On Tuesday, May 24, 2011, the House began consideration of H.R. 1540, the National Defense Authorization Act for Fiscal Year 2012, under a rule providing for general debate. The initial rule for consideration of H.R. 1540 (H.Res. 269) provided for one hour of general debate, equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services. On May 25, 2011, a subsequent rule was approved to provide for complete consideration of the bill. The rule makes 152 amendments in order and provides for one motion to recommit with or without instructions.
The bill was introduced by Rep. Buck McKeon (R-CA) on April 14, 2011, and referred to the Committee on Armed Services. The committee held a mark-up on May 11, 2011 and reported the bill as amended by a vote of 60-1. For a complete summary of the underlying legislation, please see the Legislative Digest for May 24, 2011.
Under the rule, the following 152 amendments are made in order. Each amendment is debatable for ten minutes.
Amendment No. 1—Rep. Wittman (R-VA): The amendment would allow the Secretary of the Navy to use available appropriations to enter into multiyear contracts to initiate major construction of Ford-class aircraft carries and for the construction of major components related to such carriers. In entering into construction contracts, the Secretary would be required to select a contract that will result in the lowest cost to the U.S. In addition, the amendment would stipulate that any payment obligation for the construction of the carriers after FY 2012 would be subject to the availability of funds from that fiscal year.
Amendment No. 2—Rep. Woolsey (D-CA): The amendment would eliminate the availability of funds for the procurement of the V-22 Osprey aircraft. The amendment would eliminate $2.2 billion in aircraft procurement.
Amendment No. 3—Rep. Tonko (D-NY): The amendment would require the Secretary of Defense to ensure that RNA biological science technology is used for research in which RNA may be potentially therapeutic for infectious diseases employed by terrorists, memory disorders, rare diseases, and disease affecting military readiness.
Amendment No. 4—Rep. Hayworth (R-NY): The amendment would express the sense of Congress that active matrix organic light emitting diode (OLED) technology displays have the potential to reduce the size and energy consumption of systems used by the Armed Forces. The amendment would also express the sense that the U.S. has a limited OLED manufacturing industry and that the Secretary of Defense should use existing programs to support the reduction of the costs and risks related to OLED manufacturing technologies.
Amendment No. 5—Rep. Schiff (D-CA): The amendment would require the Secretary of Defense to submit a report to applicable Congressional committees containing a health assessment of open-air burn pits used to dispose of waste. The report would have to include a description of the health risks associated with being exposed to open-air burn pits and a review of the methodology used to determine the health risks. The report would have to be completed within 180 days of enactment of the bill.
Amendment No. 6—Rep. Carter (R-TX): The amendment would expand present military whistleblower protections from retaliatory personnel actions to include communications of Ideologically based threats or actions of another member that the member providing the information reasonably believes could be counterproductive or detrimental to U.S. interests or security.
Amendment No. 7—Rep. Miller (R-MI), Rep. Rahall (D-WV): The amendment would stipulate that the Chief of the National Guard Bureau shall serve as an advocate and liaison for the National Guard of each state and territory and inform those National Guards of all actions that could affect their missions. In addition, the amendment would instate the Chief of the National Guard Bureau as a member of the Joint Chiefs of Staff with the specific responsibility of advocating for the National Guards of the States.
Amendment No. 8—Rep. Schock (R-IL): The amendment would allow a service member with minor dependants and a spouse who is also a member of the Armed Forces deployed in an area for which imminent danger pay is authorized to request a deferment of deployment until their spouse’s deployment is complete. The Secretary of the applicable military department would be required to approve a request under such circumstances.
Amendment No. 9—Rep. Baca (D-CA): The amendment would require the Secretary of Defense to enhance the Department of Defense’s suicide prevention information and resources for members of the Armed Forces. Specifically, the bill would require the Secretary to develop suicide prevention resources with the Secretary of Veterans Affairs, the National Institute of Mental Health, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. The Secretaries of the Armed Forces would be required to establish a basic training component on suicide prevention. The amendment would provide $5 million in funding for carrying out suicide prevention training and resources and reduce Air Force procurement by a corresponding amount.
Amendment No. 10—Rep. Cohen (D-TN): The amendment would insert the text of H.R. 1046, Honor the Written Intent of our Soldier Heroes Act (Honor the WISH Act) into the text of the underlying bill. H.R. 1046 would include, as a person authorized to direct disposition of the remains of a member of the Armed Forces who dies while on active duty, the person identified by the decedent on the record of emergency data maintained by the Secretary of the military department concerned as the Person Authorized to Direct Disposition, regardless of the relationship of the designee to the decedent.
Amendment No. 11—Rep. Becerra (D-CA): The amendment would provide $4.2 million to expand diversity recruitment efforts for the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy and reduce funding for the Joint Tactical Radio System by a corresponding amount.
Amendment No. 12—Rep. Hunter (R-CA): The amendment would require the Secretary of Defense to establish a pilot program to assess the feasibility of awarding scholarships to military children with special education needs. The Secretary of Defense would be required to commence carrying out the pilot program beginning with the 2012-2013 academic year. The program would allow eligible children to use the scholarship at public, private, and charter schools. The amount of the scholarship would be the lesser of the total cost of tuition or $7,500 annually. The scholarship would be available to approximately 250 children under the pilot program. The Secretary would be required to report the implementation of the pilot program no later than September 30, 2013 and issue a final report on the program by September 30, 2016. The program would require the Secretary to obligate $10 million from Defense-wide operations to carry out the program. The amendment would reduce funding for the Mission Force Enhancement Transfer Fund by a corresponding amount.
Amendment No. 13—Rep. McNerney (D-CA): The amendment would express the sense of Congress that “the Secretary of Defense should work with the Consumer Financial Protection Bureau to ensure coordination with the Office of Service Member Affairs to provide financial counseling for members of the Armed Forces and their families.”
Amendment No. 14—Reps. McNerney (D-CA), Rahall (D-WV), Young (R-AK): The amendment would strike section 591 from the underlying bill, which sets limitations on authority to provide support and services for certain organizations and activities outside Department of Defense. In its current form, the bill would limit any support for non-Defense Department training missions to $10 million. The amendment would eliminate this section and authorize the Secretary to obligate up to $20 million during fiscal year 2012 or any fiscal year thereafter to provide support and services to non-Department of Defense organizations for civilian, military training activities.
Amendment No. 15—Rep. King (R-NY): The amendment would require the Secretary of Defense to establish a program for members of the Armed Forces on active duty and serving in Iraq or Afghanistan or hospitalized at a facility under the jurisdiction of the Armed Forces to receive one-free postal voucher per month transferable to others to send packages to the soldiers at no cost. The bill would provide $12 million for the Secretary to carry out this program and would reduce funding for the Joint Tactical Radio System, Ground Mobile Radio Program, by a corresponding amount.
Amendment No. 16—Rep. Ruppersberger (D-MD): The amendment would authorize the Secretary of Defense to provide United States Central Command Rest and Recuperation benefits to U.S. Armed Forces assigned to the Egypt Multi-National Force and Observers Mission for at least 270 days. The amendment would authorize the transfer of $4 million from the Mission Force Enhancement Transfer Fund to fund additional costs and reduce for the Joint Tactical Radio System, Maritime-Fixed radios, by $5 million.
Amendment No. 17—Rep. Carter (R-TX): The amendment would deem any member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009, as a service member killed or wounded in a combat zone. According to the sponsor, this amendment would make such victims eligible for combat-related benefits, compensations, and awards. The amendment would not apply to a member of the Armed Forces whose death or wound as described in that subsection is the result of the willful misconduct of the member (i.e. the perpetrator).
Amendment No. 18—Rep. Boswell (D-IA): The amendment would allow the Secretary of Defense to use amounts retained in the bill for an enhanced commissary stores pilot program to support substance abuse prevention programs for patrons of the store, “On account of the types of merchandise authorized to be sold in an enhanced commissary store.”
Amendment No. 19—Rep. Carson (D-IN): The amendment would require the Secretary of Defense to provide a person-to-person mental health assessment for each member of the armed forces who is deployed in support of an overseas contingency operation. The assessment would not be required if the Secretary determines that the member was not subjected or exposed to operational risk factors during deployment or that providing such would remove the member from forward deployment would remove the member from forward deployment. No mental health assessment is required to be provided to an individual after the individual’s discharge or release from the armed forces.
Amendment No. 20—Rep. Boswell (D-IA): The amendment would require the Secretary of Defense and the Secretary of Veterans Affairs to conduct a joint study on the incidence of breast cancer among members of the Armed Forces and veterans. The report would be required to consider factors including race, age, exposure to hazardous agents, locations of duty, and the geographic area of residence prior to their service. The report would have to be submitted to the Congress within 18 months. The amendment would also increase funding for the Defense health Program by $10 million and reduce funding for Navy procurement by $8.8 million and funding for Air Force procurement by $1.2 million.
Amendment No. 21—Rep. Sessions (R-TX): The amendment would require the Secretary of Defense and the Secretary of Veterans Affairs to establish a new pilot program through which each Secretary shall provide payment for treatments of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces within health facilities other than those operated by the military. Any treatment paid for by either Secretary must be approved by an institutional review board and the patient receiving the treatment must demonstrate an improvement as a result of the treatment. Either Secretary would have to make the payment within 30 days of a submission by the Armed Forces member or veteran that the treatment had been received. A payment under this amendment would be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. The program would terminate five year after enactment of the bill. The amendment would increase funding for the Secretary of Defense and the Secretary of Veterans Affairs by $10 million to carry out the program and reduce funding for Army procurement by a corresponding amount.
Amendment No. 22—Reps. Pascrell (D-NJ), Platts (R-PA): The amendment would require the Secretary of Defense to transfer the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury from the TRICARE Management Activity to a military department, as determined by the Secretary. Not later than 180 days after the date of the enactment, the Secretary shall notify the congressional defense committees of the plan, including the military department determined by the Secretary. According to the sponsors, this amendment “Would recognize a February GAO report on the weakness of the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury (DCoE) and its poor management.”
Amendment No. 23—Reps. Pascrell (D-NJ),Platts (R-PA): The amendment would require the Secretary of Defense to submit a report to the congressional defense committees within 180 days of enactment to explain how the Secretary will identify, refer, and treat traumatic brain injuries with respect to members of the Armed Forces who served in Operation Enduring Freedom or Operation Iraqi Freedom before the date in June, 2010, on which the memorandum regarding using a 50-meter distance from an explosion as a criterion to properly identify, refer, and treat members for potential traumatic brain injury took effect.
Amendment No. 24—Reps. Sarbanes (D-MD),Hanabusa (D-HI),Langevin (D-RI), Loebsack (D-IA), Reyes (D-TX): The amendment would strike section 937 of from the underlying bill. The section lifts the temporary suspension of Department of Defense public-private competitions that was included in the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84). That legislation temporarily suspended the authority to initiate public-private competitions until the Secretary of Defense provided a report to Congress on the conduct of such competitions and certified compliance with certain statutory requirements. Section 937 would eliminate the compliance certification and lift the suspension 30 days after receipt by Congress of the Secretary of Defense report, and after an assessment of the report is conducted by the Comptroller General of the United States.
Amendment No. 25—Rep. Murphy (D-CT): The amendment would stipulate that the head of agency, when soliciting for a competitive proposal, must state that the agency may consider information included by the offeror related to the effects of the potential contract on employment. The “jobs impact statement” may include the number of jobs created or retained by the contract and guarantee that the jobs will not be moved outside the U.S. The Secretary of Defense would be required to submit a report on the use of jobs impact statements in determining competitive contract awards.
Amendment No. 26—Rep. Maloney (D-NY): The amendment would require the Secretary of Defense to publish information on a publicly available website submitted by senior Department of Defense officials seeking employment with defense contractors pursuant to Section 847 of P.L. 110-181 the National Defense Authorization Act for Fiscal Year 2008.
Amendment No. 27—Rep. Cole (R-OK): The amendment would prohibit an executive agency from requiring an entity submitting an offer for a federal contract to disclose any contribution payment for an electioneering communication to a candidate for federal offices or to a political committee as a condition of submitting an offer.
Amendment No. 28—Rep. Garamendi (D-CA): The amendment would direct the Secretary of Defense to require each contractor performing a prime contract at a military installation in the U.S. to set aside 40 percent, by dollar value, of its subcontracting work for local qualified subcontractors. A subcontractor would be considered local if its headquarters is within 60 miles of the military installation.
Amendment No. 29—Rep. Waters (D-CA): The amendment would require the Secretary of Defense, when deciding on a contract award, to give preference to any offeror that:
Amendment No. 30—Rep. Himes (D-CT): The amendment would require that any savings realized from shifting to civilian employees from contractors within the Department of Defense be directed towards deficit reduction.
Amendment No. 31—Rep. Jackson Lee (D-TX): The amendment would prohibit the Secretary of Defense from converting a function performed on a military base by Department of Defense civilian employees to a performance based contract until the Secretary conducts an outreach program to benefit small businesses owned by women and economically disadvantage individuals.
Amendment No. 32—Rep. Andrews (D-NJ): The amendment would temporarily suspend the implementation and enforcement of workforce management and sourcing policies pursuant to the DOD’s “efficiency initiative” until a report is submitted by the Secretary of Defense describing policies that ensure performance decision are based on law, risk and cost.
Amendment No. 33—Reps. Barbara Lee (D-CA),Stark (D-CA): The amendment would reduced the amount of authorized funds to the level authorized for fiscal year 2008, with the exception of funding for Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense and The Defense Health Program.
Amendment No. 34—Rep. Hayworth (R-NY): The amendment would express the sense of Congress that:
Amendment No. 35—Rep. Cuellar (D-TX): The amendment would express the sense of Congress that:
The amendment would also require the Secretary of Defense to brief Congress on the ongoing collaborative programs with the government of Mexico within 90 days of enactment.
Amendment No. 36—Rep. Hunter (R-CA): The amendment would “strongly encourage” the Secretary of the Navy to the name the next available naval vessel after U.S. Marine Corps Sergeant Rafael Peralta. According to the sponsor’s office, Sergeant Peralta, who grew up in Southeast San Diego, was nominated for the Medal of Honor for smothering a grenade with his body during combat in Fallujah, Iraq. He was posthumously awarded the Navy Cross instead. A team of specialists, which included pathologists and other experts, conducted an investigation at the direction of the Secretary of Defense and determined that Peralta did not consciously pull the grenade into his body. This conclusion contradicts the eye-witness accounts of the Marines fighting alongside Peralta, as well as the recommendation put forward by Marine Corps leadership. There have been 11 instances, going back to 1989, where Congress has included in legislation that was signed into law how a Navy ship should be named.
Amendment No. 37—Rep. Richmond (D-LA): The amendment would prohibit the Secretary of Defense from making any restructuring incentive payments to a contractor related to the restructuring or closure of the shipyard manufacturing complex located in Avondale, Louisiana.
Amendment No. 38—Rep. Mica (R-FL): The amendment would require the Secretary of Defense to ensure that the rules of engagement applicable to the Armed Forces assigned to duty in a hostile fire area fully protect the service members’ right to bear arms and authorizes the service members to fully defend themselves from hostile actions.
Amendment No. 39—Rep. Flake (R-AZ): The amendment would express the sense of Congress that the deployment of National Guard personnel along the southwestern border of the U.S. for the purposes of assisting Customs and Border Protection in securing the international border between the U.S. and Mexico should continue through the end of fiscal year 2011.
Amendment No. 40—Rep. Flake (R-AZ): The amendment would repeal the establishment of the National Drug Intelligence Center.
Amendment No. 41—Rep. Schakowsky (D-IL): The amendment would prohibit funds for the Department of Defense from exceeding fiscal year 2011 levels until such time as the Department of Defense is certified by the Inspector General of the Department of Defense or an independent public accountant as achieving “an unqualified audit opinion.” The amendment would authorize the President to waive the prohibition and would exclude overseas contingency spending and military personnel pay and benefits.
Amendment No. 42—Rep. Smith (D-WA): The amendment would alter Section 1039 of the underlying bill, which prohibits the transfer of individuals detained at Guantanamo Bay to the U.S. The amendment would allow the transfer of detainees to the U.S. and would strike language barring the transfer of detainees held abroad to the US. In order to transfer detainees to the U.S., the amendment would require certification by the Attorney General prior to transfer and an assessment and plan from the President.
Amendment No. 43—Rep. Buchanan (R-FL): The amendment would stipulate that after the date of enactment of this legislation, any foreign national who engages in conduct constituting terrorism against the U.S. shall be tried for that offense only by a military commission.
Amendment No. 44—Rep. Hanabusa (D-HI): The amendment would prohibit an individual who was detained at Guantanamo Bay and repatriated to the Federated States of Micronesia, the Republic of Palau, from being afforded the rights and benefits of the Compact of Free Association.
Amendment No. 45—Rep. Hanabusa (D-HI): The amendment would require the Secretary of Defense to determine and make publically available the programs funded through the Overseas Contingency Operations accounts during the past five years that are unnecessary or unwanted.
Amendment No. 46—Rep. Tierney (D-MA): The amendment would state that, “The City of Salem, Massachusetts, the site of the first muster of a militia regiment in 1637 in what became the United States, is hereby recognized as the Birthplace of the National Guard.”
Amendment No. 47—Rep. Maloney (D-NY): The amendment would clarify that data files containing military flight operations “that would reveal flight patterns, tactical techniques, or tactical procedures” are exempt from disclosure under the Freedom of Information Act.
Amendment No. 48—Reps. Mack (R-FL),Bilirakis (R-FL): The amendment would make changes to the language of the Sunken Military Craft Act (P.L. 108–375) and clarify that a sunken military craft would be defined as a covered vessel only when on military, non-commercial service when it sank.
Amendment No. 49—Langevin (D-RI): The amendment would establish an office known as the “National Office for Cyberspace.” The Office would have a director, a board, and would be authorized to hire and pay staff. In general, the Office would be responsible for developing and overseeing the implementation of policies, principles, standards, and guidelines on information security. The Office would develop standards and guidelines with agencies and offices operating or exercising control of national security systems. According to the sponsor, that amendment would “coordinate federal information security policy through the creation of a National Office for Cyberspace, updating information security management practices, and establishing measures for the protection of critical infrastructure from cyber attacks.” The amendment would offset the cost of the Office by reducing Department of Defense Operations and Maintenance funding by $1.5 billion.
Amendment No. 50—Amash (R-MI), Lee (D-CA), Conyers (D-MI), Jones (R-NC), Nadler (D-NY), Paul (R-TX): The amendment would strike section 1034 from the underlying bill. Section 1034 states Congress affirmation that the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces, those entities continue to pose a threat to the United States and its citizens, and that the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban.
Amendment No. 51—Reps. Rogers (R-MI), LoBiondo (R-NJ): The amendment would require the exhumation and transfer of the remains of 13 deceased members of the Armed Forces buried in Tripoli, Libya (killed during the First Barbary Way in 1804). The amendment would require that such remains be identified, transported to a veterans’ cemetery, and honored with a military funeral and burial. The amendment would require any unidentified remains to be transported to Arlington National Cemetery for interment at the Tomb of the Unknowns. The amendment would require the Secretary to transfer and honor these remains using existing appropriations, and at the conclusion of the current NATO mission in Libya.
Amendment No. 52—Rep. Campbell (R-CA): The amendment would terminate the Joint Safety Climate Assessment System of the Department of Defense.
Amendment No. 53—Rep. Campbell (R-CA): The amendment would terminate the Human, Social, and Culture Behavior (HSCB) Modeling program at the Department of Defense.
Amendment No. 54—Rep. Campbell (R-CA): The amendment would reduce the baseline number of civilian employees at the Department of Defense by one percent every year for the next five years.
Amendment No. 55—Reps. McGovern (D-MA), Amash (R-MI), Cicilline (D-RI), Jones (R-NC), Lewis (D-GA), Paul (R-TX), and Welch (D-VT): The amendment would require the President to report to Congress a plan with a timeframe and completion date for the accelerated transition of U.S. military and security operations in Afghanistan to the Government of Afghanistan (including operations involving military and security related contractors). The amendment would also require the President report to Congress a plan with a timeframe to pursue and conclude negotiations leading to a political settlement and reconciliation of the internal conflict in Afghanistan. The amendment would require such negotiations include the Government of Afghanistan, all “interested parties” within Afghanistan, and “with the observance and support of representatives of donor nations active in Afghanistan.”
The amendments would also require the Director of National Intelligence submit to the President and Congress a new National Intelligence Estimate on the leadership, locations, and capabilities of al-Qaeda and its affiliated networks and cells.
Amendment No. 56—Reps. Chaffetz (R-UT), Welch (D-VT): The amendment would require U.S. ground troops to withdraw from Afghanistan, leaving just those who are involved in small, targeted counter-terrorism operations. The amendment would also require the Secretary of Defense to submit a withdrawal plan to Congress within 60 days of enactment.
Amendment No. 57—Rep. Davis (D-CA): The amendment would prohibit any more than 75 percent of amounts made available to the Afghanistan Infrastructure Fund to be used to provide assistance to the Government of Afghanistan until the Secretary of Defense and Secretary of State determine and certify to Congress that women in Afghanistan are an integral part of the reconciliation process between the Afghan Government and the Taliban.
Amendment No. 58—Rep. Garrett (R-NJ): The amendment would clarify that the U.S. Congress has not authorized military actions in Libya upon adoption of the National Defense Authorization Act for Fiscal Year 2012.
Amendment No. 59—Rep. Rohrabacher (R-CA): The amendment would give the authority to the President to remove satellites and related components from the U.S. Munitions List and make them available to foreign nations. This amendment would, however, also continue the ban on sending such items and technology to China, its allies, Burma, North Korea, Pakistan, Venezuela, or terrorist-supporting states as under current law.
Amendment No. 60—Rep. Polis (D-CO): The amendment would limit the number of troops stationed in Europe to 30,000 and would reduce overall end strength levels by 10,000 a year over the next five years. The amendment would provide certain exceptions, including a declaration of war.
Amendment No. 61—Reps. Conyers (D-MI), Clarke (D-NY), Cohen (D-TN), Duncan (R-SC), Farr (D-CA), Grujalva (D-AZ), Honda (D-CA), Johnson (D-GA), Johnson (R-IL), Jones (R-NC), Kucinich (D-OH), Lee (D-CA), McClintock (R-CA), Miller (D-CA), Stark (D-CA), Tonko (D-NY), Welch (D-VT), Woolsey (D-CA): The amendment would prevent funds authorized in the Act from being used by Members of the Armed Forces or private security contractors to engage in combat operations or establish a presence on the ground in Libya, unless the purpose of the presence is to rescue a Member of the Armed Forces from imminent danger.
Amendment No. 62—Rep. Flake (R-AZ): The amendment would eliminate funds ($348,256,000) for the Mission Force Enhancement Transfer Fund.
Amendment No. 63—Rep. Ellison (D-MN): The amendment would strike section 1604, Budget Item Relating to LHA–7 Ship Program.
Amendment No. 64—Rep. Loretta Sanchez (D-CA): The amendment would reduce the funding for Ground-based Midcourse Defense systems by $100,000,000.
Amendment No. 65—Rep. Quigley (D-IL): The amendment would reduce the funding for Research, Development, Test and Evaluation by 10 percent throughout DOD.
Amendment No. 66—Rep. Southerland (R-FL): The amendment would prevent limitations on the implementation of consolidation of Air and Space Operations until the Secretary of the Air Force submits a notice to Congress.
Amendment No. 67—Rep. Young (R-AK): The amendment would require the Secretary to seek to utilize, to the maximum extent possible, community housing currently located on federal land under long-term lease before it is replaced with new construction of on-base housing.
Amendment No. 68—Reps. Young (R-AK), Bordallo (D-GU): The amendment would require the Secretary of Defense to submit a report and assessment to Congress regarding the infrastructure needs of DOD designated ports.
Amendment No. 69—Reps. Young (R-AK), Bordallo (D-GU): The amendment would authorize the appropriation of $100,000,000 for infrastructure and improvements at DOD designated strategic ports.
Amendment No. 70—Rep. Petri (R-WI): The amendment would clarify that solar energy is considered a renewable energy source.
Amendment No. 71—Rep. Wilson (R-SC): The amendment would direct the Secretary of Energy, the Secretary of Defense and the Administrator for Nuclear Security to work in coordination to ensure the nuclear waste repository located at Yucca Mountain, Nevada, remains available for the disposal of high-level radioactive waste resulting from the activities of the DOD and the National Nuclear Security Administration until a new location for such waste has been sited and approved.
Amendment No. 72—Rep. Davis (D-CA): The amendment would direct the Secretary of the Navy to submit a report to Congress, within 180 days of enactment of the Act, detailing the efforts being made to establish maintenance, repair and overhaul capability for Navy unmanned aerial systems.
Amendment No. 73—Rep. McKeon (R-CA): The amendment would make conforming changes in the bill.
Amendment No. 74—Rep. Akins (R-MO): The amendment would add a Sense of Congress stating support for the long-term contracting of alternative sources of fuel for the DOD.
Amendment No. 75—Rep. Braley (D-IA): The amendment would require the President to submit a report to Congress, no later than 90 days after enactment of the Act, with contributions from the Secretaries of Defense, State and Veterans Affairs, on the long-term costs of military operations in Iraq, Afghanistan and Libya.
Amendment No. 76—Rep. Bishop (R-UT): The amendment would clear title to 2.73 acres of land (former Defense Depot Ogden) in Ogden, Utah so that the municipal redevelopment authority may proceed to redevelop the property and prevent further deterioration of the building on property.
Amendment No. 77—Rep. Bishop (R-UT): The amendment would clarify certain terms in military depot statute, modify the DOD's existing reporting requirements to include the three previous fiscal years' record of performance at each covered military depot in a table format, and would add the Tooele Army Depot, Utah, onto the list of depots for which annual reporting is required.
Amendment No. 78—Rep. Bishop (D-NY): The amendment would express a Sense of Congress encouraging the DOD to pursue new efforts by all feasible means to recover, identify, and return the bodies of the crew of the Navy Flying Boat George 1 from Thurston Island, Antarctica.
Amendment No. 79—Rep. Bishop (D-NY): The amendment would require the Secretary of Defense to submit a report, no later than March 31, 2012, on establishing an active registry for each incidence of a member of the Armed Forces being exposed to occupational and chemical hazards, including waste disposal, during contingency operations.
Amendment No. 80—Rep. Bishop (D-NY): The amendment would express the Sense of Congress regarding the efforts by the DOD to keep America safe from terrorist attacks since September 11th.
Amendment No. 81—Reps. Blumenauer (D-OR), Schrader (D-OR): The amendment would require the Secretary of Defense to notify Congress within 90 days when entering into a contract that includes an indemnification agreement or modifying an existing indemnification agreement in a contract. The amendment would allow certain exemptions from the reporting requirement to be applied, including cases deemed by the Secretary to be harmful to U.S. national security interests.
Amendment No. 82—Reps. Blumenauer (D-OR), Connolly (D-CA), Capps (D-VA), Welch (D-VT), Hinchey (D-NY): The amendment would modify the DOD’s Operational Energy Report criteria to include an evaluation by the Department of practices used in contingency operations to reduce vulnerabilities associated with fuel convoys and a heavy reliance on fossil fuels in the field.
Amendment No. 83—Rep. Boren (D-OK), Boustany (R-LA): The amendment would prohibit the unauthorized use of names and images of living and deceased military service members without obtaining permission from the service member or, if deceased, their family.
Amendment No. 84—Rep. Boswell (D-IA): The amendment would express a Sense of Congress that alternative, self-sufficient energy sources that reduce costs be a consideration when contracting for logistics support of contingency operations.
Amendment No. 85—Reps. Boustany (R-LA), Davis (R-KY): The amendment would require the President to submit to the appropriate committees an implementation plan for achieving the President’s “whole-of-government” integration vision and an annual update on the implementation of this plan.
Amendment No. 86—Rep. Carnahan (D-MO): The amendment would withhold 25 percent of the funds authorized for the Afghanistan Security Forces Fund, unless the Secretary certifies to Congress that the DOD has sufficient management and oversight mechanisms on contracts.
Amendment No. 87—Rep. Coffman (R-CO): The amendment would require the Secretary of Defense to submit a report to Congress on the feasibility and desirability of recycling, recovering, and reprocessing rare earth elements, including fluorescent lighting used by the DOD.
Amendment No. 88—Rep. Coffman (R-CO): The amendment would require the Secretary of Defense to submit a report to the Committee on Armed Services regarding methods to increase the efficiency of the tuition assistance program.
Amendment No. 89—Reps. Connolly (D-VA), Moran (D-VA): The amendment would strike $83,000,000 in authorized funding and insert $327,000,000 in authorized funding for a construction project at Fort Belvoir, Virginia.
Amendment No. 90—Reps. Connolly (D-VA), Kissell (D-NC): The amendment would direct the Secretary of Defense to submit a report to Congress after 180 days on the estimated cost of expanding the Homeowners Assistance Program to various members of the Armed Forces.
Amendment No. 91—Reps. Connolly (D-VA), Platt (R-PA): The amendment would establish a Federal Acquisitions Institute to promote and coordinate government-wide research regarding the procurement process.
Amendment No. 92—Rep. Connolly (D-VA), Bilbray (R-CA): The amendment would require the head of each federal agency operating an internship program to appoint an internship coordinator. The amendment would also require the Office of Personnel Management to maintain a centralized electronic database containing information regarding interns.
Amendment No. 93—Rep. Connolly (D-VA), Capps (D-CA), Blumenauer (D-OR), Hinchy (D-NY), Welch (D-VT): The amendment would require the Secretary to award contracts for the procurement of tents based on the “best value.” Best value of tents would be determined by total life cycle costs, including the cost of equipment and fuel needed to heat and cool the tent.
Amendment No. 94—Rep. Carson (D-IN): The amendment would revise the Department of Defense pre-separation counseling program to provide discharging service members and their spouses with financial counseling, job placement counseling, information on home loan services, and housing assistance benefits.
Amendment No. 95—Rep. Courtney (D-CT), Petri (R-WI), Matsui (D-CA): The amendment would transfer the Troops to Teachers program from the Department of Education to the Department of Defense and expand eligibility.
Amendment No. 96—Rep. Susan Davis (D-CA): The amendment would modify the current GAO reporting requirement on TRICARE Standard and Extra from twice a year to "biennial" every two years.
Amendment No. 97—Rep. Dent (R-PA): The amendment would require the Secretary to conduct a study to measure the domestic capacity, in accordance with the Defense Acquisition Regulations System, to manufacture ship shafts and other forged components used by surface and sub-surface vessels of the U.S. Navy.
Amendment No. 98—Rep. DeLauro (D-CT), Wolf (R-VA): The amendment would prohibit procurements from a Chinese Military Company. The amendment would authorize the Secretary of Defense to waive the limitation on procurement of a good or service if certain conditions are met. The amendment would also require the Secretary to report to Congress at least 15 days prior to issuing any waiver for this procurement limitation.
Amendment No. 99—Rep. Donnelly (D-IN): The amendment would require the Secretary to establish a standard Quality Assurance Surveillance Plan that sets out standards for oversight of all security contracts for contractors operating in Afghanistan.
Amendment No. 100—Rep. Edwards (D-MD): The amendment would require that the effects on local businesses, neighborhoods, and local governments be included in the analysis of the impacts on transportation infrastructure related to consideration and selection of military installations for closure or realignment.
Amendment No. 101—Rep. Ellison (D-MN): The amendment would require the Secretary to report within 60 days to Congers a report on the U.S. military strategy in Afghanistan, including the extent to which the strategy has changed or is anticipated to change in light of the death of Osama bin Laden.
Amendment No. 102—Rep. Flake (R-AZ): The amendment would require that any written communication from Congress—be it a Member, staff, or a Committee—recommending that funds be committed, obligate, or expended on any specific project within a program element in the funding tables of the underlying bill be made publicly available in the internet.
Amendment No. 103—Rep. Flake (R-AZ): The amendment would require the Department of Defense to submit a report to Congress containing a justification for program spending levels and the process for every authorized appropriation that exceeds the President’s requested level.
Amendment No. 104—Rep. Franks (R-AZ): The amendment would transfer administrative jurisdiction, custody, and control of the Air Force Memorial to the Secretary of the Air Force. The amendment would make the Secretary responsible for the operation, maintenance, and management of the Memorial.
Amendment No. 105—Reps. Garamendi (D-CA), Wilson (R-SC): The amendment would require the Administrator for Nuclear Security to enter into an agreement with the National Academy of Sciences to conduct a study on waste reprocessing and Generation IV nuclear reactor technology. The amendment would require that the study include:
The amendment would also require the National Academy of Sciences to submit to the Administrator for Nuclear Security a report containing the results of the study and any recommendations resulting from the study. Additionally, the amendment would require the Administrator for Nuclear Security submit to Congress any comments or recommendations of the Administrator with respect to the report.
Amendment No. 106—Rep. Hanabusa (D-HI): The amendment would allow those in the Individual Ready Reserve to obtain health insurance through TRICARE for continuity of care. The amendment would also increase the amount authorized to be appropriated for the Defense Health Program by $5 million to carry out this change in policy. The amendment would offset the cost by decreasing funding for the Joint Tactical Radio System by $5 million.
Amendment No. 107—Rep. Hastings (R-WA): The amendment would reauthorize the Department of Energy’s Office of River Protection, Richland, Washington, including Hanford Tank Farm Operations and the Waste Treatment Plant through September 30, 2019.
Amendment No. 108—Rep. Hastings (D-FL): The amendment would include a Sense of Congress stating, “It is the sense of the Congress that before voting begins with respect to funding of any deployment of the Armed Forces, Members of the Congress should designate a time period in which Members consider the cultures, religions, ethnicities, geographies, histories, and politics of nations and regions in which the Armed Forces are engaged or are proposed to engage in military action; should be given access to in-depth briefings on such information; and fully consider and appreciate the enormous complexities and uncertainties inherent in the military engagements of the United States in certain regions, in particular the Middle East.”
Amendment No. 109—Rep. Heck (R-NV): The amendment would provide DOD with the option to transition to hydrochlorofluorocarbon blend fire suppressant agents to replace its current agent Halon 1211, which is no longer produced.
Amendment No. 110—Rep. Inslee (D-WA): The amendment would designate a National Day of Honor for members of the Armed Forces who have served in Iraq, Afghanistan, and other combat areas.
Amendment No. 111—Reps. Jackson Lee (D-TX), Johnson (D-GA): The amendment would designate a National Day of Honor for members of the Armed Forces who have served in Iraq, Afghanistan, and other combat areas.
Amendment No. 112—Rep. Jackson Lee (D-TX): The amendment would express a Sense of Congress on post-traumatic stress disorder stating, “post-traumatic stress disorder is an increasingly common disease suffered by returning members of the Armed Forces; and access to treatment for members with post-traumatic stress disorder should be expanded to include local and community medical facilities.”
Amendment No. 113—Rep. Kind (D-WI): The amendment would allow the Secretary of Defense to provide funding assistance through a military cooperative agreement for the operation and maintenance of any state training center certified by the Federal Emergency Management Agency as capable of providing emergency response training.
Amendment No. 114—Rep. Kinzinger (R-IL): The amendment would prohibit any funds made available by this Act from being used to research, develop, manufacture, or procure a newly designed flight suit for members of the Armed Services.
Amendment No. 115—Rep. Langevin (D-RI): The amendment would prohibit any transfer of funds from the K-12 component of the National Defense Education Program if the amount authorized to be appropriated for the program is less than the amount requested by the President in his budget.
Amendment No. 116—Rep. Larson (D-CT): The amendment would authorize the Secretary of State to establish a Global Security Contingency Fund which would consist of amounts contributed by the Secretary of State and the Secretary of Defense between the authorized period of FY 2012 through FY 2015. Under the amendment, the secretaries would be prohibited from contributing a combined total of more than $300 million. The amendment would allow money from the fund to be given to an eligible foreign country in order to enhance the capabilities of military forces; other security forces that conduct border and maritime security; and counterterrorism operations (and the government agencies responsible for such forces); in order to strengthen a foreign country’s national and regional security interests. The amendment would prohibit eligible countries from including any foreign country that is otherwise prohibited from receiving such assistance under any other provision of law or Iraq, Afghanistan, or Pakistan. The program would sunset on September 30, 2015.
Amendment No. 117—Rep. Lee (D-CA): The amendment would prohibit funding to construct permanent military bases in Iraq and Afghanistan.
Amendment No. 118—Reps. Lipinski (D-IL), Roskam (R-IL): The amendment would express a Sense of Congress regarding the establishment of a National Korean War Museum.
Amendment No. 119—Rep. LoBiondo (R-NJ): The amendment would clarify the SEAD,DEAD report required in Section 334 the FY2011 National Defense Authorization Act by requiring the report to address the capacity and capability of the Air National Guard to assume an increased level of the Department’s SEAD,DEAD mission responsibilities.
Amendment No. 120—Rep. Luetkemeyer (R-MO): The amendment would direct the Secretaries of the military departments to conduct a review of military service records to determine whether certain Jewish American war veterans, including those previously awarded the Distinguished Service Cross, Navy Cross, or Air Force Cross, should be awarded the Medal of Honor. The amendment would include a provision to address the waiver of time limitations.
Amendment No. 121—Rep. Maloney (D-NY): The amendment would strike section 1901 from the underlying bill. Section 1901 exempts certain Department of Defense “Critical Infrastructure Information” from disclosure under the Freedom of Information Act (FOIA). The amendment would replace section 1901 with new language exempting “Critical Infrastructure Security Information,” from a FOIA request instead and thus narrowing the amount of exempted information.
Amendment No. 122—Rep. McCollum (D-MN): The amendment would limit the amount spent on military musical units to $200,000,000 in fiscal year 2012.
Amendment No. 123—Rep. Miller (R-MI): The amendment would direct the DOD to collaborate with the Department of Homeland Security to identify technology and equipment that could be used to improve the security of the international borders between the U.S. and Mexico, and the U.S. and Canada. The amendment would specify that such technology detect anomalies such as tunnels and breaches in perimeter security; detect the use of unauthorized vehicles; enhance wide-area surveillance; use autonomous vehicles for security; and otherwise improve the enforcement of such borders.
Amendment No. 124—Rep. Moran (D-VA): The amendment would prohibit the Secretary of Defense from using more than 1,000 parking spaces at the BRAC #133 location in Alexandria, Virginia, until the Secretary of Defense documents that a Record of Environmental Consideration or a Supplemental Environment Assessment for the finding in the 2008 BRAC 133 Environmental Assessment of no significant impact; and until the Secretary of Defense certifies that all defense access road-certified mitigation projects related to the BRAC 133 project have been constructed.
Amendment No. 125—Rep. Murphy (R-PA): The amendment would direct the Surgeons General of the Army, Navy, and Air Force to submit a report to Congress on their staffing needs for health care professionals in the active and reserve components of the Armed Forces. The amendment would require the report to:
Amendment No. 126—Rep. Murphy (D-CT): The amendment would require additional information on waivers under the Buy American Act granted by the DOD. Specifically, the amendment would require an itemized list of all waivers granted including an analysis of the domestic capacity to supply the articles, materials, or supplies; and an analysis of the reasons for an increase or decrease in the number of waivers granted from fiscal year to fiscal year.
Amendment No. 127—Rep. Nugent (R-FL): The amendment would expand retroactive eligibility of the Army Combat Action Badge to include members of the Army who participated in combat during which they personally engaged, or were personally engaged by, the enemy at any time on or after December 7, 1941.
Amendment No. 128—Rep. Pearce (R-NM): The amendment would prohibit the Department of the Army from bundling contracts whose total value is more than one million unless certain criteria are met.
Amendment No. 129—Rep. Pompeo (R-KS): The amendment would waive the time limitation for the award of the Medal of Honor to Father Chaplain Emil Kapaun for heroic deeds during the Korean Conflict. This time waiver is necessary prior to the award of the Medal of Honor by the President.
Amendment No. 130—Reps. Pompeo (R-KS), Ryan (D-OH): The amendment would clarify the Medal of Honor process by requiring the Secretary of Defense, rather than the respective military service secretary, to submit the DOD recommendation to Congress. The amendment would attempt to ensure that the potential Medal of Honor award is supported by the Secretary of Defense prior to Congressional action.
Amendment No. 131—Rep. Reed (R-NY): The amendment would designate TAPs as the National Song of Remembrance and prescribes procedures during the sounding of TAPs.
Amendment No. 132—Rep. Richardson (D-CA): The amendment would include a Sense of Congress stating that the U.S. Northern Command plays a crucial role in providing additional response capability to state and local governments in domestic disaster relief and consequence management operations; the U.S. Northern Command must continue to build upon its current efforts to develop command strategies, leadership training, and response plans to effectively work with civil authorities when acting as the lead agency or a supporting agency; and the U.S. Northern Command should leverage whenever possible training and management expertise that resides within the Department of Defense, other federal agencies, state and local governments, and private sector businesses and academic institutions to enhance its Defense Support to Civil Authorities and incidence management missions; relationships with other entities involved in disaster response; and its ability to respond to unforeseen events.
Amendment No. 133—Rep. Rigell (R-VA): The amendment would direct the Secretary of Defense to develop and implement a plan to address shortfalls in operational contract support requirements determination, management, oversight, and administration.
Amendment No. 134—Rep. Runyan (R-NJ): The amendment would require that the Secretary of Defense establish goals for competition in contracts for the procurement of property or services to be used outside the U.S. in support of a contingency operation. The amendment would also require that processes be developed to measure and monitor such competition, including task order categories for services, construction, and supplies.
Amendment No. 135—Rep. Sanchez, Loretta (D-CA): The amendment would increase the funding for the Global Threat Reduction Initiative by $20 million, offsetting the cost by decreasing funding for the Aerostat Joint Project Office.
Amendment No. 136—Rep. Shuster (R-PA): The amendment would provide a three year extension of authority to the Secretary of Defense to use acquisition and cross-servicing agreements (ACSAs) to loan certain equipment to coalition partners for the purpose of enhancing personnel protection and aiding in personnel survivability in coalition operations, in certain peacekeeping operations, and in connection with training for deployment to such operations.
Amendment No. 137—Rep. Sanchez, Loretta (D-CA): The amendment would require a report assessing the nuclear forces of the Russian Federations relative to the New START Treaty.
Amendment No. 138—Rep. Sanchez, Loretta (D-CA): The amendment would increase funding for the operation of the Defense Nuclear Facilities Safety Board by $2,500,000, offsetting the cost by decreasing funding for the Joint Tactical Radio System.
Amendment No. 139—Rep. Smith (D-WA): The amendment would require the President to develop strategies to address a prioritized list of areas that serve or could serve as potential safe havens for al Qaeda and its violent extremist affiliates. The amendment would further require the agencies involved in executing the strategies to sign a memorandum of understanding to enhance interagency cooperation in executing the amendment.
Amendment No. 140—Rep. Smith (D-WA): The amendment would require the DOD to submit to Congress a report assessing the benefits of neuroimaging research in an effort to identify and increase the diagnostic properties of post-traumatic stress disorder.
Amendment No. 141—Rep. Thompson (R-PA): The amendment would expand the DOD state licensure exception to qualified and credentialed DOD health-care professionals, including contractors and civilians, and removes the location requirement to better allow our Guard and Reserve access to immediate and efficient care. This amendment is nearly identical to H.R. 1832, the STEP Act.
Amendment No. 142—Rep. Thornberry (R-TX): The amendment would protect private sector companies participating in the Defense Industrial Base (DIB) Active Cyber Defense Pilot Project from potential liability as an agent of the government. (The pilot project is a 90-day pilot with defense contractors and internet service providers to test an active defense capability in cyber security.)
Amendment No. 143—Rep. Tierney (D-MA): The amendment would require the DOD to submit a report to Congress assessing the manufacturing industry of the United States. The amendment would require that the report include:
The amendment would also require a Presidential report on the objectives of U.S. policy regarding the manufacturing industry and the strategy for achieving those objectives.
Amendment No. 144—Rep. Tierney (D-MA): The amendment would establish a working group to monitor the foreign police training programs, projects, and activities of the various federal departments and agencies and coordinate and unify such programs, projects and activities under a single strategic framework. The amendment would require that the interagency working group consist of representatives from the Departments of Defense, State, Justice, Homeland Security, Treasury, and Energy, the United States Agency for International Development, and the Millennium Challenge Corporation.
The amendment would include a Sense of Congress that the interagency working group be required to establish a strategy to specify the goals of the foreign police training programs, projects, and activities, the strategies for achieving such goals, and quantifiable metrics for measuring success. The amendment would require that the strategy also include an interagency mechanism to coordinate the actions of the federal departments and agencies carrying out such programs, projects, and activities.
Finally, the amendment would require the interagency working group to submit a report to Congress on their annual activities.
Amendment No. 145—Rep. Tierney (D-MA): The amendment would create an Assistant Secretary of Defense for Contingency Contracting to be the principal advisor of the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology and Logistics on matters relating to planning, funding, staffing, and managing contingency contracting for the Department of Defense. The amendment would also rename and expand the Office of Program Support in the Office of the Under Secretary of Defense for Acquisition, Technology and Logistics as the Office of Contingency Contracting.
Amendment No. 146—Rep. Turner (R-OH): The amendment would clarify the intent of section 1055 by explicitly allowing activities determined by the Secretary of Defense to be necessary to ensure the continued safety, security, and reliability of the nuclear weapons stockpile.
Amendment No. 147—Rep. Turner (R-OH): The amendment would create an additional exception allowing for the reductions, withdrawals, or consolidations of non-strategic nuclear weapons in Europe, when made pursuant to either a Treaty or authorized by an Act of Congress.
Amendment No. 148—Rep. Turner (R-OH): The amendment would require a report on the cost-benefit analysis of relocationg the management headquarters for the Air Force’s Enterprise Logistics System Program Executive Office.
Amendment No. 149—Reps. Turner (R-OH), Sanchez (D-CA): The amendment would prohibit any commercial communications that interfere with the Global Positioning System (GPS) from receiving final authorization by the Federal Communications Commission (FCC) until the potential interference with GPS is resolved. The amendment would require the FCC to make available a report and provide all interested aprties an opportunity to comment. Finally, the amendment would require the FCC to submit to Congress copies of the documents containing the final decision made by the Commission.
Amendment No. 150—Rep. Young (R-IN): The amendment would provide the Secretary of Defense with the authority to use funding to carry out a program designed to reintegrate former low-level Taliban fighters into Afghan society. The program would be subject to a certification made by the Secretary of State that such a reintegration program is necessary to support the goals of the U.S. in Afghanistan and that the Department of State and the U.S. Agency for International Development are unable to carry out a similar program of reintegration because of the security environment in certain areas.
Amendment No. 151—Rep. Walz (D-MN): The amendment would require DOD to submit a report to Congress on the National Guard and the reserve components of the Armed Forces. The report would ensure that each military department has access to trained, experienced, and ready members of the National Guard and reserve components of the Armed Forces for any missions less than war; capitalize on the gains made in the readiness of the National Guard and the reserve components during the previous 10-year period; and ensure the total force is able to sustain commitments throughout the world using the unique skills and capabilities of the National Guard and the reserve components.
Amendment No. 152—Reps. Cravaack (R-MN), Chaffetz (R-UT): The amendment would repeal Title VXII of the Department of Defense Authorization Act that authorizes the U.S. Institute of Peace.