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Amendments to H.R. 2647—FY 2010 National Defense Authorization Act


Washington, Jun 24 -


Legislative Bulletin………………………………….………..June 24, 2009


 


Contents:


                Amendments to H.R. 2647—FY 2010 National Defense Authorization Act


 


H.R. 2647, the FY 2010 National Defense Authorization Act (sponsored by Rep. Skelton, D-MO), is scheduled to be considered on the House floor on Wednesday, June 24, 2009 under a structured rule (H.Res.572) that provides one hour of general debate, and waives all points of order except for clauses 9 (the earmark rule) and 10 (PAYGO) of Rule XXI.  The rule only makes in order those amendments summarized below.  The rule allows the Chair to reduce to two minutes the time for electronic voting on amendments. 


 


The rule allows the chair of the Committee on Armed Services (or his designee) to offer amendments en bloc consisting of amendments made in order under the rule (which then would be debatable for 20 minutes and would neither be subject to amendment nor to division of the question).     


 


Finally, the rule provides that in the engrossment of H.R. 2647, the text of H.R. 2990, as passed the House earlier this morning, shall be added as a new section to H.R. 2647. 


 


RSC Staff Contacts:    Bruce Miller bruce.miller@mail.house.gov, (202) 226-9720.                                                         (Base bill)


                                    Bruce Miller bruce.miller@mail.house.gov, (202) 226-9720.


                                    (Amendments 1-20)


                                    Natalie Farr natalie.farr@mail.house.gov, (202) 226-0710.


                                    (Amendments 21-50)


                                    Emily Henehan emily.henehan@mail.house.gov (202) 225-4501.


                                    (Amendments 51-69)



                                   



 


AMENDMENTS MADE IN ORDER UNDER THE RULE


 



  1. Skelton (D-MO).  The manager’s amendment makes a number of technical changes to the bill, including a change to the statutory limitation of non‐dual status technicians, extends a deadline from 30 to 90 days to provide a report to Congress on Miranda warning, and place parity in the procurement process for the Army and Navy for Section 1505 of the bill.


 



  1. McKeon (R-CA)/Skelton (D-MO).  Inserts a sense of Congress recognizing Rep. John M. McHugh (R-NY) “representative from New York has served the House of Representatives and American people selflessly and with great distinction and that he deserves the sincere and humble gratitude of Congress and the Nation.”  Rep. McHugh has served in Congress since 1993 and served as Ranking Member of the House Armed Service’s Committee.  Earlier this month, President Obama nominated Rep. McHugh to serve as Secretary of the Army. 


 



  1. McGovern (D-MA)/Jones (R-NC)/Pingree (D-ME). Requires the Secretary of Defense to submit a report to Congress outlining an exit strategy for military forces participating in Operation Enduring Freedom in Afghanistan by December 31, 2009.


 



  1. McGovern (D-MA)/Sestak (D-PA)/Bishop (D-GA)/Lewis (D-GA). The amendment would require the Secretary of Defense to publish the names of students and instructors who were at Western Hemisphere for Institute for Security Cooperation to the public from 2005 and beyond.  Located at Fort Benning, Georgia, the Institute provides professional education and training for civilian, military and law enforcement students from nations in the Western Hemisphere and is the Defense Department's principal Spanish-language training facility for Latin American military and law-enforcement personnel  Some conservatives have expressed concern that publishing their names could expose them and their families to serious danger from criminals within their home countries in a program that promotes cooperation between our two regions.


 


5        Hastings (D-FL).  Prohibits “recruitment, enlistment, or retention of persons associated or affiliated with groups associated with hate-related violence against groups or persons or the United States government.”  The amendment includes a section on the definition of hate groups and concludes the section with “Other groups or organizations that are determined by the Attorney General to be of a violent, extremist nature.” The amendment also describes an association or affiliation with a group associated with hate-related violence as “Individuals known to have attended meetings, rallies, conferences, or other activities sponsored by a hate group.” 


 


Some conservatives have expressed concern that the amendment gives the Attorney General unrestrained authority to interpret who will fall under these categories, which could be interpreted to apply to members affiliated with a pro-life agenda.  This is especially concerning in light of the recent DHS report highlighting right-wing extremist activities, which include individuals who “are dedicated to a single issue, such as opposition to abortion…” 


 


6        Hastings (D-FL). Requires that the controlling entity at the Theater Internment Facility at Bagram Air Force Base in Afghanistan notify the International Committee of the Red Cross (ICRC) when a detainee is taken into custody.  Additionally, the amendment provides the ICRC with access to the detainee within 24 hours of notification.


 


7         LoBiondo (R-NJ)/Delahunt (D-MA)/Coble (R-NC). Allows Coast Guard reservists, who have served on active duty for more than 30 days under mobilization authority, eligible for legal assistance upon release from active duty. Currently, active duty members of the armed forces, retired members of the armed forces, and their respective dependents are eligible for legal assistance in connection with their personal civil affairs.  Coast Guard reservists were not covered when this was privilege was extended in 2000 and this amendment would provide them parity with other branches of the Armed Forces.


 


8        Sanchez, Loretta (D-CA).  Allows the Secretary of the Air Force to establish a nonprofit corporation to support the athletic program of the Air Force Academy and to operate exclusively for charitable, education and civic purposes.  According to the sponsor, the AFA operates at a competitive disadvantage because it lacks the authority and operational flexibility to take advantage of revenue-generating opportunities available to other collegiate athletic programs.  The ultimate goal of the amendment would be to permit the Air Force Athletic Director to raise funds through charities and events so their athletic programs are less dependent on public funds. The athletic Department of United States Naval Academy currently acts as a non-profit entity.


 


9        Franks (R-AZ)/Cantor (R-VA)/Sessions (R-TX)/Broun R-GA)/Roskam (R-IL). The amendment would restore $1.2 billion in funding to the strategic missile defense program.  The offsets would come from defense environmental clean-up and apply to site that are able to meet regulatory milestones ahead of schedule or not able to execute programs authorized in the so-called “stimulus” by the end of Fiscal Year 2010.  The amendment contains a number of findings expressing the importance of robust missile defense program and additional information on the program can be found by clicking here.


 


10    Kratovil (D-MD).  Modifies the report authorized last year on NATO actions abroad to include agreements between NATO nations that participate in International Security Assistance Forces (ISAF) and those nations that do not.  The agreements would include provisions involving strategic force requirements and combat goals. The ISAF consists of NATO nations that participate in the security and development mission of Afghanistan charted by the U.N. Security council in 2001.


 


11    Kratovil (D-MD). The amendment would encourage all departments within the DoD to participate in response programs for energy efficiency. 


 


12    Turner (R-OH).  The amendment restricts funding to reduce strategic nuclear forces as part of an agreement with Russia unless the President certifies the agreement provides sufficient mechanisms to verify compliance, does not limit U.S. ballistic missile defense systems, space capabilities, or advanced conventional weapons, and sufficiently funds the National Nuclear Security Administration to maintain a strong U.S. strategic nuclear force.  Additionally, the President shall submit a report on the stockpiles of strategic and non-strategic weapons of the U.S. and Russia.


 


13    Bright (D-AL). Allows the U.S. Special Operations Command to award a follow-on contract for the acquisition of an item if:



The amendment requires a contract awarded using this authority to have a period of performance of not longer than one year, to be used only to acquire one or more items having an individual unit price under $100,000, and to have a total value not exceeding $25 million.  The amendment requires the commander of special operations, not later than 45 days after the use of the authority, to notify Congress. The provisions of this amendment terminate on October 1, 2013. 


 


14    Adler (D-NJ).  Requires the Secretary to provide a report to Congress on the cost of the Littoral Combat Ship and whether it could be exported to foreign nations in the future.


 


15    Akin (R-MO)/Forbes (R-VA).  Requires the Secretary of Defense to report to Congress within 14 days of requiring a DOD employee to sign a non-disclosure agreement.  Recently, Secretary Gates forced DOD employees to sign non-disclosure agreements before allowing them to work on budget issues and these non-disclosure agreements resulted in the Army refusing to provide witnesses for a hearing before the Armed Services Committee.  Some conservatives have expressed concern that these agreements have undermined both promises of transparency and congressional oversight.


 


16    Bishop (D-GA). Expands funding authority to assist local communities with the cost of infrastructure costs related to the expansion of DOD activities.


 


17    Blumenauer (D-OR)/Brown-Waite(R-FL).  Permits the Secretary to award the Army Combat Action Badge to those who have served between December 7, 1941, and September 18, 2001, if the Secretary determines an individual had not previously been appropriately recognized


 


18    Brown-Waite (R-FL):  The amendment requires the Secretary of Defense to:



19    Cohen (D-TN): Requires the Secretary of Defense, within 180 days, to submit a report to Congress evaluating the potential effects of expanding the list of persons who may  be designated by a member of the Armed Forces as the person authorized to direct disposition of the remains of the member if the member is deceased. 


 



  1. Connolly (D-VA).  Provides that the Energy Independence and Security Act of 2007 does not prohibit an agency from purchasing a generally-available fuel, opposed to a synthetic fuel or non-conventional petroleum source, if the contract does not require it, if the purpose of the contract is not to obtain an alternative or synthetic fuel or fuel from a non-conventional petroleum source, or if the contract does not provide for refinery upgrades or expansion to increase its use of fuel from a non-conventional petroleum source.


 



  1. Connolly (D-VA).  Allows servicemembers who are deployed or relocated due to work to change their cell phone plans without an early termination fee, and allows for unpaid rent and unpaid automobile leases to be paid on a prorated basis due to a move.


 



  1. Costa (D-CA).  Requires a study and a report by the Secrtary of Defense on the distribution of hemostatic agents (substances that stop bleeding) to servicemembers in Afghanistan and Iraq to ensure each service is complying with their policies on these agents.  Includes a sense of Congress that each servicemember should possess hemostatic agents while in the deployed.


 



  1. Cummings (D-MD).  Expands the Military Leadership Diversity Commission to include the reserves. The Commission was established “to conduct a comprehensive evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including minority members who are senior officers.”


 



  1. Cummings (D-MD).  Requires the Secretary of Defense to place military personnel on U.S.-flagged vessels that are traveling in areas designated by the Coast Guard as areas with a high risk of piracy.


 



  1. Geoff Davis (R-KY). Requires the President to designate an executive agency to commission a study by a non-profit organization.  The organization will study the design and implementation of an interagency system for career development of national security professionals.


 



  1. DeFazio (D-OR).  Requires the Secretary of Defense to conduct a study on how many subcontractors were used on the last five major weapons systems where acquisition has been completed.  The goal is to determine whether fewer subcontractors might have been more cost-effective.  


 



  1. DeLauro (D-CT).  Requires the Secretary of Defense to conduct a demonstration project on the feasibility of providing servicemembers with a post-deployment mental health screening.  Many conservatives might be concerned at the potential for a requirement that servicemembers get mental health screenings. A demonstration project sets the precedent for becoming a mandatory program in the future which many conservatives view as invasive and violating and individual’s ability to seek health care services if they want them.


 



  1. Driehaus (D-OH).  Requires the Comptroller General to submit a report to Congress with an assessment of the impact of domestic violence on children of servicemembers, and information regarding progress on providing care and services to those children. 


 



  1. Flake (R-AZ).  Requires a report no later than 60 days after enactment on each requested earmark regarding the competitive procedures used to obtain the earmark, and the reasons why the earmark was obtained if there were no competitive procedures used.


 



  1. Grayson (D-FL). Requires a GAO report within 90 days of enactment on cost overruns in the performance of DOD contracts in FY2006 through FY2009.  The list must include the identification of the contractor and the covered contract involved, the cost estimate of the covered contract, and the cost overrun for the covered contract.


 



  1. Hare (D-IL)/Braley (D-IA)/Tonko (D-NY)/Scott Murphy (D-NY).  Extends the authorization for the Arsenal Support Program Initiative (ASPI) for one year (through FY2011).  ASPI promotes the commercial use of underutilized capacity at arsenal facilities. ASPI funds projects to modernize these facilities for use.


 



  1. Hodes (D-NH).  Establishes a program within the Office for Reintegration Programs to provide National Guard and Reserve members with suicide prevention training, and community healing and training on the response to suicide.


 



  1. Holden (D-PA).  Requires the Secretaries of the Army, Navy, and Air Force to design and issue a new badge called the Combat Medevac Badge.  It will be awarded to service members who served on or after June 25, 1950, as pilots or crew members on helicopter medical evacuation ambulances.


 



  1. Holt (D-NJ).  Requires DOD to videotape or electronically record all military interrogations of persons in custody of DOD.  According to the amendment’s findings, the amendment is directly related to the prisoner abuse at Guantanamo Bay and Admiral Patrick Walsh’s recommendation that video recordings will “confirm humane treatment” and “maintain accountability.”  The amendment further states that the Secretary of Defense will appropriately classify the recordings to protect the safety of those doing the interrogations. 


 



  1. Eddie Bernice Johnson (D-TX).  Amends part of the bill regarding a report on health care of military family members by adding language regarding the need for an availability of mental health care services for dependents accompanying a member stationed at an overseas military base.


 



  1. Barbara Lee (D-VA).  Prohibits the establishment of permanent military bases in Afghanistan. 




  1. Lipinski (D-IL).  Expresses a sense of Congress that reaffirms its support for the recovery and return of the remains of service members killed during World War II in the battle of Tawara Atoll.  The amendment also encourages DOD to enhance its efforts to recover and return the remains.  According to the amendment, 1100 Marines and other service members were killed during the battle, which began on November 20, 1943 and lasted for three days.


 



  1. Maloney (D-NY).  Requires the Secretary of Defense to submit a report 120 days after enactment and every six months thereafter on the progress with the Defense Incident-Based Reporting System.  According to the DOD website, the Defense Incident-Based Reporting System is in place “to standardize and institutionalize data submissions for criminal and ‘high interest’ incident-related information…”.  It is essentially a crime reporting system to collect information on criminal activity.


 



  1. Maloney (D-NY)/Honda (D-CA).  Establishes an Overseas Voting Advisory Board that will conduct studies on overseas voting.  The Board will study the ability of overseas individuals to vote, methods to promote voter registration, and the potential need for legislation to address the ability of overseas individuals to register to vote and to vote.  The Board must report its findings to Congress by March 31st of each year.  Additionally, each year, relevant House and Senate Committees “may” hold hearings on the annual report.  The Board will consist of five members (two of which would be appointed by the Minority and two by the Majority) appointed for four years.


 



  1. Minnick (D-ID).  Directs the Secretary of Defense to submit a report on health care accessibility for service members living in rural areas, including policy recommendations to improve their health care options.


 



  1. Sarbanes (D-MD).  Requires the Comptroller General to create a panel to study the ethics, competence, and effectiveness of acquisition personnel and the government procurement process.  The panel will be called the “Procurement Professionalism Advisory Panel” and will focus on the role of the federal acquisition workforce at each stage in the procurement process; the legislation and regulations that govern procurement personnel; and tools used to hire and retain personnel.  The Comptroller shall issue a report to Congress within 18 months of enactment of the bill.  


 



  1. Schakowsky (D-IL).  Changes current language in the FY2009 National Defense Authorization Act to allow any member of Congress to access the database of information regarding the integrity and performance of individuals awarded federal contracts and grants.  Currently, only the Chairmen and Ranking Members have access to the database.


 



  1. Schakowsky (D-IL).  Adds reporting requirements regarding the ratio between the number of individuals who award and oversee contracts with the amount obligated or spent on contracts; and the number of individuals who award and oversee contracts who are themselves contractors.


 



  1. Schrader (D-OR).  Requires that the Secretary of Defense alert service members (when at home or deployed) when they have been exposed to potentially harmful materials.  The Secretary must also alert them of the possible side effects.


 



  1. Chris Smith (R-NJ).  Requires GAO to report to Congress on the security measures in place before the units on Naval Weapons Station Earle are able to be rented to the general public.  The Navy entered into an agreement in 1998 to build 300 units on Naval Weapons Station Earle in Colts Neck, NJ, to be rented out to military personnel.  However, in 2010, the developer may rent the units to anyone if there are not enough military personnel to fill them.  Mr. Smith is highly concerned that the military base will become more vulnerable to infiltration (like the group that was planning to attack Fort Dix). The amendment would also require a study on the costs needed for security upgrades on the base.


 



  1. Chris Smith (R-NJ).  Express the Sense of Congress that the intra-familial abduction to foreign countries of children of service members is a violation of the rights of parents.  The amendment also requires a report on this type of abduction within 60 days of enactment.  Among other things, the report shall include the total number of children abducted to each country that is part of the Hague Convention on the Civil Aspects of International Child Abduction, and the total number of children abducted who were returned their military parent.


 



  1. Souder (R-IN).  Clarifies that section 111 of the bill only affects prospective FY2010 funds, not funding for the prior year. Section 111 addresses a restriction on obligation of funds for Army tactical radio systems. 


 



  1. Space (D-OH).  Requires the development and implementation of a secure electronic method of forwarding the DD Form 214.  The DD Form 214 pertains to the release or discharge from active duty.


 



  1. Thompson (D-CA). Allows for the conveyance of Ferndale Housing which used to hold the Centerville Beach Naval Facility in Ferndale, California, to the City of Ferndale.  The property would be used for low and moderate income seniors and families.


 



  1. Taylor (D-MI).  Authorizes the Navy to enter into a lease agreement with the Maritime Administrator for the Huakai and Alakai vessels.


 



  1. Tierney (D-MA). Requires that the Secretary of Defense also report on proposed radars when reporting on whether a missile defense system (proposed interceptors) has demonstrated a high probability of operating successfully.


 



  1. Tierney (D-MA). Directs the Secretary of Defense to commission a report from the JASON Defense Advisory Panel, an independent scientific advisory group created in 1960 that consults the U.S. government on matters of defense science and technology, on the technical and scientific feasibility of missile defense discrimination capabilities as designed and conceived.


 



  1. Van Hollen, Chris (D-MD). Expresses the Sense of Congress that multiple methods are available to the Defense Department to implement the defense access roads program (23 U.S.C. sec. 210) in the vicinity of the National Naval Medical Center in Bethesda, MD and all efforts to alleviate traffic congestion should be pursued to ensure access to health care at the installation.


 



  1. Walz (D-MN). Requires the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, to submit to Congress a report on the progress that has been made on the establishment, announced by the President on April 9, 2009, of a Joint Virtual Lifetime Electronic Record for members of the Armed Forces to improve the quality of medical care and create a seamless integration between the Department of Defense and the Department of Veterans Affairs.


 



  1. Weiner (D-NY). Requires the GAO Comptroller General, within 90 days of enactment, to report to Congress on the costs incurred by cities and other municipalities that elect to cover the difference between an employee's military service when that employee is a member of a reserve component and called to active duty and the municipal salary of the employee.


 



  1. Whitfield (R-KY). Amends the Report on Post-Traumatic Stress Disorder under Subtitle B to include a report on the effectiveness of alternative therapies in the treatment of post-traumatic stress disorder, including the therapeutic use of animals.


 



  1. Griffith (D-AL). Expresses the sense of Congress reaffirming the requirement that the Defense Secretary thoroughly considers the role of ballistic missile defenses during the quadrennial defense review and the nuclear posture review.


 



  1. Wilson (R-SC). Recognizes state defense forces as integral military components of the homeland security effort, while reaffirming that such forces remain entirely state regulated, organized, and equipped and will be used only for homeland security purposes at the local level under state law.  The Secretary of Defense may only coordinate and provide assistance to a state defense force if it is requested by a State or force and would not be able permitted to if such assistance would impede the DOD’s ability to execute missions, take resources away from war-fighting units, incur non-reimbursed identifiable costs or consume resources in a manner inconsistent with the DOD’s mission. It permits federal/state training coordination and allows the Defense Secretary to transfer excess property and equipment to state defense forces.


 



  1. Holt (D-NJ). Includes a Sense of Congress that some veteran Individual Ready Reserve (IRR) members are less likely to be helped by existing suicide prevention programs run by the DOD and VA.  Requires the Defense Secretary to ensure that IRR members who have served at least one tour in either Iraq or Afghanistan receive at least quarterly counseling calls from properly-trained personnel to determine the their emotional, psychological, medical, and career needs during their time as an IRR member.  At-risk members will be referred to the nearest military medical treatment facility or accredited TRICARE provider for immediate evaluation and treatment.


 



  1. Garrett (R-NJ). Expresses the sense of Congress that the State of Israel is one of the United States’ strongest allies with whom we face common enemies and that the United States should continue to work with Israel to ensure it receives military assistance, including missile defense capabilities, needed to address existential threats.


 



  1. Kirk (R-IL) / Larsen, Rick (D-WA). Gives the Secretary of Defense with the authority to develop a demonstration program that provides a bonus to a service member (particularly members who score well on the Foreign Service Institute test for dominate regional languages) who agrees to serve in Afghanistan for six consecutive years, or until forces withdraw. The Secretary must first submit a description and expected benefit of the program followed by an annual report and assessment of the program.


 



  1. Sestak (D-PA). Grants treatment such as, rehabilitative care, psychiatric care, speech therapy, occupational therapy and group therapy, to autistic children of military personnel.


 



  1. Bishop, Tim (D-NY) / Shea-Porter (D-NH). Requires the Secretary of Defense to prohibit the disposal of medical waste in open-air burn pits, during a contingency period, lasting longer than one year. Further, this requires the Defense Secretary to submit a report to Congress on the use of such burn pits in contingency operations. The report will include a description of the waste burned along with feasible alternative methods.


 



  1. Blumenauer (D-OR) / Brown-Waite (R-FL). Requires that that the Secretary of Defense includes levels of funding for the Military Munitions Response Program, the Installation Restoration Program and a report on progress of these programs in the Defense budget submission.


 



  1. Castor (D-FL) / Bilirakis (R-FL). Allows for members of the Armed Forces serving in combat operations a free monthly postal voucher, transferrable to their family members, nonprofit organization (such as those that send care packages), or any person selected by the qualified member allowing their loved ones to send a letter or package to qualified members at no cost. No more than $50 million of the funds authorized for Army operation and maintenance, shall be available for postal benefits. Offsetting reductions are provided from System-Wide Air Force Communications, System-Wide Navy Communications, and Army Claims.


 



  1. McDermott (D-WA). Requires the Secretary of Defense and the Secretary of State to work with other members states of the United Nations and local and international nongovernmental organizations to publish a map demonstrating mineral-rich zones and areas under the control of armed groups in the Democratic Republic of Congo. Mineral mines in areas under the control of armed groups will be known as ‘conflict zone mines’.  The map shall be updated every 180 days until the Secretary certifies that no armed party is involved in the mining, sale, or export of minerals.


 



  1. Schiff (D-CA).:  Allows a federally-funded research and development center in the National Aeronautics and Space Administration that functions primarily as a research laboratory to respond to Department of Defense agency announcements.


 



  1. Bordallo (D-GU). Adds the text of H.R. 44, the "Guam World War II Loyalty Recognition Act," to recognize the suffering and loyalty of the residents of Guam during the occupation by Imperial Japanese military forces during WWII and creates a memorial to occupants of Guan during WWII. Requires the Secretary of the Treasury to make payments to the occupants of Guam for death, personal injury, forced labor, forced march and internment and authorizes the Foreign Claims Settlement Commission to settle claims.


 



  1.  Grayson (D-FL). Requires that technical or other criteria be given at least equal importance to cost or price to the Federal government in evaluating competitive proposals for defense contracts. Further requires the Defense Secretary report to Congress along with posting on the Internet a list of each waiver issued by the head of an agency during the preceding fiscal year.