H.R. 4310amdts: Amendments to H.R. 4310, National Defense Authorization Act for Fiscal Year 2013

H.R. 4310amdts

Amendments to H.R. 4310, National Defense Authorization Act for Fiscal Year 2013

Sponsor
Sen. Bernard Sanders

Date
May 17, 2012 (112th Congress, 2nd Session)

Staff Contact
Communications

Floor Situation

On Wednesday, May 16, 2012, the House began consideration of H.R. 4310, the National Defense Authorization Act for Fiscal Year 2013, under a rule providing for general debate.  The initial rule for consideration of H.R. 4310 provided for one hour of general debate and was approved by a vote of 235-186.  Also on May 16, 2012, a subsequent rule was reported (H.Res. 661) providing for complete consideration of the bill.  The rule makes 142 amendments in order and provides for one motion to recommit with or without instructions.     

Under the rule, each amendment is debatable for ten minutes with the exception of Amendment No. 5 offered by Rep. Barbara Lee (D-CA), which is debatable for twenty minutes.  The rule also makes in order at any time for the chair of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in H.Rept. 112-485.  Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  

The original bill was introduced by Rep. Buck McKeon (R-CA) on March 29, 2012, and referred to the Committee on Armed Services.  The committee held a mark-up on May 9, 2012, and reported the bill as amended by a vote of 56-5.  For a complete summary of the underlying legislation, please see the Legislative Digest for May 16, 2012.

Amendments

Amendment No. 1—Rep. McKeon (R-CA): (Manager’s Amendment) The amendment would make conforming changes in the original bill. 

 

Amendment No. 2—Rep. Landry (R-LA):  The amendment would specify that the use of information collected via unmanned aerial vehicles by the U.S. Department of Defense may not be used as evidence in a court of law against an individual unless it is collected pursuant to a court order.

 

Amendment No. 3—Reps. Kucinich (D-OH) and Conyers (D-MI):  The amendment would prohibit the Joint Special Operations Command from conducting drone strikes against targets whose identity is not known or is based solely on patterns of behavior the target (aka “signature” strikes).

 

Amendment No. 4—Rep. Rohrabacher (R-CA): The amendment would prohibit funds made available by this Act from being used for assistance to Pakistan in fiscal year 2013.

 

Amendment No. 5—Reps. Lee (D-CA), Conyers (D-MI), Jones (R-NC), Welch (D-VT), and Woolsey (D-CA):  The amendment would limit the use of funds made available in this Act for operations in Afghanistan to be used only for the withdrawal of all members of the Armed Forces and Department of Defense (DoD) contractors.

 

Amendment No. 6—Rep. Connolly (R-VA):  The amendment would withhold funds from the Coalition Support Fund until the Secretary of Defense certifies that Pakistan has opened the Ground Lines of Communication, is allowing the transit of NATO supplies through Pakistan into Afghanistan, is supporting the retrograde of U.S. equipment out of Afghanistan.

 

Amendment No. 7—Rep. Rooney (R-FL):  The amendment would direct that foreign nationals suspected of terrorism be tried only by military commissions.

 

Amendment No. 8—Reps. Bartlett (R-MD) and Flake (R-AZ):  The amendment would prevent the DoD from requiring contractors to enter into a project labor agreement (PLA) as a condition of winning a federal construction contract.

 

Amendment No. 9—Reps. Conyers (D-MI) and Ellison (D-MN):  The amendment would terminate the F-35B aircraft program and would direct the funds authorized for such to procure an additional number of F/A-18E/F aircraft and to deficit reduction.

 

Amendment No. 10—Reps. Quigley (D-IL) and Gutierrez (D-IL):  The amendment would eliminate funds made available for the procurement of the V-22 Osprey aircraft and would direct the funds authorized for such to deficit reduction.

 

Amendment No. 11—Reps. Markey (D-MA), Welch (D-VT), and Conyers (D-MI):  The amendment would prohibit any funds made available by this Act, as well as any funds authorized and appropriated to the DoD through FY2023, from being used for the research, development, testing, and evaluation of a long-range penetrating bomber aircraft.

 

Amendment No. 12—Reps. Polis (D-CO) and Sanchez (D-CA):  The amendment would reduce the funds authorized in this Act for the ground-based midcourse missile defense system by $403 million and would direct that amount to deficit reduction.

 

Amendment No. 13—Rep. Hanna (R-NY):  The amendment would require the Secretary of Defense, within 180 days of enactment, to report to Congress on Air Force cyber operations research, science, and technology plans and capabilities.  

 

Amendment No. 14—Reps. Bishop (R-UT) and Cole (R-OK):  The amendment would amend Section 322 on Military Industrial Depot Policy to clarify that core workloads completed at government military industrial depots include critical supply chain management and management expertise, and that modifications "in the nature" of programmed depot maintenance are not inadvertently precluded from core workload determinations.

 

Amendment No. 15—Rep. Gallegly (R-CA):  The amendment would create Military Readiness Areas in parts of coastal California to allow the U.S. Navy to continue exercises and testing while allowing for the expansion of the southern sea otter populations.  The amendment would also require U.S. Fish and Wildlife Service to coordinate with the Navy when planning for the recovery and expansion of sea otters, while also protecting any other endangered species in these areas.

 

Amendment No. 16—Rep. Hayworth (R-NY):  The amendment would express the Sense of Congress that the Department of Defense should not convert the performance of any function from performance by a contractor to performance by Department of Defense civilian employee unless the function is inherently governmental in nature.

 

Amendment No. 17—Rep. Coffman (R-CO):  The amendment would amend policies related to the contracting of government services and would repeal the moratorium on A-76 procedures.

 

Amendment No. 18—Rep. Keating (D-MA):  The amendment would prohibit funds authorized in this Act from being used for the transfer, reduction or elimination of Air National Guard units supporting an Air and Space Operations Center or an Air Force Forces Staff until the impact of the unit's loss and certain other information is provided to Congress by the Secretary of Defense and the Comptroller General.  The amendment would also re-direct funds from the Ballistic Missile Defense Midcourse Defense Segment for the replacement of this unit.

 

Amendment No. 19—Rep. Broun (R-FL):  The amendment would eliminate the maximum age limitation for individuals seeking to enlist in the U.S. military who are otherwise qualified for service.

 

Amendment No. 20—Rep. Carson (D-IN):  The amendment would prohibit military promotion boards from considering any information from official documents, word of mouth, or in writing on the pursuit of treatment or counseling for mental health or addiction issues. The amendment would also require the Secretary of Defense to inform members of the Armed Services of this prohibition and the limited exceptions.

 

Amendment No. 21—Rep. Pingree (D-ME):  The amendment would state that Military Sexual Trauma (MST) continues to be a significant problem within the Department of Defense and many victims of MST suffer from Post Traumatic Stress Disorder.  The amendment would also state that the Secretary of Veterans Affairs should review the disability claims process to ensure that victims of military sexual trauma who file claims for service connection do not face unnecessary or overly burdensome requirements in order to claim disability benefits with the Department.

 

Amendment No. 22—Rep. Stivers (R-OH):  The amendment would authorized the Secretary of the Army to create a Place of Remembrance at Arlington National Cemetery for the interment of cremated fragments of the remains of members of the Armed Forces who died in conflicts past and future.

 

Amendment No. 23—Rep. Bishop (D-NY):  The amendment would state that that the remains of crewmen from the George 1 seaplane should be recovered from Thurston Island, Antarctica, where it crashed in 1947.

 

Amendment No. 24—Rep. Wittman (R-VA):  The amendment would require the Secretary of the Army to establish a chain of command for the Army National Military Cemeteries, to include a military officer in charge who would replace the current civilian director upon the termination of his term.

 

Amendment No. 25—Reps. Petri (R-WI) and Kind (D-WI):  The amendment would authorize the Secretary of Defense to compensate certain military personnel who were prevented from using leave time in connection with the Post-Deployment/Mobilization Respite Absence program due to administrative error.

 

Amendment No. 26—Reps. Cummings (D-MD), Filner (D-CA), Braley (D-IA), Connolly (D-VA), Donnelly (D-IN), Michaud (D-ME), Smith, Adam (D-WA), Tierney (D-MA), and Yarmuth (D-KY):  The amendment would expand the protections under the Servicemembers Civil Relief Act (SCRA) to include servicemembers serving in a contingency operation, surviving spouses of servicemembers whose deaths are service-connected, and veterans who are totally disabled at the time of discharge.  The amendment would also repeal the sunset provision that is set to expire at the end of this year and would increase fines for violations of the SCRA.

 

Amendment No. 27—Reps. Israel (D-NY) and King (R-NY):  The amendment would authorize a pilot program on enhancements of Department of Defense efforts on mental health in the National Guard and Reserves through public-private partnerships.

 

Amendment No. 28—Rep. Posey (R-FL):  The amendment would authorize the Secretary of Defense to work with non-Federal entities and accept non-Federal funding under strict implementation guidelines to promote efficiencies of the space transportation infrastructure of the Department of Defense in commercial space activities.

 

Amendment No. 29—Del. Sablan (D-MP):  The amendment would include the Northern Mariana Islands as an eligible location, in addition to the United States and Guam, for the overhaul, repair and maintenance of naval vessels and other vessels under the jurisdiction of the Secretary of the Navy.          

 

Amendment No. 30—Rep. Johnson (D-GA):  The amendment would state that the deployment of tactical nuclear weapons to South Korea would destabilize the Western Pacific region and would not be in the national security interests of the United States.

 

Amendment No. 31—Rep. Johnson (D-GA):  The amendment would require the Secretary of Defense and the Chairman of the Joint Chiefs to report to Congress not later than January 15, 2013 regarding whether nuclear weapons reductions pursuant to the New START Treaty are in the national security interests of the United States.

 

Amendment No. 32—Rep. Price (R-GA):  The amendmentwould prohibit the President from making unilateralreductions to US nuclear weapons.

 

Amendment No. 33—Rep. Flake (R-AZ):  The amendment would require the DoD tocompile a report describing written communications to the Department from Congress regarding military construction projects on the future years defense program.

 

Amendment No. 34—Reps. Thompson (D-CA), Dicks (D-WA):  The amendmentwould require the Navy to submit a report to Congresswithin 120 days of enactment, detailing how they intend toutilize the National Oceanic and AtmosphericAdministration Catacean Density and Distribution Mapping Working Group maps to develop new sitingand wildlife mitigation protocols for Navy training andtesting activities.

 

Amendment No. 35—Rep. Brown (D-FL):  The amendment would authorize the Corp of Engineers to accept non-federal funds and use such funds to construct the project for navigation, Jacksonville Harbor, Duval County, Florida.

 

Amendment No. 36—Reps. Grimm (R-NY), Tonko (D-NY), Bilirakis (R-FL), Castor (D-FL):  The amendment would amend the 2003 NDAA to increasethe number of authorized Weapon of Mass DestructionCivil Support Teams within the Army National Guard from 55 to 57.

 

Amendment No. 37—Rep. Baca (D-CA):  The amendmentwould authorize the US geological survey to conduct a study of water resources and perchlorate contamination in the Rialto-Colton Basin, which is near a former DoD installation in California's Inland Empire.

 

Amendment No. 38—Rep. Rigell (R-VA):  The amendment would replace the pending sequester of discretionary spending for fiscal year 2013 and replaces it by reducing the discretionary spending limit for that year so that it conforms with concurrent resolution on the budget deemed in force in the House, but this replacement is contingent upon the enactment of spending reductions over five years of at least the amount of the sequester it supplants. The amendment would also require detailed report on the impact of the sequestration of funds authorized and appropriated for Fiscal Year 2013 for the DoD.

 

Amendment No. 39—Rep. Gingrey (R-GA):  The amendmentwould express the sense of Congress that active militarypersonnel that either live in or are stationed inWashington, DC would be exempt from existing District of Columbia firearms restrictions.

 

Amendment No. 40—Reps. Bishop (D-NY), Hanna (R-NY):  The amendmentwould honor the service of Air RaidWardens and all other Americans who volunteered forservice for the United States Office of Civilian Defenseduring World War II.

 

Amendment No. 41—Rep. Mack (R-FL):  The amendment would clarify the language of the Sunken Military Craft Act to restore its original intent.

 

Amendment No. 42—Reps. Lee (D-CA), Frank (D-MA), Woolsey (D-CA), Blumenauer (D-OR):  The amendment would authorize an $8 billion reduction in spending fromthe level authorized by the House Armed ServicesCommittee.

 

Amendment No. 43—Rep. Ellison (D-MN):  The amendmentwould prohibit the authorization of DoD funds for tear gas and other riot control items to Middle East and North African countries undergoing democratic transition unless the Secretary of Defense certifies to the appropriate Congressional committees that the security forces of such countries are not using excessive force to repress peaceful, lawful and organized dissent.

 

Amendment No. 44—Rep. Granger (R-TX):  The amendment would provide Taiwan with critically needed UnitedStates-built multirole fighter aircraft to strengthen its self defensecapability against the increasing military threatfrom China.

 

Amendment No. 45—Reps. Gohmert (R-TX), Landry (R-LA), Rigell (R-VA), Duncan (R-SC), Barletta (R-PA): The amendment would clarify that the FY 2012 NationalDefense Authorization Act and the 2001 Authorization for Use of Military Force (AUMF) do not deny the writ of habeas corpus or deny any Constitutional rights for persons detained in the United States under the AUMF who are entitled to such rights.

 

Amendment No. 46—Reps. Smith (D-WA), Amash (R-MI), Berman (D-CA), Garamendi (DCA), Duncan (R-TN), Johnson (D-GA), Gosar (R-AZ), Hirono (D-HI), Paul (R-TX), Jackson Lee (D-TX), Tipton (R-CO), Labrador (R-ID):  The amendmentwould strike section 1022 of the FY2012 NDAA and amend Section 1021 of same Act to eliminate indefinite military detention of any person detained under AUMF authority in US, territories or possessions by providingimmediate transfer to trial and proceedings by a courtestablished under Article III of the Constitution of theUnited states or by an appropriate State court.

 

Amendment No. 47—Reps. Duncan (R-SC), Jordan (R-OH):  The amendmentwould limit funds authorized to be appropriated by thisAct to any institution or organization established by theConvention on the Law of the Sea, including theInternational Seabed Authority, the International Tribunal for the Law of the Sea, and the Commission on the Limits of the Continental Shelf.

 

Amendment No. 48—Reps. Coffman (R-CO), Polis (D-CO):  The amendment would authorize the President to remove all BrigadeCombat Teams that are permanently stationed in Europeand replace them with a rotational force.

 

Amendment No. 49—Reps. Lee (D-CA), Conyers (D-MI):  The amendment would appoint a Special Envoy for Iran to ensure that alldiplomatic avenues are pursued to avoid a war with Iranand to prevent Iran from acquiring a nuclear weapon.  The amendment would also prevent funds appropriated to any executive agency of the government from being used to carry out any military operation against Iran unless the President seeks express prior authorization from Congress.

 

Amendment No. 50—Rep. Lamborn (R-CO):  The amendmentwould limit the availability of funds for CooperativeThreat Reduction activities with Russia until the Secretaryof Defense can certify that Russia is no longer supportingthe Syrian regime and is not providing to Syria, NorthKorea or Iran any equipment or technology thatcontributes to the development of weapons of massdestruction.

 

Amendment No. 51—Rep. Carnahan (D-MO):  The amendmentwould create a new government entity, the U.S. Office forContingency Operations (OCO), to manage functions related tocontingency operation planning, stabilization and reconstruction operations, andoversight of such interagency functions.

 

Amendment No. 52—Reps. Petri (R-WI), Johnson, Hank (D-GA):  The amendment wouldclarify that direct use solar energy technology isconsidered a renewable energy source for the purposes ofthe requirement that DoD obtain 25 percent of its facility energyfrom renewable sources by 2025.

 

Amendment No. 53—Rep. Bartlett (R-MD):  The amendment wouldlimit use of certain funds until the submission of a report from the U.S. MarineCorps regarding the proposed transfer of land from theBureau of Land Management to the U.S. Marine Corps forthe expansion of Twenty Nine Palms for a Training Range Facility.

 

Amendment No. 54—Rep. Franks (R-AZ):  The amendment would limit the availability of funds for nuclear nonproliferation activities with the Russian Federation.

 

Amendment No. 55—Reps. Pearce (R-NM), Markey, Edward (D-MA):  The amendment would strike section 3156 from the bill and require the Comptroller General to conduct a study regarding the purchase of enriched uranium by the federal government.

 

Amendment No. 56—Reps. Heinrich (D-NM), Luján (D-NM): The amendmentwould authorize a pilot programbetween one national laboratory and one non-profit entityfor the purpose of accelerating technology transfer fromnational laboratories to the marketplace.

 

Amendment No. 57—Rep. Turner (R-OH):  The amendment would amend sections 3115 and 3202 to clarify that ensuring “adequate protection” is the applicable nuclear safety standard for defense nuclear facilities; that nuclear safety policies, regulations, analysis, and recommendations should be risk-based; and that nothing in these sections shall be construed to require a reduction in nuclear safety standards.

 

Amendment No. 58—Rep. Tierney (D-MA):  The amendment wouldrequire the Secretary of Defense to submit toCongress a report assessing the manufacturing industry ofthe United States as it relates to the ability of the UnitedStates to respond to both civilian and defense needs.  The amendment would alsorequire the report to include an analysis of thestrength of the United States defense industrial base,including the security and stability of the supply chain andan assessment of the vulnerabilities of that supply chain.

 

Amendment No. 59—Reps. Rehberg (R-MT) and Lummis (R-WY): The amendment would prohibit any funds authorized in the bill from being used to make reductions to the strategic nuclear triad unless the Secretary of Defense certifies that: 1) further reductions in the Russia Federation’s arsenal are needed for compliance with New Strategic Arms Reduction Treaty (START) limits; and 2) Russia is not developing or deploying nuclear delivery systems not covered by New START limits. The amendment would also prohibit the elimination of three additional components of the nuclear triad.

 

Amendment No. 60—Rep. Carson (D-IN):The amendment would require the DoD to conduct a survey of all service members deployed since September 11, 2001, to determine what personal safety equipment (such as ballistic eyewear and body armor) was not provided by the military and what equipment was purchased by the service member, family, or someone else. The amendment would also require that an assessment to be provided to Congress describing how to ensure that all service members receive the safety equipment they need in future conflicts.

 

Amendment No. 61—Rep. Garamendi (D-CA): The amendment would require the DoD to conduct an assessment of the United States’ manufacturing capability to produce three-dimensional integrated circuits and a general analysis of potential ways to overcome the challenges to encourage U.S. manufacturing.

 

Amendment No. 62—Rep. McDermott (D-WA): The amendment would require the DoD to conduct a status report on the sharing of environmental exposure data with the Secretary of Veterans Affairs on an ongoing and regular basis for use in medical and treatment records of veterans, including using such data in determining the service-connectedness of health conditions and in identifying the possible origins and causes of disease.

 

Amendment No. 63—Reps. Smith (D-WA) and Dicks (D-WA): The amendment would authorize the Secretary of a given military department to enter into agreements with Indian Tribes for land management associated with military installations and state-owned National Guard installations. The amendment would define “Indian Tribes” as “any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act which is recognized as eligible for the special programs and services provided by the United States.”

 

Amendment No. 64—Del. Pierluisi (D-PR): The amendment would express the sense of Congress regarding decontamination of and removal of unexploded ordnance from the former bombardment area on the island of Culebra, Puerto Rico.

 

Amendment No. 65—Del. Bordallo (D-GU) and Rep. Wilson (R-SC): The amendment would allow for authorized funds—including funds for the National Guard—to be used to conduct activities under the State Partnership Program.  The amendment would specify and expand the role and missions that the National Guard can perform under the State Partnership Program (SPP). The amendment would also clarify what specific purposes National Guard funding may be used to support and codify that SPP missions must directly support the applicable commander and be coordinated with the senior Chief of Mission in any particular country. The SPP supports U.S. national interests and security cooperation goals by engaging partner nations via military, socio-political and economic conduits at the local, state and national level.  The SPP evolved from a 1991 U.S. European Command decision to set up the Joint Contact Team Program in the Baltic Region with Reserve component Soldiers and Airmen. A subsequent National Guard Bureau proposal paired U.S. states with three nations emerging from the former Soviet Bloc and the SPP was born, becoming a key U.S. security cooperation tool, facilitating cooperation across all aspects of international civil-military affairs and encouraging people-to-people ties at the state level.

 

Amendment No. 66— Rep. Altmire (D-PA): The amendment would require the DoD to conduct a study within a 180 days of enactment on the feasibility of providing market-rate or below-market rate (or both) telecommunications service (either phone, VoIP, video chat, or a combination thereof), either directly or through a contract, to uniformed military personnel transiting through a foreign airport while in transit to or returning from deployment overseas. The Secretary also shall investigate allegations of certain telecom companies specifically targeting uniformed military personnel in transit overseas (who have no other option to contact their families) with above-market-rate fees, and shall include the results of that investigation in the report.

 

Amendment No. 67— Rep. Kind (D-WI): The amendment would authorize the Secretary of Defense to use funds to provide assistance through a special 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. 68—Tierney (D-MA): The amendment would require the DoD to conduct an annual study on the status of the targets listed in the document entitled ‘‘Operational Energy Strategy: Implementation Plan, Department of Defense, March 2012’’, including:

 

  1. The status of each of the targets listed in the implementation plan;
  2. The steps being taken to meet the targets;
  3. The expected date of completion for each target if such date is different from the date indicated in the report; and
  4. The reason for any delays in meeting the targets.

 

Amendment No. 69—Rep. Cravaack (R-MN): The amendment would express the sense of Congress that fighter wings performing the 24-hour Aerospace Control Alert missions provide an essential service in defending the sovereign airspace of the United States in the aftermath of the terrorist attacks upon the United States on September 11, 2001.

 

Amendment No. 70—Reps. Quigley (D-IL) and Hultgren (R-IL): The amendment would require the Comptroller General to conduct a review of the policies and procedures of the Department of Defense for the handling, labeling, and packaging of hazardous material shipments. The report would be required to be reported to Congress within one year.  The amendment would require the GAO to conduct a review of the policies and procedures of the Department of Defense for the labeling and packing of hazardous material shipments and make recommendations to the appropriate committees regarding the safe, timely, and cost-effective handling of such material.

 

Amendment No. 71—Reps. Cummings (D-MD) and Chu (D-CA): The amendment would include the U.S. Coast Guard in sections of the bill which require the Secretary of Defense to develop plans to expand diversity and prevent and track hazing.

 

Amendment No. 72—Rep. McKinley (R-WV): The amendment would require the Secretary of Defense to develop an online means for reservists to track operational active duty service. The “tour calculator” would have to specify early retirement credit authorized for each qualifying tour of active duty, as well as cumulative early reserve retirement credit authorized to date.

 

Amendment No. 73—Rep. Velázquez (D-NY): The amendment would require the Secretary of each brand of the military to develop and implement a procedure to transfer a member of that branch of the Armed Forces who has been the victim of a substantiated incident of hazing to another unit in such branch of the Armed Forces.

 

Amendment No. 74—Reps. Chu (D-CA), Cummings (D-MD), and Honda (D-CA): The amendment would require the Secretary to submit an annual report of on the hazing incidents involving members of the Armed Forces during the preceding year. The report would include data on the number of alleged and substantiated hazing incidents within each Armed Force that occurred that year, including the race, gender and Armed Force of the victim and offender, the nature of the hazing, and actions taken to resolve and address the hazing. The amendment would also require the Comptroller General to study the prevalence of hazing and current policies in place regarding hazing in the Armed Forces and make recommendations to prevent hazing incidents.

 

Amendment No. 75—Reps. Welch (D-VT) and Gibson (R-NY) The amendment would require the Office for Reintegration Programs to assist each State to coordinate services under the Yellow Ribbon Reintegration Program with service provide by Small Business Development Centers.

 

Amendment No. 76—Rep. Walsh (R-IL): The amendment would authorize the Secretary of Defense to include industry-recognized certifications in its pilot program on credentialing and licensing for members of the armed forces. The amendment would also enable servicemen and women to transfer military skills to the civilian workplace in industries that do not require licenses but do require industry-recognized certifications (e.g. Certified Welder from the American Welding Society) and fill the manufacturing sector’s growing demand for skilled workers.

 

Amendment No. 77—Rep. Hunter (R-CA):  The amendment would direct the Secretary of the Navy to submit to Congress a report on the Navy’s review, findings and actions pertaining to Medal of Honor nominee Marine Corps Sergeant Rafael Peralta.

 

Amendment No. 78—Reps. Kind (D-WI) and Sensenbrenner (R-WI):  The amendment would waive the time limitation for the award of the Medal of Honor to then Lt. Alonzo Cushing for heroic deeds during the Civil War.

 

Amendment No. 79—Rep. Nugent (R-FL):  The amendment would expand the eligibility for the Army Combat Action Badge to include those who served from December 7, 1941, to September 18, 2001.  The amendment would also provide that the costs of the badge would be borne by the veterans eligible for this badge to reduce the administrative costs to the Department of the Army.

 

Amendment No. 80—Reps. Thompson (D-CA) and Hunter (R-CA):  The amendment would provide for the advancement of Brigadier General Charles E. Yeager, United States Air Force (Retired), on the retired list, to the rank of Major General, without the accrual of any additional benefits.

 

Amendment No. 81—Rep. Dent (R-PA):  The amendment would direct the Secretary of Defense to conduct a feasibility study for the issuance of a summary of the DD-214 form for a member of the armed forces expected to be discharged under conditions other than dishonorable in the form of an identification card.  The amendment would provide that any card issued to a covered member as a result of this study would not serve as proof to collect any benefits and a card would not be issued to covered members who would otherwise receive an identification card by the DoD or the Department of Veterans Affairs.

 

Amendment No. 82—Rep. Richardson (D-CA):  The amendment would add Department of Defense websites to the list of places for posting information on sexual assault prevention and response resources.

 

Amendment No. 83—Reps. Slaughter (D-NY) and Tsongas (D-MA):  The amendment would direct the Secretary of Defense to conduct an educational campaign regarding the Board of Correction for Military Records as an avenue for relief in cases where a current or former member of the Armed Forces has experienced retaliatory personnel actions for making a report of sexual assault or sexual harassment.

 

Amendment No. 84—Reps. Smith (D-WA), Davis (D-CA), Pingree (D-ME), Tsongas (D-MA), and Turner  (D-OH):  The amendment would establish a Sexual Assault Oversight Council to provide independent oversight of the Department of Defense as it implements sexual assault policies and laws to prevent and prosecute sexual assault in the Armed Forces

 

Amendment No. 85—Rep. Boswell (D-IA):  The amendment would direct the Secretary of Defense to submit to Congress a report on the effects of multiple deployments on the well-being of military personnel.

 

Amendment No. 86—Rep. Terry (R-NE):  The amendment would authorize members of the Armed Forces not in uniform and veterans to render a military salute during the recitation of the Pledge of Allegiance.

 

Amendment No. 87—Rep. Carson (D-IN):  The amendment would require the DoD provide mid-deployment mental health screenings to service members deployed in combat zones, once during each 180-day period during which a member is deployed.

 

Amendment No. 88—Rep. Andrews (D-NJ):  The amendment would make technical and clarifying changes to a section of the bill requiring a report on the transition away from the use of live tissue in certain medical training.

 

Amendment No. 89—Rep. Boswell (D-IA):  The amendment would require that the DoD and the Department of Veterans Affairs (VA) conduct a study on the incidence of breast cancer among members of the Armed Forces (including members of the National Guard and reserve) and veterans.  The amendment would require that the study include:

 

  • A determination of the numbers of members and veterans diagnosed with breast cancer;
  • A determination of demographic information regarding such members and veterans including: race; ethnicity; sex; age; possible exposure to hazardous elements or chemicals or biological agents; the locations of duty stations where service members were assigned; the locations where the service member was deployed; and the geographic area of residence prior to deployment;
  • An analysis of breast cancer treatments received by service members and veterans; and
  • Any other information the Secretaries consider would be necessary.

 

The amendment would also require that the Secretaries of DoD and VA jointly submit to Congress a report containing the results of the study.  The amendment would reduce funding for the Weapons Procurement, Navy by $10 million, and would authorize $10 million to carry out this study. 

 

Amendment No. 90—Rep. Sessions (R-TX) and Rep. Thompson (D-CA):  The amendment would  require the Secretaries of DoD and VA to carry out a five-year pilot program under which each Secretary would establish a process for providing payments to facilities for treatments of traumatic brain injury (TBI) or post-traumatic stress disorder (PTSD) received by members of the Armed Forces and veterans in facilities other than military treatment facilities or Department of Veterans Affairs (VA) medical facilities.

 

The approval by the Secretary for payment for a treatment would be subject to the following conditions:

 

  • Any drug or device used in the treatment must be approved by the Food and Drug Administration;
  • The treatment must have been approved by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services (HHS);
  • The treatment must be used by the health care provider delivering the treatment;
  • The patient receiving the treatment must demonstrate an improvement as a result of the treatment on either a standardized independent pre-treatment and post-treatment neuropsychological test, neurological imaging, or clinical examination.
  • The patience receiving the treatment must be receiving the treatment voluntarily;
  • The patient receiving the treatment may not be a retired member of the uniformed services or of a member who is entitled to benefits under part A or part B of the Social Security Act. 

 

The amendment would require that the DoD and VA make payment for a treatment no later than 30 days after a member of the Armed Forces or veteran submits to the Secretary documentation regarding the treatment.  Furthermore, the amendment would require that such documentation may not be an undue burden on the member of the Armed Forces. 

 

The amendment would require that payments 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.  If no such rate is in effect, payment would be made at a fair market rate, as determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services. 

 

The DoD and VA would be required to maintain a database containing data from each patience case involving the use of a treatment, and ensure that the database preserve confidentiality and be made available only for third party examination; to the appropriate congressional committees and employees of the DoD, the VA, and the HHS, and appropriate state agencies, and to the primary investigator of the institutional review board that approved the treatment. 

 

The amendment would along the military to assign the service member to temporary duty or allow the member a permissive temporary duty to permit the member to received treatment for TBI or PTSD.  Further, the amendment would be allowed a per diem in lieu of subsistence in an amount no more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment.  

 

The amendment would require the Secretary of the VA and DoD to notify each veteran with a service-connected injury or disability of the opportunity to receive treatment under this amendment.  The amendment would require that a report be made available to Congress no later than 30 days after the last day of each fiscal year during which payments are made under this amendment.  The report would be required to include the number of individuals for whom treatments were provided, the condition for which each individual received treatment and the treatment’s success rate, treatment methods that are used, and the recommendations with respect to the integration of treatment methods.

 

The amendment would sunset the authority to make treatment payments in five years.  The amendment would also authorize $10 million for each fiscal year during which the Secretaries of VA and DoD make payments for treatments. The amendment would reduce funding for the Office of the Secretary of Defense by $10 million to pay for this treatment repayment program.

 

Amendment No. 91—Rep. Jackson-Lee (D-TX):  The amendment would require the Office of Health at the DoD to work in collaboration with the National Institutes of Health (NIH) to identify specific genetic and molecular targets and biomarkers for triple negative breast cancer; and to provide information useful in biomarker selection, drug discovery, and clinical trials design that will enable both triple negative breast cancer patients to be identified earlier in their diagnosis and the development of multiple targeted therapies for the disease.  

 

Amendment No. 92—Rep. Johnson (D-GA):  The amendment would state that Congress supports the efforts of the Secretary of Veterans Affairs and the Secretary of Defense to educate service members, veterans, the families of service members and veterans, and the public about the signs and symptoms of PTSD, and supports the creation of an advisory commission on PTSD to coordinate the efforts of the DoD, VA, and other executive departments and agencies for the prevention, diagnosis, and treatment of PTSD.

 

Amendment No. 93—Reps. DeLauro (D-CT), Granger (R-TX), and Ellison (D-MN):  The amendment would prohibit the DoD from awarding a contract to supply helicopters to the Afghan Security Forces, directly or indirectly, to any entity controlled, directed or influenced by a state that has supplied weapons to Syria or a state-sponsor of terrorism.  The amendment would also require that any such contract to be competitively bid.

 

Amendment No. 94—Rep. Rivera (R-FL):  The amendment would prohibit any procurement contracts with any persons that have business operations with a state sponsor of terrorism.

                                                             

Amendment No. 95—Rep. Larson (D-WA):  The amendment would require the DoD conduct an assessment of the health and status of various national defense infrared technology sectors, including technology such as focal plane arrays sensitive to infrared wavelengths, read-out integrate circuits, cryogenic coolers, Dewar technology, infrared sensor engine assemblies, and infrared imaging systems.  The amendment would require that the Secretary of the DoD submit a report to Congress on the findings. 

 

Amendment No. 96—Reps. Bass (D-CA) and Lankford (R-OK):  The amendment would require DoD to include an evaluation of practices related to human trafficking in contractor performance assessments.

 

Amendment No. 97—Rep. Murphy (D-CT):  The amendment would give manufacturers the opportunity to provide information to DoD regarding how their bid for a contract will affect domestic employment.  The amendment would allow DoD to take the Jobs Impact Statement into consideration, but does not mandate that DoD consider this information, when awarding the contract.

 

Amendment No. 98—Reps. Welch (D-VT) and Gardner (R-CO):  The amendment would require the Army, Navy, and Air Force to report to Congress on the progress of entering into Energy Savings Performance Contracts for the purpose of undergoing energy efficiency retrofits on military installations.

 

Amendment No. 99—Rep. Rogers (R-MI):  The amendment would clarify that the provision regarding military activities in cyberspace does not authorize covert action or alter the requirements of the covert action statute and provides for reporting of intelligence and intelligence-related support to military activities in cyberspace to the Congressional intelligence committees.

 

Amendment No. 100—Rep. Holt (D-NJ):  The amendment would require the DoD establish the “National Language Service Corps” to provide a pool of personnel with foreign language skills who, as provided in regulations, agree to provide foreign language services to the DoD or another department or agency of the U.S.  The amendment would deem that a period of active service in the Corps be considered service in the uniformed services, and would consider the Corps a part of the uniformed service.  

 

Amendment No. 101—Dels. Pierluisi (D-PR) and Christensen (D-VI):  The amendment would state that all appropriate steps should be taken to ensure that the eight current tethered aerostat radar systems (TARS) are fully functional and that the TARS program is providing coverage to protect jurisdictions of the United States in the Caribbean region, as well as jurisdictions of the United States along the United States-Mexico border and in the Florida Straits:

 

Amendment No. 102—Reps. Larsen (D-WA) and Sanchez (D-CA):  The amendment would require reports on the costs of maintaining and modernizing the nuclear deterrent.

 

Amendment No. 103—Rep. Braley (D-IA):  The amendment would require an extensive report from the President, in consultation with the Secretaries of Defense, State and Veterans Affairs, on the long-term costs of military operations in Iraq, Afghanistan and Libya.

 

Amendment No. 104—Rep. Holt (D-NJ):  The amendment would establish a Federal Mortuary Affairs Advisory Commission, modeled on the 9/11 Commission, in response to the Dover Port Mortuary scandal. The amendment would also require that the DoD, VA, and Commission examine all matters that encompass the notification of family members on the death of a servicemember; all family support programs, policies, and procedures designed to assist affected families; and all aspects of mortuary affairs operations. 

 

Amendment No. 105—Rep. Harper (R-MS):  The amendment would require a review and report by the Secretary of the Air Force on the cancellation or consolidation of the Air National Guard Component Numbered Air Force Augmentation Force.  The amendment would also require a Comptroller General review of the report.

 

Amendment No. 106—Rep. Langevin (D-RI):  The amendment would require the Director of the Defense Forensic Office within the Office of the Undersecretary of Defense for Acquisition, Technology, and Logistics evaluate opportunities to increase the matching success rate when forensic data is collected during site exploitation to match forensic data stored in DNA databases.  The amendment would require the Defense Forensic Office submit to the congressional defense committees a report containing its findings and solutions no later than 120 days after the date of the enactment of this Act.

 

Amendment No. 107—Rep. Lewis (D-GA):  The amendment would require the Secretary of Defense, in consultation with the Commissioner of the Internal Revenue Service and the Director of the Bureau of Economic Analysis, post on the public web site of the DoD the costs, including the relevant legacy costs, to each American taxpayer of each of the wars in Afghanistan and Iraq.

 

Amendment No. 108—Rep. McCollum (D-MN):  The amendment would limit the DoD's spending on military bands at $200 million.

 

Amendment No. 109—Reps. Meehan (R-PA), King (R-NY), Miller (R-MI), McCaul (R-TX), and Rogers (R-AL):  The amendment would require the Department of State to make a determination on whether Boko Haram meets the criteria to be designated a Foreign Terrorist Organization (FTO).  The amendment would require the Secretary of State to submit a report that describes why Boko Haram does not meet the qualifications outlined by law.

 

Amendment No. 110—Reps. Pompeo (R-CO) and Garamendi (D-CA):  The amendment would express the following sense of Congress on recognizing air mobility command on its 20th Anniversary.

 

Amendment No. 111—Reps. Price (R-GA), Hultgren (R-IL), and Meehan (R-PA):  The amendment would require the Department of Justice to order an investigation into the possible violation of U.S. law regarding numerous leaks of sensitive information involving U.S. and Israeli military, intelligence, and operational capabilities.  The amendment would provide the Administration with 30 days after bill becomes law to begin its investigation and 60 days after enactment to report to Congress.

 

Amendment No. 112—Rep. Richardson (D-CA):  The amendment would state that the United States Northern Command plays a crucial role in providing additional response capability to State and local governments. Would encourage United States Northern Command to leverage their expertise and enhance their relationship to other entities involved in disaster response.

 

Amendment No. 113—Del. Sablan (D-MP):  The amendment would require that the official flags of the District of Columbia and the U.S. Territories be displayed whenever the flags of the States are displayed by the U.S. Armed Forces.

 

Amendment No. 114—Reps. Thornberry (R-TX) and Smith (D-WA):  The amendment would amend the United States Information and Educational Exchange Act of 1948 (known as the Smith-Mundt Act) and the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 to clarify the authorities of the Department of State and the Broadcasting Board of Governors to prepare, disseminate and use public diplomacy information abroad and to strike the current ban on domestic dissemination of such material. The amendment would clarify that the Smith-Mundt Act's provisions related to public diplomacy information do not apply to other federal departments or agencies (including the DoD).

 

Amendment No. 115—Rep. Thornberry (R-TX):  The amendment would require the President to submit to Congress a charter to establish an interagency body to coordinate and deconflict full-spectrum military cyber operations.

 

Amendment No. 116—Rep. Tierney (D-MA):  The amendment would require the President to submit   to Congress the final report from the National Security Council’s (NSC’s) Interagency Policy Committee on Security Sector Assistance.  In addition, the Secretaries of Defense and State shall jointly submit a plan to Congress to institute mechanisms to better coordinate, document, disseminate, and share information, analysis and assessments regarding United States foreign police assistance activities.

 

Amendment No. 117—Rep. Quayle (R-AZ):  The amendment would add a new element at the end of Section 2867 (d)(1) of the National Defense Authorization Act for Fiscal Year 2012 that the report also include progress updates on consolidation goals and cost savings achieved during the preceding fiscal year consistent with the framework outlined by the July 2011 GAO report to Congress, entitled “Data Center Consolidation Agencies Need to Complete Inventories and Plans to Achieve Expected Savings” (GAO–11–565).

 

Amendment No. 118—Rep. Cicilline (D-RI):  The amendment would strengthen the certification language in Sec. 1211 related to Pakistanby striking the words “is committed to” and insert “is taking demonstrable steps to” on line 6, page 542.

 

Amendment No. 119—Rep. Flake (R-AZ):  The amendment would require that a period of 30 days elapse between the date the Secretaries of Defense and State submit to Congress an update to the report on the strategy to utilize the Pakistan Counterinsurgency Fund and Congress making the remaining 90 percent of the funds available for assistance to Pakistan.

 

Amendment No. 120—Rep. Thornberry (R-TX):  The amendment would modify the reporting requirements in the Report on Progress Toward Security and Stability in Afghanistan required by Section 1230 of the National Defense Authorization Act for FY2008, as amended. The amendment also would add specificity to the data and hone the report toward a document that measures outcomes rather than activities.

 

Amendment No. 121—Rep. Cicilline (D-RI):  The amendment would tie funding of the Pakistan Counterinsurgency Fund to certification requirements to ensure Pakistan is making significant efforts toward the implementation of a strategy to counter improvised explosive devices (IEDs).

 

Amendment No. 122—Rep. Conaway (R-TX):  The amendment would build upon current economic sanctions and diplomatic efforts designed to prevent Iran from obtaining a nuclear weapon. The amendment also would enhance the military capabilities of the United States, Israel, and regional allies to give credible backing to the diplomatic efforts currently underway.

 

Amendment No. 123—Reps. Conyers (D-MI), Ellison (D-MN), Jones (R-NC), and Paul (R-TX):  The amendment would clarify that nothing in the bill shall be construed as authorizing the use of force against Iran.

 

Amendment No. 124—Rep. Welch (D-VT):  The amendment would require the DoD to report to Congress on the sustainability of any large scale infrastructure project built in Afghanistan.  Included projects are those to to which the United States contributes not less than $1,000,000 from funds made available for overseas contingency operations.

 

Amendment No. 125—Reps. Duncan (R-SC), Ros-Lehtinen (R-FL), and Sherman (D-CA):  The amendment would limit funds authorized to be appropriated by this Act to U.S. participation in joint military exercises with Egypt if the Government of Egypt abrogates, terminates, or withdraws from the 1979 Israeli-Egypt peace treaty.

 

Amendment No. 126—Reps. Smith (D-WA), McKeon (R-CA), and Rohrabacher (R-CA), McCarthy (R-CA):  The amendment authorizes the President to remove commercial satellites and related components from the United States munitions list, consistent with the procedures in section 38(f) of the Arms Export Control Act (22 U.S.C. 13 2778(f)), only if the President submits to Congress a determination that the transfer of commercial satellites and related components and technology from the United States Munitions List does not pose an unacceptable risk to the national security.  The amendment would deny the transfer, retransfer, or re-export of any commercial satellite or related component or technology contained on the Commerce Control List to any person or entity of the following:  (1) The People’s Republic of China; (2) Cuba; (3) Iran; (4) North Korea; (5) Sudan; (6) Syria; or (7) Any other country with respect to which the United States would deny the application for licenses and other approvals for exports and imports of defense articles under section 126.1 of the International Traffic in Arms Regulations.  Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to Congress a report on efforts of state sponsors of terrorism, other foreign countries, or entities to illicitly acquire commercial satellites and related components and technology.  Not later than 60 days after the end of each calendar quarter, the President shall transmit to Congress a report containing a listing of all licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List.  Not later than 120 days after the date of the enactment of this Act, the Attorney General and Secretary of Homeland Security shall submit to Congress a report that contains an assessment of the extent to which the terms and conditions of an exemption for foreign countries from the licensing requirements of the Commerce Munitions List (or analogous controls for commercial satellites and related components and technology) contain strong safeguards.  The amendment also would require the President to establish a program to provide for the end-use monitoring of such munitions and related technical data.  Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President would submit to Congress a report describing the actions taken to implement this section.

 

Amendment No. 127—Reps. Flake (R-AZ) and Mulvaney (R-SC):  The amendment would require that, pursuant to the authorizations in Title XV, any funds appropriated to an Overseas Contingency Operations Transfer Fund be used only to fund items or activities requested by the President for overseas contingency operations.

 

Amendment No. 128—Rep. Hunter (R-CA):  The amendment extend the authority for the use of the Joint Improvised Explosive Devise Defeat Fund to enable better protection for deployed U.S. forces from improvised explosive devices.

 

Amendment No. 129—Rep. Schrader (D-OR):  The amendment would amend the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish and carry out a program to provide increased access to federal contract opportunities for early stage small businesses (no more than 15 employees and average annual receipts of no more than $1 million).

 

Amendment No. 130—Rep. Jackson Lee (D-TX):  The amendment would require the Secretary of Defense, prior to the awarding defense contracts to private contractors, to conduct an assessment to determine whether the DoD has carried out sufficient outreach programs to assist minority and women-owned small business.

 

Amendment No. 131—Rep. Fitzpatrick (R-PA):  The amendment would require veteran-owned small businesses to receive all preferences accorded to other groups in government contracting except for those given to service disabled veteran owned small businesses.

 

Amendment No. 132—Rep. Lankford (R-OK), Rep. Connolly (D-VA):  The amendment would eliminate the practice of human trafficking by government contractors by closing loopholes and increasing appropriate enforcement capabilities.

 

Amendment No. 133—Reps. Murphy (R-PA), Altmire (D-PA), Critz (D-PA), and Doyle (D-PA):  The amendment would require that a proposal to reduce more than 1,000 members of the armed forces assigned at a military installation be transmitted via the President’s budget request and include an evaluation of the fiscal, local economic, budgetary, environmental, strategic, and operational consequences of such closure or realignment.  The amendment also would allow an exception for national security or military emergency.

 

Amendment No. 134—Rep. Doggett (D-TX):  The amendment would ensure the DoD includes overseas military bases in criteria used to consider and recommend domestic military installations for closure or realignment.

 

Amendment No. 135—Rep. Critz (D-PA):  The amendment would require the Air Force to retain core functions of the Air Traffic Control Station at Johnstown Air National Guard Base.

 

Amendment No. 136—Reps. Young (R-AK), Altmire (D-PA), Critz (D-PA), and Doyle (D-PA):  The amendment would give Congress additional oversight over present and future large permanent military force reductions.

 

Amendment No. 137—Rep. Tsongas (D-MA):  The amendment would provide that the Secretary of the Air Force may enter into discussions with the Massachusetts Institute of Technology for a project to improve and modernize the Lincoln Laboratory complex at Hanscom Air Force Base, Massachusetts, a Federally Funded Research and Development Center (FFRDC). The amendment also would provide that nothing in the provision provides construction authorities beyond those existing under current law.

 

Amendment No. 138—Rep. Luján (R-NM):  The amendment would authorize a study of a multi-agency governance model for national security laboratories.

 

Amendment No. 139—Reps. Landry (R-LA), Fleming (R-LA), Scalise (R-LA), Green (D-TX), and Andrews (D-NJ):  The amendment strikes Section 3503 of the legislation.  This section allows the Maritime Administration to exempt itself from the Federal Acquisition Regulations and dispose of National Defense Reserve Fleet vessels using less than open and transparent competition.

 

Amendment No. 140—Reps. Cummings (D-MD) and Landry (R-LA):  The amendment would require notification to Congress and publication on the Internet of information pertaining to the issuance of waivers to allow non-Jones Act qualified vessels to carry cargo between points in the United States.

 

Amendment No. 141—Reps. Young (R-AK) and Richardson (D-CA):  This amendment expresses the sense of Congress that DoD should expedite completion of the study of the nation’s strategic ports called for in the National Defense Authorization Act for Fiscal Year 2012 Conference Report 112-329. The amendment would also direct DoD to provide a copy of the report to GAO for additional review of the extent to which the facilities at strategic seaports meet the DoD’s requirements.