“TEXT OF AMENDMENTS” published by Congressional Record on Nov. 27, 2012

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Volume 158, No. 149 covering the 2nd Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S6951-S6978 on Nov. 27, 2012.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2946. Mr. PRYOR (for himself and Mr. Johanns) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1084. STATE CONSIDERATION OF MILITARY TRAINING IN

GRANTING CERTAIN STATE CERTIFICATIONS AND

LICENSES AS A CONDITION ON THE RECEIPT OF FUNDS

FOR VETERANS EMPLOYMENT AND TRAINING.

(a) In General.--Section 4102A(c) of title 38, United States Code, is amended by adding at the end the following:

``(9)(A) As a condition of a grant or contract under which funds are made available to a State in order to carry out section 4103A or 4104 of this title for any program year, the Secretary shall require the State--

``(i) to demonstrate that when the State approves or denies a certification or license described in subparagraph (B) for a veteran the State takes into consideration any training received or experience gained by the veteran while serving on active duty in the Armed Forces; and

``(ii) to disclose to the Secretary in writing the following:

``(I) Criteria applicants must satisfy to receive a certification or license described in subparagraph (B) by the State.

``(II) A description of the standard practices of the State for evaluating training received by veterans while serving on active duty in the Armed Forces and evaluating the documented work experience of such veterans during such service for purposes of approving or denying a certification or license described in subparagraph (B).

``(III) Identification of areas in which training and experience described in subclause (II) fails to meet criteria described in subclause (I).''

``(B) A certification or license described in this subparagraph is any of the following:

``(i) A license to be a State tested nursing assistant or a certified nursing assistant.

``(ii) A commercial driver's license.

``(iii) An emergency medical technician license EMT-B or EMT-I.

``(iv) An emergency medical technician-paramedic license.

``(C) The Secretary shall share the information the Secretary receives under subparagraph (A)(ii) with the Secretary of Defense to help the Secretary of Defense improve training for military occupational specialties so that individuals who receive such training are able to receive a certification or license described in subparagraph (B) from a State.''.

(b) Effective Date.--The amendment made by subsection (a) shall apply with respect to a program year beginning on or after the date of the enactment of this Act.

______

SA 2947. Mr. PRYOR (for himself, Mr. Wyden, Mr. Boozman, and Ms. Snowe) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1084. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN

MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED

FORCES AS VETERANS.

(a) In General.--Chapter 1 of title 38, United States Code, is amended by inserting after section 107 the following new section:

``Sec. 107A. Honoring as veterans certain persons who performed service in the reserve components

``Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section.''.

(b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 107 the following new item:

``107A. Honoring as veterans certain persons who performed service in the reserve components.''.

______

SA 2948. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 602. EXTENSION OF AUTHORITY TO PROVIDE TEMPORARY

INCREASE IN RATES OF BASIC ALLOWANCE FOR

HOUSING UNDER CERTAIN CIRCUMSTANCES.

Section 403(b)(7)(E) of title 37, United States Code, is amended by striking ``December 31, 2012'' and inserting

``December 31, 2013''.

______

SA 2949. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 526. EXTENSION OF TEMPORARY INCREASE IN ACCUMULATED

LEAVE CARRYOVER FOR MEMBERS OF THE ARMED

FORCES.

Section 701(d) of title 10, United States Code, is amended by striking ``September 30, 2013'' and inserting ``September 30, 2015''.

______

SA 2950. Mr. BEGICH (for himself and Ms. Ayotte) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 2844. GOLD STAR MOTHERS NATIONAL MONUMENT, ARLINGTON

NATIONAL CEMETERY.

(a) Establishment.--Notwithstanding section 2409(b) of title 38, United States Code, the Secretary of the Army shall permit the Gold Star Mothers National Monument Foundation (a nonprofit corporation established under the laws of the District of Columbia) to establish an appropriate monument in Arlington National Cemetery or on Federal land in its environs under the jurisdiction of the Department of the Army to commemorate the sacrifices made by mothers, and made by their sons and daughters who as members of the Armed Forces make the ultimate sacrifice, in defense of the United States. The monument shall be known as the ``Gold Star Mothers National Monument''.

(b) Payment of Expenses.--The Gold Star Mothers National Monument Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the monument, and no Federal funds may be used to pay such expenses.

______

SA 2951. Mr. BEGICH (for himself, Mr. Manchin, Mr. Wyden, Mrs. Hutchison, and Mr. Merkley) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1048. PROHIBITION ON DIVESTMENT, RETIREMENT, OR TRANSFER

OF ARMY C-23 AIRCRAFT DURING FISCAL YEAR 2013.

(a) Prohibition.--

(1) In general.--None of the amounts authorized to be appropriated by this Act or otherwise made available for fiscal year 2013 for the Army may be obligated or expended to divest, retire, transfer, or prepare to divest, retire, or transfer, any of the 38 C-23 aircraft assigned to the Army as of October 1, 2012.

(2) Sustainment in operationally viable state.--The Army shall sustain the C-23 aircraft described in paragraph (1) in an operationally viable state during fiscal year 2013.

(b) Funds Available for Sustainment and Operation of Aircraft.--Of the amounts authorized to be appropriated for fiscal year 2013 by section 301 and available for operation and maintenance for the Army as specified in the funding table in section 4301, $9,200,000 may be available for the sustainment and operation of the C-23 aircraft specified in subsection (a) during fiscal year 2013.

______

SA 2952. Mr. BEGICH (for himself, Mr. Casey, and Mrs. Gillibrand) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 542, beginning on line 12, strike ``section 2687'' and all that follows through page 543, line 2, and insert the following: ``section 2687 and section 993 of title 10, United States Code, and closures of military installations that are not covered by such requirements.

(b) One-year Moratorium on Certain Actions Resulting in Personnel Reductions.--

(1) In general.--Except as provided in paragraph (2), no action may be taken before October 1, 2013, that would result in a military installation covered under paragraph (1) of section 2687(a) or section 993 of title 10, United States Code, to no longer be covered by such paragraph (1) or such section 993.

(2) National security waiver.--The Secretary of Defense may waive the prohibition under paragraph (1) if the Secretary certifies to the congressional defense committees that is in the national security interests of the United States.

(c) Modification of Notice Requirements in Advance of Permanent Reduction of Sizable Numbers of Members of the Armed Forces at Military Installations.--

(1) Calculation of number of affected members.--Subsection

(a) of section 993 of title 10, United States Code, is amended by adding at the end the following new sentence: ``In calculating the number of members to be reduced, the Secretary shall take into consideration both direct reductions and indirect reductions.''.

(2) Notice requirements.--Subsection (b) of such section is amended by striking paragraphs (1) through (3) and inserting the following new paragraphs:

``(1) the Secretary of Defense or the Secretary of the military department concerned--

``(A) submits to Congress a notice of the proposed reduction and the number of military and civilian personnel assignments affected, including reductions in base operations support services and personnel to occur because of the proposed reduction; and

``(B) includes in the notice a justification for the reduction and an evaluation of the costs and benefits of the reduction and of the local economic, environmental, strategic, and operational consequences of the reduction; and

``(2) a period of 90 days expires following the day on which the notice is submitted to Congress.''.

(3) Time and form of submission of notice.--Such section is further amended--

(A) by redesignating subsection (c) as subsection (d); and

(B) by inserting after subsection (b) the following new subsection:

``(c) Time and Form of Submission of Notice.--The notice required by subsections (a) and (b) may be submitted to Congress only as part of the budget justification materials submitted by the Secretary of Defense to Congress in support of the budget for a fiscal year submitted under section 1105 of title 31.''.

(4) Definitions.--Such section is further amended by adding at the end the following new subsection:

``(e) Definitions.--In this section:

``(1) The term `direct reduction' means a reduction involving one or more members of a unit.

``(2) The term `indirect reduction' means subsequent planned reductions or relocations in base operations support services and personnel able to occur due to the direct reductions.

``(3) The term `military installation' means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including any leased facility, which is located within any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or Guam. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.

``(4) The term `unit' means a unit of the armed forces at the battalion, squadron, or an equivalent level (or a higher level).''.

______

SA 2953. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1084. TREATMENT OF DEPARTMENT OF DEFENSE UTILITIES

PRIVATIZATION PROJECTS.

(a) In General.--In the case of a contract awarded under section 2688 of title 10, United States Code, all conveyances, connections, or capital improvements made pursuant to such contract shall be considered as contributions to the capital of the taxpayer for purposes of section 118 of the Internal Revenue Code of 1986.

(b) Effective Date.--Subsection (a) shall apply to amounts received after the date of the enactment of this Act, in taxable years ending after such date.

______

SA 2954. Mr. BEGICH submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

On page 187, between lines 15 and 16, insert the following:

``(4) The unremarried spouses of members of the armed forces who were killed on active duty or otherwise died in the line of duty, and the unremarried spouses of former members of the armed forces who died of a combat-related illness or injury, who hold a valid Uniformed Services Identification and Privilege Card.

______

SA 2955. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PUBLIC SAFETY OFFICERS' BENEFITS PROGRAM.

(a) Short Title.--This section may be cited as the ``Dale Long Public Safety Officers' Benefits Improvements Act of 2012''.

(b) Benefits for Certain Nonprofit Emergency Medical Service Providers; Miscellaneous Amendments.--

(1) In general.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended--

(A) in section 901(a) (42 U.S.C. 3791(a))--

(i) in paragraph (26), by striking ``and'' at the end;

(ii) in paragraph (27), by striking the period at the end and inserting ``; and''; and

(iii) by adding at the end the following:

``(28) the term `hearing examiner' includes any medical or claims examiner.'';

(B) in section 1201 (42 U.S.C. 3796)--

(i) in subsection (a), by striking ``follows:'' and all that follows and inserting the following: ``follows (if the payee indicated is living on the date on which the determination is made)--

``(1) if there is no child who survived the public safety officer, to the surviving spouse of the public safety officer;

``(2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse;

``(3) if there is no surviving spouse of the public safety officer, to the surviving child (or children, in equal shares);

``(4) if there is no surviving spouse of the public safety officer and no surviving child--

``(A) to the surviving individual (or individuals, in shares per the designation, or, otherwise, in equal shares) designated by the public safety officer to receive benefits under this subsection in the most recently executed designation of beneficiary of the public safety officer on file at the time of death with the public safety agency, organization, or unit; or

``(B) if there is no individual qualifying under subparagraph (A), to the surviving individual (or individuals, in equal shares) designated by the public safety officer to receive benefits under the most recently executed life insurance policy of the public safety officer on file at the time of death with the public safety agency, organization, or unit;

``(5) if there is no individual qualifying under paragraph

(1), (2), (3), or (4), to the surviving parent (or parents, in equal shares) of the public safety officer; or

``(6) if there is no individual qualifying under paragraph

(1), (2), (3), (4), or (5), to the surviving individual (or individuals, in equal shares) who would qualify under the definition of the term `child' under section 1204 but for age.'';

(ii) in subsection (b)--

(I) by striking ``direct result of a catastrophic'' and inserting ``direct and proximate result of a personal'';

(II) by striking ``pay,'' and all that follows through

``the same'' and inserting ``pay the same'';

(III) by striking ``in any year'' and inserting ``to the public safety officer (if living on the date on which the determination is made)'';

(IV) by striking ``in such year, adjusted'' and inserting

``with respect to the date on which the catastrophic injury occurred, as adjusted'';

(aa) by striking ``, to such officer'';

(V) by striking ``the total'' and all that follows through

``For'' and inserting ``for''; and

(VI) by striking ``That these'' and all that follows through the period, and inserting ``That the amount payable under this subsection shall be the amount payable as of the date of catastrophic injury of such public safety officer.'';

(iii) in subsection (f)--

(I) in paragraph (1), by striking ``, as amended (D.C. Code, sec. 4-622); or'' and inserting a semicolon;

(II) in paragraph (2)--

(aa) by striking ``. Such beneficiaries shall only receive benefits under such section 8191 that'' and inserting ``, such that beneficiaries shall receive only such benefits under such section 8191 as''; and

(bb) by striking the period at the end and inserting ``; or''; and

(III) by adding at the end the following:

``(3) payments under the September 11th Victim Compensation Fund of 2001 (49 U.S.C. 40101 note; Public Law 107-42).'';

(iv) by amending subsection (k) to read as follows:

``(k) As determined by the Bureau, a heart attack, stroke, or vascular rupture suffered by a public safety officer shall be presumed to constitute a personal injury within the meaning of subsection (a), sustained in the line of duty by the officer and directly and proximately resulting in death, if--

``(1) the public safety officer, while on duty--

``(A) engages in a situation involving nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or

``(B) participates in a training exercise involving nonroutine stressful or strenuous physical activity;

``(2) the heart attack, stroke, or vascular rupture commences--

``(A) while the officer is engaged or participating as described in paragraph (1);

``(B) while the officer remains on that duty after being engaged or participating as described in paragraph (1); or

``(C) not later than 24 hours after the officer is engaged or participating as described in paragraph (1); and

``(3) the heart attack, stroke, or vascular rupture directly and proximately results in the death of the public safety officer,

unless competent medical evidence establishes that the heart attack, stroke, or vascular rupture was unrelated to the engagement or participation or was directly and proximately caused by something other than the mere presence of cardiovascular-disease risk factors.''; and

(v) by adding at the end the following:

``(n) The public safety agency, organization, or unit responsible for maintaining on file an executed designation of beneficiary or executed life insurance policy for purposes of subsection (a)(4) shall maintain the confidentiality of the designation or policy in the same manner as the agency, organization, or unit maintains personnel or other similar records of the public safety officer.'';

(i) by striking ``death'', each place it appears except the second place it appears, and inserting ``fatal''; and

(ii) in paragraph (1), by striking ``or catastrophic injury'' the second place it appears and inserting ``, disability, or injury'';

(D) in section 1203 (42 U.S.C. 3796a-1)--

(i) in the section heading, by striking ``who have died in the line of duty'' and inserting ``who have sustained fatal or catastrophic injury in the line of duty''; and

(ii) by striking ``who have died in the line of duty'' and inserting ``who have sustained fatal or catastrophic injury in the line of duty'';

(E) in section 1204 (42 U.S.C. 3796b)--

(i) in paragraph (1), by striking ``consequences of an injury that'' and inserting ``an injury, the direct and proximate consequences of which'';

(ii) in paragraph (3)--

(I) in the matter preceding clause (i)--

(aa) by inserting ``or permanently and totally disabled'' after ``deceased''; and

(bb) by striking ``death'' and inserting ``fatal or catastrophic injury''; and

(II) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively;

(iii) in paragraph (5)--

(I) by striking ``post-mortem'' each place it appears and inserting ``post-injury'';

(II) by redesignating clauses (i) and (ii) as subparagraphs

(A) and (B), respectively; and

(III) in subparagraph (B), as so redesignated, by striking

``death'' and inserting ``fatal or catastrophic injury'';

(iv) in paragraph (7), by striking ``public employee member of a rescue squad or ambulance crew;'' and inserting

``employee or volunteer member of a rescue squad or ambulance crew (including a ground or air ambulance service) that--

``(A) is a public agency; or

``(B) is (or is a part of) a nonprofit entity serving the public that--

``(i) is officially authorized or licensed to engage in rescue activity or to provide emergency medical services; and

``(ii) engages in rescue activities or provides emergency medical services as part of an official emergency response system;''; and

(v) in paragraph (9)--

(I) in subparagraph (A), by striking ``as a chaplain, or as a member of a rescue squad or ambulance crew;'' and inserting

``or as a chaplain;'';

(II) in subparagraph (B)(ii), by striking ``or'' after the semicolon;

(III) in subparagraph (C)(ii), by striking the period and inserting ``; or''; and

(IV) by adding at the end the following:

``(D) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services.'';

(F) in section 1205 (42 U.S.C. 3796c), by adding at the end the following:

``(d) Unless expressly provided otherwise, any reference in this part to any provision of law not in this part shall be understood to constitute a general reference under the doctrine of incorporation by reference, and thus to include any subsequent amendments to the provision.'';

(G) in each of subsections (a) and (b) of section 1212 (42 U.S.C. 3796d-1), sections 1213 and 1214 (42 U.S.C. 3796d-2 and 3796d-3), and subsections (b) and (c) of section 1216 (42 U.S.C. 3796d-5), by striking ``dependent'' each place it appears and inserting ``person'';

(H) in section 1212 (42 U.S.C. 3796d-1)--

(i) in subsection (a)--

(I) in paragraph (1), in the matter preceding subparagraph

(A), by striking ``Subject'' and all that follows through ``, the'' and inserting ``The''; and

(II) in paragraph (3), by striking ``reduced by'' and all that follows through ``(B) the amount'' and inserting

``reduced by the amount'';

(ii) in subsection (c)--

(I) in the subsection heading, by striking ``Dependent''; and

(II) by striking ``dependent'';

(I) in paragraphs (2) and (3) of section 1213(b) (42 U.S.C. 3796d-2(b)), by striking ``dependent's'' each place it appears and inserting ``person's'';

(J) in section 1216 (42 U.S.C. 3796d-5)--

(i) in subsection (a), by striking ``each dependent'' each place it appears and inserting ``a spouse or child''; and

(ii) by striking ``dependents'' each place it appears and inserting ``a person''; and

(K) in section 1217(3)(A) (42 U.S.C. 3796d-6(3)(A)), by striking ``described in'' and all that follows and inserting

``an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002); and''.

(2) Amendment related to expedited payment for public safety officers involved in the prevention, investigation, rescue, or recovery efforts related to a terrorist attack.--Section 611(a) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c-1(a)) is amended by inserting ``or an entity described in section 1204(7)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(7)(B))'' after ``employed by such agency''.

(3) Technical and conforming amendment.--Section 402(l)(4)(C) of the Internal Revenue Code of 1986 is amended--

(A) by striking ``section 1204(9)(A)'' and inserting

``section 1204(10)(A)''; and

(B) by striking ``42 U.S.C. 3796b(9)(A)'' and inserting

``42 U.S.C. 3796b(10)(A)''.

(c) Authorization of Appropriations; Determinations; Appeals.--The matter under the heading ``public safety officers benefits'' under the heading ``Office of Justice Programs'' under title II of division B of the Consolidated Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1912; 42 U.S.C. 3796c-2) is amended--

(1) by striking ``decisions'' and inserting

``determinations'';

(2) by striking ``(including those, and any related matters, pending)''; and

(3) by striking the period at the end and inserting the following: ``: Provided further, That, on and after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012, as to each such statute--

``(1) the provisions of section 1001(a)(4) of such title I

(42 U.S.C. 3793(a)(4)) shall apply;

``(2) payment (other than payment made pursuant to section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c-1)) shall be made only upon a determination by the Bureau that the facts legally warrant the payment;

``(3) any reference to section 1202 of such title I shall be deemed to be a reference to paragraphs (2) and (3) of such section 1202; and

``(4) a certification submitted under any such statute

(other than a certification submitted pursuant to section 611 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (42 U.S.C. 3796c-1)) may be accepted by the Bureau as prima facie evidence of the facts asserted in the certification:

Provided further, That, on and after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012, no appeal shall bring any final determination of the Bureau before any court for review unless notice of appeal is filed (within the time specified herein and in the manner prescribed for appeal to United States courts of appeals from United States district courts) not later than 90 days after the date on which the Bureau serves notice of the final determination: Provided further, That any regulations promulgated by the Bureau under such part (or any such statute) before, on, or after the date of enactment of the Public Safety Officers' Benefits Improvements Act of 2012 shall apply to any matter pending on, or filed or accruing after, the effective date specified in the regulations.''.

(d) Effective Date.--

(1) In general.--Except as provided in paragraph (1), the amendments made by this section shall--

(A) take effect on the date of enactment of this Act; and

(B) apply to any matter pending, before the Bureau of Justice Assistance or otherwise, on the date of enactment of this Act, or filed or accruing after that date.

(2) Exceptions.--

(A) Rescue squads and ambulance crews.--For a member of a rescue squad or ambulance crew (as defined in section 1204(7) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this section), the amendments made by this Act shall apply to injuries sustained on or after June 1, 2009.

(B) Heart attacks, strokes, and vascular ruptures.--Section 1201(k) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this section, shall apply to heart attacks, strokes, and vascular ruptures sustained on or after December 15, 2003.

______

SA 2956. Mr. PORTMAN (for himself and Mr. Akaka) submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 561. REPORT ON DEPARTMENT OF DEFENSE EFFORTS TO

STANDARDIZE EDUCATIONAL TRANSCRIPTS ISSUED TO

SEPARATING MEMBERS OF THE ARMED FORCES.

(a) Report Required.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the efforts of the Department of Defense to standardize the educational transcripts issued to members of the Armed Forces on their separation from the Armed Forces.

(b) Elements.--The report required by subsection (a) shall include the following:

(1) A description of the similarities and differences between the educational transcripts issued to members separating from the various Armed Forces.

(2) A description of any assessments done by the Department, or in conjunction with educational institutions, to identify shortcomings in the transcripts issued to separating members in connection with their ability to qualify for civilian educational credits.

(3) A description of the implementation plan for the Joint Services Transcript, including a schedule and the elements of existing educational transcripts to be incorporated into the Transcript.

______

SA 2957. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 561. ADDITIONAL REQUIREMENTS FOR APPROVAL OF EDUCATIONAL

PROGRAMS FOR PURPOSES OF EDUCATIONAL ASSISTANCE

UNDER LAWS ADMINISTERED BY SECRETARY OF DEFENSE

AND SECRETARY OF VETERANS AFFAIRS.

(a) Automatic Approval by Secretary of Veterans Affairs of Degree Programs Approved by Secretary of Education.--Clause

(i) of section 3672(b)(2)(A) of title 38, United States Code, is amended to read as follows:

``(i) A course that is described by section 3675(a) of this title.''.

(b) Approval by Secretary of Veterans Affairs of Non-Degree Programs Approved by Secretary of Education.--

(1) In general.--Section 3675 of such title is amended--

(A) by redesignating subsections (b) and (c) as subsections

(B) by striking subsection (a); and

``(a) The Secretary or a State approving agency may only approve a course that leads to an associate or higher degree when such course is an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by an institution of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094).

``(b)(1) The Secretary or a State approving agency may approve a course that does not lead to an associate or higher degree when--

``(A) such course--

``(i) is an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) offered by an institution of higher education (as defined in section 102 of such Act (20 U.S.C. 1002)) that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094);

``(ii) in the case of a course designed to prepare individuals for licensure or certification, meets the instructional curriculum licensure or certification requirements of the State in which the institution is located; and

``(iii) in the case of a course designed to prepare an individual for employment by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency;

``(B) such course is accepted by the State department of education for credit for a teacher's certificate; or

``(C) such course is approved by the State as meeting the requirement of regulations prescribed by the Secretary of Health and Human Services under sections 1819(f)(2)(A)(i) and 1919(f)(2)(A)(i) of the Social Security Act (42 U.S.C. 1395i-3(f)(2)(A)(i) and 1396r(f)(2)(A)(i)).

``(2)(A) An educational institution shall submit an application for approval of courses to the appropriate State approving agency. In making application for approval, the institution (other than an elementary school or secondary school) shall transmit to the State approving agency copies of its catalog or bulletin which must be certified as true and correct in content and policy by an authorized representative of the institution.

``(B) Each catalog or bulletin transmitted by an institution under subparagraph (A) of this paragraph shall--

``(i) state with specificity the requirements of the institution with respect to graduation;

``(ii) include the information required under paragraphs

(6) and (7) of section 3676(b) of this title; and

``(iii) include any attendance standards of the institution, if the institution has and enforces such standards.''.

(2) Conforming amendments.--Such title is amended--

(A) in section 3452(g), by striking ``under the provisions of section 3675 of this title'';

(B) in section 3501(11), by striking ``under the provisions of section 3675 of this title'';

(b)(2)'' and inserting ``3675(c)(1) and (c)(2)''; and

(D) in the heading for section 3675, by striking

``accredited courses'' and inserting ``courses approved by Secretary of Education''.

(3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3675 and inserting the following new item:

``3675. Approval of courses approved by Secretary of Education.''.

(1) In general.--Subsection (a) of section 3676 of such title is amended to read as follows:

``(a) No course of education which has not been approved by the Secretary or a State approving agency under section 3675 of this title shall be approved for the purposes of this chapter unless--

``(1) the course--

``(A) does not lead to an associate or higher degree;

``(B) was not an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) at any time during the most recent two-year period; and

``(C) is a course that the Secretary or State approving agency determines, in accordance with this section and such regulations as the Secretary shall prescribe and on a case-by-case basis, that approval of which would further the purposes of this chapter or any of chapters 30 through 35 of this title; and

``(2) the educational institution offering such course submits to the appropriate State approving agency a written application for approval of such course in accordance with the provisions of this chapter.''.

(2) Additional requirements.--Subsection (c) of section 3676 of such title is amended--

(A) by redesignating paragraph (14) as paragraph (21); and

(B) by inserting after paragraph (13) the following new paragraphs:

``(14) Such courses providing less than 600 clock hours of instruction, or its equivalent, have verified completion and placement rates of at least 70 percent.

``(15) Courses that prepare individuals for licensure or certification have verified that the course's instructional curriculum appropriately includes the licensure or certification requirements in the State in which the institution deems such curriculum does.

``(16) Courses for which a State board or agency in the State in which the course is designed to prepare a student requires approval or licensure for employment in the recognized occupation in the State is approved or licensed by such State board or agency.

``(17) In the case of an educational institution that advertises job placement rates as a means of attracting students to enroll in a course of education offered by the educational institution, the application contains any other information necessary to substantiate the truthfulness of such advertisements.

``(18) The educational institution does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.

``(19) The educational institution does not make any misrepresentations (as defined in section 668.71 of title 34, Code of Federal Regulations (or any corresponding similar regulation or ruling)) regarding the nature of its educational program, the nature of its financial charges, or the employability of its graduates (as defined in sections 668.72 through 668.74 of such title, respectively (or any corresponding similar regulations or rulings)).

``(20) The educational institution has provided information necessary to substantiate that it complies with the requirements set forth under section 600.9 of title 34 Code of Federal Regulations (or any corresponding similar regulation or ruling).''.

(3) Requirement that additional requirements imposed by state approving agencies be approved by secretary of veterans affairs.--Paragraph (21) of such subsection, as redesignated by paragraph (2)(A), is amended by inserting ``and approved by the Secretary'' before the period at the end.

(4) Conforming amendments.--Section 3676 of such title is amended--

(A) in the heading for such section, by striking

``nonaccredited courses'' and inserting ``courses not approved by Secretary of Education''; and

(B) in subsection (c), in the matter before paragraph (1), by striking ``non-accredited''.

(5) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3675 and inserting the following new item:

``3676. Approval of courses not approved by Secretary of Education.''.

(d) Assistance Under Certain Department of Defense Educational Assistance Programs Available for Use Only at FDSL Participating Institutions.--

(1) In general.--Chapter 101 of title 10, United States Code, is amended by inserting after section 2006 the following new section:

``Sec. 2006a. Assistance for education and training: availability of certain assistance for use only at Federal

Direct Student Loan participating institutions

``(a) In General.--Effective as of August, 1, 2013, an individual eligible for assistance under a Department of Defense educational assistance program or authority covered by this section may, except as provided in subsection (b), only use such assistance for educational expenses incurred for an eligible program (as defined in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088)) that--

``(1) is offered by an institution of higher education that has entered into, and is complying with, a program participation agreement under section 487 of such Act (20 U.S.C. 1094);

``(2) in the case of a program designed to prepare individuals for licensure or certification, meets the instructional curriculum licensure or certification requirements of the State in which the institution is located; and

``(3) in the case of a program designed to prepare individuals for employment by a State board or agency in an occupation that requires approval or licensure for such employment, is approved or licensed by such State board or agency.

``(b) Waiver.--The Secretary of Defense may, by regulation, authorize the use of educational assistance under a Department of Defense educational assistance program or authority covered by this chapter for educational expenses incurred for a program of education that is not described in subsection (a) if the program--

``(1) is accredited and approved by a nationally recognized accrediting agency or association;

``(2) was not an eligible program described in subsection

(a) at any time during the most recent two-year period;

``(3) is a program that the Secretary determines would further the purposes of the educational assistance programs or authorities covered by this chapter, or would further the education interests of students eligible for assistance under the such programs or authorities;

``(4) in the case of a program consisting of less than 600 clock hours of instruction, or its equivalent, has verified completion and placement rates of at least 70 percent;

``(5) in the case of a program that prepares individuals for licensure or certification, has instructional curriculum that appropriately includes the licensure or certification requirements in the State in which the institution deems such curriculum does;

``(6) in the case of a program designed to prepare a student for employment in a recognized occupation requiring approval or licensure for employment by a State board or agency, the program is approved or licensed by such State board or agency; and

``(7) the institution providing the program does not provide any commission, bonus, or other incentive payment based directly or indirectly on success in securing enrollments or financial aid to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance, except for the recruitment of foreign students residing in foreign countries who are not eligible to receive Federal student assistance.

``(c) Definitions.--In this section:

``(1) The term `Department of Defense educational assistance programs and authorities covered by this section' means the programs and authorities as follows:

``(A) The programs to assist military spouses in achieving education and training to expand employment and portable career opportunities under section 1784a of this title.

``(B) The authority to pay tuition for off-duty training or education of members of the armed forces under section 2007 of this title.

``(C) The program of educational assistance for members of the Selected Reserve under chapter 1606 of this title.

``(D) The program of educational assistance for reserve component members supporting contingency operations and certain other operations under chapter 1607 of this title.

``(E) Any other program or authority of the Department of Defense for assistance in education or training carried out under the laws administered by the Secretary of Defense that is designated by the Secretary, by regulation, for purposes of this section.

``(2) The term `institution of higher education' has the meaning given that term in section 102 of the Higher Education Act for 1965 (20 U.S.C. 1002).''.

(2) Clerical amendment.--The table of sections at the beginning of chapter 101 of such title is amended by inserting after the item relating to section 2006 the following new item:

``2006a. Assistance for education and training: availability of certain assistance for use only at Federal Direct Student Loan participating institutions.''.

(e) Effective Date.--The amendments made by this section shall take effect on August 1, 2013.

SEC. 562. MANDATORY COMPLIANCE REVIEWS.

(a) In General.--Section 3693 of title 38, United States Code, is amended by adding at the end the following new subsection:

``(c) In addition to the annual compliance surveys conducted under subsection (a), the Secretary shall also conduct a compliance review, in accordance with such regulations as the Secretary shall prescribe, of an educational institution described in such subsection whenever the Secretary finds any of the following:

``(1) The number of student enrollments at, or the rate of student enrollments of, the educational institution has increased rapidly.

``(2) The student dropout rate of the institution has increased rapidly.

``(3) The cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)), of the educational institution has increased rapidly or is consistently higher than the average of cohort default rate of comparable educational institutions.

``(4) The number of substantiated complaints filed under section 3697C(a)(1) of this title with respect to the educational institution have increased rapidly or is consistently higher than the number of substantiated complaints filed with respect to other comparable educational institutions.

``(5) The educational institution is the subject of a civil lawsuit in Federal or State court, is charged with a crime under Federal or State law, or is the subject of an official investigation of a State or Federal agency for misconduct.

``(6) The educational institution has significant growth in revenue resulting from tuition, including tuition paid with assistance provided under this chapter, chapters 30 through 35 of this title, or the educational assistance programs or authorities specified in section 2006a(c)(1) of title 10, which cannot be attributed to changes made to such chapters by Acts of Congress or changes to the administration of such chapters, programs, or authorities.

``(7) Such other findings as the Secretary considers warrant conducting a compliance survey under subsection

(a).''.

(b) Effective Date.--Subsection (c) of such section, as added by subsection (a), shall take effect on August 1, 2013.

______

SA 2958. Mr. WEBB submitted an amendment intended to be proposed by him to the bill S. 3254, to authorize appropriations for fiscal year 2013 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the end of division A, add the following:

TITLE XVIII--MILITARY AND VETERANS EDUCATIONAL REFORM

SEC. 1801. SHORT TITLE.

This title may be cited as the ``Military and Veterans Educational Reform Act of 2012''. SEC. 1802. ADDITIONAL REQUIREMENTS FOR APPROVAL OF

EDUCATIONAL PROGRAMS FOR PURPOSES OF

EDUCATIONAL ASSISTANCE UNDER LAWS ADMINISTERED

BY SECRETARY OF VETERANS AFFAIRS AND SECRETARY

OF DEFENSE.