[House Report 110-666]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-666
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5658) TO AUTHORIZE
APPROPRIATIONS FOR FISCAL YEAR 2009 FOR MILITARY ACTIVITIES OF THE
DEPARTMENT OF DEFENSE, TO PRESCRIBE MILITARY PERSONNEL STRENGTHS FOR
FISCAL YEAR 2009, AND FOR OTHER PURPOSES
_______
May 21, 2008.--Referred to the House Calendar and ordered to be printed
_______
Mr. Cardoza, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1218]
The Committee on Rules, having had under consideration
House Resolution 1218, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for further consideration of H.R.
5658, the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009, under a structured rule without further
general debate.
The resolution considers as an original bill for the
purpose of amendment the amendment in the nature of a
substitute recommended by the Committee on Armed Services. The
committee amendment shall be considered as read. The resolution
waives all points of order against the committee amendment
except those arising under clause 10 of rule XXI. This waiver
does not affect the point of order available under clause 9 of
rule XXI (regarding earmark disclosure).
The resolution makes in order only those amendments printed
in this report and waives all points of order against such
amendments except those arising under clause 9 or 10 of rule
XXI. The amendments made in order shall be considered as read,
shall be debatable for the time specified in this report
equally divided by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for
a division of the question.
The resolution permits the chairman of the Committee on
Armed Services or his designee to offer amendments en bloc if
those amendments have been printed in this report and not
earlier disposed of. The Chairman of the Committee of the Whole
may recognize for consideration any amendment printed in this
report out of the order it was printed but not sooner than 30
minutes after the chairman of the Committee on Armed Services
announces from the floor a request to that effect. The
resolution provides one motion to recommit with or without
instructions. The rule provides that, notwithstanding the
operation of the previous question, the chair may postpone
further consideration until a time designated by the Speaker.
The rule provides that in the engrossment of H.R. 5658, the
text of H.R. 6048, as passed the House, shall be added at the
end of H.R. 5658. The resolution authorizes the Speaker to
entertain motions that the House suspend the rules at any time
through the legislative day of Thursday, May 22, 2008, relating
to any measure pertaining to agricultural programs.
EXPLANATION OF WAIVERS
The waiver of all points of order against the committee
amendment (except for those arising under clause 10 of rule
XXI) includes waivers of: (1) clause 7 of rule XVI
(germaneness), (2) clause 4 of rule XXI (appropriating on
legislative bills), and (3) section 303 of the Congressional
Budget Act (mistimed changes in direct spending).
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 507
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Dreier.
Summary of motion: To strike section 8 of the rule.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 508
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Brown-Waite (FL), #27, which
provides for the concurrent payment of voluntary separation
incentives and veterans disability compensation to eligible
veterans.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 509
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Diaz-Balart.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Akin (MO), #46, which would
add H.R. 6023, the Freedom to Serve Act, to title V of the
bill. The amendment would make it a federal criminal offense
(1) to interfere with or intimidate any person providing
military recruiting services, (2) to intimidate or interfere
with anyone inquiring about service in the U.S. armed services
or National Guard of any state, or (3) to damage or destroy any
recruiting facility or attempt to do so. A penalty includes a
fine, imprisonment, or both.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 510
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Hastings (WA).
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Bishop, Rob (UT), #78, which
provides the Secretary of Defense (or his designee) authority
to procure fuels from alternative fuel sources, such as coals-
to-liquids, tar sands, and oil shale, if the Secretary
determines that it is in the best interest of defense readiness
and national security.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 511
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Sessions (TX), #102, which
states a Sense of Congress that the United States Congress
needs to support the development, testing, and fielding of the
capability to intercept ballistic missiles in their boost
phase.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 512
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Hunter (CA), #124, which
provides that the President shall provide for expedited
permitting processes for the construction and operation of
petroleum refineries on military installations. Permits the
Defense Secretary to enter into agreement with a U.S. person to
build and operate a petroleum refinery on a military
installation. It requires the President to notify Congress if
the President utilizes the permitting authority.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 513
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Terry (NE), #36, which would
provide the Department of Defense multi-year procurement
authority for the purchase of alternative and synthetic
aviation fuel.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 514
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Fortenberry (NE), #66, which
would replace the TRICARE Reserve Select premium recalculation
and upper limit with a refund of premiums beyond 28% of program
cost when premiums collected exceed 33% of actual program cost
for the year. Refunds would be issued in 2010 and every year
thereafter.
Results: Defeated 4-8.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Cardoza--Nay; Welch--Nay; Arcuri--Nay; Sutton--
Nay; Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea;
Sessions--Yea; Slaughter--Nay.
Rules Committee record vote No. 515
Date: May 21, 2008.
Measure: H.R. 5658.
Motion by: Mr. McGovern.
Summary of motion: To report the rule.
Results: Adopted 8-4.
Vote by Members: McGovern--Yea; Hastings (FL)--Yea;
Matsui--Yea; Cardoza--Yea; Welch--Yea; Arcuri--Yea; Sutton--
Yea; Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay;
Sessions--Nay; Slaughter--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
1. Skelton (MO): Manager's Amendment. Makes a series of
technical corrections to H.R. 5658, as reported by the
Committee on Armed Services on May 16, 2008. (5 minutes)
2. Skelton (MO)/Berman (CA)/Lowey (NY): Requires the
Defense Secretary, Secretary of State, and USAID Administrator
to establish a standing advisory panel to improve integration
on matters of national security. The twelve-member panel,
appointed by the three agency heads, will look closely at how
the three agencies collaborate on specific overseas national
security issues. (20 minutes)
3. Akin (MO): Would increase funding for Future Combat
Systems by $193 million. The increase would be offset by (1) a
$30 million reduction in Navy research, development, test, and
evaluation; (2) a $138 million reduction in DOD military
personnel; and $25 million from the Defense Health Program. (10
minutes)
4. Spratt (SC): Requires the DNI, on an annual basis, to
submit to Congress an update of the National Intelligence
Estimate entitled ``Iran: Nuclear Intentions and Capabilities''
and dated November 2007. Such update may be submitted in
classified form. The President shall notify Congress in writing
within 15 days of determining that Iran has met or surpassed
any major milestone in its nuclear weapons program or that Iran
has undertaken to accelerate, decelerate, or cease the
development of any significant element within its nuclear
weapons program. (20 minutes)
5. Smith, Adam (WA): Would require the President to develop
and submit to Congress a comprehensive interagency strategy for
strategic communication and public diplomacy by December 31,
2009. It also requires the President to submit a report
describing the current roles and activities of the Departments
of Defense and State in those areas, as well as to assess and
report on a key recommendation by the Defense Science Board, by
June 30, 2009. (5 minutes)
6. Franks (AZ): Would add $719 million to the Missile
Defense Agency's budget. This amendment directs the Department
of Defense to utilize the $719 million for Theater High-
Altitude Area Defense (THAAD), Aegis Ballistic Missile Defense,
and Tests & Targets within the Missile Defense Agency account
portfolio. The offset for the $719 million is to be determined
by the Secretary of Defense from title II of the bill
(Research, Development, Test, and Evaluation). (20 minutes)
7. Tauscher (CA): Clarifies that the Federal Advisory
Committee Act (FACA) does not apply to the Congressional
Commission on the Strategic Posture of the United States, which
was established by section 1062 of the National Defense
Authorization Act for FY 2008. (5 minutes)
8. Boren (OK): Would amend Sec. 526 of the Energy
Independence and Security Act of 2007 to include clarifying
language regarding the procurement by a federal agency of
alternative or synthetic fuels. Would clarify the conditions in
Sec. 526 by which DOD and other federal agencies would be
allowed to enter into a contract to purchase a generally
available fuel, if it is not predominantly an alternative or
synthetic fuel. The amendment would also set forth a set of
conditions pursuant to these changes. (20 minutes)
9. Cummings (MD)/Watson (CA): Revises section 595 of the
bill (Senior Military Leadership Diversity Commission) to add
two Coast Guard officers to the membership of the Commission.
(5 minutes)
10. Sestak (PA): Would provide that autistic children of
members of the Armed Forces, who are enrolled in the Extended
Care Health Option program, receive a minimum of $5,000 per
month of autistic therapy services. (5 minutes)
11. Sestak (PA): Would establish the Visiting NIH Senior
Neuroscience Fellowship Program at the Defense Advanced
Research Projects Agency (DARPA) and the Defense Center of
Excellence for Psychological Health and Traumatic Brain Injury
(DCoE). (5 minutes)
12. Buyer (IN): Would provide $22.3 million for Army
Reserve first term dental readiness and $8.5 million for Army
Reserve demobilization dental treatment. (5 minutes)
13. Slaughter (NY)/Poe (TX): Would require defense
contractors supporting the missions in Iraq and Afghanistan to
report violent crimes committed against or by Defense
Department contract employees and require that the information
be made public. Would require defense contractors to provide
victims with medical and psychological assistance. (5 minutes)
14. Castle (DE)/Hinojosa (TX): Would give the secretary of
a military department authority to authorize military
installations to enter into partnerships with colleges,
universities, and technical schools for the purposes of
improving the accessibility and flexibility of college courses
available to active duty service members. Such partnerships
would be used to conduct outreach, develop flexible class
schedules and locations, assist with academic counseling, and
assess how resources may be applied more effectively to meet
educational needs of service members. (5 minutes)
15. Waxman (CA): Would (1) require agencies to enhance
competition in contracting, (2) limit the use of abuse-prone
contracts, (3) rebuild the federal acquisition workforce, (4)
strengthen anti-fraud measures, and (5) increase transparency
in federal contracting. (20 minutes)
16. LaHood (IL): Would allow a service member with a minor
dependent (child under the age of 19) to request a deferment of
a deployment to a combat zone if their spouse is currently
deployed to a combat zone. (5 minutes)
17. Woolsey (CA): Requires the Navy Secretary and the
Interior Secretary to negotiate a memorandum of agreement to
transfer the decommissioned Naval Security Group Activity,
Skaggs Island, Sonoma, California, from the Navy to the U.S.
Fish and Wildlife Refuge for inclusion in the National Wildlife
Refuge System. It also permits the Navy and the Interior
Secretary to accept donations from the State of California and
other entities to cover the costs of building removal and
environmental remediation. It provides that funds received may
be merged with other amounts available to carry out the section
and shall remain available, without appropriation and until
expended. (5 minutes)
18. Berman (CA): Adds an additional finding to title XVI of
the bill (Reconstruction and Stabilization Civilian Management)
to reflect the Administration's request for stabilization
activities. It also modifies the amendment to the Foreign
Assistance Act made by section 1604 of the bill relating to
using otherwise transferred or reprogrammed funds for
stabilization or reconstruction assistance to have it apply to
fiscal years 2009, 2010, and 2011 instead of fiscal years 2008,
2009, and 2010. It also increases the amount that can be used
for these purposes from $100 million to $200 million. (10
minutes)
19. Porter (NV): Finds that Congress and the Secretary of
Defense should work to understand and identify the contributing
factors related to suicide amongst our service men and women.
Additionally, the Amendment strongly encourages the Secretary
of Defense to conduct a study related to the mental health risk
for non- combative service members, such as Unmanned Aerial
Vehicle (UAVs) Operators. Moreover, this amendment advises that
Congress and the Secretary of Defense provide our military with
responsible mental health services and information related to
suicide prevention. (5 minutes)
20. Capito (WV): Would increase the amount provided for DOD
military personnel by $3 million, one million each for the Army
Secretary, Navy Secretary, and Air Force Secretary, for the
funeral honors program. The increase would be offset by a $3
million reduction to be derived from the basic research under
the University Research Initiatives. (5 minutes)
21. Cooper (TN): Would require the Secretary of Defense to
report to Congress an acquisition strategy for insurance
required by the Defense Base Act. (5 minutes)
22. Flake (AZ): Would prohibit any funds appropriated to
carry out H.R. 5658 from being used for a library/lifelong
learning center at Marine Corps Base Twentynine Palms,
California. (10 minutes)
23. Tierney (MA): Would reduce funding for the Missile
Defense Agency by $966.2 million. It would provide $75 million
for the Cooperation Threat Reduction program, $592 million for
the nonproliferation and WMD programs of the Energy Department,
$30 million for impact aid to help local educational agencies
provide support to dependents of service members, $30 million
for family support of wounded service members, $30 million for
suicide prevention programs for service members, and $10
million for a pilot program to identify and retrain wounded
service members as military health professionals to treat other
wounded service members. Any remaining funds would be used to
fund National Guard and Reserve shortfalls, especially in
connection with homeland security activities. (20 minutes)
24. Price, Tom (GA): Amends safeguards and internal
controls of DOD to require that appropriate inventory and
property systems are updated promptly in response to
expenditures charged to a purchase card related to sensitive
and pilferable property. It also requires that penalties for
violations of the law provide for the reimbursement of charges
for unauthorized or erroneous purchases. (5 minutes)
25. Price, David (NC): Would prohibit agencies under the
Department of Defense from using contractors to perform
interrogations. The amendment would allow the use of
contractors for interpretation. (10 minutes)
26. Lee (CA): Provides that no provision in any status of
forces agreement negotiated between the United States and the
Government of Iraq that obligates the United States to the
defense of Iraq from internal or external threats shall have
any legal effect unless the agreement is in the form of a
treaty requiring the advice and consent of the Senate, or is
specifically authorized by an Act of Congress. (20 minutes)
27. Fossella (NY): Would direct the Secretary of Defense,
in consultation with the United States Postal Service, to
provide postal benefits to service members serving in Iraq or
Afghanistan or currently hospitalized under the care of the
Armed Forces. Qualified individuals will receive one voucher
for every two months their designated service member is
overseas. The Department of Defense will be appropriated an
amount equal to the expenses incurred by the program. The
Department of Defense will transfer funds to the Postal Service
in advance of each calendar quarter equal to the estimated
costs that the Postal Service will incur. (5 minutes)
28. Inslee (WA): Directs the Defense Secretary to include
the effects of greenhouse gas emissions in planning,
requirements development, and acquisition processes. Included
is the development of a performance parameter to measure
greenhouse gas emissions in acquisitions. (10 minutes)
29. Inslee (WA): Directs the Defense Secretary to study the
use of power management software at DOD facilities to reduce
the amount of electricity consumed by computers, monitors, and
other electronic equipment. (5 minutes)
30. Brown-Waite (FL): Permits the Army Secretary to award
the Army Combat Action Badge to those soldiers who served
during the dates ranging from December 7, 1941, to September
18, 2001, if the Secretary determines such individuals have not
been previously recognized in an appropriate manner for such
participation. The Army Secretary may arrange with suppliers of
the Badge so that eligible recipients may procure the Badge
directly from suppliers. (10 minutes)
31. McGovern (MA)/Bishop, Sanford (GA)/Sestak (PA):
Requires the Defense Secretary to release to the public, upon
request, the names, ranks, countries of origin, and other
information of students and instructors of the Western
Hemisphere Institute for Security Cooperation (``WHINSEC'').
The amendment covers fiscal years 2005-2008 and any fiscal year
thereafter. (20 minutes)
32. Holt (NJ)/Tauscher (CA)/Grijalva (AZ)/Schakowsky (IL):
Would require the videotaping or electronic recording of
detainee interrogations in the custody of or under the
effective control of the Department of Defense. Directs the
Judge Advocates General of the respective military services to
develop uniform guidelines for such videotaping or electronic
recording, and for said guidelines to be provided to Congress.
(10 minutes)
33. Pearce (NM): Would amend title XXXI (DOE National
Security Programs) to remove $10 million in funding for energy
conservation on military installations and increase funding for
the Reliable Replacement Warhead program by $10 million. (10
minutes)
34. McDermott (WA): Would require DOD to report to Congress
on implementation of the recommendations of the report
entitled, ``Review of the Toxicologic and Radiologic Risks to
Military Personnel from Exposure to Depleted Uranium During and
After Combat.'' The Secretary shall expand the depleted uranium
registry and identify and provide additional health monitoring
for Gulf War level II personnel who had several hours of
unprotected exposure to such munitions in perforated vehicles.
The report shall describe the progress being made in
identifying these veterans and the additional health monitoring
being provided. (5 minutes)
35. King, Steve (IA): Would require the Chief of the
National Guard Bureau to submit a report to Congress detailing
the extent to which the various provisions enacted within title
XVIII of the FY08 National Defense Authorization Act (National
Guard Bureau Matters) have been effective in giving the
National Guard a clearer voice in policy and budgetary
discussions within the Department of Defense and assessing the
adequacy of Department of Defense funding for the resource
requirements of the National Guard. (5 minutes)
36. Matsui (CA): Would allow the Defense Department six
months to review appeals from service members who were denied
full Army College Fund benefits under Army Incentive Program
contracts. It also provides that a payment under the amendment
may be made without regard to any limits on total combined
amounts under the Army College Fund and the Montgomery GI Bill.
(5 minutes)
37. DeFazio (OR): Would require that for any Department of
Defense contract for truck transportation or service using
fuel, the motor carrier, broker, or freight forwarder involved
in the transaction must pass any fuel surcharge on to the
person responsible for paying the cost of fuel and to disclose
that surcharge and other charges in writing. The amendment also
directs the Department of Defense to prescribe regulations for
the enforcement of this provision, including any necessary
penalties or sanctions. (5 minutes)
38. Turner (OH): Would require a report from the Secretary
of Defense within 45 days after the date of enactment on
laboratory personnel demonstration projects. (5 minutes)
39. Stupak (MI): Would extend eligibility for military
disability retired pay to individuals who left enlisted service
in order to attend a military academy between January 1, 2000
and October 28, 2004, and who suffered a disabling injury while
attending the academy. (5 minutes)
40. DeLauro (CT)/Courtney (CT): Requires the Defense
Secretary to conduct a demonstration project to assess the
feasibility and efficacy of providing a face to face post-
deployment mental health screening between a member of the
Armed Forces and a mental health provider. The project shall be
developed by the Defense Secretary in conjunction with the VA
Secretary and HHS Secretary. The Defense Secretary may
coordinate with any accredited college, university, hospital-
based or community-based mental health center the Secretary
deems appropriate. (5 minutes)
41. Everett (AL): Would expand existing authority for
professional military education institutions of the Army, Navy,
Air Force, and Marine Corps to award degrees to graduates of
their schools. The amendment also would establish congressional
notification requirements for the establishment, modification,
redesignation, or termination of any new or existing degree
programs. It prohibits the awarding of a degree unless the
Education Secretary has recommended approval of the degree in
accordance with the Federal Policy Governing Granting of
Academic Degrees by Federal Agences and the curriculum leading
to the degree is accredited by the appropriate civilian agency
or organization (as determined by the Education Secretary). (5
minutes)
42. Schakowsky (IL): Would require the Secretary of Defense
to revise the regulations issued pursuant to section 862 of the
Fiscal Year 2008 National Defense Authorization Act
(contractors performing private security functions in areas of
combat operations) to ensure that private security contractors
are not authorized to perform inherently governmental functions
in an area of combat operations. It also requires the Defense
Secretary, in coordination with other agency heads, to review
the performance of private security contractors to ensure
compliance with the amendment. (5 minutes)
43. Schiff (CA): Would require the Defense Secretary to
study methods to verifiably reduce the likelihood of accidental
nuclear launch by any nation. The Secretary must report to
Congress on the results of the study within 6 months. (5
minutes)
44. Blumenauer (OR): Would require the Defense Secretary to
establish a program to research and develop unexploded ordnance
detection technology and facilitate the deployment of this
technology in the field. The Secretary may carry out the
program via grants or other financial arrangements with states,
private companies, academic institutions, or other
nongovernmental entities. (5 minutes)
45. Bordallo (GU): Would permit the Transportation
Secretary, acting through the Maritime Administration, to
establish a Port of Guam Improvement Enterprise Program to
provide for the planning, design, and construction of projects
for the Port of Guam to improve facilities, relieve port
congestion, and provide greater access to port facilities. It
also establishes in the United States Treasury a separate
account known as the Port of Guam Improvement Enterprise Fund
to carry out the program. It permits funds in the account to be
deposited and transferred to the Administrator. Provides that
nothing in the section shall authorize amounts made available
under 23 U.S.C. sec. 215 or other funds for highway
improvements not eligible for making port improvements to be
deposited into the Fund. (5 minutes)
46. Moore, Gwen (WI): Would require the Comptroller General
to review, and report to Congress within one year on, the DOD's
implementation of the recommendations of the Department of
Defense Task Force on Mental Health to ensure a full continuum
of psychological health services and care for members of the
Armed Forces and their families. (5 minutes)
47. Ortiz (TX): Would require a report be submitted to the
congressional defense committees by the Secretary of the Navy
not later than 120 days after enactment of the act on future
jet carrier training requirements. The report shall assess the
Navy's plan concerning jet carrier training requirements;
assess studies conducted by independent organizations
concerning jet carrier trainer requirements; and include a
cost-benefit analysis between a new start program or
modernization of the existing platform. (5 minutes)
48. Kennedy, Patrick (RI)/Shea-Porter (NH): Requires the
Secretary of Defense to conduct a demonstration project to
assess the feasibility of providing a behavioral health care
provider locator and appointment assistance service for members
of the reserve components of the Armed Forces seeking treatment
for depression, post traumatic stress disorder, substance abuse
problems, and other mental illnesses. The demonstration program
would include a toll-free hotline that would be available 24
hours a day 7 days a week to help reservists find behavioral
health care providers and schedule outpatient appointments
within the TRICARE network. (5 minutes)
49. Israel (NY): Requires the Secretary of Defense to
report to Congress on DOD's policies regarding the sale and
disposal of used motor vehicle oil, including policies to
require closed loop recycling of used oil as a means of
reducing total indirect energy usage and greenhouse gas
emissions. The Secretary shall implement such policies whenever
feasible. (5 minutes)
50. Israel (NY): Would create a joint Department of
Defense/Department of State program for the purpose of hiring
Iraqis (who supported U.S. efforts in Iraq and who have
resettled in the U.S.) as translators, interpreters, and
cultural awareness instructors for various agencies of the
federal government. It also requires the Defense Secretary and
Secretary of State to work with NGO's and refugee coordinators
of the State Department to ensure Iraqis resettled in the U.S.
are informed of the program. (10 minutes)
51. Schwartz (PA)/Murphy, Patrick (PA): Would prevent
future use of the airfield at NASJRB Willow Grove,
Pennsylvania, for commercial passenger operations; commercial
cargo operations; commercial, business, or nongovernment
aircraft operations not related to missions of the
installation; and as a reliever airport to relieve congestion
at other airports. (5 minutes)
52. Bishop, Sanford (GA): Would provide 180 days of
transitional health care to those service members who separate
honorably from active duty and agree to serve in the Guard or
Selected Reserve at no charge to the service member. It would
offset the cost by cutting $22 million from the Missile Defense
Agency. (10 minutes)
53. Braley (IA): Requires the President to submit a report
to Congress on the long-term costs of Operation Iraqi Freedom
and Operation Enduring Freedom within 90 days of enactment. The
amendment directs the estimate to be based on certain
scenarios; make projections through at least Fiscal Year 2068;
and take into account and specify various factors, including
operational costs, reconstruction costs, and the cost of
providing health care and disability benefits. (10 minutes)
54. Carney (PA): Would express the sense of Congress that
each military department should, to the maximum extent
practicable, provide honor guard details for the funerals of
veterans. (5 minutes)
55. Ellsworth (IN)/Emanuel (IL): Would revise the Federal
Acquisition Regulation by requiring each contract awarded by
the Department of Defense to contain a clause prohibiting the
contractor from performing the contract using a subsidiary or
subcontractor that is a foreign shell company if the foreign
shell company will perform the work of the contract or
subcontract using United States citizens or permanent residents
of the United States. A foreign shell company is an entity that
is incorporated outside the United States or Canada and does
not manage, direct, or exercise operational control over
personnel performing work under a contract of the entity. (10
minutes)
56. Hodes (NH)/DeFazio (OR)/DeLauro (CT): Provides that no
funds authorized in the bill may be used for propaganda
purposes, and directs the DOD Inspector General and GAO to
report on whether or not the defense analysts program violated
propaganda provisions of Department of Defense appropriations
bills for Fiscal Years 2002 through 2008. (20 minutes)
57. Yarmuth (KY)/Klein (FL): Would make it the policy of
the United States that any Status of Forces Agreement (SOFA)
negotiated between the U.S. and Iraq include measures requiring
the Iraqi Government to provide financial or other types of
support for U.S. Armed Forces stationed in Iraq. (10 minutes)
58. Foster (IL)/Schiff (CA): Amends title XXXI of the bill
(DOE National Security Programs) to require the Administrator
for Nuclear Security to establish a fellowship program for
Ph.D. candidates in nuclear chemistry. The amendment would
support research and development of our nation's nuclear
forensics capability, call for the enhancement and linkage of
international nuclear material databases to enable prompt data
access, establish a joint independent Nuclear Forensics
Advisory Panel of recognized experts, and require the President
to report to Congress on Cabinet-level participation in nuclear
terrorism preparedness exercises that include nuclear forensics
analysis. (10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative Skelton of Missouri, or
His Designee, Debatable for 5 Minutes
In section 201(1), strike the dollar amount and insert the
following: ``$10,688,695,000''.
In section 201(2), strike the dollar amount and insert the
following: ``$19,764,738,000''.
In section 595(a), strike ``(1) In general.--''.
In section 713(d)(1)(B), strike ``copayments for smoking
cessation services had been waived pursuant to subsection (b)
during that year'' and insert ``if the beneficiary had not been
excluded under subsection (a) from the smoking cessation
program under that subsection''.
In section 714, amend the section heading to read as follows:
SEC. 714. PREVENTIVE HEALTH ALLOWANCE.
In section 832, page 329, line 12, strike ``438(c)(1)(A)''
and insert ``438(d)(1)''.
In section 1001(a)(2), in lieu of the blank underscore after
the dollar sign, insert ``4,000,000,000''.
In section 2902, strike subsection (a) and insert the
following new subsection:
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in subsection
(c)(1), the Secretary of the Navy may acquire real property and
carry out military construction projects for the installations
or locations inside the United States, and in the amounts, set
forth in the following table:
Navy: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California..................... Camp Pendleton........ $19,962,000
China Lake............ $7,210,000
Point Mugu............ $7,250,000
San Diego............. $17,930,000
San Diego, Marine $43,200,000
Corps Recruit Depot.
Twentynine Palms...... $12,324,000
Florida........................ Eglin Air Force Base.. $780,000
Mississippi.................... Gulfport............. $6,570,000
North Carolina................. Camp Lejeune.......... $27,980,000
Parris Island Marine $16,000,000
Corps Recruit Depot.
Virginia....................... Yorktown.............. $8,070,000
------------------------------------------------------------------------
In section 2902(c), strike the dollar amounts in the matter
preceding paragraph (1) and in paragraph (1) and insert
``$197,618,000'' and ``$171,176,000'', respectively.
----------
2. An Amendment To Be Offered by Representative Skelton of Missouri, or
His Designee, Debatable for 20 Minutes
At the end of title X, add the following new section:
SEC. 1071. STANDING ADVISORY PANEL ON IMPROVING INTEGRATION BETWEEN THE
DEPARTMENT OF DEFENSE, THE DEPARTMENT OF STATE, AND
THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT ON MATTERS OF NATIONAL SECURITY.
(a) Establishment of Advisory Panel.--The Secretary of
Defense, the Secretary of State, and the Administrator of the
United States Agency for International Development shall
jointly establish an advisory panel to review the respective
roles and responsibilities of the Department of Defense, the
Department of State, and the United States Agency for
International Development in the national security
collaborative system.
(b) Membership.--
(1) Composition.--The advisory panel shall be
composed of 12 members, of whom--
(A) three shall be appointed by the Secretary
of Defense, in consultation with the Secretary
of State and the Administrator;
(B) three shall be appointed by the Secretary
of Defense, in consultation with the Chairman
of the Joint Chiefs of Staff, the Secretary of
State, and the Administrator;
(C) three shall be appointed by the Secretary
of State, in consultation with the Secretary of
Defense and the Administrator; and
(D) three shall be appointed by the
Administrator, in consultation with the
Secretary of Defense and the Secretary of
State.
(2) Chairman.--The Secretary of Defense, the
Secretary of State, and the Administrator shall jointly
designate one member as chairman.
(3) Vice chairman.--The Secretary of Defense, the
Secretary of State, and the Administrator shall jointly
designate one member as vice chairman. The vice
chairman may not be a member appointed to the advisory
panel under paragraph (1) by the same Secretary or
Administrator that appointed the chairman to the
advisory panel under paragraph (1).
(4) Expertise.--Members of the advisory panel shall
be private citizens of the United States with national
recognition and significant experience in the Federal
Government, the Armed Forces, public administration,
foreign affairs, or development.
(5) Deadline for appointment.--All members of the
advisory panel shall be appointed not earlier than
January 20, 2009, and not later than March 20, 2009.
(6) Terms.--The term of each member of the advisory
panel is for the life of the advisory panel.
(7) Vacancies.--A vacancy in the advisory panel shall
be filled not later than 30 days after such vacancy
occurs and in the manner in which the original
appointment was made.
(8) Security clearances.--The appropriate departments
or agencies of the Federal Government shall cooperate
with the advisory panel in expeditiously providing to
the members and staff appropriate security clearances
to the extent possible pursuant to existing procedures
and requirements, except that no person shall be
provided with access to classified information under
this section without the appropriate security
clearances.
(9) Status.--A member of the advisory board who is
not otherwise employed by the Federal Government shall
not be considered to be a Federal employee, except for
the purposes of chapter 81 of title 5, United States
Code, and chapter 171 of title 28, United States Code.
(10) Expenses.--The members of the advisory panel
shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees
of agencies under subchapter I of chapter 57 of title
5, while away from their homes or regular places of
business in the performance of services for the
advisory panel.
(c) Meetings and Procedures.--
(1) Initial meeting.--The advisory panel shall
conduct its first meeting not later than 30 days after
the date that all appointments to the advisory panel
have been made under subsection (b).
(2) Meetings.--The advisory panel shall meet not less
often than once every three months. The advisory panel
may also meet at the call of the Secretary of Defense,
the Secretary of State, or the Administrator.
(3) Procedures.--The advisory panel shall carry out
its duties under procedures established under
subsection (d).
(4) Nonapplicability of federal advisory committee
act.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the advisory panel.
(d) Support of Federally Funded Research and Development
Center.--
(1) In general.--The Secretary of Defense, in
consultation with the Secretary of State and the
Administrator, shall enter into a contract with a
federally funded research and development center for
the provision of administrative and logistical support
and assistance to the advisory panel in carrying out
its duties under this section. Such support and
assistance shall include the establishment of the
procedures of the advisory panel under subsection
(c)(3).
(2) Deadline for contract.--The Secretary of Defense
shall enter into the contract required by this
subsection not later than 60 days after the date of the
enactment of this Act.
(e) Duties of Panel.--
(1) The advisory panel shall analyze the roles and
responsibilities of the Department of Defense, the
Department of State, and the United States Agency for
International Development regarding--
(A) stability operations;
(B) non-proliferation;
(C) foreign assistance (including security
assistance);
(D) strategic communications;
(E) public diplomacy;
(F) the role of contractors; and
(G) other areas the Secretary of Defense, the
Secretary of State, and the Administrator
consider appropriate.
(2) In providing advice, guidance, and
recommendations to improve the national security
collaborative system, the advisory panel shall review--
(A) the structures and systems that
coordinate policy-making;
(B) the roles and responsibilities of the
departments and agencies of the Federal
Government involved in the national security
collaborative system;
(C) integrating the expertise of the
departments and agencies of the Federal
Government involved in the national security
collaborative system; and
(D) coordinating personnel assigned abroad as
part of the national security collaborative
system.
(f) Cooperation of Other Agencies.--Upon request by the
advisory panel, any department or agency of the Federal
Government shall provide information that the advisory panel
considers necessary to carry out its duties.
(g) Reports.--
(1) Interim report.--
(A) Not later than 180 days after the first
meeting of the advisory panel, the advisory
panel shall submit to the Secretary of Defense,
the Secretary of State, and the Administrator,
a report that identifies--
(i) aspects of the national security
collaborative system that should take
priority during the improvement of
integration between the Department of
Defense, the Department of State, and
the United States Agency for
International Development; and
(ii) methods to better integrate the
national security collaborative system.
(2) Annual report.--
(A) Not later than December 31 of each year,
the advisory panel shall submit to the
Secretary of Defense, the Secretary of State,
and the Administrator, a report on--
(i) the activities of the advisory
panel;
(ii) any deficiencies in the national
security collaborative system;
(iii) any improvements made to the
national security collaborative system;
(iv) methods to better integrate the
national security collaborative system;
and
(v) such findings, conclusions, and
recommendations as the advisory panel
considers appropriate.
(3) Submission of report to congress.--The Secretary
of Defense, the Secretary of State, and the
Administrator shall submit to the appropriate
committees of Congress the reports under this
subsection and any additional information considered
appropriate.
(4) Congressional briefings.--Not later than 30 days
after the submission of each report under this
subsection, the advisory panel shall meet with the
appropriate committees to brief such committees on the
matters contained in the report.
(5) Appropriate committees.--For the purposes of this
subsection, the appropriate committees of Congress are
the following:
(A) The Committees on Foreign Relations,
Armed Services, and Appropriations of the
Senate.
(B) The Committees on Foreign Affairs, Armed
Services, and Appropriations of the House of
Representatives.
(h) Termination of Advisory Panel.--The advisory panel shall
terminate on September 30, 2013.
(i) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means
the Administrator of the United States Agency for
International Development.
(2) National security collaborative system.--The term
``national security collaborative system'' means the
structures, mechanisms, and processes by which the
Department of Defense, the Department of State, and the
United States Agency for International Development
coordinate and integrate their policies, capabilities,
expertise, and activities to accomplish national
security missions overseas.
(3) Stability operations.--The term ``stability
operations'' means stability and reconstruction
operations conducted by departments or agencies of the
Federal Government described by Department of Defense
Directive 3000.05, National Security Presidential
Directive 1, or National Security Presidential
Directive 44.
----------
3. An Amendment To Be Offered by Representative Akin of Missouri, or
His Designee, Debatable for 10 Minutes
At the end of subtitle A of title II, add the following new
section:
SEC. 203. INCREASED FUNDING FOR FUTURE COMBAT SYSTEMS.
(a) Increase.--The amount provided in section 201(1) for
research, development, test, and evaluation, Army, is hereby
increased by $193,000,000, of which--
(1) $101,000,000 shall be available for Future Combat
Systems, MGV; and
(2) $92,000,000 shall be available for Future Combat
Systems, SoS Engineering.
(b) Corresponding Offsets.--The amount in section 201(2) for
research, development, test, and evaluation, Navy, is hereby
reduced by $30,000,000, to be derived from PE 0305205N, line
198 Endurance Unmanned Aerial Vehicles, Broad Area Maritime
Surveillance. The amount in section 421, military personnel, is
hereby reduced by $138,000,000, to be derived from unobligated
balances. The amount in section 1403, Defense Health Program,
is hereby reduced by $25,000,000, to be derived from
unobligated balances.
----------
4. An Amendment To Be Offered by Representative Spratt of South Dakota,
or His Designee, Debatable for 20 Minutes
Strike section 1224 of the bill and insert the following:
SEC. 1224. REQUIREMENT TO UPDATE NATIONAL INTELLIGENCE ESTIMATE ON
IRAN'S NUCLEAR INTENTIONS AND CAPABILITIES.
(a) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Director of National Intelligence shall submit to Congress an
update of the National Intelligence Estimate, entitled ``Iran:
Nuclear Intentions and Capabilities'' and dated November 2007.
Such update may be submitted in classified form.
(b) Elements to Be Considered.--Each update submitted under
subsection (a) shall include the following:
(1) The locations, types, and number of centrifuges
and other specialized equipment necessary for the
enrichment of nuclear material and any plans to develop
and operate such equipment in the future.
(2) An estimate of the amount, if any, of enriched to
weapons-grade uranium materials acquired or produced to
date and plutonium acquired or produced and reprocessed
into weapons-grade material to date, an estimate of the
amount of plutonium that is likely to be produced and
reprocessed into weapons-grade material in the near-
and midterms and the amount of uranium that is likely
to be enriched to weapons-grade levels in the near- and
midterms, and the number of nuclear weapons that could
be produced with each category of materials.
(3) A description of the security and safeguards at
any nuclear site that could prevent, slow, verify or
monitor the enrichment of uranium or the reprocessing
of plutonium into weapons-grade materials.
(4) A description of the weaponization activities,
such as the research, design, development, or testing
of nuclear weapons or weapons-related components.
(5) A description of programs to construct, acquire,
test, or improve methods to deliver nuclear weapons,
including an assessment of the likely progress of such
programs in the near- and mid-terms.
(6) A summary of assessments made by other allies of
the United States of Iran's nuclear weapons program and
nuclear-capable delivery systems programs.
(c) Notification.--The President shall notify Congress, in
writing, within 15 days of determining that--
(1) the Islamic Republic of Iran has met or surpassed
any major milestone in its nuclear weapons program; or
(2) Iran has undertaken to accelerate, decelerate, or
cease the development of any significant element within
its nuclear weapons program.
----------
5. An Amendment To Be Offered by Representative Smith of Washington, or
His Designee, Debatable for 5 Minutes
At the end of title X, add the following new section:
SEC. 1071. COMPREHENSIVE INTERAGENCY STRATEGY FOR STRATEGIC
COMMUNICATION AND PUBLIC DIPLOMACY ACTIVITIES OF
THE FEDERAL GOVERNMENT.
(a) Comprehensive Strategy.--
(1) Strategy.--The President shall develop a
comprehensive interagency strategy for public diplomacy
and strategic communication that updates and builds
upon the strategy outlined by the Strategic
Communication and Public Diplomacy Policy Coordinating
Committee in the publication titled ``U.S. National
Strategy for Public Diplomacy and Strategic
Communication'' (June, 2007).
(2) Contents.--The strategy required by this
subsection shall contain overall objectives, goals,
actions to be performed, and benchmarks and timetables
for the achievement of such goals and objectives.
(3) Components.--The strategy shall include the
following components:
(A) Prioritizing the mission of supporting
specific foreign policy objectives, such as
counterterrorism and efforts to combat
extremist ideology, in parallel and in
complement with, as appropriate, the broad
mission of communicating the policies and
values of the United States to foreign
audiences.
(B) Consolidating and elevating Federal
Government leadership to prioritize, manage,
and implement the strategy required by this
subsection, including the consideration of
establishing strategic communication and public
diplomacy positions at the National Security
Council and establishing a single office to
coordinate strategic communication and public
diplomacy efforts.
(C) Improving coordination across departments
and agencies of the Federal Government on--
(i) strategic planning;
(ii) research activities, such as
research into the attitudes and
behaviors of foreign audiences; and
(iii) the development of editorial
content, including content for Internet
websites and print publications.
(D) Developing a more rigorous, research-
based, targeted approach to strategic
communication and public diplomacy efforts,
with efforts differentiated for specific target
audiences in various countries and regions.
(E) Developing more rigorous monitoring and
evaluation mechanisms.
(F) Making greater use of innovative tools in
strategic communication and public diplomacy
research and operations, including new media
platforms and social research technologies.
(G) Making greater use of participation from
private sector entities, academic institutions,
not-for-profit organizations, and other non-
governmental organizations in supporting
strategic communication and public diplomacy
efforts, including the consideration of
establishing an independent, not-for-profit
organization described in subsection (b).
(H) Increasing resources devoted to strategic
communication and public diplomacy efforts.
(4) Reports.--
(A) Initial report.--Not later than December
31, 2009, the President shall submit to the
appropriate committees of Congress a report
that describes the strategy required by this
subsection.
(B) Subsequent reports.--Not less than once
every two years after the submission of the
initial report under subparagraph (A), the
President shall submit to the appropriate
committees of Congress a report on--
(i) the status of the implementation
of the strategy;
(ii) progress toward achievement of
benchmarks; and
(iii) any changes to the strategy
since the submission of the previous
report.
(b) Study of Independent Organization.--
(1) Study.--The Secretary of State and the Secretary
of Defense shall jointly conduct a study assessing the
recommendation from the Defense Science Board's Task
Force on Strategic Communication to establish an
independent, not-for-profit organization responsible
for providing independent assessment and strategic
guidance to the Federal Government on strategic
communication and public diplomacy.
(2) Scope.--The study shall include--
(A) an assessment of the benefits gained by
establishing such an organization; and
(B) an outline of the potential framework of
such an organization, including its
organization, mission, capabilities, and
operations.
(c) Report on Roles of Departments or Agencies of the Federal
Government.--
(1) Report.--Not later than June 30, 2009, the
President shall submit to the appropriate committees of
Congress a report--
(A) describing the roles of the Department of
State and the Department of Defense regarding
strategic communication and public diplomacy;
and
(B) assessing proposals to establish an
independent center to support government-wide
strategic communication and public diplomacy
efforts, including the study described in
subsection (b).
(2) Report elements.--The report shall contain the
following:
(A) A description of activities performed by
the Department of Defense as part of strategic
communication, including--
(i) efforts to disseminate directly
to foreign audiences messages intended
to shape the security environment of a
combatant command;
(ii) psychological operations,
including those in direct support of
contingency operations other than
Operation Enduring Freedom or Operation
Iraqi Freedom, that are intended to
counter extremist and hostile
propaganda or promote stability and
security; and
(iii) public affairs programs to
shape the opinions of foreign
audiences.
(B) A current description of activities
conducted by the Under Secretary for Public
Diplomacy and Public Affairs at the Department
of State, including--
(i) outreach to mass audiences and
strategic audiences, such as opinion
makers, youth, and other targeted
groups, using media, lectures,
information centers, and cultural
events;
(ii) use of interactive media
technologies, such as Internet blogs
and social networking websites, to
build relationships and to counter
extremist groups using similar media;
(iii) education and exchange
programs;
(iv) book translation; and
(v) work with non-governmental
organizations and private-sector
partners.
(C) A definition of the roles of the offices
within the Department of State and the
Department of Defense that are engaged in
message outreach to audiences abroad.
(D) A detailed explanation of how the
Department of State and the Department of
Defense perform unique strategic communication
activities and public diplomacy activities.
(E) An explanation of how the Department of
State and the Department of Defense coordinate
strategic communication and public diplomacy
activities in--
(i) using polls, focus groups, and
other measures to learn the attitudes
and behavior of foreign audiences;
(ii) publishing editorial content on
Internet websites and in print media;
(iii) organizing field support for
military information support teams,
civil affairs, and other shared
activities;
(iv) using foreign-directed education
and training resources; and
(v) training personnel in both
departments by exchanging faculty and
students of the Foreign Service
Institute, the Army War College, the
Naval War College, and other similar
institutions.
(d) Form and Availability of Reports.--
(1) Form.--The reports required by this section may
be submitted in a classified form.
(2) Availability.--Any unclassified portions of the
reports required by this section shall be made
available to the public.
(e) Appropriate Committees.--For the purposes of this
section, the appropriate committees of Congress are the
following:
(1) The Committees on Foreign Relations, Armed
Services, and Appropriations of the Senate.
(2) The Committees on Foreign Affairs, Armed
Services, and Appropriations of the House of
Representatives.
----------
6. An Amendment To Be Offered by Representative Franks of Arizona, or
His Designee, Debatable for 20 Minutes
At the end of title II, add the following new section:
SEC. 2__. INCREASED AMOUNT FOR MISSILE DEFENSE AGENCY.
(a) Increase.--The amount in section 201(4), research,
development, test, and evaluation, defense-wide, is hereby
increased by $719,000,000, to be derived by increasing the
amounts, as the Secretary of Defense determines, for--
(1) the Terminal High Altitude Area Defense program;
(2) the Aegis ballistic missile defense program; and
(3) the ballistic missile defense testing and targets
program.
(b) Offset.--The total amount authorized in title II for
research, development, test, and evaluation is hereby reduced
by $719,000,000, to be derived from any account other than the
Missile Defense Agency, as determined by the Secretary of
Defense.
----------
7. An Amendment To Be Offered by Representative Tauscher of California,
or Her Designee, Debatable for 5 Minutes
At the end of title X, insert the following new section:
SEC. 1071. NONAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT TO
THE CONGRESSIONAL COMMISSION ON THE STRATEGIC
POSTURE OF THE UNITED STATES.
Section 1062 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 476) is amended
by adding at the end the following new subsection:
``(h) Nonapplicability of Federal Advisory Committee Act.--
The Federal Advisory Committee Act (5 U.S.C. App.) does not
apply to the commission, which advises Congress, because the
Federal Advisory Committee Act applies only to commissions that
advise the executive branch.''.
----------
8. An Amendment To Be Offered by Representative Boren of Oklahoma, or
His Designee, Debatable for 20 Minutes
At the end of subtitle D of title III, add the following new
section:
SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCUREMENT REQUIREMENT.
Section 526 of the Energy Independence and Security Act of
2007 (Public Law 110-140; 42 U.S.C. 17142) is amended--
(1) by striking ``No Federal agency'' and inserting
``(a) Requirement.--Except as provided in subsection
(b), no Federal agency''; and
(2) by adding at the end the following:
``(b) Exception.--Subsection (a) does not prohibit a Federal
agency from entering into a contract to purchase a generally
available fuel that is not an alternative or synthetic fuel or
predominantly produced from a nonconventional petroleum source,
if--
``(1) the contract does not specifically require the
contractor to provide an alternative or synthetic fuel
or fuel from a nonconventional petroleum source;
``(2) the purpose of the contract is not to obtain an
alternative or synthetic fuel or fuel from a
nonconventional petroleum source; and
``(3) the contract does not provide incentives for a
refinery upgrade or expansion to allow a refinery to
use or increase its use of fuel from a nonconventional
petroleum source.''.
----------
9. An Amendment To Be Offered by Representative Cummings of Maryland,
or His Designee, Debatable for 5 Minutes
In section 595, redesignate subsection (h) as subsection (i)
and insert after subsection (g) the following new subsection:
(h) Inclusion of Coast Guard in Senior Military Leadership
Diversity Commission.--
(1) Expansion of commission.--The commission shall
include two additional members, as follows:
(A) 1 retired flag officer of the Coast Guard
appointed by the Secretary of Homeland
Security, in consultation with the Commandant
of the Coast Guard.
(B) 1 senior commissioned officer or
noncommissioned officer of the Coast Guard on
active duty appointed by the Secretary of
Homeland Security, in consultation with the
Commandant of the Coast Guard.
(2) Armed forces defined.--In this section, the term
``Armed Forces'' means the Army, Navy, Air Force,
Marine Corps, and Coast Guard.
----------
10. An Amendment To Be Offered by Representative Sestak of
Pennsylvania, or His Designee, Debatable for 5 Minutes
Page 282, insert after line 2 the following:
(a) Minimum Cost Share Per Month.--The Secretary of Defense
shall ensure that autistic children of members of the Armed
Forces enrolled in the Extended Care Health Option program
shall be eligible to receive a minimum of $5,000 per month of
autistic therapy services.
Page 282, line 3, strike ``(a)'' and insert ``(b)''.
Page 282, line 8, strike ``(b)'' and insert ``(c)''.
Page 282, line 23, strike ``(c)'' and insert ``(d)''.
Page 282, insert after line 3 the following:
(3) Extended care health option.--The term ``Extended
Care Health Option'' means the program of extended
benefits provided pursuant to subsections (d), (e), and
(f) of section 1079 of title 10, United States Code.
(e) Funding.--Of the amount authorized to be appropriated by
section 1511(a), $29,000,000 is authorized to be used to carry
out this section.
----------
11. An Amendment To Be Offered by Representative Sestak of
Pennsylvania, or His Designee, Debatable for 5 Minutes
At the end of title II, insert the following new section:
SEC. 239. VISITING NIH SENIOR NEUROSCIENCE FELLOWSHIP PROGRAM.
(a) Requirement to Establish.--The Secretary of Defense may
establish a program to be known as the Visiting NIH Senior
Neuroscience Fellowship Program (in this section referred to as
the ``Program'') at the Defense Advanced Research Projects
Agency (DARPA) and the Defense Center of Excellence for
Psychological Health and Traumatic Brain Injury (DCoE).
(b) Activities of the Program.--The Program may--
(1) provide a partnership between the National
Institutes of Health (NIH) and DARPA that will enable
identification and funding of the broadest range of
innovative, highest quality clinical and experimental
neuroscience studies for the benefit of men and women
in the Armed Forces;
(2) provide a partnership between the NIH and the
DCoE that will enable identification and funding of
clinical and experimental neuroscience studies for the
benefit of men and women in the Armed Forces;
(3) provide a technology transfer mechanism whereby
the results of such studies can, where appropriate, be
used to enhance the health mission of the NIH for the
benefit of the public; and
(4) provide a military/civilian collaborative
environment for neuroscience-based medical problem-
solving in critical areas impacting both military and
civilian life, particularly post-traumatic stress
disorder.
----------
12. An Amendment To Be Offered by Representative Buyer of Indiana, or
His Designee, Debatable for 5 Minutes
At the end of title III, add the following new section:
SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL READINESS FOR THE
ARMY RESERVE.
Of the amount authorized in section 301(6) to be appropriated
for fiscal year 2009 for the Army Reserve--
(1) $22,300,000 is authorized for first term dental
readiness; and
(2) $8,500,000 is authorized for demobilization
dental treatment.
----------
13. An Amendment To Be Offered by Representative Slaughter of New York,
or Her Designee, Debatable for 5 Minutes
At the end of title VIII, add the following new section:
SEC. 849. ADDITIONAL CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
RELATING TO ALLEGED CRIMES BY OR AGAINST CONTRACTOR
PERSONNEL IN IRAQ AND AFGHANISTAN.
(a) Requirements for Defense Contractors.--
(1) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of
Defense shall develop requirements relating to covered
offenses allegedly perpetrated by or against contractor
personnel in the case of defense contractors performing
covered contracts.
(2) Specific matters covered.-- The requirements
developed under paragraph (1) shall include the
following:
(A) Reporting requirement.--A requirement for
defense contractors to report, in a manner
prescribed by the Secretary of Defense, covered
offenses allegedly perpetrated by or against
contractor personnel.
(B) Assistance.--A requirement for defense
contractors to provide for victim and witness
safety, medical assistance, and psychological
assistance in the case of a covered offense.
The Secretary of Defense shall prescribe
regulations to carry out this subparagraph, and
the regulations shall be in accordance with
regulations of the Department of Defense
relating to restricted reporting for sexual
assaults.
(C) Information.--A requirement that the
contractor provide to all contractor personnel
who will perform work on the contract, before
beginning such work, information on the
following:
(i) How and where to report an
alleged covered offense.
(ii) Where to seek the assistance
required by subparagraph (B).
(3) Implementation as condition of current and future
contracts.--
(A) Current contracts.--With respect to any
covered contract in effect on the date of the
enactment of this Act, the contract shall be
modified to include the requirements under
paragraph (1) as a condition of the contract.
(B) Future contracts.--With respect to any
covered contract entered into by the Department
of Defense after the date of the enactment of
this Act, the requirements developed under
paragraph (1) shall be included as a condition
of the covered contract.
(b) Government Requirements.--Beginning not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall make publicly available a numerical accounting
of alleged covered offenses reported under this section. The
information shall be updated no less frequently than quarterly.
(c) Definitions.--In this section:
(1) Covered contract.--The term ``covered
contract''--
(A) means a contract with the Department of
Defense performed--
(i) in Iraq or Afghanistan; or
(ii) in any area designated by the
Secretary as being in support of the
United States mission in Iraq or
Afghanistan; and
(B) includes--
(i) any subcontract at any tier under
the contract; and
(ii) any task order or delivery order
issued under the contract or such a
subcontract.
(2) Covered offense.--The term ``covered offense'',
with respect to a covered contract, means an offense
under chapter 212 of title 18, United States Code--
(A) that is a crime of violence (as defined
in section 16 of such title 18); and
(B) that is committed--
(i) by or against contractor
personnel; and
(ii) in geographic areas where the
covered contract is performed.
(3) Contractor personnel.--The term ``contractor
personnel'' means any person performing work under a
covered contract, including individuals and
subcontractors at any tier.
----------
14. An Amendment To Be Offered by Representative Castle of Delware, or
His Designee, Debatable for 5 Minutes
Add at the end of subtitle E of title V, the following new
section:
SEC. 5__. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND
FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.
(a) Authority.--The Secretary of a military department may
enter into one or more education partnership agreements with
educational institutions in the United States for the purpose
of--
(1) developing plans to improve the accessibility and
flexibility of college courses available to eligible
members of the Armed Forces;
(2) improving the application process for the Armed
Forces tuition assistance programs and raising
awareness regarding educational opportunities available
to such members;
(3) developing curriculum, distance education
programs, and career counseling designed to meet the
professional, financial, academic, and social needs of
such members; and
(4) assessing how resources may be applied more
effectively to meet the educational needs of such
members.
(b) Cost.--Except as provided in this section, execution of
an education partnership agreement with an educational
institution shall be at no cost to the Government.
(c) Educational Institution Defined.--In this section, the
term ``educational institution'' means an accredited college,
university, or technical school in the United States.
----------
15. An Amendment To Be Offered by Representative Waxman of California,
or His Designee, Debatable for 20 Minutes
Add at the end of the bill the following new division:
DIVISION D--GOVERNMENTWIDE ACQUISITION IMPROVEMENTS
Sec. 4001. Short title.
TITLE XLI--ENHANCED COMPETITION
Sec. 4101. Minimizing sole-source contracts.
Sec. 4102. Limitation on length of certain noncompetitive contracts.
Sec. 4103. Requirement for purchase of property and services pursuant to
multiple award contracts.
TITLE XLII--CURBING ABUSE-PRONE CONTRACTS
Sec. 4201. Regulations to minimize the inappropriate use of cost-
reimbursement contracts.
Sec. 4202. Preventing abuse of interagency contracts.
Sec. 4203. Prohibitions on the use of lead systems integrators.
Sec. 4204. Regulations on excessive pass-through charges.
Sec. 4205. Linking of award and incentive fees to acquisition outcomes.
Sec. 4206. Minimizing abuse of commercial services item authority.
TITLE XLIII--ACQUISITION WORKFORCE
Sec. 4301. Acquisition workforce development fund.
Sec. 4302. Contingency contracting corps.
TITLE XLIV--ANTI-FRAUD PROVISIONS
Sec. 4401. Protection for contractor employees from reprisal for
disclosure of certain information.
Sec. 4402. Mandatory Fraud Reporting.
Sec. 4403. Access of General Accounting Office to Contractor Employees.
Sec. 4404. Preventing conflicts of interest.
TITLE XLV--ENHANCED CONTRACT TRANSPARENCY
Sec. 4501. Disclosure of CEO salaries.
Sec. 4502. Database for contracting officers and suspension and
debarment officials.
Sec. 4503. Review of database.
Sec. 4504. Disclosure in applications.
Sec. 4505. Role of interagency committee.
Sec. 4506. Authorization of independent agencies.
Sec. 4507. Authorization of appropriations.
Sec. 4508. Report to Congress.
Sec. 4509. Improvements to the Federal procurement data system.
SEC. 4001. SHORT TITLE.
This division may be cited as the ``Clean Contracting Act of
2008''.
TITLE XLI--ENHANCED COMPETITION
SEC. 4101. MINIMIZING SOLE-SOURCE CONTRACTS.
(a) Plans Required.--Subject to subsection (c), the head of
each executive agency covered by title III of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.) or, in the case of the Department of Defense, the
Under Secretary of Defense for Acquisition, Technology, and
Logistics, shall develop and implement a plan to minimize, to
the maximum extent practicable, the use of contracts entered
into using procedures other than competitive procedures by the
agency or department concerned. The plan shall contain
measurable goals and shall be completed and submitted to the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committees on
Appropriations of the House of Representatives and the Senate
and, in the case of the Department of Defense and the
Department of Energy, the Committees on Armed Services of the
Senate and the House of Representatives, with a copy provided
to the Comptroller General, not later than 1 year after the
date of the enactment of this Act.
(b) Comptroller General Review.--The Comptroller General
shall review the plans provided under subsection (a) and submit
a report to Congress on the plans not later than 18 months
after the date of the enactment of this Act.
(c) Requirement Limited to Certain Agencies.--The requirement
of subsection (a) shall apply only to those agencies that
awarded contracts in a total amount of at least $1,000,000,000
in the fiscal year preceding the fiscal year in which the
report is submitted.
(d) Certain Contracts Excluded.--The contracts entered into
under the authority of the Small Business Act shall not be
included in the plans developed and implemented under
subsection (a), except contracts that are awarded pursuant to
section 602 of Public Law 100-656 (as amended by section 22 of
Public Law 101-37 (103 Stat. 75), section 2 of title V of
Public Law 101-515 (104 Stat. 2140), section 205 of Public Law
101-574 (104 Stat. 2819), and section 608 of Public Law 103-403
(108 Stat. 4204)).
SEC. 4102. LIMITATION ON LENGTH OF CERTAIN NONCOMPETITIVE CONTRACTS.
(a) Civilian Agency Contracts.--Section 303(d) of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C.
253(d)) is amended by adding at the end the following new
paragraph:
``(3)(A) The contract period of a contract described
in subparagraph (B) that is entered into by an
executive agency pursuant to the authority provided
under subsection (c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and
compelling requirements of the work to
be performed under the contract; and
``(II) for the executive agency to
enter into another contract for the
required goods or services through the
use of competitive procedures; and
``(ii) may not exceed 270 days unless the
head of the executive agency entering into such
contract determines that exceptional
circumstances apply.
``(B) This paragraph applies to any contract in an
amount greater than $1,000,000.''.
(b) Defense Contracts.--Section 2304(d) of title 10, United
States Code, is amended by adding at the end the following new
paragraph:
``(3)(A) The contract period of a contract described
in subparagraph (B) that is entered into by an agency
pursuant to the authority provided under subsection
(c)(2)--
``(i) may not exceed the time necessary--
``(I) to meet the unusual and
compelling requirements of the work to
be performed under the contract; and
``(II) for the agency to enter into
another contract for the required goods
or services through the use of
competitive procedures; and
``(ii) may not exceed 270 days unless the
head of the agency entering into such contract
determines that exceptional circumstances
apply.
``(B) This paragraph applies to any contract in an
amount greater than $1,000,000.''.
SEC. 4103. REQUIREMENT FOR PURCHASE OF PROPERTY AND SERVICES PURSUANT
TO MULTIPLE AWARD CONTRACTS.
(a) Regulations Required.--Not later than 12 months after the
date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to require enhanced competition in
the purchase of property and services by all executive agencies
pursuant to multiple award contracts.
(b) Content of Regulations.--
(1) In general.--The regulations required by
subsection (a) shall provide, at a minimum, that each
individual purchase of property or services in excess
of the simplified acquisition threshold that is made
under a multiple award contract shall be made on a
competitive basis unless a contracting officer--
(A) waives the requirement on the basis of a
determination that--
(i) one of the circumstances
described in paragraphs (1) through (4)
of section 303J(b) of the Federal
Property and Administrative Services
Act of 1949 (41 U.S.C. 253j(b)) or
section 2304c(b) of title 10, United
States Code, applies to such individual
purchase; or
(ii) a law expressly authorizes or
requires that the purchase be made from
a specified source; and
(B) justifies the determination in writing.
(2) Competitive basis procedures.--For purposes of
this subsection, an individual purchase of property or
services is made on a competitive basis only if it is
made pursuant to procedures that--
(A) except as provided in paragraph (3),
require fair notice of the intent to make that
purchase (including a description of the work
to be performed and the basis on which the
selection will be made) to be provided to all
contractors offering such property or services
under the multiple award contract; and
(B) afford all contractors responding to the
notice a fair opportunity to make an offer and
have that offer fairly considered by the
official making the purchase.
(3) Exception to notice requirement.--
(A) In general.--Notwithstanding paragraph
(2), and subject to subparagraph (B), notice
may be provided to fewer than all contractors
offering such property or services under a
multiple award contract as described in
subsection (d)(2) if notice is provided to as
many contractors as practicable.
(B) Limitation on exception.--A purchase may
not be made pursuant to a notice that is
provided to fewer than all contractors under
subparagraph (A) unless--
(i) offers were received from at
least 3 qualified contractors; or
(ii) a contracting officer of the
executive agency determines in writing
that no additional qualified
contractors were able to be identified
despite reasonable efforts to do so.
(c) Public Notice Requirements Related to Sole Source Task or
Delivery Orders.--Not later than 12 months after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be amended to require the head of each executive agency
to publish on--
(1) FedBizOpps notice of all sole source task or
delivery orders in excess of the simplified acquisition
threshold that are placed against multiple award
contracts not later than 14 days after such orders are
placed, except in the event of extraordinary
circumstances or classified orders; and
(2) the website of the agency and through a
Governmentwide website selected by the Administrator
for Federal Procurement Policy the determinations
required by (b)(1)(B) related to sole source task or
delivery orders placed against multiple award contracts
not later than 14 days after such orders are placed,
except in the event of extraordinary circumstances or
classified orders.
(3) This subsection does not require the public
availability of information that is exempt from public
disclosure under section 552(b) of title 5, United
States Code.
(d) Definitions.--In this section:
(1) The term ``individual purchase'' means a task
order, delivery order, or other purchase.
(2) The term ``multiple award contract'' means--
(A) a contract that is entered into by the
Administrator of General Services under the
multiple award schedule program referred to in
section 2302(2)(C) of title 10, United States
Code;
(B) a multiple award task order contract that
is entered into under the authority of sections
2304a through 2304d of title 10, United States
Code, or sections 303H through 303K of the
Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253h through 253k); and
(C) any other indefinite delivery, indefinite
quantity contract that is entered into by the
head of an executive agency with 2 or more
sources pursuant to the same solicitation.
(3) The term ``sole source task or delivery order''
means any order that does not follow the competitive
base procedures in paragraphs (b)(2) or (b)(3).
(e) Applicability.--The regulations required by subsection
(a) shall apply to all individual purchases of property or
services that are made under multiple award contracts on or
after such effective date, without regard to whether the
multiple award contracts were entered into before, on, or after
such effective date.
TITLE XLII--CURBING ABUSE-PRONE CONTRACTS
SEC. 4201. REGULATIONS TO MINIMIZE THE INAPPROPRIATE USE OF COST-
REIMBURSEMENT CONTRACTS.
(a) In General.--Not later than 12 months after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be amended to minimize the inappropriate use of cost-
reimbursement contracts and to ensure the proper use of such
contracts.
(b) Content.--The regulations required under subsection (a)
shall--
(1) identify, at a minimum--
(A) the circumstances under which cost
reimbursement contracts or task or delivery
orders are appropriate;
(B) the acquisition plan facts necessary to
support a decision to use cost reimbursement
contracts;
(C) the acquisition workforce resources
necessary to award and manage cost
reimbursement contracts; and
(2) establish a requirement for each executive agency
to--
(A) annually assess its use of cost-
reimbursement contracts;
(B) establish and implement metrics to
measure progress toward minimizing any
inappropriate use of cost-reimbursement
contracts identified during the assessment
process; and
(C) prepare and submit an annual report to
the Office of Management and Budget assessing
progress in meeting the metrics established in
(B).
(c) Comptroller General Evaluations.--Within one year of the
completion of the first annual reports required by subsection
(b)(2)(C), the Comptroller General shall review the progress of
agencies in implementing the regulations required by (a).
(d) Report.--Subject to subsection (f), the Director of the
Office of Management and Budget shall submit an annual report
to Congressional committees identified in subparagraph (e) and
the Comptroller General on the use of cost-reimbursement
contracts and task or delivery orders by all Federal agencies,
including the Department of Defense. The report shall be
submitted no later than March 1 and will cover the fiscal year
ending September 30 of the prior year. The report shall
include--
(1) the total number and value of contracts awarded
and orders issued during the covered fiscal year;
(2) the number and value of cost-reimbursement
contracts awarded and orders issued during the covered
fiscal year;
(3) a list of contracts and task and delivery orders
identified in subparagraph (2) exceeding ten million
dollars ($10,000,000), whose period of performance,
including options, exceeded three years; the reasons
why such contracts or orders could not be priced or
converted to a fixed-price basis; and the actions being
taken by the agency to do so;
(4) a certification by the contracting agency that
for each contract identified in subparagraph (3) that
an appropriate number of trained acquisition personnel,
consistent with the complexity and risk associated with
the contract or order, have been assigned to provide
oversight of the contractor's performance; and
(5) a description of each agency's actions to assure
the appropriate use of cost-reimbursement contracts.
(e) Congressional Committees Defined.--The report required by
subsection (d) shall be submitted to the Committee on Oversight
and Government Reform of the House of Representatives; the
Committee on Homeland Security and Governmental Affairs of the
Senate; the Committees on Appropriations of the House of
Representatives and the Senate; and, in the case of the
Department of Defense and the Department of Energy, the
Committees on Armed Services of the Senate and the House of
Representatives.
(f) Requirements Limited to Certain Agencies.--The
requirements of subsections (b) and (d) shall apply only to
those agencies that awarded contracts and issued orders in a
total amount of at least $1,000,000,000 in the fiscal year
proceeding the fiscal year in which the assessments and reports
are submitted.
SEC. 4202. PREVENTING ABUSE OF INTERAGENCY CONTRACTS.
(a) Office of Management and Budget Policy Guidance.--
(1) Report and guidelines.--Not later than one year
after the date of the enactment of this Act, the
Director of the Office of Management and Budget shall--
(A) submit to Congress a comprehensive report
on interagency acquisitions, including their
frequency of use, management controls, cost-
effectiveness, and savings generated; and
(B) issue guidelines to assist the heads of
executive agencies in improving the management
of interagency acquisitions.
(2) Matters covered by guidelines.--For purposes of
paragraph (1)(B), the Director shall include guidelines
on the following matters:
(A) Procedures for the use of interagency
acquisitions to maximize competition, deliver
best value to executive agencies, and minimize
waste, fraud, and abuse.
(B) Categories of contracting inappropriate
for interagency acquisition, due to high risk
of waste, fraud, or abuse.
(C) Requirements for training acquisition
workforce personnel in the proper use of
interagency acquisitions.
(b) Regulations Required.--Not later than one year after the
date of the enactment of this Act, the Federal Acquisition
Regulation shall be revised to require that all interagency
acquisitions--
(1) include a written agreement between the
requesting agency and the servicing agency assigning
responsibility for the administration and management of
the contract;
(2) include a determination that an interagency
acquisition is the best procurement alternative; and
(3) include sufficient documentation to ensure an
adequate audit.
(c) Agency Reporting Requirement.--The senior procurement
executive for each executive agency shall, as directed by the
Director of the Office of Management and Budget, submit to the
Director annual reports on the actions taken by the executive
agency pursuant to the guidelines issued under subsection (a).
(d) Definitions.--In this section:
(1) The term ``executive agency'' has the meaning
given such term in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1)).
(2) The term ``head of executive agency'' means the
head of an executive agency except that, in the case of
a military department, the term means the Secretary of
Defense.
(3) The term ``interagency acquisition'' means a
procedure by which an executive agency needing supplies
or services (the requesting agency) obtains them from
another executive agency (the servicing agency). The
term includes acquisitions under section 1535 of title
31, United States Code (commonly referred to as the
``Economy Act'', Federal Supply Schedules above
$500,000, and Governmentwide acquisition contracts.
SEC. 4203. PROHIBITIONS ON THE USE OF LEAD SYSTEMS INTEGRATORS.
(a) Prohibition on New Lead Systems Integrators.--(1)
Effective October 1, 2010, the head of an executive agency may
not award a new contract for lead systems integrator functions
in the acquisition of a major system.
(2) Prohibition on Lead Systems Integrators Beyond
Demonstration Level Phase.--Effective on the date of the
enactment of this Act, an executive agency may award a new
contract for lead systems integrator functions in the
acquisition of a major system only if--
(A) the contract for the major system does not
proceed beyond the demonstration phase-level; or
(B) the head of the agency determines in writing that
it would not be practicable to carry out acquisition
without continuing to use a contractor to perform lead
systems integrator functions and that doing so is in
the best interest of the agency.
(3) Requirements Relating to Determinations.--A determination
under paragraph (2)(A)--
(A) shall specify the reasons why it would not be
practicable to carry out the acquisition continuing to
use a contractor to perform lead integrator functions
(including a discussion of alternatives, such as the
use of the agency workforce, or a system engineering
and technical assistance contractor);
(B) shall include a plan for phasing out the use of
contracted lead systems integrator functions over the
shortest period of time consistent with the interest of
the government;
(C) may not be delegated below the level of the Chief
Acquisition Officer; and
(D) shall be provided to the Committee on Oversight
and Government Reform in the House of Representatives
and the Committee on Homeland Security and Governmental
Affairs in the Senate at least 45 days before the award
of a contract pursuant to the determination.
(b) Acquisition Workforce.--
(1) Requirement.--The head of an executive agency
shall ensure that the acquisition workforce is of the
appropriate size and skill level necessary--
(A) to accomplish inherently governmental
functions related to acquisition of major
systems; and
(B) to effectuate the purpose of subsection
(a) to minimize and eventually eliminate the
use of contractors to perform lead systems
integrator functions.
(2) Report.--The head of the agency shall annually
include an update on the progress made in complying
with paragraph (1) in the agency's Performance and
Accountability Report.
(c) Exception for Contracts for Other Management Services.--
The head of an executive agency may continue to award contracts
for the procurement of services the primary purpose of which is
to perform acquisition support functions with respect to the
development or production of a major system, if the following
conditions are met with respect to each such contract:
(1) The contract prohibits the contractor from
performing inherently governmental functions.
(2) The head of the agency responsible for the
development or production of the major system ensures
that Federal employees are responsible for determining
courses of action to be taken in the best interest of
the government.
(3) The contract requires that the prime contractor
for the contract may not advise or recommend the award
of a contract or subcontract for the development or
production of the major system to an entity owned in
whole or in part by the prime contractor.
(d) Definitions.--In this section:
(1) Lead systems integrator.--The term ``lead systems
integrator'' means--
(A) a prime contractor for the development or
production of a major system, if the prime
contractor is not expected at the time of award
to perform a substantial portion of the work on
the system and the major subsystems; or
(B) a prime contractor under a contract for
procurement of services the primary purpose of
which to perform acquisition functions closely
associated with inherently governmental
functions with respect to the development or
production of a major system.
(2) Major system.--The term ``major system'' has the
meaning given such term in section 2302d of title 10,
United States Code.
(3) Demonstration phase level.--For purposes of this
section, the term ``demonstration phase level'' means--
(A) work performed prior to first article
testing and approval (as defined in part 9.3 of
the Federal Acquisition Regulation; or
(B) a level comparable to the level
identified in subparagraph (A) which the FAR
Council determines, by regulation, after
consideration of the definition of low-rate
initial production (as defined in section 2400
of title 10, United States Code.
(e) Inapplicability to Department of Defense.--This section
does not apply to the Department of Defense.
SEC. 4204. REGULATIONS ON EXCESSIVE PASS-THROUGH CHARGES.
(a) Regulations Required.--
(1) Not later than 180 days after the date of
enactment of this Act, the Federal Acquisition
Regulation shall be amended ensure that excessive pass-
through charges on contracts or (or task or delivery
orders) are not paid by the Federal Government.
(2) Scope of regulations.--The regulations prescribed
under this subsection--
(A) shall not apply to any firm, fixed-price
contract or subcontract (or task or delivery
order) that is--
(i) awarded on the basis of adequate
price competition; or
(ii) for the acquisition of a
commercial item, as defined in section
4(12) of the Office of Federal
Procurement Policy Act (41 U.S.C.
403(12)); and
(B) may include such additional exceptions as
the Federal Acquisition Regulation Council
determines to be necessary in the interest of
the government.
(3) Definition.--In this section, the term
``excessive pass-through charge'' means a charge to the
Government by the contractor or subcontractor that is
for overhead or profit on work performed by a lower-
tier contractor or subcontractor (other than charges
for the direct costs of managing lower-tier contracts
and subcontracts and overhead and profit based on such
direct costs) and for which the contractor or
subcontractor adds no, or negligible, value to a
contract or subcontract.
(b) Inapplicability to Department of Defense.--This section
does not apply to the Department of Defense.
SEC. 4205. LINKING OF AWARD AND INCENTIVE FEES TO ACQUISITION OUTCOMES.
(a) Guidance on Linking of Award and Incentive Fees to
Acquisition Outcomes.--Not later than 12 months after the date
of the enactment of this Act, the Federal Acquisition
Regulation shall be amended to provide executive agencies with
instructions, including definitions, on the appropriate use of
award and incentive fees in Federal acquisition programs.
(b) Elements.--The regulations under subsection (a) shall--
(1) ensure that all new contracts using award fees
link such fees to acquisition outcomes (which shall be
defined in terms of program cost, schedule, and
performance);
(2) establish standards for identifying the
appropriate level of officials authorized to approve
the use of award and incentive fees in new contracts;
(3) provide guidance on the circumstances in which
contractor performance may be judged to be
``excellent'' or ``superior'' and the percentage of the
available award fee which contractors should be paid
for such performance;
(4) establish standards for determining the
percentage of the available award fee, if any, which
contractors should be paid for performance that is
judged to be ``acceptable'', ``average'', ``expected'',
``good'', or ``satisfactory'';
(5) ensure that no award fee may be paid for
contractor performance that is judged to be below
satisfactory performance or performance that does not
meet the basic requirements of the contract;
(6) provide specific direction on the circumstances,
if any, in which it may be appropriate to roll over
award fees that are not earned in one award fee period
to a subsequent award fee period or periods;
(7) ensure consistent use of guidelines and
definitions relating to award and incentive fees across
the Federal Government;
(8) ensure that each executive agency--
(A) collects relevant data on award and
incentive fees paid to contractors; and
(B) has mechanisms in place to evaluate such
data on a regular basis;
(9) include performance measures to evaluate the
effectiveness of award and incentive fees as a tool for
improving contractor performance and achieving desired
program outcomes; and
(10) provide mechanisms for sharing proven incentive
strategies for the acquisition of different types of
products and services among contracting and program
management officials.
SEC. 4206. MINIMIZING ABUSE OF COMMERCIAL SERVICES ITEM AUTHORITY.
(a) Regulations Required.--Not later than 180 days after the
date of the enactment of this Act, the Federal Acquisition
Regulation shall be amended for the procurement of commercial
services.
(b) Applicability of Commercial Procedures.--
(1) Services of a type sold in marketplace.--The
regulations modified pursuant to subsection (a) shall
ensure that services that are not offered and sold
competitively in substantial quantities in the
commercial marketplace, but are of a type offered and
sold competitively in substantial quantities in the
commercial marketplace, may be treated as commercial
items for purposes of section 254b of title 41, United
States Code (relating to truth in negotiations), only
if the contracting officer determines in writing that
the offeror has submitted sufficient information to
evaluate, through price analysis, the reasonableness of
the price for such services.
(2) Information submitted.--To the extent necessary
to make a determination under paragraph (1), the
contracting officer may request the offeror to submit--
(A) prices paid for the same or similar
commercial items under comparable terms and
conditions by both government and commercial
customers; and
(B) if the contracting officer determines
that the information described in subparagraph
(A) is not sufficient to determine the
reasonableness of price, other relevant
information regarding the basis for price or
cost, including information on labor costs,
material costs, and overhead rates.
(c) Time-and-Materials Contracts.--
(1) Commercial item acquisitions.--The regulations
pursuant to subsection (a) shall ensure that procedures
applicable to time-and-materials contracts and labor-
hour contracts for commercial item acquisitions may be
used only for the following:
(A) Services procured for support of a
commercial item, as described in section
4(12)(E) of the Office Federal Procurement
Policy Act (41 U.S.C. 403(12)(E)).
(B) Emergency repair services.
(C) Any other commercial services only to the
extent that the head of the agency concerned
approves a determination in writing by the
contracting officer that--
(i) the services to be acquired are
commercial services as defined in
section 4(12)(F) of the Office of
Federal Procurement Policy Act (41
U.S.C. 403(12)(F));
(ii) if the services to be acquired
are subject to subsection (b), the
offeror of the services has submitted
sufficient information in accordance
with that subsection;
(iii) such services are commonly sold
to the general public through use of
time-and-materials or labor-hour
contracts; and
(iv) the use of a time-and-materials
or labor-hour contract type is in the
best interest of the Government.
(2) Non-commercial item acquisitions.--Nothing in
this subsection shall be construed to preclude the use
of procedures applicable to time-and-materials
contracts and labor-hour contracts for non-commercial
item acquisitions for the acquisition of any category
of services.
TITLE XLIII--ACQUISITION WORKFORCE
SEC. 4301. ACQUISITION WORKFORCE DEVELOPMENT FUND.
(a) Purpose.--The purpose of this section is to ensure that
there are resources available to recruit, hire, educate, train
and retain members of the Federal acquisition workforce with
the requisite competencies and skills to ensure that the
government receives best value property and services in its
acquisitions.
(b) Establishment of Fund.--Title III of the Federal Property
and Administrative Services Act of 1949 (40 U.S.C. 101, et
seq.) is amended by adding at the end the following new
section:
``SEC. 324. ACQUISITION WORKFORCE DEVELOPMENT FUND.
``(a) The Administrator of General Services shall establish
an acquisition workforce development fund.
``(1) The Administrator shall manage the fund through
the Federal Acquisition Institute to recruit, hire,
educate, train and retain members of the acquisition
workforce of the executive agencies other than the
Department of Defense.
``(2) The Administrator, in consultation with the
Administrator for Federal Procurement Policy and the
Chief Acquisition Officers or Senior Procurement
Executives, as appropriate, of the executive agencies,
other than the Department of Defense, shall issue
detailed guidance for the administration and use of the
Fund. Such guidance shall include provisions--
``(A) requiring agencies to identify members
of their acquisition workforce consistent with
section 433(i) of title 41.
``(B) identifying areas of need in the
acquisition workforce for which amounts in the
Fund may be used, including--
``(i) changes to the types of skills
needed;
``(ii) incentives to retain
qualified, experienced personnel; and
``(iii) incentives for attracting
new, high-quality personnel;
``(C) describing the manner and timing for
applications for amounts in the Fund to be
submitted;
``(D) describing the evaluation criteria to
be used for approving or prioritizing
applications for amounts in the Fund in any
fiscal year; and
``(E) describing measurable objectives of
performance for determining whether amounts in
the Fund are being used in compliance with this
section.
``(3) The Director of the Office of Management and
Budget shall be the approving official for any
disbursements from the Fund.
``(4) The costs of administering the fund, including
the direct and indirect costs of those employees, not
to exceed 5 percent per annum, shall be paid out of the
fund.
``(5) Amounts in the fund may not be used to pay the
base salary of any full-time equivalent position
currently filled as of date of enactment of the Clean
Contracting Act of 2008.
``(b) There shall be credited to the acquisition workforce
development fund the following percentages of the value of
funds expended by executive agencies for service contracts,
other than services relating to research and development and
services relating to construction:
``(1) for fiscal year 2009, 0.5 percent.
``(2) for fiscal year 2010, 1 percent.
``(3) for fiscal year 2011, 1.5 percent.
``(4) for any fiscal year after fiscal year 2011, 2
percent.
``(c) The Director of the Office and Management and Budget
may reduce the amount to be credited upon a determination that
the funds being credited are excess to the needs of the
acquisition workforce development fund. In no event shall the
Director of the Office of Management Budget reduce the
percentage for any fiscal year below a percentage that results
in the deposit in a fiscal year of an amount equal to the
following
``(1) for fiscal year 2009, 75,000,000.
``(2) for fiscal year 2010, 100,000,000.
``(3) for fiscal year 2011, 125,000,000.
``(4) for an fiscal year after 2011, 150,000,000.
``(d) Not later than 30 days after the end of fiscal year
2008, and 30 days after the end of each fiscal year quarter
thereafter, the head of each executive agency shall remit to
the General Services Administration the amount required to be
credited to the fund with respect to the contracts, leases,
task and delivery order described in subsection (b).
``(e) The Administrator of General Services, through the
Office of the Chief Acquisition Officer, shall ensure that
funds collected under this section are not used for any
purposes other than the purposes specified in subsection (a).
``(f) Amounts credited to the fund shall be in addition to
funds requested and appropriated for salaries, benefits,
education and training for all current acquisition workforce
members.
``(g) Amounts credited to the fund shall remain available
until expended.
``(h) Not later than 60 days after the end of each fiscal
year beginning with fiscal year 2008, the Administrator of
General Services shall submit to the congressional committees
identified in subsection (i) a report on the operation of the
fund during such fiscal year. Each report shall include, for
the fiscal year covered by such report, the following:
``(1) A statement of the amounts remitted to the
Administrator for crediting to the Fund for such fiscal
year by each executive agency and a statement of the
amounts credited to the Fund.
``(2) A description of the expenditures made from the
Fund, including the purpose of such expenditures.
``(3) A description and assessment of improvements in
the Federal acquisition workforce resulting from such
expenditures, including the extent to which the fund
has been used to increase the number of individuals in
the acquisition workforce relative to the number of
individuals in the acquisition workforce as of the date
of enactment.
``(4) Recommendations for additional authorities to
fulfill the purpose of the Fund.
``(5) A statement of the balance remaining in the
Fund at the end of such fiscal year.
``(i) The report required by subsection (h) shall be
submitted to the Committee on Oversight and Government Reform
of the House of Representatives; the Committee on Homeland
Security and Governmental Affairs of the Senate; and the
Committees on Appropriations of the House of Representatives
and the Senate.
``(j) No expired balances appropriated prior to the date of
the enactment of the Clean Contracting Act of 2008 may be used
to make any payment to the Acquisition Workforce Development
Fund.''.
(c) Exception.--This section and the amendments made by this
section shall not apply to the acquisition workforce of the
Department of Defense.
SEC. 4302. CONTINGENCY CONTRACTING CORPS.
The Office of Federal Procurement Policy Act (41 U.S.C. 403
et seq.), as amended by section 102, is further amended by
adding at the end the following new section:
``SEC. 44. CONTINGENCY CONTRACTING CORPS.
``(a) Establishment.--The Administrator of General Services
in consultation with the Director of the Office of Management
and Budget, the Secretary of Defense and the Secretary of
Homeland Security, shall establish a Governmentwide Contingency
Contracting Corps (in this section, referred to as the
`Corps'). The members of the Corps shall be available for
deployment in responding to an emergency or major disaster, or
a contingency operation, within or outside the continental
United States.
``(b) Applicability.--The authorities provided in this
section apply with respect to any procurement of property or
services by or for an executive agency that, as determined by
the head of such executive agency, are to be used--
``(1) in support of a contingency operation as
defined in section 101(a)(13) of title 10, United
States Code; or
``(2) to respond to an emergency or major disaster as
defined in section 5122 of title 41, United States
Code.
``(c) Membership.--Membership in the Corps shall be voluntary
and open to all Federal employees and uniformed members of the
Armed Services, who are currently members of the Federal
acquisition workforce. As a condition precedent to membership
in the Corps, each volunteer will execute a mobility agreement
consistent with the provisions included in sections 3371
through 3375 of title 5, United States Code.
``(d) Education and Training.--The Director of the Federal
Acquisition Institute, in consultation with the Chief
Acquisition Officers Council shall establish educational and
training requirements for members of the Corps, and shall pay
for these additional requirements from funds available in the
acquisition workforce development fund or the Department of
Defense Acquisition Workforce Development Fund.
``(e) Clothing and Equipment.--The Administrator shall
identify any necessary clothing and equipment requirements, and
shall pay for this clothing and equipment from funds available
in the acquisition workforce development fund or the Department
of Defense Acquisition Workforce Development Fund.
``(f) Salary.--The salaries for members of the Corps shall be
paid by their parent agencies out of funds available.
``(g) Authority To Deploy the Corps.--The Director of the
Office of Management and Budget shall have the authority to
determine when members of the Corps shall be deployed, in
consultation with the head of the agency or agencies employing
the members to be deployed.
``(h) Annual Report.--
``(1) In general.--The Administrator of General
Services shall provide to the Committee on Homeland
Security and Governmental Affairs and the Committee on
Armed Services of the Senate and the Committee on
Oversight and Government Reform and the Committee on
Armed Services of the House of Representatives an
annual report on the status of the Contingency
Contracting Corps as of September 30 of each fiscal
year.
``(2) Content.--At a minimum, each report under
paragraph (1) shall include the number of members of
the Contingency Contracting Corps, the total cost of
operating the program, the number of deployments of
members of the program, and the performance of members
of the program in deployment.''.
TITLE XLIV--ANTI-FRAUD PROVISIONS
SEC. 4401. PROTECTION FOR CONTRACTOR EMPLOYEES FROM REPRISAL FOR
DISCLOSURE OF CERTAIN INFORMATION.
(a) Increased Protection From Reprisal.--Subsection (a) of
section 315 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 265(a), is amended--
(1) by striking ``disclosing to a Member of
Congress'' and inserting ``disclosing to a Member of
Congress, a representative of a committee of Congress,
an Inspector General, the Government Accountability
Office, an employee of an executive agency responsible
for contract oversight or management,''; and
(2) by striking ``information relating to a
substantial violation of law related to a contract
(including the competition for or negotiation of a
contract)'' and inserting ``information that the
employee reasonably believes is evidence of gross
mismanagement of an executive agency contract or grant,
a gross waste of executive agency funds, a substantial
and specific danger to public health or safety, or a
violation of law related to an executive agency
contract (including the competition for or negotiation
of a contract) or grant''.
(b) Clarification of Inspector General Determination.--
Subsection (b) of such section is amended--
(1) by inserting ``(1)'' after ``Investigation of
Complaints.--'' and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided under subparagraph (B), the
Inspector General shall make a determination that a complaint
is frivolous or submit a report under paragraph (1) within 180
days after receiving the complaint.
``(B) If the Inspector General is unable to complete an
investigation in time to submit a report within the 180-day
period specified in subparagraph (A) and the person submitting
the complaint agrees to an extension of time, the Inspector
General shall submit a report under paragraph (1) within such
additional period of time as shall be agreed upon between the
Inspector General and the person submitting the complaint.''.
(c) Acceleration of Schedule for Denying Relief or Providing
Remedy.--Subsection (c) of such section is amended in paragraph
(1), by striking ``If the head of an executive agency
determines that a contractor has subjected a person to a
reprisal prohibited by subsection (a), the head of the agency
may'' and inserting after ``(1)'' the following: ``Not later
than 30 days after receiving an Inspector General report
pursuant to subsection (b), the head of an executive agency
concerned shall determine whether there is sufficient basis to
conclude that the contractor concerned has subjected the
complainant to a reprisal prohibited by subsection (a) and
shall either issue an order denying relief or shall''.
(d) Definitions.--Subsection (e) of such section is amended
in paragraph (2), by inserting ``or a grant'' after ``a
contract''.
SEC. 4402. MANDATORY FRAUD REPORTING.
(a) Amendment of Federal Acquisition Regulation.--The Federal
Acquisition Regulation shall be amended within 180 days after
the date of the enactment of this Act pursuant to FAR Case
2007-006 (as published at 72 Fed Reg. 64019, November 14, 2007)
or any follow-on FAR case to include provisions that require
timely notification by Federal contractors of violations of
Federal criminal law or overpayments in connection with the
award or performance of covered contracts or subcontracts,
including those performed outside the United States and those
for commercial items.
(b) Covered Contract Defined.--In this section, the term
``covered contract'' means any contract in an amount greater
than $5,000,000 and more than 120 days in duration.
SEC. 4403. ACCESS OF GENERAL ACCOUNTING OFFICE TO CONTRACTOR EMPLOYEES.
(a) Civilian Agencies.--Section 304C of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 254d) is
amended in subsection (c)(1) by inserting after ``records'' ``,
or interview any employee,''.
(b) Defense Agencies.--Section 2313 of title 10, United
States Code, is amended in subsection (c)(1) by inserting after
``records'' ``, or interview any employee,''.
SEC. 4404. PREVENTING CONFLICTS OF INTEREST.
(a) Organizational Conflicts of Interest.--Not later than 12
months after the date of the enactment of this Act, the
Administrator of the Office of Federal Procurement Policy shall
review the Federal Acquisition Regulation to determine whether
it contains sufficiently rigorous, comprehensive, and uniform
Governmentwide policies to prevent and mitigate organizational
conflicts of interest in Federal contracting. In reviewing such
regulations, the Administrator and the Federal Acquisition
Regulatory Council, in consultation with the Office of
Government Ethics, shall, at a minimum, make appropriate
revisions to the regulations to--
(1) establish a standard organizational conflict of
interest clause, or a set of standard organizational
conflict of interest clauses, for inclusion in
solicitations and contracts that set forth the
contractor's responsibilities with respect to its
employees, subcontractors, partners, and any other
affiliated organizations or individuals;
(2) address conflicts that may arise in the context
of developing requirements and statements of work, the
selection process, and contract administration;
(3) ensure that adequate organizational conflict of
interest safeguards are enacted in situations in which
contractors are employed by the Federal Government to
oversee other contractors or are hired to assist in the
acquisition process; and
(4) ensure that any policies or clauses developed
address conflicts of interest that may arise from
financial interests, unfair competitive advantages, and
impaired objectivity.
(b) Personal Conflicts of Interest.--Not later than 12 months
after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be amended to establish uniform,
Governmentwide policies to prevent personal conflicts of
interest by contractor employees in Federal contracting. In
developing such regulations, the Federal Acquisition Regulatory
Council, in consultation with the Office of Government Ethics,
shall, at a minimum--
(1) develop a standard contractor employee personal
conflicts of interest clause or a set of standard
clauses for inclusion in solicitations and contracts
that set forth the contractor's responsibility to
ensure that employees who are performing contracted
services for the Federal Government are free of
personal conflicts of interest;
(2) identify the contracting methods, types and
services that raise heightened concerns for potential
conflicts of interest; and
(3) establish specified principles, examples, a
definition of personal conflicts of interest relevant
to contractor employees working on Federal Government
contracts, specific prohibitions, and where applicable,
greater disclosure for certain contractor employees,
that will accomplish the end objective of ethical
behavior.
(c) Best Practices.--The Administrator of the Office of
Federal Procurement Policy, in consultation with the Office of
Governmentwide Ethics, shall develop and maintain a repository
of best practices relating to the prevention and mitigation of
organizational and personal conflicts of interest.
TITLE XLV--ENHANCED CONTRACT TRANSPARENCY
SEC. 4501. DISCLOSURE OF CEO SALARIES.
(a) Disclosure Requirements.--Section 2(b)(1) of the Federal
Funding Accountability and Transparency Act (Public Law 109-
282; 31 U.S.C. 6101 note) is amended--
(1) by striking ``and'' at the end of subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following
new subparagraph:
``(F) the names and total compensation of the
five most highly compensated officers of the
entity if--
``(i) the entity in the preceding
fiscal year received--
``(I) 80 percent or more of
its annual gross revenues in
Federal awards; and
``(II) $25,000,000 or more in
annual gross revenues from
Federal awards; and
``(ii) the public does not have
access to information about the
compensation of the senior executives
of the entity through periodic reports
filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of
1986.''.
(b) Regulations Required.--The Director of the Office of
Management and Budget shall promulgate regulations to implement
the amendment made by this title. Such regulations shall
include a definition of ``total compensation'' that is
consistent with regulations of the Securities and Exchange
Commission at section 402 of part 229 of title 17 of the Code
of Federal Regulations (or any subsequent regulation).
SEC. 4502. DATABASE FOR CONTRACTING OFFICERS AND SUSPENSION AND
DEBARMENT OFFICIALS.
(a) In General.--Subject to the authority, direction, and
control of the Director of the Office of Management and Budget,
the Administrator of General Services shall establish and
maintain a database of information regarding integrity and
performance of persons awarded Federal contracts and grants for
use by Federal officials having authority over contracts and
grants.
(b) Persons Covered.--The database shall cover any person
awarded a Federal contract or grant if any information
described in subsection (c) exists with respect to such person.
(c) Information Included.--With respect to a person awarded a
Federal contract or grant, the database shall include
information (in the form of a brief description) for at least
the most recent 5-year period regarding--
(1) any civil or criminal proceeding, or any
administrative proceeding to the extent that such
proceeding results in both a finding of fault on the
part of the person and the payment of restitution to a
government of $5,000 or more, concluded by the Federal
Government or any State government against the person,
and any amount paid by the person to the Federal
Government or a State government;
(2) all Federal contracts and grants awarded to the
person that were terminated in such period due to
default;
(3) all Federal suspensions and debarments of the
person in that period;
(4) all Federal administrative agreements entered
into by the person and the Federal Government in that
period to resolve a suspension or debarment proceeding
and, to the maximum extent practicable, agreements
involving a suspension or debarment proceeding entered
into by the person and a State government in that
period; and
(5) all final findings by a Federal official in that
period that the person has been determined not to be a
responsible source under either subparagraph (C) or (D)
of section 4(7) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(7)).
(d) Requirements Relating to Information in Database.--
(1) Direct input and update.--The Administrator shall
design and maintain the database in a manner that
allows the appropriate officials of each Federal agency
to directly input and update in the database
information relating to actions it has taken with
regard to contractors or grant recipients.
(2) Timeliness and accuracy.--The Administrator shall
develop policies to require--
(A) the timely and accurate input of
information into the database;
(B) notification of any covered person when
information relevant to the person is entered
into the database; and
(C) an opportunity for any covered person to
append comments to information about such
person in the database.
(e) Availability.--
(1) Availability to all federal agencies.--The
Administrator shall make the database available to all
Federal agencies.
(2) Availability to the public.--The Administrator
shall make the database available to the public by
posting the database on the General Services
Administration website.
(3) Limitation.--This subsection does not require the
public availability of information that is exempt from
public disclosure under section 552(b) of title 5,
United States Code.
SEC. 4503. REVIEW OF DATABASE.
(a) Requirement to Review Database.--Prior to the award of a
contract or grant, an official responsible for awarding a
contract or grant shall review the database established under
section 2.
(b) Requirement to Document Present Responsibility.--In the
case of a prospective awardee of a contract or grant against
which a judgment or conviction has been rendered more than once
within any 3-year period for the same or similar offences, if
each judgment or conviction is a cause for debarment, the
official responsible for awarding the contract or grant shall
document why the prospective awardee is considered presently
responsible.
SEC. 4504. DISCLOSURE IN APPLICATIONS.
(a) Requirement.--Not later than 180 days after the date of
the enactment of this Act, Federal regulations shall be amended
to require that in applying for any Federal grant or submitting
a proposal or bid for any Federal contract a person shall
disclose in writing information described in section 2(c).
(b) Covered Contracts and Grants.--This section shall apply
only to contracts and grants in an amount greater than the
simplified acquisition threshold, as defined in section 4(11)
of the Office of Federal Procurement Policy Act (41 U.S.C.
401(11)).
SEC. 4505. ROLE OF INTERAGENCY COMMITTEE.
(a) Requirement.--The Interagency Committee on Debarment and
Suspension shall--
(1) resolve issues regarding which of several Federal
agencies is the lead agency having responsibility to
initiate suspension or debarment proceedings;
(2) coordinate actions among interested agencies with
respect to such action;
(3) encourage and assist Federal agencies in entering
into cooperative efforts to pool resources and achieve
operational efficiencies in the Governmentwide
suspension and debarment system;
(4) recommend to the Office of Management and Budget
changes to Government suspension and debarment system
and its rules, if such recommendations are approved by
a majority of the Interagency Committee;
(5) authorize the Office of Management and Budget to
issue guidelines that implement those recommendations;
(6) authorize the chair of the Committee to establish
subcommittees as appropriate to best enable the
Interagency Committee to carry out its functions; and
(7) submit to the Congress an annual report on--
(A) the progress and efforts to improve the
suspension and debarment system;
(B) member agencies' active participation in
the committee's work; and
(C) a summary of each agency's activities and
accomplishments in the Governmentwide debarment
system.
(b) Definition.--The term ``Interagency Committee on
Debarment and Suspension'' means such committee constituted
under sections 4 and 5 and of Executive Order 12549.
SEC. 4506. AUTHORIZATION OF INDEPENDENT AGENCIES.
Any agency, commission, or organization of the Federal
Government to which Executive Order 12549 does not apply is
authorized to participate in the Governmentwide suspension and
debarment system and may recognize the suspension or debarment
issued by an executive branch agency in its own procurement or
assistance activities.
SEC. 4507. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator
of General Services such funds as may be necessary to establish
the database described in section 2.
SEC. 4508. REPORT TO CONGRESS.
(a) Report Required.--Not later than 180 days after the date
of the enactment of this Act, the Administrator of General
Services shall submit to Congress a report.
(b) Contents of Report.--The report shall contain the
following:
(1) A list of all databases that include information
about Federal contracting and Federal grants.
(2) Recommendations for further legislation or
administrative action that the Administrator considers
appropriate to create a centralized, comprehensive
Federal contracting and Federal grant database.
SEC. 4509. IMPROVEMENTS TO THE FEDERAL PROCUREMENT DATA SYSTEM.
(a) Enhanced Transparency on Interagency Contracting and
Other Transactions.--Not later than 12 months after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall direct appropriate revisions to the
Federal Procurement Data System or any successor system to
facilitate the collection of complete, timely, and reliable
data on interagency contracting actions and on transactions
other than contracts, grants, and cooperative agreements issued
pursuant to section 2371 of title 10, United States Code, or
similar authorities. The Director shall ensure that data,
consistent with what is collected for contract actions, is
obtained on--
(1) interagency contracting actions, including data
at the task or delivery-order level; and
(2) other transactions, including the initial award
and any subsequent modifications awarded or orders
issued.
(b) Amendment.--Subsection (d) of section 19 of the Office of
Federal Procurement Policy Act (41 U.S.C. 417(d)) is amended to
read as follows:
``(d) Transmission and Data Entry of Information.--The head
of each executive agency shall ensure the accuracy of the
information included in the record established and maintained
by such agency under subsection (a) and shall timely transmit
such information to the General Services Administration for
entry into the Federal Procurement Data System referred to in
section 6(d)(4), or any successor system.''.
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16. An Amendment To Be Offered by Representative LaHood of Illinois, or
His Designee, Debatable for 5 Minutes
At the end of title V, add the following new section:
SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF
DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.
(a) Authority to Obtain Deferment.--In the case of a member
of the Armed Forces with minor dependents who has a spouse who
is also a member of the Armed Forces, and the spouse is
deployed in an area for which imminent danger pay is authorized
under section 310 of title 37, United States Code, the member
may request a deferment of a deployment to such an area until
the spouse returns from such deployment.
(b) Repeal of Limited Authority.--Section 586 of the National
Defense Authorization Act for Fiscal Year 2008 (Public Law 11-
181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking
the second sentence.
----------
17. An Amendment To Be Offered by Representative Woolsey of California,
or Her Designee, Debatable for 5 Minutes
At the end of subtitle E of title XXVIII add the following
new section:
SEC. 28__. TRANSFER OF ADMINISTRATIVE JURISDICTION, DECOMMISSIONED
NAVAL SECURITY GROUP ACTIVITY, SKAGGS ISLAND,
CALIFORNIA.
(a) Transfer Memorandum of Agreement.--The Secretary of the
Navy and the Secretary of the Interior shall negotiate a
memorandum of agreement that stipulates the conditions upon
which the decommissioned Naval Security Group Activity, Skaggs
Island, Sonoma, California shall be transferred from the
administrative jurisdiction of the Department of the Navy to
the United States Fish and Wildlife Service for inclusion in
the National Wildlife Refuge System.
(b) Acceptance of Donations; Use.--The Secretary of the Navy
and the Secretary of the Interior may accept contributions from
the State of California and other entities to help cover the
costs of demolishing and removing structures on the property
described in subsection (a) and to facilitate future
environmental restoration that furthers the ultimate end use of
the property for conservation purposes. Amounts received may be
merged with other amounts available to the Secretaries to carry
out this section and shall remain available, without further
appropriation and until expended.
----------
18. An Amendment To Be Offered by Representative Berman of California,
or His Designee, Debatable for 10 Minutes
In section 1602, add at the end the following new paragraph:
(5) The President's Fiscal Year 2009 Budget Request
to Congress includes $248.6 million for a Civilian
Stabilization Initiative that would vastly improve
civilian partnership with United States Armed Forces in
post-conflict stabilization situations, including by
establishing a Active Response Corps of 250 persons, a
Standby Response Corps of 2,000 persons, and a Civilian
Response Corps of 2,000 persons.
In section 1604, in the proposed new section 618 to the
Foreign Assistance Act of 1961, in the proposed new subsection
(b) of such proposed new section, strike ``2008, 2009, and
2010'' and insert ``2009, 2010, and 2011''.
In section 1604, in the proposed new section 618 to the
Foreign Assistance Act of 1961, in the proposed new subsection
(b) of such proposed new section, strike ``$100,000,000'' and
insert ``$200,000,000''.
----------
19. An Amendment To Be Offered by Representative Porter of Nevada, or
His Designee, Debatable for 5 Minutes
Page 283, after line 3, add the following new section:
SEC. 734. SUICIDE RISK BY MILITARY OCCUPATION.
(a) Study.--The Secretary of Defense shall conduct a study to
identify the mental health risks associated with the
performance of military duties.
(b) Elements.--The study shall include the following
elements:
(1) An assessment of suicide incidence by military
occupation.
(2) An identification of military occupations with a
high incidence of suicide.
(3) An evaluation of current suicide prevention
programs for those military occupations with a high
incidence of suicide.
(4) An assessment of the need for additional suicide
prevention programs specific to military occupations
with a high incidence of suicide.
(c) Report.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Defense shall submit to
the Congressional Defense Committees a report on the findings
of the study. The report shall include any recommendations for
improving suicide prevention programs for military occupations
with a high incidence of suicide.
----------
20. An Amendment To Be Offered by Representative Capito of West
Virginia, or Her Designee, Debatable for 5 Minutes
At the end of title V, add the following new section:
SEC. 5__. ADDITIONAL FUNDS TO CARRY OUT FUNERAL HONOR FUNCTIONS AT
FUNERALS FOR VETERANS.
(a) Additional Funds.--The amount made available in section
421 is hereby increased by $3,000,000, of which $1,000,000
shall be available to the Secretary of the Army, $1,000,000
shall be available to the Secretary of the Navy, and $1,000,000
shall be available to the Secretary of the Air Force to comply
with the requirements of section 1491 of title 10, United
States Code.
(b) Corresponding Offset.--The amount provided in section
201(1) for research, development, test, and evaluation, Army,
is hereby reduced by $3,000,000, to be derived from the basic
research under the University Research Initiatives.
----------
21. An Amendment To Be Offered by Representative Cooper of Tennessee,
or His Designee, Debatable for 5 Minutes
Page 353, after line 11, insert the following:
SEC. 849. REQUIREMENT FOR DEPARTMENT OF DEFENSE TO ADOPT AN ACQUISITION
STRATEGY FOR DEFENSE BASE ACT INSURANCE.
(a) In General.--The Secretary of Defense shall adopt an
acquisition strategy for insurance required by the Defense Base
Act (42 U.S.C. 1651 et seq.) which minimizes the cost of such
insurance to the Department of Defense.
(b) Criteria.--The Secretary shall ensure that the
acquisition strategy adopted pursuant to subsection (a)
addresses the following criteria:
(1) Minimize overhead costs associated with obtaining
such insurance, such as direct or indirect costs for
contract management and contract administration.
(2) Minimize costs for coverage of such insurance
consistent with realistic assumptions regarding the
likelihood of incurred claims by contractors of the
Department.
(3) Provide for a correlation of premiums paid in
relation to claims incurred that is modeled on best
practices in government and industry for similar kinds
of insurance.
(4) Provide for a low level of risk to the
Department.
(5) Provide for a competitive marketplace for
insurance required by the Defense Base Act to the
maximum extent practicable.
(c) Options.--In adopting the acquisition strategy pursuant
to subsection (a), the Secretary shall consider the following
options:
(1) Entering into a single Defense Base Act insurance
contract for the Department of Defense.
(2) Entering into a single Defense Base Act insurance
contract for contracts involving performance in
theaters of combat operations.
(3) Entering into a contract vehicle, such as a
multiple award contract, that provides for competition
among contractors for categories of insurance coverage,
such as construction, aviation, security, and other
categories of insurance.
(4) Using a retrospective rating approach to Defense
Base Act insurance that adjusts rates according to
actual claims incurred on a cost reimbursement basis.
(5) Adopting a self-insurance approach to Defense
Base Act insurance for Department of Defense contracts.
(6) Such other options as the Secretary deems to best
satisfy the criteria identified under subsection (b).
(d) Report.--(1) Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Oversight and Government Reform of the House of Representatives
a report on the acquisition strategy adopted pursuant to
subsection (a).
(2) The report shall include a discussion of each of the
options considered pursuant to subsection (c) and the extent to
which each option addresses the criteria identified under
subsection (b), and shall include a plan to implement within 18
months after the date of enactment of this Act the acquisition
strategy adopted by the Secretary.
(e) Review of Acquisition Strategy.--As considered
appropriate by the Secretary, but not less often than once
every 3 years, the Secretary shall review and, as necessary,
update the acquisition strategy adopted pursuant to subsection
(a) to ensure that it best addresses the criteria identified
under subsection (b).
----------
22. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
Add at the end of title XXII the following new section:
SEC. 2208. PROHIBITING USE OF FUNDS FOR LIBRARY/LIFELONG LEARNING
CENTER.
None of the funds appropriated to carry out this Act (or any
amendment made by this Act) may be used for a library/lifelong
learning center at Marine Corps Base Twentynine Palms,
California.
----------
23. An Amendment To Be Offered by Representative Tierney of
Massachusetts, or His Designee, Debatable for 20 Minutes
At the end of subtitle C of title II, add the following new
section:
SEC. 2__. MISSILE DEFENSE FUNDING REDUCTIONS TO PROVIDE ADDITIONAL
FUNDS FOR ACTIVITIES TO COUNTER WEAPONS OF MASS
DESTRUCTION AND TERRORISM.
(a) Missile Defense Funding Reductions.--The amount in
section 201(4) for research, development, test, and evaluation,
Defense-wide, is hereby reduced by $996,200,000, to be derived
from amounts for the Missile Defense agency as follows:
(1) $100,000,000 reduction from the Airborne Laser
program.
(2) $100,000,000 reduction from the Kinetic Energy
Interceptor (KEI) program.
(3) $100,000,000 reduction from the Multiple Kill
Vehicle (MKV) program.
(4) $341,200,000 from the termination of any funding
for the proposed long-range missile defense sites in
Europe.
(5) $355,000,000 from the termination of any further
deployment in the Ground-Based Midcourse Defense
program, with this reduction not interfering with
development or testing activities under the program.
(b) Additional Funds to Counter Weapons of Mass Destruction
and Terrorism.--
(1) Cooperative threat reduction program.--The amount
provided in section 1302(a) for the Cooperative Threat
Reduction is hereby increased by $75,000,000.
(2) Nonproliferation and weapons of mass destruction
programs.--The amount provided in section 3101(a)(2)
for nonproliferation and weapons of mass destruction
programs of the Department of Energy is hereby
increased by $529,000,000, which shall be available as
follows:
(A) $50,000,000 for Global Threat Reduction
Initiative.
(B) $30,000,000 for International Nuclear
Materials Protection and Cooperation program.
(C) $60,000,000 for Second Line of Defense
program to cooperate with other countries to
deter, detect, and interdict illicit transfers
of nuclear and radioactive materials at border
crossings and ports.
(D) $15,000,000 for NNSA's export control
assistance program for the purpose of
developing a plan for making sure all countries
fulfill their UNSC 1540 obligation to put
effective controls in place.
(E) $50,000,000 increase of conditional
appropriation to encourage Russia to blend down
additional HEU, to finance such incentives if
an agreement is reached that requires such
funding.
(F) $50,000,000 for safeguards work at the
Department of Energy National Laboratories.
(G) $100,000,000 increase for non-
proliferation research and development, such as
treaty monitoring and verification.
(H) $10,000,000 for completing the
experimental study on analyzing the impacts of
sabotage of spent-fuel transportation in the
United States.
(I) $50,000,000 for accelerated or further
dismantlement of nuclear weapons (and removal
of pits from nuclear weapons).
(J) $41,000,000 for chemical weapons
destruction at the Bluegrass facility in
Kentucky.
(K) $73,000,000 for chemical weapons
destruction at the Pueblo facility in Colorado.
(c) Additional Support for Wounded Warriors and Their
Families.--
(1) Impact aid.--The amount provided in section 571
is hereby increased by $30,000,000 to increase funding
for impact aid to help local educational agencies
provide support to students who are dependents of
members of the Armed Forces.
(2) Family support for wounded warriors.--Amounts
provided for family support of wounded members of the
Armed Forces is hereby increased by $30,000,000.
(3) Suicide prevention.--Amounts available for
programs to prevent suicides by members of the Armed
Forces is hereby increased by $30,000,000.
(4) Wounded warriors as healthcare providers.--An
amount equal to $10,000,000 is authorized to be
appropriated for a pilot program to identify and
retrain wounded members as military health
professionals who would then treat and care for other
wounded members.
(d) National Guard and Reserve Shortfalls.--The balance of
amounts reduced under subsection (a), after application of
subsections (b) and (c) shall be available to increase amounts
available for the National Guard and Reserve to fund identified
shortfalls, especially in connection with homeland security
activities.
----------
24. An Amendment To Be Offered by Representative Price of Georgia, or
His Designee, Debatable for 5 Minutes
Page 406, after line 18, insert the following new section:
SEC. 1005. MANAGEMENT OF PURCHASE CARDS.
(a) Required Safeguards and Internal Controls.--Section 2784
of title 10, United States Code, is amended in subsection (b)--
(1) by redesignating paragraphs (3) through (10) as
paragraphs (4) through (11), respectively;
(2) by inserting after paragraph (2) the following
new paragraph:
``(3) That expenditures charged to the purchase card
are independently received, accepted, or verified by an
official with authority to authorize expenditures.'';
(3) by redesignating paragraphs (9) through paragraph
(11) (as previously redesignated by paragraph (1)) as
paragraphs (10) through (12), respectively; and
(4) by inserting after paragraph (8) (as previously
redesignated by paragraph (1)) the following new
paragraph:
``(9) That appropriate inventory and property systems
are updated promptly in response to expenditures
charged to a purchase card related to pilferable
property.''.
(b) Penalties for Violations.--Section 2784(c)(1) of title
10, United States Code, is amended by striking ``provide for''
and inserting ``provide for the reimbursement of charges for
unauthorized or erroneous purchases and for''.
----------
25. An Amendment To Be Offered by Representative Price of North
Carolina, or His Designee, Debatable for 10 Minutes
Add at the end of title X, the following:
SEC. 10__. PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL.
Effective as of the date that is one year after the date of
the enactment of this Act, the Department of Defense manpower
mix criteria and the Department of Defense Supplement to the
Federal Acquisition Regulation shall be revised to provide
that--
(1) the interrogation of enemy prisoners of war,
civilian internees, retained persons, other detainees,
terrorists, and criminals when captured, transferred,
confined, or detained during or in the aftermath of
hostilities is an inherently governmental function and
cannot be transferred to private sector contractors who
are beyond the reach of controls otherwise applicable
to government personnel; and
(2) properly trained and cleared contractors may be
used as linguists, interpreters, report writers, and
information technology technicians if their work is
properly reviewed by appropriate government officials.
----------
26. An Amendment To Be Offered by Representative Lee of California, or
Her Designee, Debatable for 20 Minutes
At the end of subtitle B of title XII of the bill, add the
following new section:
SEC. 12XX. LIMITATION ON CERTAIN STATUS OF FORCES AGREEMENTS BETWEEN
THE UNITED STATES AND IRAQ.
No provision of any agreement between the United States and
Iraq described in section 1212(a)(1)(A)(iv) shall be in force
with respect to the United States unless the agreement--
(1) is in the form of a treaty requiring the advice
and consent of the Senate (or is intended to take that
form in the case of an agreement under negotiation); or
(2) is specifically authorized by an Act of Congress
enacted after the date of the enactment of this Act.
----------
27. An Amendment To Be Offered by Representative Fossella of New York,
or His Designee, Debatable for 5 Minutes
At the end of subtitle F of title VI, insert the following
new section:
SEC. 664. POSTAL BENEFITS PROGRAM FOR MEMBERS OF THE ARMED FORCES
SERVING IN IRAQ OR AFGHANISTAN.
(a) Availability of Postal Benefits.--The Secretary of
Defense, in consultation with the United States Postal Service,
shall provide for a program under which postal benefits are
provided to qualified individuals in accordance with this
section.
(b) Qualified Individual.--In this section, the term
``qualified individual'' means a member of the Armed Forces on
active duty (as defined in section 101 of title 10, United
States Code) who--
(1) is serving in Iraq or Afghanistan; or
(2) is hospitalized at a facility under the
jurisdiction of the Department of Defense as a result
of a disease or injury incurred as a result of service
in Iraq or Afghanistan.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the
program shall consist of such coupons or other similar
evidence of credit, whether in printed, electronic, or
other format (in this section referred to as a
``voucher''), as the Secretary of Defense, in
consultation with the Postal Service, shall determine,
which entitle the bearer or user to make qualified
mailings free of postage.
(2) Qualified mailing.--In this section, the term
``qualified mailing'' means the mailing of a single
mail piece which--
(A) is first-class mail (including any sound-
or video-recorded communication) not exceeding
13 ounces in weight and having the character of
personal correspondence or parcel post not
exceeding 10 pounds in weight;
(B) is sent from within an area served by a
United States post office; and
(C) is addressed to a qualified individual.
(3) Coordination rule.--Postal benefits under the
program are in addition to, and not in lieu of, any
reduced rates of postage or other similar benefits
which might otherwise be available by or under law,
including any rates of postage resulting from the
application of section 3401(b) of title 39, United
States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall
be eligible for one voucher for every second month in which the
member is a qualified individual.
(e) Limitations on Use; Duration.--A voucher may not be
used--
(1) for more than a single qualified mailing; or
(2) after the earlier of--
(A) the expiration date of the voucher, as
designated by the Secretary of Defense; or
(B) the end of the one-year period beginning
on the date on which the regulations prescribed
under subsection (f) take effect.
(f) Regulations.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense (in
consultation with the Postal Service) shall prescribe such
regulations as may be necessary to carry out the program,
including--
(1) procedures by which vouchers will be provided or
made available in timely manner to qualified
individuals; and
(2) procedures to ensure that the number of vouchers
provided or made available with respect to any
qualified individual complies with subsection (d).
(g) Transfers to Postal Service.--
(1) Based on estimates.--The Secretary of Defense
shall transfer to the Postal Service, out of amounts
available to carry out the program and in advance of
each calendar quarter during which postal benefits may
be used under the program, an amount equal to the
amount of postal benefits that the Secretary estimates
will be used during such quarter, reduced or increased
(as the case may be) by any amounts by which the
Secretary finds that a determination under this section
for a prior quarter was greater than or less than the
amount finally determined for such quarter.
(2) Based on final determination.--A final
determination of the amount necessary to correct any
previous determination under this section, and any
transfer of amounts between the Postal Service and the
Department of Defense based on that final
determination, shall be made not later than six months
after the end of the one-year period referred to in
subsection (e)(2)(B).
(3) Consultation required.--All estimates and
determinations under this subsection of the amount of
postal benefits under the program used in any period
shall be made by the Secretary of Defense in
consultation with the Postal Service.
(h) Funding.--
(1) Increase.--The amount authorized to be
appropriated by section 421 for military personnel is
hereby increased by $10,000,000, and such amount shall
be available for postal benefits provided in this
section.
(2) Offsetting reduction.--Funds authorized to be
appropriated in fiscal year 2009 for Military Personnel
are reduced by $10,000,000.
----------
28. An Amendment To Be Offered by Representative Inslee of Washington,
or His Designee, Debatable for 10 Minutes
Add at the end of subtitle D of title III the following:
SEC. 335. STUDY OF CONSIDERATION OF GREENHOUSE GAS EMISSIONS IN
ACQUISITION PROCESSES.
(a) Study.--The Secretary of Defense shall conduct a study to
develop procedures and methods to measure and consider
greenhouse gas emissions in the acquisition process, and shall
include in the study an examination of the following:
(1) The processes and methods which would need to be
developed and adopted to allow the Department of
Defense to consider greenhouse gas emissions in the
planning, requirements development, and acquisition
processes.
(2) The internal and external data necessary to allow
the Department of Defense to consider greenhouse gas
emissions in the planning, requirements development,
and acquisition processes.
(3) A timetable for the implementation of such
procedures and methods in the acquisition process, as
well as an estimate of the costs associated with such
implementation.
(4) Such other factors as the Secretary considers
appropriate with respect to the development and
implementation of such procedures and methods.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the
Congressional defense committees a report on the results of the
study conducted under subsection (a).
----------
29. An Amendment To Be Offered by Representative Inslee of Washington,
or His Designee, Debatable for 5 Minutes
At the end of title X, add the following new section:
SEC. 1071. STUDY AND REPORT ON USE OF POWER MANAGEMENT SOFTWARE.
(a) Study.--The Secretary of Defense shall conduct a study on
the use of power management software by civilian and military
personnel and facilities of the Department of Defense to reduce
the use of electricity in computer monitors and personal
computers. This study shall include recommendations for
baseline electric power use, for ensuring robust monitoring and
verification of power use requirements on a continuing basis,
and for potential technological solutions or best practices for
achieving these efficiency objectives.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a
report containing the results of the study under subsection
(a), including a description of the recommendations developed
under the study.
----------
30. An Amendment To Be Offered by Representative Brown-Waite of
Florida, or Her Designee, Debatable for 10 Minutes
Add at the end of subtitle G of title V, the following new
section:
SEC. 5__. RETROACTIVE AWARD OF ARMY COMBAT ACTION BADGE.
(a) Authority To Award.--The Secretary of the Army may award
the Army Combat Action Badge (established by order of the
Secretary of the Army through Headquarters, Department of the
Army Letter 600-05-1, dated June 3, 2005) to a person who,
while a member of the Army, participated in combat during which
the person personally engaged, or was personally engaged by,
the enemy at any time during the period beginning on December
7, 1941, and ending on September 18, 2001 (the date of the
otherwise applicable limitation on retroactivity for the award
of such decoration), if the Secretary determines that the
person has not been previously recognized in an appropriate
manner for such participation.
(b) Procurement of Badge.--The Secretary of the Army may make
arrangements with suppliers of the Army Combat Action Badge so
that eligible recipients of the Army Combat Action Badge
pursuant to subsection (a) may procure the badge directly from
suppliers, thereby eliminating or at least substantially
reducing administrative costs for the Army to carry out this
section.
----------
31. An Amendment To Be Offered by Representative McGovern of
Massachusetts, or His Designee, Debatable for 20 Minutes
At the end of subtitle G of title X of the bill, add the
following new section:
SEC. 10XX. PUBLIC DISCLOSURE OF NAMES OF STUDENTS AND INSTRUCTORS AT
WESTERN HEMISPHERE INSTITUTE FOR SECURITY
COOPERATION.
Section 2166 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(j) Public Disclosure of Students and Instructors.--(1) The
Secretary of Defense shall release to the public, upon request,
the information described in paragraph (2) for each of fiscal
years 2005, 2006, 2007, and 2008, and any fiscal year
thereafter.
``(2) The information to be released under paragraph (1)
shall include the following with respect to the fiscal year
covered:
``(A) The entire name, including the first, middle,
and maternal and paternal surnames, with respect to
each student and instructor at the Institute.
``(B) The rank of each student and instructor.
``(C) The country of origin of each student and
instructor.
``(D) The courses taken by each student.
``(E) The courses taught by each instructor.
``(F) Any years of attendance by each student in
addition to the fiscal year covered.''.
----------
32. An Amendment To Be Offered by Representative Holt of New Jersey, or
His Designee, Debatable for 10 Minutes
Add at the end of title X, the following:
SEC. 10__. REQUIREMENT FOR VIDEOTAPING OR OTHERWISE ELECTRONICALLY
RECORDING STRATEGIC INTELLIGENCE INTERROGATIONS OF
PERSONS IN THE CUSTODY OF OR UNDER THE EFFECTIVE
CONTROL OF THE DEPARTMENT OF DEFENSE.
(a) In General.--In accordance with the Army Field Manual on
Human Intelligence Collector Operations (FM 2-22.3, September
2006), or any successor thereto, and the guidelines developed
pursuant to subsection (e), the Secretary of Defense shall take
such actions as are necessary to ensure the videotaping or
otherwise electronically recording of each strategic
intelligence interrogation of any person who is in the custody
or under the effective control of the Department of Defense or
under detention in a Department of Defense facility.
(b) Classification of Information.--To protect United States
national security, the safety of the individuals conducting or
assisting in the conduct of a strategic intelligence
interrogation, and the privacy of persons described in
subsection (a), the Secretary of Defense shall provide for the
appropriate classification of video tapes or other electronic
recordings made pursuant to subsection (a). The use of such
classified video tapes or other electronic recordings in
proceedings conducted under the Detainee Treatment Act of 2005
(title 14 of Public Law 109-163 and title 10 of Public Law 109-
148), the Military Commissions Act of 2006 (10 U.S.C. 948 et
seq.; Public Law 109-366), or any other provision of law shall
be governed by applicable rules, regulations, and law.
(c) Strategic Intelligence Interrogation Defined.--For
purposes of this section, the term ``strategic intelligence
interrogation'' means an interrogation of a person described in
subsection (a) conducted at a theater-level detention facility.
(d) Exclusion.--Nothing in this section shall be construed as
requiring--
(1) any member of the Armed Forces engaged in direct
combat operations to videotape or otherwise
electronically record a person described in subsection
(a); or
(2) the videotaping or other electronic recording of
tactical questioning, as such term is defined in the
Army Field Manual on Human Intelligence Collector
Operations (FM 2-22.3, September 2006), or any
successor thereto.
(e) Guidelines for Videotape and Other Electronic
Recordings.--
(1) Development of guidelines.--The Secretary of
Defense, acting through the Judge Advocates General (as
defined in section 801(1) of title 10, United States
Code, (Article 1 of the Uniform Code of Military
Justice)), shall develop and adopt uniform guidelines
designed to ensure that the videotaping or other
electronic recording required under subsection (a), at
a minimum--
(A) promotes full compliance with the laws of
the United States;
(B) is maintained for a length of time that
serves the interests of justice in cases for
which trials are being or may be conducted
pursuant to the Detainee Treatment Act of 2005
(title 14 of Public Law 109-163 and title 10 of
Public Law 109-148), the Military Commissions
Act of 2006 (10 U.S.C. 948 et seq.; Public Law
109-366), or any other provision of law;
(C) promotes the exploitation of
intelligence; and
(D) ensures the safety of all participants in
the interrogations.
(2) Submittal to congress.--Not later than 30 days
after the date of the enactment of this section, the
Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of
Representatives a report containing the guidelines
developed under paragraph (1). Such report shall be in
an unclassified form but may include a classified
annex.
----------
33. An Amendment To Be Offered by Representative Pearce of New Mexico,
or His Designee, Debatable for 10 Minutes
At the end of title XXXI, insert the following:
SEC. 31__. INCREASED FUNDING FOR RELIABLE REPLACEMENT WARHEAD PROGRAM.
(a) Increase.--The amount in section 3101 for weapons
activities, National Nuclear Security Administration, is hereby
increased by $10,000,000, to be available for the Reliable
Replacement Warhead program.
(b) Offset.--The amount in section 2402 is hereby reduced by
$10,000,000, to be derived from energy conservation on military
installations.
----------
34. An Amendment To Be Offered by Representative McDermott of
Washington, or His Designee, Debatable for 5 Minutes
At the end of title VII, add the following new section:
SEC. 7__. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS CONTAINED IN
REPORT ON HEALTH EFFECTS OF EXPOSURE TO DEPLETED
URANIUM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report describing the measures underway to implement the
recommendations contained in the report entitled ``Review of
the Toxicologic and Radiologic Risks to Military Personnel from
Exposure to Depleted Uranium During and After Combat'', which
was conducted pursuant to section 716 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public
Law 109-364; 120 Stat. 2391).
----------
35. An Amendment To Be Offered by Representative King of Iowa, or His
Designee, Debatable for 5 Minutes
Page 401, after line 14, insert the following new section:
SEC. 947. REPORT ON NATIONAL GUARD RESOURCE REQUIREMENTS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Chief of the National Guard Bureau
shall submit to the Secretary of Defense a report--
(1) detailing the extent to which the various
provisions in title XVIII of the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-
181) have been effective in giving the National Guard a
clearer voice in policy and budgetary discussions in
the Department of Defense; and
(2) assessing the adequacy of Department of Defense
funding for the resource requirements of the National
Guard.''
(b) Report to Congress.--Not later than 30 days after the
Secretary of Defense receives the report under subsection (a),
the Secretary shall submit to Congress such report, along with
any explanatory comments the Secretary considers necessary.
----------
36. An Amendment To Be Offered by Representative Matsui of California,
or Her Designee, Debatable for 5 Minutes
At the end of subtitle E of title V, add the following new
section:
SEC. 5__. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.
(a) Correction and Payment Authority.--During the period
beginning on January 1, 2009, and ending on June 30, 2009, the
Secretary of the Army may--
(1) consider, through the Army Board for the
Correction of Military Records, a request for the
correction of military records relating to the amount
of the Army College Fund benefit to which a member or
former member of the Armed Forces may be entitled under
an Army Incentive Program contract; and
(2) pay such amounts as the Secretary considers
necessary to ensure fairness and equity with regard to
the request if the Secretary determines that the
correction of the records is appropriate.
(b) Exception to Payment Limits.--A payment under subsection
(a)(2) may be made without regard to any limits on the total
combined amounts established for the Army College Fund and the
Montgomery G.I. Bill.
(c) Funding Source.--Payments under subsection (a)(2) shall
be made solely from funds appropriated for military personnel
programs for fiscal year 2009.
----------
37. An Amendment To Be Offered by Representative DeFazio of Oregon, or
His Designee, Debatable for 5 Minutes
At the end of title VIII, add the following new section:
SEC. 849. MOTOR CARRIER FUEL SURCHARGES.
(a) Pass Through and Disclosure.--Chapter 157 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 2652. Motor carrier fuel surcharges
``(a) Pass Through to Cost Bearer.--In all carriage contracts
in which a fuel-related adjustment is provided for, the
Secretary of Defense shall require that a motor carrier,
broker, or freight forwarder providing or arranging truck
transportation or service using fuel for which it does not bear
the cost pay to the person who bears the cost of such fuel the
amount of all charges that relate to the cost of fuel that were
invoiced or otherwise presented to the person responsible
directly to the motor carrier, broker, or freight forwarder for
payment for the transportation or service.
``(b) Disclosure.--The Secretary shall require in a contract
described in subsection (a) that a motor carrier, broker, or
freight forwarder providing or arranging transportation or
service using fuel not paid for by it disclose any fuel-related
adjustment by making the amount of the adjustment publicly
available, including on the Internet.
``(c) Regulations.--The Secretary shall prescribe regulations
to ensure contracts described in subsection (a) include
measures necessary to ensure enforcement of this section.''.
(b) Conforming Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following: new item:
``2652. Motor carrier fuel surcharges.''.
____________________________________________________
38. An Amendment To Be Offered by Representative Turner of Ohio, or His
Designee, Debatable for 5 Minutes
Page 481, after line 13, insert the following:
SEC. 1110. STATUS REPORTS RELATING TO LABORATORY PERSONNEL
DEMONSTRATION PROJECTS.
Section 1107 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 122 Stat. 357) is amended
by adding at the end the following:
``(e) Status Reports.--
``(1) In general.--Not later than 45 days after the
date of the enactment of this Act and not later than
March 1 of each year beginning after the date on which
the first report under this subsection is submitted,
the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of
Representatives a report providing, with respect to the
year before the year in which such report is submitted,
the information described in paragraph (2).
``(2) Information required.--Each report under this
subsection shall describe the following:
``(A) The actions taken by the Secretary of
Defense under subsection (a) during the year
covered by the report.
``(B) The progress made by the Secretary of
Defense during such year in developing and
implementing the plan required by subsection
(b), including the anticipated date for
completion of such plan and a list and
description of any issues relating to the
development or implementation of such plan.
``(C) With respect to any applications by
laboratories seeking to be designated as a
demonstration laboratory or to otherwise obtain
any of the personnel flexibilities available to
a demonstration laboratory--
``(i) the number of applications that
were received, pending, or acted on
during such year;
``(ii) the status or disposition of
any applications under clause (i),
including, in the case of any
application on which a final decision
was rendered, the laboratory involved,
what the laboratory had requested, the
decision reached, and the reasons for
the decision; and
``(iii) in the case of any
applications under clause (i) on which
a final decision was not rendered, the
date by which a final decision is
anticipated.
``(3) Definition.--For purposes of this subsection,
the term `demonstration laboratory' means a laboratory
designated by the Secretary of Defense under the
provisions of section 342(b) of the National Defense
Authorization Act for Fiscal Year 1995 (as cited in
subsection (a)) as a Department of Defense science and
technology reinvention laboratory.''.
----------
39. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 5 Minutes
Add at the end of subtitle D of title VI, the following new
section:
SEC. 6__. ELIGIBILITY FOR DISABILITY RETIRED PAY AND SEPARATION PAY OF
CERTAIN FORMER CADETS AND MIDSHIPMEN WITH PRIOR
ENLISTED SERVICE.
Section 1217(a) of title 10, United States Code, is amended
by striking ``incurred after October 28, 2004.'' and inserting
``incurred--
``(1) after October 28, 2004; or
``(2) after January 1, 2000, in the case of a cadet
or midshipman who was discharged from an enlisted grade
in order to accept an appointment as a cadet or
midshipman.''.
----------
40. An Amendment To Be Offered by Representative DeLauro of
Connecticut, or Her Designee, Debatable for 5 Minutes
At the end of subtitle C of title VII, add the following new
section:
SEC. 726. POST-DEPLOYMENT MENTAL HEALTH SCREENING DEMONSTRATION
PROJECT.
(a) Demonstration Project Required.--The Secretary of Defense
shall conduct a demonstration project to assess the feasibility
and efficacy of providing a face to face post-deployment mental
health screening between a member of the Armed Forces and a
mental health provider.
(b) Elements.--The demonstration project shall include, at a
minimum, the following elements:
(1) A combat stress evaluation conducted in person by
a qualified mental health professional within 120 to
180 days after the date on which the member returns
from combat theater.
(2) Phone follow-ups by a case manager, not
necessarily stationed at the military installation, at
the following intervals after the initial post-
deployment screening:
(A) Six months.
(B) 12 months.
(C) 18 months.
(D) 24 months.
(c) Consultation.--The Secretary of Defense shall develop the
demonstration project in consultation with the Secretary of
Veterans Affairs and the Secretary of Health and Human
Services. The Secretary of Defense may also coordinate the
program with any accredited college, university, hospital-based
or community-based mental health center the Secretary considers
appropriate.
(d) Selection of Military Installation.--The demonstration
project shall be conducted at two military installations, one
active duty and one reserve component demobilization station,
selected by the Secretary of Defense. The installations
selected shall have members of the Armed Forces on active duty
and members of the reserve components that use the installation
as a training and operating base, with members routinely
deploying in support of operations in Iraq, Afghanistan, and
other assignments related to the global war on terrorism.
(e) Personnel Requirements.--The Secretary of Defense shall
ensure an adequate number of the following personnel in the
program:
(1) Qualified mental health professionals that are
licensed psychologists, psychiatrists, psychiatric
nurses, or clinical social workers.
(2) Suicide prevention counselors.
(f) Timeline.--
(1) The demonstration project required by this
subsection shall be implemented not later than
September 30, 2009.
(2) Authority for this demonstration project shall
expire on September 30, 2011.
(g) Reports.--The Secretary of Defense shall submit to the
congressional defense committees--
(1) a plan to implement the demonstration project,
including site selection and criteria for choosing the
site, not later than June 1, 2009,
(2) an interim report every 180 days thereafter; and
(3) a final report detailing the results not later
than January 1, 2012.
----------
41. An Amendment To Be Offered by Representative Everett of Alabama, or
His Designee, Debatable for 5 Minutes
At the end of title subtitle E of title V, insert the
following new section:
SEC. 5__. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY
EDUCATION TO AWARD DEGREES.
(a) National Defense Intelligence College.--
(1) In general.--Section 2161 of title 10, United
States Code, is amended to read as follows:
``Sec. 2161. Degree granting authority for National Defense
Intelligence College
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, the President of the National Defense
Intelligence College may, upon the recommendation of the
faculty of the National Defense Intelligence College, confer
appropriate degrees upon graduates who meet the degree
requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by
striking the item relating to section 2161 and
inserting the following new item:
``2161. Degree granting authority for National Defense Intelligence
College.''.
(b) National Defense University.--
(1) In general.--Section 2163 of such title is
amended to read as follows:
``Sec. 2163. Degree granting authority for National Defense University
``(a) Authority.--Under regulations prescribed by the
Secretary of Defense, the President of the National Defense
University may, upon the recommendation of the faculty of the
National Defense University, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 108 of such title is amended by
striking the item relating to section 2163 and
inserting the following new item:
``2163. Degree granting authority for National Defense University.''.
(c) United States Army Command and General Staff College.--
(1) In general.--Section 4314 of such title is
amended to read as follows:
``Sec. 4314. Degree granting authority for United States Army Command
and General Staff College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Commandant of the United States Army
Command and General Staff College may, upon the recommendation
of the faculty and dean of the college, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by
striking the item relating to section 4314 and
inserting the following new item:
``4314. Degree granting authority for United States Army Command and
General Staff College.''.
(d) United States Army War College.--
(1) In general.--Section 4321 of title 10, United
States Code, is amended to read as follows:
``Sec. 4321. Degree granting authority for United States Army War
College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Army, the Commandant of the United States Army
War College may, upon the recommendation of the faculty and
dean of the college, confer appropriate degrees upon graduates
who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 401 of such title is amended by
striking the item relating to section 4321 and
inserting the following new item:
``4321. Degree granting authority for United States Army War College.''.
(e) United States Naval Postgraduate School.--
(1) In general.--Section 7048 of such title is
amended to read as follows:
``Sec. 7048. Degree granting authority for United States Naval
Postgraduate School
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Naval Postgraduate
School may, upon the recommendation of the faculty of the Naval
Postgraduate School, confer appropriate degrees upon graduates
who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 605 of such title is amended by
striking the item relating to section 7048 and
inserting the following new item:
``7048. Degree granting authority for United States Naval Postgraduate
School.''.
(f) Naval War College.--
(1) In general.--Section 7101 of such title is
amended to read as follows:
``Sec. 7101. Degree granting authority for Naval War College
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Naval War College
may, upon the recommendation of the faculty of the Naval War
College components, confer appropriate degrees upon graduates
who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by
striking the item relating to section 7101 and
inserting the following new item:
``7101. Degree granting authority for Naval War College.''.
(g) Marine Corps University.--
(1) In general.--Section 7102 of such title is
amended to read as follows:
``Sec. 7102. Degree granting authority for Marine Corps University
``(a) Authority.--Under regulations prescribed by the
Secretary of the Navy, the President of the Marine Corps
University may, upon the recommendation of the directors and
faculty of the Marine Corps University, confer appropriate
degrees upon graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing degree.
``(d) Board of Advisors.--The Secretary of the Navy shall
establish a board of advisors for the Marine Corps University.
The Secretary shall ensure that the board is established so as
to meet all requirements of the appropriate regional
accrediting association.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 609 of such title is amended by
striking the item relating to section 7102 and
inserting the following new item:
``7102. Degree granting authority for Marine Corps University.''.
(h) United States Air Force Institute of Technology.--
(1) In general.--Section 9314 of such title is
amended to read as follows:
``Sec. 9314. Degree granting authority for United States Air Force
Institute of Technology
``(a) Authority.--Under regulations prescribed by the
Secretary of the Air Force, the commander of Air University
may, upon the recommendation of the faculty of the United
States Air Force Institute of Technology, confer appropriate
degrees upon graduates of the United States Air Force Institute
of Technology who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing degree.
``(d) Civilian Faculty.--(1) The Secretary of the Air Force
may employ as many civilian faculty members at the United
States Air Force Institute of Technology as is consistent with
the needs of the Air Force and with Department of Defense
personnel limits.
``(2) The Secretary shall prescribe regulations determining--
``(A) titles and duties of civilian members of the
faculty; and
``(B) pay of civilian members of the faculty,
notwithstanding chapter 53 of title 5, but subject to
the limitation set out in section 5373 of title 5.
``(e) Reimbursement.--(1) The Department of the Army, the
Department of the Navy, and the Department of Homeland Security
shall bear the cost of the instruction at the Air Force
Institute of Technology that is received by members of the
armed forces detailed for that instruction by the Secretaries
of the Army, Navy, and Homeland Security, respectively.
``(2) Members of the Army, Navy, Marine Corps, and Coast
Guard may only be detailed for instruction at the Institute on
a space-available basis.
``(3) In the case of an enlisted member of the Army, Navy,
Marine Corps, and Coast Guard permitted to receive instruction
at the Institute, the Secretary of the Air Force shall charge
that member only for such costs and fees as the Secretary
considers appropriate (taking into consideration the admission
of enlisted members on a space-available basis).
``(f) Acceptance of Research Grants.--(1) The Secretary of
the Air Force may authorize the Commandant of the United States
Air Force Institute of Technology to accept qualifying research
grants. Any such grant may only be accepted if the work under
the grant is to be carried out by a professor or instructor of
the Institute for a scientific, literary, or educational
purpose.
``(2) A qualifying research grant under this subsection is a
grant that is awarded on a competitive basis by an entity
referred to in paragraph (3) for a research project with a
scientific, literary, or educational purpose.
``(3) A grant may be accepted under this subsection only from
a corporation, fund, foundation, educational institution, or
similar entity that is organized and operated primarily for
scientific, literary, or educational purposes.
``(4) The Secretary shall establish an account for
administering funds received as research grants under this
section. The Commandant of the Institute shall use the funds in
the account in accordance with applicable provisions of the
regulations and the terms and condition of the grants received.
``(5) Subject to such limitations as may be provided in
appropriations Acts, appropriations available for the Institute
may be used to pay expenses incurred by the Institute in
applying for, and otherwise pursuing, the award of qualifying
research grants.
``(6) The Secretary shall prescribe regulations for the
administration of this subsection.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by
striking the item relating to section 9314 and
inserting the following new item:
``9314. Degree granting authority for United States Air Force Institute
of Technology.''.
(i) Air University.--
(1) In general.--Section 9317 of such title is
amended to read as follows:
``Sec. 9317. Degree granting authority for Air University
``(a) Authority.--Except as provided in sections 9314 and
9315 of this title, under regulations prescribed by the
Secretary of the Air Force, the commander of Air University
may, upon the recommendation of the faculty of the Air
University components, confer appropriate degrees upon
graduates who meet the degree requirements.
``(b) Limitation.--A degree may not be conferred under this
section unless--
``(1) the Secretary of Education has recommended
approval of the degree in accordance with the Federal
Policy Governing Granting of Academic Degrees by
Federal Agencies; and
``(2) the curriculum leading to that degree is
accredited by the appropriate civilian academic
accrediting agency or organization, as determined by
the Secretary of Education.
``(c) Congressional Notification Requirements.--(1) When
seeking to establish degree granting authority under this
section, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of
Representatives--
``(A) a copy of the self assessment questionnaire
required by the Federal Policy Governing Granting of
Academic Degrees by Federal Agencies, at the time the
assessment is submitted to the Department of
Education's National Advisory Committee on
Institutional Quality and Integrity; and
``(B) the subsequent recommendations and rationale of
the Secretary of Education regarding the establishment
of the degree granting authority.
``(2) Upon any modification, redesignation or termination of
existing degree granting authority, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report containing the rationale
for the proposed modification, redesignation or termination and
any subsequent recommendation of the Secretary of Education on
the proposed modification, redesignation or termination.
``(3) The Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives a
report containing an explanation of any action by the
appropriate academic accrediting agency or organization not to
accredit the curriculum leading to any new or existing
degree.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 901 of such title is amended by
striking the item relating to section 9317 and
inserting the following new item:
``9317. Degree granting authority for Air University.''.
(j) Effective Date.--This section shall apply to any degree
granting authority established, modified, redesignated or
terminated on or after the date of enactment of this Act.
----------
42. An Amendment To Be Offered by Representative Schakowsky of
Illinois, or Her Designee, Debatable for 5 Minutes
At the end of subtitle C, add the following new section:
SEC. 824. PERFORMANCE BY PRIVATE SECURITY CONTRACTORS OF INHERENTLY
GOVERNMENTAL FUNCTIONS IN AN AREA OF COMBAT
OPERATIONS.
(a) Modification of Regulations.--Not later than 60 days
after the date of the enactment of this Act, the regulations
prescribed by the Secretary of Defense pursuant to section
862(a) of the National Defense Authorization Act for Fiscal
Year 2008 (Public Law 110-181; 122 Stat. 254; 10 U.S.C. 2302
note) shall be modified to ensure that private security
contractors are not authorized to perform inherently
governmental functions in an area of combat operations.
(b) Guidance.--After the issuance of regulations to implement
the actions required by section 322 of this Act, the Secretary
of Defense shall issue supplementary guidance to describe
functions that should not be performed by private security
contractors because they constitute inherently governmental
functions.
(c) Periodic Review of Performance of Functions.--
(1) In general.--The Secretary of Defense shall, in
coordination with the heads of other appropriate
agencies, periodically review the performance of
private security functions in areas of combat
operations to ensure that such functions are authorized
and performed in a manner consistent with the
requirements of this section.
(2) Reports.--Not later than June 1 of each of 2009,
2010, and 2011, the Secretary shall submit to the
congressional defense committees a report on the
results of the most recent review conducted under
paragraph (1).
----------
43. An Amendment To Be Offered by Representative Schiff of California,
or His Designee, Debatable for 5 Minutes
Page 438, after line 6, insert the following (and make such
technical and conforming changes as may be appropriate):
SEC. 1048. STUDY ON METHODS TO VERIFIABLY REDUCE THE LIKELIHOOD OF
ACCIDENTAL NUCLEAR LAUNCH.
(a) Study Required.--The Secretary of Defense shall carry
out a study to evaluate procedural and physical options for
introducing into the nuclear weapons launch procedures of the
United States, Russia, China, and any other strategically
appropriate nations determined by the Secretary, a time-delay
before a launch command can be executed that would be
transparent to and verifiable by the other nations. The options
studied shall encompass a wide range of possible time-delays
and shall include, for each option, an analysis of--
(1) the increased time, over current procedures,
before a launch command can be executed;
(2) the strategic risk to United States national
security, including the survivability of the United
States arsenal under a range of verification failures;
(3) the range of possible inspection regimes,
including the degree of verifiability that each would
afford; and
(4) the availability of parallel options in the other
nations included in such study.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report on the results of the
study. If a report under this subsection is submitted in
classified form, the Secretary shall concurrently submit to the
congressional defense committees an unclassified version of
such report.
----------
44. An Amendment To Be Offered by Representative Blumenauer of Oregon,
or His Designee, Debatable for 5 Minutes
At the end of subtitle B of title III, add the following new
section:
SEC. 314. DETECTION INSTRUMENT TECHNOLOGY RESEARCH AND DEPLOYMENT OF
RESULTING DETECTION INSTRUMENTS AND TECHNOLOGICAL
IMPROVEMENTS.
(a) Research Required.--The Secretary of Defense shall--
(1) make the research, development, testing, and
evaluation of technology related to unexploded ordnance
detection a priority; and
(2) accelerate the transition of promising detection
instrument technology across the Department of Defense.
(b) Deployment and Training.--The Secretary shall facilitate
the deployment of unexploded ordnance detection instrument
technology developed through research funded by the Department
of Defense or developed by entities other than the Department
of Defense. The Secretary may consider allocating a portion of
the amount appropriated for such research and development
activities to assist in the training of operators of unexploded
ordnance detection instruments on the use of new detection
instruments.
(c) Report.--Not later than February 1, 2009, the Secretary
shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives a report describing and evaluating the
following:
(1) The amounts allocated for research, development,
test, and evaluation for unexploded ordnance detection
technologies.
(2) The amounts allocated for transition of new
unexploded ordnance technologies.
(3) Activities undertaken by the Department to
transition such technologies and train operators on
emerging detection instrument technologies.
(4) Any impediments to the transition of new
unexploded ordnance detection instrument technologies
to regular operation in remediation programs.
(5) The transfer of such technologies to private
companies involved in the detection of unexploded
ordnance.
(6) Activities undertaken by the Department to raise
public awareness regarding unexploded ordnance.
(d) Unexploded Ordnance Defined.--In this section, the term
``unexploded ordnance'' has the meaning given such term in
section 101(e)(5) of title 10, United States Code.
----------
45. An Amendment To Be Offered by Representative Bordallo of Guam, or
Her Designee, Debatable for 5 Minutes
At the end of subtitle C of title XXVIII, insert the
following new section:
SEC. 2829. PORT OF GUAM IMPROVEMENT ENTERPRISE PROGRAM.
(a) In General.--The Secretary of Transportation, acting
through the Administrator of the Maritime Administration (in
this section referred to as the ``Administrator''), may
establish a Port of Guam Improvement Enterprise Program (in
this section referred to as the ``Program'') to provide for the
planning, design, and construction of projects for the Port of
Guam to improve facilities, relieve port congestion, and
provide greater access to port facilities.
(b) Authorities of the Administrator.--In carrying out the
Program, the Administrator may--
(1) receive funds provided for the Program from non-
Federal entities, including private entities;
(2) provide for coordination among appropriate
governmental agencies to expedite the review process
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) for projects carried out under the
Program;
(3) provide for coordination among appropriate
governmental agencies in connection with other reviews
and requirements applicable to projects carried out
under the Program; and
(4) provide technical assistance to the Port
Authority of Guam (and its agents) as needed for
projects carried out under the Program.
(c) Port of Guam Improvement Enterprise Fund.--
(1) Establishment.--There is established in the
Treasury of the United States a separate account to be
known as the ``Port of Guam Improvement Enterprise
Fund'' (in this section referred to as the ``Fund'').
(2) Deposits.--There shall be deposited into the
Fund--
(A) amounts received by the Administrator
from non-Federal sources under subsection
(b)(1);
(B) amounts transferred to the Administrator
under subsection (d); and
(C) amounts appropriated to carry out this
section under subsection (f).
(3) Use of amounts.--Amounts in the Fund shall be
available to the Administrator to carry out the
Program.
(4) Administrative expenses.--Not to exceed 3 percent
of the amounts appropriated to the Fund for a fiscal
year may be used for administrative expenses of the
Administrator.
(5) Availability of amounts.--Amounts in the Fund
shall remain available until expended.
(d) Transfers of Amounts.--Amounts appropriated or otherwise
made available for any fiscal year for an intermodal or marine
facility comprising a component of the Program shall be
transferred to and administered by the Administrator.
(e) Limitation.--Nothing in this section shall be construed
to authorize amounts made available under section 215 of title
23, United States Code, or any other amounts made available for
the construction of highways or amounts otherwise not eligible
for making port improvements to be deposited into the Fund.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Fund such sums as may be necessary to
carry out this section.
----------
46. An Amendment To Be Offered by Representative Moore of Wisconsin, or
Her Designee, Debatable for 5 Minutes
At the end of title VII, add the following new section:
SEC. 7__. IMPLEMENTATION OF RECOMMENDATIONS OF DEPARTMENT OF DEFENSE
MENTAL HEALTH TASK FORCE.
(a) In General.--The Comptroller General of the United States
shall conduct a review of the implementation by the Department
of Defense of recommendations made by the Department of Defense
Task Force on Mental Health (in this section referred to as the
``Task Force'') developed pursuant to section 723 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163; 119 Stat. 3348) to ensure a full continuum of
psychological health services and care for members of the Armed
Forces and their families.
(b) Report Required.--Not later than one year after the date
of the enactment of this Act, the Comptroller General shall
submit to the congressional defense committees a report on the
results of the review required by this section. The report
shall include such recommendations as the Comptroller General
considers appropriate.
----------
47. An Amendment To Be Offered by Representative Ortiz of Texas, or His
Designee, Debatable for 5 Minutes
At the end of title I, add the following new section:
SEC. 144. REPORT ON FUTURE JET CARRIER TRAINER REQUIREMENTS OF THE
NAVY.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of the Navy shall submit to the
congressional defense committees a report on future jet carrier
trainer requirements. The report shall include--
(1) an assessment of the Navy Strategic Planning
Study concerning future jet carrier trainer
requirements;
(2) an assessment of studies conducted by independent
organizations concerning future jet carrier trainer
requirements;
(3) a cost-benefit analysis of creating a new program
to fulfill future jet carrier trainer requirements;
(4) a cost-benefit analysis of modifying current
programs to fulfill future jet carrier trainer
requirements; and
(5) a plan to address future jet carrier trainer
requirements beginning fiscal year 2010.
----------
48. An Amendment To Be Offered by Representative Kennedy of Rhode
Island, or His Designee, Debatable for 5 Minutes
At the end of subtitle A of title VII, add the following new
section:
SEC. 708. RESERVE COMPONENT BEHAVIORAL HEALTH CARE PROVIDER LOCATOR AND
APPOINTMENT ASSISTANCE DEMONSTRATION PROJECT.
(a) Demonstration Project.--The Secretary of Defense shall
conduct a demonstration project to assess the feasibility and
efficacy of providing a behavioral health care provider locator
and appointment assistance service to members of the reserve
components of the Armed Forces.
(b) Elements.--The demonstration project shall include, at a
minimum, a toll-free hotline, staffed and available 24 hours a
day 7 days a week, to help members of the reserve components
find behavioral health care providers and schedule outpatient
appointments in the TRICARE network.
(c) Eligibility.--In order to be eligible for the
demonstration project, a member of the Armed Forces shall meet
the following requirements:
(1) Be a member of the Selected Reserve.
(2) Be enrolled in TRICARE Reserve Select.
(d) Implementation.--The demonstration project shall be
implemented not later than 180 days after the date of the
enactment of this Act.
(e) Sunset.--The authority for the demonstration project
required by this section shall expire on September 30, 2011.
(f) Reports.--The Secretary of Defense shall submit to the
congressional defense committees the following reports:
(1) Plan.--Not later than 90 days after the date of
the enactment of this Act, a report containing a plan
to implement the demonstration project required by this
section.
(2) Updates.--Not later than 180 days after such date
of enactment and every 180 days thereafter, a report
containing an update on the demonstration project.
(3) Final evaluation.--Not later than January 1,
2012, a report containing a final written evaluation,
including recommendations for the extension or
expansion of the demonstration project.
----------
49. An Amendment To Be Offered by Representative Israel of New York, or
His Designee, Debatable for 5 Minutes
Add at the end of subtitle B of title III the following new
section:
SEC. 314. CLOSED LOOP RECYCLING FOR MOTOR VEHICLE LUBRICATING OIL.
(a) Study and Evaluation.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report which reviews the Department
of Defense's policies concerning the sale and disposal of used
motor vehicle lubricating oil, and shall include in the report
an evaluation of the feasibility and desirability of
implementing policies to require closed loop recycling of used
oil as a means of reducing total indirect energy usage and
greenhouse gas emissions.
(b) Implementation.--To the extent that the evaluation
included in the report submitted under subsection (a) indicates
that closed loop recycling of used motor vehicle lubricating
oil can reduce total indirect energy usage and greenhouse gas
emissions without significant increase in overall cost to the
Department of Defense, the Secretary shall implement policies
to require closed loop recycling of used oil whenever feasible.
(c) Definition.--For purposes of this section, the term
``closed loop recycling'' means the sale of used oil to
entities that re-refine used oil into base oil and vehicle
lubricants that meet Department of Defense and industry
standards, and the purchase of re-refined oil produced through
such re-refining process.
----------
50. An Amendment To Be Offered by Representative Israel of New York, or
His Designee, Debatable for 10 Minutes
At the end of title XII, add the following new section:
SEC. 12__. EMPLOYMENT FOR RESETTLED IRAQIS.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly establish and operate a
temporary program to offer employment as translators,
interpreters, or cultural awareness instructors to individuals
described in subsection (b).
(b) Eligibility.--Individuals referred to in subsection (a)
are individuals, in the determination of the Secretary of
State, in coordination with the Secretary of Defense and the
Secretary of Homeland Security, who--
(1) are Iraqi nationals lawfully present in the
United States; and
(2) worked, for at least 12 months since 2003, as
translators in the Republic of Iraq for the United
States Armed Forces or other agency of the United
States Government.
(c) Funding.--
(1) In general.--Except as provided in paragraph (2),
the program established under subsection (a) shall be
funded from the annual general operating budget of the
Department of Defense.
(2) Exception.--The Secretary of State shall
reimburse the Department of Defense for any costs
associated with individuals described in subsection (b)
whose work was for the Department of State.
(d) Rule of Construction Regarding Access To Classified
Information.--Nothing in this section may be construed as
affecting in any manner practices and procedures regarding the
handling of or access to classified information.
(e) Information Sharing.--The Secretary of Defense and the
Secretary of State shall work with the Secretary of Homeland
Security, the Office of Refugee Resettlement of the Department
of Health and Human Services, and nongovernmental organizations
to ensure that Iraqis resettled in the United States are
informed of the program established under subsection (a).
(f) Regulations.--The Secretary of Defense, in coordination
with the Secretary of State, shall prescribe such regulations
as are necessary to carry out the program established under
subsection (a), including establishing pay scales and hiring
procedures, and determining the number of positions required to
be filled.
(g) Termination.--
(1) In general.--Except as provided in paragraph (2),
the program established under subsection (a) shall
terminate on December 31, 2014.
(2) Earlier termination.--If the Secretary of
Defense, in coordination with the Secretary of State,
determines that the program established under
subsection (a) should terminate before the date
specified in paragraph (1), the Secretaries may
terminate the program if the Secretaries notify
Congress in writing of such termination at least 180
days before such termination.
----------
51. An Amendment To Be Offered by Representative Schwartz of
Pennsylvania, or Her Designee, Debatable for 5 Minutes
Add at the end of title X the following new section:
SEC. 1071. USE OF RUNWAY AT NASJRB WILLOW GROVE, PENNSYLVANIA.
(a) Conditions on Conveyance, Grant, Lease, or License.--Any
conveyance, grant, lease, or license from the United States to
the Commonwealth of Pennsylvania or other legal entity that
includes the airfield property located at NASJRB Willow Grove
and designated for operation as a Joint Interagency
Installation pursuant to section 3703 of the U.S. Troop
Readiness, Veterans' Care, Katrina Recovery, and Iraq
Accountability Appropriations Act, 2007 (121 Stat. 145) shall
be subject to the restrictions on the use of the airfield set
forth in subsection (b).
(b) Restrictions on Use.--The airfield at the installation
shall not be used for any of the following purposes:
(1) Commercial passenger operations.
(2) Commercial cargo operations.
(3) Commercial, business, or nongovernment aircraft
operations for purposes not related to the missions of
the installation, except that this paragraph shall not
apply in exigent circumstances or prohibit use of the
airfield by or on behalf of any associated user which
is a tenant of the installation.
(4) As a reliever airport to relieve congestion at
other airports or to provide improved general aviation
access to the overall community, except that this
paragraph shall not apply in exigent circumstances.
(c) Limitation on Statutory Construction.--Nothing in this
section shall be construed to diminish or alter authorized uses
of the installation, including the military enclave that is
part thereof, by the United States or its agencies or
instrumentalities or to limit use of the property in exigent
circumstances.
(d) Definitions.--In this section, the following definitions
apply:
(1) Airfield.--The term ``airfield'' means the
airfield referred to in subsection (a).
(2) Associated users.--The term ``associated users''
means nongovernmental organizations and private
entities that use the airfield for purposes related to
the national defense, homeland security, and emergency
preparedness missions of the installation.
(3) Exigent circumstances.--The term ``exigent
circumstances'' means unusual conditions, including
adverse or unusual weather conditions, alerts, and
actual or threatened emergencies that are determined by
the installation to require limited-duration use of the
installation or its airfield for operations, including
flying operations, for uses otherwise restricted under
subsection (b).
(4) Commercial cargo operations.--The term
``commercial cargo operations'' means aircraft
operations by a commercial cargo or freight carrier in
cases in which cargo is delivered to or flown from the
installation under established schedules, except that
the term does not include any cargo operations
undertaken by or on behalf of any user of the
installation or cargo operations related to the
national defense, homeland security, and emergency
preparedness missions of the installation.
(5) Commercial passenger operations.--The term
``commercial passenger operations'' means aircraft
passenger operations by commercial passenger carriers
involving flights where passengers are boarded or
enplaned at the installation, except that the term does
not include passenger operations undertaken by or on
behalf of any user of the installation or passenger
operations related to the national defense, homeland
security, and emergency preparedness missions of the
installation.
(6) Installation.--The term ``installation'' means
the Joint Interagency Installation referred to in
subsection (a).
----------
52. An Amendment To Be Offered by Representative Bishop of Georgia, or
His Designee, Debatable for 10 Minutes
At the end of title VII, add the following new section:
SEC. 734. TRANSITIONAL HEALTH CARE FOR CERTAIN MEMBERS OF THE ARMED
FORCES WHO AGREE TO SERVE IN THE SELECTED RESERVE
OF THE READY RESERVE.
(a) Provision of Transitional Health Care.--Section
1145(a)(2) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(E) A member who is separated from active duty who
agrees to become a member of the Selected Reserve of
the Ready Reserve of a reserve component.''.
(b) Effective Date.--Subparagraph (E) of section 1145(a)(2)
of title 10, United States Code, as added by subsection (a),
shall apply with respect to members of the Armed Forces
separated from active duty after the date of the enactment of
this Act.
(c) Offset.--The amount in section 201(4) for research,
development, test, and evaluation, Defense-wide, is hereby
reduced by $22,000,000, to be derived from the Missile Defense
Agency.
----------
53. An Amendment To Be Offered by Representative Braley of Iowa, or His
Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII, insert the following
new section:
SEC. 12__. REPORT ON LONG-TERM COSTS OF OPERATION IRAQI FREEDOM AND
OPERATION ENDURING FREEDOM.
(a) Findings.--Congress finds the following:
(1) The United States has been engaged in military
operations in Afghanistan since October 2001 and in
military operations in Iraq since March 2003.
(2) According to the Congressional Research Service,
to date, Congress has appropriated $700,000,000,000
from fiscal year 2001 through fiscal year 2008 for the
Department of Defense, the State Department, and for
medical costs paid by the Department of Veterans
Affairs. This amount includes $526,000,000,000 for Iraq
and $140,000,000,000 for Afghanistan and other
counterterror operations. Among other expenditures,
this amount includes funding for combat operations;
deploying, transporting, feeding, and housing troops;
deployment of National Guard and Reserve troops; the
equipping and training of Iraqi and Afghani forces;
purchasing, upgrading, and repairing weapons, munitions
and other equipment; supplemental combat pay and
benefits; providing medical care to troops on active
duty and returning veterans; reconstruction and foreign
aid; and payments to other countries for logistical
assistance.
(3) Over 90 percent of Department of Defense funds
for operations in Iraq and Afghanistan have been
provided as emergency funds in supplemental or
additional appropriations.
(4) The Congressional Budget Office and the
Congressional Research Service have stated that future
war costs are difficult to estimate because the
Department of Defense has provided little detailed
information on costs incurred to date, does not report
outlays or actual expenditures for war because war and
baseline funds are mixed in the same accounts, and does
not provide information on many key factors which
determine costs, including personnel levels or the pace
of operations.
(5) To date, the administration has not provided any
long-term estimates of war costs, despite a statutory
reporting requirement that the President submit a cost
estimate for fiscal year 2006 through fiscal year 2011
that was enacted in 2004.
(6) Operating costs in Iraq and Afghanistan have been
increasing steadily since 2003, and war costs in Iraq
have sharply increased from $50,000,000,000 in 2003 to
approximately $134,000,000,000 for fiscal year 2007, to
the $154,000,000,000 request for fiscal year 2008.
(7) The Iraq Study Group Report states that, ``the
United States has made a massive commitment to the
future of Iraq in both blood and treasure,'' warns that
``the United States must expect significant `tail
costs' to come'', and predicts that ``Caring for
veterans and replacing lost equipment will run into the
hundreds of billions of dollars. Estimates run as high
as $2 trillion for the final cost of the U.S.
involvement in Iraq''.
(8) The Iraq Study Group Report also finds that
``This level of expense is not sustainable over an
extended period...''.
(9) The use of government contractors and private
military firms has reached unprecedented levels, with
over 100,000 contractors operating in Iraq.
(10) Over 1,600,000 American troops have served in
Afghanistan and Iraq since the beginning of the
conflicts.
(11) Over 4,050 United States troops and Department
of Defense civilian personnel have been killed in
Operation Iraqi Freedom, and over 490 United States
troops and Department of Defense civilian personnel
have been killed in Operation Enduring Freedom.
(12) National Guard and Reserve troops are being
deployed in support of these conflicts at unprecedented
levels.
(13) Many troops are serving multiple deployments,
and one-third of those serving in the Iraq war have
been deployed two or more times.
(14) Over 1,100 service members have suffered
amputations as a result of their service in Afghanistan
and Iraq.
(15) More than 100,000 Iraq and Afghanistan veterans
have been treated for mental health conditions.
(16) 52,000 Iraq and Afghanistan veterans have been
diagnosed with Post-Traumatic Stress Disorder.
(17) Nearly 37 percent of soldiers returning from
Iraq and Afghanistan have sought treatment at
Department of Veterans Affairs hospitals and clinics.
(18) Many troops have suffered multiple injuries,
with veterans claiming an average of five separate
conditions.
(19) The Independent Review Group on Rehabilitative
Care and Administrative Processes at Walter Reed Army
Medical Center and National Naval Medical Center
identified Traumatic Brain Injury, Post-Traumatic
Stress Disorder, increased survival of severe burns,
and traumatic amputations as the four signature wounds
of the current conflicts, and found that the ``numbers
of servicemembers surviving with...complex injuries
have challenged our modern military medical system and
exposed weakness and breakdowns in access to care, as
well as continuity of care management and follow-on
administrative processes''.
(20) The Independent Review Group report also states
that the recovery process ``can take months or years
and must accommodate recurring or delayed
manifestations of symptoms, extended rehabilitation and
all the life complications that emerge over time from
such trauma''.
(b) Report Requirement; Scenarios.--Not later than 90 days
after the date of the enactment of this Act, the President,
with contributions from the Secretary of Defense, the Secretary
of State, and the Secretary of the Department of Veterans
Affairs, shall submit a report to Congress containing an
estimate of the long-term costs of Operation Iraqi Freedom and
Operation Enduring Freedom. The report shall contain estimates
for the following scenarios:
(1) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom
is reduced from current levels to 30,000 by the
beginning of fiscal year 2010 and remains at that level
through fiscal year 2017.
(2) The number of personnel deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom
is reduced from current levels to 75,000 by the
beginning of fiscal year 2013 and remains at that level
through 2017.
(3) An alternative scenario, defined by the President
and based on current war plans, which takes into
account expected troop levels and the expected length
of time that troops will be deployed in support of
Operation Iraqi Freedom and Operation Enduring Freedom.
(c) Special Considerations.--The estimates required for each
scenario shall make projections through at least fiscal year
2068, shall be adjusted appropriately for inflation, and shall
take into account and specify the following:
(1) The total number of troops expected to be
activated and deployed to Iraq and Afghanistan during
the course of Operation Iraqi Freedom and Operation
Enduring Freedom. This number shall include all troops
deployed in the region in support of Operation Iraqi
Freedom and Operation Enduring Freedom and activated
reservists in the United States who are training,
backfilling for deployed troops, or supporting other
Department of Defense missions directly or indirectly
related to Operation Iraqi Freedom and Operation
Enduring Freedom. This number shall also break down
activations and deployments of Active Duty, Reservists,
and National Guard troops.
(2) The number of troops, including National Guard
and Reserve troops, who have served and who are
expected to serve multiple deployments.
(3) The number of contractors and private military
security firms that have been utilized and are expected
to be utilized during the course of the conflicts in
Iraq and Afghanistan.
(4) The number of veterans currently suffering and
expected to suffer from Post-Traumatic Stress Disorder,
Traumatic Brain Injury, or other mental injuries.
(5) The number of veterans currently in need of and
expected to be in need of prosthetic care and treatment
because of amputations incurred during Operation Iraqi
Freedom and Operation Enduring Freedom.
(6) The current number of pending Department of
Veterans Affairs claims from Iraq and Afghanistan
veterans, and the total number of Iraq and Afghanistan
veterans expected to seek disability compensation
benefits from the Department of Veterans Affairs.
(7) The total number of troops who have been killed
and wounded in Iraq and Afghanistan to date, including
noncombat casualties, the total number of troops
expected to suffer injuries in Iraq and Afghanistan,
and the total number of troops expected to be killed in
Iraq and Afghanistan, including noncombat casualties.
(8) Funding already appropriated for the Department
of Defense, the Department of State, and the Department
of Veterans Affairs for costs related to the wars in
Iraq and Afghanistan. This shall include an account of
the amount of funding from regular Department of
Defense, Department of State, and Department of
Veterans Affairs budgets that has gone and will go to
Iraq and Afghanistan.
(9) Current and future operational expenditures,
including funding for combat operations; deploying,
transporting, feeding, and housing troops (including
fuel costs); deployment of National Guard and Reserve
troops; the equipping and training of Iraqi and Afghani
forces; purchasing, upgrading, and repairing weapons,
munitions and other equipment; and payments to other
countries for logistical assistance.
(10) Past, current, and future cost of government
contractors and private military security firms.
(11) Average annual cost for each troop deployed in
support of Operation Iraqi Freedom and Operation
Enduring Freedom, including room and board, equipment
and body armor, transportation of troops and equipment
(including fuel costs), and operational costs.
(12) Current and future cost of combat-related
special pays and benefits, including reenlistment
bonuses.
(13) Current and future cost of activating National
Guard and Reserve forces and paying them on a full-time
basis.
(14) Current and future cost for reconstruction,
embassy operations and construction, and foreign aid
programs for Iraq and Afghanistan.
(15) Current and future cost of bases and other
infrastructure to support United States troops in Iraq
and Afghanistan.
(16) Current and future cost of providing healthcare
for returning veterans. This estimate shall include the
cost of mental health treatment for veterans suffering
from Post-Traumatic Stress Disorder and Traumatic Brain
Injury, and other mental problems as a result of their
service in Operation Iraqi Freedom and Operation
Enduring Freedom. This estimate shall also include the
cost of lifetime prosthetics care and treatment for
veterans suffering from amputations as a result of
their service in Operation Iraqi Freedom and Operation
Enduring Freedom.
(17) Current and future cost of providing Department
of Veterans Affairs disability benefits for lifetime of
veterans.
(18) Current and future cost of providing survivors'
benefits to survivors of service members.
(19) Cost of bringing troops and equipment home at
the end of the wars, including cost of demobilizing
troops, transporting troops home (including fuel
costs), providing transition services from active duty
to veteran status, transporting equipment, weapons, and
munitions (including fuel costs), and an estimate of
the value of equipment which will be left behind.
(20) Cost to restore the military and military
equipment, including the National Guard and National
Guard equipment, to full strength after the wars.
(21) Cost of the administration's plan to permanently
increase the Army and Marine Corps by 92,000 over the
next six years.
(22) Amount of money borrowed to pay for the wars in
Iraq and Afghanistan, and the sources of that money.
(23) Interest on borrowed money, including interest
for money already borrowed and anticipated interest
payments on future borrowing for the war in Iraq and
the war in Afghanistan.
----------
54. An Amendment To Be Offered by Representative Carney of
Pennsylvania, or His Designee, Debatable for 5 Minutes
Page 187, after the matter at the end of the page, add the
following (and make such technical and conforming changes as
may be appropriate):
SEC. 583. SENSE OF THE CONGRESS REGARDING HONOR GUARD DETAILS FOR
FUNERALS OF VETERANS.
It is the sense of the Congress that the Secretaries of the
military departments should, to the maximum extent practicable,
provide honor guard details for the funerals of veterans as is
required under section 1491 of title 10, United States Code, as
added by section 567(b) of Public Law 105-261 (112 Stat. 2030).
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x
55. An Amendment To Be Offered by Representative Ellsworth of Indiana,
or His Designee, Debatable for 10 Minutes
In the appropriate place in title VIII, insert the following:
SEC. 8__. REQUIREMENT FOR DEFENSE CONTRACT CLAUSE PROHIBITING CERTAIN
USES OF FOREIGN SHELL COMPANIES.
(a) Contract Clause Requirement.--Not later than 180 days
after the date of the enactment of this Act, the Federal
Acquisition Regulation shall be revised to require each
contract awarded by the Department of Defense to contain a
clause prohibiting the contractor from performing the contract
using a subsidiary or subcontractor that is a foreign shell
company if the foreign shell company will perform the work of
the contract or subcontract using United States citizens or
permanent residents of the United States.
(b) Foreign Shell Company.--In this section, the term
``foreign shell company'' means an entity--
(1) that is incorporated outside the United States or
Canada; and
(2) that does not manage, direct, or exercise
operational control over personnel performing work
under a contract of the entity.
(c) Applicability.--The contract clause required by this
section shall apply to contracts in amounts greater than the
simplified acquisition threshold (as defined in section 2302a
of title 10, United States Code) entered into after the 210-day
period beginning on the date of the enactment of this Act.
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56. An Amendment To Be Offered by Representative Hodes of New
Hampshire, or His Designee, Debatable for 20 Minutes
At the end of title X, add the following new section:
SEC. 1071. PROHIBITIONS RELATING TO PROPAGANDA.
(a) Prohibition.--No part of any funds authorized to be
appropriated in this or any other Act shall be used by the
Department of Defense for propaganda purposes within the United
States not otherwise specifically authorized by law.
(b) Reports.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the Department
of Defense and the Comptroller General of the United States
shall each conduct a study of, and submit to the Congress a
report on, the extent to which the Department of Defense has
violated the prohibition on propaganda established in section
8001 of Public Laws 107-117, 107-248, 108-87, 108-287, 109-148,
109-289, and 110-116, the Department of Defense Appropriations
Acts for fiscal years 2002 through 2008.
(c) Definition.--For purposes of this section, the term
``propaganda'' means any form of communication in support of
national objectives designed to influence the opinions,
emotions, attitudes, or behavior of the people of the United
States in order to benefit the sponsor, either directly or
indirectly.
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57. An Amendment To Be Offered by Representative Yarmuth of Kentucky,
or His Designee, Debatable for 10 Minutes
At the end of subtitle B of title XII of the bill, add the
following new section:
SEC. 12XX. DECLARATION OF POLICY RELATING TO STATUS OF FORCES
AGREEMENTS BETWEEN THE UNITED STATES AND IRAQ.
(a) Declaration of Policy.--It shall be the policy of the
United States to ensure that any agreement between the United
States and the Republic of Iraq relating to the legal status of
United States military personnel or the establishment of or
access to military bases includes as part of the agreement
measures requiring the provision of support by the Government
of Iraq for United States Armed Forces stationed in Iraq.
(b) Support Described.--Support referred to in subsection (a)
may include the provision of financial or other types of
support to assist United States Armed Forces stationed in Iraq
in the conduct of their assigned mission.
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58. An Amendment To Be Offered by Representative Foster of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of title XXXI, insert the following:
SEC. 3113. ENHANCING NUCLEAR FORENSICS CAPABILITIES.
(a) NNSA Fellowship Program for Graduate Students in Nuclear
Chemistry.--
(1) In general.--The Administrator for Nuclear
Security shall establish a fellowship program for
graduate students who are Ph.D. candidates in the field
of nuclear chemistry.
(2) Sense of congress.--It is the sense of Congress
that the fellowship program should--
(A) support at least six graduate students
per year; and
(B) require each graduate student to spend at
least two summers in a national security
laboratory over the course of the program.
(3) Funding.--Of the amounts appropriated pursuant to
an authorization of appropriations in this Act or
otherwise made available from amounts for weapons
activities from the National Nuclear Security
Administration for national technical nuclear forensics
for fiscal year 2009, $3,000,000 shall be available to
establish the fellowship program.
(4) Plan.--No later than February 1, 2009, the
Administrator shall submit to the congressional defense
committees a plan describing the costs of continuing
the program for fiscal year 2010 and thereafter.
(b) NNSA Research and Development Program on Nuclear
Forensics Radiation-Measurement Equipment.--
(1) In general.--The Administrator for Nuclear
Security shall carry out a research and development
program to improve the speed and accuracy of nuclear
forensics radiation-measurement equipment.
(2) Funding.--Of the amounts appropriated pursuant to
an authorization of appropriations in this Act or
otherwise made available from amounts for weapons
activities from the National Nuclear Security
Administration for national technical nuclear forensics
for fiscal year 2009, $2,000,000 shall be available to
carry out the research and development program.
(3) Plan.--No later than February 1, 2009, the
Administrator shall submit to the congressional defense
committees a plan for the research and development
program, including a description of the costs of
continuing the program for fiscal year 2010 and
thereafter.
(c) Research and Development Plan for Nuclear Forensics and
Attribution.--
(1) Research and development.--The Secretary of
Energy shall prepare a research and development plan to
prioritize research and development efforts in the
Department of Energy, and at the national laboratories
overseen by offices of the Department of Energy, on the
technical capabilities required--
(A) to enable a robust and timely nuclear
forensic response to a nuclear explosion or to
the interdiction of nuclear material or a
nuclear weapon anywhere in the world; and
(B) to develop an international database
containing data on nuclear material, to enable
the attribution of nuclear material or a
nuclear weapon to its source.
(2) Reports.--
(A) The Secretary of Energy shall submit to
the congressional defense committees--
(i) not later than 6 months after the
date of enactment of this Act, a report
on the contents of the research and
development plan described in paragraph
(1), and any legislative changes
required to implement the plan; and
(ii) not later than 18 months after
the date of enactment of this Act, a
report on the implementation status of
the plan.
(B) The Secretary shall submit each report
required by this subsection in unclassified
form, but may include a classified annex with
such report.
(d) Additional Information to Be Included in Report on
Nuclear Forensics Capabilities.--Section 3129(b) of the
National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 122 Stat. 585) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the
end and inserting ``; and''; and
(3) by adding at the end the following:
``(4) any legislative, regulatory, or treaty actions
necessary to facilitate international cooperation in
enhancement of international nuclear-material databases
and the linking of those databases to enable prompt
data access.''.
(e) Report on Nuclear Forensics Advisory Panel.--
(1) Establishment.--The Secretary of Defense, in
consultation with the Secretary of Energy and the
Secretary of Homeland Security, shall submit a report
describing a joint recommendation for establishing an
independent Nuclear Forensics Advisory Panel of
recognized experts not directly associated with the
Federal laboratories.
(2) Role of independent panel.--The function of such
an independent panel should be to provide independent
validation of any Federal nuclear forensics analysis.
(3) Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretaries referred
to in paragraph (1) shall submit a report on the
structure and membership of the panel required by that
paragraph. The report shall be submitted to--
(A) the Committee on Appropriations,
Committee on Armed Services, and Committee on
Homeland Security of the House of
Representatives; and
(B) the Committee on Appropriations,
Committee on Armed Services, and Committee on
Homeland Security and Government Affairs of the
Senate.
(f) Presidential Report on Involvement of Senior-Level
Executive Branch Leadership in Certain Exercises That Include
Nuclear Forensics Analysis.--Not later than 90 days after the
date of the enactment of this Act, the President shall submit a
report on the involvement of senior-level executive branch
leadership in planned nuclear terrorism preparedness exercises
that have nuclear forensics analysis as a component of the
exercise. The report shall be submitted to--
(1) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Homeland Security
of the House of Representatives; and
(2) the Committee on Appropriations, the Committee on
Armed Services, and the Committee on Homeland Security
and Government Affairs of the Senate.