this Act, burse the Secretary for costs incurred by the (b) ACQUISITION OF PROPERTIES.—The Sec- the Secretary of Defense, in consultation Secretary, to carry out the conveyance retary of the Interior (referred to in this sec- with the Under Secretary of Defense for Ac- under subsection (a), including survey costs, tion as the ‘‘Secretary’’) is authorized to acquisition, Technology, and Logistics and the costs related to environmental documenta- quire the lands or interests in land, described Deputy Under Secretary of Defense for In- tion, and other administrative costs related in subsection (a), from willing sellers only by stallations and Environment, shall issue to the conveyance. If amounts paid to the donation, purchase with donated or appro- guidance about the use of available financing Secretary in advance exceed the costs actu- priated funds, exchange, or transfer. approaches for financing renewable energy ally incurred by the Secretary to carry out (c) ADMINISTRATION.—The Secretary shall projects and direct the Secretaries of the the conveyance, the Secretary shall refund administer any land or interests in land ac- military departments to update their guid- the excess amount to the Department. quired under subsection (b) as part of the Pe- ance accordingly. The guidance should de- (2) TREATMENT OF AMOUNTS RECEIVED.— tersburg National Battlefield in accordance scribe the requirements and restrictions ap- Amounts received as reimbursement under with applicable laws and regulations. plicable to the underlying authorities and paragraph (1) shall be credited to the fund or (d) ADMINISTRATIVE JURISDICTION TRANS- any Department of Defense-specific guide- account that was used to cover the costs in- FER.— lines for using appropriated funds and alter- curred by the Department. Amounts so cred- (1) IN GENERAL.—There is transferred— native-financing approaches for renewable ited shall be merged with amounts in such (A) from the Secretary to the Secretary of energy projects. fund or account, and shall be available for the Army administrative jurisdiction over (b) GUIDANCE ON USE OF BUSINESS CASE the same purposes, and subject to the same the approximately 1.170-acre parcel of land ANALYSES.—Not later than 180 days after the conditions and limitations, as amounts in depicted as ‘‘Area to be transferred to Fort date of the enactment of this Act, the Sec- such fund or account. Lee Military Reservation’’ on the map de- retary of Defense, in consultation with the (c) DESCRIPTION OF PROPERTY.—The exact scribed in paragraph (2)(A); and Under Secretary of Defense for Acquisition, acreage and legal description of the real (B) from the Secretary of the Army to the Technology, and Logistics, the Deputy Under property to be conveyed under subsection (a) Secretary administrative jurisdiction over Secretary of Defense for Installations and shall be determined by a survey satisfactory the approximately 1.171-acre parcel of land Environment, and the Secretaries of the to the Secretary. depicted as ‘‘Area to be transferred to Pe- military departments, shall issue guidance (d) ADDITIONAL TERMS AND CONDITIONS.— tersburg National Battlefield’’ on the map that establishes and clearly describes the The Secretary may require such additional described in paragraph (2)(A). processes used by the military departments terms and conditions in connection with the (2) MAP.— to select financing approaches for renewable conveyance under subsection (a) as the Sec- (A) IN GENERAL.—The land to be trans- energy projects to ensure that business case retary considers appropriate to protect the ferred under paragraph (1) is depicted on the analyses are completed to maximize benefits interests of the United States. map entitled ‘‘Petersburg National Battle- and mitigate drawbacks and risks associated SEC. 2832. USE OF PROCEEDS, LAND CONVEY- field Proposed Transfer of Administrative with different financing approaches. ANCE, TYNDALL AIR FORCE BASE, Jurisdiction’’, numbered 325/081A, and dated FLORIDA. (c) INFORMATION SHARING.—Not later than May 2011. 180 days after the date of the enactment of Section 2862(c) of the National Defense Au- thorization Act for Fiscal Year 2000 (Public (B) AVAILABILITY.—The map described in this Act, the Secretary of Defense, in con- Law 106–65; 113 Stat. 868) is amended— subparagraph (A) shall be available for pub- sultation with the Under Secretary of De- (1) by striking ‘‘and to improve’’ and in- lic inspection in the appropriate offices of fense for Acquisition, Technology, and Logis- serting ‘‘, to improve’’; and the National Park Service. tics and the Deputy Under Secretary of De- (2) by inserting before the period at the end (3) CONDITIONS OF TRANSFER.—The transfer fense for Installations and Environment, the following: ‘‘, or for other purposes, sub- of administrative jurisdiction authorized in shall develop a formalized communications ject to the limitations described in section paragraph (1) shall be subject to the fol- process, such as a shared Internet website, 2667(e) of title 10, United States Code’’. lowing conditions: that will enable officials at military instal- (A) NO REIMBURSEMENT OR CONSIDER- Subtitle E—Other Matters lations to have timely access on an ongoing ATION.—The transfer shall occur without re- basis to information related to financing re- SEC. 2841. CLARIFICATION OF AUTHORITY OF imbursement or consideration. SECRETARY TO ASSIST WITH DEVEL- newable energy projects on other installa- (B) MANAGEMENT.—The land conveyed to tions, including best practices and lessons OPMENT OF PUBLIC INFRASTRUC- TURE IN CONNECTION WITH THE ES- the Secretary under paragraph (1) shall be that officials at other installations have TABLISHMENT OR EXPANSION OF A included within the boundary of the Peters- learned from their experiences in financing MILITARY INSTALLATION. burg National Battlefield and shall be ad- renewable energy projects. Section 2391 of title 10, United States Code, ministered as part of the park in accordance SEC. 2822. CONTINUATION OF LIMITATION ON is amended— with applicable laws and regulations. USE OF FUNDS FOR LEADERSHIP IN (1) by redesignating subsections (d) and (e) SEC. 2843. CONGRESSIONAL NOTIFICATION WITH ENERGY AND ENVIRONMENTAL DE- as subsections (e) and (f), respectively; RESPECT TO OVERSIGHT AND MAIN- SIGN (LEED) GOLD OR PLATINUM (2) by inserting after subsection (c) the fol- TENANCE OF BASE CEMETERIES CERTIFICATION. FOLLOWING CLOSURE OF OVERSEAS Section 2830(b)(1) of the Military Construc- lowing new subsection: ‘‘(d) AUTHORIZATION REQUIREMENT.—If the MILITARY INSTALLATIONS. tion Authorization Act for Fiscal Year 2012 Secretary of Defense determines that any (a) NOTIFICATION REQUIREMENT.—Not later (division B of Public Law 112–81; 125 Stat. grant, cooperative agreement, or supplement than 30 days after closure of a United States 1695) is amended— of funds available under Federal programs military installation overseas, the Secretary (1) by striking ‘‘authorized to be appro- administered by agencies other than the De- of Defense shall submit to the appropriate priated by this Act’’ and inserting ‘‘author- partment of Defense provided under this sec- congressional committees a report that de- ized to be appropriated’’; and tion will result in the development (includ- tails a plan to ensure the oversight and con- (2) by inserting before the period at the end ing repair, replacement, renovation, conver- tinued maintenance of the cemetery located the following: ‘‘until the date that is six sion, improvement, expansion, or construc- on the military installation. The plan shall months after the date of the submittal to the tion) of public infrastructure, such grant, co- clearly detail which Federal agency or pri- congressional defense committees of the re- operative agreement, or supplemental fund- vate entity will assume responsibility for the port required by subsection (a)’’. ing shall be specifically authorized by law.’’; operation and maintenance of the cemetery Subtitle D—Land Conveyances and following the closure of the installation and SEC. 2831. LAND CONVEYANCE, LOCAL TRAINING (3) in subsection (e), as redesignated by what information with regard to the ceme- AREA FOR BROWNING ARMY RE- paragraph (1), by adding at the end the fol- tery has been provided to the responsible SERVE CENTER, UTAH. lowing new paragraph: agency or private entity. (a) CONVEYANCE AUTHORIZED.—The Sec- ‘‘(4) The term ‘public infrastructure’ means (b) APPROPRIATE CONGRESSIONAL COMMIT- retary of the Army may convey, without any utility, road, method of transportation, TEES DEFINED.—In this section, the term consideration, to the Department of Vet- or facility under the control of a State or ‘‘appropriate congressional committees’’ erans Affairs (in this section referred to as local government or a private entity that is means the Committees on Armed Services of the ‘‘Department’’) all right, title, and inter- used by, or constructed for the benefit of, the the Senate and the House of Representatives. est of the United States in and to a parcel of general public.’’. SEC. 2844. ADDITIONAL EXEMPTIONS FROM CER- unimproved real property consisting of ap- SEC. 2842. PETERSBURG NATIONAL BATTLEFIELD TAIN REQUIREMENTS APPLICABLE proximately 5 acres of the Local Training BOUNDARY MODIFICATION. TO FUNDING FOR DATA SERVERS Area for the Browning Army Reserve Center, (a) IN GENERAL.—The boundary of Peters- AND CENTERS. Utah, for the purpose of constructing and op- burg National Battlefield is modified to in- Section 2867(c) of the Military Construc- erating a Community Based Outpatient Clin- clude the properties as generally depicted on tion Authorization Act for Fiscal Year 2012 ic adjacent to the George E. Wahlen Vet- the map titled ‘‘Petersburg National Battle- (division B of Public Law 112–81; 125 Stat. erans Home in Ogden, Utah. field Boundary Expansion’’, numbered 325/ 1706; 10 U.S.C. 2223a note) is amended— (b) PAYMENT OF COSTS OF CONVEYANCE.— 80,080, and dated June 2007. The map shall be (1) by striking ‘‘EXCEPTION.—The Chief’’ (1) PAYMENT REQUIRED.—The Secretary on file and available for inspection in the ap- and inserting the following: ‘‘EXCEPTIONS.— may require the Department to cover costs propriate offices of the National Park Serv- ‘‘(1) EXEMPTION AUTHORITY.—The Chief’’; to be incurred by the Secretary, or to reim- ice. and

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(2) by inserting at the end the following ‘‘(c) PROJECT BASIS.—The construction au- ter for a major defense acquisition program new paragraph: thorized by subsection (a) shall use as it under section 2432 of title 10, United States ‘‘(2) The Chief Information Officer of the basis the facility project in the Department Code, expressed in terms of the nuclear Department may exempt from the applica- of Energy Readiness and Technical Base des- weapon system. bility of this section research, development, ignated 04–D–125 (chemistry and metallurgy ‘‘(b) INDEPENDENT COST ESTIMATES.—(1) test, and evaluation programs that use au- facility replacement project at Los Alamos The Secretary of Energy shall, acting thorization or appropriations for the High National Laboratory). through the Administrator of the National Performance Computing Modernization Pro- ‘‘(d) DEADLINE FOR COMMENCEMENT OF OP- Nuclear Security Administration, submit to gram (Program Element 0603461A), if the ERATIONS.—The building constructed under the congressional defense committees a cost Chief Information Officer determines that subsection (a) shall commence operations estimate on each nuclear weapon system un- the exemption is in the best interest of na- not later than December 31, 2024.’’. dergoing life extension at the times in pro- tional security.’’. (2) CLERICAL AND TECHNICAL AMENDMENT.— duction as follows: DIVISION C—DEPARTMENT OF ENERGY The table of contents in section 4001(b) of ‘‘(A) At the completion of phase 6.2A, re- NATIONAL SECURITY AUTHORIZATIONS such Act is amended by inserting after the lating to design definition and cost study. AND OTHER AUTHORIZATIONS item relating to 4213 the following new ‘‘(B) Before initiation of phase 6.5, relating TITLE XXXI—DEPARTMENT OF ENERGY items: to first production. NATIONAL SECURITY PROGRAMS ‘‘Sec. 4214. Plan for transformation of Na- ‘‘(2) A cost estimate for purposes of this subsection may not be prepared by the De- Subtitle A—National Security Programs tional Nuclear Security Admin- partment of Energy or the National Nuclear Authorizations istration nuclear weapons complex. Security Administration.’’. SEC. 3101. NATIONAL NUCLEAR SECURITY AD- ‘‘Sec. 4215. Replacement project for Chem- (b) CLERICAL AMENDMENT.—The table of MINISTRATION. istry and Metallurgy Research contents in section 4001(b) of such Act, as so (a) AUTHORIZATION OF APPROPRIATIONS.— amended, is further amended by inserting Funds are hereby authorized to be appro- Building, Los Alamos National after the item relating to 4215 the following priated to the Department of Energy for fis- Laboratory, New Mexico.’’. cal year 2013 for the activities of the Na- (b) FUNDING.— new item: tional Nuclear Security Administration in (1) FISCAL YEAR 2013 FUNDS.— ‘‘Sec. 4216. Selected Acquisition Reports and carrying out programs as specified in the (A) IN GENERAL.—Except as provided in independent cost estimates on funding table in section 4601. subparagraph (B), of the amounts authorized nuclear weapon systems under- (b) AUTHORIZATION OF NEW PLANT to be appropriated by this division for fiscal going life extension.’’. year 2013 for the National Nuclear Security PROJECTS.—From funds referred to in sub- SEC. 3113. TWO-YEAR EXTENSION OF SCHEDULE section (a) that are available for carrying Administration, $150,000,000 shall be avail- FOR DISPOSITION OF WEAPONS-USA- out plant projects, the Secretary of Energy able for the construction of the building au- BLE PLUTONIUM AT SAVANNAH may carry out the following new plant thorized by section 4215 of the Atomic En- RIVER SITE, AIKEN, SOUTH CARO- projects for the National Nuclear Security ergy Defense Act (as added by subsection LINA. Administration: (a)). Section 4306 of the Atomic Energy Defense Project 13–D–301, Electrical Infrastructure (B) EXCEPTION.—The following amounts au- Act (50 U.S.C. 2566) is amended— Upgrades, Lawrence Livermore National thorized to be appropriated by this division (1) in subsection (a)(3)— Laboratory/Los Alamos National Labora- for fiscal year 2013 for the National Nuclear (A) in subparagraph (C), by striking ‘‘2012’’ tory, $23,000,000. Security Administration shall not be avail- and inserting ‘‘2014’’; and Project 13–D–903, Kesselring Site Prototype able for the construction of the building: (B) in subparagraph (D), by striking ‘‘2017’’ Staff Building, Kesselring Site, West Milton, (i) Amounts available for Directed Stock- and inserting ‘‘2019’’; New York, $14,000,000. pile Work. (2) in subsection (b)— Project 13–D–904, Kesselring Site Radio- (ii) Amounts available for Naval Reactors. (A) in paragraph (1), by striking ‘‘by Janu- logical Work and Storage Building, Kessel- (iii) Amounts available for the facility ary 1, 2012’’; and ring Site, West Milton, New York, $2,000,000. project in the Department of Energy Readi- (B) in paragraph (5), by striking ‘‘2012’’ and Project 13–D–905, Remote-Handled Low- ness and Technical Base designated 06–D–141. inserting ‘‘2014’’; Level Waste Disposal Project, Idaho Na- (2) PRIOR FISCAL YEAR FUNDS.—Amounts (3) in subsection (c)— tional Laboratory, Idaho, $8,900,000. authorized to be appropriated for the Depart- (A) in the matter preceding paragraph (1), SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. ment of Energy for a fiscal year before fiscal by striking ‘‘2012’’ and inserting ‘‘2014’’; Funds are hereby authorized to be appro- year 2013 and available for the facility (B) in paragraph (1), by striking ‘‘2014’’ and priated to the Department of Energy for fis- project in the Department of Energy Readi- inserting ‘‘2016’’; and cal year 2013 for defense environmental ness and Technical Base designated 04–D–125 (C) in paragraph (2), by striking ‘‘2020’’ cleanup activities in carrying out programs (chemistry and metallurgy facility replace- each place it appears and inserting ‘‘2022’’; as specified in the funding table in section ment project at Los Alamos National Lab- (4) in subsection (d)— 4601. oratory, New Mexico) shall be available for (A) in paragraph (1)— SEC. 3103. OTHER DEFENSE ACTIVITIES. the construction of the building authorized (i) by striking ‘‘2014’’ and inserting ‘‘2016’’; Funds are hereby authorized to be appro- by section 4215 of the Atomic Energy Defense and priated to the Department of Energy for fis- Act (as so added). (ii) by striking ‘‘2019’’ and inserting ‘‘2021’’; cal year 2013 for other defense activities in SEC. 3112. SUBMITTAL TO CONGRESS OF SE- and carrying out programs as specified in the LECTED ACQUISITION REPORTS AND (B) in paragraph (2)(A), by striking ‘‘2020’’ funding table in section 4601. INDEPENDENT COST ESTIMATES ON each place it appears and inserting ‘‘2022’’; Subtitle B—Program Authorizations, NUCLEAR WEAPON SYSTEMS UNDER- and GOING LIFE EXTENSION. Restrictions, and Limitations (5) in subsection (e), by striking ‘‘2023’’ and (a) SUBMITTAL REQUIRED.—Subtitle A of inserting ‘‘2025’’. SEC. 3111. REPLACEMENT PROJECT FOR CHEM- title XLII of the Atomic Energy Defense Act SEC. 3114. PROGRAM ON SCIENTIFIC ENGAGE- ISTRY AND METALLURGY RESEARCH (50 U.S.C. 2521 et seq.), as amended by section BUILDING, LOS ALAMOS NATIONAL MENT FOR NONPROLIFERATION. 3111 of this Act, is further amended by add- LABORATORY, NEW MEXICO. (a) PROGRAM REQUIRED.— ing at the end the following new section: (a) PROJECT REQUIRED.— (1) IN GENERAL.—Title XLIII of the Atomic (1) IN GENERAL.—Subtitle A of title XLII of ‘‘SEC. 4216. SELECTED ACQUISITION REPORTS Energy Defense Act (50 U.S.C. 2562 et seq.) is AND INDEPENDENT COST ESTI- the Atomic Energy Defense Act (50 U.S.C. amended by adding at the end the following 2521 et seq.) is amended by adding at the end MATES ON NUCLEAR WEAPON SYS- TEMS UNDERGOING LIFE EXTEN- new section: the following new section: SION. ‘‘SEC. 4309. PROGRAM ON SCIENTIFIC ENGAGE- ‘‘SEC. 4215. REPLACEMENT PROJECT FOR CHEM- ‘‘(a) SELECTED ACQUISITION REPORTS.—(1) MENT FOR NONPROLIFERATION. ISTRY AND METALLURGY RESEARCH The Secretary of Energy shall, acting ‘‘(a) PROGRAM REQUIRED.—(1) The Sec- BUILDING, LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. through the Administrator of the National retary of Energy shall, acting through the ‘‘(a) REPLACEMENT BUILDING REQUIRED.— Nuclear Security Administration, submit to Administrator of the National Nuclear Secu- The Secretary of Energy shall construct at the congressional defense committees at the rity Administration, carry out a program on Los Alamos National Laboratory, New Mex- end of each fiscal-year quarter a report on scientific engagement in countries selected ico a building to replace the functions of the each nuclear weapon system undergoing life by the Secretary for purposes of the program existing Chemistry and Metallurgy Research extension. The reports shall be known as Se- in order to advance global nonproliferation building at Los Alamos National Laboratory lected Acquisition Reports for the weapon and nuclear security efforts. associated with Department of Energy Haz- system concerned. ‘‘(2) The program required by this section ard Category 2 special nuclear material oper- ‘‘(2) The information contained in the Se- shall be a distinct program from the Global ations. lected Acquisition Report for a fiscal-year Initiatives for Proliferation Prevention pro- ‘‘(b) LIMITATION ON COST.—The cost of the quarter for a nuclear weapon system shall be gram. building constructed under subsection (a) the information contained in the Selected ‘‘(b) ELEMENTS.—The program shall include may not exceed $3,700,000,000. Acquisition Report for such fiscal-year quar- the elements as follows:

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‘‘(1) Training and capacity-building to ‘‘appropriate congressional committees’’ (1) IN GENERAL.—Subtitle A of title XLVIII strengthen nonproliferation and security means— of the Atomic Energy Defense Act (50 U.S.C. best practices. (1) the Committee on Appropriations, the 2781 et seq.) is amended by adding at the end ‘‘(2) Engagement of United States sci- Committee on Armed Services, the Com- the following new section: entists with foreign counterparts to advance mittee on Foreign Relations, and the Select ‘‘SEC. 4805. PUBLICATION OF CONTRACTOR PER- nonproliferation goals. Committee on Intelligence of the Senate; FORMANCE EVALUATIONS BY THE ‘‘(c) REPORT ON COMMENCEMENT OF PRO- and NATIONAL NUCLEAR SECURITY AD- GRAM.—Funds may not be expended under (2) the Committee on Appropriations, the MINISTRATION LEADING TO AWARD the program required by this section until Committee on Armed Services, the Com- FEES. the Administrator submits to the appro- mittee on Foreign Affairs, and the Perma- ‘‘(a) IN GENERAL.—The Administrator of priate congressional committees a report nent Select Committee on Intelligence of the the National Nuclear Security Administra- setting forth the following: House of Representatives. tion shall take appropriate actions to make available, to the maximum extent prac- ‘‘(1) For each country selected for the pro- SEC. 3115. REPEAL OF REQUIREMENT FOR AN- gram as of the date of such report— NUAL UPDATE OF DEPARTMENT OF ticable, to the public each contractor per- ‘‘(A) a proliferation threat assessment pre- ENERGY DEFENSE NUCLEAR FACILI- formance evaluation conducted by the Ad- pared by the Director of National Intel- TIES WORKFORCE RESTRUCTURING ministration of a national laboratory, pro- ligence; and PLAN. duction plant, or single user facility under ‘‘(B) metrics for evaluating the success of Section 4604 of the Atomic Energy Defense the management responsibility of the Ad- the program. Act (50 U.S.C. 2704) is amended— ministration that results in the award of an ‘‘(2) Accounting standards for the conduct (1) in subsection (b)(1), by striking ‘‘and award fee to the contractor concerned. of the program approved by the Comptroller any updates of the plan under subsection ‘‘(b) FORMAT.—Performance evaluations General of the United States. (e)’’; shall be made public under this section in a ‘‘(d) REPORTS ON MODIFICATION OF PRO- (2) by striking subsection (e); common format that facilitates comparisons GRAM.—Before making any modification in (3) by redesignating subsections (f) and (g) of performance evaluations between and the program (whether selecting a new coun- as subsections (e) and (f), respectively; and among similar management contracts.’’. try for the program, ceasing the selection of (4) in subsection (e), as redesignated by (2) CLERICAL AMENDMENT.—The table of a country for the program, or modifying an paragraph (3)— contents in section 4001(b) of that Act is element of the program), the Administrator (A) by striking ‘‘(1)’’ before ‘‘The Sec- amended by inserting after the item relating shall submit to the appropriate congres- retary’’; and to section 4804 the following new item: sional committees a report on the modifica- (B) by striking paragraph (2). ‘‘Sec. 4805. Publication of contractor per- tion. If the modification consists of the se- SEC. 3116. QUARTERLY REPORTS TO CONGRESS formance evaluations by the lection for the program of a country not pre- ON FINANCIAL BALANCES FOR National Nuclear Security Ad- viously selected for the program, the report ATOMIC ENERGY DEFENSE ACTIVI- ministration leading to award TIES. shall include the matters specified in sub- fees.’’. (a) REPORTS REQUIRED.—Subtitle C of title section (c)(1) for the country. (b) EFFECTIVE DATE.—The amendments ‘‘(e) APPROPRIATE CONGRESSIONAL COMMIT- XLVII of the Atomic Energy Defense Act (50 made by subsection (a) shall take effect on TEES DEFINED.—In this section, the term ‘ap- U.S.C. 2771 et seq.) is amended by adding at the date of the enactment of this Act, and propriate congressional committees’ the end the following new section: shall apply with respect to contractor per- means— ‘‘SEC. 4732. QUARTERLY REPORTS ON FINANCIAL formance evaluations conducted by the Na- ‘‘(1) the Committee on Appropriations, the BALANCES FOR ATOMIC ENERGY DE- tional Nuclear Security Administration on Committee on Armed Services, the Com- FENSE ACTIVITIES. or after that date. mittee on Foreign Relations, and the Select ‘‘(a) REPORTS REQUIRED.—Not later than 15 Committee on Intelligence of the Senate; days after the end of each fiscal year quar- SEC. 3118. EXPANSION OF AUTHORITY TO ESTAB- ter, the Secretary of Energy shall submit to LISH CERTAIN SCIENTIFIC, ENGI- and NEERING, AND TECHNICAL POSI- ‘‘(2) the Committee on Appropriations, the the congressional defense committees a re- TIONS. port on the financial balances for each atom- Committee on Armed Services, the Com- (a) NUMBER OF POSITIONS.—Section 3241 of mittee on Foreign Affairs, and the Perma- ic energy defense program at the budget con- the National Nuclear Security Administra- nent Select Committee on Intelligence of the trol levels used in the report accompanying tion Act (50 U.S.C. 2441) is amended by strik- House of Representatives.’’. the most current Act appropriating funds for ing ‘‘300’’ and inserting ‘‘700’’. energy and water development. (2) CLERICAL AMENDMENT.—The table of (b) EXTENSION TO CONTRACTING POSITIONS.— contents in section 4001(b) of such Act (divi- ‘‘(b) ELEMENTS.—Each report under sub- Such section is further amended by inserting sion D of Public Law 107–314) is amended by section (a) shall set forth, for each program ‘‘contracting,’’ before ‘‘scientific’’. covered by such report, the following as of inserting after the item relating to section (c) CONFORMING AMENDMENT.—The heading 4308 the following new item: the end of the fiscal year quarter covered by of such section is amended to read as follows: ‘‘Sec. 4309. Program on scientific engage- such report: ‘‘(1) The total amount authorized to be ap- ‘‘SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN ment for nonproliferation.’’. CONTRACTING, SCIENTIFIC, ENGI- (b) REPORT ON COORDINATION WITH OTHER propriated, including amounts authorized to NEERING, AND TECHNICAL POSI- UNITED STATES NONPROLIFERATION PRO- be appropriated in the current fiscal year TIONS.’’. GRAMS.—Not later than 180 days after the and amounts authorized to be appropriated (d) CLERICAL AMENDMENT.—The table of date of the enactment of this Act, the Ad- for prior fiscal years. contents for the National Nuclear Security ministrator of the National Nuclear Security ‘‘(2) The amount unobligated. Administration Act is amended by striking Administration shall submit to the appro- ‘‘(3) The amount unobligated but com- the item relating to section 3241 and insert- priate congressional committees a report de- mitted. ing the following new item: ‘‘(4) The amount obligated, but uncosted. scribing the manner in which the program on ‘‘Sec. 3241. Authority to establish certain ‘‘(c) PRESENTATION.—Each report under scientific engagement for nonproliferation contracting, scientific, engi- subsection (a) shall present information as under section 4309 of the Atomic Energy De- neering, and technical posi- follows: fense Act (as added by subsection (a)) coordi- tions.’’. nates with and complements, but does not ‘‘(1) For each program, in summary form duplicate, other nonproliferation programs and by fiscal year. SEC. 3119. MODIFICATION AND EXTENSION OF ‘‘(2) With financial balances in connection AUTHORITY ON ACCEPTANCE OF of the United States Government. CONTRIBUTIONS FOR ACCELERA- (c) COMPTROLLER GENERAL OF THE UNITED with funding under recurring DoE national TION OF REMOVAL OR SECURITY OF STATES REPORT.—Not later than two years security authorizations (as that term is de- FISSILE MATERIALS, RADIOLOGICAL after the date of the enactment of this Act, fined in section 4701(1)) presented separately MATERIALS, AND RELATED EQUIP- the Comptroller General of the United States from balances in connection with funding MENT AT VULNERABLE SITES shall submit to the appropriate congres- under any other provisions of law.’’. WORLDWIDE. sional committees a report on the program (b) CLERICAL AMENDMENT.—The table of (a) PROGRAMS FOR WHICH FUNDS MAY BE on scientific engagement for nonprolifera- contents in section 4001(b) of such Act is ACCEPTED.—Paragraph (2) of section 3132(f) of tion under section 4309 of the Atomic Energy amended by inserting after the item relating the Ronald W. Reagan National Defense Au- Defense Act (as so added). The report shall to section 4731 the following new item: thorization Act for Fiscal Year 2005 (50 include an assessment by the Comptroller ‘‘Sec. 4732. Quarterly reports on financial U.S.C. 2569(f)) is amended to read as follows: General of the success of the program, as de- balances for atomic energy de- ‘‘(2) PROGRAMS COVERED.—The programs termined in accordance with the metrics for fense activities.’’. described in this paragraph are any programs within the Office of Defense Nuclear Non- evaluating the success of the program under SEC. 3117. TRANSPARENCY IN CONTRACTOR PER- subsection (c)(1)(B) of such section 4309, and FORMANCE EVALUATIONS BY THE proliferation of the National Nuclear Secu- such other matters on the program as the NATIONAL NUCLEAR SECURITY AD- rity Administration.’’. Comptroller General considers appropriate. MINISTRATION LEADING TO AWARD (b) EXTENSION.—Paragraph (7) of such sec- (d) APPROPRIATE CONGRESSIONAL COMMIT- FEES. tion is amended by striking ‘‘December 31, TEES DEFINED.—In this section, the term (a) PUBLICATION REQUIRED.— 2013’’ and inserting ‘‘December 31, 2018’’.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00172 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7577 SEC. 3120. COST CONTAINMENT FOR Y–12 URA- nations removed under paragraph (1) if the (1) A terrorist attack using high-activity NIUM PROCESSING FACILITY, Y–12 Commission and the Director of National In- radiological materials, such as in a dirty NATIONAL SECURITY COMPLEX, OAK telligence jointly determine that— bomb, could inflict billions of dollars of eco- RIDGE, TENNESSEE. ‘‘(A) the programmatic requirements that nomic costs and considerable societal and (a) EXECUTION PHASES FOR PROJECT.— caused the information to be removed from economic dislocation, with effects and costs Project 06–D–141 for the Y–12 Uranium Proc- the Restricted Data category are no longer possibly lasting for years. essing Facility, Y–12 National Security Com- applicable or have diminished; (2) It may be easier for terrorists to obtain plex, Oak Ridge, Tennessee, shall be broken ‘‘(B) the information would be more appro- the materials for, and to fabricate, a dirty into separate execution phases as follows priately protected as Restricted Data; and bomb than an improvised nuclear device. (1) Phase I, which shall consist of processes ‘‘(C) restoring the information to the Re- (3) Radiological materials are in wide- associated with building 9212, including ura- stricted Data category is in the interest of spread use worldwide, with estimates of the nium casting and uranium chemical proc- national security. number of radiological sources ranging from essing. ‘‘(3) Information concerning atomic energy 100,000 to millions. (2) Phase II, which shall consist of proc- programs of other nations shall be restored (4) Many nations have a security and regu- esses associated with buildings 9215 and 9998, to the Restricted Data category under para- latory regime for their radiological sources including uranium metal working, machin- graph (2) in accordance with regulations pre- that is much less developed than that of the ing, and inspection. scribed by the Commission for purposes of United States. (3) Phase III, which shall consist of proc- that paragraph.’’. (5) Radiological materials are used at esses associated with building 9204–2E. in- (b) TECHNICAL AMENDMENT.—Paragraph (1) many civilian sites including hospitals, including radiography, assembly, disassembly, of subsection (e) of such section, as des- dustrial sites, and other locations that have quality evaluation, and production certifi- ignated by subsection (a)(2)(A) of this sec- little security, placing these materials at cation operations of nuclear weapon tion, is further amended by striking ‘‘Direc- risk of theft. secondaries. tor of Central Intelligence’’ and inserting (6) Many radiological materials have be- (b) BUDGETING AND AUTHORIZATION FOR ‘‘Director of National Intelligence’’. come lost, disused, unwanted, or abandoned, EACH PHASE.— SEC. 3122. RENEWABLE ENERGY. with the Global Threat Reduction Initiative (1) BUDGETING FOR EACH PHASE REQUIRED.— of the National Nuclear Security Adminis- The Secretary of Energy shall budget sepa- Section 203(b)(2) of the Energy Policy Act tration having recovered more than 30,000 ra- rately for each phase under subsection (a) of of 2005 (42 U.S.C. 15852(b)(2)) is amended by dioactive sources in the United States, repa- the project referred to in that subsection. striking ‘‘geothermal,’’ and inserting ‘‘geo- triated more than 2,400 United States-origin (2) FUNDING PURSUANT TO SEPARATE AU- thermal (including geothermal heat sources from other countries, and helped re- THORIZATIONS OF APPROPRIATIONS.—The Sec- pumps),’’. cover more than 13,000 radioactive sources retary may not proceed with a phase under Subtitle C—Reports and radioisotope thermoelectric generators subsection (a) of the project referred to in SEC. 3131. REPORT ON ACTIONS REQUIRED FOR in other countries. that subsection except with funds expressly TRANSITION OF REGULATION OF (7) High-activity radiological materials authorized to be appropriated for that phase NON-NUCLEAR ACTIVITIES OF THE can be used in a dirty bomb. by law. NATIONAL NUCLEAR SECURITY AD- (c) COMPLIANCE OF PHASES WITH DOE MINISTRATION TO OTHER FEDERAL (b) SENSE OF CONGRESS.—It is the sense of AGENCIES. ORDER ON PROGRAM AND PROJECT MANAGE- Congress that United States and global non- MENT.—Each phase under subsection (a) of Not later than February 28, 2013, the Sec- proliferation efforts should place a high pri- the project referred to in that subsection retary of Energy shall, acting through the ority on programs to secure high-activity ra- shall comply with Department of Energy Administrator of the National Nuclear Secu- diological sources to reduce the threat of ra- Order 413.3, relating to Program Manage- rity Administration, submit to Congress a diological terrorism. ment and Project Management for the Ac- report on the actions required to transition, (c) STUDY.— quisition of Capital Assets. to the maximum extent practicable, the reg- (1) IN GENERAL.—Not later than 180 days (d) LIMITATION ON COST OF PHASE I.—The ulation of the non-nuclear activities of the after the date of the enactment of this Act, total cost of Phase I under subsection (a) of National Nuclear Security Administration to the Administrator of the National Nuclear the project referred to in that subsection other appropriate agencies of the Federal Security Administration shall submit to the may not exceed $4,200,000,000. Government by not later than October 1, appropriate committees of Congress a study 2017. SEC. 3121. AUTHORITY TO RESTORE CERTAIN in accordance with paragraph (3). FORMERLY RESTRICTED DATA TO SEC. 3132. REPORT ON CONSOLIDATION OF FA- (2) CONSULTATION.—The Administrator THE RESTRICTED DATA CATEGORY. CILITIES OF THE NATIONAL NU- may, in conducting the study required under (a) IN GENERAL.—Section 142 of the Atomic CLEAR SECURITY ADMINISTRATION. paragraph (1), consult with the Secretary of Energy Act of 1954 (42 U.S.C. 2162) is amend- (a) REPORT REQUIRED.—Not later than 180 Homeland Security, the Secretary of State, ed— days after the date of the enactment of this the Nuclear Regulatory Commission, and (1) in subsection d.— Act, the Nuclear Weapons Council shall sub- such other departments and agencies of the (A) by inserting ‘‘(1)’’ before ‘‘The Commis- mit to the congressional defense committees United States Government as the Adminis- sion’’; and a report setting forth the assessment of the trator considers appropriate. (B) by adding at the end the following new Council as to the feasibility of consolidating (3) MATTERS INCLUDED.—The study under paragraphs: facilities and functions of the National Nu- paragraph (1) shall include the following: ‘‘(2) The Commission may restore to the clear Security Administration in order to re- (A) An assessment of the radioactive iso- Restricted Data category any information duce costs. topes and associated activity levels that related to the design of nuclear weapons re- (b) PROCESS FOR CONSOLIDATION.—If the as- present the greatest risk to national and moved under paragraph (1) if the Commis- sessment of the Council in the report under international security. sion and the Department of Defense jointly subsection (a) is that excess facilities exist (B) A review of current United States Gov- determine that— and the consolidation of facilities and func- ernment efforts to secure radiological mate- ‘‘(A) the programmatic requirements that tions of the Administration is feasible and rials abroad, including coordination with for- caused the information to be removed from would reduce cost, the report shall include eign governments, the European Union, the the Restricted Data category are no longer recommendations for a process to determine International Atomic Energy Agency, other applicable or have diminished; the manner in which the consolidation international programs, and nongovern- ‘‘(B) the information would be more appro- should be accomplished, including an esti- mental organizations that identify, register, priately protected as Restricted Data; and mate of the time to be required to complete secure, remove, and provide for the disposi- ‘‘(C) restoring the information to the Re- the process. tion of high-risk radiological materials stricted Data category is in the interest of (c) LIMITATION ON AVAILABILITY OF CERTAIN worldwide. national security. FUNDS PENDING REPORT.—Amounts author- (C) A review of current United States Gov- ‘‘(3) Information related to the design of ized to be appropriated by this title and ernment efforts to secure radiological mate- nuclear weapons shall be restored to the Re- available for the facility projects in the De- rials domestically at civilian sites, including stricted Data category under paragraph (2) partment of Energy Readiness and Technical hospitals, industrial sites, and other loca- in accordance with regulations prescribed by Base designated 04–D–125 and 06–D–141 may tions. the Commission for purposes of that para- not be obligated or expended for CD–3, Start (D) A definition of regional radiological se- graph.’’; and of Construction (as found in Department of curity zones, including the subset of the ma- (2) in subsection e.— Energy Order 413.3 B Program and Project terials of concern to be the immediate focus (A) by inserting ‘‘(1)’’ before ‘‘The Commis- Management for the Acquisition of Capital and the security best practices required to sion’’; and Assets,) until the submittal under subsection achieve that goal. (B) by adding at the end the following new (a) of the report required by that subsection. (E) An assessment of the feasibility, cost, paragraphs: SEC. 3133. REGIONAL RADIOLOGICAL SECURITY desirability, and added benefit of estab- ‘‘(2) The Commission may restore to the ZONES. lishing regional radiological security zones Restricted Data category any information (a) FINDINGS.—Congress makes the fol- in high priority areas worldwide in order to concerning atomic energy programs of other lowing findings: facilitate regional collaboration in—

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00173 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7578 CONGRESSIONAL RECORD — SENATE December 5, 2012 (i) identifying and inventorying high-activ- protected from the adverse effects of legacy problems with appropriate corrective ac- ity radiological sources at high-risk sites; uranium mines; and tions, and inadequate oversight by site of- (ii) reviewing national level regulations, (2) make recommendations on changes, if fices of the National Nuclear Security Ad- inspections, transportation security, and se- any, to Federal law to address the remedi- ministration were responsible for nearly 100 curity upgrade options; and ation and reclamation of legacy uranium safety incidents since 2000. (iii) assessing opportunities for the harmo- mines. (4) On July 28, 2012, three unarmed individ- nization of regulations and security prac- (c) CONSULTATION.—In preparing the re- uals compromised security at the Y–12 Na- tices among the nations of the region. port, the Secretary of Energy shall consult tional Security Complex in Oak Ridge, Ten- (F) An assessment of the feasibility, cost, with any other relevant Federal agencies, af- nessee, and according to the Government Ac- desirability, and added benefit of estab- fected States and Indian tribes, and inter- countability Office, ‘‘gained access to the lishing remote regional monitoring centers ested members of the public. protected security area directly adjacent to that would receive real-time data from radi- (d) REPORT TO CONGRESS.—Not later than one of the nation’s most critically important ological security sites, would be staffed by 18 months after the date of enactment of this nuclear weapons-related facilities’’. trained personnel from the countries in the Act, the Secretary of Energy shall submit to (5) In June 2006, hackers attacked an un- region, and would alert local law enforce- the Committee on Armed Services and the classified computer system at the National ment in the event of a potential or actual Committee on Energy and Natural Resources Nuclear Security Administration’s Service terrorist incident or other emergency. of the Senate and the appropriate Commit- Center in Albuquerque, New Mexico, and (G) A list and assessment of the best prac- tees of the House of Representatives— gained access to a file containing the names tices used in the United States that are most (1) the report; and and social security numbers of more than critical in enhancing domestic radiological (2) the plan and timeframe of the Secretary 1,500 employees of the National Nuclear Se- material security and could be used to en- of Energy for implementing those rec- curity Administration. hance radiological security worldwide. ommendations of the report that do not re- (6) As early as February 2005, the Inspector (H) An assessment of the United States en- quire legislation. General of the Department of Energy identi- tity or entities that would be best suited to SEC. 3135. COMPTROLLER GENERAL OF THE fied problems with the retrieval of badges lead efforts to establish a radiological secu- UNITED STATES REVIEW OF from terminated employees at Los Alamos rity zone program. PROJECTS CARRIED OUT BY OFFICE National Laboratory and other sites of the (I) An estimate of the costs associated with OF ENVIRONMENTAL MANAGEMENT National Nuclear Security Administration. OF THE DEPARTMENT OF ENERGY (7) In 2004, a pattern of safety and security the implementation of a radiological secu- PURSUANT TO THE AMERICAN RE- rity zone program. incidents that occurred over the course of a COVERY AND REINVESTMENT ACT year prompted the stand-down of Los Alamos (J) An assessment of the known locations OF 2009. National Laboratory. outside the United States housing high-risk Section 3134 of the National Defense Au- (8) The National Nuclear Security Admin- radiological materials in excess of 1,000 cu- thorization Act for Fiscal Year 2010 (Public istration, independent of the safety and secu- ries. Law 111–84; 123 Stat. 2713) is amended— rity reform efforts of the Department of En- (4) FORM.—The study required under para- (1) in subsection (c)— ergy, has launched an overhaul of its con- graph (1) shall be submitted in unclassified (A) in paragraph (1), by striking ‘‘The tracting oversight, placing an emphasis on form, but may include a classified annex. Comptroller General shall conduct a review contractor self-policing through an untested (d) APPROPRIATE COMMITTEES OF CONGRESS during the period described in paragraph (2), ‘‘contractor assurance’’ approach. DEFINED.—In this section, the term ‘‘appro- of the following:’’ and inserting ‘‘Beginning (9) The Government Accountability Office priate committees of Congress’’ means— on the date of the submittal of the report re- has given the contractor administration and (1) the Committee on Armed Services, the quired under subsection (b)(2), the Comp- project management capabilities of the Na- Committee on Homeland Security and Gov- troller General shall conduct a review of the tional Nuclear Security Administration a ernmental Affairs, and the Committee on following:’’; ‘‘high risk’’ designation and found there to Foreign Relations of the Senate; and (B) by striking paragraph (2); be insufficient qualified Federal acquisition (2) the Committee on Armed Services, the (C) by redesignating paragraph (3) as para- professionals to ‘‘plan, direct, and oversee Committee on Homeland Security, and the graph (2); and project execution’’. Committee on Foreign Affairs of the House (D) in paragraph (2), as redesignated by (b) SENSE OF CONGRESS.—It is the sense of of Representatives. subparagraph (C), by striking ‘‘the end of the Congress that— SEC. 3134. REPORT ON LEGACY URANIUM MINES. period described in paragraph (2)’’ and insert- (1) there is a need for strong, independent (a) REPORT.— ing ‘‘August 30, 2012’’; and oversight of the United States nuclear secu- (1) IN GENERAL.—The Secretary of Energy (2) in subsection (d)— rity enterprise; shall undertake a review of, and prepare a re- (A) in paragraph (1), by striking ‘‘Begin- (2) any attempt to reform oversight of the port on, abandoned uranium mines at which ning on the date on which the Comptroller nuclear security enterprise that transfers uranium ore was mined for the weapons pro- General submits the last report required oversight from the Department of Energy to gram of the United States (hereinafter re- under subsection (c)(3), the Comptroller Gen- the National Nuclear Security Administra- ferred to as ‘‘legacy uranium mines’’). eral shall conduct a review of the following:’’ tion, reduces protections for worker health (2) MATTERS TO BE ADDRESSED.—The report and inserting ‘‘Following the submittal of and safety at facilities of the National Nu- shall describe and analyze— the final report required under subsection clear Security Administration to levels (A) the location of the legacy uranium (c)(2), the Comptroller General shall conduct below the standards of the Department of mines on Federal, State, tribal, and private a review of the following:’’; and Energy, or transfers construction appropria- land, taking into account any existing inven- (B) in paragraph (2), by striking ‘‘Not later tions for the nuclear security enterprise tories undertaken by Federal agencies, than 90 days after submitting the last report from the Department of Energy appropria- States, and Indian tribes, and any additional required under subsection (c)(3)’’ and insert- tion account to the military construction information available to the Secretary; ing ‘‘Within seven months after receiving no- appropriation account, should be carefully (B) the extent to which the legacy uranium tification that all American Recovery and evaluated; mines— Reinvestment Act funds have been expended, (3) the Office of Health, Safety, and Secu- (i) may pose a potential and significant ra- but not later than April 30, 2016’’. rity of the Department of Energy, which re- diation health hazard to the public; Subtitle D—Other Matters ports to the Secretary of Energy but is also (ii) may pose some other threat to public SEC. 3141. SENSE OF CONGRESS ON OVERSIGHT accountable for routinely reporting to Con- health and safety hazard; OF THE NUCLEAR SECURITY ENTER- gress on the performance with respect to (iii) have caused, or may cause, degrada- PRISE. safety and security of the Department, in- tion of water quality; and (a) FINDINGS.—Congress makes the fol- cluding the National Nuclear Security Ad- (iv) have caused, or may cause, environ- lowing findings: ministration, and the role of that Office in mental degradation; (1) In 2000, the National Nuclear Security overseeing safety and security at the Na- (C) a ranking of priority by category for Administration was established as an inde- tional Nuclear Security Administration, the remediation and reclamation of the leg- pendent entity within the Department of En- should not be diminished but should be rou- acy uranium mines; ergy to manage and secure the nuclear weap- tinely evaluated; (D) the potential cost and feasibility of re- ons stockpile of the United States and to (4) any future modifications to the man- mediating and reclaiming, in accordance manage nuclear nonproliferation and naval agement or structure of the nuclear security with applicable Federal law, each category reactor programs. enterprise should be done in a way that of legacy uranium mines; and (2) Serious security and health incidents maintains or increases oversight of critical (E) the status of any efforts to remediate continue to occur at sites of the National construction, security, and acquisition capa- and reclaim legacy uranium mines. Nuclear Security Administration. bilities; (b) RECOMMENDATIONS.—The report shall— (3) In September 2012, an official of the (5) to the extent possible, oversight of pro- (1) make recommendations as to how to en- Government Accountability Office testified grams of the National Nuclear Security Ad- sure most feasibly and effectively and expe- to Congress that lax laboratory attitudes to- ministration by the Department of Defense ditiously that the public health and safety, ward safety procedures, laboratory inadequa- should increase to ensure current and future water resources, and the environment will be cies in identifying and addressing safety warfighting requirements are met; and

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00174 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7579 (6) the Nuclear Weapons Council should (2) commercial operations using the fuels, section (c)(3) not later than 3 years after the provide proper oversight in the execution of targets, and processes described in paragraph date of enactment of this Act. its responsibilities under section 179 of title (1). (f) RADIOACTIVE WASTE.—Notwithstanding 10, United States Code. (c) URANIUM LEASE AND TAKE-BACK.— section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101), radioactive material re- Subtitle E—American Medical Isotopes (1) IN GENERAL.—The Secretary shall estab- sulting from the production of medical iso- Production lish a program to make low-enriched uranium available, through lease contracts, for topes that has been permanently removed SEC. 3151. SHORT TITLE. irradiation for the production of molyb- from a reactor or subcritical assembly and This subtitle may be cited as the ‘‘Amer- denum-99 for medical uses. for which there is no further use shall be ican Medical Isotopes Production Act of (2) TITLE.—The lease contracts shall pro- considered low-level radioactive waste if the 2012’’. vide for the producers of the molybdenum-99 material is acceptable under Federal require- SEC. 3152. DEFINITIONS. to take title to and be responsible for the ments for disposal as low-level radioactive In this subtitle: molybdenum-99 created by the irradiation, waste. (1) DEPARTMENT.—The term ‘‘Department’’ processing, or purification of uranium leased SEC. 3154. EXPORTS. means the Department of Energy. under this section. Section 134 of the Atomic Energy Act of (2) HIGHLY ENRICHED URANIUM.—The term (3) DUTIES.— 1954 (42 U.S.C. 2160d) is amended by striking ‘‘highly enriched uranium’’ means uranium (A) SECRETARY.—The lease contracts shall subsection c. and inserting the following: enriched to 20 percent or greater in the iso- require the Secretary— ‘‘c. Effective 7 years after the date of en- tope U–235. (i) to retain responsibility for the final dis- actment of the American Medical Isotopes Production Act of 2012, the Commission may (3) LOW ENRICHED URANIUM.—The term ‘‘low position of spent nuclear fuel created by the enriched uranium’’ means uranium enriched irradiation, processing, or purification of not issue a license for the export of highly to less than 20 percent in the isotope U–235. uranium leased under this section for the enriched uranium from the United States for the purposes of medical isotope production. (4) SECRETARY.—The term ‘‘Secretary’’ production of medical isotopes; and ‘‘d. The period referred to in subsection b. means the Secretary of Energy. (ii) to take title to and be responsible for may be extended for no more than 6 years if, the final disposition of radioactive waste SEC. 3153. IMPROVING THE RELIABILITY OF DO- no earlier than 6 years after the date of en- created by the irradiation, processing, or pu- MESTIC MEDICAL ISOTOPE SUPPLY. actment of the American Medical Isotopes rification of uranium leased under this sec- (a) MEDICAL ISOTOPE DEVELOPMENT Production Act of 2012, the Secretary of En- tion for which the Secretary determines the PROJECTS.— ergy certifies to the Committee on Energy producer does not have access to a disposal (1) IN GENERAL.—The Secretary shall carry and Commerce of the House of Representa- path. out a technology-neutral program— tives and the Committee on Energy and Nat- (B) PRODUCER.—The producer of the spent (A) to evaluate and support projects for the ural Resources of the Senate that— nuclear fuel and radioactive waste shall ac- production in the United States, without the ‘‘(1) there is insufficient global supply of curately characterize, appropriately pack- use of highly enriched uranium, of signifi- molybdenum-99 produced without the use of age, and transport the spent nuclear fuel and cant quantities of molybdenum-99 for med- highly enriched uranium available to satisfy radioactive waste prior to acceptance by the ical uses; the domestic United States market; and Department. (B) to be carried out in cooperation with ‘‘(2) the export of United States-origin (4) COMPENSATION.— non-Federal entities; and highly enriched uranium for the purposes of (A) IN GENERAL.—Subject to subparagraph (C) the costs of which shall be shared in ac- medical isotope production is the most effec- (B), the lease contracts shall provide for cordance with section 988 of the Energy Pol- tive temporary means to increase the supply compensation in cash amounts equivalent to icy Act of 2005 (42 U.S.C. 16352). of molybdenum-99 to the domestic United prevailing market rates for the sale of com- (2) CRITERIA.—Projects shall be judged States market. against the following primary criteria: parable uranium products and for compensa- ‘‘e. To ensure public review and comment, (A) The length of time necessary for the tion in cash amounts equivalent to the net the development of the certification de- proposed project to begin production of mo- present value of the cost to the Federal Gov- scribed in subsection c. shall be carried out lybdenum-99 for medical uses within the ernment for— through announcement in the Federal Reg- United States. (i) the final disposition of spent nuclear ister. (B) The capability of the proposed project fuel and radioactive waste for which the De- ‘‘f. At any time after the restriction of ex- to produce a significant percentage of United partment is responsible under paragraph (3); port licenses provided for in subsection b. be- States demand for molybdenum-99 for med- and comes effective, if there is a critical short- ical uses. (ii) other costs associated with carrying age in the supply of molybdenum-99 avail- (C) The cost of the proposed project. out the uranium lease and take-back pro- able to satisfy the domestic United States (3) EXEMPTION.—An existing reactor in the gram authorized by this subsection. medical isotope needs, the restriction of ex- United States fueled with highly enriched (B) DISCOUNT RATE.—The discount rate port licenses may be suspended for a period uranium shall not be disqualified from the used to determine the net present value of of no more than 12 months, if— program if the Secretary determines that— costs described in subparagraph (A)(ii) shall ‘‘(1) the Secretary of Energy certifies to (A) there is no alternative nuclear reactor be not greater than the average interest rate the Congress that the export of United fuel, enriched in the isotope U–235 to less on marketable Treasury securities. States-origin highly enriched uranium for than 20 percent, that can be used in that re- (5) AUTHORIZED USE OF FUNDS.—The Sec- the purposes of medical isotope production is actor; retary may obligate and expend funds re- the only effective temporary means to in- (B) the reactor operator has provided as- ceived under leases entered into under this crease the supply of molybdenum-99 nec- surances that, whenever an alternative nu- subsection, which shall remain available essary to meet United States medical isotope clear reactor fuel, enriched in the isotope U– until expended, for the purpose of carrying needs during that period; and 235 to less than 20 percent, can be used in out the activities authorized by this subtitle, ‘‘(2) the Congress enacts a Joint Resolution that reactor, it will use that alternative in including activities related to the final disapproving the temporary suspension of the lieu of highly enriched uranium; and position of spent nuclear fuel and radioactive restriction of export licenses. (C) the reactor operator has provided a cur- waste for which the Department is respon- ‘‘g. As used in this section— rent report on the status of its efforts to con- sible under paragraph (3). ‘‘(1) the term ‘alternative nuclear reactor vert the reactor to an alternative nuclear re- (6) EXCHANGE OF URANIUM FOR SERVICES.— fuel or target’ means a nuclear reactor fuel actor fuel enriched in the isotope U–235 to The Secretary shall not barter or otherwise or target which is enriched to less than 20 less than 20 percent, and an anticipated sell or transfer uranium in any form in ex- percent in the isotope U–235; schedule for completion of conversion. change for— ‘‘(2) the term ‘highly enriched uranium’ (4) PUBLIC PARTICIPATION AND REVIEW.—The (A) services related to the final disposition means uranium enriched to 20 percent or Secretary shall— of the spent nuclear fuel and radioactive more in the isotope U–235; (A) develop a program plan and annually waste for which the Department is respon- ‘‘(3) a fuel or target ‘can be used’ in a nu- update the program plan through public sible under paragraph (3); or clear research or test reactor if— workshops; and (B) any other services associated with car- ‘‘(A) the fuel or target has been qualified (B) use the Nuclear Science Advisory Com- rying out the uranium lease and take-back by the Reduced Enrichment Research and mittee to conduct annual reviews of the program authorized by this subsection. Test Reactor Program of the Department of progress made in achieving the program (d) COORDINATION OF ENVIRONMENTAL RE- Energy; and goals. VIEWS.—The Department and the Nuclear ‘‘(B) use of the fuel or target will permit (b) DEVELOPMENT ASSISTANCE.—The Sec- Regulatory Commission shall ensure to the the large majority of ongoing and planned retary shall carry out a program to provide maximum extent practicable that environ- experiments and medical isotope production assistance for— mental reviews for the production of the to be conducted in the reactor without a (1) the development of fuels, targets, and medical isotopes shall complement and not large percentage increase in the total cost of processes for domestic molybdenum-99 pro- duplicate each review. operating the reactor; and duction that do not use highly enriched ura- (e) OPERATIONAL DATE.—The Secretary ‘‘(4) the term ‘medical isotope’ includes nium; and shall establish a program as described in sub- molybdenum-99, iodine-131, xenon-133, and

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00175 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7580 CONGRESSIONAL RECORD — SENATE December 5, 2012 other radioactive materials used to produce amended by inserting the following new item Subtitle F—Other Matters a radiopharmaceutical for diagnostic or at the end of the items relating to chapter 10 SEC. 3161. CONGRESSIONAL ADVISORY PANEL ON therapeutic procedures or for research and of title I: THE GOVERNANCE STRUCTURE OF development.’’. THE NATIONAL NUCLEAR SECURITY SEC. 3155. REPORT ON DISPOSITION OF EXPORTS. ‘‘Sec. 112. Domestic medical isotope produc- ADMINISTRATION AND ITS RELA- tion.’’. TIONSHIP TO OTHER FEDERAL Not later than 1 year after the date of the AGENCIES. enactment of this Act, the Chairman of the SEC. 3157. ANNUAL DEPARTMENT REPORTS. (a) ESTABLISHMENT.—There is established a Nuclear Regulatory Commission, after con- congressional advisory panel (in this section (a) IN GENERAL.—Not later than 1 year sulting with other relevant agencies, shall referred to as the ‘‘advisory panel’’) to assess submit to the Congress a report detailing the after the date of enactment of this Act, and the feasibility and advisability of, and make current disposition of previous United States annually thereafter for 5 years, the Sec- recommendations with respect to, revising exports of highly enriched uranium used as retary shall report to Congress on Depart- the governance structure of the National Nu- fuel or targets in a nuclear research or test ment actions to support the production in clear Security Administration (in this sec- reactor, including— the United States, without the use of highly tion referred to as the ‘‘Administration’’) to (1) their location; enriched uranium, of molybdenum-99 for permit the Administration to operate more (2) whether they are irradiated; medical uses. effectively. (3) whether they have been used for the (b) COMPOSITION.— purpose stated in their export license; (b) CONTENTS.—The reports shall include (1) MEMBERSHIP.—The advisory panel shall (4) whether they have been used for an al- the following: be composed of 12 members appointed as fol- ternative purpose and, if so, whether such al- (1) For medical isotope development lows: ternative purpose has been explicitly ap- projects— (A) Three by the Speaker of the House of proved by the Commission; (A) the names of any recipients of Depart- Representatives. (5) the year of export, and reimportation, if ment support under section 3143; (B) Three by the Minority Leader of the applicable; (B) the amount of Department funding House of Representatives. (6) their current physical and chemical committed to each project; (C) Three by the Majority Leader of the forms; and (C) the milestones expected to be reached Senate. (7) whether they are being stored in a man- for each project during the year for which (D) Three by the Minority Leader of the ner which adequately protects against theft support is provided; Senate. and unauthorized access. (D) how each project is expected to support (2) CHAIRMAN; VICE CHAIRMAN.— SEC. 3156. DOMESTIC MEDICAL ISOTOPE PRO- the increased production of molybdenum-99 (A) CHAIRMAN.—The Speaker of the House DUCTION. for medical uses; of Representatives and the Majority Leader (a) IN GENERAL.—Chapter 10 of the Atomic (E) the findings of the evaluation of of the Senate shall jointly designate one Energy Act of 1954 (42 U.S.C. 2131 et seq.) is projects under section 3143(a)(2); and member of the advisory panel to serve as amended by adding at the end the following: (F) the ultimate use of any Department chairman of the advisory panel. ‘‘SEC. 112. DOMESTIC MEDICAL ISOTOPE PRO- funds used to support projects under section (B) VICE CHAIRMAN.—The Minority Leader DUCTION.— 3143. of the House of Representatives and the Mi- ‘‘a. The Commission may issue a license, or (2) A description of actions taken in the nority Leader of the Senate shall jointly des- grant an amendment to an existing license, previous year by the Secretary to ensure the ignate one member of the advisory panel to for the use in the United States of highly en- safe disposition of spent nuclear fuel and ra- serve as vice chairman of the advisory panel. riched uranium as a target for medical iso- dioactive waste for which the Department is (3) PERIOD OF APPOINTMENT; VACANCIES.— tope production in a nuclear reactor, only if, responsible under section 3143(c). Each member of the advisory panel shall be in addition to any other requirement of this appointed for a term of one year and may be SEC. 3158. NATIONAL ACADEMY OF SCIENCES RE- reappointed for an additional period lasting Act— PORT. until the termination of the advisory panel ‘‘(1) the Commission determines that— in accordance with subsection (f). Any va- ‘‘(A) there is no alternative medical iso- (a) IN GENERAL.—The Secretary shall enter cancy in the advisory panel shall be filled in tope production target, enriched in the iso- into an arrangement with the National the same manner as the original appoint- tope U–235 to less than 20 percent, that can Academy of Sciences to conduct a study of ment. be used in that reactor; and the state of molybdenum-99 production and (c) COOPERATION FROM FEDERAL AGEN- ‘‘(B) the proposed recipient of the medical utilization, to be provided to Congress not CIES.— isotope production target has provided assur- later than 5 years after the date of enact- (1) COOPERATION.—The advisory panel shall ances that, whenever an alternative medical ment of this Act. receive the full and timely cooperation of isotope production target can be used in that the Secretary of Defense, the Secretary of reactor, it will use that alternative in lieu of (b) CONTENTS.—The report shall include the following: Energy, and any other Federal official in highly enriched uranium; and providing the advisory panel with analyses, ‘‘(2) the Secretary of Energy has certified (1) For molybdenum-99 production— (A) a list of all facilities in the world pro- briefings, and other information necessary that the United States Government is ac- for the advisory panel to carry out its duties tively supporting the development of an al- ducing molybdenum-99 for medical uses, including an indication of whether these facili- under this section. ternative medical isotope production target (2) ACCESS TO INFORMATION.—Members of that can be used in that reactor. ties use highly enriched uranium in any way; (B) a review of international production of the advisory panel shall have access to all ‘‘b. As used in this section— information, including classified informa- ‘‘(1) the term ‘alternative medical isotope molybdenum-99 over the previous 5 years, including— tion, necessary to carry out the duties of the production target’ means a nuclear reactor advisory panel under this section. The secu- target which is enriched to less than 20 per- (i) whether any new production was brought online; rity clearance process shall be expedited for cent of the isotope U–235; members and staff of the advisory panel to ‘‘(2) a target ‘can be used’ in a nuclear re- (ii) whether any facilities halted production unexpectedly; and the extent necessary to permit the advisory search or test reactor if— panel to carry out its duties under this sec- ‘‘(A) the target has been qualified by the (iii) whether any facilities used for production were decommissioned or otherwise per- tion. Reduced Enrichment Research and Test Re- (3) LIAISON.—The Secretary of Defense, the actor Program of the Department of Energy; manently removed from service; and (C) an assessment of progress made in the Secretary of State, and the Secretary of En- and ergy shall each designate at least one officer ‘‘(B) use of the target will permit the large previous 5 years toward establishing domestic production of molybdenum-99 for medical or employee of the Department of Defense, majority of ongoing and planned experi- Department of State, and the Department of ments and medical isotope production to be uses, including the extent to which other medical isotopes that have been produced Energy, respectively, to serve as a liaison of- conducted in the reactor without a large per- ficer between the department and the advi- centage increase in the total cost of oper- with molybdenum-99, such as iodine-131 and xenon-133, are being used for medical pur- sory panel. ating the reactor; (d) REPORT REQUIRED.—Not later than 120 poses. ‘‘(3) the term ‘highly enriched uranium’ days after the date that each of the members (2) An assessment of the progress made by means uranium enriched to 20 percent or of the advisory panel has been appointed, the more in the isotope U–235; and the Department and others to eliminate all advisory panel shall submit to the President, ‘‘(4) the term ‘medical isotope’ includes worldwide use of highly enriched uranium in the Secretary of Defense, the Secretary of molybdenum-99, iodine-131, xenon-133, and reactor fuel, reactor targets, and medical Energy, the Committee on Armed Services of other radioactive materials used to produce isotope production facilities. the Senate, and the Committee on Armed a radiopharmaceutical for diagnostic or SEC. 3159. REPEAL. Services of the House of Representatives an therapeutic procedures or for research and interim report on the feasibility and advis- development.’’. The Nuclear Safety Research, Develop- ability of revising the governance structure (b) TABLE OF CONTENTS.—The table of con- ment, and Demonstration Act of 1980 (42 of the Administration to permit the Admin- tents for the Atomic Energy Act of 1954 is U.S.C. 9701 et seq.) is repealed. istration to operate more effectively, to be

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AUTHORIZATION. and deployment of emerging marine tech- (A) The organization and structure of the nologies and practices related to the marine There are authorized to be appropriated for Administration, including the roles, respon- transportation system through the use of fiscal year 2013, $29,415,000 for the operation sibilities, and authorities of the Administra- public vessels under the control of the Mari- of the Defense Nuclear Facilities Safety tion and mechanisms for holding the Admin- time Administration or private vessels under Board under chapter 21 of the Atomic Energy istration accountable. Untied States registry, and through partner- Act of 1954 (42 U.S.C. 2286 et seq.). (B) The allocation of roles and responsibil- ships and cooperative efforts with academic, ities with respect to the safety and security TITLE XXXV—MARITIME ADMINISTRATION public, private, and non-governmental enti- of the nuclear weapons complex. ties and facilities. (C) The relationship of the Administration SEC. 3501. SHORT TITLE. ‘‘(b) REQUIREMENTS.—The Secretary of to the National Security Council, the Nu- This title may be cited as the ‘‘Maritime Administration Authorization Act for Fiscal Transportation may— clear Weapons Council, the Department of ‘‘(1) identify, study, evaluate, test, dem- Energy, the Department of Defense, and Year 2013’’. onstrate, or improve emerging marine tech- other Federal agencies, as well as the na- SEC. 3502. CONTAINER-ON-BARGE TRANSPOR- nologies and practices that are likely to tional security laboratories, as appropriate. TATION. achieve environmental improvements by— (D) The role of the Administration in the (a) ASSESSMENT.—The Administrator of the ‘‘(A) reducing air emissions, water emis- interagency process for planning, program- Maritime Administration shall assess the po- sions, or other ship discharges; ming, and budgeting with respect to the nu- tential for using container-on-barge trans- ‘‘(B) increasing fuel economy or the use of clear weapons complex. portation in short sea transportation (as alternative fuels and alternative energy (in- (E) Legislative changes necessary for revis- such term is defined in section 55605 of title cluding the use of shore power); or ing the governance structure of the Adminis- 46, United States Code). ‘‘(C) controlling aquatic invasive species; tration. (b) FACTORS.—In conducting the assess- and (F) The appropriate structure for oversight ment under subsection (a), the Adminis- ‘‘(2) coordinate with the Environmental of the Administration by congressional com- trator shall consider— Protection Agency, the United States Coast mittees. (1) the environmental benefits of increas- Guard, and other Federal, State, local, or (G) The length of the term of the Adminis- ing container-on-barge movements in short tribal agencies, as appropriate. trator for Nuclear Security. sea transportation; ‘‘(c) COORDINATION.—Coordination under (H) The authority of the Administrator to (2) the regional differences in the use of subsection (b)(2) may include— appoint senior members of the Administra- short sea transportation; ‘‘(1) activities that are associated with the tor’s staff. (3) the existing programs established at development or approval of validation and (I) Whether the nonproliferation activities coastal and Great Lakes ports for estab- testing regimes; and of the Administration on the day before the lishing awareness of deep sea shipping oper- ‘‘(2) certification or validation of emerging date of the enactment of this Act should re- ations; technologies or practices that demonstrate main with the Administration or be trans- (4) the mechanisms necessary to ensure significant environmental benefits. ferred to another agency. that implementation of a plan under sub- ‘‘(d) ASSISTANCE.—The Secretary of Trans- (J) Infrastructure, rules, and standards section (c) will not be inconsistent with anti- portation may accept gifts, or enter into co- that will better protect the safety and health trust laws; and operative agreements, contracts, or other of nuclear workers, while also permitting (5) the potential frequency of container-on- agreements with academic, public, private, those workers the appropriate freedom to ef- barge service at short sea transportation and non-governmental entities to carry out ficiently and safely carry out their mission. ports. the activities authorized under subsection (K) Legislative or regulatory changes re- (c) RECOMMENDATIONS.—The assessment (a).’’. quired to improve contracting best practices under subsection (a) may include rec- (b) CONFORMING AMENDMENT.—The table of in order to reduce the cost of programs with- ommendations for a plan to increase aware- contents for chapter 503 of title 46, United out eroding mission requirements. ness of the potential for use of container-on- States Code, is amended by inserting after (L) Whether the Administration should op- barge transportation. the item relating to section 50306 the fol- erate more independently of the Department (d) DEADLINE.—Not later than 180 days lowing: of Energy while reporting to the President after the date of enactment of this title, the through Secretary of Energy. Administrator shall submit the assessment ‘‘50307. Maritime environmental and tech- (2) An assessment of how revisions to the required under this section to the Committee nical assistance.’’. governance structure of the Administration on Commerce, Science, and Transportation SEC. 3505. IDENTIFICATION OF ACTIONS TO EN- will lead to a more mission-focused manage- of the Senate and the Committee on Trans- ABLE QUALIFIED UNITED STATES ment structure capable of keeping programs portation and Infrastructure of the House of FLAG CAPACITY TO MEET NATIONAL DEFENSE REQUIREMENTS. on schedule and within cost estimates. Representatives. Section 501(b) of title 46, United States (3) An assessment of the disadvantages and SEC. 3503. SHORT SEA TRANSPORTATION. benefits of each organizational structure for Code, is amended— (a) PURPOSE.—Section 55601 of title 46, (1) by striking ‘‘When the head’’ and in- the Administration considered by the advi- United States Code, is amended— sory panel. serting the following: (1) in subsection (a), by striking ‘‘landside ‘‘(1) IN GENERAL.—When the head’’; and (4) An assessment of how the national se- congestion.’’ and inserting ‘‘landside conges- curity laboratories can expand basic science (2) by adding at the end the following: tion or to promote short sea transpor- ‘‘(2) DETERMINATIONS.—The Maritime Ad- in support of ancillary national security mis- tation.’’; sions in a manner that mutually reinforces ministrator shall— (2) in subsection (c), by striking ‘‘coastal ‘‘(A) for each determination referred to in the stockpile stewardship mission of the Ad- corridors’’ and inserting ‘‘coastal corridors ministration and encourages the retention of paragraph (1), identify any actions that or to promote short sea transportation’’; could be taken to enable qualified United top performers. (3) in subsection (d), by striking ‘‘that the (5) An assessment of how to better retain States flag capacity to meet national de- project may’’ and all that follows through fense requirements; and recruit personnel, including rec- the end of the subsection and inserting ‘‘that ommendations for creating an improved pro- ‘‘(B) provide notice of each such deter- the project uses documented vessels and— mination to the Secretary of Transportation fessional culture that emphasizes the sci- ‘‘(1) mitigates landside congestion; or entific, engineering, and national security and the head of the agency referred to in ‘‘(2) promotes short sea transportation.’’; paragraph (1) for which the determination is objectives of the United States. and (6) Any other information or recommenda- made; and (4) in subsection (f), by striking ‘‘shall’’ ‘‘(C) publish each such determination on tions relating to revising the governance each place it appears and inserting ‘‘may’’. structure of the Administration that the ad- the Internet Web site of the Department of (b) DOCUMENTATION.—Section 55605 of title visory panel considers appropriate. Transportation not later than 48 hours after 46, United States Code, is amended in the (e) FUNDING.—Of the amounts authorized notice of the determination is provided to to be appropriated for fiscal year 2013 and matter preceding paragraph (1) by striking the Secretary of Transportation. made available to the Department of Defense ‘‘by vessel’’ and inserting ‘‘by a documented ‘‘(3) NOTICE TO CONGRESS.— pursuant to this Act, not more than vessel’’. ‘‘(A) IN GENERAL.—The head of an agency $1,000,000 shall be made available to the advi- SEC. 3504. MARITIME ENVIRONMENTAL AND referred to in paragraph (1) shall notify the sory panel to carry out this section. TECHNICAL ASSISTANCE. Committee on Transportation and Infra- (f) SUNSET.—The advisory panel estab- (a) IN GENERAL.—Chapter 503 of title 46, structure of the House of Representatives lished by subsection (a) of this section shall United States Code, is amended by adding at and the Committee on Commerce, Science, be terminated on the date that is 365 days the end the following: and Transportation of the Senate—

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‘‘(i) of any request for a waiver of the navi- the Maritime Administration shall complete SEC. 4101. PROCUREMENT gation or vessel-inspection laws under this the design for a containerized, articulated (In Thousands of Dollars) section not later than 48 hours after receiv- barge, as identified in the dual-use vessel FY 2013 Senate ing such a request; and study carried out by the Administrator and Line Item Request Authorized ‘‘(ii) of the issuance of any such waiver not the Secretary of Defense, that is able to uti- later than 48 hours after such issuance. lize roll-on/roll-off or load-on/load-off tech- 014 ADVANCE PROCURE- 115,113 115,113 ‘‘(B) CONTENTS.—Such head of an agency nology in marine highway maritime com- MENT (CY). shall include in each notification under sub- merce. 015 CH–47 HELICOPTER...... 1,076,036 1,076,036 paragraph (A)(ii) an explanation of— SEC. 3509. ELIGIBILITY TO RECEIVE SURPLUS 016 ADVANCE PROCURE- 83,346 83,346 ‘‘(i) the reasons the waiver is necessary; TRAINING EQUIPMENT. MENT (CY). and Section 51103(b)(2)(C) of title 46, United MODIFICATION OF AIR- ‘‘(ii) the reasons actions referred to in States Code, is amended by inserting ‘‘or a CRAFT paragraph (2)(A) are not feasible.’’. training institution that is an instrumen- 017 C12 AIRCRAFT MODS ...... 0 0 SEC. 3506. MARITIME WORKFORCE STUDY. tality of a State, Territory, or Common- 018 MQ–1 PAYLOAD—UAS.... 231,508 231,508 (a) TRAINING STUDY.—The Comptroller wealth of the United States or District of Co- 019 MQ–1 WEAPONIZATION— 0 0 General of the United States shall conduct a lumbia or a unit of local government there- UAS. study on the training needs of the maritime of’’ after ‘‘a non-profit training institution’’. 020 GUARDRAIL MODS (MIP) 16,272 16,272 workforce. DIVISION D—FUNDING TABLES 021 MULTI SENSOR ABN 4,294 4,294 (b) STUDY COMPONENTS.—The study shall— SEC. 4001. AUTHORIZATION OF AMOUNTS IN RECON (MIP). (1) analyze the impact of maritime train- FUNDING TABLES. 022 AH–64 MODS...... 178,805 178,805 ing requirements imposed by domestic and (a) IN GENERAL.—Whenever a funding table 023 CH–47 CARGO HELI- 39,135 39,135 international regulations and conventions, in this division specifies a dollar amount au- COPTER MODS (MYP). companies, and government agencies that thorized for a project, program, or activity, 024 UTILITY/CARGO AIRPLANE 24,842 24,842 charter or operate vessels; the obligation and expenditure of the speci- MODS. (2) evaluate the ability of the United fied dollar amount for the project, program, 025 AIRCRAFT LONG RANGE 0 0 States maritime training infrastructure to or activity is hereby authorized, subject to MODS. meet the needs of the maritime industry; the availability of appropriations. 026 UTILITY HELICOPTER 73,804 73,804 (3) identify trends in maritime training; (b) MERIT-BASED DECISIONS.—Decisions by MODS. (4) compare the training needs of United agency heads to commit, obligate, or expend 027 KIOWA WARRIOR MODS ... 192,484 192,484 States mariners with the vocational training funds with or to a specific entity on the basis 028 AIRBORNE AVIONICS...... 0 0 and educational assistance programs avail- of a dollar amount authorized pursuant to 029 NETWORK AND MISSION 190,789 190,789 able from Federal agencies to evaluate the subsection (a) shall be based on authorized, PLAN. ability of Federal programs to meet the transparent, statutory criteria, or merit- 030 COMMS, NAV SURVEIL- 133,191 89,191 training needs of United States mariners; based selection procedures in accordance LANCE. (5) include recommendations to enhance with the requirements of sections 2304(k) and JTRS integration de- [–44,000] the capabilities of the United States mari- 2374 of title 10, United States Code, and other layed. time training infrastructure; and applicable provisions of law. 031 GATM ROLLUP...... 87,280 87,280 (6) include recommendations to assist (c) RELATIONSHIP TO TRANSFER AND PRO- 032 RQ–7 UAV MODS ...... 104,339 104,339 United States mariners and those entering GRAMMING AUTHORITY.—An amount specified SPARES AND REPAIR the maritime profession to achieve the rein the funding tables in this division may be PARTS quired training. transferred or reprogrammed under a trans- 033 SPARE PARTS (AIR) ...... 0 0 (c) FINAL REPORT.—Not later than 1 year fer or reprogramming authority provided by GROUND SUPPORT AVI- after the date of enactment of this title, the another provision of this Act or by other ONICS Comptroller General shall submit a report on law. The transfer or reprogramming of an 034 AIRCRAFT SURVIVABILITY 34,037 34,037 the results of the study to the Committee on amount specified in such funding tables shall EQUIPMENT. Commerce, Science, and Transportation of not count against a ceiling on such transfers 035 SURVIVABILITY CM...... 0 0 the Senate and the Committee on Transpor- or reprogrammings under section 1001 of this 036 CMWS ...... 127,751 127,751 tation and Infrastructure of the House of Act or any other provision of law, unless OTHER SUPPORT Representatives. such transfer or reprogramming would move 037 AVIONICS SUPPORT 4,886 4,886 SEC. 3507. MARITIME ADMINISTRATION VESSEL funds between appropriation accounts. EQUIPMENT. RECYCLING CONTRACT AWARD (d) ORAL AND WRITTEN COMMUNICATIONS.— 038 COMMON GROUND 82,511 82,511 PRACTICES. No oral or written communication con- EQUIPMENT. (a) IN GENERAL.—Not later than 12 months cerning any amount specified in the funding 039 AIRCREW INTEGRATED 77,381 77,381 after the date of enactment of this title, the tables in this division shall supercede the re- SYSTEMS. Comptroller General of the Government Ac- quirements of this section. 040 AIR TRAFFIC CONTROL .... 47,235 47,235 countability Office shall conduct an assess- TITLE XLI—PROCUREMENT 041 INDUSTRIAL FACILITIES... 1,643 1,643 ment of the source selection procedures and SEC. 4101. PROCUREMENT. 042 LAUNCHER, 2.75 ROCKET 516 516 practices used to award the Maritime Ad- TOTAL, AIRCRAFT PRO- 5,853,729 5,809,729 ministration’s National Defense Reserve SEC. 4101. PROCUREMENT CUREMENT, ARMY. Fleet vessel recycling contracts. The Comp- (In Thousands of Dollars) troller General shall assess the process, pro- MISSILE PROCUREMENT, FY 2013 Senate cedures, and practices used for the Maritime Line Item Request Authorized ARMY Administration’s qualification of vessel re- SURFACE-TO-AIR MIS- cycling facilities. The Comptroller General AIRCRAFT PROCURE- SILE SYSTEM shall report the findings to the Committee MENT, ARMY 001 PATRIOT SYSTEM SUM- 646,590 646,590 on Commerce, Science, and Transportation FIXED WING MARY. and the Committee on Armed Services of the 001 UTILITY F/W AIRCRAFT .... 18,639 18,639 002 MSE MISSILE...... 12,850 12,850 Senate, and the Committee on Transpor- 002 C–12 CARGO AIRPLANE .. 0 0 003 SURFACE-LAUNCHED 0 0 tation and Infrastructure and the Committee 003 MQ–1 UAV...... 518,088 518,088 AMRAAM SYSTEM on Armed Services of the House of Rep- 004 RQ–11 (RAVEN)...... 25,798 25,798 SUMMARY. resentatives. 005 BCT UNMANNED AERIAL 0 0 004 HELLFIRE SYS SUMMARY 1,401 1,401 (b) ASSESSMENT.—The assessment under VEH (UAVS) INCR 1. 005 JAVELIN (AAWS-M) SYS- 81,121 81,121 subsection (a) shall include a review of ROTARY TEM SUMMARY. whether the Maritime Administration’s con- 006 HELICOPTER, LIGHT UTIL- 271,983 271,983 006 TOW 2 SYSTEM SUM- 64,712 64,712 tract source selection procedures and prac- ITY (LUH). MARY. tices are consistent with law, the Federal 007 AH–64 APACHE BLOCK 577,115 577,115 007 ADVANCE PROCURE- 19,931 19,931 Acquisition Regulations (FAR), and Federal IIIA REMAN. MENT (CY). best practices associated with making source 008 ADVANCE PROCURE- 107,707 107,707 008 GUIDED MLRS ROCKET 218,679 218,679 selection decisions. MENT (CY). (GMLRS). (c) CONSIDERATIONS.—In making the assess- 009 AH–64 APACHE BLOCK 153,993 153,993 009 MLRS REDUCED RANGE 18,767 18,767 ment under subsection (a), the Comptroller IIIB NEW BUILD. PRACTICE ROCKETS General may consider any other aspect of 010 ADVANCE PROCURE- 146,121 146,121 (RRPR). the Maritime Administration’s vessel recy- MENT (CY). 010 HIGH MOBILITY ARTIL- 12,051 12,051 cling process that the Comptroller General 011 AH–64 BLOCK II/WRA ..... 0 0 LERY ROCKET SYSTEM. deems appropriate to review. 012 KIOWA WARRIOR (OH– 0 0 011 PATRIOT MODS...... 199,565 199,565 SEC. 3508. REQUIREMENT FOR BARGE DESIGN. 58F) WRA. 012 ITAS/TOW MODS...... 0 0 Not later than 270 days after the date of 013 UH–60 BLACKHAWK M 1,107,087 1,107,087 013 MLRS MODS...... 2,466 2,466 enactment of this title, the Administrator of MODEL (MYP). 014 HIMARS MODIFICATIONS 6,068 6,068

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars) FY 2013 FY 2013 Senate Line Item FY 2013 Senate Line Item Senate Line Item Request Authorized Request Authorized Request Authorized

015 HELLFIRE MODIFICATIONS 0 0 028 MK–19 GRENADE MA- 0 0 019 SHOULDER LAUNCHED 1,005 1,005 016 SPARES AND REPAIR 7,864 7,864 CHINE GUN MODS. MUNITIONS, ALL TYPES. PARTS. 029 M777 MODS...... 26,843 26,843 020 ROCKET, HYDRA 70, ALL 123,433 123,433 017 AIR DEFENSE TARGETS ... 3,864 3,864 030 M4 CARBINE MODS ...... 27,243 27,243 TYPES. 018 ITEMS LESS THAN $5 1,560 1,560 031 M2 50 CAL MACHINE 39,974 39,974 OTHER AMMUNITION MILLION (MISSILES). GUN MODS. 021 DEMOLITION MUNITIONS, 35,189 35,189 019 PRODUCTION BASE SUP- 5,200 5,200 032 M249 SAW MACHINE GUN 4,996 4,996 ALL TYPES. PORT. MODS. 022 GRENADES, ALL TYPES ... 33,477 33,477 TOTAL, MISSILE PRO- 1,302,689 1,302,689 033 M240 MEDIUM MACHINE 6,806 6,806 023 SIGNALS, ALL TYPES ...... 9,991 9,991 CUREMENT, ARMY. GUN MODS. 024 SIMULATORS, ALL TYPES 10,388 10,388 034 SNIPER RIFLES MODI- 14,113 14,113 MISCELLANEOUS PROCUREMENT OF FICATIONS. 025 AMMO COMPONENTS, ALL 19,383 19,383 W&TCV, ARMY 035 M119 MODIFICATIONS..... 20,727 20,727 TYPES. TRACKED COMBAT VEHI- 036 M16 RIFLE MODS ...... 3,306 3,306 026 NON-LETHAL AMMUNI- 7,336 7,336 CLES 037 MODIFICATIONS LESS 3,072 3,072 TION, ALL TYPES. 001 STRYKER VEHICLE...... 286,818 286,818 THAN $5.0M (WOCV- 027 CAD/PAD ALL TYPES ...... 6,641 6,641 002 FCS SPIN OUTS ...... 0 0 WTCV). 028 ITEMS LESS THAN $5 15,092 15,092 MODIFICATION OF SUPPORT EQUIPMENT & MILLION. TRACKED COMBAT VE- FACILITIES 029 AMMUNITION PECULIAR 15,692 15,692 HICLES 038 ITEMS LESS THAN $5 2,026 2,026 EQUIPMENT. 003 STRYKER (MOD)...... 60,881 60,881 MILLION (WOCV-WTCV). 030 FIRST DESTINATION 14,107 14,107 004 FIST VEHICLE (MOD) ...... 57,257 57,257 039 PRODUCTION BASE SUP- 10,115 10,115 TRANSPORTATION 005 BRADLEY PROGRAM 148,193 148,193 PORT (WOCV-WTCV). (AMMO). (MOD). 040 INDUSTRIAL PREPARED- 442 442 031 CLOSEOUT LIABILITIES.... 106 106 006 HOWITZER, MED SP FT 10,341 10,341 NESS. PRODUCTION BASE SUP- 155MM M109A6 (MOD). SUPPORT EQUIPMENT & PORT 007 PALADIN PIM MOD IN 206,101 206,101 FACILITIES 032 PROVISION OF INDUS- 220,171 220,171 SERVICE. 041 SMALL ARMS EQUIPMENT 2,378 2,378 TRIAL FACILITIES. 008 IMPROVED RECOVERY 107,909 230,909 (SOLDIER ENH PROG). 033 CONVENTIONAL MUNI- 182,461 182,461 VEHICLE (M88A2 HER- SPARES TIONS DEMILITARIZA- CULES). 042 SPARES AND REPAIR 31,217 31,217 TION, ALL. Increased production .. [123,000] PARTS (WTCV). 034 ARMS INITIATIVE...... 3,377 3,377 009 ASSAULT BREACHER VE- 50,039 50,039 TOTAL, PROCUREMENT 1,501,706 1,690,523 TOTAL, PROCUREMENT 1,739,706 1,573,268 HICLE. OF W&TCV, ARMY. OF AMMUNITION, 010 M88 FOV MODS ...... 29,930 29,930 ARMY. 011 M1 ABRAMS TANK (MOD) 129,090 129,090 PROCUREMENT OF AM- 012 ABRAMS UPGRADE PRO- 74,433 74,433 MUNITION, ARMY OTHER PROCUREMENT, GRAM. SMALL/MEDIUM CAL AM- ARMY 012A ADVANCE PROCURE- 91,000 MUNITION TACTICAL VEHICLES MENT (CY). 001 CTG, 5.56MM, ALL TYPES 158,313 158,313 001 SEMITRAILERS, FLATBED 7,097 7,097 Advanced procurement [91,000] 002 CTG, 7.62MM, ALL TYPES 91,438 91,438 002 FAMILY OF MEDIUM TAC- 346,115 396,115 Abrams upgrade 003 CTG, HANDGUN, ALL 8,954 8,954 TICAL VEH (FMTV). program. TYPES. Program increase for [50,000] SUPPORT EQUIPMENT & 004 CTG, .50 CAL, ALL TYPES 109,604 109,604 USAR. FACILITIES 005 CTG, 20MM, ALL TYPES .. 4,041 4,041 003 FIRETRUCKS & ASSOCI- 19,292 19,292 013 PRODUCTION BASE SUP- 1,145 1,145 006 CTG, 25MM, ALL TYPES .. 12,654 12,654 ATED FIREFIGHTING PORT (TCV-WTCV). 007 CTG, 30MM, ALL TYPES .. 72,154 35,154 EQUIP. WEAPONS & OTHER Decrease for excess ... [–37,000] 004 FAMILY OF HEAVY TAC- 52,933 52,933 COMBAT VEHICLES 008 CTG, 40MM, ALL TYPES .. 60,138 0 TICAL VEHICLES 014 INTEGRATED AIR BURST 506 506 Decrease for excess ... [–60,138] (FHTV). WEAPON SYSTEM FAM- MORTAR AMMUNITION 005 PLS ESP...... 18,035 18,035 ILY. 009 60MM MORTAR, ALL 44,375 44,375 006 ARMORED SECURITY VE- 0 0 015 M240 MEDIUM MACHINE 0 0 TYPES. HICLES (ASV). GUN (7.62MM). 010 81MM MORTAR, ALL 27,471 27,471 007 MINE PROTECTION VEHI- 0 0 016 MACHINE GUN, CAL .50 0 0 TYPES. CLE FAMILY. M2 ROLL. 011 120MM MORTAR, ALL 87,811 87,811 008 FAMILY OF MINE RESIST- 0 0 017 LIGHTWEIGHT .50 CAL- 25,183 0 TYPES. ANT AMBUSH PROTEC IBER MACHINE GUN. TANK AMMUNITION (MRAP). Program termination .. [–25,183] 012 CARTRIDGES, TANK, 112,380 112,380 009 TRUCK, TRACTOR, LINE 3,619 3,619 018 MK–19 GRENADE MA- 0 0 105MM AND 120MM, HAUL, M915/M916. CHINE GUN (40MM). ALL TYPES. 010 HVY EXPANDED MOBILE 26,859 26,859 019 MORTAR SYSTEMS...... 8,104 8,104 ARTILLERY AMMUNITION TACTICAL TRUCK EXT 020 M107, CAL. 50, SNIPER 0 0 013 ARTILLERY CARTRIDGES, 50,861 50,861 SERV. RIFLE. 75MM AND 105MM, 011 HMMWV RECAPITALIZA- 0 0 021 XM320 GRENADE 14,096 14,096 ALL TYP. TION PROGRAM. LAUNCHER MODULE 014 ARTILLERY PROJECTILE, 26,227 26,227 012 TACTICAL WHEELED VEHI- 69,163 69,163 (GLM). 155MM, ALL TYPES. CLE PROTECTION KITS. 022 M110 SEMI-AUTOMATIC 0 0 015 PROJ 155MM EXTENDED 110,329 55,329 013 MODIFICATION OF IN SVC 91,754 91,754 SNIPER SYSTEM RANGE XM982. EQUIP. (SASS). Excalibur I-b round [–55,000] 014 MINE-RESISTANT AM- 0 0 023 M4 CARBINE...... 0 0 schedule delay. BUSH-PROTECTED 024 CARBINE ...... 21,272 21,272 016 ARTILLERY PROPELLANTS, 43,924 43,924 (MRAP) MODS. 025 SHOTGUN, MODULAR AC- 6,598 6,598 FUZES AND PRIMERS, 015 TOWING DEVICE-FIFTH 0 0 CESSORY SYSTEM ALL. WHEEL. (MASS). MINES 016 AMC CRITICAL ITEMS, 0 0 026 COMMON REMOTELY OP- 56,725 56,725 017 MINES & CLEARING 3,775 3,775 OPA1. ERATED WEAPONS CHARGES, ALL TYPES. NON-TACTICAL VEHICLES STATION. NETWORKED MUNITIONS 017 HEAVY ARMORED SEDAN 0 0 027 HOWITZER LT WT 155MM 13,827 13,827 018 SPIDER NETWORK MUNI- 17,408 3,108 018 PASSENGER CARRYING 2,548 2,548 (T). TIONS, ALL TYPES. VEHICLES. MOD OF WEAPONS AND Program decrease ...... [–14,300] 019 NONTACTICAL VEHICLES, 16,791 16,791 OTHER COMBAT VEH ROCKETS OTHER.

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars)

FY 2013 Senate FY 2013 Senate Line Item FY 2013 Senate Line Item Request Authorized Line Item Request Authorized Request Authorized

COMM—JOINT COMMU- 053 TSEC—ARMY KEY MGT 23,432 23,432 090 INDIRECT FIRE PROTEC- 29,881 29,881 NICATIONS SYS (AKMS). TION FAMILY OF SYS- 020 JOINT COMBAT IDENTI- 10,061 10,061 054 INFORMATION SYSTEM 43,897 43,897 TEMS. FICATION MARKING SECURITY PROGRAM- 091 PROFILER ...... 12,482 12,482 SYSTEM. ISSP. 092 MOD OF IN-SVC EQUIP 3,075 3,075 021 WIN-T—GROUND FORCES 892,635 892,635 055 BIOMETRICS ENTERPRISE 0 0 (FIREFINDER RADARS). TACTICAL NETWORK. COMM—LONG HAUL 093 FORCE XXI BATTLE CMD 0 0 022 SIGNAL MODERNIZATION 45,626 45,626 COMMUNICATIONS BRIGADE & BELOW PROGRAM. 056 TERRESTRIAL TRANS- 2,891 2,891 (FBCB2). 023 JCSE EQUIPMENT 5,143 5,143 MISSION. 094 JOINT BATTLE COM- 141,385 141,385 (USREDCOM). 057 BASE SUPPORT COMMU- 13,872 13,872 MAND—PLATFORM COMM—SATELLITE COM- NICATIONS. (JBC-P). MUNICATIONS 058 WW TECH CON IMP PROG 9,595 9,595 095 LIGHTWEIGHT LASER 0 0 024 DEFENSE ENTERPRISE 151,636 151,636 (WWTCIP). DESIGNATOR/RANGE- WIDEBAND SATCOM COMM—BASE COMMU- FINDER. SYSTEMS. NICATIONS 096 MOD OF IN-SVC EQUIP 22,403 22,403 025 TRANSPORTABLE TAC- 6,822 6,822 059 INFORMATION SYSTEMS.. 142,133 142,133 (LLDR). TICAL COMMAND COM- 060 DEFENSE MESSAGE SYS- 0 0 097 COMPUTER BALLISTICS: 0 0 MUNICATIONS. TEM (DMS). LHMBC XM32. 026 SHF TERM...... 9,108 9,108 061 INSTALLATION INFO IN- 57,727 57,727 098 MORTAR FIRE CONTROL 29,505 29,505 027 SAT TERM, EMUT (SPACE) 0 0 FRASTRUCTURE MOD SYSTEM. 028 NAVSTAR GLOBAL POSI- 27,353 27,353 099 COUNTERFIRE RADARS... 244,409 244,409 TIONING SYSTEM PROGRAM. 062 PENTAGON INFORMATION 5,000 5,000 100 ENHANCED SENSOR & 2,426 2,426 (SPACE). MONITORING SYSTEM 029 SMART-T (SPACE)...... 98,656 98,656 MGT AND TELECOM. (WMD). 030 SCAMP (SPACE)...... 0 0 ELECT EQUIP—TACT INT ELECT EQUIP—TACTICAL 031 GLOBAL BRDCST SVC— 47,131 47,131 REL ACT (TIARA) C2 SYSTEMS GBS. 065 JTT/CIBS-M ...... 1,641 1,641 101 TACTICAL OPERATIONS 30,196 30,196 032 MOD OF IN-SVC EQUIP 23,281 23,281 066 PROPHET GROUND...... 48,797 48,797 CENTERS. (TAC SAT). 067 DIGITAL TOPOGRAPHIC 0 0 102 FIRE SUPPORT C2 FAMILY 58,903 58,903 COMM—COMBAT SUP- SPT SYS (DTSS). 103 BATTLE COMMAND 8,111 8,111 PORT COMM 068 DRUG INTERDICTION 0 0 SUSTAINMENT SUP- 033 MOD-IN-SERVICE PRO- 0 0 PROGRAM (DIP) PORT SYSTEM. FILER. (TIARA). 104 FAAD C2...... 5,031 5,031 COMM—C3 SYSTEM 069 DCGS-A (MIP)...... 184,007 184,007 105 AIR & MSL DEFENSE 64,144 64,144 034 ARMY GLOBAL CMD & 10,848 10,848 070 JOINT TACTICAL GROUND 2,680 2,680 PLANNING & CONTROL CONTROL SYS (AGCCS). STATION (JTAGS). SYS. COMM—COMBAT COM- 071 TROJAN (MIP)...... 21,483 21,483 106 KNIGHT FAMILY...... 11,999 11,999 MUNICATIONS 072 MOD OF IN-SVC EQUIP 2,412 2,412 107 LIFE CYCLE SOFTWARE 1,853 1,853 035 ARMY DATA DISTRIBU- 979 979 (INTEL SPT) (MIP). SUPPORT (LCSS). TION SYSTEM (DATA 073 CI HUMINT AUTO RE- 7,077 7,077 108 AUTOMATIC IDENTIFICA- 14,377 14,377 RADIO). PRINTING AND COL- TION TECHNOLOGY. 036 JOINT TACTICAL RADIO 556,250 526,250 LECTION. 109 TC AIMS II ...... 0 0 SYSTEM. 074 ITEMS LESS THAN $5 0 0 110 TACTICAL INTERNET MAN- 0 0 AMF integration ahead [–30,000] MILLION (MIP). AGER. of need. ELECT EQUIP—ELEC- 111 NETWORK MANAGEMENT 59,821 59,821 037 MID-TIER NETWORKING 86,219 86,219 TRONIC WARFARE INITIALIZATION AND VEHICULAR RADIO (EW) (MNVR). SERVICE. 075 LIGHTWEIGHT COUNTER 72,594 72,594 038 RADIO TERMINAL SET, 7,798 7,798 112 MANEUVER CONTROL 51,228 51,228 MORTAR RADAR. MIDS LVT(2). SYSTEM (MCS). 076 CREW ...... 15,446 15,446 039 SINCGARS FAMILY...... 9,001 9,001 113 SINGLE ARMY LOGISTICS 176,901 176,901 077 FMLY OF PERSISTENT 0 0 040 AMC CRITICAL ITEMS— 24,601 24,601 ENTERPRISE (SALE). SURVEILLANCE CAPA- OPA2. 114 RECONNAISSANCE AND 15,209 15,209 BILITIES. 041 TRACTOR DESK...... 7,779 7,779 SURVEYING INSTRU- 078 COUNTERINTELLIGENCE/ 1,470 1,470 042 CMMS-ELEC EQUIP 0 0 MENT SET. SECURITY COUNTER- FIELDING. ELECT EQUIP—AUTOMA- MEASURES. 043 SPIDER APLA REMOTE 34,365 13,365 TION 079 CI MODERNIZATION...... 1,368 1,368 CONTROL UNIT. 115 ARMY TRAINING MOD- 8,866 8,866 ELECT EQUIP—TACTICAL Funding ahead of [–21,000] ERNIZATION. SURV. (TAC SURV) need. 116 AUTOMATED DATA PROC- 129,438 129,438 044 SOLDIER ENHANCEMENT 1,833 1,833 080 FAAD GBS...... 7,980 7,980 ESSING EQUIP. PROGRAM COMM/ 081 SENTINEL MODS...... 33,444 33,444 117 GENERAL FUND ENTER- 9,184 9,184 ELECTRONICS. 082 SENSE THROUGH THE 6,212 0 PRISE BUSINESS SYS 045 TACTICAL COMMUNICA- 12,984 12,984 WALL (STTW). FAM. TIONS AND PROTEC- Slow execution of prior [–6,212] 118 CSS COMMUNICATIONS... 20,639 20,639 TIVE SYSTEM. years appropria- 119 RESERVE COMPONENT 35,493 35,493 046 COMBAT SURVIVOR 0 0 tions. AUTOMATION SYS EVADER LOCATOR 083 NIGHT VISION DEVICES ... 166,516 166,516 (RCAS). (CSEL). 084 LONG RANGE ADVANCED 0 0 ELECT EQUIP—AUDIO 047 GUNSHOT DETECTION 2,332 2,332 SCOUT SURVEILLANCE VISUAL SYS (A/V) SYSTEM (GDS). SYSTEM. 120 ITEMS LESS THAN $5 8,467 8,467 048 RADIO, IMPROVED HF 1,132 1,132 085 NIGHT VISION, THERMAL 82,162 82,162 MILLION (A/V). (COTS) FAMILY. WPN SIGHT. 121 ITEMS LESS THAN $5 5,309 5,309 049 MEDICAL COMM FOR CBT 22,899 22,899 086 SMALL TACTICAL OPTICAL 20,717 20,717 MILLION. CASUALTY CARE (MC4). RIFLE MOUNTED MLRF. ELECT EQUIP—SUPPORT COMM—INTELLIGENCE 087 COUNTER-ROCKET, AR- 0 0 122 PRODUCTION BASE SUP- 586 586 COMM TILLERY & MORTAR PORT (C-E). 051 CI AUTOMATION ARCHI- 1,564 1,564 (C-RAM). 123 BCT NETWORK...... 0 0 TECTURE. 088 BASE EXPEDITIARY TAR- 0 0 124 DEFENSE RAPID INNOVA- 0 0 052 RESERVE CA/MISO GPF 28,781 28,781 GETING AND SURV SYS. TION PROGRAM. EQUIPMENT. 089 GREEN LASER INTERDIC- 1,014 1,014 CLASSIFIED PROGRAMS INFORMATION SECURITY TION SYSTEM (GLIS). 124A CLASSIFIED PROGRAMS.. 3,435 3,435

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars) FY 2013 Senate FY 2013 Senate Line Item FY 2013 Senate Line Item Line Item Request Authorized Request Authorized Request Authorized

CHEMICAL DEFENSIVE 158 COMPACTOR ...... 0 0 OPA2 EQUIPMENT 159 LOADERS ...... 0 0 193 INITIAL SPARES—C&E.... 64,507 64,507 125 PROTECTIVE SYSTEMS.... 0 0 160 HYDRAULIC EXCAVATOR.. 0 0 TOTAL, OTHER PROCURE- 6,326,245 6,307,033 126 FAMILY OF NON-LETHAL 3,960 3,960 161 TRACTOR, FULL TRACKED 20,867 20,867 MENT, ARMY. EQUIPMENT (FNLE). 162 ALL TERRAIN CRANES ..... 4,003 4,003 127 BASE DEFENSE SYSTEMS 4,374 4,374 163 PLANT, ASPHALT MIXING 3,679 3,679 JOINT IMPR EXPLOSIVE (BDS). 164 HIGH MOBILITY ENGINEER 30,042 30,042 DEV DEFEAT FUND 128 CBRN SOLDIER PROTEC- 9,259 9,259 EXCAVATOR (HMEE). NETWORK ATTACK TION. 165 ENHANCED RAPID AIR- 13,725 13,725 001 ATTACK THE NETWORK .... 0 0 129 SMOKE & OBSCURANT 0 0 FIELD CONSTRUCTION JIEDDO DEVICE DEFEAT FAMILY: SOF (NON AAO CAPA. 002 DEFEAT THE DEVICE ...... 0 0 ITEM). 166 CONST EQUIP ESP ...... 13,351 13,351 FORCE TRAINING BRIDGING EQUIPMENT 167 ITEMS LESS THAN $5 9,134 9,134 003 TRAIN THE FORCE ...... 0 0 130 TACTICAL BRIDGING...... 35,499 35,499 MILLION (CONST STAFF AND INFRASTRUC- 131 TACTICAL BRIDGE, 32,893 32,893 EQUIP). TURE FLOAT-RIBBON. RAIL FLOAT 004 OPERATIONS ...... 227,414 0 ENGINEER (NON-CON- CONTAINERIZATION Transfer to OCO ...... [–227,414] STRUCTION) EQUIP- EQUIPMENT TOTAL, JOINT IMPR EX- 227,414 0 MENT 168 JOINT HIGH SPEED VES- 0 0 PLOSIVE DEV DEFEAT 132 HANDHELD STANDOFF 0 0 SEL (JHSV). FUND. MINEFIELD DETECTION 169 HARBORMASTER COM- 0 0 SYS-HST. MAND AND CONTROL AIRCRAFT PROCURE- 133 GRND STANDOFF MINE 0 0 CENTER. MENT, NAVY DETECTN SYSM 170 ITEMS LESS THAN $5 10,552 10,552 COMBAT AIRCRAFT (GSTAMIDS). MILLION (FLOAT/RAIL). 001 EA–18G ...... 1,027,443 1,027,443 134 ROBOTIC COMBAT SUP- 29,106 29,106 GENERATORS 002 ADVANCE PROCURE- 0 0 PORT SYSTEM (RCSS). 171 GENERATORS AND ASSO- 60,302 60,302 MENT (CY). 135 EXPLOSIVE ORDNANCE 25,459 25,459 CIATED EQUIP. 003 F/A–18E/F (FIGHTER) 2,035,131 2,035,131 DISPOSAL EQPMT (EOD MATERIAL HANDLING HORNET. EQPMT). EQUIPMENT 004 ADVANCE PROCURE- 30,296 90,296 136 REMOTE DEMOLITION 8,044 8,044 172 ROUGH TERRAIN CON- 0 0 MENT (CY). SYSTEMS. TAINER HANDLER Retain option for ad- [60,000] 137 <$5M, COUNTERMINE 3,698 3,698 (RTCH). ditional FY 14 air- EQUIPMENT. 173 FAMILY OF FORKLIFTS ..... 5,895 5,895 craft. COMBAT SERVICE SUP- 174 ALL TERRAIN LIFTING 0 0 005 JOINT STRIKE FIGHTER CV 1,007,632 1,007,632 PORT EQUIPMENT ARMY SYSTEM. 006 ADVANCE PROCURE- 65,180 65,180 138 HEATERS AND ECU’S ...... 12,210 12,210 TRAINING EQUIPMENT MENT (CY). 139 SOLDIER ENHANCEMENT 6,522 6,522 175 COMBAT TRAINING CEN- 104,649 104,649 007 JSF STOVL...... 1,404,737 1,404,737 140 PERSONNEL RECOVERY 11,222 11,222 TERS SUPPORT. 008 ADVANCE PROCURE- 106,199 106,199 SUPPORT SYSTEM 176 TRAINING DEVICES, NON- 125,251 125,251 MENT (CY). (PRSS). SYSTEM. 009 V–22 (MEDIUM LIFT) ...... 1,303,120 1,303,120 141 GROUND SOLDIER SYS- 103,317 103,317 177 CLOSE COMBAT TACTICAL 19,984 19,984 010 ADVANCE PROCURE- 154,202 154,202 TEM. TRAINER. MENT (CY). 142 MOUNTED SOLDIER SYS- 0 0 178 AVIATION COMBINED 10,977 10,977 011 H–1 UPGRADES (UH–1Y/ 720,933 720,933 TEM. ARMS TACTICAL AH–1Z). 143 FORCE PROVIDER...... 0 0 TRAINER. 012 ADVANCE PROCURE- 69,658 69,658 144 FIELD FEEDING EQUIP- 27,417 27,417 179 GAMING TECHNOLOGY IN 4,056 4,056 MENT (CY). MENT. SUPPORT OF ARMY 013 MH–60S (MYP)...... 384,792 384,792 145 CARGO AERIAL DEL & 52,065 52,065 TRAINING. 014 ADVANCE PROCURE- 69,277 69,277 PERSONNEL PARA- TEST MEASURE AND DIG MENT (CY). CHUTE SYSTEM. EQUIPMENT (TMD) 015 MH–60R (MYP)...... 656,866 656,866 146 MORTUARY AFFAIRS SYS- 2,358 2,358 180 CALIBRATION SETS 10,494 10,494 016 ADVANCE PROCURE- 185,896 185,896 TEMS. EQUIPMENT. MENT (CY). 147 FAMILY OF ENGR COM- 31,573 31,573 181 INTEGRATED FAMILY OF 45,508 45,508 017 P–8A POSEIDON...... 2,420,755 2,420,755 BAT AND CONSTRUC- TEST EQUIPMENT 018 ADVANCE PROCURE- 325,679 325,679 TION SETS. (IFTE). MENT (CY). 148 ITEMS LESS THAN $5 14,093 14,093 182 TEST EQUIPMENT MOD- 24,334 24,334 019 E–2D ADV HAWKEYE ...... 861,498 861,498 MILLION. ERNIZATION (TEMOD). 020 ADVANCE PROCURE- 123,179 123,179 PETROLEUM EQUIPMENT OTHER SUPPORT EQUIP- MENT (CY). 149 DISTRIBUTION SYSTEMS, 36,266 36,266 MENT AIRLIFT AIRCRAFT PETROLEUM & WATER. 183 RAPID EQUIPPING SOL- 5,078 5,078 021 C–40A ...... 0 0 MEDICAL EQUIPMENT DIER SUPPORT EQUIP- TRAINER AIRCRAFT 150 COMBAT SUPPORT MED- 34,101 34,101 MENT. 022 JPATS ...... 278,884 278,884 ICAL. 184 PHYSICAL SECURITY SYS- 46,301 46,301 OTHER AIRCRAFT 151 MEDEVAC MISSON EQUIP- 20,540 20,540 TEMS (OPA3). 023 KC–130J ...... 3,000 3,000 MENT PACKAGE (MEP). 185 BASE LEVEL COMMON 1,373 1,373 024 ADVANCE PROCURE- 22,995 22,995 MAINTENANCE EQUIP- EQUIPMENT. MENT (CY). MENT 186 MODIFICATION OF IN-SVC 59,141 59,141 025 ADVANCE PROCURE- 51,124 51,124 152 MOBILE MAINTENANCE 2,495 2,495 EQUIPMENT (OPA–3). MENT (CY). EQUIPMENT SYSTEMS. 187 PRODUCTION BASE SUP- 2,446 2,446 026 MQ–8 UAV...... 124,573 124,573 153 ITEMS LESS THAN $5 0 0 PORT (OTH). 027 STUASL0 UAV...... 9,593 9,593 MILLION (MAINT EQ). 188 SPECIAL EQUIPMENT FOR 12,920 12,920 MODIFICATION OF AIR- CONSTRUCTION EQUIP- USER TESTING. CRAFT MENT 189 AMC CRITICAL ITEMS 19,180 19,180 028 EA–6 SERIES...... 30,062 30,062 154 GRADER, ROAD MTZD, 2,028 2,028 OPA3. 029 AEA SYSTEMS...... 49,999 49,999 HVY, 6X4 (CCE). 190 TRACTOR YARD...... 7,368 7,368 030 AV–8 SERIES...... 38,703 38,703 155 SKID STEER LOADER 0 0 191 UNMANNED GROUND VE- 83,937 71,937 031 ADVERSARY ...... 4,289 4,289 (SSL) FAMILY OF SYS- HICLE. 032 F–18 SERIES...... 647,306 647,306 TEM. Transfer to PE [–12,000] 033 H–46 SERIES...... 2,343 2,343 156 SCRAPERS, 6,146 6,146 0604641A at Army 034 AH–1W SERIES...... 8,721 8,721 EARTHMOVING. request. 035 H–53 SERIES...... 45,567 45,567 157 MISSION MODULES—EN- 31,200 31,200 192 TRAINING LOGISTICS 0 0 036 SH–60 SERIES...... 83,527 83,527 GINEERING. MANAGEMENT. 037 H–1 SERIES...... 6,508 6,508

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars) FY 2013 Senate Line Item FY 2013 Senate Line Item FY 2013 Senate Request Authorized Request Authorized Line Item Request Authorized

038 EP–3 SERIES...... 66,374 66,374 SUPPORT EQUIPMENT & MARINE CORPS AMMUNI- 039 P–3 SERIES...... 148,405 148,405 FACILITIES TION 040 E–2 SERIES...... 16,322 16,322 016 WEAPONS INDUSTRIAL 2,014 2,014 015 SMALL ARMS AMMUNI- 83,733 83,733 041 TRAINER A/C SERIES ...... 34,284 34,284 FACILITIES. TION. 042 C–2A ...... 4,743 4,743 017 FLEET SATELLITE COMM 21,454 21,454 016 LINEAR CHARGES, ALL 24,645 24,645 043 C–130 SERIES...... 60,302 60,302 FOLLOW-ON. TYPES. 044 FEWSG ...... 670 670 ORDNANCE SUPPORT 017 40MM, ALL TYPES ...... 16,201 16,201 045 CARGO/TRANSPORT A/C 26,311 26,311 EQUIPMENT 018 60MM, ALL TYPES ...... 0 0 SERIES. 018 ORDNANCE SUPPORT 54,945 54,945 019 81MM, ALL TYPES ...... 13,711 3,711 046 E–6 SERIES...... 158,332 158,332 EQUIPMENT. Decrease for excess ... [–10,000] 047 EXECUTIVE HELICOPTERS 58,163 58,163 TORPEDOES AND RE- 020 120MM, ALL TYPES ...... 12,557 12,557 SERIES. LATED EQUIP 021 CTG 25MM, ALL TYPES ... 0 0 048 SPECIAL PROJECT AIR- 12,421 12,421 019 SSTD ...... 2,700 2,700 022 GRENADES, ALL TYPES ... 7,634 7,134 CRAFT. 020 ASW TARGETS...... 10,385 10,385 Decrease for excess ... [–500] 049 T–45 SERIES...... 64,488 64,488 MOD OF TORPEDOES AND 023 ROCKETS, ALL TYPES ...... 27,528 27,528 050 POWER PLANT CHANGES 21,569 21,569 RELATED EQUIP 024 ARTILLERY, ALL TYPES .... 93,065 93,065 051 JPATS SERIES...... 1,552 1,552 021 MK–54 TORPEDO MODS .. 74,487 74,487 025 DEMOLITION MUNITIONS, 2,047 47 ALL TYPES. 052 AVIATION LIFE SUPPORT 2,473 2,473 022 MK–48 TORPEDO ADCAP 54,281 54,281 Decrease for excess ... [–2,000] MODS. MODS. 026 FUZE, ALL TYPES ...... 5,297 5,297 053 COMMON ECM EQUIP- 114,690 114,690 023 QUICKSTRIKE MINE...... 6,852 6,852 027 NON LETHALS...... 1,362 1,362 MENT. SUPPORT EQUIPMENT 028 AMMO MODERNIZATION.. 4,566 4,566 054 COMMON AVIONICS 96,183 96,183 024 TORPEDO SUPPORT 46,402 46,402 029 ITEMS LESS THAN $5 6,010 6,010 CHANGES. EQUIPMENT. MILLION. 055 COMMON DEFENSIVE 0 0 025 ASW RANGE SUPPORT ..... 11,927 11,927 WEAPON SYSTEM. DESTINATION TRANSPOR- PRIOR YEAR SAVINGS 056 ID SYSTEMS...... 39,846 39,846 TATION 029B PRIOR YEAR SAVINGS ..... –88,300 057 P–8 SERIES...... 5,302 5,302 026 FIRST DESTINATION 3,614 3,614 Ammunition change in [–88,300] 058 MAGTF EW FOR AVIATION 34,127 34,127 TRANSPORTATION. requirements. 059 RQ–7 SERIES...... 49,324 49,324 GUNS AND GUN MOUNTS 060 V–22 (TILT/ROTOR ACFT) 95,856 95,856 027 SMALL ARMS AND WEAP- 12,594 12,594 TOTAL, PROCUREMENT 759,539 658,739 OSPREY. ONS. OF AMMO, NAVY & MC. AIRCRAFT SPARES AND MODIFICATION OF GUNS REPAIR PARTS AND GUN MOUNTS SHIPBUILDING & CON- 061 SPARES AND REPAIR 1,166,430 1,166,430 028 CIWS MODS...... 59,303 67,003 VERSION, NAVY PARTS. Buy additional ord- [7,700] OTHER WARSHIPS AIRCRAFT SUPPORT nance alteration 001 CARRIER REPLACEMENT 608,195 608,195 EQUIP & FACILITIES kits. PROGRAM. 062 COMMON GROUND 387,195 387,195 029 COAST GUARD WEAPONS 19,072 19,072 002 ADVANCE PROCURE- 0 0 EQUIPMENT. 030 GUN MOUNT MODS ...... 54,706 54,706 MENT (CY). 063 AIRCRAFT INDUSTRIAL 23,469 23,469 031 CRUISER MODERNIZATION 1,591 1,591 003 VIRGINIA CLASS SUB- 3,217,601 3,217,601 FACILITIES. WEAPONS. MARINE. 064 WAR CONSUMABLES...... 43,383 43,383 032 AIRBORNE MINE NEU- 20,607 20,607 004 ADVANCE PROCURE- 874,878 1,652,557 065 OTHER PRODUCTION 3,399 3,399 TRALIZATION SYSTEMS. MENT (CY). CHARGES. OTHER Advance procurement [777,679] 066 SPECIAL SUPPORT EQUIP- 32,274 32,274 033 CANCELLED ACCOUNT 0 0 for 2nd SSN in FY MENT. ADJUSTMENTS. 14. 067 FIRST DESTINATION 1,742 1,742 SPARES AND REPAIR 005 CVN REFUELING OVER- 1,613,392 1,613,392 TRANSPORTATION. PARTS HAULS. 068 CANCELLED ACCOUNT 0 0 034 SPARES AND REPAIR 60,150 60,150 006 ADVANCE PROCURE- 70,010 70,010 ADJUSTMENTS. PARTS. MENT (CY). TOTAL, AIRCRAFT PRO- 17,129,296 17,189,296 TOTAL, WEAPONS PRO- 3,117,578 3,125,278 007 SSBN ERO...... 0 0 CUREMENT, NAVY. CUREMENT, NAVY. 008 DDG 1000...... 669,222 669,222 009 DDG–51 ...... 3,048,658 3,048,658 WEAPONS PROCURE- PROCUREMENT OF 010 ADVANCE PROCURE- 466,283 466,283 MENT, NAVY AMMO, NAVY & MC MENT (CY). MODIFICATION OF MIS- NAVY AMMUNITION 011 LITTORAL COMBAT SHIP .. 1,784,959 1,784,959 SILES 001 GENERAL PURPOSE 27,024 27,024 012 ADVANCE PROCURE- 0 0 001 TRIDENT II MODS ...... 1,224,683 1,224,683 BOMBS. MENT (CY). SUPPORT EQUIPMENT & 002 AIRBORNE ROCKETS, ALL 56,575 56,575 AMPHIBIOUS SHIPS FACILITIES TYPES. 013 LPD–17 ...... 0 0 002 MISSILE INDUSTRIAL FA- 5,553 5,553 003 MACHINE GUN AMMUNI- 21,266 21,266 014 LHA REPLACEMENT...... 0 0 CILITIES. TION. 015 JOINT HIGH SPEED VES- 189,196 189,196 STRATEGIC MISSILES 004 PRACTICE BOMBS...... 34,319 34,319 SEL. 003 TOMAHAWK ...... 308,970 308,970 005 CARTRIDGES & CART AC- 53,755 53,755 AUXILIARIES, CRAFT AND TACTICAL MISSILES TUATED DEVICES. PRIOR YR PROGRAM 004 AMRAAM ...... 102,683 102,683 006 AIR EXPENDABLE COUN- 61,693 61,693 COST 005 SIDEWINDER ...... 80,226 80,226 TERMEASURES. 016 OCEANOGRAPHIC SHIPS.. 0 0 006 JSOW ...... 127,609 127,609 007 JATOS ...... 2,776 2,776 017 ADVANCE PROCURE- 307,300 307,300 007 STANDARD MISSILE...... 399,482 399,482 008 LRLAP 6″ LONG RANGE 7,102 7,102 MENT (CY). 008 RAM ...... 66,769 66,769 ATTACK PROJECTILE. 018 OUTFITTING ...... 309,648 309,648 009 HELLFIRE ...... 74,501 74,501 009 5 INCH/54 GUN AMMUNI- 48,320 48,320 019 SERVICE CRAFT...... 0 0 010 STAND OFF PRECISION 0 0 TION. 020 LCAC SLEP...... 47,930 47,930 GUIDED MUNITIONS 010 INTERMEDIATE CALIBER 25,544 25,544 021 COMPLETION OF PY SHIP- 372,573 372,573 (SOPGM). GUN AMMUNITION. BUILDING PROGRAMS. 011 AERIAL TARGETS...... 61,518 61,518 011 OTHER SHIP GUN AMMU- 41,624 41,624 TOTAL, SHIPBUILDING & 13,579,845 14,357,524 012 OTHER MISSILE SUPPORT 3,585 3,585 NITION. CONVERSION, NAVY. MODIFICATION OF MIS- 012 SMALL ARMS & LANDING 65,893 65,893 SILES PARTY AMMO. OTHER PROCUREMENT, 013 ESSM ...... 58,194 58,194 013 PYROTECHNIC AND DEM- 11,176 11,176 NAVY 014 HARM MODS...... 86,721 86,721 OLITION. SHIP PROPULSION 015 STANDARD MISSILES 0 0 014 AMMUNITION LESS THAN 4,116 4,116 EQUIPMENT MODS. $5 MILLION. 001 LM–2500 GAS TURBINE .. 10,658 10,658

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars)

FY 2013 Senate FY 2013 Senate Line Item FY 2013 Senate Line Item Request Authorized Line Item Request Authorized Request Authorized

002 ALLISON 501K GAS TUR- 8,469 8,469 044 MARITIME PATROL AND 18,428 18,428 082 COMMUNICATIONS ITEMS 28,522 28,522 BINE. RECONNAISSANCE UNDER $5M. NAVIGATION EQUIPMENT FORCE. 083 SUBMARINE BROADCAST 4,183 4,183 003 OTHER NAVIGATION 23,392 23,392 ELECTRONIC WARFARE SUPPORT. EQUIPMENT. EQUIPMENT 084 SUBMARINE COMMUNICA- 69,025 69,025 PERISCOPES 045 AN/SLQ–32 ...... 92,270 92,270 TION EQUIPMENT. 004 SUB PERISCOPES & IM- 53,809 53,809 RECONNAISSANCE SATELLITE COMMUNICA- AGING EQUIP. EQUIPMENT TIONS OTHER SHIPBOARD 046 SHIPBOARD IW EXPLOIT .. 107,060 107,060 085 SATELLITE COMMUNICA- 49,294 49,294 EQUIPMENT 047 AUTOMATED IDENTIFICA- 914 914 TIONS SYSTEMS. 005 DDG MOD...... 452,371 452,371 TION SYSTEM (AIS). 086 NAVY MULTIBAND TER- 184,825 184,825 006 FIREFIGHTING EQUIPMENT 16,958 16,958 SUBMARINE SURVEIL- MINAL (NMT). 007 COMMAND AND CONTROL 2,492 2,492 LANCE EQUIPMENT SHORE COMMUNICA- SWITCHBOARD. 048 SUBMARINE SUPPORT 34,050 34,050 TIONS 008 POLLUTION CONTROL 20,707 20,707 EQUIPMENT PROG. 087 JCS COMMUNICATIONS 2,180 2,180 EQUIPMENT. OTHER SHIP ELECTRONIC EQUIPMENT. 009 SUBMARINE SUPPORT 12,046 12,046 EQUIPMENT 088 ELECTRICAL POWER SYS- 1,354 1,354 EQUIPMENT. 049 COOPERATIVE ENGAGE- 27,881 27,881 TEMS. 010 VIRGINIA CLASS SUPPORT 79,870 79,870 MENT CAPABILITY. 089 NAVAL SHORE COMMU- 0 0 EQUIPMENT. 050 TRUSTED INFORMATION 448 448 NICATIONS. 011 LCS CLASS SUPPORT 19,865 19,865 SYSTEM (TIS). CRYPTOGRAPHIC EQUIP- EQUIPMENT. 051 NAVAL TACTICAL COM- 35,732 35,732 MENT 012 SUBMARINE BATTERIES.. 41,522 41,522 MAND SUPPORT SYS- 090 INFO SYSTEMS SECURITY 144,104 144,104 013 LPD CLASS SUPPORT 30,543 30,543 TEM (NTCSS). PROGRAM (ISSP). EQUIPMENT. 052 ATDLS ...... 0 0 CRYPTOLOGIC EQUIP- 014 STRATEGIC PLATFORM 16,257 16,257 053 NAVY COMMAND AND 9,533 9,533 MENT SUPPORT EQUIP. CONTROL SYSTEM 091 CRYPTOLOGIC COMMU- 12,604 12,604 015 DSSP EQUIPMENT...... 3,630 3,630 (NCCS). NICATIONS EQUIP. 016 CG MODERNIZATION...... 101,000 101,000 054 MINESWEEPING SYSTEM 60,111 60,111 OTHER ELECTRONIC SUP- 017 LCAC ...... 16,645 16,645 REPLACEMENT. PORT 018 UNDERWATER EOD PRO- 35,446 35,446 055 SHALLOW WATER MCM ... 6,950 6,950 092 COAST GUARD EQUIP- 6,680 6,680 GRAMS. 056 NAVSTAR GPS RECEIVERS 9,089 9,089 MENT. 019 ITEMS LESS THAN $5 65,998 65,998 (SPACE). 093 DEFENSE RAPID INNOVA- 0 0 MILLION. 057 AMERICAN FORCES 7,768 7,768 TION PROGRAM. 020 CHEMICAL WARFARE DE- 4,359 4,359 RADIO AND TV SERV- DRUG INTERDICTION TECTORS. ICE. SUPPORT 021 SUBMARINE LIFE SUP- 10,218 10,218 058 STRATEGIC PLATFORM 3,614 3,614 094 OTHER DRUG INTERDIC- 0 0 PORT SYSTEM. SUPPORT EQUIP. TION SUPPORT. REACTOR PLANT EQUIP- TRAINING EQUIPMENT SONOBUOYS MENT 059 OTHER TRAINING EQUIP- 42,911 42,911 095 SONOBUOYS—ALL TYPES 104,677 104,677 022 REACTOR POWER UNITS 286,859 286,859 MENT. AIRCRAFT SUPPORT 023 REACTOR COMPONENTS.. 278,503 278,503 AVIATION ELECTRONIC EQUIPMENT OCEAN ENGINEERING EQUIPMENT 096 WEAPONS RANGE SUP- 70,753 70,753 024 DIVING AND SALVAGE 8,998 8,998 060 MATCALS ...... 5,861 5,861 PORT EQUIPMENT. EQUIPMENT. 061 SHIPBOARD AIR TRAFFIC 8,362 8,362 097 EXPEDITIONARY AIR- 8,678 8,678 SMALL BOATS CONTROL. FIELDS. 025 STANDARD BOATS...... 30,131 30,131 062 AUTOMATIC CARRIER 15,685 15,685 098 AIRCRAFT REARMING 11,349 11,349 TRAINING EQUIPMENT LANDING SYSTEM. EQUIPMENT. 026 OTHER SHIPS TRAINING 29,772 29,772 063 NATIONAL AIR SPACE 16,919 16,919 099 AIRCRAFT LAUNCH & RE- 82,618 82,618 EQUIPMENT. SYSTEM. COVERY EQUIPMENT. PRODUCTION FACILITIES 064 FLEET AIR TRAFFIC CON- 6,828 6,828 100 METEOROLOGICAL EQUIP- 18,339 18,339 EQUIPMENT TROL SYSTEMS. MENT. 027 OPERATING FORCES IPE 64,346 64,346 065 LANDING SYSTEMS...... 7,646 7,646 101 DCRS/DPL ...... 1,414 1,414 OTHER SHIP SUPPORT 066 ID SYSTEMS...... 35,474 35,474 102 AVIATION LIFE SUPPORT 40,475 40,475 028 NUCLEAR ALTERATIONS.. 154,652 154,652 067 NAVAL MISSION PLAN- 9,958 9,958 103 AIRBORNE MINE COUN- 61,552 61,552 029 LCS COMMON MISSION 31,319 31,319 NING SYSTEMS. TERMEASURES. MODULES EQUIPMENT. OTHER SHORE ELEC- 104 LAMPS MK III SHIPBOARD 18,771 18,771 030 LCS MCM MISSION MOD- 38,392 38,392 TRONIC EQUIPMENT EQUIPMENT. ULES. 068 DEPLOYABLE JOINT COM- 9,064 9,064 105 PORTABLE ELECTRONIC 7,954 7,954 031 LCS SUW MISSION MOD- 32,897 32,897 MAND AND CONT. MAINTENANCE AIDS. ULES. 069 MARITIME INTEGRATED 16,026 16,026 106 OTHER AVIATION SUP- 10,023 10,023 LOGISTIC SUPPORT BROADCAST SYSTEM. PORT EQUIPMENT. 032 LSD MIDLIFE...... 49,758 49,758 070 TACTICAL/MOBILE C4I 11,886 11,886 107 AUTONOMIC LOGISTICS 3,826 3,826 SHIP RADARS SYSTEMS. INFORMATION SYSTEM 033 RADAR SUPPORT...... 0 0 071 DCGS-N ...... 11,887 11,887 (ALIS). 034 SPQ–9B RADAR...... 19,777 19,777 072 CANES ...... 341,398 341,398 SHIP GUN SYSTEM 035 AN/SQQ–89 SURF ASW 89,201 89,201 073 RADIAC ...... 8,083 8,083 EQUIPMENT COMBAT SYSTEM. 074 CANES-INTELL ...... 79,427 79,427 108 NAVAL FIRES CONTROL 3,472 3,472 036 SSN ACOUSTICS...... 190,874 190,874 075 GPETE ...... 6,083 6,083 SYSTEM. 037 UNDERSEA WARFARE 17,035 17,035 076 INTEG COMBAT SYSTEM 4,495 4,495 109 GUN FIRE CONTROL 4,528 4,528 SUPPORT EQUIPMENT. TEST FACILITY. EQUIPMENT. 038 SONAR SWITCHES AND 13,410 13,410 077 EMI CONTROL INSTRU- 4,767 4,767 SHIP MISSILE SYSTEMS TRANSDUCERS. MENTATION. EQUIPMENT 039 ELECTRONIC WARFARE 0 0 078 ITEMS LESS THAN $5 81,755 81,755 110 NATO SEASPARROW...... 8,960 8,960 MILDEC. MILLION. 111 RAM GMLS...... 1,185 1,185 ASW ELECTRONIC EQUIP- SHIPBOARD COMMU- 112 SHIP SELF DEFENSE SYS- 55,371 55,371 MENT NICATIONS TEM. 040 SUBMARINE ACOUSTIC 21,489 21,489 079 SHIPBOARD TACTICAL 0 0 113 AEGIS SUPPORT EQUIP- 81,614 81,614 WARFARE SYSTEM. COMMUNICATIONS. MENT. 041 SSTD ...... 10,716 10,716 080 SHIP COMMUNICATIONS 56,870 56,870 114 TOMAHAWK SUPPORT 77,767 77,767 042 FIXED SURVEILLANCE 98,896 98,896 AUTOMATION. EQUIPMENT. SYSTEM. 081 MARITIME DOMAIN 1,063 1,063 115 VERTICAL LAUNCH SYS- 754 754 043 SURTASS ...... 2,774 2,774 AWARENESS (MDA). TEMS.

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116 MARITIME INTEGRATED 4,965 4,965 153 SPARES AND REPAIR 250,718 250,718 035A CLASSIFIED PROGRAMS.. 2,290 2,290 PLANNING SYSTEM— PARTS. ADMINISTRATIVE VEHI- MIPS. TOTAL, OTHER PROCURE- 6,169,378 6,169,378 CLES FBM SUPPORT EQUIP- MENT, NAVY. 035 COMMERCIAL PASSENGER 2,877 2,877 MENT VEHICLES. 117 STRATEGIC MISSILE SYS- 181,049 181,049 PROCUREMENT, MARINE 036 COMMERCIAL CARGO VE- 13,960 13,960 TEMS EQUIP. CORPS HICLES. 118 SSN COMBAT CONTROL 71,316 71,316 TRACKED COMBAT VEHI- TACTICAL VEHICLES SYSTEMS. CLES 037 5/4T TRUCK HMMWV 8,052 8,052 119 SUBMARINE ASW SUP- 4,018 4,018 001 AAV7A1 PIP...... 16,089 16,089 (MYP). PORT EQUIPMENT. 002 LAV PIP...... 186,216 46,216 038 MOTOR TRANSPORT 50,269 50,269 120 SURFACE ASW SUPPORT 6,465 6,465 LAV procurement ac- [–140,000] MODIFICATIONS. EQUIPMENT. quisition objective 039 MEDIUM TACTICAL VEHI- 0 0 121 ASW RANGE SUPPORT 47,930 47,930 change. CLE REPLACEMENT. EQUIPMENT. ARTILLERY AND OTHER 040 LOGISTICS VEHICLE SYS- 37,262 37,262 OTHER ORDNANCE SUP- WEAPONS TEM REP. PORT EQUIPMENT 003 EXPEDITIONARY FIRE 2,502 2,502 041 FAMILY OF TACTICAL 48,160 48,160 122 EXPLOSIVE ORDNANCE 3,579 3,579 SUPPORT SYSTEM. TRAILERS. DISPOSAL EQUIP. 004 155MM LIGHTWEIGHT 17,913 17,913 042 TRAILERS ...... 0 0 123 ITEMS LESS THAN $5 3,125 3,125 TOWED HOWITZER. OTHER SUPPORT MILLION. 005 HIGH MOBILITY ARTIL- 47,999 47,999 043 ITEMS LESS THAN $5 6,705 6,705 OTHER EXPENDABLE LERY ROCKET SYSTEM. MILLION. ORDNANCE 006 WEAPONS AND COMBAT 17,706 17,706 ENGINEER AND OTHER 124 ANTI-SHIP MISSILE 31,743 31,743 VEHICLES UNDER $5 EQUIPMENT DECOY SYSTEM. MILLION. 044 ENVIRONMENTAL CON- 13,576 13,576 125 SURFACE TRAINING DE- 34,174 34,174 OTHER SUPPORT TROL EQUIP ASSORT. VICE MODS. 007 MODIFICATION KITS...... 48,040 48,040 045 BULK LIQUID EQUIPMENT 16,869 16,869 126 SUBMARINE TRAINING 23,450 23,450 008 WEAPONS ENHANCEMENT 4,537 4,537 046 TACTICAL FUEL SYSTEMS 19,108 19,108 DEVICE MODS. PROGRAM. 047 POWER EQUIPMENT AS- 56,253 56,253 CIVIL ENGINEERING SUP- GUIDED MISSILES SORTED. PORT EQUIPMENT 009 GROUND BASED AIR DE- 11,054 11,054 048 AMPHIBIOUS SUPPORT 13,089 13,089 127 PASSENGER CARRYING 7,158 7,158 FENSE. EQUIPMENT. VEHICLES. 010 JAVELIN ...... 0 0 049 EOD SYSTEMS...... 73,699 73,699 128 GENERAL PURPOSE 3,325 3,325 011 FOLLOW ON TO SMAW ..... 19,650 19,650 MATERIALS HANDLING TRUCKS. 012 ANTI-ARMOR WEAPONS 20,708 20,708 EQUIPMENT 129 CONSTRUCTION & MAIN- 8,692 8,692 SYSTEM-HEAVY 050 PHYSICAL SECURITY 3,510 3,510 TENANCE EQUIP. (AAWS-H). EQUIPMENT. 130 FIRE FIGHTING EQUIP- 14,533 14,533 OTHER SUPPORT 051 GARRISON MOBILE ENGI- 11,490 11,490 MENT. 013 MODIFICATION KITS...... 0 0 NEER EQUIPMENT 131 TACTICAL VEHICLES...... 15,330 15,330 COMMAND AND CONTROL (GMEE). 132 AMPHIBIOUS EQUIPMENT 10,803 10,803 SYSTEMS 052 MATERIAL HANDLING 20,659 20,659 133 POLLUTION CONTROL 7,265 7,265 014 UNIT OPERATIONS CEN- 1,420 1,420 EQUIP. EQUIPMENT. TER. 053 FIRST DESTINATION 132 132 134 ITEMS UNDER $5 MIL- 15,252 15,252 REPAIR AND TEST TRANSPORTATION. LION. EQUIPMENT GENERAL PROPERTY 135 PHYSICAL SECURITY VE- 1,161 1,161 015 REPAIR AND TEST EQUIP- 25,127 25,127 054 FIELD MEDICAL EQUIP- 31,068 31,068 HICLES. MENT. MENT. SUPPLY SUPPORT OTHER SUPPORT (TEL) 055 TRAINING DEVICES...... 45,895 45,895 EQUIPMENT 016 COMBAT SUPPORT SYS- 25,822 25,822 056 CONTAINER FAMILY...... 5,801 5,801 136 MATERIALS HANDLING 15,204 15,204 TEM. 057 FAMILY OF CONSTRUC- 23,939 23,939 EQUIPMENT. 017 MODIFICATION KITS...... 2,831 2,831 TION EQUIPMENT. 137 OTHER SUPPLY SUPPORT 6,330 6,330 COMMAND AND CONTROL 058 FAMILY OF INTERNALLY 0 0 EQUIPMENT. SYSTEM (NON-TEL) TRANSPORTABLE VEH 138 FIRST DESTINATION 6,539 6,539 018 ITEMS UNDER $5 MIL- 5,498 5,498 (ITV). TRANSPORTATION. LION (COMM & ELEC). 059 BRIDGE BOATS...... 0 0 139 SPECIAL PURPOSE SUP- 34,804 34,804 019 AIR OPERATIONS C2 SYS- 11,290 11,290 060 RAPID DEPLOYABLE 8,365 8,365 PLY SYSTEMS. TEMS. KITCHEN. TRAINING DEVICES RADAR + EQUIPMENT OTHER SUPPORT 140 TRAINING SUPPORT 25,444 25,444 (NON-TEL) 061 ITEMS LESS THAN $5 7,077 7,077 EQUIPMENT. 020 RADAR SYSTEMS...... 128,079 128,079 MILLION. COMMAND SUPPORT 021 RQ–21 UAS...... 27,619 27,619 SPARES AND REPAIR EQUIPMENT INTELL/COMM EQUIP- PARTS 141 COMMAND SUPPORT 43,165 43,165 MENT (NON-TEL) 062 SPARES AND REPAIR 3,190 3,190 EQUIPMENT. 022 FIRE SUPPORT SYSTEM ... 7,319 7,319 PARTS. 142 EDUCATION SUPPORT 2,251 2,251 023 INTELLIGENCE SUPPORT 7,466 7,466 EQUIPMENT. EQUIPMENT. PRIOR YEAR SAVINGS 143 MEDICAL SUPPORT 3,148 3,148 025 RQ–11 UAV...... 2,318 2,318 062A PRIOR YEAR SAVINGS ..... –135,200 EQUIPMENT. 026 DCGS-MC ...... 18,291 18,291 LAV procurement ac- [–135,200] 146 NAVAL MIP SUPPORT 3,502 3,502 OTHER COMM/ELEC quisition objective EQUIPMENT. EQUIPMENT (NON-TEL) change PY. 148 OPERATING FORCES SUP- 15,696 15,696 029 NIGHT VISION EQUIPMENT 48,084 48,084 PORT EQUIPMENT. OTHER SUPPORT (NON- TOTAL, PROCUREMENT, 1,622,955 1,347,755 149 C4ISR EQUIPMENT...... 4,344 4,344 TEL) MARINE CORPS. 150 ENVIRONMENTAL SUP- 19,492 19,492 030 COMMON COMPUTER RE- 206,708 206,708 PORT EQUIPMENT. SOURCES. AIRCRAFT PROCURE- 151 PHYSICAL SECURITY 177,149 177,149 031 COMMAND POST SYS- 35,190 35,190 MENT, AIR FORCE EQUIPMENT. TEMS. TACTICAL FORCES 152 ENTERPRISE INFORMA- 183,995 183,995 032 RADIO SYSTEMS...... 89,059 89,059 001 F–35 ...... 3,124,302 3,124,302 TION TECHNOLOGY. 033 COMM SWITCHING & 22,500 22,500 002 ADVANCE PROCURE- 293,400 293,400 CLASSIFIED PROGRAMS CONTROL SYSTEMS. MENT (CY). 152A CLASSIFIED PROGRAMS.. 13,063 13,063 034 COMM & ELEC INFRA- 42,625 42,625 003 F–22A ...... 0 0 SPARES AND REPAIR STRUCTURE SUPPORT. 004 C–17A (MYP)...... 0 0 PARTS CLASSIFIED PROGRAMS OTHER AIRLIFT

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005 C–130J ...... 68,373 68,373 062 C–40 ...... 243 243 MISSILE PROCUREMENT, 006 ADVANCE PROCURE- 0 0 063 C–130 ...... 67,853 67,853 AIR FORCE MENT (CY). 064 C–130 INTEL...... 0 0 MISSILE REPLACEMENT 007 HC–130J ...... 152,212 152,212 065 C–130J MODS...... 70,555 70,555 EQUIPMENT—BAL- 008 ADVANCE PROCURE- 0 0 066 C–135 ...... 46,707 46,707 LISTIC MENT (CY). 067 COMPASS CALL MODS .... 50,024 50,024 001 MISSILE REPLACEMENT 56,906 56,906 009 MC–130J ...... 374,866 374,866 068 RC–135 ...... 165,237 165,237 EQ-BALLISTIC. 010 ADVANCE PROCURE- 0 0 069 E–3 ...... 193,099 193,099 TACTICAL MENT (CY). 070 E–4 ...... 47,616 47,616 002 JASSM ...... 240,399 240,399 011 HC/MC–130 RECAP...... 0 0 071 E–8 ...... 59,320 71,320 003 SIDEWINDER (AIM–9X).... 88,020 88,020 012 C–27J ...... 0 0 Restart production line [12,000] 004 AMRAAM ...... 229,637 229,637 UPT TRAINERS for the JSTARS re- 005 PREDATOR HELLFIRE 47,675 47,675 013 LIGHT MOBILITY AIR- 0 0 engining program. MISSILE. CRAFT. 072 H–1 ...... 5,449 5,449 006 SMALL DIAMETER BOMB 42,000 42,000 014 USAFA POWERED FLIGHT 0 0 073 H–60 ...... 26,227 26,227 INDUSTRIAL FACILITIES PROGRAM. 074 RQ–4 MODS...... 9,257 9,257 007 INDUSTR’L PREPAREDNS/ 744 744 HELICOPTERS 075 HC/MC–130 MODIFICA- 22,326 22,326 POL PREVENTION. 015 HH–60 LOSS REPLACE- 60,596 60,596 TIONS. CLASS IV MENT/RECAP. 076 OTHER AIRCRAFT...... 18,832 18,832 008 ADVANCED CRUISE MIS- 0 0 016 COMMON VERTICAL LIFT 0 0 077 MQ–1 MODS...... 30,861 30,861 SILE. 078 MQ–9 MODS...... 238,360 238,360 SUPPORT PLATFORM 009 MM III MODIFICATIONS .... 54,794 54,794 079 MQ–9 UAS PAYLOADS ..... 93,461 93,461 (CVLSP). 010 AGM–65D MAVERICK...... 271 271 080 CV–22 MODS...... 23,881 23,881 017 CV–22 (MYP)...... 294,220 294,220 011 AGM–88A HARM...... 23,240 23,240 018 ADVANCE PROCURE- 15,000 15,000 AIRCRAFT SPARES AND 012 AIR LAUNCH CRUISE MIS- 13,620 13,620 MENT (CY). REPAIR PARTS SILE (ALCM). MISSION SUPPORT AIR- 081 INITIAL SPARES/REPAIR 729,691 729,691 013 SMALL DIAMETER BOMB 5,000 5,000 CRAFT PARTS. MISSILE SPARES AND 019 CIVIL AIR PATROL A/C .... 2,498 2,498 COMMON SUPPORT REPAIR PARTS 020 LIGHT ATTACK ARMED 0 0 EQUIPMENT 014 INITIAL SPARES/REPAIR 74,373 74,373 RECON ACFT. 082 AIRCRAFT REPLACEMENT 56,542 56,542 PARTS. 021 RQ–11 ...... 0 0 SUPPORT EQUIP. SPACE PROGRAMS 022 STUASL0 ...... 0 0 POST PRODUCTION SUP- 015 ADVANCED EHF...... 557,205 557,205 OTHER AIRCRAFT PORT 016 ADVANCE PROCURE- 0 0 023 INTERIM GATEWAY...... 0 0 083 A–10 ...... 5,100 5,100 MENT (CY). 024 TARGET DRONES...... 129,866 129,866 084 B–1 ...... 965 965 017 WIDEBAND GAPFILLER 36,835 36,835 025 C–37A ...... 0 0 085 B–2A ...... 0 0 SATELLITES(SPACE). 026 RQ–4 ...... 75,000 75,000 086 B–2A ...... 47,580 47,580 018 ADVANCE PROCURE- 0 0 027 ADVANCE PROCURE- 0 0 087 C–5 ...... 0 0 MENT (CY). MENT (CY). 088 KC–10A (ATCA)...... 13,100 13,100 019 GPS III SPACE SEGMENT 410,294 410,294 028 AC–130J ...... 163,970 163,970 089 C–17A ...... 181,703 181,703 020 ADVANCE PROCURE- 82,616 82,616 029 ADVANCE PROCURE- 0 0 090 C–130 ...... 31,830 31,830 MENT (CY). MENT (CY). 091 C–135 ...... 13,434 13,434 021 SPACEBORNE EQUIP 10,554 10,554 030 MQ–9 ...... 553,530 553,530 092 F–15 ...... 2,363 2,363 (COMSEC). 031 RQ–4 BLOCK 40 PROC ... 11,654 11,654 093 F–16 ...... 8,506 8,506 STRATEGIC AIRCRAFT 094 HH–60 PPS...... 0 0 022 GLOBAL POSITIONING 58,147 58,147 032 B–2A ...... 82,296 82,296 095 T–6 ...... 0 0 (SPACE). 033 B–1B ...... 149,756 149,756 096 OTHER AIRCRAFT...... 9,522 9,522 023 DEF METEOROLOGICAL 89,022 89,022 034 B–52 ...... 9,781 9,781 INDUSTRIAL PREPARED- SAT PROG(SPACE). 035 LARGE AIRCRAFT INFRA- 28,800 28,800 NESS 024 EVOLVED EXPENDABLE 1,679,856 1,679,856 RED COUNTER- 097 INDUSTRIAL RESPONSIVE- 20,731 20,731 LAUNCH VEH(SPACE). MEASURES. NESS. 025 SBIR HIGH (SPACE) ...... 454,251 454,251 TACTICAL AIRCRAFT WAR CONSUMABLES 026 ADVANCE PROCURE- 0 0 036 A–10 ...... 89,919 89,919 098 WAR CONSUMABLES...... 89,727 89,727 MENT (CY). 037 F–15 ...... 148,378 148,378 OTHER PRODUCTION SPECIAL PROGRAMS 038 F–16 ...... 6,896 6,896 CHARGES 028 DEFENSE SPACE RECONN 0 0 039 F–22A ...... 283,871 283,871 099 OTHER PRODUCTION 842,392 842,392 PROGRAM. 040 F–35 MODIFICATIONS...... 147,995 147,995 CHARGES. 030 SPECIAL UPDATE PRO- 138,904 138,904 AIRLIFT AIRCRAFT DARP GRAMS. 041 C–5 ...... 6,967 6,967 103 U–2 ...... 0 0 CLASSIFIED PROGRAMS 042 ADVANCE PROCURE- 0 0 CLASSIFIED PROGRAMS 030A CLASSIFIED PROGRAMS.. 1,097,483 1,097,483 MENT (CY). 103A CLASSIFIED PROGRAMS.. 20,164 20,164 TOTAL, MISSILE PRO- 5,491,846 5,491,846 043 C–5M ...... 944,819 944,819 CUREMENT, AIR 044 ADVANCE PROCURE- 175,800 175,800 PRIOR YEAR SAVINGS FORCE. MENT (CY). 103B PRIOR YEAR SAVINGS ..... –920,748 045 C–9C ...... 0 0 Light attack armed re- [–115,049] PROCUREMENT OF AM- 046 C–17A ...... 205,079 205,079 connaissance MUNITION, AIR FORCE 047 C–21 ...... 199 199 (LAAR) cancellation. ROCKETS 048 C–32A ...... 1,750 1,750 Light mobiilty aircraft [–65,296] 001 ROCKETS ...... 8,927 8,927 049 C–37A ...... 445 445 cancellation. CARTRIDGES 050 C–130 AMP...... 0 0 Common vertical lift [–52,800] 002 CARTRIDGES ...... 118,075 118,075 TRAINER AIRCRAFT support platform BOMBS 051 GLIDER MODS...... 126 126 (CVLSP) cancella- 003 PRACTICE BOMBS...... 32,393 32,393 052 T–6 ...... 15,494 15,494 tion. 004 GENERAL PURPOSE 163,467 163,467 053 T–1 ...... 272 272 C–130 AMP cancella- [–207,163] BOMBS. 054 T–38 ...... 20,455 20,455 tion. 005 JOINT DIRECT ATTACK 101,921 101,921 OTHER AIRCRAFT RQ–4 Global Hawk [–480,440] MUNITION. 055 U–2 MODS...... 0 0 Block 30 cancella- FLARE, IR MJU–7B 056 U–2 MODS...... 44,477 44,477 tion. 006 CAD/PAD ...... 43,829 43,829 057 KC–10A (ATCA)...... 46,921 46,921 007 EXPLOSIVE ORDNANCE 7,515 7,515 058 C–12 ...... 1,876 1,876 TOTAL, AIRCRAFT PRO- 11,002,999 10,094,251 DISPOSAL (EOD). 059 MC–12W ...... 17,054 17,054 CUREMENT, AIR 008 SPARES AND REPAIR 1,003 1,003 060 C–20 MODS...... 243 243 FORCE. PARTS. 061 VC–25A MOD...... 11,185 11,185 009 MODIFICATIONS ...... 5,321 5,321

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars)

FY 2013 Senate Line Item FY 2013 Senate FY 2013 Senate Line Item Request Authorized Request Authorized Line Item Request Authorized

010 ITEMS LESS THAN $5 5,066 5,066 028 AF GLOBAL COMMAND & 15,829 15,829 071 SPARES AND REPAIR 14,663 14,663 MILLION. CONTROL SYS. PARTS. FUZES 029 MOBILITY COMMAND AND 11,023 11,023 TOTAL, OTHER PROCURE- 16,720,848 16,720,848 011 FLARES ...... 46,010 46,010 CONTROL. MENT, AIR FORCE. 012 FUZES ...... 36,444 36,444 030 AIR FORCE PHYSICAL SE- 64,521 64,521 SMALL ARMS CURITY SYSTEM. PROCUREMENT, DE- 013 SMALL ARMS...... 29,223 29,223 031 COMBAT TRAINING 18,217 18,217 FENSE-WIDE TOTAL, PROCUREMENT 599,194 599,194 RANGES. MAJOR EQUIPMENT, BTA OF AMMUNITION, AIR 032 C3 COUNTERMEASURES.. 11,899 11,899 001 MAJOR EQUIPMENT, BTA 0 0 FORCE. 033 GCSS-AF FOS...... 13,920 13,920 MAJOR EQUIPMENT, 034 THEATER BATTLE MGT C2 9,365 9,365 DCAA OTHER PROCUREMENT, SYSTEM. 002 ITEMS LESS THAN $5 1,486 1,486 AIR FORCE 035 AIR & SPACE OPER- 33,907 33,907 MILLION. PASSENGER CARRYING ATIONS CTR-WPN SYS. MAJOR EQUIPMENT, VEHICLES AIR FORCE COMMUNICA- DCMA 001 PASSENGER CARRYING 1,905 1,905 TIONS 003 MAJOR EQUIPMENT...... 2,129 2,129 VEHICLES. 036 INFORMATION TRANSPORT 52,464 52,464 EQUIPMENT CARGO AND UTILITY VE- SYSTEMS. 004 EQUIPMENT ...... 0 0 HICLES 037 BASE INFO INFRASTRUC- 0 0 MAJOR EQUIPMENT, 002 MEDIUM TACTICAL VEHI- 18,547 18,547 TURE. DHRA CLE. 038 AFNET ...... 125,788 125,788 005 PERSONNEL ADMINISTRA- 6,147 6,147 003 CAP VEHICLES...... 932 932 039 VOICE SYSTEMS...... 16,811 16,811 TION. 004 ITEMS LESS THAN $5 1,699 1,699 040 USCENTCOM ...... 32,138 32,138 MAJOR EQUIPMENT, DISA MILLION. DISA PROGRAMS 012 INFORMATION SYSTEMS 12,708 12,708 SPECIAL PURPOSE VEHI- 041 SPACE BASED IR SENSOR 47,135 47,135 SECURITY. CLES PGM SPACE. 013 GLOBAL COMMAND AND 0 0 005 SECURITY AND TACTICAL 10,850 10,850 042 NAVSTAR GPS SPACE ...... 2,031 2,031 CONTROL SYSTEM. VEHICLES. 043 NUDET DETECTION SYS 5,564 5,564 014 GLOBAL COMBAT SUP- 3,002 3,002 006 ITEMS LESS THAN $5 9,246 9,246 SPACE. PORT SYSTEM. MILLION. 044 AF SATELLITE CONTROL 44,219 44,219 015 TELEPORT PROGRAM...... 46,992 46,992 FIRE FIGHTING EQUIP- NETWORK SPACE. MENT 016 ITEMS LESS THAN $5 108,462 108,462 007 FIRE FIGHTING/CRASH 23,148 23,148 045 SPACELIFT RANGE SYS- 109,545 109,545 MILLION. RESCUE VEHICLES. TEM SPACE. 017 NET CENTRIC ENTER- 2,865 2,865 MATERIALS HANDLING 046 MILSATCOM SPACE...... 47,592 47,592 PRISE SERVICES EQUIPMENT 047 SPACE MODS SPACE ...... 47,121 47,121 (NCES). 008 ITEMS LESS THAN $5 18,323 18,323 048 COUNTERSPACE SYSTEM 20,961 20,961 018 DEFENSE INFORMATION 116,906 116,906 MILLION. ORGANIZATION AND BASE SYSTEM NETWORK. BASE MAINTENANCE 049 TACTICAL C-E EQUIP- 126,131 126,131 019 PUBLIC KEY INFRA- 1,827 1,827 SUPPORT MENT. STRUCTURE. 009 RUNWAY SNOW REMOV 1,685 1,685 050 COMBAT SURVIVOR 23,707 23,707 020 DRUG INTERDICTION 0 0 AND CLEANING EQU. EVADER LOCATER. SUPPORT. 010 ITEMS LESS THAN $5 17,014 17,014 051 RADIO EQUIPMENT...... 12,757 12,757 021 CYBER SECURITY INITIA- 10,319 10,319 MILLION. 052 CCTV/AUDIOVISUAL 10,716 10,716 TIVE. CANCELLED ACCOUNT EQUIPMENT. MAJOR EQUIPMENT, DLA ADJUSTMENTS 053 BASE COMM INFRA- 74,528 74,528 022 MAJOR EQUIPMENT...... 9,575 9,575 011 CANCELLED ACCOUNT 0 0 STRUCTURE. MAJOR EQUIPMENT, ADJUSTMENTS. MODIFICATIONS DMACT COMM SECURITY EQUIP- 054 COMM ELECT MODS ...... 43,507 43,507 023 MAJOR EQUIPMENT...... 15,179 15,179 MENT(COMSEC) PERSONAL SAFETY & MAJOR EQUIPMENT, 012 COMSEC EQUIPMENT...... 166,559 166,559 RESCUE EQUIP DODEA 013 MODIFICATIONS 1,133 1,133 055 NIGHT VISION GOGGLES .. 22,693 22,693 024 AUTOMATION/EDU- 1,458 1,458 (COMSEC). 056 ITEMS LESS THAN $5 30,887 30,887 CATIONAL SUPPORT & INTELLIGENCE PRO- MILLION. LOGISTICS. GRAMS DEPOT PLANT+MTRLS MAJOR EQUIPMENT, DE- 014 INTELLIGENCE TRAINING 2,749 2,749 HANDLING EQ FENSE SECURITY CO- EQUIPMENT. 057 MECHANIZED MATERIAL 2,850 2,850 OPERATION AGENCY 015 INTELLIGENCE COMM 32,876 32,876 HANDLING EQUIP. 025 EQUIPMENT ...... 0 0 EQUIPMENT. BASE SUPPORT EQUIP- MAJOR EQUIPMENT, DSS 016 ADVANCE TECH SENSORS 877 877 MENT 026 MAJOR EQUIPMENT...... 2,522 2,522 017 MISSION PLANNING SYS- 15,295 15,295 058 BASE PROCURED EQUIP- 8,387 8,387 MAJOR EQUIPMENT, DE- TEMS. MENT. FENSE THREAT RE- ELECTRONICS PROGRAMS 059 CONTINGENCY OPER- 10,358 10,358 DUCTION AGENCY 018 AIR TRAFFIC CONTROL & 21,984 21,984 ATIONS. 027 VEHICLES ...... 50 50 LANDING SYS. 060 PRODUCTIVITY CAPITAL 3,473 3,473 028 OTHER MAJOR EQUIP- 13,096 13,096 019 NATIONAL AIRSPACE SYS- 30,698 30,698 INVESTMENT. MENT. TEM. 061 RAPID IMPROVEMENT 0 0 MAJOR EQUIPMENT, DTSA 020 BATTLE CONTROL SYS- 17,368 17,368 PROCUREMENT INOVAT. 029 MAJOR EQUIPMENT...... 0 0 TEM—FIXED. 062 MOBILITY EQUIPMENT..... 14,471 14,471 MAJOR EQUIPMENT, MIS- 021 THEATER AIR CONTROL 23,483 23,483 063 ITEMS LESS THAN $5 1,894 1,894 SILE DEFENSE AGEN- SYS IMPROVEMENTS. MILLION. CY 022 WEATHER OBSERVATION 17,864 17,864 SPECIAL SUPPORT 030 THAAD ...... 460,728 560,728 FORECAST. PROJECTS THAAD Interceptors ..... [100,000] 023 STRATEGIC COMMAND 53,995 53,995 065 DARP RC135...... 24,176 24,176 031 AEGIS BMD...... 389,626 389,626 AND CONTROL. 066 DCGS-AF ...... 142,928 142,928 032 BMDS AN/TPY–2 RADARS 217,244 217,244 024 CHEYENNE MOUNTAIN 14,578 14,578 068 SPECIAL UPDATE PRO- 479,446 479,446 033 RADAR SPARES...... 10,177 10,177 COMPLEX. GRAM. 034 IRON DOME...... 0 0 025 TAC SIGINT SPT ...... 208 208 069 DEFENSE SPACE RECON- 39,155 39,155 MAJOR EQUIPMENT, NSA 026 DRUG INTERDICTION SPT 0 0 NAISSANCE PROG.. 041 INFORMATION SYSTEMS 6,770 6,770 SPCL COMM-ELEC- CLASSIFIED PROGRAMS SECURITY PROGRAM TRONICS PROJECTS 069A CLASSIFIED PROGRAMS.. 14,331,312 14,331,312 (ISSP). 027 GENERAL INFORMATION 69,743 69,743 SPARES AND REPAIR MAJOR EQUIPMENT, OSD TECHNOLOGY. PARTS 042 MAJOR EQUIPMENT, OSD 45,938 45,938

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SEC. 4101. PROCUREMENT SEC. 4101. PROCUREMENT SEC. 4102. PROCUREMENT FOR OVERSEAS CON- (In Thousands of Dollars) (In Thousands of Dollars) TINGENCY OPERATIONS. FY 2013 Senate FY 2013 Senate Line Item Request Authorized Line Item Request Authorized SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) 043 MAJOR EQUIPMENT, IN- 17,582 17,582 083 GLOBAL VIDEO SURVEIL- 6,549 6,549 Line Item FY 2013 Senate TELLIGENCE. LANCE ACTIVITIES. Request Authorized MAJOR EQUIPMENT, TJS 084 OPERATIONAL ENHANCE- 32,335 32,335 AIRCRAFT PROCURE- 044 MAJOR EQUIPMENT, TJS .. 21,878 21,878 MENTS INTELLIGENCE. MENT, ARMY MAJOR EQUIPMENT, WHS 085 SOLDIER PROTECTION 15,153 15,153 ROTARY 045 MAJOR EQUIPMENT, WHS 26,550 26,550 AND SURVIVAL SYS- 009 AH–64 APACHE BLOCK 71,000 0 CLASSIFIED PROGRAMS TEMS. 045A CLASSIFIED PROGRAMS.. 555,787 555,787 IIIB NEW BUILD. 086 VISUAL AUGMENTATION 33,920 33,920 AVIATION PROGRAMS Funding ahead of [–71,000] LASERS AND SENSOR 046 ROTARY WING UPGRADES 74,832 74,832 need. SYSTEMS. AND SUSTAINMENT. 012 KIOWA WARRIOR (OH– 183,900 183,900 087 TACTICAL RADIO SYS- 75,132 75,132 047 MH–47 SERVICE LIFE EX- 0 0 58F) WRA. TEMS. TENSION PROGRAM. 015 CH–47 HELICOPTER...... 231,300 231,300 048 MH–60 MODERNIZATION 126,780 126,780 088 MARITIME EQUIPMENT.... 0 0 TOTAL, AIRCRAFT PRO- 486,200 415,200 PROGRAM. 089 DRUG INTERDICTION...... 0 0 CUREMENT, ARMY. 049 NON-STANDARD AVIATION 99,776 37,000 090 MISCELLANEOUS EQUIP- 6,667 6,667 Transfer to Line 51 at [–62,776] MENT. MISSILE PROCUREMENT, USSOCOM request. 091 OPERATIONAL ENHANCE- 217,972 243,272 ARMY 050 TANKER RECAPITALIZA- 0 0 MENTS. SURFACE-TO-AIR MIS- TION. USSOCOM UFR ...... [25,300] SILE SYSTEM 051 U–28 ...... 7,530 116,906 092 MILITARY INFORMATION 27,417 27,417 004 HELLFIRE SYS SUMMARY 29,100 29,100 Transfer from Line 49 [62,776] SUPPORT OPERATIONS. 008 GUIDED MLRS ROCKET 20,553 20,553 at USSOCOM re- CLASSIFIED PROGRAMS (GMLRS). quest. TOTAL, MISSILE PRO- 49,653 49,653 092A CLASSIFIED PROGRAMS.. 0 0 USSOCOM UFR ...... [46,600] CUREMENT, ARMY. CBDP 052 MH–47 CHINOOK...... 134,785 134,785 093 INSTALLATION FORCE 24,025 24,025 053 RQ–11 UNMANNED AER- 2,062 2,062 PROCUREMENT OF PROTECTION. IAL VEHICLE. W&TCV, ARMY 054 CV–22 MODIFICATION..... 139,147 139,147 094 INDIVIDUAL PROTECTION 73,720 73,720 MOD OF WEAPONS AND 055 MQ–1 UNMANNED AERIAL 3,963 26,963 095 DECONTAMINATION ...... 506 506 OTHER COMBAT VEH VEHICLE. 096 JOINT BIO DEFENSE PRO- 32,597 32,597 036 M16 RIFLE MODS ...... 15,422 15,422 USSOCOM UFR ...... [23,000] GRAM (MEDICAL). TOTAL, PROCUREMENT 15,422 15,422 056 MQ–9 UNMANNED AERIAL 3,952 39,352 097 COLLECTIVE PROTECTION 3,144 3,144 OF W&TCV, ARMY. VEHICLE. 098 CONTAMINATION AVOID- 164,886 164,886 USSOCOM UFR ...... [35,400] ANCE. PROCUREMENT OF AM- 057 RQ–7 UNMANNED AERIAL 0 0 TOTAL, PROCUREMENT, 4,187,935 4,422,335 MUNITION, ARMY VEHICLE. DEFENSE-WIDE. SMALL/MEDIUM CAL AM- 058 STUASL0 ...... 12,945 12,945 MUNITION 059 PRECISION STRIKE PACK- 73,013 73,013 NATIONAL GUARD & RE- 003 CTG, HANDGUN, ALL 1,500 1,500 AGE. SERVE EQUIPMENT TYPES. 060 AC/MC–130J ...... 51,484 51,484 004 CTG, .50 CAL, ALL TYPES 10,000 10,000 061 MQ–8 UAV...... 0 0 ARMY RESERVE 007 CTG, 30MM, ALL TYPES .. 80,000 80,000 062 C–130 MODIFICATIONS... 25,248 25,248 001 MISCELLANEOUS EQUIP- 0 0 MORTAR AMMUNITION 063 AIRCRAFT SUPPORT...... 5,314 5,314 MENT. 009 60MM MORTAR, ALL 14,000 14,000 SHIPBUILDING NAVY RESERVE TYPES. 064 UNDERWATER SYSTEMS.. 23,037 15,037 002 MISCELLANEOUS EQUIP- 0 0 010 81MM MORTAR, ALL 6,000 6,000 Transfer to RDDW Line [–8,000] MENT. TYPES. 272 at USSOCOM MARINE CORPS RESERVE 011 120MM MORTAR, ALL 56,000 56,000 request. 003 MISCELLANEOUS EQUIP- 0 0 TYPES. 065 SEAL DELIVERY VEHICLE 0 0 MENT. ARTILLERY AMMUNITION AMMUNITION PROGRAMS AIR FORCE RESERVE 013 ARTILLERY CARTRIDGES, 29,956 29,956 066 ORDNANCE REPLENISH- 113,183 113,183 004 MISCELLANEOUS EQUIP- 0 0 75MM AND 105MM, MENT. MENT. ALL TYP. 067 ORDNANCE ACQUISITION 36,981 36,981 014 ARTILLERY PROJECTILE, 37,044 37,044 OTHER PROCUREMENT ARMY NATIONAL GUARD 155MM, ALL TYPES. PROGRAMS 005 MISCELLANEOUS EQUIP- 0 0 068 COMMUNICATIONS EQUIP- 99,838 103,738 MENT. 015 PROJ 155MM EXTENDED 12,300 12,300 MENT AND ELEC- AIR NATIONAL GUARD RANGE XM982. TRONICS. 006 MISCELLANEOUS EQUIP- 0 0 016 ARTILLERY PROPELLANTS, 17,000 17,000 USSOCOM UFR ...... [3,900] MENT. FUZES AND PRIMERS, ALL. 069 INTELLIGENCE SYSTEMS 71,428 71,428 NATIONAL GUARD AIR- MINES 070 SMALL ARMS AND WEAP- 27,108 27,108 CRAFT 017 MINES & CLEARING 12,000 12,000 ONS. 007 MISCELLANEOUS EQUIP- 0 0 CHARGES, ALL TYPES. 071 DISTRIBUTED COMMON 12,767 15,967 MENT. ROCKETS GROUND/SURFACE TOTAL, NATIONAL GUARD 0 0 020 ROCKET, HYDRA 70, ALL 63,635 63,635 SYSTEMS. & RESERVE EQUIP- TYPES. USSOCOM UFR ...... [3,200] MENT. 073 MARITIME EQUIPMENT 0 0 OTHER AMMUNITION MODIFICATIONS. 023 SIGNALS, ALL TYPES ...... 16,858 16,858 JOINT URGENT OPER- 074 COMBATANT CRAFT SYS- 42,348 42,348 MISCELLANEOUS ATIONAL NEEDS FUND TEMS. 028 ITEMS LESS THAN $5 1,200 1,200 075 SPARES AND REPAIR 600 600 JOINT URGENT OPER- MILLION. PARTS. ATIONAL NEEDS FUND PRODUCTION BASE SUP- 077 TACTICAL VEHICLES...... 37,421 37,421 001 JOINT URGENT OPER- 99,477 99,477 PORT 078 MISSION TRAINING AND 36,949 41,949 ATIONAL NEEDS FUND. TOTAL, PROCUREMENT 357,493 357,493 PREPARATION SYS- TOTAL, JOINT URGENT 99,477 99,477 OF AMMUNITION, TEMS. OPERATIONAL NEEDS ARMY. USSOCOM UFR ...... [5,000] FUND. 079 COMBAT MISSION RE- 20,255 20,255 OTHER PROCUREMENT, QUIREMENTS. TOTAL, PROCUREMENT ... 97,432,379 96,959,163 ARMY 080 MILCON COLLATERAL 17,590 17,590 TACTICAL VEHICLES EQUIPMENT. 002 FAMILY OF MEDIUM TAC- 28,247 28,247 082 AUTOMATION SYSTEMS... 66,573 66,573 TICAL VEH (FMTV).

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars) FY 2013 Senate FY 2013 Senate Line Item Line Item FY 2013 Senate Line Item Request Authorized Request Authorized Request Authorized

004 FAMILY OF HEAVY TAC- 2,050 2,050 176 TRAINING DEVICES, NON- 27,250 27,250 001 GENERAL PURPOSE 18,000 18,000 TICAL VEHICLES SYSTEM. BOMBS. (FHTV). 178 AVIATION COMBINED 1,000 1,000 002 AIRBORNE ROCKETS, ALL 80,200 80,200 011 HMMWV RECAPITALIZA- 271,000 271,000 ARMS TACTICAL TYPES. TION PROGRAM. TRAINER. 003 MACHINE GUN AMMUNI- 21,500 21,500 014 MINE-RESISTANT AM- 927,400 927,400 179 GAMING TECHNOLOGY IN 5,900 5,900 TION. BUSH-PROTECTED SUPPORT OF ARMY 006 AIR EXPENDABLE COUN- 20,303 20,303 (MRAP) MODS. TRAINING. TERMEASURES. COMM—INTELLIGENCE OTHER SUPPORT EQUIP- 011 OTHER SHIP GUN AMMU- 532 532 COMM MENT NITION. 052 RESERVE CA/MISO GPF 8,000 8,000 183 RAPID EQUIPPING SOL- 98,167 91,167 012 SMALL ARMS & LANDING 2,643 2,643 EQUIPMENT. DIER SUPPORT EQUIP- PARTY AMMO. COMM—BASE COMMU- MENT. 013 PYROTECHNIC AND DEM- 2,322 2,322 NICATIONS Slow execution of prior [–37,000] OLITION. 061 INSTALLATION INFO IN- 25,000 65,000 years appropria- 014 AMMUNITION LESS THAN 6,308 6,308 FRASTRUCTURE MOD tions. $5 MILLION. PROGRAM(. Solar power units ...... [30,000] MARINE CORPS AMMUNI- Transfer from OMA [40,000] TOTAL, OTHER PROCURE- 2,015,907 2,048,907 TION OCO at SOUTHCOM MENT, ARMY. 015 SMALL ARMS AMMUNI- 10,948 10,948 request. TION. ELECT EQUIP—TACT INT JOINT IMPR EXPLOSIVE 016 LINEAR CHARGES, ALL 9,940 9,940 REL ACT (TIARA) DEV DEFEAT FUND TYPES. 017 40MM, ALL TYPES ...... 5,963 5,963 069 DCGS–A (MIP)...... 90,355 90,355 NETWORK ATTACK 001 ATTACK THE NETWORK .... 950,500 850,500 020 120MM, ALL TYPES ...... 11,605 11,605 073 CI HUMINT AUTO RE- 6,516 6,516 Program decrease— [–100,000] 021 CTG 25MM, ALL TYPES ... 2,831 2,831 PRINTING AND COL- under execution. 022 GRENADES, ALL TYPES ... 2,359 2,359 LECTION. JIEDDO DEVICE DEFEAT 023 ROCKETS, ALL TYPES ...... 3,051 3,051 ELECT EQUIP—ELEC- 002 DEFEAT THE DEVICE ...... 400,000 350,000 024 ARTILLERY, ALL TYPES .... 54,886 54,886 TRONIC WARFARE Program decrease— [–50,000] 025 DEMOLITION MUNITIONS, 1,391 1,391 (EW) under execution & ALL TYPES. 075 LIGHTWEIGHT COUNTER 27,646 27,646 program delays. 026 FUZE, ALL TYPES ...... 30,945 30,945 MORTAR RADAR. FORCE TRAINING 027 NON LETHALS...... 8 8 077 FMLY OF PERSISTENT 52,000 52,000 003 TRAIN THE FORCE ...... 149,500 128,500 029 ITEMS LESS THAN $5 12 12 SURVEILLANCE CAPA- Program decrease— [–21,000] MILLION. BILITIES. under execution & TOTAL, PROCUREMENT 285,747 285,747 078 COUNTERINTELLIGENCE/ 205,209 205,209 program delays. OF AMMO, NAVY & MC. SECURITY COUNTER- STAFF AND INFRASTRUC- MEASURES. TURE OTHER PROCUREMENT, ELECT EQUIP—TACTICAL 004 OPERATIONS ...... 175,400 373,814 NAVY SURV. (TAC SURV) Transfer from Base .... [227,414] OTHER SHORE ELEC- 092 MOD OF IN-SVC EQUIP 14,600 14,600 Program decrease— [–29,000] TRONIC EQUIPMENT (FIREFINDER RADARS). excessive contractor 070 TACTICAL/MOBILE C4I 3,603 3,603 099 COUNTERFIRE RADARS... 54,585 54,585 service support. SYSTEMS. ELECT EQUIP—TACTICAL TOTAL, JOINT IMPR EX- 1,675,400 1,702,814 AIRCRAFT SUPPORT C2 SYSTEMS PLOSIVE DEV DEFEAT EQUIPMENT 102 FIRE SUPPORT C2 FAMILY 22,430 22,430 FUND. 097 EXPEDITIONARY AIR- 58,200 58,200 103 BATTLE COMMAND 2,400 2,400 FIELDS. SUSTAINMENT SUP- AIRCRAFT PROCURE- CIVIL ENGINEERING SUP- PORT SYSTEM. MENT, NAVY PORT EQUIPMENT 112 MANEUVER CONTROL 6,400 6,400 COMBAT AIRCRAFT 127 PASSENGER CARRYING 3,901 3,901 SYSTEM (MCS). 011 H–1 UPGRADES (UH–1Y/ 29,800 29,800 VEHICLES. 113 SINGLE ARMY LOGISTICS 5,160 5,160 AH–1Z). 128 GENERAL PURPOSE 852 852 ENTERPRISE (SALE). MODIFICATION OF AIR- TRUCKS. CHEMICAL DEFENSIVE CRAFT 129 CONSTRUCTION & MAIN- 2,436 2,436 EQUIPMENT 030 AV–8 SERIES...... 42,238 42,238 TENANCE EQUIP. 126 FAMILY OF NON-LETHAL 15,000 15,000 032 F–18 SERIES...... 41,243 41,243 130 FIRE FIGHTING EQUIP- 3,798 3,798 EQUIPMENT (FNLE). 035 H–53 SERIES...... 15,870 15,870 MENT. 127 BASE DEFENSE SYSTEMS 66,100 66,100 038 EP–3 SERIES...... 13,030 13,030 131 TACTICAL VEHICLES...... 13,394 13,394 (BDS). 043 C–130 SERIES...... 16,737 16,737 134 ITEMS UNDER $5 MIL- 375 375 ENGINEER (NON-CON- 048 SPECIAL PROJECT AIR- 2,714 2,714 LION. STRUCTION) EQUIP- CRAFT. COMMAND SUPPORT MENT 054 COMMON AVIONICS 570 570 EQUIPMENT 135 EXPLOSIVE ORDNANCE 3,565 3,565 CHANGES. 149 C4ISR EQUIPMENT...... 3,000 3,000 DISPOSAL EQPMT (EOD AIRCRAFT SUPPORT 151 PHYSICAL SECURITY 9,323 9,323 EQPMT). EQUIP & FACILITIES EQUIPMENT. COMBAT SERVICE SUP- 062 COMMON GROUND 2,380 2,380 TOTAL, OTHER PROCURE- 98,882 98,882 PORT EQUIPMENT EQUIPMENT. MENT, NAVY. 143 FORCE PROVIDER...... 39,700 39,700 TOTAL, AIRCRAFT PRO- 164,582 164,582 145 CARGO AERIAL DEL & 650 650 CUREMENT, NAVY. PROCUREMENT, MARINE PERSONNEL PARA- CORPS CHUTE SYSTEM. WEAPONS PROCURE- TRACKED COMBAT VEHI- PETROLEUM EQUIPMENT MENT, NAVY CLES 149 DISTRIBUTION SYSTEMS, 2,119 2,119 TACTICAL MISSILES 002 LAV PIP...... 10,000 10,000 PETROLEUM & WATER. 009 HELLFIRE ...... 17,000 17,000 ARTILLERY AND OTHER MAINTENANCE EQUIP- 010 STAND OFF PRECISION 6,500 6,500 WEAPONS MENT GUIDED MUNITIONS 005 HIGH MOBILITY ARTIL- 108,860 108,860 152 MOBILE MAINTENANCE 428 428 (SOPGM). LERY ROCKET SYSTEM. EQUIPMENT SYSTEMS. TOTAL, WEAPONS PRO- 23,500 23,500 GUIDED MISSILES 153 ITEMS LESS THAN $5 30 30 CUREMENT, NAVY. 010 JAVELIN ...... 29,158 29,158 MILLION (MAINT EQ). OTHER SUPPORT TRAINING EQUIPMENT PROCUREMENT OF 013 MODIFICATION KITS...... 41,602 41,602 175 COMBAT TRAINING CEN- 7,000 7,000 AMMO, NAVY & MC REPAIR AND TEST TERS SUPPORT. NAVY AMMUNITION EQUIPMENT

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SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) (In Thousands of Dollars) (In Thousands of Dollars) FY 2013 Senate Line Item FY 2013 Senate FY 2013 Senate Line Item Request Authorized Line Item Request Authorized Request Authorized

015 REPAIR AND TEST EQUIP- 13,632 13,632 081 INITIAL SPARES/REPAIR 21,900 21,900 027 GENERAL INFORMATION 11,157 11,157 MENT. PARTS. TECHNOLOGY. OTHER SUPPORT (TEL) OTHER PRODUCTION ORGANIZATION AND BASE 017 MODIFICATION KITS...... 2,831 2,831 CHARGES 049 TACTICAL C–E EQUIP- 7,000 7,000 COMMAND AND CONTROL 099 OTHER PRODUCTION 59,000 59,000 MENT. SYSTEM (NON-TEL) CHARGES. 053 BASE COMM INFRA- 10,654 10,654 019 AIR OPERATIONS C2 SYS- 15,575 15,575 TOTAL, AIRCRAFT PRO- 305,600 305,600 STRUCTURE. TEMS. CUREMENT, AIR MODIFICATIONS RADAR + EQUIPMENT FORCE. 054 COMM ELECT MODS ...... 8,000 8,000 (NON-TEL) PERSONAL SAFETY & 020 RADAR SYSTEMS...... 8,015 8,015 MISSILE PROCUREMENT, RESCUE EQUIP INTELL/COMM EQUIP- AIR FORCE 055 NIGHT VISION GOGGLES .. 902 902 MENT (NON-TEL) TACTICAL BASE SUPPORT EQUIP- 023 INTELLIGENCE SUPPORT 35,310 35,310 005 PREDATOR HELLFIRE 34,350 34,350 MENT EQUIPMENT. MISSILE. 059 CONTINGENCY OPER- 60,090 60,090 OTHER COMM/ELEC TOTAL, MISSILE PRO- 34,350 34,350 ATIONS. EQUIPMENT (NON-TEL) CUREMENT, AIR 062 MOBILITY EQUIPMENT..... 9,400 9,400 029 NIGHT VISION EQUIPMENT 652 652 FORCE. 063 ITEMS LESS THAN $5 9,175 9,175 OTHER SUPPORT (NON- MILLION. TEL) PROCUREMENT OF AM- CLASSIFIED PROGRAMS 030 COMMON COMPUTER RE- 19,807 19,807 MUNITION, AIR FORCE 069A CLASSIFIED PROGRAMS.. 2,672,317 2,672,317 SOURCES. CARTRIDGES SPARES AND REPAIR 032 RADIO SYSTEMS...... 36,482 36,482 002 CARTRIDGES ...... 13,592 13,592 PARTS 033 COMM SWITCHING & 41,295 41,295 BOMBS 071 SPARES AND REPAIR 2,300 2,300 CONTROL SYSTEMS. 004 GENERAL PURPOSE 23,211 23,211 PARTS. TACTICAL VEHICLES BOMBS. TOTAL, OTHER PROCURE- 2,818,270 2,818,270 039 MEDIUM TACTICAL VEHI- 10,466 10,466 005 JOINT DIRECT ATTACK 53,923 53,923 MENT, AIR FORCE. CLE REPLACEMENT. MUNITION. 041 FAMILY OF TACTICAL 7,642 7,642 FLARE, IR MJU–7B PROCUREMENT, DE- TRAILERS. 006 CAD/PAD ...... 2,638 2,638 FENSE-WIDE ENGINEER AND OTHER 010 ITEMS LESS THAN $5 2,600 2,600 MAJOR EQUIPMENT, DISA EQUIPMENT MILLION. 015 TELEPORT PROGRAM...... 5,260 5,260 045 BULK LIQUID EQUIPMENT 18,239 18,239 CLASSIFIED PROGRAMS 046 TACTICAL FUEL SYSTEMS 51,359 51,359 FUZES 045A CLASSIFIED PROGRAMS.. 126,201 126,201 047 POWER EQUIPMENT AS- 20,247 20,247 011 FLARES ...... 11,726 11,726 AVIATION PROGRAMS SORTED. 012 FUZES ...... 8,513 8,513 061 MQ–8 UAV...... 16,500 16,500 049 EOD SYSTEMS...... 362,658 362,658 TOTAL, PROCUREMENT 116,203 116,203 OTHER PROCUREMENT MATERIALS HANDLING OF AMMUNITION, AIR PROGRAMS EQUIPMENT FORCE. 068 COMMUNICATIONS EQUIP- 151 151 050 PHYSICAL SECURITY 55,500 55,500 MENT AND ELEC- EQUIPMENT. OTHER PROCUREMENT, TRONICS. 052 MATERIAL HANDLING 19,100 19,100 AIR FORCE 069 INTELLIGENCE SYSTEMS 30,528 30,528 EQUIP. CARGO AND UTILITY VE- 077 TACTICAL VEHICLES...... 1,843 1,843 GENERAL PROPERTY HICLES 082 AUTOMATION SYSTEMS... 1,000 1,000 054 FIELD MEDICAL EQUIP- 15,751 15,751 002 MEDIUM TACTICAL VEHI- 2,010 2,010 086 VISUAL AUGMENTATION 108 108 MENT. CLE. LASERS AND SENSOR 055 TRAINING DEVICES...... 3,602 3,602 004 ITEMS LESS THAN $5 2,675 2,675 SYSTEMS. 057 FAMILY OF CONSTRUC- 15,900 15,900 MILLION. 091 OPERATIONAL ENHANCE- 14,758 14,758 TION EQUIPMENT. SPECIAL PURPOSE VEHI- MENTS. TOTAL, PROCUREMENT, 943,683 943,683 CLES TOTAL, PROCUREMENT, 196,349 196,349 MARINE CORPS. 006 ITEMS LESS THAN $5 2,557 2,557 MILLION. DEFENSE-WIDE. AIRCRAFT PROCURE- MATERIALS HANDLING JOINT URGENT OPER- MENT, AIR FORCE EQUIPMENT ATIONAL NEEDS FUND STRATEGIC AIRCRAFT 008 ITEMS LESS THAN $5 4,329 4,329 001 JOINT URGENT OPER- 100,000 100,000 035 LARGE AIRCRAFT INFRA- 139,800 139,800 MILLION. ATIONAL NEEDS FUND. RED COUNTER- BASE MAINTENANCE TOTAL, JOINT URGENT 100,000 100,000 MEASURES. SUPPORT OPERATIONAL NEEDS OTHER AIRCRAFT 009 RUNWAY SNOW REMOV 984 984 FUND. 055 U–2 MODS...... 46,800 46,800 AND CLEANING EQU. 063 C–130 ...... 11,400 11,400 010 ITEMS LESS THAN $5 9,120 9,120 067 COMPASS CALL MODS .... 14,000 14,000 MILLION. TOTAL, PROCUREMENT ... 9,687,241 9,676,655 068 RC–135 ...... 8,000 8,000 ELECTRONICS PROGRAMS 075 HC/MC–130 MODIFICA- 4,700 4,700 022 WEATHER OBSERVATION 5,600 5,600 TITLE XLII—RESEARCH, DEVELOPMENT, TIONS. FORECAST. TEST, AND EVALUATION AIRCRAFT SPARES AND SPCL COMM-ELEC- SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND REPAIR PARTS TRONICS PROJECTS EVALUATION.

SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 001 0601101A IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 20,860 20,860 002 0601102A DEFENSE RESEARCH SCIENCES ...... 219,180 219,180 003 0601103A UNIVERSITY RESEARCH INITIATIVES ...... 80,986 80,986 004 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...... 123,045 123,045 SUBTOTAL, BASIC RESEARCH ...... 444,071 444,071

APPLIED RESEARCH 005 0602105A MATERIALS TECHNOLOGY...... 29,041 29,041

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

006 0602120A SENSORS AND ELECTRONIC SURVIVABILITY ...... 45,260 45,260 007 0602122A TRACTOR HIP...... 22,439 22,439 008 0602211A AVIATION TECHNOLOGY...... 51,607 51,607 009 0602270A ELECTRONIC WARFARE TECHNOLOGY ...... 15,068 15,068 010 0602303A MISSILE TECHNOLOGY...... 49,383 49,383 011 0602307A ADVANCED WEAPONS TECHNOLOGY ...... 25,999 25,999 012 0602308A ADVANCED CONCEPTS AND SIMULATION ...... 23,507 23,507 013 0602601A COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ...... 69,062 69,062 014 0602618A BALLISTICS TECHNOLOGY...... 60,823 60,823 015 0602622A CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...... 4,465 4,465 016 0602623A JOINT SERVICE SMALL ARMS PROGRAM ...... 7,169 7,169 017 0602624A WEAPONS AND MUNITIONS TECHNOLOGY ...... 35,218 35,218 018 0602705A ELECTRONICS AND ELECTRONIC DEVICES ...... 60,300 60,300 019 0602709A NIGHT VISION TECHNOLOGY ...... 53,244 53,244 020 0602712A COUNTERMINE SYSTEMS...... 18,850 18,850 021 0602716A HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 19,872 19,872 022 0602720A ENVIRONMENTAL QUALITY TECHNOLOGY ...... 20,095 20,095 023 0602782A COMMAND, CONTROL, COMMUNICATIONS TECHNOLOGY ...... 28,852 28,852 024 0602783A COMPUTER AND SOFTWARE TECHNOLOGY ...... 9,830 9,830 025 0602784A MILITARY ENGINEERING TECHNOLOGY ...... 70,693 70,693 026 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY...... 17,781 17,781 027 0602786A WARFIGHTER TECHNOLOGY...... 28,281 28,281 028 0602787A MEDICAL TECHNOLOGY...... 107,891 107,891 SUBTOTAL, APPLIED RESEARCH ...... 874,730 874,730

ADVANCED TECHNOLOGY DEVELOPMENT 029 0603001A WARFIGHTER ADVANCED TECHNOLOGY ...... 39,359 39,359 030 0603002A MEDICAL ADVANCED TECHNOLOGY ...... 69,580 69,580 031 0603003A AVIATION ADVANCED TECHNOLOGY ...... 64,215 64,215 032 0603004A WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...... 67,613 67,613 033 0603005A COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...... 104,359 104,359 034 0603006A COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY ...... 4,157 4,157 035 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY ...... 9,856 9,856 036 0603008A ELECTRONIC WARFARE ADVANCED TECHNOLOGY ...... 50,661 50,661 037 0603009A TRACTOR HIKE...... 9,126 9,126 038 0603015A NEXT GENERATION TRAINING & SIMULATION SYSTEMS ...... 17,257 17,257 039 0603020A TRACTOR ROSE...... 9,925 9,925 040 0603105A MILITARY HIV RESEARCH ...... 6,984 6,984 041 0603125A COMBATING TERRORISM—TECHNOLOGY DEVELOPMENT ...... 9,716 9,716 042 0603130A TRACTOR NAIL...... 3,487 3,487 043 0603131A TRACTOR EGGS...... 2,323 2,323 044 0603270A ELECTRONIC WARFARE TECHNOLOGY ...... 21,683 21,683 045 0603313A MISSILE AND ROCKET ADVANCED TECHNOLOGY ...... 71,111 71,111 046 0603322A TRACTOR CAGE...... 10,902 10,902 047 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 180,582 180,582 048 0603606A LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ...... 27,204 27,204 049 0603607A JOINT SERVICE SMALL ARMS PROGRAM ...... 6,095 6,095 050 0603710A NIGHT VISION ADVANCED TECHNOLOGY ...... 37,217 37,217 051 0603728A ENVIRONMENTAL QUALITY TECHNOLOGY DEMONSTRATIONS ...... 13,626 13,626 052 0603734A MILITARY ENGINEERING ADVANCED TECHNOLOGY ...... 28,458 28,458 053 0603772A ADVANCED TACTICAL COMPUTER SCIENCE AND SENSOR TECHNOLOGY ...... 25,226 25,226 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 890,722 890,722

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 054 0603305A ARMY MISSILE DEFENSE SYSTEMS INTEGRATION ...... 14,505 14,505 055 0603308A ARMY SPACE SYSTEMS INTEGRATION ...... 9,876 9,876 056 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV ...... 5,054 5,054 057 0603627A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ADV DEV ...... 2,725 2,725 058 0603639A TANK AND MEDIUM CALIBER AMMUNITION ...... 30,560 30,560 059 0603653A ADVANCED TANK ARMAMENT SYSTEM (ATAS) ...... 14,347 14,347 060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 10,073 10,073 061 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV ...... 8,660 8,660 062 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT ...... 10,715 10,715 063 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL ...... 4,631 4,631 064 0603782A WARFIGHTER INFORMATION NETWORK-TACTICAL—DEM/VAL ...... 278,018 278,018 065 0603790A NATO RESEARCH AND DEVELOPMENT ...... 4,961 4,961 066 0603801A AVIATION—ADV DEV...... 8,602 8,602 067 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV ...... 14,605 14,605 068 0603805A COMBAT SERVICE SUPPORT CONTROL SYSTEM EVALUATION AND ANALYSIS ...... 5,054 5,054 069 0603807A MEDICAL SYSTEMS—ADV DEV ...... 24,384 24,384 070 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT ...... 32,050 32,050 071 0603850A INTEGRATED BROADCAST SERVICE ...... 96 96 072 0604115A TECHNOLOGY MATURATION INITIATIVES ...... 24,868 24,868 073 0604131A TRACTOR JUTE...... 59 59 074 0604284A JOINT COOPERATIVE TARGET IDENTIFICATION—GROUND (JCTI-G)/TECHNOLOGY DEV ...... 0 0 075 0604319A INDIRECT FIRE PROTECTION CAPABILITY INCREMENT 2–INTERCEPT (IFPC2) ...... 76,039 76,039 076 0604775A DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 077 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) ...... 4,043 4,043 078 0305205A ENDURANCE UAVS...... 26,196 26,196 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 610,121 610,121

SYSTEM DEVELOPMENT & DEMONSTRATION 079 0604201A AIRCRAFT AVIONICS...... 78,538 78,538

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

080 0604220A ARMED, DEPLOYABLE HELOS ...... 90,494 90,494 081 0604270A ELECTRONIC WARFARE DEVELOPMENT ...... 181,347 181,347 082 0604280A JOINT TACTICAL RADIO ...... 0 0 083 0604290A MID-TIER NETWORKING VEHICULAR RADIO (MNVR) ...... 12,636 12,636 084 0604321A ALL SOURCE ANALYSIS SYSTEM ...... 5,694 5,694 085 0604328A TRACTOR CAGE...... 32,095 32,095 086 0604601A INFANTRY SUPPORT WEAPONS ...... 96,478 96,478 087 0604604A MEDIUM TACTICAL VEHICLES ...... 3,006 3,006 088 0604609A SMOKE, OBSCURANT AND TARGET DEFEATING SYS—ENG DEV ...... 0 0 089 0604611A JAVELIN ...... 5,040 5,040 090 0604622A FAMILY OF HEAVY TACTICAL VEHICLES ...... 3,077 3,077 091 0604633A AIR TRAFFIC CONTROL ...... 9,769 9,769 092 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) ...... 13,141 25,141 Transfer from OPA line 191 at Army request ...... [12,000] 093 0604642A LIGHT TACTICAL WHEELED VEHICLES ...... 0 0 094 0604661A FCS SYSTEMS OF SYSTEMS ENGR & PROGRAM MGMT ...... 0 0 095 0604662A FCS RECONNAISSANCE (UAV) PLATFORMS ...... 0 0 096 0604663A FCS UNMANNED GROUND VEHICLES ...... 0 0 097 0604664A FCS UNATTENDED GROUND SENSORS ...... 0 0 098 0604665A FCS SUSTAINMENT & TRAINING R&D ...... 0 0 099 0604710A NIGHT VISION SYSTEMS—ENG DEV ...... 32,621 32,621 100 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...... 2,132 2,132 101 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV ...... 44,787 44,787 102 0604716A TERRAIN INFORMATION—ENG DEV ...... 1,008 1,008 103 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV ...... 73,333 73,333 104 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT ...... 28,937 28,937 105 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT ...... 10,815 10,815 106 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV ...... 13,926 13,926 107 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE ...... 17,797 17,797 108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION ...... 214,270 214,270 109 0604802A WEAPONS AND MUNITIONS—ENG DEV ...... 14,581 14,581 110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV ...... 43,706 43,706 111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV ...... 20,776 20,776 112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV ...... 43,395 43,395 113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV ...... 104,983 104,983 114 0604814A ARTILLERY MUNITIONS—EMD...... 4,346 4,346 115 0604817A COMBAT IDENTIFICATION...... 0 0 116 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE ...... 77,223 77,223 117 0604820A RADAR DEVELOPMENT...... 3,486 3,486 118 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) ...... 9,963 27,163 GFEBS realignment per Army request ...... [17,200] 119 0604823A FIREFINDER ...... 20,517 20,517 120 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL ...... 51,851 51,851 121 0604854A ARTILLERY SYSTEMS—EMD...... 167,797 167,797 122 0604869A PATRIOT/MEADS COMBINED AGGREGATE PROGRAM (CAP) ...... 400,861 0 No funds authorized ...... [–400,861] 123 0604870A NUCLEAR ARMS CONTROL MONITORING SENSOR NETWORK ...... 7,922 7,922 124 0605013A INFORMATION TECHNOLOGY DEVELOPMENT ...... 51,463 51,463 125 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) ...... 158,646 158,646 126 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 10,000 10,000 127 0605455A SLAMRAAM ...... 0 0 128 0605456A PAC–3/MSE MISSILE...... 69,029 69,029 129 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) ...... 277,374 277,374 130 0605625A MANNED GROUND VEHICLE ...... 639,874 639,874 131 0605626A AERIAL COMMON SENSOR ...... 47,426 47,426 132 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH ...... 72,295 72,295 133 0303032A TROJAN—RH12 ...... 4,232 4,232 134 0304270A ELECTRONIC WARFARE DEVELOPMENT ...... 13,942 13,942 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 3,286,629 2,914,968

RDT&E MANAGEMENT SUPPORT 135 0604256A THREAT SIMULATOR DEVELOPMENT ...... 18,090 18,090 136 0604258A TARGET SYSTEMS DEVELOPMENT ...... 14,034 14,034 137 0604759A MAJOR T&E INVESTMENT ...... 37,394 37,394 138 0605103A RAND ARROYO CENTER ...... 21,026 21,026 139 0605301A ARMY KWAJALEIN ATOLL ...... 176,816 176,816 140 0605326A CONCEPTS EXPERIMENTATION PROGRAM ...... 27,902 27,902 141 0605502A SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 142 0605601A ARMY TEST RANGES AND FACILITIES ...... 369,900 369,900 143 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS ...... 69,183 69,183 144 0605604A SURVIVABILITY/LETHALITY ANALYSIS...... 44,753 44,753 145 0605605A DOD HIGH ENERGY LASER TEST FACILITY ...... 0 0 146 0605606A AIRCRAFT CERTIFICATION...... 5,762 5,762 147 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES ...... 7,402 7,402 148 0605706A MATERIEL SYSTEMS ANALYSIS ...... 19,954 19,954 149 0605709A EXPLOITATION OF FOREIGN ITEMS ...... 5,535 5,535 150 0605712A SUPPORT OF OPERATIONAL TESTING ...... 67,789 67,789 151 0605716A ARMY EVALUATION CENTER ...... 62,765 62,765 152 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG ...... 1,545 1,545 153 0605801A PROGRAMWIDE ACTIVITIES...... 83,422 83,422 154 0605803A TECHNICAL INFORMATION ACTIVITIES ...... 50,820 50,820 155 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ...... 46,763 46,763 156 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT ...... 4,601 4,601

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

157 0605898A MANAGEMENT HQ—R&D...... 18,524 18,524 158 0909999A FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 1,153,980 1,153,980

OPERATIONAL SYSTEMS DEVELOPMENT 159 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM ...... 143,005 143,005 160 0607665A FAMILY OF BIOMETRICS ...... 0 0 161 0607865A PATRIOT PRODUCT IMPROVEMENT ...... 109,978 109,978 162 0102419A AEROSTAT JOINT PROJECT OFFICE ...... 190,422 190,422 163 0203347A INTELLIGENCE SUPPORT TO CYBER (ISC) MIP ...... 0 0 164 0203726A ADV FIELD ARTILLERY TACTICAL DATA SYSTEM ...... 32,556 32,556 165 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS ...... 253,959 253,959 166 0203740A MANEUVER CONTROL SYSTEM ...... 68,325 68,325 167 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS ...... 280,247 226,247 Improved turbine engine program delay ...... [–54,000] 168 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 898 898 169 0203758A DIGITIZATION ...... 35,180 35,180 170 0203759A FORCE XXI BATTLE COMMAND, BRIGADE AND BELOW (FBCB2) ...... 0 0 171 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 20,733 20,733 172 0203808A TRACTOR CARD...... 63,243 63,243 173 0208053A JOINT TACTICAL GROUND SYSTEM ...... 31,738 31,738 174 0208058A JOINT HIGH SPEED VESSEL (JHSV) ...... 35 35 176 0303028A SECURITY AND INTELLIGENCE ACTIVITIES ...... 7,591 7,591 177 0303140A INFORMATION SYSTEMS SECURITY PROGRAM ...... 15,961 15,961 178 0303141A GLOBAL COMBAT SUPPORT SYSTEM ...... 120,927 120,927 179 0303142A SATCOM GROUND ENVIRONMENT (SPACE) ...... 15,756 15,756 180 0303150A WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 14,443 14,443 182 0305204A TACTICAL UNMANNED AERIAL VEHICLES ...... 31,303 31,303 183 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 40,876 40,876 184 0305219A MQ–1 SKY WARRIOR A UAV ...... 74,618 74,618 185 0305232A RQ–11 UAV...... 4,039 4,039 186 0305233A RQ–7 UAV...... 31,158 31,158 187 0305235A VERTICAL UAS...... 2,387 2,387 188 0307665A BIOMETRICS ENABLED INTELLIGENCE ...... 15,248 15,248 189 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ...... 59,908 59,908 189A 9999999999 CLASSIFIED PROGRAMS...... 4,628 4,628 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 1,669,162 1,615,162 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 8,929,415 8,503,754

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 001 0601103N UNIVERSITY RESEARCH INITIATIVES ...... 113,690 113,690 002 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 18,261 18,261 003 0601153N DEFENSE RESEARCH SCIENCES ...... 473,070 473,070 SUBTOTAL, BASIC RESEARCH ...... 605,021 605,021

APPLIED RESEARCH 004 0602114N POWER PROJECTION APPLIED RESEARCH ...... 89,189 89,189 005 0602123N FORCE PROTECTION APPLIED RESEARCH ...... 143,301 143,301 006 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY ...... 46,528 46,528 007 0602235N COMMON PICTURE APPLIED RESEARCH ...... 41,696 41,696 008 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH ...... 44,127 44,127 009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH ...... 78,228 78,228 010 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH ...... 49,635 49,635 011 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH ...... 5,973 5,973 012 0602747N UNDERSEA WARFARE APPLIED RESEARCH ...... 96,814 96,814 013 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH ...... 162,417 162,417 014 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH ...... 32,394 32,394 SUBTOTAL, APPLIED RESEARCH ...... 790,302 790,302

ADVANCED TECHNOLOGY DEVELOPMENT 015 0603114N POWER PROJECTION ADVANCED TECHNOLOGY ...... 56,543 56,543 016 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY ...... 18,616 18,616 017 0603235N COMMON PICTURE ADVANCED TECHNOLOGY ...... 0 0 018 0603236N WARFIGHTER SUSTAINMENT ADVANCED TECHNOLOGY ...... 0 0 019 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY ...... 54,858 54,858 020 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 130,598 130,598 021 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT ...... 11,706 11,706 022 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT ...... 256,382 256,382 023 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY ...... 3,880 3,880 024 0603747N UNDERSEA WARFARE ADVANCED TECHNOLOGY ...... 0 0 025 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS ...... 51,819 51,819 026 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY ...... 0 0 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 584,402 584,402

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 027 0603128N UNMANNED AERIAL SYSTEM ...... 0 0 028 0603207N AIR/OCEAN TACTICAL APPLICATIONS ...... 34,085 34,085 029 0603216N AVIATION SURVIVABILITY...... 8,783 8,783 030 0603237N DEPLOYABLE JOINT COMMAND AND CONTROL ...... 3,773 3,773 031 0603251N AIRCRAFT SYSTEMS...... 24,512 24,512 032 0603254N ASW SYSTEMS DEVELOPMENT ...... 8,090 8,090 033 0603261N TACTICAL AIRBORNE RECONNAISSANCE ...... 5,301 5,301

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY ...... 1,506 1,506 035 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 190,622 190,622 036 0603506N SURFACE SHIP TORPEDO DEFENSE ...... 93,346 93,346 037 0603512N CARRIER SYSTEMS DEVELOPMENT ...... 108,871 108,871 038 0603513N SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ...... 0 0 039 0603525N PILOT FISH...... 101,169 101,169 040 0603527N RETRACT LARCH...... 74,312 74,312 041 0603536N RETRACT JUNIPER...... 90,730 90,730 042 0603542N RADIOLOGICAL CONTROL...... 777 777 043 0603553N SURFACE ASW...... 6,704 6,704 044 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 555,123 555,123 045 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS ...... 9,368 9,368 046 0603563N SHIP CONCEPT ADVANCED DESIGN ...... 24,609 24,609 047 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...... 13,710 13,710 048 0603570N ADVANCED NUCLEAR POWER SYSTEMS ...... 249,748 249,748 049 0603573N ADVANCED SURFACE MACHINERY SYSTEMS ...... 29,897 29,897 050 0603576N CHALK EAGLE...... 509,988 509,988 051 0603581N LITTORAL COMBAT SHIP (LCS) ...... 429,420 429,420 052 0603582N COMBAT SYSTEM INTEGRATION ...... 56,551 56,551 053 0603609N CONVENTIONAL MUNITIONS...... 7,342 7,342 054 0603611M MARINE CORPS ASSAULT VEHICLES ...... 95,182 95,182 055 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ...... 10,496 10,496 056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 52,331 52,331 057 0603658N COOPERATIVE ENGAGEMENT...... 56,512 56,512 058 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT ...... 7,029 7,029 059 0603721N ENVIRONMENTAL PROTECTION...... 21,080 21,080 060 0603724N NAVY ENERGY PROGRAM ...... 55,324 55,324 061 0603725N FACILITIES IMPROVEMENT...... 3,401 3,401 062 0603734N CHALK CORAL...... 45,966 45,966 063 0603739N NAVY LOGISTIC PRODUCTIVITY ...... 3,811 3,811 064 0603746N RETRACT MAPLE...... 341,305 341,305 065 0603748N LINK PLUMERIA...... 181,220 181,220 066 0603751N RETRACT ELM...... 174,014 174,014 067 0603755N SHIP SELF DEFENSE—DEM/VAL ...... 0 0 068 0603764N LINK EVERGREEN...... 68,654 68,654 069 0603787N SPECIAL PROCESSES...... 44,487 44,487 070 0603790N NATO RESEARCH AND DEVELOPMENT ...... 9,389 9,389 071 0603795N LAND ATTACK TECHNOLOGY ...... 16,132 16,132 072 0603851M JOINT NON-LETHAL WEAPONS TESTING ...... 44,994 44,994 073 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 137,369 137,369 074 0603889N COUNTERDRUG RDT&E PROJECTS ...... 0 0 075 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS ...... 0 0 076 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) ...... 73,934 73,934 077 0604279N ASE SELF-PROTECTION OPTIMIZATION ...... 711 711 078 0604653N JOINT COUNTER RADIO CONTROLLED IED ELECTRONIC WARFARE (JCREW) ...... 71,300 71,300 079 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM ...... 5,654 5,654 080 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT ...... 31,549 31,549 081 0604775N DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 082 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT ...... 86,801 86,801 083 0605812M JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH ...... 44,500 44,500 084 0303354N ASW SYSTEMS DEVELOPMENT—MIP ...... 13,172 13,172 085 0303562N SUBMARINE TACTICAL WARFARE SYSTEMS—MIP ...... 0 0 086 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP ...... 643 643 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 4,335,297 4,335,297

SYSTEM DEVELOPMENT & DEMONSTRATION 087 0604212N OTHER HELO DEVELOPMENT ...... 33,978 33,978 088 0604214N AV–8B AIRCRAFT—ENG DEV ...... 32,789 32,789 089 0604215N STANDARDS DEVELOPMENT...... 84,988 84,988 090 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT ...... 6,866 6,866 091 0604218N AIR/OCEAN EQUIPMENT ENGINEERING ...... 4,060 4,060 092 0604221N P–3 MODERNIZATION PROGRAM ...... 3,451 3,451 093 0604230N WARFARE SUPPORT SYSTEM ...... 13,071 13,071 094 0604231N TACTICAL COMMAND SYSTEM ...... 71,645 71,645 095 0604234N ADVANCED HAWKEYE...... 119,065 119,065 096 0604245N H–1 UPGRADES...... 31,105 31,105 097 0604261N ACOUSTIC SEARCH SENSORS ...... 34,299 34,299 098 0604262N V–22A ...... 54,412 54,412 099 0604264N AIR CREW SYSTEMS DEVELOPMENT ...... 2,717 2,717 100 0604269N EA–18 ...... 13,009 13,009 101 0604270N ELECTRONIC WARFARE DEVELOPMENT ...... 51,304 51,304 102 0604273N VH–71A EXECUTIVE HELO DEVELOPMENT ...... 61,163 61,163 103 0604274N NEXT GENERATION JAMMER (NGJ) ...... 187,024 187,024 104 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) ...... 337,480 337,480 105 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 260,616 260,616 106 0604311N LPD–17 CLASS SYSTEMS INTEGRATION ...... 824 824 107 0604329N SMALL DIAMETER BOMB (SDB) ...... 31,064 31,064 108 0604366N STANDARD MISSILE IMPROVEMENTS ...... 63,891 63,891 109 0604373N AIRBORNE MCM...... 73,246 73,246 110 0604376M MARINE AIR GROUND TASK FORCE (MAGTF) ELECTRONIC WARFARE (EW) FOR AVIATION ...... 10,568 10,568 111 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING ...... 39,974 39,974 112 0604404N UNMANNED CARRIER LAUNCHED AIRBORNE SURVEILLANCE AND STRIKE (UCLASS) SYSTEM ...... 122,481 122,481 113 0604501N ADVANCED ABOVE WATER SENSORS ...... 255,516 255,516

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

114 0604503N SSN–688 AND TRIDENT MODERNIZATION ...... 82,620 82,620 115 0604504N AIR CONTROL...... 5,633 5,633 116 0604512N SHIPBOARD AVIATION SYSTEMS ...... 55,826 55,826 117 0604518N COMBAT INFORMATION CENTER CONVERSION ...... 918 918 118 0604558N NEW DESIGN SSN ...... 165,230 165,230 119 0604562N SUBMARINE TACTICAL WARFARE SYSTEM ...... 49,141 49,141 120 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E ...... 196,737 196,737 121 0604574N NAVY TACTICAL COMPUTER RESOURCES ...... 3,889 3,889 122 0604601N MINE DEVELOPMENT...... 8,335 8,335 123 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT ...... 49,818 49,818 124 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 10,099 10,099 125 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS ...... 7,348 7,348 126 0604727N JOINT STANDOFF WEAPON SYSTEMS ...... 5,518 5,518 127 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) ...... 87,662 87,662 128 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) ...... 64,079 64,079 129 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) ...... 151,489 151,489 130 0604761N INTELLIGENCE ENGINEERING...... 0 0 131 0604771N MEDICAL DEVELOPMENT...... 12,707 12,707 132 0604777N NAVIGATION/ID SYSTEM...... 47,764 47,764 133 0604800M JOINT STRIKE FIGHTER (JSF)—EMD ...... 737,149 737,149 134 0604800N JOINT STRIKE FIGHTER (JSF)—EMD ...... 743,926 743,926 135 0605013M INFORMATION TECHNOLOGY DEVELOPMENT ...... 12,143 12,143 136 0605013N INFORMATION TECHNOLOGY DEVELOPMENT ...... 72,209 72,209 137 0605018N NAVY INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (N-IMHRS) ...... 0 0 138 0605212N CH–53K RDTE...... 606,204 606,204 139 0605450N JOINT AIR-TO-GROUND MISSILE (JAGM) ...... 0 0 140 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) ...... 421,102 421,102 141 0204202N DDG–1000 ...... 124,655 124,655 142 0304231N TACTICAL COMMAND SYSTEM—MIP ...... 1,170 1,170 143 0304503N SSN–688 AND TRIDENT MODERNIZATION—MIP ...... 0 0 144 0304785N TACTICAL CRYPTOLOGIC SYSTEMS ...... 23,255 23,255 145 0305124N SPECIAL APPLICATIONS PROGRAM ...... 0 0 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 5,747,232 5,747,232

RDT&E MANAGEMENT SUPPORT 146 0604256N THREAT SIMULATOR DEVELOPMENT ...... 30,790 30,790 147 0604258N TARGET SYSTEMS DEVELOPMENT ...... 59,221 59,221 148 0604759N MAJOR T&E INVESTMENT ...... 35,894 35,894 149 0605126N JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 7,573 7,573 150 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY ...... 20,963 20,963 151 0605154N CENTER FOR NAVAL ANALYSES ...... 46,856 46,856 152 0605502N SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 153 0605804N TECHNICAL INFORMATION SERVICES ...... 796 796 154 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT ...... 32,782 32,782 155 0605856N STRATEGIC TECHNICAL SUPPORT ...... 3,306 3,306 156 0605861N RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ...... 70,302 70,302 157 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT ...... 144,033 144,033 158 0605864N TEST AND EVALUATION SUPPORT ...... 342,298 342,298 159 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY ...... 16,399 16,399 160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 4,579 4,579 161 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT ...... 8,000 8,000 162 0605873M MARINE CORPS PROGRAM WIDE SUPPORT ...... 18,490 18,490 163 0305885N TACTICAL CRYPTOLOGIC ACTIVITIES ...... 2,795 2,795 164 0804758N SERVICE SUPPORT TO JFCOM, JNTC ...... 0 0 165 0909999N FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 845,077 845,077

OPERATIONAL SYSTEMS DEVELOPMENT 167 0604402N UNMANNED COMBAT AIR VEHICLE (UCAV) ADVANCED COMPONENT AND PROTOTYPE DEVELOPMENT ...... 142,282 142,282 168 0604717M MARINE CORPS COMBAT SERVICES SUPPORT ...... 0 0 169 0604766M MARINE CORPS DATA SYSTEMS ...... 0 0 170 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT ...... 105,892 105,892 171 0101224N SSBN SECURITY TECHNOLOGY PROGRAM ...... 34,729 34,729 172 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT ...... 1,434 1,434 173 0101402N NAVY STRATEGIC COMMUNICATIONS ...... 19,208 19,208 174 0203761N RAPID TECHNOLOGY TRANSITION (RTT) ...... 25,566 25,566 175 0204136N F/A–18 SQUADRONS...... 188,299 188,299 176 0204152N E–2 SQUADRONS...... 8,610 8,610 177 0204163N FLEET TELECOMMUNICATIONS (TACTICAL) ...... 15,695 15,695 178 0204228N SURFACE SUPPORT...... 4,171 4,171 179 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ...... 11,265 11,265 180 0204311N INTEGRATED SURVEILLANCE SYSTEM ...... 45,922 45,922 181 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) ...... 8,435 8,435 182 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ...... 75,088 75,088 183 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 20,229 20,229 184 0204574N CRYPTOLOGIC DIRECT SUPPORT ...... 1,756 1,756 185 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT ...... 19,843 19,843 186 0205601N HARM IMPROVEMENT...... 11,477 11,477 187 0205604N TACTICAL DATA LINKS ...... 118,818 118,818 188 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION ...... 27,342 27,342 189 0205632N MK–48 ADCAP...... 28,717 28,717 190 0205633N AVIATION IMPROVEMENTS...... 89,157 89,157 191 0205658N NAVY SCIENCE ASSISTANCE PROGRAM ...... 3,450 3,450

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

192 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS ...... 86,435 86,435 193 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS ...... 219,054 219,054 194 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ...... 181,693 181,693 195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 58,393 58,393 196 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) ...... 22,966 22,966 197 0207161N TACTICAL AIM MISSILES ...... 21,107 21,107 198 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 2,857 2,857 199 0208058N JOINT HIGH SPEED VESSEL (JHSV) ...... 1,932 1,932 204 0303109N SATELLITE COMMUNICATIONS (SPACE) ...... 188,482 188,482 205 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) ...... 16,749 16,749 206 0303140N INFORMATION SYSTEMS SECURITY PROGRAM ...... 26,307 26,307 207 0303150M WWMCCS/GLOBAL COMMAND AND CONTROL SYSTEM ...... 500 500 208 0303238N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES)—MIP ...... 0 0 210 0305149N COBRA JUDY...... 17,091 17,091 211 0305160N NAVY METEOROLOGICAL AND OCEAN SENSORS-SPACE (METOC) ...... 810 810 212 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES ...... 8,617 8,617 213 0305204N TACTICAL UNMANNED AERIAL VEHICLES ...... 9,066 9,066 214 0305206N AIRBORNE RECONNAISSANCE SYSTEMS ...... 0 0 215 0305207N MANNED RECONNAISSANCE SYSTEMS ...... 30,654 30,654 216 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 25,917 25,917 217 0305208N DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 14,676 14,676 218 0305220N RQ–4 UAV...... 657,483 657,483 219 0305231N MQ–8 UAV...... 99,600 99,600 220 0305232M RQ–11 UAV...... 495 495 221 0305233N RQ–7 UAV...... 863 863 222 0305234M SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 0 0 223 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ...... 9,734 9,734 224 0305237N MEDIUM RANGE MARITIME UAS ...... 0 0 225 0305239M RQ–21A ...... 22,343 22,343 226 0308601N MODELING AND SIMULATION SUPPORT ...... 5,908 5,908 227 0702207N DEPOT MAINTENANCE (NON-IF) ...... 27,391 27,391 228 0702239N AVIONICS COMPONENT IMPROVEMENT PROGRAM ...... 0 0 229 0708011N INDUSTRIAL PREPAREDNESS...... 54,879 54,879 230 0708730N MARITIME TECHNOLOGY (MARITECH) ...... 5,000 5,000 230A 9999999999 CLASSIFIED PROGRAMS...... 1,151,159 1,151,159 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 3,975,546 3,975,546

230B PRIOR YEAR SAVINGS ...... –8,832 Medium range maritime UAS cancellation ...... [–8,832]

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 16,882,877 16,874,045

RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 001 0601102F DEFENSE RESEARCH SCIENCES ...... 361,787 361,787 002 0601103F UNIVERSITY RESEARCH INITIATIVES ...... 141,153 141,153 003 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES ...... 13,094 13,094 SUBTOTAL, BASIC RESEARCH ...... 516,034 516,034

APPLIED RESEARCH 004 0602102F MATERIALS ...... 114,166 114,166 005 0602201F AEROSPACE VEHICLE TECHNOLOGIES ...... 120,719 120,719 006 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH ...... 89,319 89,319 007 0602203F AEROSPACE PROPULSION...... 232,547 232,547 008 0602204F AEROSPACE SENSORS...... 127,637 127,637 009 0602601F SPACE TECHNOLOGY...... 98,375 98,375 010 0602602F CONVENTIONAL MUNITIONS...... 77,175 77,175 011 0602605F DIRECTED ENERGY TECHNOLOGY ...... 106,196 106,196 012 0602788F DOMINANT INFORMATION SCIENCES AND METHODS ...... 104,362 104,362 013 0602890F HIGH ENERGY LASER RESEARCH ...... 38,557 38,557 SUBTOTAL, APPLIED RESEARCH ...... 1,109,053 1,109,053

ADVANCED TECHNOLOGY DEVELOPMENT 014 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS ...... 47,890 47,890 015 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) ...... 6,565 6,565 016 0603203F ADVANCED AEROSPACE SENSORS ...... 37,657 37,657 017 0603211F AEROSPACE TECHNOLOGY DEV/DEMO ...... 81,376 81,376 018 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY ...... 151,152 151,152 019 0603270F ELECTRONIC COMBAT TECHNOLOGY ...... 32,941 32,941 020 0603401F ADVANCED SPACECRAFT TECHNOLOGY ...... 64,557 64,557 021 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) ...... 29,256 29,256 022 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT ...... 21,523 21,523 023 0603601F CONVENTIONAL WEAPONS TECHNOLOGY ...... 36,352 36,352 024 0603605F ADVANCED WEAPONS TECHNOLOGY ...... 19,004 19,004 025 0603680F MANUFACTURING TECHNOLOGY PROGRAM ...... 37,045 37,045 026 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION ...... 31,419 31,419 027 0603924F HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM ...... 0 0 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT ...... 596,737 596,737

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 028 0603260F INTELLIGENCE ADVANCED DEVELOPMENT ...... 3,866 3,866 029 0603287F PHYSICAL SECURITY EQUIPMENT ...... 3,704 3,704 030 0603430F ADVANCED EHF MILSATCOM (SPACE) ...... 229,171 227,671

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

Excess funding ...... [–1,500] 031 0603432F POLAR MILSATCOM (SPACE) ...... 120,676 120,676 032 0603438F SPACE CONTROL TECHNOLOGY ...... 25,144 23,144 Excess funding ...... [–2,000] 033 0603742F COMBAT IDENTIFICATION TECHNOLOGY ...... 32,243 32,243 034 0603790F NATO RESEARCH AND DEVELOPMENT ...... 4,507 4,507 035 0603791F INTERNATIONAL SPACE COOPERATIVE R&D ...... 652 652 036 0603830F SPACE PROTECTION PROGRAM (SPP) ...... 10,429 10,429 037 0603850F INTEGRATED BROADCAST SERVICE—DEM/VAL ...... 19,938 19,938 038 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ...... 71,181 71,181 039 0603854F WIDEBAND GLOBAL SATCOM RDT&E (SPACE) ...... 12,027 12,027 040 0603859F POLLUTION PREVENTION—DEM/VAL...... 2,054 2,054 041 0603860F JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL ...... 57,975 57,975 042 0604015F LONG RANGE STRIKE ...... 291,742 291,742 043 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT ...... 114,417 114,417 044 0604317F TECHNOLOGY TRANSFER...... 2,576 2,576 045 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM ...... 16,711 16,711 046 0604330F JOINT DUAL ROLE AIR DOMINANCE MISSILE ...... 0 0 047 0604337F REQUIREMENTS ANALYSIS AND MATURATION ...... 16,343 16,343 048 0604422F WEATHER SATELLITE FOLLOW-ON ...... 2,000 2,000 049 0604436F NEXT-GENERATION MILSATCOM TECHNOLOGY DEVELOPMENT ...... 0 0 050 0604635F GROUND ATTACK WEAPONS FUZE DEVELOPMENT ...... 9,423 9,423 051 0604775F DEFENSE RAPID INNOVATION PROGRAM ...... 0 0 052 0604796F ALTERNATIVE FUELS...... 0 0 053 0604830F AUTOMATED AIR-TO-AIR REFUELING ...... 0 0 054 0604857F OPERATIONALLY RESPONSIVE SPACE ...... 0 45,000 Restore Operationally Responsive Space ...... [45,000] 055 0604858F TECH TRANSITION PROGRAM ...... 37,558 34,558 Excess funding ...... [–3,000] 056 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 96,840 96,840 057 0305178F NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SATELLITE SYSTEM (NPOESS) ...... 0 0 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 1,181,177 1,219,677

SYSTEM DEVELOPMENT & DEMONSTRATION 058 0603840F GLOBAL BROADCAST SERVICE (GBS) ...... 14,652 14,652 059 0604222F NUCLEAR WEAPONS SUPPORT ...... 25,713 25,713 060 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING ...... 6,583 6,583 061 0604270F ELECTRONIC WARFARE DEVELOPMENT ...... 1,975 1,975 062 0604280F JOINT TACTICAL RADIO ...... 2,594 2,594 063 0604281F TACTICAL DATA NETWORKS ENTERPRISE ...... 24,534 24,534 064 0604287F PHYSICAL SECURITY EQUIPMENT ...... 51 51 065 0604329F SMALL DIAMETER BOMB (SDB)—EMD ...... 143,000 143,000 066 0604421F COUNTERSPACE SYSTEMS...... 28,797 28,797 067 0604425F SPACE SITUATION AWARENESS SYSTEMS ...... 267,252 247,252 Excess funding ...... [–20,000] 068 0604429F AIRBORNE ELECTRONIC ATTACK ...... 4,118 4,118 069 0604441F SPACE BASED INFRARED SYSTEM (SBIRS) HIGH EMD ...... 448,594 446,594 Excess funding ...... [–2,000] 070 0604602F ARMAMENT/ORDNANCE DEVELOPMENT...... 9,951 9,951 071 0604604F SUBMUNITIONS ...... 2,567 2,567 072 0604617F AGILE COMBAT SUPPORT ...... 13,059 13,059 073 0604706F LIFE SUPPORT SYSTEMS ...... 9,720 9,720 074 0604735F COMBAT TRAINING RANGES ...... 9,222 9,222 075 0604740F INTEGRATED COMMAND & CONTROL APPLICATIONS (IC2A) ...... 0 0 076 0604750F INTELLIGENCE EQUIPMENT...... 803 803 077 0604800F F–35—EMD ...... 1,210,306 1,210,306 078 0604851F INTERCONTINENTAL BALLISTIC MISSILE—EMD ...... 135,437 135,437 079 0604853F EVOLVED EXPENDABLE LAUNCH VEHICLE PROGRAM (SPACE)—EMD ...... 7,980 7,980 080 0604932F LONG RANGE STANDOFF WEAPON ...... 2,004 2,004 081 0604933F ICBM FUZE MODERNIZATION ...... 73,512 73,512 082 0605213F F–22 MODERNIZATION INCREMENT 3.2B ...... 140,100 140,100 083 0605221F NEXT GENERATION AERIAL REFUELING AIRCRAFT ...... 1,815,588 1,728,458 Excess prior year funds ...... [–87,130] 084 0605229F CSAR HH–60 RECAPITALIZATION ...... 123,210 123,210 085 0605278F HC/MC–130 RECAP RDT&E ...... 19,039 19,039 086 0605931F B–2 DEFENSIVE MANAGEMENT SYSTEM ...... 281,056 281,056 087 0101125F NUCLEAR WEAPONS MODERNIZATION ...... 80,200 80,200 088 0207100F LIGHT ATTACK ARMED RECONNAISSANCE (LAAR) SQUADRONS ...... 0 0 089 0207604F READINESS TRAINING RANGES, OPERATIONS AND MAINTENANCE ...... 310 310 090 0207701F FULL COMBAT MISSION TRAINING ...... 14,861 14,861 091 0305230F MC–12 ...... 19,949 19,949 092 0401138F C–27J AIRLIFT SQUADRONS ...... 0 0 093 0401318F CV–22 ...... 28,027 28,027 094 0401845F AIRBORNE SENIOR LEADER C3 (SLC3S) ...... 1,960 1,960 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 4,966,724 4,857,594

RDT&E MANAGEMENT SUPPORT 095 0604256F THREAT SIMULATOR DEVELOPMENT ...... 22,812 22,812 096 0604759F MAJOR T&E INVESTMENT ...... 42,236 42,236 097 0605101F RAND PROJECT AIR FORCE ...... 25,579 25,579 098 0605502F SMALL BUSINESS INNOVATION RESEARCH ...... 0 0 099 0605712F INITIAL OPERATIONAL TEST & EVALUATION ...... 16,197 16,197 100 0605807F TEST AND EVALUATION SUPPORT ...... 722,071 722,071

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

101 0605860F ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 16,200 16,200 102 0605864F SPACE TEST PROGRAM (STP) ...... 10,051 45,051 Restore Space Test Program ...... [35,000] 103 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT ...... 42,597 42,597 104 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT ...... 27,301 27,301 105 0606323F MULTI-SERVICE SYSTEMS ENGINEERING INITIATIVE ...... 13,964 13,964 106 0606392F SPACE AND MISSILE CENTER (SMC) CIVILIAN WORKFORCE ...... 203,766 203,766 107 0702806F ACQUISITION AND MANAGEMENT SUPPORT ...... 42,430 42,430 108 0804731F GENERAL SKILL TRAINING ...... 1,294 1,294 109 0909980F JUDGMENT FUND REIMBURSEMENT ...... 0 0 110 0909999F FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 111 1001004F INTERNATIONAL ACTIVITIES...... 3,851 3,851 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 1,190,349 1,225,349

OPERATIONAL SYSTEMS DEVELOPMENT 112 0603423F GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT ...... 371,595 370,095 Excess funding ...... [–1,500] 113 0604263F COMMON VERTICAL LIFT SUPPORT PLATFORM ...... 0 0 114 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) ...... 91,697 91,697 115 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY ...... 17,037 17,037 117 0101113F B–52 SQUADRONS...... 53,208 53,208 118 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) ...... 431 431 119 0101126F B–1B SQUADRONS...... 16,265 16,265 120 0101127F B–2 SQUADRONS...... 35,970 20,970 Efficiencies ...... [–15,000] 121 0101313F STRAT WAR PLANNING SYSTEM—USSTRATCOM ...... 30,889 30,889 122 0101314F NIGHT FIST—USSTRATCOM...... 10 10 124 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM ...... 5,609 5,609 125 0102823F STRATEGIC AEROSPACE INTELLIGENCE SYSTEM ACTIVITIES ...... 0 0 126 0203761F WARFIGHTER RAPID ACQUISITION PROCESS (WRAP) RAPID TRANSITION FUND ...... 15,098 15,098 127 0205219F MQ–9 UAV...... 147,971 147,971 128 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT ...... 49,848 49,848 129 0207131F A–10 SQUADRONS...... 13,538 13,538 130 0207133F F–16 SQUADRONS...... 190,257 190,257 131 0207134F F–15E SQUADRONS...... 192,677 192,677 132 0207136F MANNED DESTRUCTIVE SUPPRESSION ...... 13,683 13,683 133 0207138F F–22A SQUADRONS...... 371,667 371,667 134 0207142F F–35 SQUADRONS...... 8,117 8,117 135 0207161F TACTICAL AIM MISSILES ...... 8,234 8,234 136 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 87,041 87,041 137 0207170F JOINT HELMET MOUNTED CUEING SYSTEM (JHMCS) ...... 1,472 1,472 138 0207224F COMBAT RESCUE AND RECOVERY ...... 2,095 2,095 139 0207227F COMBAT RESCUE—PARARESCUE...... 1,119 1,119 140 0207247F AF TENCAP...... 63,853 63,853 141 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT ...... 1,063 1,063 142 0207253F COMPASS CALL...... 12,094 12,094 143 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 187,984 187,984 144 0207277F ISR INNOVATIONS...... 0 0 145 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...... 7,950 7,950 146 0207410F AIR & SPACE OPERATIONS CENTER (AOC) ...... 76,315 76,315 147 0207412F CONTROL AND REPORTING CENTER (CRC) ...... 8,653 8,653 148 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...... 65,200 65,200 149 0207418F TACTICAL AIRBORNE CONTROL SYSTEMS ...... 5,767 5,767 150 0207423F ADVANCED COMMUNICATIONS SYSTEMS ...... 0 0 152 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES ...... 5,756 5,756 153 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I ...... 0 0 154 0207444F TACTICAL AIR CONTROL PARTY-MOD ...... 16,226 16,226 155 0207445F FIGHTER TACTICAL DATA LINK ...... 0 0 156 0207448F C2ISR TACTICAL DATA LINK ...... 1,633 1,633 157 0207449F COMMAND AND CONTROL (C2) CONSTELLATION ...... 18,086 18,086 158 0207452F DCAPES ...... 15,690 15,690 159 0207581F JOINT SURVEILLANCE/TARGET ATTACK RADAR SYSTEM (JSTARS) ...... 24,241 24,241 160 0207590F SEEK EAGLE...... 22,654 22,654 161 0207601F USAF MODELING AND SIMULATION ...... 15,501 15,501 162 0207605F WARGAMING AND SIMULATION CENTERS ...... 5,699 5,699 163 0207697F DISTRIBUTED TRAINING AND EXERCISES ...... 4,425 4,425 164 0208006F MISSION PLANNING SYSTEMS ...... 69,377 69,377 165 0208021F INFORMATION WARFARE SUPPORT ...... 7,159 7,159 166 0208059F CYBER COMMAND ACTIVITIES ...... 66,888 66,888 174 0301400F SPACE SUPERIORITY INTELLIGENCE ...... 12,056 12,056 175 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) ...... 4,159 4,159 176 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 20,124 20,124 177 0303140F INFORMATION SYSTEMS SECURITY PROGRAM ...... 69,133 69,133 178 0303141F GLOBAL COMBAT SUPPORT SYSTEM ...... 6,512 6,512 179 0303150F GLOBAL COMMAND AND CONTROL SYSTEM ...... 4,316 4,316 180 0303601F MILSATCOM TERMINALS...... 107,237 107,237 182 0304260F AIRBORNE SIGINT ENTERPRISE ...... 129,106 129,106 185 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...... 4,461 4,461 186 0305103F CYBER SECURITY INITIATIVE ...... 2,055 2,055 187 0305105F DOD CYBER CRIME CENTER ...... 285 285 188 0305110F SATELLITE CONTROL NETWORK (SPACE) ...... 33,773 33,773 189 0305111F WEATHER SERVICE...... 29,048 29,048 190 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) ...... 43,187 43,187

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

191 0305116F AERIAL TARGETS...... 50,496 50,496 194 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES ...... 354 354 195 0305145F ARMS CONTROL IMPLEMENTATION ...... 4,000 4,000 196 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES ...... 342 342 198 0305164F NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) ...... 29,621 29,621 199 0305165F NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) ...... 14,335 14,335 201 0305173F SPACE AND MISSILE TEST AND EVALUATION CENTER ...... 3,680 3,680 202 0305174F SPACE INNOVATION AND DEVELOPMENT CENTER ...... 2,430 2,430 203 0305182F SPACELIFT RANGE SYSTEM (SPACE) ...... 8,760 8,760 204 0305193F INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ...... 0 0 205 0305202F DRAGON U–2...... 23,644 23,644 206 0305205F ENDURANCE UNMANNED AERIAL VEHICLES ...... 21,000 21,000 207 0305206F AIRBORNE RECONNAISSANCE SYSTEMS ...... 96,735 96,735 208 0305207F MANNED RECONNAISSANCE SYSTEMS ...... 13,316 13,316 209 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 63,501 63,501 210 0305219F MQ–1 PREDATOR A UAV ...... 9,122 9,122 211 0305220F RQ–4 UAV...... 236,265 236,265 212 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING ...... 7,367 7,367 213 0305236F COMMON DATA LINK (CDL) ...... 38,094 38,094 214 0305238F NATO AGS...... 210,109 210,109 215 0305240F SUPPORT TO DCGS ENTERPRISE ...... 24,500 24,500 216 0305265F GPS III SPACE SEGMENT ...... 318,992 318,992 217 0305614F JSPOC MISSION SYSTEM ...... 54,645 54,645 218 0305881F RAPID CYBER ACQUISITION ...... 4,007 4,007 219 0305887F INTELLIGENCE SUPPORT TO INFORMATION WARFARE ...... 13,357 13,357 220 0305913F NUDET DETECTION SYSTEM (SPACE) ...... 64,965 64,965 221 0305940F SPACE SITUATION AWARENESS OPERATIONS ...... 19,586 19,586 222 0307141F INFORMATION OPERATIONS TECHNOLOGY INTEGRATION & TOOL DEVELOPMENT ...... 0 0 223 0308699F SHARED EARLY WARNING (SEW) ...... 1,175 1,175 224 0401115F C–130 AIRLIFT SQUADRON ...... 5,000 5,000 225 0401119F C–5 AIRLIFT SQUADRONS (IF) ...... 35,115 35,115 226 0401130F C–17 AIRCRAFT (IF) ...... 99,225 99,225 227 0401132F C–130J PROGRAM...... 30,652 30,652 228 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) ...... 7,758 7,758 229 0401139F LIGHT MOBILITY AIRCRAFT (LIMA) ...... 100 100 230 0401218F KC–135S ...... 0 0 231 0401219F KC–10S ...... 24,022 24,022 232 0401314F OPERATIONAL SUPPORT AIRLIFT ...... 7,471 7,471 233 0401315F C-STOL AIRCRAFT...... 0 0 234 0408011F SPECIAL TACTICS / COMBAT CONTROL ...... 4,984 4,984 235 0702207F DEPOT MAINTENANCE (NON-IF) ...... 1,588 1,588 236 0708012F LOGISTICS SUPPORT ACTIVITIES ...... 577 577 237 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) ...... 119,327 119,327 238 0708611F SUPPORT SYSTEMS DEVELOPMENT ...... 15,873 15,873 239 0801711F RECRUITING ACTIVITIES...... 0 0 240 0804743F OTHER FLIGHT TRAINING ...... 349 349 241 0804757F JOINT NATIONAL TRAINING CENTER ...... 0 0 242 0808716F OTHER PERSONNEL ACTIVITIES ...... 117 117 243 0901202F JOINT PERSONNEL RECOVERY AGENCY ...... 2,018 2,018 244 0901218F CIVILIAN COMPENSATION PROGRAM ...... 1,561 1,561 245 0901220F PERSONNEL ADMINISTRATION...... 7,634 7,634 246 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY ...... 1,175 1,175 247 0901279F FACILITIES OPERATION—ADMINISTRATIVE...... 3,491 3,491 248 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT ...... 100,160 100,160 249 0902998F MANAGEMENT HQ—ADP SUPPORT (AF) ...... 0 0 249A 9999999999 CLASSIFIED PROGRAMS...... 11,172,183 11,149,583 Classified reduction ...... [–4,600] Classified reduction ...... [–18,000] SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 15,867,972 15,828,872

249B PRIOR YEAR SAVINGS ...... –78,426 C–130 AMP cancellation ...... [–6,509] MALD II Cancellation ...... [–7,917] Global Hawk Block 30 cancellation ...... [–64,000]

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 25,428,046 25,274,890

RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 001 0601000BR DTRA BASIC RESEARCH INITIATIVE ...... 45,071 45,071 002 0601101E DEFENSE RESEARCH SCIENCES ...... 309,051 309,051 003 0601110D8Z BASIC RESEARCH INITIATIVES ...... 19,405 19,405 004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE ...... 39,676 39,676 005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM ...... 87,979 87,979 006 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 50,566 50,566 SUBTOTAL, BASIC RESEARCH ...... 551,748 551,748

APPLIED RESEARCH 007 0602000D8Z JOINT MUNITIONS TECHNOLOGY ...... 20,615 20,615 008 0602115E BIOMEDICAL TECHNOLOGY...... 110,900 110,900 009 0602228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES (HBCU) SCIENCE ...... 0 0 010 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM ...... 36,826 36,826 011 0602250D8Z SYSTEMS 2020 APPLIED RESEARCH ...... 7,898 7,898

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

012 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY ...... 392,421 392,421 013 0602304E COGNITIVE COMPUTING SYSTEMS ...... 30,424 30,424 014 0602305E MACHINE INTELLIGENCE...... 0 0 015 0602383E BIOLOGICAL WARFARE DEFENSE ...... 19,236 19,236 016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 223,269 223,269 017 0602663D8Z DATA TO DECISIONS APPLIED RESEARCH ...... 13,753 13,753 018 0602668D8Z CYBER SECURITY RESEARCH ...... 18,985 18,985 019 0602670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) APPLIED RESEARCH ...... 6,771 6,771 020 0602702E TACTICAL TECHNOLOGY...... 233,209 233,209 021 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY ...... 166,067 166,067 022 0602716E ELECTRONICS TECHNOLOGY...... 222,416 222,416 023 0602718BR WEAPONS OF MASS DESTRUCTION DEFEAT TECHNOLOGIES ...... 172,352 172,352 024 1160401BB SPECIAL OPERATIONS TECHNOLOGY DEVELOPMENT ...... 28,739 28,739 SUBTOTAL, APPLIED RESEARCH ...... 1,703,881 1,703,881

ADVANCED TECHNOLOGY DEVELOPMENT (ATD) 025 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY ...... 25,612 25,612 026 0603121D8Z SO/LIC ADVANCED DEVELOPMENT ...... 26,324 26,324 027 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT ...... 77,144 65,844 Reduction due to duplication of effort ...... [–11,300] 028 0603160BR COUNTERPROLIFERATION INITIATIVES—PROLIFERATION PREVENTION AND DEFEAT ...... 275,022 275,022 029 0603175C BALLISTIC MISSILE DEFENSE TECHNOLOGY ...... 79,975 79,975 030 0603200D8Z JOINT ADVANCED CONCEPTS ...... 0 0 031 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT ...... 20,032 20,032 032 0603264S AGILE TRANSPORTATION FOR THE 21ST CENTURY (AT21)—THEATER CAPABILITY ...... 3,892 3,892 033 0603274C SPECIAL PROGRAM—MDA TECHNOLOGY ...... 36,685 36,685 034 0603286E ADVANCED AEROSPACE SYSTEMS ...... 174,316 174,316 035 0603287E SPACE PROGRAMS AND TECHNOLOGY ...... 159,704 159,704 036 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT ...... 234,280 234,280 037 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY ...... 6,983 6,983 038 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS ...... 158,263 158,263 039 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES ...... 25,393 25,393 040 0603663D8Z DATA TO DECISIONS ADVANCED TECHNOLOGY DEVELOPMENT ...... 13,754 13,754 041 0603665D8Z BIOMETRICS SCIENCE AND TECHNOLOGY ...... 0 0 042 0603668D8Z CYBER SECURITY ADVANCED RESEARCH ...... 19,935 19,935 043 0603670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) ADVANCED DEVELOPMENT ...... 8,235 8,235 044 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM ...... 21,966 51,966 Industrial Base Innovation Fund ...... [30,000] 045 0603699D8Z EMERGING CAPABILITIES TECHNOLOGY DEVELOPMENT ...... 24,662 24,662 046 0603711D8Z JOINT ROBOTICS PROGRAM/AUTONOMOUS SYSTEMS ...... 0 0 047 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ...... 24,605 24,605 048 0603713S DEPLOYMENT AND DISTRIBUTION ENTERPRISE TECHNOLOGY ...... 30,678 30,678 049 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...... 65,282 65,282 050 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT ...... 72,234 69,234 DMEA upgrade reduction ...... [–3,000] 051 0603727D8Z JOINT WARFIGHTING PROGRAM ...... 8,403 8,403 052 0603739E ADVANCED ELECTRONICS TECHNOLOGIES ...... 111,008 111,008 053 0603755D8Z HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 0 0 054 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ...... 237,859 237,859 055 0603765E CLASSIFIED DARPA PROGRAMS ...... 3,000 3,000 056 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY ...... 236,883 236,883 057 0603767E SENSOR TECHNOLOGY...... 299,438 299,438 058 0603769SE DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT ...... 12,195 12,195 059 0603781D8Z SOFTWARE ENGINEERING INSTITUTE ...... 30,036 30,036 060 0603826D8Z QUICK REACTION SPECIAL PROJECTS ...... 107,002 107,002 061 0603828D8Z JOINT EXPERIMENTATION...... 0 0 062 0603828J JOINT EXPERIMENTATION...... 21,230 21,230 063 0603832D8Z DOD MODELING AND SIMULATION MANAGEMENT OFFICE ...... 47,433 47,433 064 0603901C DIRECTED ENERGY RESEARCH ...... 46,944 46,944 065 0603902C NEXT GENERATION AEGIS MISSILE ...... 224,077 224,077 066 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY ...... 92,602 92,602 067 0603942D8Z TECHNOLOGY TRANSFER...... 0 0 068 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT ...... 26,244 26,244 069 0303310D8Z CWMD SYSTEMS...... 53,946 53,946 070 1160402BB SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT ...... 45,317 45,317 071 1160422BB AVIATION ENGINEERING ANALYSIS ...... 861 861 072 1160472BB SOF INFORMATION AND BROADCAST SYSTEMS ADVANCED TECHNOLOGY ...... 4,959 4,959 SUBTOTAL, ADVANCED TECHNOLOGY DEVELOPMENT (ATD) ...... 3,194,413 3,210,113

ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 3,194,413 3,210,113 073 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P ...... 33,234 33,234 074 0603527D8Z RETRACT LARCH...... 21,023 21,023 075 0603600D8Z WALKOFF ...... 94,624 94,624 076 0603709D8Z JOINT ROBOTICS PROGRAM ...... 0 0 077 0603714D8Z ADVANCED SENSOR APPLICATIONS PROGRAM ...... 16,958 18,958 Reverse cuts to testing ...... [2,000] 078 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ...... 75,941 75,941 079 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT ...... 316,929 316,929 080 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT ...... 903,172 903,172 081 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL ...... 179,023 179,023 082 0603884C BALLISTIC MISSILE DEFENSE SENSORS ...... 347,012 347,012 083 0603888C BALLISTIC MISSILE DEFENSE TEST & TARGETS ...... 0 0 084 0603890C BMD ENABLING PROGRAMS ...... 362,711 362,711

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

085 0603891C SPECIAL PROGRAMS—MDA...... 272,387 272,387 086 0603892C AEGIS BMD...... 992,407 992,407 087 0603893C SPACE TRACKING & SURVEILLANCE SYSTEM ...... 51,313 51,313 088 0603895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS ...... 6,912 6,912 089 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT & COMMUNICATION ...... 366,552 366,552 090 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT ...... 55,550 55,550 091 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) ...... 63,043 63,043 092 0603906C REGARDING TRENCH...... 11,371 11,371 093 0603907C SEA BASED X-BAND RADAR (SBX) ...... 9,730 9,730 094 0603913C ISRAELI COOPERATIVE PROGRAMS ...... 99,836 409,836 Arrow Weapon System improvements ...... [20,000] Arrow–3 interceptor ...... [20,000] David’s Sling short-range BMD ...... [60,000] Iron Dome short-range rocket defense ...... [210,000] 095 0603914C BALLISTIC MISSILE DEFENSE TEST ...... 454,400 454,400 096 0603915C BALLISTIC MISSILE DEFENSE TARGETS ...... 435,747 435,747 097 0603920D8Z HUMANITARIAN DEMINING...... 13,231 13,231 098 0603923D8Z COALITION WARFARE...... 11,398 11,398 099 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM ...... 3,283 24,083 Increase for requirements shortfall ...... [20,800] 100 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED AIRCRAFT SYSTEM (UAS) COMMON DEVELOPMENT ...... 12,368 12,368 101 0604670D8Z HUMAN, SOCIAL AND CULTURE BEHAVIOR MODELING (HSCB) RESEARCH AND ENGINEERING ...... 5,131 5,131 102 0604775D8Z DEFENSE RAPID INNOVATION PROGRAM ...... 0 200,000 Rapid Innovation Program ...... [200,000] 103 0604787D8Z JOINT SYSTEMS INTEGRATION COMMAND (JSIC) ...... 0 0 104 0604787J JOINT SYSTEMS INTEGRATION ...... 3,273 3,273 105 0604828D8Z JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ...... 0 0 106 0604828J JOINT FIRES INTEGRATION AND INTEROPERABILITY TEAM ...... 7,364 7,364 107 0604880C LAND-BASED SM–3 (LBSM3) ...... 276,338 276,338 108 0604881C AEGIS SM–3 BLOCK IIA CO-DEVELOPMENT ...... 420,630 420,630 109 0604883C PRECISION TRACKING SPACE SENSOR RDT&E ...... 297,375 297,375 110 0604884C AIRBORNE INFRARED (ABIR) ...... 0 0 111 0604886C ADVANCED REMOTE SENSOR TECHNOLOGY (ARST) ...... 58,742 58,742 112 0605017D8Z REDUCTION OF TOTAL OWNERSHIP COST ...... 0 0 113 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM ...... 3,158 3,158 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 6,282,166 6,814,966

SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) 114 0604051D8Z DEFENSE ACQUISITION CHALLENGE PROGRAM (DACP) ...... 0 0 115 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD ...... 6,817 6,817 116 0604165D8Z PROMPT GLOBAL STRIKE CAPABILITY DEVELOPMENT ...... 110,383 110,383 117 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ...... 311,071 311,071 118 0604709D8Z JOINT ROBOTICS PROGRAM—EMD ...... 0 0 119 0604764K ADVANCED IT SERVICES JOINT PROGRAM OFFICE (AITS-JPO) ...... 25,787 25,787 120 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) ...... 20,688 20,688 121 0605000BR WEAPONS OF MASS DESTRUCTION DEFEAT CAPABILITIES ...... 5,749 5,749 122 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT ...... 12,699 12,699 123 0605018BTA DEFENSE INTEGRATED MILITARY HUMAN RESOURCES SYSTEM (DIMHRS) ...... 0 0 124 0605020BTA BUSINESS TRANSFORMATION AGENCY R&D ACTIVITIES ...... 0 0 125 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE ...... 387 387 126 0605022D8Z DEFENSE EXPORTABILITY PROGRAM ...... 1,859 1,859 127 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES ...... 7,010 7,010 128 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION ...... 133,104 133,104 129 0605075D8Z DCMO POLICY AND INTEGRATION ...... 25,269 25,269 130 0605140D8Z TRUSTED FOUNDRY...... 0 0 131 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES ...... 10,238 10,238 132 0303141K GLOBAL COMBAT SUPPORT SYSTEM ...... 19,670 19,670 133 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) ...... 3,556 3,556 134 0807708D8Z WOUNDED ILL AND INJURED SENIOR OVERSIGHT COMMITTEE (WII-SOC) STAFF OFFICE ...... 0 0 SUBTOTAL, SYSTEM DEVELOPMENT AND DEMONSTRATION (SDD) ...... 694,287 694,287

RDT&E MANAGEMENT SUPPORT 135 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) ...... 6,383 6,383 136 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT ...... 3,845 3,845 137 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) ...... 144,109 144,109 138 0604942D8Z ASSESSMENTS AND EVALUATIONS ...... 2,419 2,419 139 0604943D8Z THERMAL VICAR...... 8,214 8,214 140 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) ...... 19,380 19,380 141 0605104D8Z TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 32,266 32,266 142 0605110D8Z USD(A&T)--CRITICAL TECHNOLOGY SUPPORT ...... 840 840 143 0605117D8Z FOREIGN MATERIEL ACQUISITION AND EXPLOITATION ...... 56,012 56,012 144 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) ...... 55,508 55,508 145 0605128D8Z CLASSIFIED PROGRAM USD(P) ...... 0 0 146 0605130D8Z FOREIGN COMPARATIVE TESTING ...... 18,174 18,174 147 0605142D8Z SYSTEMS ENGINEERING...... 43,195 43,195 148 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD ...... 6,457 6,457 149 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY ...... 4,901 4,901 150 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION ...... 6,307 6,307 151 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) ...... 6,601 6,601 152 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 92,849 92,849 153 0605502BR SMALL BUSINESS INNOVATION RESEARCH ...... 0 0 154 0605502C SMALL BUSINESS INNOVATIVE RESEARCH—MDA ...... 0 0 155 0605502D8W SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

156 0605502D8Z SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 157 0605502E SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 158 0605502S SMALL BUSINESS INNOVATIVE RESEARCH ...... 0 0 159 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER (S ...... 1,857 1,857 160 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS ...... 12,056 12,056 161 0605799D8Z EMERGING CAPABILITIES...... 0 0 162 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) ...... 55,454 55,454 163 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION ...... 16,364 16,364 164 0605804D8Z DEVELOPMENT TEST AND EVALUATION ...... 15,110 20,110 DT&E increase ...... [5,000] 165 0605897E DARPA AGENCY RELOCATION ...... 0 0 166 0605898E MANAGEMENT HQ—R&D...... 69,767 69,767 167 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS ...... 4,454 4,454 168 0606301D8Z AVIATION SAFETY TECHNOLOGIES ...... 0 0 169 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) ...... 2,637 2,637 170 0204571J JOINT STAFF ANALYTICAL SUPPORT ...... 0 0 173 0303166D8Z SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 0 0 174 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES ...... 8,238 8,238 175 0303169D8Z INFORMATION TECHNOLOGY RAPID ACQUISITION ...... 0 0 176 0305103E CYBER SECURITY INITIATIVE ...... 1,801 1,801 177 0305193D8Z INTELLIGENCE SUPPORT TO INFORMATION OPERATIONS (IO) ...... 16,041 16,041 179 0305400D8Z WARFIGHTING AND INTELLIGENCE-RELATED SUPPORT ...... 0 0 180 0804767D8Z COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2) ...... 77,475 77,475 181 0901585C PENTAGON RESERVATION...... 0 0 182 0901598C MANAGEMENT HQ—MDA...... 34,855 34,855 183 0901598D8W MANAGEMENT HEADQUARTERS WHS ...... 104 104 184 0909999D8Z FINANCING FOR CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 184A 9999999999 CLASSIFIED PROGRAMS...... 64,255 64,255 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 887,928 892,928

OPERATIONAL SYSTEMS DEVELOPMENT 185 0604130V ENTERPRISE SECURITY SYSTEM (ESS) ...... 8,866 8,866 186 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MGMT ...... 3,238 3,238 187 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) ...... 288 288 188 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) ...... 14,745 14,745 189 0607828D8Z JOINT INTEGRATION AND INTEROPERABILITY ...... 0 0 190 0607828J JOINT INTEGRATION AND INTEROPERABILITY ...... 5,013 5,013 191 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) ...... 3,922 3,922 192 0208045K C4I INTEROPERABILITY...... 72,574 72,574 194 0301144K JOINT/ALLIED COALITION INFORMATION SHARING ...... 6,214 6,214 201 0302016K NATIONAL MILITARY COMMAND SYSTEM-WIDE SUPPORT ...... 499 499 202 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION ...... 14,498 14,498 203 0303126K LONG-HAUL COMMUNICATIONS—DCS...... 26,164 26,164 204 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) ...... 12,931 12,931 205 0303135G PUBLIC KEY INFRASTRUCTURE (PKI) ...... 6,296 6,296 206 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) ...... 30,948 30,948 207 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM ...... 11,780 11,780 208 0303140G INFORMATION SYSTEMS SECURITY PROGRAM ...... 191,452 191,452 209 0303140K INFORMATION SYSTEMS SECURITY PROGRAM ...... 0 0 210 0303149J C4I FOR THE WARRIOR ...... 0 0 211 0303150K GLOBAL COMMAND AND CONTROL SYSTEM ...... 36,575 36,575 212 0303153K DEFENSE SPECTRUM ORGANIZATION ...... 24,278 24,278 213 0303170K NET-CENTRIC ENTERPRISE SERVICES (NCES) ...... 2,924 2,924 214 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) ...... 1,294 1,294 215 0303610K TELEPORT PROGRAM...... 6,050 6,050 217 0304210BB SPECIAL APPLICATIONS FOR CONTINGENCIES ...... 17,058 17,058 220 0305103D8Z CYBER SECURITY INITIATIVE ...... 0 0 222 0305103K CYBER SECURITY INITIATIVE ...... 4,189 4,189 223 0305125D8Z CRITICAL INFRASTRUCTURE PROTECTION (CIP) ...... 10,462 10,462 227 0305186D8Z POLICY R&D PROGRAMS ...... 6,360 6,360 229 0305199D8Z NET CENTRICITY...... 21,190 21,190 232 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 7,114 7,714 USSOCOM UFR ...... [600] 235 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ...... 3,247 3,247 237 0305219BB MQ–1 PREDATOR A UAV ...... 1,355 1,355 239 0305231BB MQ–8 UAV...... 0 0 240 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM ...... 2,303 2,303 241 0305600D8Z INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES ...... 1,478 1,478 249 0708011S INDUSTRIAL PREPAREDNESS...... 27,044 27,044 250 0708012S LOGISTICS SUPPORT ACTIVITIES ...... 4,711 4,711 251 0902298J MANAGEMENT HQ—OJCS...... 4,100 4,100 252 1001018D8Z NATO AGS...... 0 0 253 1105219BB MQ–9 UAV...... 3,002 3,002 254 1105232BB RQ–11 UAV...... 0 0 255 1105233BB RQ–7 UAV...... 0 0 256 1160279BB SMALL BUSINESS INNOVATIVE RESEARCH/SMALL BUS TECH TRANSFER PILOT PROG ...... 0 0 257 1160403BB SPECIAL OPERATIONS AVIATION SYSTEMS ADVANCED DEVELOPMENT ...... 97,267 97,267 258 1160404BB SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT ...... 821 821 259 1160405BB SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT ...... 25,935 25,935 260 1160408BB SOF OPERATIONAL ENHANCEMENTS ...... 51,700 51,700 261 1160421BB SPECIAL OPERATIONS CV–22 DEVELOPMENT ...... 1,822 1,822 262 1160427BB MISSION TRAINING AND PREPARATION SYSTEMS (MTPS) ...... 10,131 10,131 263 1160429BB AC/MC–130J ...... 19,647 19,647

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SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

264 1160474BB SOF COMMUNICATIONS EQUIPMENT AND ELECTRONICS SYSTEMS ...... 2,225 2,225 265 1160476BB SOF TACTICAL RADIO SYSTEMS ...... 3,036 3,036 266 1160477BB SOF WEAPONS SYSTEMS ...... 1,511 1,511 267 1160478BB SOF SOLDIER PROTECTION AND SURVIVAL SYSTEMS ...... 4,263 4,263 268 1160479BB SOF VISUAL AUGMENTATION, LASERS AND SENSOR SYSTEMS ...... 4,448 4,448 269 1160480BB SOF TACTICAL VEHICLES ...... 11,325 11,325 270 1160481BB SOF MUNITIONS...... 1,515 1,515 271 1160482BB SOF ROTARY WING AVIATION ...... 24,430 24,430 272 1160483BB SOF UNDERWATER SYSTEMS ...... 26,405 34,405 Transfer from PDW Line 64 at USSOCOM request ...... [8,000] 273 1160484BB SOF SURFACE CRAFT ...... 8,573 8,573 274 1160488BB SOF MILITARY INFORMATION SUPPORT OPERATIONS ...... 0 0 275 1160489BB SOF GLOBAL VIDEO SURVEILLANCE ACTIVITIES ...... 7,620 7,620 276 1160490BB SOF OPERATIONAL ENHANCEMENTS INTELLIGENCE ...... 16,386 16,386 276A 9999999999 CLASSIFIED PROGRAMS...... 3,754,516 3,754,516 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 4,667,738 4,676,338

UNDISTRIBUTED UNDISTRIBUTED ...... –100,000 DARPA undistributed reduction ...... [–75,000] DARPA classified programs reduction ...... [–25,000]

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 17,982,161 18,444,261

OPERATIONAL TEST & EVAL, DEFENSE RDT&E MANAGEMENT SUPPORT 001 0605118OTE OPERATIONAL TEST AND EVALUATION ...... 72,501 76,501 NCR transition ...... [4,000] 002 0605131OTE LIVE FIRE TEST AND EVALUATION ...... 49,201 49,201 003 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES ...... 63,566 63,566 TOTAL, OPERATIONAL TEST & EVAL, DEFENSE ...... 185,268 189,268

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ...... 69,407,767 69,286,218

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CON- TINGENCY OPERATIONS.

SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 060 0603747A SOLDIER SUPPORT AND SURVIVABILITY ...... 19,860 19,860 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 19,860 19,860 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY ...... 19,860 19,860

RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 056 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT ...... 4,600 4,600 SUBTOTAL, ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES ...... 4,600 4,600

SYSTEM DEVELOPMENT & DEMONSTRATION 131 0604771N MEDICAL DEVELOPMENT...... 2,173 2,173 SUBTOTAL, SYSTEM DEVELOPMENT & DEMONSTRATION ...... 2,173 2,173

RDT&E MANAGEMENT SUPPORT 160 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT ...... 5,200 5,200 SUBTOTAL, RDT&E MANAGEMENT SUPPORT ...... 5,200 5,200

OPERATIONAL SYSTEMS DEVELOPMENT 195 0206624M MARINE CORPS COMBAT SERVICES SUPPORT ...... 6,762 6,762 221 0305233N RQ–7 UAV...... 7,600 7,600 230A 9999999999 CLASSIFIED PROGRAMS...... 33,784 33,784 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 48,146 48,146 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY ...... 60,119 60,119

RESEARCH, DEVELOPMENT, TEST & EVAL, AF OPERATIONAL SYSTEMS DEVELOPMENT 249A 9999999999 CLASSIFIED PROGRAMS...... 53,150 53,150 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 53,150 53,150 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, AF ...... 53,150 53,150

RESEARCH, DEVELOPMENT, TEST & EVAL, DW OPERATIONAL SYSTEMS DEVELOPMENT 239 0305231BB MQ–8 UAV...... 5,000 5,000 276A 9999999999 CLASSIFIED PROGRAMS...... 107,387 107,387 SUBTOTAL, OPERATIONAL SYSTEMS DEVELOPMENT ...... 112,387 112,387 TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL, DW ...... 112,387 112,387

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SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) Program FY 2013 Senate Line Element Item Request Authorized

TOTAL, RESEARCH, DEVELOPMENT, TEST & EVAL ...... 245,516 245,516

TITLE XLIII—OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE.

SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS...... 1,223,087 1,223,087 020 MODULAR SUPPORT BRIGADES ...... 80,574 80,574 030 ECHELONS ABOVE BRIGADE ...... 723,039 723,039 040 THEATER LEVEL ASSETS ...... 706,974 706,974 050 LAND FORCES OPERATIONS SUPPORT ...... 1,226,650 1,226,650 060 AVIATION ASSETS...... 1,319,832 1,319,832 070 FORCE READINESS OPERATIONS SUPPORT ...... 3,447,174 3,447,174 080 LAND FORCES SYSTEMS READINESS ...... 454,774 454,774 090 LAND FORCES DEPOT MAINTENANCE ...... 1,762,757 1,762,757 100 BASE OPERATIONS SUPPORT ...... 7,401,613 7,401,613 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 3,041,074 3,041,074 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 410,171 410,171 130 COMBATANT COMMANDERS CORE OPERATIONS ...... 177,819 177,819 140 ADDITIONAL ACTIVITIES...... 0 0 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ...... 0 0 160 RESET ...... 0 0 170 COMBATANT COMMANDERS ANCILLARY MISSIONS ...... 461,333 461,333 SUBTOTAL, OPERATING FORCES ...... 22,436,871 22,436,871

MOBILIZATION 180 STRATEGIC MOBILITY...... 405,496 405,496 190 ARMY PREPOSITIONING STOCKS ...... 195,349 195,349 200 INDUSTRIAL PREPAREDNESS...... 6,379 6,379 SUBTOTAL, MOBILIZATION ...... 607,224 607,224

TRAINING AND RECRUITING 210 OFFICER ACQUISITION...... 112,866 112,866 220 RECRUIT TRAINING...... 73,265 73,265 230 ONE STATION UNIT TRAINING ...... 51,227 51,227 240 SENIOR RESERVE OFFICERS TRAINING CORPS ...... 443,306 443,306 250 SPECIALIZED SKILL TRAINING ...... 1,099,556 1,099,556 260 FLIGHT TRAINING...... 1,130,627 1,130,627 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 191,683 191,683 280 TRAINING SUPPORT...... 652,095 652,095 290 RECRUITING AND ADVERTISING ...... 507,510 507,510 300 EXAMINING ...... 156,964 156,964 310 OFF-DUTY AND VOLUNTARY EDUCATION ...... 244,343 244,343 320 CIVILIAN EDUCATION AND TRAINING ...... 212,477 212,477 330 JUNIOR ROTC...... 182,691 182,691 SUBTOTAL, TRAINING AND RECRUITING ...... 5,058,610 5,058,610

ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION...... 601,331 601,331 360 CENTRAL SUPPLY ACTIVITIES ...... 741,324 741,324 370 LOGISTIC SUPPORT ACTIVITIES ...... 610,136 610,136 380 AMMUNITION MANAGEMENT...... 478,707 478,707 390 ADMINISTRATION ...... 556,307 539,107 GFEBS realignment per Army request ...... [–17,200] 400 SERVICEWIDE COMMUNICATIONS...... 1,547,925 1,547,925 410 MANPOWER MANAGEMENT...... 362,205 362,205 420 OTHER PERSONNEL SUPPORT ...... 220,754 220,754 430 OTHER SERVICE SUPPORT ...... 1,153,556 1,145,456 Decrease for ahead of need request ...... [–8,100] 440 ARMY CLAIMS ACTIVITIES ...... 250,970 250,970 450 REAL ESTATE MANAGEMENT ...... 222,351 222,351 460 BASE OPERATIONS SUPPORT ...... 222,379 222,379 470 SUPPORT OF NATO OPERATIONS ...... 459,710 459,710 480 MISC. SUPPORT OF OTHER NATIONS ...... 25,637 25,637 490 CLASSIFIED PROGRAMS...... 1,052,595 1,052,595 SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES ...... 8,505,887 8,480,587

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

UNDISTRIBUTED UNDISTRIBUTED ...... –120,000 Unobligated balances ...... [–120,000]

TOTAL, OPERATION & MAINTENANCE, ARMY ...... 36,608,592 36,463,292

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 4,918,144 4,918,144 020 FLEET AIR TRAINING ...... 1,886,825 1,886,825 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 44,032 44,032 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 101,565 101,565 050 AIR SYSTEMS SUPPORT ...... 374,827 374,827 060 AIRCRAFT DEPOT MAINTENANCE ...... 960,802 960,802 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 37,545 37,545 080 AVIATION LOGISTICS...... 328,805 328,805 090 MISSION AND OTHER SHIP OPERATIONS ...... 4,686,535 4,686,535 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 769,204 769,204 110 SHIP DEPOT MAINTENANCE ...... 5,089,981 5,089,981 120 SHIP DEPOT OPERATIONS SUPPORT ...... 1,315,366 1,315,366 130 COMBAT COMMUNICATIONS...... 619,909 619,909 140 ELECTRONIC WARFARE...... 92,364 92,364 150 SPACE SYSTEMS AND SURVEILLANCE ...... 174,437 174,437 160 WARFARE TACTICS...... 441,035 441,035 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 333,554 333,554 180 COMBAT SUPPORT FORCES ...... 910,087 910,087 190 EQUIPMENT MAINTENANCE...... 167,158 167,158 200 DEPOT OPERATIONS SUPPORT ...... 4,183 4,183 210 COMBATANT COMMANDERS CORE OPERATIONS ...... 95,528 95,528 220 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 204,569 204,569 230 CRUISE MISSILE...... 111,884 111,884 240 FLEET BALLISTIC MISSILE ...... 1,181,038 1,181,038 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...... 87,606 87,606 260 WEAPONS MAINTENANCE...... 519,583 519,583 270 OTHER WEAPON SYSTEMS SUPPORT ...... 300,435 300,435 280 ENTERPRISE INFORMATION...... 1,077,924 1,077,924 290 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 2,101,279 2,101,279 300 BASE OPERATING SUPPORT ...... 4,822,093 4,822,093 SUBTOTAL, OPERATING FORCES ...... 33,758,297 33,758,297

MOBILIZATION 310 SHIP PREPOSITIONING AND SURGE ...... 334,659 334,659 320 AIRCRAFT ACTIVATIONS/INACTIVATIONS...... 6,562 6,562 330 SHIP ACTIVATIONS/INACTIVATIONS...... 1,066,329 1,066,329 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 83,901 83,901 350 INDUSTRIAL READINESS...... 2,695 2,695 360 COAST GUARD SUPPORT ...... 23,502 23,502 SUBTOTAL, MOBILIZATION ...... 1,517,648 1,517,648

TRAINING AND RECRUITING 370 OFFICER ACQUISITION...... 147,807 147,807 380 RECRUIT TRAINING...... 10,473 10,473 390 RESERVE OFFICERS TRAINING CORPS ...... 139,220 139,220 400 SPECIALIZED SKILL TRAINING ...... 582,177 582,177 410 FLIGHT TRAINING...... 5,456 5,456 420 PROFESSIONAL DEVELOPMENT EDUCATION ...... 170,746 170,746 430 TRAINING SUPPORT...... 153,403 153,403 440 RECRUITING AND ADVERTISING ...... 241,329 241,329 450 OFF-DUTY AND VOLUNTARY EDUCATION ...... 108,226 108,226 460 CIVILIAN EDUCATION AND TRAINING ...... 105,776 105,776 470 JUNIOR ROTC...... 51,817 51,817 SUBTOTAL, TRAINING AND RECRUITING ...... 1,716,430 1,716,430

ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION ...... 797,177 797,177 490 EXTERNAL RELATIONS...... 12,872 12,872 500 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...... 120,181 120,181 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 235,753 235,753 520 OTHER PERSONNEL SUPPORT ...... 263,060 263,060 530 SERVICEWIDE COMMUNICATIONS...... 363,213 363,213 540 MEDICAL ACTIVITIES...... 0 0 550 SERVICEWIDE TRANSPORTATION...... 182,343 182,343 560 ENVIRONMENTAL PROGRAMS...... 0 0

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

570 PLANNING, ENGINEERING AND DESIGN ...... 282,464 282,464 580 ACQUISITION AND PROGRAM MANAGEMENT ...... 1,092,123 1,092,123 590 HULL, MECHANICAL AND ELECTRICAL SUPPORT ...... 53,560 53,560 600 COMBAT/WEAPONS SYSTEMS...... 25,299 25,299 610 SPACE AND ELECTRONIC WARFARE SYSTEMS ...... 64,418 64,418 620 NAVAL INVESTIGATIVE SERVICE ...... 580,042 580,042 680 INTERNATIONAL HEADQUARTERS AND AGENCIES ...... 4,984 4,984 690 CANCELLED ACCOUNT ADJUSTMENTS ...... 0 0 700 JUDGEMENT FUND...... 0 0 710 CLASSIFIED PROGRAMS...... 537,079 537,079 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 4,614,568 4,614,568

UNDISTRIBUTED UNDISTRIBUTED ...... –23,000 Unobligated balances ...... [–23,000]

TOTAL, OPERATION & MAINTENANCE, NAVY ...... 41,606,943 41,583,943

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 788,055 788,055 020 FIELD LOGISTICS...... 762,614 762,614 030 DEPOT MAINTENANCE...... 168,447 168,447 040 MARITIME PREPOSITIONING...... 100,374 100,374 050 SUSTAINMENT, RESTORATION & MODERNIZATION ...... 825,039 825,039 060 BASE OPERATING SUPPORT ...... 2,188,883 2,188,883 SUBTOTAL, OPERATING FORCES ...... 4,833,412 4,833,412

TRAINING AND RECRUITING 070 RECRUIT TRAINING...... 18,251 18,251 080 OFFICER ACQUISITION...... 869 869 090 SPECIALIZED SKILL TRAINING ...... 80,914 80,914 100 PROFESSIONAL DEVELOPMENT EDUCATION ...... 42,744 42,744 110 TRAINING SUPPORT...... 292,150 292,150 120 RECRUITING AND ADVERTISING ...... 168,609 168,609 130 OFF-DUTY AND VOLUNTARY EDUCATION ...... 56,865 56,865 140 JUNIOR ROTC...... 19,912 19,912 SUBTOTAL, TRAINING AND RECRUITING ...... 680,314 680,314

ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION...... 39,962 39,962 170 ACQUISITION AND PROGRAM MANAGEMENT ...... 83,404 83,404 180 CANCELLED ACCOUNT ADJUSTMENT ...... 0 0 190 CLASSIFIED PROGRAMS...... 346,071 346,071 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 469,437 469,437

TOTAL, OPERATION & MAINTENANCE, MARINE CORPS ...... 5,983,163 5,983,163

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 2,973,141 2,973,141 020 COMBAT ENHANCEMENT FORCES ...... 1,611,032 1,611,032 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 1,472,806 1,472,806 040 DEPOT MAINTENANCE...... 5,545,470 5,545,470 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 1,353,987 1,353,987 060 BASE SUPPORT...... 2,595,032 2,595,032 070 GLOBAL C3I AND EARLY WARNING ...... 957,040 957,040 080 OTHER COMBAT OPS SPT PROGRAMS ...... 916,200 916,200 090 JCS EXERCISES...... 0 0 100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 733,716 733,716 110 LAUNCH FACILITIES...... 314,490 314,490 120 SPACE CONTROL SYSTEMS ...... 488,762 488,762 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 862,979 862,979 140 COMBATANT COMMANDERS CORE OPERATIONS ...... 222,429 222,429 SUBTOTAL, OPERATING FORCES ...... 20,047,084 20,047,084

MOBILIZATION 150 AIRLIFT OPERATIONS...... 1,785,379 1,785,379 160 MOBILIZATION PREPAREDNESS...... 154,049 154,049 170 DEPOT MAINTENANCE...... 1,477,396 1,477,396 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 309,699 309,699 190 BASE SUPPORT...... 707,574 707,574 SUBTOTAL, MOBILIZATION ...... 4,434,097 4,434,097

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

TRAINING AND RECRUITING 200 OFFICER ACQUISITION...... 115,427 115,427 210 RECRUIT TRAINING...... 17,619 17,619 220 RESERVE OFFICERS TRAINING CORPS (ROTC) ...... 92,949 92,949 230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 336,433 336,433 240 BASE SUPPORT...... 842,441 842,441 250 SPECIALIZED SKILL TRAINING ...... 482,634 482,634 260 FLIGHT TRAINING...... 750,609 750,609 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 235,114 235,114 280 TRAINING SUPPORT...... 101,231 101,231 290 DEPOT MAINTENANCE...... 233,330 233,330 300 JUDGEMENT FUND...... 0 0 310 RECRUITING AND ADVERTISING ...... 130,217 130,217 320 EXAMINING ...... 2,738 2,738 330 OFF-DUTY AND VOLUNTARY EDUCATION ...... 155,170 155,170 340 CIVILIAN EDUCATION AND TRAINING ...... 175,147 175,147 350 JUNIOR ROTC...... 74,809 74,809 SUBTOTAL, TRAINING AND RECRUITING ...... 3,745,868 3,745,868

ADMIN & SRVWD ACTIVITIES 360 LOGISTICS OPERATIONS...... 1,029,734 1,029,734 370 TECHNICAL SUPPORT ACTIVITIES ...... 913,843 913,843 390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 303,610 303,610 400 BASE SUPPORT...... 1,266,800 1,266,800 410 ADMINISTRATION ...... 587,654 587,654 420 SERVICEWIDE COMMUNICATIONS...... 667,910 667,910 430 OTHER SERVICEWIDE ACTIVITIES ...... 1,094,509 1,094,509 440 CIVIL AIR PATROL ...... 23,904 23,904 450 JUDGEMENT FUND REIMBURSEMENT ...... 0 0 470 INTERNATIONAL SUPPORT...... 81,307 81,307 480 CLASSIFIED PROGRAMS...... 1,239,040 1,239,040 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 7,208,311 7,208,311

UNDISTRIBUTED UNDISTRIBUTED ...... –32,000 Unobligated balances ...... [–32,000]

TOTAL, OPERATION & MAINTENANCE, AIR FORCE ...... 35,435,360 35,403,360

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 485,708 485,708 020 SPECIAL OPERATIONS COMMAND ...... 0 5,107,501 Transfer from Line 025 ...... [5,091,001] USSOCOM UFR ...... [16,500] 025 CLASSIFIED PROGRAMS...... 5,091,001 0 Transfer to Line 020 ...... [–5,091,001] SUBTOTAL, OPERATING FORCES ...... 5,576,709 5,593,209

TRAINING AND RECRUITING 030 DEFENSE ACQUISITION UNIVERSITY ...... 147,210 147,210 040 NATIONAL DEFENSE UNIVERSITY ...... 84,999 84,999 SUBTOTAL, TRAINING AND RECRUITING ...... 232,209 232,209

ADMIN & SRVWD ACTIVITIES 050 CIVIL MILITARY PROGRAMS ...... 161,294 161,294 070 DEFENSE BUSINESS TRANSFORMATION AGENCY ...... 0 0 080 DEFENSE CONTRACT AUDIT AGENCY ...... 573,973 573,973 090 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 1,293,196 1,293,196 100 DEFENSE FINANCE AND ACCOUNTING SERVICE ...... 17,513 17,513 110 DEFENSE HUMAN RESOURCES ACTIVITY ...... 676,186 676,186 120 DEFENSE INFORMATION SYSTEMS AGENCY ...... 1,346,847 1,346,847 140 DEFENSE LEGAL SERVICES AGENCY ...... 35,137 35,137 150 DEFENSE LOGISTICS AGENCY ...... 431,893 431,893 160 DEFENSE MEDIA ACTIVITY ...... 224,013 224,013 170 DEFENSE POW/MIA OFFICE ...... 21,964 21,964 180 DEFENSE SECURITY COOPERATION AGENCY ...... 557,917 540,317 Program decrease—Defense Security Assessment ...... [–2,600] Program decrease—Global Train and Equip ...... [–15,000] 190 DEFENSE SECURITY SERVICE ...... 506,662 Transfer from Line 280 ...... [506,662] 200 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ...... 35,319 35,319 210 DEFENSE THREAT REDUCTION AGENCY ...... 443,382 Transfer from Line 280 ...... [443,382]

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 2,744,971 2,744,971 230 MISSILE DEFENSE AGENCY ...... 259,975 259,975 250 OFFICE OF ECONOMIC ADJUSTMENT ...... 253,437 114,037 Decrease for ahead of need request ...... [–139,400] 260 OFFICE OF THE SECRETARY OF DEFENSE ...... 2,095,362 2,095,362 270 WASHINGTON HEADQUARTERS SERVICE ...... 521,297 521,297 280 CLASSIFIED PROGRAMS...... 14,933,801 14,158,757 Transfer to Line 190 ...... [–506,662] Transfer to Line 210 ...... [–443,382] Commercial imagery service level agreement ...... [125,000] Additional ISR Support to Operation Observant Compass ...... [50,000] SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 26,184,095 26,202,095

UNDISTRIBUTED UNDISTRIBUTED ...... 5,000 Unobligated balances ...... [–25,000] Impact aid for schools with military dependent students ...... [25,000] Impact aid for children with severe disabilities ...... [5,000]

TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ...... 31,993,013 32,032,513

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MANEUVER UNITS...... 1,391 1,391 020 MODULAR SUPPORT BRIGADES ...... 20,889 20,889 030 ECHELONS ABOVE BRIGADE ...... 592,724 592,724 040 THEATER LEVEL ASSETS ...... 114,983 114,983 050 LAND FORCES OPERATIONS SUPPORT ...... 633,091 633,091 060 AVIATION ASSETS...... 76,823 76,823 070 FORCE READINESS OPERATIONS SUPPORT ...... 481,997 481,997 080 LAND FORCES SYSTEMS READINESS ...... 70,118 70,118 090 LAND FORCES DEPOT MAINTENANCE ...... 141,205 141,205 100 BASE OPERATIONS SUPPORT ...... 561,878 561,878 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 287,399 287,399 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 52,431 52,431 130 ADDITIONAL ACTIVITIES...... 0 0 SUBTOTAL, OPERATING FORCES ...... 3,034,929 3,034,929

ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION...... 12,995 12,995 150 ADMINISTRATION ...... 32,432 32,432 160 SERVICEWIDE COMMUNICATIONS...... 4,895 4,895 170 MANPOWER MANAGEMENT...... 16,074 16,074 180 RECRUITING AND ADVERTISING ...... 60,683 60,683 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 127,079 127,079 TOTAL, OPERATION & MAINTENANCE, ARMY RES ...... 3,162,008 3,162,008

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 616,776 616,776 020 INTERMEDIATE MAINTENANCE...... 15,076 15,076 030 AIR OPERATIONS AND SAFETY SUPPORT ...... 1,479 1,479 040 AIRCRAFT DEPOT MAINTENANCE ...... 107,251 107,251 050 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 355 355 060 MISSION AND OTHER SHIP OPERATIONS ...... 82,186 82,186 070 SHIP OPERATIONS SUPPORT & TRAINING ...... 589 589 080 SHIP DEPOT MAINTENANCE ...... 48,593 48,593 090 COMBAT COMMUNICATIONS...... 15,274 15,274 100 COMBAT SUPPORT FORCES ...... 124,917 124,917 110 WEAPONS MAINTENANCE...... 1,978 1,978 120 ENTERPRISE INFORMATION...... 43,699 43,699 130 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 60,646 60,646 140 BASE OPERATING SUPPORT ...... 105,227 105,227 SUBTOTAL, OPERATING FORCES ...... 1,224,046 1,224,046

ADMIN & SRVWD ACTIVITIES 150 ADMINISTRATION ...... 3,117 3,117 160 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 14,337 14,337 170 SERVICEWIDE COMMUNICATIONS...... 2,392 2,392 180 ACQUISITION AND PROGRAM MANAGEMENT ...... 3,090 3,090 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 22,936 22,936 TOTAL, OPERATION & MAINTENANCE, NAVY RES ...... 1,246,982 1,246,982

OPERATION & MAINTENANCE, MC RESERVE

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

OPERATING FORCES 010 OPERATING FORCES...... 89,690 89,690 020 DEPOT MAINTENANCE...... 16,735 16,735 030 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 37,913 37,913 040 BASE OPERATING SUPPORT ...... 103,746 103,746 SUBTOTAL, OPERATING FORCES ...... 248,084 248,084

ADMIN & SRVWD ACTIVITIES 050 SERVICEWIDE TRANSPORTATION...... 873 873 060 ADMINISTRATION ...... 14,330 14,330 070 RECRUITING AND ADVERTISING ...... 8,998 8,998 080 CANCELLED ACCOUNT ADJUSTMENT ...... 0 0 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 24,201 24,201 TOTAL, OPERATION & MAINTENANCE, MC RESERVE ...... 272,285 272,285

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 2,089,326 2,089,326 020 MISSION SUPPORT OPERATIONS ...... 112,992 112,992 030 DEPOT MAINTENANCE...... 406,101 406,101 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 71,564 71,564 050 BASE SUPPORT...... 364,862 364,862 SUBTOTAL, OPERATING FORCES ...... 3,044,845 3,044,845

ADMIN & SRVWD ACTIVITIES 060 ADMINISTRATION ...... 78,824 78,824 070 RECRUITING AND ADVERTISING ...... 16,020 16,020 080 MILITARY MANPOWER AND PERS MGMT (ARPC) ...... 19,496 19,496 090 OTHER PERS SUPPORT (DISABILITY COMP) ...... 6,489 6,489 100 AUDIOVISUAL ...... 808 808 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 121,637 121,637 TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...... 3,166,482 3,166,482

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 680,206 680,206 020 MODULAR SUPPORT BRIGADES ...... 186,408 186,408 030 ECHELONS ABOVE BRIGADE ...... 865,628 865,628 040 THEATER LEVEL ASSETS ...... 112,651 112,651 050 LAND FORCES OPERATIONS SUPPORT ...... 36,091 36,091 060 AVIATION ASSETS...... 907,011 907,011 070 FORCE READINESS OPERATIONS SUPPORT ...... 751,606 751,606 080 LAND FORCES SYSTEMS READINESS ...... 60,043 60,043 090 LAND FORCES DEPOT MAINTENANCE ...... 411,940 411,940 100 BASE OPERATIONS SUPPORT ...... 995,423 995,423 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 688,189 688,189 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 953,716 953,716 SUBTOTAL, OPERATING FORCES ...... 6,648,912 6,648,912

ADMIN & SRVWD ACTIVITIES 130 SERVICEWIDE TRANSPORTATION...... 11,806 11,806 140 REAL ESTATE MANAGEMENT ...... 1,656 1,656 150 ADMINISTRATION ...... 89,358 89,358 160 SERVICEWIDE COMMUNICATIONS...... 39,513 39,513 170 MANPOWER MANAGEMENT...... 7,224 7,224 180 RECRUITING AND ADVERTISING ...... 310,143 310,143 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 459,700 459,700 TOTAL, OPERATION & MAINTENANCE, ARNG ...... 7,108,612 7,108,612

OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS...... 3,559,824 3,559,824 020 MISSION SUPPORT OPERATIONS ...... 721,225 721,225 030 DEPOT MAINTENANCE...... 774,875 774,875 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 270,709 270,709 050 BASE SUPPORT...... 624,443 624,443 SUBTOTAL, OPERATING FORCES ...... 5,951,076 5,951,076

ADMIN & SRVWD ACTIVITIES 060 ADMINISTRATION ...... 32,358 32,358 070 RECRUITING AND ADVERTISING ...... 32,021 32,021 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 64,379 64,379 TOTAL, OPERATION & MAINTENANCE, ANG ...... 6,015,455 6,015,455

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SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

MISCELLANEOUS APPROPRIATIONS 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE ...... 13,516 13,516 040 ACQ WORKFORCE DEV FD ...... 274,198 274,198 020 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID ...... 108,759 108,759 030 COOPERATIVE THREAT REDUCTION ...... 519,111 519,111 050 ENVIRONMENTAL RESTORATION, ARMY ...... 335,921 335,921 060 ENVIRONMENTAL RESTORATION, NAVY ...... 310,594 310,594 070 ENVIRONMENTAL RESTORATION, AIR FORCE ...... 529,263 529,263 080 ENVIRONMENTAL RESTORATION, DEFENSE ...... 11,133 11,133 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES ...... 237,543 237,543 TOTAL, MISCELLANEOUS APPROPRIATIONS ...... 2,340,038 2,340,038

TOTAL, OPERATION & MAINTENANCE ...... 174,938,933 174,778,133

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPER- ATIONS.

SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

OPERATION & MAINTENANCE, ARMY OPERATING FORCES 040 THEATER LEVEL ASSETS ...... 2,758,162 2,758,162 050 LAND FORCES OPERATIONS SUPPORT ...... 991,396 991,396 060 AVIATION ASSETS...... 40,300 40,300 070 FORCE READINESS OPERATIONS SUPPORT ...... 1,755,445 1,755,445 080 LAND FORCES SYSTEMS READINESS ...... 307,244 307,244 100 BASE OPERATIONS SUPPORT ...... 393,165 393,165 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 250,000 250,000 140 ADDITIONAL ACTIVITIES...... 12,524,137 12,524,137 150 COMMANDERS EMERGENCY RESPONSE PROGRAM ...... 400,000 200,000 Program decrease ...... [–200,000] 160 RESET ...... 3,687,973 3,687,973 SUBTOTAL, OPERATING FORCES ...... 23,107,822 22,907,822

ADMIN & SRVWIDE ACTIVITIES 350 SERVICEWIDE TRANSPORTATION...... 3,238,310 3,238,310 360 CENTRAL SUPPLY ACTIVITIES ...... 129,000 129,000 380 AMMUNITION MANAGEMENT...... 78,022 78,022 420 OTHER PERSONNEL SUPPORT ...... 137,277 97,277 Transfer to OPA OCO Line 061 at SOUTHCOM request ...... [–40,000] 430 OTHER SERVICE SUPPORT ...... 72,293 72,293 490 CLASSIFIED PROGRAMS...... 1,828,717 1,828,717 SUBTOTAL, ADMIN & SRVWIDE ACTIVITIES ...... 5,483,619 5,443,619 TOTAL, OPERATION & MAINTENANCE, ARMY ...... 28,591,441 28,351,441

OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 937,098 937,098 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES ...... 1,000 1,000 040 AIR OPERATIONS AND SAFETY SUPPORT ...... 15,794 15,794 050 AIR SYSTEMS SUPPORT ...... 19,013 19,013 060 AIRCRAFT DEPOT MAINTENANCE ...... 201,912 201,912 070 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 3,000 3,000 080 AVIATION LOGISTICS...... 44,150 44,150 090 MISSION AND OTHER SHIP OPERATIONS ...... 463,738 463,738 100 SHIP OPERATIONS SUPPORT & TRAINING ...... 24,774 24,774 110 SHIP DEPOT MAINTENANCE ...... 1,310,010 1,310,010 130 COMBAT COMMUNICATIONS...... 42,965 42,965 160 WARFARE TACTICS...... 25,970 25,970 170 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 19,226 19,226 180 COMBAT SUPPORT FORCES ...... 1,668,359 1,668,359 190 EQUIPMENT MAINTENANCE...... 7,954 7,954 250 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...... 94,655 94,655 260 WEAPONS MAINTENANCE...... 303,087 303,087 290 SUSTAINMENT, RESTORATION AND MODERNIZATION ...... 3,218 3,218 300 BASE OPERATING SUPPORT ...... 143,442 143,442 SUBTOTAL, OPERATING FORCES ...... 5,329,365 5,329,365

MOBILIZATION 340 EXPEDITIONARY HEALTH SERVICES SYSTEMS ...... 31,395 31,395

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

360 COAST GUARD SUPPORT ...... 254,461 254,461 SUBTOTAL, MOBILIZATION ...... 285,856 285,856

TRAINING AND RECRUITING 400 SPECIALIZED SKILL TRAINING ...... 50,903 50,903 SUBTOTAL, TRAINING AND RECRUITING ...... 50,903 50,903

ADMIN & SRVWD ACTIVITIES 480 ADMINISTRATION ...... 1,377 1,377 490 EXTERNAL RELATIONS...... 487 487 510 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 6,022 6,022 520 OTHER PERSONNEL SUPPORT ...... 3,514 3,514 550 SERVICEWIDE TRANSPORTATION...... 184,864 184,864 580 ACQUISITION AND PROGRAM MANAGEMENT ...... 2,026 2,026 620 NAVAL INVESTIGATIVE SERVICE ...... 1,425 1,425 710 CLASSIFIED PROGRAMS...... 14,556 14,556 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 214,271 214,271 TOTAL, OPERATION & MAINTENANCE, NAVY ...... 5,880,395 5,880,395

OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES...... 1,921,258 1,921,258 020 FIELD LOGISTICS...... 1,094,028 1,094,028 030 DEPOT MAINTENANCE...... 222,824 222,824 060 BASE OPERATING SUPPORT ...... 88,690 88,690 SUBTOTAL, OPERATING FORCES ...... 3,326,800 3,326,800

TRAINING AND RECRUITING 110 TRAINING SUPPORT...... 215,212 215,212 SUBTOTAL, TRAINING AND RECRUITING ...... 215,212 215,212

ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION...... 512,627 512,627 190 CLASSIFIED PROGRAMS...... 11,701 11,701 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 524,328 524,328 TOTAL, OPERATION & MAINTENANCE, MARINE CORPS ...... 4,066,340 4,066,340

OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 1,494,144 1,494,144 020 COMBAT ENHANCEMENT FORCES ...... 809,531 809,531 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) ...... 13,095 13,095 040 DEPOT MAINTENANCE...... 1,403,238 1,403,238 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 155,954 155,954 060 BASE SUPPORT...... 342,226 342,226 070 GLOBAL C3I AND EARLY WARNING ...... 15,108 15,108 080 OTHER COMBAT OPS SPT PROGRAMS ...... 271,390 271,390 100 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 25,400 25,400 120 SPACE CONTROL SYSTEMS ...... 5,110 5,110 130 COMBATANT COMMANDERS DIRECT MISSION SUPPORT ...... 52,173 52,173 SUBTOTAL, OPERATING FORCES ...... 4,587,369 4,587,369

MOBILIZATION 150 AIRLIFT OPERATIONS...... 3,187,211 3,187,211 160 MOBILIZATION PREPAREDNESS...... 43,509 43,509 170 DEPOT MAINTENANCE...... 554,943 554,943 180 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 4,431 4,431 190 BASE SUPPORT...... 9,256 9,256 SUBTOTAL, MOBILIZATION ...... 3,799,350 3,799,350

TRAINING AND RECRUITING 230 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 424 424 240 BASE SUPPORT...... 1,036 1,036 250 SPECIALIZED SKILL TRAINING ...... 10,923 10,923 260 FLIGHT TRAINING...... 72 72 270 PROFESSIONAL DEVELOPMENT EDUCATION ...... 323 323 280 TRAINING SUPPORT...... 352 352 SUBTOTAL, TRAINING AND RECRUITING ...... 13,130 13,130

ADMIN & SRVWD ACTIVITIES 360 LOGISTICS OPERATIONS...... 100,429 100,429 390 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION ...... 47,200 47,200 400 BASE SUPPORT...... 7,242 7,242 410 ADMINISTRATION ...... 1,552 1,552

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

420 SERVICEWIDE COMMUNICATIONS...... 82,094 82,094 430 OTHER SERVICEWIDE ACTIVITIES ...... 582,977 582,977 480 CLASSIFIED PROGRAMS...... 20,270 20,270 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 841,764 841,764 TOTAL, OPERATION & MAINTENANCE, AIR FORCE ...... 9,241,613 9,241,613

OPERATION & MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF ...... 2,000 2,000 020 SPECIAL OPERATIONS COMMAND ...... 2,503,060 2,503,060 SUBTOTAL, OPERATING FORCES ...... 2,505,060 2,505,060

ADMIN & SRVWD ACTIVITIES 080 DEFENSE CONTRACT AUDIT AGENCY ...... 30,674 30,674 090 DEFENSE CONTRACT MANAGEMENT AGENCY ...... 69,803 69,803 110 DEFENSE HUMAN RESOURCES ACTIVITY ...... 3,334 3,334 120 DEFENSE INFORMATION SYSTEMS AGENCY ...... 152,925 152,925 140 DEFENSE LEGAL SERVICES AGENCY ...... 102,322 102,322 160 DEFENSE MEDIA ACTIVITY ...... 10,823 10,823 180 DEFENSE SECURITY COOPERATION AGENCY ...... 2,200,000 2,200,000 220 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ...... 139,830 139,830 260 OFFICE OF THE SECRETARY OF DEFENSE ...... 87,805 87,805 280 CLASSIFIED PROGRAMS...... 2,522,003 2,522,003 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 5,319,519 5,319,519 TOTAL, OPERATION & MAINTENANCE, DEFENSE-WIDE ...... 7,824,579 7,824,579

OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 030 ECHELONS ABOVE BRIGADE ...... 78,600 78,600 050 LAND FORCES OPERATIONS SUPPORT ...... 20,811 20,811 070 FORCE READINESS OPERATIONS SUPPORT ...... 20,726 20,726 100 BASE OPERATIONS SUPPORT ...... 34,400 34,400 SUBTOTAL, OPERATING FORCES ...... 154,537 154,537 TOTAL, OPERATION & MAINTENANCE, ARMY RES ...... 154,537 154,537

OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS ...... 24,834 24,834 020 INTERMEDIATE MAINTENANCE...... 300 300 040 AIRCRAFT DEPOT MAINTENANCE ...... 13,364 13,364 060 MISSION AND OTHER SHIP OPERATIONS ...... 8,213 8,213 080 SHIP DEPOT MAINTENANCE ...... 929 929 100 COMBAT SUPPORT FORCES ...... 8,244 8,244 140 BASE OPERATING SUPPORT ...... 40 40 SUBTOTAL, OPERATING FORCES ...... 55,924 55,924

TOTAL, OPERATION & MAINTENANCE, NAVY RES ...... 55,924 55,924

OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES...... 22,657 22,657 040 BASE OPERATING SUPPORT ...... 2,820 2,820 SUBTOTAL, OPERATING FORCES ...... 25,477 25,477

TOTAL, OPERATION & MAINTENANCE, MC RESERVE ...... 25,477 25,477

OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES ...... 7,600 7,600 030 DEPOT MAINTENANCE...... 106,768 106,768 050 BASE SUPPORT...... 6,250 6,250 SUBTOTAL, OPERATING FORCES ...... 120,618 120,618 TOTAL, OPERATION & MAINTENANCE, AF RESERVE ...... 120,618 120,618

OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS...... 38,485 38,485 020 MODULAR SUPPORT BRIGADES ...... 1,959 1,959 030 ECHELONS ABOVE BRIGADE ...... 20,076 20,076 040 THEATER LEVEL ASSETS ...... 2,028 2,028 060 AVIATION ASSETS...... 183,811 183,811 070 FORCE READINESS OPERATIONS SUPPORT ...... 43,780 43,780 100 BASE OPERATIONS SUPPORT ...... 70,237 70,237 120 MANAGEMENT AND OPERATIONAL HQ’S ...... 20,072 20,072

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SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Line Item Request Authorized

SUBTOTAL, OPERATING FORCES ...... 380,448 380,448

ADMIN & SRVWD ACTIVITIES 160 SERVICEWIDE COMMUNICATIONS...... 2,000 2,000 SUBTOTAL, ADMIN & SRVWD ACTIVITIES ...... 2,000 2,000 TOTAL, OPERATION & MAINTENANCE, ARNG ...... 382,448 382,448

OPERATION & MAINTENANCE, ANG OPERATING FORCES 020 MISSION SUPPORT OPERATIONS ...... 19,975 19,975 SUBTOTAL, OPERATING FORCES ...... 19,975 19,975 TOTAL, OPERATION & MAINTENANCE, ANG ...... 19,975 19,975

AFGHANISTAN SECURITY FORCES FUND MINISTRY OF DEFENSE 010 SUSTAINMENT ...... 2,523,825 2,523,825 020 INFRASTRUCTURE ...... 190,000 190,000 030 EQUIPMENT AND TRANSPORTATION ...... 241,521 241,521 040 TRAINING AND OPERATIONS ...... 758,380 758,380 SUBTOTAL, MINISTRY OF DEFENSE ...... 3,713,726 3,713,726

MINISTRY OF INTERIOR 050 SUSTAINMENT ...... 1,305,950 1,305,950 060 INFRASTRUCTURE ...... 50,000 50,000 070 EQUIPMENT AND TRANSPORTATION ...... 84,859 84,859 080 TRAINING AND OPERATIONS ...... 569,868 569,868 SUBTOTAL, MINISTRY OF INTERIOR ...... 2,010,677 2,010,677

RELATED ACTIVITIES 090 SUSTAINMENT ...... 18,325 18,325 100 INFRASTRUCTUE ...... 1,200 1,200 110 EQUIPMENT & TRANSPORTATION ...... 1,239 1,239 120 TRAINING AND OPERATIONS ...... 4,000 4,000 SUBTOTAL, RELATED ACTIVITIES ...... 24,764 24,764 TOTAL, AFGHANISTAN SECURITY FORCES FUND ...... 5,749,167 5,749,167

AFGHANISTAN INFRASTRUCTURE FUND 010 POWER ...... 400,000 350,000 Program decrease ...... [–50,000] TOTAL, AFGHANISTAN INFRASTRUCTURE FUND ...... 400,000 350,000

TOTAL, OPERATION & MAINTENANCE ...... 62,512,514 62,222,514

TITLE XLIV—MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL.

SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars) FY 2013 Senate Item Request Authorized

MILITARY PERSONNEL ...... 135,111,799 135,117,799 BAH for Full-time Guard Transition to Active Duty ...... [6,000]

TOTAL, MILITARY PERSONNEL ...... 135,111,799 135,117,799

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS.

SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars) FY 2013 Senate Item Request Authorized

MILITARY PERSONNEL ...... 14,060,094 14,060,094

TOTAL, MILITARY PERSONNEL ...... 14,060,094 14,060,094

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TITLE XLV—OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPER- SEC. 4501. OTHER AUTHORIZATIONS. (In Thousands of Dollars) ATIONS (In Thousands of Dollars) Line Item FY 2013 Senate SEC. 4501. OTHER AUTHORIZATIONS Request Authorized Line Item FY 2013 Senate (In Thousands of Dollars) Request Authorized Restore DOD assumed FY 2013 Senate TOTAL, WORKING CAP- Line Item Request Authorized Savings for TRICARE Proposals ...... [452,000] ITAL FUND, ARMY .... 42,600 42,600 WORKING CAPITAL FUND, ARMY SUBTOTAL, DHP, OPER- WORKING CAPITAL 010 PREPOSITIONED WAR RE- ATION & MAINTENANCE 31,349,279 31,801,279 FUND, AIR FORCE SERVE STOCKS ...... 60,037 60,037 010 C–17 CLS ENGINE RE- TOTAL, WORKING CAPITAL DHP, RDT&E PAIR ...... 230,400 230,400 FUND, ARMY ...... 60,037 60,037 080 DEFENSE HEALTH PRO- 020 TRANSPORTATION FALL- GRAM ...... 672,977 672,977 EN HEROES ...... 10,000 10,000 WORKING CAPITAL FUND, SUBTOTAL, DHP, RDT&E ... 672,977 672,977 TOTAL, WORKING CAP- AIR FORCE ITAL FUND, AIR 010 C–17 CLS ENGINE REPAIR 0 0 DHP, PROCUREMENT FORCE ...... 240,400 240,400 020 TRANSPORTATION FALLEN 090 DEFENSE HEALTH PRO- HEROES ...... 0 0 GRAM ...... 506,462 506,462 WORKING CAPITAL 040 SUPPLIES AND MATERIALS SUBTOTAL, DHP, PRO- FUND, DEFENSE- (MEDICAL/DENTAL) ...... 45,452 45,452 CUREMENT WIDE TOTAL, WORKING CAPITAL TOTAL, DEFENSE HEALTH 010 DEFENSE LOGISTICS FUND, AIR FORCE ...... 45,452 45,452 PROGRAM ...... 32,528,718 32,980,718 AGENCY (DLA) ...... 220,364 220,364 TOTAL, WORKING CAP- WORKING CAPITAL FUND, CHEM AGENTS & MUNI- ITAL FUND, DE- DEFENSE-WIDE TIONS DESTRUCTION FENSE-WIDE ...... 220,364 220,364 010 DEFENSE LOGISTICS 001 OPERATION & MAINTE- AGENCY (DLA) ...... 39,135 39,135 NANCE ...... 635,843 635,843 DEFENSE HEALTH PRO- TOTAL, WORKING CAPITAL 002 RDT&E ...... 647,351 647,351 GRAM FUND, DEFENSE-WIDE 39,135 39,135 003 PROCUREMENT ...... 18,592 18,592 DHP, OPERATION & TOTAL, CHEM AGENTS & MAINTENANCE WORKING CAPITAL FUND, MUNITIONS DESTRUC- 010 IN-HOUSE CARE...... 483,326 483,326 DECA TION ...... 1,301,786 1,301,786 020 PRIVATE SECTOR CARE 376,982 376,982 010 WORKING CAPITAL FUND, 030 CONSOLIDATED HEALTH DECA ...... 1,371,560 1,371,560 DRUG INTERDICTION & SUPPORT ...... 111,675 111,675 TOTAL, WORKING CAPITAL CTR-DRUG ACTIVITIES, 040 INFORMATION MANAGE- FUND, DECA ...... 1,371,560 1,371,560 DEF MENT ...... 4,773 4,773 010 DRUG INTERDICTION & 050 MANAGEMENT ACTIVI- NATIONAL DEFENSE SEA- CTR-DRUG ACTIVITIES, TIES ...... 660 660 LIFT FUND DEF ...... 889,545 863,645 060 EDUCATION AND TRAIN- 010 T–AKE ...... 0 0 Transfer to Demand ING ...... 15,370 15,370 020 MPF MLP...... 38,000 38,000 Reduction Program .. [–25,900] 070 BASE OPERATIONS/ 030 POST DELIVERY AND OUT- 020 DRUG DEMAND REDUC- COMMUNICATIONS ... 1,112 1,112 FITTING ...... 39,386 39,386 TION PROGRAM ...... 109,818 135,718 SUBTOTAL, DHP, OPER- 040 NATIONAL DEF SEALIFT Expanded drug testing [25,900] ATION & MAINTE- VESSEL ...... 0 0 TOTAL, DRUG INTERDIC- NANCE 050 LG MED SPD RO/RO MAIN- TION & CTR-DRUG AC- TOTAL, DEFENSE TENANCE ...... 128,819 128,819 TIVITIES, DEF ...... 999,363 999,363 060 DOD MOBILIZATION ALTER- HEALTH PROGRAM ... 993,898 993,898 ATIONS ...... 26,598 26,598 OFFICE OF THE INSPEC- DRUG INTERDICTION & 070 TAH MAINTENANCE...... 29,199 29,199 TOR GENERAL CTR-DRUG ACTIVI- 080 RESEARCH AND DEVELOP- 010 OPERATION & MAINTE- TIES, DEF MENT ...... 42,811 42,811 NANCE ...... 272,821 331,921 090 READY RESERVE FORCE ... 303,323 303,323 DoD IG growth plan ..... [59,100] 010 DRUG INTERDICTION & 100 MARAD SHIP FINANCING 020 RDT&E ...... 0 0 CTR-DRUG ACTIVI- GUARANTEE PROGRAM 0 0 030 PROCUREMENT ...... 1,000 1,000 TIES, DEF ...... 469,025 469,025 TOTAL, NATIONAL DE- TOTAL, OFFICE OF THE TOTAL, DRUG INTER- FENSE SEALIFT FUND .. 608,136 608,136 INSPECTOR GENERAL ... 273,821 332,921 DICTION & CTR- DRUG ACTIVITIES, DEFENSE HEALTH PRO- TOTAL, OTHER AUTHOR- DEF ...... 469,025 469,025 GRAM IZATIONS ...... 37,228,008 37,739,108 DHP, OPERATION & MAIN- OFFICE OF THE IN- TENANCE SEC. 4502. OTHER AUTHORIZATIONS FOR OVER- SPECTOR GENERAL 010 IN-HOUSE CARE...... 8,625,507 8,625,507 SEAS CONTINGENCY OPERATIONS. 010 OPERATION & MAINTE- 020 PRIVATE SECTOR CARE .... 16,148,263 16,148,263 NANCE ...... 10,766 10,766 030 CONSOLIDATED HEALTH SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPER- TOTAL, OFFICE OF THE ATIONS SUPPORT ...... 2,309,185 2,309,185 (In Thousands of Dollars) INSPECTOR GENERAL 10,766 10,766 040 INFORMATION MANAGE- FY 2013 Senate MENT ...... 1,465,328 1,465,328 Line Item Request Authorized TOTAL, OTHER AUTHOR- 050 MANAGEMENT ACTIVITIES 332,121 332,121 IZATIONS ...... 1,977,053 1,977,053 060 EDUCATION AND TRAINING 722,081 722,081 WORKING CAPITAL 070 BASE OPERATIONS/COM- FUND, ARMY TITLE XLVI—MILITARY CONSTRUCTION MUNICATIONS ...... 1,746,794 1,746,794 010 PREPOSITIONED WAR 070A UNDISTRIBUTED ...... 452,000 RESERVE STOCKS .... 42,600 42,600 SEC. 4601. MILITARY CONSTRUCTION.

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

ARMY Milcon Alaska ARMY Fort Wainwright Modified Record Fire Range ...... 10,400 10,400 ARMY Joint Base Elmendorf-Richardson Modified Record Fire Range ...... 7,900 7,900 California ARMY Concord Lightning Protection System ...... 5,800 5,800 ARMY Concord Engineering/Housing Maintenance Shop ...... 3,100 3,100 Colorado ARMY Fort Carson, Colorado Digital Multipurpose Training Range ...... 18,000 18,000 District of Columbia ARMY Fort McNair Vehicle Storage Building, Installation ...... 7,200 7,200 Georgia ARMY Fort Benning Ground Source Heat Transfer System ...... 16,000 16,000 ARMY Fort Gordon Modified Record Fire Range ...... 4,000 4,000 ARMY Fort Gordon Multipurpose Machine Gun Range ...... 7,100 7,100 ARMY Fort Gordon Ground Source Heat Transfer System ...... 12,200 12,200 ARMY Fort Stewart, Georgia Digital Multipurpose Training Range ...... 22,000 22,000 ARMY Fort Stewart, Georgia Automated Combat Pistol Qual Crse ...... 3,650 3,650 ARMY Fort Stewart, Georgia Unmanned Aerial Vehicle Complex ...... 24,000 24,000 Hawaii ARMY Pohakuloa Training Area Automated Infantry Platoon Battle Course ...... 29,000 29,000 ARMY Schofield Barracks Barracks ...... 41,000 41,000 ARMY Schofield Barracks Barracks ...... 55,000 55,000 ARMY Wheeler Army Air Field Combat Aviation Brigade Barracks ...... 85,000 85,000 Kansas ARMY Fort Riley, Kansas Unmanned Aerial Vehicle Complex ...... 12,200 12,200 Kentucky ARMY Fort Campbell, Kentucky Battalion Headquarters Complex ...... 55,000 55,000 ARMY Fort Campbell, Kentucky Live Fire Exercise Shoothouse ...... 3,800 3,800 ARMY Fort Campbell, Kentucky Unmanned Aerial Vehicle Complex ...... 23,000 23,000 ARMY Fort Knox Automated Infantry Squad Battle Course ...... 6,000 6,000 Missouri ARMY Fort Leonard Wood Trainee Barracks Complex 3, Ph 2 ...... 58,000 58,000 ARMY Fort Leonard Wood Vehicle Maintenance Shop ...... 39,000 39,000 ARMY Fort Leonard Wood Battalion Complex Facilities ...... 26,000 26,000 New Jersey ARMY Picatinny Arsenal Ballistic Evaluation Center ...... 10,200 10,200 ARMY Joint Base McGuire-Dix-Lakehurst Flight Equipment Complex ...... 47,000 47,000 New York ARMY Fort Drum, New York Aircraft Maintenance Hangar ...... 95,000 95,000 ARMY U.S. Military Academy Cadet Barracks ...... 192,000 0 North Carolina ARMY Fort Bragg Aerial Gunnery Range ...... 42,000 42,000 ARMY Fort Bragg Infrastructure ...... 30,000 0 ARMY Fort Bragg Unmanned Aerial Vehicle Complex ...... 26,000 26,000 Oklahoma ARMY Fort Sill Modified Record Fire Range ...... 4,900 4,900 South Carolina ARMY Fort Jackson Trainee Barracks Complex 2, Ph 2 ...... 24,000 24,000 Texas ARMY Corpus Christi Aircraft Component Maintenance Shop ...... 13,200 13,200 ARMY Corpus Christi Aircraft Paint Shop ...... 24,000 24,000 ARMY Fort Bliss Multipurpose Machine Gun Range ...... 7,200 7,200 ARMY Fort Hood, Texas Modified Record Fire Range ...... 4,200 4,200 ARMY Fort Hood, Texas Training Aids Center ...... 25,000 25,000 ARMY Fort Hood, Texas Unmanned Aerial Vehicle Complex ...... 22,000 22,000 ARMY Joint Base San Antonio Barracks ...... 21,000 21,000 Virginia ARMY Arlington Cemetery Expansion Millennium Site ...... 84,000 0 ARMY Fort Belvoir Secure Admin/Operations Facility ...... 94,000 94,000 ARMY Fort Lee Adv Individual Training Barracks Cplx, Ph2 ...... 81,000 81,000 Washington ARMY Yakima Convoy Live Fire Range ...... 5,100 5,100 ARMY Joint Base Lewis-McChord Battalion Complex ...... 73,000 73,000 ARMY Joint Base Lewis-McChord Waste Water Treatment Plant ...... 91,000 91,000 Italy ARMY Camp Ederle Barracks ...... 36,000 36,000 ARMY Vicenza Simulations Center...... 32,000 32,000 Japan ARMY Okinawa Satellite Communications Facility ...... 78,000 78,000 ARMY Sagami Vehicle Maintenance Shop ...... 18,000 18,000 Korea ARMY Camp Humphreys Battalion Headquarters Complex ...... 45,000 45,000 Worldwide Unspec ARMY Unspecified Worldwide Locations Minor Construction FY 13 ...... 25,000 25,000 ARMY Unspecified Worldwide Locations Host Nation Support FY 13 ...... 34,000 34,000 ARMY Unspecified Worldwide Locations Planning and Design FY13 ...... 65,173 46,173

Milcon, A—SUBTOTAL ...... 1,923,323 1,598,323

NAVY Milcon Arizona NAVY Yuma Security Operations Complex ...... 13,300 13,300

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

NAVY Yuma Combat Aircraft Loading Apron ...... 15,985 15,985 California NAVY Camp Pendleton, California Comm. Information Systems Ops Complex ...... 78,897 78,897 NAVY Camp Pendleton, California San Jacinto Road Extension ...... 5,074 5,074 NAVY Camp Pendleton, California MV22 Aviation Simulator Building ...... 4,139 4,139 NAVY Ventura County BAMS Maintenance Training Facility ...... 14,843 12,790 NAVY Miramar Hangar 5 Renovations & Addition ...... 27,897 27,897 NAVY San Diego Entry Control Point (Gate Five) ...... 11,752 11,752 NAVY San Diego LCS Training Facility ...... 59,436 59,436 NAVY Seal Beach Strategic Systems Weapons Eval. Test Lab ...... 30,594 30,594 NAVY Twentynine Palms, California Land Expansion Phase 2 ...... 47,270 47,270 NAVY Coronado Bachelor Quarters...... 76,063 76,063 NAVY Coronado H–60S Simulator Training Facility ...... 2,478 2,478 Florida NAVY Jacksonville BAMS Mission Control Complex ...... 21,980 21,980 Hawaii NAVY Kaneohe Bay MV–22 Hangar and Infrastructure ...... 82,630 82,630 NAVY Kaneohe Bay Aircraft Staging Area ...... 14,680 14,680 Mississippi NAVY Meridian Dining Facility...... 10,926 10,926 New Jersey NAVY Earle Combat System Engineering Building Addition ...... 33,498 33,498 North Carolina NAVY Camp Lejeune, North Carolina Staff NCO Academy Facilities ...... 28,986 28,986 NAVY Camp Lejeune, North Carolina Base Access and Road—Phase 3 ...... 40,904 40,904 NAVY Cherry Point Marine Corps Air Station Marine Air Support Squadron Compound ...... 34,310 34,310 NAVY Cherry Point Marine Corps Air Station Armory ...... 11,581 11,581 NAVY New River Personnel Administration Center ...... 8,525 8,525 South Carolina NAVY Beaufort Ground Support Equipment Shop ...... 9,465 9,465 NAVY Beaufort Simulated LHD Flight Deck ...... 12,887 12,887 NAVY Beaufort Recycling/Hazardous Waste Facility ...... 3,743 3,743 NAVY Beaufort Aircraft Maintenance Hangar ...... 42,010 42,010 NAVY Beaufort Airfield Security Upgrades ...... 13,675 13,675 NAVY Parris Island Front Gate ATFP Improvements ...... 10,135 10,135 Virginia NAVY Dahlgren Cruiser/Destroyer Upgrade Training Facility ...... 16,494 16,494 NAVY Dahlgren Physical Fitness Center ...... 11,734 11,734 NAVY Oceana Naval Air Station A School Barracks ...... 39,086 39,086 NAVY Portsmouth Drydock 8 Electrical Distribution Upgrade ...... 32,706 32,706 NAVY Quantico The Basic School Student Quarters—Phase 7 ...... 31,012 31,012 NAVY Quantico Infrastructure—Widen Russell Road ...... 14,826 14,826 NAVY Quantico Weapons Training Battalion Mess Hall ...... 12,876 12,876 NAVY Yorktown Regimental Headquarters...... 11,015 11,015 NAVY Yorktown Bachelor Enlisted Quarters ...... 18,422 18,422 NAVY Yorktown Motor Transportation Facility ...... 6,188 6,188 NAVY Yorktown Supply Warehouse Facility ...... 8,939 8,939 NAVY Yorktown Armory ...... 4,259 4,259 Washington NAVY Whidbey Island EA–18G Flight Simulator Facility ...... 6,272 6,272 NAVY Kitsap Explosives Handling Wharf #2 (INC) ...... 280,041 254,241 Bahrain Island NAVY SW Asia Transient Quarters ...... 41,529 41,529 NAVY SW Asia Combined Dining Facility ...... 9,819 9,819 Diego Garcia NAVY Diego Garcia Communications Infrastructure ...... 1,691 1,691 Greece NAVY Souda Bay Aircraft Parking Apron Expansion ...... 20,493 20,493 NAVY Souda Bay Intermodal Access Road ...... 4,630 4,630 Guam NAVY Joint Region Marianas North Ramp Parking (Andersen AFB)—INC 2 ...... 25,904 0 Japan NAVY Iwakuni Maintenance Hangar Improvements ...... 5,722 5,722 NAVY Iwakuni Vertical Take-Off and Landing Pad North ...... 7,416 7,416 NAVY Okinawa Bachelor Quarters...... 8,206 8,206 Romania NAVY Deveselu, Romania AEGIS Ashore Missile Defense Complex ...... 45,205 45,205 Spain NAVY Rota General Purpose Warehouse ...... 3,378 3,378 NAVY Rota High Explosive Magazine ...... 13,837 13,837 Worldwide Unspec NAVY Various Worldwide Locations BAMS Operational Facilities ...... 34,048 34,048 Djibouti NAVY Camp Lemonier, Djibouti Containerized Living and Work Units ...... 7,510 7,510 NAVY Camp Lemonier, Djibouti Galley Addition and Warehouse ...... 22,220 22,220 NAVY Camp Lemonier, Djibouti Joint HQ/Joint Operations Center Facility ...... 42,730 42,730 NAVY Camp Lemonier, Djibouti Fitness Center ...... 26,960 26,960 Worldwide Unspec NAVY Unspecified Worldwide Locations Unspecified Minor Construction ...... 16,535 16,535 NAVY Unspecified Worldwide Locations MCON Design Funds ...... 102,619 102,619

Milcon, N—SUBTOTAL ...... 1,701,985 1,648,228

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

AF Milcon Arkansas AF Little Rock AFB C–130J Fuel Systems Maintenance Hangar ...... 26,000 26,000 AF Little Rock AFB C–130J Flight Simulator Addition ...... 4,178 4,178 Florida AF Tyndall AFB F–22 ADAL Hangar for Low Observable/Composite ...... 14,750 14,750 Georgia AF Fort Stewart, Georgia Air Support Operations Center (ASOC) ...... 7,250 7,250 AF Moody AFB HC–130J Simulator Facility ...... 8,500 8,500 Nebraska AF Offutt AFB US STRATCOM Replacement Facility, Incr 2 ...... 161,000 128,000 New Mexico AF Holloman AFB MQ–9 Maintenance Hangar ...... 25,000 25,000 North Dakota AF Minot AFB B–52 Add/Alter Munitions AGE Facility ...... 4,600 4,600 Texas AF Joint Base San Antonio Dormitory (144 Rm) ...... 18,000 18,000 Utah AF Hill AFB F–35 ADAL Hangar 45W/AMU ...... 7,250 7,250 AF Hill AFB F–35 Modular Storage Magazines ...... 2,280 2,280 AF Hill AFB F–35 ADAL Building 118 for Flight Simulator ...... 4,000 4,000 Greenland AF Thule Ab Dormitory (48 PN) ...... 24,500 24,500 Italy AF Aviano Ab F–16 Mission Training Center ...... 9,400 9,400 Worldwide Unspec AF Unspecified Worldwide Locations Transient Contingency Dormitory—100 Rm ...... 17,625 0 AF Unspecified Worldwide Locations Transient Aircraft Hangars ...... 15,032 0 AF Unspecified Worldwide Locations Sanitary Sewer Lift/Pump Station ...... 2,000 2,000 AF Various Worldwide Locations Unspecified Minor Construction ...... 18,200 18,200 AF Unspecified Worldwide Locations Planning and Design ...... 18,635 18,635

Milcon, AF—SUBTOTAL ...... 388,200 322,543

DEF-WIDE Milcon Belgium DEFW Brussels NATO Headquarters Facility ...... 26,969 26,969 Worldwide Unspec DEFW Unspecified Worldwide Locations Energy Conservation Investment Program ...... 150,000 150,000 DEFW Unspecified Worldwide Locations Contingency Construction ...... 10,000 10,000 Texas DFAS Red River Army Depot DFAS Facility ...... 16,715 16,715 Illinois DISA Scott AFB DISA Facility Upgrades ...... 84,111 84,111 Germany DISA Stuttgart-Patch Barracks DISA Europe Facility Upgrades ...... 2,413 2,413 Arizona DLA Yuma Truck Unload Facility ...... 1,300 1,300 California DLA Def Fuel Support Point—San Diego Replace Fuel Pier ...... 91,563 91,563 DLA Edwards Air Force Base Replace Fuel Storage ...... 27,500 27,500 Delaware DLA Dover AFB Replace Truck Off-Load Facility ...... 2,000 2,000 Florida DLA Hurlburt Field Construct Fuel Storage Facility ...... 16,000 16,000 Indiana DLA Grissom ARB Replace Hydrant Fuel System ...... 26,800 26,800 Louisiana DLA Barksdale AFB Upgrade Pumphouse ...... 11,700 11,700 North Carolina DLA Seymour Johnson AFB Replace Pipeline ...... 1,850 1,850 Pennsylvania DLA Def Dist Depot New Cumberland Replace Sewage Treatment Plant ...... 6,300 6,300 DLA Def Dist Depot New Cumberland Replace Communications Building ...... 6,800 6,800 DLA Def Dist Depot New Cumberland Replace Reservoir ...... 4,300 4,300 Guam DLA Andersen AFB Upgrade Fuel Pipeline ...... 67,500 0 Guantanamo Bay, Cuba DLA Guantanamo Bay Replace Truck Load Facility ...... 2,600 2,600 DLA Guantanamo Bay Replace Fuel Pier ...... 37,600 37,600 Kentucky DODEA Fort Campbell, Kentucky Replace Barkley Elementary School ...... 41,767 41,767 Germany DODEA Vogelweh Replace Vogelweh Elementary School ...... 61,415 61,415 DODEA Weisbaden Weisbaden High School Addition ...... 52,178 52,178 Japan DODEA Camp Zama Renovate Zama High School ...... 13,273 13,273 DODEA Kadena AB Replace Elementary School ...... 71,772 71,772 DODEA Kadena AB Replace Stearley Heights Elementary School ...... 71,773 71,773 DODEA Zukeran Replace Zukeran Elementary School ...... 79,036 79,036 DODEA Sasebo Replace Sasebo Elementary School ...... 35,733 35,733 Korea DODEA Osan AFB Replace Osan Elementary School ...... 42,692 42,692

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

United Kingdom DODEA RAF Feltwell Feltwell Elementary School Addition ...... 30,811 30,811 DODEA Menwith Hill Station Replace Menwith Hill Elementary/High School ...... 46,488 46,488 New York MDA Fort Drum, New York IDT Complex ...... 25,900 25,900 Romania MDA Deveselu, Romania Aegis Ashore Missile Defense System Complex ...... 157,900 157,900 Colorado NSA Buckley Air Force Base Denver Power House ...... 30,000 30,000 Maryland NSA Fort Meade NSAW Recapitalize Building #1/Site M Inc 1 ...... 25,000 25,000 NSA Fort Meade High Performance Computing Center Inc 2 ...... 300,521 225,521 Utah NSA Camp Williams IC CNCI Data Center 1 Inc 4 ...... 191,414 191,414 United Kingdom NSA Menwith Hill Station MHS Utilities and Roads ...... 3,795 3,795 California SOCOM Coronado SOF Indoor Dynamic Shooting Facility ...... 31,170 31,170 SOCOM Coronado SOF Close Quarters Combat/Dynamic Shoot Fac ...... 13,969 13,969 SOCOM Coronado SOF Mobile Comm Detachment Support Facility ...... 10,120 10,120 Colorado SOCOM Fort Carson, Colorado SOF Battalion Operations Complex ...... 56,673 56,673 Florida SOCOM Eglin AFB SOF AVFID Ops and Maintenance Facilities ...... 41,695 41,695 SOCOM Macdill AFB SOF Joint Special Ops University Fac (JSOU) ...... 34,409 34,409 Hawaii SOCOM Joint Base Pearl Harbor-Hickam SOF SDVT–1 Waterfront Operations Facility ...... 24,289 24,289 Kentucky SOCOM Fort Campbell, Kentucky SOF Landgraf Hangar Extension ...... 3,559 3,559 SOCOM Fort Campbell, Kentucky SOF Ground Support Battalion ...... 26,313 26,313 New Mexico SOCOM Cannon AFB SOF AC–130J Combat Parking Apron ...... 22,062 22,062 North Carolina SOCOM Camp Lejeune, North Carolina SOF Marine Battalion Company/Team Facilities ...... 53,399 53,399 SOCOM Camp Lejeune, North Carolina SOF Survival Evasion Resist. Escape Tng Fac ...... 5,465 5,465 SOCOM Fort Bragg SOF Support Addition ...... 3,875 3,875 SOCOM Fort Bragg SOF Battalion Operations Facility ...... 40,481 50,481 SOCOM Fort Bragg SOF Civil Affairs Battalion Complex ...... 31,373 41,373 SOCOM Fort Bragg SOF Sustainment Brigade Complex ...... 24,693 34,693 Virginia SOCOM Joint Exp Base Little Creek—Story SOF Combat Services Support Facility—East ...... 11,132 11,132 Washington SOCOM Fort Lewis SOF Military Working Dog Kennel ...... 3,967 3,967 SOCOM Fort Lewis SOF Battalion Operations Facility ...... 46,553 46,553 Conus Classified SOCOM Classified Location SOF Parachute Training Facility ...... 6,477 6,477 United Kingdom SOCOM RAF Mildenhall SOF CV–22 Simulator Facility ...... 6,490 6,490 California TMA Twentynine Palms, California Medical Clinic Replacement ...... 27,400 27,400 Colorado TMA Pikes Peak High Altitude Medical Research Lab ...... 3,600 3,600 Illinois TMA Great Lakes Drug Laboratory Replacement ...... 28,700 28,700 TMA Scott AFB Medical Logistics Warehouse ...... 2,600 2,600 Maryland TMA Annapolis Health Clinic Replacement ...... 66,500 66,500 TMA Bethesda Naval Hospital Temporary Medical Facilities ...... 26,600 26,600 TMA Bethesda Naval Hospital Base Installation Access/Appearance Plan ...... 7,000 0 TMA Bethesda Naval Hospital Electrical Capacity and Cooling Towers ...... 35,600 35,600 TMA Fort Detrick USAMRIID Stage I, Incr 7 ...... 19,000 19,000 Missouri TMA Fort Leonard Wood Dental Clinic ...... 18,100 18,100 New Mexico TMA Cannon AFB Medical/Dental Clinic Replacement ...... 71,023 71,023 New York TMA Fort Drum, New York Soldier Specialty Care Clinic ...... 17,300 17,300 North Carolina TMA Camp Lejeune, North Carolina Medical Clinic Replacement ...... 21,200 21,200 TMA Seymour Johnson AFB Medical Clinic Replacement ...... 53,600 53,600 South Carolina TMA Shaw AFB Medical Clinic Replacement ...... 57,200 57,200 Texas TMA Fort Bliss Hospital Replacement Incr 4 ...... 207,400 107,400 TMA Joint Base San Antonio Ambulatory Care Center Phase 3 Incr ...... 80,700 80,700 Virginia TMA Norfolk Veterinary Facility Replacement ...... 8,500 8,500 Germany TMA Rhine Ordnance Barracks Medical Center Replacement Incr 2 ...... 127,000 127,000 Korea TMA Kunsan Air Base Medical/Dental Clinic Addition ...... 13,000 13,000 TMA Osan AFB Hospital Addition/Alteration ...... 34,600 34,600 Worldwide Unspec

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

DEFW Unspecified Worldwide Locations Unspecified Minor Construction ...... 3,000 3,000 DLA Unspecified Worldwide Locations Unspecified Minor Construction ...... 7,254 7,254 DODEA Unspecified Worldwide Locations Unspecified Minor Construction ...... 4,091 4,091 NSA Unspecified Worldwide Locations Unspecified Minor Milcon ...... 3,000 3,000 SOCOM Unspecified Worldwide Locations Unspecified Minor Const ...... 10,000 10,000 TJS Unspecified Worldwide Locations Exercise Related Minor Construction ...... 6,440 6,440 TMA Unspecified Worldwide Locations Minor Construction ...... 5,000 5,000 DEFW Unspecified Worldwide Locations Planning and Design ...... 47,978 47,978 DIA Unspecified Worldwide Locations Planning and Design ...... 2,919 2,919 DLA Unspecified Worldwide Locations Planning & Design ...... 5,000 5,000 DODEA Unspecified Worldwide Locations Planning and Design ...... 105,569 105,569 MDA Unspecified Worldwide Locations Planning and Design ...... 4,548 4,548 NSA Unspecified Worldwide Locations Planning and Design ...... 8,300 8,300 SOCOM Unspecified Worldwide Locations Planning and Design ...... 27,620 27,620 TMA Unspecified Worldwide Locations Planning and Design ...... 105,700 105,700 WHS Unspecified Worldwide Locations Planning and Design ...... 7,928 7,928

Milcon,Def-Wide—SUBTOTAL ...... 3,654,623 3,435,123 Services MILCON—TOTAL ...... 7,668,131 7,004,217

MCon,Army NG Alabama ARMY, NG Fort McClellan Live Fire Shoot House ...... 5,400 5,400 Arkansas ARMY, NG Searcy Field Maintenance Shop ...... 6,800 6,800 California ARMY, NG Fort Irwin Maneuver Area Training & Equipment Site Ph3 ...... 25,000 25,000 Connecticut ARMY, NG Camp Hartell Combined Support Maintenance Shop ...... 32,000 32,000 Delaware ARMY, NG Bethany Beach Regional Training Institute Ph1 ...... 5,500 5,500 Florida ARMY, NG Camp Blanding Combined Arms Collective Training Fac ...... 9,000 9,000 ARMY, NG Miramar Readiness Center ...... 20,000 20,000 Hawaii ARMY, NG Kapolei Army Aviation Support Facility Ph1 ...... 28,000 28,000 Idaho ARMY, NG Orchard Training Area ORTC(Barracks)Ph2 ...... 40,000 40,000 Indiana ARMY, NG South Bend Armed Forces Reserve Center Add/Alt ...... 21,000 21,000 ARMY, NG Terre Haute Field Maintenance Shop ...... 9,000 9,000 Iowa ARMY, NG Camp Dodge Urban Assault Course ...... 3,000 3,000 Kansas ARMY, NG Topeka Taxiway, Ramp & Hangar Alterations ...... 9,500 9,500 Kentucky ARMY, NG Frankfort Army Aviation Support Facility ...... 32,000 32,000 Massachusetts ARMY, NG Camp Edwards Unit Training Equipment Site ...... 22,000 22,000 Minnesota ARMY, NG Camp Ripley Scout Reconnaissance Range ...... 17,000 17,000 ARMY, NG St Paul Readiness Center ...... 17,000 17,000 Missouri ARMY, NG Fort Leonard Wood Regional Training Institute ...... 18,000 18,000 ARMY, NG Kansas City Readiness Center Add/Alt ...... 1,900 1,900 ARMY, NG Monett Readiness Center Add/Alt ...... 820 820 ARMY, NG Perryville Readiness Center Add/Alt ...... 700 700 Montana ARMY, NG Miles City Readiness Center ...... 11,000 11,000 New Jersey ARMY, NG Sea Girt Regional Training Institute ...... 34,000 34,000 New York ARMY, NG Stormville Combined Support Maint Shop Ph1 ...... 24,000 24,000 Ohio ARMY, NG Chillicothe Field Maintenance Shop Add/Alt ...... 3,100 3,100 ARMY, NG Delaware Readiness Center ...... 12,000 12,000 Oklahoma ARMY, NG Camp Gruber Operations Readiness Training Complex ...... 25,000 25,000 Utah ARMY, NG Camp Williams BEQ Facility (Regional Training Institute) ...... 15,000 15,000 ARMY, NG Camp Williams Regional Training Institute Ph2 ...... 21,000 21,000 Washington ARMY, NG Fort Lewis Readiness Center ...... 35,000 35,000 West Virginia ARMY, NG Logan Readiness Center ...... 14,200 14,200 Wisconsin ARMY, NG Wausau Field Maintenance Shop ...... 10,000 10,000 Guam ARMY, NG Barrigada JFHQ Ph4 ...... 8,500 8,500 Puerto Rico ARMY, NG Camp Santiago Readiness Center ...... 3,800 3,800 ARMY, NG Ceiba Refill Station Building ...... 2,200 2,200 ARMY, NG Guaynabo Readiness Center (JFHQ) ...... 15,000 15,000

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

ARMY, NG Gurabo Readiness Center ...... 14,700 14,700 Worldwide Unspec ARMY, NG Unspecified Worldwide Locations Unspecified Minor Construction ...... 15,057 15,057 ARMY, NG Unspecified Worldwide Locations Planning and Design ...... 26,622 26,622

MCon,Army NG—Subtotal ...... 613,799 613,799

MCon,Air NG California AF, NG Fresno Yosemite IAP ANG F–15 Conversion ...... 11,000 11,000 Hawaii AF, NG Joint Base Pearl Harbor-Hickam TFI—F–22 Combat Apron Addition ...... 6,500 6,500 New Mexico AF, NG Kirtland AFB Alter Target Intelligence Facility ...... 8,500 8,500 Wyoming AF, NG Cheyenne Map C–130 Flight Simulator Training Facility ...... 6,486 6,486 Worldwide Unspec AF, NG Various Worldwide Locations Unspecified Minor Construction ...... 5,900 5,900 AF, NG Various Worldwide Locations Planning and Design ...... 4,000 4,000

MCon,Air NG—Subtotal ...... 42,386 42,386 NG MILCON—TOTAL ...... 656,185 656,185

MCon,A Res California ARMY, RESERVE Fort Hunter Liggett ORTC ...... 64,000 64,000 ARMY, RESERVE Fort Hunter Liggett UPH Barracks ...... 4,300 4,300 ARMY, RESERVE Tustin Army Reserve Center ...... 27,000 27,000 Illinois ARMY, RESERVE Fort Sheridan Army Reserve Center ...... 28,000 28,000 Maryland ARMY, RESERVE Aberdeen Proving Ground Army Reserve Center ...... 21,000 21,000 ARMY, RESERVE Baltimore Add/Alt Army Reserve Center ...... 10,000 10,000 Massachusetts ARMY, RESERVE Devens Reserve Forces Training Area Automatic Record Fire Range ...... 4,800 4,800 ARMY, RESERVE Devens Reserve Forces Training Area Combat Pistol/MP Firearms Qualification ...... 3,700 3,700 Nevada ARMY, RESERVE Las Vegas Army Reserve Center/AMSA ...... 21,000 21,000 New Jersey ARMY, RESERVE Joint Base McGuire-Dix-Lakehurst Automated Infantry Squad Battle Course ...... 7,400 7,400 Washington ARMY, RESERVE Joint Base Lewis-McChord Army Reserve Center ...... 40,000 40,000 Wisconsin ARMY, RESERVE Fort McCoy Central Issue Facility ...... 12,200 12,200 ARMY, RESERVE Fort McCoy Dining Facility ...... 8,600 8,600 ARMY, RESERVE Fort McCoy ECS Tactical Equip. Maint. Facility (TEMF) ...... 27,000 27,000 Worldwide Unspec ARMY, RESERVE Unspecified Worldwide Locations Unspecified Minor Construction ...... 10,895 10,895 ARMY, RESERVE Unspecified Worldwide Locations Planning and Design ...... 15,951 15,951

MCon,A Res—Subtotal ...... 305,846 305,846

Milcon, Naval Res Arizona NAVY, RESERVE Yuma Reserve Training Facility—Yuma AZ ...... 5,379 5,379 Iowa NAVY, RESERVE Fort Des Moines Joint Reserve Center—Des Moines IA ...... 19,162 19,162 Louisiana NAVY, RESERVE New Orleans Transient Quarters ...... 7,187 7,187 New York NAVY, RESERVE Brooklyn Vehicle Maint. Fac.—Brooklyn NY ...... 4,430 4,430 Texas NAVY, RESERVE Fort Worth Commercial Vehicle Inspection Site ...... 11,256 11,256 Worldwide Unspec NAVY, RESERVE Unspecified Worldwide Locations Planning and Design ...... 2,118 2,118

Milcon, Naval Res—Subtotal ...... 49,532 49,532

MCon,AF Res New York AF, RESERVE Niagara Falls IAP Flight Simulator Facility ...... 6,100 6,100 Worldwide Unspec AF, RESERVE Various Worldwide Locations Unspecified Minor Construction ...... 2,000 2,000 AF, RESERVE Various Worldwide Locations Planning and Design ...... 2,879 2,879

MCon,AF Res—Subtotal ...... 10,979 10,979 Reserve Milcon—TOTAL ...... 366,357 366,357

MILCON Major Accounts—TOTAL ...... 8,690,673 8,026,759

Chem-Demil Colorado

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

Chem Demil Pueblo Depot Ammunition Demilitarization Facility, Ph XIV ...... 36,000 36,000 Kentucky Chem Demil Blue Grass Army Depot Ammunition Demilitarization Ph XIII ...... 115,000 115,000

ChemDemil / NSIP—Total ...... 151,000 151,000

NSIP Worldwide Unspec NSIP NATO Security Investment Program NATO Security Investment Program ...... 254,163 254,163

NATO Security Investment Program ...... 254,163 254,163

Army Fam Housing Worldwide Unspec FH Const,A Unspecified Worldwide Locations Family Housing P&D ...... 4,641 4,641

Army Fam Hsg Construction—Subtotal ...... 4,641 4,641

Worldwide Unspec FH Op&Dt,A Unspecified Worldwide Locations Utilities Account ...... 88,112 88,112 FH Op&Dt,A Unspecified Worldwide Locations Services Account ...... 13,487 13,487 FH Op&Dt,A Unspecified Worldwide Locations Management Account ...... 56,970 56,970 FH Op&Dt,A Unspecified Worldwide Locations Miscellaneous Account ...... 620 620 FH Op&Dt,A Unspecified Worldwide Locations Furnishings Account ...... 31,785 31,785 FH Op&Dt,A Unspecified Worldwide Locations Leasing ...... 203,533 203,533 FH Op&Dt,A Unspecified Worldwide Locations Maintenance of Real Property ...... 109,534 109,534 FH Op&Dt,A Unspecified Worldwide Locations Privatization Support Costs ...... 26,010 26,010

Army Fam Hsg O&M—Subtotal ...... 530,051 530,051 Army Fam Hsg—TOTAL ...... 534,692 534,692

Navy Fam Housing Worldwide Unspec FH Const,N Unspecified Worldwide Locations Improvements ...... 97,655 97,655 FH Const,N Unspecified Worldwide Locations Design ...... 4,527 4,527

Navy Fam Hsg Construction—Subtotal ...... 102,182 102,182

Worldwide Unspec FH Op&Dt,N Unspecified Worldwide Locations Utilities Account ...... 80,860 80,860 FH Op&Dt,N Unspecified Worldwide Locations Furnishings Account ...... 17,697 17,697 FH Op&Dt,N Unspecified Worldwide Locations Management Account ...... 62,741 62,741 FH Op&Dt,N Unspecified Worldwide Locations Miscellaneous Account ...... 491 491 FH Op&Dt,N Unspecified Worldwide Locations Services Account ...... 19,615 19,615 FH Op&Dt,N Unspecified Worldwide Locations Leasing ...... 83,774 83,774 FH Op&Dt,N Unspecified Worldwide Locations Maintenance of Real Property ...... 85,254 85,254 FH Op&Dt,N Unspecified Worldwide Locations Privatization Support Costs ...... 27,798 27,798

Navy Fam Hsg O&M—Subtotal ...... 378,230 378,230 Navy Fam Hsg—TOTAL ...... 480,412 480,412

AF Fam Housing Worldwide Unspec FH Con,AF Unspecified Worldwide Locations Improvements ...... 79,571 79,571 FH Con,AF Unspecified Worldwide Locations Planning and Design ...... 4,253 4,253

AF Fam Hsg Construction—Subtotal ...... 83,824 83,824

Worldwide Unspec FH Op&Dt,AF Unspecified Worldwide Locations Utilities Account ...... 75,662 75,662 FH Op&Dt,AF Unspecified Worldwide Locations Management Account ...... 55,002 55,002 FH Op&Dt,AF Unspecified Worldwide Locations Services Account ...... 16,550 16,550 FH Op&Dt,AF Unspecified Worldwide Locations Furnishings Account ...... 37,878 37,878 FH Op&Dt,AF Unspecified Worldwide Locations Miscellaneous Account ...... 1,943 1,943 FH Op&Dt,AF Unspecified Worldwide Locations Leasing ...... 62,730 62,730 FH Op&Dt,AF Unspecified Worldwide Locations Maintenance (RPMA RPMC) ...... 201,937 201,937 FH Op&Dt,AF Unspecified Worldwide Locations Housing Privatization ...... 46,127 46,127

AF Fam Hsg O&M—Subtotal ...... 497,829 497,829 AF Fam Hsg—TOTAL ...... 581,653 581,653

Def-Wide Fam Hous- ing Worldwide Unspec FH Op&Dt,D-W Unspecified Worldwide Locations Utilities Account ...... 283 283 FH Op&Dt,D-W Unspecified Worldwide Locations Utilities Account ...... 12 12 FH Op&Dt,D-W Unspecified Worldwide Locations Furnishings Account ...... 4,660 4,660 FH Op&Dt,D-W Unspecified Worldwide Locations Furnishings Account ...... 20 20 FH Op&Dt,D-W Unspecified Worldwide Locations Services Account ...... 31 31 FH Op&Dt,D-W Unspecified Worldwide Locations Management Account ...... 371 371 FH Op&Dt,D-W Unspecified Worldwide Locations Furnishings Account ...... 66 66 FH Op&Dt,D-W Unspecified Worldwide Locations Leasing ...... 35,333 35,333 FH Op&Dt,D-W Unspecified Worldwide Locations Leasing ...... 10,822 10,822

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SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars) Budget Senate Account State or Country and Installation Project Title Request Agreement

FH Op&Dt,D-W Unspecified Worldwide Locations Maintenance of Real Property ...... 567 567 FH Op&Dt,D-W Unspecified Worldwide Locations Maintenance of Real Property ...... 73 73

DefWide Fam Hsg O&M—Subtotal ...... 52,238 52,238

DoD FH Imprv Fd Worldwide Unspec DoD FH Imprv Fd Unspecified Worldwide Locations Family Housing Improvement Fund ...... 1,786 1,786

DoD Fam Hsg Imprv Fd—Subtotal ...... 1,786 1,786 FAM HSG—TOTAL ...... 1,650,781 1,650,781

BRAC IV Worldwide Unspec BRAC, A Base Realignment & Closure, Army Base Realignment & Closure ...... 79,893 79,893 BRAC, N Base Realignment & Closure, Navy Base Realignment & Closure ...... 146,951 146,951 BRAC, AF Base Realignment & Closure, AF Base Realignment & Closure ...... 122,552 122,552

BRAC IV—TOTAL ...... 349,396 349,396

2005 BRAC ARMY BRAC Worldwide Unspec BRAC—Army Unspecified Worldwide Locations USA–121: Fort Gillem, GA ...... 4,976 4,976 BRAC—Army Unspecified Worldwide Locations USA–222: Fort McPherson, GA ...... 6,772 6,772 BRAC—Army Unspecified Worldwide Locations Program Management Various Locations ...... 20,453 20,453 BRAC—Army Unspecified Worldwide Locations USA–223: Fort Monmouth, NJ ...... 9,989 9,989 BRAC—Army Unspecified Worldwide Locations USA–36: Red River Army Depot ...... 1,385 1,385 BRAC—Army Unspecified Worldwide Locations USA–113: Fort Monroe, VA ...... 12,184 12,184 BRAC—Army Unspecified Worldwide Locations USA–236: RC Transformation in CT ...... 557 557 BRAC—Army Unspecified Worldwide Locations USA–242: RC Transformation in NY ...... 172 172 BRAC—Army Unspecified Worldwide Locations USA–253: RC Transformation in PA ...... 100 100 BRAC—Army Unspecified Worldwide Locations USA–212: USAR Cmd & Cntrl—New England ...... 222 222 BRAC—Army Unspecified Worldwide Locations USA–167: USAR Command and Control—NE ...... 175 175 BRAC—Army Unspecified Worldwide Locations IND–112: River Bank Army Ammo Plant, CA ...... 22,431 22,431 BRAC—Army Unspecified Worldwide Locations IND–119: Newport Chemical Depot, IN ...... 197 197 BRAC—Army Unspecified Worldwide Locations IND–106: Kansas Army Ammunition Plant, KS ...... 7,280 7,280 BRAC—Army Unspecified Worldwide Locations IND–110: Mississippi Army Ammo Plant, MS ...... 160 160 BRAC—Army Unspecified Worldwide Locations IND–122: Lone Star Army Ammo Plant, TX ...... 11,379 11,379 BRAC—Army Unspecified Worldwide Locations MED–2: Walter Reed NMMC, Bethesda, MD ...... 7,787 7,787

BRAC—Army—Subtotal ...... 106,219 106,219

NAVY BRAC Worldwide Unspec BRAC—Navy Unspecified Worldwide Locations DON–172: NWS Seal Beach, Concord, CA ...... 2,129 2,129 BRAC—Navy Unspecified Worldwide Locations DON–138: NAS Brunswick, ME ...... 4,897 4,897 BRAC—Navy Unspecified Worldwide Locations DON–157: MCSA Kansas City, MO ...... 39 39 BRAC—Navy Unspecified Worldwide Locations DON–84: JRB Willow Grove & Cambria Reg AP ...... 189 189 BRAC—Navy Unspecified Worldwide Locations DON–168: NS Newport, RI ...... 1,742 1,742 BRAC—Navy Unspecified Worldwide Locations DON–100: Planning, Design and Management ...... 5,038 5,038 BRAC—Navy Unspecified Worldwide Locations DON–101: Various Locations ...... 4,176 4,176

BRAC—Navy—Subtotal ...... 18,210 18,210

AF BRAC Worldwide Unspec BRAC—Air Force Unspecified Worldwide Locations Program Management Various Locations ...... 605 605 BRAC—Air Force Unspecified Worldwide Locations MED–57: Brooks City Base, TX ...... 326 326 BRAC—Air Force Unspecified Worldwide Locations Comm Add 3: Galena Fol, AK ...... 1,337 1,337

BRAC—Air Force—Subtotal ...... 2,268 2,268 BRAC 2005—TOTAL ...... 126,697 126,697 BRAC IV + BRAC 2005—TOTAL ...... 476,093 476,093

MILCON GRAND TOTAL ...... 11,222,710 10,558,796

TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.

SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Discretionary Summary By Appropriation Energy And Water Development, And Related Agencies Appropriation Summary:

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Energy Programs Electricity delivery and energy reliability ...... 6,000 0

Atomic Energy Defense Activities National nuclear security administration: Weapons activities ...... 7,577,341 7,602,341 Defense nuclear nonproliferation ...... 2,458,631 2,458,631 Naval reactors ...... 1,088,635 1,126,621 Office of the administrator ...... 411,279 386,279 Total, National nuclear security administration ...... 11,535,886 11,573,872

Environmental and other defense activities: Defense environmental cleanup ...... 5,472,001 5,009,001 Other defense activities ...... 735,702 735,702 Total, Environmental & other defense activities ...... 6,207,703 5,744,703 Total, Atomic Energy Defense Activities ...... 17,743,589 17,318,575 Total, Discretionary Funding ...... 17,749,589 17,318,575

Electricity Delivery & Energy Reliability Electricity Delivery & Energy Reliability Infrastructure security & energy restoration ...... 6,000 0

Weapons Activities Directed stockpile work Life extension programs B61 Life extension program ...... 369,000 369,000 W76 Life extension program ...... 174,931 174,931 Total, Life extension programs ...... 543,931 543,931

Stockpile systems B61 Stockpile systems ...... 72,364 72,364 W76 Stockpile systems ...... 65,445 90,445 W78 Stockpile systems ...... 139,207 139,207 W80 Stockpile systems ...... 46,540 46,540 B83 Stockpile systems ...... 57,947 57,947 W87 Stockpile systems ...... 85,689 85,689 W88 Stockpile systems ...... 123,217 123,217 Total, Stockpile systems ...... 590,409 615,409

Weapons dismantlement and disposition Operations and maintenance ...... 51,265 51,265

Stockpile services Production support ...... 365,405 365,405 Research and development support ...... 28,103 28,103 R&D certification and safety ...... 191,632 191,632 Management, technology, and production ...... 175,844 175,844 Plutonium sustainment ...... 141,685 141,685 Total, Stockpile services ...... 902,669 902,669 Total, Directed stockpile work ...... 2,088,274 2,113,274

Campaigns: Science campaign Advanced certification ...... 44,104 44,104 Primary assessment technologies ...... 94,000 94,000 Dynamic materials properties ...... 97,000 97,000 Advanced radiography ...... 30,000 30,000 Secondary assessment technologies ...... 85,000 85,000 Total, Science campaign ...... 350,104 350,104

Engineering campaign Enhanced surety ...... 46,421 46,421 Weapon systems engineering assessment technology ...... 18,983 18,983 Nuclear survivability ...... 21,788 21,788 Enhanced surveillance ...... 63,379 63,379 Total, Engineering campaign ...... 150,571 150,571

Inertial confinement fusion ignition and high yield campaign Diagnostics, cryogenics and experimental support ...... 81,942 81,942 Ignition ...... 84,172 84,172 Support of other stockpile programs ...... 14,817 14,817 Pulsed power inertial confinement fusion ...... 6,044 6,044 Joint program in high energy density laboratory plasmas ...... 8,334 8,334

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

Facility operations and target production ...... 264,691 264,691 Total, Inertial confinement fusion and high yield campaign ...... 460,000 460,000

Advanced simulation and computing campaign ...... 600,000 600,000

Readiness Campaign Nonnuclear readiness ...... 64,681 64,681 Tritium readiness ...... 65,414 65,414 Total, Readiness campaign ...... 130,095 130,095 Total, Campaigns ...... 1,690,770 1,690,770

Readiness in technical base and facilities (RTBF) Operations of facilities Kansas City Plant ...... 163,602 163,602 Lawrence Livermore National Laboratory ...... 89,048 89,048 Los Alamos National Laboratory ...... 335,978 335,978 Nevada National Security Site ...... 115,697 115,697 Pantex ...... 172,020 172,020 Sandia National Laboratory ...... 167,384 167,384 Savannah River Site ...... 120,577 120,577 Y–12 National security complex ...... 255,097 255,097 Total, Operations of facilities ...... 1,419,403 1,419,403

Science, technology and engineering capability support ...... 166,945 166,945 Nuclear operations capability support ...... 203,346 203,346 Subtotal, Readiness in technical base and facilities ...... 1,789,694 1,789,694 Construction: 13–D–301 Electrical infrastructure upgrades, LANL/LLNL ...... 23,000 23,000 12–D–301 TRU waste facilities, LANL ...... 24,204 24,204 11–D–801 TA–55 Reinvestment project, LANL ...... 8,889 8,889 10-D–501 Nuclear facilities risk reduction Y–12 National security complex, Oakridge, TN ...... 17,909 17,909 09–D–404 Test capabilities revitalization II, Sandia National Laboratories, Albuquerque, NM ...... 11,332 11,332 08–D–802 High explosive pressing facility Pantex Plant, Amarillo, TX ...... 24,800 24,800 06–D–141 PED/Construction, UPFY–12, Oak Ridge, TN ...... 340,000 0 06–D–141 PED/Construction, UPFY–12, Phase I, Oak Ridge, TN ...... 0 340,000 Total, Construction ...... 450,134 450,134 Total, Readiness in technical base and facilities ...... 2,239,828 2,239,828

Secure transportation asset Operations and equipment ...... 114,965 114,965 Program direction ...... 104,396 104,396 Total, Secure transportation asset ...... 219,361 219,361

Nuclear counterterrorism incident response ...... 247,552 247,552

Site stewardship Operations and maintenance ...... 90,001 90,001 Total, Site stewardship ...... 90,001 90,001

Defense nuclear security Operations and maintenance ...... 643,285 643,285

NNSA CIO activities ...... 155,022 155,022

Legacy contractor pensions ...... 185,000 185,000 National security applications ...... 18,248 18,248 Subtotal, Weapons activities ...... 7,577,341 7,602,341

Total, Weapons Activities ...... 7,577,341 7,602,341

Defense Nuclear Nonproliferation Nonproliferation and verification R&D Operations and maintenance ...... 398,186 398,186 Domestic Enrichment R&D ...... 150,000 150,000 Subtotal, Nonproliferation and verification R&D ...... 548,186 548,186

Nonproliferation and international security ...... 150,119 150,119

International nuclear materials protection and cooperation ...... 311,000 311,000

Fissile materials disposition U.S. surplus fissile materials disposition Operations and maintenance

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

U.S. plutonium disposition ...... 498,979 498,979 U.S. uranium disposition ...... 29,736 29,736 Total, Operations and maintenance ...... 528,715 528,715 Construction: 99–D–143 Mixed oxide fuel fabrication facility, Savannah River, SC ...... 388,802 388,802

Total, Construction ...... 388,802 388,802 Total, U.S. surplus fissile materials disposition ...... 917,517 917,517

Russian surplus fissile materials disposition ...... 3,788 3,788 Total, Fissile materials disposition ...... 921,305 921,305

Global threat reduction initiative ...... 466,021 466,021 Legacy contractor pensions ...... 62,000 62,000 Subtotal, Defense Nuclear Nonproliferation ...... 2,458,631 2,458,631 Total, Defense Nuclear Nonproliferation ...... 2,458,631 2,458,631

Naval Reactors Naval reactors development ...... 418,072 418,072 Ohio replacement reactor systems development ...... 89,700 127,686 S8G Prototype refueling ...... 121,100 121,100 Naval reactors operations and infrastructure ...... 366,961 366,961 Construction: 13–D–905 Remote-handled low-level waste facility, INL ...... 8,890 8,890 13–D–904 KS Radiological work and storage building, KSO ...... 2,000 2,000 13–D–903, KS Prototype Staff Building, KSO ...... 14,000 14,000 10-D–903, Security upgrades, KAPL ...... 19,000 19,000 08–D–190 Expended Core Facility M–290 recovering discharge station,Naval Reactor Facility, ID ...... 5,700 5,700 Total, Construction ...... 49,590 49,590

Program direction ...... 43,212 43,212 Subtotal, Naval Reactors ...... 1,088,635 1,126,621

Total, Naval Reactors ...... 1,088,635 1,126,621

Office Of The Administrator Office of the administrator ...... 411,279 386,279 Total, Office Of The Administrator ...... 411,279 386,279

Defense Environmental Cleanup Closure sites: Closure sites administration ...... 1,990 1,990

Hanford site: River corridor and other cleanup operations ...... 389,347 389,347 Central plateau remediation ...... 558,820 558,820 Richland community and regulatory support ...... 15,156 15,156 Total, Hanford site ...... 963,323 963,323

Idaho National Laboratory: Idaho cleanup and waste disposition ...... 396,607 396,607 Idaho community and regulatory support ...... 3,000 3,000 Total, Idaho National Laboratory ...... 399,607 399,607

NNSA sites Lawrence Livermore National Laboratory ...... 1,484 1,484 Nuclear facility D&D Separations Process Research Unit ...... 24,000 24,000 Nevada ...... 64,641 64,641 Sandia National Laboratories ...... 5,000 5,000 Los Alamos National Laboratory ...... 239,143 239,143 Total, NNSA sites and Nevada off-sites ...... 334,268 334,268

Oak Ridge Reservation: Building 3019 ...... 67,525 67,525 OR cleanup and disposition ...... 109,470 109,470 OR reservation community and regulatory support ...... 4,500 4,500 Total, Oak Ridge Reservation ...... 181,495 181,495

Office of River Protection: Waste treatment and immobilization plant

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SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands of Dollars) FY 2013 Senate Program Request Authorized

01–D–416 A–E/ORP–0060/Major construction ...... 690,000 690,000

Tank farm activities Rad liquid tank waste stabilization and disposition ...... 482,113 482,113 Total, Office of River protection ...... 1,172,113 1,172,113

Savannah River sites: Savannah River risk management operations ...... 444,089 444,089 SR community and regulatory support ...... 16,584 16,584

Radioactive liquid tank waste: Radioactive liquid tank waste stabilization and disposition ...... 698,294 698,294 Construction: 05–D–405 Salt waste processing facility, Savannah River ...... 22,549 22,549 Total, Radioactive liquid tank waste ...... 720,843 720,843 Total, Savannah River site ...... 1,181,516 1,181,516

Waste Isolation Pilot Plant Waste isolation pilot plant ...... 198,010 198,010 Total, Waste Isolation Pilot Plant ...... 198,010 198,010

Program direction ...... 323,504 323,504 Program support ...... 18,279 18,279

Safeguards and Security: Oak Ridge Reservation ...... 18,817 18,817 Paducah ...... 8,909 8,909 Portsmouth ...... 8,578 8,578 Richland/Hanford Site ...... 71,746 71,746 Savannah River Site ...... 121,977 121,977 Waste Isolation Pilot Project ...... 4,977 4,977 West Valley ...... 2,015 2,015 Total, Safeguards and Security ...... 237,019 237,019

Technology development ...... 20,000 20,000 Uranium enrichment D&D fund contribution ...... 463,000 0 Subtotal, Defense environmental cleanup ...... 5,494,124 5,031,124

Adjustments Use of prior year balances ...... –12,123 –12,123 Use of unobligated balances ...... –10,000 –10,000 Total, Adjustments ...... –22,123 –22,123 Total, Defense Environmental Cleanup ...... 5,472,001 5,009,001

Other Defense Activities Health, safety and security Health, safety and security ...... 139,325 139,325 Program direction ...... 106,175 106,175 Total, Health, safety and security ...... 245,500 245,500

Specialized security activities ...... 188,619 188,619

Office of Legacy Management Legacy management ...... 164,477 164,477 Program direction ...... 13,469 13,469 Total, Office of Legacy Management ...... 177,946 177,946

Defense-related activities Defense related administrative support ...... 118,836 118,836 Office of hearings and appeals ...... 4,801 4,801 Subtotal, Other defense activities ...... 735,702 735,702 Total, Other Defense Activities ...... 735,702 735,702

DIVISION E—HOUSING ASSISTANCE FOR SEC. 5002. DEFINITIONS. (3) ENERGY EFFICIENT FEATURES OR EQUIP- VETERANS In this division: MENT.—The term ‘‘energy efficient features or equipment’’ means features of, or equip- TITLE L—HOUSING ASSISTANCE FOR (1) DISABLED.—The term ‘‘disabled’’ means VETERANS an individual with a disability, as defined by ment in, a primary residence that help re- section 12102 of title 42, United States Code. duce the amount of electricity used to heat, SEC. 5001. SHORT TITLE. cool, or ventilate such residence, including (2) ELIGIBLE VETERAN.—The term ‘‘eligible insulation, weatherstripping, air sealing, This division may be cited as the ‘‘Housing veteran’’ means a disabled or low-income heating system repairs, duct sealing, or Assistance for Veterans Act of 2012’’ or the veteran. ‘‘HAVEN Act’’. other measures.

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(4) LOW-INCOME VETERAN.—The term ‘‘low- (D) a plan for working with the Depart- program so that such funds are used effi- income veteran’’ means a veteran whose in- ment of Veterans Affairs and veterans serv- ciently until expended to fulfill the purpose come does not exceed 80 percent of the me- ice organizations to identify veterans and of addressing the adaptive housing needs of dian income for an area, as determined by serve their needs. eligible veterans. the Secretary. (3) PREFERENCES.—In awarding grants (f) MATCHING FUNDS.— (5) NONPROFIT ORGANIZATION.—The term under the pilot program, the Secretary shall (1) IN GENERAL.—A qualified organization ‘‘nonprofit organization’’ means an organiza- give preference to a qualified organization— receiving a grant under the pilot program tion that is— (A) with experience in providing housing shall contribute towards the housing modi- (A) described in section 501(c)(3) or rehabilitation and modification services for fication and rehabilitation services provided 501(c)(19) of the Internal Revenue Code of disabled veterans; or to eligible veterans an amount equal to not 1986; and (B) that proposes to provide housing reha- less than 50 percent of the grant award re- (B) exempt from tax under section 501(a) of bilitation and modification services for eligi- ceived by such organization. such Code. ble veterans who live in rural areas (the Sec- (2) IN-KIND CONTRIBUTIONS.—In order to (6) PRIMARY RESIDENCE.— retary, through regulations, shall define the meet the requirement under paragraph (1), (A) IN GENERAL.—The term ‘‘primary resi- term ‘‘rural areas’’). such organization may arrange for in-kind dence’’ means a single family house, a du- (c) CRITERIA.—In order to receive a grant contributions. plex, or a unit within a multiple-dwelling award under the pilot program, a qualified (g) LIMITATION COST TO THE VETERANS.—A qualified organization receiving a grant structure that is an eligible veteran’s prin- organization shall meet the following cri- under the pilot program shall modify or re- cipal dwelling and is owned by such veteran teria: habilitate the primary residence of an eligi- or a family member of such veteran. (1) Demonstrate expertise in providing housing rehabilitation and modification ble veteran at no cost to such veteran (in- (B) FAMILY MEMBER DEFINED.—For purposes cluding application fees) or at a cost such of this paragraph, the term ‘‘family mem- services for disabled or low-income individuals for the purpose of making the homes of that such veteran pays no more than 30 per- ber’’ includes— cent of his or her income in housing costs (i) a spouse, child, grandchild, parent, or such individuals accessible, functional, and safe for such individuals. during any month. sibling; (h) REPORTS.— (ii) a spouse of such a child, grandchild, (2) Have established outreach initiatives that— (1) ANNUAL REPORT.—The Secretary shall parent, or sibling; or (A) would engage eligible veterans and vet- submit to Congress, on an annual basis, a re- (iii) any individual related by blood or af- erans service organizations in projects uti- port that provides, with respect to the year finity whose close association with a veteran lizing grant funds under the pilot program; for which such report is written— is the equivalent of a family relationship. and (A) the number of eligible veterans pro- (7) QUALIFIED ORGANIZATION.—The term (B) identify eligible veterans and their vided assistance under the pilot program; ‘‘qualified organization’’ means a nonprofit families and enlist veterans involved in (B) the socioeconomic characteristics of organization that provides nationwide or skilled trades, such as carpentry, roofing, such veterans, including their gender, age, State-wide programs that primarily serve plumbing, or HVAC work. race, and ethnicity; veterans or low-income individuals. (3) Have an established nationwide or (C) the total number, types, and locations (8) SECRETARY.—The term ‘‘Secretary’’ State-wide network of affiliates that are— of entities contracted under such program to means the Secretary of Housing and Urban (A) nonprofit organizations; and administer the grant funding; Development. (B) able to provide housing rehabilitation (D) the amount of matching funds and in- (9) VETERAN.—The term ‘‘veteran’’ has the and modification services for eligible vet- kind contributions raised with each grant; same meaning as given such term in section erans. (E) a description of the housing rehabilita- 101 of title 38, United States Code. (4) Have experience in successfully car- tion and modification services provided, (10) VETERANS SERVICE ORGANIZATION.—The rying out the accountability and reporting costs saved, and actions taken under such term ‘‘veterans service organization’’ means program; requirements involved in the proper adminis- any organization recognized by the Sec- (F) a description of the outreach initia- tration of grant funds, including funds pro- retary of Veterans Affairs for the representatives implemented by the Secretary to edu- vided by private entities or Federal, State, tion of veterans under section 5902 of title 38, cate the general public and eligible entities or local government entities. United States Code. about such program; (d) USE OF FUNDS.—A grant award under SEC. 5003. ESTABLISHMENT OF A PILOT PRO- the pilot program shall be used— (G) a description of the outreach initia- GRAM. (1) to modify and rehabilitate the primary tives instituted by grant recipients to en- (a) GRANT.— residence of an eligible veteran, and may in- gage eligible veterans and veteran service or- (1) IN GENERAL.—The Secretary shall estab- clude— ganizations in projects utilizing grant funds lish a pilot program to award grants to (A) installing wheelchair ramps, widening under such program; qualified organizations to rehabilitate and exterior and interior doors, reconfigurating (H) a description of the outreach initiatives instituted by grant recipients to iden- modify the primary residence of eligible vet- and re-equipping bathrooms (which includes tify eligible veterans and their families; and erans. installing new fixtures and grab bars), re- (I) any other information that the Sec- (2) COORDINATION.—The Secretary shall moving doorway thresholds, installing spe- retary considers relevant in assessing such work in conjunction with the Secretary of cial lighting, adding additional electrical program. Veterans Affairs to establish and oversee the outlets and electrical service, and installing (2) FINAL REPORT.—Not later than 6 months pilot program and to ensure that such pro- appropriate floor coverings to— after the completion of the pilot program, gram meets the needs of eligible veterans. (i) accommodate the functional limitations the Secretary shall submit to Congress a re- (3) MAXIMUM GRANT.—A grant award under that result from having a disability; or port that provides such information that the the pilot program to any one qualified orga- (ii) if such residence does not have modi- Secretary considers relevant in assessing the nization shall not exceed $1,000,000 in any fications necessary to reduce the chances pilot program. one fiscal year, and such an award shall re- that an elderly, but not disabled person, will (i) AUTHORIZATION OF APPROPRIATIONS.— main available until expended by such orga- fall in their home, reduce the risks of such nization. There are authorized to be appropriated for an elderly person from falling; carrying out this division $4,000,000 for each (b) APPLICATION.— (B) rehabilitating such residence that is in of fiscal years 2013 through 2017. (1) IN GENERAL.—Each qualified organiza- a state of interior or exterior disrepair; and tion that desires a grant under the pilot pro- (C) installing energy efficient features or DIVISION F—STOLEN VALOR ACT gram shall submit an application to the Sec- equipment if— TITLE LI—STOLEN VALOR ACT retary at such time, in such manner, and, in (i) an eligible veteran’s monthly utility SEC. 5011. SHORT TITLE. addition to the information required under costs for such residence is more than 5 per- This division may be cited as the ‘‘Stolen paragraph (2), accompanied by such informa- cent of such veteran’s monthly income; and Valor Act of 2012’’. tion as the Secretary may reasonably re- (ii) an energy audit of such residence indi- SEC. 5012. FINDINGS. quire. cates that the installation of energy effi- Congress find the following: (2) CONTENTS.—Each application submitted cient features or equipment will reduce such (1) Because of the great respect in which under paragraph (1) shall include— costs by 10 percent or more; military service and military awards are (A) a plan of action detailing outreach ini- (2) in connection with modification and re- rightfully held by the public, false claims of tiatives; habilitation services provided under the receiving such medals or serving in the mili- (B) the approximate number of veterans pilot program, to provide technical, adminis- tary are especially likely to be harmful and the qualified organization intends to serve trative, and training support to an affiliate material to employers, voters in deciding to using grant funds; of a qualified organization receiving a grant whom paid elective positions should be en- (C) a description of the type of work that under such pilot program; and trusted, and in the award of contracts. will be conducted, such as interior home (3) for other purposes as the Secretary may (2) Military service and military awards modifications, energy efficiency improve- prescribe through regulations. are held in such great respect that public ments, and other similar categories of work; (e) OVERSIGHT.—The Secretary shall direct and private decisions are correctly influ- and the oversight of the grant funds for the pilot enced by claims of heroism.

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Even if such ‘Armed Forces of the United States’ means (II) by striking ‘‘pay,’’ and all that follows claims are unsuccessful in bringing about the Army, Navy, Air Force, Marine Corps, through ‘‘the same’’ and inserting ‘‘pay the this result, they still constitute attempted and Coast Guard, including the reserve com- same’’; fraud. ponents named in section 10101 of title 10.’’. (III) by striking ‘‘in any year’’ and insert- (6) False claims of military service or the SEC. 5014. SEVERABILITY. ing ‘‘to the public safety officer (if living on receipt of military awards that are made to If any provision of this division, any the date on which the determination is secure appointment to the board of an orga- amendment made by this division, or the ap- made)’’; nization are likely to cause harm to such or- plication of such provision or amendment to (IV) by striking ‘‘in such year, adjusted’’ ganization through their obtaining the serv- any person or circumstance is held to be un- and inserting ‘‘with respect to the date on ices of an individual who does not bring to constitutional, the remainder of the provi- which the catastrophic injury occurred, as that organization what he or she claims, and sions of this division, the amendments made adjusted’’; whose falsehood, if discovered, would cause by this division, and the application of such (aa) by striking ‘‘, to such officer’’; the organization’s donors concern that the provisions or amendments to any person or (V) by striking ‘‘the total’’ and all that fol- organization’s board might not manage circumstance shall not be affected. lows through ‘‘For’’ and inserting ‘‘for’’; and money honestly. DIVISION G—MISCELLANEOUS (VI) by striking ‘‘That these’’ and all that follows through the period, and inserting (7) The easily verifiable nature of false TITLE LII—MISCELLANEOUS claims regarding military service or the re- ‘‘That the amount payable under this sub- SEC. 5021. PUBLIC SAFETY OFFICERS’ BENEFITS section shall be the amount payable as of the ceipt of military awards, the relative infre- PROGRAM. quency of such claims, and the fact that date of catastrophic injury of such public (a) SHORT TITLE.—This section may be safety officer.’’; false claims of having served in the military cited as the ‘‘Dale Long Public Safety Offi- or received such awards are rightfully con- (iii) in subsection (f)— cers’ Benefits Improvements Act of 2012’’. (I) in paragraph (1), by striking ‘‘, as demned across the political spectrum, it is (b) BENEFITS FOR CERTAIN NONPROFIT amended (D.C. Code, sec. 4–622); or’’ and in- especially likely that any law prohibiting EMERGENCY MEDICAL SERVICE PROVIDERS; serting a semicolon; such false claims would not be enforced se- MISCELLANEOUS AMENDMENTS.— (II) in paragraph (2)— lectively. (1) IN GENERAL.—Title I of the Omnibus (aa) by striking ‘‘. Such beneficiaries shall (8) Congress may make criminal the false Crime Control and Safe Streets Act of 1968 only receive benefits under such section 8191 claim of military service or the receipt of (42 U.S.C. 3711 et seq.) is amended— that’’ and inserting ‘‘, such that bene- military awards based on its powers under (A) in section 901(a) (42 U.S.C. 3791(a))— ficiaries shall receive only such benefits article I, section 8, clause 2 of the Constitu- (i) in paragraph (26), by striking ‘‘and’’ at under such section 8191 as’’; and tion of the United States, to raise and sup- the end; (bb) by striking the period at the end and port armies, and article I, section 8, clause 18 (ii) in paragraph (27), by striking the pe- inserting ‘‘; or’’; and of the Constitution of the United States, to riod at the end and inserting ‘‘; and’’; and (III) by adding at the end the following: enact necessary and proper measures to (iii) by adding at the end the following: ‘‘(3) payments under the September 11th carry into execution that power. ‘‘(28) the term ‘hearing examiner’ includes Victim Compensation Fund of 2001 (49 U.S.C. SEC. 5013. MILITARY MEDALS OR DECORATIONS. any medical or claims examiner.’’; 40101 note; Public Law 107–42).’’; Section 704 of title 18, United States Code, (B) in section 1201 (42 U.S.C. 3796)— (iv) by amending subsection (k) to read as is amended to read as follows: (i) in subsection (a), by striking ‘‘follows:’’ follows: ‘‘§ 704. Military medals or decorations and all that follows and inserting the fol- ‘‘(k) As determined by the Bureau, a heart ‘‘(a) IN GENERAL.—Whoever knowingly pur- lowing: ‘‘follows (if the payee indicated is attack, stroke, or vascular rupture suffered chases, attempts to purchase, solicits for living on the date on which the determina- by a public safety officer shall be presumed purchase, mails, ships, imports, exports, pro- tion is made)— to constitute a personal injury within the duces blank certificates of receipt for, manu- ‘‘(1) if there is no child who survived the meaning of subsection (a), sustained in the factures, sells, attempts to sell, advertises public safety officer, to the surviving spouse line of duty by the officer and directly and for sale, trades, barters, or exchanges for of the public safety officer; proximately resulting in death, if— anything of value any decoration or medal ‘‘(2) if there is at least 1 child who survived ‘‘(1) the public safety officer, while on authorized by Congress for the Armed Forces the public safety officer and a surviving duty— of the United States, or any of the service spouse of the public safety officer, 50 percent ‘‘(A) engages in a situation involving non- medals or badges awarded to the members of to the surviving child (or children, in equal routine stressful or strenuous physical law such forces, or the ribbon, button, or rosette shares) and 50 percent to the surviving enforcement, fire suppression, rescue, haz- of any such badge, decoration, or medal, or spouse; ardous material response, emergency med- any colorable imitation thereof, except when ‘‘(3) if there is no surviving spouse of the ical services, prison security, disaster relief, authorized under regulations made pursuant public safety officer, to the surviving child or other emergency response activity; or to law, shall be fined under this title, impris- (or children, in equal shares); ‘‘(B) participates in a training exercise in- oned for not more than 6 months, or both. ‘‘(4) if there is no surviving spouse of the volving nonroutine stressful or strenuous ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILI- public safety officer and no surviving child— physical activity; TARY DECORATIONS, MEDALS, OR RIBBONS AND ‘‘(A) to the surviving individual (or indi- ‘‘(2) the heart attack, stroke, or vascular FALSE CLAIMS RELATING TO MILITARY SERV- viduals, in shares per the designation, or, rupture commences— ICE IN ORDER TO SECURE A TANGIBLE BENEFIT otherwise, in equal shares) designated by the ‘‘(A) while the officer is engaged or partici- OR PERSONAL GAIN.— public safety officer to receive benefits under pating as described in paragraph (1); ‘‘(1) IN GENERAL.—Whoever, with the intent this subsection in the most recently exe- ‘‘(B) while the officer remains on that duty of securing a tangible benefit or personal cuted designation of beneficiary of the public after being engaged or participating as de- gain, knowingly, falsely, and materially rep- safety officer on file at the time of death scribed in paragraph (1); or resents himself or herself through any writ- with the public safety agency, organization, ‘‘(C) not later than 24 hours after the offi- ten or oral communication (including a re- or unit; or cer is engaged or participating as described sume) to have served in the Armed Forces of ‘‘(B) if there is no individual qualifying in paragraph (1); and the United States or to have been awarded under subparagraph (A), to the surviving in- ‘‘(3) the heart attack, stroke, or vascular any decoration, medal, ribbon, or other de- dividual (or individuals, in equal shares) des- rupture directly and proximately results in vice authorized by Congress or pursuant to ignated by the public safety officer to re- the death of the public safety officer, Federal law for the Armed Forces of the ceive benefits under the most recently exe- unless competent medical evidence estab- United States, shall be fined under this title, cuted life insurance policy of the public safe- lishes that the heart attack, stroke, or vas- imprisoned for not more than 6 months, or ty officer on file at the time of death with cular rupture was unrelated to the engage- both. the public safety agency, organization, or ment or participation or was directly and ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— unit; proximately caused by something other than For purposes of this subsection, the term ‘‘(5) if there is no individual qualifying the mere presence of cardiovascular-disease ‘tangible benefit or personal gain’ includes— under paragraph (1), (2), (3), or (4), to the sur- risk factors.’’; and

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00227 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7632 CONGRESSIONAL RECORD — SENATE December 5, 2012 (v) by adding at the end the following: (G) in each of subsections (a) and (b) of sec- ‘‘(4) a certification submitted under any ‘‘(n) The public safety agency, organization 1212 (42 U.S.C. 3796d–1), sections 1213 and such statute (other than a certification sub- tion, or unit responsible for maintaining on 1214 (42 U.S.C. 3796d–2 and 3796d–3), and submitted pursuant to section 611 of the Uniting file an executed designation of beneficiary or sections (b) and (c) of section 1216 (42 U.S.C. and Strengthening America by Providing Ap- executed life insurance policy for purposes of 3796d–5), by striking ‘‘dependent’’ each place propriate Tools Required to Intercept and subsection (a)(4) shall maintain the confiden- it appears and inserting ‘‘person’’; Obstruct Terrorism Act of 2001 (42 U.S.C. tiality of the designation or policy in the (H) in section 1212 (42 U.S.C. 3796d–1)— 3796c–1)) may be accepted by the Bureau as same manner as the agency, organization, or (i) in subsection (a)— prima facie evidence of the facts asserted in unit maintains personnel or other similar (I) in paragraph (1), in the matter pre- the certification: records of the public safety officer.’’; ceding subparagraph (A), by striking ‘‘Sub- Provided further, That, on and after the date (C) in section 1202 (42 U.S.C. 3796a)— ject’’ and all that follows through ‘‘, the’’ of enactment of the Public Safety Officers’ (i) by striking ‘‘death’’, each place it ap- and inserting ‘‘The’’; and Benefits Improvements Act of 2012, no appeal pears except the second place it appears, and (II) in paragraph (3), by striking ‘‘reduced shall bring any final determination of the inserting ‘‘fatal’’; and by’’ and all that follows through ‘‘(B) the Bureau before any court for review unless (ii) in paragraph (1), by striking ‘‘or cata- amount’’ and inserting ‘‘reduced by the notice of appeal is filed (within the time strophic injury’’ the second place it appears amount’’; specified herein and in the manner pre- and inserting ‘‘, disability, or injury’’; (ii) in subsection (c)— scribed for appeal to United States courts of (D) in section 1203 (42 U.S.C. 3796a–1)— (I) in the subsection heading, by striking appeals from United States district courts) (i) in the section heading, by striking ‘‘WHO ‘‘DEPENDENT’’; and not later than 90 days after the date on HAVE DIED IN THE LINE OF DUTY’’ and insert- (II) by striking ‘‘dependent’’; which the Bureau serves notice of the final ing ‘‘WHO HAVE SUSTAINED FATAL OR CATA- (I) in paragraphs (2) and (3) of section determination: Provided further, That any STROPHIC INJURY IN THE LINE OF DUTY’’; and 1213(b) (42 U.S.C. 3796d–2(b)), by striking ‘‘de- regulations promulgated by the Bureau (ii) by striking ‘‘who have died in the line pendent’s’’ each place it appears and insert- under such part (or any such statute) before, of duty’’ and inserting ‘‘who have sustained ing ‘‘person’s’’; on, or after the date of enactment of the fatal or catastrophic injury in the line of (J) in section 1216 (42 U.S.C. 3796d–5)— Public Safety Officers’ Benefits Improve- duty’’; (i) in subsection (a), by striking ‘‘each de- ments Act of 2012 shall apply to any matter (E) in section 1204 (42 U.S.C. 3796b)— pendent’’ each place it appears and inserting pending on, or filed or accruing after, the ef- (i) in paragraph (1), by striking ‘‘con- ‘‘a spouse or child’’; and fective date specified in the regulations.’’. sequences of an injury that’’ and inserting (ii) by striking ‘‘dependents’’ each place it (d) EFFECTIVE DATE.— ‘‘an injury, the direct and proximate con- appears and inserting ‘‘a person’’; and (1) IN GENERAL.—Except as provided in sequences of which’’; (K) in section 1217(3)(A) (42 U.S.C. 3796d– paragraph (1), the amendments made by this (ii) in paragraph (3)— 6(3)(A)), by striking ‘‘described in’’ and all section shall— (I) in the matter preceding clause (i)— that follows and inserting ‘‘an institution of (A) take effect on the date of enactment of (aa) by inserting ‘‘or permanently and to- higher education, as defined in section 102 of this Act; and tally disabled’’ after ‘‘deceased’’; and the Higher Education Act of 1965 (20 U.S.C. (B) apply to any matter pending, before the (bb) by striking ‘‘death’’ and inserting 1002); and’’. Bureau of Justice Assistance or otherwise, ‘‘fatal or catastrophic injury’’; and (2) AMENDMENT RELATED TO EXPEDITED PAY- on the date of enactment of this Act, or filed (II) by redesignating clauses (i), (ii), and MENT FOR PUBLIC SAFETY OFFICERS INVOLVED or accruing after that date. (iii) as subparagraphs (A), (B), and (C), re- IN THE PREVENTION, INVESTIGATION, RESCUE, (2) EXCEPTIONS.— spectively; OR RECOVERY EFFORTS RELATED TO A TER- (A) RESCUE SQUADS AND AMBULANCE (iii) in paragraph (5)— RORIST ATTACK.—Section 611(a) of the Unit- CREWS.—For a member of a rescue squad or (I) by striking ‘‘post-mortem’’ each place it ing and Strengthening America by Providing ambulance crew (as defined in section 1204(7) appears and inserting ‘‘post-injury’’; Appropriate Tools Required to Intercept and of title I of the Omnibus Crime Control and (II) by redesignating clauses (i) and (ii) as Obstruct Terrorism Act of 2001 (42 U.S.C. Safe Streets Act of 1968, as amended by this subparagraphs (A) and (B), respectively; and 3796c–1(a)) is amended by inserting ‘‘or an en- section), the amendments made by this Act (III) in subparagraph (B), as so redesig- tity described in section 1204(7)(B) of the Om- shall apply to injuries sustained on or after nated, by striking ‘‘death’’ and inserting nibus Crime Control and Safe Streets Act of June 1, 2009. ‘‘fatal or catastrophic injury’’; 1968 (42 U.S.C. 3796b(7)(B))’’ after ‘‘employed (B) HEART ATTACKS, STROKES, AND VAS- (iv) in paragraph (7), by striking ‘‘public by such agency’’. CULAR RUPTURES.—Section 1201(k) of title I of employee member of a rescue squad or ambu- (3) TECHNICAL AND CONFORMING AMEND- the Omnibus Crime Control and Safe Streets lance crew;’’ and inserting ‘‘employee or vol- MENT.—Section 402(l)(4)(C) of the Internal Act of 1968, as amended by this section, shall unteer member of a rescue squad or ambu- Revenue Code of 1986 is amended— apply to heart attacks, strokes, and vascular lance crew (including a ground or air ambu- (A) by striking ‘‘section 1204(9)(A)’’ and in- ruptures sustained on or after December 15, lance service) that— serting ‘‘section 1204(10)(A)’’; and 2003. ‘‘(A) is a public agency; or (B) by striking ‘‘42 U.S.C. 3796b(9)(A)’’ and SEC. 5022. SCIENTIFIC FRAMEWORK FOR RECAL- ‘‘(B) is (or is a part of) a nonprofit entity inserting ‘‘42 U.S.C. 3796b(10)(A)’’. CITRANT CANCERS. serving the public that— (c) AUTHORIZATION OF APPROPRIATIONS; DE- Subpart 1 of part C of title IV of the Public ‘‘(i) is officially authorized or licensed to TERMINATIONS; APPEALS.—The matter under Health Service Act (42 U.S.C. 285 et seq.) is engage in rescue activity or to provide emer- the heading ‘‘PUBLIC SAFETY OFFICERS BENE- amended by adding at the end the following: gency medical services; and FITS’’ under the heading ‘‘OFFICE OF JUSTICE ‘‘SEC. 417G. SCIENTIFIC FRAMEWORK FOR RE- ‘‘(ii) engages in rescue activities or pro- PROGRAMS’’ under title II of division B of the CALCITRANT CANCERS. vides emergency medical services as part of Consolidated Appropriations Act, 2008 (Pub- ‘‘(a) DEVELOPMENT OF SCIENTIFIC FRAME- an official emergency response system;’’; and lic Law 110–161; 121 Stat. 1912; 42 U.S.C. 3796c– WORK.— (v) in paragraph (9)— 2) is amended— ‘‘(1) IN GENERAL.—For each recalcitrant (I) in subparagraph (A), by striking ‘‘as a (1) by striking ‘‘decisions’’ and inserting cancer identified under subsection (b), the chaplain, or as a member of a rescue squad ‘‘determinations’’; Director of the Institute shall develop (in ac- or ambulance crew;’’ and inserting ‘‘or as a (2) by striking ‘‘(including those, and any cordance with subsection (c)) a scientific chaplain;’’; related matters, pending)’’; and framework for the conduct or support of re- (II) in subparagraph (B)(ii), by striking (3) by striking the period at the end and in- search on such cancer. ‘‘or’’ after the semicolon; serting the following: ‘‘: Provided further, ‘‘(2) CONTENTS.—The scientific framework (III) in subparagraph (C)(ii), by striking That, on and after the date of enactment of with respect to a recalcitrant cancer shall the period and inserting ‘‘; or’’; and the Public Safety Officers’ Benefits Improve- include the following: (IV) by adding at the end the following: ments Act of 2012, as to each such statute— ‘‘(A) CURRENT STATUS.— ‘‘(D) a member of a rescue squad or ambu- ‘‘(1) the provisions of section 1001(a)(4) of ‘‘(i) REVIEW OF LITERATURE.—A summary of lance crew who, as authorized or licensed by such title I (42 U.S.C. 3793(a)(4)) shall apply; findings from the current literature in the law and by the applicable agency or entity, ‘‘(2) payment (other than payment made areas of— is engaging in rescue activity or in the provi- pursuant to section 611 of the Uniting and ‘‘(I) the prevention, diagnosis, and treat- sion of emergency medical services.’’; Strengthening America by Providing Appro- ment of such cancer; (F) in section 1205 (42 U.S.C. 3796c), by add- priate Tools Required to Intercept and Ob- ‘‘(II) the fundamental biologic processes ing at the end the following: struct Terrorism Act of 2001 (42 U.S.C. 3796c– that regulate such cancer (including similar- ‘‘(d) Unless expressly provided otherwise, 1)) shall be made only upon a determination ities and differences of such processes from any reference in this part to any provision of by the Bureau that the facts legally warrant the biological processes that regulate other law not in this part shall be understood to the payment; cancers); and constitute a general reference under the doc- ‘‘(3) any reference to section 1202 of such ‘‘(III) the epidemiology of such cancer. trine of incorporation by reference, and thus title I shall be deemed to be a reference to ‘‘(ii) SCIENTIFIC ADVANCES.—The identifica- to include any subsequent amendments to paragraphs (2) and (3) of such section 1202; tion of relevant emerging scientific areas the provision.’’; and and promising scientific advances in basic,

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00228 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7633 translational, and clinical science relating ‘‘(B) are estimated to cause the death of at ‘‘(i) a detailed list of all public diplomacy to the areas described in subclauses (I) and least 30,000 individuals in the United States activities funded by the United States Gov- (II) of clause (i). per year. ernment; ‘‘(iii) RESEARCHERS.—A description of the ‘‘(2) ADDITIONAL CANCERS.—The Director of ‘‘(ii) a description of— availability of qualified individuals to con- the Institute may, at any time, identify ‘‘(I) the purpose, means, and geographic duct scientific research in the areas de- other recalcitrant cancers for purposes of scope of each activity; scribed in clause (i). this section. In identifying a recalcitrant ‘‘(II) when each activity was started; ‘‘(iv) COORDINATED RESEARCH INITIATIVES.— cancer pursuant to the previous sentence, ‘‘(III) the amount of Federal funding ex- The identification of the types of initiatives the Director may consider additional pended on each activity; and partnerships for the coordination of in- metrics of progress (such as incidence and ‘‘(IV) any significant outside sources of tramural and extramural research of the In- mortality rates) against such type of cancer. funding; and stitute in the areas described in clause (i) ‘‘(c) WORKING GROUPS.—For each recal- ‘‘(V) the Federal department or agency to with research of the relevant national re- citrant cancer identified under subsection which the activity belongs; search institutes, Federal agencies, and non- (b), the Director of the Institute shall con- ‘‘(iii) the international broadcasting ac- Federal public and private entities in such vene a working group comprised of rep- tivities under the direction of the Broad- resentatives of appropriate Federal agencies areas. casting Board of Governors; and other non-Federal entities to provide ex- ‘‘(v) RESEARCH RESOURCES.—The identifica- ‘‘(iv) an assessment of potentially duplica- pertise on, and assist in developing, a sci- tion of public and private resources, such as tive public diplomacy and international patient registries and tissue banks, that are entific framework under subsection (a). The Director of the Institute (or the Director’s broadcasting activities; and available to facilitate research relating to ‘‘(v) for any activities determined to be in- each of the areas described in clause (i). designee) shall participate in the meetings of each such working group. effective or results not demonstrated under ‘‘(B) IDENTIFICATION OF RESEARCH QUES- ‘‘(d) REPORTING.— subparagraph (B), recommendations on ex- TIONS.—The identification of research ques- ‘‘(1) BIENNIAL REPORTS.—The Director of isting effective or moderately effective pub- tions relating to basic, translational, and NIH shall ensure that each biennial report lic diplomacy activities that could be aug- clinical science in the areas described in sub- under section 403 includes information on ac- mented to carry out the objectives of the in- clauses (I) and (II) of subparagraph (A)(i) tions undertaken to carry out each scientific effective activities. that have not been adequately addressed framework developed under subsection (a) ‘‘(B) EFFECTIVENESS ASSESSMENT.—In eval- with respect to such recalcitrant cancer. with respect to a recalcitrant cancer, includ- uating the public diplomacy and inter- ‘‘(C) RECOMMENDATIONS.—Recommenda- ing the following: national broadcasting activities described in tions for appropriate actions that should be ‘‘(A) Information on research grants subparagraph (A), the Commission shall con- taken to advance research in the areas de- awarded by the National Institutes of Health duct an assessment that considers the public scribed in subparagraph (A)(i) and to address for research relating to such cancer. diplomacy target impact, the achieved im- the research questions identified in subpara- ‘‘(B) An assessment of the progress made in pact, and the cost of public diplomacy activi- graph (B), as well as for appropriate bench- improving outcomes (including relative sur- ties and international broadcasting. The as- marks to measure progress on achieving vival rates) for individuals diagnosed with sessment shall include, if practicable, an ap- such actions, including the following: such cancer. propriate metric such as ‘cost-per-audience’ ‘‘(i) RESEARCHERS.—Ensuring adequate ‘‘(C) An update on activities pertaining to or ‘cost-per-student’ for each activity. Upon availability of qualified individuals de- such cancer under the authority of section the completion of the assessment, the Com- scribed in subparagraph (A)(iii). 413(b)(7). mission shall the assign a rating of— ‘‘(ii) COORDINATED RESEARCH INITIATIVES.— ‘‘(2) ADDITIONAL ONE-TIME REPORT FOR CER- ‘‘(i) ‘effective’ for activities that— Promoting and developing initiatives and TAIN FRAMEWORKS.—For each recalcitrant ‘‘(I) set appropriate goals; partnerships described in subparagraph cancer identified under subsection (b)(1), the ‘‘(II) achieve results; and (A)(iv). Director of the Institute shall, not later than ‘‘(III) are well-managed and cost efficient; ‘‘(iii) RESEARCH RESOURCES.—Developing 6 years after the initial development of a sci- ‘‘(ii) ‘moderately effective’ for activities additional public and private resources de- entific framework under subsection (a), sub- that— scribed in subparagraph (A)(v) and strength- mit a report to the Congress on the effective- ening existing resources. ‘‘(I) achieve some results; ness of the framework (including the update ‘‘(II) are generally well-managed; and ‘‘(3) TIMING.— required by subsection (a)(3)(A)(ii)) in im- ‘‘(III) need to improve their performance ‘‘(A) INITIAL DEVELOPMENT AND SUBSEQUENT proving the prevention, detection, diagnosis, results or cost efficiency, including reducing UPDATE.—For each recalcitrant cancer iden- and treatment of such cancer. tified under subsection (b)(1), the Director of overhead; ‘‘(e) RECOMMENDATIONS FOR EXCEPTION the Institute shall— ‘‘(iii) ‘ineffective’ for activities that— FUNDING.—The Director of the Institute shall ‘‘(I) are not making sufficient use of avail- ‘‘(i) develop a scientific framework under consider each relevant scientific framework this subsection not later than 18 months able resources to achieve stated goals; developed under subsection (a) when making ‘‘(II) are not well-managed; or after the date of the enactment of this sec- recommendations for exception funding for tion; and ‘‘(III) have excessive overhead; and grant applications. ‘‘(iv) ‘results not demonstrated’ for activi- ‘‘(ii) review and update the scientific ‘‘(f) DEFINITION.—In this section, the term framework not later than 5 years after its ‘recalcitrant cancer’ means a cancer for ties that— initial development. which the five-year relative survival rate is ‘‘(I) do not have acceptable performance ‘‘(B) OTHER UPDATES.—The Director of the below 50 percent.’’. public diplomacy metrics for measuring results; or Institute may review and update each sci- SEC. 5023. UNITED STATES ADVISORY COMMIS- entific framework developed under this sub- SION ON PUBLIC DIPLOMACY. ‘‘(II) are unable or failed to collect data to section as necessary. (a) TECHNICAL AMENDMENT.—Section 604(a) determine if they are effective. ‘‘(4) PUBLIC NOTICE.—With respect to each of the United States Information and Edu- ‘‘(2) OTHER REPORTS.— scientific framework developed under sub- cational Exchange Act of 1948 (22 U.S.C. ‘‘(A) IN GENERAL.—The Commission shall section (a), not later than 30 days after the 1469(a)) is amended by inserting ‘‘(referred to submit other reports, including working pa- date of completion of the framework, the Di- in this section as the ‘Commission’)’’ before pers, to Congress, the President, and the Sec- rector of the Institute shall— the period at the end. retary of State at least semi-annually on ‘‘(A) submit such framework to the Com- (b) DUTIES AND RESPONSIBILITIES.—Section other activities and policies related to mittee on Energy and Commerce and Com- 604(c) of such Act is amended to read as fol- United States public diplomacy. mittee on Appropriations of the House of lows: ‘‘(B) AVAILABILITY.—The Commission shall Representatives, and the Committee on ‘‘(c) DUTIES AND RESPONSIBILITIES.—The make the reports submitted pursuant to sub- Health, Education, Labor, and Pensions and Commission shall appraise United States paragraph (A) publicly available on the Committee on Appropriations of the Senate; Government activities intended to under- website of the Commission to develop a bet- stand, inform, and influence foreign publics. and ter understanding of, and support for, public The activities described in this subsection ‘‘(B) make such framework publically diplomacy activities. shall be referred to in this section as ‘public available on the Internet website of the De- ‘‘(3) ACCESS TO INFORMATION.—The Sec- diplomacy activities’.’’. partment of Health and Human Services. retary of State shall ensure that the Com- (c) REPORTS.—Section 604(d) of such Act is mission has access to all appropriate infor- ‘‘(b) IDENTIFICATION OF RECALCITRANT CAN- amended to read as follows: mation to carry out its duties and respon- CER.— ‘‘(d) REPORTS.— sibilities under this subsection.’’. ‘‘(1) IN GENERAL.—Not later than 6 months ‘‘(1) COMPREHENSIVE ANNUAL REPORT.— after the date of the enactment of this sec- ‘‘(A) IN GENERAL.—Not less frequently than (d) REAUTHORIZATION.— tion, the Director of the Institute shall iden- annually, the Commission shall submit a (1) IN GENERAL.—Section 1334 of the For- tify two or more recalcitrant cancers that comprehensive report on public diplomacy eign Affairs Reform and Restructuring Act each— and international broadcasting activities to of 1998 (22 U.S.C. 6553) is amended by striking ‘‘(A) have a 5-year relative survival rate of Congress, the President, and the Secretary of ‘‘October 1, 2010’’ and inserting ‘‘October 1, less than 20 percent; and State. This report shall include— 2014’’.

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(2) RETROACTIVITY OF EFFECTIVE DATE.— (b) JUDICIAL SURVIVORS’ ANNUITIES FUND (1) by redesignating subsections (b) The amendment made by paragraph (1) shall AUDIT BY GAO.— through (g) as subsections (c) through (h), re- take effect on October 1, 2010. (1) IN GENERAL.—Section 376 of title 28, spectively; (e) FUNDING.—From amounts appropriated United States Code, is amended— (2) by inserting after subsection (a) the fol- by Congress under the heading ‘‘DIPLOMATIC (A) by striking subsection (w); and lowing: AND CONSULAR PROGRAMS’’, the Secretary of (B) by redesignating subsections (x) and (y) ‘‘(b) IMPROVING THE DETERMINATION OF IM- State shall allocate sufficient funding to the as subsections (w) and (x), respectively. PROPER PAYMENTS.— United States Advisory Commission on Pub- (2) TECHNICAL AND CONFORMING AMEND- ‘‘(1) IN GENERAL.—The Director of the Of- lic Diplomacy to carry out section 604 of the MENT.—Section 376(h)(2) of title 28, United fice of Management and Budget shall on an United States Information and Educational States Code, is amended by striking ‘‘sub- annual basis— Exchange Act of 1948 (22 U.S.C. 1469), as section (x)’’ and inserting ‘‘subsection (w)’’. ‘‘(A) identify a list of high-priority Federal amended by this section. (c) ONDCP ANNUAL REPORT REQUIRE- programs for greater levels of oversight and SEC. 5024. REMOVAL OF ACTION. MENT.—Section 203 of the Office of National review— Section 1442 of title 28, United States Code, Drug Control Policy Reauthorization Act of ‘‘(i) in which the highest dollar value or is amended by striking subsection (c) and in- 2006 (21 U.S.C. 1708a) is amended— highest rate of improper payments occur; or serting the following: (1) in subsection (a), by striking ‘‘of each ‘‘(ii) for which there is a higher risk of im- ‘‘(c) Solely for purposes of determining the year’’ and inserting ‘‘, 2013, and every 3 years proper payments; and propriety of removal under subsection (a), a thereafter,’’; and ‘‘(B) in coordination with the agency re- law enforcement officer, who is the defend- (2) in subsection (b), in the matter pre- sponsible for administering the high-priority ant in a criminal prosecution, shall be ceding paragraph (1), by striking ‘‘at a fre- program, establish annual targets and semi- deemed to have been acting under the color quency of not less than once per year—’’ and annual or quarterly actions for reducing im- of his office if the officer— inserting ‘‘not later than December 31, 2013, proper payments associated with each high- ‘‘(1) protected an individual in the presence and every 3 years thereafter—’’. priority program. of the officer from a crime of violence; (d) USERRA GAO REPORT.—Section ‘‘(2) REPORT ON HIGH-PRIORITY IMPROPER ‘‘(2) provided immediate assistance to an 105(g)(1) of the Veterans’ Benefits Act of 2010 PAYMENTS.— individual who suffered, or who was threat- (Public Law 111–275; 38 U.S.C. 4301 note) is ‘‘(A) IN GENERAL.—Subject to Federal pri- ened with, bodily harm; or amended by striking ‘‘, and annually there- vacy policies and to the extent permitted by ‘‘(3) prevented the escape of any individual after during the period when the demonstra- law, each agency with a program identified who the officer reasonably believed to have tion project is conducted,’’. under paragraph (1)(A) on an annual basis committed, or was about to commit, in the (e) SEMIPOSTAL PROGRAM REPORTS BY THE shall submit to the Inspector General of that presence of the officer, a crime of violence GENERAL ACCOUNTING OFFICE.—Section 2 of agency, and make available to the public (in- that resulted in, or was likely to result in, the Semipostal Authorization Act (Public cluding availability through the Internet), a death or serious bodily injury. Law 106–253; 114 Stat. 636; 39 U.S.C. 416 note) report on that program. ‘‘(d) In this section, the following defini- is amended— ‘‘(B) CONTENTS.—Each report under this tions apply: (1) by striking subsection (c); and paragraph— ‘‘(1) The terms ‘civil action’ and ‘criminal (2) by redesignating subsections (d) and (e) ‘‘(i) shall describe— prosecution’ include any proceeding (wheth- as subsections (c) and (d), respectively. ‘‘(I) any action the agency— er or not ancillary to another proceeding) to (f) EARNED IMPORT ALLOWANCE PROGRAM ‘‘(aa) has taken or plans to take to recover improper payments; and the extent that in such proceeding a judicial REVIEW BY GAO.—Section 231A(b)(4) of the order, including a subpoena for testimony or Caribbean Basin Economic Recovery Act (19 ‘‘(bb) intends to take to prevent future im- documents, is sought or issued. If removal is U.S.C. 2703a(b)(4)) is amended— proper payments; and sought for a proceeding described in the pre- (1) by striking subparagraph (C); and ‘‘(ii) shall not include any referrals the vious sentence, and there is no other basis (2) by redesignating subparagraph (D) as agency made or anticipates making to the for removal, only that proceeding may be re- subparagraph (C). Department of Justice, or any information provided in connection with such referrals. moved to the district court. (g) AMERICAN BATTLE MONUMENTS COMMIS- ‘‘(C) PUBLIC AVAILABILITY ON CENTRAL ‘‘(2) The term ‘crime of violence’ has the SION’S FINANCIAL STATEMENTS AND AUDITS.— meaning given that term in section 16 of Section 2103(h) of title 36, United States WEBSITE.—The Office of Management and Budget shall make each report submitted title 18. Code, is amended— under this paragraph available on a central ‘‘(3) The term ‘law enforcement officer’ (1) in paragraph (1), by striking ‘‘of para- website. means any employee described in subparagraph (2) of this subsection’’ and inserting ‘‘(D) AVAILABILITY OF INFORMATION TO IN- graph (A), (B), or (C) of section 8401(17) of ‘‘of section 3515 of title 31’’; SPECTOR GENERAL.—Subparagraph (B)(ii) title 5 and any special agent in the Diplo- (2) in paragraph (1), by striking ‘‘(1)’’; and shall not prohibit any referral or informa- matic Security Service of the Department of (3) by striking paragraph (2). tion being made available to an Inspector State. (h) SENATE PRESERVATION FUND AUDITS.— General as otherwise provided by law. ‘‘(4) The term ‘serious bodily injury’ has Section 3(c)(6) of the Legislative Branch Ap- ‘‘(E) ASSESSMENT AND RECOMMENDATIONS.— the meaning given that term in section 1365 propriations Act, 2004 (2 U.S.C. 2108(c)(6)) is The Inspector General of each agency that of title 18. amended by striking ‘‘annual audits of the submits a report under this paragraph shall, ‘‘(5) The term ‘State’ includes the District Senate Preservation Fund’’ and inserting for each program of the agency that is iden- of Columbia, United States territories and ‘‘periodic audits of the Senate Preservation tified under paragraph (1)(A)— insular possessions, and Indian country (as Fund, which shall be conducted at least once ‘‘(i) review— defined in section 1151 of title 18). every 3 years, unless the Chairman or the ‘‘(I) the assessment of the level of risk as- ‘‘(6) The term ‘State court’ includes the Ranking Member of the Committee on Rules sociated with the program, and the quality Superior Court of the District of Columbia, a and Administration of the Senate or the Sec- of the improper payment estimates and court of a United States territory or insular retary of the Senate requests that an audit methodology of the agency relating to the possession, and a tribal court.’’. be conducted at an earlier date,’’. program; and TITLE LIII—GAO MANDATES REVISION Subtitle B—Improper Payments Elimination ‘‘(II) the oversight or financial controls to ACT and Recovery Improvement Act identify and prevent improper payments Subtitle A—GAO Mandates Revision Act SEC. 5311. SHORT TITLE. under the program; and SEC. 5301. SHORT TITLE. This subtitle may be cited as the ‘‘Im- ‘‘(ii) submit to Congress recommendations, This subtitle may be cited as the ‘‘GAO proper Payments Elimination and Recovery which may be included in another report Mandates Revision Act of 2012’’. Improvement Act of 2012’’. submitted by the Inspector General to Con- SEC. 5302. REPEALS AND MODIFICATIONS. SEC. 5312. DEFINITIONS. gress, for modifying any plans of the agency (a) CAPITOL PRESERVATION FUND FINANCIAL In this subtitle— relating to the program, including improve- STATEMENTS.—Section 804 of the Arizona- (1) the term ‘‘agency’’ means an executive ments for improper payments determination Idaho Conservation Act of 1988 (2 U.S.C. 2084) agency as that term is defined under section and estimation methodology.’’; is amended by striking ‘‘annual audits of the 102 of title 31, United States Code; and (3) in subsection (d) (as redesignated by transactions of the Commission’’ and insert- (2) the term ‘‘improper payment’’ has the paragraph (1) of this subsection), by striking ing ‘‘periodic audits of the transactions of meaning given that term in section 2(g) of ‘‘subsection (b)’’ each place that term ap- the Commission, which shall be conducted at the Improper Payments Information Act of pears and inserting ‘‘subsection (c)’’; least once every 3 years, unless the Chair- 2002 (31 U.S.C. 3321 note), as redesignated by (4) in subsection (e) (as redesignated by man or the Ranking Member of the Com- section l03(a)(1) of this subtitle. paragraph (1) of this subsection), by striking mittee on Rules and Administration of the SEC. 5313. IMPROVING THE DETERMINATION OF ‘‘subsection (b)’’ and inserting ‘‘subsection Senate or the Committee on House Adminis- IMPROPER PAYMENTS BY FEDERAL (c)’’; and tration of the House of Representatives, the AGENCIES. (5) in subsection (g)(3) (as redesignated by Secretary of the Senate, or the Clerk of the (a) IN GENERAL.—Section 2 of the Improper paragraph (1) of this subsection), by insert- House of Representatives requests that an Payments Information Act of 2002 (31 U.S.C. ing ‘‘or a Federal employee’’ after ‘‘non-Fed- audit be conducted at an earlier date,’’. 3321 note) is amended— eral person or entity’’.

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(b) IMPROVED ESTIMATES.— (B) The General Services Administration’s other techniques, which may include com- (1) IN GENERAL.—Not later than 180 days Excluded Parties List System. mercial database use or access. after the date of enactment of this subtitle, (C) The Debt Check Database of the De- (3) APPLICATION TO ALL AGENCIES.—Not the Director of the Office of Management partment of the Treasury. later than June 1, 2013, each agency shall re- and Budget shall provide guidance to agen- (D) The Credit Alert System or Credit view all payments and awards for all pro- cies for improving the estimates of improper Alert Interactive Voice Response System of grams of that agency through the system es- payments under the Improper Payments In- the Department of Housing and Urban Devel- tablished under this subsection. formation Act of 2002 (31 U.S.C. 3321 note). opment. (e) FACILITATING DATA ACCESS BY FEDERAL (2) GUIDANCE.—Guidance under this sub- (E) The List of Excluded Individuals/Enti- AGENCIES AND OFFICES OF INSPECTORS GEN- section shall— ties of the Office of Inspector General of the ERAL FOR PURPOSES OF PROGRAM INTEG- Department of Health and Human Services. (A) strengthen the estimation process of RITY.— (b) DO NOT PAY INITIATIVE.— agencies by setting standards for agencies to (1) DEFINITION.—In this subsection, the (1) ESTABLISHMENT.—There is established follow in determining the underlying valid- term ‘‘Inspector General’’ means an Inspec- the Do Not Pay Initiative which shall in- ity of sampled payments to ensure amounts tor General described in subparagraph (A), clude— being billed are proper; and (B), or (I) of section 11(b)(1) of the Inspector (A) use of the databases described under (B) instruct agencies to give the persons or General Act of 1978 (5 U.S.C. App.). subsection (a)(2); and entities performing improper payments esti- (2) COMPUTER MATCHING BY FEDERAL AGEN- (B) use of other databases designated by mates access to all necessary payment data, CIES FOR PURPOSES OF INVESTIGATION AND the Director of the Office of Management including access to relevant documentation; PREVENTION OF IMPROPER PAYMENTS AND (C) explicitly bar agencies from relying on and Budget in consultation with agencies and in accordance with paragraph (2). FRAUD.— self-reporting by the recipients of agency (A) IN GENERAL.—Except as provided in this (2) OTHER DATABASES.—In making designa- payments as the sole source basis for im- paragraph, in accordance with section 552a of proper payments estimates; tions of other databases under paragraph (1)(B), the Director of the Office of Manage- title 5, United States Code (commonly (D) require agencies to include all identi- known as the Privacy Act of 1974), each In- fied improper payments in the reported esti- ment and Budget shall— (A) consider any database that substan- spector General and the head of each agency mate, regardless of whether the improper may enter into computer matching agree- payment in question has been or is being re- tially assists in preventing improper payments; and ments that allow ongoing data matching covered; (which shall include automated data match- (E) include payments to employees, includ- (B) provide public notice and an opportunity for comment before designating a ing) in order to assist in the detection and ing salary, locality pay, travel pay, purchase database under paragraph (1)(B). prevention of improper payments. card use, and other employee payments, as (3) ACCESS AND REVIEW BY AGENCIES.—For (B) REVIEW.—Not later than 60 days after a subject to risk assessment and, where appro- purposes of identifying and preventing im- proposal for an agreement under subpara- priate, improper payment estimation; and proper payments, each agency shall have ac- graph (A) has been presented to a Data In- (F) require agencies to tailor their correc- cess to, and use of, the Do Not Pay Initiative tegrity Board established under section tive actions for the high-priority programs to verify payment or award eligibility in ac- 552a(u) of title 5, United States Code, for con- identified under section 2(b)(1)(A) of the Im- cordance with subsection (a) when the Direc- sideration, the Data Integrity Board shall re- proper Payments Information Act of 2002 (31 tor of the Office of Management and Budget spond to the proposal. U.S.C. 3321 note) to better reflect the unique determines the Do Not Pay Initiative is ap- (C) TERMINATION DATE.—An agreement processes, procedures, and risks involved in propriately established for the agency. under subparagraph (A)— each specific program. (4) PAYMENT OTHERWISE REQUIRED.—When (i) shall have a termination date of less (c) TECHNICAL AND CONFORMING AMEND- using the Do Not Pay Initiative, an agency than 3 years; and MENTS.—The Improper Payments Elimi- (ii) during the 3-month period ending on nation and Recovery Act of 2010 (Public Law shall recognize that there may be circumstances under which the law requires a the date on which the agreement is sched- 111–204; 124 Stat. 2224) is amended— uled to terminate, may be renewed by the (1) in section 2(h)(1) (31 U.S.C. 3321 note), payment or award to be made to a recipient, regardless of whether that recipient is iden- agencies entering the agreement for not by striking ‘‘section 2(f)’’ and all that fol- more than 3 years. lows and inserting ‘‘section 2(g) of the Im- tified as potentially ineligible under the Do Not Pay Initiative. (D) MULTIPLE AGENCIES.—For purposes of proper Payments Information Act of 2002 (31 this paragraph, section 552a(o)(1) of title 5, U.S.C. 3321 note).’’; and (5) ANNUAL REPORT.—The Director of the Office of Management and Budget shall sub- United States Code, shall be applied by sub- (2) in section 3(a) (31 U.S.C. 3321 note)— stituting ‘‘between the source agency and (A) in paragraph (1), by striking ‘‘section mit to Congress an annual report, which may be included as part of another report sub- the recipient agency or non-Federal agency 2(f)’’ and all that follows and inserting ‘‘sec- or an agreement governing multiple agen- tion 2(g) of the Improper Payments Informa- mitted to Congress by the Director, regarding the operation of the Do Not Pay Initia- cies’’ for ‘‘between the source agency and the tion Act of 2002 (31 U.S.C. 3321 note).’’; and recipient agency or non-Federal agency’’ in (B) in paragraph (3)— tive, which shall— (A) include an evaluation of whether the the matter preceding subparagraph (A). (i) by striking ‘‘section 2(b)’’ each place it (E) COST-BENEFIT ANALYSIS.—A justifica- appears and inserting ‘‘section 2(c)’’; and Do Not Pay Initiative has reduced improper payments or improper awards; and tion under section 552a(o)(1)(B) of title 5, (ii) by striking ‘‘section 2(c)’’ each place it United States Code, relating to an agree- appears and inserting ‘‘section 2(d)’’. (B) provide the frequency of corrections or identification of incorrect information. ment under subparagraph (A) is not required SEC. 5314. IMPROPER PAYMENTS INFORMATION. (c) DATABASE INTEGRATION PLAN.—Not to contain a specific estimate of any savings Section 2(a)(3)(A)(ii) of the Improper Pay- later than 60 days after the date of enact- under the computer matching agreement. ments Information Act of 2002 (31 U.S.C. 3321 ment of this subtitle, the Director of the Of- (F) GUIDANCE BY THE OFFICE OF MANAGE- note) is amended by striking ‘‘with respect fice of Management and Budget shall provide MENT AND BUDGET.—Not later than 6 months to fiscal years following September 30th of a to the Congress a plan for— after the date of enactment of this subtitle, fiscal year beginning before fiscal year 2013 (1) inclusion of other databases on the Do and in consultation with the Council of In- as determined by the Office of Management Not Pay Initiative; spectors General on Integrity and Efficiency, and Budget’’ and inserting ‘‘with respect to (2) to the extent permitted by law, agency the Secretary of Health and Human Services, fiscal year 2014 and each fiscal year there- access to the Do Not Pay Initiative; and the Commissioner of Social Security, and after’’. (3) the multilateral data use agreements the head of any other relevant agency, the SEC. 5315. DO NOT PAY INITIATIVE. described under subsection (e). Director of the Office of Management and (a) PREPAYMENT AND PREAWARD PROCE- (d) INITIAL WORKING SYSTEM.— Budget shall— DURES.— (1) ESTABLISHMENT.—Not later than 90 days (i) issue guidance for agencies regarding (1) IN GENERAL.—Each agency shall review after the date of enactment of this subtitle, implementing this paragraph, which shall in- prepayment and preaward procedures and en- the Director of the Office of Management clude standards for— sure that a thorough review of available and Budget shall establish a working system (I) reimbursement of costs, when nec- databases with relevant information on eli- for prepayment and preaward review that in- essary, between agencies; gibility occurs to determine program or cludes the Do Not Pay Initiative as described (II) retention and timely destruction of award eligibility and prevent improper pay- under this section. records in accordance with section ments before the release of any Federal (2) WORKING SYSTEM.—The working system 552a(o)(1)(F) of title 5, United States Code; funds. established under paragraph (1)— (III) prohibiting duplication and redisclo- (2) DATABASES.—At a minimum and before (A) may be located within an appropriate sure of records in accordance with section issuing any payment and award, each agency agency; 552a(o)(1)(H) of title 5, United States Code; shall review as appropriate the following (B) shall include not less than 3 agencies as (ii) review the procedures of the Data In- databases to verify eligibility of the pay- users of the system; and tegrity Boards established under section ment and award: (C) shall include investigation activities 552a(u) of title 5, United States Code, and de- (A) The Death Master File of the Social Se- for fraud and systemic improper payments velop new guidance for the Data Integrity curity Administration. detection through analytic technologies and Boards to—

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00231 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with S7636 CONGRESSIONAL RECORD — SENATE December 5, 2012 (I) improve the effectiveness and respon- Director of the Office of Management and have been launched by the National Tele- siveness of the Data Integrity Boards; and Budget shall submit a report to Congress on communications and Information Adminis- (II) ensure privacy protections in accord- the plan established under this subsection, tration to assess and recommend practical ance with section 552a of title 5, United including recommended legislation. frameworks for the development of reloca- States Code (commonly known as the Pri- SEC. 5316. IMPROVING RECOVERY OF IMPROPER tion, transition, and sharing arrangement vacy Act of 1974); and PAYMENTS. and plans for 110 megahertz of federal spec- (III) establish standard matching agree- (a) DEFINITION.—In this section, the term trum in the 1695–1710 MHz and the 1755–1850 ments for use when appropriate; and ‘‘recovery audit’’ means a recovery audit de- MHz bands. (iii) establish and clarify rules regarding scribed under section 2(h) of the Improper f what constitutes making an agreement en- Payments Elimination and Recovery Act of tered under subparagraph (A) available upon 2010. ORDER OF PROCEDURE request to the public for purposes of section (b) REVIEW.—The Director of the Office of 552a(o)(2)(A)(ii) of title 5, United States Management and Budget shall determine— Mr. CARDIN. Mr. President, I ask Code, which shall include requiring publica- (1) current and historical rates and unanimous consent that on Thursday, tion of the agreement on a public website. amounts of recovery of improper payments December 6, 2012, at 11:45 a.m., the Sen- (G) CORRECTIONS.—The Director of the Of- (or, in cases in which improper payments are ate proceed to executive session to con- fice of Management and Budget shall estab- identified solely on the basis of a sample, re- sider the following nominations: Cal- lish procedures providing for the correction covery rates and amounts estimated on the endar Nos. 761 and 828; that there be 15 of data in order to ensure— basis of the applicable sample), including a minutes for debate equally divided in (i) compliance with section 552a(p) of title list of agency recovery audit contract pro- the usual form; that following the pe- 5, United States Code; and grams and specific information of amounts (ii) that corrections are made in any Do and payments recovered by recovery audit riod of debate on the nominations, the Not Pay Initiative database and in any rel- contractors; and Senate proceed to legislative session to evant source databases designated by the Di- (2) targets for recovering improper pay- resume consideration of H.R. 6156, as rector of the Office of Management and ments, including specific information on provided under the previous order, and Budget under subsection (b)(1). amounts and payments recovered by recov- following the disposition of H.R. 6156, (H) COMPLIANCE.—The head of each agency, ery audit contractors. the Senate resume executive session in consultation with the Inspector General of Subtitle C—Sense of Congress Regarding and proceed to vote without inter- the agency, shall ensure that any informa- Spectrum tion provided to an individual or entity vening action or debate on Calendar under this subsection is provided in accord- SEC. 5317. SENSE OF CONGRESS REGARDING Nos. 761 and 828 in that order; the mo- SPECTRUM. tions to reconsider be considered made ance with protocols established under this It is the sense of Congress that— subsection. (1) the Nation’s mobile communications in- and laid upon the table, with no inter- (I) RULE OF CONSTRUCTION.—Nothing in this dustry is a significant economic engine, by vening action or debate; that no fur- subsection shall be construed to affect the one estimate directly or indirectly sup- ther motions be in order; that any re- rights of an individual under section 552a(p) porting 3,800,000 jobs, or 2.6 percent of all lated statements be printed in the of title 5, United States Code. United States employment, contributing RECORD; that the President be imme- (f) DEVELOPMENT AND ACCESS TO A DATA- $195,500,000,000 to the United States gross do- BASE OF INCARCERATED INDIVIDUALS.—Not diately notified of the Senate’s action later than 1 year after the date of enactment mestic product and driving $33,000,000,000 in and the Senate then resume legislative of this subtitle, the Attorney General shall productivity improvements in 2011; session. submit to Congress recommendations for in- (2) while wireless carriers are continually implementing new and more efficient tech- The PRESIDING OFFICER. Without creasing the use of, access to, and the tech- objection, it is so ordered. nical feasibility of using data on the Federal, nologies and techniques to maximize their State, and local conviction and incarcer- existing spectrum capacity, there is a press- f ing need for additional spectrum for mobile ation status of individuals for purposes of INTERCOUNTRY ADOPTION UNI- identifying and preventing improper pay- broadband services, with one report pre- ments by Federal agencies and programs and dicting that global mobile data traffic will VERSAL ACCREDITATION ACT OF fraud. increase 18-fold between 2011 and 2016 at a 2012 (g) PLAN TO CURB FEDERAL IMPROPER PAY- compound annual growth rate of 78 percent, Mr. CARDIN. Mr. President, I ask MENTS TO DECEASED INDIVIDUALS BY IMPROV- reaching 10.8 exabytes per month by 2016; unanimous consent that the Senate ING THE QUALITY AND USE BY FEDERAL AGEN- (3) as the Nation faces the growing demand CIES OF THE SOCIAL SECURITY ADMINISTRATION for spectrum, consideration should be given proceed to the immediate consider- DEATH MASTER FILE.— to both the supply of spectrum for licensed ation of Calendar No. 539, S. 3331. (1) ESTABLISHMENT.—In conjunction with networks and for unlicensed devices; The PRESIDING OFFICER. The the Commissioner of Social Security and in (4) while this additional demand can be clerk will report the bill by title. consultation with relevant stakeholders that met in part by reallocating spectrum from The legislative clerk read as follows: have an interest in or responsibility for pro- existing non-governmental uses, the long- A bill (S. 3331) to provide for universal viding the data, and the States, the Director term solution must include reallocation and intercountry adoption accreditation stand- of the Office of Management and Budget sharing of Federal Government spectrum for ards, and for other purposes. shall establish a plan for improving the qual- private sector use; ity, accuracy, and timeliness of death data (5) recognizing the important uses of spec- There being no objection, the Senate maintained by the Social Security Adminis- trum by the Federal Government, including proceeded to consider the bill. tration, including death information re- for national and homeland security, law en- Mr. CARDIN. I further ask unani- ported to the Commissioner under section forcement and other critical federal uses, ex- mous consent that the Kerry amend- 205(r) of the Social Security Act (42 U.S.C. isting law ensures that Federal operations ment, which is at the desk, be agreed 405(r)). are not harmed as a result of a reallocation to, and the Senate proceed to a voice (2) ADDITIONAL ACTIONS UNDER PLAN.—The of spectrum for commercial use, including plan established under this subsection shall through the establishment of the Spectrum vote on passage of the bill, as amended. include recommended actions by agencies Relocation Fund to reimburse Federal users The PRESIDING OFFICER. Without to— for the costs of planning and implementing objection, it is so ordered. (A) increase the quality and frequency of relocation and sharing arrangements and, The amendment (No. 3310) was agreed access to the Death Master File and other with respect to spectrum vacated by the De- to, as follows: death data; partment of Defense, certification under sec- (Purpose: In the nature of a substitute) (B) achieve a goal of at least daily access tion 1062 of P.L. 106–65 by the Secretaries of as appropriate; Defense and Commerce and the Chairman of Strike all after the enacting clause and in- (C) provide for all States and other data the Joint Chiefs of Staff that replacement sert the following: providers to use improved and electronic spectrum provides comparable technical SECTION 1. SHORT TITLE. means for providing data; characteristics to restore essential military This Act may be cited as the ‘‘Inter- (D) identify improved methods by agencies capability; and country Adoption Universal Accreditation for determining ineligible payments due to (6) given the need to determine equitable Act of 2012’’. the death of a recipient through proactive outcomes for the Nation in relation to spec- SEC. 2. UNIVERSAL ACCREDITATION REQUIRE- verification means; and trum use that balance the private sector’s MENTS. (E) address improper payments made by demand for spectrum with national security (a) IN GENERAL.—The provisions of title II agencies to deceased individuals as part of and other critical federal missions, all inter- and section 404 of the Intercountry Adoption Federal retirement programs. ested parties should be encouraged to con- Act of 2000 (42 U.S.C. 14901 et seq.), and re- (3) REPORT.—Not later than 120 days after tinue the collaborative efforts between in- lated implementing regulations, shall apply the date of enactment of this subtitle, the dustry and government stakeholders that to any person offering or providing adoption

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00232 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.030 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7637 services in connection with a child described The PRESIDING OFFICER. Without 44 Senators, sent a letter to Raul Cas- in section 101(b)(1)(F) of the Immigration objection, it is so ordered. tro urging the Cuban Government in and Nationality Act (8 U.S.C. 1101(b)(1)(F)), f the strongest possible terms to release to the same extent as they apply to the of- Alan Gross immediately and uncondi- fering or provision of adoption services in IMMEDIATE AND UNCONDITIONAL tionally. But these attempts have been connection with a Convention adoption. The RELEASE OF UNITED STATES futile. Alan Gross remains in prison, Secretary of State, the Secretary of Home- CITIZEN ALAN PHILLIP GROSS land Security, the Attorney General (with caught in the middle of a conflict be- respect to section 404(b) of the Intercountry Mr. CARDIN. Mr. President, I ask tween two nations with a complex, Adoption Act of 2000 (42 U.S.C. 14944)), and unanimous consent that the Senate often frustrating relationship. the accrediting entities shall have the du- now proceed to the consideration of S. Tonight, the Senate is adopting a ties, responsibilities, and authorities under Res. 609, which was submitted earlier resolution unanimously, a resolution title II and title IV of the Intercountry today. Senator MORAN and I have submitted Adoption Act of 2000 and related imple- The PRESIDING OFFICER. The menting regulations with respect to a person with a long list of bipartisan sponsors. offering or providing such adoption services, clerk will report the resolution by The resolution calls for Mr. Gross’ im- irrespective of whether such services are of- title. mediate and unconditional release and fered or provided in connection with a Con- The legislative clerk read as follows: urges the Cuban Government to ad- vention adoption. A resolution (S. Res. 609) calling for the dress his medical issues, including al- (b) EFFECTIVE DATE.—The provisions of immediate and unconditional release of lowing an independent medical exam- this section shall take effect 18 months after United States citizen Alan Phillip Gross ination to be completed. Alan’s per- the date of the enactment of this Act. from detention in Cuba and urging the Gov- sonal freedoms are being violated every (c) TRANSITION RULE.—This Act shall not ernment of Cuba to address his medical day that he continues to be incarcer- apply to a person offering or providing adop- issues. tion services as described in subsection (a) in ated, and we can no longer tolerate his the case of a prospective adoption in which— There being no objection, the Senate being denied an independent medical (1) an application for advance processing of proceeded to consider the resolution. evaluation. Alan Gross should no an orphan petition or petition to classify an Mr. CARDIN. Mr. President, 2 days longer be forced to suffer the con- orphan as an immediate relative for a child ago—December 3, 2012—marked the sequences of political gamesmanship. is filed before the date that is 180 days after third anniversary of Alan Gross’ arrest Enough is enough. the date of the enactment of this Act; or by the Cuban Government. Over the Today the Senate has spoken once (2) the prospective adoptive parents of a past 3 years, Alan’s case has been of again. Alan Gross is a husband, a fa- child have initiated the adoption process deep personal concern to me and many with the filing of an appropriate application ther, a son, and an American. We call in a foreign country sufficient such that the in my State. Alan, an American citizen on the Cuban Government to release Secretary of State is satisfied before the and Marylander, was in Cuba to help Alan Gross immediately. date that is 180 days after the date of the en- the small Jewish community there es- Mr. President, I know of no further actment of this Act. tablish improved access to the Inter- debate on this measure. SEC. 3. AVAILABILITY OF COLLECTED FEES FOR net, which would allow the community The PRESIDING OFFICER. Is there ACCREDITING ENTITIES. to go online without fear of censorship further debate? (a) Section 403 of the Intercountry Adop- or monitoring. After being held for 14 If not, the question is on agreeing to tion Act of 2000 (42 U.S.C. 14943) is amended months without charge and then a cur- by striking subsection (c). the resolution. (b) REPORT REQUIREMENT.—Section 202(b) sory 2-day trial, he was convicted and The resolution (S. Res. 609) was of the Intercountry Adoption act of 2000 (42 sentenced to 15 years in prison. In Au- agreed to. U.S.C. 14922(b)) is amended by adding at the gust 2012, a petition to the United Na- Mr. CARDIN. Mr. President, I ask end the following: tions Working Group on Arbitrary De- unanimous consent that the preamble ‘‘(5) REPORT ON USE OF FEDERAL FUNDING.— tention was filed on his behalf. be agreed to, the motions to reconsider Not later than 90 days after an accrediting Last week, officials with the Cuban be laid upon the table, and any state- entity receives Federal funding authorized Ministry for Foreign Affairs claimed ments relating to the matter be print- by section 403, the entity shall submit a re- that Alan Gross is in good health. But port to the Committee on Foreign Relations ed in the RECORD. of the Senate and the Committee on Foreign the Cuban Government has not allowed The PRESIDING OFFICER. Without Affairs of the House of Representatives that Mr. Gross to receive an independent objection, it is so ordered. describes— medical evaluation. To date, Alan has The preamble was agreed to. ‘‘(A) the amount of such funding the entity lost 105 pounds, suffers from degenera- The resolution, with its preamble, received; and tive arthritis, and has a mass behind reads as follows: ‘‘(B) how such funding was, or will be, used his shoulder. Alan also suffers from se- S. RES. 609 by the entity.’’. vere mental anguish because of the sep- Whereas, Alan Phillip Gross, a citizen of SEC. 4. DEFINITIONS. aration from his family. the United States, was born in New York on In this Act, the terms ‘‘accrediting enti- To say that the Gross family has May 2, 1949, and is a resident of the State of ty’’, ‘‘adoption service’’, ‘‘Convention adop- been on a rollercoaster would be an un- Maryland; tion’’, and ‘‘person’’ have the meanings given Whereas Mr. Gross has devoted his profes- those terms in section 3 of the Intercountry derstatement. His mother and daughter are both battling cancer. His wife Judy sional life to helping others through his Adoption Act of 2000 (42 U.S.C. 14902). work in international development and has The PRESIDING OFFICER. Is there is struggling to make ends meet. Judy served in more than 50 countries and terri- further debate? Gross has fought for Alan’s release tories worldwide; Hearing none, the question is on the every day for the last 3 years. Judy has Whereas, in 2001, Mr. Gross founded JBDC, engrossment and third reading of the called, e-mailed, and met with every- LLC to support Internet connectivity in lo- bill. one imaginable. She has been on news cations with little or no access; The bill was ordered to be engrossed programs and written letters. Judy has Whereas, on February 10, 2009, JBDC, LLC received a subcontract with the United for a third reading and was read the never given up hope; she has remained strong for her family and for Alan. As States Agency for International Develop- third time. ment (USAID); The PRESIDING OFFICER. The bill many of our colleagues will attest, she Whereas, working as a subcontractor for having been read the third time, the will stop at nothing to see Alan return the United States Agency for International question is, Shall it pass? home. Due in no small part to Judy’s Development, Mr. Gross sought to establish The bill (S. 3331), as amended, was perseverance, the U.S. Senate has been wireless networks and improve Internet and passed. actively involved in this matter. Intranet access and connectivity for a small, Mr. CARDIN. I further ask unani- Over the past 3 years, U.S. officials peaceful, non-dissident, Cuban Jewish com- mous consent that the motion to re- have traveled to Cuba, we have written munity; consider be considered made and laid to numerous Cuban dignitaries, and we Whereas Mr. Gross made 5 trips to Cuba in furtherance of the United States Agency for upon the table, with no intervening ac- have employed other creative means to International Development project he was tion or debate, and that any state- encourage Mr. Gross’ release. In Sep- subcontracted to support; ments relating to the measure be print- tember, my colleague Senator MORAN Whereas the last time Mr. Gross was in the ed in the RECORD. and I, along with a bipartisan group of United States was on November 24, 2009;

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Whereas Mr. Gross was arrested on Decem- S. RES. 573 dren in the foster care system in the United ber 3, 2009, in Havana, Cuba; Whereas cancer among adolescents is rare, States, approximately 104,000 of whom are Whereas Mr. Gross was detained without but is still the leading cause of death from waiting for families to adopt them; charge for 14 months; disease for teenagers between the ages of 15 Whereas 59 percent of the children in foster Whereas Mr. Gross was charged in Feb- and 19; care in the United States are age 10 or ruary 2011 with ‘‘actions against the inde- Whereas teenage cancer patients receive younger; pendence or the territorial integrity of the treatment at various types of medical estab- Whereas the average length of time a child state’’; lishments, including pediatric hospitals, pe- spends in foster care is approximately 2 Whereas Mr. Gross’s trial lasted only 2 diatric oncology centers, and adult cancer years; days, after which he was sentenced to 15 facilities; Whereas for many foster children, the wait years in prison; Whereas teenage cancer patients may feel for a loving family in which they are nur- Whereas Mr. Gross and his wife Judy have out of place in any of these settings if their tured, comforted, and protected seems end- 2 daughters, one of which was diagnosed with clinical and psychosocial needs are not met; less; breast cancer in 2010; Whereas 40 percent of cancer patients aged Whereas in 2011, nearly 26,000 youth ‘‘aged Whereas Mr. Gross’s 90-year old mother 14 and younger are enrolled in clinical trials, out’’ of foster care by reaching adulthood was diagnosed with inoperable cancer in Feb- compared with only 9 percent of cancer pa- without being placed in a permanent home; ruary 2011; tients between the ages of 15 and 24; Whereas every day, loving and nurturing Whereas, in 2011, Mr. Gross’s wife Judy un- Whereas teenagers with cancer have families are strengthened and expanded when derwent surgery, causing her to miss consid- unique concerns about their education, so- committed and dedicated individuals make erable time from work and putting further cial lives, body image, and infertility, among an important difference in the life of a child financial strain on their family; other concerns, and their needs may be mis- through adoption; Whereas Mr. Gross is 63 years old and has understood or unacknowledged; Whereas a 2007 survey conducted by the lost more than 105 pounds since being de- Whereas many adolescent cancer survivors Dave Thomas Foundation for Adoption dem- tained in Cuba; have difficulty readjusting to school and so- onstrated that though ‘‘Americans over- Whereas Mr. Gross has developed degenera- cial settings, experience anxiety, and in whelmingly support the concept of adoption, tive arthritis in his leg and a mass behind some cases face increased learning difficul- and in particular foster care adoption . . . his shoulder; ties; and foster care adoptions have not increased sig- Whereas the Government of Cuba has de- Whereas it is important to understand the nificantly over the past five years’’; nied requests by Mr. Gross for an inde- biological and clinical needs of teenagers Whereas while 4 in 10 Americans have con- pendent medical examination; with cancer, seek the prevention of cancer in sidered adoption, a majority of Americans Whereas Mr. Gross’s legal representative teenagers, and increase awareness in the have misperceptions about the process of filed an appeal to the Working Group on Ar- general public of the unique challenges fac- adopting children from foster care and the bitrary Detention of the United Nations in ing teenagers with cancer: Now, therefore, be children who are eligible for adoption; August 2012; and it Whereas 71 percent of those who have con- Whereas, since Mr. Gross was detained by Resolved, That the Senate designates the sidered adoption consider adopting children the Government of Cuba on December 3, 2009, third week of January 2013 as ‘‘Teen Cancer from foster care above other forms of adop- his health has severely deteriorated and his Awareness Week’’ to promote awareness of tion; family members have suffered health and fi- teenage cancer and the unique medical and Whereas 45 percent of Americans believe nancial problems: Now, therefore, be it social needs of teenagers with cancer. that children enter the foster care system Resolved, That the Senate— because of juvenile delinquency, when in re- f (1) calls for the immediate and uncondi- ality the vast majority of children who have tional release of United States citizen Alan NATIONAL ADOPTION DAY AND entered the foster care system were victims Phillip Gross; and NATIONAL ADOPTION MONTH of neglect, abandonment, or abuse; (2) urges the Government of Cuba in the Whereas 46 percent of Americans believe meantime to provide all appropriate diag- Mr. CARDIN. Mr. President, I ask that foster care adoption is expensive, when nostic and medical treatment to address the unanimous consent that the HELP in reality there is no substantial cost for full range of medical issues facing Mr. Gross Committee be discharged from further adopting from foster care and financial sup- and to allow him to choose a doctor to pro- consideration of S. Res. 595 and the port is available to adoptive parents after vide him with an independent medical as- Senate proceed to its immediate con- the adoption is finalized; sessment. sideration. Whereas family reunification, kinship f The PRESIDING OFFICER. Without care, and domestic and inter-county adop- objection, it is so ordered. tion promote permanency and stability to a TEEN CANCER AWARENESS WEEK The clerk will report the resolution far greater degree than long-term institu- Mr. CARDIN. Mr. President, I ask tionalization and long-term, often disrupted by title. foster care; unanimous consent that the Judiciary The legislative clerk read as follows: Whereas both National Adoption Day and Committee be discharged from further A resolution (S. Res. 595) expressing sup- National Adoption Month occur in the consideration of S. Res. 573 and the port for the goals of National Adoption Day month of November; Senate proceed to its immediate con- and National Adoption Month by promoting Whereas National Adoption Day is a collec- sideration. national awareness of adoption and the chil- tive national effort to find permanent, loving The PRESIDING OFFICER. Without dren awaiting families, celebrating children families for children in the foster care sys- and families involved in adoption, and en- tem; objection, it is so ordered. couraging the people of the United States to The clerk will report the resolution Whereas since the first National Adoption secure safety, permanency, and well-being Day in 2000, nearly 40,000 children have by title. for all children. joined forever families during National The legislative clerk read as follows: There being no objection, the Senate Adoption Day; A resolution (S. Res. 573) designating the proceeded to consider the resolution. Whereas in 2011, a total of 365 events were third week of January 2013 as ‘‘Teen Cancer Mr. CARDIN. I ask unanimous con- held in 47 States and the District of Colum- Awareness Week.’’ sent that the resolution be agreed to, bia, finalizing the adoptions of 4,187 children from foster care and celebrating an addi- There being no objection, the Senate the preamble be agreed to, the motions proceeded to consider the resolution. tional 1,030 adoptions finalized during No- to reconsider be considered made and vember or earlier in the year; and Mr. CARDIN. Mr. President, I ask laid upon the table, with no inter- Whereas the President traditionally issues unanimous consent the resolution be vening action or debate, and that any an annual proclamation to declare the agreed to, the preamble be agreed to, statements be printed in the RECORD as month of November as National Adoption the motions to reconsider be laid upon if read. Month, and National Adoption Day is on No- the table, with no intervening action The PRESIDING OFFICER. Without vember 17, 2012: Now, therefore, be it or debate, and any statements be print- objection, it is so ordered. Resolved, That the Senate— ed in the RECORD. The resolution (S. Res. 595) was (1) supports the goals and ideals of Na- The PRESIDING OFFICER. Without agreed to. tional Adoption Day and National Adoption objection, it is so ordered. The preamble was agreed to. Month; The resolution (S. Res. 573) was The resolution, with its preamble, (2) recognizes that every child should have a permanent and loving family; and agreed to. reads as follows: (3) encourages the people of the United The preamble was agreed to. S. RES. 595 States to consider adoption during the The resolution, with its preamble, Whereas there are millions of unparented month of November and all throughout the reads as follows: children in the world, including 400,540 chil- year.

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00234 Fmt 4624 Sfmt 0634 E:\CR\FM\A05DE6.018 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7639 COMMEMORATING THE 60TH ANNI- uates who enter the Nation’s STEM work- ask unanimous consent that the Sen- VERSARY OF THE GRADUATE force prepared to innovate and collaborate in ate stand adjourned under the previous RESEARCH FELLOWSHIP PRO- the global scientific arena; order. GRAM Whereas NSF has funded more than 46,500 There being no objection, the Senate, competitive graduate research fellows with Mr. CARDIN. Mr. President, I ask selection criteria based on the intellectual at 7:11 p.m., adjourned until Thursday, unanimous consent that the Senate merit of their research and its potential December 6, 2012, at 9:30 a.m. proceed to the immediate consider- broader impacts for society; f ation of S. Res. 610 submitted earlier Whereas of the more than 200 NSF-supported Nobel laureates, 40 were selected as NOMINATIONS today by Senators ROCKEFELLER and graduate research fellows, and more than 440 Executive nominations received by HUTCHISON. graduate research fellows have become mem- the Senate: The PRESIDING OFFICER. The bers of the National Academy of Sciences; COAST GUARD RESERVE clerk will report the resolution by Whereas graduate research fellows have an exceptionally high rate of doctorate comple- PURSUANT TO TITLE 10, U.S. CODE, SECTION 12203, THE title. FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO The legislative clerk read as follows: tion; THE GRADE INDICATED IN THE UNITED STATES COAST A resolution (S. Res. 610) commemorating Whereas since 2001, graduate research fel- GUARD RESERVE: the 60th anniversary of the Graduate Re- lows have filed more than 1,000 patents while To be captain working toward their graduate degrees, thus search Fellowship Program of the National ROBERT T. HANLEY Science Foundation. contributing directly to scientific advance- GARY W. JONES ment and discovery; DIRK A. STRINGER There being no objection, the Senate Whereas since 2007, 1145 graduate research IN THE COAST GUARD proceeded to consider the resolution. fellows were selected from Experimental PURSUANT TO TITLE 14, U.S.C., SECTION 271(E), THE Mr. CARDIN. I ask unanimous con- Program to Stimulate Competitive Research FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO sent that the resolution be agreed to, jurisdictions; and THE GRADE INDICATED IN THE UNITED STATES COAST GUARD: the preamble be agreed to, the motions Whereas NSF’s GRFP continues to be an To be lieutenant commander to reconsider be considered made and essential component of the Nation’s dis- laid upon the table, with no inter- covery and innovation ecosystem, and is in- AUSTIN L. ADCOCK strumental in STEM workforce development: LAWRENCE F. AHLIN vening action or debate, and any state- ANTONE S. ALONGI Now, therefore, be it MONICA F. ANDERSEN ments be printed in the RECORD as if Resolved, That the Senate— MIKAEL D. ANDERSON read. (1) commemorates the 60th anniversary of JENNIFER J. ANDREW AUDIE J. ANDRY The PRESIDING OFFICER. Without the Graduate Research Fellowship Program EDWARD S. APONTE objection, it is so ordered. of the National Science Foundation; and MATTHEW S. AUSTIN (2) continues to recognize U.S. STEM grad- BERNARD C. AUTH The resolution (S. Res. 610) was SAMUEL H. BABBITT agreed to. uate education as central to U.S. workforce BRIAN D. BACHTEL The preamble was agreed to. competitiveness and our country’s inter- ENGRID A. BACKSTROM national leadership and economic prosperity. MICHAEL W. BAIRD The resolution, with its preamble, JOHN E. BANNON f ROGER B. BARR reads as follows: STEPHEN T. BAXTER S. RES. 610 ORDERS FOR THURSDAY, TODD M. BEHNEY JAMES R. BENDLE Whereas the United States is a world lead- DECEMBER 6, 2012 PATRICIA M. BENNETT er in science, technology, engineering, and Mr. CARDIN. Mr. President, I ask TORREY H. BERTHEAU mathematics (STEM) fundamental research ROBERT A. BIXLER unanimous consent that when the Sen- KELLY C. BLACKBURN and related education; ate completes its business today, it ad- JULIE E. BLANCHFIELD Whereas an excellent STEM higher-edu- RONALD D. BLEDSOE journ until 9:30 a.m. on Thursday, De- BRIAN T. BOLAND cation system is critical to the development JEFFREY M. BOLLING of a robust and inclusive U.S. STEM work- cember 6, 2012; that following the pray- ERIN M. BOYLE force and to U.S. global science and engi- er and pledge, the Journal of pro- TOMMY J. BRACKINS COREY A. BRADDOCK neering preeminence; ceedings be approved to date, the ADAM C. BRENNELL Whereas Congress and President Harry S. morning hour be deemed expired, and MICHAEL D. BRIMBLECOM Truman created the National Science Foun- the time for the two leaders be re- COLLIN R. BRONSON dation (NSF), an independent Federal agen- MARY D. BROOKS served for their use later in the day; MEAGHAN H. BROSNAN cy, 62 years ago specifically to advance sci- that following the leader remarks, the CODY L. BROWN entific discovery and innovation through the KATHERINE L. BROWN Senate be in a period of morning busi- STACI K. BROWN Nation’s basic research and STEM education BRADLEY A. BRUNAUGH infrastructure; ness until 11:45 a.m., with Senators per- CHRISTOPHER D. BRUNCLIK Whereas fundamental research supported mitted to speak therein for up to 10 MARTIN J. BRYANT ELIZABETH A. BUENDIA by NSF across all scientific disciplines have minutes each, with the previous order KENNETH J. BURGESS resulted in many significant contributions to regarding retirement speeches remain- NICOLE S. BURGESS Americans’ health and security, as well as to ing in effect; and that following morn- ADAM N. BURKLEY technological innovation and U.S. economic ERIC S. BURLEY ing business, the Senate proceed to ex- KARA L. BURNS prosperity; ecutive session under the previous WILLIAM R. CAHILL Whereas advances in knowledge are made MICHAEL J. CALDERONE order. JAMES J. CAMP possible by researchers who focus on the fun- JAMES M. CARABIN damental properties of nature, and who men- The PRESIDING OFFICER. Without LUIS O. CARMONA tor and educate the next generation of sci- objection, it is so ordered. JOEL B. CARSE CHRISTOPHER L. CARTER entists and engineers; f AARON J. CASAVANT Whereas 60 years ago, NSF purposefully CHRISTY S. CASEY created the Graduate Research Fellowship PROGRAM DAVID K. CHAPMAN JEFFREY J. CHONKO Program (GRFP) as an instrument to pre- Mr. CARDIN. Mr. President, the time GREGORY A. CLAYTON pare the Nation’s reservoir of science and en- from 10 a.m. until 11 a.m. tomorrow BRYAN J. COFFMAN gineering talent; BRADLEY D. CONWAY will be for speeches by our retiring ADAM J. COOLEY Whereas the GRFP, the country’s oldest JAMES R. COOLEY graduate fellowship program, supports out- Senators. At approximately 12:10 p.m., GEORGE H. COTTRELL standing graduate students pursuing masters there will be two rollcall votes, the JEREMY A. COURTADE MICHAEL T. COURTNEY and doctoral degrees in research at accred- first on the passage of H.R. 6156, the ALLISON B. COX ited U.S. institutions; Russia trade bill and the Magnitsky JONATHAN W. COX Whereas the GRFP has contributed to the BROOKS C. CRAWFORD bill, and the second on confirmation of BYRON A. CREECH development of outstanding U.S. scholars, the Walker nomination. DANIEL A. CRUZ entrepreneurs, teachers, mentors, and inven- DAVID B. CRUZ tors who continue to support and promote f WALTER L. DANIEL MICHAEL R. DARRAH the Nation’s science and engineering enter- ADJOURNMENT UNTIL 9:30 A.M. ARTHUR M. DEHNZ prise and the next generation of scientists TOMORROW PHILLIP A. DELISLE and engineers; JEREMY R. DENNING Mr. CARDIN. If there is no further JARROD M. DEWITZ Whereas this flagship program helps main- JENNIFER R. DOHERTY tain high-quality and highly skilled grad- business to come before the Senate, I DOUGLAS M. DOLL

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SCOT R. DRUCKREY RANDY L. PRESTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LAUREN F. DUFRENE CHRISTOPHER C. PUTNAM IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CHRISTOPHER P. DUFRESNE MILES R. RANDALL CATED UNDER TITLE 10, U.S.C., SECTION 12203: FRANCISCO A. ESTEVEZ KEVIN J. RAPP PATRICIA L. FERRELL KENT R. REINHOLD To be brigadier general STANLEY P. FIELDS EMILY P. REUTER COLONEL STEPHANIE A. GASS JASON M. FINISON JONATHAN P. RICE COLONEL MARY H. HITTMEIER BRANDON C. FISHER CHRISTIAN P. RIGNEY COLONEL TIMOTHY P. KELLY MATTHEW L. FITZGIBBONS STANLEY L. ROBINSON COLONEL THOMAS E. KITTLER JASON S. FRANZ CHAD J. ROBUCK COLONEL KENNETH R. LAPIERRE MICHAEL FRIEND KENNETH H. ROCKHOLD COLONEL MARK L. LOEBEN TRACY D. FUNCK THOMAS C. RODZEWICZ COLONEL JAMES F. MACKEY MATTHEW A. GANS KJELL C. ROMMERDAHL COLONEL WALTER J. SAMS LISA L. GARCEZ ELIZABETH M. ROSCOE COLONEL CHRISTOPER F. SKOMARS KEVIN E. GARCIA JEFFREY H. RUBINI COLONEL WADE R. SMITH JESSE J. GARRANT ERIC S. RUNYON COLONEL MARK D. STILLWAGON GREG S. GEDEMER CATHARINE L. RYAN COLONEL CURTIS L. WILLIAMS LACRESHA A. GETTER MICHAEL K. SAFFOLD JAMES A. GIBSON JR JAIME SALINAS IN THE ARMY MICHAEL R. GILLHAM RICHARD C. SANSONE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIN K. GILSON ANDREW G. SCHANNO IN THE UNITED STATES ARMY TO THE GRADE INDICATED GERROD C. GLAUNER MATTHEW A. SCHIBLER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JEROD A. GLOVER BRIAN C. SCHMIDT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IAN A. HALL WILLIAM A. SCHRADE ANDREW P. HALVORSON DAVID P. SHEPPARD KENT D. HAMMACK To be lieutenant general BRENDAN C. SHIELDS ANDERS J. HAMMERSBORG LUKE M. SLIVINSKI MAJ. GEN. BERNARD S. CHAMPOUX JAMES J. HANNAM FRANCES M. SMITH GREGORY A. HAYES IN THE MARINE CORPS PABLO V. SMITH JUAN M. HERNANDEZ PAUL D. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REYNA E. HERNANDEZ SCOTT R. SMITH GERALD J. HEWES TO THE GRADE OF LIEUTENANT GENERAL IN THE WILLIAM M. SNYDER ANTHONY S. HILLENBRAND UNITED STATES MARINE CORPS WHILE ASSIGNED TO A BENJAMIN J. SPECTOR JAMES E. HILTZ POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER DONALD S. STIKER MARCUS T. HIRSCHBERG TITLE 10, U.S.C., SECTION 601: MATTHEW M. HOBBIE CHRISTOPHER S. STOECKLER To be lieutenant general MARY D. HOFFMAN STEVEN D. STOWERS CRIST M. HOLVECK KEVIN J. SULLIVAN LT. GEN. STEVEN A. HUMMER DANIEL J. HUELSMAN ROBERT J. TENETYLO DONALD E. HUNLEY PHILIP D. THISSE IN THE AIR FORCE JOSEPH G. THOMAS MICHAEL J. HUNT THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- DANIEL G. HURD KEITH O. THOMAS STEPHEN G. THOMPSON MENT TO THE GRADES INDICATED IN THE REGULAR AIR IAN T. HURST FORCE UNDER TITLE 10, U.S.C., SECTION 531: MARCUS A. IVERY JAROD S. TOCZKO RAYMOND D. JACKSON MIGUEL E. TORREZ To be lieutenant colonel JAMES A. JENKS DOUGLAS M. TRENT JOHAN K. AHN BRIANA N. JEWCZYN ROBERTO N. TREVINO JOHN D. MCELROY NATHANIEL K. JOHNSON KRISTOFER A. TSAIRIS THOMAS D. JONES CHRISTOPHER B. TUCKEY To be major MARK C. JORGENSEN MATTHEW S. TUOHY KEVIN L. KAMMETER JORGE L. VALENTE JEFFREY S. WILLIAMS BENJAMIN J. VELAZQUEZ KEVIN T. KAROW IN THE ARMY ANTHONY J. KENNE DAVID B. VICKS BRETT R. WALTER MARGARET D. KENNEDY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATTHEW J. WALTER JAMES R. KENSHALO TO THE GRADE INDICATED IN THE UNITED STATES ARMY BENJAMIN M. WALTON COREY M. KERNS MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., MOLLY K. WATERS GREGORY J. KNOLL SECTIONS 624 AND 3064: MATTHEW R. KOLODICA RYAN A. WATERS MICHAEL A. KOPS DOUGLAS D. WATSON To be major JUSTIN L. WESTMILLER SCOTT C. KRAMER MICHAEL D. SHORTT RICHARD E. KUZAK SHANNON M. WHITAKER RYAN B. LAMB NEIL A. WHITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KARA M. LAVIN ROBERT S. WHITESIDE TO THE GRADE INDICATED IN THE UNITED STATES ARMY AMANDA M. LEE CARL A. WILSON MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ALMERICK C. LIM CHARLES K. WILSON AND 3064: BRANDON M. LINK ERIC J. WILSON To be major CHRISTOPHER D. LUCERO CHRISTOPHER WOLFER BETH A. MAGER DANA L. WOODALL DELNORA L. ERICKSON KRISSY A. MARLIN NICHOLAS S. WORST DAMIAN YEMMA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RODNEY G. MARTINEZ TO THE GRADE INDICATED IN THE UNITED STATES ARMY MATTHEW K. MATSUOKA ISRAEL J. YOUNG RUSSELL R. ZUCKERMAN MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- GREGG J. MAYE TIONS 624 AND 3064: KEVIN J. MCDONALD IN THE AIR FORCE CLAY D. MCKINNEY To be lieutenant colonel JOHN M. MCWILLIAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RONALD D. LAIN CHRISTOPHER D. MEIK IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- NATHAN S. MENEFEE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GEORGE F. MENZE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TO THE GRADE INDICATED IN THE RESERVE OF THE BRADLEY W. MIDDLETON 601: ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DAVID A. MIDDLETON BROOKE A. MILLARD To be lieutenant general To be colonel JESSE M. MILLARD MATTHEW J. BURINSKAS JONATHAN D. MILLER MAJ. GEN. GREGORY A. BISCONE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KENNETH R. MILLSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE BORIS MONTATSKY IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: COMMANDER K. MOORE CATED UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL C. MOREFIELD To be colonel KATHRYN A. MORETTI To be brigadier general RONALD G. COOK ROBERT S. MORRIS COL. LISA A. NAFTZGER–KANG KELLY J. MOYERS THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERNESTO MUNIZTIRADO POINTMENT IN THE GRADE INDICATED IN THE UNITED IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- GARY C. MURPHY STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., CATED UNDER TITLE 10, U.S.C., SECTION 12203: SCOTT C. MURPHY SECTIONS 531 AND 3064: STEVEN M. MYERS RONALD T. NAKAMOTO To be major general To be lieutenant colonel SAMUEL R. NASSAR BRIGADIER GENERAL WILLIAM B. BINGER DAVID A. CORTESE BRANDON J. NATTEAL BRIGADIER GENERAL KEITH D. KRIES JOSHUA B. NELSON BRIGADIER GENERAL MARYANNE MILLER THE FOLLOWING NAMED OFFICER FOR REGULAR AP- IAN S. NEVILLE–NEIL BRIGADIER GENERAL JANE C. ROHR POINTMENT IN THE GRADE INDICATED IN THE UNITED MICHAEL D. NEWELL BRIGADIER GENERAL PATRICIA A. ROSE STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE MICHAEL C. NORRIS BRIGADIER GENERAL JOCELYN M. SENG 10, U.S.C., SECTIONS 531 AND 3064: CHARLES S. NOVAK BRIGADIER GENERAL SHEILA ZUEHLKE To be major STEPHEN P. NUTTING THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED JEREMY R. OBENCHAIN CHARLES J. ROMERO STATES OFFICERS FOR APPOINTMENT IN THE RESERVE JANNA M. OTT OF THE AIR FORCE TO THE GRADE INDICATED UNDER THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- DANIEL G. OWEN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: POINTMENT IN THE GRADE INDICATED IN THE UNITED TINA D. OWEN STATES ARMY UNDER TITLE 10, U.S.C., SECTION 531: NICHOLAS W. PARKER To be major general THOMAS T. PEQUIGNOT To be major LUKE R. PETERSEN BRIGADIER GENERAL PAUL L. AYERS MICHAEL C. PETTA BRIGADIER GENERAL JIM C. CHOW MICHAEL D. DO MARK A. PIBER BRIGADIER GENERAL GREGORY L. FERGUSON GREGORY S. SEESE SEAN P. PLANKEY BRIGADIER GENERAL ANTHONY P. GERMAN IN THE NAVY JASON T. PLUMLEY BRIGADIER GENERAL RICKIE B. MATTSON BEAU G. POWERS BRIGADIER GENERAL JOHN E. MCCOY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CLAYTON S. PREBLE BRIGADIER GENERAL JOHN E. MURPHY TO THE GRADE INDICATED IN THE UNITED STATES NAVY KRISTEN M. PREBLE BRIGADIER GENERAL BRIAN G. NEAL UNDER TITLE 10, U.S.C., SECTION 624:

VerDate Mar 15 2010 03:41 Dec 06, 2012 Jkt 029060 PO 00000 Frm 00236 Fmt 4624 Sfmt 9801 E:\CR\FM\A05DE6.020 S05DEPT1 smartinez on DSK6TPTVN1PROD with December 5, 2012 CONGRESSIONAL RECORD — SENATE S7641 To be commander THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- CONFIRMATION MENT TO THE GRADE INDICATED IN THE REGULAR NAVY JOHN T. VOLPE UNDER TITLE 10, U.S.C., SECTION 531: Executive nomination confirmed by THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander the Senate Wednesday, December 5, UNDER TITLE 10, U.S.C., SECTION 624: 2012: JOSEPH N. KENAN To be lieutenant commander THE JUDICIARY MICHAEL P. SHEA, OF CONNECTICUT, TO BE UNITED TAMARA M. SORENSEN STATES DISTRICT JUDGE FOR THE DISTRICT OF CON- NECTICUT.

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