[House Report 112-88]
[From the U.S. Government Publishing Office]
112th Congress
1st Session HOUSE OF REPRESENTATIVES Report
112-88
_______________________________________________________________________
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 1540) TO
AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2012 FOR MILITARY ACTIVITIES
OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO
PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR FISCAL YEAR 2012, AND FOR
OTHER PURPOSES
__________
R E P O R T
of the
COMMITTEE ON RULES
May 24, 2011.--Referred to the House Calendar and ordered to be printed
112th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 112-88
======================================================================
PROVIDING FOR FURTHER CONSIDERATION OF THE BILL (H.R. 1540) TO
AUTHORIZE APPROPRIATIONS FOR FISCAL YEAR 2012 FOR MILITARY ACTIVITIES
OF THE DEPARTMENT OF DEFENSE AND FOR MILITARY CONSTRUCTION, TO
PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR FISCAL YEAR 2012, AND FOR
OTHER PURPOSES
_______
May 24, 2011.--Referred to the House Calendar and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 276]
The Committee on Rules, having had under consideration
House Resolution 276, 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 further consideration of H.R.
1540, the National Defense Authorization Act for Fiscal Year
2012, under a structured rule. No further general debate shall
be in order. 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 committee amendment in the nature of a substitute.
The resolution further 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, 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 in the
House or in the Committee of the Whole. All points of order
against the amendments printed in this report or against
amendments en bloc described in section 3 of this resolution
are waived. Section 3 of the resolution provides that the
chairman of the Committee on Armed Services or his designee may
offer amendments en bloc consisting of those amendments printed
in this report and not earlier disposed of. Amendments en bloc
shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chairman 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 in the House
or in the Committee of the Whole. The original proponent of an
amendment included in an amendment en bloc may insert a
statement in the Congressional Record immediately before the
disposition of such amendment en bloc. Finally, the resolution
provides one motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
The resolution waives all points of order against the
committee amendment in the nature of a substitute. The waiver
includes a waiver of Clause 4 of Rule XXI, which prohibits
reporting a bill or joint resolution carrying an appropriation
from a committee not having jurisdiction to report an
appropriation. Section 363 of the bill includes language
regarding deposit of reimbursed funds under Reciprocal Fire
Protection Agreements, which constitutes an appropriation;
therefore, this waiver is necessary.
The waiver also includes a waiver of Section 303 of the
Congressional Budget Act of 1974, which prohibits the
consideration of legislation providing new budget authority,
changes in revenues, changes in public debt, new entitlement
authority, or new credit authority for a fiscal year until the
budget resolution for that year has been agreed to. While the
House has adopted, H. Con. Res. 34, the Senate has failed to
act on a budget resolution and therefore this wavier is
necessary.
Although the resolution waives all points of order against
amendments printed in this report or against amendments en bloc
described in section 3 of the resolution, the Committee is not
aware of any points of order against such amendments. The
waivers of all points of order are prophylactic.
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. 98
Motion by Ms. Slaughter to amend the rule to make in order
and provide the appropriate waivers for the following
amendments to be separately considered: Amendment #13, offered
by Rep. Garamendi (CA), Rep. Rangel (NY), Rep. Clarke (NY), and
Rep. Welch (VT), which would limit funds made available for
military operations in Afghanistan for the purposes of counter-
terrorism operations, and require the Secretary of Defense to
enforce a significant and swift drawdown of Unites States Armed
Forces from Afghanistan; Amendment #168, offered by Rep. Lee
(CA), which would restrict spending to withdrawing Armed Forces
from Afghanistan in a safe and orderly fashion; Amendment #170,
offered by Rep. Lee (CA), which would call on President Obama
to commit to a significant and sizeable reduction of troop
levels in Afghanistan no later than July 31, 2011; Amendment
#161, offered by Rep. Tierney (MA), which would require the
Department of Defense to submit to Congress a report on the
effects of carrying out a United States strategy to provide
counterterrorism assistance to Afghanistan and to rely on the
international donor community to provide development assistance
and other related assistance to Afghanistan; and Amendment
#172, offered by Rep. Tierney (MA), which would extend to the
end of FY 2012 the requirement that the Secretary of Defense
annually submit to the appropriate congressional committees a
report on a long-term detailed plan for sustaining the
Afghanistan National Army (ANA) and the Afghanistan National
Police (ANP) of the Afghanistan National Security Forces (ANSF)
and would also add a requirement that the report include
metrics that evaluate the value and utility of ANSF development
activities at the program level and that ties such activities
to long-term strategic objectives. Defeated: 4-8.
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Majority Members Vote Minority Members Vote
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Ms. Foxx........................................ Nay Ms. Slaughter..................... Yea
Mr. Bishop of Utah.............................. Nay Mr. McGovern...................... Yea
Mr. Woodall..................................... Nay Mr. Hastings of Florida........... Yea
Mr. Nugent...................................... Nay Mr. Polis......................... Yea
Mr. Scott of South Carolina..................... Nay
Mr. Webster..................................... Nay
Mr. Reed........................................ Nay
Mr. Dreier, Chairman............................ Nay
----------------------------------------------------------------------------------------------------------------
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Wittman (VA): Would allow the Secretary of the Navy to
enter into multiyear contracts for the start of major
construction of the Ford-class aircraft carriers designated CVN
79 and CVN 80 and for the construction of major components,
modules, or other structures related to such carriers subject
to appropriations. Allows the Secretary of the Navy to enter
into a contract for the construction of FORD Class Carriers CVN
79 and CVN 80 to be funded on a five year centers. (10 minutes)
2. Woolsey (CA): Would eliminate the availability of funds
for procurement of the Navy and Air Force V-22 Osprey aircraft.
(10 minutes)
3. Tonko (NY): Would encourage the Medical Research program
to use RNA technology when conducting research for breast and
prostate cancer, battlefield infectious diseases, and rare
diseases. (10 minutes)
4. Hayworth (NY): Would express the sense of Congress that
active matrix organic light emitting diode (OLED) technology
displays are an integral factor in reducing the size, weight,
and energy consumption of both dismounted and mounted system of
the Armed Forces, and that OLED technology is a Defense-
critical manufacturing capability. (10 minutes)
5. Schiff (CA): Would require the Secretary of Defense to
submit health assessment reports to the Committees on Armed
Services of the Senate and House of Representatives when waste
is disposed of in open-air burn pits. Each report will include:
description of short and long term health risks; methodology
used to determine the health risks; and the assessment of the
operational and health risks when making the determination to
continue the use of open-air burn pits for waste disposal. (10
minutes)
6. Carter (TX): Would expand existing military
whistleblower protections, from retaliatory personnel actions,
to include communications by Armed Forces Members of
ideologically based threats or actions of another Member that
the reporting Member reasonably believes could be
counterproductive or detrimental to United States interests or
security. (10 minutes)
7. Miller, Candice (MI), Rahall (WV): Would designate the
Chief of the National Guard Bureau as a member of the Joint
Chiefs of Staff. (10 minutes)
8. Schock (IL): Would allow a service member with a minor
dependent (child under the age of 19) to request a deferment of
a deployment to a combat zone if their spouse is currently
deployed to a combat zone. (10 minutes)
9. Baca (CA): Would direct the Secretary of Defense to
coordinate with each military department to enhance current
suicide prevention information sharing services for members of
the Armed Forces. Coordinated efforts would occur at various
stages of training from their initial enlistment or appointment
through their final retirement or separation. (10 minutes)
10. Cohen (TN): Would add the text of HR 1046, the honor
the written intent of our servicemember heroes (HONOR the WISH)
Act, to the bill. Would remove those limitations to allow
servicemembers more freedom when making this very personal
decision. (10 minutes)
11. Becerra (CA): Would provide funding for the United
States Military Academy, United States Naval Academy, and the
United States Air Force Academy for diversity recruitment
activities. (10 minutes)
12. Hunter (CA): Would create a five-year pilot program to
provide opportunity scholarships to dependent children with
special education needs. Opportunity scholarships are set at
$7,500 a year and would be available to approximately 250
children under the pilot program for the purpose of attending a
private, public or charter school of choice. The Department of
Defense would administer the program, in coordination with the
Secretary of Education. (10 minutes)
13. McNerney (CA): Would express the Sense of Congress that
the Secretary of Defense should work with the Consumer
Financial Protection Bureau to ensure coordination with the
Office of Service Member Affairs to provide financial
counseling for service members and their families. (10 minutes)
14. McNerney (CA), Rahall (WV), Young, Don (AK): Would
strike and replaces section 591 of the bill, which makes it
more difficult for Guard and Reserve components to engage in
military training missions that also provide assistance to
local communities. Would increase to $20 million the amount
that can be obligated for civil-military training operations.
(10 minutes)
15. King, Peter (NY): Would direct the Secretary of Defense
to provide for a program under which members of the Armed
Forces of the United States on active duty and serving in Iraq
or Afghanistan or hospitalized at a facility under the
jurisdiction of the Armed Forces of the United States as a
result of a disease or injury incurred as a result of service
in Iraq or Afghanistan would receive one-free postal voucher
per month to be transferred to loved ones to send packages to
the soldiers at no cost. (10 minutes)
16. Ruppersberger (MD): Would authorize the Secretary of
Defense to extend United States Central Command Rest and
Recuperation benefits to U.S. Armed Forces assigned to the
Egypt Multi-National Force and Observors Mission. (10 minutes)
17. Carter (TX): Would deem Members of the Armed Forces,
and DoD civilian employees who were killed or wounded in the
November 5th, 2009 Fort Hood attack to have been killed or
wounded in a combat zone as the result of an action of an enemy
of the United States. This makes such victims eligible for
combat-related benefits, compensations, and awards with the
exception of any member of the Armed Forces whose death or
injury was the result of willful misconduct. (10 minutes)
18. Boswell (IA): Would grant the Secretary of Defense the
discretion to also use funds retained in Section 646 for
substance abuse prevention programs provided to the military
community surrounding the commissary store where the alcoholic
and tobacco products are purchased while ensuring that the
enhanced commissary stores receive necessary funds. (10
minutes)
19. Carson (IN): Would direct the Department of Defense to
provide mental health assessments to service members during
deployment. When possible, these assessments would include
review of all past health records originated by the Department
of Defense and the Department of Veterans Affairs. (10 minutes)
20. Boswell (IA): Would require DoD and VA to conduct a
joint study on the incident rate of breast cancer of service
members who have deployed to Iraq and Afghanistan under
operation Iraqi Freedom and Operation Enduring Freedom. Studies
have indicated that breast cancer is more common among recently
deployed service members than amongst the general population,
and similar legislation has been supported by both the Veterans
of Foreign Wars (VFW) and the Iraq and Afghanistan Veterans of
America (IAVA). (10 minutes)
21. Sessions (TX): Would create a pilot program for
treatment outside of military facilities for members of the
armed forces and veterans affected by traumatic brain injury
and post-traumatic stress disorder (10 minutes)
22. Pascrell (NJ), Platts (PA): Would recognize a February
GAO report on the weakness of the Defense Centers of Excellence
for Psychological Health and Traumatic Brain Injury (DCoE) and
its poor management, this amendment requires the Department of
Defense to develop a plan to transfer DCoE moved to one of the
services in order to be most effectively managed. (10 minutes)
23. Pascrell (NJ), Platts (PA): Would require the Defense
Department to report to Congress on their plans to identify,
refer, and treat service members with possible traumatic brain
injuries who may have slipped through the cracks prior to the
June 2010 policy. (10 minutes)
24. Sarbanes (MD), Hanabusa (HI), Langevin (RI), Loebsack
(IA), Reyes (TX): Would strike Section 937 of the bill relating
to Modification of Temporary Suspension of Public-Private
Competitions for Conversion of Department of Defense Functions
to Contractor Performance. (10 minutes)
25. Murphy, Christopher (CT): Would give manufacturers the
opportunity to provide information to DoD regarding how their
bid for a contract will affect domestic employment. It allows
DoD to take this information into consideration, but does not
mandate that DoD consider this information when awarding the
contract. (10 minutes)
26. Maloney (NY): Would require public disclosure of
information submitted under Section 847 of this act. (10
minutes)
27. Cole (OK): Would preclude an executive agency from
requiring an entity submitting an offer for a Federal contract
to disclose political contributions as a condition of
participation. (10 minutes)
28. Garamendi, John (CA): Would require the Secretary to
ensure that each contractor of the Department of Defense
performing a prime contract at a military installation in the
United States to set aside 40 percent, by dollar value, of its
subcontracting work under the contract for local qualified
subcontractors. For purposes of the preceding sentence, a
subcontractor shall be considered local if its headquarters is
within 60 miles of the military installation. (10 minutes)
29. Waters (CA): Would provide a preference for potential
DOD contractors that carry out certain investment and
philanthropic activities to bolster education and training in
science, technology, engineering, and mathematics (STEM)
disciplines. Would also require the Government Accountability
Office (GAO) to conduct a study of the implementation of the
DOD's current programs for providing assistance to certain
educational institutions. The amendment does not create a quota
or establish hard-line criteria for awarding contracts these
activities will be one of many criteria DOD can consider in
awarding contracts. (10 minutes)
30. Himes (CT): Would require any savings as a result of
shifting to civilian employees from contractors within the
Department of Defense be directed towards deficit reduction.
(10 minutes)
31. Jackson Lee (TX): Would require the Secretary of
Defense, prior to awarding of defense contracts to private
contractors, to conduct an outreach program to benefit minority
and women-owned businesses. (10 minutes)
32. Andrews (NJ): Would temporarily suspend the
implementation and enforcement of workforce management and
sourcing policies pursuant to the DOD's ``efficiency
initiative.'' (10 minutes)
33. Lee, Barbara (CA), Stark (CA): Would return Defense
Department spending to 2008 level, with exemptions for
personnel and health accounts. (10 minutes)
34. Hayworth (NY): Would add a Sense of Congress that the
Department of Defense shall not convert from private sector to
public sector performance any functions or positions that are
not inherently governmental in nature. (10 minutes)
35. Cuellar (TX): Would express the sense of Congress that
the Department of Defense should continue to share intelligence
and technology with the Department of Homeland Security to
address national security threats on the southwest border from
transnational criminal organizations, including the testing on
the border of surveillance technologies being considered for
combat operations, and directs the Department of Defense to
brief Congress on programs to build Mexico's capacity to combat
transnational criminal organizations. (10 minutes)
36. Hunter (CA): Would encourage the Secretary of the Navy
to name the next available ship after Marine Corps Sergeant
Rafael Peralta. Sergeant Peralta, who grew up in Southeast San
Diego, was nominated for the Medal of Honor for smothering a
grenade with his body during combat in Fallujah, Iraq. He was
posthumously awarded the Navy Cross instead. A team of
specialists, which included pathologists and other experts,
conducted an investigation at the direction of the Secretary of
Defense and determined that Peralta did not consciously pull
the grenade into his body. This conclusion contradicts the eye-
witness accounts of the Marines fighting alongside Peralta, as
well as the recommendation put forward by Marine Corps
leadership. There have been 11 instances, going back to 1989,
where Congress has included in legislation that was signed into
law how a Navy ship should be named. (10 minutes)
37. Richmond (LA): Would prevent the payment of certain
incentives with respect to a Navy shipyard in Avondale,
Louisiana, saving the Department of Defense up to $310 million.
(10 minutes)
38. Mica (FL): Would require that the rules of engagement
allow any military service personnel assigned to duty in a
designated hostile fire area to have rules of engagement that
fully protects their right to proactively defend themselves
from hostile actions. (10 minutes)
39. Flake, Jeff (AZ): Would add a Sense of Congress
indicating that the deployment of National Guard personnel
along the southwestern border should continue through the end
of fiscal year 2011. (10 minutes)
40. Flake, Jeff (AZ): Would repeal the establishment of the
National Drug Intelligence Center. (10 minutes)
41. Schakowsky (IL): Would freeze Department of Defense
funding at current levels until the Pentagon can successfully
pass an audit. The amendment contains a national security
waiver and exceptions for overseas contingency operations,
defense personnel, and wounded warrior accounts. (10 minutes)
42. Smith, Adam (WA): Would amend Section 1039 to allow
transfer of detainees to the US to testify in federal court.
Would strike language barring transfer of detainees held abroad
to the US. Would require certification by the Attorney General
prior to transfer. (10 minutes)
43. Buchanan (FL): Would require all foreign terrorists,
with links to terrorist networks, who attack the United States
or the Government be considered enemy combatants to be tried by
military tribunals, not in the civilian court system. (10
minutes)
44. Hanabusa (HI): Would limit past, present, and future
detainees from rights afforded under Compact of Free
Association (COFA). Multiple GTMO detainees have or will be
repatriated to Palau and with this they possess unrestricted
access to the United States to study, work, and reside as
``habitual residents'' under the rights granted to them under
COFA. (10 minutes)
45. Hanabusa (HI): Would direct the Secretary of Defense
and the OMB to identify programs within the DoD budget that are
ineffective, redundant or unused. (10 minutes)
46. Tierney (MA): Would officially recognize the City of
Salem, Massachusetts, as the birthplace of the National Guard
of the United States. (10 minutes)
47. Maloney (NY): Would clarify that the exemption from
Freedom of Information Act for Data Files of the Military
Flight Operations Quality Assurance Systems of the Military
Departments is for ``information contained in data files of the
military flight operations quality assurance system of a
military department that would reveal flight patterns or
tactical techniques or tactical procedures from disclosure
under section.'' (10 minutes)
48. Mack (FL), Bilirakis (FL): Would make changes to the
language of the Sunken Military Craft Act of H.R. 1540, the
National Defense Authorization Act for Fiscal Year 2012. Would
clarify the language of the Sunken Military Craft Act to
restore its original intent, and would specify that a sunken
military craft would be defined as a vessel only when on
military noncommercial service when it sank. (10 minutes)
49. Langevin (RI): Would coordinate federal information
security policy through the creation of a National Office for
Cyberspace, updating information security management practices,
and establishing measures for the protection of critical
infrastructure from cyberattacks. (10 minutes)
50. Amash (MI), Lee, Barbara (CA), Conyers (MI), Jones
(NC), Nadler (NY), Paul (TX): Would strike section 1034 of the
bill, relating to the authorization for use of military force.
(10 minutes)
51. Rogers, Mike (MI), LoBiondo (NJ): Would require the
Department of Defense to repatriate, identify and honor with a
military funeral the remains of 13 American Sailors killed
during the First Barbary War in 1804. These Sailors are
currently buried in a decaying mass grave in Tripoli, Libya.
The amendment would require the Secretary to transfer and honor
these remains using existing appropriations, and at the
conclusion of the current NATO mission in Libya. (10 minutes)
52. Campbell (CA): Would terminate the Joint Safety Climate
Assessment System of the Department of Defense. (10 minutes)
53. Campbell (CA): Would terminate the Human, Social, and
Culture Behavior (HSCB) Modeling program at the Department of
Defense. (10 minutes)
54. Campbell (CA): Would reduce the baseline number of
civilian employees at the Department of Defense by 1% every
year for the next five years. (10 minutes)
55. McGovern (MA), Amash (MI), Cicilline (RI), Jones (NC),
Lewis, John (GA), Paul (TX), Welch (VT): Would require: (1) A
plan and timeframe on accelerated transition of military
operations to Afghan authorities; (2) A plan and timeframe on
negotiations leading to a political solution and reconciliation
in Afghanistan; and (3) A new National Intelligence Estimate
(NIE) on al-Qaeda. The amendment would clarify that nothing in
this section limits the president under existing authority to
go after al-Qaeda, share intelligence, or modify military
strategy and tactics while redeploying US forces under the
plan/timeframe required above. (10 minutes)
56. Chaffetz (UT), Welch (VT): Would require U.S. ground
troops to withdraw from Afghanistan, leaving just those who are
involved in small, targeted counter-terrorism operations. The
amendment would further require the Secretary of Defense to
submit a withdrawal plan to Congress within 60 days of
enactment. (10 minutes)
57. Davis, Susan (CA): To fence 25% of the funds made
available through the Afghanistan Infrastructure Fund until the
Secretary of Defense, in discussion with the Secretary of
State, have determined that women are an integral part of the
reconciliation process between the government of Afghanistan
and the Taliban. (10 minutes)
58. Garrett (NJ): Would clarify that the United States
Congress has not authorized military actions in Libya upon
adoption of the National Defense Authorization Act for Fiscal
Year 2012. (10 minutes)
59. Rohrabacher (CA): Would remove satellites and satellite
components from the Munitions List and make them available to
foreign nations. This amendment would, however, also continue
the ban on sending such items and technology to China, its
allies or terrorist-supporting states as under current law. (10
minutes)
60. Polis (CO): Would reduce the amount of troops stationed
in Europe to 30,000 and would cut overall end strength levels
by 10,000 a year over the next five years. (10 minutes)
61. Conyers (MI), Clarke (NY), Cohen (TN), Duncan (SC),
Farr (CA), Grijalva, Raul (AZ), Honda (CA), Johnson, Hank (GA),
Johnson, Timothy (IL), Jones (NC), Kucinich (OH), Lee, Barbara
(CA), McClintock (CA), Miller, George (CA), Stark (CA), Tonko
(NY), Welch (VT), Woolsey (CA): Would prevent funds authorized
in the Act from being used to deploy, establish, or maintain
the presence of Members of the Armed Forces or private security
contractors on the ground in Libya unless the purpose of the
presence is to rescue a Member of the Armed Forces from
imminent danger. (10 minutes)
62. Flake, Jeff (AZ): Would eliminate funds for the Mission
Force Enhancement Transfer Fund. (10 minutes)
63. Ellison (MN): Would strike section 1604, Budget Item
Relating to LHA7 Ship Program. (10 minutes)
64. Sanchez, Loretta (CA): Would reduce the funding for
Ground-based Midcourse Defense systems by $100,000,000. (10
minutes)
65. Quigley (IL): Would reduce RDT&E by 10% throughout DOD.
(10 minutes)
66. Southerland (FL): Would strike burdensome limitations
on implementation of consolidation of Air and Space Operations.
(10 minutes)
67. Young, Don (AK): Would require that to the maximum
extent possible community housing currently located on federal
land under long-term lease be utilized before it is replaced
with new construction of on-base housing. (10 minutes)
68. Young, Don (AK), Bordallo (GU): Would require the
Secretary of Defense to submit a report and assessment on the
infrastructure needs of Department of Defense designated ports.
(10 minutes)
69. Young, Don (AK), Bordallo (GU): Would authorize
$100,000,000 to be appropriated for infrastructure needs and
improvements at Department of Defense designated strategic
ports. (10 minutes)
70. Petri (WI): Would clarify that direct use solar energy
technology is considered a renewable energy source for the
purposes of the requirement that DOD obtain 25% of its facility
energy from renewable sources by 2025. (10 minutes)
71. Wilson, Joe (SC): Would direct the Secretary of Energy,
in coordination with the Secretary of Defense and the
Administrator for Nuclear Security, to ensure the nuclear waste
repository located at Yucca Mountain, Nevada, remains available
for the disposal of high-level radioactive waste resulting from
the activities of the DOD and the NNSA until a new location for
such waste has been sited and approved. (10 minutes)
72. Davis, Susan (CA): The Secretary of the Navy shall
submit a report to Congress detailing the efforts being made to
establish maintenance, repair and overhaul capability for Navy
unmanned aerial systems. (10 minutes)
73. McKeon (CA): MANAGER'S AMENDMENT Would make conforming
changes in the bill. (10 minutes)
74. Akin (MO): Would add a Sense of Congress supporting the
establishment of long-term contracting authority for the DOD
for procurement of alternative fuels. (10 minutes)
75. Braley (IA): Would require a report from the President,
in consultation with the Secretaries of Defense, State and
Veterans Affairs, on the long-term costs of military operations
in Iraq, Afghanistan and Libya. (10 minutes)
76. Bishop, Rob (UT): Would clear title to a 2.7 acre of
formerly utilized defense land in Ogden Utah which was BRAC'd
in 1995 (former Defense Depot Ogden), so that the locally
recognized municipal redevelopment authority may proceed to
redevelop the property consistent with BRAC redevelopment
authorities, and to prevent further waste and deterioration to
the building located thereon. (10 minutes)
77. Bishop, Rob (UT): Would clarify certain terms in
military depot statute, modify the DoD's existing reporting
requirements to include the 3 previous fiscal years' record of
performance at each covered military depot in a table format,
and would add the Tooele Army Depot, Utah, onto the list of
depots for which annual reporting is required. (10 minutes)
78. Bishop, Tim (NY): Would express the Sense of Congress
urging the Department of Defense to pursue all feasible efforts
to recover, identify, and return the bodies of the crew of the
Navy Flying Boat George 1 from Thurston Island, Antarctica. (10
minutes)
79. Bishop, Tim (NY): Would require the Secretary of
Defense to submit a report on establishing an active registry
for each incidence of a member of the Armed Forces being
exposed to occupational and chemical hazards, including waste
disposal, during contingency operations. (10 minutes)
80. Bishop, Tim (NY): Would express the Sense of Congress
regarding the efforts by the Department of Defense to keep
America safe from terrorist attacks since September 11th. (10
minutes)
81. Blumenauer (OR), Schrader (OR): Would require the
Secretary of Defense to notify the congressional defense
committees and the Committees on the Budget, within 90 days,
when entering into or modifying an indemnification agreement.
This reporting requirement would be exempt in cases deemed by
the Secretary to be harmful to US national security interests;
for research and development contracts; and, for Comprehensive
Environmental Response, Compensation, and Liability Act
(CERCLA) contracts. (10 minutes)
82. Blumenauer (OR), Connolly (VA), Capps (CA), Welch (VT),
Hinchey (NY): Would modify the Department of Defense's
Operational Energy Report criteria to include an evaluation by
the Department of practices used in contingency operations to
reduce vulnerabilities associated with fuel convoys and a heavy
reliance on fossil fuels in the field. Specifically, such an
evaluation would examine the implications of improvements in
structure and generator efficiency, as well as the displacement
of liquid fuels with on-site renewable energy generation. (10
minutes)
83. Boren (OK), Boustany (LA): Would prohibit the
unauthorized use of names and images of living and deceased
military service members on merchandise and retail products
without first obtaining permission from the service member or,
if deceased, their family. (10 minutes)
84. Boswell (IA): Would add a Sense of Congress that a
focus on alternative, self-sufficient energy sources that
reduce costs in the long term should be part of consideration
for contracts for logistics support of contingency operations.
(10 minutes)
85. Boustany (LA), Davis, Geoff (KY): Would require the
Administration to submit to the appropriate committees an
implementation plan for achieving the President's ``whole-of-
government'' integration vision and an annual update on the
implementation plan. Would require a description of ongoing and
future actions planned; a timeline for specific actions taken
and planned to be taken; an outline of specific actions desired
or required by Congress; any progress made and challenges or
obstacles encountered; and other information the President
deems necessary. (10 minutes)
86. Carnahan (MO): Would withhold the use of 25 percent of
funds authorized for the Afghanistan Security Forces Fund,
unless the Secretary of Defense certifies to Congress that the
Department of Defense has sufficient management and oversight
mechanisms on contracts. (10 minutes)
87. Coffman (CO): Would require the Secretary of Defense to
submit a report to the congressional defense committees on the
feasibility and desirability of recycling rare earth elements
used by the Department of Defense. (10 minutes)
88. Coffman (CO): Would require the Secretary of Defense to
submit a report to the congressional defense committees on
methods to increase the efficiency of the tuition assistance
program under section 2007 of title 10, United States Code. (10
minutes)
89. Connolly (VA), Moran, James (VA): Would authorize
incremental funding of a military construction project for the
Intelligence Dominance Center at Fort Belvoir (10 minutes)
90. Connolly (VA), Kissell, Larry (NC): Would direct the
Secretary of Defense to submit a report to Congress after 180
days on the estimated cost of expanding the Homeowners
Assistance Program to various servicemembers who currently are
not eligible under the Permanent Change of Station category.
(10 minutes)
91. Connolly (VA), Platts (PA): Would improve the
performance of the Federal Acquisition Institute. (10 minutes)
92. Connolly (VA), Bilbray (CA): Would improve federal
internship programs through better management and intern
recruitment. (10 minutes)
93. Connolly (VA), Capps (CA), Blumenauer (OR), Hinchey
(NY), Welch (VT): Would take fuel costs into account during the
procurement process for tents and other structures, with the
goal of reducing fuel convoy-related deaths. (10 minutes)
94. 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)
95. 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)
96. Davis, Susan (CA): Would modify a current GAO reporting
requirement on TRICARE Standard and Extra from ``bi-annual''
(twice a year) to ``biennial'' (every two years). (10 minutes)
97. Dent (PA): Would require the Secretary of Defense to
conduct a study to measure the domestic capacity in accordance
with the Defense Acquisition Regulations System to manufacture
ship shafts and other forged components used by surface and
sub-surface vessels of the U.S. Navy. (10 minutes)
98. DeLauro (CT), Wolf (VA): Would broaden the definition
of entities prevented from receiving Department of Defense
contracts to include all entities owned or controlled by,
directed by or from, operating with delegated authority from,
or affiliated with the Government of the People's Republic of
China. Would require the Secretary of Defense to report to the
congressional defense and appropriations committees at least 15
days prior to issuing any waiver for this procurement
limitation. (10 minutes)
99. Donnelly (IN): Would improve DoD oversight of private
security contractors funded by the DoD by requiring a standard
Quality Assurance Surveillance Plan that sets out standards for
oversight of all private security contracts, and requiring DoD
to designate one official in the country of operations to
certify that they have reviewed and are confident of oversight
plans for private security contractors. (10 minutes)
100. Edwards, Donna (MD): Would require that the effects on
local businesses, neighborhoods, and local governments be
included in the analysis of the impacts on transportation
infrastructure related to consideration and selection of
military installations for closure or realignment (BRAC). (10
minutes)
101. Ellison (MN): Would require the Secretary of Defense
to update the Congressional defense committees on the United
States military strategy in Afghanistan in light of the death
of Osama Bin Laden. (10 minutes)
102. Flake, Jeff (AZ): Would require that the Department of
Defense make public any written communications from Congress
recommending that funds specified in Division D be directed
towards a particular project. (10 minutes)
103. Flake, Jeff (AZ): Would require the Department of
Defense to submit a report to Congress justifying the use of
funds and detailing the process by which those funds were
awarded, for each program element under Section 201 that
received an authorization of appropriations that is more than
what the President requested. (10 minutes)
104. Franks (AZ): Would transfer administrative
jurisdiction, custody, and control of the Air Force Memorial
from the Secretary of the Army to the Secretary of the Air
Force. (10 minutes)
105. Garamendi (CA), Wilson, Joe (SC): Would require the
National Academy of Sciences to Review Nuclear Waste
Reprocessing and Nuclear Reactor Technology. (10 minutes) 106.
106. Hanabusa (HI): Would allow those in the IRR to obtain
health insurance through TRICARE for continuity of care. (10
minutes)
107. Hastings, Doc (WA): Would reauthorize the Department
of Energy's Office of River Protection through September 30,
2019. (10 minutes)
108. Hastings, Alcee (FL): Would add Sense of the Congress
language regarding Members of Congress obtaining a
comprehensive understanding of the cultures, religions,
ethnicities, geographies, histories and politics of nations in
which the Armed Forces are engaged or are proposed to engage in
military action. (10 minutes)
109. Heck (NV): Would provide DoD with the option to
transition to HCFC blend fire suppressant agents to replace its
current agent Halon 1211, which is no longer produced and
significantly more harmful to the environment. (10 minutes)
110. Inslee (WA): Would give the Department of Defense the
authority to provide severely wounded or seriously ill service
members, who remain on active duty, with a broad range of
rehabilitative equipment including recreational sports
equipment that must be specially customized to meet the needs
of the service member. (10 minutes)
111. Jackson Lee (TX), Johnson, Hank (GA): Would designate
a National Day of Honor for members of the Armed Forces who
have served in Iraq, Afghanistan, and other combat areas. (10
minutes)
112. Jackson Lee (TX): Would express the Sense of Congress
that Post Traumatic Stress Disorder is an increasing disorder
affecting returning members of the Armed Forces and access to
treatment for this disorder should be expanded. (10 minutes)
113. Kind (WI): Would allow the Secretary of Defense to
enter into a special military cooperative agreement for the
operation and maintenance of any State training center
certified by the Federal Emergency Management Agency as capable
of providing emergency response training. (10 minutes)
114. Kinzinger (IL): Would prohibit any funds made
available by this Act from being used to research, develop,
manufacture, or procure a newly designed flight suit for
members of the Armed Services. (10 minutes)
115. Langevin (RI): Would prohibit the transfer of funds
from the National Defense Education Program K-12 education
component. (10 minutes)
116. Larsen, Rick (WA): Would provide authority to the
Secretary of State, with the concurrence of the Secretary of
Defense, to provide assistance to foreign nations to strengthen
that nation's national and regional security interests
consistent with U.S. foreign policy interests and with existing
law. (10 minutes)
117. Lee, Barbara (CA): Would prohibit funding to construct
permanent military bases in Iraq and Afghanistan. (10 minutes)
118. Lipinski (IL), Roskam (IL): Would express a Sense of
Congress regarding the establishment of a National Korean War
Museum. (10 minutes)
119. LoBiondo (NJ): Would clarify the SEAD/DEAD report
required in Section 334 of the FY2011 National Defense
Authorization Act. (10 minutes)
120. Luetkemeyer (MO): Would direct the Secretaries of the
military departments to conduct a review of military service
records to determine whether certain Jewish American war
veterans, including those previously awarded the Distinguished
Service Cross, Navy Cross, or Air Force Cross, should be
awarded the Medal of Honor. (10 minutes)
121. Maloney (NY): Would amend Section 1091 of this act to
replace ``Critical Infrastructure Information'' in every case
with ``Critical Infrastructure Security Information,'' add a
definition of Critical Infrastructure Security Information, and
add a balancing test for the public interest when regarding
treatment under the Freedom of Information Act. (10 minutes)
122. McCollum (MN): Would limit the amount spent on
military musical units to $200,000,000 in fiscal year 2012. (10
minutes)
123. Miller, Candice (MI): Would direct the Department of
Defense to collaborate with the Department of Homeland Security
to identify technology and equipment that could be used to
secure the border. (10 minutes)
124. Moran, James (VA): Would limit the number of parking
spaces the Army would be permitted to use at the BRAC #133
location in Alexandria, Virginia, to 1,000 until there are
sufficient traffic mitigation measures in place. (10 minutes)
125. 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 and TBI, and
offer recommendations for ways to provide incentives for
healthcare professionals to join active and reserve components.
(10 minutes)
126. Murphy, Christopher (CT): Would require greater
transparency in the issuance of Buy American waivers. Would
require an itemized list of articles, materials and supplies
for which waivers were sought, an analysis of the domestic
capacity to make the waived item, and finally, an explanation
in a yearly increase or decrease in Buy American Act waivers.
(10 minutes)
127. Nugent (FL): Would expand retroactive eligibility of
the Army Combat Action Badge to include members of the Army who
participated in combat during which they personally engaged, or
were personally engaged by, the enemy at any time on or after
December 7, 1941. (10 minutes)
128. Pearce (NM): Would prohibit the Department of the Army
from bundling contracts whose total value is more than
$1,000,000 unless certain criteria are met. (10 minutes)
129. Pompeo (KS): Would waive the time limitation for the
award of the Medal of Honor to Father Chaplain Emil Kapaun for
heroic deeds during the Korean Conflict. This time waiver is
necessary prior to the award of the Medal of Honor by the
President. (10 minutes)
130. Pompeo (KS), Ryan, Tim (OH): Would clarify the Medal
of Honor process by requiring the Secretary of Defense, rather
than the respective military service secretary, to submit the
Department of Defense recommendation to Congress. This will
ensure the potential Medal of Honor award is supported by the
Secretary of Defense prior to Congressional action. (10
minutes)
131. Reed (NY): Would designate TAPs as the National Song
of Remembrance and prescribes procedures during the sounding of
TAPs. (10 minutes)
132. Richardson (CA): Would express the sense of Congress
that NORTHCOM, who's mission it is to protect the United States
homeland and support local, state, and federal authorities, to
develop a leadership strategy, relationships, and guidelines to
work with State and Local authorities in the event of a major
incident and in unforeseen circumstances. (10 minutes)
133. Rigell (VA): Would direct the Secretary of Defense to
develop and implement a plan to address shortfalls in
operational contract support requirements determination,
management, oversight, and administration. (10 minutes)
134. Runyan (NJ): Would require that the Secretary of
Defense establish goals for competition in contracts for the
procurement of property or services to be used outside the
United States in support of a contingency operation and
requires that processes be developed to measure and monitor
such competition, including task order categories for services,
construction, and supplies. (10 minutes)
135. Sanchez, Loretta (CA): Would increase the funding for
the Global Threat Reduction Initiative. The offset will be
derived from the Aerostat Joint Project Office. (10 minutes)
136. Shuster (PA): Would provide a three year extension of
authority to the Secretary of Defense to use acquisition and
cross-servicing agreements (ACSAs) to loan certain equipment to
coalition partners for the purpose of enhancing personnel
protection and aiding in personnel survivability in coalition
operations, in certain peacekeeping operations, and in
connection with training for deployment to such operations. (10
minutes)
137. Sanchez, Loretta (CA): Would require a report
assessing the nuclear forces of the Russian Federations
relative to the New START Treaty. (10 minutes)
138. Sanchez, Loretta (CA): Would increase funding for the
operation of the Defense Nuclear Facilities Safety Board by
$2,500,000. The offset would be derived from Joint Tactical
Radio System Maritime-Fixed radios. (10 minutes)
139. Smith, Adam (WA): Would require the President to
develop strategies to address a prioritized list of areas that
serve or could serve as potential safe havens for al Qaeda and
its violent extremist affiliates. The amendment would further
require the agencies involved in executing the strategies to
sign a memorandum of understanding to enhance interagency
cooperation in executing the amendment. (10 minutes)
140. Smith, Adam (WA): Would require a report on Research
and treatment of Post-Traumatic Stress Disorder. (10 minutes)
141. Thompson, Glenn (PA): Would expand the Department of
Defense state licensure exception to qualified and credentialed
DOD health-care professionals, including contractors and
civilians, and removes the location requirement to better allow
our Guard and Reserve access to immediate and efficient care.
This amendment is nearly identical to H.R. 1832, the STEP Act.
(10 minutes)
142. Thornberry (TX): Would protect private sector
companies participating in the Defense Industrial Base (DIB)
Active Cyber Defense Pilot Project from potential liability as
an agent of the government. The pilot project is a 90-day pilot
with defense contractors and internet service providers to test
an active defense capability in cyber security. (10 minutes)
143. Tierney (MA): Would require the Department of Defense
to submit a report to Congress assessing the manufacturing
industry of the United States. The report would include, among
other requirements: (A) an assessment of the current
manufacturing capacity of the United States as it relates to
the ability of the United States to respond to both civilian
and defense needs; (B) an assessment of the tax, trade and
regulatory policies as they impact the growth of the
manufacturing industry in the United States; (C) an analysis of
the factors leading to the increased outsourcing of
manufacturing processes to foreign nations; and (D) an analysis
of the strength of the United States defense industrial base,
including the security and stability of the supply chain and an
assessment of the vulnerabilities and weak points of that
supply chain. (10 minutes)
144. Tierney (MA): Would establish a working group to
monitor the foreign police training programs, projects, and
activities of the various Federal departments and agencies and
coordinate and unify such programs, projects and activities
under a single strategic framework. The interagency working
group shall consist of representatives from the Departments of
Defense, State, Justice, Homeland Security, Treasury, and
Energy, the United States Agency for International Development,
and the Millennium Challenge Corporation. (10 minutes)
145. Tierney (MA): Would create an Assistant Secretary of
Defense for Contingency Contracting to be the principal advisor
of the Secretary of Defense and the Under Secretary of Defense
for Acquisition, Technology and Logistics on matters relating
to planning, funding, staffing, and managing contingency
contracting for the Department of Defense. Would also rename
and expand the Office of Program Support in the Office of the
Under Secretary of Defense for Acquisition, Technology and
Logistics as the Office of Contingency Contracting. (10
minutes)
146. Turner (OH): Clarifies the intent of section 1055 by
explicitly allowing activities determined by the Secretary of
Defense to be necessary to ensure the continued safety,
security, and reliability of the nuclear weapons stockpile. (10
minutes)
147. Turner (OH): Would create an additional exception
allowing for the reductions, withdrawals, or consolidations of
non-strategic nuclear weapons in Europe, when made pursuant to
either a Treaty or authorized by an Act of Congress. (10
minutes)
148. Turner (OH): Would require a report on the cost-
benefit analysis of migrating the management headquarters for
the Air Force's Enterprise Logistics System Program Executive
Office. (10 minutes)
149. Turner (OH), Sanchez, Loretta (CA): Would include a
Sense of Congress that any commercial communications that
interferes with the Global Positioning System (GPS) should not
receive final authorization by the Federal Communications
Commission until the potential interference with GPS is
resolved. (10 minutes)
150. Young (IN): Would provide the Secretary of Defense
with the authority to use funding to carry out a program
designed to reintegrate former low-level Taliban fighters into
Afghan society. The program would be subject to a certification
made by the Secretary of State that such a reintegration
program is necessary to support the goals of the U.S. in
Afghanistan and that the Department of State and the U.S.
Agency for International Development are unable to carry out a
similar program of reintegration because of the security
environment in certain areas. (10 minutes)
151. Walz (MN): Would require DOD to submit a report to
Congress outlining a plan that would ensure access to the Guard
and Reserves for missions short of war, as recommended by the
Quadrennial Defense Review directed Comprehensive Review of the
Guard and Reserve. (10 minutes)
152. Cravaack (MN), Chaffetz (UT): Would repeal Title VXII
of the Department of Defense Authorization Act, 1985, which
authorized the establishment of the United States Institute of
Peace. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Wittman of Virginia or
His Designee, Debatable for 10 Minutes
Page 34, after line 26, insert the following:
SEC. 127. FORD-CLASS AIRCRAFT CARRIER PROCUREMENT.
(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary of the Navy may
enter into multiyear contracts for the start of major
construction of the Ford-class aircraft carriers designated CVN
79 and CVN 80 and for the construction of major components,
modules, or other structures related to such carriers.
(b) Requirements.--In carrying out this section, the
Secretary of the Navy may--
(1) enter into contracts under subsection (a) in a
manner that the Secretary determines will result in the
lowest cost to the United States given the variability
of shipyard industrial capacity and other factors; and
(2) enter into contracts with the prime contractor
chosen for major fabrication and construction of the
vessels or directly with other contractors to supply
materiel and equipment for the construction of the
vessels in such a manner as to reduce cost to the
United States of such materiel and equipments by
purchasing in economic order quantities.
(c) Condition for Out-year Contract Payments.--A contract
entered into under subsection (a) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2012 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
(d) Other Authority.--Section 121(a) of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2104) is amended by striking ``three
fiscal years'' and inserting ``four fiscal years''.
2. An Amendment To Be Offered by Representative Woolsey of California
or Her Designee, Debatable for 10 Minutes
Page 34, after line 26, insert the following:
SEC. 127. ELIMINATION OF AVAILABILITY OF FUNDS FOR PROCUREMENT OF V-22
OSPREY AIRCRAFT.
Notwithstanding the amounts set forth in the funding tables
in division D--
(1) the amount authorized to be appropriated in
section 101 for aircraft procurement, Navy, as
specified in the corresponding funding table in
division D, is hereby reduced by $2,224,817,000, with
the amount of the reduction to be derived from Line 009
V-22 (Medium Lift) as set forth in the table under
section 4101; and
(2) the amount authorized to be appropriated in
section 101 for aircraft procurement, Air Force, as
specified in the corresponding funding table in
division D, is hereby reduced by $339,865,000, with the
amount of the reduction to be derived from Line 019 V-
22 Osprey as set forth in the table under section 4101.
----------
3. An Amendment To Be Offered by Representative Tonko of New York or
His Designee, Debatable for 10 Minutes
Page 92, after line 12, insert the following:
SEC. 254. APPLICATION OF RNA BIOLOGICAL AND FUNCTIONAL SCIENCE AND
TECHNOLOGY.
In carrying out the medical advanced technology program, the
Secretary of Defense shall ensure that, when applicable, RNA
biological and functional science and technology are used for
research in which RNA may be a translational tool and
potentially therapeutic, including--
(1) infectious diseases employed by terrorists or
other entities to have a battlefield effect;
(2) memory disorders;
(3) rare diseases; and
(4) other diseases affecting military readiness.
----------
4. An Amendment To Be Offered by Representative Hayworth of New York or
Her Designee, Debatable for 10 Minutes
Page 92, after line 12, insert the following:
SEC. 254. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT EMITTING
DIODE TECHNOLOGY.
It is the sense of Congress that--
(1) active matrix organic light emitting diode (in
this section referred to as ``OLED'') technology
displays have the potential to reduce the size, weight,
and energy consumption of both dismounted and mounted
systems of the Armed Forces;
(2) the United States has a limited OLED
manufacturing industry;
(3) to ensure a reliable domestic source of OLED
displays, the Secretary of Defense should use existing
programs, including the ManTech program, to support the
reduction of the costs and risks related to OLED
manufacturing technologies; and
(4) the reduction of such costs and risks of OLED
manufacturing has the potential to enable the
affordable production and sustainment of future weapon
systems, as well as the affordable transition of new
technologies that can enhance capabilities of current
force systems.
----------
5. An Amendment To Be Offered by Representative Schiff of California or
His Designee, Debatable for 10 Minutes
Page 113, after line 17, insert the following:
SEC. 317. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE IS DISPOSED OF
IN OPEN-AIR BURN PITS.
Section 317 of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2250; 10 U.S.C.
2701 note) is amended--
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
``(c) Health Assessment Reports.--Not later than 180 days
after notice is given under subsection (a)(2), the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a health assessment report on the
open-air burn pit covered by the notice. Each such report shall
include each of the following:
``(1) A detailed description of the short-term and
long-term health risks posed to personnel in the area
where the burn pit is located because of exposure to
the open-air burn pit.
``(2) A copy of the methodology, terminology, data,
and results, used to determine the health risks
described in paragraph (1).
``(3) The methodology and reasoning used in balancing
operational risks and health risks when making the
determination pursuant to subsection (a) that no
alternative disposal method is feasible for the open-
air burn pit.''.
----------
6. An Amendment To Be Offered by Representative Carter of Texas or His
Designee, Debatable for 10 Minutes
Page 178, after line 8, insert the following new section:
SEC. 527. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED FORCES AND
PROHIBITION OF RETALIATORY PERSONNEL ACTIONS.
Section 1034(c)(2) of title 10, United States Code, is
amended by adding at the end the following new subparagraph:
``(C) Ideologically based threats or actions
of another member that the member providing the
information reasonably believes could be
counterproductive or detrimental to United
States interests or security.''.
----------
7. An Amendment To Be Offered by Representative Miller of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title V, add the following:
SEC. 515. CHIEF OF NATIONAL GUARD BUREAU.
(a) Role as Advocate and Liaison.--Section 10502 of title 10,
United States Code, is amended--
(1) by redesignating subsections (d) and (e) as
subsections (f) and (g), respectively; and
(2) by inserting after subsection (c), the following
new subsection:
``(d) Advocate and Liaison for State National Guards.--The
Chief of the National Guard Bureau shall serve as an advocate
and liaison for the National Guard of each State, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
and the Virgin Islands and inform such National Guards of all
actions that could affect their Federal or State missions,
including any equipment level or force structure changes.''.
(b) Inclusion as Member of Joint Chiefs of Staff.--
(1) In general.--Section 10502 of title 10, United
States Code, is further amended by inserting after
subsection (d) (as amended by subsection (a) of this
section), the following new subsection:
``(e) Member of Joint Chiefs of Staff.--
``(1) The Chief of the National Guard Bureau shall be
a member of the Joint Chiefs of Staff (as described in
section 151 of this title).
``(2) As a member of the Joint Chiefs of Staff, the
Chief of the National Guard Bureau has the specific
responsibility of advocating for the National Guards of
the States, the Commonwealth of Puerto Rico, the
District of Columbia, Guam, and the Virgin Islands and
coordinating the efforts of the warfighting support and
force provider mission of the National Guard with the
homeland defense, defense support to civil authorities,
and State emergency response missions of the National
Guard to ensure the National Guard has the resources to
perform its multiple missions.
``(3) The Chief of the National Guard Bureau shall
consult with the Governors and the Adjutants General of
the States before any changes are made in National
Guard force structure or equipment levels (or both) to
determine the impact such changes may have on the
homeland defense, defense support to civil authorities,
and State emergency response missions of the National
Guard.''.
(2) Conforming amendment.--Section 151(a) of title
10, United States Code, is amended by adding at the end
the following new paragraph:
``(7) The Chief of the National Guard Bureau.''.
----------
8. An Amendment To Be Offered by Representative Schock of Illinois or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF
DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.
(a) Authority To Obtain Deferment.--In the case of a member
of the Armed Forces with minor dependents who has a spouse who
is also a member of the Armed Forces, and the spouse is
deployed in an area for which imminent danger pay is authorized
under section 310 of title 37, United States Code, the member
may request a deferment of a deployment to such an area until
the spouse returns from such deployment.
(b) Approval of Request.--The Secretary of the military
department concerned, and the Secretary of Homeland Security in
the case of members of the Coast Guard, shall approve a request
submitted by a member pursuant to subsection (a).
(c) Repeal of Limited Authority.--Section 586 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 11-
181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking
the second sentence.
----------
9. An Amendment To Be Offered by Representative Baca of California or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.
(a) Program Enhancements.--
(1) Enhancement.--The Secretary of Defense shall take
appropriate actions to enhance the suicide prevention
program of the Department of Defense through the
provision of suicide prevention information and
resources to members of the Armed Forces from their
initial enlistment or appointment through their final
retirement or separation.
(2) Cooperative effort.--The Secretary of Defense
shall develop suicide prevention information and
resources in consultation with--
(A) the Secretary of Veterans Affairs, the
National Institute of Mental Health, and the
Substance Abuse and Mental Health Services
Administration of the Department of Health and
Human Services; and
(B) to the extent appropriate, institutions
of higher education and other public and
private entities, including international
entities, with expertise regarding suicide
prevention.
(b) Suicide Prevention Training Component During Recruit
Basic Training.--
(1) Army.--
(A) Training required.--Chapter 401 of title
10, United States Code, is amended by inserting
after section 4320 the following new section:
``Sec. 4320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training
program of the Army that constitutes the basic training of new
recruits, the Secretary of the Army shall include a training
component on suicide prevention.
``(b) Elements.--The suicide prevention training component
shall include the following:
``(1) Methods for recognizing risk factors for
suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and
Internet resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of
sections at the beginning of such chapter is
amended by inserting after the item relating to
section 4320 the following new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
(2) Navy and marine corps.--
(A) Training required.--Chapter 602 of such
title is amended by adding at the end the
following new section:
``Sec. 6933. Recruit basic training: availability of suicide prevention
resources
``(a) Availability.--As part of the initial entry training
program of the Navy and the Marine Corps that constitutes the
basic training of new recruits, the Secretary of the Navy shall
include a training component on suicide prevention.
``(b) Elements.--The suicide prevention training component
shall include the following:
``(1) Methods for recognizing risk factors for
suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and
Internet resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of
sections at the beginning of such chapter is
amended by adding at the end the following new
item:
``602. Recruit basic training: availability of suicide prevention
resources.''.
(3) Air force.--
(A) Training required.--Chapter 901 of such
title is amended by inserting after section
9320 the following new section:
``Sec. 9320a. Recruit basic training: availability of suicide
prevention resources
``(a) Availability.--As part of the initial entry training
program of the Air Force that constitutes the basic training of
new recruits, the Secretary of the Air Force shall include a
training component on suicide prevention.
``(b) Elements.--The suicide prevention training component
shall include the following:
``(1) Methods for recognizing risk factors for
suicide.
``(2) Protocols for responding to crisis situations
involving members who may be at high risk for suicide.
``(3) Information about suicide prevention services
available to members, including toll-free hotlines and
Internet resources.
``(4) Information on best practices for suicide
prevention.''.
(B) Clerical amendment.--The table of
sections at the beginning of such chapter is
amended by inserting after the item relating to
section 4320 the following new item:
``4320a. Recruit basic training: availability of suicide prevention
resources.''.
(c) Preseparation Counseling.--Section 1142(b)(8) of such
title is amended by inserting before the period the following:
``and the availability to the member and the member's family of
the suicide prevention resources described in section 1177(d)
of this title''.
(d) Funding Increase and Offsetting Reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D--
(1) the amount authorized to be appropriated in
section 421 for military personnel, as specified in the
corresponding funding table in division D, is hereby
increased by $5,000,000, with the amount of the
increase allocated to carrying out this section and the
amendments made by this section; and
(2) the amount authorized to be appropriated in
section 101 for other procurement, Air Force, as
specified in the corresponding funding table in
division D, is hereby reduced by $5,000,000, with the
amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under line
049 Tactical Communications Electronic Equipment, as
specified in the corresponding funding table in section
4101.
----------
10. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION OF
REMAINS OF MEMBERS OF THE ARMED FORCES.
Section 1482(c) of title 10, United States Code, is amended--
(1) by striking ``Only the'' in the matter preceding
paragraph (1) and inserting ``The'';
(2) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(3) in paragraph (5), as so redesignated, by striking
``clauses (1)-(3)'' and inserting ``paragraphs (1)
through (4)''; and
(4) by inserting before paragraph (2), as so
redesignated, the following new paragraph:
``(1) The person identified by the decedent on the
record of emergency data maintained by the Secretary
concerned (DD Form 93 or any successor to that form),
as the Person Authorized to Direct Disposition (PADD),
regardless of the relationship of the designee to the
decedent.''.
----------
11. An Amendment To Be Offered by Representative Becerra of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. DIVERSITY RECRUITMENT EFFORTS FOR THE MILITARY SERVICE
ACADEMIES.
(a) Funds for Diversity Recruitment Efforts.--The amounts
authorized to be appropriated by section 301 for operation and
maintenance for the Army, Navy, and Air Force for officer
acquisition, as specified in the corresponding funding table in
section 4301, are each increased by $1,400,000 to expand
diversity recruitment efforts for the United States Military
Academy, the United States Naval Academy, and the United States
Air Force Academy.
(b) Offset From Joint Tactical Radio System.--Notwithstanding
the amounts set forth in the funding tables in division D, the
amount authorized to be appropriated in section 101 for other
procurement, Air Force, as specified in the corresponding
funding table in division D, is hereby reduced by $4,200,000,
with the amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line 049
Tactical Communications-Electronic Equipment as set forth in
the table under section 4101.
(c) Merit-based or Competitive Decisions.--A decision to
commit, obligate, or expend funds referred to in subsection (a)
with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
----------
12. An Amendment To Be Offered by Representative Hunter of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 5__. PILOT PROGRAM ON SCHOLARSHIPS FOR MILITARY DEPENDENT CHILDREN
WITH SPECIAL EDUCATION NEEDS.
(a) Pilot Program Required.--
(1) In general.--The Secretary of Defense shall, in
conjunction with the Secretaries of the military
departments, carry out a pilot program to assess the
feasibility and advisability of awarding scholarships
to military children with special education needs
described in subsection (b) in order to cover the costs
of such children in attending a school described in
subsection (c) for the purpose of ensuring military
children with special education needs a free
appropriate public education that emphasizes special
education and related services designed to meet their
unique needs and prepare them for further education,
employment and independent living. Such scholarships
shall be known as ``academic opportunity
scholarships''.
(2) Purposes.--The purposes of the pilot program
shall be as follows:
(A) To identify and assess obstacles faced by
military families with children with special
education needs in obtaining a free appropriate
public education to address such needs.
(B) To develop options for military children
with special education needs to attend public
or private schools through scholarships.
(C) To identify and assess evidence-based
research and best practices for providing
special education and related services (as
those terms are defined in section 602 of the
Individuals with Disabilities Education Act (20
U.S.C. 1401)) for military children with
special education needs.
(D) To assess timeliness in obtaining special
education and related services described in
subparagraph (C).
(E) To identify and document improvements in
academic performance of military children with
special education needs as a result of the
scholarships under the pilot program.
(F) To determine and document the cost
associated with obtaining special education and
related services described in subparagraph (C)
through such scholarships.
(3) Criteria.--The Secretary of Defense shall carry
out the pilot program based on uniform criteria
established by the Secretary, in consultation with the
Secretary of Education or the appropriate State
government agency.
(4) Commencement.--The Secretary of Defense shall
commence carrying out the pilot program beginning with
the 2012-2013 academic year.
(b) Covered Military Dependent Children.--A military
dependent child described in this subsection is a child who--
(1) is a dependent of a member of the Armed Forces;
(2) is a member of a family enrolled in the
Exceptional Family Member program administered by the
Secretary of the military department concerned;
(3) is a child with a disability under section 602 of
the Individuals with Disabilities Education Act; and
(4) is covered by a current individualized education
program developed and approved in accordance with
section 614 of the Individuals with Disabilities
Education Act (20 U.S.C. 1414) or has been identified
as needing special education and related services.
(c) Covered Schools.--A school described in this subsection
is any elementary or secondary school as follows:
(1) A private elementary school or secondary school.
(2) A public school in a local educational agency or
location other than the local educational agency or
location, as the case may be, in which the military
dependent child concerned resides.
(3) A public charter school in a local educational
agency or location other than the local educational
agency or location, as the case may be, in which the
military dependent child concerned resides.
(d) Amount, Payment, and Use of Scholarship.--
(1) Amount.--The amount of the scholarship awarded a
military dependent child under the pilot program for an
academic year may not exceed the lesser of--
(A) the amount required for such academic
year for the payment of tuition, fees,
transportation, and other expenses in
connection with attendance at a school
described in subsection (c) for the purpose
specified in subsection (a); or
(B) $7,500.
(2) Payment.--Payment of the amount of a scholarship
awarded a military dependent child shall be made to the
parent or guardian of the child for an academic year.
(3) Use.--Subject to regulations prescribed by the
Secretary of Defense for purposes of the pilot program,
the amount of the scholarship awarded a military
dependent child shall be utilized for the payment of
tuition, fees, transportation, and other expenses in
connection with attendance at a school described in
subsection (c) for the purpose specified in subsection
(a).
(e) Evaluation of Performance of Recipient Military Dependent
Children.--
(1) In general.--The Secretary of Defense shall
conduct an evaluation of the performance of military
dependent children awarded scholarships under the pilot
program. The evaluation shall address the following:
(A) The progress made by military dependent
children awarded scholarships in academic and
social performance.
(B) The success of the scholarships in
expanding choice in education and related
services for military dependent children
described in subsection (b).
(C) The success of the scholarships in
ensuring timely access of military dependent
children described in subsection (b) to special
education and related services required under
their individualized education programs.
(D) Such other matters as the Secretary
considers appropriate.
(2) Completion.--The evaluation required by paragraph
(1) shall be completed not later than December 31,
2015.
(f) Options for Improvement of Educational Opportunities for
Military Children With Special Education Needs.--
(1) Development of options.--The Secretary of the
Defense shall, in consultation with the Secretary of
Education, develop a variety of options for military
families with children with special education needs to
enhance the benefits available to such families and
children under the Individuals with Disabilities
Education Act and better assist such families in
meeting such needs.
(2) Actions.--In developing actions under paragraph
(1), the Secretaries shall consider the following:
(A) The feasibility of establishing an
individualized education program for military
children with special education needs that is
applicable across jurisdictions of local
educational agencies in order to achieve
reciprocity among States in acknowledging such
programs.
(B) Means of improving oversight and
compliance with the provisions of section 614
of the Individuals with Disabilities Education
Act that require local educational agencies to
support an existing individualized education
program for a military child with special
education needs who is relocating to another
State pursuant to the permanent change of
station of a military parent until an
individualized education program is developed
and approved for such child in the State to
which the child relocates.
(C) The feasibility of establishing an
expedited process for resolution of complaints
by military parents with a child with special
education needs about lack of access to
education and related services otherwise
specified in the individualized education
program of such child.
(D) The feasibility of permitting the
Department of Defense to contact the State to
which a military family with a child with
special education needs will relocate pursuant
to a permanent change of station when the
orders for such change of station are issued,
but before the family takes residence in such
State, for the purpose of commencing
preparation for education and related services
specified in the individualized education
program of such child.
(E) The feasibility of establishing a system
within the Department of Defense to document
complaints by military parents regarding access
to free and appropriate public education for
their children with special education needs
(F) Means to strengthen the monitoring and
oversight of education and related services for
military children with special education needs
under the Interstate Compact on Educational
Opportunities for Military Children.
(G) Such other matters as the Secretaries
jointly consider appropriate.
(g) Reports.--
(1) Report on improvements of educational
opportunities.--Not later than September 30, 2013, the
Secretary of Defense shall submit to Congress a report
setting forth the options developed under subsection
(f). The report shall include--
(A) a description of any options developed;
and
(B) recommendations for such legislative or
administrative action as the Secretary of
Defense and the Secretary of Education jointly
consider appropriate to implement such options.
(2) Report on implementation of pilot program.--Not
later than September 30, 2012, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report
setting forth the plans of the Secretary for the award
of scholarships under the pilot program, including any
regulations prescribed for purposes of subsection
(d)(3).
(3) Final report on pilot program.--Not later than
September 30, 2016, the Secretary shall submit to the
Committees on Armed Services of the Senate and the
House of Representatives a report on the scholarships
awarded under the pilot program. The report shall
include--
(A) a description of the scholarships awarded
under the pilot program, including the number
and amount of scholarships by school year;
(B) the results of the evaluation required by
subsection (e); and
(C) such other matters as the Secretary
considers appropriate.
(h) Funding for Scholarships.--
(1) Additional, discretionary budget authority.--Of
the amounts authorized to be appropriated by section
301 for Defense-wide operation and maintenance for
family advocacy activities, as specified in the
corresponding funding table in division D, the
Secretary of Defense shall obligate an additional
$10,000,000 to award scholarships to military dependent
children under the pilot program.
(2) Limitation on administrative expenses.--Not more
than five percent of the amount specified in paragraph
(1) may be used to cover administrative expenses to
carry out the pilot program.
(3) Merit-based or competitive decisions.--A decision
to commit, obligate, or expend funds made available
under paragraph (1) with or to a specific entity or
person shall--
(A) be based on merit-based selection
procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive
procedures; and
(B) comply with other applicable provisions
of law.
(i) Sunset.--The pilot program shall expire on September 30,
2016. No scholarship may be awarded under the pilot program for
an academic year that begins on or after that date.
(j) Funding Increase and Offsetting Reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D--
(1) the amount authorized to be appropriated in
section 301 for Defense-wide operation and maintenance,
as specified in the corresponding funding table in
division D, is hereby increased by $10,000,000, with
the amount of the increase allocated to carrying out
the pilot program; and
(2) the amount authorized to be appropriated in
section 1433 for the Mission Force Enhancement Transfer
Fund, as specified in the corresponding funding table
in division D, is hereby reduced by $10,000,000.
----------
13. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
At the end of subtitle H of title V, add the following new
section:
SEC. 577. SENSE OF CONGRESS REGARDING FINANCIAL COUNSELING FOR MILITARY
FAMILIES.
It is the sense of Congress that the Secretary of Defense
should work with the Consumer Financial Protection Bureau to
ensure coordination with the Office of Service Member Affairs
to provide financial counseling for members of the Armed Forces
and their families.
----------
14. An Amendment To Be Offered by Representative McNerney of California
or His Designee, Debatable for 10 Minutes
Strike section 591 and insert the following new section:
SEC. 591. AUTHORITY TO PROVIDE SUPPORT AND SERVICES FOR CERTAIN
ORGANIZATIONS AND ACTIVITIES OUTSIDE DEPARTMENT OF
DEFENSE.
Section 2012 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) Limitation on Annual Obligation of Funds.--Not more
than $20,000,000 may be obligated during fiscal year 2012 or
any fiscal year thereafter to provide support and services to
non-Department of Defense organizations and activities under
this section.''.
----------
15. An Amendment To Be Offered by Representative King of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle J of title V of division A, add the
following new section:
SEC. 598. POSTAL BENEFITS PROGRAM.
(a) Short Title.--This section may be cited as the ``Supply
Our Soldiers Act of 2011''.
(b) Postal Benefits Program for Members of the Armed
Forces.--
(1) In general.--The Secretary of Defense, in
consultation with the United States Postal Service,
shall provide for a program under which postal benefits
shall be provided to qualified individuals in
accordance with succeeding provisions of this section.
(2) Qualified individual.--For purposes of this
section, the term ``qualified individual'' means an
individual who is--
(A) a member of the Armed Forces of the
United States on active duty (as defined in
section 101 of title 10, United States Code);
and
(B)(i) serving in Iraq or Afghanistan; or
(ii) hospitalized at a facility under the
jurisdiction of the Armed Forces of the United
States as a result of a disease or injury
incurred as a result of service in Iraq or
Afghanistan.
(3) Postal benefits described.--
(A) In general.--The postal benefits provided
under this section shall consist of such
coupons or other similar evidence of credit
(whether in printed, electronic, or other
format, and hereinafter in this section
referred to as ``vouchers'') as the Secretary
of Defense (in consultation with the Postal
Service) shall determine, entitling the bearer
or user to make qualified mailings free of
postage.
(B) Qualified mailing.--For purposes of this
section, the term ``qualified mailing'' means
the mailing of a single mail piece which--
(i) is described in clause (i) or
(ii) of subparagraph (C);
(ii) is sent from within an area
served by a United States post office;
and
(iii) is addressed to a qualified
individual.
(C) Mail described.--Mail described in this
subparagraph is--
(i) any first-class mail (including
any sound- or video-recorded
communication) not exceeding 13 ounces
in weight and having the character of
personal correspondence; and
(ii) parcel post not exceeding 15
pounds in weight.
(D) Limitations.--
(i) Number.--An individual shall be
eligible for one voucher for each two-
month period in which such individual
is a qualified individual.
(ii) Use.--Any such voucher may not
be used--
(I) for more than a single
qualified mailing; or
(II) after the expiration
date of such voucher, as
designated by the Secretary of
Defense.
(E) Coordination rule.--Postal benefits under
this section shall be in addition to, and not
in lieu of, any reduced rates of postage or
other similar benefits which might otherwise be
available by or under law, including any rates
of postage resulting from the application of
section 3401(b) of title 39, United States
Code.
(4) Regulations.--Not later than 30 days after the
date of the enactment of this section, the Secretary of
Defense (in consultation with the Postal Service) shall
prescribe any regulations necessary to carry out this
section, including--
(A) procedures by which vouchers will be
provided or made available in timely manner to
persons duly identified by qualified
individuals to receive those vouchers; and
(B) procedures to ensure that the number of
vouchers provided or made available with
respect to any qualified individual complies
with paragraph (3)(D)(i).
(c) Funding.--
(1) Funding increase and offsetting reduction.--
Notwithstanding the amounts set forth in the funding
tables in division D, to carry out this section during
fiscal year 2012--
(A) the amount authorized to be appropriated
in section 301 for operation and maintenance,
Defense-wide, as specified in the corresponding
funding table in division D, is hereby
increased by $12,000,000, with the amount of
the increase allocated to the Office of the
Secretary of Defense, as set forth in the table
under section 4301, to carry out this section;
and
(B) the amount authorized to be appropriated
in section 101 for other procurement, Army, as
specified in the corresponding funding table of
division D, is hereby reduced by $12,000,000
with the amount of the reduction to be derived
from the Joint Tactical Radio System, Ground
Mobile Radio Program under Line 039 Joint
Tactical Radio System as set forth in the table
under section 4101.
(2) Transfers to postal service.--
(A) Based on estimates.--The Department of
Defense shall transfer to the Postal Service,
out of any amount so appropriated and in
advance of each calendar quarter for fiscal
year 2012 beginning on or after January 1,
2012, and during which postal benefits under
this section may be used, an amount equal to
the amount of postal benefits that the
Department of Defense estimates will be used
during such quarter, reduced or increased (as
the case may be) by any amounts by which the
Department finds that a determination under
this subsection for a prior quarter was greater
than or less than the amount finally determined
for such quarter.
(B) Based on final determination.--A final
determination of the amount necessary to
correct any previous determination under this
subsection, and any transfer of amounts between
the Postal Service and the Department of
Defense based on that final determination,
shall be made not later than six months after
the end of fiscal year 2012.
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of
postal benefits under this section used in any period
shall be made by the Department of Defense in
consultation with the Postal Service.
(d) Duration.--The postal benefits under this section shall
apply with respect to mail matter sent during the period
beginning on October 1, 2011, and ending on September 30, 2012.
----------
16. An Amendment To Be Offered by Representative Ruppersberger of
Maryland or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title VI, add the following new
section:
SEC. 623. INCLUSION OF MEMBERS OF THE ARMED FORCES ASSIGNED TO EGYPT
MULTI-NATIONAL FORCE AND OBSERVERS MISSION IN
UNITED STATES CENTRAL COMMAND REST AND RECUPERATION
ABSENCE PROGRAM.
(a) Inclusion of MNFOM Members.--Subsection (b) of section
705a of title 10, United States Code, as added by section 532
of the Ike Skelton National Defense Authorization Act for
Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4216), is
amended to read as follows:
``(b) Eligible Members.--Subject to such other criteria as
the Secretary of Defense may prescribe in the regulations
required by subsection (a), the following members of the armed
forces are eligible for selection to receive the benefits
described in subsection (c):
``(1) A member who is assigned or deployed for at
least 270 days in an area or location--
``(A) that is designated by the President as
a combat zone; and
``(B) in which hardship duty pay is
authorized to be paid under section 305 of
title 37.
``(2) A member who is assigned to duty for at least
270 days as a participant in the Egypt Multi-National
Force and Observers Mission.''.
(b) Funding Source.--Notwithstanding the amounts set forth
in the funding table in section 4501, the Secretary of Defense
may transfer up to $4,000,000 from the Mission Force
Enhancement Transfer Fund established by section 1433 to
another account of the Department of Defense to mitigate
unfunded requirements for fiscal year 2012 incurred as a result
of the amendment made by subsection (a).
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 101 for other procurement, Army, as
specified in the corresponding funding table in division D, is
hereby reduced by $5,000,000, with the amount of the reduction
to be derived from Joint Tactical Radio System Maritime-Fixed
radios under Line 039 Joint Tactical Radio System as set forth
in the table under section 4101.
----------
17. An Amendment To Be Offered by Representative Carter of Texas or His
Designee, Debatable for 10 Minutes
At the end of title VI, add the following new section:
SEC. 662. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN
EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE
KILLED OR WOUNDED IN THE NOVEMBER 5, 2009, ATTACK
AT FORT HOOD, TEXAS.
(a) Treatment.--For purposes of all applicable Federal
laws, regulations, and policies, a member of the Armed Forces
or civilian employee of the Department of Defense who was
killed or wounded in the attack that occurred at Fort Hood,
Texas, on November 5, 2009, shall be deemed as follows:
(1) In the case of a member, to have been killed or
wounded in a combat zone as the result of an act of an
enemy of the United States.
(2) In the case of a civilian employee of the
Department of Defense--
(A) to have been killed or wounded while
serving with the Armed Forces in a contingency
operation; and
(B) to have been killed or wounded in a
terrorist attack.
(b) Exception.--Subsection (a) shall not apply to a member
of the Armed Forces whose death or wound as described in that
subsection is the result of the willful misconduct of the
member.
----------
18. An Amendment To Be Offered by Representative Boswell of Iowa or His
Designee, Debatable for 10 Minutes
Page 316, line 15, in section 646 relating to the enhanced
commissary stores pilot program, strike ``(e)'' and insert the
following:
``(e) Substance Abuse Prevention Programs.--On account of the
types of merchandise authorized to be sold in an enhanced
commissary store, the Secretary of Defense may use amounts
retained under subsection (d)(1) for the enhanced commissary
store to support substance abuse prevention programs for
patrons of the store while ensuring that the store receives
necessary operating funds.
``(f)''.
----------
19. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
Page 325, after line 9, insert the following:
SEC. 705. MENTAL HEALTH ASSESSMENTS FOR MEMBERS OF THE ARMED FORCES
DEPLOYED IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Mental Health Examinations During a Deployment.--
(1) In general.--Chapter 55 of title 10, United
States Code, is amended by inserting after section
1074l the following new section:
``Sec. 1074m. Mental health assessments for members of the armed forces
deployed in support of a contingency operation
``(a) Mental Health Assessments.--(1) The Secretary of
Defense shall provide a person-to-person mental health
assessment for each member of the armed forces who is deployed
in support of a contingency operation as follows:
``(A) Once during the period beginning 60 days before
the date of the deployment.
``(B) Once during each 180-day period in which the
member is so deployed.
``(C) Once during the period beginning 90 days after
the date of redeployment from the contingency operation
and ending 180 days after such redeployment date.
``(D) Subject to subsection (d), not later than once
during each of--
``(i) the period beginning 180 days after the
date of redeployment from the contingency
operation and ending one year after such
redeployment date;
``(ii) the period beginning one year after
such redeployment date and ending two years
after such redeployment date; and
``(iii) the period beginning two years after
such redeployment date and ending three years
after such redeployment date.
``(2) A mental health assessment is not required for a member
of the armed forces under subparagraphs (C) and (D) of
paragraph (1) if the Secretary determines that--
``(A) the member was not subjected or exposed to
operational risk factors during deployment in the
contingency operation concerned; or
``(B) providing such assessment to the member during
the time periods under such subparagraphs would remove
the member from forward deployment or put members or
operational objectives at risk.
``(b) Purpose.--The purpose of the mental health assessments
provided pursuant to this section shall be to identify post-
traumatic stress disorder, traumatic brain injury, suicidal
tendencies, and other behavioral health conditions identified
among members of the armed forces described in subsection (a)
in order to determine which such members are in need of
additional care and treatment for such health conditions.
``(c) Elements.--(1) The mental health assessments provided
pursuant to this section shall--
``(A) be performed by personnel trained and certified
to perform such assessments and may be performed--
``(i) by licensed mental health professionals
if such professionals are available and the use
of such professionals for the assessments would
not impair the capacity of such professionals
to perform higher priority tasks; and
``(ii) by personnel at private facilities in
accordance with section 1074(c) of this title.
``(B) include a person-to-person dialogue between
members of the armed forces described in subsection (a)
and the professionals or personnel described by
paragraph (1), as applicable, on such matters as the
Secretary shall specify in order that the assessments
achieve the purpose specified in subsection (b) for
such assessments;
``(C) be conducted in a private setting to foster
trust and openness in discussing sensitive health
concerns;
``(D) be provided in a consistent manner across the
military departments; and
``(E) include a review of the health records of the
member that are related to each previous deployment of
the member or other relevant activities of the member
while serving in the armed forces, as determined by the
Secretary.
``(2) The Secretary may treat periodic health assessments and
other person-to-person assessments that are provided to members
of the armed forces, including examinations under section
1074f, as meeting the requirements for mental health
assessments required under this section if the Secretary
determines that such assessments and person-to-person
assessments meet the requirements for mental health assessments
established by this section.
``(d) Cessation of Assessments.--No mental health assessment
is required to be provided to an individual under subsection
(a)(1)(D) after the individual's discharge or release from the
armed forces.
``(e) Diagnoses During Deployment.--(1) In order to prevent
suicide, self-harm, harm to others, and under-performance of
members of the armed forces, the Secretary shall, with respect
to a member described in paragraph (2)--
``(A) retire the member pursuant to section
1201 of this title if such member is otherwise
qualified for such retirement; or
``(B) redeploy such member from the
contingency operation to a location where the
member may receive appropriate medical
treatment.
``(2) A member described in this paragraph is a member of the
armed forces who, as a result of a mental health assessment
conducted under subsection (a)(1)(B)--
``(A) is diagnosed with post-traumatic stress
disorder, traumatic brain injury, suicidal tendencies,
or other behavioral health condition; and
``(B) as part of such diagnosis, is determined to--
``(i) require care or monitoring that the
Secretary determines cannot be provided while
the member is deployed in support of a
contingency operation;
``(ii) be at risk of self-harm or harming
other members of the armed forces; or
``(iii) be unable to perform duties assigned
during such deployment.
``(f) Sharing of Information.--(1) The Secretary of Defense
shall share with the Secretary of Veterans Affairs such
information on members of the armed forces that is derived from
confidential mental health assessments, including mental health
assessments provided pursuant to this section and health
assessments and other person-to-person assessments provided
before the date of the enactment of this section as the
Secretary of Defense and the Secretary of Veterans Affairs
jointly consider appropriate to ensure continuity of mental
health care and treatment of members of the armed forces during
the transition from health care and treatment provided by the
Department of Defense to health care and treatment provided by
the Department of Veterans Affairs.
``(2) Any sharing of information under paragraph (1) shall
occur pursuant to a protocol jointly established by the
Secretary of Defense and the Secretary of Veterans Affairs for
purposes of this subsection. Any such protocol shall be
consistent with the following:
``(A) Applicable provisions of the Wounded Warrior
Act (title XVI of Public Law 110-181; 10 U.S.C. 1071
note), including section 1614 of that Act (122 Stat.
443; 10 U.S.C. 1071 note).
``(B) Section 1720F of title 38.
``(3) Before each mental health assessment is conducted under
subsection (a), the Secretary of Defense shall ensure that the
member of the armed forces is notified of the sharing of
information with the Secretary of Veterans Affairs under this
subsection.
``(g) Regulations.--The Secretary of Defense, in consultation
with the other administering Secretaries, shall prescribe
regulations for the administration of this section.
``(h) Reports.--(1) Upon the issuance of the regulations
prescribed under subsection (g), the Secretary of Defense shall
submit to Congress a report describing such regulations.
``(2)(A) Not later than 270 days after the date of the
issuance of the regulations prescribed under subsection (g),
the Secretary shall submit to Congress an initial report on the
implementation of the regulations by the military departments.
``(B) Not later than two years after the date of the issuance
of the regulations prescribed under subsection (g), the
Secretary shall submit to Congress a report on the
implementation of the regulations by the military departments.
The report shall include an evidence-based assessment of the
effectiveness of the mental health assessments provided
pursuant to the regulations in achieving the purpose specified
in subsection (b) for such assessments.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of such title is amended by
inserting after the item relating to section 1074l the
following new item:
``1074m. Mental health assessments for members of the armed forces
deployed in support of a contingency operation.''.
(3) Regulations.--The Secretary of Defense shall
prescribe an interim final rule with respect to the
amendment made by paragraph (1), effective not later
than 90 days after the date of the enactment of this
Act.
(b) Conforming Repeal.--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) is repealed.
----------
20. An Amendment To Be Offered by Representative Boswell of Iowa or His
Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. STUDY ON BREAST CANCER AMONG MEMBERS OF THE ARMED FORCES AND
VETERANS.
(a) Study.--The Secretary of Defense and the Secretary of
Veterans Affairs shall jointly conduct a study on the incidence
of breast cancer among members of the Armed Forces (including
members of the National Guard and reserve components) and
veterans. Such study shall include the following:
(1) A determination of the number of members and
veterans diagnosed with breast cancer.
(2) A determination of demographic information
regarding such members and veterans, including--
(A) race;
(B) ethnicity;
(C) sex;
(D) age;
(E) possible exposure to hazardous elements
or chemical or biological agents (including any
vaccines) and where such exposure occurred;
(F) the locations of duty stations that such
member or veteran was assigned;
(G) the locations in which such member or
veteran was deployed; and
(H) the geographic area of residence prior to
deployment.
(3) An analysis of breast cancer treatments received
by such members and veterans.
(4) Other information the Secretaries consider
necessary.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of Veterans Affairs shall jointly submit to Congress
a report containing the results of the study required under
subsection (a).
(c) Funding Increase and Offsetting Reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D--
(1) the amount authorized to be appropriated in
section 1406 for the Defense Health Program, as
specified in the corresponding funding table in
division D, is hereby increased by $10,000,000, with
the amount of the increase allocated to the Defense
Health Program, as set forth in the table under section
4501, to carry out this section;
(2) the amount authorized to be appropriated in
section 101 for other procurement, Navy, as specified
in the corresponding funding table in division D, is
hereby reduced by $8,800,000, with the amount of the
reduction to be derived from Joint Tactical Radio
System Maritime-Fixed radios under Line 075 Shipboard
Tactical Communications as set forth in the table under
section 4101; and
(3) the amount authorized to be appropriated in
section 101 for other procurement, Air Force, as
specified in the corresponding funding table in
division D, is hereby reduced by $1,200,000, with the
amount of the reduction to be derived from Joint
Tactical Radio System Maritime-Fixed radios under Line
049 Tactical Communications-Electronic Equipment as set
forth in the table under section 4101.
----------
21. An Amendment To Be Offered by Representative Sessions of Texas or
His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. 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 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 treatment (including any patient disclosure
requirements) must be used by the health care provider
delivering the treatment.
(4) The patient receiving the treatment 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 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 section.
(d) Payment Deadline.--The Secretary of Defense and the
Secretary of Veterans Affairs shall make a payment for a
treatment 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. 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 Authority.--
(1) Department of defense.--The Secretary of Defense
shall make payments under this section for treatments
received by members of the Armed Forces using the
authority in subsection (c)(1) of section 1074 of title
10, United States Code.
(2) Department of veterans affairs.--The Secretary of
Veterans Affairs shall make payments under this section
for treatments received by veterans using the authority
in section 1728 of title 38, United States Code.
(f) Payment Amount.--A payment under this section 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 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, in the case of data relating to a
patient case involving the use of such
treatment.
(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 Web site of
their respective departments includes a list of all
civilian institutional review board studies that have
received a payment under this section.
(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 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 under this section,
or for the provision of such treatment, 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 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 section, 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 approved by and under the
oversight of civilian institutional review boards that would
qualify for payment under this section.
(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 pursuant to this section.
(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
pursuant to this section.
(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 section, the Secretaries shall jointly
submit to Congress an annual report on the implementation of
this section. 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 section.
(2) The condition for which each such individual
receives treatment for which payment is provided under
this section and the success rate of each such
treatment.
(3) Treatment methods that are used by entities
receiving payment provided under this section 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 section into
facilities of the Department of Defense and Department
of Veterans Affairs.
(n) Termination.--The authority to make a payment under this
section 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 section $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 section.
(p) Funding Increase and Offsetting Reduction.--
(1) In general.--Notwithstanding the amounts set
forth in the funding tables in division D, to carry out
this section during fiscal year 2012--
(A) the amount authorized to be appropriated
in section 1406 for the Defense Health Program,
as specified in the corresponding funding table
in division D, is hereby increased by
$10,000,000, with the amount of the increase
allocated to the Defense Health Program, as set
forth in the table under section 4501, to carry
out this section; and
(B) the amount authorized to be appropriated
in section 101 for other procurement, Army, as
specified in the corresponding funding table in
division D, is hereby reduced by $10,000,000,
with the amount of the reduction to be derived
from Joint Tactical Radio System, ground-mobile
radio program under Line 039 Joint Tactical
Radio System as set forth in the table under
section 4101.
(2) Merit-based or competitive decisions.--A decision
to commit, obligate, or expend funds referred to in
paragraph (1)(A) with or to a specific entity shall--
(A) be based on merit-based selection
procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive
procedures; and
(B) comply with other applicable provisions
of law.
----------
22. An Amendment To Be Offered by Representative Pascrell Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. TRANSFER OF DEFENSE CENTERS OF EXCELLENCE FOR PSYCHOLOGICAL
HEALTH AND TRAUMATIC BRAIN INJURY.
(a) In General.--The Secretary of Defense shall develop a
plan to transfer the Defense Centers of Excellence for
Psychological Health and Traumatic Brain Injury from the
TRICARE Management Activity to a military department, as
determined by the Secretary.
(b) Notification.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall notify the
congressional defense committees of the plan under subsection
(a), including the military department determined by the
Secretary.
----------
23. An Amendment To Be Offered by Representative Pascrell Jr. of New
Jersey or His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. REPORT ON MEMORANDUM REGARDING TRAUMATIC BRAIN INJURIES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on how the Secretary
will identify, refer, and treat traumatic brain injuries with
respect to members of the Armed Forces who served in Operation
Enduring Freedom or Operation Iraqi Freedom before the date in
June, 2010, on which the memorandum regarding using a 50-meter
distance from an explosion as a criterion to properly identify,
refer, and treat members for potential traumatic brain injury
took effect.
----------
24. An Amendment To Be Offered by Representative Sarbanes of Maryland
or His Designee, Debatable for 10 Minutes
Strike section 937.
----------
25. An Amendment To Be Offered by Representative Murphy of Connecticut
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 845. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO
EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF DEFENSE
CONTRACTS.
(a) In General.--Section 2305(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(6)(A) The head of an agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the
agency may consider information (in this paragraph referred to
as a `jobs impact statement') that the offeror may include in
its offer related to the effects on employment within the
United States of the contract if it is awarded to the offeror.
``(B) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created in
the United States, or the number of jobs retained that
otherwise would be lost, if the contract is awarded to
the offeror.
``(ii) The number of jobs created or retained in the
United States by the subcontractors expected to be used
by the offeror in the performance of the contract.
``(iii) A guarantee from the offeror that jobs
created or retained in the United States will not be
moved outside the United States after award of the
contract.
``(C) The contracting officer may consider the information in
the jobs impact statement in the evaluation of the offer and
may request further information from the offeror in order to
verify the accuracy of any such information submitted.
``(D) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the
contract, the agency shall, not later than six months after the
award of the contract and annually thereafter for the duration
of the contract or contract extension, assess the accuracy of
the jobs impact statement.
``(E) The Secretary of Defense shall submit to Congress an
annual report on the frequency of use within the Department of
Defense of jobs impact statements in the evaluation of
competitive proposals.
``(F) In any contract awarded to an offeror that submitted a
jobs impact statement with its offer in response to the
solicitation for proposals for the contract, the agency shall
track the number of jobs created or retained during the
performance of the contract. If the number of jobs that the
agency estimates will be created (by using the jobs impact
statement) significantly exceeds the number of jobs created or
retained, then the agency may evaluate whether the contractor
should be proposed for debarment.''.
(b) Revision of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be revised to implement the
amendment made by this section.
----------
26. An Amendment To Be Offered by Representative Maloney of New York or
Her Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 845. PUBLIC DISCLOSURE OF SENIOR DEPARTMENT OF DEFENSE OFFICIALS
EMPLOYED WITH DEFENSE CONTRACTORS.
(a) Amendment.--Section 847 of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122
Stat. 243; 10 U.S.C. 1701 note) is amended by adding at the end
the following new subsection:
``(e) Public Availability.--Not later than 30 days after the
provision of the written opinion under subsection (a)(3), the
Secretary of Defense shall publish on a publicly available
website the information submitted under this section, including
the names of each official or former official described in
subsection (a)(1) and the contractor from whom such official or
former official expects to receive compensation.''.
(b) Previously Submitted Information.--With respect to the
publication of information required by subsection (e) of
section 847 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 243; 10 U.S.C.
1701 note), as added by subsection (a), for information that
was submitted before the date of the enactment of this Act, the
Secretary of Defense shall publish such information on a
publicly available website not later than 30 days after the
date of the enactment of this Act.
----------
27. An Amendment To Be Offered by Representative Cole of Oklahoma or
His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 845. PROHIBITION ON DISCLOSURE OF POLITICAL CONTRIBUTIONS.
(a) In General.--Chapter 47 of title 41, United States Code,
is amended by adding at the end the following new section:
``Sec. 4712. Prohibition on disclosure of political contributions
``(a) Prohibition.--An executive agency may not require an
entity submitting an offer for a Federal contract or otherwise
participating in acquisition of property or services by the
Federal Government to disclose any of the following information
as a condition of submitting the offer or otherwise
participating in such acquisition:
``(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
``(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any individual or entity with the
intent or the reasonable expectation that the
individual or entity will use the funds to make a
payment described in paragraph (1).
``(b) No Effect on Other Disclosure Requirements.--Nothing in
this section may be construed to waive or otherwise affect the
application to an entity described in subsection (a) of any
provision of law (including the Federal Election Campaign Act
of 1971) that requires the entity to disclose information on
contributions, expenditures, independent expenditures, or
electioneering communications.
``(c) Definitions.--In this section--
``(1) each of the terms `contribution',
`expenditure', `independent expenditure',
`electioneering communication', `candidate',
`election', and `Federal office' has the meaning given
such term in the Federal Election Campaign Act of 1971
(2 U.S.C. 431 et seq.); and
``(2) the term `acquisition' has the meaning given
that term in section 131 of this title.''.
(b) Technical and Conforming Amendment.--The table of
contents for chapter 47 of title 41, United States Code, is
amended by inserting after the item relating to section 4711
the following new item:
``4712. Prohibition on disclosure of political contributions.''.
____________________________________________________
28. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 845. REQUIREMENT TO SET ASIDE WORK FOR LOCAL QUALIFIED
SUBCONTRACTORS.
The Secretary of Defense shall require each contractor of the
Department of Defense performing a prime contract at a military
installation in the United States to set aside 40 percent, by
dollar value, of its subcontracting work under the contract for
local qualified subcontractors. For purposes of the preceding
sentence, a subcontractor shall be considered local if its
headquarters is within 60 miles of the military installation.
----------
29. An Amendment To Be Offered by Representative Waters of California
or Her Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 845. PREFERENCE FOR POTENTIAL CONTRACTORS THAT CARRY OUT CERTAIN
ACTIVITIES.
In evaluating offers submitted in response to a solicitation
for contracts, the Secretary of Defense shall provide a
preference to any offeror that--
(1) enhances undergraduate, graduate, and doctoral
programs in science, technology, engineering and math
(in this section referred to as ``STEM'' disciplines);
(2) makes investments, such as programming and
curriculum development, in STEM programs within
elementary and secondary schools;
(3) encourages employees to volunteer in Title I
schools in order to enhance STEM education and
programs;
(4) makes personnel available to advise and assist
faculty at such colleges and universities in the
performance of STEM research and disciplines critical
to the functions of the Department of Defense;
(5) establishes partnerships between the offeror and
historically Black colleges and universities and
minority institutions for the purpose of training
students in scientific disciplines;
(6) awards scholarships and fellowships, and
establishes cooperative work-education programs in
scientific disciplines; or
(7) conducts recruitment activities at historically
black colleges and universities and other minority-
serving institutions or offers internships or
apprenticeships.
----------
30. An Amendment To Be Offered by Representative Himes of Connecticut
or His Designee, Debatable for 10 Minutes
Page 414, line 4, strike ``and''.
Page 414, line 20, strike the period and insert ``; and''.
Page 414, after line 20, insert the following:
(5) by adding at the end the following:
``(h) Direction of Funds.--Any savings realized under this
section shall be deposited into the general fund of the
Treasury and used for deficit reduction.''.
----------
31. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 417, after line 7, insert the following:
SEC. 941. ASSESSMENT OF CONTRACTOR PERFORMANCE OF CERTAIN FUNCTIONS ON
SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY
WOMEN AND MINORITIES.
No Department of Defense function that is performed by
Department of Defense civilian employees and is tied to a
certain military base may be converted to performance by a
contractor until the Secretary of Defense conducts an outreach
program to benefit small business concerns owned and controlled
by women (as such term is defined in section 8(d)(3)(D) of the
Small Business Act) and small business concerns owned and
controlled by socially and economically disadvantaged
individuals (as such term is defined in section 8(d)(3)(C) of
the Small Business Act) that are located in the geographic area
near the military base.
----------
32. An Amendment To Be Offered by Representative Andrews of New Jersey
or His Designee, Debatable for 10 Minutes
Page 417, after line 7, insert the following (and conform the
table of contents accordingly):
SEC. 941. TEMPORARY SUSPENSION OF IMPLEMENTATION AND ENFORCEMENT OF
WORKFORCE MANAGEMENT AND SOURCING POLICES PURSUANT
TO ``EFFICIENCY INITIATIVE''.
(a) Temporary Suspension.--During the period beginning on the
date of enactment of this Act and ending on the date that is 60
days after the first date on which the Secretary of Defense has
submitted to the congressional defense committees both the
report required in subsection (b) and the certification
required under subsection (c), no workforce management and
sourcing policies, directives, guidance, or memoranda issued
pursuant to the Department of Defense's ``Efficiency
Initiative'' may be announced, carried out, continued,
implemented, or enforced.
(b) Report Required.--The Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall undertake a comprehensive review of the
workforce management and sourcing policies announced by the
Department of Defense pursuant to the ``Efficiency Initiative''
and submit to the congressional defense committees a report
that describes alternative policies that--
(1) ensure performance decisions are based on law,
risk, policy, and cost;
(2) reflect a total force policy that takes into
account the strengths and capacities of active and
reserve components, civil servants, contractors, and
retired military personnel in achieving national
security objectives and missions; and
(3) are consistent with the statutory framework for
workforce management and sourcing, including sections
129 and 129a of title 10, United States Code.
(c) Certification Required.--The Secretary of Defense shall
publish in the Federal Register and submit to the congressional
defense committees a certification that--
(1) the Secretary of Defense has completed and
submitted to the congressional defense committees a
complete inventory of contracts for services for or on
behalf of the Department in compliance with the
requirements of subsection (c) of section 2330a of
title 10, United States Code; and
(2) the Secretary of each military department and the
head of each Defense Agency responsible for activities
in the inventory has initiated the review and planning
activities of subsection (e) of such section.
(d) Comptroller General Review.--Not later than 30 days after
the first date on which both the report required under
subsection (b) and the certification required under subsection
(c) have been submitted to the congressional defense
committees, the Comptroller General shall conduct an assessment
of the report required under subsection (b), determine whether
the Department of Defense is compliant with the certification
requirement in subsection (c), and submit to the congressional
defense committees a report on the findings resulting from
those activities.
----------
33. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
At the end of subtitle A of title X of division A, add the
following new section:
SEC. 10__. LIMITATION IN FUNDING LEVEL TO FISCAL YEAR 2008 FUNDING
LEVEL.
(a) In General.--Notwithstanding any other provision of law,
no funds are authorized to be made available under this
division for any account of the Department of Defense (other
than accounts listed in subsection (b)) in excess of the amount
made available for such account for fiscal year 2008.
(b) Exempted Accounts.--The accounts exempted pursuant to
this subsection are the following accounts:
(1) Military personnel, reserve personnel, and
National Guard personnel accounts of the Department of
Defense.
(2) The Defense Health Program account.
----------
34. An Amendment To Be Offered by Representative Hayworth of New York
or Her Designee, Debatable for 10 Minutes
Page 429, after line 13, insert the following:
SEC. 965. SENSE OF CONGRESS REGARDING THE PERFORMANCE OF COMMERCIALLY-
AVAILABLE ACTIVITIES BY DEPARTMENT OF DEFENSE
CIVILIAN EMPLOYEES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) our Nation's economic strength is characterized
by individual freedom and the competitive enterprise
system, and as such, the Federal Government should not
compete with its citizens and private enterprise;
(2) in recognition of this policy, the Government
should rely on commercially available sources to
provide commercial products and services and should not
start or carry on any activity to provide a commercial
product or service if the product or service can be
procured more economically from a commercial source;
and
(3) the Department of Defense should not convert the
performance of any function from performance by a
contractor to performance by Department of Defense
civilian employees unless the function is inherently
governmental in nature.
(b) Definition of Inherently Governmental.--In this section,
the term ``inherently governmental'' has the meaning given that
term in section 5(2) of the Federal Activities Inventory Reform
Act of 1998 (Public Law 105-270; 112 Stat. 2384; 31 U.S.C. 501
note).
----------
35. An Amendment To Be Offered by Representative Cuellar of Texas or
His Designee, Debatable for 10 Minutes
Page 431, line 13, strike ``Counter-Drug Activities'' and
insert ``Counter-Drug Activities and Counter Transnational
Criminal Activities''.
At the end of subtitle B of title X (page 434, after line 7),
add the following new section:
SEC. 1015. MITIGATION OF NATIONAL SECURITY THREATS ALONG THE BORDER OF
THE UNITED STATES AND MEXICO.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should continue to
increase intelligence and technology sharing
information and capability with the Secretary of
Homeland Security and other agencies to mitigate
national security threats along the international
border between the United States and Mexico, including
threats of infiltration and border breaches by
transnational criminal organizations; and
(2) the Secretary of Defense should strongly consider
operationally testing, along the international border
between the United States and Mexico, emerging
technology capabilities developed for the purposes of
detection, intelligence, and surveillance.
(b) Congressional Briefing.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall brief the congressional defense committees on the
effectiveness of the ongoing collaborative programs with the
Government of Mexico intended to strengthen the capability of
Mexican forces to detect and deter infiltration of the United
States border and other national security threats by
transnational crime organizations.
----------
36. An Amendment To Be Offered by Representative Hunter of California
or His Designee, Debatable for 10 Minutes
Page 438, after line 2, insert the following:
SEC. 1022. NAMING OF NAVAL VESSEL AFTER UNITED STATES MARINE CORPS
SERGEANT RAFAEL PERALTA.
Congress strongly encourages the Secretary of the Navy to
name the next available Naval vessel after United States Marine
Corps Sergeant Rafael Peralta.
----------
37. An Amendment To Be Offered by Representative Richmond of Louisiana
or His Designee, Debatable for 10 Minutes
Page 438, after the matter after line 2, insert the
following:
SEC. 1022. PROHIBITION ON PAYMENT OF FUNDS RELATED TO CLOSURE OF
CERTAIN SHIPYARD FACILITY.
The Secretary of Defense may not make any payments pursuant
to section 2325 of title 10, United States Code, to a
contractor related to the restructuring or closure of the
shipyard manufacturing complex located in Avondale, Louisiana.
----------
38. An Amendment To Be Offered by Representative Mica of Florida or His
Designee, Debatable for 10 Minutes
At the end of subtitle H of title X, add the following new
section:
SEC. 1085. RULES OF ENGAGEMENT FOR MEMBERS OF THE ARMED FORCES DEPLOYED
IN DESIGNATED HOSTILE FIRE AREAS.
The Secretary of Defense shall ensure that the rules of
engagement applicable to members of the Armed Forces assigned
to duty in any hostile fire area designated for purposes of
section 310 or 351(a)(1) of title 37, United States Code--
(1) fully protect the members' right to bear arms;
and
(2) authorize the members to fully defend themselves
from hostile actions.
----------
39. An Amendment To Be Offered by Representative Flake of Arizona or
His Designee, Debatable for 10 Minutes
At the end of subtitle H of title X, add the following:
SEC. 1085. SENSE OF CONGRESS REGARDING DEPLOYMENT OF NATIONAL GUARD TO
SOUTHWESTERN BORDER OF UNITED STATES.
It is the sense of the Congress that the deployment of
National Guard personnel (as defined in section 101(c) of title
10, United States Code) along the southwestern border of the
United States for the purposes of assisting United States
Customs and Border Protection in securing the international
border between the United States and Mexico, should continue
through the end of fiscal year 2011.
----------
40. An Amendment To Be Offered by Representative Flake of Arizona or
His Designee, Debatable for 10 Minutes
At the end of subtitle I of title X, insert the following:
SEC. 1099C. CLOSING OF NATIONAL DRUG INTELLIGENCE CENTER.
Section 9078 of the Department of Defense Appropriations Act,
1993 (Public Law 102-396; 106 Stat. 1919) is amended by
striking ``There is established'' and all that follows through
``That section 8083'' and inserting ``Section 8083''.
----------
41. An Amendment To Be Offered by Representative Schakowsky of Illinois
or Her Designee, Debatable for 10 Minutes
At the end of subtitle F of title X, add the following new
section:
SEC. 1068. FREEZE IN BUDGET OF DEPARTMENT OF DEFENSE UNTIL UNQUALIFIED
AUDIT OPINIONS ACHIEVED.
(a) Freeze.--
(1) In general.--Unless and until the requirement
specified in paragraph (2) is met for the entire
Department of Defense, except as provided in subsection
(b), the aggregate amount of funds appropriated or
otherwise made available for military functions
administered by the Department of Defense (other than
the functions excluded by subsection (c)) for a fiscal
year may not exceed--
(A) in the case of fiscal year 2012, the
aggregate amount of funds appropriated or
otherwise made available for military functions
administered by the Department of Defense
(other than the functions excluded by
subsection (b)) for fiscal year 2011; and
(B) in each fiscal year after fiscal year
2012, the aggregate amount of funds
appropriated or otherwise made available for
such functions for the previous fiscal year.
(2) Requirement for unqualified audit opinion.--The
requirement of this paragraph is that the Department of
Defense (including every major Pentagon component and
every major defense acquisition program of the
Department) is certified by the Inspector General of
the Department of Defense or an independent public
accountant as achieving an unqualified audit opinion.
(b) Waiver.--The President may waive subsection (a) with
respect to a component or program of the Department if the
President certifies that applying the subsection to that
component or program would harm national security or members of
the Armed Forces who are in combat.
(c) Exclusion of Overseas Contingency Operations and Military
Personnel Pay and Benefits.--In determining the aggregate
amount of funds appropriated or otherwise made available for
military functions administered by the Department of Defense
for fiscal year 2012 or any subsequent fiscal year for purposes
of subsection (a), there shall be excluded all amounts
appropriated or otherwise made available--
(1) in any supplemental appropriations Act; or
(2) in any general appropriations Acts for--
(A) overseas contingency operations;
(B) military personnel, reserve personnel,
and National Guard personnel accounts of the
Department of Defense, generally title I of the
annual Department of Defense appropriations
Act; and
(C) wounded warrior programs of the
Department of Defense.
----------
42. An Amendment To Be Offered by Representative Smith of Washington or
His Designee, Debatable For 10 Minutes
Page 456, line 13, insert before the period at the end the
following: ``, except for the purpose of prosecuting such
individual in a United States court''.
Page 456, starting on line 14, strike subsection (b) and
insert the following:
(b) Individual Described.--An individual described in this
subsection is an individual who is not a citizen of the United
States or a member of the Armed Forces.
Page 456, after line 23, insert the following:
(c) Transfer Limitation.--During fiscal year 2012, the
Secretary of Defense may not use any of the amounts authorized
to be appropriated in this Act or otherwise available to the
Department of Defense to transfer any individual described in
subsection (b) to the United States, its territories, or
possessions, until 45 days after the President has submitted to
the congressional defense committees the plan described in
subsection (d).
(d) Comprehensive Plan Required.--The President shall submit
to the congressional defense committees a plan for the
disposition of each individual described in subsection (b) who
is proposed to be transferred to the United States, its
territories, or possessions. Such plan for each individual
shall include, at a minimum--
(1) an assessment of the risk that the individual
described in subsection (b) poses to the national
security of the United States, its territories, or
possessions;
(2) a proposal for the disposition of each such
individual;
(3) the measures to be taken to mitigate any risks
described in paragraph (1);
(4) the location or locations at which the individual
will be held under the proposal for disposition
required by paragraph (2);
(5) the costs associated with executing the plan,
including technical and financial assistance required
to be provided to State and local law enforcement
agencies, if necessary, to carry out the plan;
(6) a summary of the consultation required in
subsection (e); and
(7) a certification by the Attorney General that
under the plan the individual poses little or no
security risk to the United States, its territories, or
possessions.
(e) Consultation Required.--The President shall consult with
the chief executive of the State, the District of Columbia, or
the territory or possession of the United States to which the
disposition in subsection (d)(2) includes transfer to that
State, District of Columbia, or territory or possession.
----------
43. An Amendment To Be Offered by Representative Buchanan of Florida or
His Designee, Debatable for 10 Minutes
Page 461, after line 24, insert the following:
SEC. 1043. TRIAL OF FOREIGN TERRORISTS.
After the date of the enactment of this Act, any foreign
national, who--
(1) engages or has engaged in conduct constituting an
offense relating to a terrorist attack against persons
or property in the United States or against any United
States Government property or personnel outside the
United States; and
(2) is subject to trial for that offense by a
military commission under chapter 47A of title 10,
United States Code;
shall be tried for that offense only by a military commission
under that chapter.
----------
44. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
Page 461, after line 24, insert the following:
SEC. 1043. PROHIBITION ON UNITED STATES CITIZENSHIP FOR DETAINEES
REPATRIATED TO THE FEDERATED STATES OF MICRONESIA,
THE REPUBLIC OF PALAU, AND THE REPUBLIC OF THE
MARSHALL ISLANDS.
(a) Prohibition on Citizenship.--Notwithstanding the Compact
of Free Association, an individual described in subsection (b)
who has been repatriated to the Federated States of Micronesia,
the Republic of Palau, or the Republic of the Marshall Islands
may not be afforded the rights and benefits put forth in the
Compact of Free Association.
(b) Individual Described.--An individual described in this
subsection is an individual who--
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is located at United States Naval Station,
Guantanamo Bay, Cuba, on or after September 11, 2001,
while--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
----------
45. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
Page 507, after line 2, insert the following:
SEC. 1078. REPORT ON CERTAIN UNNECESSARY OR UNWANTED DEPARTMENT OF
DEFENSE PROGRAMS.
(a) Findings.--Congress makes the following findings:
(1) On March 31, 2011, Secretary of Defense Gates
testified before the Armed Services Committee of the
House of Representatives that the initial cost of
United States operations in Libya was approximately
$550,000,000 and was estimated to cost an additional
$40,000,000 a month after that.
(2) Secretary Gates testified that he was unaware of
what the total cost of United States assistance to
Japan would be in the aftermath of the earthquake,
tsunami, and Fukushima Daiichi incident, but indicated
it would be less than $500,000,000.
(3) Secretary Gates testified that the Department of
Defense would not need to ask for more money to cover
these costs within the Overseas Contingency Operations
accounts because ``There's several billion dollars in
there we can move around. . .that would cover these
costs. . .things that we don't need or want.''.
(b) Determination.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
determine and make publically available the programs funded
through the Overseas Contingency Operations accounts during the
five-year period preceding the date of the enactment of this
Act that are unnecessary or unwanted.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representative a report that contains the results of the
determination required by subsection (b). Such report shall
include--
(1) a description of each program that the Secretary
determines is unnecessary or unwanted;
(2) a description of the amount authorized to be
appropriated and the amount authorized to be
appropriated for each fiscal year for each program
described under paragraph (1); and
(3) any other information the Secretary considers
relevant.
----------
46. An Amendment To Be Offered by Representative Tierney of
Massachusetts or His Designee, Debatable for 10 Minutes
Add at the end of subtitle I of title X the following (and
conform the table of contents accordingly):
SEC. 1099C. OFFICIAL RECOGNITION OF SALEM, MASSACHUSETTS, AS THE
BIRTHPLACE OF THE NATIONAL GUARD OF THE UNITED
STATES.
(a) Findings.--Congress makes the following findings:
(1) In 1629, Captain John Endicott organized the
first militia in the Massachusetts Bay Colony in Salem.
(2) The colonists had adopted the English militia
system, which required all males between the ages of 16
and 60 to possess arms and participate in the defense
of the community.
(3) In 1636, the Massachusetts General Court ordered
the organization of three militia regiments, designated
as the North, South, and East regiments.
(4) These regiments drilled once a week and provided
guard details each evening to sound the alarm in case
of attack.
(5) The East Regiment, the predecessor of the 101st
Engineer Battalion, assembled as a regiment for the
first time in 1637 on the Salem Common, marking the
beginning of the Massachusetts National Guard and the
National Guard of the United States.
(6) Since 1785, Salem's own Second Corps of Cadets
(101st and 102nd Field Artillery) has celebrated the
anniversary of that first muster.
(7) As the policy contained in section 102 of title
32, United States Code, clearly expresses, the National
Guard continues its historic mission of providing units
for the first line defense of the United States and
current missions throughout the world.
(8) The designation of the City of Salem,
Massachusetts, as the Birthplace of the National Guard
of the United States will contribute positively to
tourism and economic development in the city, create
jobs, and instill pride in both the local and State
communities.
(b) Recognition.--Section 102 of title 32, United States
Code, is amended--
(1) by striking ``In accordance'' and inserting ``(a)
Statement of Policy.--In accordance''; and
(2) by adding at the end the following new
subsection:
``(b) Recognition of Salem, Massachusetts, as National Guard
Birthplace.--The City of Salem, Massachusetts, the site of the
first muster of a militia regiment in 1637 in what became the
United States, is hereby recognized as the Birthplace of the
National Guard of the United States.''.
----------
47. An Amendment To Be Offered by Representative Maloney of New York or
Her Designee, Debatable for 10 Minutes
Page 507, line 21, insert after ``department'' the following:
``that would reveal flight patterns, tactical techniques, or
tactical procedures''.
----------
48. An Amendment To Be Offered by Representative Mack of Florida or His
Designee, Debatable for 10 Minutes
At the end of title X add the following:
SEC. __. SUNKEN MILITARY CRAFT.
Section 1408(3) of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (10 U.S.C. 113 note) is
amended--
(1) in subparagraph (A), by inserting ``, that was''
before ``on military noncommercial service''; and
(2) in subparagraph (B), by inserting a comma before
``that was owned or operated''.
----------
49. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
At the end of title X, add the following new subtitle:
Subtitle J--Executive Cyberspace Coordination
SEC. 1099C. 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
National Office for Cyberspace 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
designated to such Director 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
cyberspace, including achieving an assured, reliable,
secure, and survivable information infrastructure and
related capabilities for the Federal Government, while
promoting national economic interests, security, and
civil liberties.
``(2) Basic pay.--The Director of the National Office
for Cyberspace shall be paid at the rate of basic pay
for level III of the Executive Schedule.
``(c) Staff.--The Director of the National Office for
Cyberspace may appoint and fix the pay of additional personnel
as the Director considers appropriate.
``(d) Experts and Consultants.--The Director of the National
Office for Cyberspace 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 of the Federal Government with related
information resources management policies and
procedures on the security and resiliency of
cyberspace;
``(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 not later
than 120 days after the date of the enactment of this
section;
``(11) coordinating information security training for
Federal employees with the Office of Personnel
Management;
``(12) ensuring the adequacy of protections for
privacy and civil liberties in carrying out the
responsibilities of the Director under this subchapter;
``(13) making recommendations that the Director
determines are necessary to ensure risk-based security
of the Federal information infrastructure and
information infrastructure that is owned, operated,
controlled, or licensed for use by, or on behalf of,
the Department of Defense, a military department, or
another element of the intelligence community to--
``(A) the Director of the Office of
Management and Budget;
``(B) the head of an agency; or
``(C) to Congress with regard to the
reprogramming of funds;
``(14) ensuring, in consultation with the
Administrator of the Office of Information and
Regulatory Affairs, that the efforts of agencies
relating to the development of regulations, rules,
requirements, or other actions applicable to the
national information infrastructure are complementary;
``(15) when directed by the President, carrying out
the responsibilities for national security and
emergency preparedness communications described in
section 706 of the Communications Act of 1934 (47
U.S.C. 606) to ensure integration and coordination; and
``(16) as assigned by the President, other duties
relating to the security and resiliency of cyberspace.
``(b) Recruitment Program.--Not later than 1 year after
appointment, the Director of the National Office for Cyberspace
shall establish a national program to conduct competitions and
challenges that instruct United States students in
cybersecurity education and computer literacy.
``(c) 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
such 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; and
``(iii) 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. 1099D. INFORMATION SECURITY ACQUISITION REQUIREMENTS.
Chapter 113 of title 40, United States Code, is amended by
adding at the end of subchapter II the following new section:
``Sec. 11319. Information security acquisition requirements.
``(a) Prohibition.--Notwithstanding any other provision of
law, beginning one year after the date of the enactment of the
Executive Cyberspace Coordination Act of 2011, 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 of the Office of
Management and Budget, 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 Executive Cyberspace
Coordination Act of 2011, the Director of the Office of
Management and Budget 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 of the Office of Management
and Budget 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. 1099E. 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. 1099F. 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.
SEC. 1099G. AUTHORITY OF SECRETARY.
(a) In General.--The Secretary shall have primary authority,
in consultation with the Director of the National Office for
Cyberspace and the Federal Cyberspace Practice Board, in the
executive branch of the Federal Government in creation,
verification, and enforcement of measures with respect to the
protection of critical information infrastructure, including
promulgating risk-informed information security practices and
standards applicable to critical information infrastructures
that are not owned by or under the direct control of the
Federal Government. The Secretary should consult with
appropriate private sector entities, including private owners
and operators of the affected infrastructure, to carry out this
section.
(b) Other Federal Agencies.--In establishing measures with
respect to the protection of critical information
infrastructure the Secretary shall--
(1) consult with the Secretary of Commerce, the
Secretary of Defense, the National Institute of
Standards and Technology, and other sector specific
Federal regulatory agencies in exercising the authority
referred to in subsection (a); and
(2) coordinate, though the Executive Office of the
President, with sector specific Federal regulatory
agencies, including the Federal Energy Regulatory
Commission, in establishing enforcement mechanisms
under the authority referred to in subsection (a).
(c) Auditing Authority.--The Secretary may--
(1) conduct such audits as are necessary to ensure
that appropriate measures are taken to secure critical
information infrastructure;
(2) issue such subpoenas as are necessary to
determine compliance with Federal regulatory
requirements for securing critical information
infrastructure; and
(3) authorize sector specific Federal regulatory
agencies to undertake such audits.
(d) Definitions.--In this section:
(1) Critical information infrastructure.--The term
``critical information infrastructure'' means the
electronic information and communications systems,
software, and assets that control, protect, process,
transmit, receive, program, or store information in any
form, including data, voice, and video, relied upon by
critical infrastructure, industrial control systems
such as supervisory control and data acquisition
systems, and programmable logic controllers. This shall
also include such systems of the Federal Government.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
SEC. 1099H. 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 1099C of this
subtitle, 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 1099C of this
subtitle, shall take effect one year after the date of
enactment of this Act.
SEC. 1099I. FUNDING OFFSETTING REDUCTION.
Notwithstanding the amounts set forth in the funding tables
in division D, the amount authorized to be appropriated in
section 4301 for Operations and Maintenance, as specified in
the corresponding funding table in division D, is hereby
reduced by $1,500,000,000.
----------
50. An Amendment To Be Offered by Representative Amash of Michigan or
His Designee, Debatable for 10 Minutes
Strike section 1034 (page 440, line 16 through page 441, line
21).
----------
51. An Amendment To Be Offered by Representative Rogers of Michigan or
His Designee, Debatable for 10 Minutes
Page 531, after line 2, insert the following:
SEC. 1099C. EXHUMATION AND TRANSFER OF REMAINS OF DECEASED MEMBERS OF
THE ARMED FORCES BURIED IN TRIPOLI, LIBYA.
(a) In General.--Notwithstanding any other provision of law,
the Secretary of Defense shall take whatever steps may be
necessary to--
(1) exhume the remains of any deceased members of the
Armed Forces of the United States buried at a burial
site described in subsection (b);
(2) transfer such remains to an appropriate forensics
laboratory to be identified;
(3) in the case of any remains that are identified,
transport the remains to a veterans cemetery located in
proximity, as determined by the Secretary, to the
closest living family member of the deceased individual
or at another cemetery as determined by the Secretary;
(4) for any member of the Armed Forces whose remains
are identified, provide a military funeral and burial;
and
(5) in the case of any remains that are unable to be
identified, transport the remains to Arlington National
Cemetery for interment at the Tomb of the Unknowns.
(b) Burial Sites Described.--The burial sites described in
this subsection are the following:
(1) The mass burial site containing the remains of
five United States sailors located in Protestant
Cemetery in Tripoli, Libya.
(2) The mass burial site containing the remains of
eight United States sailors located near the walls of
the Tripoli Castle in Tripoli, Libya.
(c) Effective Date.--This section takes effect on the date on
which NATO's Operation Unified Protector or any successor
operation terminates.
----------
52. An Amendment To Be Offered by Representative Campbell of California
or His Designee, Debatable for 10 Minutes
Page 548, after line 8, add the following new section:
SEC. 1115. TERMINATION OF JOINT SAFETY CLIMATE ASSESSMENT SYSTEM.
Effective as of October 1, 2011, or the date of the enactment
of this Act, whichever is later, the Joint Safety Climate
Assessment System of the Department of Defense is terminated.
----------
53. An Amendment To Be Offered by Representative Campbell of California
or His Designee, Debatable for 10 Minutes
Page 548, after line 8, add the following new section:
SEC. 1115. TERMINATION OF HUMAN, SOCIAL, AND CULTURE BEHAVIOR (HSCB)
MODELING PROGRAM.
Effective as of October 1, 2011, or the date of the enactment
of this Act, whichever is later, the program of the Department
of Defense commonly known as the Human, Social, and Culture
Behavior (HSCB) Modeling Program is terminated.
----------
54. An Amendment To Be Offered by Representative Campbell of California
or His Designee, Debatable for 10 Minutes
Page 548, after line 8, add the following new section:
SEC. 1115. REDUCTION IN THE NUMBER OF CIVILIAN POSITIONS WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Definitions, etc.--For purposes of this section--
(1) the term ``Secretary'' means the Secretary of
Defense;
(2) the term ``civilian position'' means a position
that is required to be filled by a civilian employee of
the Department of Defense;
(3) the term ``baseline number'' means the number of
civilian positions within the Department of Defense as
of the last day of the fiscal year in which occurs the
date of enactment of this Act; and
(4) the number of civilian positions within the
Department of Defense as of any given date shall be
determined and expressed on a full-time equivalent
basis.
(b) Reductions.--The Secretary shall take appropriate
measures to ensure that the total number of civilian positions
within the Department of Defense does not exceed--
(1) at the end of the 1st fiscal year beginning after
the date of enactment of this Act, the baseline number
reduced by 1 percent;
(2) at the end of the 2nd fiscal year beginning after
the date of enactment of this Act, the baseline number
reduced by 2 percent;
(3) at the end of the 3rd fiscal year beginning after
the date of enactment of this Act, the baseline number
reduced by 3 percent;
(4) at the end of the 4th fiscal year beginning after
the date of enactment of this Act, the baseline number
reduced by 4 percent; and
(5) at the end of the 5th fiscal year beginning after
the date of enactment of this Act, the baseline number
reduced by 5 percent.
(c) Restriction.--The Secretary shall take appropriate
measures to ensure that no increase occurs in the procurement
of personal services by contract by reason of the enactment of
this section.
(d) Regulations.--Any regulations necessary to carry out this
section shall be prescribed by the Secretary.
(e) Termination.--The provisions of this section shall
terminate after the end of the 5th fiscal year beginning after
the date of enactment of this Act.
----------
55. An Amendment To Be Offered by Representative McGovern of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of division A of the
bill, add the following:
SEC. 12XX. PLAN WITH TIMEFRAME FOR ACCELERATED TRANSITION OF UNITED
STATES FORCES FROM AFGHANISTAN AND PLAN WITH
TIMEFRAME FOR ACCELERATED TALKS WITH THE GOVERNMENT
OF AFGHANISTAN.
(a) Plan With Timeframe for Accelerated Transition of U.S.
Forces From Afghanistan.--Not later than 60 days after the date
of the enactment of this Act, the President shall transmit to
Congress a plan with a timeframe and completion date for the
accelerated transition of United States military and security
operations in Afghanistan to the Government of Afghanistan
(including operations involving military and security-related
contractors).
(b) Plan With Timeframe for Accelerated Talks With the
Government of Afghanistan.--Not later than 60 days after the
date of the enactment of this Act, the President shall transmit
to Congress a plan with a timeframe to pursue and conclude
negotiations leading to a political settlement and
reconciliation of the internal conflict in Afghanistan. Such
negotiations will include the Government of Afghanistan, all
interested parties within Afghanistan, and with the observance
and support of representatives of donor nations active in
Afghanistan.
(c) National Intelligence Estimate on Al-Qaeda.--The Director
of National Intelligence shall submit to the President and
Congress a new National Intelligence Estimate on the
leadership, locations, and capabilities of al-Qaeda and its
affiliated networks and cells. Such National Intelligence
Estimate shall be submitted as soon as is practicable, but not
later than the end of the 90-day period beginning on the date
of the enactment of this Act.
(d) Rule of Construction.--Nothing in this section shall be
construed so as to limit or prohibit any authority of the
President to--
(1) attack al Qaeda forces wherever such forces are
located;
(2) gather, provide, and share intelligence with
United States allies operating in Afghanistan and
Pakistan; or
(3) modify the military strategy, tactics, and
operations of the United States Armed Forces as such
Armed Forces redeploy from Afghanistan pursuant to the
accelerated transition timeframe and completion date
developed under subsection (a).
----------
56. An Amendment To Be Offered by Representative Chaffetz of Utah or
His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, add the following new
section:
SEC. 1217. SAFE WITHDRAWAL OF UNITED STATES GROUND FORCES FROM
AFGHANISTAN.
(a) Commencement of Withdrawal.--Except as provided in
subsection (b), the Secretary of Defense, in consultation with
military commanders and the Government of Afghanistan, shall
commence a safe, responsible, and phased withdrawal of units
and members of the Army and Marine Corps deployed in
Afghanistan and military contractors operating in Afghanistan
and funded using amounts appropriated to the Department of
Defense.
(b) Retention of Forces for Counter-terrorism Operations.--
The Secretary of Defense may continue to deploy units and
members of the Army and Marine Corps in Afghanistan, and
military contractors supporting such forces, to conduct small,
targeted counter-terrorism operations.
(c) Withdrawal Plan.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to Congress the plan for implementing the withdrawal of
United States ground forces, military equipment, and military
contractors supporting such forces from Afghanistan as safely
and quickly as possible pursuant to subsection (a). The
Secretary shall submit additional reports on the progress of
implementing the plan every 180 days thereafter.
----------
57. An Amendment To Be Offered by Representative Davis of California or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of division A of the
bill, add the following:
SEC. 12XX. LIMITATION ON AMOUNTS FROM AFGHANISTAN INFRASTRUCTURE FUND.
Not more than 75 percent of amounts made available to the
Afghanistan Infrastructure Fund for fiscal year 2012 may be
used to provide assistance to the Government of Afghanistan
unless the Secretary of Defense, in consultation with the
Secretary of State, determines and certifies to Congress that
women in Afghanistan are an integral part of the reconciliation
process between the Afghan Government and the Taliban.
----------
58. An Amendment To Be Offered by Representative Garrett of New Jersey
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII of division A of the
bill, add the following:
SEC. 12XX. RULE OF CONSTRUCTION RELATING TO SITUATION IN LIBYA.
Nothing in this Act or any amendment made by this Act shall
be construed to authorize military operations in Libya.
----------
59. An Amendment To Be Offered by Representative Rohrabacher of
California or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII of division A of the
bill, add the following:
SEC. 12XX. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS FROM
THE UNITED STATES MUNITIONS LIST.
(a) Authority.--Except as provided in subsection (b) and
subject to subsection (d), the President is authorized to
remove satellites and related components from the United States
Munitions List, consistent with the procedures in section 38(f)
of the Arms Export Control Act (22 U.S.C. 2778(f)).
(b) Exception.--The authority of subsection (a) may not be
exercised with respect to any satellite or related component
that may, directly or indirectly, be transferred to, or
launched into outer space by--
(1) the People's Republic of China, including
restrictions contained in the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (Public
Law 101-246), the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-
261), and the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65); or
(2) Burma, North Korea, Pakistan, or Venezuela or any
country that is a state sponsor of terrorism.
(c) Definitions.--In this section--
(1) the term ``state sponsor of terrorism'' means any
country the government of which the Secretary of State
determines has repeatedly provided support for acts of
international terrorism pursuant to section 6(j) of the
Export Administration Act of 1979 (as continued in
effect pursuant to the International Emergency Economic
Powers Act), section 40 of the Arms Export Control Act,
section 620A of the Foreign Assistance Act of 1961, or
any other provision of law; and
(2) the term ``United States Munitions List'' means
the list referred to in section 38(a)(1) of the Arms
Export Control Act (22 U.S.C. 2778(a)(1)).
(d) Effective Date.--The President may not exercise the
authority provided in this section before the date that is 90
days after the date of the enactment of this Act.
----------
60. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
At the end of title XII, add the following new section:
SEC. 12__. REDUCTION IN END STRENGTH LEVEL OF MEMBERS OF THE UNITED
STATES ARMED FORCES ASSIGNED TO PERMANENT DUTY IN
EUROPE AND CORRESPONDING GENERAL END STRENGTH
REDUCTIONS.
(a) European End Strength Level.--Effective September 30,
2012, the end strength level of members of the Armed Forces of
the United States assigned to permanent duty ashore in Europe
may not exceed a permanent ceiling of 30,000 in any fiscal
year.
(b) Exclusion of Certain Members.--For purposes of this
section, the following members of the Armed Forces are excluded
in calculating the end strength level of members of the Armed
Forces of the United States assigned to permanent duty ashore
in Europe:
(1) Members assigned to permanent duty ashore in
Iceland, Greenland, and the Azores.
(2) Members performing duties in Europe for more than
179 days under a military-to-military contact program
under section 168 of title 10, United States Code.
(c) Exceptions; Waiver.--This section shall not apply in
the event of a declaration of war or an armed attack on any
European member nation of the North Atlantic Treaty
Organization. The President may waive operation of this section
if the President declares an emergency and immediately informs
the Congress of the waiver band the reasons therefore.
(d) Repeal of Superceded End Strength Limitation.--Section
1002 of the Department of Defense Authorization Act, 1985 (22
U.S.C. 1928 note) is repealed.
(e) Conforming Changes to Overall End Strength Levels.--
(1) End strengths for active forces for fiscal year
2012.--Notwithstanding section 401, the Armed Forces
are authorized strengths for active duty personnel as
of September 30, 2012, as follows:
(A) The Army, 556,600.
(B) The Navy, 325,239.
(C) The Marine Corps, 202,000.
(D) The Air Force, 328,800.
(2) Continuation of reductions in subsequent fiscal
years.--For each of fiscal years 2013 through 2016, the
end strength numbers shall be reduced by an additional
10,000 a year, as follows:
(A) 5,400 a year from the Army.
(B) 4,000 a year from the Air Force.
(C) 500 a year from the Navy.
(D) 100 a year from the Marine Corps.
(3) Revision in permanent active duty end strength
minimum levels.--Section 691(b) of title 10, United
States Code, as amended by section 402, is amended by
striking paragraphs (1) through (4) and inserting the
following new paragraphs:
``(1) For the Army, 535,000.
``(2) For the Navy, 323,239.
``(3) For the Marine Corps, 201,600.
``(4) For the Air Force, 312,800.''.
----------
61. An Amendment To Be Offered by Representative Conyers Jr. of
Michigan or His Designee, Debatable for 10 Minutes
At the end of title XII, add the following new section:
SEC. 12__. PROHIBITION ON UNITED STATES GROUND COMBAT PRESENCE IN
LIBYA.
No funds appropriated pursuant to an authorization of
appropriations in this Act may be obligated or expended for the
purpose of--
(1) deploying members of the United States Armed
Forces on to the ground of Libya for the purposes of
engaging in ground combat operations, unless the
purpose of such deployment is limited solely to
rescuing members of the United States Armed Forces from
imminent danger;
(2) awarding a contract to a private security
contractor to conduct any activity on the ground of
Libya; or
(3) otherwise establishing or maintaining any
presence of members of the United States Armed Forces
or private security contractors on the ground of Libya,
unless the purpose of such presence is limited solely
to rescuing members of the United States Armed Forces
from imminent danger.
----------
62. An Amendment To Be Offered by Representative Flake of Arizona or
His Designee, Debatable for 10 Minutes
At the end of section 1433, relating to the Mission Force
Enhancement Transfer Fund, add the following new subsection:
(h) Elimination of Remaining Funds.--The amount otherwise
authorized to be appropriated for the Mission Force Enhancement
Transfer Fund for fiscal year 2012, as specified in the funding
table in section 4501, is reduced by $348,256,000, which
represents the amount of funds not needed to carry out projects
identified in H.R. 1540 of the 112th Congress, as reported by
the Committee on Armed Services of the House of
Representatives.
----------
63. An Amendment To Be Offered by Representative Ellison of Minnesota
or His Designee, Debatable for 10 Minutes
Page 616, strike line 18 and all that follows through line 13
on page 617.
----------
64. An Amendment To Be Offered by Representative Loretta Sanchez of
California or Her Designee, Debatable for 10 Minutes
Page 708, after line 12, insert the following:
SEC. 1699F-1. BUDGET REDUCTION FOR GROUND-BASED MIDCOURSE DEFENSE
SYSTEM.
Notwithstanding the amounts set forth in the funding tables
in division D, the amount authorized to be appropriated in
section 201 for research, development, test, and evaluation,
Defense-Wide, as specified in the corresponding funding table
in division D, is hereby reduced by $100,000,000, with the
amount of the reduction to be derived from Line 084 Ground-
Based Midcourse Defense Segment, PE 0603882C, as set forth in
the table under section 4201.
----------
65. An Amendment To Be Offered by Representative Quigley of Illinois or
His Designee, Debatable for 10 Minutes
Page 708, after line 12, insert the following:
SEC. 1699F-1. BUDGET REDUCTION FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION.
Notwithstanding the amounts set forth in the funding tables
in division D, the total amount authorized to be appropriated
in section 201 for research, development, test, and evaluation,
Navy, as specified in the corresponding funding table in
division D, is hereby reduced by 10 percent, with the amount of
the reduction to be derived from a 10 percent reduction of each
account under the table under section 4201.
----------
66. An Amendment To Be Offered by Representative Southerland of Florida
or His Designee, Debatable for 10 Minutes
Page 736, beginning on line 1, strike section 2307 and insert
the following new section:
SEC. 2307. LIMITATION ON IMPLEMENTATION OF CONSOLIDATION OF AIR AND
SPACE OPERATIONS CENTER OF THE AIR FORCE.
(a) Submission of Notice.--The Secretary of the Air Force may
not disestablish, close, or realign any element of the Air and
Space Operations Center consolidation initiative until the
Secretary of the Air Force submits a notice of the proposed
disestablishment, closure, or realignment to the congressional
defense committees.
(b) Consultation.--The Secretary of the Air Force shall
prepare a notice under subsection (a) in consultation with the
commanders of the combatant commands.
----------
67. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
At the end of subtitle A of title XXVIII, add the following
new section:
SEC. 2806. LIMITATION ON USE OF MILITARY FAMILY HOUSING CONSTRUCTION
FUNDS TO REPLACE COMMUNITY HOUSING RESOURCES
CONSTRUCTED UNDER BUILD-TO-LEASE AUTHORITY.
Section 2835 of title 10, United States Code, is amended by
adding at the end the following new section:
``(i) Limitation on Replacement of Housing Resources
Constructed Under Build-to-lease Authority.--The Secretary
shall--
``(1) seek to utilize, to the maximum extent
possible, military family housing acquired or
constructed under this section or under the former
section 2828(g) of this title (commonly known as the
`Build to Lease program'), as added by section 801 of
the Military Construction Authorization Act, 1984
(Public Law 98-115; 97 Stat 782), as community based
housing during outlease periods through negotiated
changes to outlease terms that will maximize the useful
economic life of the housing resources and provide for
priority use by military families;
``(2) use funds made available for the construction
of military family housing on military installations
for the construction and planning for the replacement
of community housing resources available to military
families and constructed on Federal land only upon
making a finding that further utilization of the
housing described in paragraph (1) is not feasible or
is not in the national interest; and
``(3) take all reasonable efforts to give effect to
existing Department of Defense policies encouraging the
provision of housing for military families through
community housing resources located outside of military
installations when planning for the construction and
utilization of military family housing.''
---------- .
68. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
At the end of title XXXV add the following:
SEC. __. STRATEGIC PORT ASSESSMENT AND REPORT.
(a) In General.--Not later than six months after the date of
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees an assessment and report
on port facilities used for military purposes at ports
designated by the Department of Defense as strategic seaports,
regarding the following:
(1) The structural integrity and deficiencies of the
port facilities and infrastructure improvements needed
directly and indirectly to meet national security and
readiness requirements.
(2) The impact on operational readiness if the
improvements are not undertaken.
(3) Identifying, to the maximum extent practical,
all potential funding sources for the needed
improvements from existing authorities.
(b) Consultation.--The Secretary of Defense shall prepare the
report required by subsection (a) in consultation with the
Maritime Administrator and each of the port facilities used for
military purposes at ports designated by the Department of
Defense as strategic seaports.
----------
69. An Amendment To Be Offered by Representative Young of Alaska or His
Designee, Debatable for 10 Minutes
At the end of title XXXV add the following:
SEC. __. AUTHORIZATION OF APPROPRIATIONS FOR STRATEGIC PORTS
INFRASTRUCTURE.
(a) In General.--There is authorized to be appropriated
$100,000,000 for fiscal year 2012 for infrastructure
improvements to port facilities used for military purposes at
ports designated by the Department of Defense as strategic
seaports. Such sums shall be transferred to the Maritime
Administrator for purposes of administration and making grants,
and shall remain available until expended.
(b) Funding.--Funding for grants under this section shall be
derived from 1 percent of amounts otherwise authorized by this
Act for contingency amounts provided for in contracts for
procurement of goods and services by the Department of Defense,
up to a maximum of $100,000,000.
----------
70. An Amendment To Be Offered by Representative Petri of Wisconsin or
His Designee, Debatable for 10 Minutes
Page 775, line 8, insert ``, including electricity and direct
use'' after ``Solar''.
----------
71. An Amendment To Be Offered by Representative Wilson of South
Carolina or His Designee, Debatable for 10 Minutes
Page 825, after line 2, insert the following:
SEC. 3114. DEFENSE NUCLEAR WASTE DISPOSAL POLICY
(a) In General.--The Secretary of Energy, in coordination
with the Secretary of Defense and the Administrator for Nuclear
Security, shall ensure that high-level radioactive waste
resulting from the activities of the Department of Defense and
the National Nuclear Security Administration shall be stored at
the nuclear waste repository located at Yucca Mountain, Nevada,
until a new location for such waste has been sited and
approved.
(b) Funding Increase and Offsetting Reduction.--
(1) In general.--Notwithstanding the amounts set
forth in the funding tables in division D--
(A) the amount authorized to be appropriated
in this title for Department of Energy national
security programs, as specified in the
corresponding funding table in division D, is
hereby increased by $197,000,000, with the
amount of the increase allocated to Defense
Nuclear Waste Disposal, as set forth in the
table under section 4701, for the purposes of
opening and operating a repository for high-
level defense nuclear waste; and
(B) the amount authorized to be appropriated
in section 301 for operation and maintenance,
as specified in the corresponding funding table
in division D, is hereby reduced by
$197,000,000, with the amount of the reduction
to be derived from Line 090 Environmental
Restoration, Formerly Used Sites as set forth
in the table under section 4301.
(2) Merit-based or competitive decisions.--A decision
to commit, obligate, or expend funds referred to in
paragraph (1)(A) with or to a specific entity shall--
(A) be based on merit-based selection
procedures in accordance with the requirements
of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive
procedures; and
(B) comply with other applicable provisions
of law.
----------
72. An Amendment To Be Offered by Representative Davis of California or
Her Designee, Debatable for 10 Minutes
At the appropriate place in the bill, insert the following:
SEC. ___. MAINTENANCE, REPAIR, AND OVERHAUL CAPABILITY OF NAVY UNMANNED
AERIAL SYSTEMS.
(a) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Navy
shall submit to the congressional defense committees a report
on the efforts being made to establish maintenance, repair, and
overhaul capability for Navy unmanned aerial systems.
----------
73. An Amendment To Be Offered by Representative McKeon of California
or His Designee, Debatable for 10 Minutes
Page 712, line 8, strike ``SIMULATION TRAINING SYSTEMS'' and
insert ``CIVIL SUPPORT TEAM INFORMATION MANAGEMENT SYSTEMS''.
Page 712, line 13, after ``Budget Activity 12'' insert ``,
Line 070, Force Readiness Operations Support''.
Page 712, line 17, strike ``simulation training systems'' and
insert ``Civil Support Team Information Management Systems''.
----------
74. An Amendment To Be Offered by Representative Akin of Missouri or
His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 845. SENSE OF CONGRESS ON LONG-TERM CONTRACTING FOR ALTERNATIVE
FUELS.
It is the sense of Congress that long-term contracting for
alternative fuels is in the best interests of the Department of
Defense and is a wise use of taxpayer resources. Long-term
contracts provide stability for industry, which allows them to
drive the cost down. Long-term contracts also provide some
insulation to the Department of Defense from fuel price
increases. The Department of Defense has asked for the
authority to enter into long-term contracts for alternative
fuels, and it is the sense of Congress that this is a valuable
proposal and should be supported.
----------
75. An Amendment To Be Offered by Representative Braley of Iowa or His
Designee, Debatable for 10 Minutes
Page 594, after line 21, insert the following:
SEC. 1231. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM,
OPERATION ENDURING FREEDOM, AND OPERATION ODYSSEY
DAWN.
(a) Report Requirement.--Not later than 90 days after the
date of the enactment of this Act, the President, with
contributions from the Secretary of Defense, the Secretary of
State, and the Secretary of Veterans Affairs, shall submit to
Congress a report containing an estimate of the long-term costs
of Operation New Dawn and Operation Enduring Freedom for each
the following scenarios:
(1) The scenario in which the number of members of
the Armed Forces deployed in support of Operation New
Dawn and Operation Enduring Freedom is reduced from
roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in
2013, and 30,000 by the beginning of 2014, and remains
at 30,000 through 2020.
(2) The scenario in which the number of members of
the Armed Forces deployed in support of Operation New
Dawn and Operation Enduring Freedom rises to
approximately 235,000 in 2011, is reduced to 230,000 in
2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015,
60,000 in 2016, and remains at 60,000 through 2020.
(3) An alternative scenario, determined by the
President and based on current contingency operation
and withdrawal plans, which takes into account expected
force levels and the expected length of time that
members of the Armed Forces will be deployed in support
of Operation New Dawn and Operation Enduring Freedom.
(b) Estimates To Be Used in Preparation of Report.-- In
preparing the report required by subsection (b), the President
shall make estimates and projections through at least fiscal
year 2020, adjust any dollar amounts appropriately for
inflation, and take into account and specify each of the
following:
(1) The total number of members of the Armed Forces
expected to be deployed in support of Operation New
Dawn, Operation Enduring Freedom, and Operation Odyssey
Dawn, including--
(A) the number of members of the Armed Forces
actually deployed in Southwest Asia in support
of Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn;
(B) the number of members of reserve
components of the Armed Forces called or
ordered to active duty in the United States for
the purpose of training for eventual deployment
in Southwest Asia, backfilling for deployed
troops, or supporting other Department of
Defense missions directly or indirectly related
to Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn; and
(C) the break-down of deployments of members
of the regular and reserve components and
activation of members of the reserve
components.
(2) The number of members of the Armed Forces,
including members of the reserve components, who have
previously served in support of Operation Iraqi
Freedom, Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn and who are
expected to serve multiple deployments.
(3) The number of contractors and private military
security firms that have been used and are expected to
be used during the course of Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn.
(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
Odyssey Dawn.
(6) The current number of pending Department of
Veterans Affairs claims from veterans of military
service in Iraq, Afghanistan, and Libya, and the total
number of such veterans expected to seek disability
compensation from the Department of Veterans Affairs.
(7) The total number of members of the Armed Forces
who have been killed or wounded in Iraq, Afghanistan,
or Libya, including noncombat casualties, the total
number of members expected to suffer injuries in Iraq,
Afghanistan, and Libya, and the total number of members
expected to be killed in Iraq, Afghanistan, and Libya,
including noncombat casualties.
(8) The amount of funds previously appropriated for
the Department of Defense, the Department of State, and
the Department of Veterans Affairs for costs related to
Operation Iraqi Freedom, Operation New Dawn, and
Operation Enduring Freedom, including 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 costs associated
with such operations.
(9) Current and future operational expenditures
associated with Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn including--
(A) funding for combat operations;
(B) deploying, transporting, feeding, and
housing members of the Armed Forces (including
fuel costs);
(C) activation and deployment of members of
the reserve components of the Armed Forces;
(D) equipping and training of Iraqi and
Afghani forces;
(E) purchasing, upgrading, and repairing
weapons, munitions, and other equipment
consumed or used in Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom,
and Operation Odyssey Dawn; and
(F) payments to other countries for
logistical assistance in support of such
operations.
(10) Past, current, and future costs of entering into
contracts with private military security firms and
other contractors for the provision of goods and
services associated with Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn.
(11) Average annual cost for each member of the Armed
Forces deployed in support of Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, and
Operation Odyssey Dawn, 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 calling or ordering
members of the reserve components to active duty in
support of Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn.
(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 members of the Armed Forces
serving in Iraq and Afghanistan.
(16) Current and future cost of providing health care
for veterans who served in support of Operation Iraqi
Freedom, Operation New Dawn, Operation Enduring
Freedom, and Operation Odyssey Dawn--
(A) 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 such service;
and
(B) the cost of lifetime prosthetics care and
treatment for veterans suffering from
amputations as a result of such service.
(17) Current and future cost of providing Department
of Veterans Affairs disability benefits for the
lifetime of veterans who incur disabilities while
serving in support of Operation Iraqi Freedom,
Operation New Dawn, Operation Enduring Freedom, or
Operation Odyssey Dawn.
(18) Current and future cost of providing survivors'
benefits to survivors of members of the Armed Forces
killed while serving in support of Operation Iraqi
Freedom, Operation New Dawn, Operation Enduring
Freedom, or Operation Odyssey Dawn.
(19) Cost of bringing members of the Armed Forces and
equipment back to the United States upon the conclusion
of Operation New Dawn, Operation Enduring Freedom, or
Operation Odyssey Dawn, including the cost of
demobilization, transportation costs (including fuel
costs), providing transition services for members of
the Armed Forces transitioning from active duty to
veteran status, transporting equipment, weapons, and
munitions (including fuel costs), and an estimate of
the value of equipment that will be left behind.
(20) Cost to restore the military and military
equipment, including the equipment of the reserve
components, to full strength after the conclusion of
Operation New Dawn or Operation Enduring Freedom.
(21) Amount of money borrowed to pay for Operation
Iraqi Freedom, Operation New Dawn, Operation Enduring
Freedom, or Operation Odyssey Dawn, and the sources of
that money.
(22) Interest on money borrowed, including interest
for money already borrowed and anticipated interest
payments on future borrowing, for Operation Iraqi
Freedom, Operation New Dawn, Operation Enduring
Freedom, or Operation Odyssey Dawn.
(c) Report Requirement.--Not later than 90 days after the
date of the enactment of this Act, the President, with
contributions from the Secretary of Defense, the Secretary of
State, and the Secretary of Veterans Affairs, shall submit to
Congress a report containing an estimate of the long-term costs
of Operation New Dawn and Operation Enduring Freedom for each
the following scenarios:
(1) The scenario in which the number of members of
the Armed Forces deployed in support of Operation New
Dawn and Operation Enduring Freedom is reduced from
roughly 190,000 in 2011 to 150,000 in 2012, 65,000 in
2013, and 30,000 by the beginning of 2014, and remains
at 30,000 through 2020.
(2) The scenario in which the number of members of
the Armed Forces deployed in support of Operation New
Dawn and Operation Enduring Freedom rises to
approximately 235,000 in 2011, is reduced to 230,000 in
2012, 195,000 in 2013, 135,000 in 2014, 80,000 in 2015,
60,000 in 2016, and remains at 60,000 through 2020.
(3) An alternative scenario, determined by the
President and based on current contingency operation
and withdrawal plans, which takes into account expected
force levels and the expected length of time that
members of the Armed Forces will be deployed in support
of Operation New Dawn and Operation Enduring Freedom.
----------
76. An Amendment To Be Offered by Representative Bishop of Utah or His
Designee, Debatable for 10 Minutes
At the end of subtitle E of title XXVIII, add the following
new section:
SEC. 2852. LAND CONVEYANCE, FORMER DEFENSE DEPOT OGDEN, UTAH.
(a) Conveyance of Residual Interests.--To facilitate the
conveyance of a parcel of real property consisting of
approximately 2.73 acres at the former Defense Depot Ogden,
Utah, from the Weber Basin Disabled Corporation to the Ogden
City Redevelopment Authority (in this section referred to as
the ``Redevelopment Authority''), the Secretary of the Army and
the Secretary of Health and Human Services (in this section
referred to as the ``Secretaries''), may convey, by quit claim
deed, all residual right, title, and interest of the United
States (including reversionary interests) in and to the
property for the purpose of permitting the Redevelopment
Authority to take immediate steps to prevent the further
deterioration of the building on the parcel and subsequently
redevelop the parcel.
(b) Consideration.--As consideration for the conveyance of
residual United States interests in the property described in
subsection (a), the Redevelopment Authority shall pay an amount
equal to the fair market value of the conveyed interests, as
determined by the Secretaries. Amounts received under this
subsection shall be deposited in the Department of Defense Base
Closure Account 2005. The amounts deposited shall be merged
with other amounts in such fund and be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund.
(c) Payment or Costs of Conveyance.--
(1) In general.--The Secretaries shall require the
Redevelopment Authority to cover costs to be incurred
by the Secretaries, or to reimburse the Secretaries for
costs incurred by the Secretaries, to carry out the
conveyance under subsection (a), including costs
related to environmental documentation and other
administrative costs. If amounts are collected from the
Redevelopment Authority in advance of the Secretaries
incurring the actual costs, and the amount collected
exceeds the costs actually incurred by the Secretaries
to carry out the conveyance, the Secretaries shall
refund the excess amount to the Redevelopment
Authority.
(2) Treatment of amounts received.--Amounts received
as reimbursements under paragraph (1) shall be credited
to the fund or account that was used to cover the costs
incurred in carrying out the conveyance. Amounts so
credited shall be merged with amounts in such fund or
account and shall be available for the same purposes,
and subject to the same conditions and limitations, as
amounts in such fund or account.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to
the Secretaries.
(e) Additional Terms and Conditions.--The Secretaries may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretaries
considers appropriate to protect the interests of the United
States.
----------
77. An Amendment To Be Offered by Representative Bishop of Utah or His
Designee, Debatable for 10 Minutes
Page 121, after line 10, insert the following:
SEC. 328. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM CAPITAL
INVESTMENT FOR CERTAIN DEPOTS.
Section 2476 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``maintenance,
repair, and overhaul'' after ``combined'';
(2) in subsection (b), by inserting ``facilities,''
before ``infrastructure'';
(3) in subsection (d), by adding at the end the
following new subparagraph:
``(E) A table showing the funded workload performed
by each covered depot for the preceding three fiscal
years and actual investment funds allocated to each
depot for the period covered by the report.''; and
(4) in subsection (e)(1), by adding at the end the
following new subparagraph:
``(I) Tooele Army Depot, Utah.''.
----------
78. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
Page 531, after line 2, insert the following:
SEC. 1099C. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE REMAINS OF
CERTAIN MEMBERS OF THE ARMED FORCES KILLED IN
THURSTON ISLAND, ANTARCTICA.
Congress makes the following findings:
(1) Commencing August 26, 1946, though late February
1947 the United States Navy Antarctic Developments
Program Task Force 68, codenamed ``Operation Highjump''
initiated and undertook the largest ever-to-this-date
exploration of the Antarctic continent.
(2) The primary mission of the Task Force 68
organized by Rear Admiral Richard E. Byrd Jr. USN,
(Ret) and led by Rear Admiral Richard H. Cruzen, USN,
was to do the following:
(A) Establish the Antarctic research base
Little America IV.
(B) In the defense of the United States of
America from possible hostile aggression from
abroad--to train personnel test equipment,
develop techniques for establishing,
maintaining and utilizing air bases on ice,
with applicability comparable to interior
Greenland, where conditions are similar to
those of the Antarctic.
(C) Map and photograph a full two-thirds of
the Antarctic Continent during the classified,
hazardous duty/volunteer-only operation
involving 4700 sailors, 23 aircraft and 13
ships including the first submarine the U.S.S.
Sennet, and the aircraft carrier the U.S.S.
Philippine Sea, brought to the edge of the ice
pack to launch (6) Navy ski-equipped, rocket-
assisted R4Ds.
(D) Consolidate and extend United States
sovereignty over the largest practicable area
of the Antarctic continent.
(E) Determine the feasibility of
establishing, maintaining and utilizing bases
in the Antarctic and investigating possible
base sites.
(3) While on a hazardous duty/all volunteer mission
vital to the interests of National Security and while
over the eastern Antarctica coastline known as the
Phantom Coast, the PBM-5 Martin Mariner ``Flying Boat''
``George 1'' entered a whiteout over Thurston Island.
As the pilot attempted to climb, the aircraft grazed
the glacier's ridgeline and exploded within 5 seconds
instantly killing Ensign Maxwell Lopez, Navigator and
Wendell ``Bud'' Hendersin, Aviation Machinists Mate 1st
Class while Frederick Williams, Aviation Radioman 1st
Class died several hours later. Six other crewmen
survived including the Captain of the ``George 1's''
seaplane tender U.S.S. Pine Island.
(4) The bodies of the dead were protected from the
desecration of Antarctic scavenging birds (Skuas) by
the surviving crew wrapping the bodies and temporarily
burying the men under the starboard wing engine
nacelle.
(5) Rescue requirements of the ``George-1'' survivors
forced the abandonment of their crewmates' bodies.
(6) Conditions prior to the departure of Task Force
68 precluded a return to the area to the recover the
bodies.
(7) For nearly 60 years Navy promised the families
that they would recover the men: ``If the safety,
logistical, and operational prerequisites allow a
mission in the future, every effort will be made to
bring our sailors home.''.
(8) The Joint POW/MIA Accounting Command twice
offered to recover the bodies of this crew for Navy.
(9) A 2004 NASA ground penetrating radar overflight
commissioned by Navy relocated the crash site three
miles from its crash position.
(10) The Joint POW/MIA Accounting Command offered to
underwrite the cost of an aerial ground penetrating
radar (GPR) survey of the crash site area by NASA.
(11) The Joint POW/MIA Accounting Command studied the
recovery with the recognized recovery authorities and
national scientists and determined that the recovery is
only ``medium risk''.
(12) National Science Foundation and scientists from
the University of Texas, Austin, regularly visit the
island.
(13) The crash site is classified as a ``perishable
site'', meaning a glacier that will calve into the
Bellingshausen Sea.
(14) The National Science Foundation maintains a
presence in area - of the Pine Island Glacier.
(15) The National Science Foundation Director of
Polar Operations will assist and provide assets for the
recovery upon the request of Congress.
(16) The United States Coast Guard is presently
pursuing the recovery of 3 WWII air crewmen from
similar circumstances in Greenland.
(17) On Memorial Day, May 25, 2009, President Barak
Obama declared: ``. . . the support of our veterans
is a sacred trust . . . we need to serve them as they
have served us . . . that means bringing home all our
POWs and MIAs . . .''.
(18) The policies and laws of the United States of
America require that our armed service personnel be
repatriated.
(19) The fullest possible accounting of United States
fallen military personnel means repatriating living
American POWs and MIAs, accounting for, identifying,
and recovering the remains of military personnel who
were killed in the line of duty, or providing
convincing evidence as to why such a repatriation,
accounting, identification, or recovery is not
possible.
(20) It is the responsibility of the Federal
Government to return to the United States for proper
burial and respect all members of the Armed Forces
killed in the line of duty who lie in lost graves.
(b) Sense of Congress.--In light of the findings under
subsection (a), Congress--
(1) reaffirms its support for the recovery and return
to the United States, the remains and bodies of all
members of the Armed Forces killed in the line of duty,
and for the efforts by the Joint POW/MIA Accounting
Command to recover the remains of members of the Armed
Forces from all wars, conflicts and missions;
(2) recognizes the courage and sacrifice of all
members of the Armed Forces who participated in
Operation Highjump and all missions vital to the
national security of the United States of America;
(3) acknowledges the dedicated research and efforts
by the US Geological Survey, the National Science
Foundation, the Joint POW/MIA Accounting Command, the
Fallen American Veterans Foundation and all persons and
organizations to identify, locate, and advocate for,
from their temporary Antarctic grave, the recovery of
the well-preserved frozen bodies of Ensign Maxwell
Lopez, Naval Aviator, Frederick Williams, Aviation
Machinist's Mate 1ST Class, Wendell Hendersin, Aviation
Radioman 1ST Class of the ``George 1'' explosion and
crash; and
(4) encourages the Department of Defense to review
the facts, research and to pursue new efforts to
undertake all feasible efforts to recover, identify,
and return the well-preserved frozen bodies of the
``George 1'' crew from Antarctica's Thurston Island.
----------
79. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. REPORT ON ESTABLISHMENT OF REGISTRY ON OCCUPATIONAL AND
ENVIRONMENTAL CHEMICAL HAZARDS.
(a) Report Required.--Not later than March 31, 2012, the
Secretary of Defense shall submit to the congressional defense
committees a report on establishing an active registry for each
incidence of a member of the Armed Forces being exposed to
occupational and environmental chemical hazards, including
waste disposal, during contingency operations in order to
monitor possible health risks and to provide necessary
treatment to such members.
(b) Matters Included.--The report under subsection (a) shall
include a discussion of each of the following:
(1) Processes in which members of the Armed Forces
may be included in the registry described in subsection
(a).
(2) Procedures to ensure that members eligible to be
included in the registry are provided appropriate
medical examinations.
(3) Using existing medical surveillance systems to
establish the registry.
----------
80. An Amendment To Be Offered by Representative Bishop of New York or
His Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, add the following:
SEC. __. SENSE OF CONGRESS REGARDING THE EFFORTS BY THE DEPARTMENT OF
DEFENSE TO KEEP AMERICA SAFE FROM TERRORIST ATTACKS
SINCE 9/11.
(a) Findings.--Congress makes the following findings:
(1) Since September 11, 2001, at least 30 planned
terrorist attacks have been foiled and Special
Operation forces completed the mission to kill Osama
bin Laden.
(2) The Department of Defense and the Armed Services
have worked diligently and honorably to protect
citizens at home and abroad.
(3) The Department of Defense and the Armed Services
are meeting the challenges of the global struggle
against terrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) we continue to affirm our commitment to support
the Department of Defense and the United States Armed
Forces;
(2) we recognize that the Department of Defense and
the United States Armed Forces have worked diligently
and honorably to protect citizens of the United States
at home and abroad;
(3) we recognize that the Department of Defense and
the United States Armed Forces are meeting the
challenges of the global struggle against terrorism;
(4) we commend the men and women of the Department of
Defense and the United States Armed Forces for the
tremendous commitment to keeping our country safe; and
(5) we honor the Department of Defense and the United
States Armed Forces for their success in preventing
terrorist attacks on U.S. soil and around the world
since 9/11.
----------
81. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
Page 377, after line 7, insert the following:
SEC. 845. REPORTS ON USE OF INDEMNIFICATION AGREEMENTS.
(a) In General.--Chapter 137 of title 10, United States Code,
is amended by adding at the end the following:
``Sec. 2335. Reports on use of indemnification agreements
``(a) In General.--Beginning October 1, 2011, not later than
90 days after the date on which any action described in
subsection (b)(1) occurs, the Secretary of Defense shall submit
to the congressional defense committees and the Committees on
the Budget of the House of Representatives and the Senate a
report on such action.
``(b) Action Described.--(1) An action described in this
paragraph is the Secretary of Defense--
``(A) entering into a contract that includes an
indemnification agreement; or
``(B) modifying an existing indemnification agreement
in any contract.
``(2) Paragraph (1) shall not apply to any contract awarded
in accordance with--
``(A) section 2354 of this title; or
``(B) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.).
``(c) Matters Included.--For each contract covered in a
report under subsection (a), the report shall include--
``(1) the name of the contractor;
``(2) the actual cost or estimated potential cost
involved;
``(3) a description of the items, property, or
services for which the contract is awarded; and
``(4) a justification of the contract including the
indemnification agreement.
``(d) National Security.--The Secretary may omit any
information in a report under subsection (a) if the Secretary--
``(1) determines that the disclosure of such
information is not in the national security interests
of the United States; and
``(2) includes in the report a justification of the
determination made under paragraph (1).''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``2335. Reports on use of indemnification agreements.''.
____________________________________________________
82. An Amendment To Be Offered by Representative Blumenauer of Oregon
or His Designee, Debatable for 10 Minutes
Page 132, after line 10, insert the following new section:
SEC. 346. ADDITIONAL MATTERS FOR INCLUSION IN ANNUAL REPORT ON
OPERATIONAL ENERGY.
Section 2529(b)(2) of title 10, United States Code, is
amended--
(1) by redesignating subparagraph (E) as subparagraph
(F); and
(2) by adding at the end the following new
subparagraph:
``(E) An evaluation of practices used in contingency
operations during the previous fiscal year and
potential improvements to such practices to reduce
vulnerabilities associated with fuel convoys, including
improvements in tent and structure efficiency,
improvements in generator efficiency, and displacement
of liquid fuels with on-site renewable energy
generation. Such evaluation should identify challenges
associated with the deployment of more efficient
structures and equipment and renewable energy
generation, and recommendations for overcoming such
challenges.''.
----------
83. An Amendment To Be Offered by Representative Boren of Oklahoma or
His Designee, Debatable for 10 Minutes
Page 270, after line 4, insert the following:
SEC. 598. PROHIBITION ON THE UNAUTHORIZED USE OF NAMES AND IMAGES OF
MEMBERS OF THE ARMED FORCES.
(a) Prohibition.--Chapter 49 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 988. Unauthorized use of names and images of members of the
armed forces
``(a) Prohibition.--Except with the permission of the
individual or individuals designated under subsection (d), no
person may knowingly use the name or image of a protected
individual in connection with any merchandise, retail product,
impersonation, solicitation, or commercial activity in a manner
reasonably calculated to connect the protected individual with
that individual's service in the armed forces.
``(b) Authority to Enjoin Violations.--Whenever it appears to
the Attorney General that any person is engaged or is about to
engage in an act or practice which constitutes or will
constitute conduct prohibited by subsection (a), the Attorney
General may initiate a civil proceeding in a district court of
the United States to enjoin such act or practice. Such court
shall proceed as soon as practicable to the hearing and
determination of such action and may, at any time before final
determination, enter such restraining orders or prohibitions,
or take such other actions as is warranted, to prevent injury
to the United States or to any person or class of persons for
whose protection the action is brought.
``(c) Protected Individual.--For purposes of this section, a
protected individual is any person who--
``(1) is a member of the armed forces; or
``(2) was a member of the armed forces at any time
after April 5, 1917, and, if not living, has a
surviving spouse, child, parent, grandparent, or
sibling.
``(d) Designated Individual or Individuals.--(1) The
individual or individuals designated under this subsection,
with respect to a protected individual--
``(A) is the protected individual, if living; and
``(B) otherwise is the living survivor or survivors
of the protected individual highest on the following
list:
``(i) The surviving spouse.
``(ii) The children.
``(iii) The parents.
``(iv) The grandparents.
``(v) The siblings.
``(2) In the case of a protected individual for whom more
than one individual is designated under clause (ii), (iii),
(iv), or (v) of paragraph (1)(B), the prohibition under
subsection (a) shall apply unless permission is obtained from
each designated individual.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``988. Unauthorized use of names and images of members of the armed
forces.''.
____________________________________________________
84. An Amendment To Be Offered by Representative Boswell of Iowa or His
Designee, Debatable for 10 Minutes
Page 113, after line 17, insert the following:
(g) Sense of Congress.--It is the sense of Congress that
favorable consideration of energy-efficient or energy reduction
technologies or processes under this section should include a
focus on alternative, self-sufficient energy sources that
reduce costs in the long term.
----------
85. An Amendment To Be Offered by Representative Boustany Jr., of
Louisiana or His Designee, Debatable for 10 Minutes
Page 507, after line 2, insert the following:
SEC. 1078. IMPLEMENTATION PLAN FOR WHOLE-OF-GOVERNMENT VISION
PRESCRIBED IN THE NATIONAL SECURITY STRATEGY.
(a) Implementation Plan.--Not later than 270 days after the
date of the enactment of this Act, the President shall submit
to the appropriate congressional committees an implementation
plan for achieving the whole-of-government integration vision
prescribed in the President's National Security Strategy of May
2010. The implementation plan shall include--
(1) a description of ongoing and future actions
planned to be taken by the President and the Executive
agencies to implement organizational changes, programs,
and any other efforts to achieve each component of the
whole-of-government vision prescribed in the National
Security Strategy;
(2) a timeline for specific actions taken and planned
to be taken by the President and the Executive agencies
to implement each component of the whole-of-government
vision prescribed in the National Security Strategy;
(3) an outline of specific actions desired or
required by Congress to achieve each component of the
whole-of-government vision prescribed in the National
Security Strategy, including suggested timing and
sequencing of actions proposed for Congress and the
Executive agencies;
(4) any progress made and challenges or obstacles
encountered in implementing each component of the
whole-of-government vision prescribed in the National
Security Strategy; and
(5) such other information as the President
determines is necessary to understand progress in
implementing each component of the whole-of-government
vision prescribed in the National Security Strategy.
(b) Annual Updates.--Not later than December 1 of each
subsequent year, the President shall submit to the appropriate
congressional committees an update of the implementation plan
required under subsection (a). Each such update shall include
an explanation of--
(1) progress made in achieving each organizational
goal; and
(2) modifications necessary to the implementation
plan.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations,
Select Committee on Intelligence, Committee on
Homeland Security and Government Affairs,
Committee on the Budget, Committee on the
Judiciary, and Committee on Appropriations in
the Senate; and
(C) the Committee on Foreign Affairs,
Permanent Select Committee on Intelligence,
Committee on Homeland Security, Committee on
the Budget, Committee on the Judiciary,
Committee on Oversight and Government Reform,
and Committee on Appropriations in the House of
Representatives.
(2) The term ``Executive agency'' has the meaning
given that term by section 105 of title 5, United
States Code.
----------
86. An Amendment To Be Offered by Representative Carnahan of Missouri
or His Designee, Debatable for 10 Minutes
Page 612, after line 11, insert the following:
(c) Limitation.--Notwithstanding any other provision of this
section, 25 percent of the funds made available to the
Department of Defense for the Afghanistan Security Forces Fund
for fiscal year 2012 may not be used to carry out contracts
unless the Secretary of Defense certifies to Congress that the
Department of Defense has sufficient management and oversight
mechanisms on such contracts.
----------
87. An Amendment To Be Offered by Representative Coffman of Colorado or
His Designee, Debatable for 10 Minutes
At the end of subtitle G of title X, add the following new
section:
SEC. 1078. REPORT ON A DEPARTMENT OF DEFENSE RECYCLING PROGRAM FOR RARE
EARTH MATERIALS.
(a) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall prepare and submit to the congressional defense
committees a report on the feasibility and desirability of
recycling, recovering, and reprocessing rare earth elements,
including fluorescent lighting in Department of Defense
facilities and neodymium iron boron magnets used in weapon
systems and commercial off-the-shelf items such as computer
hard drives.
(b) Report.--The report required in subsection (a) shall
contain, at minimum, the following information:
(1) Amount and form of certain materials.--The amount
and form of fluorescent lighting materials containing
rare earth phosphors, such as terbium, europium, and
yttrium, and the amount of neodymium iron boron magnets
containing neodymium and dysprosium, currently being
disposed of by or on behalf of the Department of
Defense.
(2) Estimate of amounts.--An estimate of the amount
of rare earth phosphors contained in such lighting
materials and rare earth metal, alloy, and magnet
material that is potentially available for recycling
but is not currently recovered, using data from the
most recent year for which a reasonable estimate can be
made.
(3) Feasibility of recovery.--The feasibility and
desirability of recovering such rare earth phosphors
and magnet materials and making this material available
for reprocessing back into separated rare earth
elements or reused as rare earth magnet materials by
private-sector entities.
(c) Definition.--For purposes of this section, the term
``rare earth'' means any of the following chemical elements in
any of their physical forms or chemical combinations:
(1) Scandium.
(2) Yttrium.
(3) Lanthanum.
(4) Cerium.
(5) Praseodymium.
(6) Neodymium.
(7) Promethium.
(8) Samarium.
(9) Europium.
(10) Gadolinium.
(11) Terbium.
(12) Dysprosium.
(13) Holmium.
(14) Erbium.
(15) Thulium.
(16) Ytterbium.
(17) Lutetium.
----------
88. An Amendment To Be Offered by Representative Coffman of Colorado or
His Designee, Debatable for 10 Minutes
Page 203, after line 12, insert the following:
SEC. 547. REPORT ON TUITION ASSISTANCE PROGRAM FOR OFF-DUTY TRAINING OR
EDUCATION.
Not later than 270 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on methods to increase the efficiency
of the tuition assistance program under section 2007 of title
10, United States Code. Such report shall include--
(1) a description of the effect of the program on
recruiting and retention within the Armed Forces;
(2) an analysis of other programs that provide
benefits similar to those provided through the program,
including the use of educational assistance programs
under chapters 30 and 33 of title 38, United States
Code, for education and training pursued by members of
the Armed Forces serving on active duty while they are
off-duty; and
(3) a description of the effects of modifying the
program to require members of the Armed Forces
participating in the program to pay for 25 percent of
their education expenses and the Secretary concerned to
pay the remaining 75 percent of such expenses.
----------
89. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
In the table in section 2101(a), relating to Authorized Army
Construction and Land Acquisition Projects, strike the amount
in the item relating to Fort Belvoir, Virginia, and insert
``$327,000,000''.
----------
90. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title XXVIII add the following
new section:
SEC. 2864. REPORT ON THE HOMEOWNERS ASSISTANCE PROGRAM.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Defense shall submit to Congress a report
on the Homeowners Assistance Program under the Demonstration
Cities and Metropolitan Development Act of 1966 (42 U.S.C.
3374). The report shall include the following:
(1) The estimated cost if eligibility were expanded
to include permanent change of station applicants who
purchased a home after July 1, 2006, and before July 1,
2008.
(2) The estimated cost if eligibility were expanded
to include members of the Armed Forces under paragraph
(1) and permanent change of station applicants who
received permanent change of station orders after
September 30, 2010, and before September 30, 2011.
(3) The estimated number of members of the Armed
Forces who received permanent change of station orders
after September 30, 2010, and before September 30,
2011, and who suffered a decline of at least 10 percent
in home value from the date of purchase to the date of
sale.
----------
91. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 8__. ACQUISITION WORKFORCE IMPROVEMENTS.
(a) Workforce Improvements.--Section 1704(b) of title 41,
United States Code, is amended--
(1) by inserting after the first sentence the
following: ``The Associate Administrator shall be
chosen on the basis of demonstrated knowledge and
expertise in acquisition, human capital, and
management.'';
(2) by striking ``The Associate Administrator for
Acquisition Workforce Programs shall be located in the
Federal Acquisition Institute (or its successor).'' and
inserting ``The Associate Administrator shall be
located in the Office of Federal Procurement Policy.'';
(3) in paragraph (4), by striking ``; and'' and
inserting a semicolon;
(4) by redesignating paragraph (5) as paragraph (6);
and
(5) by inserting after paragraph (4) the following
new paragraph:
``(5) implementing workforce programs under
subsections (f) through (k) of section 1703 of this
title; and''.
(b) Federal Acquisition Institute.--
(1) In general.--Division B of title 41, United
States Code, is amended by inserting after chapter 11
the following new chapter:
``CHAPTER 12--FEDERAL ACQUISITION INSTITUTE
``Sec.
``1201. Federal Acquisition Institute.
``Sec. 1201. Federal Acquisition Institute
``(a) In General.--There is established a Federal Acquisition
Institute (FAI) in order to--
``(1) foster and promote the development of a
professional acquisition workforce Government-wide;
``(2) promote and coordinate Government-wide research
and studies to improve the procurement process and the
laws, policies, methods, regulations, procedures, and
forms relating to acquisition by the executive
agencies;
``(3) collect data and analyze acquisition workforce
data from the Office of Personnel Management, the heads
of executive agencies, and, through periodic surveys,
from individual employees;
``(4) periodically analyze acquisition career fields
to identify critical competencies, duties, tasks, and
related academic prerequisites, skills, and knowledge;
``(5) coordinate and assist agencies in identifying
and recruiting highly qualified candidates for
acquisition fields;
``(6) develop instructional materials for acquisition
personnel in coordination with private and public
acquisition colleges and training facilities;
``(7) evaluate the effectiveness of training and
career development programs for acquisition personnel;
``(8) promote the establishment and utilization of
academic programs by colleges and universities in
acquisition fields;
``(9) facilitate, to the extent requested by
agencies, interagency intern and training programs; and
``(10) perform other career management or research
functions as directed by the Administrator.
``(b) Budget Resources and Authority.--
``(1) In general.--The Director of the Office of
Management and Budget and the Administrator of General
Services shall provide the Federal Acquisition
Institute with the necessary budget resources and
authority to support government-wide training standards
and certification requirements necessary to enhance the
mobility and career opportunities of the Federal
acquisition workforce.
``(2) Acquisition workforce training fund.--Subject
to the availability of funds, the Administer of General
Services shall provide the Federal Acquisition
Institute with amounts from the acquisition workforce
training fund established under section 1703(i) of this
title sufficient to meet the annual budget for the
Federal Acquisition Institute requested by the
Administrator for Federal Procurement Policy.
``(c) Federal Acquisition Institute Board of Directors.--
``(1) Reporting to administrator.--The Federal
Acquisition Institute shall report through its Board of
Directors directly to the Administrator for Federal
Procurement Policy.
``(2) Composition.--The Board shall be composed of
not more than 8 individuals from the Federal Government
representing a mix of acquisition functional areas, all
of whom shall be appointed by the Administrator.
``(3) Duties.--The Board shall provide general
direction to the Federal Acquisition Institute to
ensure that the Institute--
``(A) meets its statutory requirements;
``(B) meets the needs of the Federal
acquisition workforce;
``(C) implements appropriate programs;
``(D) coordinates with appropriate
organizations and groups that have an impact on
the Federal acquisition workforce;
``(E) develops and implements plans to meet
future challenges of the Federal acquisition
workforce; and
``(F) works closely with the Defense
Acquisition University.
``(4) Recommendations.--The Board shall make
recommendations to the Administrator regarding the
development and execution of the annual budget of the
Federal Acquisition Institute.
``(d) Director.--The Director of the Federal Acquisition
Institute shall be appointed by, and report directly to, the
Administrator.
``(e) Annual Report.--The Administrator shall submit 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 an annual report
on the projected budget needs and expense plans of the Federal
Acquisition Institute to fulfill its mandate.''.
(2) Conforming amendment.--Section 1122(a)(5) of such
title is amended to read as follows:
``(5) providing for and directing the activities of
the Federal Acquisition Institute established under
section 1201 of this title, including recommending to
the Administrator of General Services a sufficient
budget for such activities.''.
(c) Government-Wide Training Standards and Certification.--
Section 1703 of title 41, United States Code, is amended--
(1) in subsection (c)(2)--
(A) by striking ``The Administrator shall''
and inserting the following:
``(A) In general.--The Administrator shall'';
and
(B) by adding at the end the following:
``(B) Government-wide training standards and
certification.--The Administrator, acting
through the Federal Acquisition Institute,
shall provide and update government-wide
training standards and certification
requirements, including--
``(i) developing and modifying
acquisition certification programs;
``(ii) ensuring quality assurance for
agency implementation of government-
wide training and certification
standards;
``(iii) analyzing the acquisition
training curriculum to ascertain if all
certification competencies are covered
or if adjustments are necessary;
``(iv) developing career path
information for certified professionals
to encourage retention in government
positions;
``(v) coordinating with the Office of
Personnel Management for human capital
efforts; and
``(vi) managing rotation assignments
to support opportunities to apply
skills included in certification.'';
and
(2) by adding at the end the following new
subsection:
``(l) Acquisition Internship and Training Programs.--All
Federal civilian agency acquisition internship or acquisition
training programs shall follow guidelines provided by the
Office of Federal Procurement Policy to ensure consistent
training standards necessary to develop uniform core
competencies throughout the Federal Government.''.
(d) Expanded Scope of Acquisition Workforce Training Fund.--
Section 1703(i) of such title is amended--
(1) in paragraph (2), by striking ``to support the
training of the acquisition workforce of the executive
agencies'' and inserting ``to support the activities
set forth in section 1201(a) of this title''; and
(2) in paragraph (6), by striking ``ensure that
amounts collected for training under this subsection
are not used for a purpose other than the purpose
specified in paragraph (2)'' and inserting ``ensure
that amounts collected under this section are not used
for a purpose other than the activities set forth in
section 1201(a) of this title''.
(e) Rule of Construction.--Nothing in this section, or the
amendments made by this section, shall be construed to preclude
the Secretary of Defense from establishing acquisition
workforce policies, procedures, training standards, and
certification requirements for acquisition positions in the
Department of Defense, as provided in chapter 87 of title 10,
United States Code.
----------
92. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
At the end of title XI, add the following new section:
SEC. 11__. 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 Office of Personnel Management
shall make publicly available on the Internet--
``(A) the name and contact information of the
internship coordinator for each agency; and
``(B) information regarding application
procedures and deadlines for each 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, and
administer a survey (which shall be in conformance with such
guidelines or requirements as the Office shall establish to
ensure uniformity across agencies), with each intern who
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 who 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
and surveys administered by such agency with
respect to interns upon their completion of an
internship program at such agency.
``(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);
``(B) the Student Educational Employment
Program (hereinafter `SCEP'), as established
under section 213.3202 of title 5 of the Code
of Federal Regulations (as in effect on January
1, 2009); and
``(C) a program operated by a nongovernment
organization for the purpose of providing paid
internships in agencies pursuant to a written
agreement comparable to an SCEP agreement under
section 213.3202(b)(12) of title 5 of the Code
of Federal Regulations (as in effect on January
1, 2009);
``(2) the term `intern' means an individual
participating in an internship program; and
``(3) the term `agency' means an Executive agency.''.
(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.''.
____________________________________________________
93. An Amendment To Be Offered by Representative Connolly of Virginia
or His Designee, Debatable for 10 Minutes
Page 46, after line 8, insert the following:
SEC. 147. PROCUREMENT OF TENTS OR OTHER TEMPORARY STRUCTURES.
(a) In General.--In procuring tents or other temporary
structures for use by the Armed Forces, and in establishing or
maintaining an alternative source for such tents and
structures, the Secretary of Defense shall award contracts that
provide the best value to the United States. In determining the
best value to the United States under this section, the
Secretary shall consider the total life-cycle costs of such
tents or structures, including the costs associated with any
equipment or fuel needed to heat or cool such tents or
structures.
(b) Interagency Procurement.--The requirements of this
section shall apply to any agency or department of the United
States that procures tents or other temporary structures on
behalf of the Department of Defense.
----------
94. An Amendment To Be Offered by Representative Carson of Indiana or
His Designee, Debatable for 10 Minutes
At the end of subtitle H 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, at the discretion of the member and 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''.
----------
95. An Amendment To Be Offered by Representative Courtney of
Connecticut or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 547. TROOPS-TO-TEACHERS PROGRAM.
(a) Transfer of Functions.--The responsibility and authority
for operation and administration of the Troops-to-Teachers
Program is transferred from the Secretary of Education to the
Secretary of Defense.
(b) Enactment and Modification 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 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) 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).
``(3) Additional terms.--The terms `elementary
school', `highly qualified teacher', `local educational
agency', `secondary school', and `State' have the
meanings given those terms in section 9101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
``(b) Program Authorization.--The Secretary of Defense 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 (c) 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. 6311 et seq.) as a result of
having within their jurisdictions
concentrations of children from low-
income families;
``(ii) experiencing a shortage of
highly qualified teachers, in
particular a shortage of science,
mathematics, special education, or
vocational or technical teachers; or
``(iii) a Bureau-funded school (as
such term is defined in section 1141 of
the Education Amendments of 1978 (25
U.S.C. 2021)); and
``(B) in elementary schools or secondary
schools, or as vocational or technical
teachers.
``(c) 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 the date of the
enactment of the National Defense
Authorization Act for Fiscal Year 2011,
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) transfers to the Retired
Reserve.
``(B) Any member who, on or after the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2011--
``(i)(I) is separated or released
from active duty after 4 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,
10 years of service computed under
section 12732 of this title, or 10
years of any combination of such
service; and
``(ii) executes a reserve commitment
agreement for a period of not less than
3 years under paragraph (5)(B).
``(C) Any member who, on or after the date of
the enactment of the National Defense
Authorization Act for Fiscal Year 2011, is
retired or separated for physical disability
under chapter 61 of this title.
``(2) Submittal 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. An application shall be in
such form and contain such information as the Secretary
may require.
``(B) An application may 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 2 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 3 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 (d)
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 (d)
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 3 years (in addition to any other reserve
commitment the member may have).
``(d) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible
member of the armed forces selected to participate in
the Program under subsection (c) 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 local educational agency
receiving grants under part A of title I of the
Elementary and Secondary Education Act of 1965
(20 U.S.C.6311 et seq.), a Bureau-funded school
(as such term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 11
2021)), or a public charter school.
``(B) The Secretary may waive the three-year
commitment described in subparagraph (A)(ii) for a
participant if the Secretary determines the 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 (e), 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 3 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 such other criteria as 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 3 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.).
``(e) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the
Program who is paid a stipend or bonus under subsection
(d) 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 (d)(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 3 years of required service in
violation of the participation agreement.
``(C) The participant executed a written
agreement with the Secretary concerned under
subsection (c)(5)(B) to serve as a member of a
reserve component of the armed forces for a
period of 3 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 (d)
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.
``(f) Relationship to Educational Assistance Under Montgomery
GI Bill.--The receipt by a participant in the Program of a
stipend or bonus under this subsection (d) 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.
``(g) 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 chapter 58 of such title is amended by
adding at the end the following new item:
``1154. Assistance to eligible members to obtain employment as teachers:
Troops-to-Teachers Program.''.
(3) 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''.
(4) Termination of original program.--
(A) Termination.--
(i) 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.
(ii) 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
such Act.
(B) 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.
(c) Advisory Board.--
(1) Establishment.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of
Education, shall establish an Advisory Board composed
of--
(A) a representative from the Defense
Activity for Non-Traditional Education Support
Division of the Department of Defense;
(B) a representative from the Department of
Innovation and Improvement of the Department of
Education;
(C) a representatives from three State
offices that operate to recruit eligible
members of the Armed Forces for participation
in the Troops-to-Teachers 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 three
veteran service organizations.
(2) Duties.--The Advisory Board established under
this subsection shall--
(A) collect, consider, and disseminate
feedback from participants and State offices
described in paragraph (1)(C) 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
Troops-to-Teachers 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 one year after the date of
the enactment of this Act, and annually
thereafter, prepare and submit a report to the
appropriate committees of Congress, which shall
include--
(i) information with respect to the
activities of the Advisory Board;
(ii) information with respect to the
Troops-to-Teachers 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 the Program;
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 its purposes.
(d) Definitions.--In this section
(1) The term ``appropriate committees of Congress''
means--
(A) the Committees on Armed Services and
Health, Education, Labor, and Pensions of the
Senate; and
(B) the Committees on Armed Services and
Education and Labor of the House of
Representatives.
(2) The term ``Troops-to-Teachers Program'' means the
Troops-to-Teachers Program under section 1154 of title
10, United States Code (as added by subsection (b)), as
authorized before October 1, 2011, by 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.).
(e) Effective Date.--Subsection (a) and the amendments made
by subsection (b) shall take effect on October 1, 2011.
----------
96. An Amendment To Be Offered by Representative Davis of California or
Her Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. FREQUENCY OF REPORTS ON CONTINUED VIABILITY OF TRICARE
STANDARD AND TRICARE EXTRA.
Section 711(b)(2) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1073 note)
is amended in the matter preceding subparagraph (A) by striking
``bi-annual'' and inserting ``biennial''.
----------
97. An Amendment To Be Offered by Representative Dent of Pennsylvania
or His Designee, Debatable for 10 Minutes
Page 46, after line 18, insert the following:
SEC. 147. STUDY ON DOMESTIC CAPACITY FOR MANUFACTURE OF SHIP SHAFTS AND
OTHER FORGED COMPONENTS.
The Secretary of Defense shall conduct a study to measure the
domestic capacity in accordance with the Defense Acquisition
Regulations System to manufacture ship shafts and other forged
components used by surface and sub-surface vessels of the Navy.
----------
98. An Amendment To Be Offered by Representative DeLauro of Connecticut
or Her Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII of division A of the
bill, add the following:
SEC. 12XX. PROHIBITION ON PROCUREMENTS FROM COMMUNIST CHINESE MILITARY
COMPANIES.
(a) Waiver Authorized.--Subsection (c) of section 1211 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3461; 10 U.S.C. 2302 note) is amended to
read as follows:
``(c) Waiver Authorized.--The Secretary of Defense may waive
the limitation on procurement of a good or service under
subsection (a) if the good or service is critical to the needs
of the Department of Defense and is otherwise unavailable to
the Department of Defense and the Secretary submits to the
congressional defense committees a report described in
subsection (d) not less than 15 days before issuing the waiver
under this subsection.''.
(b) Report.--Such section is amended--
(1) by redesignating subsection (d) as subsection
(e); and
(2) by inserting after subsection (c) the following:
``(d) Report.--The report referred to in subsection (c) is a
report that identifies the specific reasons for the waiver
issued under subsection (c) and includes recommendations as to
what actions may be taken to develop alternative sourcing
capabilities in the future.''.
(c) Definition of Communist Chinese Military Company.--
Subsection (e) of such section, as redesignated by subsection
(b)(1) of this section, is amended by striking paragraph (1)
and inserting the following:
``(1) The term `Communist Chinese military company'
means--
``(A) any person identified in the Defense
Intelligence Agency publication numbered VP-
1920-271-90, dated September 1990, or PC-1921-
57-95, dated October 1995, and any update of
those publications for the purposes of this
section; and
``(B) any other person that--
``(i) is owned or controlled by,
directed by or from, operating with
delegated authority from, or affiliated
with, the People's Liberation Army or
the government of the People's Republic
of China or that is owned or controlled
by an entity affiliated with the
defense industrial base of the People's
Republic of China; and
``(ii) is engaged in providing
commercial services, manufacturing,
producing, or exporting.''.
(d) Effective Date.--The amendments made by this section take
effect on the date of the enactment of this Act and apply with
respect to contracts and subcontracts of the Department of
Defense entered into on or after the date of the enactment of
this Act.
----------
99. An Amendment To Be Offered by Representative Donnelly of Indiana or
His Designee, Debatable for 10 Minutes
Page 364, after line 2, insert the following:
SEC. 825. QUALITY ASSURANCE SURVEILLANCE PLAN FOR SECURITY CONTRACTORS
OPERATING IN AFGHANISTAN AND IN SUPPORT OF OTHER
CONTINGENCY OPERATIONS.
(a) In General.--The Secretary of Defense shall establish a
plan to be known as a ``Quality Assurance Surveillance Plan''
setting standards that must be incorporated in Department of
Defense oversight plans governing all security contractors
operating in Afghanistan, and other future contingency
operations, under a contract or subcontract funded by the
Department of Defense. The Secretary shall designate a single
appropriate official stationed in the country of operations to
review each security contract or subcontract involving security
contractors funded by the Department of Defense for compliance
with the Quality Assurance Surveillance Plan. Such official
shall certify that the official has reviewed the oversight plan
for that contract, that the oversight plan is appropriate for
that contract, that there is an appropriate number of
appropriately trained personnel available to oversee that
contract, and confirm that any and all licenses and permits
required by the security contractor and its employees have been
reviewed and verified as current and authentic.
(b) Deadline for Implementation.--These requirements under
subsection (a) shall be implemented by not later than six
months after the date of enactment of this Act.
(c) Comptroller General Assessment.--The Comptroller General
of the United States shall conduct an assessment the Department
of Defense's compliance with this section and, not later than 6
months after the requirements of this section are implemented
pursuant to subsection (b), shall submit to Congress a report
on such assessment.
----------
100. An Amendment To Be Offered by Representative Edwards of Maryland
or Her Designee, Debatable for 10 Minutes
Page 762, line 3, strike ``and'' and insert the following:
``(3) analyzes the impact of the action on local
businesses, neighborhoods, and local governments;
and''.
Page 762, line 4, strike ``(3)'' and insert ``(4)''.
----------
101. An Amendment To Be Offered by Representative Ellison of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of division A of the
bill, add the following:
SEC. 12XX. REPORT ON UNITED STATES MILITARY STRATEGY IN AFGHANISTAN IN
LIGHT OF THE DEATH OF OSAMA BIN LADEN.
(a) Report Required.--Not later than 60 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
United States military strategy in Afghanistan, including the
extent to which the strategy has changed or is anticipated to
change in light of the death of Osama bin Laden.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex if necessary.
----------
102. An Amendment To Be Offered by Representative Flake of Arizona or
His Designee, Debatable for 10 Minutes
At the end of title X, add the following new section:
SEC. 1099C. REQUIREMENT THAT WRITTEN COMMUNICATIONS FROM CONGRESS BE
MADE PUBLIC BY DEPARTMENT OF DEFENSE.
Any written communication from Congress, including a
committee of the Senate or the House of Representatives, a
member of Congress, an officer of Congress, or a congressional
staff member, recommending that funds be committed, obligated,
or expended on any project within a program element set forth
in the funding tables in division D of this Act shall be made
publicly available on the Internet by the receiving entity of
the Department of Defense, not later than 30 days after receipt
of such communication.
----------
103. An Amendment To Be Offered by Representative Flake of Arizona or
His Designee, Debatable for 10 Minutes
Page 708, after line 12, insert the following:
SEC. 1699F-1. REPORTS ON INCREASED BUDGET ITEMS.
(a) Reports.--
(1) In general.--For each program described in
subsection (b), the Secretary of Defense shall submit
to the congressional defense committees a report
containing--
(A) a justification of the use of the total
amount appropriated for the program for fiscal
year 2012; and
(B) the process by which such amounts were
awarded.
(2) Submission.--The Secretary shall submit each
report under paragraph (1) by not later than the date
that is 180 days after the date on which the funds for
the program for fiscal year 2012 have been allocated.
(b) Program Described.--A program described in this
subsection is a program element funded--
(1) with amounts authorized to be appropriated by
section 201; and
(2) in an amount that is more than the amount
requested by the President in the budget submitted to
Congress under section 1105 of title 31, United States
Code, for fiscal year 2012.
----------
104. An Amendment To Be Offered by Representative Franks of Arizona or
His Designee, Debatable for 10 Minutes
At the end of title XXVIII, add the following new section:
SEC. 28__. TRANSFER OF THE AIR FORCE MEMORIAL TO THE DEPARTMENT OF THE
AIR FORCE.
(a) Transfer of Memorial to Secretary of the Air Force.--
Administrative jurisdiction, custody, and control of the Air
Force Memorial (as defined in section 9784(d) of title 10,
United States Code, as added by subsection (b)) is hereby
transferred to the Secretary of the Air Force.
(b) Operation, Maintenance, and Management of Memorial.--
(1) Authority of secretary of the air force.--Chapter
949 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 9784. Air Force Memorial
``(a) Responsibility.--The Secretary of the Air Force has
jurisdiction, custody, and control of the Air Force Memorial
and is responsible for the operation, maintenance, and
management of the Memorial.
``(b) Cooperative Agreement for Operation and Maintenance of
the Memorial.--The Secretary of the Air Force may enter into a
cooperative agreement with the Air Force Memorial Foundation or
any other suitable entity to assist with the operation and
maintenance of the Air Force Memorial.
``(c) Disposition of Contributions.--Any contribution made
for the purpose of assisting in the operation and maintenance
of the Air Force Memorial that is deposited into the Department
of the Air Force General Gift Fund pursuant to section 2601 of
this title shall be available only for the purpose of the
operation and maintenance of the Air Force Memorial.
``(d) Definition.--In this section, the term `Air Force
Memorial' means the memorial established pursuant to Public Law
103-163 to honor the men and women who have served in the
United States Air Force and its predecessor organizations and
that area of land occupied by that memorial, along with any
facilities constructed thereon, and consisting of approximately
three acres in Arlington, Virginia, made available by the
Secretary of Defense for use as the location of the Air Force
Memorial pursuant to section 2863(b)(1) of the Military
Construction Authorization Act for Fiscal Year 2002 (division B
of Public Law 107-107; 115 Stat. 1330).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``9784. Air Force Memorial.''.
(c) Repeal.--Section 2872 of the Military Construction
Authorization Act for Fiscal Year 2008 (division B of Public
Law 110-181; 122 Stat. 562) is repealed.
----------
105. An Amendment To Be Offered by Representative Garamendi of
California or His Designee, Debatable for 10 Minutes
Page 835, after line 10, insert the following:
SEC. 3125. NATIONAL ACADEMY OF SCIENCES REVIEW OF NUCLEAR WASTE
REPROCESSING AND NUCLEAR REACTOR TECHNOLOGY.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Administrator for Nuclear Security
shall enter into an agreement with the National Academy of
Sciences to conduct a study on waste reprocessing and
Generation IV nuclear reactor technology.
(b) Elements.--The study required under subsection (a) shall
include--
(1) a review of previous studies related to the
subject of nuclear waste reprocessing as a point of
reference;
(2) a determination of the feasibility of using
nuclear reactor technology, particularly proven
Generation IV nuclear reactor technology, created at
the national labs at a site charged with meeting
international agreements to dispose or decommission
nuclear weapons which has substantial legacy waste in
order to reprocess and reuse the materials in a
proliferation-resistant process that will generate
electricity;
(3) a determination of the resulting waste streams;
(4) an analysis of the nuclear proliferation risks,
including effects on the nuclear nonproliferation
efforts of the United States;
(5) a comparison to nuclear waste reprocessing
technologies used in other countries and a comparison
to the direct disposal of nuclear waste; and
(6) a detailed analysis of the feasibility of large-
scale deployment of such technology at military
installations.
(c) Reports.--
(1) NNSA.--The National Academy of Sciences shall
submit to the Administrator for Nuclear Security a
report containing the results of the study and any
recommendations resulting from the study.
(2) Congress.--Not later than 18 months after the
date on which the contract is awarded under subsection
(a), the Administrator for Nuclear Security shall
submit to the appropriate congressional committees the
report submitted under paragraph (1) and any comments
or recommendations of the Administrator with respect to
the report.
(3) Form.--The report under paragraph (2) shall be
submitted to the appropriate congressional committees
in unclassified form, but may include a classified
annex.
(4) Appropriate congressional committees.--In this
section, the term ``appropriate congressional
committees'' means the following:
(A) The Committee on Armed Services, the
Committee on Energy and Commerce, and the
Committee on Foreign Affairs of the House of
Representatives.
(B) The Committee on Armed Services, the
Committee on Energy and Natural Resources, and
the Committee on Foreign Relations of the
Senate.
----------
106. An Amendment To Be Offered by Representative Hanabusa of Hawaii or
Her Designee, Debatable for 10 Minutes
Page 325, after line 9, insert the following:
SEC. 705. TRICARE STANDARD FOR CERTAIN MEMBERS OF THE INDIVIDUAL READY
RESERVE.
(a) Coverage for Certain IRR Members.--
(1) In general.--Subsection (a) of section 1076e of
title 10, United States Code, is amended to read as
follows:
``(a) Eligibility.--(1) Except as provided in paragraph (2),
the following individuals are eligible for health benefits
under TRICARE Standard as provided in this section:
``(A) A member of the Retired Reserve of a reserve
component of the armed forces who is qualified for a
non-regular retirement at age 60 under chapter 1223 of
this title but has not attained the age of 60.
``(B) A member of the Individual Ready Reserve
described in subsection 10144(b) of this title who
served on active duty for an aggregate of not less than
one year beginning on or after September 11, 2001.
``(2) Paragraph (1) does not apply to a member who is
enrolled, or is eligible to enroll, in a health benefits plan
under chapter 89 of title 5.''.
(2) Termination.--Subsection (b) of such section is
amended--
(A) in the subsection heading, by striking
``Standard'';
(B) by striking ``the member becoming'' and
inserting ``a member described in subsection
(a)(1)(A) becoming''; and
(C) by inserting before the period at the end
the following: ``or a member described in
subsection (a)(1)(B) becoming eligible for
TRICARE coverage under any other section of
this chapter''.
(3) Section heading.--The heading of such section is
amended by striking ``who are qualified for a non-
regular retirement but are not yet age 60'' and
inserting ``and Individual Ready Reserve''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 55 of title 10, United States Code, is
amended by striking the item relating to section 1076e and
inserting the following new item:
``1076e. TRICARE program: TRICARE Standard coverage for certain members
of the Retired Reserve and Individual Ready Reserve.''.
(c) Funding Increase and Offsetting Reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D--
(1) the amount authorized to be appropriated in
section 1406 for the Defense Health Program, as
specified in the corresponding funding table in
division D, is hereby increased by $5,000,000, with the
amount of the increase allocated to the Defense Health
Program, as set forth in the table under section 4501,
to carry out the amendments made by this section; and
(2) the amount authorized to be appropriated in
section 101 for other procurement, Army, as specified
in the corresponding funding table in division D, is
hereby reduced by $5,000,000, with the amount of the
reduction to be derived from Joint Tactical Radio
System Maritime-Fixed radios under Line 039 Joint
Tactical Radio System as set forth in the table under
section 4101.
----------
107. An Amendment To Be Offered by Representative Hastings of
Washington or His Designee, Debatable for 10 Minutes
Page 825, after line 2, insert the following new section:
SEC. 3114. HANFORD WASTE TANK CLEANUP PROGRAM REFORMS.
Section 4442 of the Atomic Energy Defense Act (50 U.S.C.
2622) is amended--
(1) in subsection (b)(2), by striking ``, consistent
with the policy direction established by the
Department, all aspects of the River Protection
Project, Richland, Washington'' and inserting ``all
aspects of the River Protection Project, Richland,
Washington, including Hanford Tank Farm Operations and
the Waste Treatment Plant'';
(2) by amending subsection (d) to read as follows:
``(d) Notification.--The Assistant Secretary of Energy for
Environmental Management shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives written notification detailing any
changes in the roles, responsibilities and reporting
relationships that involve the Office.''; and
(3) by striking subsections (e) and (f) and inserting
the following new section:
``(e) Termination.--The Office shall terminate on September
30, 2019. The Office may be extended beyond that date if the
Assistant Secretary of Energy for Environmental Management
determines in writing that termination would disrupt effective
management of the Hanford Tank Farm operations.''.
----------
108. An Amendment To Be Offered by Representative Hastings of Florida
or His Designee, Debatable for 10 Minutes
At the end of title X, add the following:
SEC. 1099C. SENSE OF CONGRESS REGARDING DEPLOYMENT OF ARMED FORCES
WITHOUT CONSIDERABLE DELIBERATION.
It is the sense of the Congress that before voting begins
with respect to funding of any deployment of the Armed Forces,
Members of the Congress--
(1) should designate a time period in which Members
consider the cultures, religions, ethnicities,
geographies, histories, and politics of nations and
regions in which the Armed Forces are engaged or are
proposed to engage in military action;
(2) should be given access to in-depth briefings on
the information described in paragraph (1); and
(3) fully consider and appreciate the enormous
complexities and uncertainties inherent in the military
engagements of the United States in certain regions, in
particular the Middle East.
----------
109. An Amendment To Be Offered by Representative Heck of Nevada or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title III, insert the following:
SEC. 3__. FIRE SUPPRESSION AGENTS.
Section 605(a) of the Clean Air Act (42 U.S.C. 7671d(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph
(3) and inserting ``; or''; and
(3) by adding the following new paragraph after
paragraph (3):
``(4) is listed as acceptable for use as a fire
suppression agent for nonresidential applications in
accordance with section 612(c).''.
----------
110. An Amendment To Be Offered by Representative Inslee of Washington
or His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. PROVISION OF REHABILITATIVE EQUIPMENT UNDER WOUNDED WARRIOR
ACT.
Section 1631 of the Wounded Warrior Act (title XVI of Public
Law 110-181; 10 U.S.C. 1071 note) is amended by adding at the
end the following:
``(c) Rehabilitative Equipment for Members of the Armed
Forces.--
``(1) In general.--Subject to the availability of
appropriations for such purpose, the Secretary of
Defense may provide an active duty member of the Armed
Forces with a severe injury or illness with
rehabilitative equipment, including recreational sports
equipment that provide an adaption or accommodation for
the member, regardless of whether such equipment is
intentionally designed to be adaptive equipment.
``(2) Consultation.--In carrying out this subsection,
the Secretary of Defense shall consult with the
Secretary of Veterans Affairs regarding similar
programs carried out by the Secretary of Veterans
Affairs.''.
----------
111. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 531, after line 2, insert the following:
SEC. 1099C. PROCLAMATION FOR NATIONAL DAY OF HONOR TO CELEBRATE MEMBERS
OF THE ARMED FORCES RETURNING FROM IRAQ,
AFGHANISTAN, AND OTHER COMBAT AREAS.
The President shall designate a day entitled a National Day
of Honor to celebrate members of the Armed Forces who are
returning from deployment in support of Iraq, Afghanistan, and
other combat areas.
----------
112. An Amendment To Be Offered by Representative Jackson Lee of Texas
or Her Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. SENSE OF CONGRESS ON POST-TRAUMATIC STRESS DISORDER.
It is the sense of Congress that--
(1) post-traumatic stress disorder is an increasingly
common disease suffered by returning members of the
Armed Forces; and
(2) access to treatment for members with post-
traumatic stress disorder should be expanded to include
local and community medical facilities.
----------
113. An Amendment To Be Offered by Representative Kind of Wisconsin or
His Designee, Debatable for 10 Minutes
At the end of title III, add the following new section:
SEC. 3__. ASSISTANCE FOR HOMELAND DEFENSE MISSION TRAINING.
(a) Assistance Authorized.--Chapter 9 of title 32, United
States Code, is amended by adding at the end the following new
section:
``Sec. 909. Training assistance
``(a) Assistance Authorized.--To improve the training of
National Guard units and Federal agencies performing homeland
defense activities, the Secretary of Defense may provide
funding assistance through a special military cooperative
agreement for the operation and maintenance of any State
training center certified by the Federal Emergency Management
Agency as capable of providing emergency response training.
``(b) Merit-based or Competitive Decisions.--A decision to
commit, obligate, or expend funds under subsection (a) with or
to a specific entity shall--
``(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10 or on competitive procedures; and
``(2) comply with other applicable provisions of
law.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``909. Training assistance.''.
----------
114. An Amendment To Be Offered by Representative Kinzinger of Illinois
or His Designee, Debatable for 10 Minutes
Page 92, after line 12, insert the following:
SEC. 254. PROHIBITION ON USE OF FUNDS FOR NEWLY DESIGNED FLIGHT SUIT.
None of the funds authorized to be appropriated by this Act
may be used to research, develop, manufacture, or procure a
newly designed flight suit for members of the Armed Forces.
----------
115. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Page 92, after line 12, insert the following:
SEC. 254. NATIONAL DEFENSE EDUCATION PROGRAM.
If the total amount authorized to be appropriated by this Act
for the National Defense Education Program for fiscal year 2012
is less than the amount requested by the President for such
program in the budget submitted to Congress under section 1105
of title 31, United States Code, for such fiscal year, the
Secretary of Defense may not derive the difference between such
amounts from the K-12 component of such program.
----------
116. An Amendment To Be Offered by Representative Larsen of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII of division A of the
bill, add the following:
SEC. 12XX. GLOBAL SECURITY CONTINGENCY FUND.
(a) Authority.--
(1) In general.--The Secretary of State, with the
concurrence of the Secretary of Defense, is authorized
to establish a fund, to be known as the Global Security
Contingency Fund, which shall consist of such amounts
as may be contributed under paragraph (2) to the fund,
to provide assistance to a foreign country described in
subsection (b) for the purposes described in subsection
(c). The program authorized under this subsection shall
be jointly financed and carried out by the Department
of State and the Department of Defense in accordance
with the requirements of this section.
(2) Contributions to fund.--
(A) In general.--For each of fiscal years
2012 through 2015, the Secretary of State and
the Secretary of Defense may contribute not
more than $300,000,000 of amounts made
available to carry out the provisions of law
described in subsection (d).
(B) Availability.--Notwithstanding any other
provision of law, amounts contributed under
this paragraph to the fund shall be merged with
amounts in the fund and shall be available for
purposes of carrying out the program authorized
under this subsection.
(3) Limitation.--The authority of this subsection may
not be exercised with respect to a fiscal year until--
(A) the Secretary of State contributes to the
fund not less than one-third of the total
amount contributed to the fund for the fiscal
year; and
(B) the Secretary of Defense contributes to
the fund not more than two-thirds of the total
amount contributed to the fund for the fiscal
year.
(4) Rule of construction.--The ratios of
contributions described in paragraph (3) shall be
determined at the beginning of a fiscal year and may
not be determined on a project-by-project basis.
(b) Eligible Foreign Countries.--A foreign country described
in this subsection is a country that is designated by the
Secretary of State, with the concurrence of the Secretary of
Defense, and is eligible to receive assistance under one or
more of the provisions of law described in subsection (d).
(c) Purpose of Program.--The program authorized under
subsection (a) may provide assistance to enhance the
capabilities of military forces, and other security forces that
conduct border and maritime security, and counterterrorism
operations, as well as the government agencies responsible for
such forces, in order to strengthen a foreign country's
national and regional security interests consistent with United
States foreign policy interests.
(d) Provisions of Law Described.--The provisions of law
described in this subsection are the following:
(1) Section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-
163; 119 Stat. 3456; relating to program to build the
capacity of foreign military forces).
(2) Section 1033 of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-
85; 111 Stat. 1881; relating to authority to provide
additional support for counter-drug activities of other
countries).
(3) Amounts authorized to be appropriated by section
301 for operation and maintenance, Defense-wide
activities, and available for the Defense Security
Cooperation Agency for the Warsaw Initiative Funds
(WIF) for the participation of the North Atlantic
Treaty Organization (NATO) members in the exercises and
programs of the Partnership for Peace program of the
North Atlantic Treaty Organization.
(4) Section 23 of the Arms Export Control Act (22
U.S.C. 2763; relating to foreign military financing
program).
(5) Section 481 of the Foreign Assistance Act of 1961
(22 U.S.C. 2291; relating to international narcotics
control and law enforcement).
(6) Chapter 5 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2347 et seq.; relating to
international military education and training program).
(7) Chapter 8 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa et seq.; relating to
antiterrorism assistance).
(e) Formulation and Execution of Program.--
(1) In general.--The program authorized under
subsection (a)--
(A) shall be jointly formulated by the
Secretary of State and the Secretary of
Defense; and
(B) shall, prior to its implementation, be
approved by the Secretary of State, with the
concurrence of the Secretary of Defense.
(2) Required elements.--The program authorized under
subsection (a) shall include elements that promote--
(A) observance of and respect for human
rights and fundamental freedoms; and
(B) respect for legitimate civilian
authority.
(f) Related Authorities.--
(1) In general.--The program authorized under
subsection (a) shall be--
(A) jointly financed by the Secretary of
State and the Secretary of Defense through
amounts contributed to the fund under
subsection (a)(2) from one or more provisions
of law described in subsection (d) under which
the foreign country is eligible to receive
assistance; and
(B) carried out under the authorities of such
provisions of law and the authorities of this
section.
(2) Administrative authorities.--Funds made available
under a program authorized under subsection (a) shall
be subject to the same administrative authorities as
apply to funds made available to carry out the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(3) Limitation on eligible countries.--The program
authorized under subsection (a) may not include the
provision of assistance to--
(A) any foreign country that is otherwise
prohibited from receiving such assistance under
any other provision of law; or
(B) Iraq, Afghanistan, or Pakistan.
(g) Congressional Notification.--
(1) In general.--Not less than 15 days before
implementing an activity under the program authorized
under subsection (a), the Secretary of State, with the
concurrence of the Secretary of Defense, shall submit
to the congressional committees specified in paragraph
(2) a notification of--
(A) the name of the country with respect to
which the activity will be implemented; and
(B) the budget, implementation timeline with
milestones, and completion date for the
activity.
(2) Specified congressional committees.--The
congressional committees specified in this paragraph
are--
(A) the Committee on Armed Services, the
Committee on Foreign Relations, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the
Committee on Foreign Affairs, and the Committee
on Appropriations of the House of
Representatives.
(h) Rule of Construction.--Nothing in this section shall be
construed to constitute an authorization or extension of any of
the provisions of law described in subsection (d)
(i) Termination of Program.--The authority to carry out the
program authorized under subsection (a) terminates at the close
of September 30, 2015. An activity under the program directed
before that date may be completed after that date, but only
using funds made available for fiscal years 2012 through 2015.
----------
117. An Amendment To Be Offered by Representative Lee of California or
Her Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of division A of the
bill, add the following:
SEC. 12XX. LIMITATION ON FUNDS TO ESTABLISH PERMANENT MILITARY
INSTALLATIONS OR BASES IN IRAQ AND AFGHANISTAN.
(a) No Permanent Military Bases in Iraq.--None of the funds
authorized to be appropriated by this Act may be obligated or
expended by the United States Government to establish any
military installation or base for the purpose of providing for
the permanent stationing of United States Armed Forces in Iraq.
(b) No Permanent Military Bases in Afghanistan.--None of the
funds authorized to be appropriated by this Act may be
obligated or expended by the United States Government to
establish any military installation or base for the purpose of
providing for the permanent stationing of United States Armed
Forces in Afghanistan.
----------
118. An Amendment To Be Offered by Representative Lipinski of Illinois
or His Designee, Debatable for 10 Minutes
Page 531, after line 2, insert the following:
SEC. 1099C. SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF A KOREAN
WAR NATIONAL MUSEUM.
(a) Findings.--Congress makes the following findings:
(1) The Korean War was fought between the Republic of
Korea, with the assistance of 16 different nations
including the United States, and the Democratic
People's Republic of Korea and People's Republic of
China from June 1950 to July 1953.
(2) This conflict was prompted by the invasion of the
Republic of Korea by the communist Democratic People's
Republic of Korea.
(3) 5,700,000 Americans served during the war and
36,574 died in the conflict, making it the fifth
deadliest war in United States history.
(4) 133 Congressional Medals of Honor were awarded
for service during the conflict.
(5) The first integration of black and white American
members of the Armed Forces in combat occurred during
the Korean War.
(6) The first use of helicopters and the first air-
to-air combat between modern jets occurred during the
Korean War.
(7) There are currently an estimated 2,440,000 living
American veterans of the Korean War.
(8) The United Nations deployed troops into combat
for the first time during the Korean War.
(9) The conflict marked the first armed struggle
between democracy and communism, as well as the first
time the advance of communism was halted.
(10) After the signing of the Armistice Agreement on
July 27, 1953, ending hostilities, there was
established the Demilitarized Zone, which has allowed
the Republic of Korea to grow into a dynamic and stable
democracy while situated on the border of one of the
least free countries in the modern world.
(11) An official national museum honoring the
conflict and all those who served does not currently
exist.
(b) Sense of Congress.--It is the sense of Congress that--
(1) efforts to increase education and public
awareness of the Korean War and to honor and promote
gratitude for those who served in the Korean War should
be encouraged;
(2) the people who have demonstrated leadership and
spearheaded the development of a museum to promote
awareness of the Korean War and honor those who served
in it should be commended; and
(3) a national museum, to be located in Chicago,
Illinois, should be established to--
(A) educate visitors on the service,
sacrifices, and contributions of those who
fought in Korea;
(B) honor Korean War veterans;
(C) preserve the legacy and history of the
Korean War conflict; and
(D) celebrate the advances in democracy and
freedom made by the people of the Republic of
Korea.
----------
119. An Amendment To Be Offered by Representative LoBiondo of New
Jersey or His Designee, Debatable for 10 Minutes
Page , after line , insert the following:
SEC. 355. MODIFICATION OF REPORT ON SEAD/DEAD MISSION REQUIREMENTS OF
THE AIR FORCE.
Section 334 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4188)
is amended--
(1) in subsection (a)--
(A) by striking ``120 days after the date of
the enactment of this Act'' and inserting
``August 1, 2011'';
(B) by striking ``designating'' and inserting
``expanding the role of the Air National Guard
in conducting''; and
(C) by striking ``as a responsibility of the
Air National Guard''; and
(2) in subsection (b)(2), by adding at the end the
following:
``(D) The capacity and capability of the Air
National Guard to assume an increased level of
the Department's SEAD/DEAD mission
responsibilities.''.
----------
120. An Amendment To Be Offered by Representative Luetkemeyer of
Missouri or His Designee, Debatable for 10 Minutes
At the end 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.
----------
121. An Amendment To Be Offered by Representative Maloney of New York
or Her Designee, Debatable for 10 Minutes
Beginning on page 513, line 17, strike section 1091 and
insert the following:
SEC. 1091. TREATMENT UNDER FREEDOM OF INFORMATION ACT OF CERTAIN
DEPARTMENT OF DEFENSE CRITICAL INFRASTRUCTURE
SECURITY INFORMATION.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by adding after section 130e, as added by section
1055, the following new section:
``Sec. 130f. Treatment under Freedom of Information Act of critical
infrastructure security information
``(a) Exemption.--Department of Defense critical
infrastructure security information that, if disclosed, may
result in the disruption, degradation, or destruction of
operations, property, or facilities of the Department of
Defense, shall be exempt from disclosure pursuant to section
552(b)(3) of title 5, if the Secretary of Defense determines
that the public interest consideration in the disclosure of
such information does not outweigh preventing the disclosure of
such information.
``(b) Information Provided to State and Local Governments.--
Department of Defense critical infrastructure security
information obtained by a State or local government from a
Federal agency shall remain under the control of the Federal
agency, and a State or local law authorizing or requiring such
a government to disclose information shall not apply to such
critical infrastructure security information.
``(c) Department of Defense Critical Infrastructure Security
Information Defined.--In this section, the term `Department of
Defense critical infrastructure security information' means
sensitive but unclassified information related to critical
infrastructure information owned or operated by or on behalf of
the Department of Defense that could substantially facilitate
the effectiveness of an attack designed to destroy equipment,
create maximum casualties, or steal particularly sensitive
military weapons including information regarding the securing
and safeguarding of explosives, hazardous chemicals, or
pipelines.
``(d) Regulations.--The Secretary of Defense shall prescribe
regulations to implement this section. Such regulations shall
ensure the consistent application of the exemption in
subsection (a) across the military departments and that
specifically identify officials in each military department who
shall be delegated the Secretary's authority under this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``130f. Treatment under Freedom of Information Act of certain critical
infrastructure security information.''.
----------
122. An Amendment To Be Offered by Representative McCollum of Minnesota
or Her Designee, Debatable for 10 Minutes
At the end of subtitle J of title V of Division A, add the
following new section:
SEC. 598. LIMITATION ON MILITARY MUSICAL UNITS.
Amounts appropriated pursuant to the authorization of
appropriations in this Act for military musical units (as
defined in section 974 of title 10, United States Code) may not
exceed $200,000,000.
----------
123. An Amendment To Be Offered by Representative Miller of Michigan or
Her Designee, Debatable for 10 Minutes
At the end of title X, add the following:
SEC. __. INTERAGENCY COLLABORATION.
The Assistant Secretary of Defense for Research and
Engineering shall collaborate with the Under Secretary for
Science and Technology of the Department of Homeland Security
to identify equipment and technology used by the Department of
Defense that could be used by U.S. Customs and Border
Protection to improve the security of the international borders
between the United States and Mexico, and the United States and
Canada, by--
(1) detecting anomalies such as tunnels and breaches
in perimeter security;
(2) detecting the use of unauthorized vehicles;
(3) enhancing wide-area surveillance;
(4) using autonomous vehicles for security; and
(5) otherwise improving the enforcement of such
borders.
----------
124. An Amendment To Be Offered by Representative Moran of Virginia or
His Designee, Debatable for 10 Minutes
At the end of title XXVII, add the following new section:
SEC. 2707. LIMITATION ON BRAC 133 PROJECT IMPLEMENTATION.
The Secretary of Defense may not use more than 1,000 parking
spaces provided by the combination of spaces provided by the
BRAC 133 project and the lease of spaces in the immediate
vicinity of the BRAC 133 project until both of the following
occur:
(1) The Secretary of Defense documents either a
Record of Environmental Consideration or a Supplemental
Environment Assessment for the finding in the 2008 BRAC
133 Environmental Assessment of no significant impact.
(2) The Secretary of Defense certifies that all
defense access road-certified mitigation projects
related to the BRAC 133 project have been constructed.
----------
125. An Amendment To Be Offered by Representative Murphy of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle G of title VI (page 319, after line
3), add the following new section:
SEC. 662. REPORT ON 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. Such report shall--
(1) identify the positions in most critical need for
additional health care professionals, including--
(A) the number of physicians needed; and
(B) whether additional behavioral health
professionals are needed to treat members of
the Armed Forces for post traumatic stress
disorder and traumatic brain injury; and
(2) recommend incentives for healthcare professionals
with more than 20 years of clinical experience to join
the active or reserve components, including changes in
age or length of service requirements to qualify for
partial retired pay for non-regular service.
----------
126. An Amendment To Be Offered by Representative Murphy of Connecticut
or His Designee, Debatable for 10 Minutes
At the end of subtitle E of title VIII, add the following new
section:
SEC. 845. ADDITIONAL INFORMATION ON WAIVERS UNDER THE 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:
``(vi) An itemized list of all
waivers granted with respect to such
articles, materials, or supplies under
chapter 83 of title 41 (commonly
referred to as the Buy American Act),
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.''.
----------
127. An Amendment To Be Offered by Representative Nugent of Florida or
His Designee, Debatable for 10 Minutes
At end of subtitle C of title V, add the following new
section:
SEC. 527. 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.
----------
128. An Amendment To Be Offered by Representative Pearce of New Mexico
or His Designee, Debatable for 10 Minutes
At the end of title VIII, add the following new section:
SEC. 845. ASSESSMENT OF DEPARTMENT OF DEFENSE CONTRACTING ACTIONS AND
THE IMPACT ON SMALL BUSINESSES.
(a) Assessment Required.--The Inspector General of the
Department of Defense shall conduct an assessment of
consolidated contracting actions of the Department of Defense
relating to base services and construction activities from
October 2009 through October 2011 to ensure the Department's
compliance with the provisions of the Small Business Jobs Act
of 2010 (Public Law 111-240). The assessment shall, at a
minimum, examine--
(1) compliance with the Small Business Jobs Act of
2010 (Public Law 111-240), the Small Business
Reauthorization Act of 1997 (Public Law 105-135), the
National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136) and all relevant provisions in the
Federal Acquisition Regulation and the Defense Federal
Acquisition Regulation Supplement;
(2) justification for contract consolidation;
(3) scope of services provided by category, contract
award ceiling, and period of performance;
(4) identification of any shortages in trained
acquisition personnel that may have contributed to a
determination to consolidate contracting actions;
(5) potential for alternative contracting approaches
that would increase small business participation;
(6) any negative impact by such contract
consolidations on contracting with small business
concerns; and
(7) recommendations to improve or enhance Department
of Defense policy, guidance, or execution of
contracting actions to ensure compliance with the Small
Business Jobs Act of 2010.
(b) Briefing.--The Inspector General shall brief the
congressional defense committees on the findings of the
assessment required under subsection (a) not later than April
1, 2012.
----------
129. An Amendment To Be Offered by Representative Pompeo of Kansas or
His Designee, Debatable for 10 Minutes
At the end of title V, add the following new section:
SEC. 5__. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO EMIL
KAPAUN FOR ACTS OF VALOR DURING THE KOREAN WAR.
(a) Authorization.--Notwithstanding the time limitations
specified in section 3744 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the Armed Forces, the
President is authorized and requested to award the Medal of
Honor posthumously under section 3741 of such title to Emil
Kapaun for the acts of valor during the Korean War described in
subsection (b).
(b) Acts of Valor Described.--The acts of valor referred to
in subsection (a) are the actions of then Captain Emil Kapaun
as a member of the 8th Cavalry Regiment during the Battle of
Unsan on November 1 and 2, 1950, and while a prisoner of war
until his death on May 23, 1951, during the Korean War.
----------
130. An Amendment To Be Offered by Representative Pompeo of Kansas or
His Designee, Debatable for 10 Minutes
At the end of subtitle C of title V, add the following new
section:
SEC. 5__. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE IN RESPONSE
TO REVIEW OF PROPOSAL FOR AWARD OF MEDAL OF HONOR
NOT PREVIOUSLY SUBMITTED IN TIMELY FASHION.
Section 1130(b) of title 10, United States Code, is amended
by adding at the end the following new sentence: ``If the
determination includes a favorable recommendation for the award
of the Medal of Honor, the Secretary of Defense, instead of the
Secretary concerned, shall make the submission under this
subsection.''.
----------
131. An Amendment To Be Offered by Representative Reed of New York or
His Designee, Debatable for 10 Minutes
At the end of title X of division A, insert the following:
SEC. 1099C. DESIGNATION OF ``TAPS'' AS NATIONAL SONG OF REMEMBRANCE.
(a) Designation.--Chapter 3 of title 36, United States Code,
is amended by adding at the end the following new section:
``Sec. 306. National Song of Remembrance
``(a) Designation.--The bugle call commonly known as `Taps',
consisting of 24 notes sounded on a bugle or trumpet performed
by a solo bugler or trumpeter without accompaniment or
embellishment, is the National Song of Remembrance.
``(b) Conduct During Sounding.--
``(1) In general.--During a performance of `Taps' at
a military funeral, memorial service, or wreath
laying--
``(A) all present, except persons in uniform,
should stand at attention with the right hand
over the heart;
``(B) men not in uniform should remove their
headdress with their right hand and hold the
headdress at the left shoulder, the hand being
over the heart; and
``(C) persons in uniform should stand at
attention and give the military salute at the
first note of `Taps' and maintain that position
until the last note.
``(2) Exception.--Paragraph (1) shall not apply when
`Taps' is sounded as the final bugle call of the day at
a military base.
``(c) Definition of Military Base.--In this section, the term
`military base' means a base, camp, post, station, yard,
center, homeport facility for any ship, or other activity under
the jurisdiction of the Department of Defense, including any
leased facility.''.
(b) Conforming and Clerical Amendments.--
(1) Chapter heading.--The heading of chapter 3 of
title 36, United States Code, is amended to read as
follows:
``CHAPTER 3--NATIONAL ANTHEM, MOTTO, AND OTHER NATIONAL DESIGNATIONS''.
(2) Table of chapters.--The item relating to chapter
3 in the table of chapters for such title is amended to
read as follows:
``3. National Anthem, Motto, and Other National Designations......301''.
(3) Table of sections.--The table of sections at the
beginning of such chapter is amended by adding at the
end the following new item:
``306. National Song of Remembrance.''.
Amend the table of contents in section 2(b) by inserting
after the item relating to section 1099B the following new
item:
Sec. 1099C. Designation of ``Taps'' as National Song of Remembrance.
----------
132. An Amendment To Be Offered by Representative Richardson of
California or Her Designee, Debatable for 10 Minutes
Page 531, after line 2, insert the following:
SEC. 1099C. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND
PREPAREDNESS.
It is the sense of the Congress that--
(1) the United States Northern Command plays a
crucial role in providing additional response
capability to State and local governments in domestic
disaster relief and consequence management operations;
(2) the United States Northern Command must continue
to build upon its current efforts to develop command
strategies, leadership training, and response plans to
effectively work with civil authorities when acting as
the lead agency or a supporting agency; and
(3) the United States Northern Command should
leverage whenever possible training and management
expertise that resides within the Department of
Defense, other Federal agencies, State and local
governments, and private sector businesses and academic
institutions to enhance--
(A) its Defense Support to Civil Authorities
and incidence management missions;
(B) relationships with other entities
involved in disaster response; and
(C) its ability to respond to unforeseen
events.
----------
133. An Amendment To Be Offered by Representative Rigell of Virginia or
His Designee, Debatable for 10 Minutes
Page 377, after line 7, insert the following:
SEC. 845. DEPARTMENT OF DEFENSE OPERATIONAL CONTRACT SUPPORT PLAN.
The Secretary of Defense shall develop and implement a plan
to address shortfalls in operational contract support
requirements determination, management, oversight, and
administration. The plan shall include each of the following:
(1) The provision of operational contract support
training and information-sharing roadmaps, including a
description of the roles and responsibilities of the
Office of the Secretary of Defense, the Joint Staff,
the military departments, and defense agencies.
(2) The identification and development of training
venues to incorporate appropriate operational contract
support training and education for all operational
contract support functions in both acquisition and non-
acquisition roles.
(3) The integration of operational contract support
into Department of Defense exercises and experiments.
(4) Updating and aligning Department of Defense
policy, doctrine, joint capability area definitions,
corresponding universal joint task lists, and
agreements to address shortfalls as discrepancies in
areas of operational contract support.
(5) A method of ensuring that sufficient capacity and
capability to conduct operational contract support
missions is addressed in the total workforce plan
required by section 129a of title 10, United States
Code, as amended by this Act.
----------
134. An Amendment To Be Offered by Representative Runyan of New Jersey
or His Designee, Debatable for 10 Minutes
Page 364, after line 2, insert the following:
SEC. 825. COMPETITION AND REVIEW OF CONTRACTS FOR PROPERTY OR SERVICES
IN SUPPORT OF A CONTINGENCY OPERATION.
(a) Contracting Goals.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall--
(1) establish goals for competition in contracts
awarded by the Secretary of Defense for the procurement
of property or services to be used outside the United
States in support of a contingency operation; and
(2) shall develop processes by which to measure and
monitor such competition, including in task-order
categories for services, construction, and supplies.
(b) Annual Review of Certain Contracts.--
(1) Review required.--For each year the Logistics
Civil Augmentation Program contract, or other similar
omnibus contract awarded by the Secretary of Defense
for the procurement of property or services to be used
outside the United States in support of a contingency
operation, is in force, the Secretary shall require a
competition advocate of the Department of Defense to
conduct an annual review of each such contract.
(2) Competitive awards.--Based on the findings of a
review conducted under paragraph (1), the Secretary
shall identify subcontracts that may reasonably be
treated as prime contracts for purpose of a competition
and take such steps as may be necessary to establish a
competitive award basis for such a contract in a timely
manner.
(c) Annual Report on Contracting in Iraq and Afghanistan.--
Section 863(a)(2) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is
amended--
(1) by redesignating subparagraphs (F) through (H) as
subparagraphs (H) through (J), respectively; and
(2) by inserting after subparagraph (E) the following
new subparagraphs:
``(F) Percentage of contracts awarded on a
competitive basis as compared to established
goals for competition in contingency
contracting actions.
``(G) Justification for any non-competitively
awarded contingency contracts that are not
otherwise deemed to be not suitable for
competition''.
----------
135. An Amendment To Be Offered by Representative Loretta Sanchez of
California or Her Designee, Debatable for 10 Minutes
Page 825, after line 2, insert the following:
SEC. 3114. ADDITIONAL BUDGET ITEM RELATING TO GLOBAL THREAT REDUCTION
INITIATIVE.
(a) Funding Increase and Offsetting Reduction.--
Notwithstanding the amounts set forth in the funding tables in
division D--
(1) the amount authorized to be appropriated in
section 3101 for defense nuclear nonproliferation, as
specified in the corresponding funding table in
division D, is hereby increased by $20,000,000, with
the amount of the increase allocated to the global
threat reduction initiative as set forth in the table
under section 4701; and
(2) the amount authorized to be appropriated in
section 201 for research, development, test, and
evaluation, Army, as specified in the corresponding
funding table in division D, is hereby reduced by
$20,000,000, with the amount of the reduction to be
derived from the Aerostat Joint Project Office as set
forth in the table under section 4201.
(b) Merit-based or Competitive Decisions.--A decision to
commit, obligate, or expend funds referred to in subsection
(a)(1) with or to a specific entity shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k)
and 2374 of title 10, United States Code, or on
competitive procedures; and
(2) comply with other applicable provisions of law.
----------
136. An Amendment To Be Offered by Representative Shuster of
Pennsylvania or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII of division A of the
bill, add the following:
SEC. 12XX. THREE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO USE
ACQUISITION AND CROSS-SERVICING AGREEMENTS TO LEND
MILITARY EQUIPMENT FOR PERSONNEL PROTECTION AND
SURVIVABILITY.
(a) Authority.--Subsection (a) of section 1202 of the John
Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 120 Stat. 2412), as amended by section
1203(a) of the Ike Skelton National Defense Authorization Act
for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4386), is
further amended--
(1) in paragraph (1), by striking ``Iraq or''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Iraq
or''; and
(B) in subparagraph (C), by striking ``Iraq,
Afghanistan, or'' and inserting ``Afghanistan
or''.
(b) Expiration.--Subsection (e) of such section, as amended
by section 1204(b) of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122
Stat. 4623), is further amended by striking ``September 30,
2011'' and inserting ``September 30, 2014''.
----------
137. An Amendment To Be Offered by Representative Loretta Sanchez of
California or Her Designee, Debatable for 10 Minutes
Page 594, after line 21, insert the following:
SEC. 1231. REPORT ON RUSSIAN NUCLEAR FORCES.
(a) Report.--Not later than March 1, 2012, the Secretary of
Defense, in coordination with the Director of National
Intelligence, shall submit to the appropriate congressional
committees a report on the nuclear forces of the Russian
Federation and the New START Treaty (as defined in section
1229(d)).
(b) Matters Included.--The report under section (a) shall
include an assessment of the following:
(1) The assessed number of nuclear forces by category
of nuclear warheads and delivery vehicles relative to
New START levels by 2017 and by 2022, including
potential shifts of such numbers during such periods.
(2) Options with respect to the size and composition
of Russian nuclear forces that Russia is considering,
including decreases below the New START levels and
plans for maintaining New START levels, including
options related to developing and deploying a new heavy
intercontinental ballistic missile and multiple
independently targetable reentry vehicle capability.
(3) Factors that are likely to influence the number
and composition of Russian nuclear forces.
(4) Effects of shifts in the number and composition
of Russian nuclear forces on strategic stability.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate; and
(3) the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee
on Intelligence of the Senate.
----------
138. An Amendment To Be Offered by Representative Loretta Sanchez of
California or Her Designee, Debatable for 10 Minutes
Page 835, after line 18, insert the following:
SEC. 3202. ADDITIONAL FUNDING FOR DEFENSE NUCLEAR FACILITIES SAFETY
BOARD.
(a) Funding Increase.--The amount set forth in section 3201
for the operation of the Defense Nuclear Facilities Safety
Board is hereby increased by $2,500,000.
(b) Offsetting Reduction.--Notwithstanding the amounts set
forth in the funding tables in division D, the amount
authorized to be appropriated in section 101 for other
procurement, Army, as specified in the corresponding funding
table in division D, is hereby reduced by $2,500,000, with the
amount of the reduction to be derived from Joint Tactical Radio
System Maritime-Fixed radios under Line 039 Joint Tactical
Radio System as set forth in the table under section 4101.
----------
139. An Amendment To Be Offered by Representative Smith of Washington
or His Designee, Debatable for 10 Minutes
At the end of subtitle D of title X, insert the following:
SEC. 1043. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE HAVENS TO
AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
(a) Purpose and Findings.--
(1) Purpose.--The purpose of this section is to
improve interagency strategic planning and execution to
more effectively integrate efforts to deny safe havens
and strengthen at-risk states to further the goals of
the National Security Strategy related to the
disruption, dismantlement, and defeat of al-Qaeda and
its violent extremist affiliates.
(2) Findings.--Congress makes the following findings:
(A) In Iraq, Afghanistan, and other areas
where stabilization operations are carried out,
the lack of an integrated, coordinated planning
effort in which the goals, objectives, and
priorities of the United States effort and the
roles and missions of the various agencies of
the United States were clearly delineated has
hampered the efforts of the United States in
such operations and may have contributed to
increased costs in funding, time, effort, and
other terms.
(B) The fight against al-Qaeda and its
violent extremist affiliates, and the threat to
the United States by transnational terrorism,
will continue for the foreseeable future.
(C) A key component of success in the
struggle against al-Qaeda and its violent
extremist affiliates is the ability to deny
safe havens to al-Qaeda, its violent extremist
affiliates, and other violent extremist
organizations, and United States national
security interests will sometimes require the
United States to assist in building the
capabilities of other countries and entities to
deny such violent extremist organizations safe
havens and to participate in regional efforts
to deny such violent extremist organizations
safe havens.
(b) National Security Planning Guidance.--
(1) Guidance required.--The President shall issue
classified or unclassified national security planning
guidance in support of objectives stated in the
national security strategy report submitted to Congress
by the President pursuant to section 108 of the
National Security Act of 1947 (50 U.S.C. 404a) to deny
safe havens to al-Qaeda and its violent extremist
affiliates and to strengthen at-risk states. Such
guidance shall serve as the strategic plan that governs
United States and coordinated international efforts to
enhance the capacity of governmental and
nongovernmental entities to work toward the goal of
eliminating the ability of al-Qaeda and its violent
extremist affiliates to establish or maintain safe
havens.
(2) Contents of guidance.--The guidance required
under paragraph (1) shall include each of the
following:
(A) A prioritized list of specified
geographic areas that the President determines
are necessary to address and an explicit
discussion and list of the criteria or
rationale used to prioritize the areas on the
list, including a discussion of the conditions
that would hamper the ability of the United
States to strengthen at-risk states or other
entities in such areas.
(B) For each specified geographic area, a
description, analysis, and discussion of the
core problems and contributing issues that
allow or could allow al-Qaeda and its violent
extremist affiliates to use the area as a safe
haven from which to plan and launch attacks,
engage in propaganda, or raise funds and other
support, including any ongoing or potential
radicalization of the population, or to use the
area as a key transit route for personnel,
weapons, funding, or other support.
(C) A list of short-term, mid-term, and long-
term goals for each specified geographic area,
prioritized by importance.
(D) A description of the role and mission of
each Federal department and agency involved in
executing the guidance, including the
Departments of Defense, Justice, Treasury, and
State and the Agency for International
Development.
(E) A description of gaps in United States
capabilities to meet the goals listed pursuant
to subparagraph (C), and the extent to which
those gaps can be met through coordination with
nongovernmental, international, or private
sector organizations, entities, or companies.
(3) Review and update of guidance.--The President
shall review and update the guidance required under
paragraph (1) as necessary. Any such review shall
address each of the following:
(A) The overall progress made toward
achieving the goals listed pursuant to
paragraph (2)(C), including an overall
assessment of the progress in denying a safe
haven to al-Qaeda and its violent extremist
affiliates.
(B) The performance of each Federal
department and agency involved in executing the
guidance.
(C) The performance of the unified country
team and appropriate combatant command, or in
the case of a cross-border effort, country
teams in the area and the appropriate combatant
command.
(D) Any addition to, deletion from, or change
in the order of the prioritized list maintained
pursuant to paragraph (2)(A).
(4) Specified geographic area defined.--In this
subsection, the term ``specified geographic area''
means any country, subnational territory, or region--
(A) that serves or may potentially serve as a
safe haven for al-Qaeda or a violent extremist
affiliate of al-Qaeda--
(i) from which to plan and launch
attacks, engage in propaganda, or raise
funds and other support; or
(ii) for use as a key transit route
for personnel, weapons, funding, or
other support; and
(B) over which one or more governments or
entities exert insufficient governmental or
security control to deny al-Qaeda and its
violent extremist affiliates the ability to
establish a large scale presence.
(5) Submittal to congress.--Not later than 15 days
after the President issues the guidance required under
paragraph (1) or reviews or updates such guidance under
paragraph (3), the President shall submit to the
Committees on Armed Services and Foreign Affairs of the
House of Representatives and the Committees on Armed
Services and Foreign Relations of the Senate a copy of
such guidance.
(c) Implementation.--
(1) Memorandum of understanding required.--The head
of each agency listed in the national security planning
guidance required under subsection (b) shall enter into
a memorandum of understanding regarding matters related
to the implementation of such guidance.
(2) Matters covered.-- The memorandum of
understanding required by paragraph (1) shall include
each of the following:
(A) An identification of the positions
supplied by each department or agency to
country teams or teams and the appropriate
combatant command in each specified geographic
area that are critical for carrying out the
national security planning guidance.
(B) The criteria used by each department or
agency for the selection of appropriate
personnel to fill the positions identified as
critical pursuant to subparagraph (A),
including the manner of soliciting the input
from other departments and agencies regarding
appropriate personnel and expertise.
(C) The manner in which performance in
furtherance of the national security planning
guidance shall be considered in evaluating the
performance of personnel designated to fill the
positions identified as critical pursuant to
subparagraph (A), including the consideration
of input from personnel from other departments
and agencies who filled senior positions on the
country team or relevant combatant command, in
particular the appropriate United States
ambassador.
(D) The manner for implementing lessons
learned in the course of reviewing the
performance of a country team or multiple
country teams and relevant combatant command in
the course of reviewing the national security
planning guidance under subsection (b)(3).
(E) The manner in which disputes related to
carrying out the national security planning
guidance between members of the country team,
the relevant combatant command, or departments
and agencies shall be handled.
(3) Implementation of memorandum of understanding.--
Not later than 120 days after the memorandum of
understanding required by paragraph (1) is signed, the
heads of those departments and agencies listed in the
national security planning guidance shall issue such
policies and guidance and prescribe such regulations as
are necessary to implement the memorandum of
understanding for the relevant matters pertaining to
their respective departments and agencies.
(4) Update and review.--The memorandum of
understanding as required under paragraph (1) shall be
updated and reviewed as necessary, but at a minimum
shall be reviewed with each review of the national
security planning guidance under subsection (b)(3).
----------
140. An Amendment To Be Offered by Representative Smith of Washington
or His Designee, Debatable for 10 Minutes
Page 345, after line 8, insert the following:
SEC. 731. REPORT ON RESEARCH AND TREATMENT OF POST-TRAUMATIC STRESS
DISORDER.
(a) Findings.--Congress finds the following:
(1) The high-incidence rate of neurological trauma in
members of the Armed Forces needs to be addressed.
(2) Critical research using neuroimaging that is
concentrated on post-traumatic stress disorder offers
great hope in identifying conditions allowing for a
separate and distinct classification of post-traumatic
stress disorder.
(3) The Telemedicine and Advanced Technology Research
Center within the Army Medical Research and Materiel
Command has engaged the National Resources for
Neuroscience and Neuroimaging to develop collaborative
and inter-agency research linking the Department of
Defense and the Department of Veterans Affairs with
appropriate and established university-affiliated
partnerships.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report assessing the
benefits of neuroimaging research in an effort to identify and
increase the diagnostic properties of post-traumatic stress
disorder.
----------
141. An Amendment To Be Offered by Representative Thompson of
Pennsylvania or His Designee, Debatable for 10 Minutes
Page 332, after line 24, insert the following:
SEC. 713. EXPANSION OF STATE LICENSURE EXCEPTION FOR CERTAIN HEALTH
CARE PROFESSIONALS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense and the Secretary of
Veterans Affairs need to renew and improve efforts to
reach out to rural America, which has less access to
care;
(2) behavioral health services for active duty
members of the Armed Forces, members of the reserve
components, members of the National Guard, and veterans
need to be more easily and readily accessible; and
(3) medical records and records of deployment need a
``warm transition'' and better collaboration between
the Department of Defense and the Department of
Veterans Affairs.
(b) Expansion.--Section 1094(d) of title 10, United States
Code, is amended--
(1) in paragraph (1)--
(A) by inserting ``at any location'' before
``in any State''; and
(B) by striking ``regardless'' and all that
follows through the end and inserting
``regardless of where such health-care
professional or the patient are located, so
long as the practice is within the scope of the
authorized Federal duties.''; and
(2) in paragraph (2), by striking ``member of the
armed forces'' and inserting ``member of the armed
forces, civilian employee of the Department of Defense,
personal services contractor under section 1091 of this
title, or other health-care professional credentialed
and privileged at a Federal health care institution or
location specially designated by the Secretary for this
purpose''.
(c) Reports.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of Veterans Affairs, shall
submit to Congress separate reports on each of the following:
(1) The plans to develop and expand programs to use
new Internet and communication technologies for
improved access to care and resources, including
telemedicine, telehealth care services, and
telebehavioral health programs that ensure patient
privacy.
(2) Any plans to improve the transition of health and
battlefield deployment records to better assist and
care for veterans.
(d) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the amendments made by this section.
----------
142. An Amendment To Be Offered by Representative Thornberry of Texas
or His Designee, Debatable for 10 Minutes
Page 429, after line 13, insert the following:
SEC. 965. CLARIFICATION OF STATUS OF PARTICIPANTS OF DEFENSE INDUSTRIAL
BASE ACTIVE CYBER DEFENSE PILOT PROJECT.
Notwithstanding any other provision of law, any non-
Government entity or personnel participating in the 90-day
Defense Industrial Base Active Cyber Defense pilot project
shall not be considered an agent of any local or State
government or the Federal Government by reason of such
participation.
----------
143. An Amendment To Be Offered by Representative Tierney of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle I of title X, add the following new
section:
SEC. 1099C. REPORT ON THE MANUFACTURING POLICY OF THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) For many years, manufacturing has been the
backbone of the United States economy, leading to good
jobs, technological innovation, and the production of
high quality commodities.
(2) In addition, the superiority of the United States
manufacturing industry ensured a reliable supply of raw
and finished goods to support the defense and security
operations of the United States Government.
(3) Over the past few decades, the manufacturing
industry of the United States and the jobs associated
with it have suffered a dramatic decline as
manufacturing processes have been outsourced to foreign
nations.
(4) This decrease in domestic manufacturing
capability has forced the Department of Defense to
acquire supplies and materials necessary for the
national defense from foreign companies and
governments, thereby subjecting the critical defense
needs of the United States to geopolitical forces
beyond its control.
(b) Submission to Congress of Report on the Manufacturing
Industry of the United States.--
(1) Submission required.--The Secretary of Defense
shall submit to Congress a report on the manufacturing
industry of the United States. Such report shall be
submitted as soon as is practicable, but not later than
the end of the 180-day period beginning on the date of
the enactment of this Act.
(2) Notice of submission.--If before the end of the
180-day period specified in paragraph (1) the Secretary
determines that the report required by that paragraph
cannot be submitted by the end of such period as
required by such paragraph, the Secretary shall (before
the end of such period) submit to Congress a report
setting forth--
(A) the reasons why the report cannot be
submitted by the end of such 180-day period;
and
(B) an estimated date for the submission of
the report.
(3) Form.--The report under paragraph (1) shall be
submitted in an unclassified form, but may include a
classified annex. Consistent with the protection of
intelligence sources and methods, an unclassified
summary of the key judgments of the report may be
submitted.
(4) Elements.--The report submitted under paragraph
(1) shall include the following:
(A) An assessment of the current
manufacturing capacity of the United States as
it relates to the ability of the United States
to respond to both civilian and defense needs.
(B) An assessment of tax, trade, and
regulatory policies as they impact the growth
of the manufacturing industry in the United
States.
(C) An analysis of the factors leading to the
increased outsourcing of manufacturing
processes to foreign nations.
(D) An analysis of the strength of the United
States defense industrial base, including the
security and stability of the supply chain, and
an assessment of the vulnerabilities and weak
points of that supply chain.
(E) An analysis of the capacity of the
civilian manufacturing industry to fulfill
defense manufacturing needs when necessary.
(F) An analysis of the ability of the United
States to access necessary raw materials for
the defense industry, including rare earth
minerals.
(G) A quantitative analysis of the position
of the United States relative to the global
defense market.
(H) An analysis of the changes in supply-side
economics resulting from shifts in
globalization trends.
(I) An analysis of the vulnerability of the
United States defense products that could
potentially be corrupted by malicious software,
such as spyware, malware, and viruses.
(J) A quantitative analysis of the risk
facing the defense supply chain of the United
States and the processes currently in place to
manage such risk.
(c) Presidential Report on Policy Objectives and United
States Strategy Regarding the United States Manufacturing
Industry.--
(1) Report required.--As soon as is practicable, but
not later than 180 days after the date of the enactment
of this Act, the President shall submit to Congress a
report on--
(A) the objectives of United States policy
regarding the manufacturing industry of the
United States; and
(B) the strategy for achieving those
objectives.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a
classified annex.
(3) Elements.--The report submitted under paragraph
(1) shall--
(A) address the role of diplomacy,
incentives, sanctions, other punitive measures
and incentives, and other programs and
activities relating to the manufacturing
industry of the United States for which funds
are provided by Congress; and
(B) summarize United States planning
regarding the range of possible United States
actions in support of United States policy
objectives with respect to the manufacturing
industry of the United States.
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144. An Amendment To Be Offered by Representative Tierney of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle A of title XII of division A of the
bill, add the following:
SEC. 12XX. INTERAGENCY WORKING GROUP ON FOREIGN POLICE TRAINING.
(a) Establishment; Duties.--There is established an
interagency working group to monitor the foreign police
training programs, projects, and activities of the various
Federal departments and agencies and coordinate and unify such
programs, projects, and activities under a single strategic
framework.
(b) Sense of Congress.--It is the sense of Congress that the
interagency working group should establish a strategy to
specify the goals of the foreign police training programs,
projects, and activities described in subsection (a), the
strategies for achieving such goals, and quantifiable metrics
for measuring success. The strategy should also include an
interagency mechanism to coordinate the actions of the Federal
departments and agencies carrying out such programs, projects,
and activities.
(c) Membership.--
(1) In general.--The interagency working group shall
consist of representatives from the Departments of
Defense, State, Justice, Homeland Security, Treasury,
and Energy, the United States Agency for International
Development, and the Millennium Challenge Corporation.
(2) Chairperson.--The representative from the
Department of Defense shall serve as the chairperson of
the interagency working group.
(d) Report.--The interagency working group shall submit to
Congress an annual report on the activities of the interagency
working group for the preceding year.
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145. An Amendment To Be Offered by Representative Tierney of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of subtitle F of title IX, add the following new
section:
SEC. 965. EXPANSION OF OVERSIGHT OFFICES IN DEPARTMENT OF DEFENSE.
(a) Assistant Secretary of Defense for Contingency
Contracting.--Section 138(b) of title 10, United States Code,
is amended--
(1) by redesignating paragraph (7) as paragraph (8);
and
(2) by inserting after paragraph (6) the following
new paragraph:
``(7) One of the Assistant Secretaries shall be the Assistant
Secretary of Defense for Contingency Contracting. The Assistant
Secretary of Defense for Contingency Contracting is the
principal adviser to the Secretary of Defense and the Under
Secretary of Defense for Acquisition, Technology, and Logistics
on matters relating to planning, funding, staffing, and
managing contingency contracting of the Department of
Defense.''.
(b) Requirement to Establish Office of Contingency
Contracting.--The Secretary of Defense shall rename and expand
the Office of Program Support in the Office of the Under
Secretary of Defense for Acquisition, Technology, and Logistics
as the Office of Contingency Contracting. The Office of
Contingency Contracting shall be headed by the Assistant
Secretary of Defense for Contingency Contracting and shall be
responsible for planning, funding, staffing, and managing
contingency contracting in the Department of Defense.
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146. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Page 473, line 23, insert ``or (4)'' after ``(2)''.
Page 476, after line 8, insert the following:
(4) Exception.--The limitation in paragraph (1)(A)
shall not apply with respect to activities determined
by the Secretary of Defense to be necessary to ensure
the continued safety, security, and reliability of the
nuclear weapons stockpile.
Page 477, strike line 14 and all that follows through line 17
and insert the following:
(2) Exception.--The limitation in paragraph (1) shall
not apply with respect to--
(A) the dismantlement of legacy warheads that
are awaiting dismantlement on the date of the
enactment of this Act or have been designated
for retirement by the date of the enactment of
this Act; or
(B) activities determined by the Secretary of
Defense to be necessary to ensure the continued
safety, security, and reliability of the
nuclear weapons stockpile.
Page 478, line 3, strike ``The'' and insert ``Except as
provided by subsection (c), the''.
Page 478, line 21, strike the closed quotation mark and
second period.
Page 478, after line 21, insert the following:
``(c) Exception.--Subsection (a) shall not apply with respect
to activities determined by the Secretary of Defense to be
necessary to ensure the continued safety, security, and
reliability of the nuclear weapons stockpile.''.
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147. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Page 593, line 3, strike ``or''.
Page 593, line 15, strike the period and insert ``; or''.
Page 593, after line 15, insert the following:
(3) the reduction, consolidation, or withdrawal of
such nuclear forces is--
(A) pursuant to a treaty or international
agreement specifically approved with the advice
and consent of the Senate pursuant to Article
II, section 2, clause 2 of the Constitution; or
(B) specifically authorized by an Act of
Congress.
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148. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
At the end of subtitle F of title III, add the following new
section:
SEC. 3__. LIMITATION ON OBLIGATION AND EXPENDITURE OF FUNDS FOR
MIGRATION OF MANAGEMENT OF AIR FORCE ENTERPRISE
LOGISTICS SYSTEMS PROGRAM EXECUTIVE OFFICE PENDING
COST-BENEFIT ANALYSIS.
Of the funds authorized to be appropriated by this Act or
otherwise made available to the Department of Defense for
fiscal year 2012 for procurement or operation and maintenance
for the migration to management for the Enterprise Logistics
System Program Executive Office by the Department of the Air
Force, not more than 10 percent may be obligated or expended
until the date that is 30 days after the date on which the
Secretary of the Air Force submits to the congressional defense
committees a report on the cost-benefit analysis of migrating
the management headquarters for the Enterprise Logistics System
Program Executive Office. The report shall address each of the
following:
(1) The business case analysis supporting the
decision.
(2) An analysis of alternatives to the decision that
were considered.
(3) An economic analysis (including a life-cycle cost
analysis) of the proposed transition, including a cost-
benefit analysis and assessment of sustainment costs.
----------
149. An Amendment To Be Offered by Representative Turner of Ohio or His
Designee, Debatable for 10 Minutes
Strike section 911 and insert the following new section:
SEC. 911. HARMFUL INTERFERENCE TO DEPARTMENT OF DEFENSE GLOBAL
POSITIONING SYSTEM.
(a) In General.--The Federal Communications Commission shall
not lift the conditions imposed on commercial terrestrial
operations in the Order and Authorization adopted on January
26, 2011 (DA 11-133), or otherwise permit such operations,
until the Commission has resolved concerns of widespread
harmful interference by such commercial terrestrial operations
to the Global Positioning System devices of the Department of
Defense.
(b) Notice and Comment on Working Group Report.--Prior to
permitting such commercial terrestrial operations, the Federal
Communications Commission shall make available the final
working group report mandated by such Order and Authorization
and provide all interested parties an opportunity to comment on
such report.
(c) Notice to Congress.--
(1) In general.--At the conclusion of the proceeding
on such commercial terrestrial operations, the Federal
Communications Commission shall submit to the
congressional committees described in paragraph (2)
official copies of the documents containing the final
decision of the Commission regarding whether to permit
such commercial terrestrial operations. If the decision
is to permit such commercial terrestrial operations,
such documents shall contain or be accompanied by an
explanation of how the concerns described in subsection
(a) have been resolved.
(2) Congressional committees described.--The
congressional committees described in this paragraph
are the following:
(A) The Committee on Energy and Commerce and
the Committee on Armed Services of the House of
Representatives.
(B) The Committee on Commerce, Science, and
Transportation and the Committee on Armed
Services of the Senate.
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150. An Amendment To Be Offered by Representative Young of Indiana or
His Designee, Debatable for 10 Minutes
SEC. __. REAUTHORIZATION OF AUTHORITY TO USE FUNDS FOR REINTEGRATION
ACTIVITIES IN AFGHANISTAN.
(a) Authority.--Subsection (a) of section 1216 of the Ike
Skelton National Defense Authorization Act for Fiscal Year 2011
(Public Law 111-383; 124 Stat. 4392) is amended by striking
``fiscal year 2011'' and inserting ``fiscal year 2012''.
(b) Expiration.--Subsection (e) of such section is amended by
striking ``December 31, 2011'' and inserting ``December 31,
2012''.
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151. An Amendment To Be Offered by Representative Walz of Minnesota or
His Designee, Debatable for 10 Minutes
Page 507, after line 2, insert the following:
SEC. 1078. REPORT ON THE NATIONAL GUARD AND RESERVE COMPONENTS OF THE
ARMED FORCES.
(a) Report Required.--Not later than 180 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
National Guard and the reserve components of the Armed Forces.
(b) Matters Included.--The report under subsection (a) shall
include a plan to--
(1) ensure that each military department has access
to trained, experienced, and ready members of the
National Guard and reserve components of the Armed
Forces for any mission less than war;
(2) capitalize on the gains made in the readiness of
the National Guard and the reserve components during
the previous 10-year period; and
(3) ensure the total force is able to sustain
commitments throughout the world using the unique
skills and capabilities of the National Guard and the
reserve components in a predictable and consistent
manner.
----------
152. An Amendment To Be Offered by Representative Cravaack of Minnesota
or His Designee, Debatable for 10 Minutes
At the end of subtitle C of title XII of division A of the
bill, add the following:
SEC. 12XX. REPEAL OF UNITED STATES INSTITUTE OF PEACE ACT.
Effective as of the date of the enactment of this Act, the
United States Institute of Peace Act (title XVII of Public Law
98-525; 22 U.S.C. 4601 et seq.) is repealed.