H.R. 2647 Amendments: Amendments to H.R. 2647 – National Defense Authorization Act for Fiscal Year 2010

H.R. 2647

Amendments to H.R. 2647 – National Defense Authorization Act for Fiscal Year 2010

June 24, 2009 (111th Congress, 1st Session)

Staff Contact

Floor Situation

The House is scheduled to begin consideration of H.R. 2647, on Wednesday, June 24, 2009, under a structured rule making 69 amendments in order. These amendments may be considered en bloc under the rule.

The rule provides for one hour of debate and one motion to recommit. Amendments are subject to two minute voting. In addition, the rule would amend the bill by adding the text of H.R. 2990 to the end of the bill upon engrossment.

The underlying legislation was introduced by Rep. Ike Skelton (D-MO) on June 2, 2009


Bill Summary

1)    Rep. Skelton (D-MO):  Makes technical changes and extends the deadline from 30 days to 90 days for a report to Congress on reading Miranda rights to detainees (Section 1036).  This amendment also disaggregates Navy and Marine Corps procurement in Section 1505 to bring it into line with similar disaggregation for Army and Air Force procurement.

2)    Reps. McKeon (R-CA) and Skelton (D-MO):  Expresses 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.

3)    Reps. McGovern (D-MA), Jones (R-NC), and Pingree (D-ME):  Requires the Secretary to report to Congress, not later than December 31, 2009, on an exit strategy for military forces participating in Operation Enduring Freedom.

4)    Reps. McGovern (D-MA), Sestak (D-PA), Bishop (D-GA), and Lewis (D-GA):  Require public disclosure of students and instructors at the Western Hemisphere Institute for Security Cooperation.

5)    Rep. Hastings (D-FL):  Prohibits the recruitment, enlistment, or retention of individuals associated or affiliated with groups associated with hate-related violence against groups or persons or the government. 

While the likely intent of this amendment is to address recent reports regarding neo-Nazi enlistment in the military (see this recent Salon.Com article), some Members may be concerned that the broad language in the amendment would allow the Attorney General to consider pro-life groups (and other similar organizations) as radical hate groups.  As was evidenced by a recent Department of Homeland Security report that labeled pro-life activism as a sign of violent "rightwing extremism," the record of the current Administration may be mixed when it comes to determining what groups may be covered under the language of this amendment.  Some Members may be concerned that the amendment includes in the definition of hate group "other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature," giving the Administration full authority over what constitutes a hate group. 

6)    Rep. Hastings (D-FL): Provides statutory authority for the International Committee of the Red Cross (ICRC) to have access to detainees at Bagram Air Base in.  Additionally, the head of a military service or federal agency that has custody of a detainee at Bagram Air Base would have to notify the ICRC upon the detention of an individual.

7)    Reps. LoBiondo (R-NJ), Delahunt (D-MA), Coble (R-NC):  Authorizes civil legal assistance for Coast Guard reservists.

8)    Rep. Loretta Sanchez (D-CA):  Allows the Air Force Secretary to establish a nonprofit Air Force Academy Athletic Association to support the Academy's athletic programs.

9)    Reps. Franks (R-AZ), Cantor (R-VA), Sessions (R-TX), Broun (R-GA), and Roskam (R-IL):  Provides that it is policy of the U.S. to continue missile defense testing, and increases funding for the Missile Defense Agency by $1.2 billion, with offsetting reductions coming from environmental defense cleanup.

10)  Rep. Kratovil (D-MD):  Modifies the progress report for 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.

11)  Rep. Kratovil (D-MD):  Allows 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.

12)  Rep. Turner (R-OH):  Limits funds authorized for reduction in U.S. strategic nuclear forces pursuant to a treaty with Russia 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 National Nuclear Security Administration budget is sufficiently funded.

13)  Rep. Bright (D-AL):  Allows U.S. Special Operations Command (SOCOM) to procure special operations-specific 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.

14)  Rep. Adler (D-NJ):  Requires the Secretary to report to Congress 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.

15)  Reps. Akin (R-MO and Forbes (R-VA):  Requires the 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.

16)  Rep. Bishop (D-GA):  Broadens the potential funding authority of the Department of Defense's Office of Economic Adjustment to include development of public infrastructure.

17)  Reps. Blumenauer (D-OR) and Brown-Waite (R-FL):  Requires the Secretary to develop methods to account for the full life-cycle costs of munitions, including the effects of failure rates on the cost of disposal, and to report to Congress recommendations for reducing these costs, unexploded ordnance, and munitions-constituent contamination.

18)  Rep. Brown-Waite (R-FL):  Expands 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.

19)  Rep. Cohen (D-TN):  Requires the Secretary to report to Congress on the potential effects of expanding the list of persons 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.

20)  Rep. Connolly (D-VA):  Provides that Section 526 of the Energy Independence and Security Act of 2007, does not prohibit an agency from entering into a contract to purchase a 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.

21)  Reps. Connolly (D-VA), Nye (D-VA), and Perriello (D-VA):  Protects service members and their families from early termination fees on family cellular plans if they have to relocate out of the service area due to deployment or change of station orders.  Make protections in the Leases of Premises section of the Service members Civil Relief Act consistent with those in the Leases of Motor Vehicles section. 

22)  Rep. Costa (D-CA):  Requires the Secretary to carry out a study and report on the distribution of hemostatic agents to ensure each branch of the military is complying with their own policies on hemostatic agents. 

23)  Rep. Cummings (D-MD):  Expands the military leadership diversity commission to include reserve component representatives.

24)  Rep. Cummings (D-MD):  Requires the Secretary to provide embarked military personnel on board U.S.-flagged vessels carrying Government-impelled cargoes in regions at high risk of piracy.

25)  Rep. Davis (R-KY):  Requires the President to commission a study and report on the development of "national security professionals" across departments and agencies in order to provide personnel proficient in planning and conducting national security interagency operations.

26)  Rep. DeFazio (D-OR):  Requires DoD to study 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. 

27)  Reps. DeLauro (D-CT), Courtney (D-CT), McMahon (D-NY), and Teauge (D-NM):  Requires the Secretary to conduct a demonstration project, at two military installations, to assess the feasibility and efficacy of providing service members with a post-deployment mental health screening conducted in person by a mental health provider.

28)  Rep. Driehaus (D-OH):  Requires GAO to submit a report to Congress on the impact of domestic violence in families of members of the Armed Forces on the children of such families and information on progress being made to ensure such children receive adequate care and services.

29)  Rep. Flake (R-AZ):  Requires the Secretary to report to Congress on the competitive processes used to award earmarks listed in the joint explanatory statement for the Fiscal Year 2008 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.

30)  Rep. Grayson (D-FL):  Requires within 90 days of enactment that GAO submit a report to Congress on cost overruns in the performance of DoD contracts for Fiscal Years 2006 through 2009, 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.

31)  Reps. Hare (D-IL), Braley (D-IA), Tonko (D-NY), and Murphy (D-NY):  Extends the authorization for the Arsenal Support Program Initiative through Fiscal Year 2011 (the existing authority is set to expire in 2010).

32)  Rep. Hodes (D-NH):  Requires 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.

33)  Rep. Holden (D-PA):  Requires 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.

34)  Rep. Holt (D-NJ):  Requires the videotaping of all military interrogations, and would set out certain security classifications.  The Secretary would develop uniform guidelines for such videotaping.

35)  Rep. E.B. Johnson (D-TX):  Amends a 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.

36)  Rep. Lee (D-CA):  Prohibits the establishment of permanent military bases in Afghanistan. 

37)  Rep. Lipinski (D-IL):  Expresses the sense of Congress that it reaffirms its support for the recovery and return of the remains of members of the Armed Forces killed in battle during World War II in the battle of Tawara Atoll.  Encourages the Department to pursue new efforts to recover and return such remains.

38)  Rep. Maloney (D-NY):  Requires the Secretary to submit periodic reports to Congress on progress with respect to the Defense Incident-Based Reporting System.

39)  Reps. Maloney (D-NY) and Honda (D-CA):  Establishes an Overseas Voting Advisory Board that would conduct studies, 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.  Authorizes such sums as may be necessary to the Board for Fiscal Year 2010 and subsequent years.

40)  Rep. Minnick (D-ID):  Directs the Secretary to submit to Congress 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.

41)  Rep. Sarbanes (D-MD):  Requires GAO to convene a Procurement Professionalism Advisory Panel to study the ethics, competence, and effectiveness of acquisition personnel and the procurement process.

42)  Rep. Schakowsky (D-IL):  Grants access for Congress to the database of information regarding the integrity and performance of certain persons awarded federal contracts and grants created by the Fiscal Year 2009 National Defense Authorization Act.

43)  Rep. Schakowsky (D-IL):  Imposes 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 2011.

44)  Rep. Schrader (D-OR):  Requires the Secretary, with respect to service members exposed to potentially harmful material or contaminants as determined by 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.

45)  Rep. Smith (R-NJ):  Requires 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.

46)  Rep. Smith (R-NJ):  Requires the Department 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.

47)  Rep. Souder (R-IN):  Clarifies that the restriction on obligation of funds for Army tactical radio systems only affects prospective Fiscal Year 2010 funds and there is no presumption that this affects prior year funding.

48)  Rep. Space (D-OH):  Requires the VA 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 would ensure that the information provided is not disclosed or used for unauthorized purposes and may cease forwarding the forms if problems arise.

49)  Rep. Thompson (D-CA):  Allows 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.

50)  Rep. Taylor (D-MS):  Authorizes the Navy to enter into a lease agreement with the Maritime Administration if it takes possession of the Hulakai and Alakai High Speed Ferries due to a loan guarantee default.

51)  Rep. Tierney (D-MA):  Requires the Secretary to report on proposed radars when reporting on whether a missile defense system has demonstrated a high probability of operating successfully.

52)  Rep. Tierney (D-MA):  Directs the Secretary to commission a report from the JASON Defense Advisory Panel on the technical and scientific feasibility of missile defense discrimination capabilities as designed and conceived.

53)  Rep. Van Hollen (D-MD):  Expresses the sense of Congress that multiple methods are available to the Defense Department to implement the defense access roads program in the vicinity of the National Naval Medical Center in Bethesda, Maryland, to alleviate traffic congestion.

54)  Rep. Walz (D-MN):  Requires the Secretary to submit to Congress a report on the progress that has been made on the establishment of a Joint Virtual Lifetime Electronic Record for members of the Armed Forces to improve the quality of medical care and create integration between the Department of Defense and the Department of Veterans Affairs.

55)  Rep. Weiner (D-NY):  Requires GAO 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.

56)  Rep. Whitfield (R-KY):  Requires a report on post-traumatic stress disorder to include the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals.

57)  Rep. Griffith (D-AL):  Expresses the sense of Congress that the Secretary should consider the role of ballistic missile defenses during the Quadrennial Defense Review and the nuclear posture review.

58)  Rep. Wilson (R-SC):  Would recognize State defense forces as integral military components of the homeland security effort, 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 Secretary to transfer excess property and equipment to state defense forces.

59)  Rep. Holt (D-NJ):  Requires the 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 service member is in the IRR.  When necessary, at-risk members would be referred for immediate evaluation and treatment by qualified mental health service providers.

60)  Rep. Garrett (R-NJ):  Expresses the sense of Congress in support of the State of Israel and 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.

61)  Reps. Kirk (R-IL) and Larsen (D-WA):  Provides the Secretary with the authority to provide a bonus to a service member who agrees to serve in Afghanistan for six years, or until U.S. forces withdraw from that country.  This authority would expire in 2012.

62)  Rep. Sestak (D-PA):  Would provide for the treatment of autistic children of military personnel under TRICARE.  The amendment would increase funding for TRICARE by $50 million and reduce Army communications funds by $25 million, Navy communications by $15 million, and Research Development Test & Evaluation funds by $10 million.

63)  Reps. Bishop (D-NY) and Shea-Porter (D-NH):  Requires the 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.

64)  Reps. Blumenauer (D-OR) and Brown-Waite (R-FL):  Provides that the Secretary shall include funding levels for Military Munitions Response Program and Installation Restoration Program in the budget submission, as well as report on progress of such programs in the Defense Environmental Program's submission to Congress.

65)  Reps. Castor (D-FL) and Bilirakis (R-FL):  Would give members of the Armed Forces serving in combat operations a free monthly postal voucher they can transfer to individuals 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.  Of funds authorized for Army operation and maintenance, up to $50 million would be available for these postal benefits.  Offsetting reductions are provided from Army Claims, System-Wide Navy Communications, and System-Wide Air Force Communications.

66)  Rep. McDermott (D-WA):  Requires the Secretary to publish a map showing mineral-rich areas and areas under the control of armed groups in the Democratic Republic of the Congo.  The map would be updated every 180 days until the Secretary certifies that no armed party is involved in the mining, sale, or export of minerals.

67)  Rep. Adam Schiff (D-CA):  Would allow federally-funded research and development centers affiliated with the National Aeronautics and Space Administration to respond to Department of Defense agency announcements.

68)  Del. Bordallo (D-GU):  Would add to the base bill the text of H.R. 44, the "Guam World War II Loyalty Recognition Act."  The House passed this legislation on February 23, 2009, by a vote of 299-99.  It would authorize appropriations to residents of Guam for victims and the survivors of victims, depending upon the severity of injuries.  The awards range from $7,000-$25,000.  The bill would authorize the appropriation of $126 million to make these payments.  In addition, the bill allows the Secretary of the Interior to establish a grant program for any organization or individual wishing to memorialize the acts committed on Guam during the occupation.   $5 million is provided to carry out this program.

69)  Rep. Grayson (D-FL):  Requires that the 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 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.