An amendment comprised of the list of amendments submitted by the Chairman offered en bloc: amendments numbered 55, 57, 59, 62, 66, 67, 68, 69, 65, and 60 printed in House Report 111-182.
What it does: 3 changes: adds 3 sectionsDescription
An amendment comprised of the following amendments offered en bloc: amendments numbered 55, 57, 59, 62, 66, 67, 68, 69, 65, and 60 printed in House Report 111-182.
What it changes
3 changes to H.R. 2647
We couldn't match these changes to the text of H.R. 2647, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Adds SEC. 830. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR PRICE AS THE PREDOMINATE FACTORS IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS at the end of title VIII
Adds a sectionInserted: SEC. 830. REQUIREMENT TO JUSTIFY THE USE OF FACTORS OTHER THAN COST OR PRICE AS THE PREDOMINATE FACTORS IN EVALUATING COMPETITIVE PROPOSALS FOR DEFENSE PROCUREMENT CONTRACTS.
Inserted: (a) Requirement.--Subparagraph (A) of section 2305(a)(2) of title 10, United States Code, is amended--
Inserted: (1) by striking "and" at the end of clause (i); and
Inserted: (2) by inserting after clause (ii) the following new clause:
Inserted: "(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".
Inserted: (b) Report.--Section 2305(a)(3) of such title is amended by adding at the end the following new subparagraph:
Inserted: "(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.".
Inserted: Amendment No. 65 Offered by Ms. Castor of Florida
Original wording
At the end of title VIII, add the following new section:
Change 2: Adds SEC. 665. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS AND HOSPITALIZED MEMBERS at the end of title VI
Adds a sectionInserted: SEC. 665. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS AND HOSPITALIZED MEMBERS.
Inserted: (a) Availability of Postal Benefits.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits are provided during fiscal year 2010 to qualified individuals in accordance with this section.
Inserted: (b) Qualified Individual.--In this section, the term "qualified individual" means a member of the Armed Forces described in subsection (a)(1) of section 3401 of title 39, United States Code, who is entitled to free mailing privileges under such section.
Inserted: (c) Postal Benefits Described.--
Inserted: (1) Vouchers.--The postal benefits provided under the program shall consist of such coupons or other similar evidence of credit (in this section referred to as a "voucher") to permit a person possessing the voucher to make a qualified mailing to any qualified individual without charge using the Postal Service. The vouchers may be in printed, electronic, or such other format as the Secretary of Defense, in consultation with the Postal Service, shall determine to be appropriate.
Inserted: (2) Qualified mailing.--In this section, the term "qualified mailing" means the mailing of a single mail piece which--
Inserted: (A) is first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence or parcel post not exceeding 15 pounds in weight;
Inserted: (B) is sent from within an area served by a United States post office; and
Inserted: (C) is addressed to any qualified individual.
Inserted: (3) Coordination rule.--Postal benefits under the program are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code.
Inserted: (d) Number of Vouchers.--A member of the Armed Forces shall be eligible for one voucher for every month (or part of a month) during fiscal year 2010 in which the member is a qualified individual. Subject to subsection (f)(2), a voucher earned during fiscal year 2010 may be used after the end of such fiscal year.
Inserted: (e) Transfer of Vouchers.--A qualified individual may transfer a voucher to a member of the family of the qualified individual, a nonprofit organization, or any other person selected by the qualified individual for use to send qualified mailings to the qualified individual or other qualified individuals.
Show 17 more inserted paragraphsShow less
Inserted: (f) Limitations on Use; Duration.--A voucher may not be used--
Inserted: (1) for more than one qualified mailing, whether that mailing is a first-class letter or a parcel; or
Inserted: (2) after the expiration date of the voucher, as designated by the Secretary of Defense.
Inserted: (g) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe such regulations as may be necessary to carry out the program, including--
Inserted: (1) procedures by which vouchers will be provided or made available in timely manner to qualified individuals; and
Inserted: (2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d).
Inserted: (h) Transfers of Funds to Postal Service.--
Inserted: (1) Based on estimates.--The Secretary of Defense shall transfer to the Postal Service, out of amounts available to carry out the program and in advance of each calendar quarter during which postal benefits may be used under the program, an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Secretary finds that a determination under this subsection for a prior quarter was greater than or less than the amount finally determined for such quarter.
Inserted: (2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than six months after the expiration date of the final vouchers issued under the program.
Inserted: (3) Consultation required.--All estimates and determinations under this subsection of the amount of postal benefits under the program used in any period shall be made by the Secretary of Defense in consultation with the Postal Service.
Inserted: (i) Funding.--
Inserted: (1) Funding source and limitation.--In addition to the amounts authorized to be appropriated in section 301(1) for operation and maintenance for Army for fiscal year 2010, $50,000,000 is authorized to be appropriated for postal benefits provided in this section.
Inserted: (2) Offsetting reduction.--Funds authorized to be appropriated in section 301 in fiscal year 2010 for operation and maintenance are reduced as follows:
Inserted: (A) For operation and maintenance for the Army, Army Claims is reduced by $10,000,000.
Inserted: (B) For operation and maintenance for the Navy, System-Wide Navy Communications is reduced by $10,000,000.
Inserted: (C) For operation and maintenance for the Air Force, System-Wide Air Force Communications is reduced by $30,000,000.
Inserted: Amendment No. 60 Offered by Mr. Garrett of New Jersey
Original wording
At the end of title VI (page 230, after line 22), add the following new section:
Change 3: Adds SEC. 12XX. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL at the end of subtitle C of title XII
Adds a sectionInserted: SEC. 12XX. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL.
Inserted: It is the sense of Congress that--
Inserted: (1) the State of Israel is one of the strongest allies of the United States;
Inserted: (2) Israel and the United States face many common enemies; and
Inserted: (3) the United States should continue to work with Israeli Prime Minister Netanyahu, the Israeli Government, and the people of Israel to ensure that Israel continues to receive critical military assistance, including missile defense capabilities, needed to address existential threats.
Original wording
At the end of subtitle C of title XII of the bill, add the following new section:
Shown as written
(1) Residents injured.--The Secretary shall pay compensable Guam victims who are not deceased before any payments are made to individuals described in paragraphs (2) and (3) as follows: (A) If the victim has suffered an injury described in subsection (c)(2)(A), $15,000. (B) If the victim is not described in subparagraph (A) but has suffered an injury described in subsection (c)(2)(B), $12,000. (C) If the victim is not described in subparagraph (A) or (B) but has suffered an injury described in subsection (c)(2)(C), $10,000. (2) Survivors of residents who died in war.--In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to eligible survivors of the decedent as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraph (1) and before payments are made under paragraph (3). (3) Survivors of deceased injured residents.--In the case of a compensable Guam victim who is deceased, the Secretary shall pay $7,000 for distribution to eligible survivors of the victim as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraphs (1) and (2). (b) Distribution of Survivor Payments.--Payments under paragraph (2) or (3) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent or a compensable Guam victim who is deceased shall be made as follows: (1) If there is living a spouse of the individual, but no child of the individual, all of the payment shall be made to such spouse. (2) If there is living a spouse of the individual and one or more children of the individual, one-half of the payment shall be made to the spouse and the other half to the child (or to the children in equal shares). (3) If there is no living spouse of the individual, but there are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal shares). (4) If there is no living spouse or child of the individual but there is a living parent (or parents) of the individual, all of the payment shall be made to the parents (or to the parents in equal shares). (5) If there is no such living spouse, child, or parent, no payment shall be made. (c) Definitions.--For purposes of this title: (1) Compensable guam decedent.--The term “compensable Guam decedent” means an individual determined under section 1604(a)(1) to have been a resident of Guam who died or was killed as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act. (2) Compensable guam victim.--The term “compensable Guam victim” means an individual determined under section 1604(a)(1) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (C) Forced march, internment, or hiding to evade internment. (3) Definitions of severe personal injuries and personal injuries.--The Foreign Claims Settlement Commission shall promulgate regulations to specify injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). SEC. 1604. ADJUDICATION. (a) Authority of Foreign Claims Settlement Commission.--(1) In general.--The Foreign Claims Settlement Commission is authorized to adjudicate claims and determine eligibility for payments under section 1603. (2) Rules and regulations.--The chairman of the Foreign Claims Settlement Commission shall prescribe such rules and regulations as may be necessary to enable it to carry out its functions under this title. Such rules and regulations shall be published in the Federal Register. (b) Claims Submitted for Payments.--(1) Submittal of claim.--For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 1603 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (2) Filing period for claims and notice.--All claims for a payment under section 1603 shall be filed within one year after the Foreign Claims Settlement Commission publishes public notice of the filing period in the Federal Register. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this title. In addition, the Commission shall cause to be publicized the public notice of the deadline for filing claims in newspaper, radio, and television media on Guam. (3) Adjudicatory decisions.--The decision of the Foreign Claims Settlement Commission on each claim shall be by majority vote, shall be in writing, and shall state the reasons for the approval or denial of the claim. If approved, the decision shall also state the amount of the payment awarded and the distribution, if any, to be made of the payment. (4) Deductions in payment.--The Foreign Claims Settlement Commission shall deduct, from potential payments, amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public Law 79-224). (5) Interest.--No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission. (6) Remuneration prohibited.--No remuneration on account of representational services rendered on behalf of any claimant in connection with any claim filed with the Foreign Claims Settlement Commission under this title shall exceed one percent of the total amount paid pursuant to any payment certified under the provisions of this title on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or imprisoned not more than 12 months, or both.
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As printed
Amendment No. 55 Offered by Mr. Weiner
At the end of title VI (page 134, after line 24), add the following new section:
SEC. 665. COMPTROLLER GENERAL REPORT ON COST TO CITIES AND OTHER MUNICIPALITIES THAT COVER THE DIFFERENCE BETWEEN AN EMPLOYEE'S MILITARY SALARY AND MUNICIPAL SALARY.
Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the costs incurred by cities and other municipalities that elect to cover the difference between--
(1) an employee's military salary when that employee is a member of a reserve component and called or ordered to active duty; and
(2) the municipal salary of the employee.
Amendment No. 57 Offered by Mr. Griffith
Page 67, after line 5, insert the following:
SEC. __. SENSE OF CONGRESS REAFFIRMING THE REQUIREMENT TO THOROUGHLY CONSIDER THE ROLE OF BALLISTIC MISSILE DEFENSES DURING THE QUADRENNIAL DEFENSE REVIEW AND THE NUCLEAR POSTURE REVIEW.
(a) Findings.--Congress makes the following findings:
(1) Congress passed and the President signed the National Missile Defense Act of 1999 (Public Law: 106-38), which stated: “It is the policy of the United States to deploy as soon as is technologically possible an effective National Missile Defense system capable of defending the territory of the United States against limited ballistic missile attack (whether accidental, unauthorized, or deliberate).”
(2) Section 118 of title 10, United States Code requires the Secretary of Defense “every four years, during a year following a year evenly divisible by four, to conduct a comprehensive examination (to be known as a”Quadrennial Defense Review“) of the national defense strategy, force structure, force modernization plans, infrastructure, budget plan, and other elements of the defense program and policies of the United States with a view toward determining and expressing the defense strategy of the United States and establishing a defense program for the next 20 years.”
(3) Among the requirements established by section 118 of title 10, United States Code, for the elements that must be included in the Quadrennial Defense Review are the following:
(A) The threats to the assumed or defined national security interests of the United States that were examined for the purposes of the review and the scenarios developed in the examination of those threats.
(B) The specific capabilities, including the general number and type of specific military platforms, needed to achieve the strategic and warfighting objectives identified in the review.
(C) The effect on force structure of the use by the armed forces of technologies anticipated to be available for the ensuing 20 years.
(4) Section 1070 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-116) requires the Secretary of Defense to conduct a comprehensive review of the nuclear posture of the United States for the next 5 to 10 years “in order to clarify United States nuclear deterrence policy and strategy for the near term.”
(5) Among the requirements established by section 1070 of the National Defense Authorization Act for Fiscal Year 2008 for the elements that must be included in the nuclear posture review is “[t]he role that missile defense capabilities and conventional strike forces play in determining the role and size of nuclear forces.”
(6) The Final Report of the Congressional Commission on the Strategic Posture of the United States, issued on May 7, 2009, concluded: “Missile defenses can play a useful role in supporting the basic objectives of deterrence, broadly defined. Defenses that are effective against regional aggressors are a valuable component of the U.S. strategic posture. The United States should develop and, where appropriate, deploy missile defenses against regional nuclear aggressors, including against limited long-range threats. These can also be beneficial for limiting damage if deterrence fails. The United States should ensure that its actions do not lead Russia or China to take actions that increase the threat to the United States and its allies and friends.”
(b) Sense of Congress.--It is the sense of Congress that the Secretary of Defense should thoroughly consider the role of ballistic missile defenses during the Quadrennial Defense Review and the Nuclear Posture Review.
Amendment No. 59 Offered by Mr. Holt
At the end of subtitle A of title VII (page 244, after line 8), insert the following new section:
SEC. 708. SUICIDE AMONG MEMBERS OF THE INDIVIDUAL READY RESERVE.
(a) Findings.--Congress finds that veterans who are members of the Individual Ready Reserve (in this section referred to as the “IRR”) and are not assigned to units that muster regularly and have an established support structure are less likely to be helped by existing suicide prevention programs run by the Secretary of Defense and the Secretary of Veterans Affairs.
(b) In General.--The Secretary of Defense shall ensure that all covered members receive a counseling call from properly trained personnel not less than once every 90 days so long as the member remains a member of the IRR.
(c) Personnel.--In carrying out this section, the Secretary shall ensure the following:
(1) Personnel conducting calls determine the emotional, psychological, medical, and career needs and concerns of the covered member.
(2) Any covered member identified as being at-risk of self-caused harm is referred to the nearest military medical treatment facility or accredited TRICARE provider for immediate evaluation and treatment by a qualified mental health care provider.
(3) If a covered member is identified under paragraph (2), the Secretary shall confirm that the member has received the evaluation and any necessary treatment.
(d) Report.--Not later than January 31 of each year, beginning in 2010, the Secretary shall submit to Congress a report on the number of IRR members not assigned to units who have been referred for counseling or mental health treatment, as well as the health and career status of such members.
(e) Covered Member Defined.--In this section, a “covered member” is a member of the Individual Ready Reserve who has completed at least one tour in either Iraq or Afghanistan.
Amendment No. 62 Offered by Mr. Sestak
At the end of subtitle A of title VII (page 244, after line 8), insert the following new section:
SEC. 708. TREATMENT OF AUTISM UNDER TRICARE.
(a) In General.--Section 1077 of title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following new paragraph:
“(18) In accordance with subsection (g), treatment of autism spectrum disorders.”; and
(2) by adding at the end the following new subsection:
“(g)(1) For purposes of subsection (a)(18), and to the extent that appropriated funds are available for the purposes of this subsection, treatment of autism spectrum disorders shall be provided if a health care professional determines that the treatment is medically necessary. Such treatment shall include the following:
“(A) Habilitative or rehabilitative care.
“(B) Pharmaceutical agents.
“(C) Psychiatric care.
“(D) Psychological care.
“(E) Speech therapy.
“(F) Occupational therapy.
“(G) Physical therapy.
“(H) Group therapy, if a health care professional determines it necessary to develop, maintain, or restore the skills of the beneficiary.
“(I) Any other care or treatment that a health care professional determines medically necessary.
“(2) Beneficiaries under the age of five who have developmental delays and are considered at-risk for autism may not be denied access to treatment described by paragraph (1) if a health care professional determines that the treatment is medically necessary.
“(3) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes of section 1079(a)(9) of this title.
“(4) In carrying out this subsection, the Secretary shall ensure that--
“(A) a person who is authorized to provide applied behavior analysis or other structured behavior programs is licensed or certified by a state, the Behavior Analyst Certification Board, or other accredited national certification board; and
“(B) if applied behavior analysis or other structured behavior program is provided by an employee or contractor of a person authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices in the field of behavior analysis and autism services.
“(5)(A) This subsection shall not apply to a medicare-eligible beneficiary.
“(B) Except as provided in subparagraph (A), nothing in this subsection shall be construed as limiting or otherwise affecting the benefits provided to a medicare-eligible beneficiary under--
“(i) this chapter;
“(ii) part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); or
“(iii) any other law.
“(6) In this section:
“(A) The term ‘autism spectrum disorders' includes autistic disorder, Asperger's syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
“(B) The term ‘habilitative and rehabilitative care' includes--
“(i) professional counseling;
“(ii) guidance service;
“(iii) treatment programs, including not more than 40 hours per week of applied behavior analysis; and
“(iv) other structured behavior programs that a health care professional determines necessary to develop, improve, maintain, or restore the functions of the beneficiary.
“(C) The term ‘health care professional' has the meaning given that term in section 1094(e)(2) of this title.
“(D) The term ‘medicare-eligible' has the meaning given that term in section 1111(b) of this title.”.
(b) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe such regulations as may be necessary to carry out section 1077(a)(18) of title 10, United States Code, as added by subsection (a).
(c) Funding.--
(1) Funding increase.--The amount otherwise provided by section 1403 for TRICARE funding is hereby increased by $50,000,000 to provide funds to carry out section 1077(a)(18) of title 10, United States Code, as added by subsection (a).
(2) Offsetting reduction.--
Reduce the amount of Operation and Maintenance, Army, by $25,000,000 to be derived from the Service-wide Communications.
Reduce the amount of Operations and Maintenance, Navy, by $15,000,000, to be derived from Service-wide Communications.
Reduce the amount of Research Development Test & Evaluation, by $10,000,000, to be derived from Advanced Aerospace Systems Integrated Sensor IS Structure, PE 68286E
Amendment No. 66 Offered by Mr. McDermott
At the end of subtitle C of title XII of the bill, add the following new section:
SEC. 12XX. MAP OF MINERAL-RICH ZONES AND AREAS UNDER THE CONTROL OF ARMED GROUPS IN DEMOCRATIC REPUBLIC OF THE CONGO.
(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, shall, consistent with the recommendation from the United Nations Group of Experts on the Democratic Republic of the Congo in their December 2008 report, work with other member states of the United Nations and local and international nongovernmental organizations--
(1) to produce a map of mineral-rich zones and areas under the control of armed groups in the Democratic Republic of the Congo; and
(2) to make such map available to the public.
The map required under this subsection shall be known as the “Congo Conflict Minerals Map”. Mines located in areas under the control of armed groups in the Democratic Republic of the Congo, as depicted on the Congo Conflict Minerals Map, shall be known as “conflict zone mines”.
(b) Updates.--The Secretary of Defense, in consultation with the Secretary of State, shall update the map required by subsection (a) not less frequently than once every 180 days until the Secretary of Defense certifies that no armed party to any ongoing armed conflict in the Democratic Republic of the Congo or any other country is involved in the mining, sale, or export of columbite-tantalite, cassiterite, wolframite, or gold, or the control thereof, or derives benefits from such activities.
Amendment No. 67 Offered by Mr. Schiff
Page 86, after line 16, insert the following new section:
SEC. 248. AUTHORITY FOR NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.
Section 217(f)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat 2695) is amended by adding at the end the following new subparagraph:
“(C) A federally funded research and development center of the National Aeronautics and Space Administration that functions primarily as a research laboratory may respond to broad agency announcements under programs authorized by the Federal Government for the purpose of promoting the research, development, demonstration, or transfer of technology in a manner consistent with the terms and conditions of such program, for activities including, but not limited to, those conducted by the center under contract with or on behalf of the Department of Defense or through transfer of funds from the Department of Defense to the National Aeronautics and Space Administration.”.
Amendment No. 68 Offered by Ms. Bordallo
At the end of division A of the bill, insert the following new title:
TITLE XVI--GUAM WORLD WAR II LOYALTY RECOGNITION ACT
SEC. 1601. SHORT TITLE.
This title may be cited as the “Guam World War II Loyalty Recognition Act”.
SEC. 1602. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM.
(a) Recognition of the Suffering of the Residents of Guam.--The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment.
(b) Recognition of the Loyalty of the Residents of Guam.--The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States of America, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II.
SEC. 1603. PAYMENTS FOR GUAM WORLD WAR II CLAIMS.
(a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment.--Subject to the availability of appropriations authorized to be appropriated under section 1606(a), after receipt of certification pursuant to section 1604(b)(8) and in accordance with the provisions of this title, the Secretary of the Treasury shall make payments as follows:
(1) Residents injured.--The Secretary shall pay compensable Guam victims who are not deceased before any payments are made to individuals described in paragraphs (2) and (3) as follows:
(A) If the victim has suffered an injury described in subsection (c)(2)(A), $15,000.
(B) If the victim is not described in subparagraph (A) but has suffered an injury described in subsection (c)(2)(B), $12,000.
(C) If the victim is not described in subparagraph (A) or (B) but has suffered an injury described in subsection (c)(2)(C), $10,000.
(2) Survivors of residents who died in war.--In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to eligible survivors of the decedent as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraph (1) and before payments are made under paragraph (3).
(3) Survivors of deceased injured residents.--In the case of a compensable Guam victim who is deceased, the Secretary shall pay $7,000 for distribution to eligible survivors of the victim as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraphs (1) and (2).
(b) Distribution of Survivor Payments.--Payments under paragraph (2) or (3) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent or a compensable Guam victim who is deceased shall be made as follows:
(1) If there is living a spouse of the individual, but no child of the individual, all of the payment shall be made to such spouse.
(2) If there is living a spouse of the individual and one or more children of the individual, one-half of the payment shall be made to the spouse and the other half to the child (or to the children in equal shares).
(3) If there is no living spouse of the individual, but there are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal shares).
(4) If there is no living spouse or child of the individual but there is a living parent (or parents) of the individual, all of the payment shall be made to the parents (or to the parents in equal shares).
(5) If there is no such living spouse, child, or parent, no payment shall be made.
(c) Definitions.--For purposes of this title:
(1) Compensable guam decedent.--The term “compensable Guam decedent” means an individual determined under section 1604(a)(1) to have been a resident of Guam who died or was killed as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act.
(2) Compensable guam victim.--The term “compensable Guam victim” means an individual determined under section 1604(a)(1) to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following:
(A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis).
(B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns).
(C) Forced march, internment, or hiding to evade internment.
(3) Definitions of severe personal injuries and personal injuries.--The Foreign Claims Settlement Commission shall promulgate regulations to specify injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2).
SEC. 1604. ADJUDICATION.
(a) Authority of Foreign Claims Settlement Commission.--
(1) In general.--The Foreign Claims Settlement Commission is authorized to adjudicate claims and determine eligibility for payments under section 1603.
(2) Rules and regulations.--The chairman of the Foreign Claims Settlement Commission shall prescribe such rules and regulations as may be necessary to enable it to carry out its functions under this title. Such rules and regulations shall be published in the Federal Register.
(b) Claims Submitted for Payments.--
(1) Submittal of claim.--For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 1603 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies.
(2) Filing period for claims and notice.--All claims for a payment under section 1603 shall be filed within one year after the Foreign Claims Settlement Commission publishes public notice of the filing period in the Federal Register. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this title. In addition, the Commission shall cause to be publicized the public notice of the deadline for filing claims in newspaper, radio, and television media on Guam.
(3) Adjudicatory decisions.--The decision of the Foreign Claims Settlement Commission on each claim shall be by majority vote, shall be in writing, and shall state the reasons for the approval or denial of the claim. If approved, the decision shall also state the amount of the payment awarded and the distribution, if any, to be made of the payment.
(4) Deductions in payment.--The Foreign Claims Settlement Commission shall deduct, from potential payments, amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public Law 79-224).
(5) Interest.--No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission.
(6) Remuneration prohibited.--No remuneration on account of representational services rendered on behalf of any claimant in connection with any claim filed with the Foreign Claims Settlement Commission under this title shall exceed one percent of the total amount paid pursuant to any payment certified under the provisions of this title on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or imprisoned not more than 12 months, or both.
(7) Appeals and finality.--Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency.
(8) Certifications for payment.--After a decision approving a claim becomes final, the chairman of the Foreign Claims Settlement Commission shall certify it to the Secretary of the Treasury for authorization of a payment under section 1603.
(9) Treatment of affidavits.--For purposes of section 1603 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing eligibility of such individual for payment under such section as establishing a prima facie case of the individual's eligibility for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim under paragraph (2) or (3) of section 1603(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought.
(10) Release of related claims.--Acceptance of payment under section 1603 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant thereto, or this title.
(11) Penalty for false claims.--The provisions of section 1001 of title 18 of the United States Code (relating to criminal penalties for false statements) apply to claims submitted under this subsection.
SEC. 1605. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II.
(a) Establishment.--Subject to section 1606(b) and in accordance with this section, the Secretary of the Interior shall establish a grants program under which the Secretary shall award grants for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both, for purposes of appropriately illuminating and interpreting the causes and circumstances of such occupation and other similar occupations during a war.
(b) Eligibility.--The Secretary of the Interior may not award to a person a grant under subsection (a) unless such person submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies.
SEC. 1606. AUTHORIZATION OF APPROPRIATIONS.
(a) Guam World War II Claims Payments and Adjudication.--For purposes of carrying out sections 1603 and 1604, there are authorized to be appropriated $126,000,000, to remain available for obligation until September 30, 2013, to the Foreign Claims Settlement Commission. Not more than 5 percent of funds made available under this subsection shall be used for administrative costs.
(b) Guam World War II Grants Program.--For purposes of carrying out section 1605, there are authorized to be appropriated $5,000,000, to remain available for obligation until September 30, 2013.
Amendment No. 69 Offered by Mr. Grayson
At the end of title VIII, add the following new section:
SEC. 830. 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.”.
Amendment No. 65 Offered by Ms. Castor of Florida
At the end of title VI (page 230, after line 22), add the following new section:
SEC. 665. POSTAL BENEFITS PROGRAM FOR SENDING FREE MAIL TO MEMBERS OF THE ARMED FORCES SERVING IN CERTAIN OVERSEAS OPERATIONS AND HOSPITALIZED MEMBERS.
(a) Availability of Postal Benefits.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits are provided during fiscal year 2010 to qualified individuals in accordance with this section.
(b) Qualified Individual.--In this section, the term “qualified individual” means a member of the Armed Forces described in subsection (a)(1) of section 3401 of title 39, United States Code, who is entitled to free mailing privileges under such section.
(c) Postal Benefits Described.--
(1) Vouchers.--The postal benefits provided under the program shall consist of such coupons or other similar evidence of credit (in this section referred to as a “voucher”) to permit a person possessing the voucher to make a qualified mailing to any qualified individual without charge using the Postal Service. The vouchers may be in printed, electronic, or such other format as the Secretary of Defense, in consultation with the Postal Service, shall determine to be appropriate.
(2) Qualified mailing.--In this section, the term “qualified mailing” means the mailing of a single mail piece which--
(A) is first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence or parcel post not exceeding 15 pounds in weight;
(B) is sent from within an area served by a United States post office; and
(C) is addressed to any qualified individual.
(3) Coordination rule.--Postal benefits under the program are in addition to, and not in lieu of, any reduced rates of postage or other similar benefits which might otherwise be available by or under law, including any rates of postage resulting from the application of section 3401(b) of title 39, United States Code.
(d) Number of Vouchers.--A member of the Armed Forces shall be eligible for one voucher for every month (or part of a month) during fiscal year 2010 in which the member is a qualified individual. Subject to subsection (f)(2), a voucher earned during fiscal year 2010 may be used after the end of such fiscal year.
(e) Transfer of Vouchers.--A qualified individual may transfer a voucher to a member of the family of the qualified individual, a nonprofit organization, or any other person selected by the qualified individual for use to send qualified mailings to the qualified individual or other qualified individuals.
(f) Limitations on Use; Duration.--A voucher may not be used--
(1) for more than one qualified mailing, whether that mailing is a first-class letter or a parcel; or
(2) after the expiration date of the voucher, as designated by the Secretary of Defense.
(g) Regulations.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense (in consultation with the Postal Service) shall prescribe such regulations as may be necessary to carry out the program, including--
(1) procedures by which vouchers will be provided or made available in timely manner to qualified individuals; and
(2) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with subsection (d).
(h) Transfers of Funds to Postal Service.--
(1) Based on estimates.--The Secretary of Defense shall transfer to the Postal Service, out of amounts available to carry out the program and in advance of each calendar quarter during which postal benefits may be used under the program, an amount equal to the amount of postal benefits that the Secretary estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Secretary finds that a determination under this subsection for a prior quarter was greater than or less than the amount finally determined for such quarter.
(2) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this section, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than six months after the expiration date of the final vouchers issued under the program.
(3) Consultation required.--All estimates and determinations under this subsection of the amount of postal benefits under the program used in any period shall be made by the Secretary of Defense in consultation with the Postal Service.
(i) Funding.--
(1) Funding source and limitation.--In addition to the amounts authorized to be appropriated in section 301(1) for operation and maintenance for Army for fiscal year 2010, $50,000,000 is authorized to be appropriated for postal benefits provided in this section.
(2) Offsetting reduction.--Funds authorized to be appropriated in section 301 in fiscal year 2010 for operation and maintenance are reduced as follows:
(A) For operation and maintenance for the Army, Army Claims is reduced by $10,000,000.
(B) For operation and maintenance for the Navy, System-Wide Navy Communications is reduced by $10,000,000.
(C) For operation and maintenance for the Air Force, System-Wide Air Force Communications is reduced by $30,000,000.
Amendment No. 60 Offered by Mr. Garrett of New Jersey
At the end of subtitle C of title XII of the bill, add the following new section:
SEC. 12XX. SENSE OF CONGRESS RELATING TO THE STATE OF ISRAEL.
It is the sense of Congress that--
(1) the State of Israel is one of the strongest allies of the United States;
(2) Israel and the United States face many common enemies; and
(3) the United States should continue to work with Israeli Prime Minister Netanyahu, the Israeli Government, and the people of Israel to ensure that Israel continues to receive critical military assistance, including missile defense capabilities, needed to address existential threats.
Legislative Activity
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House amendment offered
June 25, 2009
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House amendment offered
June 25, 2009
Amendment agreed to Committee of the Whole
June 25, 2009 • 1:58 PM
House amendment agreed to: On agreeing to the Skelton amendments (A013) Agreed to by voice vote.
June 25, 2009 • 1:58 PM
House amendment offered/reported by : Amendments (A013) offered by Mr. Skelton.(consideration: CR H7375-7381; text as en bloc: CR H7375-7378)
June 25, 2009 • 1:44 PM
Amendments (A013) offered by Mr. Skelton. (consideration: CR H7375-7381; text as en bloc: CR H7375-7378)
June 25, 2009 • 1:44 PM
On agreeing to the Skelton amendments (A013) Agreed to by voice vote.
June 25, 2009 • 1:58 PM