H.R. 5136: National Defense Authorization Act for Fiscal Year 2011

H.R. 5136

National Defense Authorization Act for Fiscal Year 2011

Date
May 27, 2010 (111th Congress, 2nd Session)

Staff Contact
Communications

Floor Situation

H.R. 5136 is expected to be considered on the floor of the House on Thursday, May 27, 2010, under a structured rule. The legislation was introduced by Rep. Ike Skelton (D-MO) on April 26, 2010. The Committee on Armed Services unanimously reported the bill as amended on May 19, 2010.

Bill Summary

H.R. 5136 authorizes $567 billion in budget authority for the Department of Defense (DoD) and the national security programs of the Department of Energy (DOE).  The bill also authorizes $159 billion to support overseas contingency operations during Fiscal Year 2011 and authorizes $34 billion for Fiscal Year 2010 supplemental appropriations for overseas contingency operations in Afghanistan, Iraq, and to provide humanitarian and disaster assistance to assist victims following the earthquake in Haiti.  The underlying bill does not address the DoD's "Don't Ask, Don't Tell" policy regarding homosexuals in the military.

Afghanistan:  The bill would exempt enablers, such as force protection, medical evacuation, and intelligence, surveillance, and reconnaissance (ISR) personnel from the President's authorized 30,000 troop surge.  This provision sends a clear message that life-saving assets should not be denied to U.S. troops because of a real or perceived troop cap.

Additionally, the bill modifies the Afghanistan Progress Report by requiring the Administration to define the conditions and criteria to meet U.S. goals and objectives, permit transition of lead security to Afghan forces and government, and permit redeployment.  H.R. 5136 would authorize DoD reintegration authority to integrate lower-level Taliban fighters into Afghan society, requires a report on force protection at Forward Operating Bases in Afghanistan; and the ability to use operations and maintenance funds for rapid acquisition of force protection capabilities.

Building Partnership Capacity:  The legislation would extend Building Partnership Capacity authority through 2012, and increases it from $350 million to $425 million, and allows this authority to be used to train and equip Yemeni Security Forces.  Building Partnership Capacity is the means by which DoD encourages and enables countries and organizations to work with the U.S. to achieve strategic objectives. Types of security cooperation include education and training for U.S. and foreign military and civilian personnel in Army and foreign schools, multinational and bilateral military exercises, exchanges of military and civilian personnel, and military-to-military contacts ranging from staff talks to senior officer visits.

Coalition Support Funds:  The bill would authorize use of Coalition Support Funds for Operation Enduring Freedom in Afghanistan and against al-Qaeda, al-Qaeda affiliated networks, and the Taliban.  Coalition Support Funds reimburse key allied countries for providing assistance to the U.S. in the global war on terror.

Counternarcotics:  The legislation authorizes $1.1 billion for DoD's counter-narcotics efforts and extends DoD's counternarcotics authorities for Fiscal Year 2011.

Guantanamo Detainees:  The legislation would deny funding for the building of facilities in U.S. to house Guantanamo detainees and prohibits transfers of Guantanamo detainees to third countries with confirmed cases of recidivists absent a presidential waiver.  During committee markup, Republicans successfully were able to force an investigation by the DoD Inspector General into the conduct and practices of certain lawyers for terrorist detainees held at Guantanamo Bay, Cuba.  The amendment, which was offered by Rep. Jeff Miller (R-FL), directs the Pentagon's Inspector General to identify any conduct or practice of such a lawyer that has interfered with the operations of the DoD at Guantanamo Bay, violated any applicable policy of the Department, or violated any law of the U.S. 

Domestic Uniform Fabric:  The bill would extend an exemption to the "Berry Amendment" requirement for DoD to procure textiles, clothing, and fibers from domestic sources for three years to 2021. 

 Iran:  The legislation includes a provision that would require the Administration to develop a National Military Strategic Plan to ensure Iran does not acquire nuclear weapons.  Additionally, the bill would prohibit DoD from entering into a contract with any entity that engages in commercial activity in the Iranian energy sector.

Force Protection:  The bill would authorize additional funds for the protection of U.S. troops in Iraq and Afghanistan, including $3.5 billion for measures to counter improvised explosive devices, $3.4 billion for Mine Resistant Ambush Protected (MRAP) vehicles and about $1 billion for up-armored Humvees.

Military Construction:  The bill includes $20 billion for military construction, base realignment and closure, and family housing.

National Guard:  The bill would provide $7.2 billion for new equipment for National Guard and Reserve units-$700 million more than the President's request.

Nonproliferation:  The bill authorizes the President's budget request for $2.7 billion for the Department of Energy and $522 million for the Department of Defense's nonproliferation efforts.

Pakistan:  The bill extends the availability of the Pakistan Counterinsurgency Fund within DoD, allowing the Department of State to continue to transfer funds to DoD in 2011.  This provision addresses concerns that the State Department does not currently have the culture and capability to execute such programs in kinetic environments and aligns authorities, resources, and chain of command.

Sexual Assault & Harassment:  The bill would prohibit a DoD contractor or subcontractor from requiring an employee to resolve discrimination claims solely via arbitration.

Joint Strike Fighter:  The bill would fully fund at $485 million the unrequested competitive (alternative) engine for the Joint Strike Fighter (JSF) and establishes the F-135 and F-136 engines as individual subprograms under the JSF program.  

Pay:  The bill would provide an average 1.9 percent pay increase for military personnel in Fiscal Year 2011 (.5 percent above the President's request) and provides hostile fire/imminent danger pay increase from $225 to $260 per month and a family separation allowance increase from $250 to $285 per month.

TRICARE:  The bill would extend health care coverage to dependent children up to age 26 for TRICARE Reserve Select beneficiaries and requires the Secretary of Defense to have sole responsibility for administering the military's TRICARE health care program.

Standards for Private Security Guards:  The bill would require the Secretary to establish a process by which private security contracts must adhere to specific standards such as minimum weapons qualifications as a condition for selection for federal contracts.

Security Clearances for Wounded Warriors:  The bill would allow wounded warriors to apply for expedited security clearance processing in order to facilitate the hiring of individuals who have had their military careers cut short due to a physical disability.

Multiyear F/A-18 Procurement:  The bill would make several technical changes to prior year appropriations and authorization bills (all related to multiyear contract reporting requirements) that will allow the Navy to award a multiyear procurement contract for the F/A-18 program in Fiscal Year 2010.

Ohio-Class Replacement Submarines:  Between Fiscal Year 2010 and 2011, over $1 billion has been requested for the Ohio-class replacement submarine, SSBN(X), while the Navy continues to postpone milestones.  The bill includes a Sense of Congress on the importance of sustaining a robust sea-based nuclear deterrent and fully funds SSBN(X), but also restricts obligation of a portion of funds for SSBN(X) until the Secretary submits the results of the analysis of alternatives for this platform.  

Missile Defense:  Republicans on the Armed Services Committee added a provision to the bill that holds the Administration accountable for deploying a missile defense system in Europe to protect the U.S. homeland. The amendment requires the Secretary to provide a report with detailed information on the Administration's Phased Adaptive Approach (PAA) for missile defense in Europe, including basing locations, quantities of assets, program schedules, performance, and cost.  The legislation also increases missile defense by $361.6 million above the President's budget request $9.9 billion.

 Nuclear Posture Review:  The legislation includes a message aimed at the Administration that the Congress believes the recently-released Nuclear Posture Review weakens the national security of the U.S. by eliminating options to defend against a catastrophic nuclear, biological, chemical, or conventional attack against the United States.   Additionally, the bill expresses concern that the Nuclear Posture Review places "artificial limitations" on the options for managing the nuclear weapons stockpile, specifically on replacement options. 

Nuclear Weapons Limitation:  Republicans successfully included a provision in the base bill that would limit the reduction of U.S. nuclear forces beyond the New START level until the Secretary and the administrator of the National Nuclear Security Administration (NNSA) makes certain certifications.  Specifically, the Administration must certify that the strategic environment and threat has changed, or technical measures have been implemented to improve the reliability of the remaining nuclear forces; the nuclear triad is preserved; targeting strategy does not shift to "counter-value" targeting; a sufficient technical and geopolitical hedge is retained; and any reductions are compensated by other measures to enhance deterrence. 

Strategic Communications Efforts:  In addition to budgetary increases totaling $25 million for research and development into counter-ideology programs and terrorist use of digital media, the bill would encourage DoD to expand its efforts to understand terrorist use of media, counter terrorist use of the Internet, and consider the establishment of a Center for Strategic Communications and Public Diplomacy.

Science, Technology, Engineering, and Math (STEM) Programs:  The bill includes budgetary increases for STEM-related programs such as the Air Force's Cyber Boot Camp and STEM outreach programs (approximately $4 million total).

Renewable Energy:  The bill would establish a pilot program on Collaborative Energy Security that would identify a military installation to use smart grid technology.  The bill also adds $15 million to the Environmental Security Technical Certification Program for renewable energies and encourages the application of lessons learned from the Environmental Management Information Systems (an Army pilot program).

Military Personnel:  The bill does not eliminate the so-called Widow's Tax-an offset that occurs because survivors must forfeit most or all of their Survivor Benefit Plan Annuity to receive Dependency Indemnity Compensation.  The bill also does not provide for concurrent receipt of military disability retired pay and VA disability pay which has been proposed by the President.

Background

According to Republican Members of the House Armed Services Committee, "We support H.R. 5136 and believe that it reflects our committee's strong and continued support for the brave men and women of the U.S. armed services.  In many ways, this is a good bill that does an admirable job dealing with some of our greatest national security challenges...While there are many excellent initiatives in this bill, this remains imperfect legislation."

Members may have the following concerns with H.R. 5136:

Guantanamo Detainees:  The Armed Services Committee did not adopt a Republican amendment that would have prevented the transfer of any Guantanamo Bay detainee to U.S. soil.  Members may believe that too many former Guantanamo detainees have returned to the battlefield and are actively seeking to harm Americans. 

Fort Hood:  The Armed Services Committee refused to require the public release of the restricted annex to the review of the Fort Hood shootings.   According to the Armed Services Committee Republicans, "American citizens need to know why a U.S. Army officer chose to murder and wound defenseless soldiers and civilians.  So far, despite widespread reporting of the incident, this committee unfortunately has chosen to side with the Administration to keep the full facts from the American public."

 

Cost

CBO estimates that appropriation of the authorized amounts in H.R. 5136 would result in outlays of $749 billion over five years.

Amendments

1.)   Rep. Skelton (D-MO):  Makes several technical corrections to the bill.

2.)   Rep. Bartlett (R-MD):  Prohibits funds authorized to be appropriated in section 101(5) from being obligated or expended by the Secretary of the Army for line-haul tractors unless the source selection is made based on a full and open competition.

3.)   Rep. Adam Smith (D-WA):  Ensures that the spouse, children and parents of a deployed or deploying member of the Armed Forces, who are not covered under the Family Medical Leave Act, have the ability to take at least two weeks of unpaid leave from their job per year to address issues that arise over the course of a deployment cycle.

4.)   Rep. Marshall (D-GA):  Expresses the sense of Congress that the Chief of the National Guard Bureau should issue fire-resistant utility ensembles to National Guard personnel who are engaged, or likely to become engaged, in defense support to civil authority missions that routinely involve serious fire hazards.

5.)   Del. Bordallo (D-GU):  Incorporates the text of the Guam World War II Loyalty Recognition Act, into the underlying bill.  Please see the Legislative Digest for that bill for more information.

6.)   Reps. Coffman (R-CO) and Ellsworth (D-IN):  Requires DoD to formulate and submit a plan to establish a domestic source of neodymium iron boron magnets for use in the defense supply chain.

7.)   Reps. Shea-Porter (D-NH) and Langevin (D-RI):  Requires the President to commission a study to assess the need for and implications of a common alignment of world regions in the internal organization of departments and agencies of the federal government with international responsibilities.

8.)   Reps. Courtney (D-CT), Petri (R-WI), and Matsui (D-CA):  Transfers the Troops to Teachers program from the Department of Education to the Department of Defense.    This program assists eligible members of the Armed Forces to obtain licensing or certification as teachers.

9.)   Rep. Giffords (D-AZ):  Authorizes the Secretary to share with the Department of Homeland Security and the Department of Justice any data gathered during training exercises.

10.)  Reps. Nye (D-VA) and Larsen (D-WA):  Requires the Department of Defense to report to the House Armed Services Committee and the Small Business Committee on their plans to support the Regional Advanced Technology Clusters.

11.)  Rep. Kratovil (D-MD):  Clarifies that no funds authorized in this Act or otherwise made available to DoD shall be used in violation of section 1040 of the National Defense Authorization Act for Fiscal Year 2010 (funding Miranda warnings for Al Qaeda terrorists).

12.)  Rep. Owens (D-NY):  Provides Congress enhanced budget and quantity information on proposed equipment purchases, including both the per unit cost for each item for each year in the five-year budget window and the total five-year equipment quantities needed.

13.)  Reps. McGovern (D-MA), Emerson (R-MO), and Bishop (D-GA):  Includes a Sense of Congress stating that hunger and obesity are impairing military recruitment and must be properly addressed.  Includes a sense of Congress that child nutrition programs should be funded at the President's requested level and be offset.

14.)  Reps. McGovern (D-MA), Jones (R-NC), and Welch (D-VT):  Requires the President to certify that the Afghanistan Independent Election Commission and the Afghan Electoral Complaints Commission have the professional capacity, legal authority and independence to carry out and oversee free, fair and honest elections before funds are made available to support the holding of elections in Afghanistan.

15.)  Rep. Hastings (D-FL):  Requires DoD to produce a needs assessment of U.S.-affiliated Iraqis and their status.  Would also require the Secretary of Defense, Secretary of State, and Secretary of Homeland Security to develop a plan using the needs assessment to expedite resettlement of U.S.-affiliated Iraqis at risk as the U.S. withdraws from Iraq.

16.)  Reps. Sessions (R-TX) and Platts (R-PA):  Establishes a five year "pay-for-performance" pilot program for the treatment of traumatic brain injuries.  Would authorize healthcare providers to treat active duty soldiers and veterans at no cost to the patient-DoD/VA would only reimburse services proven successful.  Authorizes the appropriation of $10 million per fiscal year for the program.

17.)  Reps. Polis (D-CO), Langevin (D-RI), and Cohen (D-TN):  Clarifies that federal agencies can procure commercially available fuels that have less than a majority proportion of alternative fuels with greater life cycle emissions than traditional petroleum fuels.

18.)  Reps. Dingell (D-MI), Stupak (D-MI), and Miller (D-NC):  Requires the Secretary to provide the Agency for Toxic Substances and Disease Registry with certain information pertaining to Marine Corps Base Camp Lejeune's historic drinking water contamination.  Requires the Secretary of the Navy to ensure personnel with the appropriate environmental expertise are utilized to identify, compile, and submit existing and new documents, data, and records that will assist in gathering data relating to the contamination and remediation of Camp Lejeune base-wide drinking-water systems.

19.)  Reps. Conyers (D-MI) and Davis (R-KY):  Requires the Secretary to issue a report evaluating naval security in the Persian Gulf and the Strait of Hormuz.

20.)  Reps. Burton (R-IN) and Napolitano (D-CA):  Expresses the Sense of Congress that the President should treat all military personnel and military families equally and should overturn the policy that prohibits sending a presidential letter of condolence to the family of a member of the Armed Forces who has died by suicide.

21.)  Rep. Gutierrez (D-IL):  Stipulates that should the Secretary of Defense determine that BP or its subsidiaries performing any contract with the Department are no longer a "responsible source," the Secretary shall consider debarring BP or its subsidiaries from contracting with the Department.

22.)  Rep. Holden (D-PA):  Makes any person who served in combat as a pilot or crew member of a Medevac unit beginning June 25, 1950, eligible for the Combat Medevac Badge.

23.)  Rep. Pomeroy (D-ND):  Authorizes the continuation of the Joint Family Support Assistance Program, which provides support and services to families of service members, with a primary focus on those families that do not live near a military installation and would not otherwise have access to the services available at those facilities.

24.)  Rep. Jackson-Lee (D-TX):  Requires the Secretary to provide a report to the Congressional Black Caucus that includes a list of minority-owned, women-owned and disadvantaged-owned businesses over the past 10 years who have received contracts resulting from authorized funding to the Department.

25.)  Rep. Jackson-Lee (D-TX):  Makes available post-traumatic stress counseling for civilians affected by the Fort Hood shooting, and shootings at other domestic military bases.

26.)  Reps. Latham (R-IA) and Boren (D-OK):  Expresses the Sense of Congress that an erroneous interpretation of recent changes to age and service requirements for reserve retirement pay should be corrected, to ensure that members of the Guard and Reserve receive full credit for time spent on deployments in reducing the age at which retirement pay may be received.

27.)  Rep. Kennedy (D-RI):  Adds neurology to the list of selected residency programs at military medical treatment facilities subject to a program review.

28.)  Reps. Etheridge (D-NC), Kissell (D-NC), and Bishop (D-GA):  Clarifies that the DoD Office of Economic Adjustment's existing grant-making authority for community adjustment and economic diversification to assist communities affected by the 2005 Base Realignment and Closure Process includes development assistance.

29.)  Rep. Pascrell (D-NJ) et al:  Requires that the same cognitive screening tool be used pre-deployment and post-deployment until a new, comprehensive policy for screening soldiers to detect cognitive injuries is implemented.  Requires DoD to complete outstanding studies on the effectiveness of various cognitive assessment tools.

30.)  Rep. Shadegg (R-AZ):  Prohibits members of the Armed Forces or veterans from receiving burial benefits if they are convicted of certain sexual offenses requiring them to register as "Tier III" sex offenders.

31.)  Rep. Lee (D-CA):  Expresses the Sense of Congress that there is potential for additional cost savings through further reductions by the Secretary in waste, fraud, and abuse and that the Secretary should make implementation of remaining Government Accountability Office recommendations an utmost priority of the Department of Defense.

32.)  Reps. Holt (D-NJ), Bishop (D-NY), and Himes (D-CT):  Requires that the Secretary ensure that each member of the Individual Ready Reserve or those designated as Individual Mobilization Augmentees who have served at least one tour in Iraq or Afghanistan receive at least quarterly counseling and health and welfare calls from personnel properly trained to provide such services.

33.)  Rep. Schakowsky (D-IL) et al:  Requires the Special Inspector General for Afghanistan Reconstruction to report on existing oversight of contractors in Afghanistan, as well as to make recommendations for increasing oversight, decreasing reliance on contractors responsible for civilian deaths, and preventing contractors responsible for waste, fraud, and abuse from getting future contracts.

34.)  Rep. Harman (D-CA):  Provides for expedited and priority consideration of an application for permanent change of base or unit transfer for victims of sexual assault to reduce the possibility of retaliation against the victim.

35.)  Rep. Putnam (R-FL):  Expresses a sense of Congress in support of recreational hunting and fishing on military installations.  States that military installations that sell recreational hunting and fishing permits should provide a discount to active and retired members of the Armed Forces and veterans with disabilities, and promote access to such facilities to those with disabilities.

36.)  Reps. Watson (D-CA) and Langevin (D-RI):  Inserts language based on H.R. 4900 and H.R. 5247, that contain the following provisions: (1) establishment of a new National Office for Cyberspace; (2) management and oversight reforms for agency information security programs; (3) security related acquisition requirements for federal information technology investments; (4) the establishment of a federal Chief Technology Officer; and (5) makes the Director of the National Office for Cyberspace a member of the National Security Council and grant the office additional government-wide coordinating responsibilities.

37.)  Rep. Chandler (D-KY):  Strikes section 2412(c), which would prohibit funds from being allocated to the Blue Grass Army Depot Chemical Demilitarization program as it is currently contracted.

38.)  Reps. Herseth Sandlin (D-SD) and Fleming (R-LA):  Requires reports to Congress on U.S. bomber modernization, sustainment and recapitalization efforts in support of the national defense strategy.

39.)  Reps. Lipinski (D-IL), Murphy (D-CT), and Edwards (D-MD):  Requires DoD to solicit bids from domestic suppliers when procuring articles, materials, or supplies for use outside of the U.S., with certain exceptions.

40.)  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.  The costs to procure the badges would be borne by these individuals not the military.  

41.)  Rep. Braley (D-IA):  Requires the Secretary to report on the long-term costs of Operation Iraqi Freedom and Operation Enduring Freedom.  It would require the report to make cost projections through Fiscal Year 2020, and specifies scenarios and factors which the Secretary must consider in the report.

42.)  Rep. Eshoo (D-CA) et al:  Requires the DNI to cooperate with GAO inquiries that are initiated by Congressional committees.  Allows all committees of jurisdiction to request that GAO perform audits of the intelligence community.  Allows the DNI to designate certain reports or portions of reports as sources and methods sensitive or reportable only to the intelligence committees, and those reports or portions would go only to the intelligence committees.  Establishes certain procedures to ensure that GAO safeguards information.

43.)  Reps. Murphy (D-CT), Lipinski (D-IL), and Edwards (D-MD):  Requires DoD to include in its yearly assessment of waivers granted under the Buy American Act to include an analysis of the domestic capacity to supply the articles, materials or supplies procured from overseas and an analysis of the reasons for the yearly increase or decrease in Buy American waivers granted.

44.)  Rep. Richardson (D-CA):  Requires Transportation Command to update the PORT LOOK 2008 Strategic Seaports study and in that update include consideration of the infrastructure in the vicinity of the strategic port (including bridges, roads, and rail capacity).

45.)  Rep. Murphy (R-PA):  Directs the Surgeons General of the Army, Navy, and Air Force to report to Congress on whether additional behavioral health professionals are needed to treat members of the Armed Forces for PTSD/TBI, and offer recommendations for ways to provide incentives for health care professionals to join active and reserve components.

46.)  Rep. Space (D-OH):  Allows the Secretary of Veterans Affairs to send secure electronic copies of service members' separation paperwork to the state VA offices.

47.)  Rep. Sarbanes (D-MD):  Requires non-Defense agencies to establish contractor inventories and in-sourcing programs to mirror current law for the Department of Defense.  Prevents agencies from establishing any numerical goal, target, or quota for the conversion to performance by federal employees; requires OMB to report to Congress on agency in-sourcing policies and GAO to evaluate OMB reporting.

48.)  Rep. Walz (D-MN):  Revises Alternative Career Track Pilot Program to ensure officers are not penalized with regards to promotion for participating in the pilot program. 

49.)  Rep. Childers (D-MS):  Requires the Secretary of Defense to submit a report on the procurement of mine resistant vehicles.  The report must include an evaluation of the cost benefits of manufacturing efficiencies and the feasibility of sustained low-level production of mine resistant ambush vehicles across.

50.)  Rep Broun (R-GA):  Expresses the sense that Congress strongly encourages the president to order that U.S. flags be flown on military outposts in Haiti.

51.)  Reps Donna Edwards (D-MD)/Lipinski (D-IL)/Christopher Murphy (D-CT):  Requires the Department of Defense to include the impact on domestic jobs in the periodic defense capability assessment.

52.)  Rep Carson (D-IN):  Requires the DoD to provide discharging service members and their spouses with financial and job placement counseling as a part of the pre-separation counseling program.

53.)  Rep Foster (D-IL):  Requires the Secretary to conduct an independent study to assess the best balance between manned and unmanned platforms in the military as well as the current capability of each branch to defend against unmanned vehicles.

54.)  Rep Hare (D-IL):  Requires the Secretary of the Army to submit a report on the Army's heirloom chest policy including, a detailed explanation of the policy, plans to continue the policy, and an estimate of the cost to expand the delivery of chests to additional family.  On September 28, 2007, the Army began delivering the Heirloom Chest to the person eligible to receive the effects of soldiers who died while in an active duty status.  The Army does not have the authority to issue the chests retroactively.

55.)  Rep Luetkemeyer (R-MO):  Requires the Secretaries of the Army and Navy to review the service records of each Jewish America World War I veteran who was awarded military decorations or whose name is submitted by the Secretary.  Following the review, if either Secretary determines the service record warrants the Medal of Honor, the Secretary would submit a recommendation to the president.

56.)  Rep Dahlkemper (D-PA):  Authorizes the Secretary of Defense, at the request of the Secretary of Homeland Security, to make excess, nonlethal military supplies available in a domestic emergency.

57.)  Reps Price (D-NC/Spratt (D-SC):  Extends section 862 of the FY 2008 National Defense Authorization Act, which regulates private training, equipping, and conduct of personnel performing private security functions under a covered contract in an area of combat operations.  The extension would apply to security forces in Iraq, Afghanistan, the Horn of Africa, Yemen, Haiti, and the Philippines, in addition to any other location the Secretary determines to have significant military operations.

58.)  Rep Kirkpatrick (D-AZ):  Prohibits the sale, lending, transfer or disposal of any DoD property, including clothing, arms, or equipment to anyone not authorized to receive such property under DoD regulations or in violation of demilitarization regulations.  The amendment also states that if such property is transferred in violation of the previous provision, it may be seized wherever found.  If such property is found in the possession of a person who is not a member of the Armed Forces or a U.S. official, it would be considered prima facie evidence that the property was transferred in violation of the law and would be subject to seizure.

59.)  Rep Kosmas (D-FL):  Requires the Secretary of Defense, in coordination with NASA, to conduct a study of the feasibility of the joint usage of NASA's Shuttle Logistics Depot to supplement DoD requirements for products to support reset initiatives, Advanced Technology Clusters, engineering and reverse engineering analysis, and development of innovative technology and processes to reduce risk, cost, and cycle time of system delivery.

60.)  Rep Luján (D-NM):  Requires the Administrator for Nuclear Security to encourage technology transfer activities at the national security laboratories that lead to the creation of new private sector employment and requires an annual report on such activities.

61.)  Rep. Markey (D-CO):  Requires the Secretary of Veterans Affairs to establish and carry out a new scholarship program to provide graduate and post graduate scholarships to qualifying veterans studying behavioral health sciences.  Under the amendment, a qualifying veteran shall have served in a theater of combat overseas, have been discharged no earlier than 1990, and hold an applicable undergraduate degree.  The scholarship may provide for tuition, "reasonable education expenses," and a stipend.  Each veteran who participates in the program shall perform service in connection with providing mental health services to veterans for a length of time specified by the scholarship agreement.

62.)  Rep. McMahon (D-NY):  Expresses the sense of Congress that the Secretary of Defense should implement a contract with the Institute of Medicine of the National Academy of Sciences to conduct a study and make recommendations regarding the credentials, preparation and training of licensed mental health counselors by no later than December 31, 2010.

63.)  Rep. McMahon (D-NY):  Expresses the sense of Congress that the Secretary of the Navy should name a combat vessel of the U.S. Navy the "U.S.S. Father Vincent Capodanno," in honor of the Navy chaplain who was awarded the Medal of Honor.

64.)  Rep. Minnick (D-ID):  Authorizes the Secretary of Education to provide assistance to cover the difference between the amount provided by the DoD and the total costs of operating a the new National Guard Youth Challenge Program.

65.)  Rep. Perriello (D-VA):  Requires that DoD not take into consideration the costs of employer-sponsored benefits for health and retirement when determining whether a function should be in-sourced from a private contractor to the DoD.

66.)  Rep. Schrader (D-OR):  Requires the Secretary of Defense to provide each member of a reserve component of the Armed Forces, whether mobilized or demobilized, a clear statement of the medical care and treatment to which they are entitled.

67.)  Rep. Schrader (D-OR):  Requires the Inspector General of the DoD to conduct a study on the treatment of members the reserve components.  The study must include an analysis of the treatment of reserve members at mobilization and demobilization and during deployment and redeployment, and identify improvements that can be made.

68.)  Reps. Teague (D-NM), Markey (D-CO), Perriello (D-VA), and Owens (D-NY):  Extends the age that dependents of permanently and totally disabled veterans or veterans who died from serviced connected disabilities may receive health insurance through the Department of Veterans' Affairs from 23 to 26.

69.)  Reps. Titus (D-NV), Heller (R-NV), Costa (D-CA):  Authorizes the Secretary to change the effective date of the Homeowners Assistance Program for members of the armed forces permanently reassigned.  The Secretary would be required to consult with the Secretary of HUD and the Secretary of Treasury regarding the condition of the housing market in the area of the base or instillation.

70.)  Rep. Tonko (D-NY):  Expresses the sense of Congress that the U.S. should establish research and development facilities to produce next generation integrated circuits and the DoD should support public-private partnerships to develop extreme-ultraviolet lithography.

71.)  Rep. Critz (D-PA):  Requires the Secretary of Defense to pay full replacement value for the costs arising from the loss or damage of household goods stored or transported at the expense of the DoD, rather than fair market value.

72.)  Rep. Hinchey (D-NY):  Requires DoD to ensure that each contract awarded for the procurement of photovoltaic devices includes a provisions require compliance with the Buy American Act. 

73.)  Reps. Hinchey (D-NY), Schakowsky (D-IL), and Moran (D-VA):  Requires that private security service providers in Iraq or Afghanistan which hire U.S. citizens and require U.S. security clearance to hire such citizens as full employees rather than independent contractors.

74.)  Rep.  Klein (FL):  Requires that the Secretary of Defense determine that contractors receiving DoD contracts certify that they do not do business with Iran and authorizes the DoD to terminate a contract if such a certification cannot be made.

75.) Rep. Connolly (D-VA):  Requires the Secretary to establish monitoring and evaluation mechanisms for its programs in  the Horn of Africa.

76.) Rep. Connolly (D-VA):  Standardizes federal agency and OPM reporting requirements regarding federal internship programs, with the goal of improving the conversion rate of interns to full time federal employees.

77.) Reps. Pingree (D-ME) and Michaud (D-ME):   Requires DoD to continue commissary and exchange stores serving Brunswick Naval Air Station, Maine, through September 30, 2011.

78.) Rep. Grayson (D-FL):  Requires DoD to justify and report on the use of factors other than cost or price as the predominate factors in evaluating competitive proposals for procurement contracts with DoD.

79.) Rep. Murphy (D-PA):  Repeals the law regarding homosexuality in the military and the corresponding policy known as "Don't Ask, Don't Tell."   By Rep. Murphy's own admission, his amendment would unequivocally end the DADT policy.  Repeal would not be dependent on approval from those serving in our military nor would it be dependent on the findings of a Pentagon study; a repeal would already be set in motion.

Background:  In 1993, Congress passed legislation to establish guidelines for military conduct, including sexual conduct.  Violation of these standards of conduct generally results in the separation of that member of the armed services.  The law also requires that all service members be briefed on the policy regarding sexual conduct upon entry into the armed forces and periodically thereafter. 

 Standards of conduct are in place to facilitate high morale, good order and discipline, and unit cohesion.  The prohibition on homosexual conduct and other conduct that could jeopardize military cohesion and performance are in place to ensure the readiness and preparedness of our military.

 The prohibition against homosexual conduct is a long-standing element of military law that continues to be necessary in the unique circumstances of military service.  Many Members believe that opponents of the policy must be able to show evidence that the readiness of the military will be improved by changing the law.

 Member Concerns:  Before the President or special interests force a change in policy or law, the American people and the Congress deserve to hear from our military leaders of all ranks.  The military services-not political appointees or advocacy groups-must present the Congress with the evidence, so that Congress can judge:

 Ø  Whether the current law degrades readiness in any measurably significant way;

Ø  Whether repealing current law would improve military readiness; and

Ø  What ramifications and potential impacts any change in law or policy may have on the readiness of our military and family members.

 The ability of Members of Congress to make a fully informed judgment about the future of the DADT policy is heavily dependent upon an ability to obtain credible, substantive, comprehensive and objective data and information.  If the military services have not done the analysis necessary to conclusively answer the important questions, then making a premature decision could prove disastrous for our military and our country. 

 If repeal of DADT does not improve the readiness, or increase the retention and recruitment of our troops, then Congress cannot in good conscience expect our armed service members to shoulder this additional burden when they are already fighting two wars. 

Supporters of DADT repeal should bear the burden of proof, and be required to first provide irrefutable evidence that the readiness of the military will be improved by changing the DADT policy. 

80.) Rep. Pingree (D-ME) et al:  Would effectively end the Joint Strike Fighter alternative engine development and strike $485 million from that program.  States that none of the funds authorized for the F-35 Joint Strike Fighter alternative engine may be obligated or expended until the Secretary certifies that the alternative engine would (1) reduce the total life-cycle costs of the F-35 JSF program; (2) improve the operational readiness of the fleet; (3) will not disrupt the JSF program during research, development and procurement; and (4) will not result in the procurement of fewer JSF aircraft. 

Ø  Arguments in Favor of Amendment:  Some Members may be concerned that the Obama Administration and Bush Administrations opposed funding the alternative engine on grounds that it is "costly and unnecessary."  Secretary Gates has suggested a presidential veto if Congress funds the second engine noting that finishing development would cost $2.9 billion over the next six years. 

Ø  Arguments Against Amendment:  Some Members may be concerned that competition should be a guiding principle in defense procurement and this amendment would essentially result in a sole source, 25-year contract.  Additionally, through FY 2010, the government has already invested about $2.9 billion in the alternate engine development.  Members may believe that a competitive engine development program would better ensure an affordable, reliable engine, and protect against the operational risk of having up to 95 percent of the entire U.S. fighter fleet dependent on one engine.  The Heritage Foundation believes that a single engine contract "constitutes an unacceptably high risk."

81.) Rep. Shea-Porter (D-NH):  Requires a penalty for prime contractors that do not provide information to databases on contracts in Iraq and Afghanistan entered into after September 2011, and adds a reporting requirement.  The penalty would withhold award and incentive fee payments. 

82.) Rep. Inslee (D-WA) et al:  Requires the Secretary to consider and take into account any "unfair competitive advantage" offerors possess on contract bids regarding the KC-X aerial refueling aircraft (tanker) program or any successor program.  The Secretary would submit a report to Congress on any "unfair competitive advantage" a offeror may possess.  "Unfair competitive advantage" is defined as a situation in which the cost of development, production, or manufacturing is not fully borne by the offeror for such contract.

This amendment relates to the current bidding process between Boeing and EADS to secure a contract worth approximately $35 billion to build 179 KC-X refueling tanker planes.  Proponents of this amendment support Boeing and contend that EADS has an unfair advantage due to an initial World Trade Organization finding that European governments subsidized Airbus programs, including the A330, which is the basis for EADS' KC-45 tanker.