```

[House Report 111-498]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-498

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5136) TO AUTHORIZE 
  APPROPRIATIONS FOR FISCAL YEAR 2011 FOR MILITARY ACTIVITIES OF THE 
 DEPARTMENT OF DEFENSE, TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR 
  SUCH FISCAL YEAR, AND FOR OTHER PURPOSES; WAIVING A REQUIREMENT OF 
   CLAUSE 6(A) OF RULE XIII WITH RESPECT TO CONSIDERATION OF CERTAIN 
    RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES; AND FOR OTHER 
                                PURPOSES

                                _______
                                

May 26, 2010.--Referred to the House Calendar and ordered to be printed

                                _______
                                

   Ms. Pingree of Maine, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                      [To accompany H. Res. 1404]

    The Committee on Rules, having had under consideration 
House Resolution 1404, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5136, the 
``National Defense Authorization Act for Fiscal Year 2011,'' 
under a structured rule. The resolution provides one hour of 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Armed Services.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution provides that the amendment 
in the nature of a substitute recommended by the Committee on 
Armed Services now printed in the bill shall be considered as 
an original bill for the purpose of amendment and shall be 
considered as read. The resolution waives all points of order 
against the amendment in the nature of a substitute except 
those arising under clause 10 of rule XXI. This waiver does not 
affect the point of order available under clause 9 of rule XXI 
(regarding earmark disclosure).
    The resolution makes in order only those amendments printed 
in this report and amendments en bloc described in section 3 of 
the resolution. The amendments made in order may be offered 
only in the order printed in this report (except as specified 
in section 4 of the resolution), may be offered only by a 
Member designated in this report, shall be considered as read, 
shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question. All points of 
order against the amendments printed in this report or 
amendments en bloc are waived except those arising under clause 
9 or 10 of rule XXI.
    The resolution provides that the Chair of the Committee on 
Armed Services or his designee may offer amendments en bloc 
consisting of amendments printed in this report not earlier 
disposed of or germane modifications of any such amendments. 
Amendments en bloc shall be considered as read (except that 
modifications shall be reported), shall be debatable for 20 
minutes equally divided and controlled by the chair and ranking 
minority member of the Committee on Armed Services or their 
designees, shall not be subject to amendment, and shall not be 
subject to a demand for division of the question. For the 
purpose of inclusion in such amendments en bloc, an amendment 
printed in the form of a motion to strike may be modified to 
the form of a germane perfecting amendment to the text 
originally proposed to be stricken. The original proponent of 
an amendment included in such amendments en bloc may insert a 
statement in the Congressional Record immediately before the 
disposition of the amendments en bloc.
    The resolution provides that the Chair of the Committee of 
the Whole may recognize for consideration of any amendment 
printed in this report out of the order printed, but not sooner 
than 30 minutes after the chair of the Committee on Armed 
Services or his designee announces from the floor a request to 
that effect. The resolution provides one motion to recommit 
with or without instructions.
    The resolution provides that the Chair may entertain a 
motion that the Committee rise only if offered by the Chair of 
the Committee on Armed Services or his designee and that the 
Chair may not entertain a motion to strike out the enacting 
words of the bill.
    The resolution provides that, in engrossment, the Clerk 
shall add the text of H.R. 5013, as passed by the House, as new 
matter at the end of H.R. 5136.
    The resolution waives clause 6(a) of rule XIII (requiring a 
two-thirds vote to consider a rule on the same day it is 
reported from the Rules Committee) against resolutions reported 
from the Rules Committee through the legislative day of June 1, 
2010.
    Finally, the resolution provides that measures may be 
considered under suspension of the rules at any time through 
Sunday, May 30, 2010, and that the Speaker or her designee 
shall consult with the Minority Leader or his designee on the 
designation of any matter for consideration under suspension of 
the rules.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill (except those arising under clause 9 or 10 of rule 
XXI) includes a waiver of clause 3(e) of rule XIII (requiring 
the inclusion of a comparative print of any part of the bill or 
joint resolution proposing to amend the statute and of the 
statute or part thereof proposed to be amended). The waiver of 
all points of order against the amendment in the nature of a 
substitute (except those arising under clause 10 of rule XXI) 
includes a waiver of clause 7 of rule XVI (germaneness), clause 
4 of rule XXI (prohibiting appropriations in legislative 
bills), and section 303 of the Congressional Budget Act 
(prohibiting consideration of legislation providing new budget 
authority for a fiscal year until the budget resolution for 
that year has been agreed).

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 427

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Dreier.
    Summary of motion: To limit the martial law authority 
granted under the rule to rules providing for consideration of 
measures relating to the extension of expiring programs.
    Results: Defeated 3-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Pingree--Nay; Polis--Nay; Dreier--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 428

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. McKeon (CA), #113, a second-
degree amendment in the nature of a substitute to amendment #43 
by Rep. Patrick Murphy (PA), that would revise the guidance, 
terms of reference and objectives for the Department of Defense 
Working Group reviewing possible repeal of the current policy 
concerning homosexuality in the Armed Forces, and require that 
the Working Group's report be provided to the House and Senate 
Committees on Armed Services, together with the recommendations 
of the chiefs of the military services.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 429

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Gingrey (GA), #18, which would 
prohibit funds authorized by the bill from being used to 
transfer any individual who is detained at Guantanamo Bay to 
the United States or any U.S. territory.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 430

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Biggert (IL) and Rep. Shimkus 
(IL) and Rep. Roskam (IL) and Rep. Johnson (IL) and Rep. Kirk 
(IL) and Rep. Schock (IL) and Rep. Manzullo (IL), #158, which 
would require that 90 days before the proposed transfer to the 
U.S. of any person detained at Guantanamo Bay, Cuba, 
information regarding the detainee's legal name, country of 
residence, act of terrorism committed, and behavioral record 
since capture shall be released to the general public.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 431

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Flake (AZ), #92, which would 
prohibit funding for the earmarks listed in House Report 111-
491.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 432

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Gingrey (GA), #14, which would 
provide waiver authority to the Secretary of Defense (or a 
designee) to section 526 of the Energy Independence Act of 2007 
if such a waiver is deemed necessary by the Secretary to 
further the readiness of the Armed Forces and national security 
objectives.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 433

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Olson (TX), #72, which would 
prohibit Habeas petitions in U.S. Federal Court on behalf of 
enemy combatants housed at the Bagram Air Base in Afghanistan 
and other U.S. Military Bases around the world.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 434

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Heller (NV), #25, which would 
require the Secretary of the Air Force to establish maps of 
acceptable, unacceptable, and unassessed locations for 
geothermal, wind, solar photovoltaic, and solar thermal trough 
systems on Air Force and adjoining property.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 435

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Olson (TX), #73, which would 
prohibit any civilian criminal trials in U.S. Federal Court for 
detainees housed at the detention center at Guantanamo Bay, 
Cuba.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 436

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Bachmann (MN), #116, which 
would prohibit the Secretary of Defense from entering into 
contracts with any entity that provides Iran with censorship or 
surveillance technology or crime control equipment.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 437

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Burton (IN), #165, which would 
prevent any agreement for nuclear cooperation between the 
United States and any country that is assisting the nuclear 
program of Iran from entering into force and would prevent any 
license from being issued for export to such country of any 
nuclear goods or services until the President determines that 
Iran has verifiably dismantled its nuclear program.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 438

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Franks (AZ), #146, which would 
prevent the expenditure of any funds authorized in the bill 
from being used to support U.S. participation in the 
International Criminal Court.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 439

    Date: May 26, 2010.
    Measure: H.R. 5136.
    Motion by: Dr. Foxx.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Duncan Jr. (TN), #119, which 
would clarify the circumstances under which marriages between 
U.S. military personnel and foreign nationals shall be 
recognized as valid for immigration purposes in the event of 
the untimely death of the military member.
    Results: Defeated 3-8.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Cardoza--Nay; Arcuri--Nay; Pingree--Nay; Polis--
Nay; Dreier--Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

               SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Skelton (MO): Would correct a variety of technical 
errors in the bill. (10 minutes)
    2. Bartlett (MD): Would prohibit funds authorized to be 
appropriated in section 101(5) for other procurement, Army, 
from being obligated or expended by the Secretary of the Army 
for line-haul tractors unless the source selection is made 
based on a full and open competition. (10 minutes)
    3. Smith, Adam (WA): Would ensure that the spouse, children 
and parents of a deployed or deploying member of the Armed 
Forces, who are not covered under the Family Medical Leave Act, 
have the ability to take at least two weeks of unpaid leave 
from their job in order to address issues that arise over the 
course of a deployment cycle. (10 minutes)
    4. Marshall (GA): Would express the sense of Congress that 
the Chief of the National Guard Bureau should issue fire-
resistant utility ensembles to National Guard personnel who are 
engaged, or likely to become engaged, in defense support to 
civil authority missions that routinely involve serious fire 
hazards, such as wildfire recovery efforts. (10 minutes)
    5. Bordallo (GU): Would incorporate the text of H.R. 44, 
the Guam World War II Loyalty Recognition Act, into the bill as 
Title XVII. This title would implement the recommendations of 
the Guam War Claims Review Commission which was authorized by 
an Act of the 107th Congress (P.L. 107-333) and which submitted 
its final report to Congress in June 2004. The amendment 
authorizes the Foreign Claims Settlement Commission of the 
United States to settle claims resulting from the occupation of 
Guam during World War II based on other war claims programs 
previously authorized by Congress for other Americans. (10 
minutes)
    6. Coffman (CO), Ellsworth (IN): Would require the 
Department of Defense to formulate and submit a plan to 
establish a domestic source of neodymium iron boron magnets for 
use in the defense supply chain. (10 minutes)
    7. Shea-Porter (NH), Langevin (RI): Would require the 
President to commission a study to assess the need for and 
implications of a common alignment of world regions in the 
internal organization of departments and agencies of the 
Federal government with international responsibilities. (10 
minutes)
    8. Courtney (CT), Petri (WI), Matsui (CA): Would transfer 
the Troops to Teachers program from the Department of Education 
to the Department of Defense. It would also make several 
changes to the program that would expand eligibility for 
service members who have served on active duty since September 
11, 2001, expand the number of schools eligible to participate 
in the program, and create an advisory board charged with 
improving awareness of the program, increasing participation, 
and ensuring that the program meets the needs of our schools 
and our veterans. (10 minutes)
    9. Giffords (AZ): Would authorize the Secretary of Defense, 
acting through Joint Task Force North, to share with the 
Department of Homeland Security and the Department of Justice 
any data gathered during training exercises. (10 minutes)
    10. Nye (VA), Larsen, Rick (WA): Would require the 
Department of Defense to report to the House Armed Services 
Committee and the Small Business Committee on their plans to 
support the Regional Advanced Technology Clusters. (10 minutes)
    11. Kratovil (MD): Would clarify that no funds authorized 
to be appropriated in this Act or otherwise made available to 
the Department of Defense shall be used in violation of section 
1040 of the National Defense Authorization Act for Fiscal Year 
2010. (10 minutes)
    12. Owens (NY): Would provide Congress enhanced and updated 
budget and quantity information on proposed equipment 
purchases. The information to be provided includes both the per 
unit cost for each item for each year in the five-year budget 
window and the total five-year equipment quantities needed. (10 
minutes)
    13. McGovern (MA), Emerson (MO), Bishop, Sanford (GA): 
Would include a Sense of Congress stating that hunger and 
obesity are impairing military recruitment and must be properly 
addressed. (10 minutes)
    14. McGovern (MA), Jones (NC), Welch (VT): Would require 
the President to certify that the Afghanistan Independent 
Election Commission and the Afghan Electoral Complaints 
Commission have the professional capacity, legal authority and 
independence to carry out and oversee free, fair and honest 
elections, absent the fraud that characterized the 2009 
presidential elections, before funds are made available to 
support the holding of elections in Afghanistan. (10 minutes)
    15. Hastings, Alcee (FL): Would require the Department of 
Defense, in consultation with the Secretary of State, Attorney 
General, Secretary of Homeland Security, Administrator of the 
United States Agency for International Development (USAID), and 
heads of other appropriate Federal agencies (as determined by 
the Secretary of Defense) to produce a needs assessment of U.S. 
affiliated Iraqis and their status. It would also require the 
Secretary of Defense, Secretary of State, and Secretary of 
Homeland Security to develop a plan using the needs assessment 
to expedite resettlement of U.S.-affiliated Iraqis at risk as 
the United States withdraws from Iraq. (10 minutes)
    16. Sessions (TX), Platts (PA): Would establish a 5 year 
``pay-for-performance'' pilot program for the treatment of 
traumatic brain injuries. It would authorize healthcare 
providers to treat active duty soldiers and veterans at no cost 
to the patient, and DoD/VA only reimburses services proven 
successful. (10 minutes)
    17. Polis (CO), Langevin (RI), Cohen (TN): Would clarify 
that federal agencies can procure commercially available fuels 
that have less than a majority proportion of alternative fuels 
with greater life cycle emissions than traditional petroleum 
fuels. (10 minutes)
    18. Dingell (MI), Stupak (MI), Miller, Brad (NC): Would 
require the Secretary of Defense to provide the Agency for 
Toxic Substances and Disease Registry (ATSDR) with the 
following information pertaining to Marine Corps Base Camp 
Lejeune's historic drinking water contamination no later than 
90 days after enactment: (1) an electronic inventory of all 
existing document, data, and records in its possession and 
update the inventory based on new documents, data, and records 
generated or discovered by Secretary of the Navy; and (2) all 
existing data, documents, and records pertaining to the 
contaminated water present at Camp Lejeune. In addition, the 
amendment would require the Secretary of the Navy to ensure 
personnel within the Department of Defense with the appropriate 
environmental expertise are utilized to identify, compile, and 
submit existing and new documents, data, and records that will 
assist ATSDR in gathering data relating to the contamination 
and remediation of Camp Lejeune base-wide drinking-water 
systems. (10 minutes)
    19. Conyers (MI), Davis, Geoff (KY): Would require the 
Secretary of Defense, in coordination with the Secretary of 
State, to issue a report evaluating naval security in the 
Persian Gulf and the Strait of Hormuz. The report shall include 
an assessment of the strategic benefits of the successful 
negotiation of a bilateral or multilateral ``Incidents at Sea'' 
agreement including the United States and the Government of 
Iran. (10 minutes)
    20. Burton (IN), Napolitano (CA): Would express the Sense 
of Congress that the President, as Commander-in-Chief, should 
treat all military personnel and military families equally and 
overturn the policy that prohibits sending a presidential 
letter of condolence to the family of a member of the Armed 
Forces who has died by suicide. (10 minutes)
    21. Gutierrez (IL): Would stipulate that, should the 
Secretary of Defense determine that BP or its subsidiaries 
performing any contract with the Department are no longer a 
``responsible source,'' the Secretary shall consider debarring 
BP or its subsidiaries from contracting with the Department no 
later than 90 days after making such determination. (10 
minutes)
    22. Holden (PA): Would make any person who served in combat 
as a pilot or crew member of a Medevac unit beginning June 25, 
1950, eligible for the Combat Medevac Badge. (10 minutes)
    23. Pomeroy (ND): Would authorize the continuation of the 
Joint Family Support Assistance Program, which provides support 
and services to families of service members, with a primary 
focus on those families that do not live near a military 
installation and would not otherwise have access to the 
services available at those facilities. (10 minutes)
    24. Jackson Lee (TX): Would require the Secretary of 
Defense shall provide, by December 1, 2010, a report to the 
Congressional Black Caucus that includes a list of minority-
owned, women-owned and disadvantaged-owned businesses over the 
past 10 years who have received contracts resulting from 
authorized funding to the Department. (10 minutes)
    25. Jackson Lee (TX): Would make available post-traumatic 
stress counseling for civilians affected by the Fort Hood 
shooting, and shootings at other domestic military bases. (10 
minutes)
    26. Latham (IA), Boren (OK): Would express the Sense of 
Congress that an erroneous interpretation of recent changes to 
age and service requirements for reserve retirement pay should 
be corrected, to ensure that members of the Guard and Reserve 
receive full credit for time spent on deployments in reducing 
the age at which retirement pay may be received under section 
647 of the NDAA for FY08, which sought to modernize reserve 
retirement benefits to reflect the increased use of the 
reserved components to support contingency operations. (10 
minutes)
    27. Kennedy (RI): Would add neurology to the list of 
selected residency programs at military medical treatment 
facilities subject to a program review. (10 minutes)
    28. Etheridge (NC), Kissell, Larry (NC), Bishop, Sanford 
(GA): Would clarify that the Department of Defense Office of 
Economic Adjustment's existing grant-making authority for 
community adjustment and economic diversification to assist 
communities affected by the 2005 Base Realignment and Closure 
Process includes development assistance. (10 minutes)
    29. Pascrell (NJ), Platts (PA), Andrews (NJ), Cole (OK), 
Ortiz (TX), Coffman (CO), Wilson, Joe (SC): Would require that 
the same cognitive screening tool be used pre-deployment and 
post-deployment until a new, comprehensive policy for screening 
our soldiers to detect cognitive injuries is implemented. Would 
require DOD to complete outstanding studies on the 
effectiveness of various cognitive assessment tools. (10 
minutes)
    30. Shadegg (AZ): Would prohibit members of the Armed 
Forces or veterans from receiving burial benefits if they are 
convicted of certain sexual offenses requiring them to register 
as ``Tier III'' sex offenders. (10 minutes)
    31. Lee, Barbara (CA): Would express the Sense of Congress 
that there is potential for additional and significant cost 
savings through further reductions by the Secretary of Defense 
in waste, fraud, and abuse and that the Secretary should make 
implementation of remaining Government Accountability Office 
(GAO) recommendations an utmost priority of the Department of 
Defense. (10 minutes)
    32. Holt (NJ), Bishop, Tim (NY), Himes (CT): Would require 
that the Secretary of Defense ensure that each member of the 
Individual Ready Reserve (IRR) or those designated as 
Individual Mobilization Augmentees (IMA) who have served at 
least one tour in Iraq or Afghanistan receive at least 
quarterly counseling and health and welfare calls from 
personnel properly trained to provide such services. (10 
minutes)
    33. Schakowsky (IL), McGovern (MA), Conyers (MI), Hinchey 
(NY), Moran, James (VA): Would require the Special Inspector 
General for Afghanistan Reconstruction to report on existing 
oversight of contractors in Afghanistan, as well as to make 
recommendations for increasing oversight, decreasing reliance 
on contractors responsible for civilian deaths, and preventing 
contractors responsible for waste, fraud, and abuse from 
getting future contracts. (10 minutes)
    34. Harman (CA): Would call for expedited and priority 
consideration of an application for permanent change of base or 
unit transfer for victims of sexual assault to reduce the 
possibility of retaliation against the victim. (10 minutes)
    35. Putnam (FL): Would express a sense of Congress in 
support of recreational hunting and fishing on military 
installations. States that military installations that sell 
recreational hunting and fishing permits should provide a 
discount to active and retired members of the Armed Forces and 
veterans with disabilities, and promote access to such 
facilities to those with disabilities. (10 minutes)
    36. Watson (CA), Langevin (RI): Would insert language based 
on H.R. 4900 and H.R. 5247, that contain the following 
provisions: (1) the establishment of a new National Office for 
Cyberspace; (2) management and oversight reforms for agency 
information security programs; (3) security related acquisition 
requirements for federal information technology investments; 
(4) the establishment of a federal Chief Technology Officer; 
and (5) make the Director of the National Office for Cyberspace 
a member of the National Security Council and grant the office 
additional government-wide coordinating responsibilities. (10 
minutes)
    37. Chandler (KY): Would strike section 2412(c), which 
would prohibit funds from being allocated to the Blue Grass 
Army Depot Chemical Demilitarization program as it is currently 
contracted. (10 minutes)
    38. Herseth Sandlin (SD), Fleming (LA): Would require 
reports to Congress on U.S. bomber modernization, sustainment 
and recapitalization efforts in support of the national defense 
strategy. (10 minutes)
    39. Lipinski (IL), Murphy, Christopher (CT), Edwards, Donna 
(MD): Would require the Department of Defense to solicit bids 
from domestic suppliers when procuring articles, materials, or 
supplies for use outside of the United States. (10 minutes)
    40. Brown-Waite (FL): Would expand the eligibility for the 
Army Combat Action Badge to those soldiers who served during 
the dates ranging from December 7, 1941, to September 18, 2001. 
The costs to procure the badges would be borne by these 
individuals, not the military. (10 minutes)
    41. Braley (IA): Would require the Secretary of Defense, 
with contributions from the Secretary of State and Secretary of 
Veterans Affairs, to submit a report on the long-term costs of 
Operation Iraqi Freedom and Operation Enduring Freedom. It 
would require the report to make cost projections through 
Fiscal Year 2020, and specifies scenarios and factors which the 
Secretary must consider in the report. (10 minutes)
    42. Eshoo (CA), Holt (NJ), Thompson, Mike (CA), Schakowsky 
(IL), Berman (CA), Tierney (MA): Would require the DNI to 
cooperate with GAO inquiries that are initiated by Committees. 
Would allow all committees of jurisdiction to request that GAO 
perform audits of the intelligence community. Would allow the 
DNI to designate certain reports or portions of reports as 
sources and methods sensitive or reportable only to the 
intelligence committees, and those reports or portions would go 
only to the intelligence committees. Would establish certain 
procedures to ensure that GAO safeguards information. (10 
minutes)
    43. Murphy, Christopher (CT), Lipinski (IL), Edwards, Donna 
(MD): Would require the Department of Defense to include in its 
yearly assessment of waivers granted under the Buy American Act 
to include in that report an analysis of the domestic capacity 
to supply the articles, materials or supplies procured from 
overseas and an analysis of the reasons for the yearly increase 
or decrease in Buy American waivers granted. (10 minutes)
    44. Richardson (CA): Would require Transportation Command 
(TRANSCOM) to update the PORT LOOK 2008 Strategic Seaports 
study and in that update include consideration of the 
infrastructure in the vicinity of the strategic port (including 
bridges, roads, and rail capacity). (10 minutes)
    45. Murphy, Tim (PA): Would direct the Surgeons General of 
the Army, Navy, and Air Force to submit a report to Congress on 
whether additional behavioral health professionals are needed 
to treat members of the Armed Forces for PTSD/TBI, and offer 
recommendations for ways to provide incentives for health care 
professionals to join active and reserve components. (10 
minutes)
    46. Space (OH): Would require the Secretary of the VA to 
send an electronic copy of service members' separation 
paperwork to the States. (10 minutes)
    47. Sarbanes (MD): Would require non-Defense agencies to 
establish contractor inventories and insourcing programs to 
mirror current law for the Department of Defense. It would also 
prevent agencies from establishing any numerical goal, target, 
or quota for the conversion to performance by Federal 
employees, require OMB to report to Congress on agency 
insourcing policies and GAO to evaluate OMB reporting. (10 
minutes)
    48. Walz (MN): Would revise the language of the Alternative 
Career Track Pilot Program slightly to ensure officers are not 
penalized with regards to promotion for participating in the 
pilot program. (10 minutes)
    49. Childers (MS): Would require the Secretary of Defense 
to submit a report to Congress regarding the procurement and 
the feasibility of sustained low-level production of Mine 
Resistant Ambush Protective Vehicles. (10 minutes)
    50. Broun (GA): Would express the sense of Congress 
strongly encouraging the President to order the flag of the 
United States flown on military outposts of the United States 
in the Republic of Haiti. (10 minutes)
    51. Edwards, Donna (MD), Lipinski (IL), Murphy, Christopher 
(CT): Would direct the Department of Defense to include the 
impact on domestic jobs in their periodic assessments of 
defense capability. (10 minutes)
    52. Carson (IN): Would amend the Department of Defense pre-
separation counseling program to provide discharging service 
members and their spouses with financial and job placement 
counseling. (10 minutes)
    53. Foster (IL): Would direct the Secretary of Defense to 
commission an independent study by assessing the optimal 
balance of unmanned versus manned platforms, and the current 
ability of each branch of the military to defend against 
unmanned aerial vehicles. It would require the conclusions of 
this study to be reported to Congress by December 1, 2011. (10 
minutes)
    54. Hare (IL): Would direct the Secretary of the Army to 
deliver a report to Congress that provides a detailed 
explanation of the Army's Heirloom Chest policy, the Army's 
plans to continue the Heirloom Chest program, and a cost 
estimate for the procurement to expand the number of Heirloom 
Chests to additional family members. (10 minutes)
    55. Luetkemeyer (MO): Would direct the Secretary of each 
military department to review the service records of eligible 
Jewish American veterans from World War I to determine whether 
such veterans should be awarded the Medal of Honor. (10 
minutes)
    56. Dahlkemper (PA): Would allow the Secretary of Defense 
to make excess nonlethal supplies available for domestic 
emergency assistance purposes, in coordination with the 
Secretary of Homeland Security. (10 minutes)
    57. Price, David (NC), Spratt (SC): Would extend certain 
provisions of the Fiscal Year 2008 National Defense 
Authorization Act (FY 2008 NDAA) pertaining to private security 
contractors in Iraq and Afghanistan to additional overseas 
areas with a significant contractor presence. Specifically, the 
amendment would require the Secretary of Defense to issue 
regulations extending section 862 of the FY 2008 NDAA to 
additional areas in which significant military operations are 
being carried out by the U.S. Armed Forces. The amendment 
leaves the designation of such areas to the Secretary but 
stipulates that it should include, at a minimum, the Horn of 
Africa, Yemen, Haiti, and the Philippines. (10 minutes)
    58. Kirkpatrick (AZ): Would eliminate gaps in existing law 
that have resulted in unauthorized and improper disposal of 
Department of Defense property. (10 minutes)
    59. Kosmas (FL): Would require DoD and NASA to conduct a 
study of the feasibility of joint usage of the NASA Shuttle 
Logistics Depot (NSLD), which utilizes a highly-skilled 
workforce and has unique capabilities, to supplement 
requirements for products and services in support of reset 
initiatives, engineering analysis, industrial base 
capabilities, and innovative technology processes to improve 
procurement and reduce risk, cost, and cycle time of system 
delivery. (10 minutes)
    60. Lujan (NM): Would instruct the Administrator of the 
National Nuclear Security Administration to encourage 
technology transfer activities at its national security 
laboratories that will lead to enhanced private-sector 
employment opportunities. It would require the Administrator to 
submit a report each year detailing the number of new private-
sector employment opportunities created as a result of the 
technology transfer activities at each of its national security 
laboratories. (10 minutes)
    61. Markey, Betsy (CO): Would create the Department of 
Veterans Affairs HONOR Scholarship Program for veterans' 
pursuit of graduate and post-graduate degrees in behavioral 
health sciences. (10 minutes)
    62. McMahon (NY): Would express a Sense of Congress 
concerning the implementation of the Congressionally-mandated 
recommendations of the Institute of Medicine study. (10 
minutes)
    63. McMahon (NY): Would express a Sense of Congress to 
encourage the Secretary of the Navy to name a naval vessel 
after Medal of Honor recipient and Navy chaplain, Father 
Vincent Capodanno. (10 minutes)
    64. Minnick (ID): Would authorize the Secretary of 
Education to provide support to help cover operating costs of 
new state programs under the National Guard Youth Challenge 
Program. (10 minutes)
    65. Perriello (VA): Would ensure that Department of Defense 
in sourcing decisions are performance based by excluding from 
consideration the value of employer sponsored health plans and 
retirement benefits plans provided by both DoD and private 
government contractors. (10 minutes)
    66. Schrader (OR): Would require the Secretary of Defense 
to ensure that each member of a reserve component of the Armed 
Forces who is mobilized or demobilized is provided a clear and 
comprehensive statement of the medical care and treatment to 
which such member is entitled under Federal law by reason of 
being so mobilized or demobilized. (10 minutes)
    67. Schrader (OR): Would instruct the DoD Inspector General 
to conduct a study assessing the medical processing of National 
Guard and Reserve soldiers mobilizing and demobilizing under 
Title X. (10 minutes)
    68. Teague (NM), Markey, Betsy (CO), Perriello (VA), Owens 
(NY): Would provide health insurance to dependents of 
permanently and totally disabled veterans, as well as veterans 
who died from service connected disabilities, through the age 
of 26. Currently under CHAMPVA, which is administered by the 
Department of Veterans' Affairs (VA), coverage can only be 
provided to dependent children up to the age of 23. (10 
minutes)
    69. Titus (NV), Heller (NV), Costa (CA): Would provide the 
Secretary of Defense the flexibility to change the effective 
date of the Homeowners Assistance Program for members of the 
armed forces permanently reassigned during the mortgage crisis. 
(10 minutes)
    70. Tonko (NY): Would express a Sense of Congress 
encouraging the development of next generation semiconductor 
technologies. (10 minutes)
    71. Critz (PA): Would allow military claims offices to pay 
full replacement value, instead of fair market value, on claims 
that fall outside the current contractual arrangements for 
providing full replacement value for the household goods of 
service members and civilian employees moved at the expense of 
the Department of Defense. It would clarify existing law on 
this policy. (10 minutes)
    72. Hinchey (NY): Would require the Department of Defense 
to apply the Buy American Act to the procurement of 
photovoltaic devices purchased through subcontracts. (10 
minutes)
    73. Hinchey (NY), Schakowsky (IL), Moran, James (VA): Would 
require armed private security contractors who are using U.S. 
citizens in Iraq or Afghanistan to hire those individuals as 
direct employees rather than independent contractors. It would 
only apply to U.S. citizens who are required to have U.S. 
security clearances for such contracts and contains a national 
security waiver. (10 minutes)
    74. Klein, Ron (FL): Would require companies that are 
applying for Department of Defense contracts to certify that 
they do not conduct business in Iran, as defined by Section 5 
of the Iran Sanctions Act. It would prohibit any entity that 
cannot complete this certification from receiving Department of 
Defense contracts. (10 minutes)
    75. Connolly (VA): Would require the Secretary of Defense 
to establish monitoring and evaluation mechanisms for its 
programs in the Horn of Africa. (10 minutes)
    76. Connolly (VA): Would standardize federal agency and OPM 
reporting requirements regarding federal internship programs, 
with the goal of improving the conversion rate of interns to 
full time federal employees. (10 minutes)
    77. Pingree (ME), Michaud (ME): Would require the 
Department of Defense to continue commissary and exchange 
stores at BRAC locations with significant military populations 
for one fiscal year after base closure to study the economic 
feasibility of continuing operations at the stores. (10 
minutes)
    78. Grayson (FL): Would require cost or price be given at 
least equal importance in evaluating competitive proposals for 
procurement contracts with the United States Department of 
Defense. (10 minutes)
    79. Murphy, Patrick (PA): Would repeal ``Don't Ask Don't 
Tell'' only after: (1) receipt of the recommendations of the 
Pentagon's Comprehensive Review Working Group on how to 
implement a repeal of DADT (due December 1, 2010) and (2) a 
certification by the Secretary of Defense, Chairman of the 
Joint Chiefs and President that repeal is first, consistent 
with military readiness, military effectiveness, unit cohesion 
& recruiting, and second, that the DoD has prepared the 
necessary policies and regulations to implement its repeal. It 
would also include a 60 day period after certification before 
the repeal took effect. (10 minutes)
    80. Pingree (ME), Rooney (FL), Larson, John (CT), Altmire 
(PA), Berry (AR), Blumenauer (OR), Boren (OK), Cardoza (CA), 
Castor (FL), Cleaver (MO), Cohen (TN), Courtney (CT), Davis, 
Danny K. (IL), Davis, Lincoln (TN), DeFazio (OR), DeGette (CO), 
DeLauro (CT), Ellison (MN), Gonzalez (TX), Gordon (TN), Green, 
Al (TX), Grijalva, Raul (AZ), Hastings, Alcee (FL), Herseth 
Sandlin (SD), Johnson, Hank (GA), Kagen (WI), Meeks, Gregory 
(NY), Moore, Dennis (KS), Murphy, Christopher (CT), Nadler 
(NY), Owens (NY), Polis (CO), Rodriguez (TX), Westmoreland 
(GA): Would strike funding for the Joint Strike Fighter's 
Alternate Engine Program. (10 minutes)
    81. Shea-Porter (NH): Would require a penalty for prime 
contractors that do not provide information to databases on 
contracts in Iraq and Afghanistan, and it adds a reporting 
requirement. The penalty would withhold award and incentive fee 
payments. (10 minutes)
    82. Inslee (WA), Tiahrt (KS), DeLauro (CT), Larsen, Rick 
(WA), Turner (OH), Carnahan (MO): Would require the Department 
of Defense to take into consideration during the KC-X or any 
successor aerial tanker replacement program any unfair 
competitive advantage an offeror may possess, and to report any 
such unfair competitive advantage to Congressional defense 
committees within 60 days of bid submissions. (10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

    1. An Amendment To Be Offered by Representative Skelton, Ike of 
           Missouri or His Designee, Debatable for 10 Minutes

  Page 172, line 10, strike ``of an enlisted member of the 
Armed Forces'' and insert ``of a candidate''.
  Page 172, beginning line 12, strike ``member,'' and insert 
``candidate''.
  Page 172, line 15, insert after ``(1)'' the following: ``is 
an enlisted member of the Armed Forces and''.
  Page 404, line 6, strike ``or later''.
  Page 437, strike line 19 and all that follows through page 
438, line 14 (and redesignate subsequent sections accordingly).
  Page 603, in the table above line 1, in the column titled 
``Installation or Location'', strike ``Miami'' and insert 
``North Fort Myers'', strike ``West Palm Beach'' and insert 
``Tallahassee'', strike ``Kansas City'' and insert ``Belton'', 
strike ``Dallas'' and insert ``Denton'', and strike ``Virginia 
Beach'' and insert ``Fort Story''.
  Page 670, lines 1 and 2, strike ``NATIONAL SECURITY AGENCY'' 
and insert ``DEPARTMENT OF DEFENSE'' (and conform the table of 
contents in section 2(b)).
  Page 670, line 7, strike ``National Security Agency'' and 
insert ``Department of Defense''.
                              ----------                              

  2. An Amendment To Be Offered by Representative Bartlett, Roscoe of 
           Maryland or His Designee, Debatable for 10 Minutes

  Page 28, after line 3, insert the following:

SEC. 113. LIMITATION ON USE OF FUNDS FOR LINE-HAUL TRACTORS.

  (a) Limitation.--None of the funds authorized to be 
appropriated by section 101(5) for other procurement, Army, may 
be obligated or expended by the Secretary of the Army for line-
haul tractors unless the source selection is made based on a 
full and open competition.
  (b) Waiver.--The Secretary of the Army may waive the 
limitation under subsection (a) if the Secretary certifies to 
the congressional defense committees by not later than 90 days 
after the date of the enactment of this Act that a sole source 
selection--
          (1) is needed to fulfill mission requirements; or
          (2) is more cost effective than a full and open 
        competition.
                              ----------                              

    3. An Amendment To Be Offered by Representative Smith, Adam of 
          Washington or His Designee, Debatable for 10 Minutes

  At the end of subtitle I of title V, insert the following:

SEC. 5__. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE UNIFORMED 
                    SERVICES.

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

   ``CHAPTER 44--ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEMBERS OF THE 
                           UNIFORMED SERVICES

``Sec.
``4401. Definitions.
``4402. Leave requirement.
``4403. Certification.
``4404. Employment and benefits protection.
``4405. Prohibited acts.
``4406. Enforcement.
``4407. Miscellaneous provisions.

``Sec. 4401. Definitions

  ``In this chapter:
          ``(1) The terms `benefit', `rights and benefits', 
        `employee', `employer', and `uniformed services' have 
        the meaning given such terms in section 4303 of this 
        title.
          ``(2) The term `contingency operation' has the same 
        meaning given such term in section 101(a)(13) of title 
        10.
          ``(3) The term `eligible employee' means an 
        individual who is--
                  ``(A) a family member of a member of a 
                uniformed service;
                  ``(B) an employee of the employer with 
                respect to whom leave is requested under 
                section 4402 of this title; and
                  ``(C) not entitled to leave under section 
                102(a)(1)(E) of the Family Medical Leave Act of 
                1993 (29 U.S.C. 2612(a)(1)(E)).
          ``(4) The term `family member' means an individual 
        who is, with respect to another individual, one of the 
        following:
                  ``(A) The spouse of the other individual.
                  ``(B) A son or daughter of the other 
                individual.
                  ``(C) A parent of the other individual.
          ``(5) The term `reduced leave schedule' means a leave 
        schedule that reduces the usual number of hours per 
        workweek, or hours per workday, of an employee.
          ``(6) The terms `spouse', `son or daughter', and 
        `parent' have the meaning given such terms in section 
        101 of the Family and Medical Leave Act of 1993 (29 
        U.S.C. 2611).

``Sec. 4402. Leave requirement

  ``(a) Entitlement to Leave.--In any 12-month period, an 
eligible employee shall be entitled to two workweeks of leave 
for each family member of the eligible employee who, during 
such 12-month period--
          ``(1) is in the uniformed services; and
          ``(2)(A) receives notification of an impending call 
        or order to active duty in support of a contingency 
        operation; or
          ``(B) is deployed in connection with a contingency 
        operation.
  ``(b) Leave Taken Intermittently or on Reduced Leave 
Schedule.--(1) Leave under subsection (a) may be taken by an 
eligible employee intermittently or on a reduced leave schedule 
as the eligible employee considers appropriate.
  ``(2) The taking of leave intermittently or on a reduced 
leave schedule pursuant to this subsection shall not result in 
a reduction in the total amount of leave to which the eligible 
employee is entitled under subsection (a) beyond the amount of 
leave actually taken.
  ``(c) Paid Leave Permitted.--Leave granted under subsection 
(a) may consist of paid leave or unpaid leave as the employer 
of the eligible employee considers appropriate.
  ``(d) Relationship to Paid Leave.--(1) If an employer 
provides paid leave to an eligible employee for fewer than the 
total number of workweeks of leave that the eligible employee 
is entitled to under subsection (a), the additional amount of 
leave necessary to attain the total number of workweeks of 
leave required under subsection (a) may be provided without 
compensation.
  ``(2) An eligible employee may elect, and an employer may not 
require the eligible employee, to substitute any of the accrued 
paid vacation leave, personal leave, or family leave of the 
eligible employee for leave provided under subsection (a) for 
any part of the total period of such leave the eligible 
employee is entitled to under such subsection.
  ``(e) Notice for Leave.--In any case in which an eligible 
employee chooses to use leave under subsection (a), the 
eligible employee shall provide such notice to the employer as 
is reasonable and practicable.

``Sec. 4403. Certification

  ``(a) In General.--An employer may require that a request for 
leave under section 4402(a) of this title be supported by a 
certification of entitlement to such leave.
  ``(b) Timeliness of Certification.--An eligible employee 
shall provide, in a timely manner, a copy of the certification 
required by subsection (a) to the employer.
  ``(c) Sufficient Certification.--A copy of the notification, 
call, or order described in section 4402(a)(2) of this title 
shall be considered sufficient certification of entitlement to 
leave for purposes of providing certification under this 
section. The Secretary may prescribe such additional forms and 
manners of certification as the Secretary considers appropriate 
for purposes of providing certification under this section.

``Sec. 4404. Employment and benefits protection

  ``(a) In General.--An eligible employee who takes leave under 
section 4402 of this title for the intended purpose of the 
leave shall be entitled, on return from such leave--
          ``(1) to be restored by the employer to the position 
        of employment held by the eligible employee when the 
        leave commenced; or
          ``(2) to be restored to an equivalent position with 
        equivalent rights and benefits of employment.
  ``(b) Loss of Benefits.--The taking of leave under section 
4402 of this title shall not result in the loss of any 
employment benefit accrued prior to the date on which the leave 
commenced.
  ``(c) Limitations.--Nothing in this section shall be 
construed to entitle any restored employee to--
          ``(1) the accrual of any seniority or employment 
        benefits during any period of leave; or
          ``(2) any right, benefit, or position of employment 
        other than any right, benefit, or position to which the 
        employee would have been entitled had the employee not 
        taken the leave.

``Sec. 4405. Prohibited acts

  ``(a) Exercise of Rights.--It shall be unlawful for any 
employer to interfere with, restrain, or deny the exercise of 
or the attempt to exercise, any right provided under this 
chapter.
  ``(b) Discrimination.--It shall be unlawful for any employer 
to discharge or in any other manner discriminate against any 
individual for opposing any practice made unlawful by this 
chapter.

``Sec. 4406. Enforcement

  ``The provisions of subchapter III of chapter 43 of this 
title shall apply with respect to the provisions of this 
chapter as if such provisions were incorporated into and made 
part of this chapter.

``Sec. 4407. Miscellaneous provisions

  ``The provisions of subchapter IV of chapter 43 of this title 
shall apply with respect to the provisions of this chapter as 
if such provisions were incorporated into and made part of this 
chapter.''.

  (b) Clerical Amendments.--The table of chapters at the 
beginning of title 38, United States Code, and at the beginning 
of part III of such title, are each amended by inserting after 
the item relating to chapter 43 the following new item:

``44. Annual Leave for Family of Deployed Members of the Uniformed 
              Services..........................................4401.''.
                              ----------                              

   4. An Amendment To Be Offered by Representative Marshall, Jim of 
           Georgia or His Designee, Debatable for 10 Minutes

  Page 122, after line 18, insert the following:

SEC. 359. SENSE OF CONGRESS REGARDING FIRE-RESISTANT UTILITY ENSEMBLES 
                    FOR NATIONAL GUARD PERSONNEL IN CIVIL AUTHORITY 
                    MISSIONS.

  It is the sense of Congress that the Chief of the National 
Guard Bureau should issue fire-resistant utility ensembles to 
National Guard personnel who are engaged, or likely to become 
engaged, in defense support to civil authority missions that 
routinely involve serious fire hazards, such as wildfire 
recovery efforts.
                              ----------                              

5. An Amendment To Be Offered by Representative Bordallo, Madeleine of 
             Guam or Her Designee, Debatable for 10 Minutes

  At the end of division A of the bill, insert the following 
new title:

         TITLE XVII--GUAM WORLD WAR II LOYALTY RECOGNITION ACT

SEC. 1701. SHORT TITLE.

  This title may be cited as the ``Guam World War II Loyalty 
Recognition Act''.

SEC. 1702. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF 
                    GUAM.

  (a) Recognition of the Suffering of the Residents of Guam.--
The United States recognizes that, as described by the Guam War 
Claims Review Commission, the residents of Guam, on account of 
their United States nationality, suffered unspeakable harm as a 
result of the occupation of Guam by Imperial Japanese military 
forces during World War II, by being subjected to death, rape, 
severe personal injury, personal injury, forced labor, forced 
march, or internment.
  (b) Recognition of the Loyalty of the Residents of Guam.--The 
United States forever will be grateful to the residents of Guam 
for their steadfast loyalty to the United States of America, as 
demonstrated by the countless acts of courage they performed 
despite the threat of death or great bodily harm they faced at 
the hands of the Imperial Japanese military forces that 
occupied Guam during World War II.

SEC. 1703. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.

  (a) Payments for Death, Personal Injury, Forced Labor, Forced 
March, and Internment.--Subject to the availability of 
appropriations authorized to be appropriated under section 
1706(a), after receipt of certification pursuant to section 
1704(b)(8) and in accordance with the provisions of this title, 
the Secretary of the Treasury shall make payments as follows:
          (1) Residents injured.--The Secretary shall pay 
        compensable Guam victims who are not deceased before 
        any payments are made to individuals described in 
        paragraphs (2) and (3) as follows:
                  (A) If the victim has suffered an injury 
                described in subsection (c)(2)(A), $15,000.
                  (B) If the victim is not described in 
                subparagraph (A) but has suffered an injury 
                described in subsection (c)(2)(B), $12,000.
                  (C) If the victim is not described in 
                subparagraph (A) or (B) but has suffered an 
                injury described in subsection (c)(2)(C), 
                $10,000.
          (2) Survivors of residents who died in war.--In the 
        case of a compensable Guam decedent, the Secretary 
        shall pay $25,000 for distribution to eligible 
        survivors of the decedent as specified in subsection 
        (b). The Secretary shall make payments under this 
        paragraph after payments are made under paragraph (1) 
        and before payments are made under paragraph (3).
          (3) Survivors of deceased injured residents.--In the 
        case of a compensable Guam victim who is deceased, the 
        Secretary shall pay $7,000 for distribution to eligible 
        survivors of the victim as specified in subsection (b). 
        The Secretary shall make payments under this paragraph 
        after payments are made under paragraphs (1) and (2).
  (b) Distribution of Survivor Payments.--Payments under 
paragraph (2) or (3) of subsection (a) to eligible survivors of 
an individual who is a compensable Guam decedent or a 
compensable Guam victim who is deceased shall be made as 
follows:
          (1) If there is living a spouse of the individual, 
        but no child of the individual, all of the payment 
        shall be made to such spouse.
          (2) If there is living a spouse of the individual and 
        one or more children of the individual, one-half of the 
        payment shall be made to the spouse and the other half 
        to the child (or to the children in equal shares).
          (3) If there is no living spouse of the individual, 
        but there are one or more children of the individual 
        alive, all of the payment shall be made to such child 
        (or to such children in equal shares).
          (4) If there is no living spouse or child of the 
        individual but there is a living parent (or parents) of 
        the individual, all of the payment shall be made to the 
        parents (or to the parents in equal shares).
          (5) If there is no such living spouse, child, or 
        parent, no payment shall be made.
  (c) Definitions.--For purposes of this title:
          (1) Compensable guam decedent.--The term 
        ``compensable Guam decedent'' means an individual 
        determined under section 1704(a)(1) to have been a 
        resident of Guam who died or was killed as a result of 
        the attack and occupation of Guam by Imperial Japanese 
        military forces during World War II, or incident to the 
        liberation of Guam by United States military forces, 
        and whose death would have been compensable under the 
        Guam Meritorious Claims Act of 1945 (Public Law 79-224) 
        if a timely claim had been filed under the terms of 
        such Act.
          (2) Compensable guam victim.--The term ``compensable 
        Guam victim'' means an individual determined under 
        section 1704(a)(1) to have suffered, as a result of the 
        attack and occupation of Guam by Imperial Japanese 
        military forces during World War II, or incident to the 
        liberation of Guam by United States military forces, 
        any of the following:
                  (A) Rape or severe personal injury (such as 
                loss of a limb, dismemberment, or paralysis).
                  (B) Forced labor or a personal injury not 
                under subparagraph (A) (such as disfigurement, 
                scarring, or burns).
                  (C) Forced march, internment, or hiding to 
                evade internment.
          (3) Definitions of severe personal injuries and 
        personal injuries.--The Foreign Claims Settlement 
        Commission shall promulgate regulations to specify 
        injuries that constitute a severe personal injury or a 
        personal injury for purposes of subparagraphs (A) and 
        (B), respectively, of paragraph (2).

SEC. 1704. ADJUDICATION.

  (a) Authority of Foreign Claims Settlement Commission.--
          (1) In general.--The Foreign Claims Settlement 
        Commission is authorized to adjudicate claims and 
        determine eligibility for payments under section 1703.
          (2) Rules and regulations.--The chairman of the 
        Foreign Claims Settlement Commission shall prescribe 
        such rules and regulations as may be necessary to 
        enable it to carry out its functions under this title. 
        Such rules and regulations shall be published in the 
        Federal Register.
  (b) Claims Submitted for Payments.--
          (1) Submittal of claim.--For purposes of subsection 
        (a)(1) and subject to paragraph (2), the Foreign Claims 
        Settlement Commission may not determine an individual 
        is eligible for a payment under section 1703 unless the 
        individual submits to the Commission a claim in such 
        manner and form and containing such information as the 
        Commission specifies.
          (2) Filing period for claims and notice.--All claims 
        for a payment under section 1703 shall be filed within 
        one year after the Foreign Claims Settlement Commission 
        publishes public notice of the filing period in the 
        Federal Register. The Foreign Claims Settlement 
        Commission shall provide for the notice required under 
        the previous sentence not later than 180 days after the 
        date of the enactment of this title. In addition, the 
        Commission shall cause to be publicized the public 
        notice of the deadline for filing claims in newspaper, 
        radio, and television media on Guam.
          (3) Adjudicatory decisions.--The decision of the 
        Foreign Claims Settlement Commission on each claim 
        shall be by majority vote, shall be in writing, and 
        shall state the reasons for the approval or denial of 
        the claim. If approved, the decision shall also state 
        the amount of the payment awarded and the distribution, 
        if any, to be made of the payment.
          (4) Deductions in payment.--The Foreign Claims 
        Settlement Commission shall deduct, from potential 
        payments, amounts previously paid under the Guam 
        Meritorious Claims Act of 1945 (Public Law 79-224).
          (5) Interest.--No interest shall be paid on payments 
        awarded by the Foreign Claims Settlement Commission.
          (6) Remuneration prohibited.--No remuneration on 
        account of representational services rendered on behalf 
        of any claimant in connection with any claim filed with 
        the Foreign Claims Settlement Commission under this 
        title shall exceed one percent of the total amount paid 
        pursuant to any payment certified under the provisions 
        of this title on account of such claim. Any agreement 
        to the contrary shall be unlawful and void. Whoever 
        demands or receives, on account of services so 
        rendered, any remuneration in excess of the maximum 
        permitted by this section shall be fined not more than 
        $5,000 or imprisoned not more than 12 months, or both.
          (7) Appeals and finality.--Objections and appeals of 
        decisions of the Foreign Claims Settlement Commission 
        shall be to the Commission, and upon rehearing, the 
        decision in each claim shall be final, and not subject 
        to further review by any court or agency.
          (8) Certifications for payment.--After a decision 
        approving a claim becomes final, the chairman of the 
        Foreign Claims Settlement Commission shall certify it 
        to the Secretary of the Treasury for authorization of a 
        payment under section 1703.
          (9) Treatment of affidavits.--For purposes of section 
        1703 and subject to paragraph (2), the Foreign Claims 
        Settlement Commission shall treat a claim that is 
        accompanied by an affidavit of an individual that 
        attests to all of the material facts required for 
        establishing eligibility of such individual for payment 
        under such section as establishing a prima facie case 
        of the individual's eligibility for such payment 
        without the need for further documentation, except as 
        the Commission may otherwise require. Such material 
        facts shall include, with respect to a claim under 
        paragraph (2) or (3) of section 1703(a), a detailed 
        description of the injury or other circumstance 
        supporting the claim involved, including the level of 
        payment sought.
          (10) Release of related claims.--Acceptance of 
        payment under section 1703 by an individual for a claim 
        related to a compensable Guam decedent or a compensable 
        Guam victim shall be in full satisfaction of all claims 
        related to such decedent or victim, respectively, 
        arising under the Guam Meritorious Claims Act of 1945 
        (Public Law 79-224), the implementing regulations 
        issued by the United States Navy pursuant thereto, or 
        this title.

SEC. 1705. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING 
                    WORLD WAR II.

  (a) Establishment.--Subject to section 1706(b) and in 
accordance with this section, the Secretary of the Interior 
shall establish a grants program under which the Secretary 
shall award grants for research, educational, and media 
activities that memorialize the events surrounding the 
occupation of Guam during World War II, honor the loyalty of 
the people of Guam during such occupation, or both, for 
purposes of appropriately illuminating and interpreting the 
causes and circumstances of such occupation and other similar 
occupations during a war.
  (b) Eligibility.--The Secretary of the Interior may not award 
to a person a grant under subsection (a) unless such person 
submits an application to the Secretary for such grant, in such 
time, manner, and form and containing such information as the 
Secretary specifies.

SEC. 1706. AUTHORIZATION OF APPROPRIATIONS.

  (a) Guam World War II Claims Payments and Adjudication.--For 
purposes of carrying out sections 1703 and 1704, there are 
authorized to be appropriated $126,000,000, to remain available 
for obligation until September 30, 2013, to the Foreign Claims 
Settlement Commission. Not more than 5 percent of funds made 
available under this subsection shall be used for 
administrative costs.
  (b) Guam World War II Grants Program.--For purposes of 
carrying out section 1705, there are authorized to be 
appropriated $5,000,000, to remain available for obligation 
until September 30, 2013.
                              ----------                              

   6. An Amendment To Be Offered by Representative Coffman, Mike of 
          Colorado, or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. DEFENSE INDUSTRIAL BASE PRIORITY FOR RARE EARTH NEODYMIUM 
                    IRON BORON MAGNETS.

  (a) Findings.--Congress finds the following:
          (1) There is an urgent need to restore the United 
        States capability to manufacture sintered neodymium 
        iron boron magnets for use in defense applications and 
        there is an urgent need to eliminate the domestic 
        supply-chain vulnerability related to these key 
        materials in the defense supply-chain.
          (2) An April 14, 2010 report by the Government 
        Accountability Office entitled ``Rare Earth Materials 
        in the Defense Supply Chain'' demonstrates--
                  (A) the ``United States is not currently 
                producing neodymium iron boron magnets,'' a key 
                rare earth material;
                  (B) that future availability of neodymium is 
                largely controlled by Chinese suppliers;
                  (C) that alternatives to rare earth materials 
                could reduce the demand and dependence on rare 
                earth materials in 10 to 15 years, but these 
                materials might not meet current application 
                requirements;
                  (D) where rare earth materials are used in 
                defense systems, the materials are responsible 
                for the functionality of the component and 
                would be difficult to replace without losing 
                performance;
                  (E) fin actuators used in precision-guided 
                munitions are specifically designed around the 
                capabilities of neodymium iron boron rare earth 
                magnets, which are primarily available from 
                Chinese suppliers;
                  (F) the DDG-51 Hybrid Electric Drive Ship 
                Program uses permanent-magnet motors using 
                neodymium magnets from China; and
                  (G) future generations of some defense system 
                components, such as transmit and receive 
                modules for radars, will continue to depend on 
                rare earth materials.
          (3) The United States has the technological 
        capability to restore its neodymium iron boron 
        manufacturing capability.
          (4) Worldwide supplies or rare earth materials, 
        including neodymium, are expected to tighten 
        significantly within the next 3-5 years.
          (5) A domestic effort to restore domestic sintered 
        neodymium iron boron magnet manufacturing capability, 
        including efforts to qualify those magnets for use in 
        defense applications, will take between 3-5 years and 
        should begin immediately to avoid future weapon system 
        delivery disruption.
  (b) Requirement.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the House of Representatives 
and the Senate a plan to establish a domestic source of 
sintered neodymium iron boron magnets for use in the defense 
supply chain.
  (c) Sintered Neodymium Iron Boron Magnets.--For the purposes 
of subsection (b), the capability to manufacture sintered 
neodymium iron boron magnets includes the alloying, pressing, 
and sintering of magnet materials. It does not include 
manufacturing magnets from standard shapes or imported blocks 
of neodymium. The Secretary's plan shall not allow the grinding 
or reprocessing of neodymium to be considered a ``domestic 
source of sintered neodymium iron boron magnets''.
                              ----------                              

 7. An Amendment To Be Offered by Representative Shea-Porter, Carol of 
        New Hampshire or Her Designee, Debatable for 10 Minutes

  At the end of subtitle C of title X, add the following new 
section:

SEC. 1047. STUDY ON COMMON ALIGNMENT OF WORLD REGIONS IN DEPARTMENTS 
                    AND AGENCIES WITH INTERNATIONAL RESPONSIBILITIES.

  (a) Study Required.--The President shall commission a study 
to assess the need for and implications of a common alignment 
of world regions in the internal organization of departments 
and agencies of the Federal Government with international 
responsibilities.
  (b) Participating Departments and Agencies.--The following 
departments and agencies, at a minimum, shall participate in 
the study:
          (1) The Department of Defense, including the 
        combatant commands.
          (2) The Department of State.
          (3) The United States Agency for International 
        Development.
          (4) The Department of Justice.
          (5) The Department of Commerce.
          (6) The Department of the Treasury.
          (7) The intelligence community.
          (8) Such other departments and agencies as the 
        President considers appropriate.
  (c) Cooperation and Access.--The heads of the departments and 
agencies participating in the study shall provide full 
cooperation with, and access to appropriate information to, the 
team carrying out the study.
  (d) Matters Covered.--The study required under subsection (a) 
shall, at a minimum, assess--
          (1) the problems resulting from different geographic 
        boundaries within the various departments and agencies;
          (2) potential obstacles to implementing a common 
        alignment;
          (3) the advantages and disadvantages of a common 
        alignment; and
          (4) impediments to interagency coordination because 
        of differing regional authority levels.
  (e) Report.--The President shall submit to Congress a report 
on the study required under subsection (a) not later than 180 
days after the date of the enactment of this Act.
                              ----------                              

   8. An Amendment To Be Offered by Representative Courtney, Joe of 
         Connecticut or His Designee, Debatable for 10 Minutes

SEC. 599(A). TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM DEPARTMENT OF 
                    EDUCATION TO DEPARTMENT OF DEFENSE.

    (a) Transfer of Functions.--
          (1) Transfer.--The responsibility and authority for 
        operation and administration of the Troops-to-Teachers 
        Program in chapter A of subpart 1 of part C of title II 
        of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 6671 et seq.), is transferred from the 
        Secretary of Education to the Secretary of Defense.
          (2) Effective date.--The transfer under paragraph (1) 
        shall take effect on the first day of the first month 
        beginning more than 180 days after the date of the 
        enactment of this Act, or on such earlier date as the 
        Secretary of Education and the Secretary of Defense may 
        jointly provide.
    (b) Enactment Of Program Authority in Title 10, United 
States Code.--
          (1) In general.--Chapter 58 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 1154. Assistance to eligible members and former members to 
                    obtain employment as teachers: Troops-to-Teachers 
                    Program

    ``(a) Definitions.--In this section:
          ``(1) Program.--The term `Program' means the Troops-
        to-Teachers Program authorized by this section.
          ``(2) Member of the armed forces.--The term member of 
        the armed forces'' includes a former member of the 
        armed forces.
          ``(3) Charter school.--The term `charter school' has 
        the meaning given that term in section 5210 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7221i).
          ``(4) Additional terms.--The terms `elementary 
        school', `highly qualified teacher', `local educational 
        agency', `secondary school', and `state' have the 
        meanings given those terms in section 9101of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).
    ``(b) Program Authorization.--The Secretary may carry out a 
program (to be known as the `Troops-to-Teachers Program')--
          ``(1) to assist eligible members of the armed forces 
        described in subsection (d) to obtain certification or 
        licensing as elementary school teachers, secondary 
        school teachers, or vocational or technical teachers, 
        and to become highly qualified teachers; and
          ``(2) to facilitate the employment of such members--
                  ``(A) by local educational agencies or public 
                charter schools that the Secretary of Education 
                identifies as--
                          ``(i) receiving grants under part A 
                        of title I of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 6301 et. seq.) as a result of 
                        having within their jurisdictions 
                        concentrations of children from low-
                        income families; or
                          ``(ii) experiencing a shortage of 
                        highly qualified teachers, in 
                        particular a shortage of science, 
                        mathematics, special education, or 
                        vocational or technical teachers; and
                  ``(B) in elementary schools or secondary 
                schools, or as vocational or technical 
                teachers.
    ``(c) Placement Assistance and Referral Services.--The 
Secretary may provide placement assistance and referral 
services to members of the armed forces who meet the criteria 
described in subsection (d), including meeting the education 
qualification requirements under subsection (d)(3)(B). Such 
members shall not be eligible for financial assistance under 
paragraphs (3) and (4) of subsection (e).
    ``(d) Eligibility and Application Process.--
          ``(1) Eligible members.--The following members of the 
        armed forces are eligible for selection to participate 
        in the Program:
                  ``(A) Any member who--
                          ``(i) on or after October 1, 1999, 
                        becomes entitled to retired or retainer 
                        pay under this title or title 14;
                          ``(ii) has an approved date of 
                        retirement that is within one year 
                        after the date on which the member 
                        submits an application to participate 
                        in the Program; or
                          ``(iii) has been transferred to the 
                        Retired Reserve.
                  ``(B) Any member who, on or after January 8, 
                2002--
                          ``(i)(I) is separated or released 
                        from active duty after six or more 
                        years of continuous active duty 
                        immediately before the separation or 
                        release; or
                          ``(II) has completed a total of at 
                        least ten years of active duty service, 
                        ten years of service computed under 
                        section 12732 of this title, or ten 
                        years of any combination of such 
                        service; and
                          ``(ii) executes a reserve commitment 
                        agreement for a period of not less than 
                        three years under paragraph (5)(B).
                  ``(C) Any member who, on or after January 8, 
                2002, is retired or separated for physical 
                disability under chapter 61 of this title.
          ``(2) Submission of applications.--(A) Selection of 
        eligible members of the armed forces to participate in 
        the Program shall be made on the basis of applications 
        submitted to the Secretary within the time periods 
        specified in subparagraph (B). An application shall be 
        in such form and contain such information as the 
        Secretary may require.
          ``(B) An application shall be considered to be 
        submitted on a timely basis under subparagraph (A)(i), 
        (B), or (C) of paragraph (1) if the application is 
        submitted not later than four years after the date on 
        which the member is retired or separated or released 
        from active duty, whichever applies to the member.
          ``(3) Selection criteria; educational background 
        requirements and honorable service requirement.--(A) 
        Subject to subparagraphs (B) and (C), the Secretary 
        shall prescribe the criteria to be used to select 
        eligible members of the armed forces to participate in 
        the Program.
          ``(B)(i) If a member of the armed forces is applying 
        for assistance for placement as an elementary school or 
        secondary school teacher, the Secretary shall require 
        the member to have received a baccalaureate or advanced 
        degree from an accredited institution of higher 
        education.
          ``(ii) If a member of the armed forces is applying 
        for assistance for placement as a vocational or 
        technical teacher, the Secretary shall require the 
        member--
                  ``(I) to have received the equivalent of one 
                year of college from an accredited institution 
                of higher education and have six or more years 
                of military experience in a vocational or 
                technical field; or
                  ``(II) to otherwise meet the certification or 
                licensing requirements for a vocational or 
                technical teacher in the State in which the 
                member seeks assistance for placement under the 
                Program.
          ``(C) A member of the armed forces is eligible to 
        participate in the Program only if the member's last 
        period of service in the armed forces was honorable, as 
        characterized by the Secretary concerned. A member 
        selected to participate in the Program before the 
        retirement of the member or the separation or release 
        of the member from active duty may continue to 
        participate in the Program after the retirement, 
        separation, or release only if the member's last period 
        of service is characterized as honorable by the 
        Secretary concerned.
          ``(4) Selection priorities.--In selecting eligible 
        members of the armed forces to receive assistance under 
        the Program, the Secretary shall give priority to 
        members who--
                  ``(A) have educational or military experience 
                in science, mathematics, special education, or 
                vocational or technical subjects; and
                  ``(B) agree to seek employment as science, 
                mathematics, or special education teachers in 
                elementary schools or secondary schools or in 
                other schools under the jurisdiction of a local 
                educational agency.
          ``(5) Other conditions on selection.--
                  ``(A) The Secretary may not select an 
                eligible member of the armed forces to 
                participate in the Program and receive 
                financial assistance unless the Secretary has 
                sufficient appropriations for the Program 
                available at the time of the selection to 
                satisfy the obligations to be incurred by the 
                United States under subsection (e) with respect 
                to the member.
                  ``(B) The Secretary may not select an 
                eligible member of the armed forces described 
                in paragraph (1)(B)(i) to participate in the 
                Program under this section and receive 
                financial assistance under subsection (e) 
                unless the member executes a written agreement 
                to serve as a member of the Selected Reserve of 
                a reserve component of the armed forces for a 
                period of not less than three years (in 
                addition to any other reserve commitment the 
                member may have).
    ``(e) Participation agreement and financial assistance.--
          ``(1) Participation agreement.--(A) An eligible 
        member of the armed forces selected to participate in 
        the Program under subsection (b) and receive financial 
        assistance under this subsection shall be required to 
        enter into an agreement with the Secretary in which the 
        member agrees--
                  ``(i) within such time as the Secretary may 
                require, to obtain certification or licensing 
                as an elementary school teacher, secondary 
                school teacher, or vocational or technical 
                teacher, and to become a highly qualified 
                teacher; and
                  ``(ii) to accept an offer of full-time 
                employment as an elementary school teacher, 
                secondary school teacher, or vocational or 
                technical teacher for not less than three 
                school years with a high-need local educational 
                agency or public charter school, as such terms 
                are defined in section 2102 of the Elementary 
                and Secondary Education Act (20 U.S.C. 6602), 
                to begin the school year after obtaining that 
                certification or licensing.
          ``(B) The Secretary may waive the three-year 
        commitment described in subparagraph (A)(ii) for a 
        participant if the Secretary determines such waiver to 
        be appropriate. If the Secretary provides the waiver, 
        the participant shall not be considered to be in 
        violation of the agreement and shall not be required to 
        provide reimbursement under subsection (f), for failure 
        to meet the three-year commitment.
          ``(2) Violation of participation agreement; 
        exceptions.--A participant in the Program shall not be 
        considered to be in violation of the participation 
        agreement entered into under paragraph (1) during any 
        period in which the participant--
                  ``(A) is pursuing a full-time course of study 
                related to the field of teaching at an 
                institution of higher education;
                  ``(B) is serving on active duty as a member 
                of the armed forces;
                  ``(C) is temporarily totally disabled for a 
                period of time not to exceed three years as 
                established by sworn affidavit of a qualified 
                physician;
                  ``(D) is unable to secure employment for a 
                period not to exceed 12 months by reason of the 
                care required by a spouse who is disabled;
                  ``(E) is a highly qualified teacher who is 
                seeking and unable to find full-time employment 
                as a teacher in an elementary school or 
                secondary school or as a vocational or 
                technical teacher for a single period not to 
                exceed 27 months; or
                  ``(F) satisfies the provisions of additional 
                reimbursement exceptions that may be prescribed 
                by the Secretary.
          ``(3) Stipend for participants.--(A) Subject to 
        subparagraph (B), the Secretary may pay to a 
        participant in the Program selected under this section 
        a stipend in an amount of not more than $5,000.
                  ``(B) The total number of stipends that may 
                be paid under subparagraph (A) in any fiscal 
                year may not exceed 5,000.
          ``(4) Bonus for participants.--(A) Subject to 
        subparagraph (B), the Secretary may, in lieu of paying 
        a stipend under paragraph (3), pay a bonus of $10,000 
        to a participant in the Program selected under this 
        section who agrees in the participation agreement under 
        paragraph (1) to become a highly qualified teacher and 
        to accept full-time employment as an elementary school 
        teacher, secondary school teacher, or vocational or 
        technical teacher for not less than three school years 
        in a high-need school.
          ``(B) The total number of bonuses that may be paid 
        under subparagraph (A) in any fiscal year may not 
        exceed 3,000.
          ``(C) For purposes of subparagraph (A), the term 
        `high-need school' means a public elementary school, 
        public secondary school, or public charter school that 
        meets one or more of the following criteria:
                  ``(i) At least 50 percent of the students 
                enrolled in the school were from low-income 
                families (as described in subsection 
                (b)(2)(A)(i)).
                  ``(ii) The school has a large percentage of 
                students who qualify for assistance under part 
                B of the Individuals with Disabilities 
                Education Act (20 U.S.C. 1411 et. seq.).
          ``(5) Treatment of stipend and bonus.--A stipend or 
        bonus paid under this subsection to a participant in 
        the Program shall be taken into account in determining 
        the eligibility of the participant for Federal student 
        financial assistance provided under title IV of the 
        Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    ``(f) Reimbursement Under Certain Circumstances.--
          ``(1) Reimbursement required.--A participant in the 
        Program who is paid a stipend or bonus under this 
        subsection shall be required to repay the stipend or 
        bonus under the following circumstances:
                  ``(A) The participant fails to obtain teacher 
                certification or licensing, to become a highly 
                qualified teacher, or to obtain employment as 
                an elementary school teacher, secondary school 
                teacher, or vocational or technical teacher as 
                required by the participation agreement under 
                subsection (e)(1).
                  ``(B) The participant voluntarily leaves, or 
                is terminated for cause from, employment as an 
                elementary school teacher, secondary school 
                teacher, or vocational or technical teacher 
                during the three years of required service in 
                violation of the participation agreement.
                  ``(C) The participant executed a written 
                agreement with the Secretary concerned under 
                subsection (d)(5)(B) to serve as a member of a 
                reserve component of the armed forces for a 
                period of three years and fails to complete the 
                required term of service.
          ``(2) Amount of reimbursement.--A participant 
        required to reimburse the Secretary for a stipend or 
        bonus paid to the participant under subsection (e) 
        shall pay an amount that bears the same ratio to the 
        amount of the stipend or bonus as the unserved portion 
        of required service bears to the three years of 
        required service. Any amount owed by the participant 
        shall bear interest at the rate equal to the highest 
        rate being paid by the United States on the day on 
        which the reimbursement is determined to be due for 
        securities having maturities of 90 days or less and 
        shall accrue from the day on which the participant is 
        first notified of the amount due.
          ``(3) Treatment of obligation.--The obligation to 
        reimburse the Secretary under this subsection is, for 
        all purposes, a debt owing the United States. A 
        discharge in bankruptcy under title 11 shall not 
        release a participant from the obligation to reimburse 
        the Secretary under this subsection.
          ``(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under 
        this subsection if the participant becomes permanently 
        totally disabled as established by sworn affidavit of a 
        qualified physician. The Secretary may also waive the 
        reimbursement in cases of extreme hardship to the 
        participant, as determined by the Secretary.
    ``(g) Relationship to Educational Assistance Under 
Montgomery GI Bill.--The receipt by a participant in the 
Program of a stipend or bonus under this subsection (e) shall 
not reduce or otherwise affect the entitlement of the 
participant to any benefits under chapter 30 or 33 of title 38 
or chapter 1606 of this title.
    ``(h) Participation by States.--
          ``(1) Discharge of state activities through consortia 
        of states.--The Secretary may permit States 
        participating in the Program to carry out activities 
        authorized for such States under the Program through 
        one or more consortia of such States.
          ``(2) Assistance to states.--(A) Subject to 
        subparagraph (B), the Secretary may make grants to 
        States participating in the Program, or to consortia of 
        such States, in order to permit such States or 
        consortia of States to operate offices for purposes of 
        recruiting eligible members of the armed forces for 
        participation in the Program and facilitating the 
        employment of participants in the Program as elementary 
        school teachers, secondary school teachers, and 
        vocational or technical teachers.
          ``(B) The total amount of grants made under 
        subparagraph (A) in any fiscal year may not exceed 
        $5,000,000.''.
        (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``1154. Troops-to-Teachers Program.''.

    (c) Conforming Amendment.--Section 1142(b)(4)(C) of such 
title is amended by striking ``under sections 1152 and 1153 of 
this title and the Troops-to-Teachers Program under section 
2302 of the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6672)'' and inserting ``under sections 1152, 1153, and 
1154 of this title''.
    (d) Termination of Original Program.--
          (1) Termination.--
                  (A) Chapter A of subpart 1 of Part C of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6671 et seq.) is repealed.
                  (B) The table of contents in section 2 of 
                Part I of the Elementary and Secondary 
                Education Act 1965 is amended by striking the 
                items relating to chapter A of subpart 1 of 
                Part C of said Act.
          (2) Existing Agreements.--The repeal of such chapter 
        shall not affect the validity or terms of any agreement 
        entered into before the date of the enactment of this 
        Act under chapter A of subpart 1 of Part C of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6671 et seq.), or to pay assistance, make 
        grants, or obtain reimbursement in connection with such 
        an agreement as in effect before such repeal.
    (e) Effective Date.--The amendments made by this section 
shall take effect on the effective date of the transfer under 
subsection (a).

SEC. 599B. ENHANCEMENTS TO THE TROOPS TO TEACHERS PROGRAM.

  (a) Years of Service Requirements.--Subsection (d) of section 
1154 title 10, United States Code, as added by section 599A, is 
amended--
          (1) in paragraph (1)--
                  (A) by striking ``or'' at the end of 
                subparagraph (B);
                  (B) by striking the period at the end of 
                subparagraph (C) and inserting ``; or''; and
                  (C) by adding at the end the following new 
                subparagraph:
                  ``(D) commencing on or after September 11, 
                2001, serves at least four years on active duty 
                (as such term is defined in section 101(d)(1) 
                of this title, except that such term does not 
                include a period of service described in 
                paragraphs (1) through (3) of section 3311(d) 
                of title 38) in the Armed Forces (excluding 
                service on active duty in entry level or skills 
                training) and, after completion of such 
                service, is discharged or released as follows:
                          ``(i) A discharge from active duty in 
                        the armed forces with an honorable 
                        discharge.
                          ``(ii) A release after service on 
                        active duty in the armed forces 
                        characterized by the Secretary 
                        concerned as honorable service and 
                        placement on the retired list, transfer 
                        to the Fleet Reserve or Fleet Marine 
                        Corps Reserve, or placement on the 
                        temporary disability retired list.
                          ``(iii) A release from active duty in 
                        the armed forces for further service in 
                        a reserve component of the armed forces 
                        after service on active duty 
                        characterized by the Secretary 
                        concerned as honorable service.''; and
  (b) Definition of Local Education Agency and Public Charter 
Schools.--Such section is further amended as follows:
          (1) Clause (i) of subsection (b)(2)(A) of such 
        section is amended to read as follows:
                          ``(i) receiving grants under part A 
                        of title I, a Bureau-funded school (as 
                        such term is defined in section 1141 of 
                        the Education Amendments of 1978 (25 
                        U.S.C. 2021(3)), or public charter 
                        school;''.
          (2) In subsection (e)(1)(A)(ii), by striking ``or 
        public charter school receiving grants under part A of 
        title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.)'' and inserting 
        ``receiving grants under part A of title I, a Bureau-
        funded school (as such term is defined in section 1141 
        of the Education Amendments of 1978 (25 U.S.C. 2021(3)) 
        or public charter school''.
  (c) Troops to Teachers Advisory Board.--Such section is 
further amended by adding at the end the following new 
subsection:
  ``(f) Advisory Board.--
          ``(1) Establishment.--Not later than 120 days after 
        the date of enactment of section 1154 of this title, 
        the Secretary of Education and the Secretary of Defense 
        shall establish an advisory board composed of--
                  ``(A) a representative from the Department of 
                Defense;
                  ``(B) a representative from the Department of 
                Education;
                  ``(C) representatives from 3 State offices 
                that operate to recruit eligible members of the 
                armed forces for participation in the Program 
                and facilitating the employment of participants 
                in the Program as elementary school teachers, 
                secondary school teachers, and vocational or 
                technical teachers; and
                  ``(D) a representative from each of 3 veteran 
                service organizations.
          ``(2) Duties.--The advisory board established under 
        subsection (a) shall--
                  ``(A) collect, consider, and disseminate 
                feedback from participants and State offices 
                described in subsection (a)(4) on--
                          ``(i) the best practices for 
                        improving recruitment of eligible 
                        members of the Armed Forces in States, 
                        local educational agencies, and public 
                        charter schools under served by the 
                        Program;
                          ``(ii) ensuring that high-need local 
                        educational agencies and public charter 
                        schools are aware of the Program and 
                        how to participate in it;
                          ``(iii) coordinating the goals of the 
                        Program with other Federal, State, and 
                        local education needs and programs; and
                          ``(iv) other activities that the 
                        advisory board deems necessary; and
                  ``(B) not later than 1 year after the date of 
                the enactment of section 1154 of this title, 
                and annually thereafter, prepare and submit a 
                report to the Committees on Health, Education, 
                Labor, and Pensions and Armed Services of the 
                Senate and the Committees on Education and 
                Labor and Armed Services of the House of 
                Representatives, which shall include--
                          ``(i) information with respect to the 
                        activities of the advisory board;
                          ``(ii) information with respect to 
                        the Program, including--
                                  ``(I) the number of 
                                participants in the Program;
                                  ``(II) the number of States 
                                participating in the Program;
                                  ``(III) local educational 
                                agencies and schools in where 
                                participants are employed;
                                  ``(IV) the grade levels at 
                                which participants teach;
                                  ``(V) the academic subjects 
                                taught by participants;
                                  ``(VI) rates of retention of 
                                participants by the local 
                                educational agencies and public 
                                charter schools employing 
                                participant;
                                  ``(VII) other demographic 
                                information as may be necessary 
                                to evaluate the effectiveness 
                                of the program; and
                                  ``(VIII) a review of the 
                                stipend and bonus available to 
                                participants under paragraphs 
                                (3) and (4)(A) of subsection 
                                (d); and
                          ``(iii) recommendations for--
                                  ``(I) improvements to local, 
                                State, and Federal recruitment 
                                and retention efforts;
                                  ``(II) legislative or 
                                executive policy changes to 
                                improve the Program, enhance 
                                participant experience, and 
                                increase participation in the 
                                program; and
                                  ``(III) other changes 
                                necessary to ensure that the 
                                Program is meeting the purpose 
                                described in subsection (b).''.
                              ----------                              

9. An Amendment To Be Offered by Representative Giffords, Gabrielle of 
           Arizona or Her Designee, Debatable for 10 Minutes

  Page 452, after line 10, insert the following:

SEC. 1065. SHARED INFORMATION REGARDING TRAINING EXERCISES.

    The Secretary of Defense, acting through Joint Task Force 
North, may share with the Department of Homeland Security and 
the Department of Justice any data gathered during training 
exercises.
                              ----------                              

10. An Amendment To Be Offered by Representative Nye, Glenn of Virginia 
               or His Designee, Debatable for 10 Minutes

  Page 79, after line 6, insert the following:

SEC. 244. REPORT ON REGIONAL ADVANCED TECHNOLOGY CLUSTERS.

  (a) Report.--Not later than March 1, 2011, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a report on regional advanced technology clusters.
  (b) Matters Included.--The report under subsection (a) shall 
include the following:
          (1) An analysis of regional advanced technology 
        clusters throughout the United States, including--
                  (A) an estimate of the amount of public and 
                private funding activities within each cluster;
                  (B) an assessment of the technical 
                competencies of each of these regional advanced 
                technology clusters;
                  (C) a comparison of the technical 
                competencies of each regional advanced 
                technology cluster with the technology needs of 
                the Department of Defense; and
                  (D) a review of current Department of Defense 
                interaction, cooperation, or investment in 
                regional advanced technology clusters.
          (2) A strategic plan for encouraging the development 
        of innovative, advanced technologies, such as robotics 
        and autonomous systems, to address national security, 
        homeland security, and first responder challenges by--
                  (A) enhancing regional advanced technology 
                clusters that support the technology needs of 
                the Department of Defense; and
                  (B) identifying and assisting the expansion 
                of additional new regional advanced technology 
                clusters to foster research and development 
                into emerging, disruptive technologies 
                identified through strategic planning documents 
                of the Department of Defense.
          (3) An identification of the resources needed to 
        establish, sustain, or grow regional advanced 
        technology clusters.
          (4) An identification of mechanisms for collaborating 
        and cost sharing with other state, local, and Federal 
        agencies with respect to regional advanced technology 
        clusters, including any legal impediments that may 
        inhibit collaboration or cost sharing.
  (c) Definitions.--In this section:
          (1) The term ``appropriate congressional committees'' 
        means the following:
                  (A) The Committees on Armed Services, 
                Appropriations, and Small Business of the House 
                of Representatives.
                  (B) The Committees on Armed Services, 
                Appropriations, and Small Business and 
                Entrepreneurship of the Senate.
          (2) The term ``regional advanced technology cluster'' 
        means geographic centers focused on building science 
        and technology-based innovation capacity in areas of 
        local and regional strength to foster economic growth 
        and improve quality of life.
                              ----------                              

 11. An Amendment To Be Offered by Representative Kratovil, Jr., Frank 
         of Maryland or His Designee, Debatable for 10 Minutes

SEC. 1038. PROHIBITION ON USE OF FUNDS TO GIVE MIRANDA WARNINGS TO AL 
                    QAEDA TERRORISTS.

  None of the funds authorized to be appropriated in this Act 
or otherwise made available to the Department of Defense shall 
be used in violation of section 1040 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 
Stat. 2454; 10 U.S.C. 801 note).
                              ----------                              

  12. An Amendment To Be Offered by Representative Owens, Bill of New 
             York or His Designee, Debatable for 10 Minutes

  Page 27, line 3, strike ``and''.
  Page 27, line 8, strike the period and insert ``; and''.
  Page 27, after line 8, strike insert the following:
          (5) for each item included in the list of equipment 
        described in paragraph (3)--
                  (A) an updated average procurement unit cost 
                for each year of the covered five-year period; 
                and
                  (B) the updated total Army acquisition 
                objective.
                              ----------                              

  13. An Amendment To Be Offered by Representative McGovern, James of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  Add at the end of subtitle F of title X, the following:

SEC. 1065. FINDINGS AND SENSE OF CONGRESS ON OBESITY AND FEDERAL CHILD 
                    NUTRITION PROGRAMS.

  (a) Findings.--Congress find the following:
          (1) According to the April 2010 report, ``Too Fat to 
        Fight'', more than 100 retired generals and admirals 
        wrote that, ``[o]besity among children and young adults 
        have increased so dramatically that they threaten not 
        only the overall health of America but the future 
        strength of our military.''
          (2) Twenty-seven percent, over 9,000,000, 17-24-year-
        olds in the United States are too fat to serve in the 
        military.
          (3) Between 1995 and 2008, the military had 140,000 
        individuals who showed up at the centers for processing 
        but failed their entrance physicals because they were 
        too heavy.
          (4) Being overweight is now the leading medical 
        reason for rejection from military service.
          (5) Between 1995 and 2008, the proportion of 
        potential recruits who failed their physicals each year 
        because they were overweight rose nearly 70 percent.
          (6) The military annually discharges over 1,200 
        first-term enlistees before their contracts are up 
        because of weight problems.
          (7) The military must then recruit and train their 
        replacements at a cost of $50,000 for each man or 
        woman.
          (8) Training replacements for those discharged 
        because of weight problems adds up to more than 
        $60,000,000 annually.
          (10) Overweight adolescents are more likely to become 
        overweight adults.
          (11) Overweight adolescents and overweight adults are 
        at risk of developing obesity-related, life-threatening 
        diseases including cancer, type 2 diabetes, stroke, 
        heart disease, arthritis, and breathing problems.
          (12) According to the American Public Health 
        Association, ``left unchecked, obesity will add nearly 
        $344 billion to the nations annual health care costs by 
        2018 and account for more than 21 percent of health 
        care spending''.
          (13) Overweight and undernourished adolescents face 
        academic challenges due to poor health behaviors, 
        resulting in even greater risk to their future health 
        and earing and the Nation's economic growth and 
        worldwide competition.
          (14) For decades military leaders have championed 
        efforts to improve the nutrition of young people in 
        America.
          (15) During World War II, 40 percent of rejected 
        recruits were turned away because of poor or under 
        nutrition.
          (16) The preamble to the Richard B. Russell National 
        School Lunch Act (42 U.S.C. 1751) states ``It is hereby 
        declared to be the policy of Congress, as a measure of 
        national security, to safeguard the health and well-
        being of the Nation's children and to encourage the 
        domestic consumption of nutritious agricultural 
        commodities and other food, by assisting the States, 
        through grants in aid and other means, in providing an 
        adequate supply of food and other facilities for the 
        establishment, maintenance, operation and expansion of 
        nonprofit school lunch programs''.
          (17) Over 17 million children were food insecure, or 
        hungry, in 2008, according to data collected by the 
        Department of Agriculture.
          (18) The Federal Child Nutrition Programs under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1751 et seq.) and the Child Nutrition Act of 1966 (42 
        U.S.C. 1771 et seq.) are proven to be effective in 
        combating both hunger and obesity.
          (19) President Obama has called for a historic 
        investment in the Federal Child Nutrition Programs in 
        order to respond to 2 of the greatest child health 
        challenges of our time, hunger and poor nutrition.
          (20) Two hundred twenty-one Members of Congress 
        signed a letter to Speaker Pelosi in support of 
        President Obama's budget request for the Federal Child 
        Nutrition Programs.
          (21) This same letter requested identification of 
        possible offsets for the new investments in these 
        important anti-hunger and nutrition programs.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) reducing domestic childhood obesity and hunger is 
        a matter of national security;
          (2) obesity and hunger will continue to negatively 
        impact recruitment for Armed Forces without access to 
        physical activity, healthy food, and proper nutrition;
          (3) Congress should act to reduce childhood obesity 
        and hunger;
          (4) the Federal Child Nutrition Programs under the 
        Richard B. Russell National School Lunch Act (42 U.S.C. 
        1751 et seq.) and the Child Nutrition Act of 1966 (42 
        U.S.C. 1771 et seq.) should be funded at the 
        President's request; and
          (5) the increases in funding for such programs should 
        be properly offset.
                              ----------                              

  14. An Amendment To Be Offered by Representative McGovern, James of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XII, add the following new 
section:

SEC. 12XX. LIMITATION ON AVAILABILITY OF FUNDS FOR ELECTIONS IN 
                    AFGHANISTAN.

  (a) Limitation.--No funds authorized to be appropriated by 
this Act may be made available to support the holding of 
elections in Afghanistan unless and until the President submits 
a certification described in subsection (b) to the 
congressional officials specified in subsection (c).
  (b) Certification Described.--A certification described in 
this subsection is certification in writing that contains a 
determination of the President of the following:
          (1) The Afghanistan Independent Election Commission 
        has the professional capacity, personnel, skills, 
        independence, and legal authority to conduct and 
        oversee free, fair, and honest elections.
          (2) The Afghanistan Independent Election Commission, 
        to the extent possible, has been purged of all members 
        and staff who committed or were otherwise participants 
        in any fraud of the 2009 presidential elections, 
        including covering up the electoral fraud or otherwise 
        were negligent in investigating allegations of 
        electoral fraud.
          (3) The Afghan Electoral Complaints Commission is a 
        genuinely independent body with all the authorities 
        that were invested in it under Afghanistan law as of 
        December 31, 2009, and with no members appointed by 
        President Hamid Karzai.
  (c) Congressional Officials Specified.--The congressional 
officials specified in this subsection are the following:
          (1) The Speaker and minority leader of the House of 
        Representatives.
          (2) The majority leader and minority leader of the 
        Senate.
          (3) The Chairman and ranking member of the Committee 
        on Armed Services and the Chairman and ranking member 
        of the Committee on Foreign Affairs of the House of 
        Representatives.
          (4) The Chairman and ranking member of the Committee 
        on Armed Services and the Chairman and ranking member 
        of the Committee on Foreign Relations of the Senate.
                              ----------                              

  15. An Amendment To Be Offered by Representative Hastings, Alcee of 
           Florida or His Designee, Debatable for 10 Minutes

  At the end of title XII, add the following:

SEC. 1237. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE UNITED STATES.

  (a) In General.--Not later than 120 days after the date of 
the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of State, the Attorney General, 
the Secretary of Homeland Security, the Administrator of the 
United States Agency for International Development, and the 
heads of other appropriate Federal agencies (as determined by 
the Secretary of Defense), shall submit to the Congress a 
report containing the information described in subsection (b). 
In preparing such report, the Secretary of Defense shall use 
available information from organizations and entities closely 
associated with the United States mission in Iraq that have 
received United States Government funding through an official 
and documented contract, award, grant, or cooperative 
agreement.
  (b) Information.--The information described in this 
subsection is the following:
          (1) The number of Iraqis who were or are employed by 
        the United States Government in Iraq or who are or were 
        employed in Iraq by an organization or entity closely 
        associated with the United States mission in Iraq that 
        has received United States Government funding through 
        an official and documented contract, award, grant, or 
        cooperative agreement.
          (2) The number of Iraqis who have applied--
                  (A) for resettlement in the United States as 
                a refugee under section 1243 of the Refugee 
                Crisis in Iraq Act of 2007 (subtitle C of title 
                XII of division A of Public Law 110-181; 122 
                Stat. 395 et seq.); or
                  (B) to enter the United States as a special 
                immigrant under section 1244 of such Act.
          (3) The status of each application described in 
        paragraph (2).
          (4) The estimated number of individuals described in 
        paragraph (1) who have been injured or killed in Iraq.
  (c) Expedited Processing.--The Secretary of Defense, the 
Secretary of State, and the Secretary of Homeland Security 
shall develop a plan using the report submitted under 
subsection (a) to expedite the processing of the applications 
described in subsection (b)(2) in the case of Iraqis at risk as 
the United States withdraws from Iraq.
                              ----------                              

  16. An Amendment To Be Offered by Representative Sessions, Pete of 
            Texas or His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title VII, insert the following:

SEC. 7__. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE 
                    ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN 
                    INJURY AND POST-TRAUMATIC STRESS DISORDER.

  (a) Payment Process.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall carry out a five-year pilot 
program under which each such Secretary shall establish a 
process through which each Secretary shall provide payment for 
treatments (including diagnostic testing) of traumatic brain 
injury or post-traumatic stress disorder received by members of 
the Armed Forces and veterans in health care facilities other 
than military treatment facilities or Department of Veterans 
Affairs medical facilities. Such process shall provide that 
payment be made directly to the health care facility furnishing 
the treatment.
  (b) Conditions for Payment.--The approval by a Secretary for 
payment for a treatment pursuant to subsection (a) shall be 
subject to the following conditions:
          (1) Any drug or device used in the treatment must be 
        approved or cleared by the Food and Drug Administration 
        for any purpose.
          (2) The treatment or study protocol used in treating 
        the member or veteran must have been approved by an 
        institutional review board operating in accordance with 
        regulations issued by the Secretary of Health and Human 
        Services.
          (3) The approved treatment or study protocol 
        (including any patient disclosure requirements) must be 
        used by the health care provider delivering the 
        treatment.
          (4) The patient receiving the treatment or study 
        protocol must demonstrate an improvement as a result of 
        the treatment on one or more of the following:
                  (A) Standardized independent pre-treatment 
                and post-treatment neuropsychological testing.
                  (B) Accepted survey instruments.
                  (C) Neurological imaging.
                  (D) Clinical examination.
          (5) The patient receiving the treatment or study 
        protocol must be receiving the treatment voluntarily.
          (6) The patient receiving the treatment may not be a 
        retired member of the uniformed services or of the 
        Armed Forces who is entitled to benefits under part A, 
        or eligible to enroll under part B, of title XVIII of 
        the Social Security Act.
  (c) Additional Restrictions Prohibited.--Except as provided 
in this subsection (b), no restriction or condition for 
reimbursement may be placed on any health care provider that is 
operating lawfully under the laws of the State in which the 
provider is located with respect to the receipt of payment 
under this Act.
  (d) Payment Deadline.--The Secretary of Defense and the 
Secretary of Veterans Affairs shall make a payment for a 
treatment or study protocol pursuant to subsection (a) not 
later than 30 days after a member of the Armed Forces or 
veteran (or health care provider on behalf of such member or 
veteran) submits to the Secretary documentation regarding the 
treatment or study protocol. The Secretary of Defense and the 
Secretary of Veterans Affairs shall ensure that the 
documentation required under this subsection may not be an 
undue burden on the member of the Armed Forces or veteran or on 
the health care provider.
  (e) Payment Source.--Subsection (c)(1) of section 1074 of 
title 10, United States Code, shall apply with respect to the 
payment by the Secretary of Defense for treatment or study 
protocols pursuant to subsection (a) of traumatic brain injury 
and post-traumatic stress disorder received by members of the 
Armed Forces.
  (f) Payment Amount.--A payment under this Act shall be made 
at the equivalent Centers for Medicare and Medicaid Services 
reimbursement rate in effect for appropriate treatment codes 
for the State or territory in which the treatment or study 
protocol is received. If no such rate is in effect, payment 
shall be made at a fair market rate, as determined by the 
Secretary of Defense, in consultation with the Secretary of 
Health and Human Services, with respect to a patient who is a 
member of the Armed Forces or the Secretary of Veterans Affairs 
with respect to a patient who is a veteran.
  (g) Data Collection and Availability.--
          (1) In general.--The Secretary of Defense and the 
        Secretary of Veterans Affairs shall jointly develop and 
        maintain a database containing data from each patient 
        case involving the use of a treatment under this 
        section. The Secretaries shall ensure that the database 
        preserves confidentiality and be made available only--
                  (A) for third-party payer examination;
                  (B) to the appropriate congressional 
                committees and employees of the Department of 
                Defense, the Department of Veterans Affairs, 
                the Department of Health and Human Services, 
                and appropriate State agencies; and
                  (C) to the primary investigator of the 
                institutional review board that approved the 
                treatment or study protocol, in the case of 
                data relating to a patient case involving the 
                use of such treatment or study protocol.
          (2) Enrollment in institutional review board study.--
        In the case of a patient enrolled in a registered 
        institutional review board study, results may be 
        publically distributable in accordance with the 
        regulations prescribed pursuant to the Health Insurance 
        Portability and Accountability Act of 1996 (Public Law 
        104-191) and other regulations and practices in effect 
        as of the date of the enactment of this Act.
          (3) Qualified institutional review boards.--The 
        Secretary of Defense and the Secretary of Veterans 
        Affairs shall each ensure that the Internet website of 
        their respective departments includes a list of all 
        civilian institutional review board studies that have 
        received a payment under this Act.
  (h) Assistance for Members To Obtain Treatment.--
          (1) Assignment to temporary duty.--The Secretary of a 
        military department may assign a member of the Armed 
        Forces under the jurisdiction of the Secretary to 
        temporary duty or allow the member a permissive 
        temporary duty in order to permit the member to receive 
        treatment or study protocol for traumatic brain injury 
        or post-traumatic stress disorder, for which payments 
        shall be made under subsection (a), at a location 
        beyond reasonable commuting distance of the member's 
        permanent duty station.
          (2) Payment of per diem.--A member who is away from 
        the member's permanent station may be paid a per diem 
        in lieu of subsistence in an amount not more than the 
        amount to which the member would be entitled if the 
        member were performing travel in connection with a 
        temporary duty assignment.
          (3) Gift rule waiver.--Notwithstanding any rule of 
        any department or agency with respect to ethics or the 
        receipt of gifts, any assistance provided to a member 
        of the Armed Forces with a service-connected injury or 
        disability for travel, meals, or entertainment 
        incidental to receiving treatment or study protocol 
        under this Act, or for the provision of such treatment 
        or study protocol, shall not be subject to or covered 
        by any such rule.
  (i) Retaliation Prohibited.--No retaliation may be made 
against any member of the Armed Forces or veteran who receives 
treatment or study protocol as part of registered institutional 
review board study carried out by a civilian health care 
practitioner.
  (j) Treatment of University and Nationally Accredited 
Institutional Review Boards.--For purposes of this Act, a 
university-affiliated or nationally accredited institutional 
review board shall be treated in the same manner as a 
Government institutional review board.
  (k) Memoranda of Understanding.--The Secretary of Defense and 
the Secretary of Veterans Affairs shall seek to expeditiously 
enter into memoranda of understandings with civilian 
institutional review boards described in subsection (j) for the 
purpose of providing for members of the Armed Forces and 
veterans to receive treatment carried out by civilian health 
care practitioners under a treatment or study protocol approved 
by and under the oversight of civilian institutional review 
boards that would qualify for payment under this Act.
  (l) Outreach Required.--
          (1) Outreach to veterans.--The Secretary of Veterans 
        Affairs shall notify each veteran with a service-
        connected injury or disability of the opportunity to 
        receive treatment or study protocol pursuant to this 
        Act.
          (2) Outreach to members of the armed forces.--The 
        Secretary of Defense shall notify each member of the 
        Armed Forces with a service-connected injury or 
        disability of the opportunity to receive treatment or 
        study protocol pursuant to this Act.
  (m) Report to Congress.--Not later than 30 days after the 
last day of each fiscal year during which the Secretary of 
Defense and the Secretary of Veterans Affairs are authorized to 
make payments under this Act, the Secretaries shall jointly 
submit to Congress an annual report on the implementation of 
this Act. Such report shall include each of the following for 
that fiscal year:
          (1) The number of individuals for whom the Secretary 
        has provided payments under this Act.
          (2) The condition for which each such individual 
        receives treatment for which payment is provided under 
        this Act and the success rate of each such treatment.
          (3) Treatment methods that are used by entities 
        receiving payment provided under this Act and the 
        respective rate of success of each such method.
          (4) The recommendations of the Secretaries with 
        respect to the integration of treatment methods for 
        which payment is provided under this Act into 
        facilities of the Department of Defense and Department 
        of Veterans Affairs.
  (n) Termination.--The authority to make a payment under this 
Act shall terminate on the date that is five years after the 
date of the enactment of this Act.
  (o) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this Act $10,000,000 for each 
fiscal year during which the Secretary of Veterans Affairs and 
the Secretary of Defense are authorized to make payments under 
this Act.
                              ----------                              

   17. An Amendment To Be Offered by Representative Polis, Jared of 
           Colorado or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title III, add the following new 
section:

SEC. 3_. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.

  Section 526 of the Energy Independence and Security Act of 
2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--
          (1) by striking ``No Federal agency'' and inserting 
        ``(a) Requirement.--Except as provided in subsection 
        (b), no Federal agency''; and
          (2) by adding at the end the following:
  ``(b) Exception.--Subsection (a) does not prohibit a Federal 
agency from entering into a contract to purchase a generally 
available fuel that is not an alternative or synthetic fuel or 
predominantly produced from a nonconventional petroleum source, 
if--
          ``(1) the contract does not specifically require the 
        contractor to provide an alternative or synthetic fuel 
        or fuel from a nonconventional petroleum source;
          ``(2) the purpose of the contract is not to obtain an 
        alternative or synthetic fuel or fuel from a 
        nonconventional petroleum source; and
          ``(3) the contract does not provide incentives for a 
        refinery upgrade or expansion to allow a refinery to 
        use or increase its use of fuel from a nonconventional 
        petroleum source.''.
                              ----------                              

   18. An Amendment To Be Offered by Representative Dingell, John of 
          Michigan or His Designee, Debatable for 10 Minutes.

  Page 84, after line 24, insert the following:

SEC. 315. INFORMATION SHARING RELATING TO INVESTIGATION OF EXPOSURE TO 
                    DRINKING WATER CONTAMINATION AT CAMP LEJEUNE, NORTH 
                    CAROLINA.

  (a) Findings.--Congress makes the following findings:
          (1) The Secretary of the Navy and Commandant of the 
        Marine Corps are responsible for the identification and 
        timely sharing of all relevant records relating to the 
        Camp Lejeune base-wide drinking-water systems, 
        including all records of which the Agency for Toxic 
        Substances and Disease Registry (hereinafter in this 
        section referred to as the ``ATSDR'') may not be aware 
        and all records that are in the possession of the 
        Department of Defense, and all contractors, sub-
        contractors, and consultants of the Department but may 
        no longer be located at the Camp Lejeune base.
          (2) On April 28, 2009, during a Camp Lejeune 
        Community Assistance Panel (hereinafter in this section 
        referred to as ``CAP'') meeting, it was stated by the 
        ATSDR that it had recently discovered electronic data 
        on a ``hundred or more underground storage and above-
        ground storage tanks'' housed on a Naval Facilities 
        Engineering Command Internet web portal.
          (3) This revelation occurred after the ATSDR 
        requested in 2005 that all relevant data for its health 
        studies be turned over from the Department of Defense 
        to the agency, and the response by the Department's CAP 
        representative was that the information was ``not new, 
        just newly found.''
          (4) On March 22, 2010, the ATSDR stated in a letter 
        to the Navy and Marine Corps that the ATSDR was 
        informed for the first time of an electronic database 
        containing approximately 700,000 records of analytical 
        data.
          (5) In a response letter, dated March 26, 2010, the 
        Navy stated that ``the Marine Corps is neither in a 
        position to determine the relevance of information nor 
        does it have the subject matter expertise to determine 
        the relevance of documents in all cases.''.
          (6) It is necessary that the Secretary of the Navy be 
        required to add or assign personnel with the relevant 
        expertise to complete the transfer of all documents and 
        materials pertaining to the contaminated drinking water 
        at Camp Lejeune.
          (7) Discovery of such records must not rely on 
        specific requests from the ATSDR but on a shared goal 
        of ensuring the scientific accuracy of the current 
        health study and the responsibility of the Secretary of 
        Defense to provide such information.
  (b) Requirement.--By not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall 
provide ATSDR with an electronic inventory of all existing 
documents, records, and electronic data pertaining to the 
CERCLA listed and RCRA listed contamination sites at Camp 
Lejeune and all existing documents, records, and electronic 
data pertaining to the contaminated drinking water at Camp 
Lejeune. If after the date of enactment of this Act, the 
Secretary of Defense generates new documents, records and 
electronic data, or comes into possession of existing 
documents, records or electronic data not previously included 
in the electronic inventory, the Secretary of the Navy shall 
provide ATSDR with an updated electronic inventory 
incorporating the newly located or generated documents, records 
and electronic data. The Secretary of the Navy shall ensure 
that Department of Defense personnel with appropriate 
experience and expertise, including in the area of 
environmental engineering and the conduct of water modeling, 
working in conjunction with ATSDR, are utilized to identify, 
compile, and submit existing and new documents, records, and 
electronic data in Navy and Marine Corps records and electronic 
libraries that would assist the ATSDR in gathering data 
relating to the contamination and remediation of Camp Lejeune 
base-wide drinking-water systems.
                              ----------                              

 19. An Amendment To Be Offered by Representative Conyers Jr., John of 
           Michigan or His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title XII, add the following new 
section:

SEC. 12XX. REPORT ON THE STRATEGIC IMPLICATIONS OF THE SUCCESSFUL 
                    NEGOTIATION OF AN INCIDENTS AT SEA AGREEMENT 
                    BETWEEN THE UNITED STATES AND THE GOVERNMENT OF 
                    IRAN.

  (a) Report Required.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretary of State, shall submit to the 
appropriate congressional committees a report evaluating naval 
security in the Persian Gulf and the Strait of Hormuz.
  (b) Matters to Be Included.--The report required under 
subsection (a) shall include an assessment of the strategic 
benefits of the successful negotiation of a multilateral or 
bilateral Incidents at Sea military-to-military agreement 
including the United States and the Government of Iran aimed at 
defusing tension and preventing accidental naval conflict in 
the Persian Gulf and the Strait of Hormuz. Such an assessment 
should consider and evaluate the effect that such an agreement 
might have on commercial, military, and other naval traffic in 
the region, as well as other United States regional strategic 
interests.
  (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
                              ----------                              

20. An Amendment To Be Offered by Representative Burton, Dan of Indiana 
               or His Designee, Debatable for 10 Minutes

  Page 452, after line 10, insert the following:

SEC. 1065. SENSE OF CONGRESS REGARDING PRESIDENTIAL LETTERS OF 
                    CONDOLENCE TO THE FAMILIES OF MEMBERS OF THE ARMED 
                    FORCES WHO HAVE DIED BY SUICIDE.

  (a) Findings.--Congress finds that--
          (1) suicide is a growing problem in the Armed Forces 
        that cannot be ignored;
          (2) a record number of military suicides was reported 
        in 2008, with 128 active-duty Army and 48 Marine deaths 
        reported;
          (3) the number of military suicides during 2009 is 
        expected to equal or exceed the 2008 total;
          (4) long-standing policy prevents President Obama 
        from sending a condolence letter to the family of a 
        member of the Armed Forces who has died by suicide;
          (5) members of the Armed Forces sacrifice their 
        physical, mental, and emotional well-being for the 
        freedoms Americans hold dear;
          (6) the military family also bears the cost of 
        defending the United States, with military spouses and 
        children sacrificing much and standing ready to provide 
        unending support to their spouse or parent who is a 
        member of the Armed Forces;
          (7) the loss of a member of the Armed Forces to 
        suicide directly and tragically affects military 
        spouses and children, as well as the United States;
          (8) much more needs to be done to protect and address 
        the mental health needs of members of the Armed Forces, 
        just as they serve to protect and defend the freedoms 
        of the United States;
          (9) a presidential letter of condolence is not only 
        about the deceased because it also serves as a sign of 
        respect for the grieving family and an acknowledgment 
        of the family for their personal loss; and
          (10) a lack of acknowledgment and condolence from the 
        President only leaves these families with an emotional 
        vacuum and a feeling that somehow their sacrifices have 
        been less than the sacrifices of others.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the current policy that prohibits sending a 
        presidential letter of condolence to the family of a 
        member of the Armed Forces who has died by suicide only 
        serves to perpetuate the stigma of mental illness that 
        pervades the Armed Forces; and
          (2) the President, as Commander-in-Chief, should 
        overturn the policy and treat all military families 
        equally.
                              ----------                              

  21. An Amendment To Be Offered by Representative Gutierrez, Luis of 
           Illinois or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. DEBARMENT OF BP AND ITS SUBSIDIARIES.

  (a) Contracts With BP and Its Subsidiaries.--If the Secretary 
of Defense determines that BP or any of its subsidiaries 
performing any contract with the Department of Defense is no 
longer a responsible source (as defined in section 2302 of 
title 10, United States Code), the Secretary shall determine, 
not later than 90 days after making such determination, whether 
BP or its subsidiaries should be debarred from contracting with 
the Department of Defense.
  (b) Debar.--In this section, the term ``debar'' has the 
meaning given that term by section 2393(c) of title 10, United 
States Code.
                              ----------                              

    22. An Amendment To Be Offered by Representative Holden, Tim of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  At the end of subtitle H of title V, add the following new 
section:

SEC. 5__. ESTABLISHMENT OF COMBAT MEDEVAC BADGE.

  (a) Army.--
          (1) In general.--Chapter 357 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 3757. Combat Medevac Badge

  ``(a) Issuance.--The Secretary of the Army shall issue a 
badge of appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Army served in 
combat on or after June 25, 1950, as a pilot or crew member of 
a helicopter medical evacuation ambulance and who meets the 
requirements for the award of that badge.
  ``(b) Eligibility Requirements.--The Secretary of the Army 
shall prescribe requirements for eligibility for the Combat 
Medevac Badge.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``3757. Combat Medevac Badge''.

  (b) Navy and Marine Corps.--
          (1) In general.--Chapter 567 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 6259. Combat Medevac Badge

  ``(a) Issuance.--The Secretary of the Navy shall issue a 
badge of appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Navy or Marine 
Corps served in combat on or after June 25, 1950, as a pilot or 
crew member of a helicopter medical evacuation ambulance and 
who meets the requirements for the award of that badge.
  ``(b) Eligibility Requirements.--The Secretary of the Navy 
shall prescribe requirements for eligibility for the Combat 
Medevac Badge.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``6259. Combat Medevac Badge''.

  (c) Air Force.--
          (1) In general.--Chapter 857 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 8757. Combat Medevac Badge

  ``(a) Issuance.--The Secretary of the Air Force shall issue a 
badge of appropriate design, to be known as the Combat Medevac 
Badge, to each person who while a member of the Air Force 
served in combat on or after June 25, 1950, as a pilot or crew 
member of a helicopter medical evacuation ambulance and who 
meets the requirements for the award of that badge.
  ``(b) Eligibility Requirements.--The Secretary of the Air 
Force shall prescribe requirements for eligibility for the 
Combat Medevac Badge.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``8757. Combat Medevac Badge''.

  (d) Award for Service Before Date of Enactment.--In the case 
of persons who, while a member of the Armed Forces, served in 
combat as a pilot or crew member of a helicopter medical 
evacuation ambulance during the period beginning on June 25, 
1950, and ending on the date of enactment of this Act, the 
Secretary of the military department concerned shall issue the 
Combat Medevac Badge--
          (1) to each such person who is known to the Secretary 
        before the date of enactment of this Act; and
          (2) to each such person with respect to whom an 
        application for the issuance of the badge is made to 
        the Secretary after such date in such manner, and 
        within such time period, as the Secretary may require.
                              ----------                              

23. An Amendment To Be Offered by Representative Pomeroy, Earl of North 
            Dakota or His Designee, Debatable for 10 Minutes

  At the end of subtitle I of title V, add the following new 
section:

SEC. 5__. CODIFICATION AND CONTINUATION OF JOINT FAMILY SUPPORT 
                    ASSISTANCE PROGRAM.

  (a) Codification and Continuation.--Chapter 88, of title 10, 
United States Code, is amended by inserting after section 1788 
the following new section:

``Sec. 1788a. Joint Family Support Assistance Program

  ``(a) Program Required.--The Secretary of Defense shall 
continue to carry out the program known as the `Joint Family 
Support Assistance Program' for the purpose of providing to 
families of members of the armed forces the following types of 
assistance:
          ``(1) Financial and material assistance.
          ``(2) Mobile support services.
          ``(3) Sponsorship of volunteers and family support 
        professionals for the delivery of support services.
          ``(4) Coordination of family assistance programs and 
        activities provided by Military OneSource, Military 
        Family Life Consultants, counselors, the Department of 
        Defense, other Federal agencies, State and local 
        agencies, and non-profit entities.
          ``(5) Facilitation of discussion on military family 
        assistance programs, activities, and initiatives 
        between and among the organizations, agencies, and 
        entities referred to in paragraph (4).
          ``(6) Non-medical counseling.
          ``(7) Such other assistance that the Secretary 
        considers appropriate.
  ``(b) Locations.--The Secretary of Defense shall carry out 
the program in at least six areas of the United States selected 
by the Secretary. Up to three of the areas selected for the 
program shall be areas that are geographically isolated from 
military installations.
  ``(c) Resources and Volunteers.--The Secretary of Defense 
shall provide personnel and other resources of the Department 
of Defense necessary for the implementation and operation of 
the program and may accept and utilize the services of non-
Government volunteers and non-profit entities under the 
program.
  ``(d) Procedures.--The Secretary of Defense shall establish 
procedures for the operation of the program and for the 
provision of assistance to families of members of the Armed 
Forces under the program.
  ``(e) Relation to Family Support Centers.--The program is not 
intended to operate in lieu of other family support centers, 
but is instead intended to augment the activities of the family 
support centers.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of subchapter I of such chapter is amended by 
inserting after the item relating to section 1788a the 
following new item:

``1788a. Joint Family Support Assistance Program.''.

  (c) Repeal of Superceded Provision.--Section 675 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 
(Public Law 109-364; 119 Stat. 2273; 10 U.S.C. 1781 note) is 
repealed.
                              ----------                              

24. An Amendment To Be Offered by Representative Jackson Lee, Sheila of 
            Texas or Her Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. REPORT RELATED TO MINORITY-OWNED, WOMEN-OWNED, AND 
                    DISADVANTAGED-OWNED SMALL BUSINESSES.

  Not later than December 1, 2010, the Secretary of Defense 
shall provide to the Congressional Black Caucus a report that 
includes a list of minority-owned, women-owned, and 
disadvantaged-owned small businesses that receive contracts 
resulting from authorized funding to the Department of Defense. 
The list shall cover the 10 calendar years preceding the date 
of the enactment of this Act and shall include, for each listed 
business, the name of the business and the business owner and 
the amount of the contract award.
                              ----------                              

25. An Amendment To Be Offered by Representative Jackson Lee, Sheila of 
            Texas or Her Designee, Debatable for 10 Minutes

  Page 284, after line 22, insert the following:

SEC. 727. POST-TRAUMATIC STRESS DISORDER COUNSELING FOR CIVILIAN 
                    VICTIMS OF THE FORT HOOD SHOOTING AND OTHER SIMILAR 
                    INCIDENTS.

  The Secretary of Defense shall make available to each 
civilian victim of a shooting on a military installation in the 
United States, including the shooting at Fort Hood on November 
5, 2009, extensive counseling for post-traumatic stress 
disorder.
                              ----------                              

26. An Amendment To Be Offered by Representative Latham, Tom of Iowa or 
                 His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title VI, add the following new 
section:

SEC. 6__. SENSE OF CONGRESS CONCERNING AGE AND SERVICE REQUIREMENTS FOR 
                    RETIRED PAY FOR NON-REGULAR SERVICE.

  It is the sense of Congress that--
          (1) the amendments made to section 12731 of title 10, 
        United States Code, by section 647 of the National 
        Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 160) were intended to reduce the 
        minimum age at which members of a reserve component of 
        the Armed Forces would begin receiving retired pay 
        according to time spent deployed, by three months for 
        every 90-day period spent on active duty over the 
        course of a career, rather than limiting qualifying 
        time to such periods wholly served within the same 
        fiscal year, as interpreted by the Department of 
        Defense; and
          (2) steps should be taken to correct this erroneous 
        interpretation by the Department of Defense in order to 
        ensure reserve component members receive the full 
        retirement benefits intended to be provided by such 
        section 12731.
                              ----------                              

 27. An Amendment To Be Offered by Representative Kennedy, Patrick of 
         Rhode Island or His Designee, Debatable for 10 Minutes

  Page 274, after line 13, insert the following:
                  (E) neurology;
  Page 274, line 14, strike ``(E)'' and insert ``(F)''.
  Page 274, line 15, strike ``(F)'' and insert ``(G)''.
  Page 274, line 16, strike ``(G)'' and insert ``(H)''.
  Page 274, line 17, strike ``(H)'' and insert ``(I)''.
                              ----------                              

  28. An Amendment To Be Offered by Representative Etheridge, Bob of 
        North Carolina or His Designee, Debatable for 10 Minutes

  Page 633, after line 10, add the following:

SEC. 2815. CLARIFICATION OF AUTHORITY OF SECRETARY TO ASSIST WITH 
                    DEVELOPMENT OF PUBLIC INFRASTRUCTURE IN CONNECTION 
                    WITH THE ESTABLISHMENT OR EXPANSION OF A MILITARY 
                    INSTALLATION.

  Section 2391(b) of title 10, United States Code, is amended--
          (1) in paragraph (1), by adding at the end the 
        following:
        ``If the proposed or actual establishment or expansion 
        of a military installation would otherwise qualify a 
        State or local government for assistance under this 
        paragraph and is the result of base realignment and 
        closure activities authorized by the Defense Base 
        Closure and Realignment Act of 1990 (10 U.S.C. 2687 
        note), the Secretary may make grants, conclude 
        cooperative agreements, and supplement funds available 
        under Federal programs administered by agencies other 
        than the Department of Defense in order to assist the 
        State or local government with development of the 
        public infrastructure (including construction) required 
        by the proposed or actual establishment or 
        expansion.''; and
          (2) in paragraph (5)(A), by striking ``in planning 
        community adjustments and economic diversification'' 
        and inserting ``as provided in paragraph (1)''.
                              ----------                              

29. An Amendment To Be Offered by Representative Pascrell Jr., Bill of 
          New Jersey or His Designee, Debatable for 10 Minutes

  Page 279, after line 16, insert the following:
  (e) Cognitive Impairment Screenings.--Until the comprehensive 
policy under subsection (a) is implemented, the Secretary shall 
use the same cognitive screening tool for pre-deployment and 
post-deployment screening to compare new data to previous 
baseline data for the purposes of detecting cognitive 
impairment (as described in section 1618(e)(6) of the Wounded 
Warrior Act (title XVI of Public Law 110-181; 10 U.S.C. 1071 
note)) for each member of the Armed Forces--
          (1) who returns from a deployment in support of a 
        contingency operation; and
          (2) who completed a neurocognitive assessment prior 
        to the implementation of a new pre-deployment and post-
        deployment screening tool.
  (f) Conclusion of Studies on Cognitive Assessment Tools.--Not 
later than September 30, 2011, the Secretary of Defense shall 
complete any outstanding comparative studies on the 
effectiveness of various cognitive screening tools, including 
existing tools used for pre-deployment and post-deployment 
screenings, for the implementation of the comprehensive policy 
under subsection (a).
                              ----------                              

   30. An Amendment To Be Offered by Representative Shadegg, John of 
           Arizona or His Designee, Debatable for 10 Minutes

  Page 260, after line 19, insert the following:

SEC. 674. EXCLUSION OF PERSONS CONVICTED OF COMMITTING CERTAIN SEX 
                    OFFENSES FROM RECEIVING CERTAIN BURIAL-RELATED 
                    BENEFITS AND FUNERAL HONORS.

  (a) Prohibition Against Interment or Memorialization in 
National Cemetery Administration, Arlington National Cemetery, 
and Certain State Veterans' Cemeteries; Prohibition Against 
Provision of Presidential Memorial Certificate, Flag, and 
Headstone or Marker.--Section 2411(b) of title 38, United 
States Code, is amended by adding at the end the following new 
paragraph:
          ``(4) A person who is classified as a tier III sex 
        offender under the Sex Offender Registration and 
        Notification Act.''.
  (b) Rule of Construction.--Nothing in this Act shall be 
construed to terminate any benefit available to any person 
except those benefits specifically terminated by the amendment 
made by subsection (a).
  (c) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to interments and memorializations 
that occur on or after the date of the enactment of this Act.
  (d) Constitutional Authority.--The constitutional authority 
on which this section rests is the power of Congress to make 
rules for the government and regulation of the land and naval 
forces, as enumerated in article I, section 8, clause 14 of the 
United States Constitution.
                              ----------                              

   31. An Amendment To Be Offered by Representative Lee, Barbara of 
          California or Her Designee, Debatable for 10 Minutes

  Page 323, after line 11, insert the following:

SEC. 839. SENSE OF CONGRESS REGARDING COST SAVINGS THROUGH REDUCTIONS 
                    IN WASTE, FRAUD, AND ABUSE.

  (a) Findings.--Congress finds the following:
          (1) The Secretary of Defense has undertaken 
        meaningful efforts to eliminate waste, fraud, and abuse 
        through contractor oversight and new policies and 
        procedures aimed at increasing emphasis on ethics, 
        governance, and fraud prevention.
          (2) The Government Accountability Office report dated 
        December 16, 2009, on the status of 3,099 
        recommendations made to the Department of Defense by 
        the Government Accountability Office between 2001 and 
        2008, indicates that the Department of Defense has 
        implemented 1,871, or 61 percent, of the 
        recommendations.
          (3) The Government Accountability Office estimates 
        that the implementation of these recommendations 
        yielded the Federal Government a savings of $89 billion 
        from 2001 through 2007, averaging $12.7 billion in 
        annual financial benefit.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) there is potential for additional and significant 
        cost savings through further reductions by the 
        Secretary of Defense in waste, fraud, and abuse, 
        particularly with regard to contracting processes; and
          (2) the Secretary of Defense should make 
        implementation of the remaining Government 
        Accountability Office recommendations an utmost 
        priority of the Department of Defense.
                              ----------                              

  32. An Amendment To Be Offered by Representative Holt, Rush of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 266, after line 8, insert the following:

SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE AND 
                    INDIVIDUAL MOBILIZATION AUGMENTEES.

  (a) Findings.--Congress finds that a veteran who is a member 
of the Individual Ready Reserve (or who is an individual 
mobilization augmentee) and is not assigned to a unit that 
musters regularly and has an established support structure is 
less likely to be helped by existing suicide prevention 
programs carried out by the Secretary of Defense and the 
Secretary of Veterans Affairs.
  (b) In General.--
          (1) Suicide prevention.--Chapter 55 of title 10, 
        United States Code, is amended by adding after section 
        1074l the following new section:

``Sec. 1074m Suicide prevention for members of the Individual Ready 
                    Reserve and individual mobilization augmentees

  ``(a) In General.--The Secretary of Defense shall ensure that 
each covered member receives a telephone call described in 
subsection (b) not less than once every 90 days during the 
period in which--
          ``(1) the covered member is a member of the 
        Individual Ready Reserve; or
          ``(2) the Secretary determines that the covered 
        member is an individual mobilization augmentee.
  ``(b) Counseling Call.--A telephone call described in this 
subsection is a call from properly trained personnel to 
determine the emotional, psychological, medical, and career 
needs and concerns of the covered member.
  ``(c) Referral.--(1) The personnel making a telephone call 
described in subsection (b) shall refer a covered member 
identified as being at-risk of self-caused harm to the nearest 
military medical treatment facility or accredited TRICARE 
provider for immediate evaluation and treatment by a qualified 
mental health care provider.
  ``(2) If a covered member is referred under paragraph (1), 
the Secretary shall confirm that the member has received the 
evaluation and any necessary treatment.  
  ``(d) Reports.--Not later than January 31 of each year, 
beginning in 2011, the Secretary shall submit to Congress a 
report on the number of covered members who have been referred 
for counseling or mental health treatment under this section, 
as well as the health and career status of such members.
  ``(e) Covered Member Defined.--In this section, the term 
`covered member' means--
          ``(1) a member of the Individual Ready Reserve 
        described in section 10144(b) of this title who has 
        deployed to Afghanistan or Iraq in support of a 
        contingency operation; or
          ``(2) a member of a reserve component who the 
        Secretary determines is an individual mobilization 
        augmentee who has deployed to Afghanistan or Iraq in 
        support of a contingency operation.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after 
        the item relating to section 1074l the following new 
        item:

``1074m. Suicide prevention for members of the Individual Ready Reserve 
          and individual mobilization augmentees.''.
                              ----------                              

33. An Amendment To Be Offered by Representative Schakowsky, Janice of 
           Illinois or Her Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XII, add the following new 
section:

SEC. 12XX. RECOMMENDATIONS ON OVERSIGHT OF CONTRACTORS ENGAGED IN 
                    ACTIVITIES RELATING TO AFGHANISTAN.

  (a) Recommendations Required.--Not later than 90 days after 
the date of the enactment of this Act, the Special Inspector 
General for Afghanistan Reconstruction shall, in consultation 
with the Inspector General of the Department of Defense, the 
Inspector General of the United States Agency for International 
Development, and the Inspector General of the Department of 
State--
          (1) issue recommendations on measures to increase 
        oversight of contractors engaged in activities relating 
        to Afghanistan that have a record of engaging in waste, 
        fraud, or abuse;
          (2) report on the status of efforts of the Department 
        of Defense, the United States Agency for International 
        Development, and the Department of State to implement 
        existing recommendations regarding oversight of such 
        contractors; and
          (3) report on the extent to which military and 
        security contractors or subcontractors engaged in 
        activities relating to Afghanistan have been 
        responsible for the deaths of Afghan civilians.
  (b) Elements of Recommendations.--The recommendations issued 
under subsection (a)(1) shall include--
          (1) recommendations for reducing the reliance of the 
        United States on--
                  (A) military and security contractors or 
                subcontractors engaged in activities relating 
                to Afghanistan that have been responsible for 
                the deaths of Afghan civilians; and
                  (B) Afghan militias or other armed groups 
                that are not part of the Afghan National 
                Security Forces; and
          (2) recommendations for prohibiting the Department of 
        Defense, the Department of State, or the United States 
        Agency for International Development from entering into 
        contracts with contractors engaged in activities 
        relating to Afghanistan that have a record of engaging 
        in waste, fraud, or abuse.
                              ----------                              

   34. An Amendment To Be Offered by Representative Harman, Jane of 
          California or Her Designee, Debatable for 10 Minutes

  At the end of subtitle C of title XVI, add the following new 
section:

SEC. 1648. EXPEDITED CONSIDERATION AND PRIORITY FOR APPLICATION FOR 
                    CONSIDERATION OF A PERMANENT CHANGE OF STATION OR 
                    UNIT TRANSFER BASED ON HUMANITARIAN CONDITIONS FOR 
                    VICTIM OF SEXUAL ASSAULT.

  (a) In General.--Chapter 39 of title 10, United States Code, 
is amended by inserting after section 672 the following new 
section:

``Sec. 673. Consideration of application for permanent change of 
                    station or unit transfer for members on active duty 
                    who are the victim of a sexual assault

  ``(a) Expedited Consideration and Priority for Approval.--To 
the maximum extent practicable, the Secretary concerned shall 
provide for the expedited consideration and approval of an 
application for consideration of a permanent change of station 
or unit transfer submitted by a member of the armed forces 
serving on active duty who was a victim of a sexual assault or 
other offense covered by section 920 of this title (article 
120) so as to reduce the possibility of retaliation against the 
member for reporting the sexual assault.
  ``(b) Regulations.-- The Secretaries of the military 
departments shall issue regulations to carry out this section, 
within guidelines provided by the Secretary of Defense.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 672 the following new item:

``673. Consideration of application for permanent change of station or 
          unit transfer for members on active duty who are the victim of 
          a sexual assault''.
                              ----------                              

   35. An Amendment To Be Offered by Representative Putnam, Adam of 
           Florida or His Designee, Debatable for 10 Minutes

  At the end of subtitle F of title X, insert the following new 
section:

SEC. 1065. SENSE OF CONGRESS REGARDING RECREATIONAL HUNTING AND FISHING 
                    ON MILITARY INSTALLATIONS.

  It is the sense of the Congress that--
   (a) military installations that permit public access for 
recreational hunting and fishing should continue to permit such 
hunting and fishing where appropriate;
  (b) permitting the public to access military installations 
for recreational hunting and fishing benefits local communities 
by conserving and promoting the outdoors and establishing 
positive relations between the civilian and defense sectors;
  (c) any military installations that make recreational hunting 
and fishing permits available for purchase should provide a 
discounted rate for active and retired members of the Armed 
Forces and veterans with disabilities; and
  (d) the Department of Defense, all of the service branches, 
and military installations that permit public access for 
recreational hunting and fishing should promote access to such 
installations by making the appropriate accommodations for 
members of the Armed Forces and veterans with disabilities.
                              ----------                              

   36. An Amendment To Be Offered by Representative Watson, Diane of 
          California or Her Designee, Debatable for 10 Minutes

    At the end of division A, add the following new title:

                TITLE XVII--FEDERAL INFORMATION SECURITY

          Subtitle A--Federal Information Security Amendments

SEC. 1701. COORDINATION OF FEDERAL INFORMATION POLICY.

    Chapter 35 of title 44, United States Code, is amended by 
striking subchapters II and III and inserting the following:

                 ``Subchapter II--Information Security

``Sec. 3551. Purposes

    ``The purposes of this subchapter are to--
          ``(1) provide a comprehensive framework for ensuring 
        the effectiveness of information security controls over 
        information resources that support Federal operations 
        and assets;
          ``(2) recognize the highly networked nature of the 
        current Federal computing environment and provide 
        effective Governmentwide management and oversight of 
        the related information security risks, including 
        coordination of information security efforts throughout 
        the civilian, national security, and law enforcement 
        communities;
          ``(3) provide for development and maintenance of 
        minimum controls required to protect Federal 
        information and information infrastructure;
          ``(4) provide a mechanism for improved oversight of 
        Federal agency information security programs;
          ``(5) acknowledge that commercially developed 
        information security products offer advanced, dynamic, 
        robust, and effective information security solutions, 
        reflecting market solutions for the protection of 
        critical information infrastructures important to the 
        national defense and economic security of the Nation 
        that are designed, built, and operated by the private 
        sector; and
          ``(6) recognize that the selection of specific 
        technical hardware and software information security 
        solutions should be left to individual agencies from 
        among commercially developed products.

``Sec. 3552. Definitions

    ``(a) Section 3502 Definitions.--Except as provided under 
subsection (b), the definitions under section 3502 shall apply 
to this subchapter.
    ``(b) Additional Definitions.--In this subchapter:
          ``(1) The term `adequate security' means security 
        that complies with the regulations promulgated under 
        section 3554 and the standards promulgated under 
        section 3558.
          ``(2) The term `incident' means an occurrence that 
        actually or potentially jeopardizes the 
        confidentiality, integrity, or availability of an 
        information system, information infrastructure, or the 
        information the system processes, stores, or transmits 
        or that constitutes a violation or imminent threat of 
        violation of security policies, security procedures, or 
        acceptable use policies.
          ``(3) The term `information infrastructure' means the 
        underlying framework that information systems and 
        assets rely on in processing, storing, or transmitting 
        information electronically.
          ``(4) The term `information security' means 
        protecting information and information infrastructure 
        from unauthorized access, use, disclosure, disruption, 
        modification, or destruction in order to provide--
                  ``(A) integrity, which means guarding against 
                improper information modification or 
                destruction, and includes ensuring information 
                nonrepudiation and authenticity;
                  ``(B) confidentiality, which means preserving 
                authorized restrictions on access and 
                disclosure, including means for protecting 
                personal privacy and proprietary information;
                  ``(C) availability, which means ensuring 
                timely and reliable access to and use of 
                information; and
                  ``(D) authentication, which means using 
                digital credentials to assure the identity of 
                users and validate access of such users.
          ``(5) The term `information technology' has the 
        meaning given that term in section 11101 of title 40.
          ``(6)(A) The term `national security system' means 
        any information infrastructure (including any 
        telecommunications system) used or operated by an 
        agency or by a contractor of an agency, or other 
        organization on behalf of an agency--
                          ``(i) the function, operation, or use 
                        of which--
                                  ``(I) involves intelligence 
                                activities;
                                  ``(II) involves cryptologic 
                                activities related to national 
                                security;
                                  ``(III) involves command and 
                                control of military forces;
                                  ``(IV) involves equipment 
                                that is an integral part of a 
                                weapon or weapons system; or
                                  ``(V) subject to subparagraph 
                                (B), is critical to the direct 
                                fulfillment of military or 
                                intelligence missions; or
                          ``(ii) is protected at all times by 
                        procedures established for information 
                        that have been specifically authorized 
                        under criteria established by an 
                        Executive order or an Act of Congress 
                        to be kept classified in the interest 
                        of national defense or foreign policy.
                  ``(B) Subparagraph (A)(i)(V) does not include 
                a system that is to be used for routine 
                administrative and business applications 
                (including payroll, finance, logistics, and 
                personnel management applications).

``Sec. 3553. National Office for Cyberspace

    ``(a) Establishment.--There is established within the 
Executive Office of the President an office to be known as the 
National Office for Cyberspace.
    ``(b) Director.--
          ``(1) In general.--There shall be at the head of the 
        Office a Director, who shall be appointed by the 
        President by and with the advice and consent of the 
        Senate. The Director of the National Office for 
        Cyberspace shall administer all functions under this 
        subchapter and collaborate to the extent practicable 
        with the heads of appropriate agencies, the private 
        sector, and international partners. The Office shall 
        serve as the principal office for coordinating issues 
        relating to achieving an assured, reliable, secure, and 
        survivable information infrastructure and related 
        capabilities for the Federal Government.
          ``(2) Basic pay.--The Director shall be paid at the 
        rate of basic pay for level III of the Executive 
        Schedule.
    ``(c) Staff.--The Director may appoint and fix the pay of 
additional personnel as the Director considers appropriate.
    ``(d) Experts and Consultants.--The Director may procure 
temporary and intermittent services under section 3109(b) of 
title 5.

``Sec.  3554. Federal Cybersecurity Practice Board

    ``(a) Establishment.--Within the National Office for 
Cyberspace, there shall be established a board to be known as 
the `Federal Cybersecurity Practice Board' (in this section 
referred to as the `Board').
    ``(b) Members.--The Board shall be chaired by the Director 
of the National Office for Cyberspace and consist of not more 
than 10 members, with at least one representative from--
          ``(1) the Office of Management and Budget;
          ``(2) civilian agencies;
          ``(3) the Department of Defense;
          ``(4) the Federal law enforcement community;
          ``(5) the Federal Chief Technology Office; and
          ``(6) such additional military and civilian agencies 
        as the Director considers appropriate.
    ``(c) Responsibilities.--
          ``(1) Development of policies and procedures.--
        Subject to the authority, direction, and control of the 
        Director of the National Office for Cyberspace, the 
        Board shall be responsible for developing and 
        periodically updating information security policies and 
        procedures relating to the matters described in 
        paragraph (2). In developing such policies and 
        procedures, the Board shall require that all matters 
        addressed in the policies and procedures are 
        consistent, to the maximum extent practicable and in 
        accordance with applicable law, among the civilian, 
        military, intelligence, and law enforcement 
        communities.
          ``(2) Specific matters covered in policies and 
        procedures.--
                  ``(A) Minimum security controls.--The Board 
                shall be responsible for developing and 
                periodically updating information security 
                policies and procedures relating to minimum 
                security controls for information technology, 
                in order to--
                          ``(i) provide Governmentwide 
                        protection of Government-networked 
                        computers against common attacks; and
                          ``(ii) provide agencywide protection 
                        against threats, vulnerabilities, and 
                        other risks to the information 
                        infrastructure within individual 
                        agencies.
                  ``(B) Measures of effectiveness.--The Board 
                shall be responsible for developing and 
                periodically updating information security 
                policies and procedures relating to 
                measurements needed to assess the effectiveness 
                of the minimum security controls referred to in 
                subparagraph (A). Such measurements shall 
                include a risk scoring system to evaluate risk 
                to information security both Governmentwide and 
                within contractors of the Federal Government.
                  ``(C) Products and services.--The Board shall 
                be responsible for developing and periodically 
                updating information security policies, 
                procedures, and minimum security standards 
                relating to criteria for products and services 
                to be used in agency information systems and 
                information infrastructure that will meet the 
                minimum security controls referred to in 
                subparagraph (A). In carrying out this 
                subparagraph, the Board shall act in 
                consultation with the Office of Management and 
                Budget and the General Services Administration.
                  ``(D) Remedies.--The Board shall be 
                responsible for developing and periodically 
                updating information security policies and 
                procedures relating to methods for providing 
                remedies for security deficiencies identified 
                in agency information infrastructure.
          ``(3) Additional considerations.--The Board shall 
        also consider--
                  ``(A) opportunities to engage with the 
                international community to set policies, 
                principles, training, standards, or guidelines 
                for information security;
                  ``(B) opportunities to work with agencies and 
                industry partners to increase information 
                sharing and policy coordination efforts in 
                order to reduce vulnerabilities in the national 
                information infrastructure; and
                  ``(C) options necessary to encourage and 
                maintain accountability of any agency, or 
                senior agency official, for efforts to secure 
                the information infrastructure of such agency.
          ``(4) Relationship to other standards.--The policies 
        and procedures developed under paragraph (1) are 
        supplemental to the standards promulgated by the 
        Director of the National Office for Cyberspace under 
        section 3558.
          ``(5) Recommendations for regulations.--The Board 
        shall be responsible for making recommendations to the 
        Director of the National Office for Cyberspace on 
        regulations to carry out the policies and procedures 
        developed by the Board under paragraph (1).
    ``(d) Regulations.--The Director of the National Office for 
Cyberspace, in consultation with the Director of the Office of 
Management and the Administrator of General Services shall 
promulgate and periodically update regulations to carry out the 
policies and procedures developed by the Board under subsection 
(c).
    ``(e) Annual Report.--The Director of the National Office 
for Cyberspace shall provide to Congress a report containing a 
summary of agency progress in implementing the regulations 
promulgated under this section as part of the annual report to 
Congress required under section 3555(a)(8).
    ``(f) No Disclosure by Board Required.--The Board is not 
required to disclose under section 552 of title 5 information 
submitted by agencies to the Board regarding threats, 
vulnerabilities, and risks.

``Sec. 3555. Authority and functions of the Director of the National 
                    Office for Cyberspace

    ``(a) In General.--The Director of the National Office for 
Cyberspace shall oversee agency information security policies 
and practices, including--
          ``(1) developing and overseeing the implementation of 
        policies, principles, standards, and guidelines on 
        information security, including through ensuring timely 
        agency adoption of and compliance with standards 
        promulgated under section 3558;
          ``(2) requiring agencies, consistent with the 
        standards promulgated under section 3558 and other 
        requirements of this subchapter, to identify and 
        provide information security protections commensurate 
        with the risk and magnitude of the harm resulting from 
        the unauthorized access, use, disclosure, disruption, 
        modification, or destruction of--
                  ``(A) information collected or maintained by 
                or on behalf of an agency; or
                  ``(B) information infrastructure used or 
                operated by an agency or by a contractor of an 
                agency or other organization on behalf of an 
                agency;
          ``(3) coordinating the development of standards and 
        guidelines under section 20 of the National Institute 
        of Standards and Technology Act (15 U.S.C. 278g-3) with 
        agencies and offices operating or exercising control of 
        national security systems (including the National 
        Security Agency) to assure, to the maximum extent 
        feasible, that such standards and guidelines are 
        complementary with standards and guidelines developed 
        for national security systems;
          ``(4) overseeing agency compliance with the 
        requirements of this subchapter, including through any 
        authorized action under section 11303 of title 40, to 
        enforce accountability for compliance with such 
        requirements;
          ``(5) reviewing at least annually, and approving or 
        disapproving, agency information security programs 
        required under section 3556(b);
          ``(6) coordinating information security policies and 
        procedures with related information resources 
        management policies and procedures;
          ``(7) overseeing the operation of the Federal 
        information security incident center required under 
        section 3559;
          ``(8) reporting to Congress no later than March 1 of 
        each year on agency compliance with the requirements of 
        this subchapter, including--
                  ``(A) a summary of the findings of audits 
                required by section 3557;
                  ``(B) an assessment of the development, 
                promulgation, and adoption of, and compliance 
                with, standards developed under section 20 of 
                the National Institute of Standards and 
                Technology Act (15 U.S.C. 278g-3) and 
                promulgated under section 3558;
                  ``(C) significant deficiencies in agency 
                information security practices;
                  ``(D) planned remedial action to address such 
                deficiencies; and
                  ``(E) a summary of, and the views of the 
                Director of the National Office for Cyberspace 
                on, the report prepared by the National 
                Institute of Standards and Technology under 
                section 20(d)(10) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278g-
                3);
          ``(9) coordinating the defense of information 
        infrastructure operated by agencies in the case of a 
        large-scale attack on information infrastructure, as 
        determined by the Director;
          ``(10) establishing a national strategy, in 
        consultation with the Department of State, the United 
        States Trade Representative, and the National Institute 
        of Standards and Technology, to engage with the 
        international community to set the policies, 
        principles, standards, or guidelines for information 
        security; and
          ``(11) coordinating information security training for 
        Federal employees with the Office of Personnel 
        Management.
    ``(b) National Security Systems.--Except for the 
authorities described in paragraphs (4) and (8) of subsection 
(a), the authorities of the Director of the National Office for 
Cyberspace under this section shall not apply to national 
security systems.
    ``(c) Department of Defense and Central Intelligence Agency 
Systems.--(1) The authorities of the Director of the National 
Office for Cyberspace described in paragraphs (1) and (2) of 
subsection (a) shall be delegated to the Secretary of Defense 
in the case of systems described in paragraph (2) and to the 
Director of Central Intelligence in the case of systems 
described in paragraph (3).
    ``(2) The systems described in this paragraph are systems 
that are operated by the Department of Defense, a contractor of 
the Department of Defense, or another entity on behalf of the 
Department of Defense that processes any information the 
unauthorized access, use, disclosure, disruption, modification, 
or destruction of which would have a debilitating impact on the 
mission of the Department of Defense.
    ``(3) The systems described in this paragraph are systems 
that are operated by the Central Intelligence Agency, a 
contractor of the Central Intelligence Agency, or another 
entity on behalf of the Central Intelligence Agency that 
processes any information the unauthorized access, use, 
disclosure, disruption, modification, or destruction of which 
would have a debilitating impact on the mission of the Central 
Intelligence Agency.
    ``(d) Budget Oversight and Reporting.--(1) The head of each 
agency shall submit to the Director of the National Office for 
Cyberspace a budget each year for the following fiscal year 
relating to the protection of information infrastructure for 
such agency, by a date determined by the Director that is 
before the submission of such budget by the head of the agency 
to the Office of Management and Budget.
          ``(2) The Director shall review and offer a non-
        binding approval or disapproval of each agency's annual 
        budget to each agency before the submission of such 
        budget by the head of the agency to the Office of 
        Management and Budget.
          ``(3) If the Director offers a non-binding 
        disapproval of an agency's, budget, the Director shall 
        transmit recommendations to the head of such agency for 
        strengthening its proposed budget with regard to the 
        protection of such agency's information infrastructure.
          ``(4) Each budget submitted by the head of an agency 
        pursuant to paragraph (1) shall include--
                  ``(A) a review of any threats to information 
                technology for such agency;
                  ``(B) a plan to secure the information 
                infrastructure for such agency based on threats 
                to information technology, using the National 
                Institute of Standards and Technology 
                guidelines and recommendations;
                  ``(C) a review of compliance by such agency 
                with any previous year plan described in 
                subparagraph (B); and
                  ``(D) a report on the development of the 
                credentialing process to enable secure 
                authentication of identity and authorization 
                for access to the information infrastructure of 
                such agency.
          ``(5) The Director of the National Office for 
        Cyberspace may recommend to the President monetary 
        penalties or incentives necessary to encourage and 
        maintain accountability of any agency, or senior agency 
        official, for efforts to secure the information 
        infrastructure of such agency.

``Sec. 3556. Agency responsibilities

    ``(a) In General.--The head of each agency shall--
          ``(1) be responsible for--
                  ``(A) providing information security 
                protections commensurate with the risk and 
                magnitude of the harm resulting from 
                unauthorized access, use, disclosure, 
                disruption, modification, or destruction of--
                          ``(i) information collected or 
                        maintained by or on behalf of the 
                        agency; and
                          ``(ii) information infrastructure 
                        used or operated by an agency or by a 
                        contractor of an agency or other 
                        organization on behalf of an agency;
                  ``(B) complying with the requirements of this 
                subchapter and related policies, procedures, 
                standards, and guidelines, including--
                          ``(i) the regulations promulgated 
                        under section 3554 and the information 
                        security standards promulgated under 
                        section 3558;
                          ``(ii) information security standards 
                        and guidelines for national security 
                        systems issued in accordance with law 
                        and as directed by the President;
                          ``(iii) and ensuring the standards 
                        implemented for information 
                        infrastructure and national security 
                        systems under the agency head are 
                        complementary and uniform, to the 
                        extent practicable; and
                  ``(C) ensuring that information security 
                management processes are integrated with agency 
                strategic and operational planning processes;
          ``(2) ensure that senior agency officials provide 
        information security for the information and 
        information infrastructure that support the operations 
        and assets under their control, including through--
                  ``(A) assessing the risk and magnitude of the 
                harm that could result from the unauthorized 
                access, use, disclosure, disruption, 
                modification, or destruction of such 
                information or information infrastructure;
                  ``(B) determining the levels of information 
                security appropriate to protect such 
                information and information infrastructure in 
                accordance with regulations promulgated under 
                section 3554 and standards promulgated under 
                section 3558, for information security 
                classifications and related requirements;
                  ``(C) implementing policies and procedures to 
                cost effectively reduce risks to an acceptable 
                level; and
                  ``(D) continuously testing and evaluating 
                information security controls and techniques to 
                ensure that they are effectively implemented;
          ``(3) delegate to an agency official, designated as 
        the 'Chief Information Security Officer', under the 
        authority of the agency Chief Information Officer the 
        responsibility to oversee agency information security 
        and the authority to ensure and enforce compliance with 
        the requirements imposed on the agency under this 
        subchapter, including--
                  ``(A) overseeing the establishment and 
                maintenance of a security operations capability 
                on an automated and continuous basis that can--
                          ``(i) assess the state of compliance 
                        of all networks and systems with 
                        prescribed controls issued pursuant to 
                        section 3558 and report immediately any 
                        variance therefrom and, where 
                        appropriate and with the approval of 
                        the agency Chief Information Officer, 
                        shut down systems that are found to be 
                        non-compliant;
                          ``(ii) detect, report, respond to, 
                        contain, and mitigate incidents that 
                        impair adequate security of the 
                        information and information 
                        infrastructure, in accordance with 
                        policy provided by the Director of the 
                        National Office for Cyberspace, in 
                        consultation with the Chief Information 
                        Officers Council, and guidance from the 
                        National Institute of Standards and 
                        Technology;
                          ``(iii) collaborate with the National 
                        Office for Cyberspace and appropriate 
                        public and private sector security 
                        operations centers to address incidents 
                        that impact the security of information 
                        and information infrastructure that 
                        extend beyond the control of the 
                        agency; and
                          ``(iv) not later than 24 hours after 
                        discovery of any incident described 
                        under subparagraph (A)(ii), unless 
                        otherwise directed by policy of the 
                        National Office for Cyberspace, provide 
                        notice to the appropriate security 
                        operations center, the National Cyber 
                        Investigative Joint Task Force, and the 
                        Inspector General of the agency;
                  ``(B) developing, maintaining, and overseeing 
                an agency wide information security program as 
                required by subsection (b);
                  ``(C) developing, maintaining, and overseeing 
                information security policies, procedures, and 
                control techniques to address all applicable 
                requirements, including those issued under 
                sections 3555 and 3558;
                  ``(D) training and overseeing personnel with 
                significant responsibilities for information 
                security with respect to such responsibilities; 
                and
                  ``(E) assisting senior agency officials 
                concerning their responsibilities under 
                paragraph (2);
          ``(4) ensure that the agency has trained and cleared 
        personnel sufficient to assist the agency in complying 
        with the requirements of this subchapter and related 
        policies, procedures, standards, and guidelines;
          ``(5) ensure that the Chief Information Security 
        Officer, in coordination with other senior agency 
        officials, reports biannually to the agency head on the 
        effectiveness of the agency information security 
        program, including progress of remedial actions; and
          ``(6) ensure that the Chief Information Security 
        Officer possesses necessary qualifications, including 
        education, professional certifications, training, 
        experience and the security clearance required to 
        administer the functions described under this 
        subchapter; and has information security duties as the 
        primary duty of that official.
      ``(b) Agency Program.--Each agency shall develop, 
document, and implement an agencywide information security 
program, approved by the Director of the National Office for 
Cyberspace under section 3555(a)(5), to provide information 
security for the information and information infrastructure 
that support the operations and assets of the agency, including 
those provided or managed by another agency, contractor, or 
other source, that includes--
          ``(1) continuous automated technical monitoring of 
        information infrastructure used or operated by an 
        agency or by a contractor of an agency or other 
        organization on behalf of an agency to assure 
        conformance with regulations promulgated under section 
        3554 and standards promulgated under section 3558;
          ``(2) testing of the effectiveness of security 
        controls that are commensurate with risk (as defined by 
        the National Institute of Standards and Technology and 
        the National Office for Cyberspace) for agency 
        information infrastructure;
          ``(3) policies and procedures that--
                  ``(A) mitigate and remediate, to the extent 
                practicable, information security 
                vulnerabilities based on the risk posed to the 
                agency;
                  ``(B) cost effectively reduce information 
                security risks to an acceptable level;
                  ``(C) ensure that information security is 
                addressed throughout the life cycle of each 
                agency information system and information 
                infrastructure;
                  ``(D) ensure compliance with--
                          ``(i) the requirements of this 
                        subchapter;
                          ``(ii) policies and procedures as may 
                        be prescribed by the Director of the 
                        National Office for Cyberspace, and 
                        information security standards 
                        promulgated under section 3558;
                          ``(iii) minimally acceptable system 
                        configuration requirements, as 
                        determined by the Director of the 
                        National Office for Cyberspace; and
                          ``(iv) any other applicable 
                        requirements, including--
                                  ``(I) standards and 
                                guidelines for national 
                                security systems issued in 
                                accordance with law and as 
                                directed by the President;
                                  ``(II) the policy of the 
                                Director of the National Office 
                                for Cyberspace;
                                  ``(III) the National 
                                Institute of Standards and 
                                Technology guidance; and
                                  ``(IV) the Chief Information 
                                Officers Council recommended 
                                approaches;
                  ``(E) develop, maintain, and oversee 
                information security policies, procedures, and 
                control techniques to address all applicable 
                requirements, including those issued under 
                sections 3555 and 3558; and
                  ``(F) ensure the oversight and training of 
                personnel with significant responsibilities for 
                information security with respect to such 
                responsibilities;
          ``(4) ensuring that the agency has trained and 
        cleared personnel sufficient to assist the agency in 
        complying with the requirements of this subchapter and 
        related policies, procedures, standards, and 
        guidelines;
          ``(5) to the extent practicable, automated and 
        continuous technical monitoring for testing, and 
        evaluation of the effectiveness and compliance of 
        information security policies, procedures, and 
        practices, including--
                  ``(A) management, operational, and technical 
                controls of every information infrastructure 
                identified in the inventory required under 
                section 3505(b); and
                  ``(B) management, operational, and technical 
                controls relied on for an evaluation under 
                section 3556;
          ``(6) a process for planning, implementing, 
        evaluating, and documenting remedial action to address 
        any deficiencies in the information security policies, 
        procedures, and practices of the agency;
          ``(7) to the extent practicable, continuous automated 
        technical monitoring for detecting, reporting, and 
        responding to security incidents, consistent with 
        standards and guidelines issued by the Director of the 
        National Office for Cyberspace, including--
                  ``(A) mitigating risks associated with such 
                incidents before substantial damage is done;
                  ``(B) notifying and consulting with the 
                appropriate security operations response 
                center; and
                  ``(C) notifying and consulting with, as 
                appropriate--
                          ``(i) law enforcement agencies and 
                        relevant Offices of Inspectors General;
                          ``(ii) the National Office for 
                        Cyberspace; and
                          ``(iii) any other agency or office, 
                        in accordance with law or as directed 
                        by the President; and
          ``(8) plans and procedures to ensure continuity of 
        operations for information infrastructure that support 
        the operations and assets of the agency.
      ``(c) Agency Reporting.--Each agency shall--
          ``(1) submit an annual report on the adequacy and 
        effectiveness of information security policies, 
        procedures, and practices, and compliance with the 
        requirements of this subchapter, including compliance 
        with each requirement of subsection (b) to--
                  ``(A) the National Office for Cyberspace;
                  ``(B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                  ``(C) the Committee on Oversight and 
                Government Reform of the House of 
                Representatives;
                  ``(D) other appropriate authorization and 
                appropriations committees of Congress; and
                  ``(E) the Comptroller General;
          ``(2) address the adequacy and effectiveness of 
        information security policies, procedures, and 
        practices in plans and reports relating to--
                  ``(A) annual agency budgets;
                  ``(B) information resources management of 
                this subchapter;
                  ``(C) information technology management under 
                this chapter;
                  ``(D) program performance under sections 1105 
                and 1115 through 1119 of title 31, and sections 
                2801 and 2805 of title 39;
                  ``(E) financial management under chapter 9 of 
                title 31, and the Chief Financial Officers Act 
                of 1990 (31 U.S.C. 501 note; Public Law 101-
                576) (and the amendments made by that Act);
                  ``(F) financial management systems under the 
                Federal Financial Management Improvement Act 
                (31 U.S.C. 3512 note); and
                  ``(G) internal accounting and administrative 
                controls under section 3512 of title 31; and
          ``(3) report any significant deficiency in a policy, 
        procedure, or practice identified under paragraph (1) 
        or (2)--
                  ``(A) as a material weakness in reporting 
                under section 3512 of title 31; and
                  ``(B) if relating to financial management 
                systems, as an instance of a lack of 
                substantial compliance under the Federal 
                Financial Management Improvement Act (31 U.S.C. 
                3512 note).
    ``(d) Performance Plan.--(1) In addition to the 
requirements of subsection (c), each agency, in consultation 
with the National Office for Cyberspace, shall include as part 
of the performance plan required under section 1115 of title 31 
a description of the resources, including budget, staffing, and 
training, that are necessary to implement the program required 
under subsection (b).
  ``(2) The description under paragraph (1) shall be based on 
the risk assessments required under subsection (a)(2).
    ``(e) Public Notice and Comment.--Each agency shall provide 
the public with timely notice and opportunities for comment on 
proposed information security policies and procedures to the 
extent that such policies and procedures affect communication 
with the public.

``Sec. 3557. Annual independent audit

    ``(a) In General.--(1) Each year each agency shall have 
performed an independent audit of the information security 
program and practices of that agency to determine the 
effectiveness of such program and practices.
  ``(2) Each audit under this section shall include--
          ``(A) testing of the effectiveness of the information 
        infrastructure of the agency for automated, continuous 
        monitoring of the state of compliance of its 
        information infrastructure with regulations promulgated 
        under section 3554 and standards promulgated under 
        section 3558 in a representative subset of--
                  ``(i) the information infrastructure used or 
                operated by the agency; and
                  ``(ii) the information infrastructure used, 
                operated, or supported on behalf of the agency 
                by a contractor of the agency, a subcontractor 
                (at any tier) of such contractor, or any other 
                entity;
          ``(B) an assessment (made on the basis of the results 
        of the testing) of compliance with--
                  ``(i) the requirements of this subchapter; 
                and
                  ``(ii) related information security policies, 
                procedures, standards, and guidelines;
          ``(C) separate assessments, as appropriate, regarding 
        information security relating to national security 
        systems; and
          ``(D) a conclusion regarding whether the information 
        security controls of the agency are effective, 
        including an identification of any significant 
        deficiencies in such controls.
  ``(3) Each audit under this section shall be performed in 
accordance with applicable generally accepted Government 
auditing standards.
    ``(b) Independent Auditor.--Subject to subsection (c)--
          ``(1) for each agency with an Inspector General 
        appointed under the Inspector General Act of 1978 or 
        any other law, the annual audit required by this 
        section shall be performed by the Inspector General or 
        by an independent external auditor, as determined by 
        the Inspector General of the agency; and
          ``(2) for each agency to which paragraph (1) does not 
        apply, the head of the agency shall engage an 
        independent external auditor to perform the audit.
    ``(c) National Security Systems.--For each agency operating 
or exercising control of a national security system, that 
portion of the audit required by this section directly relating 
to a national security system shall be performed--
          ``(1) only by an entity designated head; and
          ``(2) in such a manner as to ensure appropriate 
        protection for information associated with any 
        information security vulnerability in such system 
        commensurate with the risk and in accordance with all 
        applicable laws.
    ``(d) Existing Audits.--The audit required by this section 
may be based in whole or in part on another audit relating to 
programs or practices of the applicable agency.
    ``(e) Agency Reporting.--(1) Each year, not later than such 
date established by the Director of the National Office for 
Cyberspace, the head of each agency shall submit to the 
Director the results of the audit required under this section.
  ``(2) To the extent an audit required under this section 
directly relates to a national security system, the results of 
the audit submitted to the Director of the National Office for 
Cyberspace shall contain only a summary and assessment of that 
portion of the audit directly relating to a national security 
system.
    ``(f) Protection of Information.--Agencies and auditors 
shall take appropriate steps to ensure the protection of 
information which, if disclosed, may adversely affect 
information security. Such protections shall be commensurate 
with the risk and comply with all applicable laws and 
regulations.
    ``(g) National Office for Cyberspace Reports to Congress.--
(1) The Director of the National Office for Cyberspace shall 
summarize the results of the audits conducted under this 
section in the annual report to Congress required under section 
3555(a)(8).
  ``(2) The Director's report to Congress under this subsection 
shall summarize information regarding information security 
relating to national security systems in such a manner as to 
ensure appropriate protection for information associated with 
any information security vulnerability in such system 
commensurate with the risk and in accordance with all 
applicable laws.
  ``(3) Audits and any other descriptions of information 
infrastructure under the authority and control of the Director 
of Central Intelligence or of National Foreign Intelligence 
Programs systems under the authority and control of the 
Secretary of Defense shall be made available to Congress only 
through the appropriate oversight committees of Congress, in 
accordance with applicable laws.
  ``(h) Comptroller General.--The Comptroller General shall 
periodically evaluate and report to Congress on--
          ``(1) the adequacy and effectiveness of agency 
        information security policies and practices; and
          ``(2) implementation of the requirements of this 
        subchapter.
  ``(i) Contractor audits.--Each year each contractor that 
operates, uses, or supports an information system or 
information infrastructure on behalf of an agency and each 
subcontractor of such contractor--
          ``(1) shall conduct an audit using an independent 
        external auditor in accordance with subsection (a), 
        including an assessment of compliance with the 
        applicable requirements of this subchapter; and
          ``(2) shall submit the results of such audit to such 
        agency not later than such date established by the 
        Agency.

``Sec. 3558. Responsibilities for Federal information systems standards

  ``(a) Requirement To Prescribe Standards.--
          ``(1) In general.--
                  ``(A) Requirement.--Except as provided under 
                paragraph (2), the Secretary of Commerce shall, 
                on the basis of proposed standards developed by 
                the National Institute of Standards and 
                Technology pursuant to paragraphs (2) and (3) 
                of section 20(a) of the National Institute of 
                Standards and Technology Act (15 U.S.C. 278g-
                3(a)) and in consultation with the Secretary of 
                Homeland Security, promulgate information 
                security standards pertaining to Federal 
                information systems.
                  ``(B) Required standards.--Standards 
                promulgated under subparagraph (A) shall 
                include--
                          ``(i) standards that provide minimum 
                        information security requirements as 
                        determined under section 20(b) of the 
                        National Institute of Standards and 
                        Technology Act (15 U.S.C. 278g-3(b)); 
                        and
                          ``(ii) such standards that are 
                        otherwise necessary to improve the 
                        efficiency of operation or security of 
                        Federal information systems.
                  ``(C) Required standards binding.--
                Information security standards described under 
                subparagraph (B) shall be compulsory and 
                binding.
          ``(2) Standards and guidelines for national security 
        systems.--Standards and guidelines for national 
        security systems, as defined under section 3552(b), 
        shall be developed, promulgated, enforced, and overseen 
        as otherwise authorized by law and as directed by the 
        President.
    ``(b) Application of More Stringent Standards.--The head of 
an agency may employ standards for the cost-effective 
information security for all operations and assets within or 
under the supervision of that agency that are more stringent 
than the standards promulgated by the Secretary of Commerce 
under this section, if such standards--
          ``(1) contain, at a minimum, the provisions of those 
        applicable standards made compulsory and binding by the 
        Secretary; and
          ``(2) are otherwise consistent with policies and 
        guidelines issued under section 3555.
    ``(c) Requirements Regarding Decisions by the Secretary.--
      ``(1) Deadline.--The decision regarding the promulgation 
of any standard by the Secretary of Commerce under subsection 
(b) shall occur not later than 6 months after the submission of 
the proposed standard to the Secretary by the National 
Institute of Standards and Technology, as provided under 
section 20 of the National Institute of Standards and 
Technology Act (15 U.S.C. 278g-3).
          ``(2) Notice and comment.--A decision by the 
        Secretary of Commerce to significantly modify, or not 
        promulgate, a proposed standard submitted to the 
        Secretary by the National Institute of Standards and 
        Technology, as provided under section 20 of the 
        National Institute of Standards and Technology Act (15 
        U.S.C. 278g-3), shall be made after the public is given 
        an opportunity to comment on the Secretary's proposed 
        decision.

  ``Sec. 3559. Federal information security incident center

    ``(a) In General.--The Director of the National Office for 
Cyberspace shall ensure the operation of a central Federal 
information security incident center to--
          ``(1) provide timely technical assistance to 
        operators of agency information systems and information 
        infrastructure regarding security incidents, including 
        guidance on detecting and handling information security 
        incidents;
          ``(2) compile and analyze information about incidents 
        that threaten information security;
          ``(3) inform operators of agency information systems 
        and information infrastructure about current and 
        potential information security threats, and 
        vulnerabilities; and
          ``(4) consult with the National Institute of 
        Standards and Technology, agencies or offices operating 
        or exercising control of national security systems 
        (including the National Security Agency), and such 
        other agencies or offices in accordance with law and as 
        directed by the President regarding information 
        security incidents and related matters.
    ``(b) National Security Systems.--Each agency operating or 
exercising control of a national security system shall share 
information about information security incidents, threats, and 
vulnerabilities with the Federal information security incident 
center to the extent consistent with standards and guidelines 
for national security systems, issued in accordance with law 
and as directed by the President.
    (c) Review and Approval.--In coordination with the 
Administrator for Electronic Government and Information 
Technology, the Director of the National Office for Cyberspace 
shall review and approve the policies, procedures, and guidance 
established in this subchapter to ensure that the incident 
center has the capability to effectively and efficiently 
detect, correlate, respond to, contain, mitigate, and remediate 
incidents that impair the adequate security of the information 
systems and information infrastructure of more than one agency. 
To the extent practicable, the capability shall be continuous 
and technically automated.

``Sec. 3560. National security systems

    ``The head of each agency operating or exercising control 
of a national security system shall be responsible for ensuring 
that the agency--
          ``(1) provides information security protections 
        commensurate with the risk and magnitude of the harm 
        resulting from the unauthorized access, use, 
        disclosure, disruption, modification, or destruction of 
        the information contained in such system;
          ``(2) implements information security policies and 
        practices as required by standards and guidelines for 
        national security systems, issued in accordance with 
        law and as directed by the President; and
          ``(3) complies with the requirements of this 
        subchapter.''.

SEC. 1702. INFORMATION SECURITY ACQUISITION REQUIREMENTS.

    (a) In General.--Chapter 113 of title 40, United States 
Code, is amended by adding at the end of subchapter II the 
following new section:

``11319. Information security acquisition requirements.

    ``(a) Prohibition.--Notwithstanding any other provision of 
law, beginning one year after the date of the enactment of the 
Federal Information Security Amendments Act of 2010, no agency 
may enter into a contract, an order under a contract, or an 
interagency agreement for--
          ``(1) the collection, use, management, storage, or 
        dissemination of information on behalf of the agency;
          ``(2) the use or operation of an information system 
        or information infrastructure on behalf of the agency; 
        or
          ``(3) information technology;

unless such contract, order, or agreement includes requirements 
to provide effective information security that supports the 
operations and assets under the control of the agency, in 
compliance with the policies, standards, and guidance developed 
under subsection (b), and otherwise ensures compliance with 
this section.
    ``(b) Coordination of Secure Acquisition Policies.--
          ``(1) In General.--The Director, in consultation with 
        the Director of the National Institute of Standards and 
        Technology, the Director of the National Office for 
        Cyberspace, and the Administrator of General Services, 
        shall oversee the development and implementation of 
        policies, standards, and guidance, including through 
        revisions to the Federal Acquisition Regulation and the 
        Department of Defense supplement to the Federal 
        Acquisition Regulation, to cost effectively enhance 
        agency-information security, including--
                  ``(A) minimum information security 
                requirements for agency procurement of 
                information technology products and services; 
                and
                  ``(B) approaches for evaluating and 
                mitigating significant supply chain security 
                risks associated with products or services to 
                be acquired by agencies.
          ``(2) Report.--Not later than two years after the 
        date of the enactment of the Federal Information 
        Security Amendments Act of 2010, the Director shall 
        submit to Congress a report describing--
                  ``(A) actions taken to improve the 
                information security associated with the 
                procurement of products and services by the 
                Federal Government; and
                  ``(B) plans for overseeing and coordinating 
                efforts of agencies to use best practice 
                approaches for cost-effectively purchasing more 
                secure products and services.
    ``(c) Vulnerability Assessments of Major Systems.--
          ``(1) Requirement for initial vulnerability 
        assessments.--The Director shall require each agency to 
        conduct an initial vulnerability assessment for any 
        major system and its significant items of supply prior 
        to the development of the system. The initial 
        vulnerability assessment of a major system and its 
        significant items of supply shall include use of an 
        analysis-based approach to--
                  ``(A) identify vulnerabilities;
                  ``(B) define exploitation potential;
                  ``(C) examine the system's potential 
                effectiveness;
                  ``(D) determine overall vulnerability; and
                  ``(E) make recommendations for risk 
                reduction.
          ``(2) Subsequent vulnerability assessments.--
                  ``(A) The Director shall require a subsequent 
                vulnerability assessment of each major system 
                and its significant items of supply within a 
                program if the Director determines that 
                circumstances warrant the issuance of an 
                additional vulnerability assessment.
                  ``(B) Upon the request of a congressional 
                committee, the Director may require a 
                subsequent vulnerability assessment of a 
                particular major system and its significant 
                items of supply within the program.
                  ``(C) Any subsequent vulnerability assessment 
                of a major system and its significant items of 
                supply shall include use of an analysis-based 
                approach and, if applicable, a testing-based 
                approach, to monitor the exploitation potential 
                of such system and reexamine the factors 
                described in subparagraphs (A) through (E) of 
                paragraph (1).
          ``(3) Congressional oversight.--The Director shall 
        provide to the appropriate congressional committees a 
        copy of each vulnerability assessment conducted under 
        paragraph (1) or (2) not later than 10 days after the 
        date of the completion of such assessment.
    ``(d) Definitions.--In this section:
          ``(1) Item of supply.--The term `item of supply'--
                  ``(A) means any individual part, component, 
                subassembly, assembly, or subsystem integral to 
                a major system, and other property which may be 
                replaced during the service life of the major 
                system, including a spare part or replenishment 
                part; and
                  ``(B) does not include packaging or labeling 
                associated with shipment or identification of 
                an item.
          ``(2) Vulnerability assessment.--The term 
        `vulnerability assessment' means the process of 
        identifying and quantifying vulnerabilities in a major 
        system and its significant items of supply.
          ``(3) Major system.--The term `major system' has the 
        meaning given that term in section 4 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 403).''.

SEC. 1703. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Sections in Title 44.--The table of sections 
for chapter 35 of title 44, United States Code, is amended by 
striking the matter relating to subchapters II and III and 
inserting the following:

                  ``SUBCHAPTER II--INFORMATION SECURITY

``3551. Purposes.
``3552. Definitions.
``3553. National Office for Cyberspace.
``3554. Federal Cybersecurity Practice Board.
``3555. Authority and functions of the Director of the National Office 
          for Cyberspace.
``3556. Agency responsibilities.
``3557. Annual independent audit.
``3558. Responsibilities for Federal information systems standards.
``3559. Federal information security incident center.
``3560. National security systems.''.

    (b) Table of Sections in Title 40.--The table of sections 
for chapter 113 of title 40, United States Code, is amended by 
inserting after the item relating to section 11318 the 
following new item:

``Sec. 11319. Information security acquisition requirements.''.

    (c) Other References.--
          (1) Section 1001(c)(1)(A) of the Homeland Security 
        Act of 2002 (6 U.S.C. 511(c)(1)(A)) is amended by 
        striking ``section 3532(3)'' and inserting ``section 
        3552(b)''.
          (2) Section 2222(j)(6) of title 10, United States 
        Code, is amended by striking ``section 3542(b)(2))'' 
        and inserting ``section 3552(b)''.
          (3) Section 2223(c)(3) of title 10, United States 
        Code, is amended, by striking ``section 3542(b)(2))'' 
        and inserting ``section 3552(b)''.
          (4) Section 2315 of title 10, United States Code, is 
        amended by striking ``section 3542(b)(2))'' and 
        inserting ``section 3552(b)''.
          (5) Section 20 of the National Institute of Standards 
        and Technology Act (15 U.S.C. 278g-3) is amended--
                  (A) in subsections (a)(2) and (e)(5), by 
                striking ``section 3532(b)(2)'' and inserting 
                ``section 3552(b)'';
                  (B) in subsection (e)(2), by striking 
                ``section 3532(1)'' and inserting ``section 
                3552(b)''; and
                  (C) in subsections (c)(3) and (d)(1), by 
                striking ``section 11331 of title 40'' and 
                inserting ``section 3558 of title 44''.
          (6) Section 8(d)(1) of the Cyber Security Research 
        and Development Act (15 U.S.C. 7406(d)(1)) is amended 
        by striking ``section 3534(b)'' and inserting ``section 
        3556(b)''.
    (d) Repeal.--
          (1) Subchapter III of chapter 113 of title 40, United 
        States Code, is repealed.
          (2) The table of sections for chapter 113 of such 
        title is amended by striking the matter relating to 
        subchapter III.
     (e) Executive Schedule Pay Rate.--Section 5314 of title 5, 
United States Code, is amended by adding at the end the 
following:
          ``Director of the National Office for Cyberspace.''.
    (f) Membership on the National Security Council.--Section 
101(a) of the National Security Act of 1947 (50 U.S.C. 402(a)) 
is amended--
          (1) by redesignating paragraphs (7) and (8) as 
        paragraphs (8) and (9), respectively; and
          (2) by inserting after paragraph (6) the following:
          ``(7) the Director of the National Office for 
        Cyberspace;''.

SEC. 1704. EFFECTIVE DATE.

    (a) In General.--Unless otherwise specified in this 
section, this subtitle (including the amendments made by this 
subtitle) shall take effect 30 days after the date of enactment 
of this Act.
    (b) National Office for Cyberspace.--Section 3553 of title 
44, United States Code, as added by section 1701 of this 
division, shall take effect 180 days after the date of 
enactment of this Act.
    (c) Federal Cybersecurity Practice Board.--Section 3554 of 
title 44, United States Code, as added by section 1701 of this 
division, shall take effect one year after the date of 
enactment of this Act.

              Subtitle B--Federal Chief Technology Officer

SEC. 1711. OFFICE OF THE CHIEF TECHNOLOGY OFFICER.

    (a) Establishment and Staff.--
          (1) Establishment.--
                  (A) In General.--There is established in the 
                Executive Office of the President an Office of 
                the Federal Chief Technology Officer (in this 
                section referred to as the ``Office'').
                  (B) Head of the office.--
                          (i) Federal chief technology 
                        officer.--The President shall appoint a 
                        Federal Chief Technology Officer (in 
                        this section referred to as the 
                        ``Federal CTO'') who shall be the head 
                        of the Office.
                          (ii) Compensation.--Section 5314 of 
                        title 5, United States Code, is amended 
                        by adding at the end the following:
        ``Federal Chief Technology Officer.''.
          (2) Staff of the office.--The President may appoint 
        additional staff members to the Office.
    (b) Duties of the Office.--The functions of the Federal CTO 
are the following:
          (1) Undertake fact-gathering, analysis, and 
        assessment of the Federal Government's information 
        technology infrastructures, information technology 
        strategy, and use of information technology, and 
        provide advice on such matters to the President, heads 
        of Federal departments and agencies, and government 
        chief information officers and chief technology 
        officers.
          (2) Lead an interagency effort, working with the 
        chief technology and chief information officers of each 
        of the Federal departments and agencies, to develop and 
        implement a planning process to ensure that they use 
        best-in-class technologies, share best practices, and 
        improve the use of technology in support of Federal 
        Government requirements.
          (3) Advise the President on information technology 
        considerations with regard to Federal budgets and with 
        regard to general coordination of the research and 
        development programs of the Federal Government for 
        information technology-related matters.
          (4) Promote technological innovation in the Federal 
        Government, and encourage and oversee the adoption of 
        robust cross-governmental architectures and standards-
        based information technologies, in support of effective 
        operational and management policies, practices, and 
        services across Federal departments and agencies and 
        with the public and external entities.
          (5) Establish cooperative public-private sector 
        partnership initiatives to achieve knowledge of 
        technologies available in the marketplace that can be 
        used for improving governmental operations and 
        information technology research and development 
        activities.
          (6) Gather timely and authoritative information 
        concerning significant developments and trends in 
        information technology, and in national priorities, 
        both current and prospective, and analyze and interpret 
        the information for the purpose of determining whether 
        the developments and trends are likely to affect 
        achievement of the priority goals of the Federal 
        Government.
          (7) Develop, review, revise, and recommend criteria 
        for determining information technology activities 
        warranting Federal support, and recommend Federal 
        policies designed to advance the development and 
        maintenance of effective and efficient information 
        technology capabilities, including human resources, at 
        all levels of government, academia, and industry, and 
        the effective application of the capabilities to 
        national needs.
          (8) Any other functions and activities that the 
        President may assign to the Federal CTO.
    (c) Policy Planning; Analysis and Advice.--The Office shall 
serve as a source of analysis and advice for the President and 
heads of Federal departments and agencies with respect to major 
policies, plans, and programs of the Federal Government in 
accordance with the functions described in subsection (b).
    (d) Coordination of the Office With Other Entities.--
          (1) Federal cto on domestic policy council.--The 
        Federal CTO shall be a member of the Domestic Policy 
        Council.
          (2) Federal cto on cyber security practice board.--
        The Federal CTO shall be a member of the Federal 
        Cybersecurity Practice Board.
          (3) Obtain information from agencies.--The Office may 
        secure, directly from any department or agency of the 
        United States, information necessary to enable the 
        Federal CTO to carry out this section. On request of 
        the Federal CTO, the head of the department or agency 
        shall furnish the information to the Office, subject to 
        any applicable limitations of Federal law.
          (4) Staff of federal agencies.--On request of the 
        Federal CTO, to assist the Office in carrying out the 
        duties of the Office, the head of any Federal 
        department or agency may detail personnel, services, or 
        facilities of the department or agency to the Office.
    (e) Annual Report.--
          (1) Publication and contents.--The Federal CTO shall 
        publish, in the Federal Register and on a public 
        Internet website of the Federal CTO, an annual report 
        that includes the following:
                  (A) Information on programs to promote the 
                development of technological innovations.
                  (B) Recommendations for the adoption of 
                policies to encourage the generation of 
                technological innovations.
                  (C) Information on the activities and 
                accomplishments of the Office in the year 
                covered by the report.
          (2) Submission.--The Federal CTO shall submit each 
        report under paragraph (1) to--
                  (A) the President;
                  (B) the Committee on Oversight and Government 
                Reform of the House of Representatives;
                  (C) the Committee on Science and Technology 
                of the House of Representatives; and
                  (D) the Committee on Commerce, Science, and 
                Transportation of the Senate.
                              ----------                              

   37. An Amendment To Be Offered by Representative Chandler, Ben of 
           Kentucky or His Designee, Debatable for 10 Minutes

  Page 599, strike lines 8 through 13.
                              ----------                              

   38. An Amendment To Be Offered by Representative Herseth Sandlin, 
  Stephanie of South Dakota or Her Designee, Debatable for 10 Minutes

  Page 415, after line 25, insert the following:

SEC. 1047. REQUIRED REPORTS CONCERNING BOMBER MODERNIZATION, 
                    SUSTAINMENT, AND RECAPITALIZATION EFFORTS IN 
                    SUPPORT OF THE NATIONAL DEFENSE STRATEGY.

  (a) Air Force Report.--
          (1) Report required.--Not later than 360 days after 
        the date of the enactment of this Act, the Secretary of 
        the Air Force shall submit to the congressional defense 
        committees, the Director of the Congressional Budget 
        Office, and the Comptroller General of the United 
        States a report that includes--
                  (A) a discussion of the cost, schedule, and 
                performance of all currently planned efforts to 
                modernize and keep viable the existing B-1, B-
                2, and B-52 bomber fleets and a discussion of 
                the forecasted service-life and all sustainment 
                challenges that the Secretary of the Air Force 
                may confront in keeping those platforms viable 
                until the retirement of such aircraft;
                  (B) a discussion, presented in a comparison 
                and contrast type format, of the scope of the 
                2007 Next-Generation Long Range Strike Analysis 
                of Alternatives guidance and subsequent 
                Analysis of Alternatives report tasked by the 
                Under Secretary of Defense for Acquisition, 
                Technology, and Logistics in the September 11, 
                2006, Acquisition Decision Memorandum, as 
                compared to the scope and directed guidance of 
                the year 2010 Long Range Strike Study effort 
                currently being conducted by the Under 
                Secretary of Defense for Policy and the Office 
                of the Secretary of Defense's Cost Assessment 
                and Program Evaluation Office;
                  (C) a discussion of an objectivity and 
                sufficiency review of the final report issued 
                subsequent to the 2010 Long Range Strike study 
                effort currently being conducted by the Under 
                Secretary of Defense for Policy and the Office 
                of the Secretary of Defense's Cost Assessment 
                and Program Evaluation Office;
                  (D) a discussion of the progress of efforts 
                to field a next generation long-range strike 
                platform, including a review of--
                          (i) the next generation long-range 
                        strike requirements development and 
                        validation;
                          (ii) the threshold and objective key 
                        performance parameters;
                          (iii) the acquisition strategy, the 
                        acquisition oversight strategy, 
                        projected life-cycle costs, the cost-
                        risk analysis, the technology readiness 
                        levels of planned capabilities; and
                          (iv) the development, testing, 
                        production and fielding timelines;
                  (E) a discussion of the costs, development, 
                testing, fielding and operational employment 
                challenges, capability gaps, limitations and 
                shortfalls of the Secretary of Defense's plan 
                to field a long-range, penetrating, survivable, 
                persistent and enduring ``family of systems'' 
                as compared to the development, testing, 
                fielding and operational employment of a 
                singular platform that encompasses all the 
                required aforementioned characteristics; and
                  (F) a discussion of the planning efforts for 
                developing and fielding a transformational 
                long-range strike capability in the 2035 
                timeframe.
          (2) Preparation of report.--The report under 
        paragraph (1) shall be prepared by the Institute for 
        Defense Analyses and submitted to the Secretary of the 
        Air Force for submittal by the Secretary in accordance 
        with that paragraph.
  (b) Cost Analysis and Program Evaluation Report.--The 
Director of the Cost Analysis and Program Evaluation of the 
Office of the Secretary of Defense shall submit to the 
congressional defense committees, the Director of the 
Congressional Budget Office, and the Comptroller General of the 
United States a report that includes--
          (1) the assumptions and estimated life-cycle costs of 
        the Department's long-range, penetrating, survivable, 
        persistent, and enduring ``family of systems'' 
        platforms; and
          (2) the assumptions and estimated life-cycle costs of 
        the Next Generation Platform program, as planned and 
        approved by the Secretary of Defense, prior to the 
        cancellation of the program on April 6, 2009.
  (c) CBO Report.--Not later than 360 days after the date of 
the enactment of this Act, the Congressional Budget Office 
shall submit to the congressional defense committees and to the 
Comptroller General of the United States a report that 
includes--
          (1) a life-cycle-cost analysis of the costs of 
        modernizing and sustaining the current fleet of B-1, B-
        2 and B-52 bombers to meet future long-range strike 
        requirements compared to the costs of development, 
        testing, fielding, and operational employment of a 
        singular Next Generation Bomber platform to replace the 
        existing fleet of B-1, B-2 and B-52 platforms;
          (2) a life-cycle-cost analysis of the costs of the 
        Secretary of Defense's plan to field a long-range, 
        penetrating, survivable, persistent, and enduring 
        ``family of systems'' compared to the costs of 
        developing, testing, fielding and operational 
        employment of a singular Next Generation Bomber 
        platform;
          (3) a life-cycle-cost analysis of the costs the 
        Secretary of Defense's plan to field a long-range, 
        penetrating, survivable, persistent and enduring 
        ``family of systems'' compared to the costs of 
        modernizing and sustaining the current fleet of B-1, B-
        2 and B-52 bombers to meet future long-range strike 
        requirements; and
          (4) the results of an objectivity and sufficiency 
        review of the cost analysis described in subsection 
        (b)(1).
  (d) Access to Programmatic Information.--
          (1) In general.--The Secretary of Defense and the 
        Secretary of the Air Force shall provide prompt access 
        to programmatic information requested by agency 
        personnel for the purpose of producing a report 
        required under this section, including any and all 
        classified information pertaining to the Department's 
        ``family of systems'' programs.
          (2) Prompt access defined.--For purposes of paragraph 
        (1), the term ``prompt access'' means access provided 
        not later than 15 business days after receiving a 
        request.
                              ----------                              

 39. An Amendment To Be Offered by Representative Lipinski, Daniel of 
           Illinois or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. PROCUREMENT OF ARTICLES, MATERIALS, AND SUPPLIES FOR USE 
                    OUTSIDE THE UNITED STATES.

  (a) Requirement.--In procuring articles, materials, or 
supplies for use outside of the United States, including 
procurements for military construction projects, the Department 
of Defense shall solicit bids from United States sources.
  (b) Exception.--Subsection (a) shall not apply if the 
articles, materials, or supplies to be procured are--
          (1) not mined, produced, or manufactured in the 
        United States in sufficient and reasonably available 
        quantities;
          (2) needed on an urgent basis and not acquired on a 
        regular basis; or
          (3) perishable, or will otherwise degrade because of 
        the time involved in shipping.
                              ----------                              

40. An Amendment To Be Offered by Representative Brown-Waite, Ginny of 
           Florida or Her Designee, Debatable for 10 Minutes

  At the end of subtitle H of title V, add the following new 
section:

SEC. 579. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.

  (a) Authority To Award.--The Secretary of the Army may award 
the Army Combat Action Badge (established by order of the 
Secretary of the Army through Headquarters, Department of the 
Army Letter 600-05-1, dated June 3, 2005) to a person who, 
while a member of the Army, participated in combat during which 
the person personally engaged, or was personally engaged by, 
the enemy at any time during the period beginning on December 
7, 1941, and ending on September 18, 2001 (the date of the 
otherwise applicable limitation on retroactivity for the award 
of such decoration), if the Secretary determines that the 
person has not been previously recognized in an appropriate 
manner for such participation.
  (b) Procurement of Badge.--The Secretary of the Army may make 
arrangements with suppliers of the Army Combat Action Badge so 
that eligible recipients of the Army Combat Action Badge 
pursuant to subsection (a) may procure the badge directly from 
suppliers, thereby eliminating or at least substantially 
reducing administrative costs for the Army to carry out this 
section.
                              ----------                              

41. An Amendment To Be Offered by Representative Braley, Bruce of Iowa 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title XII, add the following new 
section:

SEC. 12XX. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND 
                    OPERATION ENDURING FREEDOM.

  (a) Findings.--Congress finds the following:
          (1) The United States has been engaged in military 
        operations in Afghanistan since October 2001 and in 
        military operations in Iraq since March 2003.
          (2) According to the Congressional Research Service, 
        through fiscal year 2009, Congress has appropriated 
        $944,000,000,000 for the Department of Defense, the 
        Department of State, and for medical costs paid by the 
        Department of Veterans Affairs. This amount includes 
        $683,000,000,000 for Iraq and $227,000,000,000 for 
        Afghanistan.
          (3) Over 90 percent of Department of Defense funds 
        for operations in Iraq and Afghanistan have been 
        provided as emergency funds in supplemental or 
        additional appropriations.
          (4) The Congressional Budget Office and the 
        Congressional Research Service have stated that future 
        war costs are difficult to estimate because the 
        Department of Defense provides little information on 
        costs incurred to date, does not report outlays or 
        actual expenditures for war because war and baseline 
        funds are mixed in the same accounts, and because of a 
        lack of information from the Department of Defense on 
        many of the key factors that determine costs, including 
        personnel levels or the pace of operations.
          (5) Over 2 million United States troops have served 
        in Iraq and Afghanistan since the beginning of the 
        conflicts.
          (6) Over 4,400 United States troops and Department of 
        Defense civilian personnel have been killed in 
        Operation Iraqi Freedom and over 1,060 United States 
        troops and Department of Defense civilian personnel 
        have been killed in Operation Enduring Freedom.
          (7) Over 1,340 service members have suffered 
        amputations as a result of their service in Iraq and 
        Afghanistan.
          (8) More than 243,685 Iraq and Afghanistan veterans 
        have been treated for mental health conditions, more 
        than 129,654 Iraq and Afghanistan veterans have been 
        diagnosed with Post-Traumatic Stress Disorder, and 
        approximately 30,000 have a confirmed Traumatic Brain 
        Injury diagnosis.
          (9) Approximately 46 percent of Iraq and Afghanistan 
        veterans have sought treatment at Department of 
        Veterans Affairs hospitals and clinics.
          (10) The Independent Review Group on Rehabilitative 
        Care and Administrative Processes at Walter Reed Army 
        Medical Center and National Naval Medical Center 
        identified Traumatic Brain Injury, Post-Traumatic 
        Stress Disorder, increased survival of severe burns, 
        and traumatic amputations as the four signature wounds 
        of the current conflicts.
          (11) The Independent Review Group report also states 
        that the recovery process ``can take months or years 
        and must accommodate recurring or delayed 
        manifestations of symptoms, extended rehabilitation and 
        all the life complications that emerge over time from 
        such trauma''.
  (b) Report Requirement; Scenarios.--Not later than the date 
on which the budget of the United States Government is 
submitted under section 1105(a) of title 31, United States 
Code, for fiscal year 2012, the President, with contributions 
from the Secretary of Defense, the Secretary of State, and the 
Secretary of the Department of Veterans Affairs, shall submit a 
report to Congress containing an estimate of the long-term 
costs of Operation Iraqi Freedom and Operation Enduring 
Freedom. The report shall contain estimates for the following 
scenarios:
          (1) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom 
        is reduced from current levels to approximately 150,000 
        by the end of fiscal year 2011, 65,000 by the end of 
        fiscal year 2012, and 30,000 by the end of fiscal year 
        2013, and remains at that level through fiscal year 
        2020.
          (2) The number of personnel deployed in support of 
        Operation Iraqi Freedom and Operation Enduring Freedom 
        is increased from current levels to approximately 
        235,000 by the end of fiscal year 2010, is reduced to 
        230,000 by the end of fiscal year 2011, is reduced to 
        195,000 by the end of fiscal year 2012, is reduced to 
        135,000 by the end of fiscal year 2013, is reduced to 
        80,000 by the end of fiscal year 2014, is reduced to 
        60,000 by the end of fiscal year 2015, and remains at 
        that level through fiscal year 2020.
          (3) An alternative scenario, defined by the President 
        and based on current war and withdrawal plans, which 
        takes into account expected troop levels and the 
        expected length of time that troops will be deployed in 
        support of Operation Iraqi Freedom and Operation 
        Enduring Freedom.
  (c) Special Considerations.--The estimates required for each 
scenario shall make projections through at least fiscal year 
2020, shall be adjusted appropriately for inflation, shall be 
based on historical trends, and to the maximum extent 
practicable shall take into account and specify the following:
          (1) The total number of troops expected to be 
        activated and deployed to Iraq and Afghanistan during 
        the course of Operation Iraqi Freedom and Operation 
        Enduring Freedom. This number shall include all troops 
        deployed in the region in support of Operation Iraqi 
        Freedom and Operation Enduring Freedom and activated 
        reservists in the United States who are training, 
        backfilling for deployed troops, or supporting other 
        Department of Defense missions directly or indirectly 
        related to Operation Iraqi Freedom and Operation 
        Enduring Freedom. This number shall also break down 
        activations and deployments of Active Duty, Reservists, 
        and National Guard troops.
          (2) The number of troops, including National Guard 
        and Reserve troops, who have served and who are 
        expected to serve multiple deployments.
          (3) The number of contractors and private military 
        security firms that have been utilized and are expected 
        to be utilized during the course of the conflicts in 
        Iraq and Afghanistan.
          (4) The number of veterans currently suffering and 
        expected to suffer from Post-Traumatic Stress Disorder, 
        Traumatic Brain Injury, or other mental injuries.
          (5) The number of veterans currently in need of and 
        expected to be in need of prosthetic care and treatment 
        because of amputations incurred during Operation Iraqi 
        Freedom and Operation Enduring Freedom.
          (6) The current number of pending Department of 
        Veterans Affairs claims from Iraq and Afghanistan 
        veterans, and the total number of Iraq and Afghanistan 
        veterans expected to seek disability compensation 
        benefits from the Department of Veterans Affairs.
          (7) The total number of troops who have been killed 
        and wounded in Iraq and Afghanistan to date, including 
        noncombat casualties, the total number of troops 
        expected to suffer injuries in Iraq and Afghanistan, 
        and the total number of troops expected to be killed in 
        Iraq and Afghanistan, including noncombat casualties.
          (8) Funding already appropriated for the Department 
        of Defense, the Department of State, and the Department 
        of Veterans Affairs for costs related to the wars in 
        Iraq and Afghanistan. This shall include an account of 
        the amount of funding from regular Department of 
        Defense, Department of State, and Department of 
        Veterans Affairs budgets that has gone and will go to 
        Iraq and Afghanistan.
          (9) Current and future operational expenditures, 
        including funding for combat operations; deploying, 
        transporting, feeding, and housing troops (including 
        fuel costs); deployment of National Guard and Reserve 
        troops; the equipping and training of Iraqi and Afghan 
        forces; purchasing, upgrading, and repairing weapons, 
        munitions and other equipment; and payments to other 
        countries for logistical assistance.
          (10) Past, current, and future cost of government 
        contractors and private military security firms.
          (11) Average annual cost for each troop and combat 
        brigade deployed in support of Operation Iraqi Freedom 
        and Operation Enduring Freedom, including room and 
        board, equipment and body armor, transportation of 
        troops and equipment (including fuel costs), and 
        operational costs.
          (12) Current and future cost of combat-related 
        special pays and benefits, including reenlistment 
        bonuses.
          (13) Current and future cost of activating National 
        Guard and Reserve forces and paying them on a full-time 
        basis.
          (14) Current and future cost for reconstruction, 
        embassy operations and construction, and foreign aid 
        programs for Iraq and Afghanistan.
          (15) Current and future cost of bases and other 
        infrastructure to support United States troops in Iraq 
        and Afghanistan.
          (16) Current and future cost of providing healthcare 
        for returning veterans. This estimate shall include the 
        cost of mental health treatment for veterans suffering 
        from Post-Traumatic Stress Disorder and Traumatic Brain 
        Injury, and other mental problems as a result of their 
        service in Operation Iraqi Freedom and Operation 
        Enduring Freedom. This estimate shall also include the 
        cost of lifetime prosthetics care and treatment for 
        veterans suffering from amputations as a result of 
        their service in Operation Iraqi Freedom and Operation 
        Enduring Freedom.
          (17) Current and future cost of providing Department 
        of Veterans Affairs disability benefits for lifetime of 
        veterans.
          (18) Current and future cost of providing survivors' 
        benefits to survivors of service members.
          (19) Cost of bringing troops and equipment home at 
        the end of the wars, including cost of demobilizing 
        troops, transporting troops home (including fuel 
        costs), providing transition services from active duty 
        to veteran status, transporting equipment, weapons, and 
        munitions (including fuel costs), and an estimate of 
        the value of equipment which will be left behind.
          (20) Cost to restore the military and military 
        equipment, including the National Guard and National 
        Guard equipment, to full strength after the wars.
          (21) Cost of the administration's plan to permanently 
        increase the Army and Marine Corps by 92,000.
          (22) Amount of money borrowed to pay for the wars in 
        Iraq and Afghanistan, and the sources of that money.
          (23) Interest on borrowed money, including interest 
        for money already borrowed and anticipated interest 
        payments on future borrowing for the war in Iraq and 
        the war in Afghanistan to the extent all spending 
        associated with the war in Iraq and the war in 
        Afghanistan have been and will be financed with 
        borrowed money.
                              ----------                              

    42. An Amendment To Be Offered by Representative Eshoo, Anna of 
          California or Her Designee, Debatable for 10 Minutes

  At the end of subtitle C of title IX, add the following new 
section:

SEC. 923. AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY 
                    OFFICE.

  (a) Audits.--Title V of the National Security Act of 1947 (50 
U.S.C. 413 et seq.) is amended by adding at the end the 
following new section:

 ``AUDITS OF INTELLIGENCE COMMUNITY BY GOVERNMENT ACCOUNTABILITY OFFICE

  ``Sec. 508.  (a) In General.--Except as provided in 
subsection (b), the Director of National Intelligence shall 
ensure that personnel of the Government Accountability Office 
designated by the Comptroller General are provided with access 
to all information in the possession of an element of the 
intelligence community that the Comptroller General determines 
is necessary for such personnel to conduct an analysis, 
evaluation, or investigation of a program or activity of an 
element of the intelligence community that is requested by one 
of the congressional intelligence committees.
  ``(b) Audits of Programs Involving Sources and Methods.--(1) 
If the Director of National Intelligence determines that a 
portion of an analysis, evaluation, or investigation to be 
conducted by the Comptroller General that is requested by a 
committee of Congress with jurisdiction over the subject of 
such analysis, evaluation, or investigation involves a matter 
that is subject to the reporting requirements of section 503 or 
intelligence sources or methods, such portion may be redacted 
from such analysis, evaluation, or investigation and provided 
exclusively to the congressional intelligence committees.
  ``(2) If the Director of National Intelligence redacts a 
portion of an analysis, evaluation, or investigation under 
paragraph (1), the Director shall inform the committee of 
Congress that requested such analysis, evaluation, or 
investigation of the redaction.
  ``(c) Notice of Analysis, Evaluation, or Investigation and 
Procedures.--Not later than 15 days before initiating an 
analysis, evaluation, or investigation of an element of the 
intelligence community, the Comptroller General shall submit to 
the congressional intelligence committees a notice that 
includes--
          ``(1) a description of the analysis, evaluation, or 
        investigation to occur and the purposes of such 
        analysis, evaluation, or investigation;
          ``(2) the names of the personnel who will conduct 
        such analysis, evaluation, or investigation and the 
        level of security clearance possessed by such 
        personnel; and
          ``(3) the procedures to be used in the course of such 
        analysis, evaluation, or investigation for examining 
        classified information, including a description of all 
        facilities and materials that will be used.
  ``(d) Discussion of Procedures.--(1) Prior to initiating an 
analysis, evaluation, or investigation of an element of the 
intelligence community, the Comptroller General, in 
consultation with the congressional intelligence committees, 
shall discuss with the Director of National Intelligence the 
procedures for conducting such analysis, evaluation, or 
investigation.
  ``(2) Not later than five days after the discussion referred 
to in paragraph (1), the Director of National Intelligence may 
submit to the Comptroller General a written comment suggesting 
any changes or modifications to the procedures referred to in 
paragraph (1).
  ``(e) Confidentiality.--The Comptroller General shall 
maintain the same level of confidentiality for a record made 
available during the course of an analysis, evaluation, or 
investigation involving sources or methods as is required of 
the head of the element of the intelligence community from 
which such record is obtained. An officer or employee of the 
Government Accountability Office shall be subject to the same 
statutory penalties for unauthorized disclosure or use of a 
record as an officer or employee of the element of the 
intelligence community that provided the Comptroller General or 
such officer or employee of the Government Accountability 
Office with access to such record.
  ``(f) Workpapers.--All workpapers of the Comptroller General 
and all records and property of any element of the intelligence 
community that the Comptroller General uses during the course 
of an analysis, evaluation, or investigation involving sources 
or methods shall remain in facilities provided by the element 
of the intelligence community providing such records and 
property.
  ``(g) Provision of Supplies.--The head of each element of the 
intelligence community that is a subject of an analysis, 
evaluation, or investigation by the Comptroller General 
involving sources or methods shall provide the Comptroller 
General with suitable and secure offices and furniture, 
telephones, and access to copying facilities, for purposes of 
such analysis, evaluation, or investigation.
  ``(h) Procedures for Protection of Information.--The 
Comptroller General, in consultation with the congressional 
intelligence committees, shall establish procedures to protect 
from unauthorized disclosure all classified and other sensitive 
information furnished to the Comptroller General in the course 
of conducting an analysis, evaluation, or investigation 
involving sources and methods.
  ``(i) Submission of Names of Personnel Conducting Analysis, 
Evaluation, or Investigation.--Prior to initiating an analysis, 
evaluation, or investigation involving sources and methods, the 
Comptroller General shall provide the Director of National 
Intelligence and the head of each element of the intelligence 
community that is a subject of such analysis, evaluation, or 
investigation with the name of each officer and employee of the 
Government Accountability Office who has obtained appropriate 
security clearance and to whom, upon proper identification, the 
head of such element shall make available records and 
information during the course of such analysis, evaluation, or 
investigation.
  ``(j) Cooperation.--The head of each element of the 
intelligence community that is a subject of an analysis, 
evaluation, or investigation shall cooperate fully with the 
Comptroller General and provide timely responses to requests by 
the Comptroller General for documentation and information made 
pursuant to this section.
  ``(k) Rule of Construction.--Except as provided in subsection 
(b), nothing in this section or any other provision of law 
shall be construed to restrict or limit the authority of the 
Comptroller General to audit, evaluate, or obtain access to the 
records of an element of the intelligence community absent 
specific statutory language restricting or limiting such 
audits, evaluations, or access to records.''.
                              ----------                              

43. An Amendment To Be Offered by Representative Murphy, Christopher of 
         Connecticut or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. ADDITIONAL INFORMATION ON WAIVERS UNDER BUY AMERICAN ACT BY 
                    DEPARTMENT OF DEFENSE REQUIRED TO BE INCLUDED IN 
                    ANNUAL REPORT.

   Section 812 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. 2501 note) is 
amended in subsection (c)(2)(A) by striking clause (vi) and 
inserting the following:
                  ``(v) An itemized list of all waivers granted 
                with respect to such articles, materials, or 
                supplies under the Buy American Act (41 U.S.C. 
                10a et seq.), including--
                          ``(I) an analysis of the domestic 
                        capacity to supply the articles, 
                        materials, or supplies; and
                          ``(II) an analysis of the reasons for 
                        an increase or decrease in the number 
                        of waivers granted from fiscal year to 
                        fiscal year.''.
                              ----------                              

 44. An Amendment To Be Offered by Representative Richardson, Laura of 
          California or Her Designee, Debatable for 10 Minutes

  Page 99, after line 23, insert the following:

SEC. 336. REQUIREMENT TO UPDATE STUDY ON STRATEGIC SEAPORTS.

  The Commander of the United States Transportation Command 
shall update the study entitled ``PORT LOOK 2008 Strategic 
Seaports Study''. In updating the study under this section, the 
commander shall consider the infrastructure in the vicinity of 
a strategic port, including bridges, roads, and rail, and any 
issues relating to the capacity and condition of such 
infrastructure
                              ----------                              

    45. An Amendment To Be Offered by Representative Murphy, Tim of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  At the end of title VI, add the following new section:

SEC. 6_. REPORT ON PROVISION OF ADDITIONAL INCENTIVES FOR RECRUITMENT 
                    AND RETENTION OF HEALTH CARE PROFESSIONALS FOR 
                    RESERVE COMPONENTS.

  Not later than 90 days after the date of the enactment of 
this Act, the Surgeons General of the Army, Navy, and Air Force 
shall submit to Congress a report on their staffing needs for 
health care professionals in the active and reserve components 
of the Armed Forces. The report shall specifically identify the 
positions in most critical need for additional health care 
professionals, including the number of physicians needed and 
whether additional behavioral health professionals, such as 
psychologists and psychiatrists, are needed to treat members of 
the Armed Forces for the growing concerns of post traumatic 
stress disorder and traumatic brain injury. The report shall 
include recommendations for providing incentives for health 
care professionals with more than 20 years of clinical 
experience to join the active or reserve components, including 
whether changes in age or length of service requirements to 
qualify for partial retired pay for non-regular service could 
be used as a recruitment or retention incentives.
                              ----------                              

46. An Amendment To Be Offered by Representative Space, Zachary of Ohio 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title V (page 151, after line 
12), add the following new section:

SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE OF RELEASE OR 
                    DISCHARGE FROM ACTIVE DUTY (DD FORM 214).

  Section 596 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 1168 note) is 
amended--
          (1) by inserting ``(a) Election to Forward 
        Certificate to VA Offices--'' before ``The Secretary of 
        Defense''; and
          (2) by adding at the end the following new 
        subsection:
  ``(b) Secure Method of Electronic Delivery.--
          ``(1) Development and implementation.--The Secretary 
        of Veterans Affairs, in consultation with the Secretary 
        of Defense, shall develop and implement a secure 
        electronic method of forwarding the DD Form 214 to the 
        appropriate office specified in subsection (a)(2). The 
        Secretary of Veterans Affairs shall ensure that the 
        method permits such offices to access the forms 
        electronically using current computer operating 
        systems.
          ``(2) Authority to cease delivery.--In developing the 
        secure electronic method of forwarding DD Forms 214, 
        the Secretary of Veterans Affairs shall ensure that the 
        information provided is not disclosed or used for 
        unauthorized purposes and may cease forwarding the 
        forms electronically to an office specified in 
        subsection (a)(2) if demonstrated problems arise.''.
                              ----------                              

  47. An Amendment To Be Offered by Representative Sarbanes, John of 
           Maryland or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. OFFICE OF FEDERAL PROCUREMENT POLICY ACT AMENDMENTS.

  (a) Service Contract Inventory Requirement.--
          (1) In general.--The Office of Federal Procurement 
        Policy Act (41 U.S.C. 403 et seq.) is amended by adding 
        at the end the following new section:

``SEC. 45. SERVICE CONTRACT INVENTORY REQUIREMENT.

  ``(a) Service Contract Inventory Requirement.--
          ``(1) Guidance.--The Director of the Office of 
        Management and Budget shall develop and disseminate 
        guidance to aid executive agencies in establishing 
        systems for the collection of information required to 
        meet the requirements of this section and to ensure 
        consistency of inventories across agencies.
          ``(2) Report.--The Director of the Office of 
        Management and Budget shall submit a report to Congress 
        on the status of efforts to enable executive agencies 
        to prepare the inventories required under paragraph 
        (3), including the development, as appropriate, of 
        guidance, methodologies, and technical tools.
          ``(3) Inventory contents.--Not later than December 
        31, 2010, and annually thereafter, the head of each 
        executive agency required to submit an inventory in 
        accordance with the Federal Activities Inventory Reform 
        Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note), 
        other than the Department of Defense, shall submit to 
        the Office of Management and Budget an annual inventory 
        of service contracts awarded or extended through the 
        exercise of an option or a task order, for or on behalf 
        of such agency. For each service contract, the entry 
        for an inventory under this section shall include, for 
        the preceding fiscal year, the following:
                  ``(A) A description of the services purchased 
                by the executive agency and the role the 
                services played in achieving agency objectives, 
                regardless of whether such a purchase was made 
                through a contract or task order.
                  ``(B) The organizational component of the 
                executive agency administering the contract, 
                and the organizational component of the agency 
                whose requirements are being met through 
                contractor performance of the service.
                  ``(C) The total dollar amount obligated for 
                services under the contract and the funding 
                source for the contract.
                  ``(D) The total dollar amount invoiced for 
                services under the contract.
                  ``(E) The contract type and date of award.
                  ``(F) The name of the contractor and place of 
                performance.
                  ``(G) The number and work location of 
                contractor and subcontractor employees, 
                expressed as full-time equivalents for direct 
                labor, compensated under the contract, using 
                direct labor hours and associated cost data 
                collected from contractors.
                  ``(H) Whether the contract is a personal 
                services contract.
                  ``(I) Whether the contract was awarded on a 
                noncompetitive basis, regardless of date of 
                award.
  ``(b) Form.--Reports required under this section shall be 
submitted in unclassified form, but may include a classified 
annex.
  ``(c) Publication.--Not later than 30 days after the date on 
which the inventory under subsection (a)(3) is required to be 
submitted to the Office of Management and Budget, the head of 
each executive agency shall--
          ``(1) make the inventory available to the public; and
          ``(2) publish in the Federal Register a notice that 
        the inventory is available to the public.
  ``(d) Government-wide Inventory Report.--Not later than 90 
days after the deadline for submitting inventories under 
subsection (a)(3), and annually thereafter, the Director of the 
Office of Management and Budget shall submit to Congress and 
make publicly available on the Office of Management and Budget 
website a report on the inventories submitted. The report shall 
identify whether each agency required to submit an inventory 
under subsection (a)(3) has met such requirement and summarize 
the information submitted by each executive agency required to 
have a Chief Financial Officer pursuant to section 901 of title 
31, United States Code.
  ``(e) Review and Planning Requirements.--Not later than 180 
days after the deadline for submitting inventories under 
subsection (a)(3) for an executive agency, the head of the 
executive agency, or an official designated by the agency head 
shall--
          ``(1) review the contracts and information in the 
        inventory;
          ``(2) ensure that--
                  ``(A) each contract in the inventory that is 
                a personal services contract has been entered 
                into, and is being performed, in accordance 
                with applicable laws and regulations;
                  ``(B) the contracts do not include to the 
                maximum extent practicable functions that are 
                closely associated with inherently governmental 
                functions;
                  ``(C) the agency is not using contractor 
                employees to perform inherently governmental 
                functions;
                  ``(D) the agency has specific safeguards and 
                monitoring systems in place to ensure that work 
                being performed by contractors has not changed 
                or expanded during performance to become an 
                inherently governmental function;
                  ``(E) the agency is not using contractor 
                employees to perform critical functions in such 
                a way that could affect the ability of the 
                agency to maintain control of its mission and 
                operations; and
                  ``(F) there are sufficient internal agency 
                resources to manage and oversee contracts 
                effectively;
          ``(3) identify contracts that have been poorly 
        performed, as determined by a contracting officer, 
        because of excessive costs or inferior quality; and
          ``(4) identify contracts that should be considered 
        for conversion to--
                  ``(A) performance by Federal employees of the 
                executive agency in accordance with agency 
                insourcing guidelines required under section 
                736 of the Financial Services and General 
                Government Appropriations Act, 2009 (Public Law 
                111-8, division D) and section 46 of this Act; 
                or
                  ``(B) an alternative acquisition approach 
                that would better enable the agency to 
                efficiently utilize its assets and achieve its 
                public mission.
  ``(f) Report on Actions Taken in Response to Annual 
Inventory.--Not later than one year after submitting an annual 
inventory under subsection (a)(3), the head of each executive 
agency submitting such an inventory shall submit to the Office 
of Management and Budget a report summarizing the actions taken 
pursuant to subsection (e), including any actions taken to 
consider and convert functions from contractor to Federal 
employee performance. The report shall be included as an 
attachment to the next annual inventory and made publicly 
available in accordance with subsection (c).
  ``(g) Submission of Service Contract Inventory Before Public-
private Competition.--Notwithstanding any other provision of 
law, beginning in fiscal year 2011, if an executive agency has 
not submitted to the Office of Management and Budget the 
inventory required under subsection (a)(3) for the prior fiscal 
year, the agency may not begin, plan for, or announce a study 
or public-private competition regarding the conversion to 
contractor performance of any function performed by Federal 
employees pursuant to Office of Management and Budget Circular 
A-76 or any other administrative regulation or directive until 
such time as the inventory is submitted for the prior fiscal 
year.
  ``(h) GAO Reports on Implementation.--
          ``(1) Report on guidance.--Not later than 120 days 
        after submission of the report by the Director of the 
        Office of Management and Budget required under 
        subsection (a)(2), the Comptroller General of the 
        United States shall report on the guidance issued and 
        actions taken by the Director. The report shall be 
        submitted to the Committee on Homeland Security and 
        Governmental Affairs and the Committee on 
        Appropriations of the Senate and the Committee on 
        Oversight and Government Reform and the Committee on 
        Appropriations of the House of Representatives.
          ``(2) Reports on inventories.--
                  ``(A) Initial inventory.--Not later than 
                September 30, 2011, the Comptroller General of 
                the United States shall submit a report to the 
                Committees named in the preceding paragraph on 
                the initial implementation by executive 
                agencies of the inventory requirement in 
                subsection (a)(3) with respect to inventories 
                required to be submitted by December 31, 2010.
                  ``(B) Second inventory.--Not later than 
                September 30, 2012, the Comptroller General 
                shall submit a report to the same Committees on 
                annual inventories required to be submitted by 
                December 31, 2011.
          ``(3) Periodic briefings.--The Comptroller General 
        shall provide periodic briefings, as may be requested 
        by the Committees, on matters related to implementation 
        of this section.
  ``(i) Executive Agency Defined.--In this section, the term 
`executive agency' has the meaning given the term in section 4 
of the Office of Federal Procurement Policy Act (41 U.S.C. 
403).''.
          (2) Clerical amendment.--The table of sections in 
        section 1 of such Act is amended by adding at the end 
        the following new item:

``Sec. 45. Service contract inventory requirement.''.

          (3) Repeal of superseded law.--Section 743(c) of the 
        Financial Services and General Government 
        Appropriations Act, 2010 (Public Law 111-117; 123 Stat. 
        3216) is amended by striking ``and annually 
        thereafter,''.
  (b) Prohibition Against Direct Conversions.--
          (1) In general.--Section 43(a)(1) of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 439) is 
        amended by striking ``10 or more''.
          (2) Guidance.--Not later than 60 days after the date 
        of the enactment of this Act, the Director of the 
        Office of Management and Budget shall issue guidance to 
        all Federal agencies other than the Department of 
        Defense to ensure that no function last performed by 
        Federal employees is converted to contractor 
        performance without complying with the requirements of 
        section 43 of such Act, as amended by this section.
  (c) Guidelines on Insourcing New and Contracted Out 
Functions.--
          (1) In general.--The Office of Federal Procurement 
        Policy Act (41 U.S.C. 403 et seq.), as amended by 
        subsection (a), is further amended by adding at the end 
        the following new section:

``SEC. 46. GUIDELINES ON INSOURCING NEW AND CONTRACTED OUT FUNCTIONS.

  ``(a) Guidelines Required.--(1) The heads of executive 
agencies subject to the Federal Activities Inventory Reform Act 
of 1998 (Public Law 105-270; 31 U.S.C. 501 note) shall devise 
and implement guidelines and procedures to ensure that 
consideration is given to using, on a regular basis, Federal 
employees to perform new functions and functions that are 
performed by contractors and could be performed by Federal 
employees.
  ``(2) The guidelines and procedures required under 
subparagraph (A) may not include any specific limitation or 
restriction on the number of functions or activities that may 
be converted to performance by Federal employees.
  ``(b) Special Consideration for Certain Functions.--The 
guidelines and procedures required under paragraph (1) shall 
provide for special consideration to be given to using Federal 
employees to perform any function that--
          ``(1) is performed by a contractor and--
                  ``(A) has been performed by Federal employees 
                at any time during the previous 10 years;
                  ``(B) is a function closely associated with 
                the performance of an inherently governmental 
                function;
                  ``(C) has been performed pursuant to a 
                contract awarded on a non-competitive basis; or
                  ``(D) has been performed poorly, as 
                determined by a contracting officer during the 
                5-year period preceding the date of such 
                determination, because of excessive costs or 
                inferior quality; or
          ``(2) is a new requirement, with particular emphasis 
        given to a new requirement that is similar to a 
        function previously performed by Federal employees or 
        is a function closely associated with the performance 
        of an inherently governmental function.
  ``(c) Exclusion of Certain Functions From Competitions.--The 
head of an executive agency may not conduct a public-private 
competition under Office of Management and Budget Circular A-76 
or any other provision of law or regulation before--
          ``(1) in the case of a new agency function, assigning 
        the performance of the function to Federal employees;
          ``(2) in the case of any agency function described in 
        paragraph (2), converting the function to performance 
        by Federal employees; or
          ``(3) in the case of an agency function performed by 
        Federal employees, expanding the scope of the function.
  ``(d) Deadline.--(1) The head of each executive agency shall 
implement the guidelines and procedures required under this 
subsection by not later than 120 days after the date of the 
enactment of this subsection.
          ``(2) Not later than 210 days after the date of the 
        enactment of this subsection, the Government 
        Accountability Office shall submit a report on the 
        implementation of this subsection to the Committees on 
        Appropriations of the House of Representatives and the 
        Senate, the Committee on Oversight and Government 
        Reform of the House of Representatives, and the 
        Committee on Homeland Security and Governmental Affairs 
        of the Senate.
  ``(e) Definitions.--In this subsection:
          ``(1) The term `inherently governmental functions' 
        has the meaning given such term in subpart 7.5 of part 
        7 of the Federal Acquisition Regulation.
          ``(2) The term `functions closely associated with 
        inherently governmental functions' means the functions 
        described in section 7.503(d) of the Federal 
        Acquisition Regulation.
  ``(f) Applicability.--This subsection shall not apply to the 
Department of Defense.''.
          (2) Clerical amendment.--The table of sections in 
        section 1 of such Act, as amended by subsection (a), is 
        further amended by adding at the end the following new 
        item:

``Sec. 46. Guidelines on insourcing new and contracted out functions.''.

          (3) Repeal of superseded law.--Subsection (b) of 
        section 739 of division D of the Consolidated 
        Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
        2030) is repealed.
  (d) Conversion of Functions to Performance by Federal 
Employees.--
          (1) Decision to insource.--The Office of Management 
        and Budget shall not establish any numerical goal, 
        target, or quota for the conversion to performance by 
        Federal employees of functions previously performed by 
        contractors unless such goal, target, or quota is based 
        on considered research and analysis.
          (2) Reports.--
                  (A) Report to congress.--The Office of 
                Management and Budget shall submit to Congress 
                a report on the aggregate results of the 
                efforts of each Federal agency to convert 
                functions from contractor performance to 
                performance by Federal agency employees made 
                during fiscal year 2010. Such report shall 
                include--
                          (i) agency decisions for converting 
                        such functions to Federal employee 
                        performance;
                          (ii) the basis and rationale for the 
                        agency decisions;
                          (iii) the number of contractor 
                        employees whose functions were 
                        converted to performance by Federal 
                        employees.
                  (B) Comptroller general report.--Not later 
                than 120 days after the submittal of the report 
                under paragraph (1), the Comptroller General of 
                the United States shall submit to the Committee 
                on Oversight and Government Reform of the House 
                of Representatives, and the Committee on 
                Homeland Security and Governmental Affairs of 
                the Senate an assessment of the report.
          (3) Department of defense.--Nothing in this 
        subsection shall apply to the Department of Defense.
                              ----------                              

   48. An Amendment To Be Offered by Representative Walz, Timothy of 
          Minnesota or His Designee, Debatable for 10 Minutes

  Strike subtitle F of title VI and insert the following new 
subtitle:

           Subtitle F--Alternative Career Track Pilot Program

SEC. 661. PILOT PROGRAM TO EVALUATE ALTERNATIVE CAREER TRACK FOR 
                    COMMISSIONED OFFICERS TO FACILITATE AN INCREASED 
                    COMMITMENT TO ACADEMIC AND PROFESSIONAL EDUCATION 
                    AND CAREER-BROADENING ASSIGNMENTS.

  (a) Program Authorized.--Chapter 39 of title 10, United 
States Code, is amended by inserting after section 672 the 
following new section:

``Sec. 673. Alternative career track for commissioned officers pilot 
                    program

  ``(a) Program Authorized.--(1) Under regulations prescribed 
pursuant to subsection (g) and approved by the Secretary of 
Defense, the Secretary of a military department may establish a 
pilot program for an armed force under the jurisdiction of the 
Secretary under which an eligible commissioned officer, while 
on active duty--
          ``(A) participates in a separate career track 
        characterized by expanded career opportunities 
        extending over a longer career;
          ``(B) agrees to an additional active duty service 
        obligation of at least five years to be served 
        concurrently with other active duty service 
        obligations; and
          ``(C) would be required to accept further active duty 
        service obligations, as determined by the Secretary, to 
        be served concurrently with other active duty service 
        obligations, including the active duty service 
        obligation accepted under subparagraph (B), in 
        connection with the officer's entry into education 
        programs, selection for career broadening assignments, 
        acceptance of additional special and incentive pays, or 
        selection for promotion.
  ``(2) The Secretary of the military department concerned may 
waive an active duty service obligation accepted under 
subparagraph (B) or (C) of paragraph (1) to facilitate the 
separation or retirement of a participant in the program.
  ``(3) The program shall be known as the `Alternative Career 
Track Pilot Program' (in this section referred to as the 
`program').
  ``(b) Eligible Officers.--Commissioned officers with between 
13 and 18 years of service are eligible to volunteer to 
participate in the program.
  ``(c) Number of Participants.--No more than 50 officers of 
each armed force may be selected per year to participate in the 
program.
  ``(d) Alternative Career Elements of Program.--(1) The 
Secretaries of the military departments may establish separate 
basic pay and special and incentive pay and promotion systems 
unique to the officers participating in the program, without 
regard to the requirements of this title, title 37, or 
administrative year group cohort designation..
  ``(2) The Secretaries of the military departments may 
establish separation and retirement policies for officers 
participating in the program without regard to grade and years 
of service requirements established under this title.
  ``(3) Participants serving in a grade below brigadier general 
or rear admiral (lower half) may serve in the grade without 
regard to the limits on the number of officers in the grade 
established under this title.
  ``(e) Treatment of General and Flag Officer Participants.--
(1) A participant serving in a grade above colonel, or captain 
in the Navy, but below lieutenant general or vice admiral, 
shall be--
          ``(A) counted for purposes of general officer and 
        flag officer limits on grade and the total number 
        serving as general officers and flag officers, if the 
        participant is serving in a position requiring the 
        assignment of a military officer; but
          ``(B) excluded from limits on grade and the total 
        number serving as general officers and flag officers, 
        if the participant is serving in a position not 
        typically occupied by a military officer.
  ``(2) A participant serving in the grade of lieutenant 
general, vice admiral, general, or admiral shall be counted for 
purposes of general officer and flag officer limits on grade 
and the total number serving as general officers and flag 
officers.
  ``(f) Return to Standard Career Path; Effect.--(1) The 
Secretaries of the military departments retain the authority to 
involuntarily return an officer to the standard career path.
  ``(2) The Secretary of the military department concerned may 
return an officer to the standard career path at the request of 
the officer.
  ``(3) If the program is terminated pursuant to paragraph (4) 
or (5) of subsection (i), officers participating in the program 
at the time of the termination shall be returned to the 
standard career path with appropriate adjustments to their 
administrative record to ensure they are not penalized for 
participating in the pilot program.
  ``(4) An officer returned to the standard career path under 
paragraph (1), (2), or (3) shall retain the grade, date-of-
rank, and basic pay level earned while a participant in the 
program but shall revert to the special and incentive pay 
authorities established in title 37 upon the expiration of the 
agreement between the Secretary and the officer providing any 
special and incentive pays under the program. Subsequent 
increases in the officer's rate of monthly basic pay shall 
conform to the annual percentage increases in basic pay rates 
provided in the basic pay table.
  ``(5) Services will adjust the participating officer's cohort 
year group to the appropriate year to ensure the officer 
remains competitive for all promotions and command 
opportunities in their standard career path.
  ``(g) Annual Report.--(1) The Secretaries of the military 
departments, in cooperation with the Secretary of Defense, 
shall submit to the Committees on Armed Services of the Senate 
and House of Representatives an annual report containing the 
findings and recommendations of the Secretary of Defense and 
the Secretaries of the military departments concerning the 
progress of the program for each armed force.
  ``(2) The Secretary of a military department, with the 
consent of the Secretary of Defense, may include in the report 
for a year a recommendation that the program be made permanent 
for an armed force under the jurisdiction of that Secretary.
  ``(h) Regulations.--The Secretary of each military department 
shall prescribe regulations to carry out the program. The 
regulations shall be subject to the approval of the Secretary 
of Defense.
  ``(i) Commencement; Duration.--(1) Before authorizing the 
commencement of the program for an armed force, the Secretary 
of the military department concerned, with the consent of the 
Secretary of Defense, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a report 
containing the detailed program structure of the alternative 
career track, associated personnel and compensation policies, 
implementing instructions and regulations, and a summary of the 
specific provisions of this title and title 37 to be waived 
under the program. The authority to conduct the program for 
that armed force commences 120 days after the date of the 
submission of the report.
  ``(2) The Secretary of the military department concerned, 
with the consent of the Secretary of Defense, may authorize 
revision of the program structure, associated personnel and 
compensation policies, implementing instructions and 
regulations, or laws waived, as submitted by the Secretary 
under paragraph (1). The Secretary of the military department 
concerned, with the consent of the Secretary of Defense, shall 
submit the proposed revisions to the Committees on Armed 
Services of the Senate and House of Representatives. The 
revisions shall take effect 120 days after the date of their 
submission.
  ``(3) If the program for an armed force has not commenced 
before December 31, 2015, as provided in paragraph (1), the 
authority to commence the program for that armed force 
terminates.
  ``(4) No officer may be accepted to participate in the 
program after December 31, 2026.
  ``(5) The Secretary of the military department concerned, 
with the consent of the Secretary of Defense, may terminate the 
pilot program for an armed force before the date specified in 
paragraph (4). Not later than 90 days after terminating the 
pilot program, the Secretary of the military department 
concerned, in cooperation with the Secretary of Defense, shall 
submit to the Committees on Armed Services of the Senate and 
House of Representatives a report containing the reasons for 
the termination.''.
  (b) Clerical Amendment.--The table of sections at the 
beginning of such chapter is amended by inserting after the 
item relating to section 672 the following new item:

``673. Alternative career track for commissioned officers pilot 
          program.''.
                              ----------                              

 49. An Amendment To Be Offered by Representative Childers, Travis of 
         Mississippi or His Designee, Debatable for 10 Minutes

  Page 528, after line 17, insert the following:

SEC. 1523. REPORT ON MINE RESISTANT AMBUSH PROTECTED VEHICLES.

  (a) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report on the 
procurement of mine resistant ambush protected vehicles.
  (b) Matters Included.--The report under subsection (a) shall 
include the following:
          (1) An evaluation of potential cost benefits and 
        manufacturing efficiencies with respect to mine 
        resistant ambush protected vehicles.
          (2) An evaluation of the advisability and feasibility 
        of sustained low-level production of mine resistant 
        ambush protected vehicles across the industrial base as 
        part of a long-term sustainment fleet integration 
        strategy.
                              ----------                              

50. An Amendment To Be Offered by Representative Broun, Paul of Georgia 
               or His Designee, Debatable for 10 Minutes

  At the appropriate place in the bill insert the following:

Whereas, on January 12, 2010, the nation of Haiti was hit by a magnitude 
7.0 earthquake, adversely affecting nearly 3,000,000 people;

Whereas the United States Government has provided millions of dollars in 
humanitarian assistance to meet immediate needs on the ground and plans to 
give more over the next year;

Whereas the United States Armed Forces have diligently worked to aid the 
people of Haiti during their time of need, providing humanitarian aid and 
logistical support;

Whereas the United States Armed Forces, civilians, and charitable groups 
have led the charge in an effort to maintain civility and bring some small 
semblance of hope to the devastated nation;

Whereas members of the United States Armed Forces serve as the premier 
ambassadors of liberty, freedom, and goodwill when tasked with a 
humanitarian mission;

Whereas the generosity of the people of the United States is known the 
world over and the United States flag is universally recognized as a symbol 
of that generosity; and

Whereas the United States Government has provided more aid to the nation of 
Haiti than all other nations combined: Now, therefore, be it

  Resolved by the House of Representatives (the Senate 
concurring), That Congress--
          (1) commends the United States Armed Forces for their 
        commitment to completing their humanitarian mission in 
        Haiti; and
          (2) encourages the President to order the United 
        States flag to be flown over all military and civilian 
        outposts in Haiti under the United States' 
        jurisdiction.
                              ----------                              

  51. An Amendment To Be Offered by Representative Edwards, Donna of 
           Maryland or Her Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. REQUIREMENT TO INCLUDE EFFECTS ON DOMESTIC JOBS IN PERIODIC 
                    ASSESSMENTS OF DEFENSE CAPABILITY.

  Section 2505(b)(4) of title 10, United States Code, is 
amended by inserting after ``title)'' the following: ``, 
including the effects on domestic jobs,''.
                              ----------                              

   52. An Amendment To Be Offered by Representative Carson, Andre of 
           Indiana or His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title V, add the following new 
section:

SEC. 5__. MATTERS COVERED BY PRESEPARATION COUNSELING FOR MEMBERS OF 
                    THE ARMED FORCES AND THEIR SPOUSES.

  Section 1142(b) of title 10, United States Code, is amended--
          (1) in paragraph (5), by striking ``job placement 
        counseling for the spouse'' and inserting ``inclusion 
        of the spouse when counseling regarding the matters 
        covered by paragraphs (9), (10), and (16) is provided, 
        job placement counseling for the spouse, and the 
        provision of information on survivor benefits available 
        under the laws administered by the Secretary of Defense 
        or the Secretary of Veterans Affairs'';
          (2) in paragraph (9), by inserting before the period 
        the following: ``, including information on budgeting, 
        saving, credit, loans, and taxes'';
          (3) in paragraph (10), by striking ``and employment'' 
        and inserting ``, employment, and financial'';
          (4) by striking paragraph (16) and inserting the 
        following new paragraph:
          ``(16) Information on home loan services and housing 
        assistance benefits available under the laws 
        administered by the Secretary of Veterans Affairs and 
        counseling on responsible borrowing practices.''; and
          (5) in paragraph (17), by inserting before the period 
        the following: ``, and information regarding the means 
        by which the member can receive additional counseling 
        regarding the member's actual entitlement to such 
        benefits and apply for such benefits''.
                              ----------                              

   53. An Amendment To Be Offered by Representative Foster, Bill of 
           Illinois or His Designee, Debatable for 10 Minutes

  Page 452, after line 10, insert the following:

SEC. 1065. STUDY ON OPTIMAL BALANCE OF MANNED AND UNMANNED AERIAL 
                    VEHICLE CAPABILITY.

  (a) Study.--
          (1) In general.--Not later than 30 days after the 
        date of the enactment of this Act, the Secretary of 
        Defense shall commission a study by an independent, 
        non-profit organization on the optimal balance between 
        manned and unmanned aerial vehicle forces of the Armed 
        Forces.
          (2) Selection.--The independent, non-profit 
        organization selected for the study under paragraph (1) 
        shall be qualified on the basis of having performed 
        work in the fields of national security and combat 
        systems.
  (b) Matters Included.--The study under subsection (a) shall 
include the following:
          (1) With respect to each military department (but in 
        particular the Air Force), an assessment of the 
        feasibility and desirability of a more rapid transition 
        from manned to unmanned vehicles for a range of 
        operations, including combat operations.
          (2) An evaluation of the current ability of each 
        military department to resist attacks mounted by 
        foreign militaries with significant investments in 
        research and development and deployment of unmanned 
        combat drones, including an assessment of each military 
        department's ability to defend against--
                  (A) a large enemy force of unmanned aerial 
                vehicles; and
                  (B) any other relevant unmanned scenario the 
                Secretary determines appropriate.
          (3) An analysis of--
                  (A) current and future capabilities of 
                foreign militaries in developing and deploying 
                unmanned systems; and
                  (B) vulnerabilities to drone systems revealed 
                in past war games and other strategy materials.
          (4) Conclusions on the matters described in 
        paragraphs (1) through (3) and what the independent, 
        non-profit organization conducting the study determines 
        is the optimal balance of investment in development and 
        deployment of manned versus unmanned platforms.
  (c) Report.--Not later than December 1, 2011, the Secretary 
of Defense shall submit to the congressional defense 
committees, the Committee on Oversight and Government Reform of 
the House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report that 
includes the study under subsection (a).
  (d) Form.--
          (1) Study.--The study under subsection (a) shall 
        include a classified annex with respect to the matters 
        described in subsection (b)(3).
          (2) Report.--The report under subsection (c) may 
        include a classified annex.
                              ----------                              

54. An Amendment To Be Offered by Representative Hare, Phil of Illinois 
               or His Designee, Debatable for 10 Minutes

    Page 219, after line 5, insert the following:

SEC. 599. REPORT ON EXPANSION OF NUMBER OF HEIRLOOM CHEST AWARDED TO 
                    SURVIVING FAMILIES.

    The Secretary of the Army shall submit to the congressional 
defense committees a report on the heirloom chest policy of the 
Army, including--
    (1) a detailed explanation of such policy;
    (2) the plans of the Secretary to continue the heirloom 
chest program; and
    (3) an estimate of the procurement costs to expand the 
number of such chests to additional family members.
                              ----------                              

55. An Amendment To Be Offered by Representative Luetkemeyer, Blaine of 
           Missouri or His Designee, Debatable for 10 Minutes

  At the end of subtitle H of title V, add the following new 
section:

SEC. 5_. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH AMERICAN 
                    WORLD WAR I VETERANS.

  (a) Review Required.--The Secretary of the Army and the 
Secretary of the Navy shall review the service records of each 
Jewish American World War I veteran described in subsection (b) 
to determine whether that veteran should be posthumously 
awarded the Medal of Honor.
  (b) Covered Jewish American War Veterans.--The Jewish 
American World War I veterans whose service records are to be 
reviewed under subsection (a) are the following:
          (1) Any Jewish American World War I veteran who was 
        previously awarded the Distinguished Service Cross, the 
        Navy Cross, or other military decoration for service 
        during World War I.
          (2) Any other Jewish American World War I veteran 
        whose name is submitted to the Secretary concerned for 
        such purpose by the Jewish War Veterans of the United 
        States of America before the end of the one-year period 
        beginning on the date of the enactment of this Act.
  (c) Consultations.--In carrying out the review under 
subsection (a), the Secretary concerned shall consult with the 
Jewish War Veterans of the United States of America and with 
such other veterans service organizations as the Secretary 
considers appropriate.
  (d) Recommendation Based on Review.--If the Secretary 
concerned determines, based upon the review under subsection 
(a) of the service records of any Jewish American World War I 
veteran, that the award of the Medal of Honor to that veteran 
is warranted, the Secretary shall submit to the President a 
recommendation that the President award the Medal of Honor 
posthumously to that veteran.
  (e) Authority To Award Medal of Honor.--A Medal of Honor may 
be awarded posthumously to a Jewish American World War I 
veteran in accordance with a recommendation of the Secretary 
concerned under subsection (a).
  (f) Waiver of Time Limitations.--An award of the Medal of 
Honor may be made under subsection (e) without regard to--
          (1) section 3744, 6248, or 8744 of title 10, United 
        States Code; and
          (2) any regulation or other administrative 
        restriction on--
                  (A) the time for awarding the Medal of Honor; 
                or
                  (B) the awarding of the Medal of Honor for 
                service for which a Distinguished Service 
                Cross, Navy Cross, or other military decoration 
                has been awarded.
  (g) Definitions.--In this section:
          (1) The term ``Jewish American World War I veteran'' 
        means any person who served in the Armed Forces during 
        World War I and identified himself or herself as Jewish 
        on his or her military personnel records.
          (2) The term ``Secretary concerned'' means--
                  (A) the Secretary of the Army, in the case of 
                the Army; and
                  (B) the Secretary of the Navy, in the case of 
                the Navy and the Marine Corps.
          (3) The term ``World War I'' means the period 
        beginning on April 6, 1917, and ending on November 11, 
        1918.
                              ----------                              

 56. An Amendment To Be Offered by Representative Dahlkemper, Kathleen 
       of Pennsylvania, or Her Designee, Debatable for 10 Minutes

  Page 122, after line 18, insert the following:

SEC. 359. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES AVAILABLE FOR 
                    DOMESTIC EMERGENCY ASSISTANCE.

  (a) Domestic Authority.--Section 2557 of title 10, United 
States Code, is amended--
          (1) in subsection (a)(1), by adding at the end the 
        following new sentence: ``In addition, the Secretary 
        may make nonlethal excess supplies of the Department 
        available to support domestic emergency assistance 
        activities.''; and
          (2) in subsection (b)--
                  (A) by inserting ``(1)'' before ``Excess''; 
                and
                  (B) by adding at the end the following new 
                paragraph:
  ``(2) Excess supplies made available under this section to 
support domestic emergency assistance activities shall be 
transferred to the Secretary of Homeland Security. The 
Secretary of Defense may provide assistance in the distribution 
of such supplies at the request of the Secretary of Homeland 
Security.''.
  (b) Clerical Amendments.--
          (1) Section heading.--The heading of such section is 
        amended to read as follows:

``Sec. 2557. Excess nonlethal supplies: availability for humanitarian 
                    relief, domestic emergency assistance, and homeless 
                    veterans assistance''.

          (2) Table of sections.--The item relating to such 
        section in the table of sections at the beginning of 
        chapter 152 of such title is amended to read as 
        follows:

``2557. Excess nonlethal supplies: availability for humanitarian relief, 
          domestic emergency assistance, and homeless veterans 
          assistance.''.
                              ----------                              

57. An Amendment To Be Offered by Representative Price, David of North 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. EXTENSION OF REGULATIONS ON CONTRACTORS PERFORMING PRIVATE 
                    SECURITY FUNCTIONS.

  (a) Extension of Regulations.--
          (1) In general.--The Secretary of Defense, in 
        coordination with the Secretary of State, shall issue 
        regulations to extend and apply the requirements of 
        section 862 of the National Defense Authorization Act 
        for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 
        2302 note) to additional areas as designated under 
        paragraph (2) and as listed in paragraph (3).
          (2) Additional areas designated.--The Secretary of 
        Defense shall designate as additional areas for 
        purposes of this section any area--
                  (A) that is an area within a foreign country 
                or an area covering all or part of more than 
                one foreign country;
                  (B) that is not an area of combat operations 
                as designated under subsection (c) of section 
                862 of such Act; and
                  (C) in which significant military operations, 
                as designated by the Secretary, are being 
                carried out by United States Armed Forces.
          (3) Additional areas listed.--In addition to any 
        areas designated by the Secretary under paragraph (2), 
        the following areas shall be considered additional 
        areas listed in this paragraph for purposes of this 
        section:
                  (A) The Horn of Africa region.
                  (B) Yemen.
                  (C) The Philippines.
                  (D) Haiti.
  (b) Extension Timelines.--The Secretary shall prescribe 
regulations applicable to the additional areas--
          (1) designated under subsection (a)(2), not later 
        than March 1, 2012; and
          (2) listed in subsection (a)(3), not later than March 
        1, 2011.
  (c) Report on Implementation.--Not later than 90 days after 
the dates specified in subsection (b), the Secretary of 
Defense, in coordination with the Secretary of State, shall 
submit to Congress a report on the implementation of the 
regulations prescribed under this section. The report shall 
include--
          (1) a complete list of additional areas designated by 
        the Secretary under subsection (a)(2), and a detailed 
        description of the criteria used to make the 
        designation;
          (2) the total number of contractors performing 
        private security functions in each additional area 
        designated under subsection (a)(2) or listed in 
        subjection (a)(3); and
          (3) an assessment of the long-term options for 
        reducing the use of contractors for private security 
        functions, including the use of Government personnel to 
        provide such functions.
  (d) Private Security Functions.--Notwithstanding Section 864 
of the National Defense Authorization Act for FY2008 (P.L. 110-
181), as amended by Section 813 of the NDAA for FY2010 (P.L. 
111-84), in this section, the term ``private security 
functions'' means activities engaged in by a contractor as 
follows:
          (1) Guarding of personnel, facilities, or property of 
        a Federal agency.
          (2) Any other activity for which personnel are 
        required to carry weapons in the performance of their 
        duties.
  Page 304, line 15, strike ``and''.
  Page 304, line 21, strike the period and insert ``; and''.
  Page 304, after line 21, insert the following:
                  ``(C) the desirability and feasibility of 
                including in the common databases identified 
                under section 861(b)(4) information about 
                contracts subject to the regulations required 
                by section 839 of the National Defense 
                Authorization Act for Fiscal Year 2011 
                (providing for extending and applying the 
                requirements of section 862 to additional areas 
                designated or listed in that section 839).
                              ----------                              

 58. An Amendment To Be Offered by Representative Kirkpatrick, Ann of 
           Arizona or Her Designee, Debatable for 10 Minutes

  Page 122, after line 18, insert the following:

SEC. 359. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.

  (a) In General.--Section 2789 of title 10, United States 
Code, is amended to read as follows:

``Sec. 2789. Recovery of Department of Defense property: unauthorized 
                    or improper disposition

  ``(a) Prohibitions.--No member of the armed forces, civilian 
employee of the Government, employee or agent of a contractor, 
or any other person may sell, lend, pledge, barter, give, 
transfer, or otherwise dispose of any clothing, arms, articles, 
equipment, or any other military or Department of Defense 
property--
          ``(1) to any person not authorized to receive the 
        property in accordance with applicable requirements 
        established by the Department of Defense or a component 
        thereof; or
          ``(2) in violation of applicable demilitarization 
        regulations of the Department of Defense or a component 
        thereof.
  ``(b) Seizure of Improperly Disposed of Property.--If a 
member of the armed forces, civilian employee of the 
Government, employee or agent of a contractor, or any other 
person has improperly disposed of military or Department of 
Defense property in violation of subsection (a), any civil or 
military officer of the United States or any State or local law 
enforcement official may seize the property, wherever found. 
Title to military or Department of Defense property disposed of 
in violation of subsection (a) remains with the United States. 
Possession of such property by a person who is neither a member 
of the armed forces nor an official of the United States is 
prima facie evidence that the property has been disposed of in 
violation of subsection (a).
  ``(c) Delivery of Seized Property.--Any official who seizes 
property under subsection (b) and is not authorized to retain 
it for the United States shall immediately deliver the property 
to an authorized member of the armed forces or other authorized 
official of the Department of Defense or the Department of 
Justice.
  ``(d) Retroactive Enforcement Authorized.--This section shall 
apply to any military or Department of Defense property which 
was the subject of unauthorized disposition any time after 
January 1, 2002. This section shall apply to significant 
military equipment which was the subject of unauthorized 
disposition at any time.
  ``(e) Severability Clause.--In the event that any portion of 
this section is held unenforceable, all other portions of this 
section shall remain in full force and effect.
  ``(f) Definition.--In this section, the term `significant 
military equipment' means defense articles on the United States 
Munitions List for which special export controls are warranted 
because of their capacity for substantial military utility or 
capability.''.
  (b) Clerical Amendment.--The item relating to such section in 
the table of sections at the beginning of chapter 165 of such 
title is amended to read as follows:

``2789. Recovery of Department of Defense property: unauthorized or 
          improper disposition.''.
                              ----------                              

  59. An Amendment To Be Offered by Representative Kosmas, Suzanne of 
           Florida or Her Designee, Debatable for 10 Minutes

  Page 99, after line 23, insert the following:

SEC. 336. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF THE NASA 
                    SHUTTLE LOGISTICS DEPOT.

  (a) Study.--The Secretary of Defense, in conjunction with the 
Administrator of the National Aeronautics and Space 
Administration, shall conduct a study of the feasibility of 
joint usage of the National Aeronautics and Space 
Administration Shuttle Logistics Depot in Cape Canaveral, 
Florida, to supplement requirements for products and services 
in support of reset initiatives, Advanced Technology Clusters, 
engineering and reverse engineering analysis, and development 
of innovative technology and processes to improve product 
procurement and reduce risk, cost, and cycle time of system 
delivery.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
committees on Armed Services of the Senate and House of 
Representatives a report on the study required under subsection 
(a).
                              ----------                              

  60. An Amendment To Be Offered by Representative Lujan, Ben of New 
            Mexico or His Designee, Debatable for 10 Minutes

  Page 679, after line 25, insert the following:

SEC. 3115. ENHANCING PRIVATE-SECTOR EMPLOYMENT THROUGH TECHNOLOGY 
                    TRANSFER ACTIVITIES.

  (a) In General.--The Administrator for Nuclear Security shall 
encourage technology transfer activities at the national 
security laboratories (as defined in section 3281 of the 
National Nuclear Security Administration Act (50 U.S.C. 2471)) 
that lead to the creation of new private-sector employment 
opportunities.
  (b) Reports.--Not later than January 31 of each year, the 
Administrator shall submit to Congress a report detailing the 
number of new private-sector employment opportunities created 
as a result of the previous years' technology transfer 
activities at each national security laboratory.
                              ----------                              

   61. An Amendment To Be Offered by Representative Markey, Betsy of 
           Colorado or Her Designee, Debatable for 10 Minutes

  Page 258, after line 12, insert the following:

SEC. 674. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF GRADUATE AND 
                    POST-GRADUATE DEGREES IN BEHAVIORAL HEALTH 
                    SCIENCES.

  (a) Scholarship Program.--
          (1) Program.--The Secretary of Veterans Affairs shall 
        carry out a program to provide scholarships to 
        qualifying veterans for pursuit of a graduate or post-
        graduate degree in behavioral health sciences.
          (2) Designation.--The program carried out under this 
        section shall be known as the ``Department of Veterans 
        Affairs HONOR Scholarship Program'' (in this section 
        referred to as the ``scholarship program'').
  (b) Qualifying Veterans.--For purposes of this section, a 
qualifying veteran is any veteran who--
          (1) during service on active duty in the Armed 
        Forces, participated for such period as the Secretary 
        of Veterans Affairs, in consultation with the Secretary 
        of Defense, shall specify for purposes of the 
        scholarship program in a theater of combat or during a 
        contingency operation overseas;
          (2) was retired, discharged, separated, or released 
        from service in the Armed Forces on or after a date 
        (not earlier than August 2, 1990) specified by the 
        Secretary of Defense for purposes of the scholarship 
        program;
          (3) at the time of the submittal of an application to 
        participate in the scholarship program, holds an 
        undergraduate or graduate degree, as applicable, from 
        an institution of higher education that qualifies the 
        veteran for pursuit of a graduate or post-graduate 
        degree in behavioral sciences; and
          (4) meets such other qualifications as the Secretary 
        of Veterans Affairs may establish for purposes of the 
        scholarship program.
  (c) Application.--Each qualifying veteran seeking to 
participate in the scholarship program shall submit to the 
Secretary of Veterans Affairs an application therefor setting 
forth such information as the Secretary shall specify for 
purposes of the scholarship program.
  (d) Agreement.--Each qualifying veteran selected by the 
Secretary of Veterans Affairs for participation in the 
scholarship program shall enter into an agreement with the 
Secretary regarding participation in the scholarship program. 
The agreement shall contain such terms and conditions as the 
Secretary shall specify for purposes of the scholarship 
program.
  (e) Scholarships.--
          (1) In general.--The Secretary of Veterans Affairs 
        shall provide to each qualifying veteran who enters 
        into an agreement under subsection (d) a scholarship 
        for such number of academic years as the Secretary 
        shall specify in the agreement for pursuit of a 
        graduate or post-graduate degree in behavioral health 
        sciences at an institution of higher education offering 
        such degree that is approved by the Secretary for 
        purposes of the scholarship program.
          (2) Elements.--The scholarship provided a qualifying 
        veteran for an academic year shall consist of payment 
        of the following:
                  (A) Tuition of the qualifying veteran for 
                pursuit of the graduate or post-graduate degree 
                concerned in the academic year.
                  (B) Reasonable educational expenses of the 
                qualifying veteran (including fees, books, and 
                laboratory expenses) in pursuit of such degree 
                in the academic year.
                  (C) A stipend in connection with the pursuit 
                of such degree in the academic year in such 
                amount as the Secretary shall specify in the 
                agreement of the qualifying veteran under 
                subsection (d).
  (f) Obligated Service.--Each qualifying veteran who 
participates in the scholarship program shall, after completion 
of the graduate or post-graduate degree concerned and as 
jointly provided by the Secretary of Veterans Affairs and the 
Secretary of Defense in the agreement of such qualifying 
veteran under subsection (d), perform service as follows:
          (1) Such service for the Department of Veterans 
        Affairs in connection with the furnishing of mental 
        health services to veterans, and for such period, as 
        the Secretary of Veterans Affairs shall specify in the 
        agreement.
          (2) Such service for the Department of Defense in 
        connection with the furnishing of mental health 
        services to members of the Armed Forces, and for such 
        period, as the Secretary of Veterans Affairs shall, in 
        consultation with the Secretary of Defense, specify in 
        the agreement.
          (3) Such combination of service described by 
        paragraphs (1) and (2), and for such period, as the 
        Secretary of Veterans Affairs shall, in consultation 
        with the Secretary of Defense, specify in the 
        agreement.
  (g) Breach of Agreement.--Each qualifying veteran 
participating in the scholarship who fails to complete 
satisfactorily the terms of the agreement of such qualifying 
veteran under subsection (d), whether through failure to obtain 
the graduate or post-graduate degree concerned or failure to 
perform service required of the qualifying veteran under 
subsection (f), shall be liable to the United States in such 
form and manner as the Secretary of Veterans Affairs shall, in 
consultation with the Secretary of Defense, specify in the 
agreement.
  (h) Contingency Operation Defined.--In this section, the term 
``contingency operation'' has the meaning given that term in 
section 101(a)(13) of title 10, United States Code.
                              ----------                              

 62. An Amendment To Be Offered by Representative McMahon, Michael of 
           New York or His Designee, Debatable for 10 Minutes

  Page 284, after line 22, insert the following:

SEC. 727. SENSE OF CONGRESS CONCERNING THE IMPLEMENTATION OF THE 
                    CONGRESSIONALLY-MANDATED RECOMMENDATIONS OF THE 
                    INSTITUTE OF MEDICINE STUDY.

  (a) Findings.--Congress finds the following:
          (1) Section 717 of the National Defense Authorization 
        Act for Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 
        1073 note) directed the Secretary of Defense to enter 
        into a contract with the Institute of Medicine of the 
        National Academy of Sciences to conduct a study and 
        make recommendations regarding the credentials, 
        preparation, and training of licensed mental health 
        counselors.
          (2) In the study, the Institute of Medicine of the 
        National Academy of Sciences recommends permitting 
        counselors to practice independently under the TRICARE 
        program.
          (3) In addition, the Institute of Medicine of the 
        National Academy of Sciences recommends that TRICARE 
        implement a comprehensive quality management system for 
        all of its mental health professionals.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of Defense should implement the requirements of 
subsection (a) of such section 717 by not later than December 
31, 2010, because such implementation will increase the 
urgently needed mental health staff of the Department of 
Defense and ensure that members of the Armed Forces will 
receive timely and confidential post-deployment screenings with 
a mental health professional.
                              ----------                              

 63. An Amendment To Be Offered by Representative McMahon, Michael of 
           New York or His Designee, Debatable for 10 Minutes

  Page 389, after line 7, insert the following:

SEC. 1025. EXPRESSING THE SENSE OF CONGRESS REGARDING THE NAMING OF A 
                    NAVAL COMBAT VESSEL AFTER FATHER VINCENT CAPODANNO.

  (a) Findings.--Congress makes the following findings:
          (1) Father Vincent Capodanno was born on February 13, 
        1929, in Staten Island, New York.
          (2) After attending Fordham University for a year, he 
        entered the Maryknoll Missionary Seminary in upstate 
        New York in 1949, and was ordained a Catholic priest in 
        June 1957.
          (3) Father Capodanno's first assignment as a 
        missionary was working with aboriginal Taiwanese people 
        in the mountains of Taiwan where he served in a parish 
        and later in a school. After several years, Father 
        Capodanno returned to the United States for leave and 
        then was assigned to a Maryknoll school in Hong Kong.
          (4) Father Vincent Capodanno volunteered as a Navy 
        Chaplain and was commissioned a Lieutenant in the 
        Chaplain Corps of the United States Naval Reserve on 
        December 28, 1965.
          (5) Father Vincent Capodanno selflessly extended his 
        combat tour in Vietnam on the condition he was allowed 
        to remain with the infantry.
          (6) On September 4, 1967, during a fierce battle in 
        the Thang Binh District of the Que Son Valley in 
        Vietnam, Father Capodanno went among the wounded and 
        dying, giving last rites and caring for the injured. He 
        was killed that day while taking care of his Marines.
          (7) On January 7, 1969, Father Vincent Capodanno was 
        awarded the Medal of Honor posthumously for comforting 
        the wounded and dying during the Vietnam conflict. For 
        his dedicated service, Father Capodanno was also 
        awarded the Bronze Star, the Purple Heart, the 
        Presidential Unit Citation, the National Defense 
        Service Medal, the Vietnam Service Medal, the Vietnam 
        Gallantry Cross with Palm, and the Vietnam Campaign 
        Medal.
          (8) In his memory, the U.S.S. Capodanno was 
        commissioned on September 17, 1973. It is the only 
        Naval vessel to date to have received a Papal blessing 
        by Pope John Paul II in Naples, Italy, on September 4, 
        1981.
          (9) The U.S.S. Capodanno was decommissioned on July 
        30, 1993.
  (b) Sense of Congress.--It is the sense of Congress that the 
Secretary of the Navy should name a combat vessel of the United 
States Navy the ``U.S.S. Father Vincent Capodanno'', in honor 
of Father Vincent Capodanno, a lieutenant in the Navy Chaplain 
Corps.
                              ----------                              

64. An Amendment To Be Offered by Representative Minnick, Walt of Idaho 
               or His Designee, Debatable for 10 Minutes

    At the end of title V, add the following new section:

SEC. 5__. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER COSTS OF 
                    NEW STATE PROGRAMS UNDER NATIONAL GUARD YOUTH 
                    CHALLENGE PROGRAM.

  Paragraph (2) of section 509(d) of title 32, United States 
Code, is amended to read as follows:
  ``(2) The limitation in paragraph (1) may not be construed as 
a limitation on the amount of assistance that may be provided 
to a State program of the Program for a fiscal year from 
sources other than the Department of Defense. Using funds 
available to the Department of Education, the Secretary of 
Education may provide assistance to cover the difference 
between the amount provided by the Department of Defense and 
the total costs of operating a new State program of the Program 
during the first three full fiscal years in which the new State 
program is in operation.''.
                              ----------                              

 65. An Amendment To Be Offered by Representative Perriello, Thomas of 
          Virginia, or His Designee, Debatable for 10 Minutes

  Page 92, after line 24, insert the following:

SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO HEALTH BENEFITS AND 
                    RETIREMENT PLANS FOR PURPOSES OF COST-COMPARISONS 
                    OF CONTRACTOR AND CIVILIAN EMPLOYEE PERFORMANCE OF 
                    DEPARTMENT OF DEFENSE FUNCTIONS.

  Section 2463 of title 10, United States Code, is amended--
          (1) by redesignating subsection (e) as subsection 
        (f); and
          (2) by inserting after subsection (d) the following 
        new subsection (f):
  ``(f) Treatment of Contributions to Health and Retirement 
Plans.--For purposes of conducting a cost comparison to 
determine whether to convert a function from contractor 
performance to performance by Department of Defense civilian 
employee, the costs of employer contributions made by the 
Department of Defense or by a contractor towards employer-
sponsored health benefits and retirement benefits plans shall 
not be considered unless, in the case of such contributions 
made by a contractor, the contractor does not receive an 
advantage for reducing costs for the Department of Defense by--
          ``(1) not making an employer-sponsored health 
        insurance plan available to the contractor employees 
        who perform the function under the contract;
          ``(2) offering to such employees an employer-
        sponsored health benefits plan that requires the 
        employer to contribute less towards the premium or 
        subscription share than the amount that is paid by the 
        Federal Government for health benefits for civilian 
        employees under chapter 89 of title 5, United States 
        Code; or
          ``(3) offering to such employees a retirement benefit 
        that, in any year, costs less than the annual 
        retirement cost factor applicable to Federal employees 
        under chapter 84 of title 5, United States Code.''.
                              ----------                              

  66. An Amendment To Be Offered by Representative Schrader, Kurt of 
            Oregon or His Designee, Debatable for 10 Minutes

  Page 266, after line 8, insert the following:

SEC. 706. PROVISION OF INFORMATION TO MEMBERS OF THE RESERVE COMPONENTS 
                    REGARDING HEALTH CARE BENEFITS.

  (a) Provision of Information.--The Secretary of Defense shall 
ensure that each member of a reserve component of the Armed 
Forces who is mobilized or demobilized is provided, together 
with the orders providing for such mobilization or 
demobilization, a clear and comprehensive statement of the 
medical care and treatment to which such member is entitled 
under Federal law by reason of being so mobilized or 
demobilized.
  (b) Frequency.--The statement required to be provided a 
member under subsection (a) upon a mobilization or 
demobilization shall be provided to the member each time the 
member is mobilized or demobilized, as the case may be.
  (c) Elements.--The statement provided a member under 
subsection (a) shall include the following:
          (1) A clear, comprehensive statement of the medical 
        care and treatment to which the member is entitled 
        under Federal law by reason of being mobilized or 
        demobilized, as applicable, including--
                  (A) the nature and range of the care and 
                treatment to which the member is entitled;
                  (B) the departments and agencies of the 
                Federal Government that will provide such care 
                and treatment;
                  (C) the period for which such care and 
                treatment will be so provided; and
                  (D) the obligations, if any, of the member in 
                connection with the receipt of such care and 
                treatment.
          (2) A clear, comprehensive statement of the health 
        care insurance available under Federal law for the 
        member's family, if any, by reason of the mobilization 
        or demobilization of the member.
          (3) A clear, comprehensive description of the mental 
        health assessments available to the member before, 
        during, and after deployment pursuant to section 708 of 
        the National Defense Authorization Act for Fiscal Year 
        2010 (Public Law 111-84; 123 Stat. 2376; 10 U.S.C. 
        1074f note).
          (4) Such other matters as the Secretary considers 
        appropriate.
                              ----------                              

  67. An Amendment To Be Offered by Representative Schrader, Kurt of 
            Oregon or His Designee, Debatable for 10 Minutes

  Page 219, after line 5, insert the following:

SEC. 599. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE COMPONENTS.

  (a) Study.--The Inspector General of the Department of 
Defense shall conduct a study of the treatment of members of 
the reserve components.
  (b) Matters Included.--The study under subsection (a) shall 
include the following:
          (1) An analysis of the treatment of members of the 
        reserve components--
                  (A) at mobilization and demobilization sites 
                of the Army, including warrior transition units 
                and joint medical battalions; and
                  (B) during predeployment and postdeployment 
                medical examinations under section 1074(f) of 
                title 10, United States Code.
          (2) An analysis of the quality of care, treatment, 
        and information that members of the reserve components 
        receive before, during, and after deployment.
          (3) An analysis of patterns of treatment of members 
        of the reserve components during the period following a 
        deployment, including during medical examinations or 
        other actions that could affect health care and 
        disability benefits, as compared to the treatment of 
        members of the regular components during such period.
          (4) Identification of any improvements needed so that 
        members of the reserve components and members of the 
        regular components are treated equally.
  (c) Report.--Not later than December 31, 2010, the Inspector 
General shall submit to the congressional defense committees a 
report on the study under subsection (a).
                              ----------                              

 68. An Amendment To Be Offered by Representative Teague, Harry of New 
            Mexico or His Designee, Debatable for 10 Minutes

  Page 219, after line 5, insert the following:

SEC. 599. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR MEDICAL 
                    CARE UNDER CHAMPVA PROGRAM.

  (a) Increase.--Section 1781(c) of title 38, United States 
Code, is amended--
          (1) by striking ``twenty-three'' and inserting 
        ``twenty-six''; and
          (2) by striking ``twenty-third birthday'' and 
        inserting ``twenty-sixth birthday''.
  (b) Effective Date.--The amendments made by subsection (a) 
shall apply with respect to medical care provided on or after 
the date of the enactment of this Act.
                              ----------                              

69. An Amendment To Be Offered by Representative Titus, Dina of Nevada 
               or Her Designee, Debatable for 10 Minutes

  At the end of subtitle G of title VI, add the following new 
section:

SEC. 674. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF HOMEOWNER 
                    ASSISTANCE FOR MEMBERS OF THE ARMED FORCES 
                    PERMANENTLY REASSIGNED DURING MORTGAGE CRISIS.

  (a) Modification of Reassignment, Purchase, and Sale Dates.--
Subsection (a)(3) of section 1013 of the Demonstration Cities 
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is 
amended--
          (1) in subparagraph (C), by striking ``or an earlier 
        end date designated by the Secretary'' and by inserting 
        ``or an earlier start or end date designated by the 
        Secretary under subsection (c)(3)(C) for a specific 
        military base or installation'';
          (2) in subparagraph (D), by inserting ``, or a later 
        purchase date designated by the Secretary under 
        subsection (c)(3)(C) for a specific military base or 
        installation'' after ``July 1, 2006''; and
          (3) in subparagraph (E), by striking ``between July 
        1, 2006, and September 30, 2012, or an earlier end date 
        designated by the Secretary'' and inserting ``between 
        the purchase date in effect for the military base or 
        installation under subparagraph (D) and the end date in 
        effect for the military base or installation under 
        subparagraph (D)''.
  (b) Modification Process.--Subsection (c)(3) of such section 
is amended by adding at the end the following new subparagraph:
                  ``(C) Modification of reassignment, purchase, 
                and sale dates.--In exercising the authority 
                under subsection (a)(3) to designate different 
                reassignment, purchase, and sale dates for a 
                specific military base or installation, the 
                Secretary of Defense shall consult with the 
                Secretary of Housing and Urban Development and 
                the Secretary of the Treasury regarding the 
                condition of housing markets in the area of the 
                base or installation so that the Secretary of 
                Defense has the information needed to 
                effectively assist members of the Armed Forces 
                and their families.''.
                              ----------                              

  70. An Amendment To Be Offered by Representative Tonko, Paul of New 
             York or His Designee, Debatable for 10 Minutes

  Page 79, after line 6, insert the following:

SEC. 244. SENSE OF CONGRESS AFFIRMING THE IMPORTANCE OF DEPARTMENT OF 
                    DEFENSE PARTICIPATION IN DEVELOPMENT OF NEXT 
                    GENERATION SEMICONDUCTOR TECHNOLOGIES.

  (a) Findings.--Congress makes the following findings:
          (1) The next generation of weapons systems, 
        battlefield sensors, and intelligence platforms will 
        need to be lighter, more agile, consume less power, and 
        have greater computational power, which can only be 
        achieved by decreasing the feature size of integrated 
        circuits to the nanometer scale.
          (2) There is a growing concern in the Department of 
        Defense and the United States intelligence community 
        over the offshore shift in development and production 
        of high capacity semiconductors. Reliance on providers 
        of semiconductors in the United States high tech 
        industry will mitigate the security risks of such an 
        offshore shift.
          (3) The use of extreme-ultraviolet lithography (EUVL) 
        is recognized in the semiconductor industry as critical 
        to the development of the next generation of integrated 
        circuits.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the United States should establish research and 
        development facilities to take the lead in producing 
        the next generation of integrated circuits;
          (2) the Department of Defense should support the 
        establishment of a public-private partnership of 
        defense laboratory scientists and engineers, university 
        researchers, integrated circuit designers and 
        fabricators, tool manufacturers, material and chemical 
        suppliers, and metrology and inspection tool 
        fabricators to develop extreme-ultraviolet lithography 
        (EUVL) technologies on 300 micrometer and 450 
        micrometer wafers; and
          (3) the targeted feature size of integrated circuits 
        for EUVL development in the United States should be the 
        15 nanometer node.
                              ----------                              

    71. An Amendment To Be Offered by Representative Critz, Mark of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  At the end of subtitle F of title III, insert the following:

SEC. 3__. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR LOSS OR 
                    DAMAGE TO HOUSEHOLD GOODS IN LIMITED CASES NOT 
                    COVERED BY CARRIER LIABILITY.

  (a) Claims Authority.--
          (1) In general.--Chapter 163 of title 10, United 
        States Code, is amended by adding at the end the 
        following new section:

``Sec. 2740. Property loss: reimbursement of members and civilian 
                    employees for full replacement value of household 
                    effects when contractor reimbursement not available

  ``The Secretary of Defense and the Secretaries of the 
military departments, in paying a claim under section 3721 of 
title 31 arising from loss or damage to household goods stored 
or transported at the expense of the Department of Defense, may 
pay the claim on the basis of full replacement value in any of 
the following cases in which reimbursement for the full 
replacement value for the loss or damage is not available 
directly from a carrier under section 2636a of this title:
          ``(1) A case in which--
                  ``(A) the lost or damaged goods were stored 
                or transported under a contract, tender, or 
                solicitation in accordance with section 2636a 
                of this title that requires the transportation 
                service provider to settle claims on the basis 
                of full replacement value; and
                  ``(B) the loss or damage occurred under 
                circumstances that exclude the transportation 
                service provider from liability.
          ``(2) A case in which--
                  ``(A) the loss or damage occurred while the 
                lost or damaged goods were in the possession of 
                an ocean carrier that was transporting, 
                loading, or unloading the goods under a 
                Department of Defense contract for ocean 
                carriage; and
                  ``(B) the land-based portions of the 
                transportation were under contracts, in 
                accordance with section 2636a of this title, 
                that require the land carriers to settle claims 
                on the basis of full replacement value.
          ``(3) A case in which--
                  ``(A) the lost or damaged goods were 
                transported or stored under a contract or 
                solicitation that requires at least one of the 
                transportation service providers or carriers 
                that handled the shipment to settle claims on 
                the basis of full replacement value pursuant to 
                section 2636a of this title;
                  ``(B) the lost or damaged goods have been in 
                the custody of more than one independent 
                contractor or transportation service provider; 
                and
                  ``(C) a claim submitted to the delivering 
                transportation service provider or carrier is 
                denied in whole or in part because the loss or 
                damage occurred while the lost or damaged goods 
                were in the custody of a prior transportation 
                service provider or carrier or government 
                entity.''.
          (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the 
        end the following new item:

``2740. Property loss: reimbursement of members and civilian employees 
          for full replacement value of household effects when 
          contractor reimbursement not available.''.

  (b) Effective Date.--Section 2740 of title 10, United States 
Code, as added by subsection (a), shall apply with respect to 
losses incurred after the date of the enactment of this Act.
                              ----------                              

 72. An Amendment To Be Offered by Representative Hinchey, Maurice of 
           New York or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. PROCUREMENT OF PHOTOVOLTAIC DEVICES.

  (a) Contract Requirement.--The Secretary of Defense shall 
ensure that each contract awarded by the Department of Defense 
that includes the procurement of photovoltaic devices, 
including contracts described in subsection (b), includes a 
provision requiring the photovoltaic devices to comply with the 
Buy American Act (41 U.S.C. 10a et seq.).
  (b) Contracts Described.--The contracts described in this 
subsection include, but are not limited to, energy savings 
performance contracts, utility service contracts, land leases, 
and private housing contracts.
  (c) Definition of Photovoltaic Devices.--In this section, the 
term ``photovoltaic devices'' means devices that convert light 
directly into electricity through a solid-state, semiconductor 
process.
                              ----------                              

 73. An Amendment To Be Offered by Representative Hinchey, Maurice of 
           New York or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. REQUIREMENT FOR CONTRACTS IN IRAQ AND AFGHANISTAN TO USE 
                    EMPLOYEES AND NOT INDEPENDENT CONTRACTORS FOR 
                    PRIVATE SECURITY SERVICES.

  (a) Requirement.--Any contract in Iraq or Afghanistan for the 
procurement of private security services shall contain a 
requirement that, in the case of any contractor using 
individuals who are United States citizens and required to have 
a United States security clearance to perform private security 
services under the contract, the contractor shall use employees 
and not independent contractors for the provision of such 
services.
  (b) Contract in Iraq or Afghanistan.--In this section, the 
term ``contract in Iraq or Afghanistan'' means a contract with 
the Department of Defense, the Department of State, or the 
United States Agency for International Development, a 
subcontract at any tier issued under such a contract, or a task 
order or delivery order at any tier issued under such a 
contract (including a contract, subcontract, or task order or 
delivery order issued by another Government agency for the 
Department of Defense, the Department of State, or the United 
States Agency for International Development), if the contract, 
subcontract, or task order or delivery order involves work 
performed in Iraq or Afghanistan for a period longer than 14 
days.
  (c) Private Security Services.--In this section, the term 
``private security services'' means activities engaged in by a 
contractor under a contract in Iraq or Afghanistan and 
includes--
          (1) guarding of personnel, facilities, or property of 
        a Federal agency, the contractor or subcontractor, or a 
        third party;
          (2) any other activity for which personnel are 
        required to carry weapons in the performance of their 
        duties; and
          (3) training in any activity covered by paragraph (1) 
        or (2).
  (d) Waiver Authority.--The Secretary of Defense, the 
Secretary of State, or the Administrator of the United States 
Agency for International Development may waive the requirement 
in subsection (a) with respect to a contract of the Department 
of Defense, the Department of State, or the United States 
Agency for International Development, respectively, if the 
Secretary concerned or the Administrator--
          (1) determines in writing that a waiver is necessary 
        in the interests of national security; and
          (2) submits to Congress a notification of such 
        waiver.
                              ----------                              

74. An Amendment To Be Offered by Representative Klein, Ron of Florida 
               or His Designee, Debatable for 10 Minutes

  Page 296, line 5, add after ``Defense'' the following: ``, 
beginning 90 days after the date of the enactment of this 
Act,''.
  Page 296, lines 13 and 14, strike ``with actual knowledge, 
engages'' and insert ``when entering into a contract with the 
Department of Defense for goods and services, fails to certify 
to the contracting officer that the entity does not engage''.
  Page 296, line 15, strike ``have been imposed'' and insert 
``may be imposed''.
  Page 296, strike line 17 and all that follows through page 
297, line 22, and insert the following:
  (b) Remedies.--
          (1) In general.--If the Secretary of Defense, in 
        consultation with the Secretary of State, determines 
        that an entity has submitted a false certification 
        under subsection (a)(2), the Secretary of Defense may 
        terminate a contract with such entity or debar or 
        suspend such entity from eligibility for Department of 
        Defense contracts for a period of not more than 3 
        years. Any such debarment or suspension shall be 
        subject to the procedures that apply to debarment and 
        suspension under the Federal Acquisition Regulation 
        under subpart 9.4 of part 9 of title 48, Code of 
        Federal Regulations.
          (2) Inclusion on list of parties excluded from 
        federal procurement and nonprocurement programs.--The 
        Administrator of General Services shall include on the 
        List of Parties Excluded from Federal Procurement and 
        Nonprocurement Programs maintained by the Administrator 
        under part 9 of the Federal Acquisition Regulation 
        issued pursuant to section 25 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 421) each entity that 
        is debarred, suspended, or proposed for debarment or 
        suspension by the Secretary on the basis of a 
        determination of a false certification under paragraph 
        (1).
  (c) Waivers.--
          (1) Authority.--The Secretary of Defense may on a 
        case by-case basis waive the requirement that an entity 
        make a certification under subsection (a)(2) if the 
        Secretary determines that it is in the interest of 
        national security to do so.
          (2) Contents of certification.--Upon issuing a waiver 
        under paragraph (1) with respect to an entity, the 
        Secretary of Defense shall submit to the Committees on 
        Armed Services of the Senate and House of 
        Representatives, the Committee on Foreign Relations of 
        the Senate, and the Committee on Foreign Affairs of the 
        House of Representatives a notification that identifies 
        the entity involved, the nature of the contract, and 
        the rationale for issuing the waiver.
                              ----------                              

 75. An Amendment To Be Offered by Representative Connolly, Gerald of 
           Virginia or His Designee, Debatable for 10 Minutes

  At the end of subtitle C of title XII, add the following new 
section:

SEC. 12XX. REQUIREMENT TO MONITOR AND EVALUATE DEPARTMENT OF DEFENSE 
                    ACTIVITIES TO COUNTER VIOLENT EXTREMISM IN AFRICA.

  (a) In General.--The Secretary of Defense, in consultation 
with the Secretary of State, shall monitor and evaluate the 
impact of United States Africa Command (USAFRICOM) Combined 
Joint Task Force-Horn of Africa's (CJTF-HOA) activities to 
counter violent extremism in Africa, including civil affairs, 
psychological operations, humanitarian assistance, and 
operations to strengthen the capacity of partner nations.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the appropriate congressional committees a report on the 
following:
          (1) An evaluation of the impact of CJTF-HOA's 
        activities described in subsection (a) to advance 
        United States security objectives in the Horn of 
        Africa, including the extent to which CJTF-HOA's 
        activities--
                  (A) disrupt or deny terrorist networks;
                  (B) combat violent extremist ideology;
                  (C) are aligned with USAFRICOM's mission; and
                  (D) complement programs conducted by the 
                United States Agency for International 
                Development.
          (2) USAFRICOM's efforts to monitor and evaluate the 
        impact of CJTF-HOA's activities described in subsection 
        (a), including--
                  (A) the means by which CJTF-HOA follows up on 
                such activities to evaluate the effectiveness 
                of such activities;
                  (B) USAFRICOM's specific assessments of CJTF-
                HOA's activities; and
                  (C) a description of plans by the Secretary 
                of Defense to make permanent CJTF-HOA's 
                presence in Djibouti.
  (c) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Committee on Armed Services and the Committee 
        on Foreign Affairs of the House of Representatives; and
          (2) the Committee on Armed Services and the Committee 
        on Foreign Relations of the Senate.
                              ----------                              

 76. An Amendment To Be Offered by Representative Connolly, Gerald of 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 465, after line 23, add the following:

SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.

  (a) In General.--Subchapter I of chapter 31 of title 5, 
United States Code, is amended by inserting after section 3111 
the following:

``Sec. 3111a. Federal internship programs

  ``(a) Internship Coordinator.--The head of each agency 
operating an internship program shall appoint an individual 
within such agency to serve as an internship coordinator.
  ``(b) Online Information.--
          ``(1) Agencies.--The head of each agency operating an 
        internship program shall make publicly available on the 
        Internet--
                  ``(A) the name and contact information of the 
                internship coordinator for such program; and
                  ``(B) information regarding application 
                procedures and deadlines for such internship 
                program.
          ``(2) Office of personnel management.--The Office of 
        Personnel Management shall make publicly available on 
        the Internet links to the websites where the 
        information described in paragraph (1) is displayed.
  ``(c) Centralized Database.--The Office shall establish and 
maintain a centralized electronic database that contains the 
names, contact information, and relevant skills of individuals 
who have completed or are nearing completion of an internship 
program and are currently seeking full-time Federal employment.
  ``(d) Exit Interview Requirement.--The agency operating an 
internship program shall conduct an exit interview of each 
intern that completes such program.
  ``(e) Report.--
          ``(1) In general.--The head of each agency operating 
        an internship program shall annually submit to the 
        Office a report assessing such internship program.
          ``(2) Contents.--Each report required under paragraph 
        (1) for an agency shall include, for the 1-year period 
        ending on September 1 of the year in which the report 
        is submitted--
                  ``(A) the number of interns that participated 
                in an internship program at such agency;
                  ``(B) information regarding the demographic 
                characteristics of interns at such agency, 
                including educational background;
                  ``(C) a description of the steps taken by 
                such agency to increase the percentage of 
                interns who are offered permanent Federal jobs 
                and the percentage of interns who accept the 
                offers of such jobs, and any barriers 
                encountered;
                  ``(D) a description of activities engaged in 
                by such agency to recruit new interns, 
                including locations and methods;
                  ``(E) a description of the diversity of work 
                roles offered within internship programs at 
                such agency;
                  ``(F) a description of the mentorship portion 
                of such internship programs; and
                  ``(G) a summary of exit interviews conducted 
                by such agency upon completion of an internship 
                program by an intern.
          ``(3) Submission.--Each report required under 
        paragraph (1) shall be submitted to the Office between 
        September 1 and September 30 of each year. Not later 
        than December 30 of each year, the Office shall submit 
        to Congress a report summarizing the information 
        submitted to the Office in accordance with paragraph 
        (1) for such year.
  ``(f) Definitions.--For purposes of this section--
          ``(1) the term `internship program' means--
                  ``(A) a volunteer service program under 
                section 3111(b); and
                  ``(B) the Student Educational Employment 
                Program established under section 213.3202 of 
                title 5, Code of Federal Regulations, as in 
                effect on January 1, 2009;
          ``(2) the term `intern' means an individual serving 
        in an internship program.''.
  (b) Clerical Amendment.--The table of sections for chapter 31 
of title 5, United States Code, is amended by inserting after 
the item relating to section 3111 the following:

``3111a. Federal internship programs.''.
                              ----------                              

 77. An Amendment To Be Offered by Representative Pingree, Chellie of 
            Maine or His Designee, Debatable for 10 Minutes

  Page 251, after line 18, insert the following:

SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE STORES SERVING 
                    BRUNSWICK NAVAL AIR STATION, MAINE.

  The Secretary of Defense shall provide for the continued 
operation of each commissary or exchange store serving 
Brunswick Naval Air Station, Maine, through September 30, 2011, 
and may not take any action to reduce or to terminate the sale 
of goods at such stores during fiscal year 2011.
                              ----------                              

   78. An Amendment To Be Offered by Representative Grayson, Alan of 
           Florida or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR 
                    PRICE AS THE PREDOMINATE FACTORS IN EVALUATING 
                    COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT 
                    CONTRACTS.

  (a) Requirement.--Subparagraph (A) of section 2305(a)(2) of 
title 10, United States Code, is amended--
          (1) by striking ``and'' at the end of clause (i); and
          (2) by inserting after clause (ii) the following new 
        clause:
                  ``(iii) in the case of a solicitation in 
                which factors other than cost or price when 
                combined are more important than cost or price, 
                the reasons why assigning at least equal 
                importance to cost or price would not better 
                serve the Government's interest; and''.
  (b) Report.--Section 2305(a)(3) of such title is amended by 
adding at the end the following new subparagraph:
                  ``(C) Not later than 180 days after the end 
                of each fiscal year, the Secretary of Defense 
                shall submit to Congress, and post on a 
                publicly available website of the Department of 
                Defense, a report describing the solicitations 
                for which a statement pursuant to paragraph 
                (2)(A)(iii) was included.''.
                              ----------                              

  79. An Amendment To Be Offered by Representative Murphy, Patrick of 
         Pennsylvania or His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title V, add the following new 
section:

SEC. 5__. DEPARTMENT OF DEFENSE POLICY CONCERNING HOMOSEXUALITY IN THE 
                    ARMED FORCES.

  (a) Comprehensive Review on the Implementation of a Repeal of 
10 U.S.C. Sec.  654.--
          (1) In general.--On March 2, 2010, the Secretary of 
        Defense issued a memorandum directing the Comprehensive 
        Review on the Implementation of a Repeal of 10 U.S.C. 
        Sec.  654 (section 654 of title 10, United States 
        Code).
          (2) Objectives and scope of review.--The Terms of 
        Reference accompanying the Secretary's memorandum 
        established the following objectives and scope of the 
        ordered review:
                  (A) Determine any impacts to military 
                readiness, military effectiveness and unit 
                cohesion, recruiting/retention, and family 
                readiness that may result from repeal of the 
                law and recommend any actions that should be 
                taken in light of such impacts.
                  (B) Determine leadership, guidance, and 
                training on standards of conduct and new 
                policies.
                  (C) Determine appropriate changes to existing 
                policies and regulations, including but not 
                limited to issues regarding personnel 
                management, leadership and training, 
                facilities, investigations, and benefits.
                  (D) Recommend appropriate changes (if any) to 
                the Uniform Code of Military Justice.
                  (E) Monitor and evaluate existing legislative 
                proposals to repeal 10 U.S.C. Sec.  654 and 
                proposals that may be introduced in the 
                Congress during the period of the review.
                  (F) Assure appropriate ways to monitor the 
                workforce climate and military effectiveness 
                that support successful follow-through on 
                implementation.
                  (G) Evaluate the issues raised in ongoing 
                litigation involving 10 U.S.C. Sec.  654.
  (b) Effective Date.--The amendments made by subsection (f) 
shall take effect 60 days after the date on which the last of 
the following occurs:
          (1) The Secretary of Defense has received the report 
        required by the memorandum of the Secretary referred to 
        in subsection (a).
          (2) The President transmits to the congressional 
        defense committees a written certification, signed by 
        the President, the Secretary of Defense, and the 
        Chairman of the Joint Chiefs of Staff, stating each of 
        the following:
                  (A) That the President, the Secretary of 
                Defense, and the Chairman of the Joint Chiefs 
                of Staff have considered the recommendations 
                contained in the report and the report's 
                proposed plan of action.
                  (B) That the Department of Defense has 
                prepared the necessary policies and regulations 
                to exercise the discretion provided by the 
                amendments made by subsection (f).
                  (C) That the implementation of necessary 
                policies and regulations pursuant to the 
                discretion provided by the amendments made by 
                subsection (f) is consistent with the standards 
                of military readiness, military effectiveness, 
                unit cohesion, and recruiting and retention of 
                the Armed Forces.
  (c) No Immediate Effect on Current Policy.--Section 654 of 
title 10, United States Code, shall remain in effect until such 
time that all of the requirements and certifications required 
by subsection (b) are met. If these requirements and 
certifications are not met, section 654 of title 10, United 
States Code, shall remain in effect.
  (d) Benefits.--Nothing in this section, or the amendments 
made by this section, shall be construed to require the 
furnishing of benefits in violation of section 7 of title 1, 
United States Code (relating to the definitions of ``marriage'' 
and ``spouse'' and referred to as the ``Defense of Marriage 
Act'').
  (e) No Private Cause of Action.--Nothing in this section, or 
the amendments made by this section, shall be construed to 
create a private cause of action.
  (f) Treatment of 1993 Policy.--
          (1) Title 10.--Upon the effective date established by 
        subsection (b), chapter 37 of title 10, United States 
        Code, is amended--
                  (A) by striking section 654; and
                  (B) in the table of sections at the beginning 
                of such chapter, by striking the item relating 
                to section 654.
          (2) Conforming amendment.--Upon the effective date 
        established by subsection (b), section 571 of the 
        National Defense Authorization Act for Fiscal Year 1994 
        (10 U.S.C. 654 note) is amended by striking subsections 
        (b), (c), and (d).
                              ----------                              

 80. An Amendment To Be Offered by Representative Pingree, Chellie of 
            Maine or Her Designee, Debatable for 10 Minutes

  Page 35, strike line 9 and all that follows through page 37, 
line 13, and insert the following:
  (b) Certifications.--Not later than January 15, 2011--
          (1) the Under Secretary of Defense for Acquisition, 
        Technology, and Logistics shall certify in writing to 
        the congressional defense committees that--
                  (A) each of the 11 scheduled system 
                development and demonstration aircraft planned 
                in the schedule for delivery during 2010 has 
                been delivered to the designated test location;
                  (B) the initial service release has been 
                granted for the F135 engine designated for the 
                short take-off and vertical landing variant;
                  (C) facility configuration and industrial 
                tooling capability and capacity is sufficient 
                to support production of at least 42 F-35 
                aircraft for fiscal year 2011;
                  (D) block 1.0 software has been released and 
                is in flight test; and
                  (E) the Secretary of Defense has--
                          (i) determined that two F-35 aircraft 
                        from low-rate initial production 1 have 
                        met established criteria for 
                        acceptance; and
                          (ii) accepted such aircraft for 
                        delivery; and
          (2) the Director of Operational Test and Evaluation 
        shall certify in writing to the congressional defense 
        committees that--
                  (A) the F-35C aircraft designated as CF-1 has 
                effectively accomplished its first flight;
                  (B) the 394 F-35 aircraft test flights 
                planned in the schedule to occur during 2010 
                have been completed with sufficient results;
                  (C) 95 percent of the 3,772 flight test 
                points planned for completion in 2010 were 
                accomplished; and
                  (D) the conventional take-off and land 
                variant low observable signature flight test 
                has been conducted and the results of such test 
                have met or exceeded threshold key performance 
                parameters.
  Page 49, strike line 7 and all that follows through page 52, 
line 3, and insert the following (and redesignate section 214 
as section 213):

SEC. 212. LIMITATION ON USE OF FUNDS FOR AN ALTERNATIVE PROPULSION 
                    SYSTEM FOR THE F-35 JOINT STRIKE FIGHTER PROGRAM.

  (a) Limitation on Use of Funds for an Alternative Propulsion 
System for the F-35 Joint Strike Fighter Program.--None of the 
funds authorized to be appropriated or otherwise made available 
by this Act may be obligated or expended for the development or 
procurement of an alternate propulsion system for the F-35 
Joint Strike Fighter program until the Secretary of Defense 
submits to the congressional defense committees a certification 
in writing that the development and procurement of the 
alternate propulsion system--
          (1) will--
                  (A) reduce the total life-cycle costs of the 
                F-35 Joint Strike Fighter program; and
                  (B) improve the operational readiness of the 
                fleet of F-35 Joint Strike Fighter aircraft; 
                and
          (2) will not--
                  (A) disrupt the F-35 Joint Strike Fighter 
                program during the research, development, and 
                procurement phases of the program; and
                  (B) result in the procurement of fewer F-35 
                Joint Strike Fighter aircraft during the life-
                cycle of the program.
  (d) Offsets.--
          (1) Navy joint strike fighter f136 development.--The 
        amount authorized to be appropriated by section 201(2) 
        for research, development, test, and evaluation for the 
        Navy is hereby decreased by $242,500,000, with the 
        amount of the decrease to be derived from the amounts 
        available for the Joint Strike Fighter (PE #0604800N) 
        for F136 development.
          (2) Air force joint strike fighter f136 
        development.--The amount authorized to be appropriated 
        by section 201(3) for research, development, test, and 
        evaluation for the Air Force is hereby decreased by 
        $242,500,000, with the amount of the decrease to be 
        derived from the amounts available for the Joint Strike 
        Fighter (PE #0604800F) for F136 development.
  Page 286, strike line 17 and all that follows through page 
288, line 23, and insert the following:

SEC. 802. DESIGNATION OF F135 ENGINE DEVELOPMENT AND PROCUREMENT 
                    PROGRAM AS MAJOR SUBPROGRAM.

  (a) Designation as Major Subprograms.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of 
Defense shall designate the engine development and procurement 
program described in subsection (b) as a major subprogram of 
the F-35 Lightning II aircraft major defense acquisition 
program, in accordance with section 2430a of title 10, United 
States Code.
  (b) Description.--For purposes of subsection (a), the engine 
development and procurement program is the F135 engine 
development and procurement program.
  (c) Original Baseline.--For purposes of reporting 
requirements referred to in section 2430a(b) of title 10, 
United States Code, for the major subprogram designated under 
subsection (a), the Secretary shall use the Milestone B 
decision for the subprogram as the original baseline for the 
subprogram.
  (d) Actions Following Critical Cost Growth.--
          (1) In general.--Subject to paragraph (2), to the 
        extent that the Secretary elects to restructure the F-
        35 Lightning II aircraft major defense acquisition 
        program subsequent to a reassessment and actions 
        required by subsections (a) and (c) of section 2433a of 
        title 10, United States Code, during fiscal year 2010, 
        and also conducts such reassessment and actions with 
        respect to the F135 engine development and procurement 
        program (including related reporting based on the 
        original baseline as defined in subsection (c)), the 
        requirements of section 2433a of such title with 
        respect to the major subprogram designated under 
        subsection (a) shall be considered to be met with 
        respect to the major subprogram.
          (2) Limitation.--Actions taken in accordance with 
        paragraph (1) shall be considered to meet the 
        requirements of section 2433a of title 10, United 
        States Code, with respect to the major subprogram 
        designated under subsection (a) only to the extent that 
        designation as a major subprogram would require the 
        Secretary of Defense to conduct a reassessment and take 
        actions pursuant to such section 2433a for such a 
        subprogram upon enactment of this Act. The requirements 
        of such section 2433a shall not be considered to be met 
        with respect to such a subprogram in the event that 
        additional programmatic changes, following the date of 
        the enactment of this Act, cause the program 
        acquisition unit cost or procurement unit cost of such 
        a subprogram to increase by a percentage equal to or 
        greater than the critical cost growth threshold (as 
        defined in section 2433(a)(5) of such title) for the 
        subprogram.
                              ----------                              

81. An Amendment To Be Offered by Representative Shea-Porter, Carol of 
        New Hampshire or Her Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION TO 
                    DATABASES ON CONTRACTS IN IRAQ AND AFGHANISTAN.

  Section 861 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is 
amended by adding at the end the following new subsection:
  ``(e) Penalties.--Any contract in Iraq or Afghanistan entered 
into or modified after September 1, 2011, shall include a 
clause requiring the imposition of a penalty, by the department 
or agency awarding the contract, on any contractor that does 
not comply with requirements under this section, including 
requirements in the memorandum of understanding required by 
subsection (a), to provide information for the common databases 
identified under subsection (b)(4), including updating the 
information required. The penalty shall consist of the 
withholding of award and incentive fees.''.
  Page 304, line 15, strike ``and''.
  Page 304, line 21, strike the period and insert ``; and''.
  Page 304, after line 21, insert the following:
                  ``(C) the penalties, if any, imposed by the 
                departments and agency on contractors for 
                failing to comply with requirements under 
                section 861(e), including requirements to 
                provide information for the common databases 
                identified under section 861(b)(4).
                              ----------                              

    82. An Amendment To Be Offered by Representative Inslee, Jay of 
          Washington or His Designee, Debatable for 10 Minutes

  At the end of title VIII, add the following new section:

SEC. 839. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN EVALUATION 
                    OF OFFERS FOR KC-X AERIAL REFUELING AIRCRAFT 
                    PROGRAM.

  (a) Requirement To Consider Unfair Competitive Advantage.--In 
awarding a contract for the KC-X aerial refueling aircraft 
program (or any successor to that program), the Secretary of 
Defense shall, in evaluating any offers submitted to the 
Department of Defense in response to a solicitation for offers 
for such program, consider any unfair competitive advantage 
that an offeror may possess.
  (b) Report.--Not later than 60 days after submission of 
offers in response to any such solicitation, the Secretary of 
Defense shall submit to the congressional defense committees a 
report on any unfair competitive advantage that any offeror may 
possess.
  (c) Requirement To Take Findings Into Account in Award of 
Contract.--In awarding a contract for the KC-X aerial refueling 
aircraft program (or any successor to that program), the 
Secretary of Defense shall take into account the findings of 
the report submitted under subsection (b).
  (d) Unfair Competitive Advantage.--In this section, the term 
``unfair competitive advantage'', with respect to an offer for 
a contract, means a situation in which the cost of development, 
production, or manufacturing is not fully borne by the offeror 
for such contract.

```