★ 89–008 

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 


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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 twothirds 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 


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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 seconddegree 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. 


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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. 


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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 


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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 


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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 


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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-forperformance’’ 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 


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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) 


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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) 


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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) 


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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 preseparation 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, indusVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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trial base capabilities, and innovative technology processes to improve procurement and reduce risk, cost, and cycle time of system 

delivery. (10 minutes) 

60. Luja ́n (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) 


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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, 


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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 congresVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00015 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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sional 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. 5ll. 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. 

‘‘§ 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). 


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‘‘§ 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. 

‘‘§ 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. 


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‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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. 

‘‘§ 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 


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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 


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$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 


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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 


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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 


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$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 


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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. 


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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COURTNEY, JOE OF CONNECTICUT OR HIS DESIGNEE, DEBATABLE FOR 10 MIN- UTES

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: 

‘‘§ 1154. Assistance to eligible members and former members 

to obtain employment as teachers: Troops-toTeachers Program 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) PROGRAM.—The term ‘Program’ means the Troops-toTeachers 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 


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‘‘(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. 


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‘‘(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 

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section 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 qualiVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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fied 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 highneed school. 

‘‘(B) The total number of bonuses that may be paid under 

subparagraph (A) in any fiscal year may not exceed 3,000. 

‘‘(C) For purposes of subparagraph (A), the term ‘high-need 

school’ means a public elementary school, public secondary 

school, or public charter school that meets one or more of the 

following criteria: 

‘‘(i) At least 50 percent of the students enrolled in the 

school were from low-income families (as described in subsection (b)(2)(A)(i)). 

‘‘(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. 


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‘‘(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 MONT- GOMERY 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 

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cation 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.— 


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‘‘(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; 


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‘‘(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— 


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(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 technologybased 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. 


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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 adeVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00035 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

emcdonald on DSK2BSOYB1PROD with HEARING
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quate 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 


emcdonald on DSK2BSOYB1PROD with HEARING
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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 


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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. 7ll. 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 posttreatment 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. 


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(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 


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(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 IN- STITUTIONAL 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 


emcdonald on DSK2BSOYB1PROD with HEARING
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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. 3l. 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 


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‘‘(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 


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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: 


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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 


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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. 5ll. 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: 

‘‘§ 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: 

‘‘§ 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: 


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‘‘§ 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. 5ll. 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: 

‘‘§ 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. 


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‘‘(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: 


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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. 6ll. 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 govVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00048 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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ernment 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 postdeployment 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 BURIALRELATED 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.’’. 


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(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 reguVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00050 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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larly 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: 

‘‘§ 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.’’. 


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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: 


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‘‘§ 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: 


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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

‘‘§ 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. 

‘‘§ 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 


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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). 

‘‘§ 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 


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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. 

‘‘§ 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. 


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‘‘(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). 


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‘‘(f) NO DISCLOSURE BY BOARD REQUIRED.—The Board is not required to disclose under section 552 of title 5 information submitted by agencies to the Board regarding threats, vulnerabilities, 

and risks. 

‘‘§ 3555. Authority and functions of the Director of the National Office for Cyberspace 

‘‘(a) IN GENERAL.—The Director of the National Office for Cyberspace shall oversee agency information security policies and practices, including— 

‘‘(1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and 

compliance with standards promulgated under section 3558; 

‘‘(2) requiring agencies, consistent with the standards promulgated under section 3558 and other requirements of this 

subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm 

resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— 

‘‘(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; 


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‘‘(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 


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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. 

‘‘§ 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; 


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‘‘(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; 


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‘‘(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; 


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‘‘(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 


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‘‘(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). 


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‘‘(e) PUBLIC NOTICE AND COMMENT.—Each agency shall provide 

the public with timely notice and opportunities for comment on proposed information security policies and procedures to the extent 

that such policies and procedures affect communication with the 

public. 

‘‘§ 3557. Annual independent audit 

‘‘(a) IN GENERAL.—(1) Each year each agency shall have performed an independent audit of the information security program 

and practices of that agency to determine the effectiveness of such 

program and practices. 

‘‘(2) Each audit under this section shall include— 

‘‘(A) testing of the effectiveness of the information infrastructure of the agency for automated, continuous monitoring of the 

state of compliance of its information infrastructure with regulations promulgated under section 3554 and standards promulgated under section 3558 in a representative subset of— 

‘‘(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. 


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‘‘(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. 

‘‘§ 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 


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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. 

‘‘§ 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— 


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‘‘(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. 

‘‘§ 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 


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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 deterVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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mines that circumstances warrant the issuance of an additional vulnerability assessment. 

‘‘(B) Upon the request of a congressional committee, the 

Director may require a subsequent vulnerability assessment of a particular major system and its significant items 

of supply within the program. 

‘‘(C) Any subsequent vulnerability assessment of a major 

system and its significant items of supply shall include use 

of an analysis-based approach and, if applicable, a testingbased approach, to monitor the exploitation potential of 

such system and reexamine the factors described in subparagraphs (A) through (E) of paragraph (1). 

‘‘(3) CONGRESSIONAL OVERSIGHT.—The Director shall provide 

to the appropriate congressional committees a copy of each vulnerability assessment conducted under paragraph (1) or (2) not 

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.— 


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(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.— 


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(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 crossgovernmental architectures and standards-based information 

technologies, in support of effective operational and management policies, practices, and services across Federal departments and agencies and with the public and external entities. 

(5) Establish cooperative public-private sector partnership 

initiatives to achieve knowledge of technologies available in the 

marketplace that can be used for improving governmental operations and information technology research and development 

activities. 

(6) Gather timely and authoritative information concerning 

significant developments and trends in information technology, 

and in national priorities, both current and prospective, and 

analyze and interpret the information for the purpose of determining whether the developments and trends are likely to affect achievement of the priority goals of the Federal Government. 

(7) Develop, review, revise, and recommend criteria for determining information technology activities warranting Federal 

support, and recommend Federal policies designed to advance 


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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 CHAN- DLER, BEN OF KENTUCKY OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 599, strike lines 8 through 13. 


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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, 


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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. 


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(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 BROWNWAITE, 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: 


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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 PostTraumatic 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 


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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. 


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(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. 


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(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 MIN- UTES

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 


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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 furVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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nished 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: 


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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. 6l. 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. 


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‘‘(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. 


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‘‘(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 


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‘‘(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 INVEN- TORY.—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 PUB- LIC-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. 


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‘‘(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— 


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‘‘(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.— 


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(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: 

‘‘§ 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— 


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‘‘(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. 


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‘‘(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 


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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; 


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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. 5ll. MATTERS COVERED BY PRESEPARATION COUNSELING FOR 

MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES. 

Section 1142(b) of title 10, United States Code, is amended— 

(1) in paragraph (5), by striking ‘‘job placement counseling 

for the spouse’’ and inserting ‘‘inclusion of the spouse 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’’; 


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(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 


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

(a) REVIEW REQUIRED.—The Secretary of the Army and the Secretary of the Navy shall review the service records of each Jewish 

American World War I veteran described in subsection (b) to determine whether that veteran should be posthumously awarded the 

Medal of Honor. 

(b) COVERED JEWISH AMERICAN WAR VETERANS.—The Jewish 

American World War I veterans whose service records are to be reviewed under subsection (a) are the following: 

(1) Any Jewish American World War I veteran who was previously awarded the Distinguished Service Cross, the Navy 

Cross, or other military decoration for service during World 

War I. 

(2) Any other Jewish American World War I veteran whose 

name is submitted to the Secretary concerned for such purpose 

by the Jewish War Veterans of the United States of America 

before the end of the one-year period beginning on the date of 

the enactment of this Act. 

(c) CONSULTATIONS.—In carrying out the review under subsection 

(a), the Secretary concerned shall consult with the Jewish War Veterans of the United States of America and with such other veterans 

service organizations as the Secretary considers appropriate. 


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(d) RECOMMENDATION BASED ON REVIEW.—If the Secretary concerned determines, based upon the review under subsection (a) of 

the service records of any Jewish American World War I veteran, 

that the award of the Medal of Honor to that veteran is warranted, 

the Secretary shall submit to the President a recommendation that 

the President award the Medal of Honor posthumously to that veteran. 

(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of Honor 

may be awarded posthumously to a Jewish American World War 

I veteran in accordance with a recommendation of the Secretary 

concerned under subsection (a). 

(f) WAIVER OF TIME LIMITATIONS.—An award of the Medal of 

Honor may be made under subsection (e) without regard to— 

(1) section 3744, 6248, or 8744 of title 10, United States 

Code; and 

(2) any regulation or other administrative restriction on— 

(A) the time for awarding the Medal of Honor; or 

(B) the awarding of the Medal of Honor for service for 

which a Distinguished Service Cross, Navy Cross, or other 

military decoration has been awarded. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘Jewish American World War I veteran’’ means 

any person who served in the Armed Forces during World War 

I and identified himself or herself as Jewish on his or her military personnel records. 

(2) The term ‘‘Secretary concerned’’ means— 

(A) the Secretary of the Army, in the case of the Army; 

and 

(B) the Secretary of the Navy, in the case of the Navy 

and the Marine Corps. 

(3) The term ‘‘World War I’’ means the period beginning on 

April 6, 1917, and ending on November 11, 1918. 

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.— 


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(1) SECTION HEADING.—The heading of such section is 

amended to read as follows: 

‘‘§ 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— 


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(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 KIRK- PATRICK, 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: 

‘‘§ 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 


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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). 


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60. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LUJA ́ N, 

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. 


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(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 


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(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, DEBAT- ABLE 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. 


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(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. 5ll. 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 


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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 


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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. 


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(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)’’. 


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(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. 


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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. 3ll. 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: 

‘‘§ 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 

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cause 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, subVerDate Mar 15 2010 21:56 May 28, 2010 Jkt 089006 PO 00000 Frm 00109 Fmt 6659 Sfmt 6602 E:\HR\OC\HR498.XXX HR498

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contract, 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 


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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 bycase 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. 


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(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: 

‘‘§ 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; 


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‘‘(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: 


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

(a) COMPREHENSIVE REVIEW ON THE IMPLEMENTATION OF A REPEAL OF 10 U.S.C. § 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. § 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. § 654 and proposals that may be introduced in the Congress during the period of the review. 


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(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. § 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). 


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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— 


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(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. 


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(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 SHEAPORTER, 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: 


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SEC. 839. CONSIDERATION OF UNFAIR COMPETITIVE ADVANTAGE IN 

EVALUATION OF OFFERS FOR KC–X AERIAL REFUELING 

AIRCRAFT PROGRAM. 

(a) REQUIREMENT TO CONSIDER UNFAIR COMPETITIVE ADVAN- TAGE.—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. 


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