U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

99–008 

" ! HOUSE OF REPRESENTATIVES 

112TH CONGRESS

1st Session 

REPORT

2011

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 

★ 


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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 disVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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posed 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. 


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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. 

Majority Members Vote Minority Members Vote 

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 openair burn pits for waste disposal. (10 minutes) 


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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 civilmilitary 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) 


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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 MultiNational 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 


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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 


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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 

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ations 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) 


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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) 


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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) 


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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 preseparation 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 


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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, John, Wilson, Joe (SC): Would require the National Academy of Sciences to Review Nuclear Waste Reprocessing 

and Nuclear Reactor Technology. (10 minutes) 106. 


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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 


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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) 


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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 crossservicing 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) 


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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 unVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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able 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— 


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(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. 


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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 openair 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: 


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‘‘(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. 5ll. 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 


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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. 5ll. 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: 

‘‘§ 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.’’. 


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(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: 

‘‘§ 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: 

‘‘§ 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’’. 


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(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. 5ll. 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. 5ll. 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 


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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. 5ll. 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. 


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(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.— 


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(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. 


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(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— 


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(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.’’. 


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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 


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(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 


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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. 


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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: 

‘‘§ 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 


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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; 


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‘‘(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 DeVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00036 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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fense 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. 


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(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 


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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 posttreatment 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. 


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(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 


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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. 


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(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: 


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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. 


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‘‘(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: 


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‘‘§ 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 subVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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contractor 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 


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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. 


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(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. 10ll. 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 


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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 MIN- UTES

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 reVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00049 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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lated 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, 


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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: 


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(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. 


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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 peVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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riod 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 


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(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. ll. 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 

‘‘§ 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; 


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‘‘(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. 

‘‘§ 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. 

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tem) 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). 

‘‘§ 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. 

‘‘§ 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’). 


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‘‘(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 PROCE- DURES.— 

‘‘(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 


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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. 

‘‘§ 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— 


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‘‘(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; 


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‘‘(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 


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‘‘(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. 

‘‘§ 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 


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‘‘(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; 


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‘‘(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; 


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‘‘(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 


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‘‘(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. 

‘‘§ 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— 


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‘‘(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. 


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‘‘(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. 

‘‘§ 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. 


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‘‘(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. 

‘‘§ 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. 


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‘‘(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. 

‘‘§ 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: 

‘‘§ 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 

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tional 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 ASSESS- MENTS.—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 testingbased 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 


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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)’’; 


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(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. 

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eral 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 crossgovernmental 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 


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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 


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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 


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(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 CAMP- BELL OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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 CAMP- BELL OF CALIFORNIA OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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 


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(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 

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stan, 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: 


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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 


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(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. 12ll. 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. 


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(3) REVISION IN PERMANENT ACTIVE DUTY END STRENGTH MIN- IMUM 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. 12ll. 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 SANCHEZ

OF CALIFORNIA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 708, after line 12, insert the following: 


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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 CON- STRUCTED UNDER BUILD-TO-LEASE AUTHORITY.—The Secretary 

shall— 


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‘‘(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. ll. 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: 


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SEC. ll. 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 MIN- UTES

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 highlevel 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— 


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(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. lll. 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 


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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. 


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(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 

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ation 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 


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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), 


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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 unVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00091 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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dertook 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 skiequipped, 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. 


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(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, 


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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. ll. 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; 


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(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: 

‘‘§ 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).’’. 


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(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: 

‘‘§ 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, 


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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 impleVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00097 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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ment 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 


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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. 


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(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 


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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. 8ll. 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. 

‘‘§ 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; 


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‘‘(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 


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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 CERTIFI- CATION.—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 CER- TIFICATION.—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— 


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(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. 11ll. 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: 

‘‘§ 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.— 


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‘‘(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.’’. 


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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 lifecycle 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. 5ll. 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’’. 


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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: 

‘‘§ 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-toTeachers 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.— 


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‘‘(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 RE- QUIREMENTS 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 


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‘‘(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 

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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 highneed 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)). 


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‘‘(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 


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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-toTeachers 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 NonTraditional Education Support Division of the Department 

of Defense; 


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(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; 


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(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 ‘‘biannual’’ 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: 


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‘‘(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 

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contract 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 ED- WARDS OF MARYLAND OR HER DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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 


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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. 28ll. 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: 

‘‘§ 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. 


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‘‘(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; 


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(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. 


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‘‘(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: 


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‘‘(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. 3ll. 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).’’. 


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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: 


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SEC. 3ll. 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: 

‘‘§ 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. 


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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-byproject 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: 


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(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.). 


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(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. 


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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 


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(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. 5ll. 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. 


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(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: 

‘‘§ 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 


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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 MCCOL- LUM 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. ll. 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 seVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00130 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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curity 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. 


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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 


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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. 5ll. 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: 


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SEC. 5ll. 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: 

‘‘§ 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.’’. 


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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. 


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(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 (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’’. 


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135. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE 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’’. 


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137. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE 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 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 


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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 atrisk states to further the goals of the National Security Strategy related to the disruption, dismantlement, and defeat of alQaeda 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. 


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(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 crossborder 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 


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(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 alQaeda 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 


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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. 


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(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 healthcare 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. 


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(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. 


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(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. 

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 acVerDate Mar 15 2010 21:07 May 27, 2011 Jkt 099006 PO 00000 Frm 00145 Fmt 6659 Sfmt 6602 E:\HR\OC\HR088.XXX HR088

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tions 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. 

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. 

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. 


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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.’’. 

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. 

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. 3ll. 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. 


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(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. 

150. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE YOUNG

OF INDIANA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

SEC. ll. 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’’. 


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(b) EXPIRATION.—Subsection (e) of such section is amended by 

striking ‘‘December 31, 2011’’ and inserting ‘‘December 31, 2012’’. 

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. 

Æ 


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