An amendment comprised of the following amendments printed in House Report 112-88 offered as en bloc # 1: Nos. 3,4,5,7,8,9,10,11,13, 14,15,16,17,29,34,35, and 36 with appropriate modifications submitted to the desk.

Amendment No. 3 offered by mr. tonko

Page 92, after line 12, insert the following:

SEC. 254. APPLICATION OF RNA BIOLOGICAL AND FUNCTIONAL SCIENCE AND TECHNOLOGY.

In carrying out the medical advanced technology program, the Secretary of Defense shall ensure that, when applicable, RNA biological and functional science and technology are used for research in which RNA may be a translational tool and potentially therapeutic, including--

(1) infectious diseases employed by terrorists or other entities to have a battlefield effect;

(2) memory disorders;

(3) rare diseases; and

(4) other diseases affecting military readiness.

Amendment No. 4 offered by ms. hayworth

Page 92, after line 12, insert the following:

SEC. 254. SENSE OF CONGRESS ON ACTIVE MATRIX ORGANIC LIGHT EMITTING DIODE TECHNOLOGY.

It is the sense of Congress that--

(1) active matrix organic light emitting diode (in this section referred to as “OLED”) technology displays have the potential to reduce the size, weight, and energy consumption of both dismounted and mounted systems of the Armed Forces;

(2) the United States has a limited OLED manufacturing industry;

(3) to ensure a reliable domestic source of OLED displays, the Secretary of Defense should use existing programs, including the ManTech program, to support the reduction of the costs and risks related to OLED manufacturing technologies; and

(4) the reduction of such costs and risks of OLED manufacturing has the potential to enable the affordable production and sustainment of future weapon systems, as well as the affordable transition of new technologies that can enhance capabilities of current force systems.

Amendment No. 7 offered by mrs. miller of michigan

At the end of subtitle B of title V, add the following:

SEC. 515. CHIEF OF NATIONAL GUARD BUREAU.

(a) Role as Advocate and Liaison.--Section 10502 of title 10, United States Code, is amended--

(1) by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; and

(2) by inserting after subsection (c), the following new subsection:

“(d) Advocate and Liaison for State National Guards.--The Chief of the National Guard Bureau shall serve as an advocate and liaison for the National Guard of each State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands and inform such National Guards of all actions that could affect their Federal or State missions, including any equipment level or force structure changes.”.

(b) Inclusion as Member of Joint Chiefs of Staff.--

(1) In general.--Section 10502 of title 10, United States Code, is further amended by inserting after subsection (d) (as amended by subsection (a) of this section), the following new subsection:

“(e) Member of Joint Chiefs of Staff.--

“(1) The Chief of the National Guard Bureau shall be a member of the Joint Chiefs of Staff (as described in section 151 of this title).

“(2) As a member of the Joint Chiefs of Staff, the Chief of the National Guard Bureau has the specific responsibility of advocating for the National Guards of the States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, and the Virgin Islands and coordinating the efforts of the warfighting support and force provider mission of the National Guard with the homeland defense, defense support to civil authorities, and State emergency response missions of the National Guard to ensure the National Guard has the resources to perform its multiple missions.

“(3) The Chief of the National Guard Bureau shall consult with the Governors and the Adjutants General of the States before any changes are made in National Guard force structure or equipment levels (or both) to determine the impact such changes may have on the homeland defense, defense support to civil authorities, and State emergency response missions of the National Guard.”.

(2) Conforming amendment.--Section 151(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

“(7) The Chief of the National Guard Bureau.”.

Amendment No. 8 offered by mr. schock

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

SEC. 5__. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO COMBAT ZONES OF DUAL-MILITARY COUPLES WHO HAVE MINOR DEPENDENTS.

(a) Authority to Obtain Deferment.--In the case of a member of the Armed Forces with minor dependents who has a spouse who is also a member of the Armed Forces, and the spouse is deployed in an area for which imminent danger pay is authorized under section 310 of title 37, United States Code, the member may request a deferment of a deployment to such an area until the spouse returns from such deployment.

(b) Approval of Request.--The Secretary of the military department concerned, and the Secretary of Homeland Security in the case of members of the Coast Guard, shall approve a request submitted by a member pursuant to subsection (a).

(c) Repeal of Limited Authority.--Section 586 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 11-181; 112 Stat. 132; 10 U.S.C. 991 note) is amended by striking the second sentence.

Amendment No. 9 offered by mr. baca

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

SEC. 5__. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM.

(a) Program Enhancements.--

(1) Enhancement.--The Secretary of Defense shall take appropriate actions to enhance the suicide prevention program of the Department of Defense through the provision of suicide prevention information and resources to members of the Armed Forces from their initial enlistment or appointment through their final retirement or separation.

(2) Cooperative effort.--The Secretary of Defense shall develop suicide prevention information and resources in consultation with--

(A) the Secretary of Veterans Affairs, the National Institute of Mental Health, and the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services; and

(B) to the extent appropriate, institutions of higher education and other public and private entities, including international entities, with expertise regarding suicide prevention.

(b) Suicide Prevention Training Component During Recruit Basic Training.--

(1) Army.--

(A) Training required.--Chapter 401 of title 10, United States Code, is amended by inserting after section 4320 the following new section:

“Sec. 4320a. Recruit basic training: availability of suicide

prevention resources

“(a) Availability.--As part of the initial entry training program of the Army that constitutes the basic training of new recruits, the Secretary of the Army shall include a training component on suicide prevention.

“(b) Elements.--The suicide prevention training component shall include the following:

“(1) Methods for recognizing risk factors for suicide.

“(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide.

“(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources.

“(4) Information on best practices for suicide prevention.”.

(B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4320 the following new item:

“4320a. Recruit basic training: availability of suicide prevention resources.”.

(2) Navy and marine corps.--

(A) Training required.--Chapter 602 of such title is amended by adding at the end the following new section:

“Sec. 6933. Recruit basic training: availability of suicide

prevention resources

“(a) Availability.--As part of the initial entry training program of the Navy and the Marine Corps that constitutes the basic training of new recruits, the Secretary of the Navy shall include a training component on suicide prevention.

“(b) Elements.--The suicide prevention training component shall include the following:

“(1) Methods for recognizing risk factors for suicide.

“(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide.

“(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources.

“(4) Information on best practices for suicide prevention.”.

(B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

“602. Recruit basic training: availability of suicide prevention resources.”.

(3) Air force.--

(A) Training required.--Chapter 901 of such title is amended by inserting after section 9320 the following new section:

“Sec. 9320a. Recruit basic training: availability of suicide

prevention resources

“(a) Availability.--As part of the initial entry training program of the Air Force that constitutes the basic training of new recruits, the Secretary of the Air Force shall include a training component on suicide prevention.

“(b) Elements.--The suicide prevention training component shall include the following:

“(1) Methods for recognizing risk factors for suicide.

“(2) Protocols for responding to crisis situations involving members who may be at high risk for suicide.

“(3) Information about suicide prevention services available to members, including toll-free hotlines and Internet resources.

“(4) Information on best practices for suicide prevention.”.

(B) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4320 the following new item:

“4320a. Recruit basic training: availability of suicide prevention resources.”.

(c) Preseparation Counseling.--Section 1142(b)(8) of such title is amended by inserting before the period the following: “and the availability to the member and the member's family of the suicide prevention resources described in section 1177(d) of this title”.

(d) Funding Increase and Offsetting Reduction.--Notwithstanding the amounts set forth in the funding tables in division D--

(1) the amount authorized to be appropriated in section 421 for military personnel, as specified in the corresponding funding table in division D, is hereby increased by $5,000,000, with the amount of the increase allocated to carrying out this section and the amendments made by this section; and

(2) the amount authorized to be appropriated in section 101 for other procurement, Air Force, as specified in the corresponding funding table in division D, is hereby reduced by $5,000,000, with the amount of the reduction to be derived from Joint Tactical Radio System Maritime-Fixed radios under line 049 Tactical Communications Electronic Equipment, as specified in the corresponding funding table in section 4101.

Amendment No. 10 offered by mr. cohen

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

SEC. 5__. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DISPOSITION OF REMAINS OF MEMBERS OF THE ARMED FORCES.

Section 1482(c) of title 10, United States Code, is amended--

(1) by striking “Only the” in the matter preceding paragraph (1) and inserting “The”;

(2) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;

(3) in paragraph (5), as so redesignated, by striking “clauses (1)-(3)” and inserting “paragraphs (1) through (4)”; and

(4) by inserting before paragraph (2), as so redesignated, the following new paragraph:

“(1) The person identified by the decedent on the record of emergency data maintained by the Secretary concerned (DD Form 93 or any successor to that form), as the Person Authorized to Direct Disposition (PADD), regardless of the relationship of the designee to the decedent.”.

Amendment No. 11 offered by mr. becerra

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

SEC. 5__. DIVERSITY RECRUITMENT EFFORTS FOR THE MILITARY SERVICE ACADEMIES.

(a) Funds for Diversity Recruitment Efforts.--The amounts authorized to be appropriated by section 301 for operation and maintenance for the Army, Navy, and Air Force for officer acquisition, as specified in the corresponding funding table in section 4301, are each increased by $1,400,000 to expand diversity recruitment efforts for the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy.

(b) Offset From Joint Tactical Radio System.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for other procurement, Air Force, as specified in the corresponding funding table in division D, is hereby reduced by $4,200,000, with the amount of the reduction to be derived from Joint Tactical Radio System Maritime-Fixed radios under Line 049 Tactical Communications-Electronic Equipment as set forth in the table under section 4101.

(c) Merit-based or Competitive Decisions.--A decision to commit, obligate, or expend funds referred to in subsection (a) with or to a specific entity shall--

(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(2) comply with other applicable provisions of law.

Amendment No. 13 offered by mr. mc nerney

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

SEC. 577. SENSE OF CONGRESS REGARDING FINANCIAL COUNSELING FOR MILITARY FAMILIES.

It is the sense of Congress that the Secretary of Defense should work with the Consumer Financial Protection Bureau to ensure coordination with the Office of Service Member Affairs to provide financial counseling for members of the Armed Forces and their families.

Amendment No. 14 offered by mr. mc nerney

Strike section 591 and insert the following new section:

SEC. 591. AUTHORITY TO PROVIDE SUPPORT AND SERVICES FOR CERTAIN ORGANIZATIONS AND ACTIVITIES OUTSIDE DEPARTMENT OF DEFENSE.

Section 2012 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(k) Limitation on Annual Obligation of Funds.--Not more than $20,000,000 may be obligated during fiscal year 2012 or any fiscal year thereafter to provide support and services to non-Department of Defense organizations and activities under this section.”.

Amendment No. 15 offered by mr. king of new york

At the end of subtitle J of title V of division A, add the following new section:

SEC. 598. POSTAL BENEFITS PROGRAM.

(a) Short Title.--This section may be cited as the “Supply Our Soldiers Act of 2011”.

(b) Postal Benefits Program for Members of the Armed Forces.--

(1) In general.--The Secretary of Defense, in consultation with the United States Postal Service, shall provide for a program under which postal benefits shall be provided to qualified individuals in accordance with succeeding provisions of this section.

(2) Qualified individual.--For purposes of this section, the term “qualified individual” means an individual who is--

(A) a member of the Armed Forces of the United States on active duty (as defined in section 101 of title 10, United States Code); and

(B)(i) serving in Iraq or Afghanistan; or

(ii) hospitalized at a facility under the jurisdiction of the Armed Forces of the United States as a result of a disease or injury incurred as a result of service in Iraq or Afghanistan.

(3) Postal benefits described.--

(A) In general.--The postal benefits provided under this section shall consist of such coupons or other similar evidence of credit (whether in printed, electronic, or other format, and hereinafter in this section referred to as “vouchers”) as the Secretary of Defense (in consultation with the Postal Service) shall determine, entitling the bearer or user to make qualified mailings free of postage.

(B) Qualified mailing.--For purposes of this section, the term “qualified mailing” means the mailing of a single mail piece which--

(i) is described in clause (i) or (ii) of subparagraph (C);

(ii) is sent from within an area served by a United States post office; and

(iii) is addressed to a qualified individual.

(C) Mail described.--Mail described in this subparagraph is--

(i) any first-class mail (including any sound- or video-recorded communication) not exceeding 13 ounces in weight and having the character of personal correspondence; and

(ii) parcel post not exceeding 15 pounds in weight.

(D) Limitations.--

(i) Number.--An individual shall be eligible for one voucher for each two-month period in which such individual is a qualified individual.

(ii) Use.--Any such voucher may not be used--

(I) for more than a single qualified mailing; or

(II) after the expiration date of such voucher, as designated by the Secretary of Defense.

(E) Coordination rule.--Postal benefits under this section shall be 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.

(4) Regulations.--Not later than 30 days after the date of the enactment of this section, the Secretary of Defense (in consultation with the Postal Service) shall prescribe any regulations necessary to carry out this section, including--

(A) procedures by which vouchers will be provided or made available in timely manner to persons duly identified by qualified individuals to receive those vouchers; and

(B) procedures to ensure that the number of vouchers provided or made available with respect to any qualified individual complies with paragraph (3)(D)(i).

(c) Funding.--

(1) Funding increase and offsetting reduction.--Notwithstanding the amounts set forth in the funding tables in division D, to carry out this section during fiscal year 2012--

(A) the amount authorized to be appropriated in section 301 for operation and maintenance, Defense-wide, as specified in the corresponding funding table in division D, is hereby increased by $12,000,000, with the amount of the increase allocated to the Office of the Secretary of Defense, as set forth in the table under section 4301, to carry out this section; and

(B) the amount authorized to be appropriated in section 101 for other procurement, Army, as specified in the corresponding funding table of division D, is hereby reduced by $12,000,000 with the amount of the reduction to be derived from the Joint Tactical Radio System, Ground Mobile Radio Program under Line 039 Joint Tactical Radio System as set forth in the table under section 4101.

(2) Transfers to postal service.--

(A) Based on estimates.--The Department of Defense shall transfer to the Postal Service, out of any amount so appropriated and in advance of each calendar quarter for fiscal year 2012 beginning on or after January 1, 2012, and during which postal benefits under this section may be used, an amount equal to the amount of postal benefits that the Department of Defense estimates will be used during such quarter, reduced or increased (as the case may be) by any amounts by which the Department finds that a determination under this subsection for a prior quarter was greater than or less than the amount finally determined for such quarter.

(B) Based on final determination.--A final determination of the amount necessary to correct any previous determination under this subsection, and any transfer of amounts between the Postal Service and the Department of Defense based on that final determination, shall be made not later than six months after the end of fiscal year 2012.

(3) Consultation required.--All estimates and determinations under this subsection of the amount of postal benefits under this section used in any period shall be made by the Department of Defense in consultation with the Postal Service.

(d) Duration.--The postal benefits under this section shall apply with respect to mail matter sent during the period beginning on October 1, 2011, and ending on September 30, 2012.

Amendment No. 16 offered by mr. ruppersberger

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

SEC. 623. INCLUSION OF MEMBERS OF THE ARMED FORCES ASSIGNED TO EGYPT MULTI-NATIONAL FORCE AND OBSERVERS MISSION IN UNITED STATES CENTRAL COMMAND REST AND RECUPERATION ABSENCE PROGRAM.

(a) Inclusion of MNFOM Members.--Subsection (b) of section 705a of title 10, United States Code, as added by section 532 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111-383; 124 Stat. 4216), is amended to read as follows:

“(b) Eligible Members.--Subject to such other criteria as the Secretary of Defense may prescribe in the regulations required by subsection (a), the following members of the armed forces are eligible for selection to receive the benefits described in subsection (c):

“(1) A member who is assigned or deployed for at least 270 days in an area or location--

“(A) that is designated by the President as a combat zone; and

“(B) in which hardship duty pay is authorized to be paid under section 305 of title 37.

“(2) A member who is assigned to duty for at least 270 days as a participant in the Egypt Multi-National Force and Observers Mission.”.

(b) Funding Source.--Notwithstanding the amounts set forth in the funding table in section 4501, the Secretary of Defense may transfer up to $4,000,000 from the Mission Force Enhancement Transfer Fund established by section 1433 to another account of the Department of Defense to mitigate unfunded requirements for fiscal year 2012 incurred as a result of the amendment made by subsection (a).

(c) Offset.--Notwithstanding the amounts set forth in the funding tables in division D, the amount authorized to be appropriated in section 101 for other procurement, Army, as specified in the corresponding funding table in division D, is hereby reduced by $5,000,000, with the amount of the reduction to be derived from Joint Tactical Radio System Maritime-Fixed radios under Line 039 Joint Tactical Radio System as set forth in the table under section 4101.

Amendment No. 17 offered by mr. carter

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

SEC. 662. TREATMENT OF MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE WHO WERE KILLED OR WOUNDED IN THE NOVEMBER 5, 2009, ATTACK AT FORT HOOD, TEXAS.

(a) Treatment.--For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009, shall be deemed as follows:

(1) In the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States.

(2) In the case of a civilian employee of the Department of Defense--

(A) to have been killed or wounded while serving with the Armed Forces in a contingency operation; and

(B) to have been killed or wounded in a terrorist attack.

(b) Exception.--Subsection (a) shall not apply to a member of the Armed Forces whose death or wound as described in that subsection is the result of the willful misconduct of the member.

Amendment No. 21 offered by mr. sessions

Page 345, after line 8, insert the following:

SEC. 731. PILOT PROGRAM ON PAYMENT FOR TREATMENT OF MEMBERS OF THE ARMED FORCES AND VETERANS FOR TRAUMATIC BRAIN INJURY AND POST-TRAUMATIC STRESS DISORDER.

(a) Payment Process.--The Secretary of Defense and the Secretary of Veterans Affairs shall carry out a five-year pilot program under which each such Secretary shall establish a process through which each Secretary shall provide payment for treatments (including diagnostic testing) of traumatic brain injury or post-traumatic stress disorder received by members of the Armed Forces and veterans in health care facilities other than military treatment facilities or Department of Veterans Affairs medical facilities. Such process shall provide that payment be made directly to the health care facility furnishing the treatment.

(b) Conditions for Payment.--The approval by a Secretary for payment for a treatment pursuant to subsection (a) shall be subject to the following conditions:

(1) Any drug or device used in the treatment must be approved or cleared by the Food and Drug Administration for any purpose.

(2) The treatment must have been approved by an institutional review board operating in accordance with regulations issued by the Secretary of Health and Human Services.

(3) The treatment (including any patient disclosure requirements) must be used by the health care provider delivering the treatment.

(4) The patient receiving the treatment must demonstrate an improvement as a result of the treatment on one or more of the following:

(A) Standardized independent pre-treatment and post-treatment neuropsychological testing.

(B) Accepted survey instruments.

(C) Neurological imaging.

(D) Clinical examination.

(5) The patient receiving the treatment must be receiving the treatment voluntarily.

(6) The patient receiving the treatment may not be a retired member of the uniformed services or of the Armed Forces who is entitled to benefits under part A, or eligible to enroll under part B, of title XVIII of the Social Security Act.

(c) Additional Restrictions Prohibited.--Except as provided in this subsection (b), no restriction or condition for reimbursement may be placed on any health care provider that is operating lawfully under the laws of the State in which the provider is located with respect to the receipt of payment under this section.

(d) Payment Deadline.--The Secretary of Defense and the Secretary of Veterans Affairs shall make a payment for a treatment pursuant to subsection (a) not later than 30 days after a member of the Armed Forces or veteran (or health care provider on behalf of such member or veteran) submits to the Secretary documentation regarding the treatment. The Secretary of Defense and the Secretary of Veterans Affairs shall ensure that the documentation required under this subsection may not be an undue burden on the member of the Armed Forces or veteran or on the health care provider.

(e) Payment Authority.--

(1) Department of defense.--The Secretary of Defense shall make payments under this section for treatments received by members of the Armed Forces using the authority in subsection (c)(1) of section 1074 of title 10, United States Code.

(2) Department of veterans affairs.--The Secretary of Veterans Affairs shall make payments under this section for treatments received by veterans using the authority in section 1728 of title 38, United States Code.

(f) Payment Amount.--A payment under this section shall be made at the equivalent Centers for Medicare and Medicaid Services reimbursement rate in effect for appropriate treatment codes for the State or territory in which the treatment is received. If no such rate is in effect, payment shall be made at a fair market rate, as determined by the Secretary of Defense, in consultation with the Secretary of Health and Human Services, with respect to a patient who is a member of the Armed Forces or the Secretary of Veterans Affairs with respect to a patient who is a veteran.

(g) Data Collection and Availability.--

(1) In general.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly develop and maintain a database containing data from each patient case involving the use of a treatment under this section. The Secretaries shall ensure that the database preserves confidentiality and be made available only--

(A) for third-party payer examination;

(B) to the appropriate congressional committees and employees of the Department of Defense, the Department of Veterans Affairs, the Department of Health and Human Services, and appropriate State agencies; and

(C) to the primary investigator of the institutional review board that approved the treatment, in the case of data relating to a patient case involving the use of such treatment.

(2) Enrollment in institutional review board study.--In the case of a patient enrolled in a registered institutional review board study, results may be publically distributable in accordance with the regulations prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and other regulations and practices in effect as of the date of the enactment of this Act.

(3) Qualified institutional review boards.--The Secretary of Defense and the Secretary of Veterans Affairs shall each ensure that the Internet Web site of their respective departments includes a list of all civilian institutional review board studies that have received a payment under this section.

(h) Assistance for Members To Obtain Treatment.--

(1) Assignment to temporary duty.--The Secretary of a military department may assign a member of the Armed Forces under the jurisdiction of the Secretary to temporary duty or allow the member a permissive temporary duty in order to permit the member to receive treatment for traumatic brain injury or post-traumatic stress disorder, for which payments shall be made under subsection (a), at a location beyond reasonable commuting distance of the member's permanent duty station.

(2) Payment of per diem.--A member who is away from the member's permanent station may be paid a per diem in lieu of subsistence in an amount not more than the amount to which the member would be entitled if the member were performing travel in connection with a temporary duty assignment.

(3) Gift rule waiver.--Notwithstanding any rule of any department or agency with respect to ethics or the receipt of gifts, any assistance provided to a member of the Armed Forces with a service-connected injury or disability for travel, meals, or entertainment incidental to receiving treatment under this section, or for the provision of such treatment, shall not be subject to or covered by any such rule.

(i) Retaliation Prohibited.--No retaliation may be made against any member of the Armed Forces or veteran who receives treatment as part of registered institutional review board study carried out by a civilian health care practitioner.

(j) Treatment of University and Nationally Accredited Institutional Review Boards.--For purposes of this section, a university-affiliated or nationally accredited institutional review board shall be treated in the same manner as a Government institutional review board.

(k) Memoranda of Understanding.--The Secretary of Defense and the Secretary of Veterans Affairs shall seek to expeditiously enter into memoranda of understandings with civilian institutional review boards described in subsection (j) for the purpose of providing for members of the Armed Forces and veterans to receive treatment carried out by civilian health care practitioners under a treatment approved by and under the oversight of civilian institutional review boards that would qualify for payment under this section.

(l) Outreach Required.--

(1) Outreach to veterans.--The Secretary of Veterans Affairs shall notify each veteran with a service-connected injury or disability of the opportunity to receive treatment pursuant to this section.

(2) Outreach to members of the armed forces.--The Secretary of Defense shall notify each member of the Armed Forces with a service-connected injury or disability of the opportunity to receive treatment pursuant to this section.

(m) Report to Congress.--Not later than 30 days after the last day of each fiscal year during which the Secretary of Defense and the Secretary of Veterans Affairs are authorized to make payments under this section, the Secretaries shall jointly submit to Congress an annual report on the implementation of this section. Such report shall include each of the following for that fiscal year:

(1) The number of individuals for whom the Secretary has provided payments under this section.

(2) The condition for which each such individual receives treatment for which payment is provided under this section and the success rate of each such treatment.

(3) Treatment methods that are used by entities receiving payment provided under this section and the respective rate of success of each such method.

(4) The recommendations of the Secretaries with respect to the integration of treatment methods for which payment is provided under this section into facilities of the Department of Defense and Department of Veterans Affairs.

(n) Termination.--The authority to make a payment under this section shall terminate on the date that is five years after the date of the enactment of this Act.

(o) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each fiscal year during which the Secretary of Veterans Affairs and the Secretary of Defense are authorized to make payments under this section.

(p) Funding Increase and Offsetting Reduction.--

(1) In general.--Notwithstanding the amounts set forth in the funding tables in division D, to carry out this section during fiscal year 2012--

(A) the amount authorized to be appropriated in section 1406 for the Defense Health Program, as specified in the corresponding funding table in division D, is hereby increased by $10,000,000, with the amount of the increase allocated to the Defense Health Program, as set forth in the table under section 4501, to carry out this section; and

(B) the amount authorized to be appropriated in section 101 for other procurement, Army, as specified in the corresponding funding table in division D, is hereby reduced by $10,000,000, with the amount of the reduction to be derived from Joint Tactical Radio System, ground-mobile radio program under Line 039 Joint Tactical Radio System as set forth in the table under section 4101.

(2) Merit-based or competitive decisions.--A decision to commit, obligate, or expend funds referred to in paragraph (1)(A) with or to a specific entity shall--

(A) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and

(B) comply with other applicable provisions of law.

Amendment No. 29 offered by ms. waters

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

SEC. 845. PREFERENCE FOR POTENTIAL CONTRACTORS THAT CARRY OUT CERTAIN ACTIVITIES.

In evaluating offers submitted in response to a solicitation for contracts, the Secretary of Defense shall provide a preference to any offeror that--

(1) enhances undergraduate, graduate, and doctoral programs in science, technology, engineering and math (in this section referred to as “STEM” disciplines);

(2) makes investments, such as programming and curriculum development, in STEM programs within elementary and secondary schools;

(3) encourages employees to volunteer in Title I schools in order to enhance STEM education and programs;

(4) makes personnel available to advise and assist faculty at such colleges and universities in the performance of STEM research and disciplines critical to the functions of the Department of Defense;

(5) establishes partnerships between the offeror and historically Black colleges and universities and minority institutions for the purpose of training students in scientific disciplines;

(6) awards scholarships and fellowships, and establishes cooperative work-education programs in scientific disciplines; or

(7) conducts recruitment activities at historically black colleges and universities and other minority-serving institutions or offers internships or apprenticeships.

Amendment No. 34 offered by ms. hayworth

Page 429, after line 13, insert the following:

SEC. 965. SENSE OF CONGRESS REGARDING THE PERFORMANCE OF COMMERCIALLY-AVAILABLE ACTIVITIES BY DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

(a) Sense of Congress.--It is the sense of Congress that--

(1) our Nation's economic strength is characterized by individual freedom and the competitive enterprise system, and as such, the Federal Government should not compete with its citizens and private enterprise;

(2) in recognition of this policy, the Government should rely on commercially available sources to provide commercial products and services and should not start or carry on any activity to provide a commercial product or service if the product or service can be procured more economically from a commercial source; and

(3) the Department of Defense should not convert the performance of any function from performance by a contractor to performance by Department of Defense civilian employees unless the function is inherently governmental in nature.

(b) Definition of Inherently Governmental.--In this section, the term “inherently governmental” has the meaning given that term in section 5(2) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 112 Stat. 2384; 31 U.S.C. 501 note).

Amendment No. 35 offered by mr. cuellar

Page 431, line 13, strike “Counter-Drug Activities” and insert “Counter-Drug Activities and Counter Transnational Criminal Activities”.

At the end of subtitle B of title X (page 434, after line 7), add the following new section:

SEC. 1015. MITIGATION OF NATIONAL SECURITY THREATS ALONG THE BORDER OF THE UNITED STATES AND MEXICO.

(a) Sense of Congress.--It is the sense of Congress that--

(1) the Secretary of Defense should continue to increase intelligence and technology sharing information and capability with the Secretary of Homeland Security and other agencies to mitigate national security threats along the international border between the United States and Mexico, including threats of infiltration and border breaches by transnational criminal organizations; and

(2) the Secretary of Defense should strongly consider operationally testing, along the international border between the United States and Mexico, emerging technology capabilities developed for the purposes of detection, intelligence, and surveillance.

(b) Congressional Briefing.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the effectiveness of the ongoing collaborative programs with the Government of Mexico intended to strengthen the capability of Mexican forces to detect and deter infiltration of the United States border and other national security threats by transnational crime organizations.

Amendment No. 36 offered by mr. hunter

Page 438, after line 2, insert the following:

SEC. 1022. NAMING OF NAVAL VESSEL AFTER UNITED STATES MARINE CORPS SERGEANT RAFAEL PERALTA.

Congress strongly encourages the Secretary of the Navy to name the next available Naval vessel after United States Marine Corps Sergeant Rafael Peralta.

Amendment No. 5 offered by mr. schiff

Page 113, after line 17, insert the following:

SEC. 317. HEALTH ASSESSMENT REPORTS REQUIRED WHEN WASTE IS DISPOSED OF IN OPEN-AIR BURN PITS.

Section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2250; 10 U.S.C. 2701 note) is amended--

(1) by redesignating subsection (c) as subsection (d); and

(2) by inserting after subsection (b) the following new subsection (c):

“(c) Health Assessment Reports.--Not later than 180 days after notice is due under subsection (a)(2), the Secretary shall submit to the Committee on Armed Services of the Senate and the House of Representatives a health assessment report on each open-air burn pit at a location where at least 100 personnel have been employed for 90 consecutive days or more. Each such report shall include each of the following:

“(1) An epidemiological description of the short-term and long-term health risks posed to personnel in the area where the burn pit is located because of exposure to the open-air burn pit.

“(2) A copy of the methodology used to determine the health risks described in paragraph (1).

“(3) A copy of the assessment of the operational risks and health risks when making the determination pursuant to subsection (a) that no alternative disposal method is feasible for the open-air burn pit.”.