[House Report 111-498]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-498
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5136) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2011 FOR MILITARY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE, TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR
SUCH FISCAL YEAR, AND FOR OTHER PURPOSES; WAIVING A REQUIREMENT OF
CLAUSE 6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN
RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES; AND FOR OTHER
PURPOSES
_______
May 26, 2010.--Referred to the House Calendar and ordered to be printed
_______
Ms. Pingree of Maine, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 1404]
The Committee on Rules, having had under consideration
House Resolution 1404, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5136, the
``National Defense Authorization Act for Fiscal Year 2011,''
under a structured rule. The resolution provides one hour of
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
Armed Services now printed in the bill shall be considered as
an original bill for the purpose of amendment and shall be
considered as read. The resolution waives all points of order
against the amendment in the nature of a substitute except
those arising under clause 10 of rule XXI. This waiver does not
affect the point of order available under clause 9 of rule XXI
(regarding earmark disclosure).
The resolution makes in order only those amendments printed
in this report and amendments en bloc described in section 3 of
the resolution. The amendments made in order may be offered
only in the order printed in this report (except as specified
in section 4 of the resolution), may be offered only by a
Member designated in this report, shall be considered as read,
shall be debatable for the time specified in this report
equally divided and controlled by the proponent and an
opponent, shall not be subject to amendment, and shall not be
subject to a demand for division of the question. All points of
order against the amendments printed in this report or
amendments en bloc are waived except those arising under clause
9 or 10 of rule XXI.
The resolution provides that the Chair of the Committee on
Armed Services or his designee may offer amendments en bloc
consisting of amendments printed in this report not earlier
disposed of or germane modifications of any such amendments.
Amendments en bloc shall be considered as read (except that
modifications shall be reported), shall be debatable for 20
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their
designees, shall not be subject to amendment, and shall not be
subject to a demand for division of the question. For the
purpose of inclusion in such amendments en bloc, an amendment
printed in the form of a motion to strike may be modified to
the form of a germane perfecting amendment to the text
originally proposed to be stricken. The original proponent of
an amendment included in such amendments en bloc may insert a
statement in the Congressional Record immediately before the
disposition of the amendments en bloc.
The resolution provides that the Chair of the Committee of
the Whole may recognize for consideration of any amendment
printed in this report out of the order printed, but not sooner
than 30 minutes after the chair of the Committee on Armed
Services or his designee announces from the floor a request to
that effect. The resolution provides one motion to recommit
with or without instructions.
The resolution provides that the Chair may entertain a
motion that the Committee rise only if offered by the Chair of
the Committee on Armed Services or his designee and that the
Chair may not entertain a motion to strike out the enacting
words of the bill.
The resolution provides that, in engrossment, the Clerk
shall add the text of H.R. 5013, as passed by the House, as new
matter at the end of H.R. 5136.
The resolution waives clause 6(a) of rule XIII (requiring a
two-thirds vote to consider a rule on the same day it is
reported from the Rules Committee) against resolutions reported
from the Rules Committee through the legislative day of June 1,
2010.
Finally, the resolution provides that measures may be
considered under suspension of the rules at any time through
Sunday, May 30, 2010, and that the Speaker or her designee
shall consult with the Minority Leader or his designee on the
designation of any matter for consideration under suspension of
the rules.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill (except those arising under clause 9 or 10 of rule
XXI) includes a waiver of clause 3(e) of rule XIII (requiring
the inclusion of a comparative print of any part of the bill or
joint resolution proposing to amend the statute and of the
statute or part thereof proposed to be amended). The waiver of
all points of order against the amendment in the nature of a
substitute (except those arising under clause 10 of rule XXI)
includes a waiver of clause 7 of rule XVI (germaneness), clause
4 of rule XXI (prohibiting appropriations in legislative
bills), and section 303 of the Congressional Budget Act
(prohibiting consideration of legislation providing new budget
authority for a fiscal year until the budget resolution for
that year has been agreed).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 427
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Dreier.
Summary of motion: To limit the martial law authority
granted under the rule to rules providing for consideration of
measures relating to the extension of expiring programs.
Results: Defeated 3-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 428
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. McKeon (CA), #113, a second-
degree amendment in the nature of a substitute to amendment #43
by Rep. Patrick Murphy (PA), that would revise the guidance,
terms of reference and objectives for the Department of Defense
Working Group reviewing possible repeal of the current policy
concerning homosexuality in the Armed Forces, and require that
the Working Group's report be provided to the House and Senate
Committees on Armed Services, together with the recommendations
of the chiefs of the military services.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 429
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gingrey (GA), #18, which would
prohibit funds authorized by the bill from being used to
transfer any individual who is detained at Guantanamo Bay to
the United States or any U.S. territory.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 430
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Biggert (IL) and Rep. Shimkus
(IL) and Rep. Roskam (IL) and Rep. Johnson (IL) and Rep. Kirk
(IL) and Rep. Schock (IL) and Rep. Manzullo (IL), #158, which
would require that 90 days before the proposed transfer to the
U.S. of any person detained at Guantanamo Bay, Cuba,
information regarding the detainee's legal name, country of
residence, act of terrorism committed, and behavioral record
since capture shall be released to the general public.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 431
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Flake (AZ), #92, which would
prohibit funding for the earmarks listed in House Report 111-
491.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 432
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Gingrey (GA), #14, which would
provide waiver authority to the Secretary of Defense (or a
designee) to section 526 of the Energy Independence Act of 2007
if such a waiver is deemed necessary by the Secretary to
further the readiness of the Armed Forces and national security
objectives.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 433
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Olson (TX), #72, which would
prohibit Habeas petitions in U.S. Federal Court on behalf of
enemy combatants housed at the Bagram Air Base in Afghanistan
and other U.S. Military Bases around the world.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 434
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Heller (NV), #25, which would
require the Secretary of the Air Force to establish maps of
acceptable, unacceptable, and unassessed locations for
geothermal, wind, solar photovoltaic, and solar thermal trough
systems on Air Force and adjoining property.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 435
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Olson (TX), #73, which would
prohibit any civilian criminal trials in U.S. Federal Court for
detainees housed at the detention center at Guantanamo Bay,
Cuba.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 436
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bachmann (MN), #116, which
would prohibit the Secretary of Defense from entering into
contracts with any entity that provides Iran with censorship or
surveillance technology or crime control equipment.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 437
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Burton (IN), #165, which would
prevent any agreement for nuclear cooperation between the
United States and any country that is assisting the nuclear
program of Iran from entering into force and would prevent any
license from being issued for export to such country of any
nuclear goods or services until the President determines that
Iran has verifiably dismantled its nuclear program.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 438
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Franks (AZ), #146, which would
prevent the expenditure of any funds authorized in the bill
from being used to support U.S. participation in the
International Criminal Court.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 439
Date: May 26, 2010.
Measure: H.R. 5136.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Duncan Jr. (TN), #119, which
would clarify the circumstances under which marriages between
U.S. military personnel and foreign nationals shall be
recognized as valid for immigration purposes in the event of
the untimely death of the military member.
Results: Defeated 3-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Skelton (MO): Would correct a variety of technical
errors in the bill. (10 minutes)
2. Bartlett (MD): Would prohibit funds authorized to be
appropriated in section 101(5) for other procurement, Army,
from being obligated or expended by the Secretary of the Army
for line-haul tractors unless the source selection is made
based on a full and open competition. (10 minutes)
3. Smith, Adam (WA): Would ensure that the spouse, children
and parents of a deployed or deploying member of the Armed
Forces, who are not covered under the Family Medical Leave Act,
have the ability to take at least two weeks of unpaid leave
from their job in order to address issues that arise over the
course of a deployment cycle. (10 minutes)
4. Marshall (GA): Would express the sense of Congress that
the Chief of the National Guard Bureau should issue fire-
resistant utility ensembles to National Guard personnel who are
engaged, or likely to become engaged, in defense support to
civil authority missions that routinely involve serious fire
hazards, such as wildfire recovery efforts. (10 minutes)
5. Bordallo (GU): Would incorporate the text of H.R. 44,
the Guam World War II Loyalty Recognition Act, into the bill as
Title XVII. This title would implement the recommendations of
the Guam War Claims Review Commission which was authorized by
an Act of the 107th Congress (P.L. 107-333) and which submitted
its final report to Congress in June 2004. The amendment
authorizes the Foreign Claims Settlement Commission of the
United States to settle claims resulting from the occupation of
Guam during World War II based on other war claims programs
previously authorized by Congress for other Americans. (10
minutes)
6. Coffman (CO), Ellsworth (IN): Would require the
Department of Defense to formulate and submit a plan to
establish a domestic source of neodymium iron boron magnets for
use in the defense supply chain. (10 minutes)
7. Shea-Porter (NH), Langevin (RI): Would require the
President to commission a study to assess the need for and
implications of a common alignment of world regions in the
internal organization of departments and agencies of the
Federal government with international responsibilities. (10
minutes)
8. Courtney (CT), Petri (WI), Matsui (CA): Would transfer
the Troops to Teachers program from the Department of Education
to the Department of Defense. It would also make several
changes to the program that would expand eligibility for
service members who have served on active duty since September
11, 2001, expand the number of schools eligible to participate
in the program, and create an advisory board charged with
improving awareness of the program, increasing participation,
and ensuring that the program meets the needs of our schools
and our veterans. (10 minutes)
9. Giffords (AZ): Would authorize the Secretary of Defense,
acting through Joint Task Force North, to share with the
Department of Homeland Security and the Department of Justice
any data gathered during training exercises. (10 minutes)
10. Nye (VA), Larsen, Rick (WA): Would require the
Department of Defense to report to the House Armed Services
Committee and the Small Business Committee on their plans to
support the Regional Advanced Technology Clusters. (10 minutes)
11. Kratovil (MD): Would clarify that no funds authorized
to be appropriated in this Act or otherwise made available to
the Department of Defense shall be used in violation of section
1040 of the National Defense Authorization Act for Fiscal Year
2010. (10 minutes)
12. Owens (NY): Would provide Congress enhanced and updated
budget and quantity information on proposed equipment
purchases. The information to be provided includes both the per
unit cost for each item for each year in the five-year budget
window and the total five-year equipment quantities needed. (10
minutes)
13. McGovern (MA), Emerson (MO), Bishop, Sanford (GA):
Would include a Sense of Congress stating that hunger and
obesity are impairing military recruitment and must be properly
addressed. (10 minutes)
14. McGovern (MA), Jones (NC), Welch (VT): Would require
the President to certify that the Afghanistan Independent
Election Commission and the Afghan Electoral Complaints
Commission have the professional capacity, legal authority and
independence to carry out and oversee free, fair and honest
elections, absent the fraud that characterized the 2009
presidential elections, before funds are made available to
support the holding of elections in Afghanistan. (10 minutes)
15. Hastings, Alcee (FL): Would require the Department of
Defense, in consultation with the Secretary of State, Attorney
General, Secretary of Homeland Security, Administrator of the
United States Agency for International Development (USAID), and
heads of other appropriate Federal agencies (as determined by
the Secretary of Defense) to produce a needs assessment of U.S.
affiliated Iraqis and their status. It would also require the
Secretary of Defense, Secretary of State, and Secretary of
Homeland Security to develop a plan using the needs assessment
to expedite resettlement of U.S.-affiliated Iraqis at risk as
the United States withdraws from Iraq. (10 minutes)
16. Sessions (TX), Platts (PA): Would establish a 5 year
``pay-for-performance'' pilot program for the treatment of
traumatic brain injuries. It would authorize healthcare
providers to treat active duty soldiers and veterans at no cost
to the patient, and DoD/VA only reimburses services proven
successful. (10 minutes)
17. Polis (CO), Langevin (RI), Cohen (TN): Would clarify
that federal agencies can procure commercially available fuels
that have less than a majority proportion of alternative fuels
with greater life cycle emissions than traditional petroleum
fuels. (10 minutes)
18. Dingell (MI), Stupak (MI), Miller, Brad (NC): Would
require the Secretary of Defense to provide the Agency for
Toxic Substances and Disease Registry (ATSDR) with the
following information pertaining to Marine Corps Base Camp
Lejeune's historic drinking water contamination no later than
90 days after enactment: (1) an electronic inventory of all
existing document, data, and records in its possession and
update the inventory based on new documents, data, and records
generated or discovered by Secretary of the Navy; and (2) all
existing data, documents, and records pertaining to the
contaminated water present at Camp Lejeune. In addition, the
amendment would require the Secretary of the Navy to ensure
personnel within the Department of Defense with the appropriate
environmental expertise are utilized to identify, compile, and
submit existing and new documents, data, and records that will
assist ATSDR in gathering data relating to the contamination
and remediation of Camp Lejeune base-wide drinking-water
systems. (10 minutes)
19. Conyers (MI), Davis, Geoff (KY): Would require the
Secretary of Defense, in coordination with the Secretary of
State, to issue a report evaluating naval security in the
Persian Gulf and the Strait of Hormuz. The report shall include
an assessment of the strategic benefits of the successful
negotiation of a bilateral or multilateral ``Incidents at Sea''
agreement including the United States and the Government of
Iran. (10 minutes)
20. Burton (IN), Napolitano (CA): Would express the Sense
of Congress that the President, as Commander-in-Chief, should
treat all military personnel and military families equally and
overturn the policy that prohibits sending a presidential
letter of condolence to the family of a member of the Armed
Forces who has died by suicide. (10 minutes)
21. Gutierrez (IL): Would stipulate that, should the
Secretary of Defense determine that BP or its subsidiaries
performing any contract with the Department are no longer a
``responsible source,'' the Secretary shall consider debarring
BP or its subsidiaries from contracting with the Department no
later than 90 days after making such determination. (10
minutes)
22. Holden (PA): Would make any person who served in combat
as a pilot or crew member of a Medevac unit beginning June 25,
1950, eligible for the Combat Medevac Badge. (10 minutes)
23. Pomeroy (ND): Would authorize the continuation of the
Joint Family Support Assistance Program, which provides support
and services to families of service members, with a primary
focus on those families that do not live near a military
installation and would not otherwise have access to the
services available at those facilities. (10 minutes)
24. Jackson Lee (TX): Would require the Secretary of
Defense shall provide, by December 1, 2010, a report to the
Congressional Black Caucus that includes a list of minority-
owned, women-owned and disadvantaged-owned businesses over the
past 10 years who have received contracts resulting from
authorized funding to the Department. (10 minutes)
25. Jackson Lee (TX): Would make available post-traumatic
stress counseling for civilians affected by the Fort Hood
shooting, and shootings at other domestic military bases. (10
minutes)
26. Latham (IA), Boren (OK): Would express the Sense of
Congress that an erroneous interpretation of recent changes to
age and service requirements for reserve retirement pay should
be corrected, to ensure that members of the Guard and Reserve
receive full credit for time spent on deployments in reducing
the age at which retirement pay may be received under section
647 of the NDAA for FY08, which sought to modernize reserve
retirement benefits to reflect the increased use of the
reserved components to support contingency operations. (10
minutes)
27. Kennedy (RI): Would add neurology to the list of
selected residency programs at military medical treatment
facilities subject to a program review. (10 minutes)
28. Etheridge (NC), Kissell, Larry (NC), Bishop, Sanford
(GA): Would clarify that the Department of Defense Office of
Economic Adjustment's existing grant-making authority for
community adjustment and economic diversification to assist
communities affected by the 2005 Base Realignment and Closure
Process includes development assistance. (10 minutes)
29. Pascrell (NJ), Platts (PA), Andrews (NJ), Cole (OK),
Ortiz (TX), Coffman (CO), Wilson, Joe (SC): Would require that
the same cognitive screening tool be used pre-deployment and
post-deployment until a new, comprehensive policy for screening
our soldiers to detect cognitive injuries is implemented. Would
require DOD to complete outstanding studies on the
effectiveness of various cognitive assessment tools. (10
minutes)
30. Shadegg (AZ): Would prohibit members of the Armed
Forces or veterans from receiving burial benefits if they are
convicted of certain sexual offenses requiring them to register
as ``Tier III'' sex offenders. (10 minutes)
31. Lee, Barbara (CA): Would express the Sense of Congress
that there is potential for additional and significant cost
savings through further reductions by the Secretary of Defense
in waste, fraud, and abuse and that the Secretary should make
implementation of remaining Government Accountability Office
(GAO) recommendations an utmost priority of the Department of
Defense. (10 minutes)
32. Holt (NJ), Bishop, Tim (NY), Himes (CT): Would require
that the Secretary of Defense ensure that each member of the
Individual Ready Reserve (IRR) or those designated as
Individual Mobilization Augmentees (IMA) who have served at
least one tour in Iraq or Afghanistan receive at least
quarterly counseling and health and welfare calls from
personnel properly trained to provide such services. (10
minutes)
33. Schakowsky (IL), McGovern (MA), Conyers (MI), Hinchey
(NY), Moran, James (VA): Would require the Special Inspector
General for Afghanistan Reconstruction to report on existing
oversight of contractors in Afghanistan, as well as to make
recommendations for increasing oversight, decreasing reliance
on contractors responsible for civilian deaths, and preventing
contractors responsible for waste, fraud, and abuse from
getting future contracts. (10 minutes)
34. Harman (CA): Would call for expedited and priority
consideration of an application for permanent change of base or
unit transfer for victims of sexual assault to reduce the
possibility of retaliation against the victim. (10 minutes)
35. Putnam (FL): Would express a sense of Congress in
support of recreational hunting and fishing on military
installations. States that military installations that sell
recreational hunting and fishing permits should provide a
discount to active and retired members of the Armed Forces and
veterans with disabilities, and promote access to such
facilities to those with disabilities. (10 minutes)
36. Watson (CA), Langevin (RI): Would insert language based
on H.R. 4900 and H.R. 5247, that contain the following
provisions: (1) the establishment of a new National Office for
Cyberspace; (2) management and oversight reforms for agency
information security programs; (3) security related acquisition
requirements for federal information technology investments;
(4) the establishment of a federal Chief Technology Officer;
and (5) make the Director of the National Office for Cyberspace
a member of the National Security Council and grant the office
additional government-wide coordinating responsibilities. (10
minutes)
37. Chandler (KY): Would strike section 2412(c), which
would prohibit funds from being allocated to the Blue Grass
Army Depot Chemical Demilitarization program as it is currently
contracted. (10 minutes)
38. Herseth Sandlin (SD), Fleming (LA): Would require
reports to Congress on U.S. bomber modernization, sustainment
and recapitalization efforts in support of the national defense
strategy. (10 minutes)
39. Lipinski (IL), Murphy, Christopher (CT), Edwards, Donna
(MD): Would require the Department of Defense to solicit bids
from domestic suppliers when procuring articles, materials, or
supplies for use outside of the United States. (10 minutes)
40. Brown-Waite (FL): Would expand the eligibility for the
Army Combat Action Badge to those soldiers who served during
the dates ranging from December 7, 1941, to September 18, 2001.
The costs to procure the badges would be borne by these
individuals, not the military. (10 minutes)
41. Braley (IA): Would require the Secretary of Defense,
with contributions from the Secretary of State and Secretary of
Veterans Affairs, to submit a report on the long-term costs of
Operation Iraqi Freedom and Operation Enduring Freedom. It
would require the report to make cost projections through
Fiscal Year 2020, and specifies scenarios and factors which the
Secretary must consider in the report. (10 minutes)
42. Eshoo (CA), Holt (NJ), Thompson, Mike (CA), Schakowsky
(IL), Berman (CA), Tierney (MA): Would require the DNI to
cooperate with GAO inquiries that are initiated by Committees.
Would allow all committees of jurisdiction to request that GAO
perform audits of the intelligence community. Would allow the
DNI to designate certain reports or portions of reports as
sources and methods sensitive or reportable only to the
intelligence committees, and those reports or portions would go
only to the intelligence committees. Would establish certain
procedures to ensure that GAO safeguards information. (10
minutes)
43. Murphy, Christopher (CT), Lipinski (IL), Edwards, Donna
(MD): Would require the Department of Defense to include in its
yearly assessment of waivers granted under the Buy American Act
to include in that report an analysis of the domestic capacity
to supply the articles, materials or supplies procured from
overseas and an analysis of the reasons for the yearly increase
or decrease in Buy American waivers granted. (10 minutes)
44. Richardson (CA): Would require Transportation Command
(TRANSCOM) to update the PORT LOOK 2008 Strategic Seaports
study and in that update include consideration of the
infrastructure in the vicinity of the strategic port (including
bridges, roads, and rail capacity). (10 minutes)
45. Murphy, Tim (PA): Would direct the Surgeons General of
the Army, Navy, and Air Force to submit a report to Congress on
whether additional behavioral health professionals are needed
to treat members of the Armed Forces for PTSD/TBI, and offer
recommendations for ways to provide incentives for health care
professionals to join active and reserve components. (10
minutes)
46. Space (OH): Would require the Secretary of the VA to
send an electronic copy of service members' separation
paperwork to the States. (10 minutes)
47. Sarbanes (MD): Would require non-Defense agencies to
establish contractor inventories and insourcing programs to
mirror current law for the Department of Defense. It would also
prevent agencies from establishing any numerical goal, target,
or quota for the conversion to performance by Federal
employees, require OMB to report to Congress on agency
insourcing policies and GAO to evaluate OMB reporting. (10
minutes)
48. Walz (MN): Would revise the language of the Alternative
Career Track Pilot Program slightly to ensure officers are not
penalized with regards to promotion for participating in the
pilot program. (10 minutes)
49. Childers (MS): Would require the Secretary of Defense
to submit a report to Congress regarding the procurement and
the feasibility of sustained low-level production of Mine
Resistant Ambush Protective Vehicles. (10 minutes)
50. Broun (GA): Would express the sense of Congress
strongly encouraging the President to order the flag of the
United States flown on military outposts of the United States
in the Republic of Haiti. (10 minutes)
51. Edwards, Donna (MD), Lipinski (IL), Murphy, Christopher
(CT): Would direct the Department of Defense to include the
impact on domestic jobs in their periodic assessments of
defense capability. (10 minutes)
52. Carson (IN): Would amend the Department of Defense pre-
separation counseling program to provide discharging service
members and their spouses with financial and job placement
counseling. (10 minutes)
53. Foster (IL): Would direct the Secretary of Defense to
commission an independent study by assessing the optimal
balance of unmanned versus manned platforms, and the current
ability of each branch of the military to defend against
unmanned aerial vehicles. It would require the conclusions of
this study to be reported to Congress by December 1, 2011. (10
minutes)
54. Hare (IL): Would direct the Secretary of the Army to
deliver a report to Congress that provides a detailed
explanation of the Army's Heirloom Chest policy, the Army's
plans to continue the Heirloom Chest program, and a cost
estimate for the procurement to expand the number of Heirloom
Chests to additional family members. (10 minutes)
55. Luetkemeyer (MO): Would direct the Secretary of each
military department to review the service records of eligible
Jewish American veterans from World War I to determine whether
such veterans should be awarded the Medal of Honor. (10
minutes)
56. Dahlkemper (PA): Would allow the Secretary of Defense
to make excess nonlethal supplies available for domestic
emergency assistance purposes, in coordination with the
Secretary of Homeland Security. (10 minutes)
57. Price, David (NC), Spratt (SC): Would extend certain
provisions of the Fiscal Year 2008 National Defense
Authorization Act (FY 2008 NDAA) pertaining to private security
contractors in Iraq and Afghanistan to additional overseas
areas with a significant contractor presence. Specifically, the
amendment would require the Secretary of Defense to issue
regulations extending section 862 of the FY 2008 NDAA to
additional areas in which significant military operations are
being carried out by the U.S. Armed Forces. The amendment
leaves the designation of such areas to the Secretary but
stipulates that it should include, at a minimum, the Horn of
Africa, Yemen, Haiti, and the Philippines. (10 minutes)
58. Kirkpatrick (AZ): Would eliminate gaps in existing law
that have resulted in unauthorized and improper disposal of
Department of Defense property. (10 minutes)
59. Kosmas (FL): Would require DoD and NASA to conduct a
study of the feasibility of joint usage of the NASA Shuttle
Logistics Depot (NSLD), which utilizes a highly-skilled
workforce and has unique capabilities, to supplement
requirements for products and services in support of reset
initiatives, engineering analysis, industrial base
capabilities, and innovative technology processes to improve
procurement and reduce risk, cost, and cycle time of system
delivery. (10 minutes)
60. Lujan (NM): Would instruct the Administrator of the
National Nuclear Security Administration to encourage
technology transfer activities at its national security
laboratories that will lead to enhanced private-sector
employment opportunities. It would require the Administrator to
submit a report each year detailing the number of new private-
sector employment opportunities created as a result of the
technology transfer activities at each of its national security
laboratories. (10 minutes)
61. Markey, Betsy (CO): Would create the Department of
Veterans Affairs HONOR Scholarship Program for veterans'
pursuit of graduate and post-graduate degrees in behavioral
health sciences. (10 minutes)
62. McMahon (NY): Would express a Sense of Congress
concerning the implementation of the Congressionally-mandated
recommendations of the Institute of Medicine study. (10
minutes)
63. McMahon (NY): Would express a Sense of Congress to
encourage the Secretary of the Navy to name a naval vessel
after Medal of Honor recipient and Navy chaplain, Father
Vincent Capodanno. (10 minutes)
64. Minnick (ID): Would authorize the Secretary of
Education to provide support to help cover operating costs of
new state programs under the National Guard Youth Challenge
Program. (10 minutes)
65. Perriello (VA): Would ensure that Department of Defense
in sourcing decisions are performance based by excluding from
consideration the value of employer sponsored health plans and
retirement benefits plans provided by both DoD and private
government contractors. (10 minutes)
66. Schrader (OR): Would require the Secretary of Defense
to ensure that each member of a reserve component of the Armed
Forces who is mobilized or demobilized is provided a clear and
comprehensive statement of the medical care and treatment to
which such member is entitled under Federal law by reason of
being so mobilized or demobilized. (10 minutes)
67. Schrader (OR): Would instruct the DoD Inspector General
to conduct a study assessing the medical processing of National
Guard and Reserve soldiers mobilizing and demobilizing under
Title X. (10 minutes)
68. Teague (NM), Markey, Betsy (CO), Perriello (VA), Owens
(NY): Would provide health insurance to dependents of
permanently and totally disabled veterans, as well as veterans
who died from service connected disabilities, through the age
of 26. Currently under CHAMPVA, which is administered by the
Department of Veterans' Affairs (VA), coverage can only be
provided to dependent children up to the age of 23. (10
minutes)
69. Titus (NV), Heller (NV), Costa (CA): Would provide the
Secretary of Defense the flexibility to change the effective
date of the Homeowners Assistance Program for members of the
armed forces permanently reassigned during the mortgage crisis.
(10 minutes)
70. Tonko (NY): Would express a Sense of Congress
encouraging the development of next generation semiconductor
technologies. (10 minutes)
71. Critz (PA): Would allow military claims offices to pay
full replacement value, instead of fair market value, on claims
that fall outside the current contractual arrangements for
providing full replacement value for the household goods of
service members and civilian employees moved at the expense of
the Department of Defense. It would clarify existing law on
this policy. (10 minutes)
72. Hinchey (NY): Would require the Department of Defense
to apply the Buy American Act to the procurement of
photovoltaic devices purchased through subcontracts. (10
minutes)
73. Hinchey (NY), Schakowsky (IL), Moran, James (VA): Would
require armed private security contractors who are using U.S.
citizens in Iraq or Afghanistan to hire those individuals as
direct employees rather than independent contractors. It would
only apply to U.S. citizens who are required to have U.S.
security clearances for such contracts and contains a national
security waiver. (10 minutes)
74. Klein, Ron (FL): Would require companies that are
applying for Department of Defense contracts to certify that
they do not conduct business in Iran, as defined by Section 5
of the Iran Sanctions Act. It would prohibit any entity that
cannot complete this certification from receiving Department of
Defense contracts. (10 minutes)
75. Connolly (VA): Would require the Secretary of Defense
to establish monitoring and evaluation mechanisms for its
programs in the Horn of Africa. (10 minutes)
76. Connolly (VA): Would standardize federal agency and OPM
reporting requirements regarding federal internship programs,
with the goal of improving the conversion rate of interns to
full time federal employees. (10 minutes)
77. Pingree (ME), Michaud (ME): Would require the
Department of Defense to continue commissary and exchange
stores at BRAC locations with significant military populations
for one fiscal year after base closure to study the economic
feasibility of continuing operations at the stores. (10
minutes)
78. Grayson (FL): Would require cost or price be given at
least equal importance in evaluating competitive proposals for
procurement contracts with the United States Department of
Defense. (10 minutes)
79. Murphy, Patrick (PA): Would repeal ``Don't Ask Don't
Tell'' only after: (1) receipt of the recommendations of the
Pentagon's Comprehensive Review Working Group on how to
implement a repeal of DADT (due December 1, 2010) and (2) a
certification by the Secretary of Defense, Chairman of the
Joint Chiefs and President that repeal is first, consistent
with military readiness, military effectiveness, unit cohesion
& recruiting, and second, that the DoD has prepared the
necessary policies and regulations to implement its repeal. It
would also include a 60 day period after certification before
the repeal took effect. (10 minutes)
80. Pingree (ME), Rooney (FL), Larson, John (CT), Altmire
(PA), Berry (AR), Blumenauer (OR), Boren (OK), Cardoza (CA),
Castor (FL), Cleaver (MO), Cohen (TN), Courtney (CT), Davis,
Danny K. (IL), Davis, Lincoln (TN), DeFazio (OR), DeGette (CO),
DeLauro (CT), Ellison (MN), Gonzalez (TX), Gordon (TN), Green,
Al (TX), Grijalva, Raul (AZ), Hastings, Alcee (FL), Herseth
Sandlin (SD), Johnson, Hank (GA), Kagen (WI), Meeks, Gregory
(NY), Moore, Dennis (KS), Murphy, Christopher (CT), Nadler
(NY), Owens (NY), Polis (CO), Rodriguez (TX), Westmoreland
(GA): Would strike funding for the Joint Strike Fighter's
Alternate Engine Program. (10 minutes)
81. Shea-Porter (NH): Would require a penalty for prime
contractors that do not provide information to databases on
contracts in Iraq and Afghanistan, and it adds a reporting
requirement. The penalty would withhold award and incentive fee
payments. (10 minutes)
82. Inslee (WA), Tiahrt (KS), DeLauro (CT), Larsen, Rick
(WA), Turner (OH), Carnahan (MO): Would require the Department
of Defense to take into consideration during the KC-X or any
successor aerial tanker replacement program any unfair
competitive advantage an offeror may possess, and to report any
such unfair competitive advantage to Congressional defense
committees within 60 days of bid submissions. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Skelton, Ike of
Missouri or His Designee, Debatable for 10 Minutes
Page 172, line 10, strike ``of an enlisted member of the
Armed Forces'' and insert ``of a candidate''.
Page 172, beginning line 12, strike ``member,'' and insert
``candidate''.
Page 172, line 15, insert after ``(1)'' the following: ``is
an enlisted member of the Armed Forces and''.
Page 404, line 6, strike ``or later''.
Page 437, strike line 19 and all that follows through page
438, line 14 (and redesignate subsequent sections accordingly).
Page 603, in the table above line 1, in the column titled
``Installation or Location'', strike ``Miami'' and insert
``North Fort Myers'', strike ``West Palm Beach'' and insert
``Tallahassee'', strike ``Kansas City'' and insert ``Belton'',
strike ``Dallas'' and insert ``Denton'', and strike ``Virginia
Beach'' and insert ``Fort Story''.
Page 670, lines 1 and 2, strike ``NATIONAL SECURITY AGENCY''
and insert ``DEPARTMENT OF DEFENSE'' (and conform the table of
contents in section 2(b)).
Page 670, line 7, strike ``National Security Agency'' and
insert ``Department of Defense''.
----------
2. An Amendment To Be Offered by Representative Bartlett, Roscoe of
Maryland or His Designee, Debatable for 10 Minutes
Page 28, after line 3, insert the following:
SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL TRACTORS.
(a) Limitation.--None of the funds authorized to be
appropriated by section 101(5) for other procurement, Army, may
be obligated or expended by the Secretary of the Army for line-
haul tractors unless the source selection is made based on a
full and open competition.
(b) Waiver.--The Secretary of the Army may waive the
limitation under subsection (a) if the Secretary certifies to
the congressional defense committees by not later than 90 days
after the date of the enactment of this Act that a sole source
selection--
(1) is needed to fulfill mission requirements; or
(2) is more cost effective than a full and open
competition.
----------
3. An Amendment To Be Offered by Representative Smith, Adam of
Washington or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, insert the following:
SEC. 5__. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Part III of title 38, United States Code, is
amended by adding at the end the following new chapter:
``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE
UNIFORMED SERVICES
``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.
``Sec. 4401. Definitions
``In this chapter:
``(1) The terms `benefit', `rights and benefits',
`employee', `employer', and `uniformed services' have
the meaning given such terms in section 4303 of this
title.
``(2) The term `contingency operation' has the same
meaning given such term in section 101(a)(13) of title
10.
``(3) The term `eligible employee' means an
individual who is--
``(A) a family member of a member of a
uniformed service;
``(B) an employee of the employer with
respect to whom leave is requested under
section 4402 of this title; and
``(C) not entitled to leave under section
102(a)(1)(E) of the Family Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)(E)).
``(4) The term `family member' means an individual
who is, with respect to another individual, one of the
following:
``(A) The spouse of the other individual.
``(B) A son or daughter of the other
individual.
``(C) A parent of the other individual.
``(5) The term `reduced leave schedule' means a leave
schedule that reduces the usual number of hours per
workweek, or hours per workday, of an employee.
``(6) The terms `spouse', `son or daughter', and
`parent' have the meaning given such terms in section
101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611).
``Sec. 4402. Leave requirement
``(a) Entitlement to Leave.--In any 12-month period, an
eligible employee shall be entitled to two workweeks of leave
for each family member of the eligible employee who, during
such 12-month period--
``(1) is in the uniformed services; and
``(2)(A) receives notification of an impending call
or order to active duty in support of a contingency
operation; or
``(B) is deployed in connection with a contingency
operation.
``(b) Leave Taken Intermittently or on Reduced Leave
Schedule.--(1) Leave under subsection (a) may be taken by an
eligible employee intermittently or on a reduced leave schedule
as the eligible employee considers appropriate.
``(2) The taking of leave intermittently or on a reduced
leave schedule pursuant to this subsection shall not result in
a reduction in the total amount of leave to which the eligible
employee is entitled under subsection (a) beyond the amount of
leave actually taken.
``(c) Paid Leave Permitted.--Leave granted under subsection
(a) may consist of paid leave or unpaid leave as the employer
of the eligible employee considers appropriate.
``(d) Relationship to Paid Leave.--(1) If an employer
provides paid leave to an eligible employee for fewer than the
total number of workweeks of leave that the eligible employee
is entitled to under subsection (a), the additional amount of
leave necessary to attain the total number of workweeks of
leave required under subsection (a) may be provided without
compensation.
``(2) An eligible employee may elect, and an employer may not
require the eligible employee, to substitute any of the accrued
paid vacation leave, personal leave, or family leave of the
eligible employee for leave provided under subsection (a) for
any part of the total period of such leave the eligible
employee is entitled to under such subsection.
``(e) Notice for Leave.--In any case in which an eligible
employee chooses to use leave under subsection (a), the
eligible employee shall provide such notice to the employer as
is reasonable and practicable.
``Sec. 4403. Certification
``(a) In General.--An employer may require that a request for
leave under section 4402(a) of this title be supported by a
certification of entitlement to such leave.
``(b) Timeliness of Certification.--An eligible employee
shall provide, in a timely manner, a copy of the certification
required by subsection (a) to the employer.
``(c) Sufficient Certification.--A copy of the notification,
call, or order described in section 4402(a)(2) of this title
shall be considered sufficient certification of entitlement to
leave for purposes of providing certification under this
section. The Secretary may prescribe such additional forms and
manners of certification as the Secretary considers appropriate
for purposes of providing certification under this section.
``Sec. 4404. Employment and benefits protection
``(a) In General.--An eligible employee who takes leave under
section 4402 of this title for the intended purpose of the
leave shall be entitled, on return from such leave--
``(1) to be restored by the employer to the position
of employment held by the eligible employee when the
leave commenced; or
``(2) to be restored to an equivalent position with
equivalent rights and benefits of employment.
``(b) Loss of Benefits.--The taking of leave under section
4402 of this title shall not result in the loss of any
employment benefit accrued prior to the date on which the leave
commenced.
``(c) Limitations.--Nothing in this section shall be
construed to entitle any restored employee to--
``(1) the accrual of any seniority or employment
benefits during any period of leave; or
``(2) any right, benefit, or position of employment
other than any right, benefit, or position to which the
employee would have been entitled had the employee not
taken the leave.
``Sec. 4405. Prohibited acts
``(a) Exercise of Rights.--It shall be unlawful for any
employer to interfere with, restrain, or deny the exercise of
or the attempt to exercise, any right provided under this
chapter.
``(b) Discrimination.--It shall be unlawful for any employer
to discharge or in any other manner discriminate against any
individual for opposing any practice made unlawful by this
chapter.
``Sec. 4406. Enforcement
``The provisions of subchapter III of chapter 43 of this
title shall apply with respect to the provisions of this
chapter as if such provisions were incorporated into and made
part of this chapter.
``Sec. 4407. Miscellaneous provisions
``The provisions of subchapter IV of chapter 43 of this title
shall apply with respect to the provisions of this chapter as
if such provisions were incorporated into and made part of this
chapter.''.
(b) Clerical Amendments.--The table of chapters at the
beginning of title 38, United States Code, and at the beginning
of part III of such title, are each amended by inserting after
the item relating to chapter 43 the following new item:
``44. Annual Leave for Family of Deployed Members of the Uniformed
Services..........................................4401.''.
----------
4. An Amendment To Be Offered by Representative Marshall, Jim of
Georgia or His Designee, Debatable for 10 Minutes
Page 122, after line 18, insert the following:
SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY ENSEMBLES
FOR NATIONAL GUARD PERSONNEL IN CIVIL AUTHORITY
MISSIONS.
It is the sense of Congress that the Chief of the National
Guard Bureau should issue fire-resistant utility ensembles to
National Guard personnel who are engaged, or likely to become
engaged, in defense support to civil authority missions that
routinely involve serious fire hazards, such as wildfire
recovery efforts.
----------
5. An Amendment To Be Offered by Representative Bordallo, Madeleine of
Guam or Her Designee, Debatable for 10 Minutes
At the end of division A of the bill, insert the following
new title:
TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Guam World War II Loyalty
Recognition Act''.
SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF
GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--
The United States recognizes that, as described by the Guam War
Claims Review Commission, the residents of Guam, on account of
their United States nationality, suffered unspeakable harm as a
result of the occupation of Guam by Imperial Japanese military
forces during World War II, by being subjected to death, rape,
severe personal injury, personal injury, forced labor, forced
march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The
United States forever will be grateful to the residents of Guam
for their steadfast loyalty to the United States of America, as
demonstrated by the countless acts of courage they performed
despite the threat of death or great bodily harm they faced at
the hands of the Imperial Japanese military forces that
occupied Guam during World War II.
SEC. 1703. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced
March, and Internment.--Subject to the availability of
appropriations authorized to be appropriated under section
1706(a), after receipt of certification pursuant to section
1704(b)(8) and in accordance with the provisions of this title,
the Secretary of the Treasury shall make payments as follows:
(1) Residents injured.--The Secretary shall pay
compensable Guam victims who are not deceased before
any payments are made to individuals described in
paragraphs (2) and (3) as follows:
(A) If the victim has suffered an injury
described in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in
subparagraph (A) but has suffered an injury
described in subsection (c)(2)(B), $12,000.
(C) If the victim is not described in
subparagraph (A) or (B) but has suffered an
injury described in subsection (c)(2)(C),
$10,000.
(2) Survivors of residents who died in war.--In the
case of a compensable Guam decedent, the Secretary
shall pay $25,000 for distribution to eligible
survivors of the decedent as specified in subsection
(b). The Secretary shall make payments under this
paragraph after payments are made under paragraph (1)
and before payments are made under paragraph (3).
(3) Survivors of deceased injured residents.--In the
case of a compensable Guam victim who is deceased, the
Secretary shall pay $7,000 for distribution to eligible
survivors of the victim as specified in subsection (b).
The Secretary shall make payments under this paragraph
after payments are made under paragraphs (1) and (2).
(b) Distribution of Survivor Payments.--Payments under
paragraph (2) or (3) of subsection (a) to eligible survivors of
an individual who is a compensable Guam decedent or a
compensable Guam victim who is deceased shall be made as
follows:
(1) If there is living a spouse of the individual,
but no child of the individual, all of the payment
shall be made to such spouse.
(2) If there is living a spouse of the individual and
one or more children of the individual, one-half of the
payment shall be made to the spouse and the other half
to the child (or to the children in equal shares).
(3) If there is no living spouse of the individual,
but there are one or more children of the individual
alive, all of the payment shall be made to such child
(or to such children in equal shares).
(4) If there is no living spouse or child of the
individual but there is a living parent (or parents) of
the individual, all of the payment shall be made to the
parents (or to the parents in equal shares).
(5) If there is no such living spouse, child, or
parent, no payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term
``compensable Guam decedent'' means an individual
determined under section 1704(a)(1) to have been a
resident of Guam who died or was killed as a result of
the attack and occupation of Guam by Imperial Japanese
military forces during World War II, or incident to the
liberation of Guam by United States military forces,
and whose death would have been compensable under the
Guam Meritorious Claims Act of 1945 (Public Law 79-224)
if a timely claim had been filed under the terms of
such Act.
(2) Compensable guam victim.--The term ``compensable
Guam victim'' means an individual determined under
section 1704(a)(1) to have suffered, as a result of the
attack and occupation of Guam by Imperial Japanese
military forces during World War II, or incident to the
liberation of Guam by United States military forces,
any of the following:
(A) Rape or severe personal injury (such as
loss of a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not
under subparagraph (A) (such as disfigurement,
scarring, or burns).
(C) Forced march, internment, or hiding to
evade internment.
(3) Definitions of severe personal injuries and
personal injuries.--The Foreign Claims Settlement
Commission shall promulgate regulations to specify
injuries that constitute a severe personal injury or a
personal injury for purposes of subparagraphs (A) and
(B), respectively, of paragraph (2).
SEC. 1704. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement
Commission is authorized to adjudicate claims and
determine eligibility for payments under section 1703.
(2) Rules and regulations.--The chairman of the
Foreign Claims Settlement Commission shall prescribe
such rules and regulations as may be necessary to
enable it to carry out its functions under this title.
Such rules and regulations shall be published in the
Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection
(a)(1) and subject to paragraph (2), the Foreign Claims
Settlement Commission may not determine an individual
is eligible for a payment under section 1703 unless the
individual submits to the Commission a claim in such
manner and form and containing such information as the
Commission specifies.
(2) Filing period for claims and notice.--All claims
for a payment under section 1703 shall be filed within
one year after the Foreign Claims Settlement Commission
publishes public notice of the filing period in the
Federal Register. The Foreign Claims Settlement
Commission shall provide for the notice required under
the previous sentence not later than 180 days after the
date of the enactment of this title. In addition, the
Commission shall cause to be publicized the public
notice of the deadline for filing claims in newspaper,
radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the
Foreign Claims Settlement Commission on each claim
shall be by majority vote, shall be in writing, and
shall state the reasons for the approval or denial of
the claim. If approved, the decision shall also state
the amount of the payment awarded and the distribution,
if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims
Settlement Commission shall deduct, from potential
payments, amounts previously paid under the Guam
Meritorious Claims Act of 1945 (Public Law 79-224).
(5) Interest.--No interest shall be paid on payments
awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on
account of representational services rendered on behalf
of any claimant in connection with any claim filed with
the Foreign Claims Settlement Commission under this
title shall exceed one percent of the total amount paid
pursuant to any payment certified under the provisions
of this title on account of such claim. Any agreement
to the contrary shall be unlawful and void. Whoever
demands or receives, on account of services so
rendered, any remuneration in excess of the maximum
permitted by this section shall be fined not more than
$5,000 or imprisoned not more than 12 months, or both.
(7) Appeals and finality.--Objections and appeals of
decisions of the Foreign Claims Settlement Commission
shall be to the Commission, and upon rehearing, the
decision in each claim shall be final, and not subject
to further review by any court or agency.
(8) Certifications for payment.--After a decision
approving a claim becomes final, the chairman of the
Foreign Claims Settlement Commission shall certify it
to the Secretary of the Treasury for authorization of a
payment under section 1703.
(9) Treatment of affidavits.--For purposes of section
1703 and subject to paragraph (2), the Foreign Claims
Settlement Commission shall treat a claim that is
accompanied by an affidavit of an individual that
attests to all of the material facts required for
establishing eligibility of such individual for payment
under such section as establishing a prima facie case
of the individual's eligibility for such payment
without the need for further documentation, except as
the Commission may otherwise require. Such material
facts shall include, with respect to a claim under
paragraph (2) or (3) of section 1703(a), a detailed
description of the injury or other circumstance
supporting the claim involved, including the level of
payment sought.
(10) Release of related claims.--Acceptance of
payment under section 1703 by an individual for a claim
related to a compensable Guam decedent or a compensable
Guam victim shall be in full satisfaction of all claims
related to such decedent or victim, respectively,
arising under the Guam Meritorious Claims Act of 1945
(Public Law 79-224), the implementing regulations
issued by the United States Navy pursuant thereto, or
this title.
SEC. 1705. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING
WORLD WAR II.
(a) Establishment.--Subject to section 1706(b) and in
accordance with this section, the Secretary of the Interior
shall establish a grants program under which the Secretary
shall award grants for research, educational, and media
activities that memorialize the events surrounding the
occupation of Guam during World War II, honor the loyalty of
the people of Guam during such occupation, or both, for
purposes of appropriately illuminating and interpreting the
causes and circumstances of such occupation and other similar
occupations during a war.
(b) Eligibility.--The Secretary of the Interior may not award
to a person a grant under subsection (a) unless such person
submits an application to the Secretary for such grant, in such
time, manner, and form and containing such information as the
Secretary specifies.
SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For
purposes of carrying out sections 1703 and 1704, there are
authorized to be appropriated $126,000,000, to remain available
for obligation until September 30, 2013, to the Foreign Claims
Settlement Commission. Not more than 5 percent of funds made
available under this subsection shall be used for
administrative costs.
(b) Guam World War II Grants Program.--For purposes of
carrying out section 1705, there are authorized to be
appropriated $5,000,000, to remain available for obligation
until September 30, 2013.
----------
6. An Amendment To Be Offered by Representative Coffman, Mike of
Colorado, or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE EARTH NEODYMIUM
IRON BORON MAGNETS.
(a) Findings.--Congress finds the following:
(1) There is an urgent need to restore the United
States capability to manufacture sintered neodymium
iron boron magnets for use in defense applications and
there is an urgent need to eliminate the domestic
supply-chain vulnerability related to these key
materials in the defense supply-chain.
(2) An April 14, 2010 report by the Government
Accountability Office entitled ``Rare Earth Materials
in the Defense Supply Chain'' demonstrates--
(A) the ``United States is not currently
producing neodymium iron boron magnets,'' a key
rare earth material;
(B) that future availability of neodymium is
largely controlled by Chinese suppliers;
(C) that alternatives to rare earth materials
could reduce the demand and dependence on rare
earth materials in 10 to 15 years, but these
materials might not meet current application
requirements;
(D) where rare earth materials are used in
defense systems, the materials are responsible
for the functionality of the component and
would be difficult to replace without losing
performance;
(E) fin actuators used in precision-guided
munitions are specifically designed around the
capabilities of neodymium iron boron rare earth
magnets, which are primarily available from
Chinese suppliers;
(F) the DDG-51 Hybrid Electric Drive Ship
Program uses permanent-magnet motors using
neodymium magnets from China; and
(G) future generations of some defense system
components, such as transmit and receive
modules for radars, will continue to depend on
rare earth materials.
(3) The United States has the technological
capability to restore its neodymium iron boron
manufacturing capability.
(4) Worldwide supplies or rare earth materials,
including neodymium, are expected to tighten
significantly within the next 3-5 years.
(5) A domestic effort to restore domestic sintered
neodymium iron boron magnet manufacturing capability,
including efforts to qualify those magnets for use in
defense applications, will take between 3-5 years and
should begin immediately to avoid future weapon system
delivery disruption.
(b) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a plan to establish a domestic source of
sintered neodymium iron boron magnets for use in the defense
supply chain.
(c) Sintered Neodymium Iron Boron Magnets.--For the purposes
of subsection (b), the capability to manufacture sintered
neodymium iron boron magnets includes the alloying, pressing,
and sintering of magnet materials. It does not include
manufacturing magnets from standard shapes or imported blocks
of neodymium. The Secretary's plan shall not allow the grinding
or reprocessing of neodymium to be considered a ``domestic
source of sintered neodymium iron boron magnets''.
----------
7. An Amendment To Be Offered by Representative Shea-Porter, Carol of
New Hampshire or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title X, add the following new
section:
SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD REGIONS IN DEPARTMENTS
AND AGENCIES WITH INTERNATIONAL RESPONSIBILITIES.
(a) Study Required.--The President shall commission a study
to assess the need for and implications of a common alignment
of world regions in the internal organization of departments
and agencies of the Federal Government with international
responsibilities.
(b) Participating Departments and Agencies.--The following
departments and agencies, at a minimum, shall participate in
the study:
(1) The Department of Defense, including the
combatant commands.
(2) The Department of State.
(3) The United States Agency for International
Development.
(4) The Department of Justice.
(5) The Department of Commerce.
(6) The Department of the Treasury.
(7) The intelligence community.
(8) Such other departments and agencies as the
President considers appropriate.
(c) Cooperation and Access.--The heads of the departments and
agencies participating in the study shall provide full
cooperation with, and access to appropriate information to, the
team carrying out the study.
(d) Matters Covered.--The study required under subsection (a)
shall, at a minimum, assess--
(1) the problems resulting from different geographic
boundaries within the various departments and agencies;
(2) potential obstacles to implementing a common
alignment;
(3) the advantages and disadvantages of a common
alignment; and
(4) impediments to interagency coordination because
of differing regional authority levels.
(e) Report.--The President shall submit to Congress a report
on the study required under subsection (a) not later than 180
days after the date of the enactment of this Act.
----------
8. An Amendment To Be Offered by Representative Courtney, Joe of
Connecticut or His Designee, Debatable for 10 Minutes
SEC. 599(A). TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF
EDUCATION TO DEPARTMENT OF DEFENSE.
(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the Troops-to-Teachers
Program in chapter A of subpart 1 of part C of title II
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6671 et seq.), is transferred from the
Secretary of Education to the Secretary of Defense.
(2) Effective date.--The transfer under paragraph (1)
shall take effect on the first day of the first month
beginning more than 180 days after the date of the
enactment of this Act, or on such earlier date as the
Secretary of Education and the Secretary of Defense may
jointly provide.
(b) Enactment Of Program Authority in Title 10, United
States Code.--
(1) In general.--Chapter 58 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 1154. Assistance to eligible members and former members to
obtain employment as teachers: Troops-to-Teachers
Program
``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-
to-Teachers Program authorized by this section.
``(2) Member of the armed forces.--The term member of
the armed forces'' includes a former member of the
armed forces.
``(3) Charter school.--The term `charter school' has
the meaning given that term in section 5210 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7221i).
``(4) Additional terms.--The terms `elementary
school', `highly qualified teacher', `local educational
agency', `secondary school', and `state' have the
meanings given those terms in section 9101of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(b) Program Authorization.--The Secretary may carry out a
program (to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (d) to obtain certification or
licensing as elementary school teachers, secondary
school teachers, or vocational or technical teachers,
and to become highly qualified teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public
charter schools that the Secretary of Education
identifies as--
``(i) receiving grants under part A
of title I of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 6301 et. seq.) as a result of
having within their jurisdictions
concentrations of children from low-
income families; or
``(ii) experiencing a shortage of
highly qualified teachers, in
particular a shortage of science,
mathematics, special education, or
vocational or technical teachers; and
``(B) in elementary schools or secondary
schools, or as vocational or technical
teachers.
``(c) Placement Assistance and Referral Services.--The
Secretary may provide placement assistance and referral
services to members of the armed forces who meet the criteria
described in subsection (d), including meeting the education
qualification requirements under subsection (d)(3)(B). Such
members shall not be eligible for financial assistance under
paragraphs (3) and (4) of subsection (e).
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the
armed forces are eligible for selection to participate
in the Program:
``(A) Any member who--
``(i) on or after October 1, 1999,
becomes entitled to retired or retainer
pay under this title or title 14;
``(ii) has an approved date of
retirement that is within one year
after the date on which the member
submits an application to participate
in the Program; or
``(iii) has been transferred to the
Retired Reserve.
``(B) Any member who, on or after January 8,
2002--
``(i)(I) is separated or released
from active duty after six or more
years of continuous active duty
immediately before the separation or
release; or
``(II) has completed a total of at
least ten years of active duty service,
ten years of service computed under
section 12732 of this title, or ten
years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than
three years under paragraph (5)(B).
``(C) Any member who, on or after January 8,
2002, is retired or separated for physical
disability under chapter 61 of this title.
``(2) Submission of applications.--(A) Selection of
eligible members of the armed forces to participate in
the Program shall be made on the basis of applications
submitted to the Secretary within the time periods
specified in subparagraph (B). An application shall be
in such form and contain such information as the
Secretary may require.
``(B) An application shall be considered to be
submitted on a timely basis under subparagraph (A)(i),
(B), or (C) of paragraph (1) if the application is
submitted not later than four years after the date on
which the member is retired or separated or released
from active duty, whichever applies to the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A)
Subject to subparagraphs (B) and (C), the Secretary
shall prescribe the criteria to be used to select
eligible members of the armed forces to participate in
the Program.
``(B)(i) If a member of the armed forces is applying
for assistance for placement as an elementary school or
secondary school teacher, the Secretary shall require
the member to have received a baccalaureate or advanced
degree from an accredited institution of higher
education.
``(ii) If a member of the armed forces is applying
for assistance for placement as a vocational or
technical teacher, the Secretary shall require the
member--
``(I) to have received the equivalent of one
year of college from an accredited institution
of higher education and have six or more years
of military experience in a vocational or
technical field; or
``(II) to otherwise meet the certification or
licensing requirements for a vocational or
technical teacher in the State in which the
member seeks assistance for placement under the
Program.
``(C) A member of the armed forces is eligible to
participate in the Program only if the member's last
period of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member
selected to participate in the Program before the
retirement of the member or the separation or release
of the member from active duty may continue to
participate in the Program after the retirement,
separation, or release only if the member's last period
of service is characterized as honorable by the
Secretary concerned.
``(4) Selection priorities.--In selecting eligible
members of the armed forces to receive assistance under
the Program, the Secretary shall give priority to
members who--
``(A) have educational or military experience
in science, mathematics, special education, or
vocational or technical subjects; and
``(B) agree to seek employment as science,
mathematics, or special education teachers in
elementary schools or secondary schools or in
other schools under the jurisdiction of a local
educational agency.
``(5) Other conditions on selection.--
``(A) The Secretary may not select an
eligible member of the armed forces to
participate in the Program and receive
financial assistance unless the Secretary has
sufficient appropriations for the Program
available at the time of the selection to
satisfy the obligations to be incurred by the
United States under subsection (e) with respect
to the member.
``(B) The Secretary may not select an
eligible member of the armed forces described
in paragraph (1)(B)(i) to participate in the
Program under this section and receive
financial assistance under subsection (e)
unless the member executes a written agreement
to serve as a member of the Selected Reserve of
a reserve component of the armed forces for a
period of not less than three years (in
addition to any other reserve commitment the
member may have).
``(e) Participation agreement and financial assistance.--
``(1) Participation agreement.--(A) An eligible
member of the armed forces selected to participate in
the Program under subsection (b) and receive financial
assistance under this subsection shall be required to
enter into an agreement with the Secretary in which the
member agrees--
``(i) within such time as the Secretary may
require, to obtain certification or licensing
as an elementary school teacher, secondary
school teacher, or vocational or technical
teacher, and to become a highly qualified
teacher; and
``(ii) to accept an offer of full-time
employment as an elementary school teacher,
secondary school teacher, or vocational or
technical teacher for not less than three
school years with a high-need local educational
agency or public charter school, as such terms
are defined in section 2102 of the Elementary
and Secondary Education Act (20 U.S.C. 6602),
to begin the school year after obtaining that
certification or licensing.
``(B) The Secretary may waive the three-year
commitment described in subparagraph (A)(ii) for a
participant if the Secretary determines such waiver to
be appropriate. If the Secretary provides the waiver,
the participant shall not be considered to be in
violation of the agreement and shall not be required to
provide reimbursement under subsection (f), for failure
to meet the three-year commitment.
``(2) Violation of participation agreement;
exceptions.--A participant in the Program shall not be
considered to be in violation of the participation
agreement entered into under paragraph (1) during any
period in which the participant--
``(A) is pursuing a full-time course of study
related to the field of teaching at an
institution of higher education;
``(B) is serving on active duty as a member
of the armed forces;
``(C) is temporarily totally disabled for a
period of time not to exceed three years as
established by sworn affidavit of a qualified
physician;
``(D) is unable to secure employment for a
period not to exceed 12 months by reason of the
care required by a spouse who is disabled;
``(E) is a highly qualified teacher who is
seeking and unable to find full-time employment
as a teacher in an elementary school or
secondary school or as a vocational or
technical teacher for a single period not to
exceed 27 months; or
``(F) satisfies the provisions of additional
reimbursement exceptions that may be prescribed
by the Secretary.
``(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a
participant in the Program selected under this section
a stipend in an amount of not more than $5,000.
``(B) The total number of stipends that may
be paid under subparagraph (A) in any fiscal
year may not exceed 5,000.
``(4) Bonus for participants.--(A) Subject to
subparagraph (B), the Secretary may, in lieu of paying
a stipend under paragraph (3), pay a bonus of $10,000
to a participant in the Program selected under this
section who agrees in the participation agreement under
paragraph (1) to become a highly qualified teacher and
to accept full-time employment as an elementary school
teacher, secondary school teacher, or vocational or
technical teacher for not less than three school years
in a high-need school.
``(B) The total number of bonuses that may be paid
under subparagraph (A) in any fiscal year may not
exceed 3,000.
``(C) For purposes of subparagraph (A), the term
`high-need school' means a public elementary school,
public secondary school, or public charter school that
meets one or more of the following criteria:
``(i) At least 50 percent of the students
enrolled in the school were from low-income
families (as described in subsection
(b)(2)(A)(i)).
``(ii) The school has a large percentage of
students who qualify for assistance under part
B of the Individuals with Disabilities
Education Act (20 U.S.C. 1411 et. seq.).
``(5) Treatment of stipend and bonus.--A stipend or
bonus paid under this subsection to a participant in
the Program shall be taken into account in determining
the eligibility of the participant for Federal student
financial assistance provided under title IV of the
Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the
Program who is paid a stipend or bonus under this
subsection shall be required to repay the stipend or
bonus under the following circumstances:
``(A) The participant fails to obtain teacher
certification or licensing, to become a highly
qualified teacher, or to obtain employment as
an elementary school teacher, secondary school
teacher, or vocational or technical teacher as
required by the participation agreement under
subsection (e)(1).
``(B) The participant voluntarily leaves, or
is terminated for cause from, employment as an
elementary school teacher, secondary school
teacher, or vocational or technical teacher
during the three years of required service in
violation of the participation agreement.
``(C) The participant executed a written
agreement with the Secretary concerned under
subsection (d)(5)(B) to serve as a member of a
reserve component of the armed forces for a
period of three years and fails to complete the
required term of service.
``(2) Amount of reimbursement.--A participant
required to reimburse the Secretary for a stipend or
bonus paid to the participant under subsection (e)
shall pay an amount that bears the same ratio to the
amount of the stipend or bonus as the unserved portion
of required service bears to the three years of
required service. Any amount owed by the participant
shall bear interest at the rate equal to the highest
rate being paid by the United States on the day on
which the reimbursement is determined to be due for
securities having maturities of 90 days or less and
shall accrue from the day on which the participant is
first notified of the amount due.
``(3) Treatment of obligation.--The obligation to
reimburse the Secretary under this subsection is, for
all purposes, a debt owing the United States. A
discharge in bankruptcy under title 11 shall not
release a participant from the obligation to reimburse
the Secretary under this subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under
this subsection if the participant becomes permanently
totally disabled as established by sworn affidavit of a
qualified physician. The Secretary may also waive the
reimbursement in cases of extreme hardship to the
participant, as determined by the Secretary.
``(g) Relationship to Educational Assistance Under
Montgomery GI Bill.--The receipt by a participant in the
Program of a stipend or bonus under this subsection (e) shall
not reduce or otherwise affect the entitlement of the
participant to any benefits under chapter 30 or 33 of title 38
or chapter 1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through consortia
of states.--The Secretary may permit States
participating in the Program to carry out activities
authorized for such States under the Program through
one or more consortia of such States.
``(2) Assistance to states.--(A) Subject to
subparagraph (B), the Secretary may make grants to
States participating in the Program, or to consortia of
such States, in order to permit such States or
consortia of States to operate offices for purposes of
recruiting eligible members of the armed forces for
participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and
vocational or technical teachers.
``(B) The total amount of grants made under
subparagraph (A) in any fiscal year may not exceed
$5,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``1154. Troops-to-Teachers Program.''.
(c) Conforming Amendment.--Section 1142(b)(4)(C) of such
title is amended by striking ``under sections 1152 and 1153 of
this title and the Troops-to-Teachers Program under section
2302 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and
1154 of this title''.
(d) Termination of Original Program.--
(1) Termination.--
(A) Chapter A of subpart 1 of Part C of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 6671 et seq.) is repealed.
(B) The table of contents in section 2 of
Part I of the Elementary and Secondary
Education Act 1965 is amended by striking the
items relating to chapter A of subpart 1 of
Part C of said Act.
(2) Existing Agreements.--The repeal of such chapter
shall not affect the validity or terms of any agreement
entered into before the date of the enactment of this
Act under chapter A of subpart 1 of Part C of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6671 et seq.), or to pay assistance, make
grants, or obtain reimbursement in connection with such
an agreement as in effect before such repeal.
(e) Effective Date.--The amendments made by this section
shall take effect on the effective date of the transfer under
subsection (a).
SEC. 599B. ENHANCEMENTS TO THE TROOPS TO TEACHERS PROGRAM.
(a) Years of Service Requirements.--Subsection (d) of section
1154 title 10, United States Code, as added by section 599A, is
amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of
subparagraph (B);
(B) by striking the period at the end of
subparagraph (C) and inserting ``; or''; and
(C) by adding at the end the following new
subparagraph:
``(D) commencing on or after September 11,
2001, serves at least four years on active duty
(as such term is defined in section 101(d)(1)
of this title, except that such term does not
include a period of service described in
paragraphs (1) through (3) of section 3311(d)
of title 38) in the Armed Forces (excluding
service on active duty in entry level or skills
training) and, after completion of such
service, is discharged or released as follows:
``(i) A discharge from active duty in
the armed forces with an honorable
discharge.
``(ii) A release after service on
active duty in the armed forces
characterized by the Secretary
concerned as honorable service and
placement on the retired list, transfer
to the Fleet Reserve or Fleet Marine
Corps Reserve, or placement on the
temporary disability retired list.
``(iii) A release from active duty in
the armed forces for further service in
a reserve component of the armed forces
after service on active duty
characterized by the Secretary
concerned as honorable service.''; and
(b) Definition of Local Education Agency and Public Charter
Schools.--Such section is further amended as follows:
(1) Clause (i) of subsection (b)(2)(A) of such
section is amended to read as follows:
``(i) receiving grants under part A
of title I, a Bureau-funded school (as
such term is defined in section 1141 of
the Education Amendments of 1978 (25
U.S.C. 2021(3)), or public charter
school;''.
(2) In subsection (e)(1)(A)(ii), by striking ``or
public charter school receiving grants under part A of
title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6311 et seq.)'' and inserting
``receiving grants under part A of title I, a Bureau-
funded school (as such term is defined in section 1141
of the Education Amendments of 1978 (25 U.S.C. 2021(3))
or public charter school''.
(c) Troops to Teachers Advisory Board.--Such section is
further amended by adding at the end the following new
subsection:
``(f) Advisory Board.--
``(1) Establishment.--Not later than 120 days after
the date of enactment of section 1154 of this title,
the Secretary of Education and the Secretary of Defense
shall establish an advisory board composed of--
``(A) a representative from the Department of
Defense;
``(B) a representative from the Department of
Education;
``(C) representatives from 3 State offices
that operate to recruit eligible members of the
armed forces for participation in the Program
and facilitating the employment of participants
in the Program as elementary school teachers,
secondary school teachers, and vocational or
technical teachers; and
``(D) a representative from each of 3 veteran
service organizations.
``(2) Duties.--The advisory board established under
subsection (a) shall--
``(A) collect, consider, and disseminate
feedback from participants and State offices
described in subsection (a)(4) on--
``(i) the best practices for
improving recruitment of eligible
members of the Armed Forces in States,
local educational agencies, and public
charter schools under served by the
Program;
``(ii) ensuring that high-need local
educational agencies and public charter
schools are aware of the Program and
how to participate in it;
``(iii) coordinating the goals of the
Program with other Federal, State, and
local education needs and programs; and
``(iv) other activities that the
advisory board deems necessary; and
``(B) not later than 1 year after the date of
the enactment of section 1154 of this title,
and annually thereafter, prepare and submit a
report to the Committees on Health, Education,
Labor, and Pensions and Armed Services of the
Senate and the Committees on Education and
Labor and Armed Services of the House of
Representatives, which shall include--
``(i) information with respect to the
activities of the advisory board;
``(ii) information with respect to
the Program, including--
``(I) the number of
participants in the Program;
``(II) the number of States
participating in the Program;
``(III) local educational
agencies and schools in where
participants are employed;
``(IV) the grade levels at
which participants teach;
``(V) the academic subjects
taught by participants;
``(VI) rates of retention of
participants by the local
educational agencies and public
charter schools employing
participant;
``(VII) other demographic
information as may be necessary
to evaluate the effectiveness
of the program; and
``(VIII) a review of the
stipend and bonus available to
participants under paragraphs
(3) and (4)(A) of subsection
(d); and
``(iii) recommendations for--
``(I) improvements to local,
State, and Federal recruitment
and retention efforts;
``(II) legislative or
executive policy changes to
improve the Program, enhance
participant experience, and
increase participation in the
program; and
``(III) other changes
necessary to ensure that the
Program is meeting the purpose
described in subsection (b).''.
----------
9. An Amendment To Be Offered by Representative Giffords, Gabrielle of
Arizona or Her Designee, Debatable for 10 Minutes
Page 452, after line 10, insert the following:
SEC. 1065. SHARED INFORMATION REGARDING TRAINING EXERCISES.
The Secretary of Defense, acting through Joint Task Force
North, may share with the Department of Homeland Security and
the Department of Justice any data gathered during training
exercises.
----------
10. An Amendment To Be Offered by Representative Nye, Glenn of Virginia
or His Designee, Debatable for 10 Minutes
Page 79, after line 6, insert the following:
SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.
(a) Report.--Not later than March 1, 2011, the Secretary of
Defense shall submit to the appropriate congressional
committees a report on regional advanced technology clusters.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An analysis of regional advanced technology
clusters throughout the United States, including--
(A) an estimate of the amount of public and
private funding activities within each cluster;
(B) an assessment of the technical
competencies of each of these regional advanced
technology clusters;
(C) a comparison of the technical
competencies of each regional advanced
technology cluster with the technology needs of
the Department of Defense; and
(D) a review of current Department of Defense
interaction, cooperation, or investment in
regional advanced technology clusters.
(2) A strategic plan for encouraging the development
of innovative, advanced technologies, such as robotics
and autonomous systems, to address national security,
homeland security, and first responder challenges by--
(A) enhancing regional advanced technology
clusters that support the technology needs of
the Department of Defense; and
(B) identifying and assisting the expansion
of additional new regional advanced technology
clusters to foster research and development
into emerging, disruptive technologies
identified through strategic planning documents
of the Department of Defense.
(3) An identification of the resources needed to
establish, sustain, or grow regional advanced
technology clusters.
(4) An identification of mechanisms for collaborating
and cost sharing with other state, local, and Federal
agencies with respect to regional advanced technology
clusters, including any legal impediments that may
inhibit collaboration or cost sharing.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means the following:
(A) The Committees on Armed Services,
Appropriations, and Small Business of the House
of Representatives.
(B) The Committees on Armed Services,
Appropriations, and Small Business and
Entrepreneurship of the Senate.
(2) The term ``regional advanced technology cluster''
means geographic centers focused on building science
and technology-based innovation capacity in areas of
local and regional strength to foster economic growth
and improve quality of life.
----------
11. An Amendment To Be Offered by Representative Kratovil, Jr., Frank
of Maryland or His Designee, Debatable for 10 Minutes
SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MIRANDA WARNINGS TO AL
QAEDA TERRORISTS.
None of the funds authorized to be appropriated in this Act
or otherwise made available to the Department of Defense shall
be used in violation of section 1040 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123
Stat. 2454; 10 U.S.C. 801 note).
----------
12. An Amendment To Be Offered by Representative Owens, Bill of New
York or His Designee, Debatable for 10 Minutes
Page 27, line 3, strike ``and''.
Page 27, line 8, strike the period and insert ``; and''.
Page 27, after line 8, strike insert the following:
(5) for each item included in the list of equipment
described in paragraph (3)--
(A) an updated average procurement unit cost
for each year of the covered five-year period;
and
(B) the updated total Army acquisition
objective.
----------
13. An Amendment To Be Offered by Representative McGovern, James of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle F of title X, the following:
SEC. 1065. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND FEDERAL CHILD
NUTRITION PROGRAMS.
(a) Findings.--Congress find the following:
(1) According to the April 2010 report, ``Too Fat to
Fight'', more than 100 retired generals and admirals
wrote that, ``[o]besity among children and young adults
have increased so dramatically that they threaten not
only the overall health of America but the future
strength of our military.''
(2) Twenty-seven percent, over 9,000,000, 17-24-year-
olds in the United States are too fat to serve in the
military.
(3) Between 1995 and 2008, the military had 140,000
individuals who showed up at the centers for processing
but failed their entrance physicals because they were
too heavy.
(4) Being overweight is now the leading medical
reason for rejection from military service.
(5) Between 1995 and 2008, the proportion of
potential recruits who failed their physicals each year
because they were overweight rose nearly 70 percent.
(6) The military annually discharges over 1,200
first-term enlistees before their contracts are up
because of weight problems.
(7) The military must then recruit and train their
replacements at a cost of $50,000 for each man or
woman.
(8) Training replacements for those discharged
because of weight problems adds up to more than
$60,000,000 annually.
(10) Overweight adolescents are more likely to become
overweight adults.
(11) Overweight adolescents and overweight adults are
at risk of developing obesity-related, life-threatening
diseases including cancer, type 2 diabetes, stroke,
heart disease, arthritis, and breathing problems.
(12) According to the American Public Health
Association, ``left unchecked, obesity will add nearly
$344 billion to the nations annual health care costs by
2018 and account for more than 21 percent of health
care spending''.
(13) Overweight and undernourished adolescents face
academic challenges due to poor health behaviors,
resulting in even greater risk to their future health
and earing and the Nation's economic growth and
worldwide competition.
(14) For decades military leaders have championed
efforts to improve the nutrition of young people in
America.
(15) During World War II, 40 percent of rejected
recruits were turned away because of poor or under
nutrition.
(16) The preamble to the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751) states ``It is hereby
declared to be the policy of Congress, as a measure of
national security, to safeguard the health and well-
being of the Nation's children and to encourage the
domestic consumption of nutritious agricultural
commodities and other food, by assisting the States,
through grants in aid and other means, in providing an
adequate supply of food and other facilities for the
establishment, maintenance, operation and expansion of
nonprofit school lunch programs''.
(17) Over 17 million children were food insecure, or
hungry, in 2008, according to data collected by the
Department of Agriculture.
(18) The Federal Child Nutrition Programs under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) are proven to be effective in
combating both hunger and obesity.
(19) President Obama has called for a historic
investment in the Federal Child Nutrition Programs in
order to respond to 2 of the greatest child health
challenges of our time, hunger and poor nutrition.
(20) Two hundred twenty-one Members of Congress
signed a letter to Speaker Pelosi in support of
President Obama's budget request for the Federal Child
Nutrition Programs.
(21) This same letter requested identification of
possible offsets for the new investments in these
important anti-hunger and nutrition programs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) reducing domestic childhood obesity and hunger is
a matter of national security;
(2) obesity and hunger will continue to negatively
impact recruitment for Armed Forces without access to
physical activity, healthy food, and proper nutrition;
(3) Congress should act to reduce childhood obesity
and hunger;
(4) the Federal Child Nutrition Programs under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.) should be funded at the
President's request; and
(5) the increases in funding for such programs should
be properly offset.
----------
14. An Amendment To Be Offered by Representative McGovern, James of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following new
section:
SEC. 12XX. LIMITATION ON AVAILABILITY OF FUNDS FOR ELECTIONS IN
AFGHANISTAN.
(a) Limitation.--No funds authorized to be appropriated by
this Act may be made available to support the holding of
elections in Afghanistan unless and until the President submits
a certification described in subsection (b) to the
congressional officials specified in subsection (c).
(b) Certification Described.--A certification described in
this subsection is certification in writing that contains a
determination of the President of the following:
(1) The Afghanistan Independent Election Commission
has the professional capacity, personnel, skills,
independence, and legal authority to conduct and
oversee free, fair, and honest elections.
(2) The Afghanistan Independent Election Commission,
to the extent possible, has been purged of all members
and staff who committed or were otherwise participants
in any fraud of the 2009 presidential elections,
including covering up the electoral fraud or otherwise
were negligent in investigating allegations of
electoral fraud.
(3) The Afghan Electoral Complaints Commission is a
genuinely independent body with all the authorities
that were invested in it under Afghanistan law as of
December 31, 2009, and with no members appointed by
President Hamid Karzai.
(c) Congressional Officials Specified.--The congressional
officials specified in this subsection are the following:
(1) The Speaker and minority leader of the House of
Representatives.
(2) The majority leader and minority leader of the
Senate.
(3) The Chairman and ranking member of the Committee
on Armed Services and the Chairman and ranking member
of the Committee on Foreign Affairs of the House of
Representatives.
(4) The Chairman and ranking member of the Committee
on Armed Services and the Chairman and ranking member
of the Committee on Foreign Relations of the Senate.
----------
15. An Amendment To Be Offered by Representative Hastings, Alcee of
Florida or His Designee, Debatable for 10 Minutes
At the end of title XII, add the following:
SEC. 1237. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED STATES.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, the Attorney General,
the Secretary of Homeland Security, the Administrator of the
United States Agency for International Development, and the
heads of other appropriate Federal agencies (as determined by
the Secretary of Defense), shall submit to the Congress a
report containing the information described in subsection (b).
In preparing such report, the Secretary of Defense shall use
available information from organizations and entities closely
associated with the United States mission in Iraq that have
received United States Government funding through an official
and documented contract, award, grant, or cooperative
agreement.
(b) Information.--The information described in this
subsection is the following:
(1) The number of Iraqis who were or are employed by
the United States Government in Iraq or who are or were
employed in Iraq by an organization or entity closely
associated with the United States mission in Iraq that
has received United States Government funding through
an official and documented contract, award, grant, or
cooperative agreement.
(2) The number of Iraqis who have applied--
(A) for resettlement in the United States as
a refugee under section 1243 of the Refugee
Crisis in Iraq Act of 2007 (subtitle C of title
XII of division A of Public Law 110-181; 122
Stat. 395 et seq.); or
(B) to enter the United States as a special
immigrant under section 1244 of such Act.
(3) The status of each application described in
paragraph (2).
(4) The estimated number of individuals described in
paragraph (1) who have been injured or killed in Iraq.
(c) Expedited Processing.--The Secretary of Defense, the
Secretary of State, and the Secretary of Homeland Security
shall develop a plan using the report submitted under
subsection (a) to expedite the processing of the applications
described in subsection (b)(2) in the case of Iraqis at risk as
the United States withdraws from Iraq.
----------
16. An Amendment To Be Offered by Representative Sessions, Pete of
Texas or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VII, insert the following:
SEC. 7__. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE
ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN
INJURY AND POST-TRAUMATIC STRESS DISORDER.
(a) Payment Process.--The Secretary of Defense and the
Secretary of Veterans Affairs shall carry out a five-year pilot
program under which each such Secretary shall establish a
process through which each Secretary shall provide payment for
treatments (including diagnostic testing) of traumatic brain
injury or post-traumatic stress disorder received by members of
the Armed Forces and veterans in health care facilities other
than military treatment facilities or Department of Veterans
Affairs medical facilities. Such process shall provide that
payment be made directly to the health care facility furnishing
the treatment.
(b) Conditions for Payment.--The approval by a Secretary for
payment for a treatment pursuant to subsection (a) shall be
subject to the following conditions:
(1) Any drug or device used in the treatment must be
approved or cleared by the Food and Drug Administration
for any purpose.
(2) The treatment or study protocol used in treating
the member or veteran must have been approved by an
institutional review board operating in accordance with
regulations issued by the Secretary of Health and Human
Services.
(3) The approved treatment or study protocol
(including any patient disclosure requirements) must be
used by the health care provider delivering the
treatment.
(4) The patient receiving the treatment or study
protocol must demonstrate an improvement as a result of
the treatment on one or more of the following:
(A) Standardized independent pre-treatment
and post-treatment neuropsychological testing.
(B) Accepted survey instruments.
(C) Neurological imaging.
(D) Clinical examination.
(5) The patient receiving the treatment or study
protocol must be receiving the treatment voluntarily.
(6) The patient receiving the treatment may not be a
retired member of the uniformed services or of the
Armed Forces who is entitled to benefits under part A,
or eligible to enroll under part B, of title XVIII of
the Social Security Act.
(c) Additional Restrictions Prohibited.--Except as provided
in this subsection (b), no restriction or condition for
reimbursement may be placed on any health care provider that is
operating lawfully under the laws of the State in which the
provider is located with respect to the receipt of payment
under this Act.
(d) Payment Deadline.--The Secretary of Defense and the
Secretary of Veterans Affairs shall make a payment for a
treatment or study protocol pursuant to subsection (a) not
later than 30 days after a member of the Armed Forces or
veteran (or health care provider on behalf of such member or
veteran) submits to the Secretary documentation regarding the
treatment or study protocol. The Secretary of Defense and the
Secretary of Veterans Affairs shall ensure that the
documentation required under this subsection may not be an
undue burden on the member of the Armed Forces or veteran or on
the health care provider.
(e) Payment Source.--Subsection (c)(1) of section 1074 of
title 10, United States Code, shall apply with respect to the
payment by the Secretary of Defense for treatment or study
protocols pursuant to subsection (a) of traumatic brain injury
and post-traumatic stress disorder received by members of the
Armed Forces.
(f) Payment Amount.--A payment under this Act shall be made
at the equivalent Centers for Medicare and Medicaid Services
reimbursement rate in effect for appropriate treatment codes
for the State or territory in which the treatment or study
protocol is received. If no such rate is in effect, payment
shall be made at a fair market rate, as determined by the
Secretary of Defense, in consultation with the Secretary of
Health and Human Services, with respect to a patient who is a
member of the Armed Forces or the Secretary of Veterans Affairs
with respect to a patient who is a veteran.
(g) Data Collection and Availability.--
(1) In general.--The Secretary of Defense and the
Secretary of Veterans Affairs shall jointly develop and
maintain a database containing data from each patient
case involving the use of a treatment under this
section. The Secretaries shall ensure that the database
preserves confidentiality and be made available only--
(A) for third-party payer examination;
(B) to the appropriate congressional
committees and employees of the Department of
Defense, the Department of Veterans Affairs,
the Department of Health and Human Services,
and appropriate State agencies; and
(C) to the primary investigator of the
institutional review board that approved the
treatment or study protocol, in the case of
data relating to a patient case involving the
use of such treatment or study protocol.
(2) Enrollment in institutional review board study.--
In the case of a patient enrolled in a registered
institutional review board study, results may be
publically distributable in accordance with the
regulations prescribed pursuant to the Health Insurance
Portability and Accountability Act of 1996 (Public Law
104-191) and other regulations and practices in effect
as of the date of the enactment of this Act.
(3) Qualified institutional review boards.--The
Secretary of Defense and the Secretary of Veterans
Affairs shall each ensure that the Internet website of
their respective departments includes a list of all
civilian institutional review board studies that have
received a payment under this Act.
(h) Assistance for Members To Obtain Treatment.--
(1) Assignment to temporary duty.--The Secretary of a
military department may assign a member of the Armed
Forces under the jurisdiction of the Secretary to
temporary duty or allow the member a permissive
temporary duty in order to permit the member to receive
treatment or study protocol for traumatic brain injury
or post-traumatic stress disorder, for which payments
shall be made under subsection (a), at a location
beyond reasonable commuting distance of the member's
permanent duty station.
(2) Payment of per diem.--A member who is away from
the member's permanent station may be paid a per diem
in lieu of subsistence in an amount not more than the
amount to which the member would be entitled if the
member were performing travel in connection with a
temporary duty assignment.
(3) Gift rule waiver.--Notwithstanding any rule of
any department or agency with respect to ethics or the
receipt of gifts, any assistance provided to a member
of the Armed Forces with a service-connected injury or
disability for travel, meals, or entertainment
incidental to receiving treatment or study protocol
under this Act, or for the provision of such treatment
or study protocol, shall not be subject to or covered
by any such rule.
(i) Retaliation Prohibited.--No retaliation may be made
against any member of the Armed Forces or veteran who receives
treatment or study protocol as part of registered institutional
review board study carried out by a civilian health care
practitioner.
(j) Treatment of University and Nationally Accredited
Institutional Review Boards.--For purposes of this Act, a
university-affiliated or nationally accredited institutional
review board shall be treated in the same manner as a
Government institutional review board.
(k) Memoranda of Understanding.--The Secretary of Defense and
the Secretary of Veterans Affairs shall seek to expeditiously
enter into memoranda of understandings with civilian
institutional review boards described in subsection (j) for the
purpose of providing for members of the Armed Forces and
veterans to receive treatment carried out by civilian health
care practitioners under a treatment or study protocol approved
by and under the oversight of civilian institutional review
boards that would qualify for payment under this Act.
(l) Outreach Required.--
(1) Outreach to veterans.--The Secretary of Veterans
Affairs shall notify each veteran with a service-
connected injury or disability of the opportunity to
receive treatment or study protocol pursuant to this
Act.
(2) Outreach to members of the armed forces.--The
Secretary of Defense shall notify each member of the
Armed Forces with a service-connected injury or
disability of the opportunity to receive treatment or
study protocol pursuant to this Act.
(m) Report to Congress.--Not later than 30 days after the
last day of each fiscal year during which the Secretary of
Defense and the Secretary of Veterans Affairs are authorized to
make payments under this Act, the Secretaries shall jointly
submit to Congress an annual report on the implementation of
this Act. Such report shall include each of the following for
that fiscal year:
(1) The number of individuals for whom the Secretary
has provided payments under this Act.
(2) The condition for which each such individual
receives treatment for which payment is provided under
this Act and the success rate of each such treatment.
(3) Treatment methods that are used by entities
receiving payment provided under this Act and the
respective rate of success of each such method.
(4) The recommendations of the Secretaries with
respect to the integration of treatment methods for
which payment is provided under this Act into
facilities of the Department of Defense and Department
of Veterans Affairs.
(n) Termination.--The authority to make a payment under this
Act shall terminate on the date that is five years after the
date of the enactment of this Act.
(o) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this Act $10,000,000 for each
fiscal year during which the Secretary of Veterans Affairs and
the Secretary of Defense are authorized to make payments under
this Act.
----------
17. An Amendment To Be Offered by Representative Polis, Jared of
Colorado or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, add the following new
section:
SEC. 3_. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of
2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting
``(a) Requirement.--Except as provided in subsection
(b), no Federal agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal
agency from entering into a contract to purchase a generally
available fuel that is not an alternative or synthetic fuel or
predominantly produced from a nonconventional petroleum source,
if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel
or fuel from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a
nonconventional petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to
use or increase its use of fuel from a nonconventional
petroleum source.''.
----------
18. An Amendment To Be Offered by Representative Dingell, John of
Michigan or His Designee, Debatable for 10 Minutes.
Page 84, after line 24, insert the following:
SEC. 315. INFORMATION SHARING RELATING TO INVESTIGATION OF EXPOSURE TO
DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH
CAROLINA.
(a) Findings.--Congress makes the following findings:
(1) The Secretary of the Navy and Commandant of the
Marine Corps are responsible for the identification and
timely sharing of all relevant records relating to the
Camp Lejeune base-wide drinking-water systems,
including all records of which the Agency for Toxic
Substances and Disease Registry (hereinafter in this
section referred to as the ``ATSDR'') may not be aware
and all records that are in the possession of the
Department of Defense, and all contractors, sub-
contractors, and consultants of the Department but may
no longer be located at the Camp Lejeune base.
(2) On April 28, 2009, during a Camp Lejeune
Community Assistance Panel (hereinafter in this section
referred to as ``CAP'') meeting, it was stated by the
ATSDR that it had recently discovered electronic data
on a ``hundred or more underground storage and above-
ground storage tanks'' housed on a Naval Facilities
Engineering Command Internet web portal.
(3) This revelation occurred after the ATSDR
requested in 2005 that all relevant data for its health
studies be turned over from the Department of Defense
to the agency, and the response by the Department's CAP
representative was that the information was ``not new,
just newly found.''
(4) On March 22, 2010, the ATSDR stated in a letter
to the Navy and Marine Corps that the ATSDR was
informed for the first time of an electronic database
containing approximately 700,000 records of analytical
data.
(5) In a response letter, dated March 26, 2010, the
Navy stated that ``the Marine Corps is neither in a
position to determine the relevance of information nor
does it have the subject matter expertise to determine
the relevance of documents in all cases.''.
(6) It is necessary that the Secretary of the Navy be
required to add or assign personnel with the relevant
expertise to complete the transfer of all documents and
materials pertaining to the contaminated drinking water
at Camp Lejeune.
(7) Discovery of such records must not rely on
specific requests from the ATSDR but on a shared goal
of ensuring the scientific accuracy of the current
health study and the responsibility of the Secretary of
Defense to provide such information.
(b) Requirement.--By not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
provide ATSDR with an electronic inventory of all existing
documents, records, and electronic data pertaining to the
CERCLA listed and RCRA listed contamination sites at Camp
Lejeune and all existing documents, records, and electronic
data pertaining to the contaminated drinking water at Camp
Lejeune. If after the date of enactment of this Act, the
Secretary of Defense generates new documents, records and
electronic data, or comes into possession of existing
documents, records or electronic data not previously included
in the electronic inventory, the Secretary of the Navy shall
provide ATSDR with an updated electronic inventory
incorporating the newly located or generated documents, records
and electronic data. The Secretary of the Navy shall ensure
that Department of Defense personnel with appropriate
experience and expertise, including in the area of
environmental engineering and the conduct of water modeling,
working in conjunction with ATSDR, are utilized to identify,
compile, and submit existing and new documents, records, and
electronic data in Navy and Marine Corps records and electronic
libraries that would assist the ATSDR in gathering data
relating to the contamination and remediation of Camp Lejeune
base-wide drinking-water systems.
----------
19. An Amendment To Be Offered by Representative Conyers Jr., John of
Michigan or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following new
section:
SEC. 12XX. REPORT ON THE STRATEGIC IMPLICATIONS OF THE SUCCESSFUL
NEGOTIATION OF AN INCIDENTS AT SEA AGREEMENT
BETWEEN THE UNITED STATES AND THE GOVERNMENT OF
IRAN.
(a) Report Required.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report evaluating naval
security in the Persian Gulf and the Strait of Hormuz.
(b) Matters to Be Included.--The report required under
subsection (a) shall include an assessment of the strategic
benefits of the successful negotiation of a multilateral or
bilateral Incidents at Sea military-to-military agreement
including the United States and the Government of Iran aimed at
defusing tension and preventing accidental naval conflict in
the Persian Gulf and the Strait of Hormuz. Such an assessment
should consider and evaluate the effect that such an agreement
might have on commercial, military, and other naval traffic in
the region, as well as other United States regional strategic
interests.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
20. An Amendment To Be Offered by Representative Burton, Dan of Indiana
or His Designee, Debatable for 10 Minutes
Page 452, after line 10, insert the following:
SEC. 1065. SENSE OF CONGRESS REGARDING PRESIDENTIAL LETTERS OF
CONDOLENCE TO THE FAMILIES OF MEMBERS OF THE ARMED
FORCES WHO HAVE DIED BY SUICIDE.
(a) Findings.--Congress finds that--
(1) suicide is a growing problem in the Armed Forces
that cannot be ignored;
(2) a record number of military suicides was reported
in 2008, with 128 active-duty Army and 48 Marine deaths
reported;
(3) the number of military suicides during 2009 is
expected to equal or exceed the 2008 total;
(4) long-standing policy prevents President Obama
from sending a condolence letter to the family of a
member of the Armed Forces who has died by suicide;
(5) members of the Armed Forces sacrifice their
physical, mental, and emotional well-being for the
freedoms Americans hold dear;
(6) the military family also bears the cost of
defending the United States, with military spouses and
children sacrificing much and standing ready to provide
unending support to their spouse or parent who is a
member of the Armed Forces;
(7) the loss of a member of the Armed Forces to
suicide directly and tragically affects military
spouses and children, as well as the United States;
(8) much more needs to be done to protect and address
the mental health needs of members of the Armed Forces,
just as they serve to protect and defend the freedoms
of the United States;
(9) a presidential letter of condolence is not only
about the deceased because it also serves as a sign of
respect for the grieving family and an acknowledgment
of the family for their personal loss; and
(10) a lack of acknowledgment and condolence from the
President only leaves these families with an emotional
vacuum and a feeling that somehow their sacrifices have
been less than the sacrifices of others.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the current policy that prohibits sending a
presidential letter of condolence to the family of a
member of the Armed Forces who has died by suicide only
serves to perpetuate the stigma of mental illness that
pervades the Armed Forces; and
(2) the President, as Commander-in-Chief, should
overturn the policy and treat all military families
equally.
----------
21. An Amendment To Be Offered by Representative Gutierrez, Luis of
Illinois or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. DEBARMENT OF BP AND ITS SUBSIDIARIES.
(a) Contracts With BP and Its Subsidiaries.--If the Secretary
of Defense determines that BP or any of its subsidiaries
performing any contract with the Department of Defense is no
longer a responsible source (as defined in section 2302 of
title 10, United States Code), the Secretary shall determine,
not later than 90 days after making such determination, whether
BP or its subsidiaries should be debarred from contracting with
the Department of Defense.
(b) Debar.--In this section, the term ``debar'' has the
meaning given that term by section 2393(c) of title 10, United
States Code.
----------
22. An Amendment To Be Offered by Representative Holden, Tim of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.
(a) Army.--
(1) In general.--Chapter 357 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 3757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Army shall issue a
badge of appropriate design, to be known as the Combat Medevac
Badge, to each person who while a member of the Army served in
combat on or after June 25, 1950, as a pilot or crew member of
a helicopter medical evacuation ambulance and who meets the
requirements for the award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Army
shall prescribe requirements for eligibility for the Combat
Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``3757. Combat Medevac Badge''.
(b) Navy and Marine Corps.--
(1) In general.--Chapter 567 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 6259. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Navy shall issue a
badge of appropriate design, to be known as the Combat Medevac
Badge, to each person who while a member of the Navy or Marine
Corps served in combat on or after June 25, 1950, as a pilot or
crew member of a helicopter medical evacuation ambulance and
who meets the requirements for the award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Navy
shall prescribe requirements for eligibility for the Combat
Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``6259. Combat Medevac Badge''.
(c) Air Force.--
(1) In general.--Chapter 857 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 8757. Combat Medevac Badge
``(a) Issuance.--The Secretary of the Air Force shall issue a
badge of appropriate design, to be known as the Combat Medevac
Badge, to each person who while a member of the Air Force
served in combat on or after June 25, 1950, as a pilot or crew
member of a helicopter medical evacuation ambulance and who
meets the requirements for the award of that badge.
``(b) Eligibility Requirements.--The Secretary of the Air
Force shall prescribe requirements for eligibility for the
Combat Medevac Badge.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``8757. Combat Medevac Badge''.
(d) Award for Service Before Date of Enactment.--In the case
of persons who, while a member of the Armed Forces, served in
combat as a pilot or crew member of a helicopter medical
evacuation ambulance during the period beginning on June 25,
1950, and ending on the date of enactment of this Act, the
Secretary of the military department concerned shall issue the
Combat Medevac Badge--
(1) to each such person who is known to the Secretary
before the date of enactment of this Act; and
(2) to each such person with respect to whom an
application for the issuance of the badge is made to
the Secretary after such date in such manner, and
within such time period, as the Secretary may require.
----------
23. An Amendment To Be Offered by Representative Pomeroy, Earl of North
Dakota or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title V, add the following new
section:
SEC. 5__. CODIFICATION AND CONTINUATION OF JOINT FAMILY SUPPORT
ASSISTANCE PROGRAM.
(a) Codification and Continuation.--Chapter 88, of title 10,
United States Code, is amended by inserting after section 1788
the following new section:
``Sec. 1788a. Joint Family Support Assistance Program
``(a) Program Required.--The Secretary of Defense shall
continue to carry out the program known as the `Joint Family
Support Assistance Program' for the purpose of providing to
families of members of the armed forces the following types of
assistance:
``(1) Financial and material assistance.
``(2) Mobile support services.
``(3) Sponsorship of volunteers and family support
professionals for the delivery of support services.
``(4) Coordination of family assistance programs and
activities provided by Military OneSource, Military
Family Life Consultants, counselors, the Department of
Defense, other Federal agencies, State and local
agencies, and non-profit entities.
``(5) Facilitation of discussion on military family
assistance programs, activities, and initiatives
between and among the organizations, agencies, and
entities referred to in paragraph (4).
``(6) Non-medical counseling.
``(7) Such other assistance that the Secretary
considers appropriate.
``(b) Locations.--The Secretary of Defense shall carry out
the program in at least six areas of the United States selected
by the Secretary. Up to three of the areas selected for the
program shall be areas that are geographically isolated from
military installations.
``(c) Resources and Volunteers.--The Secretary of Defense
shall provide personnel and other resources of the Department
of Defense necessary for the implementation and operation of
the program and may accept and utilize the services of non-
Government volunteers and non-profit entities under the
program.
``(d) Procedures.--The Secretary of Defense shall establish
procedures for the operation of the program and for the
provision of assistance to families of members of the Armed
Forces under the program.
``(e) Relation to Family Support Centers.--The program is not
intended to operate in lieu of other family support centers,
but is instead intended to augment the activities of the family
support centers.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of such chapter is amended by
inserting after the item relating to section 1788a the
following new item:
``1788a. Joint Family Support Assistance Program.''.
(c) Repeal of Superceded Provision.--Section 675 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is
repealed.
----------
24. An Amendment To Be Offered by Representative Jackson Lee, Sheila of
Texas or Her Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND
DISADVANTAGED-OWNED SMALL BUSINESSES.
Not later than December 1, 2010, the Secretary of Defense
shall provide to the Congressional Black Caucus a report that
includes a list of minority-owned, women-owned, and
disadvantaged-owned small businesses that receive contracts
resulting from authorized funding to the Department of Defense.
The list shall cover the 10 calendar years preceding the date
of the enactment of this Act and shall include, for each listed
business, the name of the business and the business owner and
the amount of the contract award.
----------
25. An Amendment To Be Offered by Representative Jackson Lee, Sheila of
Texas or Her Designee, Debatable for 10 Minutes
Page 284, after line 22, insert the following:
SEC. 727. POST-TRAUMATIC STRESS DISORDER COUNSELING FOR CIVILIAN
VICTIMS OF THE FORT HOOD SHOOTING AND OTHER SIMILAR
INCIDENTS.
The Secretary of Defense shall make available to each
civilian victim of a shooting on a military installation in the
United States, including the shooting at Fort Hood on November
5, 2009, extensive counseling for post-traumatic stress
disorder.
----------
26. An Amendment To Be Offered by Representative Latham, Tom of Iowa or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title VI, add the following new
section:
SEC. 6__. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS FOR
RETIRED PAY FOR NON-REGULAR SERVICE.
It is the sense of Congress that--
(1) the amendments made to section 12731 of title 10,
United States Code, by section 647 of the National
Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 160) were intended to reduce the
minimum age at which members of a reserve component of
the Armed Forces would begin receiving retired pay
according to time spent deployed, by three months for
every 90-day period spent on active duty over the
course of a career, rather than limiting qualifying
time to such periods wholly served within the same
fiscal year, as interpreted by the Department of
Defense; and
(2) steps should be taken to correct this erroneous
interpretation by the Department of Defense in order to
ensure reserve component members receive the full
retirement benefits intended to be provided by such
section 12731.
----------
27. An Amendment To Be Offered by Representative Kennedy, Patrick of
Rhode Island or His Designee, Debatable for 10 Minutes
Page 274, after line 13, insert the following:
(E) neurology;
Page 274, line 14, strike ``(E)'' and insert ``(F)''.
Page 274, line 15, strike ``(F)'' and insert ``(G)''.
Page 274, line 16, strike ``(G)'' and insert ``(H)''.
Page 274, line 17, strike ``(H)'' and insert ``(I)''.
----------
28. An Amendment To Be Offered by Representative Etheridge, Bob of
North Carolina or His Designee, Debatable for 10 Minutes
Page 633, after line 10, add the following:
SEC. 2815. CLARIFICATION OF AUTHORITY OF SECRETARY TO ASSIST WITH
DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN CONNECTION
WITH THE ESTABLISHMENT OR EXPANSION OF A MILITARY
INSTALLATION.
Section 2391(b) of title 10, United States Code, is amended--
(1) in paragraph (1), by adding at the end the
following:
``If the proposed or actual establishment or expansion
of a military installation would otherwise qualify a
State or local government for assistance under this
paragraph and is the result of base realignment and
closure activities authorized by the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687
note), the Secretary may make grants, conclude
cooperative agreements, and supplement funds available
under Federal programs administered by agencies other
than the Department of Defense in order to assist the
State or local government with development of the
public infrastructure (including construction) required
by the proposed or actual establishment or
expansion.''; and
(2) in paragraph (5)(A), by striking ``in planning
community adjustments and economic diversification''
and inserting ``as provided in paragraph (1)''.
----------
29. An Amendment To Be Offered by Representative Pascrell Jr., Bill of
New Jersey or His Designee, Debatable for 10 Minutes
Page 279, after line 16, insert the following:
(e) Cognitive Impairment Screenings.--Until the comprehensive
policy under subsection (a) is implemented, the Secretary shall
use the same cognitive screening tool for pre-deployment and
post-deployment screening to compare new data to previous
baseline data for the purposes of detecting cognitive
impairment (as described in section 1618(e)(6) of the Wounded
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note)) for each member of the Armed Forces--
(1) who returns from a deployment in support of a
contingency operation; and
(2) who completed a neurocognitive assessment prior
to the implementation of a new pre-deployment and post-
deployment screening tool.
(f) Conclusion of Studies on Cognitive Assessment Tools.--Not
later than September 30, 2011, the Secretary of Defense shall
complete any outstanding comparative studies on the
effectiveness of various cognitive screening tools, including
existing tools used for pre-deployment and post-deployment
screenings, for the implementation of the comprehensive policy
under subsection (a).
----------
30. An Amendment To Be Offered by Representative Shadegg, John of
Arizona or His Designee, Debatable for 10 Minutes
Page 260, after line 19, insert the following:
SEC. 674. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX
OFFENSES FROM RECEIVING CERTAIN BURIAL-RELATED
BENEFITS AND FUNERAL HONORS.
(a) Prohibition Against Interment or Memorialization in
National Cemetery Administration, Arlington National Cemetery,
and Certain State Veterans' Cemeteries; Prohibition Against
Provision of Presidential Memorial Certificate, Flag, and
Headstone or Marker.--Section 2411(b) of title 38, United
States Code, is amended by adding at the end the following new
paragraph:
``(4) A person who is classified as a tier III sex
offender under the Sex Offender Registration and
Notification Act.''.
(b) Rule of Construction.--Nothing in this Act shall be
construed to terminate any benefit available to any person
except those benefits specifically terminated by the amendment
made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to interments and memorializations
that occur on or after the date of the enactment of this Act.
(d) Constitutional Authority.--The constitutional authority
on which this section rests is the power of Congress to make
rules for the government and regulation of the land and naval
forces, as enumerated in article I, section 8, clause 14 of the
United States Constitution.
----------
31. An Amendment To Be Offered by Representative Lee, Barbara of
California or Her Designee, Debatable for 10 Minutes
Page 323, after line 11, insert the following:
SEC. 839. SENSE OF CONGRESS REGARDING COST SAVINGS THROUGH REDUCTIONS
IN WASTE, FRAUD, AND ABUSE.
(a) Findings.--Congress finds the following:
(1) The Secretary of Defense has undertaken
meaningful efforts to eliminate waste, fraud, and abuse
through contractor oversight and new policies and
procedures aimed at increasing emphasis on ethics,
governance, and fraud prevention.
(2) The Government Accountability Office report dated
December 16, 2009, on the status of 3,099
recommendations made to the Department of Defense by
the Government Accountability Office between 2001 and
2008, indicates that the Department of Defense has
implemented 1,871, or 61 percent, of the
recommendations.
(3) The Government Accountability Office estimates
that the implementation of these recommendations
yielded the Federal Government a savings of $89 billion
from 2001 through 2007, averaging $12.7 billion in
annual financial benefit.
(b) Sense of Congress.--It is the sense of Congress that--
(1) there is potential for additional and significant
cost savings through further reductions by the
Secretary of Defense in waste, fraud, and abuse,
particularly with regard to contracting processes; and
(2) the Secretary of Defense should make
implementation of the remaining Government
Accountability Office recommendations an utmost
priority of the Department of Defense.
----------
32. An Amendment To Be Offered by Representative Holt, Rush of New
Jersey or His Designee, Debatable for 10 Minutes
Page 266, after line 8, insert the following:
SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND
INDIVIDUAL MOBILIZATION AUGMENTEES.
(a) Findings.--Congress finds that a veteran who is a member
of the Individual Ready Reserve (or who is an individual
mobilization augmentee) and is not assigned to a unit that
musters regularly and has an established support structure is
less likely to be helped by existing suicide prevention
programs carried out by the Secretary of Defense and the
Secretary of Veterans Affairs.
(b) In General.--
(1) Suicide prevention.--Chapter 55 of title 10,
United States Code, is amended by adding after section
1074l the following new section:
``Sec. 1074m Suicide prevention for members of the Individual Ready
Reserve and individual mobilization augmentees
``(a) In General.--The Secretary of Defense shall ensure that
each covered member receives a telephone call described in
subsection (b) not less than once every 90 days during the
period in which--
``(1) the covered member is a member of the
Individual Ready Reserve; or
``(2) the Secretary determines that the covered
member is an individual mobilization augmentee.
``(b) Counseling Call.--A telephone call described in this
subsection is a call from properly trained personnel to
determine the emotional, psychological, medical, and career
needs and concerns of the covered member.
``(c) Referral.--(1) The personnel making a telephone call
described in subsection (b) shall refer a covered member
identified as being at-risk of self-caused harm to the nearest
military medical treatment facility or accredited TRICARE
provider for immediate evaluation and treatment by a qualified
mental health care provider.
``(2) If a covered member is referred under paragraph (1),
the Secretary shall confirm that the member has received the
evaluation and any necessary treatment.
``(d) Reports.--Not later than January 31 of each year,
beginning in 2011, the Secretary shall submit to Congress a
report on the number of covered members who have been referred
for counseling or mental health treatment under this section,
as well as the health and career status of such members.
``(e) Covered Member Defined.--In this section, the term
`covered member' means--
``(1) a member of the Individual Ready Reserve
described in section 10144(b) of this title who has
deployed to Afghanistan or Iraq in support of a
contingency operation; or
``(2) a member of a reserve component who the
Secretary determines is an individual mobilization
augmentee who has deployed to Afghanistan or Iraq in
support of a contingency operation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after
the item relating to section 1074l the following new
item:
``1074m. Suicide prevention for members of the Individual Ready Reserve
and individual mobilization augmentees.''.
----------
33. An Amendment To Be Offered by Representative Schakowsky, Janice of
Illinois or Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following new
section:
SEC. 12XX. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN
ACTIVITIES RELATING TO AFGHANISTAN.
(a) Recommendations Required.--Not later than 90 days after
the date of the enactment of this Act, the Special Inspector
General for Afghanistan Reconstruction shall, in consultation
with the Inspector General of the Department of Defense, the
Inspector General of the United States Agency for International
Development, and the Inspector General of the Department of
State--
(1) issue recommendations on measures to increase
oversight of contractors engaged in activities relating
to Afghanistan that have a record of engaging in waste,
fraud, or abuse;
(2) report on the status of efforts of the Department
of Defense, the United States Agency for International
Development, and the Department of State to implement
existing recommendations regarding oversight of such
contractors; and
(3) report on the extent to which military and
security contractors or subcontractors engaged in
activities relating to Afghanistan have been
responsible for the deaths of Afghan civilians.
(b) Elements of Recommendations.--The recommendations issued
under subsection (a)(1) shall include--
(1) recommendations for reducing the reliance of the
United States on--
(A) military and security contractors or
subcontractors engaged in activities relating
to Afghanistan that have been responsible for
the deaths of Afghan civilians; and
(B) Afghan militias or other armed groups
that are not part of the Afghan National
Security Forces; and
(2) recommendations for prohibiting the Department of
Defense, the Department of State, or the United States
Agency for International Development from entering into
contracts with contractors engaged in activities
relating to Afghanistan that have a record of engaging
in waste, fraud, or abuse.
----------
34. An Amendment To Be Offered by Representative Harman, Jane of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XVI, add the following new
section:
SEC. 1648. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR
CONSIDERATION OF A PERMANENT CHANGE OF STATION OR
UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR
VICTIM OF SEXUAL ASSAULT.
(a) In General.--Chapter 39 of title 10, United States Code,
is amended by inserting after section 672 the following new
section:
``Sec. 673. Consideration of application for permanent change of
station or unit transfer for members on active duty
who are the victim of a sexual assault
``(a) Expedited Consideration and Priority for Approval.--To
the maximum extent practicable, the Secretary concerned shall
provide for the expedited consideration and approval of an
application for consideration of a permanent change of station
or unit transfer submitted by a member of the armed forces
serving on active duty who was a victim of a sexual assault or
other offense covered by section 920 of this title (article
120) so as to reduce the possibility of retaliation against the
member for reporting the sexual assault.
``(b) Regulations.-- The Secretaries of the military
departments shall issue regulations to carry out this section,
within guidelines provided by the Secretary of Defense.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 672 the following new item:
``673. Consideration of application for permanent change of station or
unit transfer for members on active duty who are the victim of
a sexual assault''.
----------
35. An Amendment To Be Offered by Representative Putnam, Adam of
Florida or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, insert the following new
section:
SEC. 1065. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING
ON MILITARY INSTALLATIONS.
It is the sense of the Congress that--
(a) military installations that permit public access for
recreational hunting and fishing should continue to permit such
hunting and fishing where appropriate;
(b) permitting the public to access military installations
for recreational hunting and fishing benefits local communities
by conserving and promoting the outdoors and establishing
positive relations between the civilian and defense sectors;
(c) any military installations that make recreational hunting
and fishing permits available for purchase should provide a
discounted rate for active and retired members of the Armed
Forces and veterans with disabilities; and
(d) the Department of Defense, all of the service branches,
and military installations that permit public access for
recreational hunting and fishing should promote access to such
installations by making the appropriate accommodations for
members of the Armed Forces and veterans with disabilities.
----------
36. An Amendment To Be Offered by Representative Watson, Diane of
California or Her Designee, Debatable for 10 Minutes
At the end of division A, add the following new title:
TITLE XVII--FEDERAL INFORMATION SECURITY
Subtitle A--Federal Information Security Amendments
SEC. 1701. COORDINATION OF FEDERAL INFORMATION POLICY.
Chapter 35 of title 44, United States Code, is amended by
striking subchapters II and III and inserting the following:
``Subchapter II--Information Security
``Sec. 3551. Purposes
``The purposes of this subchapter are to--
``(1) provide a comprehensive framework for ensuring
the effectiveness of information security controls over
information resources that support Federal operations
and assets;
``(2) recognize the highly networked nature of the
current Federal computing environment and provide
effective Governmentwide management and oversight of
the related information security risks, including
coordination of information security efforts throughout
the civilian, national security, and law enforcement
communities;
``(3) provide for development and maintenance of
minimum controls required to protect Federal
information and information infrastructure;
``(4) provide a mechanism for improved oversight of
Federal agency information security programs;
``(5) acknowledge that commercially developed
information security products offer advanced, dynamic,
robust, and effective information security solutions,
reflecting market solutions for the protection of
critical information infrastructures important to the
national defense and economic security of the Nation
that are designed, built, and operated by the private
sector; and
``(6) recognize that the selection of specific
technical hardware and software information security
solutions should be left to individual agencies from
among commercially developed products.
``Sec. 3552. Definitions
``(a) Section 3502 Definitions.--Except as provided under
subsection (b), the definitions under section 3502 shall apply
to this subchapter.
``(b) Additional Definitions.--In this subchapter:
``(1) The term `adequate security' means security
that complies with the regulations promulgated under
section 3554 and the standards promulgated under
section 3558.
``(2) The term `incident' means an occurrence that
actually or potentially jeopardizes the
confidentiality, integrity, or availability of an
information system, information infrastructure, or the
information the system processes, stores, or transmits
or that constitutes a violation or imminent threat of
violation of security policies, security procedures, or
acceptable use policies.
``(3) The term `information infrastructure' means the
underlying framework that information systems and
assets rely on in processing, storing, or transmitting
information electronically.
``(4) The term `information security' means
protecting information and information infrastructure
from unauthorized access, use, disclosure, disruption,
modification, or destruction in order to provide--
``(A) integrity, which means guarding against
improper information modification or
destruction, and includes ensuring information
nonrepudiation and authenticity;
``(B) confidentiality, which means preserving
authorized restrictions on access and
disclosure, including means for protecting
personal privacy and proprietary information;
``(C) availability, which means ensuring
timely and reliable access to and use of
information; and
``(D) authentication, which means using
digital credentials to assure the identity of
users and validate access of such users.
``(5) The term `information technology' has the
meaning given that term in section 11101 of title 40.
``(6)(A) The term `national security system' means
any information infrastructure (including any
telecommunications system) used or operated by an
agency or by a contractor of an agency, or other
organization on behalf of an agency--
``(i) the function, operation, or use
of which--
``(I) involves intelligence
activities;
``(II) involves cryptologic
activities related to national
security;
``(III) involves command and
control of military forces;
``(IV) involves equipment
that is an integral part of a
weapon or weapons system; or
``(V) subject to subparagraph
(B), is critical to the direct
fulfillment of military or
intelligence missions; or
``(ii) is protected at all times by
procedures established for information
that have been specifically authorized
under criteria established by an
Executive order or an Act of Congress
to be kept classified in the interest
of national defense or foreign policy.
``(B) Subparagraph (A)(i)(V) does not include
a system that is to be used for routine
administrative and business applications
(including payroll, finance, logistics, and
personnel management applications).
``Sec. 3553. National Office for Cyberspace
``(a) Establishment.--There is established within the
Executive Office of the President an office to be known as the
National Office for Cyberspace.
``(b) Director.--
``(1) In general.--There shall be at the head of the
Office a Director, who shall be appointed by the
President by and with the advice and consent of the
Senate. The Director of the National Office for
Cyberspace shall administer all functions under this
subchapter and collaborate to the extent practicable
with the heads of appropriate agencies, the private
sector, and international partners. The Office shall
serve as the principal office for coordinating issues
relating to achieving an assured, reliable, secure, and
survivable information infrastructure and related
capabilities for the Federal Government.
``(2) Basic pay.--The Director shall be paid at the
rate of basic pay for level III of the Executive
Schedule.
``(c) Staff.--The Director may appoint and fix the pay of
additional personnel as the Director considers appropriate.
``(d) Experts and Consultants.--The Director may procure
temporary and intermittent services under section 3109(b) of
title 5.
``Sec. 3554. Federal Cybersecurity Practice Board
``(a) Establishment.--Within the National Office for
Cyberspace, there shall be established a board to be known as
the `Federal Cybersecurity Practice Board' (in this section
referred to as the `Board').
``(b) Members.--The Board shall be chaired by the Director
of the National Office for Cyberspace and consist of not more
than 10 members, with at least one representative from--
``(1) the Office of Management and Budget;
``(2) civilian agencies;
``(3) the Department of Defense;
``(4) the Federal law enforcement community;
``(5) the Federal Chief Technology Office; and
``(6) such additional military and civilian agencies
as the Director considers appropriate.
``(c) Responsibilities.--
``(1) Development of policies and procedures.--
Subject to the authority, direction, and control of the
Director of the National Office for Cyberspace, the
Board shall be responsible for developing and
periodically updating information security policies and
procedures relating to the matters described in
paragraph (2). In developing such policies and
procedures, the Board shall require that all matters
addressed in the policies and procedures are
consistent, to the maximum extent practicable and in
accordance with applicable law, among the civilian,
military, intelligence, and law enforcement
communities.
``(2) Specific matters covered in policies and
procedures.--
``(A) Minimum security controls.--The Board
shall be responsible for developing and
periodically updating information security
policies and procedures relating to minimum
security controls for information technology,
in order to--
``(i) provide Governmentwide
protection of Government-networked
computers against common attacks; and
``(ii) provide agencywide protection
against threats, vulnerabilities, and
other risks to the information
infrastructure within individual
agencies.
``(B) Measures of effectiveness.--The Board
shall be responsible for developing and
periodically updating information security
policies and procedures relating to
measurements needed to assess the effectiveness
of the minimum security controls referred to in
subparagraph (A). Such measurements shall
include a risk scoring system to evaluate risk
to information security both Governmentwide and
within contractors of the Federal Government.
``(C) Products and services.--The Board shall
be responsible for developing and periodically
updating information security policies,
procedures, and minimum security standards
relating to criteria for products and services
to be used in agency information systems and
information infrastructure that will meet the
minimum security controls referred to in
subparagraph (A). In carrying out this
subparagraph, the Board shall act in
consultation with the Office of Management and
Budget and the General Services Administration.
``(D) Remedies.--The Board shall be
responsible for developing and periodically
updating information security policies and
procedures relating to methods for providing
remedies for security deficiencies identified
in agency information infrastructure.
``(3) Additional considerations.--The Board shall
also consider--
``(A) opportunities to engage with the
international community to set policies,
principles, training, standards, or guidelines
for information security;
``(B) opportunities to work with agencies and
industry partners to increase information
sharing and policy coordination efforts in
order to reduce vulnerabilities in the national
information infrastructure; and
``(C) options necessary to encourage and
maintain accountability of any agency, or
senior agency official, for efforts to secure
the information infrastructure of such agency.
``(4) Relationship to other standards.--The policies
and procedures developed under paragraph (1) are
supplemental to the standards promulgated by the
Director of the National Office for Cyberspace under
section 3558.
``(5) Recommendations for regulations.--The Board
shall be responsible for making recommendations to the
Director of the National Office for Cyberspace on
regulations to carry out the policies and procedures
developed by the Board under paragraph (1).
``(d) Regulations.--The Director of the National Office for
Cyberspace, in consultation with the Director of the Office of
Management and the Administrator of General Services shall
promulgate and periodically update regulations to carry out the
policies and procedures developed by the Board under subsection
(c).
``(e) Annual Report.--The Director of the National Office
for Cyberspace shall provide to Congress a report containing a
summary of agency progress in implementing the regulations
promulgated under this section as part of the annual report to
Congress required under section 3555(a)(8).
``(f) No Disclosure by Board Required.--The Board is not
required to disclose under section 552 of title 5 information
submitted by agencies to the Board regarding threats,
vulnerabilities, and risks.
``Sec. 3555. Authority and functions of the Director of the National
Office for Cyberspace
``(a) In General.--The Director of the National Office for
Cyberspace shall oversee agency information security policies
and practices, including--
``(1) developing and overseeing the implementation of
policies, principles, standards, and guidelines on
information security, including through ensuring timely
agency adoption of and compliance with standards
promulgated under section 3558;
``(2) requiring agencies, consistent with the
standards promulgated under section 3558 and other
requirements of this subchapter, to identify and
provide information security protections commensurate
with the risk and magnitude of the harm resulting from
the unauthorized access, use, disclosure, disruption,
modification, or destruction of--
``(A) information collected or maintained by
or on behalf of an agency; or
``(B) information infrastructure used or
operated by an agency or by a contractor of an
agency or other organization on behalf of an
agency;
``(3) coordinating the development of standards and
guidelines under section 20 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3) with
agencies and offices operating or exercising control of
national security systems (including the National
Security Agency) to assure, to the maximum extent
feasible, that such standards and guidelines are
complementary with standards and guidelines developed
for national security systems;
``(4) overseeing agency compliance with the
requirements of this subchapter, including through any
authorized action under section 11303 of title 40, to
enforce accountability for compliance with such
requirements;
``(5) reviewing at least annually, and approving or
disapproving, agency information security programs
required under section 3556(b);
``(6) coordinating information security policies and
procedures with related information resources
management policies and procedures;
``(7) overseeing the operation of the Federal
information security incident center required under
section 3559;
``(8) reporting to Congress no later than March 1 of
each year on agency compliance with the requirements of
this subchapter, including--
``(A) a summary of the findings of audits
required by section 3557;
``(B) an assessment of the development,
promulgation, and adoption of, and compliance
with, standards developed under section 20 of
the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) and
promulgated under section 3558;
``(C) significant deficiencies in agency
information security practices;
``(D) planned remedial action to address such
deficiencies; and
``(E) a summary of, and the views of the
Director of the National Office for Cyberspace
on, the report prepared by the National
Institute of Standards and Technology under
section 20(d)(10) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-
3);
``(9) coordinating the defense of information
infrastructure operated by agencies in the case of a
large-scale attack on information infrastructure, as
determined by the Director;
``(10) establishing a national strategy, in
consultation with the Department of State, the United
States Trade Representative, and the National Institute
of Standards and Technology, to engage with the
international community to set the policies,
principles, standards, or guidelines for information
security; and
``(11) coordinating information security training for
Federal employees with the Office of Personnel
Management.
``(b) National Security Systems.--Except for the
authorities described in paragraphs (4) and (8) of subsection
(a), the authorities of the Director of the National Office for
Cyberspace under this section shall not apply to national
security systems.
``(c) Department of Defense and Central Intelligence Agency
Systems.--(1) The authorities of the Director of the National
Office for Cyberspace described in paragraphs (1) and (2) of
subsection (a) shall be delegated to the Secretary of Defense
in the case of systems described in paragraph (2) and to the
Director of Central Intelligence in the case of systems
described in paragraph (3).
``(2) The systems described in this paragraph are systems
that are operated by the Department of Defense, a contractor of
the Department of Defense, or another entity on behalf of the
Department of Defense that processes any information the
unauthorized access, use, disclosure, disruption, modification,
or destruction of which would have a debilitating impact on the
mission of the Department of Defense.
``(3) The systems described in this paragraph are systems
that are operated by the Central Intelligence Agency, a
contractor of the Central Intelligence Agency, or another
entity on behalf of the Central Intelligence Agency that
processes any information the unauthorized access, use,
disclosure, disruption, modification, or destruction of which
would have a debilitating impact on the mission of the Central
Intelligence Agency.
``(d) Budget Oversight and Reporting.--(1) The head of each
agency shall submit to the Director of the National Office for
Cyberspace a budget each year for the following fiscal year
relating to the protection of information infrastructure for
such agency, by a date determined by the Director that is
before the submission of such budget by the head of the agency
to the Office of Management and Budget.
``(2) The Director shall review and offer a non-
binding approval or disapproval of each agency's annual
budget to each agency before the submission of such
budget by the head of the agency to the Office of
Management and Budget.
``(3) If the Director offers a non-binding
disapproval of an agency's, budget, the Director shall
transmit recommendations to the head of such agency for
strengthening its proposed budget with regard to the
protection of such agency's information infrastructure.
``(4) Each budget submitted by the head of an agency
pursuant to paragraph (1) shall include--
``(A) a review of any threats to information
technology for such agency;
``(B) a plan to secure the information
infrastructure for such agency based on threats
to information technology, using the National
Institute of Standards and Technology
guidelines and recommendations;
``(C) a review of compliance by such agency
with any previous year plan described in
subparagraph (B); and
``(D) a report on the development of the
credentialing process to enable secure
authentication of identity and authorization
for access to the information infrastructure of
such agency.
``(5) The Director of the National Office for
Cyberspace may recommend to the President monetary
penalties or incentives necessary to encourage and
maintain accountability of any agency, or senior agency
official, for efforts to secure the information
infrastructure of such agency.
``Sec. 3556. Agency responsibilities
``(a) In General.--The head of each agency shall--
``(1) be responsible for--
``(A) providing information security
protections commensurate with the risk and
magnitude of the harm resulting from
unauthorized access, use, disclosure,
disruption, modification, or destruction of--
``(i) information collected or
maintained by or on behalf of the
agency; and
``(ii) information infrastructure
used or operated by an agency or by a
contractor of an agency or other
organization on behalf of an agency;
``(B) complying with the requirements of this
subchapter and related policies, procedures,
standards, and guidelines, including--
``(i) the regulations promulgated
under section 3554 and the information
security standards promulgated under
section 3558;
``(ii) information security standards
and guidelines for national security
systems issued in accordance with law
and as directed by the President;
``(iii) and ensuring the standards
implemented for information
infrastructure and national security
systems under the agency head are
complementary and uniform, to the
extent practicable; and
``(C) ensuring that information security
management processes are integrated with agency
strategic and operational planning processes;
``(2) ensure that senior agency officials provide
information security for the information and
information infrastructure that support the operations
and assets under their control, including through--
``(A) assessing the risk and magnitude of the
harm that could result from the unauthorized
access, use, disclosure, disruption,
modification, or destruction of such
information or information infrastructure;
``(B) determining the levels of information
security appropriate to protect such
information and information infrastructure in
accordance with regulations promulgated under
section 3554 and standards promulgated under
section 3558, for information security
classifications and related requirements;
``(C) implementing policies and procedures to
cost effectively reduce risks to an acceptable
level; and
``(D) continuously testing and evaluating
information security controls and techniques to
ensure that they are effectively implemented;
``(3) delegate to an agency official, designated as
the 'Chief Information Security Officer', under the
authority of the agency Chief Information Officer the
responsibility to oversee agency information security
and the authority to ensure and enforce compliance with
the requirements imposed on the agency under this
subchapter, including--
``(A) overseeing the establishment and
maintenance of a security operations capability
on an automated and continuous basis that can--
``(i) assess the state of compliance
of all networks and systems with
prescribed controls issued pursuant to
section 3558 and report immediately any
variance therefrom and, where
appropriate and with the approval of
the agency Chief Information Officer,
shut down systems that are found to be
non-compliant;
``(ii) detect, report, respond to,
contain, and mitigate incidents that
impair adequate security of the
information and information
infrastructure, in accordance with
policy provided by the Director of the
National Office for Cyberspace, in
consultation with the Chief Information
Officers Council, and guidance from the
National Institute of Standards and
Technology;
``(iii) collaborate with the National
Office for Cyberspace and appropriate
public and private sector security
operations centers to address incidents
that impact the security of information
and information infrastructure that
extend beyond the control of the
agency; and
``(iv) not later than 24 hours after
discovery of any incident described
under subparagraph (A)(ii), unless
otherwise directed by policy of the
National Office for Cyberspace, provide
notice to the appropriate security
operations center, the National Cyber
Investigative Joint Task Force, and the
Inspector General of the agency;
``(B) developing, maintaining, and overseeing
an agency wide information security program as
required by subsection (b);
``(C) developing, maintaining, and overseeing
information security policies, procedures, and
control techniques to address all applicable
requirements, including those issued under
sections 3555 and 3558;
``(D) training and overseeing personnel with
significant responsibilities for information
security with respect to such responsibilities;
and
``(E) assisting senior agency officials
concerning their responsibilities under
paragraph (2);
``(4) ensure that the agency has trained and cleared
personnel sufficient to assist the agency in complying
with the requirements of this subchapter and related
policies, procedures, standards, and guidelines;
``(5) ensure that the Chief Information Security
Officer, in coordination with other senior agency
officials, reports biannually to the agency head on the
effectiveness of the agency information security
program, including progress of remedial actions; and
``(6) ensure that the Chief Information Security
Officer possesses necessary qualifications, including
education, professional certifications, training,
experience and the security clearance required to
administer the functions described under this
subchapter; and has information security duties as the
primary duty of that official.
``(b) Agency Program.--Each agency shall develop,
document, and implement an agencywide information security
program, approved by the Director of the National Office for
Cyberspace under section 3555(a)(5), to provide information
security for the information and information infrastructure
that support the operations and assets of the agency, including
those provided or managed by another agency, contractor, or
other source, that includes--
``(1) continuous automated technical monitoring of
information infrastructure used or operated by an
agency or by a contractor of an agency or other
organization on behalf of an agency to assure
conformance with regulations promulgated under section
3554 and standards promulgated under section 3558;
``(2) testing of the effectiveness of security
controls that are commensurate with risk (as defined by
the National Institute of Standards and Technology and
the National Office for Cyberspace) for agency
information infrastructure;
``(3) policies and procedures that--
``(A) mitigate and remediate, to the extent
practicable, information security
vulnerabilities based on the risk posed to the
agency;
``(B) cost effectively reduce information
security risks to an acceptable level;
``(C) ensure that information security is
addressed throughout the life cycle of each
agency information system and information
infrastructure;
``(D) ensure compliance with--
``(i) the requirements of this
subchapter;
``(ii) policies and procedures as may
be prescribed by the Director of the
National Office for Cyberspace, and
information security standards
promulgated under section 3558;
``(iii) minimally acceptable system
configuration requirements, as
determined by the Director of the
National Office for Cyberspace; and
``(iv) any other applicable
requirements, including--
``(I) standards and
guidelines for national
security systems issued in
accordance with law and as
directed by the President;
``(II) the policy of the
Director of the National Office
for Cyberspace;
``(III) the National
Institute of Standards and
Technology guidance; and
``(IV) the Chief Information
Officers Council recommended
approaches;
``(E) develop, maintain, and oversee
information security policies, procedures, and
control techniques to address all applicable
requirements, including those issued under
sections 3555 and 3558; and
``(F) ensure the oversight and training of
personnel with significant responsibilities for
information security with respect to such
responsibilities;
``(4) ensuring that the agency has trained and
cleared personnel sufficient to assist the agency in
complying with the requirements of this subchapter and
related policies, procedures, standards, and
guidelines;
``(5) to the extent practicable, automated and
continuous technical monitoring for testing, and
evaluation of the effectiveness and compliance of
information security policies, procedures, and
practices, including--
``(A) management, operational, and technical
controls of every information infrastructure
identified in the inventory required under
section 3505(b); and
``(B) management, operational, and technical
controls relied on for an evaluation under
section 3556;
``(6) a process for planning, implementing,
evaluating, and documenting remedial action to address
any deficiencies in the information security policies,
procedures, and practices of the agency;
``(7) to the extent practicable, continuous automated
technical monitoring for detecting, reporting, and
responding to security incidents, consistent with
standards and guidelines issued by the Director of the
National Office for Cyberspace, including--
``(A) mitigating risks associated with such
incidents before substantial damage is done;
``(B) notifying and consulting with the
appropriate security operations response
center; and
``(C) notifying and consulting with, as
appropriate--
``(i) law enforcement agencies and
relevant Offices of Inspectors General;
``(ii) the National Office for
Cyberspace; and
``(iii) any other agency or office,
in accordance with law or as directed
by the President; and
``(8) plans and procedures to ensure continuity of
operations for information infrastructure that support
the operations and assets of the agency.
``(c) Agency Reporting.--Each agency shall--
``(1) submit an annual report on the adequacy and
effectiveness of information security policies,
procedures, and practices, and compliance with the
requirements of this subchapter, including compliance
with each requirement of subsection (b) to--
``(A) the National Office for Cyberspace;
``(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(C) the Committee on Oversight and
Government Reform of the House of
Representatives;
``(D) other appropriate authorization and
appropriations committees of Congress; and
``(E) the Comptroller General;
``(2) address the adequacy and effectiveness of
information security policies, procedures, and
practices in plans and reports relating to--
``(A) annual agency budgets;
``(B) information resources management of
this subchapter;
``(C) information technology management under
this chapter;
``(D) program performance under sections 1105
and 1115 through 1119 of title 31, and sections
2801 and 2805 of title 39;
``(E) financial management under chapter 9 of
title 31, and the Chief Financial Officers Act
of 1990 (31 U.S.C. 501 note; Public Law 101-
576) (and the amendments made by that Act);
``(F) financial management systems under the
Federal Financial Management Improvement Act
(31 U.S.C. 3512 note); and
``(G) internal accounting and administrative
controls under section 3512 of title 31; and
``(3) report any significant deficiency in a policy,
procedure, or practice identified under paragraph (1)
or (2)--
``(A) as a material weakness in reporting
under section 3512 of title 31; and
``(B) if relating to financial management
systems, as an instance of a lack of
substantial compliance under the Federal
Financial Management Improvement Act (31 U.S.C.
3512 note).
``(d) Performance Plan.--(1) In addition to the
requirements of subsection (c), each agency, in consultation
with the National Office for Cyberspace, shall include as part
of the performance plan required under section 1115 of title 31
a description of the resources, including budget, staffing, and
training, that are necessary to implement the program required
under subsection (b).
``(2) The description under paragraph (1) shall be based on
the risk assessments required under subsection (a)(2).
``(e) Public Notice and Comment.--Each agency shall provide
the public with timely notice and opportunities for comment on
proposed information security policies and procedures to the
extent that such policies and procedures affect communication
with the public.
``Sec. 3557. Annual independent audit
``(a) In General.--(1) Each year each agency shall have
performed an independent audit of the information security
program and practices of that agency to determine the
effectiveness of such program and practices.
``(2) Each audit under this section shall include--
``(A) testing of the effectiveness of the information
infrastructure of the agency for automated, continuous
monitoring of the state of compliance of its
information infrastructure with regulations promulgated
under section 3554 and standards promulgated under
section 3558 in a representative subset of--
``(i) the information infrastructure used or
operated by the agency; and
``(ii) the information infrastructure used,
operated, or supported on behalf of the agency
by a contractor of the agency, a subcontractor
(at any tier) of such contractor, or any other
entity;
``(B) an assessment (made on the basis of the results
of the testing) of compliance with--
``(i) the requirements of this subchapter;
and
``(ii) related information security policies,
procedures, standards, and guidelines;
``(C) separate assessments, as appropriate, regarding
information security relating to national security
systems; and
``(D) a conclusion regarding whether the information
security controls of the agency are effective,
including an identification of any significant
deficiencies in such controls.
``(3) Each audit under this section shall be performed in
accordance with applicable generally accepted Government
auditing standards.
``(b) Independent Auditor.--Subject to subsection (c)--
``(1) for each agency with an Inspector General
appointed under the Inspector General Act of 1978 or
any other law, the annual audit required by this
section shall be performed by the Inspector General or
by an independent external auditor, as determined by
the Inspector General of the agency; and
``(2) for each agency to which paragraph (1) does not
apply, the head of the agency shall engage an
independent external auditor to perform the audit.
``(c) National Security Systems.--For each agency operating
or exercising control of a national security system, that
portion of the audit required by this section directly relating
to a national security system shall be performed--
``(1) only by an entity designated head; and
``(2) in such a manner as to ensure appropriate
protection for information associated with any
information security vulnerability in such system
commensurate with the risk and in accordance with all
applicable laws.
``(d) Existing Audits.--The audit required by this section
may be based in whole or in part on another audit relating to
programs or practices of the applicable agency.
``(e) Agency Reporting.--(1) Each year, not later than such
date established by the Director of the National Office for
Cyberspace, the head of each agency shall submit to the
Director the results of the audit required under this section.
``(2) To the extent an audit required under this section
directly relates to a national security system, the results of
the audit submitted to the Director of the National Office for
Cyberspace shall contain only a summary and assessment of that
portion of the audit directly relating to a national security
system.
``(f) Protection of Information.--Agencies and auditors
shall take appropriate steps to ensure the protection of
information which, if disclosed, may adversely affect
information security. Such protections shall be commensurate
with the risk and comply with all applicable laws and
regulations.
``(g) National Office for Cyberspace Reports to Congress.--
(1) The Director of the National Office for Cyberspace shall
summarize the results of the audits conducted under this
section in the annual report to Congress required under section
3555(a)(8).
``(2) The Director's report to Congress under this subsection
shall summarize information regarding information security
relating to national security systems in such a manner as to
ensure appropriate protection for information associated with
any information security vulnerability in such system
commensurate with the risk and in accordance with all
applicable laws.
``(3) Audits and any other descriptions of information
infrastructure under the authority and control of the Director
of Central Intelligence or of National Foreign Intelligence
Programs systems under the authority and control of the
Secretary of Defense shall be made available to Congress only
through the appropriate oversight committees of Congress, in
accordance with applicable laws.
``(h) Comptroller General.--The Comptroller General shall
periodically evaluate and report to Congress on--
``(1) the adequacy and effectiveness of agency
information security policies and practices; and
``(2) implementation of the requirements of this
subchapter.
``(i) Contractor audits.--Each year each contractor that
operates, uses, or supports an information system or
information infrastructure on behalf of an agency and each
subcontractor of such contractor--
``(1) shall conduct an audit using an independent
external auditor in accordance with subsection (a),
including an assessment of compliance with the
applicable requirements of this subchapter; and
``(2) shall submit the results of such audit to such
agency not later than such date established by the
Agency.
``Sec. 3558. Responsibilities for Federal information systems standards
``(a) Requirement To Prescribe Standards.--
``(1) In general.--
``(A) Requirement.--Except as provided under
paragraph (2), the Secretary of Commerce shall,
on the basis of proposed standards developed by
the National Institute of Standards and
Technology pursuant to paragraphs (2) and (3)
of section 20(a) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-
3(a)) and in consultation with the Secretary of
Homeland Security, promulgate information
security standards pertaining to Federal
information systems.
``(B) Required standards.--Standards
promulgated under subparagraph (A) shall
include--
``(i) standards that provide minimum
information security requirements as
determined under section 20(b) of the
National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(b));
and
``(ii) such standards that are
otherwise necessary to improve the
efficiency of operation or security of
Federal information systems.
``(C) Required standards binding.--
Information security standards described under
subparagraph (B) shall be compulsory and
binding.
``(2) Standards and guidelines for national security
systems.--Standards and guidelines for national
security systems, as defined under section 3552(b),
shall be developed, promulgated, enforced, and overseen
as otherwise authorized by law and as directed by the
President.
``(b) Application of More Stringent Standards.--The head of
an agency may employ standards for the cost-effective
information security for all operations and assets within or
under the supervision of that agency that are more stringent
than the standards promulgated by the Secretary of Commerce
under this section, if such standards--
``(1) contain, at a minimum, the provisions of those
applicable standards made compulsory and binding by the
Secretary; and
``(2) are otherwise consistent with policies and
guidelines issued under section 3555.
``(c) Requirements Regarding Decisions by the Secretary.--
``(1) Deadline.--The decision regarding the promulgation
of any standard by the Secretary of Commerce under subsection
(b) shall occur not later than 6 months after the submission of
the proposed standard to the Secretary by the National
Institute of Standards and Technology, as provided under
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3).
``(2) Notice and comment.--A decision by the
Secretary of Commerce to significantly modify, or not
promulgate, a proposed standard submitted to the
Secretary by the National Institute of Standards and
Technology, as provided under section 20 of the
National Institute of Standards and Technology Act (15
U.S.C. 278g-3), shall be made after the public is given
an opportunity to comment on the Secretary's proposed
decision.
``Sec. 3559. Federal information security incident center
``(a) In General.--The Director of the National Office for
Cyberspace shall ensure the operation of a central Federal
information security incident center to--
``(1) provide timely technical assistance to
operators of agency information systems and information
infrastructure regarding security incidents, including
guidance on detecting and handling information security
incidents;
``(2) compile and analyze information about incidents
that threaten information security;
``(3) inform operators of agency information systems
and information infrastructure about current and
potential information security threats, and
vulnerabilities; and
``(4) consult with the National Institute of
Standards and Technology, agencies or offices operating
or exercising control of national security systems
(including the National Security Agency), and such
other agencies or offices in accordance with law and as
directed by the President regarding information
security incidents and related matters.
``(b) National Security Systems.--Each agency operating or
exercising control of a national security system shall share
information about information security incidents, threats, and
vulnerabilities with the Federal information security incident
center to the extent consistent with standards and guidelines
for national security systems, issued in accordance with law
and as directed by the President.
(c) Review and Approval.--In coordination with the
Administrator for Electronic Government and Information
Technology, the Director of the National Office for Cyberspace
shall review and approve the policies, procedures, and guidance
established in this subchapter to ensure that the incident
center has the capability to effectively and efficiently
detect, correlate, respond to, contain, mitigate, and remediate
incidents that impair the adequate security of the information
systems and information infrastructure of more than one agency.
To the extent practicable, the capability shall be continuous
and technically automated.
``Sec. 3560. National security systems
``The head of each agency operating or exercising control
of a national security system shall be responsible for ensuring
that the agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use,
disclosure, disruption, modification, or destruction of
the information contained in such system;
``(2) implements information security policies and
practices as required by standards and guidelines for
national security systems, issued in accordance with
law and as directed by the President; and
``(3) complies with the requirements of this
subchapter.''.
SEC. 1702. INFORMATION SECURITY ACQUISITION REQUIREMENTS.
(a) In General.--Chapter 113 of title 40, United States
Code, is amended by adding at the end of subchapter II the
following new section:
``11319. Information security acquisition requirements.
``(a) Prohibition.--Notwithstanding any other provision of
law, beginning one year after the date of the enactment of the
Federal Information Security Amendments Act of 2010, no agency
may enter into a contract, an order under a contract, or an
interagency agreement for--
``(1) the collection, use, management, storage, or
dissemination of information on behalf of the agency;
``(2) the use or operation of an information system
or information infrastructure on behalf of the agency;
or
``(3) information technology;
unless such contract, order, or agreement includes requirements
to provide effective information security that supports the
operations and assets under the control of the agency, in
compliance with the policies, standards, and guidance developed
under subsection (b), and otherwise ensures compliance with
this section.
``(b) Coordination of Secure Acquisition Policies.--
``(1) In General.--The Director, in consultation with
the Director of the National Institute of Standards and
Technology, the Director of the National Office for
Cyberspace, and the Administrator of General Services,
shall oversee the development and implementation of
policies, standards, and guidance, including through
revisions to the Federal Acquisition Regulation and the
Department of Defense supplement to the Federal
Acquisition Regulation, to cost effectively enhance
agency-information security, including--
``(A) minimum information security
requirements for agency procurement of
information technology products and services;
and
``(B) approaches for evaluating and
mitigating significant supply chain security
risks associated with products or services to
be acquired by agencies.
``(2) Report.--Not later than two years after the
date of the enactment of the Federal Information
Security Amendments Act of 2010, the Director shall
submit to Congress a report describing--
``(A) actions taken to improve the
information security associated with the
procurement of products and services by the
Federal Government; and
``(B) plans for overseeing and coordinating
efforts of agencies to use best practice
approaches for cost-effectively purchasing more
secure products and services.
``(c) Vulnerability Assessments of Major Systems.--
``(1) Requirement for initial vulnerability
assessments.--The Director shall require each agency to
conduct an initial vulnerability assessment for any
major system and its significant items of supply prior
to the development of the system. The initial
vulnerability assessment of a major system and its
significant items of supply shall include use of an
analysis-based approach to--
``(A) identify vulnerabilities;
``(B) define exploitation potential;
``(C) examine the system's potential
effectiveness;
``(D) determine overall vulnerability; and
``(E) make recommendations for risk
reduction.
``(2) Subsequent vulnerability assessments.--
``(A) The Director shall require a subsequent
vulnerability assessment of each major system
and its significant items of supply within a
program if the Director determines that
circumstances warrant the issuance of an
additional vulnerability assessment.
``(B) Upon the request of a congressional
committee, the Director may require a
subsequent vulnerability assessment of a
particular major system and its significant
items of supply within the program.
``(C) Any subsequent vulnerability assessment
of a major system and its significant items of
supply shall include use of an analysis-based
approach and, if applicable, a testing-based
approach, to monitor the exploitation potential
of such system and reexamine the factors
described in subparagraphs (A) through (E) of
paragraph (1).
``(3) Congressional oversight.--The Director shall
provide to the appropriate congressional committees a
copy of each vulnerability assessment conducted under
paragraph (1) or (2) not later than 10 days after the
date of the completion of such assessment.
``(d) Definitions.--In this section:
``(1) Item of supply.--The term `item of supply'--
``(A) means any individual part, component,
subassembly, assembly, or subsystem integral to
a major system, and other property which may be
replaced during the service life of the major
system, including a spare part or replenishment
part; and
``(B) does not include packaging or labeling
associated with shipment or identification of
an item.
``(2) Vulnerability assessment.--The term
`vulnerability assessment' means the process of
identifying and quantifying vulnerabilities in a major
system and its significant items of supply.
``(3) Major system.--The term `major system' has the
meaning given that term in section 4 of the Office of
Federal Procurement Policy Act (41 U.S.C. 403).''.
SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Table of Sections in Title 44.--The table of sections
for chapter 35 of title 44, United States Code, is amended by
striking the matter relating to subchapters II and III and
inserting the following:
``SUBCHAPTER II--INFORMATION SECURITY
``3551. Purposes.
``3552. Definitions.
``3553. National Office for Cyberspace.
``3554. Federal Cybersecurity Practice Board.
``3555. Authority and functions of the Director of the National Office
for Cyberspace.
``3556. Agency responsibilities.
``3557. Annual independent audit.
``3558. Responsibilities for Federal information systems standards.
``3559. Federal information security incident center.
``3560. National security systems.''.
(b) Table of Sections in Title 40.--The table of sections
for chapter 113 of title 40, United States Code, is amended by
inserting after the item relating to section 11318 the
following new item:
``Sec. 11319. Information security acquisition requirements.''.
(c) Other References.--
(1) Section 1001(c)(1)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 511(c)(1)(A)) is amended by
striking ``section 3532(3)'' and inserting ``section
3552(b)''.
(2) Section 2222(j)(6) of title 10, United States
Code, is amended by striking ``section 3542(b)(2))''
and inserting ``section 3552(b)''.
(3) Section 2223(c)(3) of title 10, United States
Code, is amended, by striking ``section 3542(b)(2))''
and inserting ``section 3552(b)''.
(4) Section 2315 of title 10, United States Code, is
amended by striking ``section 3542(b)(2))'' and
inserting ``section 3552(b)''.
(5) Section 20 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g-3) is amended--
(A) in subsections (a)(2) and (e)(5), by
striking ``section 3532(b)(2)'' and inserting
``section 3552(b)'';
(B) in subsection (e)(2), by striking
``section 3532(1)'' and inserting ``section
3552(b)''; and
(C) in subsections (c)(3) and (d)(1), by
striking ``section 11331 of title 40'' and
inserting ``section 3558 of title 44''.
(6) Section 8(d)(1) of the Cyber Security Research
and Development Act (15 U.S.C. 7406(d)(1)) is amended
by striking ``section 3534(b)'' and inserting ``section
3556(b)''.
(d) Repeal.--
(1) Subchapter III of chapter 113 of title 40, United
States Code, is repealed.
(2) The table of sections for chapter 113 of such
title is amended by striking the matter relating to
subchapter III.
(e) Executive Schedule Pay Rate.--Section 5314 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the National Office for Cyberspace.''.
(f) Membership on the National Security Council.--Section
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a))
is amended--
(1) by redesignating paragraphs (7) and (8) as
paragraphs (8) and (9), respectively; and
(2) by inserting after paragraph (6) the following:
``(7) the Director of the National Office for
Cyberspace;''.
SEC. 1704. EFFECTIVE DATE.
(a) In General.--Unless otherwise specified in this
section, this subtitle (including the amendments made by this
subtitle) shall take effect 30 days after the date of enactment
of this Act.
(b) National Office for Cyberspace.--Section 3553 of title
44, United States Code, as added by section 1701 of this
division, shall take effect 180 days after the date of
enactment of this Act.
(c) Federal Cybersecurity Practice Board.--Section 3554 of
title 44, United States Code, as added by section 1701 of this
division, shall take effect one year after the date of
enactment of this Act.
Subtitle B--Federal Chief Technology Officer
SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.
(a) Establishment and Staff.--
(1) Establishment.--
(A) In General.--There is established in the
Executive Office of the President an Office of
the Federal Chief Technology Officer (in this
section referred to as the ``Office'').
(B) Head of the office.--
(i) Federal chief technology
officer.--The President shall appoint a
Federal Chief Technology Officer (in
this section referred to as the
``Federal CTO'') who shall be the head
of the Office.
(ii) Compensation.--Section 5314 of
title 5, United States Code, is amended
by adding at the end the following:
``Federal Chief Technology Officer.''.
(2) Staff of the office.--The President may appoint
additional staff members to the Office.
(b) Duties of the Office.--The functions of the Federal CTO
are the following:
(1) Undertake fact-gathering, analysis, and
assessment of the Federal Government's information
technology infrastructures, information technology
strategy, and use of information technology, and
provide advice on such matters to the President, heads
of Federal departments and agencies, and government
chief information officers and chief technology
officers.
(2) Lead an interagency effort, working with the
chief technology and chief information officers of each
of the Federal departments and agencies, to develop and
implement a planning process to ensure that they use
best-in-class technologies, share best practices, and
improve the use of technology in support of Federal
Government requirements.
(3) Advise the President on information technology
considerations with regard to Federal budgets and with
regard to general coordination of the research and
development programs of the Federal Government for
information technology-related matters.
(4) Promote technological innovation in the Federal
Government, and encourage and oversee the adoption of
robust cross-governmental architectures and standards-
based information technologies, in support of effective
operational and management policies, practices, and
services across Federal departments and agencies and
with the public and external entities.
(5) Establish cooperative public-private sector
partnership initiatives to achieve knowledge of
technologies available in the marketplace that can be
used for improving governmental operations and
information technology research and development
activities.
(6) Gather timely and authoritative information
concerning significant developments and trends in
information technology, and in national priorities,
both current and prospective, and analyze and interpret
the information for the purpose of determining whether
the developments and trends are likely to affect
achievement of the priority goals of the Federal
Government.
(7) Develop, review, revise, and recommend criteria
for determining information technology activities
warranting Federal support, and recommend Federal
policies designed to advance the development and
maintenance of effective and efficient information
technology capabilities, including human resources, at
all levels of government, academia, and industry, and
the effective application of the capabilities to
national needs.
(8) Any other functions and activities that the
President may assign to the Federal CTO.
(c) Policy Planning; Analysis and Advice.--The Office shall
serve as a source of analysis and advice for the President and
heads of Federal departments and agencies with respect to major
policies, plans, and programs of the Federal Government in
accordance with the functions described in subsection (b).
(d) Coordination of the Office With Other Entities.--
(1) Federal cto on domestic policy council.--The
Federal CTO shall be a member of the Domestic Policy
Council.
(2) Federal cto on cyber security practice board.--
The Federal CTO shall be a member of the Federal
Cybersecurity Practice Board.
(3) Obtain information from agencies.--The Office may
secure, directly from any department or agency of the
United States, information necessary to enable the
Federal CTO to carry out this section. On request of
the Federal CTO, the head of the department or agency
shall furnish the information to the Office, subject to
any applicable limitations of Federal law.
(4) Staff of federal agencies.--On request of the
Federal CTO, to assist the Office in carrying out the
duties of the Office, the head of any Federal
department or agency may detail personnel, services, or
facilities of the department or agency to the Office.
(e) Annual Report.--
(1) Publication and contents.--The Federal CTO shall
publish, in the Federal Register and on a public
Internet website of the Federal CTO, an annual report
that includes the following:
(A) Information on programs to promote the
development of technological innovations.
(B) Recommendations for the adoption of
policies to encourage the generation of
technological innovations.
(C) Information on the activities and
accomplishments of the Office in the year
covered by the report.
(2) Submission.--The Federal CTO shall submit each
report under paragraph (1) to--
(A) the President;
(B) the Committee on Oversight and Government
Reform of the House of Representatives;
(C) the Committee on Science and Technology
of the House of Representatives; and
(D) the Committee on Commerce, Science, and
Transportation of the Senate.
----------
37. An Amendment To Be Offered by Representative Chandler, Ben of
Kentucky or His Designee, Debatable for 10 Minutes
Page 599, strike lines 8 through 13.
----------
38. An Amendment To Be Offered by Representative Herseth Sandlin,
Stephanie of South Dakota or Her Designee, Debatable for 10 Minutes
Page 415, after line 25, insert the following:
SEC. 1047. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION,
SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN
SUPPORT OF THE NATIONAL DEFENSE STRATEGY.
(a) Air Force Report.--
(1) Report required.--Not later than 360 days after
the date of the enactment of this Act, the Secretary of
the Air Force shall submit to the congressional defense
committees, the Director of the Congressional Budget
Office, and the Comptroller General of the United
States a report that includes--
(A) a discussion of the cost, schedule, and
performance of all currently planned efforts to
modernize and keep viable the existing B-1, B-
2, and B-52 bomber fleets and a discussion of
the forecasted service-life and all sustainment
challenges that the Secretary of the Air Force
may confront in keeping those platforms viable
until the retirement of such aircraft;
(B) a discussion, presented in a comparison
and contrast type format, of the scope of the
2007 Next-Generation Long Range Strike Analysis
of Alternatives guidance and subsequent
Analysis of Alternatives report tasked by the
Under Secretary of Defense for Acquisition,
Technology, and Logistics in the September 11,
2006, Acquisition Decision Memorandum, as
compared to the scope and directed guidance of
the year 2010 Long Range Strike Study effort
currently being conducted by the Under
Secretary of Defense for Policy and the Office
of the Secretary of Defense's Cost Assessment
and Program Evaluation Office;
(C) a discussion of an objectivity and
sufficiency review of the final report issued
subsequent to the 2010 Long Range Strike study
effort currently being conducted by the Under
Secretary of Defense for Policy and the Office
of the Secretary of Defense's Cost Assessment
and Program Evaluation Office;
(D) a discussion of the progress of efforts
to field a next generation long-range strike
platform, including a review of--
(i) the next generation long-range
strike requirements development and
validation;
(ii) the threshold and objective key
performance parameters;
(iii) the acquisition strategy, the
acquisition oversight strategy,
projected life-cycle costs, the cost-
risk analysis, the technology readiness
levels of planned capabilities; and
(iv) the development, testing,
production and fielding timelines;
(E) a discussion of the costs, development,
testing, fielding and operational employment
challenges, capability gaps, limitations and
shortfalls of the Secretary of Defense's plan
to field a long-range, penetrating, survivable,
persistent and enduring ``family of systems''
as compared to the development, testing,
fielding and operational employment of a
singular platform that encompasses all the
required aforementioned characteristics; and
(F) a discussion of the planning efforts for
developing and fielding a transformational
long-range strike capability in the 2035
timeframe.
(2) Preparation of report.--The report under
paragraph (1) shall be prepared by the Institute for
Defense Analyses and submitted to the Secretary of the
Air Force for submittal by the Secretary in accordance
with that paragraph.
(b) Cost Analysis and Program Evaluation Report.--The
Director of the Cost Analysis and Program Evaluation of the
Office of the Secretary of Defense shall submit to the
congressional defense committees, the Director of the
Congressional Budget Office, and the Comptroller General of the
United States a report that includes--
(1) the assumptions and estimated life-cycle costs of
the Department's long-range, penetrating, survivable,
persistent, and enduring ``family of systems''
platforms; and
(2) the assumptions and estimated life-cycle costs of
the Next Generation Platform program, as planned and
approved by the Secretary of Defense, prior to the
cancellation of the program on April 6, 2009.
(c) CBO Report.--Not later than 360 days after the date of
the enactment of this Act, the Congressional Budget Office
shall submit to the congressional defense committees and to the
Comptroller General of the United States a report that
includes--
(1) a life-cycle-cost analysis of the costs of
modernizing and sustaining the current fleet of B-1, B-
2 and B-52 bombers to meet future long-range strike
requirements compared to the costs of development,
testing, fielding, and operational employment of a
singular Next Generation Bomber platform to replace the
existing fleet of B-1, B-2 and B-52 platforms;
(2) a life-cycle-cost analysis of the costs of the
Secretary of Defense's plan to field a long-range,
penetrating, survivable, persistent, and enduring
``family of systems'' compared to the costs of
developing, testing, fielding and operational
employment of a singular Next Generation Bomber
platform;
(3) a life-cycle-cost analysis of the costs the
Secretary of Defense's plan to field a long-range,
penetrating, survivable, persistent and enduring
``family of systems'' compared to the costs of
modernizing and sustaining the current fleet of B-1, B-
2 and B-52 bombers to meet future long-range strike
requirements; and
(4) the results of an objectivity and sufficiency
review of the cost analysis described in subsection
(b)(1).
(d) Access to Programmatic Information.--
(1) In general.--The Secretary of Defense and the
Secretary of the Air Force shall provide prompt access
to programmatic information requested by agency
personnel for the purpose of producing a report
required under this section, including any and all
classified information pertaining to the Department's
``family of systems'' programs.
(2) Prompt access defined.--For purposes of paragraph
(1), the term ``prompt access'' means access provided
not later than 15 business days after receiving a
request.
----------
39. An Amendment To Be Offered by Representative Lipinski, Daniel of
Illinois or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. PROCUREMENT OF ARTICLES, MATERIALS, AND SUPPLIES FOR USE
OUTSIDE THE UNITED STATES.
(a) Requirement.--In procuring articles, materials, or
supplies for use outside of the United States, including
procurements for military construction projects, the Department
of Defense shall solicit bids from United States sources.
(b) Exception.--Subsection (a) shall not apply if the
articles, materials, or supplies to be procured are--
(1) not mined, produced, or manufactured in the
United States in sufficient and reasonably available
quantities;
(2) needed on an urgent basis and not acquired on a
regular basis; or
(3) perishable, or will otherwise degrade because of
the time involved in shipping.
----------
40. An Amendment To Be Offered by Representative Brown-Waite, Ginny of
Florida or Her Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 579. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.
(a) Authority To Award.--The Secretary of the Army may award
the Army Combat Action Badge (established by order of the
Secretary of the Army through Headquarters, Department of the
Army Letter 600-05-1, dated June 3, 2005) to a person who,
while a member of the Army, participated in combat during which
the person personally engaged, or was personally engaged by,
the enemy at any time during the period beginning on December
7, 1941, and ending on September 18, 2001 (the date of the
otherwise applicable limitation on retroactivity for the award
of such decoration), if the Secretary determines that the
person has not been previously recognized in an appropriate
manner for such participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so
that eligible recipients of the Army Combat Action Badge
pursuant to subsection (a) may procure the badge directly from
suppliers, thereby eliminating or at least substantially
reducing administrative costs for the Army to carry out this
section.
----------
41. An Amendment To Be Offered by Representative Braley, Bruce of Iowa
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following new
section:
SEC. 12XX. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM.
(a) Findings.--Congress finds the following:
(1) The United States has been engaged in military
operations in Afghanistan since October 2001 and in
military operations in Iraq since March 2003.
(2) According to the Congressional Research Service,
through fiscal year 2009, Congress has appropriated
$944,000,000,000 for the Department of Defense, the
Department of State, and for medical costs paid by the
Department of Veterans Affairs. This amount includes
$683,000,000,000 for Iraq and $227,000,000,000 for
Afghanistan.
(3) Over 90 percent of Department of Defense funds
for operations in Iraq and Afghanistan have been
provided as emergency funds in supplemental or
additional appropriations.
(4) The Congressional Budget Office and the
Congressional Research Service have stated that future
war costs are difficult to estimate because the
Department of Defense provides little information on
costs incurred to date, does not report outlays or
actual expenditures for war because war and baseline
funds are mixed in the same accounts, and because of a
lack of information from the Department of Defense on
many of the key factors that determine costs, including
personnel levels or the pace of operations.
(5) Over 2 million United States troops have served
in Iraq and Afghanistan since the beginning of the
conflicts.
(6) Over 4,400 United States troops and Department of
Defense civilian personnel have been killed in
Operation Iraqi Freedom and over 1,060 United States
troops and Department of Defense civilian personnel
have been killed in Operation Enduring Freedom.
(7) Over 1,340 service members have suffered
amputations as a result of their service in Iraq and
Afghanistan.
(8) More than 243,685 Iraq and Afghanistan veterans
have been treated for mental health conditions, more
than 129,654 Iraq and Afghanistan veterans have been
diagnosed with Post-Traumatic Stress Disorder, and
approximately 30,000 have a confirmed Traumatic Brain
Injury diagnosis.
(9) Approximately 46 percent of Iraq and Afghanistan
veterans have sought treatment at Department of
Veterans Affairs hospitals and clinics.
(10) The Independent Review Group on Rehabilitative
Care and Administrative Processes at Walter Reed Army
Medical Center and National Naval Medical Center
identified Traumatic Brain Injury, Post-Traumatic
Stress Disorder, increased survival of severe burns,
and traumatic amputations as the four signature wounds
of the current conflicts.
(11) The Independent Review Group report also states
that the recovery process ``can take months or years
and must accommodate recurring or delayed
manifestations of symptoms, extended rehabilitation and
all the life complications that emerge over time from
such trauma''.
(b) Report Requirement; Scenarios.--Not later than the date
on which the budget of the United States Government is
submitted under section 1105(a) of title 31, United States
Code, for fiscal year 2012, the President, with contributions
from the Secretary of Defense, the Secretary of State, and the
Secretary of the Department of Veterans Affairs, shall submit a
report to Congress containing an estimate of the long-term
costs of Operation Iraqi Freedom and Operation Enduring
Freedom. The report shall contain estimates for the following
scenarios:
(1) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom
is reduced from current levels to approximately 150,000
by the end of fiscal year 2011, 65,000 by the end of
fiscal year 2012, and 30,000 by the end of fiscal year
2013, and remains at that level through fiscal year
2020.
(2) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom
is increased from current levels to approximately
235,000 by the end of fiscal year 2010, is reduced to
230,000 by the end of fiscal year 2011, is reduced to
195,000 by the end of fiscal year 2012, is reduced to
135,000 by the end of fiscal year 2013, is reduced to
80,000 by the end of fiscal year 2014, is reduced to
60,000 by the end of fiscal year 2015, and remains at
that level through fiscal year 2020.
(3) An alternative scenario, defined by the President
and based on current war and withdrawal plans, which
takes into account expected troop levels and the
expected length of time that troops will be deployed in
support of Operation Iraqi Freedom and Operation
Enduring Freedom.
(c) Special Considerations.--The estimates required for each
scenario shall make projections through at least fiscal year
2020, shall be adjusted appropriately for inflation, shall be
based on historical trends, and to the maximum extent
practicable shall take into account and specify the following:
(1) The total number of troops expected to be
activated and deployed to Iraq and Afghanistan during
the course of Operation Iraqi Freedom and Operation
Enduring Freedom. This number shall include all troops
deployed in the region in support of Operation Iraqi
Freedom and Operation Enduring Freedom and activated
reservists in the United States who are training,
backfilling for deployed troops, or supporting other
Department of Defense missions directly or indirectly
related to Operation Iraqi Freedom and Operation
Enduring Freedom. This number shall also break down
activations and deployments of Active Duty, Reservists,
and National Guard troops.
(2) The number of troops, including National Guard
and Reserve troops, who have served and who are
expected to serve multiple deployments.
(3) The number of contractors and private military
security firms that have been utilized and are expected
to be utilized during the course of the conflicts in
Iraq and Afghanistan.
(4) The number of veterans currently suffering and
expected to suffer from Post-Traumatic Stress Disorder,
Traumatic Brain Injury, or other mental injuries.
(5) The number of veterans currently in need of and
expected to be in need of prosthetic care and treatment
because of amputations incurred during Operation Iraqi
Freedom and Operation Enduring Freedom.
(6) The current number of pending Department of
Veterans Affairs claims from Iraq and Afghanistan
veterans, and the total number of Iraq and Afghanistan
veterans expected to seek disability compensation
benefits from the Department of Veterans Affairs.
(7) The total number of troops who have been killed
and wounded in Iraq and Afghanistan to date, including
noncombat casualties, the total number of troops
expected to suffer injuries in Iraq and Afghanistan,
and the total number of troops expected to be killed in
Iraq and Afghanistan, including noncombat casualties.
(8) Funding already appropriated for the Department
of Defense, the Department of State, and the Department
of Veterans Affairs for costs related to the wars in
Iraq and Afghanistan. This shall include an account of
the amount of funding from regular Department of
Defense, Department of State, and Department of
Veterans Affairs budgets that has gone and will go to
Iraq and Afghanistan.
(9) Current and future operational expenditures,
including funding for combat operations; deploying,
transporting, feeding, and housing troops (including
fuel costs); deployment of National Guard and Reserve
troops; the equipping and training of Iraqi and Afghan
forces; purchasing, upgrading, and repairing weapons,
munitions and other equipment; and payments to other
countries for logistical assistance.
(10) Past, current, and future cost of government
contractors and private military security firms.
(11) Average annual cost for each troop and combat
brigade deployed in support of Operation Iraqi Freedom
and Operation Enduring Freedom, including room and
board, equipment and body armor, transportation of
troops and equipment (including fuel costs), and
operational costs.
(12) Current and future cost of combat-related
special pays and benefits, including reenlistment
bonuses.
(13) Current and future cost of activating National
Guard and Reserve forces and paying them on a full-time
basis.
(14) Current and future cost for reconstruction,
embassy operations and construction, and foreign aid
programs for Iraq and Afghanistan.
(15) Current and future cost of bases and other
infrastructure to support United States troops in Iraq
and Afghanistan.
(16) Current and future cost of providing healthcare
for returning veterans. This estimate shall include the
cost of mental health treatment for veterans suffering
from Post-Traumatic Stress Disorder and Traumatic Brain
Injury, and other mental problems as a result of their
service in Operation Iraqi Freedom and Operation
Enduring Freedom. This estimate shall also include the
cost of lifetime prosthetics care and treatment for
veterans suffering from amputations as a result of
their service in Operation Iraqi Freedom and Operation
Enduring Freedom.
(17) Current and future cost of providing Department
of Veterans Affairs disability benefits for lifetime of
veterans.
(18) Current and future cost of providing survivors'
benefits to survivors of service members.
(19) Cost of bringing troops and equipment home at
the end of the wars, including cost of demobilizing
troops, transporting troops home (including fuel
costs), providing transition services from active duty
to veteran status, transporting equipment, weapons, and
munitions (including fuel costs), and an estimate of
the value of equipment which will be left behind.
(20) Cost to restore the military and military
equipment, including the National Guard and National
Guard equipment, to full strength after the wars.
(21) Cost of the administration's plan to permanently
increase the Army and Marine Corps by 92,000.
(22) Amount of money borrowed to pay for the wars in
Iraq and Afghanistan, and the sources of that money.
(23) Interest on borrowed money, including interest
for money already borrowed and anticipated interest
payments on future borrowing for the war in Iraq and
the war in Afghanistan to the extent all spending
associated with the war in Iraq and the war in
Afghanistan have been and will be financed with
borrowed money.
----------
42. An Amendment To Be Offered by Representative Eshoo, Anna of
California or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title IX, add the following new
section:
SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY
OFFICE.
(a) Audits.--Title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.) is amended by adding at the end the
following new section:
``AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY OFFICE
``Sec. 508. (a) In General.--Except as provided in
subsection (b), the Director of National Intelligence shall
ensure that personnel of the Government Accountability Office
designated by the Comptroller General are provided with access
to all information in the possession of an element of the
intelligence community that the Comptroller General determines
is necessary for such personnel to conduct an analysis,
evaluation, or investigation of a program or activity of an
element of the intelligence community that is requested by one
of the congressional intelligence committees.
``(b) Audits of Programs Involving Sources and Methods.--(1)
If the Director of National Intelligence determines that a
portion of an analysis, evaluation, or investigation to be
conducted by the Comptroller General that is requested by a
committee of Congress with jurisdiction over the subject of
such analysis, evaluation, or investigation involves a matter
that is subject to the reporting requirements of section 503 or
intelligence sources or methods, such portion may be redacted
from such analysis, evaluation, or investigation and provided
exclusively to the congressional intelligence committees.
``(2) If the Director of National Intelligence redacts a
portion of an analysis, evaluation, or investigation under
paragraph (1), the Director shall inform the committee of
Congress that requested such analysis, evaluation, or
investigation of the redaction.
``(c) Notice of Analysis, Evaluation, or Investigation and
Procedures.--Not later than 15 days before initiating an
analysis, evaluation, or investigation of an element of the
intelligence community, the Comptroller General shall submit to
the congressional intelligence committees a notice that
includes--
``(1) a description of the analysis, evaluation, or
investigation to occur and the purposes of such
analysis, evaluation, or investigation;
``(2) the names of the personnel who will conduct
such analysis, evaluation, or investigation and the
level of security clearance possessed by such
personnel; and
``(3) the procedures to be used in the course of such
analysis, evaluation, or investigation for examining
classified information, including a description of all
facilities and materials that will be used.
``(d) Discussion of Procedures.--(1) Prior to initiating an
analysis, evaluation, or investigation of an element of the
intelligence community, the Comptroller General, in
consultation with the congressional intelligence committees,
shall discuss with the Director of National Intelligence the
procedures for conducting such analysis, evaluation, or
investigation.
``(2) Not later than five days after the discussion referred
to in paragraph (1), the Director of National Intelligence may
submit to the Comptroller General a written comment suggesting
any changes or modifications to the procedures referred to in
paragraph (1).
``(e) Confidentiality.--The Comptroller General shall
maintain the same level of confidentiality for a record made
available during the course of an analysis, evaluation, or
investigation involving sources or methods as is required of
the head of the element of the intelligence community from
which such record is obtained. An officer or employee of the
Government Accountability Office shall be subject to the same
statutory penalties for unauthorized disclosure or use of a
record as an officer or employee of the element of the
intelligence community that provided the Comptroller General or
such officer or employee of the Government Accountability
Office with access to such record.
``(f) Workpapers.--All workpapers of the Comptroller General
and all records and property of any element of the intelligence
community that the Comptroller General uses during the course
of an analysis, evaluation, or investigation involving sources
or methods shall remain in facilities provided by the element
of the intelligence community providing such records and
property.
``(g) Provision of Supplies.--The head of each element of the
intelligence community that is a subject of an analysis,
evaluation, or investigation by the Comptroller General
involving sources or methods shall provide the Comptroller
General with suitable and secure offices and furniture,
telephones, and access to copying facilities, for purposes of
such analysis, evaluation, or investigation.
``(h) Procedures for Protection of Information.--The
Comptroller General, in consultation with the congressional
intelligence committees, shall establish procedures to protect
from unauthorized disclosure all classified and other sensitive
information furnished to the Comptroller General in the course
of conducting an analysis, evaluation, or investigation
involving sources and methods.
``(i) Submission of Names of Personnel Conducting Analysis,
Evaluation, or Investigation.--Prior to initiating an analysis,
evaluation, or investigation involving sources and methods, the
Comptroller General shall provide the Director of National
Intelligence and the head of each element of the intelligence
community that is a subject of such analysis, evaluation, or
investigation with the name of each officer and employee of the
Government Accountability Office who has obtained appropriate
security clearance and to whom, upon proper identification, the
head of such element shall make available records and
information during the course of such analysis, evaluation, or
investigation.
``(j) Cooperation.--The head of each element of the
intelligence community that is a subject of an analysis,
evaluation, or investigation shall cooperate fully with the
Comptroller General and provide timely responses to requests by
the Comptroller General for documentation and information made
pursuant to this section.
``(k) Rule of Construction.--Except as provided in subsection
(b), nothing in this section or any other provision of law
shall be construed to restrict or limit the authority of the
Comptroller General to audit, evaluate, or obtain access to the
records of an element of the intelligence community absent
specific statutory language restricting or limiting such
audits, evaluations, or access to records.''.
----------
43. An Amendment To Be Offered by Representative Murphy, Christopher of
Connecticut or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. ADDITIONAL INFORMATION ON WAIVERS UNDER BUY AMERICAN ACT BY
DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN
ANNUAL REPORT.
Section 812 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is
amended in subsection (c)(2)(A) by striking clause (vi) and
inserting the following:
``(v) An itemized list of all waivers granted
with respect to such articles, materials, or
supplies under the Buy American Act (41 U.S.C.
10a et seq.), including--
``(I) an analysis of the domestic
capacity to supply the articles,
materials, or supplies; and
``(II) an analysis of the reasons for
an increase or decrease in the number
of waivers granted from fiscal year to
fiscal year.''.
----------
44. An Amendment To Be Offered by Representative Richardson, Laura of
California or Her Designee, Debatable for 10 Minutes
Page 99, after line 23, insert the following:
SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.
The Commander of the United States Transportation Command
shall update the study entitled ``PORT LOOK 2008 Strategic
Seaports Study''. In updating the study under this section, the
commander shall consider the infrastructure in the vicinity of
a strategic port, including bridges, roads, and rail, and any
issues relating to the capacity and condition of such
infrastructure
----------
45. An Amendment To Be Offered by Representative Murphy, Tim of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of title VI, add the following new section:
SEC. 6_. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR RECRUITMENT
AND RETENTION OF HEALTH CARE PROFESSIONALS FOR
RESERVE COMPONENTS.
Not later than 90 days after the date of the enactment of
this Act, the Surgeons General of the Army, Navy, and Air Force
shall submit to Congress a report on their staffing needs for
health care professionals in the active and reserve components
of the Armed Forces. The report shall specifically identify the
positions in most critical need for additional health care
professionals, including the number of physicians needed and
whether additional behavioral health professionals, such as
psychologists and psychiatrists, are needed to treat members of
the Armed Forces for the growing concerns of post traumatic
stress disorder and traumatic brain injury. The report shall
include recommendations for providing incentives for health
care professionals with more than 20 years of clinical
experience to join the active or reserve components, including
whether changes in age or length of service requirements to
qualify for partial retired pay for non-regular service could
be used as a recruitment or retention incentives.
----------
46. An Amendment To Be Offered by Representative Space, Zachary of Ohio
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V (page 151, after line
12), add the following new section:
SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR
DISCHARGE FROM ACTIVE DUTY (DD FORM 214).
Section 596 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is
amended--
(1) by inserting ``(a) Election to Forward
Certificate to VA Offices--'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new
subsection:
``(b) Secure Method of Electronic Delivery.--
``(1) Development and implementation.--The Secretary
of Veterans Affairs, in consultation with the Secretary
of Defense, shall develop and implement a secure
electronic method of forwarding the DD Form 214 to the
appropriate office specified in subsection (a)(2). The
Secretary of Veterans Affairs shall ensure that the
method permits such offices to access the forms
electronically using current computer operating
systems.
``(2) Authority to cease delivery.--In developing the
secure electronic method of forwarding DD Forms 214,
the Secretary of Veterans Affairs shall ensure that the
information provided is not disclosed or used for
unauthorized purposes and may cease forwarding the
forms electronically to an office specified in
subsection (a)(2) if demonstrated problems arise.''.
----------
47. An Amendment To Be Offered by Representative Sarbanes, John of
Maryland or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. OFFICE OF FEDERAL PROCUREMENT POLICY ACT AMENDMENTS.
(a) Service Contract Inventory Requirement.--
(1) In general.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.) is amended by adding
at the end the following new section:
``SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT.
``(a) Service Contract Inventory Requirement.--
``(1) Guidance.--The Director of the Office of
Management and Budget shall develop and disseminate
guidance to aid executive agencies in establishing
systems for the collection of information required to
meet the requirements of this section and to ensure
consistency of inventories across agencies.
``(2) Report.--The Director of the Office of
Management and Budget shall submit a report to Congress
on the status of efforts to enable executive agencies
to prepare the inventories required under paragraph
(3), including the development, as appropriate, of
guidance, methodologies, and technical tools.
``(3) Inventory contents.--Not later than December
31, 2010, and annually thereafter, the head of each
executive agency required to submit an inventory in
accordance with the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note),
other than the Department of Defense, shall submit to
the Office of Management and Budget an annual inventory
of service contracts awarded or extended through the
exercise of an option or a task order, for or on behalf
of such agency. For each service contract, the entry
for an inventory under this section shall include, for
the preceding fiscal year, the following:
``(A) A description of the services purchased
by the executive agency and the role the
services played in achieving agency objectives,
regardless of whether such a purchase was made
through a contract or task order.
``(B) The organizational component of the
executive agency administering the contract,
and the organizational component of the agency
whose requirements are being met through
contractor performance of the service.
``(C) The total dollar amount obligated for
services under the contract and the funding
source for the contract.
``(D) The total dollar amount invoiced for
services under the contract.
``(E) The contract type and date of award.
``(F) The name of the contractor and place of
performance.
``(G) The number and work location of
contractor and subcontractor employees,
expressed as full-time equivalents for direct
labor, compensated under the contract, using
direct labor hours and associated cost data
collected from contractors.
``(H) Whether the contract is a personal
services contract.
``(I) Whether the contract was awarded on a
noncompetitive basis, regardless of date of
award.
``(b) Form.--Reports required under this section shall be
submitted in unclassified form, but may include a classified
annex.
``(c) Publication.--Not later than 30 days after the date on
which the inventory under subsection (a)(3) is required to be
submitted to the Office of Management and Budget, the head of
each executive agency shall--
``(1) make the inventory available to the public; and
``(2) publish in the Federal Register a notice that
the inventory is available to the public.
``(d) Government-wide Inventory Report.--Not later than 90
days after the deadline for submitting inventories under
subsection (a)(3), and annually thereafter, the Director of the
Office of Management and Budget shall submit to Congress and
make publicly available on the Office of Management and Budget
website a report on the inventories submitted. The report shall
identify whether each agency required to submit an inventory
under subsection (a)(3) has met such requirement and summarize
the information submitted by each executive agency required to
have a Chief Financial Officer pursuant to section 901 of title
31, United States Code.
``(e) Review and Planning Requirements.--Not later than 180
days after the deadline for submitting inventories under
subsection (a)(3) for an executive agency, the head of the
executive agency, or an official designated by the agency head
shall--
``(1) review the contracts and information in the
inventory;
``(2) ensure that--
``(A) each contract in the inventory that is
a personal services contract has been entered
into, and is being performed, in accordance
with applicable laws and regulations;
``(B) the contracts do not include to the
maximum extent practicable functions that are
closely associated with inherently governmental
functions;
``(C) the agency is not using contractor
employees to perform inherently governmental
functions;
``(D) the agency has specific safeguards and
monitoring systems in place to ensure that work
being performed by contractors has not changed
or expanded during performance to become an
inherently governmental function;
``(E) the agency is not using contractor
employees to perform critical functions in such
a way that could affect the ability of the
agency to maintain control of its mission and
operations; and
``(F) there are sufficient internal agency
resources to manage and oversee contracts
effectively;
``(3) identify contracts that have been poorly
performed, as determined by a contracting officer,
because of excessive costs or inferior quality; and
``(4) identify contracts that should be considered
for conversion to--
``(A) performance by Federal employees of the
executive agency in accordance with agency
insourcing guidelines required under section
736 of the Financial Services and General
Government Appropriations Act, 2009 (Public Law
111-8, division D) and section 46 of this Act;
or
``(B) an alternative acquisition approach
that would better enable the agency to
efficiently utilize its assets and achieve its
public mission.
``(f) Report on Actions Taken in Response to Annual
Inventory.--Not later than one year after submitting an annual
inventory under subsection (a)(3), the head of each executive
agency submitting such an inventory shall submit to the Office
of Management and Budget a report summarizing the actions taken
pursuant to subsection (e), including any actions taken to
consider and convert functions from contractor to Federal
employee performance. The report shall be included as an
attachment to the next annual inventory and made publicly
available in accordance with subsection (c).
``(g) Submission of Service Contract Inventory Before Public-
private Competition.--Notwithstanding any other provision of
law, beginning in fiscal year 2011, if an executive agency has
not submitted to the Office of Management and Budget the
inventory required under subsection (a)(3) for the prior fiscal
year, the agency may not begin, plan for, or announce a study
or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A-76 or any other administrative regulation or directive until
such time as the inventory is submitted for the prior fiscal
year.
``(h) GAO Reports on Implementation.--
``(1) Report on guidance.--Not later than 120 days
after submission of the report by the Director of the
Office of Management and Budget required under
subsection (a)(2), the Comptroller General of the
United States shall report on the guidance issued and
actions taken by the Director. The report shall be
submitted to the Committee on Homeland Security and
Governmental Affairs and the Committee on
Appropriations of the Senate and the Committee on
Oversight and Government Reform and the Committee on
Appropriations of the House of Representatives.
``(2) Reports on inventories.--
``(A) Initial inventory.--Not later than
September 30, 2011, the Comptroller General of
the United States shall submit a report to the
Committees named in the preceding paragraph on
the initial implementation by executive
agencies of the inventory requirement in
subsection (a)(3) with respect to inventories
required to be submitted by December 31, 2010.
``(B) Second inventory.--Not later than
September 30, 2012, the Comptroller General
shall submit a report to the same Committees on
annual inventories required to be submitted by
December 31, 2011.
``(3) Periodic briefings.--The Comptroller General
shall provide periodic briefings, as may be requested
by the Committees, on matters related to implementation
of this section.
``(i) Executive Agency Defined.--In this section, the term
`executive agency' has the meaning given the term in section 4
of the Office of Federal Procurement Policy Act (41 U.S.C.
403).''.
(2) Clerical amendment.--The table of sections in
section 1 of such Act is amended by adding at the end
the following new item:
``Sec. 45. Service contract inventory requirement.''.
(3) Repeal of superseded law.--Section 743(c) of the
Financial Services and General Government
Appropriations Act, 2010 (Public Law 111-117; 123 Stat.
3216) is amended by striking ``and annually
thereafter,''.
(b) Prohibition Against Direct Conversions.--
(1) In general.--Section 43(a)(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 439) is
amended by striking ``10 or more''.
(2) Guidance.--Not later than 60 days after the date
of the enactment of this Act, the Director of the
Office of Management and Budget shall issue guidance to
all Federal agencies other than the Department of
Defense to ensure that no function last performed by
Federal employees is converted to contractor
performance without complying with the requirements of
section 43 of such Act, as amended by this section.
(c) Guidelines on Insourcing New and Contracted Out
Functions.--
(1) In general.--The Office of Federal Procurement
Policy Act (41 U.S.C. 403 et seq.), as amended by
subsection (a), is further amended by adding at the end
the following new section:
``SEC. 46. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.
``(a) Guidelines Required.--(1) The heads of executive
agencies subject to the Federal Activities Inventory Reform Act
of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall devise
and implement guidelines and procedures to ensure that
consideration is given to using, on a regular basis, Federal
employees to perform new functions and functions that are
performed by contractors and could be performed by Federal
employees.
``(2) The guidelines and procedures required under
subparagraph (A) may not include any specific limitation or
restriction on the number of functions or activities that may
be converted to performance by Federal employees.
``(b) Special Consideration for Certain Functions.--The
guidelines and procedures required under paragraph (1) shall
provide for special consideration to be given to using Federal
employees to perform any function that--
``(1) is performed by a contractor and--
``(A) has been performed by Federal employees
at any time during the previous 10 years;
``(B) is a function closely associated with
the performance of an inherently governmental
function;
``(C) has been performed pursuant to a
contract awarded on a non-competitive basis; or
``(D) has been performed poorly, as
determined by a contracting officer during the
5-year period preceding the date of such
determination, because of excessive costs or
inferior quality; or
``(2) is a new requirement, with particular emphasis
given to a new requirement that is similar to a
function previously performed by Federal employees or
is a function closely associated with the performance
of an inherently governmental function.
``(c) Exclusion of Certain Functions From Competitions.--The
head of an executive agency may not conduct a public-private
competition under Office of Management and Budget Circular A-76
or any other provision of law or regulation before--
``(1) in the case of a new agency function, assigning
the performance of the function to Federal employees;
``(2) in the case of any agency function described in
paragraph (2), converting the function to performance
by Federal employees; or
``(3) in the case of an agency function performed by
Federal employees, expanding the scope of the function.
``(d) Deadline.--(1) The head of each executive agency shall
implement the guidelines and procedures required under this
subsection by not later than 120 days after the date of the
enactment of this subsection.
``(2) Not later than 210 days after the date of the
enactment of this subsection, the Government
Accountability Office shall submit a report on the
implementation of this subsection to the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Oversight and Government
Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs
of the Senate.
``(e) Definitions.--In this subsection:
``(1) The term `inherently governmental functions'
has the meaning given such term in subpart 7.5 of part
7 of the Federal Acquisition Regulation.
``(2) The term `functions closely associated with
inherently governmental functions' means the functions
described in section 7.503(d) of the Federal
Acquisition Regulation.
``(f) Applicability.--This subsection shall not apply to the
Department of Defense.''.
(2) Clerical amendment.--The table of sections in
section 1 of such Act, as amended by subsection (a), is
further amended by adding at the end the following new
item:
``Sec. 46. Guidelines on insourcing new and contracted out functions.''.
(3) Repeal of superseded law.--Subsection (b) of
section 739 of division D of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2030) is repealed.
(d) Conversion of Functions to Performance by Federal
Employees.--
(1) Decision to insource.--The Office of Management
and Budget shall not establish any numerical goal,
target, or quota for the conversion to performance by
Federal employees of functions previously performed by
contractors unless such goal, target, or quota is based
on considered research and analysis.
(2) Reports.--
(A) Report to congress.--The Office of
Management and Budget shall submit to Congress
a report on the aggregate results of the
efforts of each Federal agency to convert
functions from contractor performance to
performance by Federal agency employees made
during fiscal year 2010. Such report shall
include--
(i) agency decisions for converting
such functions to Federal employee
performance;
(ii) the basis and rationale for the
agency decisions;
(iii) the number of contractor
employees whose functions were
converted to performance by Federal
employees.
(B) Comptroller general report.--Not later
than 120 days after the submittal of the report
under paragraph (1), the Comptroller General of
the United States shall submit to the Committee
on Oversight and Government Reform of the House
of Representatives, and the Committee on
Homeland Security and Governmental Affairs of
the Senate an assessment of the report.
(3) Department of defense.--Nothing in this
subsection shall apply to the Department of Defense.
----------
48. An Amendment To Be Offered by Representative Walz, Timothy of
Minnesota or His Designee, Debatable for 10 Minutes
Strike subtitle F of title VI and insert the following new
subtitle:
Subtitle F--Alternative Career Track Pilot Program
SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK FOR
COMMISSIONED OFFICERS TO FACILITATE AN INCREASED
COMMITMENT TO ACADEMIC AND PROFESSIONAL EDUCATION
AND CAREER-BROADENING ASSIGNMENTS.
(a) Program Authorized.--Chapter 39 of title 10, United
States Code, is amended by inserting after section 672 the
following new section:
``Sec. 673. Alternative career track for commissioned officers pilot
program
``(a) Program Authorized.--(1) Under regulations prescribed
pursuant to subsection (g) and approved by the Secretary of
Defense, the Secretary of a military department may establish a
pilot program for an armed force under the jurisdiction of the
Secretary under which an eligible commissioned officer, while
on active duty--
``(A) participates in a separate career track
characterized by expanded career opportunities
extending over a longer career;
``(B) agrees to an additional active duty service
obligation of at least five years to be served
concurrently with other active duty service
obligations; and
``(C) would be required to accept further active duty
service obligations, as determined by the Secretary, to
be served concurrently with other active duty service
obligations, including the active duty service
obligation accepted under subparagraph (B), in
connection with the officer's entry into education
programs, selection for career broadening assignments,
acceptance of additional special and incentive pays, or
selection for promotion.
``(2) The Secretary of the military department concerned may
waive an active duty service obligation accepted under
subparagraph (B) or (C) of paragraph (1) to facilitate the
separation or retirement of a participant in the program.
``(3) The program shall be known as the `Alternative Career
Track Pilot Program' (in this section referred to as the
`program').
``(b) Eligible Officers.--Commissioned officers with between
13 and 18 years of service are eligible to volunteer to
participate in the program.
``(c) Number of Participants.--No more than 50 officers of
each armed force may be selected per year to participate in the
program.
``(d) Alternative Career Elements of Program.--(1) The
Secretaries of the military departments may establish separate
basic pay and special and incentive pay and promotion systems
unique to the officers participating in the program, without
regard to the requirements of this title, title 37, or
administrative year group cohort designation..
``(2) The Secretaries of the military departments may
establish separation and retirement policies for officers
participating in the program without regard to grade and years
of service requirements established under this title.
``(3) Participants serving in a grade below brigadier general
or rear admiral (lower half) may serve in the grade without
regard to the limits on the number of officers in the grade
established under this title.
``(e) Treatment of General and Flag Officer Participants.--
(1) A participant serving in a grade above colonel, or captain
in the Navy, but below lieutenant general or vice admiral,
shall be--
``(A) counted for purposes of general officer and
flag officer limits on grade and the total number
serving as general officers and flag officers, if the
participant is serving in a position requiring the
assignment of a military officer; but
``(B) excluded from limits on grade and the total
number serving as general officers and flag officers,
if the participant is serving in a position not
typically occupied by a military officer.
``(2) A participant serving in the grade of lieutenant
general, vice admiral, general, or admiral shall be counted for
purposes of general officer and flag officer limits on grade
and the total number serving as general officers and flag
officers.
``(f) Return to Standard Career Path; Effect.--(1) The
Secretaries of the military departments retain the authority to
involuntarily return an officer to the standard career path.
``(2) The Secretary of the military department concerned may
return an officer to the standard career path at the request of
the officer.
``(3) If the program is terminated pursuant to paragraph (4)
or (5) of subsection (i), officers participating in the program
at the time of the termination shall be returned to the
standard career path with appropriate adjustments to their
administrative record to ensure they are not penalized for
participating in the pilot program.
``(4) An officer returned to the standard career path under
paragraph (1), (2), or (3) shall retain the grade, date-of-
rank, and basic pay level earned while a participant in the
program but shall revert to the special and incentive pay
authorities established in title 37 upon the expiration of the
agreement between the Secretary and the officer providing any
special and incentive pays under the program. Subsequent
increases in the officer's rate of monthly basic pay shall
conform to the annual percentage increases in basic pay rates
provided in the basic pay table.
``(5) Services will adjust the participating officer's cohort
year group to the appropriate year to ensure the officer
remains competitive for all promotions and command
opportunities in their standard career path.
``(g) Annual Report.--(1) The Secretaries of the military
departments, in cooperation with the Secretary of Defense,
shall submit to the Committees on Armed Services of the Senate
and House of Representatives an annual report containing the
findings and recommendations of the Secretary of Defense and
the Secretaries of the military departments concerning the
progress of the program for each armed force.
``(2) The Secretary of a military department, with the
consent of the Secretary of Defense, may include in the report
for a year a recommendation that the program be made permanent
for an armed force under the jurisdiction of that Secretary.
``(h) Regulations.--The Secretary of each military department
shall prescribe regulations to carry out the program. The
regulations shall be subject to the approval of the Secretary
of Defense.
``(i) Commencement; Duration.--(1) Before authorizing the
commencement of the program for an armed force, the Secretary
of the military department concerned, with the consent of the
Secretary of Defense, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report
containing the detailed program structure of the alternative
career track, associated personnel and compensation policies,
implementing instructions and regulations, and a summary of the
specific provisions of this title and title 37 to be waived
under the program. The authority to conduct the program for
that armed force commences 120 days after the date of the
submission of the report.
``(2) The Secretary of the military department concerned,
with the consent of the Secretary of Defense, may authorize
revision of the program structure, associated personnel and
compensation policies, implementing instructions and
regulations, or laws waived, as submitted by the Secretary
under paragraph (1). The Secretary of the military department
concerned, with the consent of the Secretary of Defense, shall
submit the proposed revisions to the Committees on Armed
Services of the Senate and House of Representatives. The
revisions shall take effect 120 days after the date of their
submission.
``(3) If the program for an armed force has not commenced
before December 31, 2015, as provided in paragraph (1), the
authority to commence the program for that armed force
terminates.
``(4) No officer may be accepted to participate in the
program after December 31, 2026.
``(5) The Secretary of the military department concerned,
with the consent of the Secretary of Defense, may terminate the
pilot program for an armed force before the date specified in
paragraph (4). Not later than 90 days after terminating the
pilot program, the Secretary of the military department
concerned, in cooperation with the Secretary of Defense, shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report containing the reasons for
the termination.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 672 the following new item:
``673. Alternative career track for commissioned officers pilot
program.''.
----------
49. An Amendment To Be Offered by Representative Childers, Travis of
Mississippi or His Designee, Debatable for 10 Minutes
Page 528, after line 17, insert the following:
SEC. 1523. REPORT ON MINE RESISTANT AMBUSH PROTECTED VEHICLES.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the
procurement of mine resistant ambush protected vehicles.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) An evaluation of potential cost benefits and
manufacturing efficiencies with respect to mine
resistant ambush protected vehicles.
(2) An evaluation of the advisability and feasibility
of sustained low-level production of mine resistant
ambush protected vehicles across the industrial base as
part of a long-term sustainment fleet integration
strategy.
----------
50. An Amendment To Be Offered by Representative Broun, Paul of Georgia
or His Designee, Debatable for 10 Minutes
At the appropriate place in the bill insert the following:
Whereas, on January 12, 2010, the nation of Haiti was hit by a magnitude
7.0 earthquake, adversely affecting nearly 3,000,000 people;
Whereas the United States Government has provided millions of dollars in
humanitarian assistance to meet immediate needs on the ground and plans to
give more over the next year;
Whereas the United States Armed Forces have diligently worked to aid the
people of Haiti during their time of need, providing humanitarian aid and
logistical support;
Whereas the United States Armed Forces, civilians, and charitable groups
have led the charge in an effort to maintain civility and bring some small
semblance of hope to the devastated nation;
Whereas members of the United States Armed Forces serve as the premier
ambassadors of liberty, freedom, and goodwill when tasked with a
humanitarian mission;
Whereas the generosity of the people of the United States is known the
world over and the United States flag is universally recognized as a symbol
of that generosity; and
Whereas the United States Government has provided more aid to the nation of
Haiti than all other nations combined: Now, therefore, be it
Resolved by the House of Representatives (the Senate
concurring), That Congress--
(1) commends the United States Armed Forces for their
commitment to completing their humanitarian mission in
Haiti; and
(2) encourages the President to order the United
States flag to be flown over all military and civilian
outposts in Haiti under the United States'
jurisdiction.
----------
51. An Amendment To Be Offered by Representative Edwards, Donna of
Maryland or Her Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. REQUIREMENT TO INCLUDE EFFECTS ON DOMESTIC JOBS IN PERIODIC
ASSESSMENTS OF DEFENSE CAPABILITY.
Section 2505(b)(4) of title 10, United States Code, is
amended by inserting after ``title)'' the following: ``,
including the effects on domestic jobs,''.
----------
52. An Amendment To Be Offered by Representative Carson, Andre of
Indiana or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF
THE ARMED FORCES AND THEIR SPOUSES.
Section 1142(b) of title 10, United States Code, is amended--
(1) in paragraph (5), by striking ``job placement
counseling for the spouse'' and inserting ``inclusion
of the spouse when counseling regarding the matters
covered by paragraphs (9), (10), and (16) is provided,
job placement counseling for the spouse, and the
provision of information on survivor benefits available
under the laws administered by the Secretary of Defense
or the Secretary of Veterans Affairs'';
(2) in paragraph (9), by inserting before the period
the following: ``, including information on budgeting,
saving, credit, loans, and taxes'';
(3) in paragraph (10), by striking ``and employment''
and inserting ``, employment, and financial'';
(4) by striking paragraph (16) and inserting the
following new paragraph:
``(16) Information on home loan services and housing
assistance benefits available under the laws
administered by the Secretary of Veterans Affairs and
counseling on responsible borrowing practices.''; and
(5) in paragraph (17), by inserting before the period
the following: ``, and information regarding the means
by which the member can receive additional counseling
regarding the member's actual entitlement to such
benefits and apply for such benefits''.
----------
53. An Amendment To Be Offered by Representative Foster, Bill of
Illinois or His Designee, Debatable for 10 Minutes
Page 452, after line 10, insert the following:
SEC. 1065. STUDY ON OPTIMAL BALANCE OF MANNED AND UNMANNED AERIAL
VEHICLE CAPABILITY.
(a) Study.--
(1) In general.--Not later than 30 days after the
date of the enactment of this Act, the Secretary of
Defense shall commission a study by an independent,
non-profit organization on the optimal balance between
manned and unmanned aerial vehicle forces of the Armed
Forces.
(2) Selection.--The independent, non-profit
organization selected for the study under paragraph (1)
shall be qualified on the basis of having performed
work in the fields of national security and combat
systems.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) With respect to each military department (but in
particular the Air Force), an assessment of the
feasibility and desirability of a more rapid transition
from manned to unmanned vehicles for a range of
operations, including combat operations.
(2) An evaluation of the current ability of each
military department to resist attacks mounted by
foreign militaries with significant investments in
research and development and deployment of unmanned
combat drones, including an assessment of each military
department's ability to defend against--
(A) a large enemy force of unmanned aerial
vehicles; and
(B) any other relevant unmanned scenario the
Secretary determines appropriate.
(3) An analysis of--
(A) current and future capabilities of
foreign militaries in developing and deploying
unmanned systems; and
(B) vulnerabilities to drone systems revealed
in past war games and other strategy materials.
(4) Conclusions on the matters described in
paragraphs (1) through (3) and what the independent,
non-profit organization conducting the study determines
is the optimal balance of investment in development and
deployment of manned versus unmanned platforms.
(c) Report.--Not later than December 1, 2011, the Secretary
of Defense shall submit to the congressional defense
committees, the Committee on Oversight and Government Reform of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report that
includes the study under subsection (a).
(d) Form.--
(1) Study.--The study under subsection (a) shall
include a classified annex with respect to the matters
described in subsection (b)(3).
(2) Report.--The report under subsection (c) may
include a classified annex.
----------
54. An Amendment To Be Offered by Representative Hare, Phil of Illinois
or His Designee, Debatable for 10 Minutes
Page 219, after line 5, insert the following:
SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST AWARDED TO
SURVIVING FAMILIES.
The Secretary of the Army shall submit to the congressional
defense committees a report on the heirloom chest policy of the
Army, including--
(1) a detailed explanation of such policy;
(2) the plans of the Secretary to continue the heirloom
chest program; and
(3) an estimate of the procurement costs to expand the
number of such chests to additional family members.
----------
55. An Amendment To Be Offered by Representative Luetkemeyer, Blaine of
Missouri or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 5_. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN
WORLD WAR I VETERANS.
(a) Review Required.--The Secretary of the Army and the
Secretary of the Navy shall review the service records of each
Jewish American World War I veteran described in subsection (b)
to determine whether that veteran should be posthumously
awarded the Medal of Honor.
(b) Covered Jewish American War Veterans.--The Jewish
American World War I veterans whose service records are to be
reviewed under subsection (a) are the following:
(1) Any Jewish American World War I veteran who was
previously awarded the Distinguished Service Cross, the
Navy Cross, or other military decoration for service
during World War I.
(2) Any other Jewish American World War I veteran
whose name is submitted to the Secretary concerned for
such purpose by the Jewish War Veterans of the United
States of America before the end of the one-year period
beginning on the date of the enactment of this Act.
(c) Consultations.--In carrying out the review under
subsection (a), the Secretary concerned shall consult with the
Jewish War Veterans of the United States of America and with
such other veterans service organizations as the Secretary
considers appropriate.
(d) Recommendation Based on Review.--If the Secretary
concerned determines, based upon the review under subsection
(a) of the service records of any Jewish American World War I
veteran, that the award of the Medal of Honor to that veteran
is warranted, the Secretary shall submit to the President a
recommendation that the President award the Medal of Honor
posthumously to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor may
be awarded posthumously to a Jewish American World War I
veteran in accordance with a recommendation of the Secretary
concerned under subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United
States Code; and
(2) any regulation or other administrative
restriction on--
(A) the time for awarding the Medal of Honor;
or
(B) the awarding of the Medal of Honor for
service for which a Distinguished Service
Cross, Navy Cross, or other military decoration
has been awarded.
(g) Definitions.--In this section:
(1) The term ``Jewish American World War I veteran''
means any person who served in the Armed Forces during
World War I and identified himself or herself as Jewish
on his or her military personnel records.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, in the case of
the Army; and
(B) the Secretary of the Navy, in the case of
the Navy and the Marine Corps.
(3) The term ``World War I'' means the period
beginning on April 6, 1917, and ending on November 11,
1918.
----------
56. An Amendment To Be Offered by Representative Dahlkemper, Kathleen
of Pennsylvania, or Her Designee, Debatable for 10 Minutes
Page 122, after line 18, insert the following:
SEC. 359. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR
DOMESTIC EMERGENCY ASSISTANCE.
(a) Domestic Authority.--Section 2557 of title 10, United
States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``In addition, the Secretary
may make nonlethal excess supplies of the Department
available to support domestic emergency assistance
activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess'';
and
(B) by adding at the end the following new
paragraph:
``(2) Excess supplies made available under this section to
support domestic emergency assistance activities shall be
transferred to the Secretary of Homeland Security. The
Secretary of Defense may provide assistance in the distribution
of such supplies at the request of the Secretary of Homeland
Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 2557. Excess nonlethal supplies: availability for humanitarian
relief, domestic emergency assistance, and homeless
veterans assistance''.
(2) Table of sections.--The item relating to such
section in the table of sections at the beginning of
chapter 152 of such title is amended to read as
follows:
``2557. Excess nonlethal supplies: availability for humanitarian relief,
domestic emergency assistance, and homeless veterans
assistance.''.
----------
57. An Amendment To Be Offered by Representative Price, David of North
Carolina or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE
SECURITY FUNCTIONS.
(a) Extension of Regulations.--
(1) In general.--The Secretary of Defense, in
coordination with the Secretary of State, shall issue
regulations to extend and apply the requirements of
section 862 of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
2302 note) to additional areas as designated under
paragraph (2) and as listed in paragraph (3).
(2) Additional areas designated.--The Secretary of
Defense shall designate as additional areas for
purposes of this section any area--
(A) that is an area within a foreign country
or an area covering all or part of more than
one foreign country;
(B) that is not an area of combat operations
as designated under subsection (c) of section
862 of such Act; and
(C) in which significant military operations,
as designated by the Secretary, are being
carried out by United States Armed Forces.
(3) Additional areas listed.--In addition to any
areas designated by the Secretary under paragraph (2),
the following areas shall be considered additional
areas listed in this paragraph for purposes of this
section:
(A) The Horn of Africa region.
(B) Yemen.
(C) The Philippines.
(D) Haiti.
(b) Extension Timelines.--The Secretary shall prescribe
regulations applicable to the additional areas--
(1) designated under subsection (a)(2), not later
than March 1, 2012; and
(2) listed in subsection (a)(3), not later than March
1, 2011.
(c) Report on Implementation.--Not later than 90 days after
the dates specified in subsection (b), the Secretary of
Defense, in coordination with the Secretary of State, shall
submit to Congress a report on the implementation of the
regulations prescribed under this section. The report shall
include--
(1) a complete list of additional areas designated by
the Secretary under subsection (a)(2), and a detailed
description of the criteria used to make the
designation;
(2) the total number of contractors performing
private security functions in each additional area
designated under subsection (a)(2) or listed in
subjection (a)(3); and
(3) an assessment of the long-term options for
reducing the use of contractors for private security
functions, including the use of Government personnel to
provide such functions.
(d) Private Security Functions.--Notwithstanding Section 864
of the National Defense Authorization Act for FY2008 (P.L. 110-
181), as amended by Section 813 of the NDAA for FY2010 (P.L.
111-84), in this section, the term ``private security
functions'' means activities engaged in by a contractor as
follows:
(1) Guarding of personnel, facilities, or property of
a Federal agency.
(2) Any other activity for which personnel are
required to carry weapons in the performance of their
duties.
Page 304, line 15, strike ``and''.
Page 304, line 21, strike the period and insert ``; and''.
Page 304, after line 21, insert the following:
``(C) the desirability and feasibility of
including in the common databases identified
under section 861(b)(4) information about
contracts subject to the regulations required
by section 839 of the National Defense
Authorization Act for Fiscal Year 2011
(providing for extending and applying the
requirements of section 862 to additional areas
designated or listed in that section 839).
----------
58. An Amendment To Be Offered by Representative Kirkpatrick, Ann of
Arizona or Her Designee, Debatable for 10 Minutes
Page 122, after line 18, insert the following:
SEC. 359. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.
(a) In General.--Section 2789 of title 10, United States
Code, is amended to read as follows:
``Sec. 2789. Recovery of Department of Defense property: unauthorized
or improper disposition
``(a) Prohibitions.--No member of the armed forces, civilian
employee of the Government, employee or agent of a contractor,
or any other person may sell, lend, pledge, barter, give,
transfer, or otherwise dispose of any clothing, arms, articles,
equipment, or any other military or Department of Defense
property--
``(1) to any person not authorized to receive the
property in accordance with applicable requirements
established by the Department of Defense or a component
thereof; or
``(2) in violation of applicable demilitarization
regulations of the Department of Defense or a component
thereof.
``(b) Seizure of Improperly Disposed of Property.--If a
member of the armed forces, civilian employee of the
Government, employee or agent of a contractor, or any other
person has improperly disposed of military or Department of
Defense property in violation of subsection (a), any civil or
military officer of the United States or any State or local law
enforcement official may seize the property, wherever found.
Title to military or Department of Defense property disposed of
in violation of subsection (a) remains with the United States.
Possession of such property by a person who is neither a member
of the armed forces nor an official of the United States is
prima facie evidence that the property has been disposed of in
violation of subsection (a).
``(c) Delivery of Seized Property.--Any official who seizes
property under subsection (b) and is not authorized to retain
it for the United States shall immediately deliver the property
to an authorized member of the armed forces or other authorized
official of the Department of Defense or the Department of
Justice.
``(d) Retroactive Enforcement Authorized.--This section shall
apply to any military or Department of Defense property which
was the subject of unauthorized disposition any time after
January 1, 2002. This section shall apply to significant
military equipment which was the subject of unauthorized
disposition at any time.
``(e) Severability Clause.--In the event that any portion of
this section is held unenforceable, all other portions of this
section shall remain in full force and effect.
``(f) Definition.--In this section, the term `significant
military equipment' means defense articles on the United States
Munitions List for which special export controls are warranted
because of their capacity for substantial military utility or
capability.''.
(b) Clerical Amendment.--The item relating to such section in
the table of sections at the beginning of chapter 165 of such
title is amended to read as follows:
``2789. Recovery of Department of Defense property: unauthorized or
improper disposition.''.
----------
59. An Amendment To Be Offered by Representative Kosmas, Suzanne of
Florida or Her Designee, Debatable for 10 Minutes
Page 99, after line 23, insert the following:
SEC. 336. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF THE NASA
SHUTTLE LOGISTICS DEPOT.
(a) Study.--The Secretary of Defense, in conjunction with the
Administrator of the National Aeronautics and Space
Administration, shall conduct a study of the feasibility of
joint usage of the National Aeronautics and Space
Administration Shuttle Logistics Depot in Cape Canaveral,
Florida, to supplement requirements for products and services
in support of reset initiatives, Advanced Technology Clusters,
engineering and reverse engineering analysis, and development
of innovative technology and processes to improve product
procurement and reduce risk, cost, and cycle time of system
delivery.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
committees on Armed Services of the Senate and House of
Representatives a report on the study required under subsection
(a).
----------
60. An Amendment To Be Offered by Representative Lujan, Ben of New
Mexico or His Designee, Debatable for 10 Minutes
Page 679, after line 25, insert the following:
SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH TECHNOLOGY
TRANSFER ACTIVITIES.
(a) In General.--The Administrator for Nuclear Security shall
encourage technology transfer activities at the national
security laboratories (as defined in section 3281 of the
National Nuclear Security Administration Act (50 U.S.C. 2471))
that lead to the creation of new private-sector employment
opportunities.
(b) Reports.--Not later than January 31 of each year, the
Administrator shall submit to Congress a report detailing the
number of new private-sector employment opportunities created
as a result of the previous years' technology transfer
activities at each national security laboratory.
----------
61. An Amendment To Be Offered by Representative Markey, Betsy of
Colorado or Her Designee, Debatable for 10 Minutes
Page 258, after line 12, insert the following:
SEC. 674. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND
POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH
SCIENCES.
(a) Scholarship Program.--
(1) Program.--The Secretary of Veterans Affairs shall
carry out a program to provide scholarships to
qualifying veterans for pursuit of a graduate or post-
graduate degree in behavioral health sciences.
(2) Designation.--The program carried out under this
section shall be known as the ``Department of Veterans
Affairs HONOR Scholarship Program'' (in this section
referred to as the ``scholarship program'').
(b) Qualifying Veterans.--For purposes of this section, a
qualifying veteran is any veteran who--
(1) during service on active duty in the Armed
Forces, participated for such period as the Secretary
of Veterans Affairs, in consultation with the Secretary
of Defense, shall specify for purposes of the
scholarship program in a theater of combat or during a
contingency operation overseas;
(2) was retired, discharged, separated, or released
from service in the Armed Forces on or after a date
(not earlier than August 2, 1990) specified by the
Secretary of Defense for purposes of the scholarship
program;
(3) at the time of the submittal of an application to
participate in the scholarship program, holds an
undergraduate or graduate degree, as applicable, from
an institution of higher education that qualifies the
veteran for pursuit of a graduate or post-graduate
degree in behavioral sciences; and
(4) meets such other qualifications as the Secretary
of Veterans Affairs may establish for purposes of the
scholarship program.
(c) Application.--Each qualifying veteran seeking to
participate in the scholarship program shall submit to the
Secretary of Veterans Affairs an application therefor setting
forth such information as the Secretary shall specify for
purposes of the scholarship program.
(d) Agreement.--Each qualifying veteran selected by the
Secretary of Veterans Affairs for participation in the
scholarship program shall enter into an agreement with the
Secretary regarding participation in the scholarship program.
The agreement shall contain such terms and conditions as the
Secretary shall specify for purposes of the scholarship
program.
(e) Scholarships.--
(1) In general.--The Secretary of Veterans Affairs
shall provide to each qualifying veteran who enters
into an agreement under subsection (d) a scholarship
for such number of academic years as the Secretary
shall specify in the agreement for pursuit of a
graduate or post-graduate degree in behavioral health
sciences at an institution of higher education offering
such degree that is approved by the Secretary for
purposes of the scholarship program.
(2) Elements.--The scholarship provided a qualifying
veteran for an academic year shall consist of payment
of the following:
(A) Tuition of the qualifying veteran for
pursuit of the graduate or post-graduate degree
concerned in the academic year.
(B) Reasonable educational expenses of the
qualifying veteran (including fees, books, and
laboratory expenses) in pursuit of such degree
in the academic year.
(C) A stipend in connection with the pursuit
of such degree in the academic year in such
amount as the Secretary shall specify in the
agreement of the qualifying veteran under
subsection (d).
(f) Obligated Service.--Each qualifying veteran who
participates in the scholarship program shall, after completion
of the graduate or post-graduate degree concerned and as
jointly provided by the Secretary of Veterans Affairs and the
Secretary of Defense in the agreement of such qualifying
veteran under subsection (d), perform service as follows:
(1) Such service for the Department of Veterans
Affairs in connection with the furnishing of mental
health services to veterans, and for such period, as
the Secretary of Veterans Affairs shall specify in the
agreement.
(2) Such service for the Department of Defense in
connection with the furnishing of mental health
services to members of the Armed Forces, and for such
period, as the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, specify in
the agreement.
(3) Such combination of service described by
paragraphs (1) and (2), and for such period, as the
Secretary of Veterans Affairs shall, in consultation
with the Secretary of Defense, specify in the
agreement.
(g) Breach of Agreement.--Each qualifying veteran
participating in the scholarship who fails to complete
satisfactorily the terms of the agreement of such qualifying
veteran under subsection (d), whether through failure to obtain
the graduate or post-graduate degree concerned or failure to
perform service required of the qualifying veteran under
subsection (f), shall be liable to the United States in such
form and manner as the Secretary of Veterans Affairs shall, in
consultation with the Secretary of Defense, specify in the
agreement.
(h) Contingency Operation Defined.--In this section, the term
``contingency operation'' has the meaning given that term in
section 101(a)(13) of title 10, United States Code.
----------
62. An Amendment To Be Offered by Representative McMahon, Michael of
New York or His Designee, Debatable for 10 Minutes
Page 284, after line 22, insert the following:
SEC. 727. SENSE OF CONGRESS CONCERNING THE IMPLEMENTATION OF THE
CONGRESSIONALLY-MANDATED RECOMMENDATIONS OF THE
INSTITUTE OF MEDICINE STUDY.
(a) Findings.--Congress finds the following:
(1) Section 717 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C.
1073 note) directed the Secretary of Defense to enter
into a contract with the Institute of Medicine of the
National Academy of Sciences to conduct a study and
make recommendations regarding the credentials,
preparation, and training of licensed mental health
counselors.
(2) In the study, the Institute of Medicine of the
National Academy of Sciences recommends permitting
counselors to practice independently under the TRICARE
program.
(3) In addition, the Institute of Medicine of the
National Academy of Sciences recommends that TRICARE
implement a comprehensive quality management system for
all of its mental health professionals.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Defense should implement the requirements of
subsection (a) of such section 717 by not later than December
31, 2010, because such implementation will increase the
urgently needed mental health staff of the Department of
Defense and ensure that members of the Armed Forces will
receive timely and confidential post-deployment screenings with
a mental health professional.
----------
63. An Amendment To Be Offered by Representative McMahon, Michael of
New York or His Designee, Debatable for 10 Minutes
Page 389, after line 7, insert the following:
SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A
NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.
(a) Findings.--Congress makes the following findings:
(1) Father Vincent Capodanno was born on February 13,
1929, in Staten Island, New York.
(2) After attending Fordham University for a year, he
entered the Maryknoll Missionary Seminary in upstate
New York in 1949, and was ordained a Catholic priest in
June 1957.
(3) Father Capodanno's first assignment as a
missionary was working with aboriginal Taiwanese people
in the mountains of Taiwan where he served in a parish
and later in a school. After several years, Father
Capodanno returned to the United States for leave and
then was assigned to a Maryknoll school in Hong Kong.
(4) Father Vincent Capodanno volunteered as a Navy
Chaplain and was commissioned a Lieutenant in the
Chaplain Corps of the United States Naval Reserve on
December 28, 1965.
(5) Father Vincent Capodanno selflessly extended his
combat tour in Vietnam on the condition he was allowed
to remain with the infantry.
(6) On September 4, 1967, during a fierce battle in
the Thang Binh District of the Que Son Valley in
Vietnam, Father Capodanno went among the wounded and
dying, giving last rites and caring for the injured. He
was killed that day while taking care of his Marines.
(7) On January 7, 1969, Father Vincent Capodanno was
awarded the Medal of Honor posthumously for comforting
the wounded and dying during the Vietnam conflict. For
his dedicated service, Father Capodanno was also
awarded the Bronze Star, the Purple Heart, the
Presidential Unit Citation, the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam
Gallantry Cross with Palm, and the Vietnam Campaign
Medal.
(8) In his memory, the U.S.S. Capodanno was
commissioned on September 17, 1973. It is the only
Naval vessel to date to have received a Papal blessing
by Pope John Paul II in Naples, Italy, on September 4,
1981.
(9) The U.S.S. Capodanno was decommissioned on July
30, 1993.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of the Navy should name a combat vessel of the United
States Navy the ``U.S.S. Father Vincent Capodanno'', in honor
of Father Vincent Capodanno, a lieutenant in the Navy Chaplain
Corps.
----------
64. An Amendment To Be Offered by Representative Minnick, Walt of Idaho
or His Designee, Debatable for 10 Minutes
At the end of title V, add the following new section:
SEC. 5__. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER COSTS OF
NEW STATE PROGRAMS UNDER NATIONAL GUARD YOUTH
CHALLENGE PROGRAM.
Paragraph (2) of section 509(d) of title 32, United States
Code, is amended to read as follows:
``(2) The limitation in paragraph (1) may not be construed as
a limitation on the amount of assistance that may be provided
to a State program of the Program for a fiscal year from
sources other than the Department of Defense. Using funds
available to the Department of Education, the Secretary of
Education may provide assistance to cover the difference
between the amount provided by the Department of Defense and
the total costs of operating a new State program of the Program
during the first three full fiscal years in which the new State
program is in operation.''.
----------
65. An Amendment To Be Offered by Representative Perriello, Thomas of
Virginia, or His Designee, Debatable for 10 Minutes
Page 92, after line 24, insert the following:
SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO HEALTH BENEFITS AND
RETIREMENT PLANS FOR PURPOSES OF COST-COMPARISONS
OF CONTRACTOR AND CIVILIAN EMPLOYEE PERFORMANCE OF
DEPARTMENT OF DEFENSE FUNCTIONS.
Section 2463 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection
(f); and
(2) by inserting after subsection (d) the following
new subsection (f):
``(f) Treatment of Contributions to Health and Retirement
Plans.--For purposes of conducting a cost comparison to
determine whether to convert a function from contractor
performance to performance by Department of Defense civilian
employee, the costs of employer contributions made by the
Department of Defense or by a contractor towards employer-
sponsored health benefits and retirement benefits plans shall
not be considered unless, in the case of such contributions
made by a contractor, the contractor does not receive an
advantage for reducing costs for the Department of Defense by--
``(1) not making an employer-sponsored health
insurance plan available to the contractor employees
who perform the function under the contract;
``(2) offering to such employees an employer-
sponsored health benefits plan that requires the
employer to contribute less towards the premium or
subscription share than the amount that is paid by the
Federal Government for health benefits for civilian
employees under chapter 89 of title 5, United States
Code; or
``(3) offering to such employees a retirement benefit
that, in any year, costs less than the annual
retirement cost factor applicable to Federal employees
under chapter 84 of title 5, United States Code.''.
----------
66. An Amendment To Be Offered by Representative Schrader, Kurt of
Oregon or His Designee, Debatable for 10 Minutes
Page 266, after line 8, insert the following:
SEC. 706. PROVISION OF INFORMATION TO MEMBERS OF THE RESERVE COMPONENTS
REGARDING HEALTH CARE BENEFITS.
(a) Provision of Information.--The Secretary of Defense shall
ensure that each member of a reserve component of the Armed
Forces who is mobilized or demobilized is provided, together
with the orders providing for such mobilization or
demobilization, a clear and comprehensive statement of the
medical care and treatment to which such member is entitled
under Federal law by reason of being so mobilized or
demobilized.
(b) Frequency.--The statement required to be provided a
member under subsection (a) upon a mobilization or
demobilization shall be provided to the member each time the
member is mobilized or demobilized, as the case may be.
(c) Elements.--The statement provided a member under
subsection (a) shall include the following:
(1) A clear, comprehensive statement of the medical
care and treatment to which the member is entitled
under Federal law by reason of being mobilized or
demobilized, as applicable, including--
(A) the nature and range of the care and
treatment to which the member is entitled;
(B) the departments and agencies of the
Federal Government that will provide such care
and treatment;
(C) the period for which such care and
treatment will be so provided; and
(D) the obligations, if any, of the member in
connection with the receipt of such care and
treatment.
(2) A clear, comprehensive statement of the health
care insurance available under Federal law for the
member's family, if any, by reason of the mobilization
or demobilization of the member.
(3) A clear, comprehensive description of the mental
health assessments available to the member before,
during, and after deployment pursuant to section 708 of
the National Defense Authorization Act for Fiscal Year
2010 (Public Law 111-84; 123 Stat. 2376; 10 U.S.C.
1074f note).
(4) Such other matters as the Secretary considers
appropriate.
----------
67. An Amendment To Be Offered by Representative Schrader, Kurt of
Oregon or His Designee, Debatable for 10 Minutes
Page 219, after line 5, insert the following:
SEC. 599. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE COMPONENTS.
(a) Study.--The Inspector General of the Department of
Defense shall conduct a study of the treatment of members of
the reserve components.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An analysis of the treatment of members of the
reserve components--
(A) at mobilization and demobilization sites
of the Army, including warrior transition units
and joint medical battalions; and
(B) during predeployment and postdeployment
medical examinations under section 1074(f) of
title 10, United States Code.
(2) An analysis of the quality of care, treatment,
and information that members of the reserve components
receive before, during, and after deployment.
(3) An analysis of patterns of treatment of members
of the reserve components during the period following a
deployment, including during medical examinations or
other actions that could affect health care and
disability benefits, as compared to the treatment of
members of the regular components during such period.
(4) Identification of any improvements needed so that
members of the reserve components and members of the
regular components are treated equally.
(c) Report.--Not later than December 31, 2010, the Inspector
General shall submit to the congressional defense committees a
report on the study under subsection (a).
----------
68. An Amendment To Be Offered by Representative Teague, Harry of New
Mexico or His Designee, Debatable for 10 Minutes
Page 219, after line 5, insert the following:
SEC. 599. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL
CARE UNDER CHAMPVA PROGRAM.
(a) Increase.--Section 1781(c) of title 38, United States
Code, is amended--
(1) by striking ``twenty-three'' and inserting
``twenty-six''; and
(2) by striking ``twenty-third birthday'' and
inserting ``twenty-sixth birthday''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to medical care provided on or after
the date of the enactment of this Act.
----------
69. An Amendment To Be Offered by Representative Titus, Dina of Nevada
or Her Designee, Debatable for 10 Minutes
At the end of subtitle G of title VI, add the following new
section:
SEC. 674. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF HOMEOWNER
ASSISTANCE FOR MEMBERS OF THE ARMED FORCES
PERMANENTLY REASSIGNED DURING MORTGAGE CRISIS.
(a) Modification of Reassignment, Purchase, and Sale Dates.--
Subsection (a)(3) of section 1013 of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is
amended--
(1) in subparagraph (C), by striking ``or an earlier
end date designated by the Secretary'' and by inserting
``or an earlier start or end date designated by the
Secretary under subsection (c)(3)(C) for a specific
military base or installation'';
(2) in subparagraph (D), by inserting ``, or a later
purchase date designated by the Secretary under
subsection (c)(3)(C) for a specific military base or
installation'' after ``July 1, 2006''; and
(3) in subparagraph (E), by striking ``between July
1, 2006, and September 30, 2012, or an earlier end date
designated by the Secretary'' and inserting ``between
the purchase date in effect for the military base or
installation under subparagraph (D) and the end date in
effect for the military base or installation under
subparagraph (D)''.
(b) Modification Process.--Subsection (c)(3) of such section
is amended by adding at the end the following new subparagraph:
``(C) Modification of reassignment, purchase,
and sale dates.--In exercising the authority
under subsection (a)(3) to designate different
reassignment, purchase, and sale dates for a
specific military base or installation, the
Secretary of Defense shall consult with the
Secretary of Housing and Urban Development and
the Secretary of the Treasury regarding the
condition of housing markets in the area of the
base or installation so that the Secretary of
Defense has the information needed to
effectively assist members of the Armed Forces
and their families.''.
----------
70. An Amendment To Be Offered by Representative Tonko, Paul of New
York or His Designee, Debatable for 10 Minutes
Page 79, after line 6, insert the following:
SEC. 244. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT OF
DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT
GENERATION SEMICONDUCTOR TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) The next generation of weapons systems,
battlefield sensors, and intelligence platforms will
need to be lighter, more agile, consume less power, and
have greater computational power, which can only be
achieved by decreasing the feature size of integrated
circuits to the nanometer scale.
(2) There is a growing concern in the Department of
Defense and the United States intelligence community
over the offshore shift in development and production
of high capacity semiconductors. Reliance on providers
of semiconductors in the United States high tech
industry will mitigate the security risks of such an
offshore shift.
(3) The use of extreme-ultraviolet lithography (EUVL)
is recognized in the semiconductor industry as critical
to the development of the next generation of integrated
circuits.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should establish research and
development facilities to take the lead in producing
the next generation of integrated circuits;
(2) the Department of Defense should support the
establishment of a public-private partnership of
defense laboratory scientists and engineers, university
researchers, integrated circuit designers and
fabricators, tool manufacturers, material and chemical
suppliers, and metrology and inspection tool
fabricators to develop extreme-ultraviolet lithography
(EUVL) technologies on 300 micrometer and 450
micrometer wafers; and
(3) the targeted feature size of integrated circuits
for EUVL development in the United States should be the
15 nanometer node.
----------
71. An Amendment To Be Offered by Representative Critz, Mark of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title III, insert the following:
SEC. 3__. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS OR
DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT
COVERED BY CARRIER LIABILITY.
(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United
States Code, is amended by adding at the end the
following new section:
``Sec. 2740. Property loss: reimbursement of members and civilian
employees for full replacement value of household
effects when contractor reimbursement not available
``The Secretary of Defense and the Secretaries of the
military departments, in paying a claim under section 3721 of
title 31 arising from loss or damage to household goods stored
or transported at the expense of the Department of Defense, may
pay the claim on the basis of full replacement value in any of
the following cases in which reimbursement for the full
replacement value for the loss or damage is not available
directly from a carrier under section 2636a of this title:
``(1) A case in which--
``(A) the lost or damaged goods were stored
or transported under a contract, tender, or
solicitation in accordance with section 2636a
of this title that requires the transportation
service provider to settle claims on the basis
of full replacement value; and
``(B) the loss or damage occurred under
circumstances that exclude the transportation
service provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the
lost or damaged goods were in the possession of
an ocean carrier that was transporting,
loading, or unloading the goods under a
Department of Defense contract for ocean
carriage; and
``(B) the land-based portions of the
transportation were under contracts, in
accordance with section 2636a of this title,
that require the land carriers to settle claims
on the basis of full replacement value.
``(3) A case in which--
``(A) the lost or damaged goods were
transported or stored under a contract or
solicitation that requires at least one of the
transportation service providers or carriers
that handled the shipment to settle claims on
the basis of full replacement value pursuant to
section 2636a of this title;
``(B) the lost or damaged goods have been in
the custody of more than one independent
contractor or transportation service provider;
and
``(C) a claim submitted to the delivering
transportation service provider or carrier is
denied in whole or in part because the loss or
damage occurred while the lost or damaged goods
were in the custody of a prior transportation
service provider or carrier or government
entity.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``2740. Property loss: reimbursement of members and civilian employees
for full replacement value of household effects when
contractor reimbursement not available.''.
(b) Effective Date.--Section 2740 of title 10, United States
Code, as added by subsection (a), shall apply with respect to
losses incurred after the date of the enactment of this Act.
----------
72. An Amendment To Be Offered by Representative Hinchey, Maurice of
New York or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. PROCUREMENT OF PHOTOVOLTAIC DEVICES.
(a) Contract Requirement.--The Secretary of Defense shall
ensure that each contract awarded by the Department of Defense
that includes the procurement of photovoltaic devices,
including contracts described in subsection (b), includes a
provision requiring the photovoltaic devices to comply with the
Buy American Act (41 U.S.C. 10a et seq.).
(b) Contracts Described.--The contracts described in this
subsection include, but are not limited to, energy savings
performance contracts, utility service contracts, land leases,
and private housing contracts.
(c) Definition of Photovoltaic Devices.--In this section, the
term ``photovoltaic devices'' means devices that convert light
directly into electricity through a solid-state, semiconductor
process.
----------
73. An Amendment To Be Offered by Representative Hinchey, Maurice of
New York or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. REQUIREMENT FOR CONTRACTS IN IRAQ AND AFGHANISTAN TO USE
EMPLOYEES AND NOT INDEPENDENT CONTRACTORS FOR
PRIVATE SECURITY SERVICES.
(a) Requirement.--Any contract in Iraq or Afghanistan for the
procurement of private security services shall contain a
requirement that, in the case of any contractor using
individuals who are United States citizens and required to have
a United States security clearance to perform private security
services under the contract, the contractor shall use employees
and not independent contractors for the provision of such
services.
(b) Contract in Iraq or Afghanistan.--In this section, the
term ``contract in Iraq or Afghanistan'' means a contract with
the Department of Defense, the Department of State, or the
United States Agency for International Development, a
subcontract at any tier issued under such a contract, or a task
order or delivery order at any tier issued under such a
contract (including a contract, subcontract, or task order or
delivery order issued by another Government agency for the
Department of Defense, the Department of State, or the United
States Agency for International Development), if the contract,
subcontract, or task order or delivery order involves work
performed in Iraq or Afghanistan for a period longer than 14
days.
(c) Private Security Services.--In this section, the term
``private security services'' means activities engaged in by a
contractor under a contract in Iraq or Afghanistan and
includes--
(1) guarding of personnel, facilities, or property of
a Federal agency, the contractor or subcontractor, or a
third party;
(2) any other activity for which personnel are
required to carry weapons in the performance of their
duties; and
(3) training in any activity covered by paragraph (1)
or (2).
(d) Waiver Authority.--The Secretary of Defense, the
Secretary of State, or the Administrator of the United States
Agency for International Development may waive the requirement
in subsection (a) with respect to a contract of the Department
of Defense, the Department of State, or the United States
Agency for International Development, respectively, if the
Secretary concerned or the Administrator--
(1) determines in writing that a waiver is necessary
in the interests of national security; and
(2) submits to Congress a notification of such
waiver.
----------
74. An Amendment To Be Offered by Representative Klein, Ron of Florida
or His Designee, Debatable for 10 Minutes
Page 296, line 5, add after ``Defense'' the following: ``,
beginning 90 days after the date of the enactment of this
Act,''.
Page 296, lines 13 and 14, strike ``with actual knowledge,
engages'' and insert ``when entering into a contract with the
Department of Defense for goods and services, fails to certify
to the contracting officer that the entity does not engage''.
Page 296, line 15, strike ``have been imposed'' and insert
``may be imposed''.
Page 296, strike line 17 and all that follows through page
297, line 22, and insert the following:
(b) Remedies.--
(1) In general.--If the Secretary of Defense, in
consultation with the Secretary of State, determines
that an entity has submitted a false certification
under subsection (a)(2), the Secretary of Defense may
terminate a contract with such entity or debar or
suspend such entity from eligibility for Department of
Defense contracts for a period of not more than 3
years. Any such debarment or suspension shall be
subject to the procedures that apply to debarment and
suspension under the Federal Acquisition Regulation
under subpart 9.4 of part 9 of title 48, Code of
Federal Regulations.
(2) Inclusion on list of parties excluded from
federal procurement and nonprocurement programs.--The
Administrator of General Services shall include on the
List of Parties Excluded from Federal Procurement and
Nonprocurement Programs maintained by the Administrator
under part 9 of the Federal Acquisition Regulation
issued pursuant to section 25 of the Office of Federal
Procurement Policy Act (41 U.S.C. 421) each entity that
is debarred, suspended, or proposed for debarment or
suspension by the Secretary on the basis of a
determination of a false certification under paragraph
(1).
(c) Waivers.--
(1) Authority.--The Secretary of Defense may on a
case by-case basis waive the requirement that an entity
make a certification under subsection (a)(2) if the
Secretary determines that it is in the interest of
national security to do so.
(2) Contents of certification.--Upon issuing a waiver
under paragraph (1) with respect to an entity, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of
Representatives, the Committee on Foreign Relations of
the Senate, and the Committee on Foreign Affairs of the
House of Representatives a notification that identifies
the entity involved, the nature of the contract, and
the rationale for issuing the waiver.
----------
75. An Amendment To Be Offered by Representative Connolly, Gerald of
Virginia or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII, add the following new
section:
SEC. 12XX. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF DEFENSE
ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA.
(a) In General.--The Secretary of Defense, in consultation
with the Secretary of State, shall monitor and evaluate the
impact of United States Africa Command (USAFRICOM) Combined
Joint Task Force-Horn of Africa's (CJTF-HOA) activities to
counter violent extremism in Africa, including civil affairs,
psychological operations, humanitarian assistance, and
operations to strengthen the capacity of partner nations.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on the
following:
(1) An evaluation of the impact of CJTF-HOA's
activities described in subsection (a) to advance
United States security objectives in the Horn of
Africa, including the extent to which CJTF-HOA's
activities--
(A) disrupt or deny terrorist networks;
(B) combat violent extremist ideology;
(C) are aligned with USAFRICOM's mission; and
(D) complement programs conducted by the
United States Agency for International
Development.
(2) USAFRICOM's efforts to monitor and evaluate the
impact of CJTF-HOA's activities described in subsection
(a), including--
(A) the means by which CJTF-HOA follows up on
such activities to evaluate the effectiveness
of such activities;
(B) USAFRICOM's specific assessments of CJTF-
HOA's activities; and
(C) a description of plans by the Secretary
of Defense to make permanent CJTF-HOA's
presence in Djibouti.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate.
----------
76. An Amendment To Be Offered by Representative Connolly, Gerald of
Virginia or His Designee, Debatable for 10 Minutes
Page 465, after line 23, add the following:
SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.
(a) In General.--Subchapter I of chapter 31 of title 5,
United States Code, is amended by inserting after section 3111
the following:
``Sec. 3111a. Federal internship programs
``(a) Internship Coordinator.--The head of each agency
operating an internship program shall appoint an individual
within such agency to serve as an internship coordinator.
``(b) Online Information.--
``(1) Agencies.--The head of each agency operating an
internship program shall make publicly available on the
Internet--
``(A) the name and contact information of the
internship coordinator for such program; and
``(B) information regarding application
procedures and deadlines for such internship
program.
``(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on
the Internet links to the websites where the
information described in paragraph (1) is displayed.
``(c) Centralized Database.--The Office shall establish and
maintain a centralized electronic database that contains the
names, contact information, and relevant skills of individuals
who have completed or are nearing completion of an internship
program and are currently seeking full-time Federal employment.
``(d) Exit Interview Requirement.--The agency operating an
internship program shall conduct an exit interview of each
intern that completes such program.
``(e) Report.--
``(1) In general.--The head of each agency operating
an internship program shall annually submit to the
Office a report assessing such internship program.
``(2) Contents.--Each report required under paragraph
(1) for an agency shall include, for the 1-year period
ending on September 1 of the year in which the report
is submitted--
``(A) the number of interns that participated
in an internship program at such agency;
``(B) information regarding the demographic
characteristics of interns at such agency,
including educational background;
``(C) a description of the steps taken by
such agency to increase the percentage of
interns who are offered permanent Federal jobs
and the percentage of interns who accept the
offers of such jobs, and any barriers
encountered;
``(D) a description of activities engaged in
by such agency to recruit new interns,
including locations and methods;
``(E) a description of the diversity of work
roles offered within internship programs at
such agency;
``(F) a description of the mentorship portion
of such internship programs; and
``(G) a summary of exit interviews conducted
by such agency upon completion of an internship
program by an intern.
``(3) Submission.--Each report required under
paragraph (1) shall be submitted to the Office between
September 1 and September 30 of each year. Not later
than December 30 of each year, the Office shall submit
to Congress a report summarizing the information
submitted to the Office in accordance with paragraph
(1) for such year.
``(f) Definitions.--For purposes of this section--
``(1) the term `internship program' means--
``(A) a volunteer service program under
section 3111(b); and
``(B) the Student Educational Employment
Program established under section 213.3202 of
title 5, Code of Federal Regulations, as in
effect on January 1, 2009;
``(2) the term `intern' means an individual serving
in an internship program.''.
(b) Clerical Amendment.--The table of sections for chapter 31
of title 5, United States Code, is amended by inserting after
the item relating to section 3111 the following:
``3111a. Federal internship programs.''.
----------
77. An Amendment To Be Offered by Representative Pingree, Chellie of
Maine or His Designee, Debatable for 10 Minutes
Page 251, after line 18, insert the following:
SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE STORES SERVING
BRUNSWICK NAVAL AIR STATION, MAINE.
The Secretary of Defense shall provide for the continued
operation of each commissary or exchange store serving
Brunswick Naval Air Station, Maine, through September 30, 2011,
and may not take any action to reduce or to terminate the sale
of goods at such stores during fiscal year 2011.
----------
78. An Amendment To Be Offered by Representative Grayson, Alan of
Florida or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR
PRICE AS THE PREDOMINATE FACTORS IN EVALUATING
COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT
CONTRACTS.
(a) Requirement.--Subparagraph (A) of section 2305(a)(2) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) in the case of a solicitation in
which factors other than cost or price when
combined are more important than cost or price,
the reasons why assigning at least equal
importance to cost or price would not better
serve the Government's interest; and''.
(b) Report.--Section 2305(a)(3) of such title is amended by
adding at the end the following new subparagraph:
``(C) Not later than 180 days after the end
of each fiscal year, the Secretary of Defense
shall submit to Congress, and post on a
publicly available website of the Department of
Defense, a report describing the solicitations
for which a statement pursuant to paragraph
(2)(A)(iii) was included.''.
----------
79. An Amendment To Be Offered by Representative Murphy, Patrick of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE
ARMED FORCES.
(a) Comprehensive Review on the Implementation of a Repeal of
10 U.S.C. Sec. 654.--
(1) In general.--On March 2, 2010, the Secretary of
Defense issued a memorandum directing the Comprehensive
Review on the Implementation of a Repeal of 10 U.S.C.
Sec. 654 (section 654 of title 10, United States
Code).
(2) Objectives and scope of review.--The Terms of
Reference accompanying the Secretary's memorandum
established the following objectives and scope of the
ordered review:
(A) Determine any impacts to military
readiness, military effectiveness and unit
cohesion, recruiting/retention, and family
readiness that may result from repeal of the
law and recommend any actions that should be
taken in light of such impacts.
(B) Determine leadership, guidance, and
training on standards of conduct and new
policies.
(C) Determine appropriate changes to existing
policies and regulations, including but not
limited to issues regarding personnel
management, leadership and training,
facilities, investigations, and benefits.
(D) Recommend appropriate changes (if any) to
the Uniform Code of Military Justice.
(E) Monitor and evaluate existing legislative
proposals to repeal 10 U.S.C. Sec. 654 and
proposals that may be introduced in the
Congress during the period of the review.
(F) Assure appropriate ways to monitor the
workforce climate and military effectiveness
that support successful follow-through on
implementation.
(G) Evaluate the issues raised in ongoing
litigation involving 10 U.S.C. Sec. 654.
(b) Effective Date.--The amendments made by subsection (f)
shall take effect 60 days after the date on which the last of
the following occurs:
(1) The Secretary of Defense has received the report
required by the memorandum of the Secretary referred to
in subsection (a).
(2) The President transmits to the congressional
defense committees a written certification, signed by
the President, the Secretary of Defense, and the
Chairman of the Joint Chiefs of Staff, stating each of
the following:
(A) That the President, the Secretary of
Defense, and the Chairman of the Joint Chiefs
of Staff have considered the recommendations
contained in the report and the report's
proposed plan of action.
(B) That the Department of Defense has
prepared the necessary policies and regulations
to exercise the discretion provided by the
amendments made by subsection (f).
(C) That the implementation of necessary
policies and regulations pursuant to the
discretion provided by the amendments made by
subsection (f) is consistent with the standards
of military readiness, military effectiveness,
unit cohesion, and recruiting and retention of
the Armed Forces.
(c) No Immediate Effect on Current Policy.--Section 654 of
title 10, United States Code, shall remain in effect until such
time that all of the requirements and certifications required
by subsection (b) are met. If these requirements and
certifications are not met, section 654 of title 10, United
States Code, shall remain in effect.
(d) Benefits.--Nothing in this section, or the amendments
made by this section, shall be construed to require the
furnishing of benefits in violation of section 7 of title 1,
United States Code (relating to the definitions of ``marriage''
and ``spouse'' and referred to as the ``Defense of Marriage
Act'').
(e) No Private Cause of Action.--Nothing in this section, or
the amendments made by this section, shall be construed to
create a private cause of action.
(f) Treatment of 1993 Policy.--
(1) Title 10.--Upon the effective date established by
subsection (b), chapter 37 of title 10, United States
Code, is amended--
(A) by striking section 654; and
(B) in the table of sections at the beginning
of such chapter, by striking the item relating
to section 654.
(2) Conforming amendment.--Upon the effective date
established by subsection (b), section 571 of the
National Defense Authorization Act for Fiscal Year 1994
(10 U.S.C. 654 note) is amended by striking subsections
(b), (c), and (d).
----------
80. An Amendment To Be Offered by Representative Pingree, Chellie of
Maine or Her Designee, Debatable for 10 Minutes
Page 35, strike line 9 and all that follows through page 37,
line 13, and insert the following:
(b) Certifications.--Not later than January 15, 2011--
(1) the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall certify in writing to
the congressional defense committees that--
(A) each of the 11 scheduled system
development and demonstration aircraft planned
in the schedule for delivery during 2010 has
been delivered to the designated test location;
(B) the initial service release has been
granted for the F135 engine designated for the
short take-off and vertical landing variant;
(C) facility configuration and industrial
tooling capability and capacity is sufficient
to support production of at least 42 F-35
aircraft for fiscal year 2011;
(D) block 1.0 software has been released and
is in flight test; and
(E) the Secretary of Defense has--
(i) determined that two F-35 aircraft
from low-rate initial production 1 have
met established criteria for
acceptance; and
(ii) accepted such aircraft for
delivery; and
(2) the Director of Operational Test and Evaluation
shall certify in writing to the congressional defense
committees that--
(A) the F-35C aircraft designated as CF-1 has
effectively accomplished its first flight;
(B) the 394 F-35 aircraft test flights
planned in the schedule to occur during 2010
have been completed with sufficient results;
(C) 95 percent of the 3,772 flight test
points planned for completion in 2010 were
accomplished; and
(D) the conventional take-off and land
variant low observable signature flight test
has been conducted and the results of such test
have met or exceeded threshold key performance
parameters.
Page 49, strike line 7 and all that follows through page 52,
line 3, and insert the following (and redesignate section 214
as section 213):
SEC. 212. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE PROPULSION
SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM.
(a) Limitation on Use of Funds for an Alternative Propulsion
System for the F-35 Joint Strike Fighter Program.--None of the
funds authorized to be appropriated or otherwise made available
by this Act may be obligated or expended for the development or
procurement of an alternate propulsion system for the F-35
Joint Strike Fighter program until the Secretary of Defense
submits to the congressional defense committees a certification
in writing that the development and procurement of the
alternate propulsion system--
(1) will--
(A) reduce the total life-cycle costs of the
F-35 Joint Strike Fighter program; and
(B) improve the operational readiness of the
fleet of F-35 Joint Strike Fighter aircraft;
and
(2) will not--
(A) disrupt the F-35 Joint Strike Fighter
program during the research, development, and
procurement phases of the program; and
(B) result in the procurement of fewer F-35
Joint Strike Fighter aircraft during the life-
cycle of the program.
(d) Offsets.--
(1) Navy joint strike fighter f136 development.--The
amount authorized to be appropriated by section 201(2)
for research, development, test, and evaluation for the
Navy is hereby decreased by $242,500,000, with the
amount of the decrease to be derived from the amounts
available for the Joint Strike Fighter (PE #0604800N)
for F136 development.
(2) Air force joint strike fighter f136
development.--The amount authorized to be appropriated
by section 201(3) for research, development, test, and
evaluation for the Air Force is hereby decreased by
$242,500,000, with the amount of the decrease to be
derived from the amounts available for the Joint Strike
Fighter (PE #0604800F) for F136 development.
Page 286, strike line 17 and all that follows through page
288, line 23, and insert the following:
SEC. 802. DESIGNATION OF F135 ENGINE DEVELOPMENT AND PROCUREMENT
PROGRAM AS MAJOR SUBPROGRAM.
(a) Designation as Major Subprograms.--Not later than 30 days
after the date of the enactment of this Act, the Secretary of
Defense shall designate the engine development and procurement
program described in subsection (b) as a major subprogram of
the F-35 Lightning II aircraft major defense acquisition
program, in accordance with section 2430a of title 10, United
States Code.
(b) Description.--For purposes of subsection (a), the engine
development and procurement program is the F135 engine
development and procurement program.
(c) Original Baseline.--For purposes of reporting
requirements referred to in section 2430a(b) of title 10,
United States Code, for the major subprogram designated under
subsection (a), the Secretary shall use the Milestone B
decision for the subprogram as the original baseline for the
subprogram.
(d) Actions Following Critical Cost Growth.--
(1) In general.--Subject to paragraph (2), to the
extent that the Secretary elects to restructure the F-
35 Lightning II aircraft major defense acquisition
program subsequent to a reassessment and actions
required by subsections (a) and (c) of section 2433a of
title 10, United States Code, during fiscal year 2010,
and also conducts such reassessment and actions with
respect to the F135 engine development and procurement
program (including related reporting based on the
original baseline as defined in subsection (c)), the
requirements of section 2433a of such title with
respect to the major subprogram designated under
subsection (a) shall be considered to be met with
respect to the major subprogram.
(2) Limitation.--Actions taken in accordance with
paragraph (1) shall be considered to meet the
requirements of section 2433a of title 10, United
States Code, with respect to the major subprogram
designated under subsection (a) only to the extent that
designation as a major subprogram would require the
Secretary of Defense to conduct a reassessment and take
actions pursuant to such section 2433a for such a
subprogram upon enactment of this Act. The requirements
of such section 2433a shall not be considered to be met
with respect to such a subprogram in the event that
additional programmatic changes, following the date of
the enactment of this Act, cause the program
acquisition unit cost or procurement unit cost of such
a subprogram to increase by a percentage equal to or
greater than the critical cost growth threshold (as
defined in section 2433(a)(5) of such title) for the
subprogram.
----------
81. An Amendment To Be Offered by Representative Shea-Porter, Carol of
New Hampshire or Her Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO
DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.
Section 861 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is
amended by adding at the end the following new subsection:
``(e) Penalties.--Any contract in Iraq or Afghanistan entered
into or modified after September 1, 2011, shall include a
clause requiring the imposition of a penalty, by the department
or agency awarding the contract, on any contractor that does
not comply with requirements under this section, including
requirements in the memorandum of understanding required by
subsection (a), to provide information for the common databases
identified under subsection (b)(4), including updating the
information required. The penalty shall consist of the
withholding of award and incentive fees.''.
Page 304, line 15, strike ``and''.
Page 304, line 21, strike the period and insert ``; and''.
Page 304, after line 21, insert the following:
``(C) the penalties, if any, imposed by the
departments and agency on contractors for
failing to comply with requirements under
section 861(e), including requirements to
provide information for the common databases
identified under section 861(b)(4).
----------
82. An Amendment To Be Offered by Representative Inslee, Jay of
Washington or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 839. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION
OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT
PROGRAM.
(a) Requirement To Consider Unfair Competitive Advantage.--In
awarding a contract for the KC-X aerial refueling aircraft
program (or any successor to that program), the Secretary of
Defense shall, in evaluating any offers submitted to the
Department of Defense in response to a solicitation for offers
for such program, consider any unfair competitive advantage
that an offeror may possess.
(b) Report.--Not later than 60 days after submission of
offers in response to any such solicitation, the Secretary of
Defense shall submit to the congressional defense committees a
report on any unfair competitive advantage that any offeror may
possess.
(c) Requirement To Take Findings Into Account in Award of
Contract.--In awarding a contract for the KC-X aerial refueling
aircraft program (or any successor to that program), the
Secretary of Defense shall take into account the findings of
the report submitted under subsection (b).
(d) Unfair Competitive Advantage.--In this section, the term
``unfair competitive advantage'', with respect to an offer for
a contract, means a situation in which the cost of development,
production, or manufacturing is not fully borne by the offeror
for such contract.