79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–182 

Providing for consideration of the bill (H.R. 2647) to authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe 

military personnel strengths for fiscal year 2010, and for other purposes. 

JUNE 23, 2009.—Referred to the House Calendar and ordered to be printed 

Ms. PINGREE, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 572] 

The Committee on Rules, having had under consideration House 

Resolution 572, by a record vote of 8 to 3, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides a structured rule for consideration of 

H.R. 2647, the ‘‘National Defense Authorization Act for Fiscal Year 

2010.’’ The resolution provides one hour of general 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 considers as an original bill for the purpose of amendment the amendment in the nature of a substitute recommended 

by the Committee on Armed Services. The committee amendment 

shall be considered as read. The resolution waives all points of 

order against the committee amendment 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 those amendments printed in this 

report and amendments en bloc. The amendments made in order 

may be offered only in the order printed in the report except that 

the amendments may be offered out of order provided the chair of 

the Committee on Armed Services announces from the floor a request to that effect, may be offered only by a Member designated 

in the report, shall be considered as read, shall be debatable for the 

time specified in the report equally divided and controlled by the 

proponent and an opponent, shall not be subject to amendment, 


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and shall not be subject to a demand for a division of the question 

in the House or in the Committee of the Whole. 

The resolution also permits the chair of the Committee on Armed 

Services or his designee to offer amendments en bloc if those 

amendments have been printed in this report and not earlier disposed of. The Chair of the Committee of the Whole may recognize 

for consideration 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 announces from the floor a request 

to that effect. Proponents of amendments to be considered en bloc 

may submit a statement in the Congressional Record immediately 

prior to the disposition of the amendments en bloc. The resolution 

provides one motion to recommit with or without instructions. The 

resolution provides for two minute voting during consideration of 

H.R. 2647. 

Finally, the resolution provides that, in the engrossment of H.R. 

2647, the text of H.R. 2990, as passed the House, shall be added 

as new matter at the end of H.R. 2647. H.R. 2990 shall be laid on 

the table upon addition of its text of H.R. 2647. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the bill 

(except for those arising under clause 9 or 10 of rule XXI) includes 

a waiver of clause 4(a) of rule XIII (requiring three-day layover of 

a committee report) because the Committee on Armed Services 

filed a supplemental report on June 23, 2009. The waiver of all 

points of order against the committee amendment in the nature of 

a substitute (except those arising under clause 10 of rule XXI) includes a waiver of clause 4 of rule XXI (prohibiting appropriations 

in legislative bills). 

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. 130 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Conaway (TX), #4, which would 

exempt from FOIA any photographs of detainees in military custody captured, detained, or engaged by U.S. Armed Forces in operations outside of the United States. It would apply to photographs 

taken between September 11, 2001, and January 22, 2009, if the 

Defense Secretary certifies that disclosure of the photos would endanger American lives. The certification can be renewed every 3 

years. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 


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Rules Committee record vote No. 131 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Forbes (VA), #33, which would 

require the consent of a state governor and legislature prior to any 

transfer of any detainee from Guantanamo Bay to that state. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 132 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Gingrey (GA), #125, which 

would strike language from section 1023(a) of the bill that would 

require the President to submit a plan to Congress before any 

funds could be used to transfer detainees at Guantanamo to the 

United States. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 133 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Bishop, Rob (UT), #38, which 

would allow the Secretary of Defense to waive the prohibitions of 

section 526 of the Energy Independence and Security Act of 2007 

(alternative fuels contracts) against the Department of Defense if 

the Secretary considers a waiver to be appropriate to readiness. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 134 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Boren (OK) and Rep. Conaway 

(TX), #31, which would allow the Federal government to purchase 

a generally available fuel that is produced, in whole or in part, 

from a nonconventional petroleum source, under certain conditions. 

Results: Defeated 3–8. 


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Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 135 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion By: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Sessions (TX), #30, which would 

strike section 327, which implements a 3-year suspension of publicprivate competitions for conversion of Department of Defense functions to performance by a contractor. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 136 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Dr. Foxx. 

Summary of Motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Franks (AZ) and Rep. Griffith 

(AL), #80, which would provide an additional $480 million for a 

ground-based midcourse defense system at Fort Greely, Alaska, 

and Vandenberg Air Force Base, California. Offsetting reductions 

are taken from international materials protection and cooperation, 

global threat reduction initiative, and North Korean anti-nuclear 

program initiatives. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 137 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Dr. Foxx. 

Summary of Motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Rogers, Mike (MI), #63, which 

would prohibit funds under the bill from being used to provide Miranda warnings to persons located outside the United States who 

are not U.S. persons and are suspected of (1) aiding the attacks of 

September 11, 2001, (2) harboring a person responsible for such attacks, or (3) being part of or supporting the Taliban, al Qaeda, or 

an affiliated organization that has engaged in hostilities against 

the United States or its allies. 

Results: Defeated 3–8. 

Vote by Members: McGovern—Nay; Hastings—Nay; Matsui— 

Nay; Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 138 

Date: June 23, 2009. 


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Measure: H.R. 2647. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. King, Steve (IA), #18, which 

would express the sense of Congress that the ‘‘surge strategy’’ in 

Iraq worked and that a definable victory in Iraq has been achieved. 

Results: Defeated 3–8. 

Vote by Member: McGovern—Nay; Hastings—Nay; Matsui—Nay; 

Cardoza—Nay; Arcuri—Nay; Perlmutter—Nay; Polis—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 139 

Date: June 23, 2009. 

Measure: H.R. 2647. 

Motion by: Mr. McGovern. 

Summary of motion: To report the rule. 

Results: Adopted 8–3. 

Vote by Member: McGovern—Yea; Hastings—Yea; Matsui—Yea; 

Cardoza—Yea; Arcuri—Yea; Perlmutter—Yea; Polis—Yea; Dreier— 

Nay; Diaz-Balart—Nay; Foxx—Nay; Slaughter—Yea. 

SUMMARY OF AMENDMENTS TO BE MADE IN ORDER

1. Skelton (MO): Would (1) make technical fixes to the BrightHunter amendment adopted at full committee mark-up, is a technical fix for the Rep. Ortiz request, (2) make a conforming change 

to statutory limitation of non-dual status technicians, (3) extend 

the deadline from 30 days to 90 days after the date of enactment 

for the report on Miranda warning required by SEC 1036, (4) 

disaggregate NAVY/Marine Corps Procurement in SEC 1505 in line 

with similar disaggregation for ARMY (SEC 1502) and Air Force 

(SEC 1506) Procurement, and (5) fix other technical issues. (10 

minutes) 

2. McKeon (CA)/Skelton (MO): Would express the sense of Congress that the Honorable John M. McHugh has served the House 

of Representatives and the American people selflessly and with distinction and that he deserves the gratitude of Congress and the 

Nation. (10 minutes) 

3. McGovern (MA)/Jones (NC)/Pingree (ME): Would require the 

Defense Secretary to report to Congress, not later than December 

31, 2009, on a U.S. exit strategy for U.S. military forces in Afghanistan participating in Operation Enduring Freedom. (10 minutes) 

4. McGovern (MA)/Sestak (PA)/Bishop, Sanford (GA)/Lewis, John 

(GA): Would require public disclosure of students and instructors 

at the Western Hemisphere Institute for Security Cooperation. (10 

minutes) 

5. Hastings, Alcee (FL): Would prohibit the recruitment, enlistment, or retention of individuals associated or affiliated with 

groups associated with hate-related violence against groups or persons or the United States government. (10 minutes) 

6. Hastings, Alcee (FL): Would provide statutory authority for 

the International Committee of the Red Cross (ICRC) to have access to detainees at Bagram Air Base in Afghanistan. Such access 

is pursuant to ICRC’s protocols and agreements reached between 

the ICRC and the appropriate authorities at Bagram Air Base. (10 

minutes) 


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7. LoBiondo (NJ)/Delahunt (MA)/Coble (NC): Would authorize 

civil legal assistance for Coast Guard reservists. (10 minutes) 

8. Sanchez, Loretta (CA): Would allow the Air Force Secretary to 

establish the nonprofit Air Force Academy Athletic Association to 

support the Academy’s athletic programs. (10 minutes) 

9. Franks (AZ)/Cantor (VA)/Sessions (TX)/Broun (GA)/Roskam 

(IL): Would provide that it is U.S. policy to continue missile defense 

testing. It would increase funding for the Missile Defense Agency 

by $1.2 billion. Offsetting reductions would come from defense environmental cleanup. (10 minutes) 

10. Kratovil (MD): Would modify the report on progress toward 

security and stability in Afghanistan by requiring information on 

agreements with NATO ISAF and non-NATO ISAF countries on 

mutually-agreed upon goals, strategies to achieve such goals, resource and force requirements, and commitments for troop and resource levels. (10 minutes) 

11. Kratovil (MD): Would allow federal facilities to receive financial incentives from statewide agencies, Independent System Operators, or third party entities for energy efficiency and energy management measures undertaken by the federal facility. (10 minutes) 

12. Turner (OH): Would limit funds for reduction in U.S. strategic nuclear forces pursuant to a treaty with Russia after enactment to situations where the treaty provides methods for verifying 

compliance, the treaty does not limit ballistic missile defense or 

space capabilities of the United States, and the NNSA budget is 

sufficiently funded. (10 minutes) 

13. Bright (AL): Would allow U.S. Special Operations Command 

(SOCOM) to procure special operations-peculiar material and supplies for units engaged in Overseas Contingency Operations by 

using certain non-competitive procedures to secure follow-on contracts for the same items. (10 minutes) 

14. Adler (NJ): Would require the Secretary of Defense, in consultation with the Secretary of State, to report to the Senate Foreign Relations Committee, the House Foreign Affairs Committee, 

and the congressional defense committees on the potential foreign 

military sales of the Littoral Combat Ship (LCS). The report would 

include a detailed analysis of the costs, timeline, benefits and 

drawbacks of building and selling the Littoral Combat Ship to foreign allies. (10 minutes) 

15. Akin (MO)/Forbes (VA): Would require the Defense Secretary 

to submit to Congress a report on any non-disclosure agreements 

signed by DoD employees regarding their official duties (except 

those relating to security clearances). The report would describe 

topics covered by the agreements, the number of employees required to sign such agreements, the duration of agreements, the 

types of persons covered, reasons for requiring such agreements, 

and the criteria for determining such information should not be 

disclosed. (10 minutes) 

16. Bishop, Sanford (GA): Would broaden the potential funding 

authority of the Department of Defense’s Office of Economic Adjustment to include development of public infrastructure. (10 minutes) 

17. Blumenauer (OR)/Brown-Waite (FL): Would require the Secretary of Defense to develop methods to account for the full lifecycle costs of munitions, including the effects of failure rates on the 


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cost of disposal, and report to Congress recommendations for reducing these costs, unexploded ordnance, and munitions-constituent 

contamination. (10 minutes) 

18. 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, if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation. (10 minutes) 

19. Cohen (TN): Would require the Defense Secretary to report 

to Congress on the potential effects of expanding the list of persons 

under 10 U.S.C. section 1482(c) who may be designated by a member of the Armed Forces as the person authorized to direct disposition of the remains of the member of the Armed Forces. (10 minutes) 

20. Connolly (VA): Would provide that section 526 of the Energy 

Independence and Security Act of 2007 (Public Law 110–140) does 

not prohibit an agency from entering into a contract to purchase 

a generally-available fuel that is not a synthetic fuel or predominantly produced from a non-conventional petroleum source if the 

contract does not specifically require such a fuel. The purpose of 

the contract is not to obtain such a fuel, and the contract does not 

provide incentives for upgrading or expanding refineries to increase 

fuel from non-controversial petroleum sources. (10 minutes) 

21. Connolly (VA)/Nye (VA)/Perriello (VA): Would protect 

servicemembers and their families from early termination fees on 

family cellular plans should they have to relocate out of the service 

area due to deployment or change of station orders. It also would 

make protections in the Leases of Premises section of the 

Servicemembers Civil Relief Act (SCRA) consistent with those in 

the Leases of Motor Vehicles section. (10 minutes) 

22. Costa (CA): Would require the Secretary of Defense to carry 

out a study and submit to the congressional defense committees a 

report on the distribution of hemostatic agents to ensure each 

branch of the military is complying with their own policies on hemostatic agents. Also expresses the sense of Congress that all 

members of the Armed Forces in combat zones should carry lifesaving resources with them, including hemostatic agents. (10 minutes) 

23. Cummings (MD): Would expand the military leadership diversity commission to include reserve component representatives. 

(10 minutes) 

24. Cummings (MD): Would require the Secretary to provide embarked military personnel on board U.S.-flagged vessels carrying 

Government-impelled cargoes in regions at high risk of piracy. (10 

minutes) 

25. Davis, Geoff (KY): Would add a section 1039 to require the 

President to commission a study by an executive agency of a program to develop ‘‘national security professionals’’ across the departments and agencies in order to provide personnel proficient in planning and conducting national security interagency operations. (10 

minutes) 

26. DeFazio (OR): Would require the Department of Defense to 

conduct a study on the total number of subcontractors used on the 

last five major weapons systems in which acquisition has been completed and determine if fewer subcontractors could have been more 


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cost effective. It would require GAO to review the study. (10 minutes) 

27. DeLauro (CT)/Courtney (CT)/McMahon (NY)/Teague (NM): 

Would require the Defense Secretary, in consultation with the Veterans Affairs Secretary and Health and Human Services Secretary, 

to conduct a demonstration project, at two military installations, to 

assess the feasibility and efficacy of providing servicemembers with 

a post-deployment mental health screening conducted in person by 

a mental health provider. (10 minutes) 

28. Driehaus (OH): Would require GAO to submit a report to 

Congress on the (1) impact of domestic violence in families of members of the Armed Forces on the children of such families and (2) 

information on progress being made to ensure such children receive 

adequate care and services. (10 minutes) 

29. Flake, Jeff (AZ): Would require the Defense Secretary to report to Congress on the competitive processes used to award earmarks listed in the joint explanatory statement for the FY2008 defense appropriations bill. If competitive processes were not employed in making such awards, the decision-making process and 

justifications as to why should be cited in the report. (10 minutes) 

30. Grayson (FL): Would require within 90 days of enactment 

that the GAO submit a report to Congress on cost overruns in the 

performance of DOD contracts in FY2006 through FY2009, including identification of the contractor and the covered contract involved, the cost estimate of the covered contract, and the cost overrun for the covered contract. (10 minutes) 

31. Hare (IL)/Braley (IA)/Tonko (NY)/Murphy, Scott (NY): Would 

extend the authorization for the Arsenal Support Program Initiative (ASPI) through Fiscal Year 2011 (the existing authority is set 

to expire in FY2010). (10 minutes) 

32. Hodes (NH): Would require the Office for Reintegration Programs to establish a program to provide National Guard and Reserve members, their families, and their communities with training 

in suicide prevention and community healing and response to suicide. (10 minutes) 

33. Holden (PA): Would require the Secretaries of the Army, 

Navy, and Air Force to design and issue a Combat Medevac Badge 

to be awarded to service members who served on or after June 25, 

1950, as pilots or crew members on helicopter medical evacuation 

ambulances and who meet the requirements for the award of that 

badge. (10 minutes) 

34. Holt (NJ): Would require the videotaping of all military interrogations, with appropriate security classifications. (10 minutes) 

35. Johnson, Eddie Bernice (TX): Would amend section 713 (report on health care of military family members) to include the need 

for and availability of mental health care services with respect to 

dependents accompanying a member stationed at a military installation outside of the United States. (10 minutes) 

36. Lee, Barbara (CA): Would prohibit the establishment of permanent military bases in Afghanistan. (10 minutes) 

37. Lipinski (IL): Would express the sense of Congress that it reaffirms its support for the recovery and return to the United States 

of the remains of members of the Armed Forces killed in battle 

during World War II in the battle of Tawara Atoll. It also encourVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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ages the Defense Department to pursue new efforts to recover and 

return such remains. (10 minutes) 

38. Maloney (NY): Would require the Defense Secretary to submit periodic reports to Congress on progress with respect to the Defense Incident-Based Reporting System. (10 minutes) 

39. Maloney (NY)/Honda (CA): Would establish an Overseas Voting Advisory Board that will conduct studies and issue reports and 

have hearings on the abilities of and obstacles to overseas voting, 

the successes and failures of the Federal Voting Assistance Program (FVAP) under the Department of Defense, and any administration efforts to increase overseas voter participation. (10 minutes) 

40. Minnick (ID): Would direct the Secretary of Defense to submit to the defense committees a report on health care accessibility 

for members of the Armed Services in rural areas, including policy 

or resource recommendations to improve access to health care for 

such individuals. (10 minutes) 

41. Sarbanes (MD): Would require the Comptroller General to 

convene a panel of experts, including officers and employees of the 

United States and private industry officials and labor organizations, to study the ethics, competence, and effectiveness of acquisition personnel and the governmentwide procurement process. (10 

minutes) 

42. Schakowsky (IL): Would grant access by Congress to the 

database of information regarding the integrity and performance of 

certain persons awarded federal contracts and grants created by 

section 872 of the FY 2009 National Defense Authorization Act 

(P.L. 110–417; Stat. 455). (10 minutes) 

43. Schakowsky (IL): Would impose additional reporting requirements for inventory relating to contracts for services which would 

require an annual estimation of how many dollars each contracting 

officer is responsible for, as well as a report on how many contracting officers are themselves contract employees. This reporting 

requirement would begin in FY2011. (10 minutes) 

44. Schrader (OR): Would, with respect to members of the Armed 

Forces exposed to potentially harmful material or contaminant as 

determined by the Defense Secretary, require the Secretary to notify the member or (in the case of a reservist) the state military department of the exposure and any associated health risks. If the exposure occurs while the member is deployed, the notification shall 

occur while the member is so deployed. (10 minutes) 

45. Smith, Christopher (NJ): Would require GAO to report to 

Congress on a cost analysis and audit of the Navy’s security measures in advance of the proposed occupancy by the general public of 

units of the Laurelwood Housing complex on Naval Weapons Station, Earle, New Jersey. (10 minutes) 

46. Smith, Christopher (NJ): Would require the Department of 

Defense to report on its actions to prevent intra-familial international abductions affecting military parents and on its actions to 

assist military parents seeking the return of their abducted children. (10 minutes) 

47. Souder (IN): Would clarify that section 111 (restriction on obligation of funds for Army tactical radio systems) only affects prospective FY 2010 funds and there is no presumption that this affects prior year funding. (10 minutes) 


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48. Space (OH): Would require the VA Secretary, in consultation 

with the Defense Secretary, to develop and implement a secure 

electronic method of forwarding the DD Form 214 (release or discharge from active duty) to appropriate offices. The VA Secretary 

also shall ensure that the information provided is not disclosed or 

used for unauthorized purposes and may cease forwarding the 

forms if problems arise. (10 minutes) 

49. Thompson, Mike (CA): Would allow the Secretary of the Navy 

to convey the Ferndale Housing facility of the now closed 

Centerville Beach Naval Facility to the City of Ferndale, California, at fair market value for the use of providing housing for 

low- and moderate-income seniors and families. If the Secretary determines the property is not being used as specified, the property 

shall revert to the United States. (10 minutes) 

50. Taylor (MS): Would authorize the U.S. Navy to enter into a 

lease agreement with the Maritime Administration if the United 

States takes possession of the Hulakai and Alakai High Speed Ferries due to a loan guarantee default. (10 minutes) 

51. Tierney (MA): Would require that the Secretary of Defense 

also report on proposed radars when reporting on whether a missile defense system has demonstrated a high probability of operating successfully. (10 minutes) 

52. Tierney (MA): Would direct the Secretary of Defense to commission a report from the JASON Defense Advisory Panel on the 

technical and scientific feasibility of U.S. missile defense discrimination capabilities as designed and conceived. (10 minutes) 

53. Van Hollen, Chris (MD): Would express the sense of Congress 

that multiple methods are available to the Defense Department to 

implement the defense access roads program (23 U.S.C. sec. 210) 

in the vicinity of the National Naval Medical Center in Bethesda, 

MD, to alleviate traffic congestion. (10 minutes) 

54. Walz (MN): Would require the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, to submit to Congress a report on the progress that has been made on the establishment, announced by the President on April 9, 2009, of a Joint Virtual Lifetime Electronic Record for members of the Armed Forces 

to improve the quality of medical care and create a seamless integration between the Department of Defense and the Department of 

Veterans Affairs. (10 minutes) 

55. Weiner (NY): Would require the GAO Comptroller General, 

within 90 days of enactment, to report to Congress on the costs incurred by cities and other municipalities that elect to cover the difference between an employee’s military service when that employee 

is a member of a reserve component and called to active duty and 

the municipal salary of the employee. (10 minutes) 

56. Whitfield (KY): Would amend section 711 (report on posttraumatic stress disorder) to require the report to include the effectiveness of alternative therapies in the treatment of post-traumatic 

stress disorder, including the therapeutic use of animals. (10 minutes) 

57. Griffith (AL): Would express the sense of Congress that the 

Defense Secretary should consider the role of ballistic missile defenses during the quadrennial defense review and the nuclear posture review. (10 minutes) 


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58. Wilson, Joe (SC): Would recognize state defense forces as integral military components of the homeland security effort of the 

United States, while reaffirming that such forces remain entirely 

state regulated and will be used for homeland security purposes exclusively at the local level under state law. It also would permit the 

Defense Secretary to transfer excess property and equipment to 

state defense forces. (10 minutes) 

59. Holt (NJ): Would require the Defense Secretary to ensure 

that members of the Individual Ready Reserve (IRR) who have 

served at least one tour in either Iraq or Afghanistan receive at 

least quarterly counseling calls from properly trained personnel to 

determine the IRR member’s emotional, psychological, medical, and 

career needs so long as the covered servicemember is in the IRR. 

When necessary, at-risk members would be referred for immediate 

evaluation and treatment by qualified mental health service providers. (10 minutes) 

60. Garrett (NJ): Would express the sense of Congress in support 

of the State of Israel that the United States should work with 

Israel to ensure it receives military assistance, including missile 

defense capabilities, needed to address the threat of Iran. (10 minutes) 

61. Kirk (IL)/Larsen, Rick (WA): Would provide the Secretary of 

Defense with the authority to provide a bonus to a servicemember 

who agrees to serve in Afghanistan for six consecutive years, or 

until U.S. forces withdraw. (10 minutes) 

62. Sestak (PA): Would provide for the treatment of autistic children of military personnel. (10 minutes) 

63. Bishop, Tim (NY)/Shea-Porter (NH): Would require the Defense Secretary to prohibit the disposal of medical and hazardous 

waste in open-air burn pits for any period longer than 12 months 

during a contingency operation. It also would require the Secretary 

to submit a report on the use of such burn pits. (10 minutes) 

64. Blumenauer (OR)/Brown-Waite (FL): Would provide that the 

Defense Secretary shall, in the Defense budget submission, include 

funding levels for Military Munitions Response Program and Installation Restoration Program and report on progress of such programs in the Defense Environmental Program’s submission to Congress. (10 minutes) 

65. Castor (FL)/Bilirakis (FL): Would give members of the Armed 

Forces serving in combat operations a free monthly postal voucher 

they can transfer to their loved ones, who can then send a letter 

or package to them at no cost. Members of the Armed Forces could 

also choose to donate their vouchers to charitable organizations, 

such as those that send care packages to soldiers. Of funds authorized for Army operation and maintenance, not more than $50 million shall be available for postal benefits. Offsetting reductions are 

provided from Army Claims, System-Wide Navy Communications, 

and System-Wide Air Force Communications. (10 minutes) 

66. McDermott (WA): Would require the Secretary of Defense, in 

consultation with the Secretary of State, to publish a map of the 

Democratic Republic of the Congo showing mineral-rich areas and 

areas under the control of armed groups. Mineral mines in areas 

under the control of armed groups will be known as ‘conflict zone 

mines’. The map shall be updated every 180 days until the SecVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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retary certifies that no armed party is involved in the mining, sale, 

or export of minerals. (10 minutes) 

67. Schiff (CA): Would allow a federally-funded research and development center affiliated with the National Aeronautics and 

Space Administration to respond to Department of Defense agency 

announcements. (10 minutes) 

68. Bordallo (GU): Would add to the bill the text of H.R. 44, the 

‘‘Guam World War II Loyalty Recognition Act.’’ It would authorize 

the Foreign Claims Settlement Commission to settle claims resulting from the occupation of Guam during World War II based on 

other war claims programs. (10 minutes) 

69. Grayson (FL): Would require that cost or price to the Federal 

government be given at least equal importance as technical or 

other criteria in evaluating competitive proposals for defense contracts, and would require the Secretary of Defense to report to Congress and post on the Internet a list of each waiver issued by the 

head of an agency during the preceding fiscal year. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SKELTON

OF MISSOURI, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 72, line 18, strike ‘‘(h)’’ and insert ‘‘(d)’’. 

At the end of section 414 (page 122, after line 14), add the following new subsection: 

(c) CONFORMING AMENDMENT TO STATUTORY LIMITATION.—Section 10217(c)(2) of title 10, United States Code, is amended by 

striking ‘‘1,950’’ and inserting ‘‘2,541’’. 

Page 260, lines 9 and 10, strike ‘‘by adding at the end the following new section’’ and insert ‘‘by inserting after section 235, as 

added by section 242(a) of this Act, the following new section’’. 

Page 260, line 11, strike ‘‘235.’’ and insert ‘‘236.’’. 

Page 262, before line 1, strike ‘‘235.’’ and insert ‘‘236.’’. 

At the end of subtitle A of title X (page 323, after line 12), add 

the following new section: 

SEC. 1003. ADJUSTMENT OF CERTAIN AUTHORIZATIONS OF APPROPRIATIONS. 

(a) AIR FORCE RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—Funds authorized to be appropriated in section 201(3) for 

research, development, test, and evaluation for the Air Force are 

reduced by $2,900,000, to be derived from sensors and near field 

communication technologies. 

(b) ARMY OPERATION AND MAINTENANCE.—Funds authorized to 

be appropriated in section 301(1) for operation and maintenance for 

the Army are reduced by $18,000,000, to be derived from unobligated balances for the Army in the amount of $11,700,000 and fuel 

purchases for the Army in the amount of $6,300,000. 

(c) NAVY OPERATION AND MAINTENANCE.— (1) REDUCTION.—Funds authorized to be appropriated in section 301(2) for operation and maintenance for the Navy are reduced by $22,900,000 to be derived from unobligated balances 

for the Navy in the amount of $11,700,000 and fuel purchases 

for the Navy in the amount of $11,200,000. 


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(2) AVAILABILITY.—Of the funds authorized to be appropriated in section 301(2) for operation and maintenance for the 

Navy for the purpose of Ship Activations/Inactivations, 

$6,000,000 shall be available for the Navy Ship Disposal–Carrier Demonstration Project 

(d) MARINE CORPS OPERATION AND MAINTENANCE.—Funds authorized to be appropriated in section 301(3) for operation and 

maintenance for the Marine Corps are reduced by $2,000,000, to be 

derived from unobligated balances for the Marine Corps in the 

amount of $1,100,000 and fuel purchases for the Marine Corps in 

the amount of $900,000. 

(e) AIR FORCE OPERATION AND MAINTENANCE.—Funds authorized 

to be appropriated in section 301(4) for operation and maintenance 

for the Air Force are reduced by $25,000,000, to be derived from 

unobligated balances for the Air Force in the amount of $4,300,000 

and fuel purchases for the Air Force in the amount of $20,700,000. 

(f) DEFENSE-WIDE OPERATION AND MAINTENANCE.—Funds authorized to be appropriated in section 301(5) for operation and 

maintenance for Defense-wide activities are reduced by $5,200,000, 

to be derived from unobligated balances for Defense-wide activities 

in the amount of $4,300,000 and fuel purchases for Defense-wide 

activities in the amount of $900,000. 

(g) MILITARY PERSONNEL.—Funds authorized to be appropriated 

in section 421 for military personnel accounts are reduced by 

$50,000,000, to be derived from unobligated balances for military 

personnel accounts. 

Page 345, line 16, strike ‘‘30 days’’ and insert ‘‘90 days’’. 

Page 391, line 15, strike ‘‘the budget fiscal year’’ and insert ‘‘subsequent fiscal years’’. 

Strike section 1505 (page 493, beginning line 12) and insert the 

following new section: 

SEC. 1505. NAVY AND MARINE CORPS PROCUREMENT. 

Funds are hereby authorized to be appropriated for fiscal year 

2010 for procurement accounts of the Navy and Marine Corps in 

amounts as follows: 

(1) For aircraft procurement, Navy, $916,553,000. 

(2) For weapons procurement, Navy, $73,700,000. 

(3) For ammunition procurement, Navy and Marine Corps, 

$710,780,000. 

(4) For other procurement, Navy, $318,018,000. 

(5) For procurement, Marine Corps, $1,164,445,000. 

Page 556, line 14, strike ‘‘2821(b)’’ and insert ‘‘2811(b)’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKEON

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title X (page 374, after line 2), insert 

the following new section: 

SEC. 1055. SENSE OF CONGRESS HONORING THE HONORABLE JOHN M. 

MCHUGH. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In 1993, Representative John M. McHugh was elected to 

represent New York’s 23rd Congressional district, which is loVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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cated in northern New York and consists of Clinton, Hamilton, 

Lewis, Oswego, Madison, and Saint Lawrence counties and 

parts of Essex, Franklin, Fulton, and Oneida counties. 

(2) Representative McHugh also represents Fort Drum, home 

of the 10th Mountain Division. 

(3) Prior to his service in Congress, Representative McHugh 

served four terms in the New York State Senate, representing 

the 48th district from 1984 to 1992. 

(4) Representative McHugh began his public service career 

in 1971 in his hometown of Watertown, New York, where he 

served for five years as a Confidential Assistant to the City 

Manager. 

(5) Subsequently, Representative McHugh served for nine 

years as Chief of Research and Liaison with local governments 

for New York State Senator H. Douglas Barclay. 

(6) Representative McHugh is known by his colleagues as a 

leader on national defense and security issues and a tireless 

advocate for America’s military personnel and their families. 

(7) During his tenure, he has led the effort to increase Army 

and Marine Corps end-strength levels, increase military personnel pay, reduce the unfair tax on veterans’ disability and 

military retired pay (concurrent receipt) and safeguard military retiree benefits for our troops. 

(8) Since the 103rd Congress, Representative McHugh has 

served on the Armed Services Committee of the House of Representatives and subsequently was appointed Chairman of the 

Morale, Welfare, and Recreation Panel before being appointed 

Chairman of the Military Personnel Subcommittee. 

(9) Representative McHugh began serving on the Unites 

States Military Academy Board of Visitors in 1995, and he was 

appointed to the Board of Visitors by the Speaker of the House 

in 2007. 

(10) In the 111th Congress, Representative McHugh was appointed Ranking Member of the Armed Services Committee of 

the House of Representatives by the Republican membership of 

the House of Representatives. 

(11) On June 2, 2009, the President nominated Representative McHugh to serve as the Secretary of the Army. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Honorable John M. McHugh, Representative from New York, has 

served the House of Representatives and the American people selflessly and with distinction and that he deserves the sincere and 

humble gratitude of Congress and the Nation. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOVERN

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 12ll. REPORT ON AFGHANISTAN EXIT STRATEGY. 

Not later than December 31, 2009, the Secretary of Defense shall 

submit to Congress a report outlining the United States exit stratVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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egy for United States military forces in Afghanistan participating 

in Operation Enduring Freedom. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCGOVERN

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title X of the bill, add the following 

new section: 

SEC. 10xx. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT WESTERN HEMISPHERE INSTITUTE FOR 

SECURITY COOPERATION. 

Section 2166 of title 10, United States Code, is amended by adding at the end the following new subsection: 

‘‘(j) PUBLIC DISCLOSURE OF STUDENTS AND INSTRUCTORS.—(1) 

The Secretary of Defense shall release to the public, upon request, 

the information described in paragraph (2) for each of fiscal years 

2005, 2006, 2007, 2008, and 2009, and any fiscal year thereafter. 

‘‘(2) The information to be released under paragraph (1) shall include the following with respect to the fiscal year covered: 

‘‘(A) The entire name, including the first, middle, and maternal and paternal surnames, with respect to each student and 

instructor at the Institute. 

‘‘(B) The rank of each student and instructor. 

‘‘(C) The country of origin of each student and instructor. 

‘‘(D) The courses taken by each student. 

‘‘(E) The courses taught by each instructor. 

‘‘(F) Any years of attendance by each student in addition to 

the fiscal year covered.’’. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title V (page 134, after line 24), add 

the following new section: 

SEC. 524. PROHIBITION ON RECRUITMENT, ENLISTMENT, OR RETENTION OF PERSONS ASSOCIATED OR AFFILIATED WITH 

GROUPS ASSOCIATED WITH HATE-RELATED VIOLENCE 

AGAINST GROUPS OR PERSONS OR THE UNITED STATES 

GOVERNMENT. 

Section 504 of title 10, United States Code, is amended by adding 

at the end the following new subsection: 

‘‘(c) PERSONS ASSOCIATED OR AFFILIATED WITH HATE GROUPS.— 

‘‘(1) PROHIBITION.—A person associated or affiliated with a 

group associated with hate-related violence against groups or 

persons or the United States Government, as determined by 

the Attorney General, may not be recruited, enlisted, or retained in the armed forces. 

‘‘(2) DEFINITION OF HATE GROUP.—In this subsection, the 

terms ‘group associated with hate-related violence’ or ‘hate 

group’ mean the following: 

‘‘(A) Groups or organizations that espouse or engage in 

acts of violence against other groups or minorities based 

on ideals of hate, ethnic supremacies, white supremacies, 


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racism, anti-Semitism, xenophobia, or other bigotry 

ideologies. 

‘‘(B) Groups or organizations engaged in criminal gang 

activity including drug and weapons trafficking and smuggling. 

‘‘(C) Groups or organizations that espouse an intention 

or expectation of armed revolutionary activity against the 

United States Government, or the violent overthrow of the 

United States Government. 

‘‘(D) Groups or organizations that espouse an intention 

or expectation of armed activity in a ‘race war’. 

‘‘(E) Groups or organizations that encourage members to 

join the armed forces in order to obtain military training 

to be used for acts of violence against minorities, other 

groups, or the United States Government. 

‘‘(F) Groups or organizations that espouse violence based 

on race, creed, religion, ethnicity, or sexual orientation. 

‘‘(G) Other groups or organizations that are determined 

by the Attorney General to be of a violent, extremist nature. 

‘‘(3) EVIDENCE OF ASSOCIATION OR AFFILIATION WITH HATE

GROUP.—The following shall constitute evidence that a person 

is associated or affiliated with a group associated with hate-related violence: 

‘‘(A) Individuals possessing tattoos or other body markings indicating association or affiliation with a hate group. 

‘‘(B) Individuals known to have attended meetings, rallies, conferences, or other activities sponsored by a hate 

group. 

‘‘(C) Individuals known to be involved in online activities 

with a hate group, including being engaged in online discussion groups or blog or other postings that support, encourage, or affirm the group’s extremist or violent views 

and goals. 

‘‘(D) Individuals who are known to have in their possession photographs, written testimonials (including diaries 

or journals), propaganda, or other materials indicating involvement or affiliation with a hate group. Such materials 

can include photographs, written materials relating to or 

referring to extreme hatred that are clearly not of an academic nature, possession of objects that venerate or glorify 

hate-inspired violence, and related materials, as determined by the Attorney General. 

‘‘(E) Individuals espousing the intent to acquire military 

training for the purpose of using such training towards 

committing acts of violence of a purpose not affiliated with 

the armed forces. 

‘‘(4) REQUIREMENTS FOR RECRUITERS AND ENLISTMENT PROCESSING STATIONS.—A military recruiters may not enlist, or assist in enlisting, a person who is associated or affiliated with 

a group associated with hate-related violence, as evidenced 

pursuant to paragraph (3). A person at any military enlistment 

processing station who, during the screening process, is found 

to be affiliated or associated with a hate group (including 


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17 

through admitting to any such affiliation or association on any 

form or document) is automatically prohibited from enlisting. 

‘‘(5) SEPARATION.— ‘‘(A) SEPARATION REQUIRED.—A person discovered or determined to be associated or affiliated with a group associated with hate-related violence, as evidenced pursuant to 

paragraph (3), shall be immediately discharged from the 

armed forces, in the manner prescribed in regulations regarding discharge from service. 

‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to a 

member of the armed forces who has renounced the member’s previous affiliation or association with a group associated with hate-related violence, as determined by the commanding officer of the member. 

‘‘(6) REPORTING REQUIREMENT.—Not later than April 1, 2010, 

and annually thereafter, the Secretary concerned shall submit 

to the Committees on Armed Service of the Senate and House 

of Representatives a report— 

‘‘(A) on the presence in the armed forces of members who 

are associated or affiliated with a group associated with 

hate-related violence and describing the actions of the Secretary to discharge such members; and 

‘‘(B) describing the actions of the Secretary to prevent 

persons who are associated or affiliated with a hate group 

from enlisting.’’. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HASTINGS

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title X (page 374, after line 6), insert 

the following new section: 

SEC. 1055. NOTIFICATION AND ACCESS OF INTERNATIONAL COMMITTEE OF THE RED CROSS WITH RESPECT TO DETAINEES AT THEATER INTERNMENT FACILITY AT BAGRAM AIR 

BASE, AFGHANISTAN. 

(a) NOTIFICATION.—The head of a military service or department, 

or of a Federal department or agency, that has custody or effective 

control of the Theater Internment Facility at Bagram Air Base, Afghanistan, or of any individual detained at such facility, shall, 

upon the detention of any such individual at facility, notify the 

International Committee of the Red Cross (referred to in this section as the ‘‘ICRC’’) of such custody or effective control, as soon as 

possible. 

(b) ACCESS.—The head of a military service or department, or of 

a Federal department or agency, with effective control of the Theater Internment Facility at Bagram Air Base, Afghanistan, pursuant to subsection (a), shall ensure ICRC access to any detainee 

within 24 hours of the receipt by such head of an ICRC request to 

access the detainee. Such access to the detainee shall continue pursuant to ICRC protocols and agreements reached between the 

ICRC and the head of a military service or department, or of a Federal department or agency, with effective control over the Theater 

Internment Facility at Bagram Air Base, Afghanistan. 

(c) SCOPE OF ACCESS.—The ICRC shall be provided access, in accordance with this section, to any physical locality at the Theater 


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Internment Facility at Bagram Air Base, Afghanistan, determined 

by the ICRC to be relevant to the treatment of the detainee, including the detainee’s cell or room, interrogation facilities or rooms, 

hospital or related health care facilities or rooms, or other locations 

not named in this section. 

(d) CONSTRUCTION.—Nothing in this section shall be construed 

to— 

(1) create or modify the authority of a military service or department, a Federal law enforcement agency, or the intelligence community to detain an individual; or 

(2) limit or otherwise affect any other rights or obligations 

which may arise under the Geneva Conventions, other international agreements, or other laws, or to state all of the situations under which notification to and access for the International Committee of the Red Cross is required or allowed. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LOBIONDO

OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title V (page 180, line 11), add the following new 

section: 

SEC. 594. LEGAL ASSISTANCE FOR ADDITIONAL RESERVE COMPONENT MEMBERS. 

Section 1044(a)(4) of title 10, United States Code, is amended by 

striking ‘‘the Secretary of Defense), for a period of time, prescribed 

by the Secretary of Defense,’’ and inserting ‘‘the Secretary), for a 

period of time (prescribed by the Secretary)’’. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LORETTA

SANCHEZ OF CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle D of title V (page 144, after line 3), add 

the following new section: 

SEC. 537. AIR FORCE ACADEMY ATHLETIC ASSOCIATION. 

(a) IN GENERAL.—Chapter 903 of title 10, United States Code, is 

amended by inserting after section 9359 the following new section: 

‘‘§ 9359a. Air Force Academy Athletic Association: authorization, purpose, and governance 

‘‘(a) ESTABLISHMENT AUTHORIZED.—The Secretary of the Air 

Force may establish a nonprofit corporation, to be known as the 

‘Air Force Academy Athletic Association’, to support the athletic 

program of the Air Force Academy. 

‘‘(b) ORGANIZATION AND DUTIES.—(1) The Air Force Academy 

Athletic Association (in this section referred to as the ‘Association’) 

shall be organized and operated as a nonprofit corporation under 

section 501(c)(3) of the Internal Revenue Code of 1986 and under 

the powers and authorities set forth in this section and the provisions of the laws of the State of incorporation. The Association 

shall operate on a nonpartisan basis exclusively for charitable, educational, and civic purposes consistent with the authorities referred 

to in this subsection to support the athletic program of the Academy. 


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‘‘(2) Subject to the approval of the Secretary of the Air Force, the 

Association may— 

‘‘(A) operate and manage athletic and revenue generating facilities on Academy property; 

‘‘(B) use Government facilities, utilities, and services on the 

Academy, without charge, in support of its mission; 

‘‘(C) sell products to the general public on or off Government 

property; 

‘‘(D) charge market-based fees for admission to Association 

events and other athletic or athletic-related events at the 

Academy and for use of Academy athletic facilities and property; and 

‘‘(E) engage in other activities, consistent with the Academy 

athletic mission as determined by the Board of Directors. 

‘‘(c) BOARD OF DIRECTORS.—(1) The Association shall be governed 

by a Board of Directors made up of at least nine members. The 

members, other than the member referred to in paragraph (2), 

shall serve without compensation, except for reasonable travel and 

other related expenses for attendance at required meetings. 

‘‘(2) The Director of Athletics at the Academy shall be a standing 

member of the Board as part of the Director’s duties as the Director of Athletics. 

‘‘(3) Subject to the prior approval of all nominees for appointment 

by the Secretary of the Air Force, the Superintendent shall appoint 

the remaining members of the Board. 

‘‘(4) The Secretary of the Air Force shall select one of the members of the Board appointed under paragraph (3) to serve as chairperson of the Board. 

‘‘(d) BYLAWS.—Not later than July 1, 2010, the Association shall 

propose its by-laws. The Association shall submit the by-laws, and 

all future changes to the by-laws, to the Secretary of the Air Force 

for review and approval. The by-laws shall be made available to 

Congress for review. 

‘‘(e) TRANSITION FROM NONAPPROPRIATED FUND OPERATION.—(1) 

Until September 30, 2011, the Secretary of the Air Force may provide for parallel operations of the Association and the Air Force 

nonappropriated fund instrumentality whose functions include providing support for the athletic program of the Academy. Not later 

than that date, the Secretary shall dissolve the nonappropriated 

fund instrumentality and transfer its assets and liabilities to the 

Association. 

‘‘(2) The Secretary may transfer title and ownership to all the assets and liabilities of the nonappropriated fund instrumentality referred to in paragraph (1), including bank accounts and financial 

reserves in its accounts, equipment, supplies, and other personal 

property without cost or obligation to the Association. 

‘‘(f) CONTRACTING AUTHORITIES.—(1) The Superintendent may 

procure, at fair and reasonable prices, such athletic goods, services, 

human resources, and other support from the Association as the 

Superintendent considers appropriate to support the athletic program of the Academy. The Association shall be exempt from the requirements of section 2533a of this title and the Buy American Act 

(41 U.S.C. 10a et seq.). 

‘‘(2) The Superintendent may accept from the Association funds, 

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ing participation in, or in support of, Academy or Association contests, events, and programs. 

‘‘(g) USE OF AIR FORCE PERSONNEL.—Air Force personnel may 

participate in— 

‘‘(1) the management, operation, and oversight of the Association; 

‘‘(2) events and athletic contests sponsored by the Association; and 

‘‘(3) management and sport committees for the National Collegiate Athletic Association and other athletic conferences and 

associations. 

‘‘(h) FUNDING AUTHORITY.—The authorization of appropriations 

for the operation and maintenance of the Academy includes Association operations in support of the Academy athletic program, as 

approved by the Secretary of the Air Force.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9359 the following new item: 

‘‘9359a. Air Force Academy Athletic Association: authorization, purpose, and governance.’’. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FRANKS OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, line 18, strike section 224 and insert the following new 

section 224: 

SEC. 224. POLICY ON BALLISTIC MISSILE DEFENSE SYSTEM TO PROTECT THE UNITED STATES HOMELAND, ALLIES, AND FORWARD DEPLOYED FORCES. 

(a) FINDINGS.—Congress makes the following findings: 

(1) North Korea’s nuclear program and its long, medium, and 

short-range ballistic missiles represent a near-term and increasing threat to the United States, our forward-deployed 

troops and allies. 

(2) North Korea, in violation of United Nations Security 

Council Resolutions 1695 and 1718, launched a Taepodong-2 

rocket on April 5, 2009, demonstrated a multi-stage, long-range 

ballistic missile. This flight demonstrated a more complete performance than Pyongyang’s July 2006 Taepodong-2 launch. 

(3) According to reports, the Taepodong-2 long-range ballistic 

missile could currently threaten the west coast of the United 

States and, according to estimates by the United States intelligence community, when fully developed could threaten the 

entire continental United States. 

(4) North Korea has deployed the Musudan intermediate 

range ballistic missile which can threaten Okinawa and Guam, 

200 Nodong missiles which can reach Japan, and 600 Scud 

missiles which threaten South Korea. 

(5) North Korea is a missile proliferator and has shared ballistic missile technology with other weapons proliferating nations such as Iran. It also aided Syria with its nuclear program. 

(6) North Korea walked away from the Six-Party talks and 

ordered United States and International Atomic Energy Agency inspectors out of the country in April 2009. 


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(7) On April 29, 2009, Pyongyang threatened to conduct a 

nuclear test and launch an intercontinental ballistic missile 

unless the United Nations Security Council apologize and withdraw all resolutions. 

(8) Following through on its provocative threat, North Korea 

conducted a nuclear test on May 25, 2009 in violation of 

United Nations Security Council Resolution 1718. 

(9) North Korea test-fired six shorter-range missiles off the 

country’s east coast following its nuclear test on May 25, 2009. 

(10) On May 25, 2009, President Obama stated, ‘‘North Korea’s nuclear ballistic missile programs pose a great threat to 

the peace and security of the world and I strongly condemn 

their reckless action. . . The record is clear: North Korea has 

previously committed to abandoning its nuclear program. Instead of following through on that commitment it has chosen 

to ignore that commitment. These actions have also flown in 

the face of United Nations resolutions.’’ 

(11) North Korea’s nuclear test and missile launches demonstrate present international diplomatic efforts are not sufficient to deter North Korea from developing, deploying, and 

launching missiles or developing nuclear technology. There has 

been no progress toward engagement or complete and 

verifiable denuclearization of the Korean Peninsula. 

(12) The pace and scope of North Korea’s actions demonstrate that it is intent on achieving a viable nuclear weapons 

capability, long-range intercontinental ballistic missile delivery 

capability, and recognition as a nuclear weapons state. 

(13) In response to the unanimous passage of United Nations 

Security Council Resolution 1874 on June 12, 2009, North 

Korea responded that it would not abandon its nuclear programs and vowed to start enriching uranium and weaponize all 

its plutonium. 

(14) Media reports indicate North Korea is warning of a nuclear war. In addition, it may be preparing for launch an intercontinental ballistic missile with the range to reach the United 

States. Further reports, citing U.S. defense officials, indicate 

U.S. satellite photos show long-range ballistic missile activity 

at two launch sites in North Korea. 

(15) On February 3, 2009, the Government of Iran successfully launched its first satellite into orbit—an act in direct violation of United Nations Security Council Resolution 1737. 

(16) General Maples, Director of the Defense Intelligence 

Agency, recently said, ‘‘Iran’s February 3, 2009, launch of the 

Safir space launch vehicle shows progress in mastering technology needed to produce ICBMs.’’ 

(17) On April 5, 2009, President Barack Obama said, ‘‘So let 

me be clear: Iran’s nuclear and ballistic missile activity poses 

a real threat, not just to the United States, but to Iran’s neighbors and our allies.’’ 

(18) On May 19, 2009, the Government of Iran test-fired a 

new two-stage, medium-range, solid fuel, surface-to-surface 

missile, which can reach Europe, Israel, and United States 

forces deployed in the Persian Gulf Region. 

(19) According to the April 2009 Defense Intelligence Agency 

report, ‘‘Foreign Ballistic Missile Capabilities’’, ‘‘øt¿he threat 


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posed by ballistic missile delivery systems is likely to continue 

increasing while growing more complex over the next decade. 

Current trends indicate that adversary ballistic missile system, 

with advanced liquid- or solid-propellant propulsion systems, 

are becoming more flexible, mobile, survivable, reliable and accurate while also presenting longer ranges.’’ 

(20) According to the April 2009 Defense Intelligence Agency 

report, ‘‘Foreign Ballistic Missile Capabilities’’, ‘‘Prelaunch survivability is also likely to increase as potential adversaries 

strengthen their denial and deception measures and increasingly base their missiles on mobile sea- and land-based platforms. Adversary nations are increasingly adopting technical 

and operational countermeasures to defeat missiles defenses. 

For example, China, Iran and North Korea exercise near simultaneous salvo firings from multiple locations to defeat 

these defenses.’’ 

(21) General Kevin Chilton, Commander of the United States 

Strategic Command testified on March 19, 2009, ‘‘I think the 

approach for missile defense has been a layered defense, as 

you’ve described, that looks at opportunities to engage in the 

boost phase, in the mid-course, and then terminal.’’ 

(22) General B.B. Bell, Commander, U.S. Forces-Korea testified in July 2007, ‘‘Here in Korea, we have but minutes to detect, acquire, engage and destroy inbound theater ballistic missiles in the SCUD and No-Dong class. We estimate that north 

Korea has around eight hundred of these missiles in their 

operational territory. Today, they are capable of carrying conventional and chemical munitions. Intercepting these missiles 

during their boost phase while over north Korean territory 

would be a huge combat multiplier for me. Therefore, I enthusiastically support the pursuit of the unique combat capability 

provided by the ABL in attacking missiles in their boost 

phase.’’ 

(b) POLICY.—It shall be the policy of the United States to continue development and fielding of a comprehensive, layered missile 

defense system to protect the homeland of the United States, our 

forward-deployed forces, and allies against the near-term and increasing short, medium, and long-range ballistic missile threats 

posed by rogue nations such as North Korea. These missile defenses shall consist of national and theater missile defenses, but 

neither should come at the expense of the other. It shall also be 

the policy of the United States to continue developing systems designed to intercept missiles in the boost phase of flight in order to 

defend against developing sophisticated threats. 

(c) ELEMENTS IN DISCHARGE OF THE POLICY.—The discharge of 

the policy stated in subsection (b) shall include the following: 

(1) Continued testing, fielding, sustainment, and modernization of the ground-based midcourse defense system, specifically— 

(A) not less than 44 ground-based interceptors at Fort 

Greely, Alaska and Vandenberg Air Force Base, California; 

(B) completion of missile field number two at Fort 

Greely, Alaska; 

(C) aging and surveillance; 

(D) capability enhancement; 


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23 

(E) modernization and obsolescence; 

(F) operationally realistic testing; and 

(G) viable production capability. 

(2) Continued development and testing of the Airborne Laser 

Program 

(3) Continued technology maturation and demonstration of 

the technologies associated with the Kinetic Energy Interceptor 

(4) Continue technology maturation and demonstration of 

the technologies associated with the Multiple Kill Vehicle 

(5) Continued support for on-orbit experimentation of the 

Space Tracking and Surveillance System demonstration satellites, and concept development and technology maturation for 

a follow-on capability. 

At the end of subtitle C of title II (page 67, after line 5), insert 

the following new section: 

SEC. 227. AVAILABILITY OF FUNDS FOR MISSILE DEFENSE. 

(a) FUNDING.—The amount otherwise provided by section 201(4) 

for research, development, test, and evaluation, Defense-wide, is 

hereby increased by $1,200,000,000, for the Missile Defense Agency, of which— (1) $600,000,000 is to be available for the ground-based midcourse defense system; (2) $237,000,000 is to be available to the Airborne Laser Program; (3) $177,100,000 is to be available to the Multiple Kill Vehicle; (4) $165,900,000 is to be available for the Kinetic Energy Interceptor; and (5) $20,000,000 is to be available for the Space Tracking and 

Surveillance System. 

(b) OFFSETTING REDUCTION.—The amount otherwise provided by 

section 3102 for defense environmental cleanup is hereby reduced 

by $1,200,000,000, to be derived from sites that are projected to 

meet regulatory milestones ahead of schedule or are at greatest 

risk of being unable to execute Public Law 111–5 and fiscal year 

2010 funding as planned in fiscal year 2010. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KRATOVIL

OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XII of the bill, add the following 

new section: 

SEC. 1230. MODIFICATION OF REPORT ON PROGRESS TOWARD SECURITY AND STABILITY IN AFGHANISTAN. 

(a) MATTERS TO BE INCLUDED: STRATEGIC DIRECTION OF UNITED

STATES ACTIVITIES RELATING TO SECURITY AND STABILITY IN AFGHANISTAN.—Subsection (c) of section 1230 of the National Defense 

Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 385) is amended— 

(1) in paragraph (1)— 

(A) by redesignating subparagraph (B) as subparagraph 

(C); and 

(B) by inserting after subparagraph (A) the following 

new subparagraph: 


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24 

‘‘(B) The specific substance of any existing formal or informal agreement with NATO ISAF countries regarding 

the following: 

‘‘(i) Mutually agreed upon goals. 

‘‘(ii) Strategies to achieve such goals, including strategies identified in ‘The Comprehensive Political Military Strategic Plan’ agreed to by the Heads of State 

and Government from Allied and other troop-contributing nations. 

‘‘(iii) Resource and force requirements, including the 

requirements as determined by NATO military authorities in the agreed ‘Combined Joint Statement of 

Requirements’ (CJSOR). 

‘‘(iv) Commitments and pledges of support regarding 

troops and resource levels.’’; 

(2) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; and 

(3) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) NON-NATO ISAF TROOP-CONTRIBUTING COUNTRIES.—A description of the specific substance of any existing formal or informal agreement with non-NATO ISAF troop-contributing 

countries regarding the following: 

‘‘(A) Mutually agreed upon goals. 

‘‘(B) Strategies to achieve such goals. 

‘‘(C) Resource and force requirements. 

‘‘(D) Commitments and pledges of support regarding 

troops and resource levels.’’. 

(b) MATTERS TO BE INCLUDED: PERFORMANCE INDICATORS AND

MEASURES OF PROGRESS TOWARD SUSTAINABLE LONG-TERM SECURITY AND STABILITY IN AFGHANISTAN.—Subsection (d)(2) of such 

section is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘individual NATO ISAF countries’’ and 

inserting ‘‘each individual NATO ISAF country’’; and 

(B) by inserting ‘‘estimated in the most recent NATO 

ISAF Troops Placemat’’ after ‘‘, including levels of troops 

and equipment’’; 

(2) by redesignating subparagraphs (C) through (K) as subparagraphs (D) through (L), respectively; 

(3) by inserting after subparagraph (B) the following new 

subparagraph: 

‘‘(C) With respect to non-NATO ISAF troop-contributing 

countries, a listing of contributions from each individual 

country, including levels of troops and equipment, the effect of contributions on operations, and unfulfilled commitments.’’; and 

(4) in subparagraph (I) (as redesignated)— 

(A) by redesignating clause (ii) as clause (iii); and 

(B) by inserting after clause (i) the following: 

‘‘(ii) The location, funding, staffing requirements, 

current staffing levels, and activities of each Provincial Reconstruction Team led by a nation other than 

the United States.’’. 


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25 

(c) CONFORMING AMENDMENT.—Subsection (d)(2) of such section, 

as amended, is further amended in subparagraph (J) (as redesignated) by striking ‘‘subsection (c)(4)’’ and inserting ‘‘subsection 

(c)(5)’’. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KRATOVIL

OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle D of title XXVIII (page 597, after line 7), 

add the following new section: 

SEC. 2846. DEPARTMENT OF DEFENSE PARTICIPATION IN PROGRAMS 

FOR MANAGEMENT OF ENERGY DEMAND OR REDUCTION 

OF ENERGY USAGE DURING PEAK PERIODS. 

(a) IN GENERAL.—Subchapter I of chapter 173 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 2919. Participation in programs for management of energy demand or reduction of energy usage during 

peak periods 

‘‘(a) PARTICIPATION IN DEMAND RESPONSE OR LOAD MANAGEMENT

PROGRAMS.—The Secretary of Defense shall permit and encourage 

the Secretaries of the military departments, heads of Defense agencies, and the heads of other instrumentalities of the Department of 

Defense to participate in demand response programs for the management of energy demand or the reduction of energy usage during 

peak periods conducted by— 

‘‘(1) an electric utility; 

‘‘(2) independent system operator; 

‘‘(3) State agency; or 

‘‘(4) third-party entity (such as a demand response 

aggregator or curtailment service provider) implementing demand response programs on behalf of an electric utility, independent system operator, or State agency. 

‘‘(b) TREATMENT OF CERTAIN FINANCIAL INCENTIVES.—Financial 

incentives received from an entity specified in subsection (a) shall 

be received in cash and deposited into the Treasury as a miscellaneous receipt. Amounts received shall be available for obligation 

only to the extent provided in advance in an appropriations act. 

The Secretary concerned or head of the Defense Agency or other instrumentality shall pay for the cost of the design and implementation of these services in full in the year in which they are received 

from amounts provided in advance in an appropriations Act. 

‘‘(c) USE OF CERTAIN FINANCIAL INCENTIVES.—Of the amounts 

provided in advance in an appropriations Act derived from subsection (b) above, 100 percent shall be available to the military installation where the proceeds were derived, and at least 25 percent 

of that appropriated amount shall be designated for use in energy 

management initiatives by the military installation where the proceeds were derived.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 


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‘‘2919. Participation in programs for management of energy demand or reduction of 

energy usage during peak periods.’’. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TURNER

OF OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title XII of the bill, add the following 

new section: 

SEC. 12xx. LIMITATION ON FUNDS TO IMPLEMENT REDUCTIONS IN 

THE STRATEGIC NUCLEAR FORCES OF THE UNITED 

STATES PURSUANT TO ANY TREATY OR OTHER AGREEMENT WITH THE RUSSIAN FEDERATION. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In the Joint Statement by President Dmitriy Medvedev 

of the Russian Federation and President Barack Obama of the 

United States of America after their meeting in London, England on April 1, 2009, the two Presidents agreed ‘‘to pursue 

new and verifiable reductions in our strategic offensive arsenals in a step-by-step process, beginning by replacing the Strategic Arms Reduction Treaty with a new, legally-binding treaty.’’. 

(2) At that meeting, the two Presidents instructed their negotiators to reach an agreement that ‘‘will mutually enhance 

the security of the Parties and predictability and stability in 

strategic offensive forces, and will include effective verification 

measures drawn from the experience of the Parties in implementing the START Treaty.’’. 

(3) Subsequently, on April 5, 2009, in a speech in Prague, 

the Czech Republic, President Obama proclaimed: ‘‘Iran’s nuclear and ballistic missile activity poses a real threat, not just 

to the United States, but to Iran’s neighbors and our allies. 

The Czech Republic and Poland have been courageous in 

agreeing to host a defense against these missiles. As long as 

the threat from Iran persists, we will go forward with a missile 

defense system that is cost-effective and proven.’’. 

(4) President Obama also said: ‘‘As long as these [nuclear] 

weapons exist, the United States will maintain a safe, secure 

and effective arsenal to deter any adversary, and guarantee 

that defense to our allies—including the Czech Republic. But 

we will begin the work of reducing our arsenal.’’. 

(b) LIMITATION.—Funds authorized to be appropriated by this Act 

or otherwise made available to the Department of Defense for fiscal 

year 2010 may be obligated or expended to implement reductions 

in the strategic nuclear forces of the United States pursuant to any 

treaty or other agreement entered into between the United States 

and the Russian Federation on strategic nuclear forces after the 

date of enactment of this Act only if the President certifies to Congress that— 

(1) the treaty or other agreement provides for sufficient 

mechanisms to verify compliance with the treaty or agreement; 

(2) the treaty or other agreement does not place limitations 

on the ballistic missile defense systems, space capabilities, or 

advanced conventional weapons of the United States; and 


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27 

(3) the fiscal year 2011 budget request for programs of the 

Department of Energy’s National Nuclear Security Administration will be sufficiently funded to— 

(A) maintain the reliability, safety, and security of the 

remaining strategic nuclear forces of the United States; 

and 

(B) modernize and refurbish the nuclear weapons complex. 

(c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the President shall transmit to the congressional 

committees specified in subsection (d) a report on the stockpiles of 

strategic and non-strategic weapons of the United States and the 

Russian Federation. 

(d) SPECIFIED CONGRESSIONAL COMMITTEES.—The congressional 

committees specified in this subsection are the following: 

(1) The Committee on Armed Services and the Committee on 

Foreign Affairs of the House of Representatives. 

(2) The Committee on Armed Services and the Committee on 

Foreign Relations of the Senate. 

(e) DEFINITION.—For the purposes of this section, the term ‘‘advanced conventional weapons’’ means any advanced weapons system that has been specifically designed not to carry a nuclear payload. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BRIGHT

OF ALABAMA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 8xx. FOLLOW-ON CONTRACTS FOR CERTAIN ITEMS ACQUIRED 

FOR SPECIAL OPERATIONS FORCES. 

(a) AUTHORITY FOR AWARD OF FOLLOW-ON CONTRACTS.—The commander of the special operations command, acting under authority 

provided by section 167(e)(4) of title 10, United States Code, may 

award a follow-on contract for the acquisition of an item to a contractor who previously provided such item if— 

(1) the item is an item of special operations-peculiar equipment and not anticipated to be made service common within 

24 months of the initial contract; 

(2) the item was previously acquired in the make, model, and 

type— 

(A) using competitive procedures; 

(B) under the authority of other statutory authority permitting noncompetitive or limited competition procurement 

actions (such as section 8(a) of the Small Business Act (15 

U.S.C. 637(a)), section 31 of such Act (15 U.S.C. 657a, relating to the HUBZone program), and section 36 of such 

Act (15 U.S.C. 657f, relating to procurement program for 

small business concerns owned and controlled by servicedisabled veterans)); or 

(C) as a result of a competition among a limited number 

of sources on the basis that the disclosure of the need for 

the item would compromise national security; and 

(3) the acquisition of the item by means other than a followon contract with the contractor would unduly delay the fielding 


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of such item to forces preparing for or participating in overseas 

contingency operations or for other deployments undertaken in 

response to a request from a combatant commander. 

(b) LIMITATIONS.—A contract awarded using the authority in subsection (a)— 

(1) may have a period of performance of not longer than one 

year; 

(2) may be used only to acquire one or more items having an individual unit price under $100,000; and (3) may have a total value not exceeding $25,000,000. 

(c) NOTIFICATION.—Not later than 45 days after the use of the 

authority in subsection (a), the commander of the special operations command shall submit to the congressional defense committees a notification of the use of such authority. 

(d) TERMINATION OF AUTHORITY.—The commander of the special 

operations command may not use the authority in subsection (a) on 

and after October 1, 2013. 

14. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ADLER OF

NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title XII (page 473, after line 10), add 

the following new section: 

SEC. 1239. REPORT ON POTENTIAL FOREIGN MILITARY SALES OF THE 

LITTORAL COMBAT SHIP VESSEL. 

(a) REPORT REQUIRED.—Not later than 180 days after the date 

of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional 

defense committees and the Committee on Foreign Affairs of the 

House of Representatives and the Committee on Foreign Relations 

of the Senate a report on potential foreign military sales of the Littoral Combat Ship vessel. 

(b) MATTERS TO BE INCLUDED.— The report required under subsection (a) shall detail— 

(1) the cost of developing an exportable version of the Littoral Combat Ship vessel to both the Federal Government and 

the shipbuilding industry; 

(2) whether an exportable version of the Littoral Combat 

Ship vessel is technically feasible and executable, and the 

timeline for achieving such an exportable version of the vessel; 

(3) the potential strategic implication for allowing the sale of 

the Littoral Combat Ship vessel to a foreign country; 

(4) the impact of foreign military sales of the Littoral Combat Ship vessel on the domestic shipbuilding industry and the 

benefit or drawback such sales might have on sustaining such 

industry; and 

(5) any changes to existing law needed to allow foreign military sales of the Littoral Combat Ship vessel. 

15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE AKIN OF

MISSOURI, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X (page 374, after line 6) add the following 

new section: 


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29 

SEC. 1055. TRANSPARENCY REPORT FOR THE DEPARTMENT OF DEFENSE. 

(a) IN GENERAL.—Not later than 14 days after the date on which 

an employee of the Department of Defense is required to sign a 

non-disclosure agreement in the carrying out of the official duties 

of such employee (other than as such non-disclosure agreement relates to the granting of a security clearance), the Secretary of Defense shall submit to the congressional defense committees a report 

on such non-disclosure agreement, including— 

(1) the topics that are prohibited from being discussed under 

such non-disclosure agreement; 

(2) the number of employees required to sign such non-disclosure agreement; 

(3) the duration of such non-disclosure agreement and the 

date on which such non-disclosure agreement terminates; 

(4) ) the types of persons to which the signatories to such 

non-disclosure agreement are prohibited from disclosing the information covered by such non-disclosure agreement, including 

whether Members or staff of Congress are included in such 

types to which disclosure is prohibited; 

(5) the reasons employees are required to sign such non-disclosure agreement; and 

(6) the criteria used to determine which matters were included as information not to be disclosed under such non-disclosure agreement. 

(b) APPLICABILITY.— 

(1) IN GENERAL.—Subject to paragraph (2), subsection (a) 

shall apply with respect to any non-disclosure agreement entered into by an employee of the Department of Defense on or 

after January 1, 2009. 

(2) INITIAL REPORT.—The report required under subsection 

(a) (as applied in accordance with paragraph (1)) with respect 

to non-disclosure agreements entered into on or after January 

1, 2009, and before the date of the enactment of this Act, shall 

be submitted not later than 120 days after the date of the enactment of this Act. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SANFORD

BISHOP OF GEORGIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 2821. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE TO 

LOCAL COMMUNITIES FOR DEVELOPMENT OF PUBLIC INFRASTRUCTURE DIRECTLY SUPPORTING EXPANSION OF 

MILITARY INSTALLATIONS. 

Paragraph (3) of section 2391(d) of title 10, United States Code, 

is amended to read as follows: 

‘‘(3) The terms ‘community adjustment’ and ‘economic diversification’ may include— 

‘‘(A) the development of feasibility studies and business 

plans for market diversification within a community adversely affected by an action described in subparagraph 

(A), (B), (C), or (E) of subsection (b)(1) by adversely afVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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fected businesses and labor organizations located in the 

community; and 

‘‘(B) the development of public infrastructure that directly supports the expansion activities described in subparagraph (A) of subsection (b)(1).’’. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BLUMENAUER OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle B of title III (page 94, after line 2), insert 

the following new section: 

SEC. 316. PROCUREMENT AND USE OF MUNITIONS. 

The Secretary of Defense shall— 

(1) in making decisions with respect to the procurement of 

munitions, develop methods to account for the full life-cycle 

costs of munitions, including the effects of failure rates on the 

cost of disposal; 

(2) undertake a review of live-fire practices for the purpose 

of reducing unexploded ordnance and munitions-constituent 

contamination without impeding military readiness; and 

(3) not later than 180 days after the date of the enactment 

of this Act, and annually thereafter, submit to Congress a report on the methods developed pursuant to this section and the 

progress of the live-fire review and recommendations for reducing the life-cycle costs of munitions, unexploded ordnance, and 

munitions-constituent contamination. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle G of title V (page 158, after line 9), add 

the following new section: 

SEC. 575. 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. 


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19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle F of title V (page 155, after line 4), add 

the following new section: 

SEC. 563. REPORT ON EXPANSION OF AUTHORITY OF A MEMBER TO 

DESIGNATE PERSONS TO DIRECT DISPOSITION OF THE 

REMAINS OF A DECEASED MEMBER. 

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of Defense shall submit to Congress a report 

evaluating the potential effects of expanding the list of persons 

under section 1482(c) of title 10, United States Code, who may be 

designated by a member of the Armed Forces as the person authorized to direct disposition of the remains of the member if the member is deceased. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

CONNOLLY OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

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

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

Section 526 of the Energy Independence and Security Act of 2007 

(Public Law 110–140; 42 U.S.C. 17142) is amended— 

(1) by striking ‘‘No Federal agency’’ and inserting ‘‘(a) REQUIREMENT.—Except as provided in subsection (b), no Federal 

agency’’; and 

(2) by adding at the end the following: 

‘‘(b) EXCEPTION.—Subsection (a) does not prohibit a Federal agency from entering into a contract to purchase a generally available 

fuel that is not an alternative or synthetic fuel or predominantly 

produced from a nonconventional petroleum source, if— 

‘‘(1) the contract does not specifically require the contractor 

to provide an alternative or synthetic fuel or fuel from a nonconventional petroleum source; 

‘‘(2) the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a nonconventional petroleum source; and 

‘‘(3) the contract does not provide incentives for a refinery 

upgrade or expansion to allow a refinery to use or increase its 

use of fuel from a nonconventional petroleum source.’’. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

CONNOLLY OF VIRGINIA, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 163, line 11, strike ‘‘service,’’ and insert the following: ‘‘service (including a contract to which the servicemember is included 

with family members),’’. 

At the end of subtitle I of title V (page 180, after line 11), add 

the following new section: 


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SEC. 594. MODIFICATION OF SERVICEMEMBERS CIVIL RELIEF ACT REGARDING RESIDENTIAL AND MOTOR VEHICLE LEASES. 

Section 305(e) of the Servicemembers Civil Relief Act (50 U.S.C. 

App. 535) is amended to read as follows: 

‘‘(e) ARREARAGES AND OTHER OBLIGATIONS AND LIABILITIES.— 

‘‘(1) LEASES OF PREMISES.—Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid 

on a prorated basis. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations 

and liabilities of the lessee in accordance with the terms of the 

lease, including reasonable charges to the lessee for excess 

wear, that are due and unpaid at the time of termination of 

the lease shall be paid by the lessee. 

‘‘(2) LEASES OF MOTOR VEHICLES.—Lease amounts for a lease 

described in subsection (b)(2) that are unpaid for the period 

preceding the effective date of the lease termination shall be 

paid on a prorated basis. The lessor may not impose an early 

termination charge, but any taxes, summonses, title and registration fees, or other obligations and liabilities of the lessee 

in accordance with the terms of the lease, including reasonable 

charges to the lessee for excess wear or use and mileage, that 

are due and unpaid at the time of termination of the lease 

shall be paid by the lessee.’’. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COSTA OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 115, after line 25, insert the following: 

SEC. 356. STUDY ON DISTRIBUTION OF HEMOSTATIC AGENTS. 

(a) STUDY.—Not later than December 31, 2009, the Secretary of 

Defense shall carry out a study and submit to the congressional defense committees a report on the distribution of hemostatic agents 

to members of the Armed Forces serving in Iraq and Afghanistan, 

to ensure each military service is complying with that service’s 

policies with respect to hemostatic agents, including a description 

of any distribution problems and attempts to resolve such problems. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that all 

members of the Armed Force deployed in combat zones should 

carry life-saving resources with them, including hemostatic agents. 

23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

CUMMINGS OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title V (page 180, after line 11), add the following 

new section: 

SEC. 594. EXPANSION OF MILITARY LEADERSHIP DIVERSITY COMMISSION TO INCLUDE RESERVE COMPONENT REPRESENTATIVES. 

Section 596(b)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 


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4476) is amended by striking subparagraphs (C), (D), (E) and inserting the following new subparagraphs: 

‘‘(C) A commissioned officer from each of the Army, 

Navy, Air Force, Marine Corps, National Guard, and Reserves who serves or has served in a leadership position 

with either a military department command or combatant 

command. 

‘‘(D) A retired general or flag officer from each of the 

Army, Navy, Air Force, Marine Corps, National Guard, 

and Reserves. 

‘‘(E) A retired noncommissioned officer from each of the 

Army, Navy, Air Force, Marine Corps, National Guard, 

and Reserves.’’. 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

CUMMINGS OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

After section 3505 insert the following new section (and redesignate accordingly): 

SEC. 3506. DEFENSE OF VESSELS AND CARGOS AGAINST PIRACY. 

(a) FINDINGS.—Congress finds the following: 

(1) Protecting cargoes owned by the United States Government and transported on United States-flag vessels through an 

area designated by the Coast Guard or the International Maritime Bureau of the International Chamber of Commerce as an 

area of high risk of piracy is in our national interest. 

(2) Protecting United States-citizen mariners employed on 

United States-flag vessels transiting an area designated by the 

Coast Guard or the International Maritime Bureau of the 

international Chamber of Commerce as an area of high risk of 

piracy is in our national interest. 

(3) Weapons and supplies that may be used to support military operations should not fall into the hands of pirates. 

(b) EMBARKATION OF MILITARY PERSONNEL.—The Secretary of 

Defense shall embark military personnel on board a United Statesflag vessel carrying Government-impelled cargoes if the vessel is— 

(1) operating in an area designated by the Coast Guard or 

the International Maritime Bureau of the International Chamber of Commerce as an area of high risk of piracy; and 

(2) determined by the Coast Guard to be at risk of being 

boarded by pirates. 

(c) LIMITATION ON APPLICATION.—This section shall not apply 

with respect to an area referred to in subsection (b)(1) on the earlier of— 

(1) September 30, 2011; or 

(2) the date on which the Secretary of Defense notifies the 

Congress that the Secretary believes that there is not a credible threat to United States-flag vessels carrying Governmentimpelled cargoes operating in such area. 


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34 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GEOFF

DAVIS OF KENTUCKY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 352, after line 12, add the following: 

SEC. 1039. STUDY ON NATIONAL SECURITY PROFESSIONAL CAREER 

DEVELOPMENT AND SUPPORT. 

(a) STUDY REQUIRED.—Not later than 30 days after the date of 

the enactment of this Act, the President shall designate an Executive agency to commission a study by an appropriate independent, 

non-profit organization. The organization selected shall study the 

design and implementation of an interagency system for the career 

development and support of national security professionals. The organization selected shall be qualified on the basis of having performed related work in the fields of national security and human 

capital development, and on the basis of such other criteria as the 

head of the Executive agency may determine. 

(b) MATTERS CONSIDERED.—The study required by subsection (a) 

shall, at a minimum, include the following: 

(1) The qualifications required to certify an employee as a 

national security professional. 

(2) Methods for identifying and designating positions within 

the Federal Government which require the knowledge, skills 

and aptitudes of a national security professional. 

(3) The essential elements required for an accredited interagency national security professional education system. 

(4) A system for training national security professionals to 

ensure they develop and maintain the qualifications identified 

under paragraph (1). 

(5) An institutional structure for managing a national security professional career development system. 

(6) Potential mechanisms for funding a national security professional career development program. 

(c) REPORT.—A report containing the findings and recommendations resulting from the study required by subsection (a), together 

with any views or recommendations of the President, shall be submitted to Congress by December 1, 2010. 

(d) DEFINITIONS.—For purposes of this section— 

(1) the term ‘‘Executive agency’’ has the meaning given such 

term by section 105 of title 5, United States Code; 

(2) the term ‘‘employee’’ has the meaning given such term by 

section 2105 of title 5, United States Code; and 

(3) the term ‘‘national security professional’’ means, with respect to an employee of an Executive agency, an employee of 

such agency in a position relating to the planning of, coordination of, or participation in, interagency national security operations. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DEFAZIO

OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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


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35 

SEC. 830. DEFENSE SUBCONTRACTOR PROLIFERATION COST EFFECTIVENESS STUDY AND REPORTS. 

(a) STUDY.—The Secretary of Defense shall conduct a study on 

the total number of subcontractors used on the last five major 

weapons systems in which acquisition has been completed and determine if fewer subcontractors could have been more cost effective. 

(b) MANAGEMENT BURDEN.—In conducting the study, the Secretary of Defense shall evaluate any potential cost savings derived 

from less management burden from multiple subcontractors on the 

Federal acquisition workforce. 

(c) REPORT BY SECRETARY OF DEFENSE.—Not later than March 1, 

2010, the Secretary of Defense shall submit to the Committee on 

Armed Services of the House of Representatives and the Committee 

on Armed Services of the Senate a report on the results of the 

study. 

(d) REPORT BY COMPTROLLER GENERAL.—Not later than May 1, 

2010, the Comptroller General shall submit to the Committee on 

Armed Services of the House of Representatives and the Committee 

on Armed Services of the Senate a review of the Department of Defense report submitted under subsection (c). 

27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DELAURO

OF CONNECTICUT, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title VII (page 244, after line 8), add 

the following new section: 

SEC. 708. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION PROJECT. 

(a) DEMONSTRATION PROJECT REQUIRED.—The Secretary of Defense shall conduct a demonstration project to assess the feasibility 

and efficacy of providing a member of the Armed Forces with a 

post-deployment mental health screening that is conducted in person by a mental health provider. 

(b) ELEMENTS.—The demonstration project shall include, at a 

minimum, the following elements: 

(1) A combat stress evaluation conducted in person by a 

qualified mental health professional not later than 120 to 180 

days after the date on which the member returns from combat 

theater. 

(2) Follow-ups by a case manager (who may or may not be 

stationed at the same military installation as the member) conducted by telephone at the following intervals after the initial 

post-deployment screening: 

(A) Six months. 

(B) 12 months. 

(C) 18 months. 

(D) 24 months. 

(c) REQUIREMENTS OF COMBAT STRESS EVALUATION.—The combat 

stress evaluation required by subsection (b)(1) shall be designed 

to— 

(1) provide members of the Armed Forces with an objective 

mental health and traumatic brain injury standard to screen 

for suicide risk factors; 

(2) ease post-deployment transition by allowing members to 

be honest in their assessments; 


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36 

(3) battle the stigma of depression and mental health problems among members and veterans; and 

(4) ultimately reduce the prevalence of suicide among veterans of Operation Iraqi Freedom and Operation Enduring 

Freedom. 

(d) CONSULTATION.—The Secretary of Defense shall develop the 

demonstration project in consultation with the Secretary of Veterans Affairs and the Secretary of Health and Human Services. 

The Secretary of Defense may also coordinate the program with 

any accredited college, university, hospital-based or communitybased mental health center the Secretary considers appropriate. 

(e) SELECTION OF MILITARY INSTALLATION.—The demonstration 

project shall be conducted at two military installations, one active 

duty and one reserve component demobilization station, selected by 

the Secretary of Defense. The installations selected shall have 

members of the Armed Forces on active duty and members of the 

reserve components that use the installation as a training and operating base, with members routinely deploying in support of operations in Iraq, Afghanistan, and other assignments related to the 

global war on terrorism. 

(f) PERSONNEL REQUIREMENTS.—The Secretary of Defense shall 

ensure an adequate number of the following personnel in the program: 

(1) Qualified mental health professionals that are licensed 

psychologists, psychiatrists, psychiatric nurses, licensed professional counselors, or clinical social workers. 

(2) Suicide prevention counselors. 

(g) TIMELINE.— 

(1) The demonstration project required by this section shall 

be implemented not later than September 30, 2010. 

(2) Authority for this demonstration project shall expire on 

September 30, 2012. 

(h) REPORTS.—The Secretary of Defense shall submit to the congressional defense committees— 

(1) a plan to implement the demonstration project, including 

site selection and criteria for choosing the site, not later than 

June 1, 2010; 

(2) an interim report every 180 days thereafter; and 

(3) a final report detailing the results not later than January 

1, 2013. 

28. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DRIEHAUS

OF OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle H of title V (page 175, after line 11), add 

the following new section: 

SEC. 586. REPORT ON IMPACT OF DOMESTIC VIOLENCE ON MILITARY 

FAMILIES. 

The Comptroller General shall submit to Congress a report containing— 

(1) an assessment of the impact of domestic violence in families of members of the Armed Forces on the children of such 

families; and 


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37 

(2) information on progress being made to ensure that children of families of members of the Armed Forces receive adequate care and services when such children are exposed to domestic violence. 

29. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 352, after line 12, insert the following new section (and conform the table of contents accordingly): 

SEC. 1039. REPORT ON COMPETITIVE PROCEDURES USED FOR EARMARKS IN DEPARTMENT OF DEFENSE APPROPRIATIONS 

ACT, 2008. 

(a) REPORT REQUIREMENT.—Not later than 60 days after the date 

of the enactment of this Act, the Secretary of Defense shall submit 

to Congress a report on the congressional earmarks described in 

subsection (b). 

(b) CONGRESSIONAL EARMARKS DESCRIBED.—The congressional 

earmarks described in this subsection are the congressional earmarks (House) and the congressionally directed spending items 

(Senate) on the list published in compliance with clause 9 of rule 

XXI of the Rules of the House of Representatives and rule XLIV 

of the Standing Rules of the Senate and contained on pages 372 to 

476 of the Joint Explanatory Statement submitted by the Committee of Conference for the conference report to accompany H.R. 

3222 of the 110th Congress (Report 110–434). 

(c) MATTERS COVERED BY REPORT.—The report required by subsection (a) shall set forth the following with respect to each congressional earmark on the list referred to in subsection (b): 

(1) The competitive procedures used to procure each earmark, including the process used, the tools employed, and the 

decisions reached. 

(2) If competitive procedures were not used to procure an 

earmark, the reasons why competitive procedures were not 

used, including a discussion of the decision making process and 

how the decision to use procedures other than competitive procedures was reached. 

30. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VIII (page 291, after line 2), add the following 

new secton: 

SEC. 830. COMPTROLLER GENERAL REPORT ON DEFENSE CONTRACT 

COST OVERRUNS. 

(a) REPORT REQUIRED.—Not later than 90 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report on cost overruns in the 

performance of defense contracts. 

(b) MATTERS COVERED.—The report under subsection (a) shall include, at a minimum, the following: 

(1) A list of each contractor with a cost overrun during any 

of fiscal years 2006, 2007, 2008, or 2009, including identification of the contractor and the covered contract involved, the 


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38 

cost estimate of the covered contract, and the cost overrun for 

the covered contract. 

(2) Findings and recommendations of the Comptroller General. 

(3) Such other matters as the Comptroller General considers 

appropriate. 

(c) COVERED CONTRACT.—In this section, the term ‘‘covered contract’’ means a contract that is awarded by the Department of Defense through the use of a solicitation for competitive proposals, in 

an amount greater than the simplified acquisition threshold, and 

that is a cost-reimbursement contract or a time-and-materials contract. 

31. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HARE OF

ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle F of title III (page 115, after line 25) insert 

the following new section: 

SEC. 356. EXTENSION OF ARSENAL SUPPORT PROGRAM INITIATIVE. 

Section 343 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (10 U.S.C. 4551 note) is amended— 

(1) in subsection (a), by striking ‘‘2010’’ and inserting ‘‘2011’’; 

and 

(2) in subsection (g)(1), by striking ‘‘2010’’ and inserting 

‘‘2011’’. 

32. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HODES OF

NEW HAMPSHIRE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title V (page 180, after line 11), add the following 

new section: 

SEC. 594. EXPANSION OF SUICIDE PREVENTION AND COMMUNITY 

HEALING AND RESPONSE TRAINING UNDER THE YELLOW 

RIBBON REINTEGRATION PROGRAM. 

Section 582 of the National Defense Authorization Act for Fiscal 

Year 2008 (Public Law 110-181; 122 Stat. 122) is amended— 

(1) in subsection (h)— 

(A) by striking paragraph (3); and 

(B) by redesignating paragraphs (4) through (15) as 

paragraphs (3) through (14), respectively; and 

(2) by adding at the end the following new subsection: 

‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEALING AND RESPONSE PROGRAM.— 

‘‘(1) ESTABLISHMENT.—As part of the Yellow Ribbon Reintegration Program, the Office for Reintegration Programs 

shall establish a program to provide National Guard and Reserve members, their families, and their communities with 

training in suicide prevention and community healing and response to suicide. 

‘‘(2) DESIGN.—In establishing the program under paragraph 

(1), the Office for Reintegration Programs shall consult with— 

‘‘(A) persons that have experience and expertise with 

combining military and civilian intervention strategies 

that reduce risk and promote healing after a suicide atVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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tempt or suicide death for National Guard and Reserve 

members; and 

‘‘(B) the adjutant general of each state, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and 

the Virgin Islands. 

‘‘(3) OPERATION.— 

‘‘(A) SUICIDE PREVENTION TRAINING.—The Office for Reintegration Programs shall provide National Guard and 

Reserve members with training in suicide prevention. Such 

training shall include— 

‘‘(i) describing the warning signs for suicide and 

teaching effective strategies for prevention and intervention; 

‘‘(ii) examining the influence of military culture on 

risk and protective factors for suicide; and 

‘‘(iii) engaging in interactive case scenarios and role 

plays to practice effective intervention strategies. 

‘‘(B) COMMUNITY HEALING AND RESPONSE TRAINING.—The 

Office for Reintegration Programs shall provide the families and communities of National Guard and Reserve members with training in responses to suicide that promote individual and community healing. Such training shall include— 

‘‘(i) enhancing collaboration among community members and local service providers to create an integrated, coordinated community response to suicide; 

‘‘(ii) communicating best practices for preventing 

suicide, including safe messaging, appropriate memorial services, and media guidelines; 

‘‘(iii) addressing the impact of suicide on the military 

and the larger community, and the increased risk that 

can result; and 

‘‘(iv) managing resources to assist key community 

and military service providers in helping the families, 

friends, and fellow soldiers of a suicide victim through 

the processes of grieving and healing. 

‘‘(C) COLLABORATION WITH CENTERS OF EXCELLENCE.— 

The Office for Reintegration Programs, in consultation 

with the Defense Centers of Excellence for Psychological 

Health and Traumatic Brain Injury, shall collect and analyze ‘lessons learned’ and suggestions from State National 

Guard and Reserve organizations with existing or developing suicide prevention and community response programs.’’. 

33. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLDEN

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle G of title V (page 158, after line 9), add 

the following new section: 

SEC. 575. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 

(a) ARMY.— 


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40 

(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: 

‘‘§ 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.’’. 


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41 

(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. 

34. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title X (page 374, after line 6), insert 

the following new section: 

SEC. 1055. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF PERSONS IN THE CUSTODY OF OR 

UNDER THE EFFECTIVE CONTROL OF THE DEPARTMENT 

OF DEFENSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) In January 2009, the Secretary of Defense tasked a special Department of Defense team to review the conditions of 

confinement at Naval Station, Guantanamo Bay, Cuba, to ensure all detainees there are being held ‘‘in conformity with all 

applicable laws governing the conditions of confinement, including Common Article 3 of the Geneva Conventions’’, pursuant to the President’s Executive Order on Review and Disposition of Individuals Detained at the Guanta ́namo Bay Naval 

Base and Closure of Detention Facilities, dated January 22, 

2009. 

(2) That review, led by Admiral Patrick M. Walsh, included 

as one of its five key recommendations the following statement: 

‘‘Fourth, we endorse the use of video recording in all camps 

and for all interrogations. The use of video recordings to confirm humane treatment could be an important enabler for detainee operations. Just as internal controls provide standardization, the use of video recordings provides the capability to 

monitor performance and maintain accountability.’’. 

(3) Congress concurs and finds that the implementation of 

such a detainee videorecording requirement within the Department of Defense is in the national security interest of the 

United States. 

(b) IN GENERAL.—In accordance with the Army Field Manual on 

Human Intelligence Collector Operations (FM 2–22.3, September 

2006), or any successor thereto, and the guidelines developed purVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00041 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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suant to subsection (f), the Secretary of Defense shall take such actions as are necessary to ensure the videotaping or otherwise electronically recording of each strategic intelligence interrogation of 

any person who is in the custody or under the effective control of 

the Department of Defense or under detention in a Department of 

Defense facility. 

(c) CLASSIFICATION OF INFORMATION.—To protect United States 

national security, the safety of the individuals conducting or assisting in the conduct of a strategic intelligence interrogation, and the 

privacy of persons described in subsection (b), the Secretary of Defense shall provide for the appropriate classification of video tapes 

or other electronic recordings made pursuant to subsection (b). The 

use of such classified video tapes or other electronic recordings in 

proceedings conducted under the Detainee Treatment Act of 2005 

(title 14 of Public Law 109–163 and title 10 of Public Law 109– 

148), the Military Commissions Act of 2006 (10 U.S.C. 948 et seq.; 

Public Law 109–366), or any other provision of law shall be governed by applicable rules, regulations, and law. 

(d) STRATEGIC INTELLIGENCE INTERROGATION DEFINED.—For purposes of this section, the term ‘‘strategic intelligence interrogation’’ 

means an interrogation of a person described in subsection (b) conducted at a theater-level detention facility. 

(e) EXCLUSION.—Nothing in this section shall be construed as requiring— 

(1) any member of the Armed Forces engaged in direct combat operations to videotape or otherwise electronically record a 

person described in subsection (b); or 

(2) the videotaping or other electronic recording of tactical 

questioning, as such term is defined in the Army Field Manual 

on Human Intelligence Collector Operations (FM 2–22.3, September 2006), or any successor thereto. 

(f) GUIDELINES FOR VIDEOTAPE AND OTHER ELECTRONIC RECORD- INGS.— 

(1) DEVELOPMENT OF GUIDELINES.—The Secretary of Defense, 

acting through the Judge Advocates General (as defined in section 801(1) of title 10, United States Code, (Article 1 of the 

Uniform Code of Military Justice)), shall develop and adopt 

uniform guidelines designed to ensure that the videotaping or 

other electronic recording required under subsection (b), at a 

minimum— 

(A) promotes full compliance with the laws of the United 

States; 

(B) is maintained for a length of time that serves the interests of justice in cases for which trials are being or may 

be conducted pursuant to the Detainee Treatment Act of 

2005 (title 14 of Public Law 109–163 and title 10 of Public 

Law 109–148), the Military Commissions Act of 2006 (10 

U.S.C. 948 et seq.; Public Law 109–366), or any other provision of law; 

(C) promotes the exploitation of intelligence; and 

(D) ensures the safety of all participants in the interrogations. 

(2) SUBMITTAL TO CONGRESS.—Not later than 30 days after 

the date of the enactment of this section, the Secretary of Defense shall submit to the Committees on Armed Services of the 


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43 

Senate and House of Representatives a report containing the 

guidelines developed under paragraph (1). Such report shall be 

in an unclassified form but may include a classified annex. 

35. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDDIE

BERNICE JOHNSON OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

Page 249, after line 22, insert the following new paragraph: 

(6) With respect to dependents accompanying a member stationed at a military installation outside of the United States, 

the need for and availability of mental health care services. 

36. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEE OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XII (page 453, after line 21), insert the following new section: 

SEC. ll. NO PERMANENT MILITARY BASES IN AFGHANISTAN. 

None of the funds authorized to be appropriated by this Act or 

otherwise made available by this or any other Act shall be obligated or expended by the United States Government to establish 

any military installation or base for the purpose of providing for 

the permanent stationing of United States Armed Forces in Afghanistan. 

37. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LIPINSKI

OF ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle F of title V (page 155, after line 4), add 

the following new section: 

SEC. 563. SENSE OF CONGRESS REGARDING THE RECOVERY OF THE 

REMAINS OF MEMBERS OF THE ARMED FORCES WHO 

WERE KILLED DURING WORLD WAR II IN THE BATTLE OF 

TARAWA ATOLL. 

(a) FINDINGS.—Congress makes the following findings: 

(1) On November 20, 1943, units of the United States Marine 

Corps, supported by units of the United States Army and warships and aircraft of the United States Navy, conducted an amphibious landing on the Island of Betio, Tarawa Atoll, in the 

Gilbert Islands in the Pacific Ocean. 

(2) The United States military forces faced an entrenched 

force of 5,000 Japanese soldiers. 

(3) The Tarawa landing was the first American amphibious 

assault on a fortified beachhead in World War II. 

(4) Just 76 hours later, the American flag was raised at 

Tarawa. 

(5) More than 1,100 Marines and other members of the 

Armed Forces were killed during the battle. 

(6) Most of the Marines, soldiers, and sailors who were killed 

during the battle were buried in hastily dug graves and cemeteries on Tarawa. 


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44 

(7) Between 1943 and 1946, the remains of some of the Marines and other members of the Armed Forces were disinterred 

and reinterred in temporary graves by the Navy. 

(8) After World War II, the remains of some of these Marines 

and other members of the Armed Forces were recovered and 

returned to the United States for burial. 

(9) Due to mistakes in reinterment, poor records, as well as 

other causes, the remains of 564 Marines and other members 

of the Armed Forces killed in the battle of Tarawa are in unmarked, unknown graves. 

(10) Since 1980, the Department of Defense has recovered remains from some unmarked graves that have been found 

through construction or other activity on Tarawa. 

(11) The remains of members of the Armed Forces on 

Tarawa continue to be threatened by construction or other land 

disturbing activity. 

(12) Recent research has shed new light on the locations of 

unmarked and lost graves of members of the Armed Forces on 

Tarawa. 

(13) It is the responsibility of the Federal Government to return to the United States for proper burial and respect all 

members of the Armed Forces killed at Tarawa who lie in unmarked and lost graves. 

(b) SENSE OF CONGRESS.—In light of these findings, Congress— 

(1) reaffirms its support for the recovery and return to the 

United States of the remains of members of the Armed Forces 

killed in battle, and for the efforts by the Joint POW-MIA Accounting Command to recover the remains of members of the 

Armed Forces from all wars; 

(2) recognizes the courage and sacrifice of the members of 

the Armed Forces who fought on Tarawa; 

(3) acknowledges the dedicated research and efforts by persons to identify, locate, and advocate for the recovery of remains from Tarawa; and 

(4) encourages the Department of Defense to review this research and, as appropriate, pursue new efforts to conduct field 

studies, new research, and undertake all feasible efforts to recover, identify, and return remains of members of the Armed 

Forces from Tarawa. 

38. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MALONEY

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle I of title V (page 180, after line 11), insert 

the following new section: 

SEC. 594. REPORT ON PROGRESS IN COMPLETING DEFENSE INCIDENT-BASED REPORTING SYSTEM. 

Not later than 120 days after the date of the enactment of this 

Act, and every 6 months thereafter, the Secretary of Defense shall 

submit to Congress a report detailing the progress of the Secretary 

with respect to the Defense Incident-Based Reporting System. 


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45 

39. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MALONEY

OF NEW YORK, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle H of title V (page 175, after line 11), add 

the following new section: 

SEC. 586. OVERSEAS VOTING ADVISORY BOARD. 

(a) ESTABLISHMENT; DUTIES.—There is hereby established the 

Overseas Voting Advisory Board (hereafter in this Act referred to 

as the ′′Board′′). 

(b) DUTIES.— 

(1) IN GENERAL.—The Board shall conduct studies and issue 

reports with respect to the following issues: 

(A) The ability of citizens of the United States who reside outside of the United States to register to vote and 

vote in elections for public office. 

(B) Methods to promote voter registration and voting 

among such citizens. 

(C) The effectiveness of the Director of the Federal Voting Assistance Program under the Uniformed and Overseas Citizens Absentee Voting Act in assisting such citizens in registering to vote and casting votes in elections. 

(D) The effectiveness of the administration and enforcement of the requirements of the Uniformed and Overseas 

Citizens Absentee Voting Act. 

(E) The need for the enactment of legislation or the 

adoption of administrative actions to ensure that all Americans who are away from the jurisdiction in which they are 

eligible to vote because they live overseas or serve in the 

military (or are a spouse or dependent of someone who 

serves in the military) are able to register to vote and vote 

in elections for public office. 

(2) REPORTS.—In addition to issuing such reports as it considers appropriate, the Board shall transmit to Congress a report not later than March 31 of each year describing its activities during the previous year, and shall include in that report 

such recommendations as the Board considers appropriate for 

legislative or administrative action, including the provision of 

funding, to address the issues described in paragraph (1). 

(3) COMMITTEE HEARINGS ON ANNUAL REPORT.—During each 

year, the Committees on Armed Services of the House of Representatives and Senate, the Committee on House Administration of the House of Representatives, and the Committee on 

Rules and Administration of the Senate may each hold a hearing on the annual report submitted by the Board under paragraph (2). 

(c) MEMBERSHIP.— 

(1) APPOINTMENT.—The Board shall be composed of 5 members appointed by the President not later than 6 months after 

the date of the enactment of this Act, of whom— 

(A) 1 shall be appointed from among a list of nominees 

submitted by the Speaker of the House of Representatives; 

(B) 1 shall be appointed from among a list of nominees 

submitted by the Minority Leader of the House of Representatives; 


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46 

(C) 1 shall be appointed from among a list of nominees 

submitted by the Majority Leader of the Senate; and 

(D) 1 shall be appointed from among a list of nominees 

submitted by the Minority Leader of the Senate. 

(2) QUALIFICATIONS.—An individual may serve as a member 

of the Board only if the individual has experience in election 

administration and resides or has resided for an extended period of time overseas (as a member of the uniformed services 

or as a civilian), except that the President shall ensure that at 

least one member of the Board is a citizen who resides overseas while serving on the Board. 

(3) TERMS OF SERVICE.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), each member shall be appointed for a term of 4 years. 

A member may be reappointed for additional terms. 

(B) VACANCIES.—A vacancy in the Board shall be filled 

in the manner in which the original appointment was 

made. Any member appointed to fill a vacancy occurring 

before the expiration of the term for which the member’s 

predecessor was appointed shall be appointed only for the 

remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken 

office. 

(4) PAY.— (A) NO PAY FOR SERVICE.—A member shall serve without 

pay, except that a member shall receive travel expenses, 

including per diem in lieu of subsistence, in accordance 

with applicable provisions under subchapter I of chapter 

57 of title 5, United States Code. 

(B) REIMBURSEMENT OF TRAVEL EXPENSES BY DIREC- TOR.—Upon request of the Chairperson of the Board, the 

Director of the Federal Voting Assistance Program under 

the Uniformed and Overseas Citizens Absentee Voting Act 

shall, from amounts made available for the salaries and 

expenses of the Director, reimburse the Board for any travel expenses paid on behalf of a member under subparagraph (A). 

(5) QUORUM.—3 members of the Board shall constitute a 

quorum but a lesser number may hold hearings. 

(6) CHAIRPERSON.—The members of the Board shall designate one member to serve as Chairperson. 

(d) STAFF.— 

(1) AUTHORITY TO APPOINT.—Subject to rules prescribed the 

Board, the chairperson may appoint and fix the pay of such 

staff as the chairperson considers necessary. 

(2) APPLICATION OF CIVIL SERVICE LAWS.—The staff of the 

Board shall be appointed subject to the provisions of title 5, 

United States Code, governing appointments in the competitive 

service, and shall be paid in accordance with the provisions of 

chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. 

(3) EXPERTS AND CONSULTANTS.—Subject to rules prescribed 

by the Board, the Chairperson may procure temporary and 

intermittent services under section 3109(b) of title 5, United 

States Code. 


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47 

(4) STAFF OF FEDERAL AGENCIES.—Upon request of the Chairperson, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist it in carrying out its 

duties under this Act. 

(e) POWERS.— 

(1) HEARINGS AND SESSIONS.—The Board may, for the purpose of carrying out this Act, hold hearings, sit and act at 

times and places, take testimony, and receive evidence as the 

Board considers appropriate. The Board may administer oaths 

or affirmations to witnesses appearing before it. 

(2) OBTAINING OFFICIAL DATA.—The Board may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Board. 

(3) MAILS.—The Board may use the United States mails in 

the same manner and under the same conditions as other departments and agencies of the United States. 

(4) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 

the Board, the Administrator of General Services shall provide 

to the Board, on a reimbursable basis, the administrative support services necessary for the Board to carry out its responsibilities under this Act. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Board such sums as may be necessary to 

carry out this section for fiscal year 2010 and each succeeding fiscal 

year. 

40. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MINNICK

OF IDAHO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title VII (page 252, line 18), add the 

following new section: 

SEC. 716. REPORT ON RURAL ACCESS TO HEALTH CARE. 

The Secretary of Defense shall submit to the congressional defense committees a report on the health care of rural members of 

the Armed Forces and individuals who receive health care under 

chapter 55 of title 10, United States. The report shall include recommendations of resources or legislation the Secretary determines 

necessary to improve access to health care for such individuals. 

41. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SARBANES

OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 830. PROCUREMENT PROFESSIONALISM ADVISORY PANEL. 

(a) GAO-CONVENED PANEL.—The Comptroller General shall convene a panel of experts, to be known as the Procurement Professionalism Advisory Panel, to study the ethics, competence, and effectiveness of acquisition personnel and the governmentwide procurement process, including the following: 


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(1) The role played by the Federal acquisition workforce at 

each stage of the procurement process, with a focus on the following: 

(A) Personnel shortages. 

(B) Expertise shortages. 

(C) The relationship between career acquisition personnel and political appointees. 

(D) The relationship between acquisition personnel and 

contractors. 

(2) The legislation, regulation, official policy, and informal 

customs that govern procurement personnel. 

(3) Training and retention tools used to hire, retain, and professionally develop acquisition personnel, including the following: 

(A) The Defense Acquisition University. 

(B) The Federal Acquisition Institute. 

(C) Continuing education and professional development 

opportunities available to acquisition professionals. 

(D) Opportunities to pursue higher education available 

to acquisition personnel, including scholarships and student loan forgiveness. 

(b) ADMINISTRATION OF PANEL.—The Comptroller General shall 

be the chairman of the panel. 

(c) COMPOSITION OF PANEL.— (1) MEMBERSHIP.—The Comptroller General shall appoint 

highly qualified and knowledgeable persons to serve on the 

panel and shall ensure that the following groups receive fair 

representation on the panel: 

(A) Officers and employees of the United States. 

(B) Persons in private industry. 

(C) Federal labor organizations. 

(2) FAIR REPRESENTATION.—For the purposes of the requirement for fair representation under paragraph (1), persons serving on the panel under subparagraph (C) of that paragraph 

shall not be counted as persons serving on the panel under 

subparagraph (A) or (B) of that paragraph. 

(d) PARTICIPATION BY OTHER INTERESTED PARTIES.—The Comptroller General shall ensure that the opportunity to submit information and views on the ethics, competence, and effectiveness of 

acquisition personnel to the panel for the purposes of the study is 

accorded to all interested parties, including officers and employees 

of the United States not serving on the panel and entities in private industry and representatives of Federal labor organizations 

not represented on the panel. 

(e) INFORMATION FROM AGENCIES.—The panel may secure directly from any department or agency of the United States any information that the panel considers necessary to carry out a meaningful study of administration of the rules described in subsection 

(a). Upon the request of the Chairman of the panel, the head of 

such department or agency shall furnish the requested information 

to the panel. 

(f) REPORT.— (1) IN GENERAL.—Not later than 18 months after the date of 

the enactment of this Act, the Comptroller General shall submit a report on the results of the study to— 


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49 

(A) the Committee on Oversight and Government Reform of the House of Representatives; 

(B) the Committee on Armed Services of the House of 

Representatives; 

(C) the Committee on Homeland Security and Government Affairs of the Senate; and 

(D) the Committee on Armed Services of the Senate. 

(2) AVAILABILITY.—The Comptroller General shall publish 

the report in the Federal Register and on a publically accessible website (acquisition.gov). 

(g) DEFINITION.—In this section, the term ‘‘Federal labor organization’’ has the meaning given the term ‘‘labor organization’’ in section 7103(a)(4) of title 5, United States Code. 

42. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHAKOWSKY OF ILLINOIS, OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title VIII (page 291, after line 2), add the following 

new section: 

SEC. 830. ACCESS BY CONGRESS TO DATABASE OF INFORMATION REGARDING THE INTEGRITY AND PERFORMANCE OF CERTAIN PERSONS AWARDED FEDERAL CONTRACTS AND 

GRANTS. 

Section 872(e)(1) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 

455) is amended by striking ‘‘the Chairman and Ranking Member 

of the committees of Congress having jurisdiction’’ and inserting 

‘‘any Member of Congress’’. 

43. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHAKOWSKY OF ILLINOIS, OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title VIII (page 291, after line 2), add the following 

new section: 

SEC. 830. ADDITIONAL REPORTING REQUIREMENTS FOR INVENTORY 

RELATING TO CONTRACTS FOR SERVICES. 

(a) ADDITIONAL REPORTING REQUIREMENTS.—Section 2330a(c)(1) 

of title 10, United States Code, is amended by adding at the end 

the following new subparagraph: 

‘‘(H) With respect to such contracts for services— 

‘‘(i) the ratio between the number of individuals responsible for awarding and overseeing such contracts to the 

amount obligated or expended on such contracts; and 

‘‘(ii) the number of individuals responsible for awarding 

and overseeing such contracts who are themselves contractors.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to fiscal year 2011 and fiscal years thereafter. 


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44. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

SCHRADER OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle A of title VII (page 244, after line 8), insert 

the following new section: 

SEC. 708. NOTIFICATION OF MEMBERS OF THE ARMED FORCES OF EXPOSURE TO POTENTIALLY HARMFUL MATERIALS AND 

CONTAMINANTS. 

(a) NOTIFICATION REQUIRED.—In the case of a member of the 

Armed Forces who is exposed to a potentially harmful material or 

contaminant, as determined by the Secretary of Defense, the Secretary shall, as soon as possible, notify the member, and in the 

case of a member of a reserve component, the State military department of the member, of the member’s exposure to such material or contaminant and any health risks associated with exposure 

to such material or contaminant. 

(b) IN-THEATER NOTIFICATION.—If the Secretary of Defense determines that a member of the Armed Forces has been exposed to a 

potentially harmful material or contaminant while that member is 

deployed, the Secretary shall notify the member of such exposure 

under subsection (a) while that member is so deployed. 

45. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CHRIS- TOPHER SMITH OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE

FOR 10 MINUTES

At the end of subtitle B of title XXVIII (page 565, after line 10), 

add the following new section: 

SEC. 2821. COMPTROLLER GENERAL REPORT ON NAVY SECURITY 

MEASURES FOR LAURELWOOD HOUSING COMPLEX, 

NAVAL WEAPONS STATION, EARLE, NEW JERSEY. 

Not later than 180 days after the date of the enactment of this 

Act, the Comptroller General shall submit to the Committees on 

Armed Services of the Senate and House of Representatives a report containing a cost analysis and audit of the sufficiency of the 

Navy’s security measures in advance of the proposed occupancy by 

the general public of units of the Laurelwood Housing complex on 

Naval Weapons Station, Earle. The report shall include an estimate of costs to be incurred by Federal, State, and local government agencies in the following areas: 

(1) Security and safety procedures. 

(2) Land/utilities management and services. 

(3) Educational assistance. 

(4) Emergency services. 

(5) Community services. 

(6) Environmental services. 

46. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CHRISTOPHER SMITH OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE

FOR 10 MINUTES

At the end of subtitle H of title V (page 175, after line 11), add 

the following new section: 


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SEC. 586. SENSE OF CONGRESS AND REPORT ON INTRA-FAMILIAL ABDUCTION OF CHILDREN OF MILITARY PERSONNEL. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that the 

intra-familial abduction to foreign countries of children of members 

of the Armed Forces constitutes a grave violation of the rights of 

military parents whose children are abducted and poses a significant threat to the psychological well-being and development of the 

abducted children. 

(b) REPORT ON INTRA-FAMILIAL CHILD ABDUCTION EFFECTING ACTIVE DUTY MILITARY PERSONNEL.— 

(1) REPORT REQUIRED.—Not later than 60 days after the date 

of the enactment of this Act, and not later than December 31 

of calendar year 2010 and each December 31 thereafter, the 

Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and House of Representatives a report 

on the programs, projects, and activities carried out by the Department of Defense to assist members of the Armed Forces 

whose children are abducted. 

(2) CONTENTS.—The report required under paragraph (1) 

shall include information concerning the following: 

(A) The total number of children abducted from military 

parents, with a breakdown of the number of children abducted to each country that is a party to the Hague Convention on the Civil Aspects of International Child Abduction (the ‘‘Hague Convention’’) and each country that is not 

a party to the Hague Convention. 

(B) The total number of children abducted from military 

parents who were returned to their military parent, with 

a breakdown of the number of children returned from each 

country that is a party to the Hague Convention and each 

country that is not a party to the Hague Convention, including the average length of time per country that the 

children spent separated from their military parent, 

whether the Department of Defense helped facilitate any 

of the returns, specific actions taken to facilitate the return, and other Departments involved. 

(C) Whether these numbers are shared with the Department of State for inclusion in the Report on Compliance 

with the Hague Convention on the Civil Aspects of International Child Abduction. 

(D) An assessment as to how international child abductions impact the force readiness of affected military personnel. 

(E) An assessment of the effectiveness of the centralized 

office within the Department of Defense responsible for implementing measures to prevent international child abductions and to provide assistance to military personnel, including— 

(i) the coordination of international child abductionrelated issues between the relevant agencies and departments with the Department of Defense; 

(ii) the education of appropriate personnel; 

(iii) the coordination with family support offices and 

other applicable agencies, both within the United 


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52 

States and in host countries, to implement mechanisms for assistance to left behind parents; 

(iv) the coordination with the Department of State 

and National Center for Missing and Exploited Children to provide assistance to left behind parents in obtaining the return of their children; and 

(v) the collection of the data required by subparagraphs (A) and (B). 

(F) An assessment of the current availability of, and additional need for assistance, including general information, 

psychological counseling, financial assistance, leave for 

travel, legal services, and the contact information for the 

office identified in subparagraph (E), provided by the Department of Defense to left behind military parents for the 

purpose of obtaining the return of their abducted children 

and ensuring the force readiness of military personnel. 

(G) The means through which available services, information, and activities relating to international child abductions are communicated to left behind military parents. 

(H) The proportion of identified left behind military parents who utilize the services and activities referred to in 

subparagraph (F). 

(I) Measures taken by the Department of Defense, including any written policy guidelines, to prevent the abduction of children. 

(J) The means by which military personnel are educated 

on the risks of international child abduction, particularly 

when they first arrive on a base abroad or when the military receives notice that the personnel is considering marriage or divorce abroad. 

(K) The training provided to those who supply legal assistance to military personnel, in particular the Armed 

Forces Legal Assistance Offices, on the legal aspects of 

international child abduction and legal options available to 

left behind military parents, including the risks of conferring jurisdiction on the host country court system by applying for child custody in the host country court system. 

(L) Which of the Status of Forces Agreements negotiated 

with host countries, if any, are written to protect the ability of a member of the Armed Forces to have international 

child abduction cases adjudicated in the member’s State of 

legal residence. 

(M) The feasibility of including in present and future 

Status of Forces Agreements a framework for the expeditious and just resolution of intra-familial child abduction. 

(N) Identification of potential strategies for engagement 

with host countries with high incidences of military international child abductions. 

(O) Whether the Department of Defense has engaged in 

joint efforts with the State Department to provide a forum, 

such as a conference, for left behind military parents to 

share their experiences, network, and develop best practices for securing the return of abducted children, and the 

assistance provided for left behind parents to attend such 

an event. 


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(P) Whether the Department of Defense currently partners with, or intends to partner with, civilian experts on 

International Child Abduction, to understand the psychological and social implications of this issue upon Department of Defense personnel, and to help develop an effective awareness campaign and training. 

47. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SOUDER

OF INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 24, line 10, strike ‘‘or otherwise made available’’. 

48. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SPACE OF

OHIO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title V (page 134, after line 24), add 

the following new section: 

SEC. 524. 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), as amended 

by section 523, is further amended by adding at the end the following new subsection: 

‘‘(c) SECURE METHOD OF ELECTRONIC DELIVERY.— 

‘‘(1) DEVELOPMENT AND IMPLEMENTATION.—The Secretary of 

Veterans Affairs, in consultation with the Secretary of Defense, 

shall develop and implement a secure electronic method of forwarding the DD Form 214 to the appropriate office specified in 

subsection (a)(2). The Secretary of Veterans Affairs shall ensure that the method permits such offices to access the forms 

electronically using current computer operating systems. 

‘‘(2) AUTHORITY TO CEASE DELIVERY.—In developing the secure electronic method of forwarding DD Forms 214, the Secretary of Veterans Affairs shall ensure that the information 

provided is not disclosed or used for unauthorized purposes 

and may cease forwarding the forms electronically to an office 

specified in subsection (a)(2) if demonstrated problems arise.’’. 

49. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMPSON OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle E of title XXVIII (page 611, after line 21), 

add the following new section: 

SEC. 2858. LAND CONVEYANCE, FERNDALE HOUSING AT CENTERVILLE 

BEACH NAVAL FACILITY TO CITY OF FERNDALE, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—At such time as the Navy vacates 

the Ferndale Housing, which previously supported the now closed 

Centerville Beach Naval Facility in the City of Ferndale, California, the Secretary of the Navy may convey, at fair market value, 

to the City of Ferndale (in this section referred to as the ‘‘City’’), 

all right, title, and interest of the United States in and to the parVerDate Nov 24 2008 14:02 Jun 24, 2009 Jkt 079008 PO 00000 Frm 00053 Fmt 6659 Sfmt 6602 E:\HR\OC\HR182.XXX HR182

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cels of real property, including improvements thereon, for the purpose of permitting the City to utilize the property for low- and moderate-income housing for seniors, families, or both. 

(b) REVERSIONARY INTEREST.—If the Secretary determines at any 

time that the real property conveyed under subsection (a) is not 

being used in accordance with the purpose of the conveyance, all 

right, title, and interest in and to such real property, including any 

improvements and appurtenant easements thereto, shall, at the option of the Secretary, revert to and become the property of the 

United States, and the United States shall have the right of immediate entry onto such real property. A determination by the Secretary under this subsection shall be made on the record after an 

opportunity for a hearing. 

(c) DESCRIPTION OF PROPERTY.—The exact acreage and legal description of the real property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. 

(d) PAYMENT OF COSTS OF CONVEYANCES.— (1) PAYMENT REQUIRED.—The Secretary shall require the 

City to cover costs to be incurred by the Secretary, or to reimburse the Secretary for costs incurred by the Secretary, to 

carry out the conveyance under subsection (a), including survey costs, costs related to environmental documentation, and 

other administrative costs related to the conveyance. If 

amounts are collected from the city in advance of the Secretary 

incurring the actual costs, and the amount collected exceeds 

the costs actually incurred by the Secretary to carry out the 

conveyance, the Secretary shall refund the excess amount to 

the City. 

(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received 

as reimbursements under paragraph (1) shall be credited to 

the fund or account that was used to cover the costs incurred 

by the Secretary in carrying out the conveyance. Amounts so 

credited shall be merged with amounts in such fund or account 

and shall be available for the same purposes, and subject to 

the same conditions and limitations, as amounts in such fund 

or account. 

(e) ADDITIONAL TERM AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the 

conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. 

50. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TAYLOR

OF MISSISSIPPI, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title I (page 37, after line 17), add the 

following new section: 

SEC. 126. CONVERSION OF CERTAIN VESSELS; LEASING RATES. 

(a) USE OF FUNDS FOR CONVERSION.—Of the funds authorized to 

be appropriated or otherwise made available for fiscal year 2010 for 

weapons procurement, Navy, for Mk–46 torpedo modifications, the 

Secretary of the Navy may obligate not more than $35,000,000 for 

lease and conversion of any covered vessel that, as a result of default on a loan guaranteed for the vessels under chapter 537 of title 

46, United States Code, has become the property of the United 


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States, such that the Maritime Administrator has rights to dispose 

of the financial interest of the United States in the covered vessels. 

(b) DETERMINATION OF LEASING RATES.—The Maritime Administrator shall coordinate with the Secretary of the Navy to determine 

leasing rates that meet the obligation of the United States with respect to any loan guarantee for the vessels. 

(c) MODIFICATION TO A COVERED VESSEL.—The Secretary of the 

Navy may make necessary modifications to a covered vessel for 

military utility as the Secretary considers appropriate. 

(d) COVERED VESSEL DEFINED.—In this section the term ‘‘covered 

vessel’’ means each of— 

(1) the vessel Huakai (United States official number 

1215902); and 

(2) the vessel Alakai (United States official number 

1182234). 

51. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TIERNEY

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 57, line 13, insert ‘‘and the proposed radars’’ after ‘‘proposed 

interceptor’’. 

52. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TIERNEY

OF MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title II (page 67, after line 5), insert 

the following new section: 

SEC. 227. STUDY ON DISCRIMINATION CAPABILITIES OF MISSILE DEFENSE SYSTEM. 

(a) STUDY.—The Secretary of Defense shall enter into an arrangement with the JASON Defense Advisory Panel under which 

JASON shall carry out a study on the technical and scientific feasibility of the discrimination capabilities of the missile defense system of the United States, as such system is designed and conceived 

as of the date of the study. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the study. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means 

the following: 

(1) The Committees on Armed Services, Appropriations, and 

Oversight and Government Reform of the House of Representatives. 

(2) The Committees on Armed Services, Appropriations, and 

Homeland Security and Governmental Affairs of the Senate. 


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56 

53. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE VAN

HOLLEN OF MARYLAND, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of title XXVII (page 544, after line 10), add the following new section: 

SEC. 2723. SENSE OF CONGRESS REGARDING TRAFFIC MITIGATION IN 

VICINITY OF NATIONAL NAVAL MEDICAL CENTER, BETHESDA, MARYLAND, IN RESPONSE TO INSTALLATION EXPANSION. 

Given the anticipated significant increases in local traffic in the 

vicinity of the National Naval Medical Center, Bethesda, Maryland, 

and the unusual impact that such traffic increases will have on the 

surrounding community due to the planned expansion of the installation, it is the sense of Congress that— 

(1) multiple methods are available to the Department of Defense to implement the defense access roads program (section 

210 of title 23, United States Code) to help alleviate traffic congestion, including expansion of adjacent highways, improvements to nearby intersections, on-base queuing options, and 

multi-modal expansion, including expanded support of buses 

and subways and other measures; and 

(2) all of the efforts to alleviate the significant traffic impact 

need to be pursued to ensure readily available access to health 

care at the installation. 

54. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WALZ OF

MINNESOTA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title VII (page 244, after line 8), insert 

the following new section: 

SEC. 708. REPORT ON JOINT VIRTUAL LIFETIME ELECTRONIC 

RECORD. 

Not later than December 31, 2009, the Secretary of Defense, in 

coordination with the Secretary of Veterans Affairs, shall submit to 

Congress a report on the progress that has been made on the establishment, announced by the President on April 9, 2009, of a 

Joint Virtual Lifetime Electronic Record for members of the Armed 

Forces to improve the quality of medical care and create a seamless 

integration between the Department of Defense and the Department of Veterans Affairs. The report shall— 

(1) explain what steps compose the Secretaries’ plan to fully 

achieve the establishment of the seamless record system between the two departments; 

(2) identify any unforeseen obstacles that have arisen that 

may require legislative action; and 

(3) explain how the plan relates to the mandate in section 

1635 of the National Defense Authorization Act for Fiscal Year 

2008 (Public Law 110–181; 10 U.S.C. 1071 note) that the Secretary of Defense and the Secretary of the Department of Veterans Affairs jointly develop and implement, by September 30, 

2009, electronic health record systems or capabilities that 

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tion between the Department of Defense and the Department 

of Veterans Affairs. 

55. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WEINER

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VI (page 134, after line 24), add the following 

new section: 

SEC. 665. COMPTROLLER GENERAL REPORT ON COST TO CITIES AND 

OTHER MUNICIPALITIES THAT COVER THE DIFFERENCE 

BETWEEN AN EMPLOYEE’S MILITARY SALARY AND MUNICIPAL SALARY. 

Not later than 90 days after the date of the enactment of this 

Act, the Comptroller General shall submit to Congress a report on 

the costs incurred by cities and other municipalities that elect to 

cover the difference between— 

(1) an employee’s military salary when that employee is a 

member of a reserve component and called or ordered to active 

duty; and 

(2) the municipal salary of the employee. 

56. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

WHITFIELD OF KENTUCKY, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

Page 245, after line 23, add the following new subparagraph (C) 

(and redesignate existing subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively): 

(C) the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the 

therapeutic use of animals or other varying treatments; 

57. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRIFFITH

OF ALABAMA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 67, after line 5, insert the following: 

SEC. ll. SENSE OF CONGRESS REAFFIRMING THE REQUIREMENT TO 

THOROUGHLY CONSIDER THE ROLE OF BALLISTIC MISSILE DEFENSES DURING THE QUADRENNIAL DEFENSE 

REVIEW AND THE NUCLEAR POSTURE REVIEW. 

(a) FINDINGS.—Congress makes the following findings: 

(1) Congress passed and the President signed the National 

Missile Defense Act of 1999 (Public Law: 106–38), which stated: ‘‘It is the policy of the United States to deploy as soon as 

is technologically possible an effective National Missile Defense 

system capable of defending the territory of the United States 

against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).’’ 

(2) Section 118 of title 10, United States Code requires the 

Secretary of Defense ‘‘every four years, during a year following 

a year evenly divisible by four, to conduct a comprehensive examination (to be known as a’’Quadrennial Defense Review‘‘) of 

the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of 


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58 

the defense program and policies of the United States with a 

view toward determining and expressing the defense strategy 

of the United States and establishing a defense program for 

the next 20 years.’’ 

(3) Among the requirements established by section 118 of 

title 10, United States Code, for the elements that must be included in the Quadrennial Defense Review are the following: 

(A) The threats to the assumed or defined national security interests of the United States that were examined for 

the purposes of the review and the scenarios developed in 

the examination of those threats. 

(B) The specific capabilities, including the general number and type of specific military platforms, needed to 

achieve the strategic and warfighting objectives identified 

in the review. 

(C) The effect on force structure of the use by the armed 

forces of technologies anticipated to be available for the ensuing 20 years. 

(4) Section 1070 of the National Defense Authorization Act 

for Fiscal Year 2008 (Public Law 110–116) requires the Secretary of Defense to conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years 

‘‘in order to clarify United States nuclear deterrence policy and 

strategy for the near term.’’ 

(5) Among the requirements established by section 1070 of 

the National Defense Authorization Act for Fiscal Year 2008 

for the elements that must be included in the nuclear posture 

review is ‘‘[t]he role that missile defense capabilities and conventional strike forces play in determining the role and size of 

nuclear forces.’’ 

(6) The Final Report of the Congressional Commission on the 

Strategic Posture of the United States, issued on May 7, 2009, 

concluded: ‘‘Missile defenses can play a useful role in supporting the basic objectives of deterrence, broadly defined. Defenses that are effective against regional aggressors are a valuable component of the U.S. strategic posture. The United 

States should develop and, where appropriate, deploy missile 

defenses against regional nuclear aggressors, including against 

limited long-range threats. These can also be beneficial for limiting damage if deterrence fails. The United States should ensure that its actions do not lead Russia or China to take actions that increase the threat to the United States and its allies and friends.’’ 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the 

Secretary of Defense should thoroughly consider the role of ballistic 

missile defenses during the Quadrennial Defense Review and the 

Nuclear Posture Review. 

58. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE WILSON

OF SOUTH CAROLINA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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


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59 

SEC. 9ll. RECOGNITION OF AND SUPPORT FOR STATE DEFENSE 

FORCES. 

(a) RECOGNITION AND SUPPORT.—Section 109 of title 32, United 

States Code, is amended— 

(1) by redesignating subsections (d) and (e) as subsections (k) 

and (l), respectively; and 

(2) by inserting after subsection (c) the following new subsections: 

‘‘(d) RECOGNITION.—Congress hereby recognizes forces established under subsection (c) as an integral military component of the 

homeland security effort of the United States, while reaffirming 

that those forces remain entirely State regulated, organized, and 

equipped and recognizing that those forces will be used for homeland security purposes exclusively at the local level and in accordance with State law. 

‘‘(e) ASSISTANCE BY DEPARTMENT OF DEFENSE.—(1) The Secretary 

of Defense may coordinate homeland security efforts with, and provide assistance to, a defense force established under subsection (c) 

to the extent such assistance is requested by a State or by a force 

established under subsection (c) and subject to the provisions of 

this section. 

‘‘(2) The Secretary may not provide assistance under paragraph 

(1) if, in the judgment of the Secretary, such assistance would— 

‘‘(A) impede the ability of the Department of Defense to execute missions of the Department; 

‘‘(B) take resources away from warfighting units; 

‘‘(C) incur nonreimbursed identifiable costs; or 

‘‘(D) consume resources in a manner inconsistent with the 

mission of the Department of Defense. 

‘‘(f) USE OF DEPARTMENT OF DEFENSE PROPERTY AND EQUIPMENT.—The Secretary of Defense may authorize qualified personnel of a force established under subsection (c) to use and operate property, arms, equipment, and facilities of the Department of 

Defense as needed in the course of training activities and State active duty. 

‘‘(g) TRANSFER OF EXCESS EQUIPMENT.—(1) The Secretary of Defense may transfer to a State or a force established under subsection (c) any personal property of the Department of Defense that 

the Secretary determines is— 

‘‘(A) excess to the needs of the Department of Defense; and 

‘‘(B) suitable for use by a force established under subsection 

(c). 

‘‘(2) The Secretary of Defense may transfer personal property 

under this section only if— 

‘‘(A) the property is drawn from existing stocks of the Department of Defense; 

‘‘(B) the recipient force established under subsection (c) accepts the property on an as-is, where-is basis; 

‘‘(C) the transfer is made without the expenditure of any 

funds available to the Department of Defense for the procurement of defense equipment; and 

‘‘(D) all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. 


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60 

‘‘(3) Subject to paragraph (2)(D), the Secretary may transfer personal property under this section without charge to the recipient 

force established under subsection (c). 

‘‘(h) FEDERAL/STATE TRAINING COORDINATION.—(1) Participation 

by a force established under subsection (c) in a training program 

of the Department of Defense is at the discretion of the State. 

‘‘(2) Nothing in this section may be construed as requiring the 

Department of Defense to provide any training program to any 

such force. 

‘‘(3) Any such training program shall be conducted in accordance 

with an agreement between the Secretary of Defense and the State 

or the force established under subsection (c) if so authorized by 

State law. 

‘‘(4) Any direct costs to the Department of Defense of providing 

training assistance to a force established under subsection (c) shall 

be reimbursed by the State. Any agreement under paragraph (3) 

between the Department of Defense and a State or a force established under subsection (c) for such training assistance shall provide for payment of such costs. 

‘‘(i) FEDERAL FUNDING OF STATE DEFENSE FORCES.—Funds available to the Department of Defense may not be made available to 

a State defense force. 

‘‘(j) LIABILITY.—Any liability for injuries or damages incurred by 

a member of a force established under subsection (c) while engaged 

in training activities or State active duty shall be the sole responsibility of the State, regardless of whether the injury or damage was 

incurred on United States property or involved United States 

equipment or whether the member was under direct supervision of 

United States personnel at the time of the incident.’’. 

(b) DEFINITION OF STATE.— 

(1) DEFINITION.—Such section is further amended by adding 

at the end the following new subsection: 

‘‘(n) STATE DEFINED.—In this section, the term ‘State’ includes 

the District of Columbia, the Commonwealth of Puerto Rico, Guam, 

and the Virgin Islands.’’. 

(2) CONFORMING AMENDMENTS.—Such section is further 

amended in subsections (a), (b), and (c) by striking ‘‘a State, 

the Commonwealth of Puerto Rico, the District of Columbia, 

Guam, or the Virgin Islands’’ each place it appears and inserting ‘‘a State’’. 

(c) STYLISTIC AMENDMENTS.—Such section is further amended— 

(1) in subsection (a), by inserting ‘‘PROHIBITION ON MAINTENANCE OF OTHER TROOPS.—’’ after ‘‘(a)’’; 

(2) in subsection (b), by inserting ‘‘USE WITHIN STATE BORDERS.—’’ after ‘‘(b)’’; 

(3) in subsection (c), by inserting ‘‘STATE DEFENSE FORCES

AUTHORIZED.—’’ after ‘‘(c)’’; 

(4) in subsection (k), as redesignated by subsection (a)(1), by 

inserting ‘‘EFFECT OF MEMBERSHIP IN DEFENSE FORCES.—’’ 

after ‘‘(k)’’; and 

(5) in subsection (l), as redesignated by subsection (a)(1), by 

inserting ‘‘PROHIBITION ON RESERVE COMPONENT MEMBERS

JOINING DEFENSE FORCES.—’’ after ‘‘(l)’’. 

(d) CLERICAL AMENDMENTS.— 


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61 

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

amended to read as follows: 

‘‘§ 109. Maintenance of other troops: State defense forces’’. 

(2) CLERICAL AMENDMENT.—The item relating to such section 

in the table of sections at the beginning of chapter 1 of such 

title is amended to read as follows: 

‘‘109. Maintenance of other troops: State defense forces.’’. 

59. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title VII (page 244, after line 8), insert 

the following new section: 

SEC. 708. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE. 

(a) FINDINGS.—Congress finds that veterans who are members of 

the Individual Ready Reserve (in this section referred to as the 

‘‘IRR’’) and are not assigned to units that muster regularly and 

have an established support structure are less likely to be helped 

by existing suicide prevention programs run by the Secretary of 

Defense and the Secretary of Veterans Affairs. 

(b) IN GENERAL.—The Secretary of Defense shall ensure that all 

covered members receive a counseling call from properly trained 

personnel not less than once every 90 days so long as the member 

remains a member of the IRR. 

(c) PERSONNEL.—In carrying out this section, the Secretary shall 

ensure the following: 

(1) Personnel conducting calls determine the emotional, psychological, medical, and career needs and concerns of the covered member.

(2) Any covered member identified as being at-risk of selfcaused harm is referred to the nearest military medical treatment facility or accredited TRICARE provider for immediate 

evaluation and treatment by a qualified mental health care 

provider. 

(3) If a covered member is identified under paragraph (2), 

the Secretary shall confirm that the member has received the 

evaluation and any necessary treatment.

(d) REPORT.—Not later than January 31 of each year, beginning 

in 2010, the Secretary shall submit to Congress a report on the 

number of IRR members not assigned to units who have been referred for counseling or mental health treatment, as well as the 

health and career status of such members. 

(e) COVERED MEMBER DEFINED.—In this section, a ‘‘covered 

member’’ is a member of the Individual Ready Reserve who has 

completed at least one tour in either Iraq or Afghanistan. 

60. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GARRETT

OF NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title XII of the bill, add the following 

new section: 


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62 

SEC. 12xx. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL. 

It is the sense of Congress that— 

(1) the State of Israel is one of the strongest allies of the 

United States; 

(2) Israel and the United States face many common enemies; 

and 

(3) the United States should continue to work with Israeli 

Prime Minister Netanyahu, the Israeli Government, and the 

people of Israel to ensure that Israel continues to receive critical military assistance, including missile defense capabilities, 

needed to address existential threats. 

61. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KIRK OF

ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title VI (page 200, after line 14), add 

the following new section: 

SEC. 619. ADDITIONAL SPECIAL PAYS AND BONUSES AUTHORIZED 

FOR MEMBERS AGREEING TO SERVE IN AFGHANISTAN 

FOR THE DURATION OF THE UNITED STATES MISSION. 

(a) AUTHORITY TO DEVELOP DEMONSTRATION PROGRAM.—Notwithstanding the limitations specified in subsection (b) of section 

352 of title 37, United States Code, on the maximum amount of assignment or special duty pay that may be paid to a member of the 

Armed Forces under such section, the Secretary of Defense may develop a program to provide additional special pays and bonuses to 

members (particularly members who score a 4.0 on the Foreign 

Service Institute test for the dominant languages of Pashto and 

Dari) who agree to serve on active duty in Afghanistan for six 

years or the duration of the United States mission in Afghanistan, 

whichever occurs first. The assignment period required by the 

agreement shall provide for reasonable periods of leave. 

(b) RELATION TO OTHER AUTHORITIES.—A program developed 

under subsection (a) may be provided 

(1) without regard to the lack of specific authority for the 

program or policy under title 10 or title 37, United States 

Code; and 

(2) notwithstanding any provision of such titles, or any rule 

or regulation prescribed under such provision, relating to 

methods of— 

(A) determining requirements for operational assignment stability; and 

(B) establishing programs to achieve greater stability 

when operational requirements so dictate. 

(c) WAIVER OF OTHERWISE APPLICABLE LAWS.—Except as provided in subsection (a), a provision of title 10 or title 37, United 

States Code, may not be waived with respect to, or otherwise determined to be inapplicable to, a program developed under subsection 

(a) without the approval of the Secretary of Defense. 

(d) NOTICE AND WAIT REQUIREMENT.—A program initiated under 

subsection (a) may not be implemented until— 

(1) the Secretary of the Defense submits to Congress— 

(A) a description of the program, including the purpose 

and the expected benefit to the Government; 


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63 

(B) a description of the provisions of titles 10, or 37, 

United States Code, from which the program would require a waiver, and the rationale to support the waiver; 

(C) a statement of the anticipated outcomes as a result 

of implementing the program; and 

(D) the method to be used to evaluate the effectiveness 

of the program. 

(e) DURATION OF DEVELOPED PROGRAM.—A program developed 

under subsection (a) may be provided for not longer than a threeyear period beginning on the implementation date, except that the 

Secretary of Defense may extend the period if the Secretary determines that additional time is needed to fully evaluate the effectiveness of the program. 

(f) REPORTING REQUIREMENTS.— 

(1) REPORT.—The Secretary shall submit to Congress an annual report on the program provided under subsection (a) during the preceding year, including— 

(A) a description of any programs developed and fielded 

under subsection (a) during that fiscal year; and 

(B) an assessment of the impact of the programs on the 

effectiveness and efficiency in achieving the United States 

mission in Afghanistan. 

(g) TERMINATION OF AUTHORITY.—Subject to subsection (e), the 

authority to carry out a program under this section expires on December 31, 2012. 

62. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESTAK

OF PENNSYLVANIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title VII (page 244, after line 8), insert 

the following new section: 

SEC. 708. TREATMENT OF AUTISM UNDER TRICARE. 

(a) IN GENERAL.—Section 1077 of title 10, United States Code, is 

amended— 

(1) in subsection (a), by adding at the end the following new 

paragraph: 

‘‘(18) In accordance with subsection (g), treatment of autism 

spectrum disorders.’’; and 

(2) by adding at the end the following new subsection: 

‘‘(g)(1) For purposes of subsection (a)(18), and to the extent that 

appropriated funds are available for the purposes of this subsection, treatment of autism spectrum disorders shall be provided 

if a health care professional determines that the treatment is medically necessary. Such treatment shall include the following: 

‘‘(A) Habilitative or rehabilitative care. 

‘‘(B) Pharmaceutical agents. 

‘‘(C) Psychiatric care. 

‘‘(D) Psychological care. 

‘‘(E) Speech therapy. 

‘‘(F) Occupational therapy. 

‘‘(G) Physical therapy. 

‘‘(H) Group therapy, if a health care professional determines 

it necessary to develop, maintain, or restore the skills of the 

beneficiary. 


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64 

‘‘(I) Any other care or treatment that a health care professional determines medically necessary. 

‘‘(2) Beneficiaries under the age of five who have developmental 

delays and are considered at-risk for autism may not be denied access to treatment described by paragraph (1) if a health care professional determines that the treatment is medically necessary. 

‘‘(3) The Secretary may not consider the use of applied behavior 

analysis or other structured behavior programs under this section 

to be special education for purposes of section 1079(a)(9) of this 

title. 

‘‘(4) In carrying out this subsection, the Secretary shall ensure 

that— 

‘‘(A) a person who is authorized to provide applied behavior 

analysis or other structured behavior programs is licensed or 

certified by a state, the Behavior Analyst Certification Board, 

or other accredited national certification board; and 

‘‘(B) if applied behavior analysis or other structured behavior 

program is provided by an employee or contractor of a person 

authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices 

in the field of behavior analysis and autism services. 

‘‘(5)(A) This subsection shall not apply to a medicare-eligible beneficiary. 

‘‘(B) Except as provided in subparagraph (A), nothing in this subsection shall be construed as limiting or otherwise affecting the 

benefits provided to a medicare-eligible beneficiary under— 

‘‘(i) this chapter; 

‘‘(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 

1395c et seq.); or 

‘‘(iii) any other law. 

‘‘(6) In this section: 

‘‘(A) The term ‘autism spectrum disorders’ includes autistic 

disorder, Asperger’s syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the 

Diagnostic and Statistical Manual of Mental Disorders. 

‘‘(B) The term ‘habilitative and rehabilitative care’ includes— 

‘‘(i) professional counseling; 

‘‘(ii) guidance service; 

‘‘(iii) treatment programs, including not more than 40 

hours per week of applied behavior analysis; and 

‘‘(iv) other structured behavior programs that a health 

care professional determines necessary to develop, improve, maintain, or restore the functions of the beneficiary. 

‘‘(C) The term ‘health care professional’ has the meaning 

given that term in section 1094(e)(2) of this title. 

‘‘(D) The term ‘medicare-eligible’ has the meaning given that 

term in section 1111(b) of this title.’’. 

(b) REGULATIONS.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary of Defense shall prescribe such 

regulations as may be necessary to carry out section 1077(a)(18) of 

title 10, United States Code, as added by subsection (a). 

(c) FUNDING.— 

(1) FUNDING INCREASE.—The amount otherwise provided by 

section 1403 for TRICARE funding is hereby increased by 


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65 

$50,000,000 to provide funds to carry out section 1077(a)(18) of 

title 10, United States Code, as added by subsection (a). 

(2) OFFSETTING REDUCTION.— 

Reduce the amount of Operation and Maintenance, Army, by 

$25,000,000, to be derived from the Service-wide Communications. 

Reduce the amount of Operations and Maintenance, Navy, by 

$15,000,000, to be derived from Service-wide Communications. 

Reduce the amount of Research Development Test & Evaluation, 

by $10,000,000, to be derived from Advanced Aerospace Systems 

Integrated Sensor IS Structure, PE 68286E. 

63. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title III (page 94, after line 2), add 

the following new section: 

SEC. 316. PROHIBITION ON DISPOSING OF WASTE IN OPEN-AIR BURN 

PITS. 

(a) IN GENERAL.—The Secretary of Defense shall prohibit the disposal of covered waste in an open-air burn pit during a contingency 

operation lasting longer than one year. 

(b) REGULATIONS.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this section. 

(c) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report 

on the use of open-air burn pits in contingency operations. The report shall include— 

(1) a description of each type of waste burned in such openair burn pits; and 

(2) a discussion of the feasibility of alternative methods of 

disposing of covered waste, including— 

(A) a plan to use such alternative methods; or 

(B) if the Secretary determines that no such alternative 

method is feasible, a detailed discussion explaining why 

open-air burn pits are the only feasible method of disposing of such waste. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘contingency operation’’ has the meaning given 

that term by section 101(a)(13) of title 10, United States Code. 

(2) The term ‘‘covered waste’’ includes— 

(A) hazardous waste, as defined by section 1004(5) of the 

Solid Waste Disposal Act (42 U.S.C. 6903(5)); 

(B) medical waste; and 

(C) solid waste containing plastic. 

64. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

BLUMENAUER OF OREGON, OR HIS DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle B of title III (page 94, after line 2), insert 

the following new section: 


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66 

SEC. 316. MILITARY MUNITIONS RESPONSE SITES. 

(a) INFORMATION SHARING.—Section 2710(a)(2)(B) of title 10, 

United States Code, is amended by inserting ‘‘, county,’’ after ‘‘identification of the State’’. 

(b) MILITARY MUNITIONS RESPONSE PROGRAM AND INSTALLATION

RESTORATION PROGRAM.—The Secretary of Defense shall— 

(1) as part of the Secretary’s annual budget submission to 

Congress, include the funding levels requested for Military Munitions Response Program and Installation Restoration Program; and 

(2) evaluate and report on the progress of such programs in 

the Defense Environmental Program’s Annual Report to Congress. 

65. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTOR

OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title VI (page 230, after line 22), add the following 

new section: 

SEC. 665. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO 

MEMBERS OF THE ARMED FORCES SERVING IN CERTAIN 

OVERSEAS OPERATIONS AND HOSPITALIZED MEMBERS. 

(a) AVAILABILITY OF POSTAL BENEFITS.—The Secretary of Defense, in consultation with the United States Postal Service, shall 

provide for a program under which postal benefits are provided 

during fiscal year 2010 to qualified individuals in accordance with 

this section. 

(b) QUALIFIED INDIVIDUAL.—In this section, the term ‘‘qualified 

individual’’ means a member of the Armed Forces described in subsection (a)(1) of section 3401 of title 39, United States Code, who 

is entitled to free mailing privileges under such section. 

(c) POSTAL BENEFITS DESCRIBED.— (1) VOUCHERS.—The postal benefits provided under the program shall consist of such coupons or other similar evidence of 

credit (in this section referred to as a ‘‘voucher’’) to permit a 

person possessing the voucher to make a qualified mailing to 

any qualified individual without charge using the Postal Service. The vouchers may be in printed, electronic, or such other 

format as the Secretary of Defense, in consultation with the 

Postal Service, shall determine to be appropriate. 

(2) QUALIFIED MAILING.—In this section, the term ‘‘qualified 

mailing’’ means the mailing of a single mail piece which— 

(A) is first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight 

and having the character of personal correspondence or 

parcel post not exceeding 15 pounds in weight; 

(B) is sent from within an area served by a United 

States post office; and 

(C) is addressed to any qualified individual. 

(3) COORDINATION RULE.—Postal benefits under the program 

are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting 

from the application of section 3401(b) of title 39, United 

States Code. 


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67 

(d) NUMBER OF VOUCHERS.—A member of the Armed Forces shall 

be eligible for one voucher for every month (or part of a month) 

during fiscal year 2010 in which the member is a qualified individual. Subject to subsection (f)(2), a voucher earned during fiscal 

year 2010 may be used after the end of such fiscal year. 

(e) TRANSFER OF VOUCHERS.—A qualified individual may transfer 

a voucher to a member of the family of the qualified individual, a 

nonprofit organization, or any other person selected by the qualified individual for use to send qualified mailings to the qualified 

individual or other qualified individuals. 

(f) LIMITATIONS ON USE; DURATION.—A voucher may not be 

used— 

(1) for more than one qualified mailing, whether that mailing 

is a first-class letter or a parcel; or 

(2) after the expiration date of the voucher, as designated by 

the Secretary of Defense. 

(g) REGULATIONS.—Not later than 30 days after the date of the 

enactment of this Act, the Secretary of Defense (in consultation 

with the Postal Service) shall prescribe such regulations as may be 

necessary to carry out the program, including— 

(1) procedures by which vouchers will be provided or made 

available in timely manner to qualified individuals; and 

(2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d). 

(h) TRANSFERS OF FUNDS TO POSTAL SERVICE.— 

(1) BASED ON ESTIMATES.—The Secretary of Defense shall 

transfer to the Postal Service, out of amounts available to 

carry out the program and in advance of each calendar quarter 

during which postal benefits may be used under the program, 

an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or 

increased (as the case may be) by any amounts by which the 

Secretary finds that a determination under this subsection for 

a prior quarter was greater than or less than the amount finally determined for such quarter. 

(2) BASED ON FINAL DETERMINATION.—A final determination 

of the amount necessary to correct any previous determination 

under this section, and any transfer of amounts between the 

Postal Service and the Department of Defense based on that 

final determination, shall be made not later than six months 

after the expiration date of the final vouchers issued under the 

program. 

(3) CONSULTATION REQUIRED.—All estimates and determinations under this subsection of the amount of postal benefits 

under the program used in any period shall be made by the 

Secretary of Defense in consultation with the Postal Service. 

(i) FUNDING.— 

(1) FUNDING SOURCE AND LIMITATION.—In addition to the 

amounts authorized to be appropriated in section 301(1) for operation and maintenance for Army for fiscal year 2010, 

$50,000,000 is authorized to be appropriated for postal benefits 

provided in the this section 


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68 

(2) OFFSETTING REDUCTION.—Funds authorized to be appropriated in section 301 in fiscal year 2010 for operation and 

maintenance are reduced as follows: 

(A) For operation and maintenance for the Army, Army 

Claims is reduced by $10,000,000. 

(B) For operation and maintenance for the Navy, System-Wide Navy Communications is reduced by 

$10,000,000. 

(C) For operation and maintenance for the Air Force, 

System-Wide Air Force Communications is reduced by 

$30,000,000. 

66. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE

MCDERMOTT OF WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of subtitle C of title XII of the bill, add the following 

new section: 

SEC. 12xx. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE 

CONTROL OF ARMED GROUPS IN DEMOCRATIC REPUBLIC 

OF THE CONGO. 

(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, shall, consistent with the recommendation from the United Nations Group of Experts on the Democratic 

Republic of the Congo in their December 2008 report, work with 

other member states of the United Nations and local and international nongovernmental organizations— 

(1) to produce a map of mineral-rich zones and areas under 

the control of armed groups in the Democratic Republic of the 

Congo; and 

(2) to make such map available to the public. 

The map required under this subsection shall be known as the 

‘‘Congo Conflict Minerals Map’’. Mines located in areas under the 

control of armed groups in the Democratic Republic of the Congo, 

as depicted on the Congo Conflict Minerals Map, shall be known 

as ‘‘conflict zone mines’’. 

(b) UPDATES.—The Secretary of Defense, in consultation with the 

Secretary of State, shall update the map required by subsection (a) 

not less frequently than once every 180 days until the Secretary of 

Defense certifies that no armed party to any ongoing armed conflict 

in the Democratic Republic of the Congo or any other country is involved in the mining, sale, or export of columbite-tantalite, cassiterite, wolframite, or gold, or the control thereof, or derives benefits from such activities. 

67. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SCHIFF OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 86, after line 16, insert the following new section: 


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SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED 

TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS. 

Section 217(f)(1) of the National Defense Authorization Act for 

Fiscal Year 1995 (Public Law 103–337; 108 Stat 2695) is amended 

by adding at the end the following new subparagraph: 

‘‘(C) A federally funded research and development center of the 

National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with 

the terms and conditions of such program, for activities including, 

but not limited to, those conducted by the center under contract 

with or on behalf of the Department of Defense or through transfer 

of funds from the Department of Defense to the National Aeronautics and Space Administration.’’. 

68. AN AMENDMENT TO BE OFFERED BY DELEGATE BORDALLO OF

GUAM, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

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

TITLE XVI—GUAM WORLD WAR II 

LOYALTY RECOGNITION ACT 

SEC. 1601. SHORT TITLE. 

This title may be cited as the ‘‘Guam World War II Loyalty Recognition Act’’. 

SEC. 1602. 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. 1603. 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 1606(a), 

after receipt of certification pursuant to section 1604(b)(8) and in 


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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 sub- section (c)(2)(A), $15,000. 

(B) If the victim is not described in subparagraph (A) 

but has suffered an injury described in subsection (c)(2)(B), 

$12,000. 

(C) If the victim is not described in subparagraph (A) or 

(B) but has suffered an injury described in subsection 

(c)(2)(C), $10,000. 

(2) SURVIVORS OF RESIDENTS WHO DIED IN WAR.—In the case 

of a compensable Guam decedent, the Secretary shall pay 

$25,000 for distribution to eligible survivors of the decedent as 

specified in subsection (b). The Secretary shall make payments 

under this paragraph after payments are made under paragraph (1) and before payments are made under paragraph (3). 

(3) SURVIVORS OF DECEASED INJURED RESIDENTS.—In the 

case of a compensable Guam victim who is deceased, the Secretary shall pay $7,000 for distribution to eligible survivors of 

the victim as specified in subsection (b). The Secretary shall 

make payments under this paragraph after payments are 

made under paragraphs (1) and (2). 

(b) DISTRIBUTION OF SURVIVOR PAYMENTS.—Payments under 

paragraph (2) or (3) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent or a compensable 

Guam victim who is deceased shall be made as follows: 

(1) If there is living a spouse of the individual, but no child 

of the individual, all of the payment shall be made to such 

spouse. 

(2) If there is living a spouse of the individual and one or 

more children of the individual, one-half of the payment shall 

be made to the spouse and the other half to the child (or to 

the children in equal shares). 

(3) If there is no living spouse of the individual, but there 

are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal 

shares). 

(4) If there is no living spouse or child of the individual but 

there is a living parent (or parents) of the individual, all of the 

payment shall be made to the parents (or to the parents in 

equal shares). 

(5) If there is no such living spouse, child, or parent, no payment shall be made. 

(c) DEFINITIONS.—For purposes of this title: 

(1) COMPENSABLE GUAM DECEDENT.—The term ‘‘compensable 

Guam decedent’’ means an individual determined under section 1604(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 


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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 

1604(a)(1) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during 

World War II, or incident to the liberation of Guam by United 

States military forces, any of the following: 

(A) Rape or severe personal injury (such as loss of a 

limb, dismemberment, or paralysis). 

(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). 

(C) Forced march, internment, or hiding to evade internment. 

(3) DEFINITIONS OF SEVERE PERSONAL INJURIES AND PERSONAL INJURIES.—The Foreign Claims Settlement Commission 

shall promulgate regulations to specify injuries that constitute 

a severe personal injury or a personal injury for purposes of 

subparagraphs (A) and (B), respectively, of paragraph (2). 

SEC. 1604. 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 1603. 

(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 1603 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 1603 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, 


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amounts previously paid under the Guam Meritorious Claims 

Act of 1945 (Public Law 79–224). 

(5) INTEREST.—No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission. 

(6) REMUNERATION PROHIBITED.—No remuneration on account of representational services rendered on behalf of any 

claimant in connection with any claim filed with the Foreign 

Claims Settlement Commission under this title shall exceed 

one percent of the total amount paid pursuant to any payment 

certified under the provisions of this title on account of such 

claim. Any agreement to the contrary shall be unlawful and 

void. Whoever demands or receives, on account of services so 

rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or 

imprisoned not more than 12 months, or both. 

(7) APPEALS AND FINALITY.—Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to 

the Commission, and upon rehearing, the decision in each 

claim shall be final, and not subject to further review by any 

court or agency. 

(8) CERTIFICATIONS FOR PAYMENT.—After a decision approving a claim becomes final, the chairman of the Foreign Claims 

Settlement Commission shall certify it to the Secretary of the 

Treasury for authorization of a payment under section 1603. 

(9) TREATMENT OF AFFIDAVITS.—For purposes of section 1603 

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 1603(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 1603 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. 

(11) PENALTY FOR FALSE CLAIMS.—The provisions of section 

1001 of title 18 of the United States Code (relating to criminal 

penalties for false statements) apply to claims submitted under 

this subsection. 

SEC. 1605. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF 

GUAM DURING WORLD WAR II. 

(a) ESTABLISHMENT.—Subject to section 1606(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 


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73 

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. 1606. AUTHORIZATION OF APPROPRIATIONS. 

(a) GUAM WORLD WAR II CLAIMS PAYMENTS AND ADJUDICATION.—For purposes of carrying out sections 1603 and 1604, 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 1605, there are authorized to be appropriated 

$5,000,000, to remain available for obligation until September 30, 

2013. 

69. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

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

SEC. 830. 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.’’. 

Æ 


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