Congressional Record, Volume 156 Issue 82 (Thursday, May 27, 2010)

[Congressional Record Volume 156, Number 82 (Thursday, May 27, 2010)]
[House]
[Pages H4064-H4077]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2011

The SPEAKER pro tempore. Pursuant to House Resolution 1404 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the state of the Union for the further consideration of the bill,
H.R. 5136.

{time} 2218

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the state of the Union for the further consideration of
the bill (H.R. 5136) to authorize appropriations for fiscal year 2011
for military activities of the Department of Defense, to prescribe
military personnel strengths for such fiscal year, and for other
purposes, with Mr. Schrader (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose earlier today,
amendment No. 47 offered by the gentleman from Maryland (Mr. Sarbanes)
had been disposed of.

Amendments En Bloc No. 8 Offered by Mr. Skelton

Mr. SKELTON. Mr. Chairman, pursuant to House Resolution 1404, I offer
amendments en bloc No. 8.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 8 offered by Mr. Skelton consisting of
amendments numbered 56, 58, 59, 65, 69, 71, 76, and 78 printed in House
Report 111-498:

Amendment No. 56 offered by Mrs. Dahlkemper of Pennsylvania

The text of the amendment is as follows:

Page 122, after line 18, insert the following:

SEC. 359. AUTHORITY TO MAKE EXCESS NONLETHAL SUPPLIES
AVAILABLE FOR DOMESTIC EMERGENCY ASSISTANCE.

(a) Domestic Authority.--Section 2557 of title 10, United
States Code, is amended--
(1) in subsection (a)(1), by adding at the end the
following new sentence: ``In addition, the Secretary may make
nonlethal excess supplies of the Department available to
support domestic emergency assistance activities.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' before ``Excess''; and
(B) by adding at the end the following new paragraph:
``(2) Excess supplies made available under this section to
support domestic emergency assistance activities shall be
transferred to the Secretary of Homeland Security. The
Secretary of Defense may provide assistance in the
distribution of such supplies at the request of the Secretary
of Homeland Security.''.
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:

``Sec. 2557. Excess nonlethal supplies: availability for
humanitarian relief, domestic emergency assistance, and
homeless veterans assistance''.

(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 152 of
such title is amended to read as follows:

``2557. Excess nonlethal supplies: availability for humanitarian
relief, domestic emergency assistance, and homeless
veterans assistance.''.

Amendment No. 58 offered by Mrs. Kirkpatrick of Arizona

The text of the amendment is as follows:

Page 122, after line 18, insert the following:

SEC. 359. RECOVERY OF MISSING DEPARTMENT OF DEFENSE PROPERTY.

(a) In General.--Section 2789 of title 10, United States
Code, is amended to read as follows:

``Sec. 2789. Recovery of Department of Defense property:
unauthorized or improper disposition

``(a) Prohibitions.--No member of the armed forces,
civilian employee of the Government, employee or agent of a
contractor, or any other person may sell, lend, pledge,
barter, give, transfer, or otherwise dispose of any clothing,
arms, articles, equipment, or any other military or
Department of Defense property--
``(1) to any person not authorized to receive the property
in accordance with applicable requirements established by the
Department of Defense or a component thereof; or
``(2) in violation of applicable demilitarization
regulations of the Department of Defense or a component
thereof.
``(b) Seizure of Improperly Disposed of Property.--If a
member of the armed forces, civilian employee of the
Government, employee or agent of a contractor, or any other
person has improperly disposed of military or Department of
Defense property in violation of subsection (a), any civil or
military officer of the United States or any State or local
law enforcement official may seize the property, wherever
found. Title to military or Department of Defense property
disposed of in violation of subsection (a) remains with the
United States. Possession of such property by a person who is
neither a member of the armed forces nor an official of the
United States is prima facie evidence that the property has
been disposed of in violation of subsection (a).
``(c) Delivery of Seized Property.--Any official who seizes
property under subsection (b) and is not authorized to retain
it for the United States shall immediately deliver the
property to an authorized member of the armed forces or other
authorized official of the Department of Defense or the
Department of Justice.
``(d) Retroactive Enforcement Authorized.--This section
shall apply to any military or Department of Defense property
which was the subject of unauthorized disposition any time
after January 1, 2002. This section shall apply to
significant military equipment which was the subject of
unauthorized disposition at any time.
``(e) Severability Clause.--In the event that any portion
of this section is held unenforceable, all other portions of
this section shall remain in full force and effect.
``(f) Definition.--In this section, the term `significant
military equipment' means defense articles on the United
States Munitions List for which special export controls are
warranted because of their capacity for substantial military
utility or capability.''.
(b) Clerical Amendment.--The item relating to such section
in the table of sections at

[[Page H4065]]

the beginning of chapter 165 of such title is amended to read
as follows:

``2789. Recovery of Department of Defense property: unauthorized or
improper disposition.''.

Amendment No. 59 offered by Ms. Kosmas of Florida

The text of the amendment is as follows:

Page 99, after line 23, insert the following:

SEC. 336. STUDY AND REPORT ON FEASIBILITY OF JOINT USAGE OF
THE NASA SHUTTLE LOGISTICS DEPOT.

(a) Study.--The Secretary of Defense, in conjunction with
the Administrator of the National Aeronautics and Space
Administration, shall conduct a study of the feasibility of
joint usage of the National Aeronautics and Space
Administration Shuttle Logistics Depot in Cape Canaveral,
Florida, to supplement requirements for products and services
in support of reset initiatives, Advanced Technology
Clusters, engineering and reverse engineering analysis, and
development of innovative technology and processes to improve
product procurement and reduce risk, cost, and cycle time of
system delivery.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
committees on Armed Services of the Senate and House of
Representatives a report on the study required under
subsection (a).

Amendment No. 65 offered by Mr. Perriello of Virginia

The text of the amendment is as follows:

Page 92, after line 24, insert the following:

SEC. 326. TREATMENT OF EMPLOYER CONTRIBUTIONS TO HEALTH
BENEFITS AND RETIREMENT PLANS FOR PURPOSES OF
COST-COMPARISONS OF CONTRACTOR AND CIVILIAN
EMPLOYEE PERFORMANCE OF DEPARTMENT OF DEFENSE
FUNCTIONS.

Section 2463 of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (f):
``(f) Treatment of Contributions to Health and Retirement
Plans.--For purposes of conducting a cost comparison to
determine whether to convert a function from contractor
performance to performance by Department of Defense civilian
employee, the costs of employer contributions made by the
Department of Defense or by a contractor towards employer-
sponsored health benefits and retirement benefits plans shall
not be considered unless, in the case of such contributions
made by a contractor, the contractor does not receive an
advantage for reducing costs for the Department of Defense
by--
``(1) not making an employer-sponsored health insurance
plan available to the contractor employees who perform the
function under the contract;
``(2) offering to such employees an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the
amount that is paid by the Federal Government for health
benefits for civilian employees under chapter 89 of title 5,
United States Code; or
``(3) offering to such employees a retirement benefit that,
in any year, costs less than the annual retirement cost
factor applicable to Federal employees under chapter 84 of
title 5, United States Code.''.

Amendment No. 69 offered by Ms. Titus of Nevada

The text of the amendment is as follows:

At the end of subtitle G of title VI, add the following new
section:

SEC. 674. FLEXIBLE COMMENCEMENT DATES FOR AVAILABILITY OF
HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED
FORCES PERMANENTLY REASSIGNED DURING MORTGAGE
CRISIS.

(a) Modification of Reassignment, Purchase, and Sale
Dates.--Subsection (a)(3) of section 1013 of the
Demonstration Cities and Metropolitan Development Act of 1966
(42 U.S.C. 3374) is amended--
(1) in subparagraph (C), by striking ``or an earlier end
date designated by the Secretary'' and by inserting ``or an
earlier start or end date designated by the Secretary under
subsection (c)(3)(C) for a specific military base or
installation'';
(2) in subparagraph (D), by inserting ``, or a later
purchase date designated by the Secretary under subsection
(c)(3)(C) for a specific military base or installation''
after ``July 1, 2006''; and
(3) in subparagraph (E), by striking ``between July 1,
2006, and September 30, 2012, or an earlier end date
designated by the Secretary'' and inserting ``between the
purchase date in effect for the military base or installation
under subparagraph (D) and the end date in effect for the
military base or installation under subparagraph (D)''.
(b) Modification Process.--Subsection (c)(3) of such
section is amended by adding at the end the following new
subparagraph:
``(C) Modification of reassignment, purchase, and sale
dates.--In exercising the authority under subsection (a)(3)
to designate different reassignment, purchase, and sale dates
for a specific military base or installation, the Secretary
of Defense shall consult with the Secretary of Housing and
Urban Development and the Secretary of the Treasury regarding
the condition of housing markets in the area of the base or
installation so that the Secretary of Defense has the
information needed to effectively assist members of the Armed
Forces and their families.''.

Amendment No. 71 offered by Mr. Critz of Pennsylvania

The text of the amendment is as follows:

At the end of subtitle F of title III, insert the
following:

SEC. 3__. AUTHORITY FOR PAYMENT OF FULL REPLACEMENT VALUE FOR
LOSS OR DAMAGE TO HOUSEHOLD GOODS IN LIMITED
CASES NOT COVERED BY CARRIER LIABILITY.

(a) Claims Authority.--
(1) In general.--Chapter 163 of title 10, United States
Code, is amended by adding at the end the following new
section:

``Sec. 2740. Property loss: reimbursement of members and
civilian employees for full replacement value of household
effects when contractor reimbursement not available

``The Secretary of Defense and the Secretaries of the
military departments, in paying a claim under section 3721 of
title 31 arising from loss or damage to household goods
stored or transported at the expense of the Department of
Defense, may pay the claim on the basis of full replacement
value in any of the following cases in which reimbursement
for the full replacement value for the loss or damage is not
available directly from a carrier under section 2636a of this
title:
``(1) A case in which--
``(A) the lost or damaged goods were stored or transported
under a contract, tender, or solicitation in accordance with
section 2636a of this title that requires the transportation
service provider to settle claims on the basis of full
replacement value; and
``(B) the loss or damage occurred under circumstances that
exclude the transportation service provider from liability.
``(2) A case in which--
``(A) the loss or damage occurred while the lost or damaged
goods were in the possession of an ocean carrier that was
transporting, loading, or unloading the goods under a
Department of Defense contract for ocean carriage; and
``(B) the land-based portions of the transportation were
under contracts, in accordance with section 2636a of this
title, that require the land carriers to settle claims on the
basis of full replacement value.
``(3) A case in which--
``(A) the lost or damaged goods were transported or stored
under a contract or solicitation that requires at least one
of the transportation service providers or carriers that
handled the shipment to settle claims on the basis of full
replacement value pursuant to section 2636a of this title;
``(B) the lost or damaged goods have been in the custody of
more than one independent contractor or transportation
service provider; and
``(C) a claim submitted to the delivering transportation
service provider or carrier is denied in whole or in part
because the loss or damage occurred while the lost or damaged
goods were in the custody of a prior transportation service
provider or carrier or government entity.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``2740. Property loss: reimbursement of members and civilian employees
for full replacement value of household effects when
contractor reimbursement not available.''.

(b) Effective Date.--Section 2740 of title 10, United
States Code, as added by subsection (a), shall apply with
respect to losses incurred after the date of the enactment of
this Act.

Amendment No. 76 offered by Mr. Connolly of Virginia

The text of the amendment is as follows:

Page 465, after line 23, add the following:

SEC. 1110. FEDERAL INTERNSHIP PROGRAMS.

(a) In General.--Subchapter I of chapter 31 of title 5,
United States Code, is amended by inserting after section
3111 the following:

``Sec. 3111a. Federal internship programs

``(a) Internship Coordinator.--The head of each agency
operating an internship program shall appoint an individual
within such agency to serve as an internship coordinator.
``(b) Online Information.--
``(1) Agencies.--The head of each agency operating an
internship program shall make publicly available on the
Internet--
``(A) the name and contact information of the internship
coordinator for such program; and
``(B) information regarding application procedures and
deadlines for such internship program.
``(2) Office of personnel management.--The Office of
Personnel Management shall make publicly available on the
Internet links to the websites where the information
described in paragraph (1) is displayed.
``(c) Centralized Database.--The Office shall establish and
maintain a centralized electronic database that contains the
names, contact information, and relevant skills of
individuals who have completed or are nearing completion of
an internship program and are currently seeking full-time
Federal employment.
``(d) Exit Interview Requirement.--The agency operating an
internship program

[[Page H4066]]

shall conduct an exit interview of each intern that completes
such program.
``(e) Report.--
``(1) In general.--The head of each agency operating an
internship program shall annually submit to the Office a
report assessing such internship program.
``(2) Contents.--Each report required under paragraph (1)
for an agency shall include, for the 1-year period ending on
September 1 of the year in which the report is submitted--
``(A) the number of interns that participated in an
internship program at such agency;
``(B) information regarding the demographic characteristics
of interns at such agency, including educational background;
``(C) a description of the steps taken by such agency to
increase the percentage of interns who are offered permanent
Federal jobs and the percentage of interns who accept the
offers of such jobs, and any barriers encountered;
``(D) a description of activities engaged in by such agency
to recruit new interns, including locations and methods;
``(E) a description of the diversity of work roles offered
within internship programs at such agency;
``(F) a description of the mentorship portion of such
internship programs; and
``(G) a summary of exit interviews conducted by such agency
upon completion of an internship program by an intern.
``(3) Submission.--Each report required under paragraph (1)
shall be submitted to the Office between September 1 and
September 30 of each year. Not later than December 30 of each
year, the Office shall submit to Congress a report
summarizing the information submitted to the Office in
accordance with paragraph (1) for such year.
``(f) Definitions.--For purposes of this section--
``(1) the term `internship program' means--
``(A) a volunteer service program under section 3111(b);
and
``(B) the Student Educational Employment Program
established under section 213.3202 of title 5, Code of
Federal Regulations, as in effect on January 1, 2009;
``(2) the term `intern' means an individual serving in an
internship program.''.
(b) Clerical Amendment.--The table of sections for chapter
31 of title 5, United States Code, is amended by inserting
after the item relating to section 3111 the following:

``3111a. Federal internship programs.''.

Amendment No. 78 offered by Mr. Grayson of Florida

The text of the amendment is as follows:

At the end of title VIII, add the following new section:

SEC. 839. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER
THAN COST OR PRICE AS THE PREDOMINATE FACTORS
IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE
PROCUREMENT CONTRACTS.

(a) Requirement.--Subparagraph (A) of section 2305(a)(2) of
title 10, United States Code, is amended--
(1) by striking ``and'' at the end of clause (i); and
(2) by inserting after clause (ii) the following new
clause:
``(iii) in the case of a solicitation in which factors
other than cost or price when combined are more important
than cost or price, the reasons why assigning at least equal
importance to cost or price would not better serve the
Government's interest; and''.
(b) Report.--Section 2305(a)(3) of such title is amended by
adding at the end the following new subparagraph:
``(C) Not later than 180 days after the end of each fiscal
year, the Secretary of Defense shall submit to Congress, and
post on a publicly available website of the Department of
Defense, a report describing the solicitations for which a
statement pursuant to paragraph (2)(A)(iii) was included.''.

The Acting CHAIRMAN. Pursuant to House Resolution 1404, the gentleman
from Missouri (Mr. Skelton) and the gentleman from California (Mr.
McKeon) each will control 10 minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the
amendments en bloc, all of which have been examined by both the
majority and the minority.
Mr. Chairman, I yield 3 minutes to my friend and colleague, the
gentleman from Iowa (Mr. Boswell).
(Mr. BOSWELL asked and was given permission to revise and extend his
remarks.)
Mr. BOSWELL. Mr. Chairman, I rise to support the en bloc amendments,
of course.
When we did this in committee last week, I was called to the floor
and I didn't get to talk about the little item I had in there to do
with a study on breast cancer in women soldiers. It passed. I am proud
of that, and I want to thank you for it. I want to thank the ranking
member as well. But it occurs to me we need to talk about this just a
little bit.
I stand before you as a person that a surgeon told me what I went
through was Agent Orange, but we didn't do anything about it until way
down the line.
I have a lady veteran in my office that went to a reunion after Iraq.
In that small group, five of the women got breast cancer, and they had
no connection to anything else in their lives.
I feel like that we can't just let this go. Fifteen percent of our
force is women. It is going to be 20 percent in a short time. We have
to do some things different. So I appreciate the fact that we have
asked the Department of Defense to take a look at this and see if it is
something they will study.
I don't want it to be another Agent Orange. I hope it won't. But I am
very adamant about supporting the troops, you know that, you know my
history, and I am not going to ever back off from that. We have to do
all the things we have to do.
But the women of the United States Armed Forces deserve some special
attention in this, and I think that we ought to give some serious
thought as we go into the future, maybe the very near future, to give
this consideration beyond what we have done.
My intuition tells me that this is important. What checking we have
done, there seems to be a problem, and we ought to get to the bottom of
it as fast as we can for the sake of these outstanding women that serve
in our Armed Forces.
For one little reunion, to find out that five women soldiers are
afflicted, is kind of a startling thing. It needs some attention, and I
just would hope that as we go forth, in the time ahead, that we will
make the effort to be sure that this is looked into, and we don't look
back a few years from now, like we have on Agent Orange, and say oh,
my, I wish we had known. It won't cost us that much to find out when we
decide to do it, and I hope we decide to do it relatively soon.
Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition to
the amendment, although I am not opposed to the amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 10 minutes.
There was no objection.
Mr. McKEON. I reserve the balance of my time.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend the
gentleman from Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I rise in support of this amendment and for purposes
of engaging in a colloquy with the gentleman from Maryland to clarify
the intent of his amendment regarding the Army's M915 truck program.
I would yield to the gentleman.
Mr. BARTLETT. I thank the gentleman from Oregon for the opportunity
to clarify my amendment on the M915 truck program.
It was my intent to submit a request for unanimous consent to
consider a revised version of my original amendment that had been made
in order by the Rules Committee. In fact, I read the revised version
into the official record.
The revised amendment only encourages the Secretary of the Army to
consider full and open competition for future M915 truck procurements
beginning in fiscal year 2012. The revised amendment also requires the
Secretary of the Army to provide possible courses of action if it helps
to accelerate meeting the Army's current requirement for M915 trucks.
Mr. BLUMENAUER. Reclaiming my time, I want to thank the gentleman for
his remarks and clarification of the amendment. I want to acknowledge
that the M915 truck program is a critical asset to the United States
Army Reserves, and note the current M915 truck program is on cost and
schedule and meets all performance requirements.
Mr. Bartlett, would you be willing to work with me on this critical
issue during your conference deliberations with the Senate regarding
H.R. 5136, the National Defense Authorization Act for Fiscal Year 2011?
Mr. BARTLETT. As we proceed to conference with the other body, I
would welcome the opportunity to work with the gentleman from Oregon on
this critical issue.
Mr. BLUMENAUER. I thank the gentleman. I appreciate the clarification
and look forward to working with you.
Mr. McKEON. I continue to reserve.
Mr. SKELTON. Mr. Chairman, I yield 1 minute to my colleague, the
gentleman from Virginia (Mr. Connolly).

[[Page H4067]]

Mr. CONNOLLY of Virginia. Mr. Chairman, I thank Chairman Skelton for
the opportunity to offer this amendment to improve Federal internship
programs, and his staff for their collaboration on the text before us.
The Federal Government faces a daunting challenge in recruiting and
retaining the workforce of the future. We actually have a desultory
record in terms of student internship programs and their retention rate
when compared to the private sector. I believe this amendment will
systematize that program, will set some standards that all Federal
agencies have to meet, and a reporting requirement that will give the
Congress the information it needs in moving forth.
I urge my colleagues to support this amendment.
Mr. McKEON. I continue to reserve.
Mr. SKELTON. I yield 2 minutes to my friend the gentleman from
California (Mr. Daniel E. Lungren).
Mr. DANIEL E. LUNGREN of California. Thank you very much, Mr.
Chairman.
I rise for the purpose of a colloquy with the chairman concerning
amendment No. 15 introduced by the gentleman from Florida. I would ask
the chairman to confirm that the amendment does not envision any
shortcuts in the process of checking the background of any Iraqi
nationals applying to come to the United States, nor does it ask for a
shortcut in any process designed to protect American national security.
Mr. SKELTON. That is correct. The amendment is simply asking for a
plan to speed up the process, as appropriate. The sponsor of the
amendment believes, as do I, that all appropriate security and
background checks must be carried out in the right way to best protect
our national security.
Mr. DANIEL E. LUNGREN of California. I thank the chairman for that
clarification.
Mr. McKEON. I continue to reserve.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend the
gentlewoman from Nevada (Ms. Titus).
Ms. TITUS. I thank the chairman.
The purpose of this amendment is to provide the Secretary of Defense
the flexibility to change the effective date of the Homeowners
Assistance Program for members of the Armed Forces permanently
reassigned during the mortgage crisis. The program, as approved by
Congress last year, allows active-duty servicemembers to be partially
reimbursed for losses occurring as a result of having to sell their
home upon being reassigned. Under current law, a servicemember must
have purchased his or her home before July 1, 2006, in order to qualify
for assistance.
My congressional district is home to a number of servicemembers from
Nellis Air Force Base and the Remotely Piloted Aircraft Program at
Creech Air Force Base.

{time} 2230

Many of these armed servicemembers were assigned to southern Nevada
at the height of the housing boom when prices were fueled by out-of-
control and reckless speculators. They, and others around the country,
purchased homes at what was then a fair market price. Now, due to no
fault of their own, however, many of these homes have lost a
significant amount of their value. A problem arises because
servicemembers are now receiving Permanent Change of Station orders and
are being reassigned to a new area.
A number of servicemembers from around the world have contacted us
saying that this date, July 1, 2006, was set too early to achieve the
intended goals of the program. Accordingly, our amendment provides the
necessary flexibility to the Secretary of Defense to change this date
in specific geographic areas where housing price declines trended
behind the national average.
It's important to keep in mind that most of these servicemembers had
no choice in the timing of their transfer and relocation and are,
therefore, unintended victims of the arbitrary deadline.
This amendment is modeled after legislation introduced in December,
which had 27 bipartisan cosponsors. It's also been endorsed by a number
of military family organizations who recognize its importance.
I thank Chairman Skelton for his support in working with me, and I
urge our colleagues to vote for the amendment.
The Acting CHAIR. Without objection, the gentleman from New Jersey
will control the time.
There was no objection.
Ms. KOSMAS. Mr. Chair, I rise today in support of my amendment to
enable the Department of Defense and NASA cooperation in the
utilization of a unique strategic capability. The NASA Shuttle
Logistics Depot (NSLD) employs approximately 300 highly-skilled workers
who service and fabricate about 700 individual pieces of shuttle
hardware, including avionics, cargo bay hydraulics, and cockpit
windows.
Due to the scheduled ending of the shuttle program later this year or
early next year, the Space Coast is facing the loss of up to 10,000
direct jobs. As part of an effort to maintain this unique workforce,
the NSLD has partnered with DoD on several pilot projects, including
the fabrication of M2 50 Caliber Machine Gun parts and F-16 wing spar
attach fittings, in an effort to diversify work, maintain the unique
skills and capabilities, and fulfill DoD needs.
In order to allow this important work to go forward, my amendment
would direct DoD and NASA to conduct a study on the feasibility of
joint usage of the NSLD so that the military can utilize its unique
capabilities such as engineering and reverse-engineering analysis and
development of innovative manufacturing techniques. The facility could
also take part in developing innovative technology and processes to
improve product procurement and reduce risk, cost, and cycle time of
system delivery.
I urge the adoption of this important amendment in order to enable
the continued utilization of this unique capability.
Mr. ANDREWS. Mr. Chairman, I would advise my friend on the other side
we have no further speakers, so I will yield back the balance of my
time.
Mr. McKEON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Missouri (Mr. Skelton).
The amendments en bloc were agreed to.

Amendment No. 68 Offered by Mr. Teague

The Acting CHAIR. It is now in order to consider amendment No. 68
printed in House Report 111-498.
Mr. TEAGUE. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 68 offered by Mr. Teague:
Page 219, after line 5, insert the following:

SEC. 599. INCREASE OF MAXIMUM AGE FOR CHILDREN ELIGIBLE FOR
MEDICAL CARE UNDER CHAMPVA PROGRAM.

(a) Increase.--Section 1781(c) of title 38, United States
Code, is amended--
(1) by striking ``twenty-three'' and inserting ``twenty-
six''; and
(2) by striking ``twenty-third birthday'' and inserting
``twenty-sixth birthday''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to medical care provided on or after
the date of the enactment of this Act.

The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman
from New Mexico (Mr. Teague) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Mexico.
Mr. TEAGUE. Mr. Chairman, I rise today to offer this amendment to
increase the maximum age for children eligible for medical care under
the CHAMPVA program.
My amendment will ensure that our disabled veterans benefit from one
of the most popular provisions of the Patient Protection and Affordable
Care Act, allowing dependents to stay on the parents' health care
insurance until age 26.
CHAMPVA is the health insurance program for dependents of veterans
who have been rated permanently and totally disabled and surviving
dependents of servicemembers whose deaths were due to service-connected
injuries. Currently, under CHAMPVA, health insurance coverage can be
provided to dependent children up to the age of 23. Under the PPACA
that was signed into law earlier this year, individuals with private
health insurance will be able to provide coverage to their dependent
children up to the age of 26. CHAMPVA is a Department of Veterans
Affairs program and governed by a different section of the United
States code. It was not altered by the PPACA. As such, the maximum age
for dependent children under CHAMPVA remains 23.
Our disabled veterans have sacrificed so much for our country, and it
is our duty to make sure that they and their families have access to
quality affordable health care. This amendment

[[Page H4068]]

would amend title 38 to increase the maximum age for coverage of
dependent children under CHAMPVA from 23 to 26. At the very least, we
must provide these heroes with the same health insurance benefits
afforded civilians.
We should correct this wrong immediately. We should do what's right
for our veterans. Vote ``yes'' on this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I claim time in opposition, but I do not
oppose the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. McKEON. I do not oppose the amendment; in fact, I support the
amendment, and I thank the gentleman for taking care of this problem.
I reserve the balance of my time.
Mr. ANDREWS. Will the gentleman yield?
Mr. TEAGUE. I yield to the gentleman from New Jersey.
Mr. ANDREWS. Mr. Chairman, I thank the gentleman for offering this
outstanding amendment. Our side of the committee strongly supports it.
We think it does a great deal of good for some great heroes. We would
urge a ``yes'' vote.
Mr. McKEON. Mr. Chairman, I yield back the balance of my time.
Mr. TEAGUE. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New Mexico (Mr. Teague).
The amendment was agreed to.

Amendment No. 81 Offered by Ms. Shea-Porter

The Acting CHAIR. It is now in order to consider amendment No. 81
printed in House Report 111-498.
Ms. SHEA-PORTER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 81 offered by Ms. Shea-Porter:
At the end of title VIII, add the following new section:

SEC. 839. PENALTIES ON CONTRACTORS NOT PROVIDING INFORMATION
TO DATABASES ON CONTRACTS IN IRAQ AND
AFGHANISTAN.

Section 861 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110-181; 10 U.S.C. 2302 note) is
amended by adding at the end the following new subsection:
``(e) Penalties.--Any contract in Iraq or Afghanistan
entered into or modified after September 1, 2011, shall
include a clause requiring the imposition of a penalty, by
the department or agency awarding the contract, on any
contractor that does not comply with requirements under this
section, including requirements in the memorandum of
understanding required by subsection (a), to provide
information for the common databases identified under
subsection (b)(4), including updating the information
required. The penalty shall consist of the withholding of
award and incentive fees.''.
Page 304, line 15, strike ``and''.
Page 304, line 21, strike the period and insert ``; and''.
Page 304, after line 21, insert the following:
``(C) the penalties, if any, imposed by the departments and
agency on contractors for failing to comply with requirements
under section 861(e), including requirements to provide
information for the common databases identified under section
861(b)(4).

The Acting CHAIR. Pursuant to House Resolution 1404, the gentlewoman
from New Hampshire (Ms. Shea-Porter) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from New Hampshire.
Ms. SHEA-PORTER. Mr. Chair, I yield myself such time as I may
consume.
Mr. Chair, for too long the American people have been the victims of
theft and fraud by contractors working in Iraq and Afghanistan. Over
the past few years, Congress has taken steps to rein these contractors
in. One of these steps was to create a database to keep information on
these contractors and their subcontractors. Unfortunately, Mr. Chair,
they are not entering the information.
My amendment would impose a penalty on those contractors that do not
comply with the requirement to report this contract information. Their
noncompliance prevents oversight agencies from conducting proper audits
and investigations. Therefore, it prevents these agencies from
uncovering waste and contract fraud. We cannot protect taxpayer dollars
from theft if we can't follow the money.
Just this week, a witness before the Commission on Wartime
Contracting said that the contracting environment in our overseas
operations was highly vulnerable to fraud. The GAO recently reported
that Federal agencies face difficult challenges in tracking and
overseeing contractor personnel and contracts.
We have been using contractors in both wars for 9 years now. The
scale of waste and contract fraud is enormous, and the criminal
activity is diverse: fraud, bribery, kickbacks, extortion,
embezzlement, theft of cash or equipment, etc cetera. But we have not
given our Federal agencies all the tools they need to catch these bad
actors. We often don't even know who we are doing business with.
This amendment will penalize contractors who do not comply with the
reporting requirements. Taxpayers are spending billions of dollars in
Iraq and Afghanistan. They deserve accountability.
I urge my colleagues to support this amendment and the underlying
bill.
Mr. Chairman, I reserve the balance of my time.
Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition;
however, I do not oppose the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. McKEON. I will support the amendment.
I yield back the balance of my time.
Mr. ANDREWS. Will the gentlelady yield?
Ms. SHEA-PORTER. I yield to the gentleman from New Jersey.
Mr. ANDREWS. I'd like to, on behalf of the committee, thank the
gentlelady for crafting this amendment. I think it's an invaluable tool
for our investigators and, if necessary, prosecutors, to track down
fraud, protect our servicemembers, and protect the taxpayers. So we're
very happy to support this very worthy amendment.
Ms. SHEA-PORTER. Mr. Chair, I want to thank Chairman Skelton for his
continued work and leadership on this bill. I urge my colleagues to
support this amendment and the underlying bill, and I yield back the
remainder of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from New Hampshire (Ms. Shea-Porter).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. SHEA-PORTER. Mr. Chair, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from New
Hampshire will be postponed.

{time} 2240

Amendments En Bloc No. 9 Offered By Mr. Skelton

Mr. SKELTON. Mr. Chairman, pursuant to House Resolution 1404, I offer
amendments en bloc No. 9, including modifications to amendment No. 32.
The Acting CHAIR. The Clerk will designate the amendments en bloc.
Amendments en bloc No. 9 offered by Mr. Skelton consisting of
amendments numbered 8, 15, 30, 32, 55, 61, 64, 66, 67, 74, and 77
printed in House Report 111-498:

Amendment No. 8 Offered by Mr. Courtney of Connecticut

The text of the amendment is as follows:

SEC. 599(A). TRANSFER OF TROOPS-TO-TEACHERS PROGRAM FROM
DEPARTMENT OF EDUCATION TO DEPARTMENT OF
DEFENSE.

(a) Transfer of Functions.--
(1) Transfer.--The responsibility and authority for
operation and administration of the Troops-to-Teachers
Program in chapter A of subpart 1 of part C of title II of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
6671 et seq.), is transferred from the Secretary of Education
to the Secretary of Defense.
(2) Effective date.--The transfer under paragraph (1) shall
take effect on the first day of the first month beginning
more than 180 days after the date of the enactment of this
Act, or on such earlier date as the Secretary of Education
and the Secretary of Defense may jointly provide.
(b) Enactment of Program Authority in Title 10, United
States Code.--
(1) In general.--Chapter 58 of title 10, United States
Code, is amended by adding at the end the following new
section:

[[Page H4069]]

``Sec. 1154. ASSISTANCE TO ELIGIBLE MEMBERS AND FORMER
MEMBERS TO OBTAIN EMPLOYMENT AS TEACHERS:
TROOPS-TO-TEACHERS PROGRAM

``(a) Definitions.--In this section:
``(1) Program.--The term `Program' means the Troops-to-
Teachers Program authorized by this section.
``(2) Member of the armed forces.--The term `member of the
armed forces' includes a former member of the armed forces.
``(3) Charter school.--The term `charter school' has the
meaning given that term in section 5210 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7221i).
``(4) Additional terms.--The terms `elementary school',
`highly qualified teacher', `local educational agency',
`secondary school', and `state' have the meanings given those
terms in section 9101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
``(b) Program Authorization.--The Secretary may carry out a
program (to be known as the `Troops-to-Teachers Program')--
``(1) to assist eligible members of the armed forces
described in subsection (d) to obtain certification or
licensing as elementary school teachers, secondary school
teachers, or vocational or technical teachers, and to become
highly qualified teachers; and
``(2) to facilitate the employment of such members--
``(A) by local educational agencies or public charter
schools that the Secretary of Education identifies as--
``(i) receiving grants under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6301 et. seq.) as a result of having within their
jurisdictions concentrations of children from low-income
families; or
``(ii) experiencing a shortage of highly qualified
teachers, in particular a shortage of science, mathematics,
special education, or vocational or technical teachers; and
``(B) in elementary schools or secondary schools, or as
vocational or technical teachers.
``(c) Placement Assistance and Referral Services.--The
Secretary may provide placement assistance and referral
services to members of the armed forces who meet the criteria
described in subsection (d), including meeting the education
qualification requirements under subsection (d)(3)(B). Such
members shall not be eligible for financial assistance under
paragraphs (3) and (4) of subsection (e).
``(d) Eligibility and Application Process.--
``(1) Eligible members.--The following members of the armed
forces are eligible for selection to participate in the
Program:
``(A) Any member who--
``(i) on or after October 1, 1999, becomes entitled to
retired or retainer pay under this title or title 14;
``(ii) has an approved date of retirement that is within
one year after the date on which the member submits an
application to participate in the Program; or
``(iii) has been transferred to the Retired Reserve.
``(B) Any member who, on or after January 8, 2002--
``(i)(I) is separated or released from active duty after
six or more years of continuous active duty immediately
before the separation or release; or
``(II) has completed a total of at least ten years of
active duty service, ten years of service computed under
section 12732 of this title, or ten years of any combination
of such service; and
``(ii) executes a reserve commitment agreement for a period
of not less than three years under paragraph (5)(B).
``(C) Any member who, on or after January 8, 2002, is
retired or separated for physical disability under chapter 61
of this title.
``(2) Submission of applications.--(A) Selection of
eligible members of the armed forces to participate in the
Program shall be made on the basis of applications submitted
to the Secretary within the time periods specified in
subparagraph (B). An application shall be in such form and
contain such information as the Secretary may require.
``(B) An application shall be considered to be submitted on
a timely basis under subparagraph (A)(i), (B), or (C) of
paragraph (1) if the application is submitted not later than
four years after the date on which the member is retired or
separated or released from active duty, whichever applies to
the member.
``(3) Selection criteria; educational background
requirements and honorable service requirement.--(A) Subject
to subparagraphs (B) and (C), the Secretary shall prescribe
the criteria to be used to select eligible members of the
armed forces to participate in the Program.
``(B)(i) If a member of the armed forces is applying for
assistance for placement as an elementary school or secondary
school teacher, the Secretary shall require the member to
have received a baccalaureate or advanced degree from an
accredited institution of higher education.
``(ii) If a member of the armed forces is applying for
assistance for placement as a vocational or technical
teacher, the Secretary shall require the member--
``(I) to have received the equivalent of one year of
college from an accredited institution of higher education
and have six or more years of military experience in a
vocational or technical field; or
``(II) to otherwise meet the certification or licensing
requirements for a vocational or technical teacher in the
State in which the member seeks assistance for placement
under the Program.
``(C) A member of the armed forces is eligible to
participate in the Program only if the member's last period
of service in the armed forces was honorable, as
characterized by the Secretary concerned. A member selected
to participate in the Program before the retirement of the
member or the separation or release of the member from active
duty may continue to participate in the Program after the
retirement, separation, or release only if the member's last
period of service is characterized as honorable by the
Secretary concerned.
``(4) Selection priorities.--In selecting eligible members
of the armed forces to receive assistance under the Program,
the Secretary shall give priority to members who--
``(A) have educational or military experience in science,
mathematics, special education, or vocational or technical
subjects; and
``(B) agree to seek employment as science, mathematics, or
special education teachers in elementary schools or secondary
schools or in other schools under the jurisdiction of a local
educational agency.
``(5) Other conditions on selection.--
``(A) The Secretary may not select an eligible member of
the armed forces to participate in the Program and receive
financial assistance unless the Secretary has sufficient
appropriations for the Program available at the time of the
selection to satisfy the obligations to be incurred by the
United States under subsection (e) with respect to the
member.
``(B) The Secretary may not select an eligible member of
the armed forces described in paragraph (1)(B)(i) to
participate in the Program under this section and receive
financial assistance under subsection (e) unless the member
executes a written agreement to serve as a member of the
Selected Reserve of a reserve component of the armed forces
for a period of not less than three years (in addition to any
other reserve commitment the member may have).
``(e) Participation Agreement and Financial Assistance.--
``(1) Participation agreement.--(A) An eligible member of
the armed forces selected to participate in the Program under
subsection (b) and receive financial assistance under this
subsection shall be required to enter into an agreement with
the Secretary in which the member agrees--
``(i) within such time as the Secretary may require, to
obtain certification or licensing as an elementary school
teacher, secondary school teacher, or vocational or technical
teacher, and to become a highly qualified teacher; and
``(ii) to accept an offer of full-time employment as an
elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than three
school years with a high-need local educational agency or
public charter school, as such terms are defined in section
2102 of the Elementary and Secondary Education Act (20 U.S.C.
6602), to begin the school year after obtaining that
certification or licensing.
``(B) The Secretary may waive the three-year commitment
described in subparagraph (A)(ii) for a participant if the
Secretary determines such waiver to be appropriate. If the
Secretary provides the waiver, the participant shall not
be considered to be in violation of the agreement and
shall not be required to provide reimbursement under
subsection (f), for failure to meet the three-year
commitment.
``(2) Violation of participation agreement; exceptions.--A
participant in the Program shall not be considered to be in
violation of the participation agreement entered into under
paragraph (1) during any period in which the participant--
``(A) is pursuing a full-time course of study related to
the field of teaching at an institution of higher education;
``(B) is serving on active duty as a member of the armed
forces;
``(C) is temporarily totally disabled for a period of time
not to exceed three years as established by sworn affidavit
of a qualified physician;
``(D) is unable to secure employment for a period not to
exceed 12 months by reason of the care required by a spouse
who is disabled;
``(E) is a highly qualified teacher who is seeking and
unable to find full-time employment as a teacher in an
elementary school or secondary school or as a vocational or
technical teacher for a single period not to exceed 27
months; or
``(F) satisfies the provisions of additional reimbursement
exceptions that may be prescribed by the Secretary.
``(3) Stipend for participants.--(A) Subject to
subparagraph (B), the Secretary may pay to a participant in
the Program selected under this section a stipend in an
amount of not more than $5,000.
``(B) The total number of stipends that may be paid under
subparagraph (A) in any fiscal year may not exceed 5,000.
``(4) Bonus for participants.--(A) Subject to subparagraph
(B), the Secretary may, in lieu of paying a stipend under
paragraph (3), pay a bonus of $10,000 to a participant in the
Program selected under this section who agrees in the
participation agreement under paragraph (1) to become a
highly qualified teacher and to accept full-time employment
as an elementary school teacher, secondary school teacher, or
vocational or technical teacher for not less than three
school years in a high-need school.

[[Page H4070]]

``(B) The total number of bonuses that may be paid under
subparagraph (A) in any fiscal year may not exceed 3,000.
``(C) For purposes of subparagraph (A), the term `high-need
school' means a public elementary school, public secondary
school, or public charter school that meets one or more of
the following criteria:
``(i) At least 50 percent of the students enrolled in the
school were from low-income families (as described in
subsection (b)(2)(A)(i)).
``(ii) The school has a large percentage of students who
qualify for assistance under part B of the Individuals with
Disabilities Education Act (20 U.S.C. 1411 et. seq.).
``(5) Treatment of stipend and bonus.--A stipend or bonus
paid under this subsection to a participant in the Program
shall be taken into account in determining the eligibility of
the participant for Federal student financial assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et. seq.).
``(f) Reimbursement Under Certain Circumstances.--
``(1) Reimbursement required.--A participant in the Program
who is paid a stipend or bonus under this subsection shall be
required to repay the stipend or bonus under the following
circumstances:
``(A) The participant fails to obtain teacher certification
or licensing, to become a highly qualified teacher, or to
obtain employment as an elementary school teacher, secondary
school teacher, or vocational or technical teacher as
required by the participation agreement under subsection
(e)(1).
``(B) The participant voluntarily leaves, or is terminated
for cause from, employment as an elementary school teacher,
secondary school teacher, or vocational or technical teacher
during the three years of required service in violation of
the participation agreement.
``(C) The participant executed a written agreement with the
Secretary concerned under subsection (d)(5)(B) to serve as a
member of a reserve component of the armed forces for a
period of three years and fails to complete the required term
of service.
``(2) Amount of reimbursement.--A participant required to
reimburse the Secretary for a stipend or bonus paid to the
participant under subsection (e) shall pay an amount that
bears the same ratio to the amount of the stipend or bonus as
the unserved portion of required service bears to the three
years of required service. Any amount owed by the participant
shall bear interest at the rate equal to the highest rate
being paid by the United States on the day on which the
reimbursement is determined to be due for securities having
maturities of 90 days or less and shall accrue from the day
on which the participant is first notified of the amount due.
``(3) Treatment of obligation.--The obligation to reimburse
the Secretary under this subsection is, for all purposes, a
debt owing the United States. A discharge in bankruptcy under
title 11 shall not release a participant from the
obligation to reimburse the Secretary under this
subsection.
``(4) Exceptions to reimbursement requirement.--A
participant shall be excused from reimbursement under this
subsection if the participant becomes permanently totally
disabled as established by sworn affidavit of a qualified
physician. The Secretary may also waive the reimbursement in
cases of extreme hardship to the participant, as determined
by the Secretary.
``(g) Relationship to Educational Assistance Under
Montgomery GI Bill.--The receipt by a participant in the
Program of a stipend or bonus under this subsection (e) shall
not reduce or otherwise affect the entitlement of the
participant to any benefits under chapter 30 or 33 of title
38 or chapter 1606 of this title.
``(h) Participation by States.--
``(1) Discharge of state activities through consortia of
states.--The Secretary may permit States participating in the
Program to carry out activities authorized for such States
under the Program through one or more consortia of such
States.
``(2) Assistance to states.--(A) Subject to subparagraph
(B), the Secretary may make grants to States participating in
the Program, or to consortia of such States, in order to
permit such States or consortia of States to operate offices
for purposes of recruiting eligible members of the armed
forces for participation in the Program and facilitating the
employment of participants in the Program as elementary
school teachers, secondary school teachers, and vocational or
technical teachers.
``(B) The total amount of grants made under subparagraph
(A) in any fiscal year may not exceed $5,000,000.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:

``1154. Troops-to-Teachers Program.''.

(c) Conforming Amendment.--Section 1142(b) (4)(C) of such
title is amended by striking ``under sections 1152 and 1153
of this title and the Troops-to-Teachers Program under
section 2302 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6672)'' and inserting ``under sections 1152,
1153, and 1154 of this title''.
(d) Termination of Original Program.--
(1) Termination.--
(A) Chapter A of subpart 1 of Part C of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.) is
repealed.
(B) The table of contents in section 2 of Part I of the
Elementary and Secondary Education Act 1965 is amended by
striking the items relating to chapter A of subpart 1 of Part
C of said Act.
(2) Existing agreements.--The repeal of such chapter shall
not affect the validity or terms of any agreement entered
into before the date of the enactment of this Act under
chapter A of subpart 1 of Part C of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6671 et seq.), or
to pay assistance, make grants, or obtain reimbursement in
connection with such an agreement as in effect before such
repeal.
(e) Effective Date.--The amendments made by this section
shall take effect on the effective date of the transfer under
subsection (a).

SEC. 599B. ENHANCEMENTS TO THE TROOPS TO TEACHERS PROGRAM.

(a) Years of Service Requirements.--Subsection (d) of
section 1154 title 10, United States Code, as added by
section 599A, is amended--
(1) in paragraph (1)--
(A) by striking ``or'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting ``; or''; and
(C) by adding at the end the following new subparagraph:
``(D) commencing on or after September 11, 2001, serves at
least four years on active duty (as such term is defined in
section 101(d)(1) of this title, except that such term does
not include a period of service described in paragraphs (1)
through (3) of section 3311(d) of title 38) in the Armed
Forces (excluding service on active duty in entry level or
skills training) and, after completion of such service, is
discharged or released as follows:
``(i) A discharge from active duty in the armed forces with
an honorable discharge.
``(ii) A release after service on active duty in the armed
forces characterized by the Secretary concerned as honorable
service and placement on the retired list, transfer to the
Fleet Reserve or Fleet Marine Corps Reserve, or placement on
the temporary disability retired list.
``(iii) A release from active duty in the armed forces for
further service in a reserve component of the armed forces
after service on active duty characterized by the Secretary
concerned as honorable service.''; and
(b) Definition of Local Education Agency and Public Charter
Schools.--Such section is further amended as follows:
(1) Clause (i) of subsection (b)(2)(A) of such section is
amended to read as follows:
``(i) receiving grants under part A of title I, a Bureau-
funded school (as such term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021(3)), or public
charter school;''.
(2) In subsection (e)(1)(A)(ii), by striking ``or public
charter school receiving grants under part A of title I of
the Elementary and Secondary Education Act of 1965 (20
U.S.C.6311 et seq.)'' and inserting ``receiving grants under
part A of title I, a Bureau-funded school (as such term is
defined in section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021(3)) or public charter school''.
(c) Troops to Teachers Advisory Board.--Such section is
further amended by adding at the end the following new
subsection:
``(f) Advisory Board.--
``(1) Establishment.--Not later than 120 days after the
date of enactment of section 1154 of this title, the
Secretary of Education and the Secretary of Defense shall
establish an advisory board composed of--
``(A) a representative from the Department of Defense;
``(B) a representative from the Department of Education;
``(C) representatives from 3 State offices that operate to
recruit eligible members of the armed forces for
participation in the Program and facilitating the employment
of participants in the Program as elementary school teachers,
secondary school teachers, and vocational or technical
teachers; and
``(D) a representative from each of 3 veteran service
organizations.
``(2) Duties.--The advisory board established under
subsection (a) shall--
``(A) collect, consider, and disseminate feedback from
participants and State offices described in subsection (a)(4)
on--
``(i) the best practices for improving recruitment of
eligible members of the Armed Forces in States, local
educational agencies, and public charter schools under served
by the Program;
``(ii) ensuring that high-need local educational agencies
and public charter schools are aware of the Program and how
to participate in it;
``(iii) coordinating the goals of the Program with other
Federal, State, and local education needs and programs; and
``(iv) other activities that the advisory board deems
necessary; and
``(B) not later than 1 year after the date of the enactment
of section 1154 of this title, and annually thereafter,
prepare and submit a report to the Committees on Health,
Education, Labor, and Pensions and Armed Services of the
Senate and the Committees on Education and Labor and Armed
Services of the House of Representatives, which shall
include--
``(i) information with respect to the activities of the
advisory board;
``(ii) information with respect to the Program, including--

``(I) the number of participants in the Program;

[[Page H4071]]

``(II) the number of States participating in the Program;
``(III) local educational agencies and schools in where
participants are employed;
``(IV) the grade levels at which participants teach;
``(V) the academic subjects taught by participants;
``(VI) rates of retention of participants by the local
educational agencies and public charter schools employing
participant;
``(VII) other demographic information as may be necessary
to evaluate the effectiveness of the program; and
``(VIII) a review of the stipend and bonus available to
participants under paragraphs (3) and (4)(A) of subsection
(d); and

``(iii) recommendations for--

``(I) improvements to local, State, and Federal recruitment
and retention efforts;
``(II) legislative or executive policy changes to improve
the Program, enhance participant experience, and increase
participation in the program; and
``(III) other changes necessary to ensure that the Program
is meeting the purpose described in subsection (b).''.

Amendment No. 15 Offered by Mr. Hastings of Florida

The text of the amendment is as follows:

At the end of title XII, add the following:

SEC. 1237. REPORT ON CERTAIN IRAQIS AFFILIATED WITH THE
UNITED STATES.

(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, the Attorney
General, the Secretary of Homeland Security, the
Administrator of the United States Agency for International
Development, and the heads of other appropriate Federal
agencies (as determined by the Secretary of Defense), shall
submit to the Congress a report containing the information
described in subsection (b). In preparing such report, the
Secretary of Defense shall use available information from
organizations and entities closely associated with the United
States mission in Iraq that have received United States
Government funding through an official and documented
contract, award, grant, or cooperative agreement.
(b) Information.--The information described in this
subsection is the following:
(1) The number of Iraqis who were or are employed by the
United States Government in Iraq or who are or were employed
in Iraq by an organization or entity closely associated with
the United States mission in Iraq that has received United
States Government funding through an official and documented
contract, award, grant, or cooperative agreement.
(2) The number of Iraqis who have applied--
(A) for resettlement in the United States as a refugee
under section 1243 of the Refugee Crisis in Iraq Act of 2007
(subtitle C of title XII of division A of Public Law 110-181;
122 Stat. 395 et seq.); or
(B) to enter the United States as a special immigrant under
section 1244 of such Act.
(3) The status of each application described in paragraph
(2).
(4) The estimated number of individuals described in
paragraph (1) who have been injured or killed in Iraq.
(c) Expedited Processing.--The Secretary of Defense, the
Secretary of State, and the Secretary of Homeland Security
shall develop a plan using the report submitted under
subsection (a) to expedite the processing of the applications
described in subsection (b)(2) in the case of Iraqis at risk
as the United States withdraws from Iraq.

Amendment No. 30 Offered by Mr. Shadegg of Arizona

The text of the amendment is as follows:

Page 260, after line 19, insert the following:

SEC. 674. EXCLUSION OF PERSONS CONVICTED OF COMMITTING
CERTAIN SEX OFFENSES FROM RECEIVING CERTAIN
BURIAL-RELATED BENEFITS AND FUNERAL HONORS.

(a) Prohibition Against Interment or Memorialization in
National Cemetery Administration, Arlington National
Cemetery, and Certain State Veterans' Cemeteries; Prohibition
Against Provision of Presidential Memorial Certificate, Flag,
and Headstone or Marker.--Section 2411(b) of title 38, United
States Code, is amended by adding at the end the following
new paragraph:
``(4) A person who is classified as a tier III sex offender
under the Sex Offender Registration and Notification Act.''.
(b) Rule of Construction.--Nothing in this Act shall be
construed to terminate any benefit available to any person
except those benefits specifically terminated by the
amendment made by subsection (a).
(c) Effective Date.--The amendment made by subsection (a)
shall apply with respect to interments and memorializations
that occur on or after the date of the enactment of this Act.
(d) Constitutional Authority.--The constitutional authority
on which this section rests is the power of Congress to make
rules for the government and regulation of the land and naval
forces, as enumerated in article I, section 8, clause 14 of
the United States Constitution.

Amendment No. 32 Offered by Mr. Holt of New Jersey

The text of the amendment is as follows:

Page 266, after line 8, insert the following:

SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY
RESERVE AND INDIVIDUAL MOBILIZATION AUGMENTEES.

(a) Findings.--Congress finds that a veteran who is a
member of the Individual Ready Reserve (or who is an
individual mobilization augmentee) and is not assigned to a
unit that musters regularly and has an established support
structure is less likely to be helped by existing suicide
prevention programs carried out by the Secretary of Defense
and the Secretary of Veterans Affairs.
(b) In General.--
(1) Suicide prevention.--Chapter 55 of title 10, United
States Code, is amended by adding after section 1074l the
following new section:

``Sec. 1074m Suicide prevention for members of the Individual
Ready Reserve and individual mobilization augmentees

``(a) In General.--The Secretary of Defense shall ensure
that each covered member receives a telephone call described
in subsection (b) not less than once every 90 days during the
period in which--
``(1) the covered member is a member of the Individual
Ready Reserve; or
``(2) the Secretary determines that the covered member is
an individual mobilization augmentee.
``(b) Counseling Call.--A telephone call described in this
subsection is a call from properly trained personnel to
determine the emotional, psychological, medical, and career
needs and concerns of the covered member.
``(c) Referral.--(1) The personnel making a telephone call
described in subsection (b) shall refer a covered member
identified as being at-risk of self-caused harm to the
nearest military medical treatment facility or accredited
TRICARE provider for immediate evaluation and treatment by a
qualified mental health care provider.
``(2) If a covered member is referred under paragraph (1),
the Secretary shall confirm that the member has received the
evaluation and any necessary treatment.
``(d) Reports.--Not later than January 31 of each year,
beginning in 2011, the Secretary shall submit to Congress a
report on the number of covered members who have been
referred for counseling or mental health treatment under this
section, as well as the health and career status of such
members.
``(e) Covered Member Defined.--In this section, the term
`covered member' means--
``(1) a member of the Individual Ready Reserve described in
section 10144(b) of this title who has deployed to
Afghanistan or Iraq in support of a contingency operation; or
``(2) a member of a reserve component who the Secretary
determines is an individual mobilization augmentee who has
deployed to Afghanistan or Iraq in support of a contingency
operation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074l the following new item:

``1074m. Suicide prevention for members of the Individual Ready Reserve
and individual mobilization augmentees.''.

Amendment No. 55 Offered by Mr. Luetkemeyer of Missouri

The text of the amendment is as follows:

At the end of subtitle H of title V, add the following new
section:

SEC. 5_. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO JEWISH
AMERICAN WORLD WAR I VETERANS.

(a) Review Required.--The Secretary of the Army and the
Secretary of the Navy shall review the service records of
each Jewish American World War I veteran described in
subsection (b) to determine whether that veteran should be
posthumously awarded the Medal of Honor.
(b) Covered Jewish American War Veterans.--The Jewish
American World War I veterans whose service records are to be
reviewed under subsection (a) are the following:
(1) Any Jewish American World War I veteran who was
previously awarded the Distinguished Service Cross, the Navy
Cross, or other military decoration for service during World
War I.
(2) Any other Jewish American World War I veteran whose
name is submitted to the Secretary concerned for such purpose
by the Jewish War Veterans of the United States of America
before the end of the one-year period beginning on the date
of the enactment of this Act.
(c) Consultations.--In carrying out the review under
subsection (a), the Secretary concerned shall consult with
the Jewish War Veterans of the United States of America and
with such other veterans service organizations as the
Secretary considers appropriate.
(d) Recommendation Based on Review.--If the Secretary
concerned determines, based upon the review under subsection
(a) of the service records of any Jewish American World War I
veteran, that the award of the Medal of Honor to that veteran
is warranted, the Secretary shall submit to the President a
recommendation that the President award the Medal of Honor
posthumously to that veteran.
(e) Authority To Award Medal of Honor.--A Medal of Honor
may be awarded posthumously to a Jewish American World

[[Page H4072]]

War I veteran in accordance with a recommendation of the
Secretary concerned under subsection (a).
(f) Waiver of Time Limitations.--An award of the Medal of
Honor may be made under subsection (e) without regard to--
(1) section 3744, 6248, or 8744 of title 10, United States
Code; and
(2) any regulation or other administrative restriction on--
(A) the time for awarding the Medal of Honor; or
(B) the awarding of the Medal of Honor for service for
which a Distinguished Service Cross, Navy Cross, or other
military decoration has been awarded.
(g) Definitions.--In this section:
(1) The term ``Jewish American World War I veteran'' means
any person who served in the Armed Forces during World War I
and identified himself or herself as Jewish on his or her
military personnel records.
(2) The term ``Secretary concerned'' means--
(A) the Secretary of the Army, in the case of the Army; and
(B) the Secretary of the Navy, in the case of the Navy and
the Marine Corps.
(3) The term ``World War I'' means the period beginning on
April 6, 1917, and ending on November 11, 1918.

Amendment No. 61 Offered by Ms. Markey of Colorado

The text of the amendment is as follows:

Page 258, after line 12, insert the following:

SEC. 674. SCHOLARSHIP PROGRAM FOR VETERANS FOR PURSUIT OF
GRADUATE AND POST-GRADUATE DEGREES IN
BEHAVIORAL HEALTH SCIENCES.

(a) Scholarship Program.--
(1) Program.--The Secretary of Veterans Affairs shall carry
out a program to provide scholarships to qualifying veterans
for pursuit of a graduate or post-graduate degree in
behavioral health sciences.
(2) Designation.--The program carried out under this
section shall be known as the ``Department of Veterans
Affairs HONOR Scholarship Program'' (in this section referred
to as the ``scholarship program'').
(b) Qualifying Veterans.--For purposes of this section, a
qualifying veteran is any veteran who--
(1) during service on active duty in the Armed Forces,
participated for such period as the Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall
specify for purposes of the scholarship program in a theater
of combat or during a contingency operation overseas;
(2) was retired, discharged, separated, or released from
service in the Armed Forces on or after a date (not earlier
than August 2, 1990) specified by the Secretary of Defense
for purposes of the scholarship program;
(3) at the time of the submittal of an application to
participate in the scholarship program, holds an
undergraduate or graduate degree, as applicable, from an
institution of higher education that qualifies the veteran
for pursuit of a graduate or post-graduate degree in
behavioral sciences; and
(4) meets such other qualifications as the Secretary of
Veterans Affairs may establish for purposes of the
scholarship program.
(c) Application.--Each qualifying veteran seeking to
participate in the scholarship program shall submit to the
Secretary of Veterans Affairs an application therefor setting
forth such information as the Secretary shall specify for
purposes of the scholarship program.
(d) Agreement.--Each qualifying veteran selected by the
Secretary of Veterans Affairs for participation in the
scholarship program shall enter into an agreement with the
Secretary regarding participation in the scholarship program.
The agreement shall contain such terms and conditions as the
Secretary shall specify for purposes of the scholarship
program.
(e) Scholarships.--
(1) In general.--The Secretary of Veterans Affairs shall
provide to each qualifying veteran who enters into an
agreement under subsection (d) a scholarship for such number
of academic years as the Secretary shall specify in the
agreement for pursuit of a graduate or post-graduate degree
in behavioral health sciences at an institution of higher
education offering such degree that is approved by the
Secretary for purposes of the scholarship program.
(2) Elements.--The scholarship provided a qualifying
veteran for an academic year shall consist of payment of the
following:
(A) Tuition of the qualifying veteran for pursuit of the
graduate or post-graduate degree concerned in the academic
year.
(B) Reasonable educational expenses of the qualifying
veteran (including fees, books, and laboratory expenses) in
pursuit of such degree in the academic year.
(C) A stipend in connection with the pursuit of such degree
in the academic year in such amount as the Secretary shall
specify in the agreement of the qualifying veteran under
subsection (d).
(f) Obligated Service.--Each qualifying veteran who
participates in the scholarship program shall, after
completion of the graduate or post-graduate degree concerned
and as jointly provided by the Secretary of Veterans Affairs
and the Secretary of Defense in the agreement of such
qualifying veteran under subsection (d), perform service as
follows:
(1) Such service for the Department of Veterans Affairs in
connection with the furnishing of mental health services to
veterans, and for such period, as the Secretary of Veterans
Affairs shall specify in the agreement.
(2) Such service for the Department of Defense in
connection with the furnishing of mental health services to
members of the Armed Forces, and for such period, as the
Secretary of Veterans Affairs shall, in consultation with the
Secretary of Defense, specify in the agreement.
(3) Such combination of service described by paragraphs (1)
and (2), and for such period, as the Secretary of Veterans
Affairs shall, in consultation with the Secretary of Defense,
specify in the agreement.
(g) Breach of Agreement.--Each qualifying veteran
participating in the scholarship who fails to complete
satisfactorily the terms of the agreement of such qualifying
veteran under subsection (d), whether through failure to
obtain the graduate or post-graduate degree concerned or
failure to perform service required of the qualifying veteran
under subsection (f), shall be liable to the United States in
such form and manner as the Secretary of Veterans Affairs
shall, in consultation with the Secretary of Defense, specify
in the agreement.
(h) Contingency Operation Defined.--In this section, the
term ``contingency operation'' has the meaning given that
term in section 101(a)(13) of title 10, United States Code.

Amendment No. 64 Offered by Mr. Minnick of Idaho

The text of the amendment is as follows:

At the end of title V, add the following new section:

SEC. 5__. SUPPORT FROM DEPARTMENT OF EDUCATION TO HELP COVER
COSTS OF NEW STATE PROGRAMS UNDER NATIONAL
GUARD YOUTH CHALLENGE PROGRAM.

Paragraph (2) of section 509(d) of title 32, United States
Code, is amended to read as follows:
``(2) The limitation in paragraph (1) may not be construed
as a limitation on the amount of assistance that may be
provided to a State program of the Program for a fiscal year
from sources other than the Department of Defense. Using
funds available to the Department of Education, the Secretary
of Education may provide assistance to cover the difference
between the amount provided by the Department of Defense and
the total costs of operating a new State program of the
Program during the first three full fiscal years in which the
new State program is in operation.''.

Amendment No. 66 Offered by Mr. Schrader of Oregon

The text of the amendment is as follows:

Page 266, after line 8, insert the following:

SEC. 706. PROVISION OF INFORMATION TO MEMBERS OF THE RESERVE
COMPONENTS REGARDING HEALTH CARE BENEFITS.

(a) Provision of Information.--The Secretary of Defense
shall ensure that each member of a reserve component of the
Armed Forces who is mobilized or demobilized is provided,
together with the orders providing for such mobilization or
demobilization, a clear and comprehensive statement of the
medical care and treatment to which such member is entitled
under Federal law by reason of being so mobilized or
demobilized.
(b) Frequency.--The statement required to be provided a
member under subsection (a) upon a mobilization or
demobilization shall be provided to the member each time the
member is mobilized or demobilized, as the case may be.
(c) Elements.--The statement provided a member under
subsection (a) shall include the following:
(1) A clear, comprehensive statement of the medical care
and treatment to which the member is entitled under Federal
law by reason of being mobilized or demobilized, as
applicable, including--
(A) the nature and range of the care and treatment to which
the member is entitled;
(B) the departments and agencies of the Federal Government
that will provide such care and treatment;
(C) the period for which such care and treatment will be so
provided; and
(D) the obligations, if any, of the member in connection
with the receipt of such care and treatment.
(2) A clear, comprehensive statement of the health care
insurance available under Federal law for the member's
family, if any, by reason of the mobilization or
demobilization of the member.
(3) A clear, comprehensive description of the mental health
assessments available to the member before, during, and after
deployment pursuant to section 708 of the national defense
authorization act for fiscal year 2010 (public law 11184; 123
Stat. 2376; 10 U.S.C. 1074f note).
(4) Such other matters as the Secretary considers
appropriate.

Amendment No. 67 Offered by Mr. Schrader of Oregon

The text of the amendment is as follows:

Page 219, after line 5, insert the following:

[[Page H4073]]

SEC. 599. STUDY OF TREATMENT OF MEMBERS OF THE RESERVE
COMPONENTS.

(a) Study.--The Inspector General of the Department of
Defense shall conduct a study of the treatment of members of
the reserve components.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An analysis of the treatment of members of the reserve
components--
(A) at mobilization and demobilization sites of the Army,
including warrior transition units and joint medical
battalions; and
(B) during predeployment and postdeployment medical
examinations under section 1074(f) of title 10, United States
Code.
(2) An analysis of the quality of care, treatment, and
information that members of the reserve components receive
before, during, and after deployment.
(3) An analysis of patterns of treatment of members of the
reserve components during the period following a deployment,
including during medical examinations or other actions that
could affect health care and disability benefits, as compared
to the treatment of members of the regular components during
such period.
(4) Identification of any improvements needed so that
members of the reserve components and members of the regular
components are treated equally.
(c) Report.--Not later than December 31, 2010, the
Inspector General shall submit to the congressional defense
committees a report on the study under subsection (a).

Amendment No. 74 Offered by Mr. Klein of Florida

The Clerk read as follows:

Page 296, line 5, add after ``Defense'' the following: ``,
beginning 90 days after the date of the enactment of this
Act,''.
Page 296, lines 13 and 14, strike ``with actual knowledge,
engages'' and insert ``when entering into a contract with the
Department of Defense for goods and services, fails to
certify to the contracting officer that the entity does not
engage''.
Page 296, line 15, strike ``have been imposed'' and insert
``may be imposed''.
Page 296, strike line 17 and all that follows through page
297, line 22, and insert the following:
(b) Remedies.--
(1) In general.--If the Secretary of Defense, in
consultation with the Secretary of State, determines that an
entity has submitted a false certification under subsection
(a)(2), the Secretary of Defense may terminate a contract
with such entity or debar or suspend such entity from
eligibility for Department of Defense contracts for a period
of not more than 3 years. Any such debarment or suspension
shall be subject to the procedures that apply to debarment
and suspension under the Federal Acquisition Regulation under
subpart 9.4 of part 9 of title 48, Code of Federal
Regulations.
(2) Inclusion on list of parties excluded from federal
procurement and nonprocurement programs.--The Administrator
of General Services shall include on the List of Parties
Excluded from Federal Procurement and Nonprocurement Programs
maintained by the Administrator under part 9 of the Federal
Acquisition Regulation issued pursuant to section 25 of the
Office of Federal Procurement Policy Act (41 U.S.C. 421) each
entity that is debarred, suspended, or proposed for debarment
or suspension by the Secretary on the basis of a
determination of a false certification under paragraph (1).
(c) Waivers.--
(1) Authority.--The Secretary of Defense may on a case-by-
case basis waive the requirement that an entity make a
certification under subsection (a)(2) if the Secretary
determines that it is in the interest of national security to
do so.
(2) Contents of certification.--Upon issuing a waiver under
paragraph (1) with respect to an entity, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and House of Representatives, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a notification that
identifies the entity involved, the nature of the contract,
and the rationale for issuing the waiver.

Amendment No. 77 Offered by Ms. Pingree of Maine

The Clerk read as follows:

Page 251, after line 18, insert the following:

SEC. 654. CONTINUED OPERATION OF COMMISSARY AND EXCHANGE
STORES SERVING BRUNSWICK NAVAL AIR STATION,
MAINE.

The Secretary of Defense shall provide for the continued
operation of each commissary or exchange store serving
Brunswick Naval Air Station, Maine, through September 30,
2011, and may not take any action to reduce or to terminate
the sale of goods at such stores during fiscal year 2011.

Amendment No. 32 Offered by Mr. Holt of New Jersey, as Modified

The Acting CHAIR. The Clerk will report the modification to amendment
No. 32.
The Clerk read as follows:

Page 266, after line 8, insert the following:

SEC. 706. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY
RESERVE AND INDIVIDUAL MOBILIZATION AUGMENTEES.

``Sec. 1074m Suicide prevention for members of the Individual
Ready Reserve and individual mobilization augmentees

``(a) In General.--The Secretary of Defense shall ensure
that each covered member receives a telephone call described
in subsection (b) not less than once every 90 days during the
period in which--
``(1) the covered member is a member of the Individual
Ready Reserve; or
``(2) the Secretary determines that the covered member is
an individual mobilization augmentee.
``(b) Counseling Call.--A telephone call described in this
subsection is a call from properly trained personnel to
determine the emotional, psychological, medical, and career
needs and concerns of the covered member.
``(c) Referral.--(1) The personnel making a telephone call
described in subsection (b) shall refer a covered member
identified as being at-risk of self-caused harm to the
nearest emergency room for immediate evaluation and treatment
by a qualified mental health care provider.
``(2) If a covered member is referred under paragraph (1),
the Secretary shall confirm that the member has received the
evaluation and any necessary treatment.
``(d) Reports.--Not later than January 31 of each year,
beginning in 2011, the Secretary shall submit to Congress a
report on the number of covered members who have been
referred for counseling or mental health treatment under this
section, as well as the health and career status of such
members.
``(e) Covered Member Defined.--In this section, the term
`covered member' means--
``(1) a member of the Individual Ready Reserve described in
section 10144(b) of this title who has deployed to
Afghanistan or Iraq in support of a contingency operation; or
``(2) a member of a reserve component who the Secretary
determines is an individual mobilization augmentee who has
deployed to Afghanistan or Iraq in support of a contingency
operation.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074l the following new item:

``1074m. Suicide prevention for members of the Individual Ready Reserve
and individual mobilization augmentees.''.

Mr. McKEON (during the reading). Mr. Chairman, I ask unanimous
consent that we dispense with the reading.
The Acting CHAIR. Is there objection to the request of the gentleman
from California?
There was no objection.
The Acting CHAIR. Pursuant to House Resolution 1404, the gentleman
from Missouri (Mr. Skelton) and the gentleman from California (Mr.
McKeon) each will control 10 minutes.
The Chair recognizes the gentleman from Missouri.
Mr. SKELTON. Mr. Chairman, I urge the committee to adopt the
amendments en bloc, all of which have been examined by both the
majority and the minority.
Mr. Chairman, I yield 2 minutes to my friend, the gentlelady from
California (Ms. Matsui).
Ms. MATSUI. Mr. Chairman, I rise today in support of the Courtney-
Petri-Matsui amendment regarding Troops to Teachers. The amendment
includes provisions of the bipartisan 9/11 Troops to Teachers
Enhancement Act, which I worked on with my colleagues and has 170
cosponsors.
Our amendment would make the program more accessible to those
returning from Iraq and Afghanistan. Additionally, it is the clear
intent of this amendment to expand the number of school districts
eligible to participate in the Troops to Teachers program.
With their proven service, diverse backgrounds, and leadership
traits, our Nation's veterans can serve their country again by serving
as teachers in our Nation's most vulnerable schools. Witnessing the
success of this program in schools in my community has strengthened my
determination to expand the Troops to Teachers program.
I urge the Members to vote in support of this amendment.
Mr. McKEON. Mr. Chairman, I rise to claim the time in opposition to
the amendment; however, I don't intend to oppose the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.

[[Page H4074]]

Mr. McKEON. At this time I would like to yield such time as he may
consume to the gentleman from Arizona (Mr. Shadegg).
Mr. SHADEGG. Mr. Chairman, I rise in support of the en bloc
amendment, but in particular in support of my amendment in that
amendment, number 30.
Under current American law, veterans are entitled to certain
emoluments when they pass. These include burial in a veterans cemetery
or in one of our national cemeteries or in a State cemetery supported
by veterans' funds, a flag to drape the coffin, a military honor guard,
and a certificate from the President.
In 1997, however, following the bombing in Oklahoma City, this
Congress recognized that those benefits were still accorded to veterans
who had committed even capital offenses, and they recognized that
Timothy McVeigh, the Oklahoma City bomber, would have been entitled
under current law to be buried with all of those honors.
So this Congress, in good judgment, decided to revoke those
emoluments, those honorary benefits from veterans who had been
convicted of the violent crime of murder. And, indeed, we revoked it
for all capital offenses. In 1997, we expanded that and said it would
be applicable to anybody convicted of a capital offense, whether they
were sentenced to death or not, but we left a gaping hole in the law.
My amendment simply seeks to fill that hole. It's a gaping hole which
says that if you have been convicted of the violent rape of a woman,
you may still receive all of those honorary emoluments, you may still
be buried in a veterans cemetery with an American flag, with a
certificate from the President, and with a military honor guard. That
dishonors all of our Nation's veterans who are indeed buried in those
cemeteries as appreciation for their great service to this country.
I believe, and I believe that this body recognizes that rape is one
of the most violent of all crimes. It's not committed in the heat of
passion as murder sometimes is. It is indeed a plotted, carried-out
crime, a crime of immense violence.
This issue came to my attention when Jenny Bush, a recent college
graduate, went home on Halloween evening from her job, entered her
home, and was accosted there by a man who had entered during the day
through a first-story window. He taped her with duct tape, held her at
knifepoint, and violently raped her. Fortunately, her rapist was
caught, and in the course of the proceedings it was determined that he
was a serial rapist. He had indeed raped 10 other women, including a 9-
year-old girl. And yet under the law in America, he was entitled, upon
his death, to receive all of the military honors we give to those who
have not committed such heinous crimes. That is an injustice, and it is
an injustice that this amendment corrects.
This amendment was brought to me by Jenny Bush's father following the
incident where the rapist, the serial rapist who raped this young lady
committed suicide on the morning of his sentencing and then was buried
with all of those military honors.
I don't think that we should say that our veterans cemeteries are
open to the burial and to utilization by sex offenders who have
committed violent rape against America's women. This has been a 3-year
struggle where we have sought to amend the law.
I want to thank the Rules Committee for making this amendment in
order. I want to thank Steve Bush and his daughter Jenny for their
courage in raising this issue. I want to thank Ann Ream, who is with
the Voices and Faces Project; Stephanie Hanson and Joanne Archambault
with End Violence Against Women International for their work in trying
to help pass this legislation. It seems to me that it is well time for
us to correct the injustice which exists in our law on this issue. I
commend the committee for making it possible for us to correct this.
I want to make it clear that this amendment only takes away those
honorary emoluments. It does not financially punish the family of the
perpetrator of these crimes. It simply says that we are not going to
give these special honors to someone convicted of such a heinous crime
as rape.
I want to thank the chairman of the committee and the ranking member
of the committee. I believe this is something that will in fact honor
this Congress by recognizing we do not, as a Nation, tolerate violent
crimes against women. Our Uniform Military Code of Justice indeed
already provides that rape is in fact a capital crime. So this brings
our code in line with the current provision of the law.
The FBI ranks rape second only to murder. And as I have already
indicated, I believe you can make the argument that rape is indeed a
more heinous crime than murder because it is always carried out with
forethought and planning and perpetrated often with great violence, as
it was against Jenny Bush.
This legislation mirrors a bill which I have introduced in the
Congress for the last 3 years called Jenny's Law, named after Jenny
Bush. It has been officially endorsed by the RAINN Network, which is
the Rape, Abuse and Incest National Network, and has also been endorsed
by the Military Order of the Purple Heart.
I will insert a letter from the Military Order of the Purple Heart in
support of this amendment for the Record at this point.

Military Order of the

Purple Heart,

Springfield, VA, March 1, 2010.
Hon. John Shadegg,
Washington, DC.
Dear Mr. Shadegg: I am writing to inform you that the
Military Order of the Purple Heart (MOPH) is in total support
of H. R. 731 ``Jenny's Law.''
MOPH shares your view that regardless of the service to
America, if following that service, those individuals who are
convicted of committing certain sex crimes should not receive
certain burial benefits and funeral honors. These individuals
should not be eligible for burial in National cemeteries
administered by the Department of Veterans' Affairs,
Arlington National Cemetery and certain State Veterans'
Cemeteries.
While these individuals may have served honorably in the
Armed Forces, their crimes following that service are so
onerous that the crimes, in our opinion, negate that service.
Respectfully,
James M. Sims,
National Commander.

Let me simply conclude that I encourage my colleagues to support the
en bloc amendment.
I yield to the ranking member.
Mr. McKEON. I want to thank the gentleman for bringing this
amendment. This is something I was totally unaware of. I appreciate his
work. This is a great addition to the bill. I support it
wholeheartedly.
Mr. SHADEGG. Reclaiming my time, let me just briefly say I have spent
a great deal of my life advocating for the victims of crime. It seems
to me this is an outrage that exists in current law. The victims of
crime should not be revictimized. In this case, American law does
revictimize those victims of rape under these circumstances. I think it
is high time that we correct it.
I thank, again, the chairwoman of the Rules Committee and the
chairman and ranking member of the Armed Services Committee for making
the correction of this injustice possible.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend, a member
of the Armed Services Committee, the gentleman from Connecticut (Mr.
Courtney).
Mr. COURTNEY. Mr. Chairman, first of all I want to congratulate
Chairman Skelton for the outstanding work that he has performed
bringing this bill onto the floor and, in particular, salute the fact
that this bill will actually, for the first time since the beginning of
the Virginia-class submarine program, bring the production level up to
two submarines a year. That was a target that we were supposed to reach
as a Nation in 2002. It had been delayed year in and year out. And
through his leadership, we are finally going to reach that level, which
will be important for our submarine force and our Navy.

{time} 2250

I also rise in support of the en bloc amendment in particular to talk
about the Troops to Teachers Enhancement Act that Congresswoman Matsui
referred to earlier. Again, she described her efforts to try and expand
the scope of this program to the Title I school district.
In addition to that, this is an amendment which will move the program
into the Department of Defense from the Department of Education, a
place

[[Page H4075]]

where it has been almost de facto over the last few years in any case.
And even more importantly, it will shorten the service requirements
from 6 years to 4 years for our military personnel, which will allow
many more Iraq and Afghanistan war veterans to participate in this
program, which, as she indicated, is a program that has provided a
pathway for some of the finest Americans to participate and be in the
classroom with all of the qualities of team work, discipline,
particularly their strengths in the STEM area, which the Troops to
Teachers Program in its present program's limited scope has
demonstrated and recruited, again, outstanding teachers into the
classrooms.
In addition to that as also introduced, male teachers and minority
teachers--something which, again, I think is going to benefit our
public education system greatly. It is an amendment that's been
endorsed by veterans services organizations across the board from the
American Legion to the VFW. In addition to that, education groups such
as NEA and AFT have endorsed this measure.
And I thank the chairman for including this amendment in the en bloc
amendment and urge support and passage of the entire en bloc amendment
in the bill as a whole.
Mr. McKEON. Mr. Chairman, I yield 3 minutes to the gentleman from
Missouri (Mr. Luetkemeyer).
Mr. LUETKEMEYER. Thank you, Mr. Chairman. I am proud to rise in
support of en bloc amendment number 9 and particularly my amendment,
which is included, which directs a review of the service records of
eligible Jewish American veterans from World War I.
I want to particularly thank Chairman Skelton, Ranking Member McKeon,
and other members of the committee for their support on this important
issue.
We owe much to the patriotic Americans who have worn and are wearing
uniforms of our Nation's Armed Forces. Our country has been blessed to
have citizens who have selflessly volunteered to defend our Nation and
freedom. Unfortunately, qualified soldiers have not been considered for
the Medal of Honor, the highest military decoration awarded by our
government, due to discrimination.
In 2001, Congress passed the Leonard Kravitz Jewish War Veterans Act,
which had broad bipartisan support. This important piece of legislation
presented Jewish soldiers the opportunity to receive the Medal of Honor
for their service in World War II.
However, Jewish veterans of World War I have faced the same
discrimination and have not been afforded the opportunity to receive
recognition for their service. William Shemin, for whom this act is
named, was a Jewish American who earned the Distinguished Service Cross
in 1918 for saving three of his fellow soldiers' lives during an
intense 3-day battle in France while also leading his platoon in combat
after more senior soldiers were wounded or killed. Shemin passed away
in 1973 but his daughter, Elsie Shemin Roth, a resident of my district,
has passionately worked on behalf of her father and other Jewish
soldiers' legacies.
This amendment would build on past legislation and recognize the
sacrifices of Jewish soldiers during World War I.
I urge my colleagues to support this en bloc amendment number 9 and
honor the work of these veterans and brave soldiers.
Mr. SKELTON. I might make a comment about the gentleman from
Missouri. It was our fellow Missourian, Harry Truman, upon awarding a
Medal of Honor to a World War II marine, said he would rather have that
than be President. And it is quite an honor, and it's a good thing that
you do.
Mr. Chairman, I yield 2 minutes to my friend, the gentlelady from
Colorado (Ms. Markey).
Ms. MARKEY of Colorado. Thank you, Chairman Skelton.
I rise today in support of this en bloc amendment, which contains my
amendment to create a scholarship program for veterans to work toward
advanced degrees in behavioral health.
One in three veterans of Iraq and Afghanistan have some form of
invisible injury like PTSD or TBI. The VA has diagnosed nearly 250,000
vets as having some mental health injury. Yet it is well known that
less than half of those with these injuries are ever diagnosed or
treated.
The Department of Veteran Affairs Honor Scholarship Program is a
critical investment in the treatment of veterans suffering from
invisible injuries like posttraumatic stress disorder and traumatic
brain injuries.
This amendment will help veterans receive professional behavioral
health training so that they can provide peer-to-peer training to other
combat veterans. Who better to counsel recently returned veterans than
those who have shared similar experiences in combat. The veterans who
have served our country deserve the best possible mental health
treatment.
I urge my colleagues to stand with American veterans, to honor
America's veterans, and to support this amendment.
Mr. McKEON. Mr. Chairman, I guess this is the end of our debate. This
is the last of the amendments.
I want to thank the chairman for the good work that he's done on this
bill. I want to thank all of the staff. Everybody has worked very hard.
The subcommittee chairs, ranking members, for all of the work that
they've done to get us to this point.
I'm sorry that Democratic leadership didn't give us more time to
debate Don't Ask, Don't Tell so I had to spend a lot of time talking
about it at other times. In fact the time they gave us for the debate
was less time than we had to vote on it. Ten minutes to debate, 15
minutes to vote.
But I announced with my opening statement that if that amendment
passed, the Don't Ask, Don't Tell amendment passed, that I would
reluctantly have to vote against the bill. It will be the first time in
my 18 years here that I will vote against the defense reauthorization
bill. And I do that with a very heavy heart.
But I, again, thank you, Mr. Chairman. It's been a joy, a pleasure,
working with you, and I appreciate your integrity and the leadership
that you provide to the committee.
With that, Mr. Chairman, I yield back the balance of my time.
Mr. SKELTON. I yield 2 minutes to my colleague, the gentleman from
Florida (Mr. Klein).
Mr. KLEIN of Florida. I thank the gentleman from Missouri for his
great leadership on defense issues.
Mr. Chairman, I rise today to support the en bloc amendment number 9,
which includes my amendment to H.R. 5136, the Defense Authorization
Act. As Congress continues to consider robust Iran sanctions, we must
work every day to ensure that Iran does not get a nuclear weapon in the
meantime.
Therefore, I've offered an amendment to require Department of Defense
contractors to certify that they do not conduct business in Iran. For
months, I and others have been urging the State Department to enforce
existing law on Iran sanctions, to investigate and punish those
companies who are breaking the law by investing in Iran's energy sector
or facilitating a weapons program.
While the State Department is making progress in these
investigations, these investments continue. According to the
Congressional Research Service, several companies have violated the
Iran Sanctions Act over the last number of years. And according to The
New York Times, over $107 billion in government contracts have gone to
companies that are doing business in Iran.
That is why we cannot wait for companies to be designated as
violators of the Iran Sanctions Act. Taxpayer money is being spent now
on goods and services to companies that are thwarting the law.
Companies must be able to self-certify that they are not conducting
illegal business in Iran or not do business with the United States
government.
All companies with U.S. operations, especially those who receive
taxpayer funds intended for our national defense, should not be
undermining U.S. foreign policy and our troops or our national
security.

{time} 2300

The certification requirement reflects the choice that each of these
companies must make: either do business with the United States
Government or do business with Iran. Iran must not get a nuclear
weapon, not on our watch, and certainly not on our dime.

[[Page H4076]]

I would like to thank Chairman Skelton and Ranking Member McKeon for
their leadership in beginning the fight to prevent U.S. defense
contractors from contributing to Iran's dangerous nuclear program.
I urge support of the amendment.
Mr. SKELTON. Mr. Chairman, I yield 2 minutes to my friend, the
gentleman from New Jersey (Mr. Holt).
Mr. HOLT. I thank the chairman of the Armed Services Committee, Mr.
Skelton, for joining me in this. And I also want to recognize the
cosponsors, Mr. Bishop and Mr. Himes, for their support of this
amendment, which seeks to address a serious gap in our military suicide
prevention efforts, a gap that cost the life of one young constituent
of mine, Sergeant Coleman Bean of East Brunswick, New Jersey, and has
cost the lives of an unknown number of others.
During two tours of duty in Iraq, Coleman saw the horrors of war
firsthand; and like others, he sought treatment for post-traumatic
distress disorder when he returned home in 2004. Unfortunately, because
Coleman was a member of the Individual Ready Reserve, neither the Army
nor the VA would take the lead on treating him. Tragically, only months
after returning from his second tour in Iraq, Sergeant Coleman Bean
took his life in September 2008.
Our amendment seeks to prevent future such tragedies by requiring the
Secretary of Defense to ensure that members of the IRR or those who
serve as Individual Mobilization Augmentees who have completed at least
one tour in either Iraq or Afghanistan receive a counseling call from
properly trained personnel not less than once every 90 days so long as
the servicemember remains in the IRR or as an IMA, to take whatever
follow-up measures are required to help identify at-risk Reservists,
and to report to Congress on the program's effectiveness.
I ask my colleagues to support this important and I think very
necessary amendment.
Mr. SKELTON. Mr. Chairman, I wish to pay special tribute to the
ranking member, Buck McKeon, a gentleman of the first order who has not
only continued the bipartisan attitude and bipartisan work in our
committee, but has made it work very, very well. We all owe him a debt
of gratitude, and I want to say a special word of thanks to him for his
excellent work and cooperation in making our committee so bipartisan in
nature.
A special thanks also to the fantastic staff that we have. We Members
take credit for all of the good work that they do. So often they go as
unsung heroes, but they really make this committee work so well and so
solidly; and to each one of them, who are professionals, I express deep
thanks and gratitude.
Mr. PETRI. Mr. Chair, the Courtney/Petri/Matsui amendment would
transfer the successful Troops to Teachers Program back to the
Department of Defense and make important changes to the program to
ensure it will continue to provide opportunities for veterans to
transition into second careers as educators.
I have been a supporter of the Troops to Teachers program since its
authorization in the 1994 Defense Authorization Act, and I am proud of
its success in placing over 12,000 veterans in our Nation's classrooms.
Troops to Teachers is a unique program that provides veterans with a
$5,000 stipend to help cover the costs of obtaining a teaching
certification in exchange for 3 years service in an eligible school. An
additional bonus of $5,000 is available for teaching in a ``high need
school.''
This structure has proven very effective in transitioning qualified
retiring military personnel into second careers in teaching. Indeed,
Troops participants fill several critical needs among educators: 80
percent are male, over one-third are ethnic minorities, and a majority
bring an expertise in science and math to the classroom. Furthermore,
these troops also bring valuable life experience and character traits
that are uncommon in our Nation's classrooms.
However, the success of this program is in jeopardy without the
needed changes that are included in the Courtney/Petri/Matsui
amendment. When the program was transferred to the Education
Department, a simple drafting error in the 2002 No Child Left Behind
Act resulted in an Education Department ruling restricting the number
of school districts in which veterans can fulfill their teaching
requirement. Since the implementation of this ruling in September 2005,
retiring military have found the number of schools at which they would
be eligible to teach drastically reduced.
The Department's new interpretation locks out schools in many rural
areas and small communities. This is a shame, especially given the
success of this program and its ability to meet some of our Nation's
greatest teaching needs. In my own State of Wisconsin, only 11 out of
426 school districts qualify for participants to fulfill their teaching
requirements. A 2006 Government Accountability Report, GAO, of the
program found that the 2005 ruling had reduced interest and
participation in the program, as schools in regions where troops lived
were no longer considered eligible.
Our amendment would correct this ruling and ensure that veterans
participating in the Troops to Teachers program receive a $5,000
stipend for teaching 3 years in any school that is in a district
receiving Title 1 funds. This would result in a 49 percent increase in
the number of schools eligible under the program. The amendment does
not change the criteria for the additional $5,000 bonus, maintaining
the incentive for troops to teach in the highest need schools.
Let me be clear, as the language of H.R. 3943 would provide, it is
the intent of this amendment to strike ``high need'' from the stipend
participation language in the Troops to Teachers statute. There was a
late night drafting error that mistakenly did not delete the term
``high need'' as was contemplated and is consistent with the language
in H.R. 3943. So as this provision is finalized in conference, it is
important that this technical change be made to implement the original
intent of the amendment.
The amendment also makes the Troops to Teachers Program more
accessible by reducing the length of service requirements for active
military. The make-up of our military has drastically changed since
this program was first authorized 16 years ago. Many of our young men
and women returning from service in Iraq and Afghanistan who would like
to pursue teaching careers are currently ineligible for the program.
Third, to ensure continued success of the program the amendment
creates an advisory board charged with improving awareness, increasing
participation and ensuring the program meets the needs of schools and
veterans.
Earlier this year, Representatives Courtney, Matsui and I introduced
H.R. 3943, the Post 9/11 Troops to Teachers Enhancement Act, that
contains these needed improvements to the program. This bill has 169
bipartisan cosponsors and the support of both military and educational
organizations. These include: the American Legion, National Education
Association, Association of the United States Army, Association of the
United States Navy, Military Order of the Purple Heart, National
Association of the State Boards of Education and many more.
Finally, our amendment transfers the Troops to Teachers Program back
to the Department of Defense. Currently, the program is operated by the
Defense Activity for Non-Traditional Education Support, DANTES. The
Department of Education simply transfers funds to DANTES. Both the
Department of Defense and the Department of Education support this
transfer, which is reflected in the Administration's Fiscal Year 2011
budget request.
I want to thank Representative Courtney and Representative Matsui for
their work on this amendment, as well as both the Armed Services and
Education and Labor Committees for their assistance. I urge my
colleagues to support the amendment.
Mr. SKELTON. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendments en bloc offered
by the gentleman from Missouri (Mr. Skelton).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. SKELTON. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendments en bloc offered by the gentleman from
Missouri will be postponed.
Mr. SKELTON. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Deutch) having assumed the chair, Mr. Schrader, Acting Chair of the
Committee of the Whole House on the state of the Union, reported that
that Committee, having had under consideration the bill (H.R. 5136) to
authorize appropriations for fiscal year 2011 for military activities
of the Department of Defense, to prescribe military personnel strengths
for such fiscal year, and for other purposes, had come to no resolution
thereon.

[[Page H4077]]

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