[Congressional Record Volume 157, Number 24 (Tuesday, February 15, 2011)]
[House]
[Pages H858-H913]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FULL-YEAR CONTINUING APPROPRIATIONS ACT, 2011

  The SPEAKER pro tempore. Pursuant to House Resolution 92 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. 1.

                              {time}  2008


                     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. 1) making appropriations for the Department of Defense 
and the other departments and agencies of the Government for the fiscal 
year ending September 30, 2011, and for other purposes, with Mr. 
Conaway (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. 2, offered by the gentleman from Florida (Mr. Rooney), 
was pending.
  Mr. CHABOT. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. CHABOT. I rise in opposition to the gentleman's amendment.
  Mr. Chairman, as we debate the funding of a competing engine for the 
Joint Strike Fighter Program, there are a few key points that we should 
keep in mind.
  First, competition has long been the best way to control costs on 
large defense programs, and competition is the centerpiece of 
acquisition reform. By funding competing engines for the Joint Strike 
Fighter, we can save $21 billion. Let me repeat that, $21 billion 
savings in taxpayer money over time according to the Government 
Accountability Office.

                              {time}  2010

  Beyond the GAO's projections, our recent history demonstrates that 
competition also leads to a more efficient process, quicker innovation, 
and better contractor responsiveness. Recently, the Quadrennial Defense 
Review Independent Panel concluded, ``History has shown that the only 
reliable source of price reduction through the life of a program is 
competition between dual sources.'' Additionally, the absence of 
competition makes it harder to address the issues that inevitably arise 
in connection with sophisticated and critical technology, such as jet 
engines.
  Mr. Chairman, we are seeing such issues on the lead engine for the 
Joint Strike Fighter. Pratt & Whitney was designated to power the JSF 
aircraft under the theory that it could effectively derive an engine 
from its engine for the F-22. Unfortunately, it wasn't as easy as they 
had anticipated. As a result, the lead engine for the Joint Strike 
Fighter is now billions of dollars over budget and, worse, struggling 
to perform the critical functional requirements for the aircraft.
  I quote directly from the GAO report from March 2010: ``The Pratt 
engine is now estimated to cost about $7.3 billion, a 50 percent 
increase over the original contract award. The total projected cost 
increased $800 million in 2008. Engine development cost increases 
primarily resulted from higher costs for labor and materials, supplier 
problems, and the rework needed to correct deficiencies with an engine 
blade during redesign. Engine test problems have also slowed 
development.''
  The GAO further confirmed an additional total project cost increase 
of $1.2 billion in 2010 alone to cover higher than expected engine 
costs, tooling, and other items. And on February 11, 2011, yet another 
cost overrun on the lead engine was announced, this time totaling at 
least $1 billion, bringing total cost overruns on the lead engine to an 
astounding $3.5 billion today.
  The Department of Defense says we don't need a second engine, but 
these issues won't fix themselves. Only competition will help control 
costs and create a better, more efficient process. I ask you, How can 
we afford not to invest in a competing engine? Bottom line, having the 
engine makers fight head-to-head will give us a far more capable, more 
cost effective Joint Strike Fighter.
  I yield back the balance of my time.
  Mr. COURTNEY. I move to strike the last word.
  The Acting CHAIR. The gentleman from Connecticut is recognized for 5 
minutes.
  Mr. COURTNEY. Mr. Chair, I rise in support of the gentleman from 
Florida's amendment. And as a fellow member of the House Armed Services 
Committee, I just want to share at least some of the ad nauseam length 
of input that we have had at the Armed Services Committee over the last 
2 or 3 years talking about this issue.
  We have had the benefit of hearing from the warfighters, the heads of 
the various branches that are dealing with this program, whether it's 
the Marines, the Navy, the Air Force, and they have repeatedly, over 
the last 2 or 3 years, stated that there is no justification for this 
wasteful spending which, again, both the President and the Secretary of 
Defense have also supported.
  On the Seapower Subcommittee, which I serve on, Admiral Roughead, the 
CNO, head of the Navy, talked about the disastrous operational impact 
that having two engines would have in terms of our aircraft carriers. 
As he stated: ``One can look at a carrier and see a very large ship, 
but when

[[Page H859]]

that ship is deployed, we have things packed in almost every nook and 
cranny in order to provide that reliability and responsiveness. So 
having to stock two different types of engines is just not practical 
for us.''
  It would be totally unrealistic to have a situation where the F-35B 
and the F-35C, which are the planes which will land on our aircraft 
carriers, have to fly in with two separate engines that would require 
two separate systems of maintenance and repair. And the notion which 
was stated earlier by one of the prior speakers that they are somehow 
interchangeable--well, if we're going to have interchangeability, then 
we may as well just have one engine system which is, in fact, what we 
have today in terms of the F-18 Super Hornets which land on aircraft 
carriers every day of the year. It is one engine supplier which 
provides the engines for those Super Hornets, GE, and good for them. 
And as Admiral Roughead said, he really doesn't care which engine it 
is, but the Navy needs to have only one system in order for them to be 
operational on the 11 aircraft carriers that today make up a key 
component of our national defense.
  One person on the committee sort of suggested the fact that, well, 
maybe a way to solve that problem would be to have GE aircraft carriers 
and Pratt & Whitney aircraft carriers which, again, kind of I think 
highlights the absurdity of the notion that you are going to have two 
separate engine systems on these vessels on which every square inch is 
precious.
  Mr. Chair, we have heard a lot of talk about competition. I'm sure 
there is going to be lots of rebuttal about the fact that there was a 
competition which led into the selection of the Pratt & Whitney engine. 
But what I would just end with is that competition is one thing; 
redundancy and waste is another.
  We do not have two of everything in terms of our procurement systems. 
We did not have two engines for Blackhawk helicopters. We did not have 
two engines for F-18s or our ships. We don't have two nuclear reactor 
systems for our submarines, for our aircraft carriers. We don't have 
two separate engines for our destroyers.
  The fact of the matter is you have to make decisions sometimes in 
order to achieve efficiency, and that's where we are today with the F-
35 program. The notion that we are going to add $3 billion to 
production costs by having a separate alternate engine and all of the 
rippling effects of operational headaches which Admiral Roughead 
eloquently described before the Armed Services Committee is just not 
something that our military can afford today.
  We have reached a tipping point in terms of our military budgets. We 
have got to focus on effective, efficient use of resources to help the 
warfighter and to advance our national security. And having a bloated, 
wasteful system of an alternate engine, which is the way The Washington 
Post described this program, is not the way to achieve that goal.
  I strongly support this amendment and urge my colleagues to pass this 
amendment for a cost-effective, efficient use of our resources for our 
national defense.
  I yield back the balance of my time.
  Mrs. SCHMIDT. Mr. Chair, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Ohio is recognized for 5 
minutes.
  Mrs. SCHMIDT. Mr. Chair, I rise today to strongly urge my colleagues 
to vote ``no'' on this amendment. This is the wrong way to go at our 
critical hour of need. Congress has consistently provided funding for 
the development of the alternative engine because Congress knows full 
well the benefits of competition in weapons acquisition and 
procurement.
  Last session, we passed the Weapons Systems Acquisition Reform Act of 
2009, 411-0 in favor, and, in fact, our Senate colleagues agreed with 
95-0. If there is such overwhelming bipartisan agreement in both 
Chambers on the need for competition in weapons systems acquisition, 
then why are we taking a vote to eliminate competition for the 
propulsion system that is going to power 95 percent of our tactical 
fighter fleet over the next 40 years?
  Section 202 of the Weapons Systems Acquisition Reform Act clearly 
states, ``The Secretary of Defense shall ensure that the acquisition 
strategy for each major defense acquisition program includes measures 
to ensure competition throughout the life cycle of such program.''
  The Joint Strike Fighter is the Department of Defense's largest 
procurement program. The Department of Defense plan calls for acquiring 
nearly 2,500 Joint Strike Fighters. Hundreds of additional F-35s were 
expected to be purchased by U.S. allies. If the propulsion system that 
powers nearly 3,000 tactical jet fighters is not a major defense 
acquisition, then I'm not sure what qualifies.
  Passing this amendment will hand Pratt & Whitney a $100 billion 
monopoly on a 30-year contract that has never been competitively bid. 
Proponents of this amendment will argue that Pratt & Whitney won the 
engine competition when Lockheed was awarded the contract to develop a 
Joint Strike Fighter. Not so fast.
  Last May, Mr. John Roth, from the Office of the Under Secretary of 
Defense Comptroller, and Mr. Mike Sullivan, the Director of Acquisition 
and Sourcing Management at the GAO, both testified before the House 
Oversight and Government Reform's Subcommittee on National Security and 
Foreign Affairs that the competition was done at the contractor level 
and that the engines were never actually competed.
  The point of all this, Mr. Chair, is that the engine competition 
never occurred, and it is disingenuous to argue that Pratt & Whitney 
has already won. The fact is that providing funds for the competitive 
alternate engine will ultimately drive down costs, improve product 
quality and contractor responsiveness, drive technological innovation, 
and ensure that taxpayer dollars are not wasted.

                              {time}  2020

  History shows that competing engines can result in significant long-
term savings. The ``Great Engine War'' saved the F16 program 21 percent 
in overall costs according to the 2007 GAO report. This represents $20 
billion in savings for the lifetime of the Joint Strike Fighter Engine 
program.
  Additionally, the alternative engine team represented by GE and 
Rolls-Royce offered the Department of Defense a fixed-priced contract. 
Their offer saves $1 billion in the first 5 years and puts cost 
overruns at the risk of the contractor. This is an unprecedented move 
in major defense acquisition.
  Finally, providing for a competitive alternate engine will serve as a 
hedge against operational risk and ensure that a fighter that makes up 
95 percent of our tactical fleet is not grounded due to engine 
failures.
  Fully funding the alternative engine is not only prudent risk 
management, but an acknowledgment of the fundamental responsibility 
that Congress has to protect and provide the most reliable equipment to 
our men and women in uniform.
  Mr. Chairman, I urge my colleagues to vote ``no'' on this ill-guided 
amendment. It will not save taxpayers money in the long run. I'm not 
even sure it's really going to save them money in the short run.
  I yield back my time.
  Mr. LARSON of Connecticut. I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. LARSON of Connecticut. Mr. Chairman, I rise in support of the 
amendment by Tom Rooney of Florida. Let me commend my colleague from 
Florida, first and foremost, and those that have joined him in this 
amendment.
  At the President's State of the Union message there was a symbolic 
gesture in this Chamber for us to sit together, and we did. And we 
talked about the camaraderie and the need to reach out and work 
together.
  I applaud my colleague for his strong stance and his willingness to 
work bipartisanly to do what the Navy, the Air Force, the Marines, the 
Secretary of Defense, the Bush administration and the Obama 
administration have asked Congress to do: end this wasteful, 
duplicative spending.
  There are new Members that have come to Congress on both sides with 
new zeal and the ability to perhaps look outside the beltway at what 
people have to experience on a regular

[[Page H860]]

basis, and they scratch their heads in awe of what seems to be a 
commonsense proposal by the Bush administration, by the Obama 
administration, by the Air Force, by the Marines, and by the Navy, and 
that's to end this wasteful spending.
  We've heard great talk about competition. My God, I'm all for 
competition. I don't think there isn't a person who isn't for 
competition. Two engines, why not three? Why not four? It would be 
better overall for our industrial base.
  But the people on the committee know the hard truth, as do all 
Americans. We've seen it. I fault no one for support of the interest of 
their State or their district or their employees, but let's be honest 
about this. We're going to have to make priorities. I've witnessed it 
in the C-17 and the F-22. And there comes a time when you recognize 
that we need these precious dollars. There has to be cuts. Both sides 
have acknowledged, and again I want to compliment my colleagues on the 
other side for the zeal that they have come here with to say, listen, 
the Pentagon isn't sacrosanct either, and we have to make these cuts.
  And here's the Secretary of Defense pleading yesterday at a 
conference saying, please, the Navy, the Marines, the Air Force do not 
want this engine.
  Look, competition is great, but let's look at some of the facts here 
that have been cited as well. If you have 86 percent of the market 
currently, and you're seeking to get 92 percent of it, where does 
competition lie? With a company that has 86 percent? I don't think so.
  And I think anyone who looks at this from a commonsense perspective 
comes to that understanding, comes to that difficult decision that has 
to be made with respect to the Nation's deficit.
  Now, Mr. Rooney has proposed that this money go directly into a lock 
box to deal with the Nation's deficit. There are a lot of good 
proposals where to use money, but that's what he's proposed. I submit, 
as a Democrat who would like to see the money going to COPS funding, to 
make sure that LIHEAP funding gets there, that these are the kinds of 
compromises and decisions that we have to make. And this is what's 
right for the country. We have to address this deficit.
  And if we have our leadership, the Bush administration, and their 
Pentagon, the Obama administration, you heard Joe Courtney talk about 
Admiral Roughead again saying today the absurdity involved in this 
argument.
  It doesn't matter what company. What matters is this country. I 
strongly support his amendment.
  Mr. DOLD. I move to strike the last word.
  The Acting CHAIR. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. DOLD. Mr. Chairman, I rise today in support of the amendment. At 
a time when we're running at $1.48 trillion deficits, the President's 
budget actually talks about a $1.6 trillion deficit. We're looking at 
debts of $14 trillion.
  We have to tighten our belt. There is no question about it. The 
American public's doing it. We've asked the American families and 
businesses across the land to tighten their belts in order to get by. 
The Federal Government should be no different.
  Now, we are very strong on defense. We want to make sure that those 
that are in harm's way have everything at their disposal to make sure 
that they can do the task that we've asked them to do. This, however is 
the program that the Department of Defense, the Secretary of Defense 
has said we don't need it, we don't want it. We need to make sure that 
we are cutting back across the board in terms of all different 
Departments. We need to go into every single one and say, where are the 
areas that we can cut back? Where is there duplication? Where are there 
areas that we can find that we don't need to spend today? This is a 
program that will save the American taxpayer $3 billion.
  Now, we admit, competition is good. But why not three engines? Why 
not four engines? The reason why, as someone said, is we can't afford 
it. We can't afford two right now. We want to make sure that the engine 
that's out there, the one that has been awarded by the Department of 
Defense, has the opportunity to move forward. It is the base for the F-
22. It certainly has proved itself in terms of a base engine. They're 
making improvements, but this is an engine that they've invested over 
20,000 flight hours in. This is something that is going to move 
forward. The question is, are we going to fund an additional engine?
  I think that we need to talk about saving dollars, saving $3 billion 
when both the Bush administration, the current administration right 
now, and the Department of Defense, the Secretary of Defense--and when 
was the last time you heard any of the Secretaries advocating that we 
don't need this money?

                              {time}  2030

  This is probably a very historic moment. They are absolutely, 100 
percent looking out for the safety of those that wear the uniform.
  I am going to urge my colleagues that we have to step forward, we 
have to cut back on areas, and this is an area that the Secretary of 
Defense has said we need to cut back on. I am going to urge you to vote 
``yes'' in favor of this amendment.
  I yield back the balance of my time.
  Mr. MURPHY of Connecticut. Mr. Chairman, I move to strike the last 
word.
  The Acting CHAIR. The gentleman from Connecticut is recognized for 5 
minutes.
  Mr. MURPHY of Connecticut. I rise in strong support of the amendment 
from the gentleman from Florida.
  Cutting spending is not easy, but this one should be. I think the 
gentleman hit it right on the head. You are talking about the 
Department of Defense, the Secretary of Defense, the President, the 
generals who command the field all recommending against the development 
of a second engine. We should listen.
  Now, we have heard a lot of discussion tonight, as we have when we've 
debated this issue in the past, about the dual issues of both quality 
and cost. But if this was really about the issues of both quality and 
cost, then we wouldn't just be talking about building a second engine. 
We would be talking about building a second plane; we would be talking 
about building a second aircraft carrier.
  But as Representative Courtney so eloquently stated, the reason that 
we aren't talking about competitive bidding for a second plane, the 
reason why we aren't talking about two or three different aircraft 
carriers is that our generals, our military professionals have told us 
over and over again that it would be a tactical and operational 
nightmare to have a diversity of operational platforms with respect to 
these large operating systems.
  This isn't about quality in the end, because the Army, the Navy, the 
Secretary of Defense tell us that it's not about quality.
  If this was really about quality and cost, then we would have actual 
real competition. But we're not going to have real actual competition. 
What we know about these competitive bidding arrangements is that there 
is an explicit or implicit floor in the amount of business that you 
get. So whichever one of these engines is the inferior engine or the 
more costly engine is going to, on average, get about 40 percent of the 
business on an annual basis. That's not real competition.
  If we want to talk about real competition, then there has to be real 
winners and losers here. That's not what is going on in the proposal 
before us. And if this was really about quality and cost, then we 
wouldn't have two other tactical aircraft programs that have a single 
engine and also have a near spotless record of performance and cost 
control.
  We know how this works in other major aircraft acquisition programs. 
Single engines work. They have worked.
  I think in the end, though, this is really just about who we listen 
to. I have great respect for the Members of this Congress who have 
served for years on the Armed Services Committee; but I think that when 
we get such unanimity of opinion, such uniformness of opinion from our 
military generals, from the Department of Defense, and the men and 
women who are going to be flying these planes, we should listen.
  We should listen because it's the right thing to do for them, and we 
should listen because $3 billion isn't

[[Page H861]]

easy to cut out of the budget. But it's a lot easier when we have the 
people that are going to be handling the aircraft and the equipment 
telling us it's the right thing to do. I rise in support of the 
amendment.
  Mr. KINGSTON. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Georgia is recognized for 5 
minutes.
  Mr. KINGSTON. Mr. Chairman, I rise in opposition to this amendment.
  This amendment is contrary to the interests of taxpayers and our 
military. It is not a cost-saving amendment. It is an anti-competition 
amendment. Therefore, it will cost us more money in the long run.
  It is recognized that the Department of Defense suffers from a lack 
of competition and acquisition process. Sole-source contracts already 
account for $140 billion, or 38 percent, of the $366 billion that DOD 
spent on contracts in fiscal year 2010.
  We know from experience that competing the engine on the F-35 is 
likely to both save money and improve the performance on both engines. 
It's not me saying that; the GAO and DOD's own internal studies have 
said it.
  DOD says it will cost $2.9 billion to develop an alternative engine, 
although GAO says it may be much less. The F-35 will cost about $100 
billion. GAO's analysis suggests a savings of about 20 percent in 
procurement, with an additional savings over the life cycle of the 
programs. The alternative engine would more than pay for itself in 
future savings, even putting aside the potential benefits in 
performance.
  The power of our tactical Air Force is utterly dependent on the 
success of the F-35 program. The total cost is approaching $400 
billion. The air frame and the engine portions of the program have been 
riddled with cost growth throughout the development effort.
  Are we to say that it is unreasonable to spend $450 million to ensure 
that our fighter pilots have the best aircraft and the best engine 
possible? I'm convinced that competition will make both engine variants 
of the F-35 better.
  And why do we think DOD can stand on a principle that has been proven 
over and over again in the marketplace? Competition leads to lower cost 
and better performance. Our fighters deserve this.
  The DOD's position against this engine has been shown to be faulty on 
analysis and driven only by short-term budget considerations. The 
independent QDR review panel last year stated: ``History has shown that 
the only reliable source of price reduction throughout the life of a 
program is competition between dual sources.''
  This amendment ignores that history. It will not save money and risks 
the combat effectiveness of our Air Force. Mr. Speaker, I oppose the 
amendment.
  I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. Only inside the Washington, D.C. beltway could we be 
having this debate.
  The taxpayers are demanding that we tighten our belts and save money. 
The Pentagon says, let's go ahead with the single engine procurement, 
which resulted from a competition, which is a quality engine.
  Now, if that engine has problems, someone at the Pentagon should be 
fired. If there was problems with the original competition, a lot of 
people at the Pentagon should be fired. And maybe we ought to look at 
overhauling the procurement process.
  But to say now, well, we've got a good engine. They want a 
competition. But we've got another company that really wishes it had 
won the competition but didn't win the competition, and now they still 
want to build an engine and the taxpayers should subsidize it, Which is 
what this is all about. It only costs $2.9 billion for them to develop 
an alternative engine. Only $2.9 billion. Inside the Washington, D.C. 
beltway that's not real money.
  I guess the joke is, inside the Washington, D.C. beltway, how many 
jet engines does it take to fly a single engine fighter? Now, most 
Americans would think, well, that's probably not a joke, and it would 
be one. Right? No. It's two.
  Now, if we need two on the ground, maybe we need two in the air. 
Maybe we ought to redesign the plane and put two engines in the tail, 
one from one company and one from the other. In case one flames out, 
we've got one left at least to bring the plane back. I mean, if we're 
so worried about reliability, maybe we just ought to start all over 
again. Come on, guys. Let's not be ridiculous here.
  Two supply chains. Two sets of mechanics. Two sets of spare parts. 
Oh, wait a minute. This plane broke down over here and the mechanic 
there and the spare parts are for the other one. Oh, we've got to keep 
them sorted out by which engine they've got, where they are, where 
they'll fly in the world, what mission they'll go on, which mechanics 
we send, which supply chain we send for it.
  No, this is not going to save money. This is not going to save money. 
If you did a crappy procurement, then fix it; but don't say let's do 
another procurement in the way the Pentagon always does things, which 
will inevitably be another cost overrun procurement.
  So it won't only cost $2.9 billion to develop the alternative engine. 
We'll hear 6 months from now, a year from now, Oh, well, we thought we 
could develop an alternative for 2.9, but it will be 10. But don't 
worry. It will still bring down the overall cost.
  Support this amendment. Support common sense. Stand up for the 
taxpayers, and stand up for the military which says we don't need a 
second engine for this plane. They are the guys who fly them.

                              {time}  2040

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Florida (Mr. Rooney).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. ROONEY. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Florida will 
be postponed.
  Mr. FRELINGHUYSEN. Mr. Chairman, I ask unanimous consent that the 
remainder of the bill through page 127, line 17, be considered as read, 
printed in the Record and open to amendment at any point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  There was no objection.
  The text of that portion of the bill is as follows:

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $26,742,405,000, to remain 
     available for obligation until September 30, 2012.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $20,797,412,000, to 
     remain available for obligation until September 30, 2012:  
     Provided, That of the funds made available in this paragraph, 
     $3,200,000 shall only be available for program management and 
     oversight of innovative research and development.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $194,910,000, to remain available for obligation 
     until September 30, 2012.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,434,536,000.

                     National Defense Sealift Fund

       For National Defense Sealift Fund programs, projects, and 
     activities, and for expenses of the National Defense Reserve 
     Fleet, as established by section 11 of the Merchant Ship 
     Sales Act of 1946 (50 U.S.C. App. 1744), and for the 
     necessary expenses to

[[Page H862]]

     maintain and preserve a U.S.-flag merchant fleet to serve the 
     national security needs of the United States, $1,474,866,000, 
     to remain available until expended:  Provided, That none of 
     the funds provided in this paragraph shall be used to award a 
     new contract that provides for the acquisition of any of the 
     following major components unless such components are 
     manufactured in the United States: auxiliary equipment, 
     including pumps, for all shipboard services; propulsion 
     system components (engines, reduction gears, and propellers); 
     shipboard cranes; and spreaders for shipboard cranes:  
     Provided further, That the exercise of an option in a 
     contract awarded through the obligation of previously 
     appropriated funds shall not be considered to be the award of 
     a new contract:  Provided further, That the Secretary of the 
     military department responsible for such procurement may 
     waive the restrictions in the first proviso on a case-by-case 
     basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that adequate domestic supplies are not available to meet 
     Department of Defense requirements on a timely basis and that 
     such an acquisition must be made in order to acquire 
     capability for national security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense as 
     authorized by law, $31,382,198,000; of which $29,671,764,000 
     shall be for operation and maintenance, of which not to 
     exceed 1 percent shall remain available until September 30, 
     2012, and of which up to $16,212,121,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $534,921,000, to remain available for obligation until 
     September 30, 2013, shall be for procurement; and of which 
     $1,175,513,000, to remain available for obligation until 
     September 30, 2012, shall be for research, development, test 
     and evaluation:  Provided, That, notwithstanding any other 
     provision of law, of the amount made available under this 
     heading for research, development, test and evaluation, not 
     less than $10,000,000 shall be available for HIV prevention 
     educational activities undertaken in connection with United 
     States military training, exercises, and humanitarian 
     assistance activities conducted primarily in African nations.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions, to include construction of facilities, 
     in accordance with the provisions of section 1412 of the 
     Department of Defense Authorization Act, 1986 (50 U.S.C. 
     1521), and for the destruction of other chemical warfare 
     materials that are not in the chemical weapon stockpile, 
     $1,467,307,000, of which $1,067,364,000 shall be for 
     operation and maintenance, of which no less than 
     $111,178,000, shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $35,130,000 for 
     activities on military installations and $76,048,000, to 
     remain available until September 30, 2012, to assist State 
     and local governments; $7,132,000 shall be for procurement, 
     to remain available until September 30, 2013; and 
     $392,811,000, to remain available until September 30, 2012, 
     shall be for research, development, test and evaluation, of 
     which $385,868,000 shall only be for the Assembled Chemical 
     Weapons Alternatives (ACWA) program.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for operation and 
     maintenance; for procurement; and for research, development, 
     test and evaluation, $1,156,957,000:  Provided, That the 
     funds appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred:  Provided further, 
     That upon a determination that all or part of the funds 
     transferred from this appropriation are not necessary for the 
     purposes provided herein, such amounts may be transferred 
     back to this appropriation:  Provided further, That the 
     transfer authority provided under this heading is in addition 
     to any other transfer authority contained elsewhere in this 
     Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $306,794,000, of which 
     $305,794,000 shall be for operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended on the approval or 
     authority of the Inspector General, and payments may be made 
     on the Inspector General's certificate of necessity for 
     confidential military purposes; and of which $1,000,000, to 
     remain available until September 30, 2013, shall be for 
     procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $292,000,000.

               Intelligence Community Management Account

       For necessary expenses of the Intelligence Community 
     Management Account, $649,732,000.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense:  Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher:  Provided further, That, in the case of a host 
     nation that does not provide salary increases on an annual 
     basis, any increase granted by that nation shall be 
     annualized for the purpose of applying the preceding proviso: 
      Provided further, That this section shall not apply to 
     Department of Defense foreign service national employees 
     serving at United States diplomatic missions whose pay is set 
     by the Department of State under the Foreign Service Act of 
     1980:  Provided further, That the limitations of this 
     provision shall not apply to foreign national employees of 
     the Department of Defense in the Republic of Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year:  Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                          (transfer of funds)

       Sec. 8005.  Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $4,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the Department of Defense for 
     military functions (except military construction) between 
     such appropriations or funds or any subdivision thereof, to 
     be merged with and to be available for the same purposes, and 
     for the same time period, as the appropriation or fund to 
     which transferred:  Provided, That such authority to transfer 
     may not be used unless for higher priority items, based on 
     unforeseen military requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by the Congress:  
     Provided further, That the Secretary of Defense shall notify 
     the Congress promptly of all transfers made pursuant to this 
     authority or any other authority in this Act:  Provided 
     further, That no part of the funds in this Act shall be 
     available to prepare or present a request to the Committees 
     on Appropriations for reprogramming of funds, unless for 
     higher priority items, based on unforeseen military 
     requirements, than those for which originally appropriated 
     and in no case where the item for which reprogramming is 
     requested has been denied by the Congress:  Provided further, 
     That a request for multiple reprogrammings of funds using 
     authority provided in this section shall be made prior to 
     June 30, 2011:  Provided further, That transfers among 
     military personnel appropriations shall not be taken into 
     account for purposes of the limitation on the amount of funds 
     that may be transferred under this section.
       Sec. 8006. (a) With regard to the list of specific 
     programs, projects, and activities (and the dollar amounts 
     and adjustments to budget activities corresponding to such 
     programs, projects, and activities) contained in the tables 
     titled ``Explanation of Project Level Adjustments'' in the 
     explanatory statement regarding this Act, the obligation and 
     expenditure of amounts appropriated or otherwise made 
     available in this Act for those programs, projects, and 
     activities for which the amounts appropriated exceed the 
     amounts requested are hereby required by law to be carried 
     out in the manner provided by such tables to the same extent 
     as if the tables were included in the text of this Act.
       (b) Amounts specified in the referenced tables described in 
     subsection (a) shall not be treated as subdivisions of 
     appropriations for purposes of section 8005 of this Act:  
     Provided, That section 8005 shall apply when transfers of the 
     amounts described in subsection (a) occur between 
     appropriation accounts.

[[Page H863]]

       Sec. 8007. (a) Not later than 60 days after enactment of 
     this Act, the Department of Defense shall submit a report to 
     the congressional defense committees to establish the 
     baseline for application of reprogramming and transfer 
     authorities for fiscal year 2011:  Provided, That the report 
     shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by budget activity and program, project, and activity as 
     detailed in the Budget Appendix; and
       (3) an identification of items of special congressional 
     interest.
       (b) Notwithstanding section 8005 of this Act, none of the 
     funds provided in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional defense 
     committees, unless the Secretary of Defense certifies in 
     writing to the congressional defense committees that such 
     reprogramming or transfer is necessary as an emergency 
     requirement.
       Sec. 8008.  The Secretaries of the Air Force and the Army 
     are authorized, using funds available under the headings 
     ``Operation and Maintenance, Air Force'' and ``Operation and 
     Maintenance, Army'', to complete facility conversions and 
     phased repair projects which may include upgrades and 
     additions to Alaskan range infrastructure and training areas, 
     and improved access to these ranges.

                          (transfer of funds)

       Sec. 8009.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds:  Provided, That transfers may be made between 
     such funds:  Provided further, That transfers may be made 
     between working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer. Except in 
     amounts equal to the amounts appropriated to working capital 
     funds in this Act, no obligations may be made against a 
     working capital fund to procure or increase the value of war 
     reserve material inventory, unless the Secretary of Defense 
     has notified the Congress prior to any such obligation.
       Sec. 8010.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8011.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award:  Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability:  Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act:  Provided further, That no 
     multiyear procurement contract can be terminated without 10-
     day prior notification to the congressional defense 
     committees:  Provided further, That the execution of 
     multiyear authority shall require the use of a present value 
     analysis to determine lowest cost compared to an annual 
     procurement:  Provided further, That none of the funds 
     provided in this Act may be used for a multiyear contract 
     executed after the date of the enactment of this Act unless 
     in the case of any such contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
        Funds appropriated in title III of this Act may be used 
     for a multiyear procurement contract as follows:
        Navy MH-60R/S Helicopter Systems.
       Sec. 8012.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of chapter 20 of title 10, 
     United States Code, and these obligations shall be reported 
     as required by section 401(d) of title 10, United States 
     Code:  Provided, That funds available for operation and 
     maintenance shall be available for providing humanitarian and 
     similar assistance by using Civic Action Teams in the Trust 
     Territories of the Pacific Islands and freely associated 
     states of Micronesia, pursuant to the Compact of Free 
     Association as authorized by Public Law 99-239:  Provided 
     further, That upon a determination by the Secretary of the 
     Army that such action is beneficial for graduate medical 
     education programs conducted at Army medical facilities 
     located in Hawaii, the Secretary of the Army may authorize 
     the provision of medical services at such facilities and 
     transportation to such facilities, on a nonreimbursable 
     basis, for civilian patients from American Samoa, the 
     Commonwealth of the Northern Mariana Islands, the Marshall 
     Islands, the Federated States of Micronesia, Palau, and Guam.
       Sec. 8013. (a) During fiscal year 2011, the civilian 
     personnel of the Department of Defense may not be managed on 
     the basis of any end-strength, and the management of such 
     personnel during that fiscal year shall not be subject to any 
     constraint or limitation (known as an end-strength) on the 
     number of such personnel who may be employed on the last day 
     of such fiscal year.
       (b) The fiscal year 2012 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2012 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2012.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8014.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8015.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment:  Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987:  Provided further, 
     That this section applies only to active components of the 
     Army.
       Sec. 8016. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers 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 Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);

[[Page H864]]

       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                          (transfer of funds)

       Sec. 8017.  Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8018.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States:  Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process):  Provided 
     further, That for the purpose of this section substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States:  Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8019.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8020.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region:  Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021.  In addition to the funds provided elsewhere in 
     this Act, $15,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544):  Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making Appropriations for the Department of Defense with 
     respect to any fiscal year:  Provided further, That 
     notwithstanding section 430 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8022.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8023.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section:  Provided, That upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8024. (a) Of the funds made available in this Act, not 
     less than $30,374,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $27,048,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counterdrug 
     activities, and drug demand reduction activities involving 
     youth programs;
       (2) $2,424,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $902,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8025. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2011 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2011, 
     not more than 5,750 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,125 staff years may be funded for 
     the defense studies and analysis FFRDCs:  Provided further, 
     That this subsection shall not apply to staff years funded in 
     the National Intelligence Program (NIP) and the Military 
     Intelligence Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2012 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $125,000,000.
       Sec. 8026.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy 
     or armor steel plate for use in any Government-owned facility 
     or property under the control of the Department of Defense 
     which were not melted and rolled in the United States or 
     Canada:  Provided, That these procurement restrictions shall 
     apply to any and all Federal Supply Class 9515, American 
     Society of Testing and Materials (ASTM) or American Iron and 
     Steel Institute (AISI) specifications of carbon, alloy or 
     armor steel plate:  Provided further, That the Secretary of 
     the military department responsible for the procurement may 
     waive this restriction on a case-by-case basis by certifying 
     in writing to the Committees on Appropriations of the House 
     of Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8027.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.

[[Page H865]]

       Sec. 8028.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms:  Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids:  Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8029. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2011. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8030.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account established by section 
     2921(c)(1) of the National Defense Authorization Act of 1991 
     (Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
     until expended for the payments specified by section 
     2921(c)(2) of that Act.
       Sec. 8031. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
       Sec. 8032.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.
       Sec. 8033. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2012 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2012 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2012 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8034.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2012:  Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
      Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947, as amended, shall 
     remain available until September 30, 2012.
       Sec. 8035.  Notwithstanding any other provision of law, 
     funds made available in this Act for the Defense Intelligence 
     Agency may be used for the design, development, and 
     deployment of General Defense Intelligence Program 
     intelligence communications and intelligence information 
     systems for the Services, the Unified and Specified Commands, 
     and the component commands.
       Sec. 8036.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8037. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality competitive, and 
     available in a timely fashion.
       Sec. 8038.  None of the funds appropriated by this Act 
     shall be available for a contract for studies, analysis, or 
     consulting services entered into without competition on the 
     basis of an unsolicited proposal unless the head of the 
     activity responsible for the procurement determines--
       (1) as a result of thorough technical evaluation, only one 
     source is found fully qualified to perform the proposed work;
       (2) the purpose of the contract is to explore an 
     unsolicited proposal which offers significant scientific or 
     technological promise, represents the product of original 
     thinking, and was submitted in confidence by one source; or
       (3) the purpose of the contract is to take advantage of 
     unique and significant industrial accomplishment by a 
     specific concern, or to insure that a new product or idea of 
     a specific concern is given financial support:  Provided, 
     That this limitation shall not apply to contracts in an 
     amount of less than $25,000, contracts related to 
     improvements of equipment that is in development or 
     production, or contracts as to which a civilian official of 
     the Department of Defense, who has been confirmed by the 
     Senate, determines that the award of such contract is in the 
     interest of the national defense.
       Sec. 8039. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or
       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and Senate that the granting of the waiver 
     will reduce the personnel requirements or the financial 
     requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program; or
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats; or

[[Page H866]]

       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense.
       Sec. 8040.  The Secretary of Defense, notwithstanding any 
     other provision of law, acting through the Office of Economic 
     Adjustment of the Department of Defense, may use funds made 
     available in this Act under the heading ``Operation and 
     Maintenance, Defense-Wide'' to make grants and supplement 
     other Federal funds in accordance with the guidance provided 
     in the explanatory statement regarding this Act.

                             (rescissions)

       Sec. 8041.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2009/2011'', $86,300,000;
       ``Other Procurement, Army, 2009/2011'', $147,600,000;
       ``Aircraft Procurement, Navy, 2009/2011'', $26,100,000;
       ``Aircraft Procurement, Air Force, 2009/2011'', 
     $116,900,000;
       ``Aircraft Procurement, Army, 2010/2012'', $14,000,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, Army, 
     2010/2012'', $36,000,000;
       ``Missile Procurement, Army, 2010/2012'', $9,171,000;
       ``Aircraft Procurement, Navy, 2010/2012'', $184,847,000;
       ``Procurement of Ammunition, Navy and Marine Corps, 2010/
     2012'', $11,576,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     2010/2014'': DDG-51 Destroyer, $22,000,000;
       ``Other Procurement, Navy, 2010/2012'', $9,042,000;
       ``Aircraft Procurement, Air Force, 2010/2012'', 
     $151,300,000;
       ``Other Procurement, Air Force, 2010/2012'', $36,600,000;
       ``Research, Development, Test and Evaluation, Army, 2010/
     2011'', $53,500,000;
       ``Research, Development, Test and Evaluation, Air Force, 
     2010/2011'', $198,600,000; and
       ``Research, Development, Test and Evaluation, Defense-Wide, 
     2010/2011'', $10,000,000.
       Sec. 8042.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     (civilian) technicians of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     (civilian) technicians, unless such reductions are a direct 
     result of a reduction in military force structure.
       Sec. 8043.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose.
       Sec. 8044.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program:  Provided, That 
     nothing in this section authorizes deviation from established 
     Reserve and National Guard personnel and training procedures.
       Sec. 8045.  During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2003, 
     level:  Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8046. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction and counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8047.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin:  Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8048.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes that is not available from United States 
     manufacturers.
       Sec. 8049.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8050. (a) Notwithstanding any other provision of law, 
     none of the funds available to the Department of Defense for 
     the current fiscal year may be obligated or expended to 
     transfer to another nation or an international organization 
     any defense articles or services (other than intelligence 
     services) for use in the activities described in subsection 
     (b) unless the congressional defense committees, the 
     Committee on Foreign Affairs of the House of Representatives, 
     and the Committee on Foreign Relations of the Senate are 
     notified 15 days in advance of such transfer.
       (b) This section applies to--
       (1) any international peacekeeping or peace-enforcement 
     operation under the authority of chapter VI or chapter VII of 
     the United Nations Charter under the authority of a United 
     Nations Security Council resolution; and
       (2) any other international peacekeeping, peace-
     enforcement, or humanitarian assistance operation.
       (c) A notice under subsection (a) shall include the 
     following--
       (1) A description of the equipment, supplies, or services 
     to be transferred.
       (2) A statement of the value of the equipment, supplies, or 
     services to be transferred.
       (3) In the case of a proposed transfer of equipment or 
     supplies--
       (A) a statement of whether the inventory requirements of 
     all elements of the Armed Forces (including the reserve 
     components) for the type of equipment or supplies to be 
     transferred have been met; and
       (B) a statement of whether the items proposed to be 
     transferred will have to be replaced and, if so, how the 
     President proposes to provide funds for such replacement.
       Sec. 8051.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8052.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8053.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note):  
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and

[[Page H867]]

     recorded against the expired account:  Provided further, That 
     the total amount charged to a current appropriation under 
     this section may not exceed an amount equal to 1 percent of 
     the total appropriation for that account.
       Sec. 8054. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.
       Sec. 8055.  Using funds made available by this Act or any 
     other Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany:  Provided, That 
     in the City of Kaiserslautern and at the Rhine Ordnance 
     Barracks area, such agreements will include the use of United 
     States anthracite as the base load energy for municipal 
     district heat to the United States Defense installations:  
     Provided further, That at Landstuhl Army Regional Medical 
     Center and Ramstein Air Base, furnished heat may be obtained 
     from private, regional or municipal services, if provisions 
     are included for the consideration of United States coal as 
     an energy source.
       Sec. 8056.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements:  Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use:  Provided further, That this restriction 
     does not apply to programs funded within the National 
     Intelligence Program:  Provided further, That the Secretary 
     of Defense may waive this restriction on a case-by-case basis 
     by certifying in writing to the Committees on Appropriations 
     of the House of Representatives and the Senate that it is in 
     the national security interest to do so.
       Sec. 8057.  None of the funds made available in this Act 
     may be used to approve or license the sale of the F-22A 
     advanced tactical fighter to any foreign government:  
     Provided, That the Department of Defense may conduct or 
     participate in studies, research, design and other activities 
     to define and develop a future export version of the F-22A 
     that protects classified and sensitive information, 
     technologies and U.S. warfighting capabilities.
       Sec. 8058. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     11 (chapters 50-65) of the Harmonized Tariff Schedule and 
     products classified under headings 4010, 4202, 4203, 6401 
     through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 
     7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 
     8215, and 9404.
       Sec. 8059. (a) None of the funds made available by this Act 
     may be used to support any training program involving a unit 
     of the security forces or police of a foreign country if the 
     Secretary of Defense has received credible information from 
     the Department of State that the unit has committed a gross 
     violation of human rights, unless all necessary corrective 
     steps have been taken.
       (b) The Secretary of Defense, in consultation with the 
     Secretary of State, shall ensure that prior to a decision to 
     conduct any training program referred to in subsection (a), 
     full consideration is given to all credible information 
     available to the Department of State relating to human rights 
     violations by foreign security forces.
       (c) The Secretary of Defense, after consultation with the 
     Secretary of State, may waive the prohibition in subsection 
     (a) if he determines that such waiver is required by 
     extraordinary circumstances.
       (d) Not more than 15 days after the exercise of any waiver 
     under subsection (c), the Secretary of Defense shall submit a 
     report to the congressional defense committees describing the 
     extraordinary circumstances, the purpose and duration of the 
     training program, the United States forces and the foreign 
     security forces involved in the training program, and the 
     information relating to human rights violations that 
     necessitates the waiver.
       Sec. 8060.  None of the funds appropriated or made 
     available in this Act to the Department of the Navy shall be 
     used to develop, lease or procure the T-AKE class of ships 
     unless the main propulsion diesel engines and propulsors are 
     manufactured in the United States by a domestically operated 
     entity:  Provided, That the Secretary of Defense may waive 
     this restriction on a case-by-case basis by certifying in 
     writing to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes or there exists a significant cost or 
     quality difference.
       Sec. 8061.  None of the funds appropriated or otherwise 
     made available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8062.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     30 days after a report, including a description of the 
     project, the planned acquisition and transition strategy and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees:  Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8063.  The Secretary of Defense shall provide a 
     classified quarterly report beginning 30 days after enactment 
     of this Act, to the House and Senate Appropriations 
     Committees, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8064.  During the current fiscal year, none of the 
     funds available to the Department of Defense may be used to 
     provide support to another department or agency of the United 
     States if such department or agency is more than 90 days in 
     arrears in making payment to the Department of Defense for 
     goods or services previously provided to such department or 
     agency on a reimbursable basis:  Provided, That this 
     restriction shall not apply if the department is authorized 
     by law to provide support to such department or agency on a 
     nonreimbursable basis, and is providing the requested support 
     pursuant to such authority:  Provided further, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that it is in the national security interest to do so.
       Sec. 8065.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8066.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8067.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1 year to any 
     organization specified in section 508(d) of title 32, United 
     States Code, or any other youth, social, or fraternal 
     nonprofit organization as may be approved by the Chief of the 
     National Guard Bureau, or his designee, on a case-by-case 
     basis.
       Sec. 8068.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military

[[Page H868]]

     installation located in the United States unless such malt 
     beverages and wine are procured within that State, or in the 
     case of the District of Columbia, within the District of 
     Columbia, in which the military installation is located:  
     Provided, That in a case in which the military installation 
     is located in more than one State, purchases may be made in 
     any State in which the installation is located:  Provided 
     further, That such local procurement requirements for malt 
     beverages and wine shall apply to all alcoholic beverages 
     only for military installations in States which are not 
     contiguous with another State:  Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8069.  Funds available to the Department of Defense 
     for the Global Positioning System during the current fiscal 
     year, and hereafter, may be used to fund civil requirements 
     associated with the satellite and ground control segments of 
     such system's modernization program.

                     (including transfer of funds)

       Sec. 8070.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $147,258,300 
     shall remain available until expended:  Provided, That 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government:  Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section:  Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary:  Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8071.  Section 8106 of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under subsection 101(b) of Public Law 104-208; 110 Stat. 
     3009-111; 10 U.S.C. 113 note) shall continue in effect to 
     apply to disbursements that are made by the Department of 
     Defense in fiscal year 2011.
       Sec. 8072.  In addition to amounts provided elsewhere in 
     this Act, $4,000,000 is hereby appropriated to the Department 
     of Defense, to remain available for obligation until 
     expended:  Provided, That notwithstanding any other provision 
     of law, these funds shall be available only for a grant to 
     the Fisher House Foundation, Inc., only for the construction 
     and furnishing of additional Fisher Houses to meet the needs 
     of military family members when confronted with the illness 
     or hospitalization of an eligible military beneficiary.

                     (including transfer of funds)

       Sec. 8073.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $415,115,000 shall be for the Israeli Cooperative Programs:  
     Provided, That of this amount, $205,000,000 shall be for the 
     Secretary of Defense to provide to the Government of Israel 
     for the procurement of the Iron Dome defense system to 
     counter short-range rocket threats, $84,722,000 shall be for 
     the Short Range Ballistic Missile Defense (SRBMD) program, 
     including cruise missile defense research and development 
     under the SRBMD program, $58,966,000 shall be available for 
     an upper-tier component to the Israeli Missile Defense 
     Architecture, and $66,427,000 shall be for the Arrow System 
     Improvement Program including development of a long range, 
     ground and airborne, detection suite, of which $12,000,000 
     shall be for producing Arrow missile components in the United 
     States and Arrow missile components in Israel to meet 
     Israel's defense requirements, consistent with each nation's 
     laws, regulations and procedures:  Provided further, That 
     funds made available under this provision for production of 
     missiles and missile components may be transferred to 
     appropriations available for the procurement of weapons and 
     equipment, to be merged with and to be available for the same 
     time period and the same purposes as the appropriation to 
     which transferred:  Provided further, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority contained in this Act.
       Sec. 8074.  None of the funds available to the Department 
     of Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command administrative and 
     operational control of U.S. Navy forces assigned to the 
     Pacific fleet:  Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force unless changes are specifically authorized in a 
     subsequent Act.
       Sec. 8075.  Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of section 7403(g) of title 38, United States 
     Code, for occupations listed in section 7403(a)(2) of title 
     38, United States Code, as well as the following:
       Pharmacists, Audiologists, Psychologists, Social Workers, 
     Othotists/Prosthetists, Occupational Therapists, Physical 
     Therapists, Rehabilitation Therapists, Respiratory 
     Therapists, Speech Pathologists, Dietitian/Nutritionists, 
     Industrial Hygienists, Psychology Technicians, Social Service 
     Assistants, Practical Nurses, Nursing Assistants, and Dental 
     Hygienists:
       (A) The requirements of section 7403(g)(1)(A) of title 38, 
     United States Code, shall apply.
       (B) The limitations of section 7403(g)(1)(B) of title 38, 
     United States Code, shall not apply.
       Sec. 8076.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2011 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2011.
       Sec. 8077.  None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8078.  The budget of the President for fiscal year 
     2012 submitted to the Congress pursuant to section 1105 of 
     title 31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, and the Procurement accounts:  Provided, That these 
     documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account:  Provided further, That 
     these documents shall include estimated costs for each 
     element of expense or object class, a reconciliation of 
     increases and decreases for each contingency operation, and 
     programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency:  Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8079.  None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.

                     (including transfer of funds)

       Sec. 8080.  In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $65,200,000 
     is hereby appropriated to the Department of Defense:  
     Provided, That the Secretary of Defense shall make grants in 
     the amounts specified as follows: $20,000,000 to the United 
     Service Organizations; $24,000,000 to the Red Cross; 
     $1,200,000 to the Special Olympics; and $20,000,000 to the 
     Youth Mentoring Grants Program:  Provided further, That funds 
     available in this section for the Youth Mentoring Grants 
     Program may be available for transfer to the Department of 
     Justice Youth Mentoring Grants Program.
       Sec. 8081.  None of the funds appropriated or made 
     available in this Act shall be used to reduce or disestablish 
     the operation of the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act:  Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8082.  None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities:  Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8083. (a) At the time members of reserve components of 
     the Armed Forces are called or ordered to active duty under 
     section 12302(a) of title 10, United States Code, each member 
     shall be notified in writing of the expected period during 
     which the member will be mobilized.
       (b) The Secretary of Defense may waive the requirements of 
     subsection (a) in any case in which the Secretary determines 
     that it is necessary to do so to respond to a national 
     security emergency or to meet dire operational requirements 
     of the Armed Forces.

                     (including transfer of funds)

       Sec. 8084.  The Secretary of Defense may transfer funds 
     from any available Department of the Navy appropriation to 
     any available Navy ship construction appropriation for the 
     purpose of liquidating necessary changes resulting from 
     inflation, market fluctuations, or rate adjustments for any 
     ship construction program appropriated in law:  Provided, 
     That the Secretary may transfer not to exceed $100,000,000 
     under the authority provided by this section:  Provided

[[Page H869]]

     further, That the Secretary may not transfer any funds until 
     30 days after the proposed transfer has been reported to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate, unless a response from the Committees is 
     received sooner:  Provided further, That any funds 
     transferred pursuant to this section shall retain the same 
     period of availability as when originally appropriated:  
     Provided further, That the transfer authority provided by 
     this section is in addition to any other transfer authority 
     contained elsewhere in this Act.
       Sec. 8085.  For purposes of section 7108 of title 41, 
     United States Code, any subdivision of appropriations made 
     under the heading ``Shipbuilding and Conversion, Navy'' that 
     is not closed at the time reimbursement is made shall be 
     available to reimburse the Judgment Fund and shall be 
     considered for the same purposes as any subdivision under the 
     heading ``Shipbuilding and Conversion, Navy'' appropriations 
     in the current fiscal year or any prior fiscal year.
       Sec. 8086. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Sky Warrior Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       Sec. 8087.  Of the funds provided in this Act, $7,080,000 
     shall be available for the operations and development of 
     training and technology for the Joint Interagency Training 
     and Education Center and the affiliated Center for National 
     Response at the Memorial Tunnel and for providing homeland 
     defense/security and traditional warfighting training to the 
     Department of Defense, other Federal agencies, and State and 
     local first responder personnel at the Joint Interagency 
     Training and Education Center.
       Sec. 8088.  Notwithstanding any other provision of law or 
     regulation, during the current fiscal year and hereafter, the 
     Secretary of Defense may adjust wage rates for civilian 
     employees hired for certain health care occupations as 
     authorized for the Secretary of Veterans Affairs by section 
     7455 of title 38, United States Code.
       Sec. 8089.  Up to $15,000,000 of the funds appropriated 
     under the heading ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the Pacific Command to 
     execute Theater Security Cooperation activities such as 
     humanitarian assistance, and payment of incremental and 
     personnel costs of training and exercising with foreign 
     security forces:  Provided, That funds made available for 
     this purpose may be used, notwithstanding any other funding 
     authorities for humanitarian assistance, security assistance 
     or combined exercise expenses:  Provided further, That funds 
     may not be obligated to provide assistance to any foreign 
     country that is otherwise prohibited from receiving such type 
     of assistance under any other provision of law.
       Sec. 8090.  None of the funds appropriated by this Act for 
     programs of the Office of the Director of National 
     Intelligence shall remain available for obligation beyond the 
     current fiscal year, except for funds appropriated for 
     research and technology, which shall remain available until 
     September 30, 2012.
       Sec. 8091.  For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8092.  Notwithstanding any other provision of law, not 
     more than 35 percent of funds provided in this Act for 
     environmental remediation may be obligated under indefinite 
     delivery/indefinite quantity contracts with a total contract 
     value of $130,000,000 or higher.
       Sec. 8093.  The Director of National Intelligence shall 
     include the budget exhibits identified in paragraphs (1) and 
     (2) as described in the Department of Defense Financial 
     Management Regulation with the congressional budget 
     justification books.
       (1) For procurement programs requesting more than 
     $20,000,000 in any fiscal year, the P-1, Procurement Program; 
     P-5, Cost Analysis; P-5a, Procurement History and Planning; 
     P-21, Production Schedule; and P-40, Budget Item 
     Justification.
       (2) For research, development, test and evaluation projects 
     requesting more than $10,000,000 in any fiscal year, the R-1, 
     RDT&E Program; R-2, RDT&E Budget Item Justification; R-3, 
     RDT&E Project Cost Analysis; and R-4, RDT&E Program Schedule 
     Profile.
       Sec. 8094.  The Secretary of Defense shall create a major 
     force program category for space for each future-years 
     defense program of the Department of Defense submitted to 
     Congress under section 221 of title 10, United States Code, 
     during fiscal year 2011. The Secretary of Defense shall 
     designate an official in the Office of the Secretary of 
     Defense to provide overall supervision of the preparation and 
     justification of program recommendations and budget proposals 
     to be included in such major force program category.
       Sec. 8095. (a) Not later than 60 days after enactment of 
     this Act, the Office of the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2011:  
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional intelligence 
     committees, unless the Director of National Intelligence 
     certifies in writing to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8096.  The Director of National Intelligence shall 
     submit to Congress each year, at or about the time that the 
     President's budget is submitted to Congress that year under 
     section 1105(a) of title 31, United States Code, a future-
     years intelligence program (including associated annexes) 
     reflecting the estimated expenditures and proposed 
     appropriations included in that budget. Any such future-years 
     intelligence program shall cover the fiscal year with respect 
     to which the budget is submitted and at least the four 
     succeeding fiscal years.
       Sec. 8097.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.
       Sec. 8098.  The Department of Defense shall continue to 
     report incremental contingency operations costs for Operation 
     New Dawn and Operation Enduring Freedom on a monthly basis in 
     the Cost of War Execution Report as prescribed in the 
     Department of Defense Financial Management Regulation 
     Department of Defense Instruction 7000.14, Volume 12, Chapter 
     23 ``Contingency Operations'', Annex 1, dated September 2005.
       Sec. 8099.  The amounts appropriated in title II of this 
     Act are hereby reduced by $1,983,000,000 to reflect excess 
     cash balances in Department of Defense Working Capital Funds, 
     as follows: (1) From ``Operation and Maintenance, Army'', 
     $700,000,000; and (2) From ``Operation and Maintenance, 
     Defense-Wide'', $1,283,000,000.

                     (including transfer of funds)

       Sec. 8100.  During the current fiscal year, not to exceed 
     $11,000,000 from each of the appropriations made in title II 
     of this Act for ``Operation and Maintenance, Army'', 
     ``Operation and Maintenance, Navy'', and ``Operation and 
     Maintenance, Air Force'' may be transferred by the military 
     department concerned to its central fund established for 
     Fisher Houses and Suites pursuant to section 2493(d) of title 
     10, United States Code.

                     (including transfer of funds)

       Sec. 8101.  Of the funds appropriated in the Intelligence 
     Community Management Account for the Program Manager for the 
     Information Sharing Environment, $24,000,000 is available for 
     transfer by the Director of National Intelligence to other 
     departments and agencies for purposes of Government-wide 
     information sharing activities:  Provided, That funds 
     transferred under this provision are to be merged with and 
     available for the same purposes and time period as the 
     appropriation to which transferred:  Provided further, That 
     the Office of Management and Budget must approve any 
     transfers made under this provision.
       Sec. 8102.  Funds appropriated by this Act for operation 
     and maintenance may be available for the purpose of making 
     remittances to the Defense Acquisition Workforce Development 
     Fund in accordance with the requirements of section 1705 of 
     title 10, United States Code.
       Sec. 8103. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8104. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000 unless the 
     contractor agrees not to:
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment,

[[Page H870]]

     that the employee or independent contractor agree to resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention; 
     or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.
       (e) By March 1, 2011, or within 60 days after enactment of 
     this Act, whichever is later, the Government Accountability 
     Office shall submit a report to the Congress evaluating the 
     effect that the requirements of this section have had on 
     national security, including recommendations, if any, for 
     changes to these requirements.
       Sec. 8105. (a) Prohibition on Conversion of Functions 
     Performed by Federal Employees to Contractor Performance.--
     None of the funds appropriated by this Act or otherwise 
     available to the Department of Defense may be used to begin 
     or announce the competition to award to a contractor or 
     convert to performance by a contractor any functions 
     performed by Federal employees pursuant to a study conducted 
     under Office of Management and Budget (OMB) Circular A-76.
       (b) Exception.--The prohibition in subsection (a) shall not 
     apply to the award of a function to a contractor or the 
     conversion of a function to performance by a contractor 
     pursuant to a study conducted under Office of Management and 
     Budget (OMB) Circular A-76 once all reporting and 
     certifications required by section 325 of the National 
     Defense Authorization Act for Fiscal Year 2010 (Public Law 
     111-84) have been satisfactorily completed.
       Sec. 8106. (a)(1) No National Intelligence Program funds 
     appropriated in this Act may be used for a mission critical 
     or mission essential business management information 
     technology system that is not registered with the Director of 
     National Intelligence. A system shall be considered to be 
     registered with that officer upon the furnishing notice of 
     the system, together with such information concerning the 
     system as the Director of the Business Transformation Office 
     may prescribe.
       (2) During the current fiscal year no funds may be 
     obligated or expended for a financial management automated 
     information system, a mixed information system supporting 
     financial and non-financial systems, or a business system 
     improvement of more than $3,000,000, within the Intelligence 
     Community without the approval of the Business Transformation 
     Office, and the designated Intelligence Community functional 
     lead element.
       (b) The Director of the Business Transformation Office 
     shall provide the congressional intelligence committees a 
     semi-annual report of approvals under paragraph (1) no later 
     than March 30 and September 30 of each year. The report shall 
     include the results of the Business Transformation Investment 
     Review Board's semi-annual activities, and each report shall 
     certify that the following steps have been taken for systems 
     approved under paragraph (1):
       (1) Business process reengineering.
       (2) An analysis of alternatives and an economic analysis 
     that includes a calculation of the return on investment.
       (3) Assurance the system is compatible with the enterprise-
     wide business architecture.
       (4) Performance measures.
       (5) An information assurance strategy consistent with the 
     Chief Information Officer of the Intelligence Community.
       (c) This section shall not apply to any programmatic or 
     analytic systems or programmatic or analytic system 
     improvements.

                     (including transfer of funds)

       Sec. 8107.  Of the funds appropriated in this Act for the 
     Office of the Director of National Intelligence, $50,000,000, 
     may be transferred to appropriations available to the Central 
     Intelligence Agency, the National Security Agency, and the 
     National Geospatial Intelligence Agency, the Defense 
     Intelligence Agency and the National Reconnaissance Office 
     for the Business Transformation Transfer Funds, to be merged 
     with and to be available for the same time period and the 
     same purposes as the appropriation to which transferred:  
     Provided, That the transfer authority provided under this 
     provision is in addition to any other transfer authority 
     contained in this Act.

                     (including transfer of funds)

       Sec. 8108.  In addition to funds made available elsewhere 
     in this Act, there is hereby appropriated $538,875,000, to 
     remain available until transferred:  Provided, That these 
     funds are appropriated to the ``Tanker Replacement Transfer 
     Fund'' (referred to as ``the Fund'' elsewhere in this 
     section):  Provided further, That the Secretary of the Air 
     Force may transfer amounts in the Fund to ``Operation and 
     Maintenance, Air Force'', ``Aircraft Procurement, Air 
     Force'', and ``Research, Development, Test and Evaluation, 
     Air Force'', only for the purposes of proceeding with a 
     tanker acquisition program:  Provided further, That funds 
     transferred shall be merged with and be available for the 
     same purposes and for the same time period as the 
     appropriations or fund to which transferred:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary of the Air 
     Force shall, not fewer than 15 days prior to making transfers 
     using funds provided in this section, notify the 
     congressional defense committees in writing of the details of 
     any such transfer:  Provided further, That the Secretary 
     shall submit a report no later than 30 days after the end of 
     each fiscal quarter to the congressional defense committees 
     summarizing the details of the transfer of funds from this 
     appropriation.

                     (including transfer of funds)

       Sec. 8109.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $132,200,000, shall be available for transfer 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund in accordance 
     with the provisions of section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010, Public Law 111-84:  
     Provided, That for purposes of section 1704(b), the facility 
     operations funded are operations of the integrated Captain 
     James A. Lovell Federal Health Care Center, consisting of the 
     North Chicago Veterans Affairs Medical Center, the Navy 
     Ambulatory Care Center, and supporting facilities designated 
     as a combined Federal medical facility as described by 
     section 706 of Public Law 110-417:  Provided further, That 
     additional funds may be transferred from funds appropriated 
     for operation and maintenance for the Defense Health Program 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund upon written 
     notification by the Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8110. (a) Of the amounts made available in this Act 
     under the heading ``Operation and Maintenance, Navy'', not 
     less than $2,000,000, shall be made available for leveraging 
     the Army's Contractor Manpower Reporting Application, 
     modified as appropriate for Service-specific requirements, 
     for documenting the number of full-time contractor employees 
     (or its equivalent) pursuant to United States Code title 10, 
     section 2330a(c) and meeting the requirements of United 
     States Code title 10, section 2330a(e) and United States Code 
     title 10, section 235.
       (b) Of the amounts made available in this Act under the 
     heading ``Operation and Maintenance, Air Force'', not less 
     than $2,000,000 shall be made available for leveraging the 
     Army's Contractor Manpower Reporting Application, modified as 
     appropriate for Service-specific requirements, for 
     documenting the number of full-time contractor employees (or 
     its equivalent) pursuant to United States Code title 10 
     section 2330a(c) and meeting the requirements of United 
     States Code title 10, section 2330a(e) and United States Code 
     title 10, section 235.
       (c) The Secretaries of the Army, Navy, Air Force, and the 
     Directors of the Defense Agencies and Field Activities (in 
     coordination with the appropriate Principal Staff Assistant), 
     in coordination with the Under Secretary of Defense for 
     Personnel and Readiness, shall report to the congressional 
     defense committees within 60 days of enactment of this Act 
     their plan for documenting the number of full-time contractor 
     employees (or its equivalent), as required by United States 
     Code title 10, section 2330a.

                     (including transfer of funds)

       Sec. 8111.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated

[[Page H871]]

     $250,000,000, for an additional amount for ``Operation and 
     Maintenance, Defense-Wide'', to be available until expended:  
     Provided, That such funds shall only be available to the 
     Secretary of Defense, acting through the Office of Economic 
     Adjustment of the Department of Defense, or for transfer to 
     the Secretary of Education, notwithstanding any other 
     provision of law, to make grants, conclude cooperative 
     agreements, or supplement other Federal funds to construct, 
     renovate, repair, or expand elementary and secondary public 
     schools on military installations in order to address 
     capacity or facility condition deficiencies at such schools:  
     Provided further, That in making such funds available, the 
     Office of Economic Adjustment or the Secretary of Education 
     shall give priority consideration to those military 
     installations with schools having the most serious capacity 
     or facility condition deficiencies as determined by the 
     Secretary of Defense.
       Sec. 8112.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated $300,000,000, for an 
     additional amount for ``Operation and Maintenance, Defense-
     Wide'', to remain available until expended. Such funds may be 
     available for the Office of Economic Adjustment, 
     notwithstanding any other provision of law, for 
     transportation infrastructure improvements associated with 
     medical facilities related to recommendations of the Defense 
     Base Closure and Realignment Commission.
       Sec. 8113.  Section 310(b) of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1871) 
     is amended by striking ``1 year'' both places it appears and 
     inserting ``2 years''.
       Sec. 8114.  The Office of the Director of National 
     Intelligence shall not employ more Senior Executive employees 
     than are specified in the classified annex:  Provided, That 
     not later than 90 days after enactment of this Act, the 
     Director of National Intelligence shall certify that the 
     Office of the Director of National Intelligence selects 
     individuals for Senior Executive positions in a manner 
     consistent with statutes, regulations, and the requirements 
     of other Federal agencies in making such appointments and 
     will submit its policies and procedures related to the 
     appointment of personnel to Senior Executive positions to the 
     congressional intelligence oversight committees.
       Sec. 8115.  For all major defense acquisition programs for 
     which the Department of Defense plans to proceed to source 
     selection during the current fiscal year, the Secretary of 
     Defense shall perform an assessment of the winning bidder to 
     determine whether or not the proposed costs are realistic and 
     reasonable with respect to proposed development and 
     production costs. The Secretary of Defense shall provide a 
     report of these assessments, to specifically include whether 
     any cost assessments determined that such proposed costs were 
     unreasonable or unrealistic, to the congressional defense 
     committees not later than 60 days after enactment of this Act 
     and on a quarterly basis thereafter.
       Sec. 8116. (a) The Deputy Under Secretary of Defense for 
     Installations and Environment, in collaboration with the 
     Secretary of Energy, shall conduct energy security pilot 
     projects at facilities of the Department of Defense.
       (b) In addition to the amounts provided elsewhere in this 
     Act, $20,000,000, is appropriated to the Department of 
     Defense for ``Operation and Maintenance, Defense-Wide'' for 
     energy security pilot projects under subsection (a).
       Sec. 8117.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended to 
     pay a retired general or flag officer to serve as a senior 
     mentor advising the Department of Defense unless such retired 
     officer files a Standard Form 278 (or successor form 
     concerning public financial disclosure under part 2634 of 
     title 5, Code of Federal Regulations) to the Office of 
     Government Ethics.
       Sec. 8118.  Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Defense, the Chief of 
     the Air Force Reserve, and the Director of the National Guard 
     Bureau, in collaboration with the Secretary of Agriculture 
     and the Secretary of the Interior, shall submit to the 
     Committees on Appropriations of the House and Senate, the 
     House Committee on Agriculture, the Senate Committee on 
     Agriculture, Nutrition and Forestry, the House Committee on 
     Natural Resources, and the Senate Committee on Energy and 
     Natural Resources a report of firefighting aviation assets. 
     The report required under this section shall include each of 
     the following:
       (1) A description of the programming details necessary to 
     obtain an appropriate mix of fixed wing and rotor wing 
     firefighting assets needed to produce an effective aviation 
     resource base to support the wildland fire management program 
     into the future. Such programming details shall include the 
     acquisition and contracting needs of the mix of aviation 
     resources fleet, including the acquisition of up to 24 C-
     130Js equipped with the Mobile Airborne Fire Fighting System 
     II (in this section referred to as ``MAFFS''), to be acquired 
     over several fiscal years starting in fiscal year 2012.
       (2) The costs associated with acquisition and contracting 
     of the aviation assets described in paragraph (1).
       (3) A description of the costs of the operation, 
     maintenance, and sustainment of a fixed and rotor wing 
     aviation fleet, including a C-130J/MAFFS II in an Air 
     National Guard tactical airlift unit construct of 4, 6, or 8 
     C-130Js per unit starting in fiscal year 2012, projected out 
     through fiscal year 2020. Such description shall include the 
     projected costs associated with each of the following through 
     fiscal year 2020:
       (A) Crew ratio based on 4, 6, or 8 C-130J Air National 
     Guard unit construct and requirement for full-time equivalent 
     crews.
       (B) Associated maintenance and other support personnel and 
     requirement for full-time equivalent positions.
       (C) Yearly flying hour model and the cost for use of a 
     fixed and rotor wing aviation fleet, including C-130J in its 
     MAFFS capacity supporting the United States Forest Service.
       (D) Yearly flying hour model and cost for use of a C-130J 
     in its capacity supporting Air National Guard tactical 
     airlift training.
       (E) Any other costs required to conduct both the airlift 
     and firefighting missions, including the Air National Guard 
     unit construct for C-130Js.
       (4) Proposed program management, utilization, and cost 
     share arrangements for the aircraft described in paragraph 
     (1) for primary support of the Forest Service and secondary 
     support, on an as available basis, for the Department of 
     Defense, together with any proposed statutory language needed 
     to authorize and effectuate the same.
       (5) An integrated plan for the Forest Service and the 
     Department of the Interior wildland fire management programs 
     to operate the fire fighting air tanker assets referred to in 
     this section.
       Sec. 8119.  The explanatory statement regarding this Act, 
     printed in the House of Representatives section of the 
     Congressional Record on or about February 16, 2011, by the 
     Chairman of the Committee on Appropriations of the House, 
     shall have the same effect with respect to the allocation of 
     funds and implementation of this Act as if it were a Report 
     of the Committee on Appropriations.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $11,468,033,000: Provided, That each amount in this paragraph 
     is designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $1,308,719,000: Provided, That each amount in this paragraph 
     is designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $732,920,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $2,060,442,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $268,031,000: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $48,912,000: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $45,437,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $27,002,000: Provided,

[[Page H872]]

     That each amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $853,022,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $16,860,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $59,212,782,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $8,970,724,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $4,008,022,000: Provided, That each amount in 
     this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $12,989,643,000: Provided, That each amount in 
     this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $9,276,990,000: Provided, That each amount in 
     this section is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010: Provided further, That of 
     the funds provided under this heading:
       (1) Not to exceed $12,500,000 for the Combatant Commander 
     Initiative Fund, to be used in support of Operation New Dawn 
     and Operation Enduring Freedom; and
       (2) Not to exceed $1,600,000,000, to remain available until 
     expended, for payments to reimburse key cooperating nations 
     for logistical, military, and other support, including access 
     provided to United States military operations in support of 
     Operation New Dawn and Operation Enduring Freedom, 
     notwithstanding any other provision of law:  Provided, That 
     such reimbursement payments may be made in such amounts as 
     the Secretary of Defense, with the concurrence of the 
     Secretary of State, and in consultation with the Director of 
     the Office of Management and Budget, may determine, in his 
     discretion, based on documentation determined by the 
     Secretary of Defense to adequately account for the support 
     provided, and such determination is final and conclusive upon 
     the accounting officers of the United States, and 15 days 
     following notification to the appropriate congressional 
     committees:  Provided further, That the requirement to 
     provide notification shall not apply with respect to a 
     reimbursement for access based on an international agreement: 
      Provided further, That these funds may be used for the 
     purpose of providing specialized training and procuring 
     supplies and specialized equipment and providing such 
     supplies and loaning such equipment on a non-reimbursable 
     basis to coalition forces supporting United States military 
     operations in Iraq and Afghanistan, and 15 days following 
     notification to the appropriate congressional committees:  
     Provided further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided in this paragraph.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $206,784,000: Provided, That each amount in 
     this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $93,559,000: Provided, That each amount in 
     this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $29,685,000: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $203,807,000: Provided, That each amount 
     in this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $497,849,000: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $417,983,000: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

                    Afghanistan Infrastructure Fund

                     (including transfer of funds)

       There is hereby established in the Treasury of the United 
     States the ``Afghanistan Infrastructure Fund''. For the 
     ``Afghanistan Infrastructure Fund'', $400,000,000, to remain 
     available until September 30, 2012:  Provided, That such sums 
     shall be available for infrastructure projects in 
     Afghanistan, notwithstanding any other provision of law, 
     which shall be undertaken by the Secretary of State, unless 
     the Secretary of State and the Secretary of Defense jointly 
     decide that a specific project will be undertaken by the 
     Department of Defense:  Provided further, That the 
     infrastructure referred to in the preceding proviso is in 
     support of the counterinsurgency strategy, requiring funding 
     for facility and infrastructure projects, including, but not 
     limited to, water, power, and transportation projects and 
     related maintenance and sustainment costs:  Provided further, 
     That the authority to undertake such infrastructure projects 
     is in addition to any other authority to provide assistance 
     to foreign nations:  Provided further, That any projects 
     funded by this appropriation shall be jointly formulated and 
     concurred in by the Secretary of State and Secretary of 
     Defense:  Provided further, That funds may be transferred to 
     the Department of State for purposes of undertaking projects, 
     which funds shall be considered to be economic assistance 
     under the Foreign Assistance Act of 1961 for purposes of 
     making available the administrative authorities contained in 
     that Act:  Provided further, That the transfer authority in 
     the preceding proviso is in addition to any other authority 
     available to the Department of Defense to transfer funds:  
     Provided further, That any unexpended funds transferred to 
     the Secretary of State under this authority shall be returned 
     to the Afghanistan Infrastructure Fund if the Secretary of 
     State, in coordination with the

[[Page H873]]

     Secretary of Defense, determines that the project cannot be 
     implemented for any reason, or that the project no longer 
     supports the counterinsurgency strategy in Afghanistan:  
     Provided further, That any funds returned to the Secretary of 
     Defense under the previous proviso shall be available for use 
     under this appropriation and shall be treated in the same 
     manner as funds not transferred to the Secretary of State:  
     Provided further, That contributions of funds for the 
     purposes provided herein to the Secretary of State in 
     accordance with section 635(d) of the Foreign Assistance Act 
     from any person, foreign government, or international 
     organization may be credited to this Fund, to remain 
     available until expended, and used for such purposes:  
     Provided further, That the Secretary of Defense shall, not 
     fewer than 15 days prior to making transfers to or from, or 
     obligations from the Fund, notify the appropriate committees 
     of Congress in writing of the details of any such transfer:  
     Provided further, That the ``appropriate committees of 
     Congress'' are the Committees on Armed Services, Foreign 
     Relations and Appropriations of the Senate and the Committees 
     on Armed Services, Foreign Affairs and Appropriations of the 
     House of Representatives: Provided further, That each amount 
     in this paragraph is designated as being for contingency 
     operations directly related to the global war on terrorism 
     pursuant to section 3(c)(2) of H. Res. 5 (112th Congress) and 
     as an emergency requirement pursuant to section 403(a) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010.

                 Amendment No. 95 Offered by Mr. Jones

  Mr. JONES. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 127, line 23, after the dollar amount, insert 
     ``(reduced by $400,000,000)''.
       Page 359, line 6, after the dollar amount, insert 
     ``(increased by $400,000,000)''.

  The Acting CHAIR. The gentleman from North Carolina is recognized for 
5 minutes.
  Mr. JONES. Mr. Chairman, this amendment removes the new $400 million 
Afghan Infrastructure Fund and it would be returned to the spending 
reduction account.
  I bring this amendment to the floor because of the frustration of the 
American people. Here we are trying to find $400 million to put in an 
infrastructure fund for Afghanistan, which is going to be borrowed 
money from the Chinese to begin with. It's not even Uncle Sam's money. 
And then in addition to that, we're propping up a corrupt, dishonest 
government headed by President Karzai. At this time in America's 
history when we are having these debates tonight that I've heard all 
day long with the frustration of the Members of Congress from both 
parties that here we cannot even balance the budget of this country and 
we're trying to find this money to go to the infrastructure of 
Afghanistan and we're going to say to the American people, we can't 
help you with your infrastructure needs in your counties, in your 
towns, in your cities, it makes absolutely no sense to me, and more 
important than me is to the American people.
  I would also like to mention that the Afghan Infrastructure Fund 
would help create another ``bridge to nowhere.'' It's going to be money 
that cannot even be accounted for the majority of the time, and I make 
mention of that for this reason. The recent Special Inspector General 
for Afghanistan Reconstruction report released on January 30, 2011, 
cited significant fraud, waste and abuse with Afghanistan 
reconstruction funds.
  I do not know why in the world we cannot make the statement to the 
American people that we're going to see that the $400 million going to 
a dishonest, dysfunctional government overseas cannot be returned to 
help reduce the debt and deficit of this country or even returned to 
the cities and counties throughout the country of America.
  With that, Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Eliminating the $400 million Afghanistan 
Infrastructure Fund is ill-conceived and unwise. This fund provides 
funding for high-priority, large-scale infrastructure programs in 
support of the civil-military campaign in Afghanistan. These projects 
are critical to convincing the Afghan population to reject the 
insurgency and side with the Afghan Government. This in turn 
significantly reduces the threat to our troops and quickens the 
security transition process, which we all seek.
  Not only is this funding a top priority of the Secretaries of State 
and Defense, it is also a top priority of General David Petraeus. This 
fund is so directly related to the safety and security of our troops 
that it needs to be preserved, and thus I urge a ``no'' vote on the 
amendment.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. The amendment would eliminate all funding in the bill for 
the Afghan Infrastructure Fund--a total of $400 million. Establishing 
the fund at this level of funding was done at the request of the 
Secretary of Defense and the Secretary of State in a joint letter to 
the congressional defense committees in November 2010.
  The funding was not added to the bill. It was derived by reducing the 
amount available for the Commanders Emergency Response Program. DOD 
requested that funding for this account be obtained in this manner. The 
Departments of Defense and State view this fund as essential to 
completing large scale infrastructure projects in Afghanistan, such as 
electrical power generation. Such projects provide the means for 
economic activity which will help to reduce risk for U.S. troops and 
help improve security in Afghanistan.
  I urge rejection of this amendment.
  Mr. THORNBERRY. Mr. Chairman, I move to strike the requisite number 
of words.
  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.
  Mr. THORNBERRY. Mr. Chairman, the reason we have troops in 
Afghanistan is to prevent Afghanistan from again becoming a sanctuary 
from which terrorists will launch attacks against us. For us to one day 
be able to withdraw our troops from Afghanistan, the Afghan people have 
to be able to stand on their own two feet, and this fund is designed to 
help them do that.
  The people there have to be able to resist the Taliban, al Qaeda and 
other groups that want to undermine their security and use Afghanistan 
once again as a terrorist base. This program, as has been mentioned, is 
a very high priority of our own military commander in Afghanistan, 
General Petraeus. Part of the reason it's one of his priorities is, as 
the gentleman from New Jersey said, this helps keep our own troops 
safe. When we are able to work with the Afghan people and develop the 
country, our troops in the country have a less danger opposing them. It 
is less likely that they will suffer some of the problems from the 
indigent population.
  But the second reason General Petraeus believes this is very 
important is that it's an integral part of his counterinsurgency 
campaign plan. So to withdraw this money at this point makes his job 
more difficult and increases the danger to our troops. I don't think 
that makes sense at any level.
  The other point I would make is this: As the gentleman from 
Washington said, this was a request from the Secretary of State and 
Secretary of Defense for a fund that both agencies would work on. One 
of these days this government is going to have to get to interagency 
funds so that you don't have the State Department working on one hand, 
the Defense Department on another, other agencies doing their own 
thing. We have to have a combined effort, and this fund is at least a 
step in that direction. The interagency nature of it helps to prevent 
waste, abuse and misuse of these funds because you do have the extra 
oversight on its use. But I think the key point is--this is a question 
of our national security to help the Afghans stand on their own two 
feet, and I believe the amendment should be rejected.
  I yield back the balance of my time.
  Mr. HUNTER. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. HUNTER. Thank you, Mr. Chairman.
  First, I believe my friend from North Carolina does have the best 
intentions at heart. I believe he is doing this for the right reason. 
He wants to get out of

[[Page H874]]

Afghanistan and he believes that Afghanistan is a very corrupt country 
with very corrupt leadership. The problem is, is that things in this 
world aren't perfect. I served for 6 months in the Marine Corps in 
Afghanistan in 2007. I didn't do anything of significance, but when I 
was there I saw what really turned the people of Afghanistan towards 
America, what made them turn around, what made them change their mind. 
It wasn't us killing people who cause us to stay up at night and worry 
about them. That's what we're worried about. What the Afghans are 
worried about is, will they have electricity? Can they drive on the 
roads? Can they put fruit in their Mack truck and drive it 20 miles and 
sell it at the next town? Do their lights work? Is their trash getting 
picked up? Is their sewer getting cleaned out? General Petraeus 
understands this is counterinsurgency. That's what counterinsurgency 
means.

                              {time}  2050

  I want to get out of Afghanistan, too. It is an expensive war in 
blood and treasure, but it is a war that was not started by us. It was 
started by two airplanes flying into two towers. And 9/11 has cost us 
more than Afghanistan ever will in what it has done to this Nation, 
making us second guess who our friends are, sending us to Afghanistan.
  I would ask my friend from North Carolina this, and I am going to 
yield the balance of my time to my friend from North Carolina: If we 
are not the ones helping out the Afghan people, I will tell you who it 
is going to be--the Taliban. The Taliban are the bankers of 
Afghanistan. They have drug money and they use it to loan to the locals 
in Afghanistan. So if we don't help them out, if we don't become their 
friends, if we don't befriend the people, the counterinsurgency doesn't 
work.
  I think that my friend, if he knew that we would leave quicker, we 
would leave Afghanistan in victory quicker by keeping this money there, 
I think he would withdraw his amendment.
  Mr. Chairman, I yield to the gentleman from North Carolina (Mr. 
Jones).
  Mr. JONES. I thank the gentleman for yielding.
  I would say if I thought Karzai was an honest man that would 
appreciate the American taxpayers' money, I would feel differently, 
quite frankly. But I realize it is a corrupt government. I wish that 
what you say was so. And I trust you. I have great respect for you as 
well, but we are dealing with a dishonest, dysfunctional government.
  When Karzai was quoted in The Washington Post in December saying, ``I 
have three enemies, one being America, one being the Taliban, one being 
the international community, and if I had to choose one of these as a 
friend, I would choose the Taliban,'' this is why I wanted to speak 
tonight, to bring this forward and let the Members vote this up or 
down. That is fine with me.
  The point is this is money we could be using right here in this 
country. If I thought Karzai was an honest broker, I would probably not 
even offer the amendment.
  Mr. HUNTER. Reclaiming my time, this is an interagency fund, DOD, 
State Department, USAID, different American agencies. They are going to 
be the ones distributing this money. I doubt Karzai ever sees this 
money, as it would go straight to contractors, either Afghan or from 
here, from the U.S., or other countries.
  I yield to the gentleman.
  Mr. JONES. My answer to that would be that I would hope that this 
would prove to be true. But the problem is we always know that when you 
have got a dysfunctional government, you have got a dishonest man, it 
might be intended to go this way, but too many times it does not.
  I would honestly say to you that I offer this amendment on behalf of 
the American people, because they can't fix their streets, they can't 
fix their roads. And, by God, it is only $400 million, but to a lot of 
people in my district, that is a lot of money going to a dishonest 
leader of a country in Afghanistan.
  Mr. HUNTER. Reclaiming my time, Mr. Chairman, $400 million is a lot 
of money, and Americans do need that money. But I would answer that 
with this: The men and women that have given their lives over in 
Afghanistan, the men and women, as you well know, representing Camp 
Lejeune and all of those marines, the men and women that have given 
their time and their blood for this country I think deserve to be 
backed up by us by saying we are going to give the money to your boss, 
General Petraeus, so we can win the war and leave victoriously, and I 
think that is what I think this $400 million does.
  With that, I oppose the gentleman's amendment.
  Mr. CONYERS. Mr. Chair, I rise in strong support of the amendment 
offered by my friend, Mr. Jones of North Carolina. This amendment would 
cut $400 million in funding for the Afghanistan Infrastructure Fund. I 
support this cut not because I am opposed to providing humanitarian aid 
to other countries. To the contrary, I am very supportive of helping 
improve living conditions and human rights in countries around the 
world by investing in infrastructure. However, I have strong concerns 
about this important work being directed by our armed forces because it 
raises the specter of the ``militarization'' of our foreign aid, which 
can often place troops, aid workers, and the civilian population at 
risk.
  In a January 2010 report, eight international agencies expressed 
their concern that the militarization of aid in Afghanistan is putting 
ordinary Afghans at risk when they build schools and clinics, which 
then become targets of insurgents.
  Additionally, many agencies say that these ``quick impact'' projects 
do not contribute to sustainable development, but instead are used as a 
good will building exercise by military forces engaged in a failing 
counterinsurgency strategy.
  Under the current system, distribution of aid is heavily biased in 
favor of areas where the troop presence is strongest rather than 
distributed according to need. The needs of people in more secure areas 
and vulnerable populations, particularly Afghans displaced by the 
conflict and other factors as well as returnees, are being overlooked. 
We need to rethink our country's militarized approach to aid and shift 
our focus towards a long-term aid strategy based on meeting the real 
needs of Afghans.
  As a first step in this process, I encourage my colleagues to support 
this amendment.
  Mr. HUNTER. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from North Carolina (Mr. Jones).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. JONES. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from North 
Carolina will be postponed.
  The Clerk will read.
  The Clerk read as follows:

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $11,619,283,000, to remain available until September 30, 
     2012:  Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, for the purpose of allowing the Commander, Combined 
     Security Transition Command--Afghanistan, or the Secretary's 
     designee, to provide assistance, with the concurrence of the 
     Secretary of State, to the security forces of Afghanistan, 
     including the provision of equipment, supplies, services, 
     training, facility and infrastructure repair, renovation, and 
     construction, and funding:  Provided further, That the 
     authority to provide assistance under this heading is in 
     addition to any other authority to provide assistance to 
     foreign nations:  Provided further, That up to $15,000,000 of 
     these funds may be available for coalition police trainer 
     life support costs:  Provided further, That contributions of 
     funds for the purposes provided herein from any person, 
     foreign government, or international organization may be 
     credited to this Fund and used for such purposes:  Provided 
     further, That the Secretary of Defense shall notify the 
     congressional defense committees in writing upon the receipt 
     and upon the obligation of any contribution, delineating the 
     sources and amounts of the funds received and the specific 
     use of such contributions:  Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     obligating from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such obligation:  Provided further, That the Secretary of 
     Defense shall notify the congressional defense committees of 
     any proposed new projects or transfer of funds between budget 
     sub-activity groups in excess of $20,000,000: Provided 
     further, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13

[[Page H875]]

     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                       Iraq Security Forces Fund

       For the ``Iraq Security Forces Fund'', $1,500,000,000, to 
     remain available until September 30, 2012:  Provided, That 
     such funds shall be available to the Secretary of Defense, 
     notwithstanding any other provision of law, for the purpose 
     of allowing the Commander, United States Forces-Iraq, or the 
     Secretary's designee, to provide assistance, with the 
     concurrence of the Secretary of State, to the security forces 
     of Iraq, including the provision of equipment, supplies, 
     services, training, facility and infrastructure repair, and 
     renovation:  Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations:  Provided 
     further, That contributions of funds for the purposes 
     provided herein from any person, foreign government, or 
     international organization may be credited to this Fund and 
     used for such purposes:  Provided further, That the Secretary 
     shall notify the congressional defense committees in writing 
     upon the receipt and upon the obligation of any contribution, 
     delineating the sources and amounts of the funds received and 
     the specific use of such contributions:  Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to obligating from this appropriation account, notify 
     the congressional defense committees in writing of the 
     details of any such obligation:  Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees of any proposed new projects or transfer of funds 
     between budget sub-activity groups in excess of $20,000,000: 
     Provided further, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.


                 Amendment No. 237 Offered by Mr. Holt

  Mr. HOLT. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Page 131, line 24, after the dollar amount, insert 
     ``(reduced by $1,500,000,000)''.

  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. HOLT. Mr. Chairman, I offer an amendment to eliminate the $1.5 
billion in funding for the Iraqi Security Forces Fund.
  If we are going to be cutting Pell Grants and energy research and 
heating assistance for families here in the United States, we certainly 
should take a hard look at Pentagon spending as well. Would taxpayers 
want their dollars to go to pay for Iraqi police on the streets of 
Baghdad when we are cutting funding for police in Trenton, New Jersey, 
and other cities and towns across our Nation? I want my colleagues to 
understand what the authors of H.R. 1 are proposing here today. It is 
about choices.
  My colleagues, I am sure, could present a good justification for 
funding Iraq Security Forces. I certainly want to see the people of 
Iraq living in peace and freedom, free from harm, either domestic or 
foreign harm. However, the Government of Iraq has ample revenue from 
oil sales to pay for Iraq security. In contrast, our country faces not 
only a budget deficit, but critical unmet domestic needs, and this 
legislation before us today makes many, many unwise cuts.
  H.R. 1 calls for spending $1.5 billion in taxpayer money to pay for 
foreign police officers in Iraq while simultaneously cutting $300 
million for the highly successful COPS program here at home. The COPS 
program is vital. Our local police departments count on it to help them 
hire additional officers to combat crime in our communities and to 
provide true community policing. The contrast couldn't be more stark 
and absurd; have American taxpayers foot the bill for police in Baghdad 
but not for police in America.
  H.R. 1 showcases the misguided priorities of the new majority. What 
are they thinking?
  Mr. Chairman, I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to my colleague 
from New Jersey's amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. The Iraqi Security Forces Fund is required to 
enable the Iraqi Security Forces to reach minimum essential 
capabilities. These capabilities will allow those forces to maintain 
internal security with police forces in the lead and defense forces in 
support while building foundational capabilities for the Iraqi military 
forces to provide external defense prior to U.S. forces' departure on 
31 December 2011.
  This is our Nation's commitment, our President's commitment, our 
Commander-in-Chief's commitment. It is a bipartisan commitment. It is 
more than just this majority's commitment to see the departure of our 
U.S. forces in that time frame.
  This Iraqi Security Forces Fund funds the following five categories:
  Equipment purchases and transportation of equipment, weapons, 
ammunition, vehicles, communications gear and spare parts;
  Infrastructure projects such as construction and improvements of 
police stations, military bases, training centers, maintenance 
facilities, and border enforcement facilities, among other 
infrastructure;
  Training and operations projects and programs such as training school 
and maintenance facilities, vehicles for training centers, and training 
of security forces;
  Sustainment of security forces through maintenance programs, human 
resources, information management systems, support service, and medical 
services;
  Other activities such as detainee operations, disarmament, 
demobilization, and reintegration.
  These are essential to speed our departure from Afghanistan. So, Mr. 
Chairman, I urge my colleagues to vote ``no'' on Mr. Holt's amendment.
  I yield back the balance of my time.

                              {time}  2100

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Holt).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. HOLT. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New Jersey 
will be postponed.
  The Clerk will read.
  The Clerk read as follows:

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $2,720,138,000, to remain available until September 
     30, 2013: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $343,828,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $896,996,000, to remain 
     available until September 30, 2013: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $369,885,000, to remain available until September 30, 
     2013: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $6,423,832,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $1,269,549,000, to remain

[[Page H876]]

     available until September 30, 2013: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $90,502,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $558,024,000, to remain available 
     until September 30, 2013: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $316,835,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $1,589,119,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $1,991,955,000, to remain available until September 
     30, 2013: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $56,621,000, to remain available until September 30, 
     2013: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $292,959,000, to remain available until 
     September 30, 2013: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $2,868,593,000, to remain available until September 
     30, 2013: Provided, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $1,262,499,000, to remain available until September 30, 2013: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

                  National Guard and Reserve Equipment

       For procurement of aircraft, missiles, tracked combat 
     vehicles, ammunition, other weapons and other procurement for 
     the reserve components of the Armed Forces, $850,000,000, to 
     remain available for obligation until September 30, 2013, of 
     which $250,000,000 shall be available only for the Army 
     National Guard:  Provided, That the Chiefs of National Guard 
     and Reserve components shall, not later than 30 days after 
     the enactment of this Act, individually submit to the 
     congressional defense committees the modernization priority 
     assessment for their respective National Guard or Reserve 
     component: Provided further, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

              Mine Resistant Ambush Protected Vehicle Fund

                     (including transfer of funds)

       For the Mine Resistant Ambush Protected Vehicle Fund, 
     $3,415,000,000, to remain available until September 30, 2012: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, to procure, sustain, transport, and field Mine Resistant 
     Ambush Protected vehicles:  Provided further, That the 
     Secretary shall transfer such funds only to appropriations 
     made available in this or any other Act for operation and 
     maintenance; procurement; research, development, test and 
     evaluation; and defense working capital funds to accomplish 
     the purpose provided herein:  Provided further, That such 
     transferred funds shall be merged with and be available for 
     the same purposes and the same time period as the 
     appropriation to which transferred:  Provided further, That 
     this transfer authority is in addition to any other transfer 
     authority available to the Department of Defense:  Provided 
     further, That the Secretary shall, not fewer than 10 days 
     prior to making transfers from this appropriation, notify the 
     congressional defense committees in writing of the details of 
     any such transfer: Provided further, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $143,234,000, to remain available 
     until September 30, 2012: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $104,781,000, to remain available 
     until September 30, 2012: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $484,382,000, to remain 
     available until September 30, 2012: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $222,616,000, to remain 
     available until September 30, 2012: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $485,384,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $1,422,092,000, of which

[[Page H877]]

     $1,398,092,000 shall be for operation and maintenance, to 
     remain available until September 30, 2011, and of which 
     $24,000,000 shall be for research, development, test and 
     evaluation, to remain available until September 30, 2012: 
     Provided, That each amount in this paragraph is designated as 
     being for contingency operations directly related to the 
     global war on terrorism pursuant to section 3(c)(2) of H. 
     Res. 5 (112th Congress) and as an emergency requirement 
     pursuant to section 403(a) of S. Con. Res. 13 (111th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2010.

         Drug Interdiction and Counter-Drug Activities, Defense

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $440,510,000, to remain 
     available until September 30, 2012: Provided, That each 
     amount in this paragraph is designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress), the concurrent 
     resolution on the budget for fiscal year 2010.

             Joint Improvised Explosive Device Defeat Fund

                     (including transfer of funds)

       For the ``Joint Improvised Explosive Device Defeat Fund'', 
     $2,793,768,000, to remain available until September 30, 2013: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, notwithstanding any other provision of 
     law, for the purpose of allowing the Director of the Joint 
     Improvised Explosive Device Defeat Organization to 
     investigate, develop and provide equipment, supplies, 
     services, training, facilities, personnel and funds to assist 
     United States forces in the defeat of improvised explosive 
     devices:  Provided further, That the Secretary of Defense may 
     transfer funds provided herein to appropriations for military 
     personnel; operation and maintenance; procurement; research, 
     development, test and evaluation; and defense working capital 
     funds to accomplish the purpose provided herein:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority available to the Department of 
     Defense:  Provided further, That the Secretary of Defense 
     shall, not fewer than 15 days prior to making transfers from 
     this appropriation, notify the congressional defense 
     committees in writing of the details of any such transfer: 
     Provided further, That each amount in this paragraph is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress) and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress), the concurrent resolution on the budget for 
     fiscal year 2010.

                    Office of the Inspector General

       For an additional amount for the ``Office of the Inspector 
     General'', $10,529,000: Provided, That each amount in this 
     paragraph is designated as being for contingency operations 
     directly related to the global war on terrorism pursuant to 
     section 3(c)(2) of H. Res. 5 (112th Congress) and as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9001.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2011.

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $4,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title:  Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section:  Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in the Department of 
     Defense Appropriations Act, 2011.
       Sec. 9003.  Supervision and administration costs associated 
     with a construction project funded with appropriations 
     available for operation and maintenance or the ``Afghanistan 
     Security Forces Fund'' provided in this Act and executed in 
     direct support of overseas contingency operations in 
     Afghanistan, may be obligated at the time a construction 
     contract is awarded:  Provided, That for the purpose of this 
     section, supervision and administration costs include all in-
     house Government costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in Iraq and 
     Afghanistan: (a) passenger motor vehicles up to a limit of 
     $75,000 per vehicle and (b) heavy and light armored vehicles 
     for the physical security of personnel or for force 
     protection purposes up to a limit of $250,000 per vehicle, 
     notwithstanding price or other limitations applicable to the 
     purchase of passenger carrying vehicles.
       Sec. 9005.  Not to exceed $500,000,000 of the amount 
     appropriated in this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commander's Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Iraq and Afghanistan to respond to urgent, 
     small scale, humanitarian relief and reconstruction 
     requirements within their areas of responsibility:  Provided, 
     That projects (including any ancillary or related elements in 
     connection with such project) executed under this authority 
     shall not exceed $20,000,000:  Provided further, That not 
     later than 45 days after the end of each fiscal year quarter, 
     the Secretary of Defense shall submit to the congressional 
     defense committees a report regarding the source of funds and 
     the allocation and use of funds during that quarter that were 
     made available pursuant to the authority provided in this 
     section or under any other provision of law for the purposes 
     described herein:  Provided further, That, not later than 30 
     days after the end of each month, the Army shall submit to 
     the congressional defense committees monthly commitment, 
     obligation, and expenditure data for the Commander's 
     Emergency Response Program in Iraq and Afghanistan:  Provided 
     further, That not less than 15 days before making funds 
     available pursuant to the authority provided in this section 
     or under any other provision of law for the purposes 
     described herein for a project with a total anticipated cost 
     for completion of $5,000,000 or more, the Secretary shall 
     submit to the congressional defense committees a written 
     notice containing each of the following:
       (1) The location, nature and purpose of the proposed 
     project, including how the project is intended to advance the 
     military campaign plan for the country in which it is to be 
     carried out.
       (2) The budget, implementation timeline with milestones, 
     and completion date for the proposed project, including any 
     other CERP funding that has been or is anticipated to be 
     contributed to the completion of the project.
       (3) A plan for the sustainment of the proposed project, 
     including the agreement with either the host nation, a non-
     Department of Defense agency of the United States Government 
     or a third party contributor to finance the sustainment of 
     the activities and maintenance of any equipment or facilities 
     to be provided through the proposed project.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to coalition forces supporting military 
     and stability operations in Iraq and Afghanistan:  Provided, 
     That the Secretary of Defense shall provide quarterly reports 
     to the congressional defense committees regarding support 
     provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009. (a) The Secretary of Defense shall submit to the 
     congressional defense committees not later than 45 days after 
     the end of each fiscal quarter a report on the proposed use 
     of all funds appropriated by this or any prior Act under each 
     of the headings Iraq Security Forces Fund, Afghanistan 
     Security Forces Fund, Afghanistan Infrastructure Fund, and 
     Pakistan Counterinsurgency Fund on a project-by-project 
     basis, for which the obligation of funds is anticipated 
     during the 3-month period from such date, including estimates 
     for the accounts referred to in this section of the costs 
     required to complete each such project.
       (b) The report required by this subsection shall include 
     the following:
       (1) The use of all funds on a project-by-project basis for 
     which funds appropriated under the headings referred to in 
     subsection (a) were obligated prior to the submission of the 
     report, including estimates for the accounts referred to in 
     subsection (a) of the costs to complete each project.
       (2) The use of all funds on a project-by-project basis for 
     which funds were appropriated under the headings referred to 
     in subsection (a) in prior appropriations Acts, or for which 
     funds were made available by transfer, reprogramming, or 
     allocation from

[[Page H878]]

     other headings in prior appropriations Acts, including 
     estimates for the accounts referred to in subsection (a) of 
     the costs to complete each project.
       (3) An estimated total cost to train and equip the Iraq, 
     Afghanistan, and Pakistan security forces, disaggregated by 
     major program and sub-elements by force, arrayed by fiscal 
     year.
       Sec. 9010.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000:  Provided, That, upon determination by 
     the Secretary of Defense that such action is necessary to 
     meet the operational requirements of a Commander of a 
     Combatant Command engaged in contingency operations overseas, 
     such funds may be used to purchase items having an investment 
     item unit cost of not more than $500,000.

                     (including transfer of funds)

       Sec. 9011.  Of the funds appropriated by this Act for the 
     Office of the Director of National Intelligence, $3,375,000 
     is available, as specified in the classified annex, for 
     transfer to other departments and agencies of the Federal 
     Government.
       Sec. 9012. (a) The Task Force for Business and Stability 
     Operations in Afghanistan may, subject to the direction and 
     control of the Secretary of Defense and with the concurrence 
     of the Secretary of State, carry out projects in fiscal year 
     2011 to assist the commander of the United States Central 
     Command in developing a link between United States military 
     operations in Afghanistan under Operation Enduring Freedom 
     and the economic elements of United States national power in 
     order to reduce violence, enhance stability, and restore 
     economic normalcy in Afghanistan through strategic business 
     and economic opportunities.
       (b) The projects carried out under paragraph (a) may 
     include projects that facilitate private investment, 
     industrial development, banking and financial system 
     development, agricultural diversification and revitalization, 
     and energy development in and with respect to Afghanistan.
       (c) The Secretary may use up to $150,000,000 of the funds 
     available for overseas contingency operations in ``Operation 
     and Maintenance, Army'' for additional activities to carry 
     out projects under paragraph (a).

  Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 154, line 14 be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  There was no objection.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:
         Sec. 9013. (a) Not more than 85 percent of the funds 
     provided in this title for Operation and Maintenance may be 
     available for obligation or expenditure until the date on 
     which the Secretary of Defense submits the report under 
     subsection (b).
         (b) Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report on 
     contractor employees in the United States Central Command, 
     including--
         (1) the number of employees of a contractor awarded a 
     contract by the Department of Defense (including 
     subcontractor employees) who are employed at the time of the 
     report in the area of operations of the United States Central 
     Command, including a list of the number of such employees in 
     each of Iraq, Afghanistan, and all other areas of operations 
     of the United States Central Command; and
         (2) for each fiscal year quarter beginning on the date of 
     the report and ending on September 30, 2012--
         (A) the number of such employees planned by the Secretary 
     to be employed during each such period in each of Iraq, 
     Afghanistan, and all other areas of operations of the United 
     States Central Command; and
         (B) an explanation of how the number of such employees 
     listed under subparagraph (A) relates to the planned number 
     of military personnel in such locations.
         This division may be cited as the ``Department of Defense 
     Appropriations Act, 2011''.

                Amendment No. 45 Offered by Ms. Baldwin

  Ms. BALDWIN. 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:
       At the end of division A, insert the following:
       Sec. __. Each amount made available by this division (other 
     than an amount required to be made available by a provision 
     of law) is hereby reduced by a pro rata amount so that the 
     total reduction resulting from the application of this 
     section is $1,000,000,000.
       Page 287, line 12, after the dollar amount, insert 
     ``(increased by $1,000,000,000)''.

  Mr. FRELINGHUYSEN. Mr. Chairman, I reserve a point of order on the 
gentlewoman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The gentlewoman from Wisconsin is recognized for 5 minutes.
  Ms. BALDWIN. Mr. Chairman, I rise today in support of my amendment 
and in opposition to H.R. 1, the Republican bill to slash services to 
the American people--a measure that I believe threatens jobs and our 
fragile economic recovery.
  I agree with my Republican colleagues that we must reduce the deficit 
and bring our budget into balance, but we must be smart about it. This 
bill harms the people who tend to our health, those who educate our 
children, and those who patrol our neighborhoods and protect our 
safety. This bill frustrates our economic recovery by making job 
training and career training unattainable for many Americans. 
Meanwhile, it does little to restrain excessive military spending or 
eliminate government handouts to Big Oil or eliminate tax breaks for 
multimillionaires.
  Today, we spend millions of dollars each day in Afghanistan and Iraq, 
spending that is protected in the bill that is before us. At the same 
time, this Republican bill to slash services cuts Community Health 
Centers to the core. For those of you who are unfamiliar with the work 
of Community Health Centers, they provide essential health services to 
children and families who lack insurance and have extremely limited 
incomes. Community Health Centers provide a big bang for the buck. They 
tend to the health care needs of more than 17 million uninsured or 
underinsured men, women, and children in America each year.
  The cut in the Republican bill before us is so deep that it will 
result in the elimination of services to more than half of the current 
capacity of Community Health Centers today to serve our neighbors. An 
estimated 127 new health centers in underserved areas will close across 
the United States. In some communities, patients with diabetes, heart 
disease, HIV and AIDS, pregnant women, and sick children will have 
nowhere to turn except perhaps emergency rooms ill-suited to their 
needs.
  Thousands of health care workers in rural and urban underserved 
communities will lose their jobs. I've already heard from the Director 
of Community Health Centers in both Beloit and Janesville, Wisconsin. 
He let me know about the serious impact this slash of funding will have 
on thousands in just one Wisconsin county.
  Mr. Chairman, my amendment restores Community Health Center funding, 
but I pay for it with a commensurate cut in wasteful defense spending. 
I said at the outset we need to be smart if we are to cut spending 
without compromising our jobs, our economic recovery, and our future.
  I agree with our President when he said, if we are to ``win the 
future,'' we must out-educate, out-innovate, and out-build the rest of 
the world. But we can't do that by cutting Pell Grants for students and 
slashing the research budgets of the National Institutes of Health, the 
National Science Foundation, and the Department of Energy.
  This unwise bill jeopardizes our Nation's recovery and future. And 
it's particularly troublesome to me this week because it falls on top 
of efforts by Wisconsin's Governor to cut health, education, and public 
safety services and to diminish the rights of the public servants who 
provide them.
  Mr. Chairman, I stand here today in solidarity with my fellow 
Wisconsinites as I fight for a better future for all Wisconsinites and 
all Americans. I urge an ``aye'' vote on my amendment and a ``no'' vote 
on H.R. 1.
  Mr. DICKS. Will the gentlewoman yield?
  Ms. BALDWIN. I yield to the gentleman from Washington.
  Mr. DICKS. I just want to say that I share your enthusiasm for 
Community Health Centers. I've seen them all across my district. They 
are wonderful. We're going to have to keep fighting for them.
  Ms. BALDWIN. I thank the gentleman.
  I yield back the balance of my time.


                             Point of Order

  The Acting CHAIR. The gentleman from New Jersey will state his point 
of order.
  Mr. FRELINGHUYSEN. Mr. Chairman, the amendment is proposed to amend 
portions of the bill not yet read.

[[Page H879]]

The amendment may not be considered en bloc under clause 2(f) of rule 
XXI because the amendment proposes to transfer between subcommittees.
  I ask for a ruling from the Chair.
  The Acting CHAIR. Does any Member wish to be heard on the point of 
order?
  Ms. BALDWIN. Mr. Chairman, I do rise to be heard on the point of 
order.
  Mr. Chairman, here are the rules of the House for the 112th Congress. 
Accompanying it, we also have something called H. Res. 92. Oftentimes 
when we get to the floor, we talk in inside-the-Beltway language that's 
really hard, I think, for the American public to follow. But I just 
want to make clear that H. Res. 92 is a document drafted by the 
Republicans to govern debate on this bill, and this bill only. But our 
House rules specifically allow an amendment such as the one that I have 
presented to this body and was just debating a moment ago on the House 
floor. And I think it's a wise rule because it really helps us pay as 
we go.
  The Acting CHAIR. The gentlewoman's remarks must be confined to the 
point of order.
  Ms. BALDWIN. The underlying House rules specifically permit an 
amendment such as the one I've offered and earlier debated in front of 
this body because it allows us to cut spending in one area in order to 
restore services or programs of greater priority in another. In other 
words, it aids us in our job to pay as we go.
  The Acting CHAIR. The gentlewoman's remarks must be confined to the 
point of order.
  Ms. BALDWIN. Under the rules of this House, my amendment would be 
fine. In the House Resolution 92, to which the gentleman referred, 
which governs simply the debate that we're engaged in this evening, it 
waives the rule of the House. It waives the rule of the House, the 
people's House. So I just want to make it clear--I think I know how the 
Chairman will end up ruling--but that this is the Republicans' will 
that I cannot advance this amendment and not because of the underlying 
rules of this House.
  The Acting CHAIR. Does any other Member wish to be heard?
  To be considered en bloc pursuant to clause 2(f) of rule XXI, an 
amendment must propose only to transfer appropriations among objects in 
the bill. Because the amendment offered by the gentlewoman from 
Wisconsin proposes also another kind of change in the bill; namely, to 
reach back in the reading, it may not avail itself of clause 2(f) to 
address portions of the bill not yet read.
  The point of order is sustained.
  The Clerk will read.
  The Clerk read as follows:

  DIVISION B--FULL-YEAR CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2011

        The following sums are hereby appropriated, out of any 
     money in the Treasury not otherwise appropriated, and out of 
     applicable corporate or other revenues, receipts, and funds, 
     for the several departments, agencies, corporations, and 
     other organizational units of Government for fiscal year 
     2011, and for other purposes, namely:

                      TITLE I--GENERAL PROVISIONS

       Sec. 1101. (a) Such amounts as may be necessary, at the 
     level specified in subsection (c) and under the authority and 
     conditions provided in applicable appropriations Acts for 
     fiscal year 2010, for projects or activities (including the 
     costs of direct loans and loan guarantees) that are not 
     otherwise specifically provided for, and for which 
     appropriations, funds, or other authority were made available 
     in the following appropriations Acts:
       (1) The Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2010 
     (Public Law 111-80).
       (2) The Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85).
       (3) The Department of Homeland Security Appropriations Act, 
     2010 (Public Law 111-83).
       (4) The Department of the Interior, Environment, and 
     Related Agencies Appropriations Act, 2010 (division A of 
     Public Law 111-88).
       (5) The Legislative Branch Appropriations Act, 2010 
     (division A of Public Law 111-68).
       (6) The Consolidated Appropriations Act, 2010 (Public Law 
     111-117).
       (7) Section 102(c) (except the last proviso relating to 
     waiver of fees) of chapter 1 of title I of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212) that addresses 
     guaranteed loans in the rural housing insurance fund.
       (8) The appropriation under the heading ``Department of 
     Commerce--United States Patent and Trademark Office'' in the 
     United States Patent and Trademark Office Supplemental 
     Appropriations Act, 2010 (Public Law 111-224).
       (b) For purposes of this division, the term ``level'' means 
     an amount.
       (c) The level referred to in subsection (a) shall be the 
     amounts appropriated in the appropriations Acts referred to 
     in such subsection, including transfers and obligation 
     limitations, except that--
       (1) such level shall not include any amount previously 
     designated as an emergency requirement and necessary to meet 
     emergency needs pursuant to sections 403(a) and 423(b) of S. 
     Con. Res. 13 (111th Congress), the concurrent resolution on 
     the budget for fiscal year 2010; and
       (2) such level shall be calculated without regard to any 
     rescission or cancellation of funds or contract authority.
       Sec. 1102.  Appropriations made by section 1101 shall be 
     available to the extent and in the manner that would be 
     provided by the pertinent appropriations Act.
       Sec. 1103.  Appropriations provided by this division that, 
     in the applicable appropriations Act for fiscal year 2010, 
     carried a multiple-year or no-year period of availability 
     shall retain a comparable period of availability.
       Sec. 1104.  Except as otherwise expressly provided in this 
     division, the requirements, authorities, conditions, 
     limitations, and other provisions of the appropriations Acts 
     referred to in section 1101(a) shall continue in effect 
     through the date specified in section 1106.
       Sec. 1105.  No appropriation or funds made available or 
     authority granted pursuant to section 1101 shall be used to 
     initiate or resume any project or activity for which 
     appropriations, funds, or other authority were specifically 
     prohibited during fiscal year 2010.
       Sec. 1106.  Unless otherwise provided for in this division 
     or in the applicable appropriations Act, appropriations and 
     funds made available and authority granted pursuant to this 
     division shall be available through September 30, 2011.
       Sec. 1107.  Expenditures made pursuant to the Continuing 
     Appropriations Act, 2011 (Public Law 111-242), shall be 
     charged to the applicable appropriation, fund, or 
     authorization provided by this division.
       Sec. 1108.  Funds appropriated by this division may be 
     obligated and expended notwithstanding section 10 of Public 
     Law 91-672 (22 U.S.C. 2412), section 15 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2680), 
     section 313 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 
     504(a)(1) of the National Security Act of 1947 (50 U.S.C. 
     414(a)(1)).
       Sec. 1109. (a) For entitlements and other mandatory 
     payments whose budget authority was provided in 
     appropriations Acts for fiscal year 2010, and for activities 
     under the Food and Nutrition Act of 2008, the levels 
     established by section 1101 shall be the amounts necessary to 
     maintain program levels under current law and under the 
     authority and conditions provided in the applicable 
     appropriations Acts for fiscal year 2010.
       (b) In addition to the amounts otherwise provided by 
     section 1101, the following amounts shall be available for 
     the following accounts for advance payments for the first 
     quarter of fiscal year 2012:
       (1) ``Department of Labor, Employment Standards 
     Administration, Special Benefits for Disabled Coal Miners'', 
     for benefit payments under title IV of the Federal Mine 
     Safety and Health Act of 1977, $41,000,000, to remain 
     available until expended.
       (2) ``Department of Health and Human Services, Centers for 
     Medicare and Medicaid Services, Grants to States for 
     Medicaid'', for payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act, $86,445,289,000, to remain available until 
     expended.
       (3) ``Department of Health and Human Services, 
     Administration for Children and Families, Payments to States 
     for Child Support Enforcement and Family Support Programs'', 
     for payments to States or other non-Federal entities under 
     titles I, IV-D, X, XI, XIV, and XVI of the Social Security 
     Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     $1,200,000,000, to remain available until expended.
       (4) ``Department of Health and Human Services, 
     Administration for Children and Families, Payments to States 
     for Foster Care and Permanency'', for payments to States or 
     other non-Federal entities under title IV-E of the Social 
     Security Act, $1,850,000,000.
       (5) ``Social Security Administration, Supplemental Security 
     Income Program'', for benefit payments under title XVI of the 
     Social Security Act, $13,400,000,000, to remain available 
     until expended.
       Sec. 1110.  Amounts incorporated by reference in this 
     division that were previously designated as available for 
     overseas deployments and other activities pursuant to S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010, are designated as being for 
     contingency operations directly related to the global war on 
     terrorism pursuant to section 3(c)(2) of H. Res. 5 (112th 
     Congress) and as an emergency requirement pursuant to section 
     403(a) of S. Con. Res. 13 (111th Congress).
       Sec. 1111.  Any language specifying an earmark in an 
     appropriations Act for fiscal year 2010, or in a committee 
     report or joint explanatory statement accompanying such an 
     Act, shall have no legal effect with respect to funds 
     appropriated by this division. For purposes of this section, 
     the term ``earmark''

[[Page H880]]

     means a congressional earmark or congressionally directed 
     spending item, as defined in clause 9(e) of rule XXI of the 
     Rules of the House of Representatives and paragraph 5(a) of 
     rule XLIV of the Standing Rules of the Senate.
       Sec. 1112.  Notwithstanding section 1101, none of the funds 
     appropriated or otherwise made available in this division or 
     any other Act (including division A of this Act) may be used 
     to transfer, release, or assist in the transfer or release to 
     or within the United States, its territories, or possessions 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 1113. (a)(1) Notwithstanding section 1101, except as 
     provided in paragraph (2), none of the funds appropriated or 
     otherwise made available in this division or any other Act 
     (including division A of this Act) may be used to transfer 
     any individual detained at Guantanamo to the custody or 
     effective control of the individual's country of origin, any 
     other foreign country, or any other foreign entity unless the 
     Secretary of Defense submits to Congress the certification 
     described in subsection (b) by not later than 30 days before 
     the transfer of the individual.
       (2) Paragraph (1) shall not apply to any action taken by 
     the Secretary of Defense to transfer any individual detained 
     at Guantanamo to effectuate an order affecting the 
     disposition of the individual that is issued by a court or 
     competent tribunal of the United States having lawful 
     jurisdiction. The Secretary of Defense shall notify Congress 
     promptly upon issuance of any such order.
       (b) The certification described in this subsection is a 
     written certification made by the Secretary of Defense, with 
     the concurrence of the Secretary of State, that the 
     government of the foreign country or the recognized 
     leadership of the foreign entity to which the individual 
     detained at Guantanamo is to be transferred--
       (1) is not a designated state sponsor of terrorism or a 
     designated foreign terrorist organization;
       (2) maintains effective control over each detention 
     facility in which an individual is to be detained if the 
     individual is to be housed in a detention facility;
       (3) is not, as of the date of the certification, facing a 
     threat that is likely to substantially affect its ability to 
     exercise control over the individual;
       (4) has agreed to take effective steps to ensure that the 
     individual cannot take action to threaten the United States, 
     its citizens, or its allies in the future;
       (5) has taken such steps as the Secretary determines are 
     necessary to ensure that the individual cannot engage or re-
     engage in any terrorist activity; and
       (6) has agreed to share any information with the United 
     States that--
       (A) is related to the individual or any associates of the 
     individual; and
       (B) could affect the security of the United States, its 
     citizens, or its allies.
       (c)(1) Except as provided in paragraph (3), none of the 
     funds appropriated or otherwise made available in this 
     division or any other Act (including division A of this Act) 
     may be used to transfer any individual detained at Guantanamo 
     to the custody or effective control of the individual's 
     country of origin, any other foreign country, or any other 
     foreign entity if there is a confirmed case of any individual 
     who was detained at United States Naval Station, Guantanamo 
     Bay, Cuba, at any time after September 11, 2001, who was 
     transferred to the foreign country or entity and subsequently 
     engaged in any terrorist activity.
       (2) The Secretary of Defense may waive the prohibition in 
     paragraph (1) if the Secretary determines that such a 
     transfer is in the national security interests of the United 
     States and includes, as part of the certification described 
     in subsection (b) relating to such transfer, the 
     determination of the Secretary under this paragraph.
       (3) Paragraph (1) shall not apply to any action taken by 
     the Secretary to transfer any individual detained at 
     Guantanamo to effectuate an order affecting the disposition 
     of the individual that is issued by a court or competent 
     tribunal of the United States having lawful jurisdiction. The 
     Secretary shall notify Congress promptly upon issuance of any 
     such order.
       (d) For the purposes of this section:
       (1) The term ``individual detained at Guantanamo'' means 
     any individual who is located at United States Naval Station, 
     Guantanamo Bay, Cuba, as of October 1, 2009, who--
       (A) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (B) is--
       (i) in the custody or under the effective control of the 
     Department of Defense; or
       (ii) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (2) The term ``foreign terrorist organization'' means any 
     organization so designated by the Secretary of State under 
     section 219 of the Immigration and Nationality Act (8 U.S.C. 
     1189).
       Sec. 1114. (a) Notwithstanding section 1101, none of the 
     funds appropriated or otherwise made available by this 
     division or any other Act (including division A of this Act) 
     may be used to construct or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 1115.  None of the funds appropriated or otherwise 
     made available by this division or any other Act (including 
     division A of this Act) may be obligated by any covered 
     executive agency in contravention of the certification 
     requirement of section 6(b) of the Iran Sanctions Act of 
     1996, as included in the revisions to the Federal Acquisition 
     Regulation pursuant to such section.
       Sec. 1116.  Section 550(b) of Public Law 109-295, as 
     amended by section 550 of Public Law 111-83, shall be applied 
     by substituting the date specified in section 1106 of this 
     division for ``October 4, 2010''.
       Sec. 1117.  Section 1(b)(2) of the Passport Act of June 4, 
     1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting 
     the date specified in section 1106 of this division for 
     ``September 30, 2010''.
       Sec. 1118. (a) Section 1115(d) of Public Law 111-32 shall 
     be applied by substituting the date specified in section 1106 
     of this division for ``October 1, 2010''.
       (b) Section 824(g) of the Foreign Service Act of 1980 (22 
     U.S.C. 4064(g)) shall be applied by substituting the date 
     specified in section 1106 of this division for ``October 1, 
     2010'' in paragraph (2).
       (c) Section 61(a) of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
     substituting the date specified in section 1106 of this 
     division for ``October 1, 2010'' in paragraph (2).
       (d) Section 625(j)(1) of the Foreign Assistance Act of 1961 
     (22 U.S.C. 2385(j)(1)) shall be applied by substituting the 
     date specified in section 1106 of this division for ``October 
     1, 2010'' in subparagraph (B).
       Sec. 1119.  The authority provided by section 1334 of the 
     Foreign Affairs Reform and Restructuring Act of 1998 (22 
     U.S.C. 6553) shall remain in effect through the date 
     specified in section 1106 of this division.
       Sec. 1120.  The provisions of title II of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall 
     continue in effect, notwithstanding section 209 of such Act, 
     through the earlier of: (1) the date specified in section 
     1106 of this division; or (2) the date of the enactment into 
     law of an authorization Act relating to the McKinney-Vento 
     Homeless Assistance Act.

TITLE II--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, 
                          AND RELATED AGENCIES

       Sec. 1201.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the Secretary'' shall be 
     $5,061,000.
       Sec. 1202.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of Tribal Relations'' shall 
     be $0.
       Sec. 1203.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Executive Operations, Office of 
     Chief Economist'' shall be $10,032,000.
       Sec. 1204.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Executive Operations, National 
     Appeals Division'' shall be $14,711,000.
       Sec. 1205.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Executive Operations, Office of 
     Budget and Program Analysis'' shall be $9,054,000.
       Sec. 1206.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of Advocacy and Outreach'' 
     shall be $0.
       Sec. 1207.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the Chief Information 
     Officer'' shall be $17,000,000.
       Sec. 1208.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the Chief Financial 
     Officer'' shall be $5,954,000.
       Sec. 1209.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of Civil Rights'' shall be 
     $21,551,000.
       Sec. 1210.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agriculture Buildings and Facilities 
     and Rental Payments'' shall be $259,751,000, of which 
     $178,470,000 shall be available for payments to the General 
     Services Administration for rent and of which $37,781,000 
     shall be for buildings operations and maintenance expenses.
       Sec. 1211.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Hazardous Materials Management'' 
     shall be $0.
       Sec. 1212.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Departmental Administration'' shall 
     be $30,706,000.
       Sec. 1213.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the Assistant Secretary 
     for Congressional Relations'' shall be $3,877,000.

[[Page H881]]

       Sec. 1214.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of Communications'' shall be 
     $9,514,000.
       Sec. 1215.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the Inspector General'' 
     shall be $80,000,000.
       Sec. 1216.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Office of the General Counsel'' 
     shall be $39,620,000.
       Sec. 1217.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Economic Research Service'' shall be 
     $79,500,000.
       Sec. 1218.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Agricultural Statistics 
     Service'' shall be $151,565,000: Provided, That the amounts 
     included under such heading in Public Law 111-80 shall be 
     applied to funds appropriated by this division by 
     substituting ``$33,494,000'' for ``$37,908,000''.

                              {time}  2120

  Mr. KINGSTON. Mr. Chairman, I ask unanimous consent that the 
remainder of the bill through page 172, line 21 be considered as read, 
printed in the Record, and open to amendment at any point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Georgia?
  There was no objection.
  The text of that portion of the bill is as follows:

       Sec. 1219.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Research Service, 
     Salaries and Expenses'' shall be $1,065,406,000.
       Sec. 1220.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Research Service, 
     Buildings and Facilities'' shall be $0.
       Sec. 1221.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Research and Education Activities'' shall be 
     $647,993,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$221,763,000'' for ``$215,000,000''; by substituting 
     ``$34,816,000'' for ``$29,000,000''; by substituting 
     ``$51,000,000'' for ``$48,500,000''; by substituting 
     ``$227,801,000'' for ``$216,482,000''; by substituting ``$0'' 
     for ``$89,029,000''; by substituting ``$20,500,000'' for 
     ``$18,250,000''; and by substituting ``$11,253,000'' for 
     ``$45,122,000''.
       Sec. 1222.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Extension Activities'' shall be $453,265,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$267,673,000'' 
     for ``$297,500,000'' and by substituting ``$8,565,000'' for 
     ``$20,396,000''.

  The CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1223.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, National Institute of Food and 
     Agriculture, Integrated Activities'' shall be $24,874,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$15,044,000'' for 
     ``$45,148,000''; by substituting ``$10,948,000'' for 
     ``$12,649,000''; by substituting ``$0'' for ``$14,596,000''; 
     by substituting ``$0'' for ``$4,388,000''; by substituting 
     ``$0'' for ``$1,365,000''; by substituting ``$0'' for 
     ``$3,054,000''; by substituting ``$0'' for ``$5,000,000''; by 
     substituting ``$0'' for ``$3,000,000''; by substituting 
     ``$0'' for ``$732,000''; and by substituting ``$0'' for 
     ``$1,312,000''.

                Amendment No. 97 Offered by Mr. DeFazio

  Mr. DeFAZIO. 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:

       Page 172, line 25, after the dollar amount, insert 
     ``(increased by $5,000,000)''.
       Page 173, line 8, after the first dollar amount, insert 
     ``(increased by $5,000,000)''.
       Page 173, line 14, after the dollar amount, insert 
     ``(reduced by $5,000,000)''.

  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. At this point, Mr. Chair, I would like to bring to the 
attention of the Congress that we're about to eliminate a program which 
is incredibly cost effective, which truly supports a growing proportion 
of profitable small family farms in America, which is to help with 
research and transition to organic production.
  In the most recent statistics, the organic sector of the agriculture 
production in this country was nearly $27 billion. That's up from $4 
billion in 1997. There are over 14,500 family farms engaged in organic 
agriculture, and they have been experiencing dramatic increases. Now 
you might say, well, why would we want to continue to research and help 
them. Well, we're spending a tremendous amount of money in research and 
subsidies on other crops which are obviously totally developed and do 
not need assistance.
  In this case, we're talking about many people who own struggling 
family farms who want to convert. They're interested in moving to 
organics because they know there is potential for higher profitability 
with those products with dramatically increasing demand. In fact, the 
USDA says that the average for small--these are truly small farms, not 
what some people consider small farms--organic farms was $46,000 last 
year and for all farms, small farms, was $26,000.
  So there are many people who are engaged in truly small farming 
activities who want to stay on the land, don't want to parcel it up, 
don't want to sell to the developers. They want to continue to live 
there, raise their kids there, but they're having trouble making ends 
meet. And this is an opportunity for many folks, an opportunity both 
for consumers who are demanding organically produced produce and for 
producers, and I think it would be very shortsighted to zero out this 
program at this point in time.
  So I'm asking that we take a very small percentage of the APHIS 
budget, well less than 1 percent, and at least on a temporary measure 
restore the cuts to the transitional and organic research portion of 
the budget in the hope that we can reach agreement on a sustainable way 
to fund this program in the future and look at more equitable 
distribution of funds, both for research and subsidies and other things 
that go on in the Department of Agriculture.
  The amount of money we're asking for here at $5 million is a tiny 
fraction of 1 percent of the amount of money that we're spending on 
subsidies for five crops in eight States to pay people not to grow 
things. Now, I think to actually help people to grow things, to grow 
healthy produce, to supply the American people, to be able to live on 
their farms, support their families and pass on the farms to the next 
generation, that this would be a very, very wise investment, and I wish 
that this had not been chosen for a cut. I'm hopeful that my colleagues 
will see the wisdom in restoring this cut and then looking in the next 
farm bill or in the next appropriation to an equitable division of 
these funds.
  Mr. KINGSTON. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Georgia is recognized for 5 
minutes.
  Mr. KINGSTON. Mr. Chairman, I rise to oppose the amendment, although 
I know the two authors of this amendment are very sincere about it, and 
I think that they are underscoring something that we want to encourage 
people to be organic farmers.
  But if you consider that organic farming is a $25 to $27 billion 
industry--in fact, my friend Mr. DeFazio just used the number $27 
billion--it is a successful ongoing and growing industry already, and I 
do not believe that we need to continue the transition subsidy program 
to get more farmers in it. American farmers know where the profit is. 
They follow the commodity. The commodity follows the profit. They get 
into an area where it is going to be most profitable already.
  But I'm also concerned that the Animal and Plant Health Inspection 
Service has already been cut $38 million, and this is a service that 
enforces animal welfare, pest, and diseases. It is very important to 
all farmers. It is cut at this point 4.3 percent, and I hate to see an 
additional $5 million taken out of it.
  So while I have sympathy for what the gentlemen are trying to do--and 
I know that they are great advocates for organic farmers--I oppose the 
amendment at this time.
  Mr. HOLT. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. HOLT. Our colleagues may recall that Mr. DeFazio and I and others 
offered essentially this amendment in fiscal year 2007 and it passed, 
demonstrating the strong bipartisan support in this House for an 
increase in funding in this program. The $5 million funding level, 
however, although it was preserved until now, has been completely 
eliminated by this continuing resolution. In other words, both sides of 
this aisle have felt that this is worthwhile spending.

[[Page H882]]

  Despite the worst economic downturn we've experienced since the 
Depression, the market for organic consumer products grew more than 5 
percent in the past year, well several times the growth of conventional 
food sales, and growth in organic nonfood items was even more 
pronounced, increasing more than 9 percent as compared to 1 percent in 
conventional nonfood items.
  Now, my friend who just spoke in opposition to the legislation, Mr. 
Kingston, said, well, it's a booming industry, why do we need to do 
this? Well, transition from nonorganic farming to organic farming is a 
big step, especially for a small farm, and although there are more than 
13,000 certified organic producers in the United States, that's not 
enough. We still need to help farmers make the transition to organic 
farming, and this program does more than help them make transition. It 
helps build an understanding of best practice.
  The organic transition program is a highly competitive grants 
program. It's been extremely important to the organic farming 
community. It funds research to assist the farmers in overcoming the 
barriers to make the transition and, as I say, to understand organic 
farming. Through grants awarded under this program, for example, 
projects were funded at Ohio State to study the impact of organic 
animal production on water quality or grafting to improve organic 
vegetable production. The small farmers don't have the opportunity to 
do this research as they are facing the big step of whether to make the 
transition to organic farming.

                              {time}  2130

  At the University of Minnesota, this competitive grants program 
facilitated organic poultry production and helped achieve soybean aphid 
suppression using a fall-seeded rye cover crop. In other words, the 
organic industry really benefits from this.
  We should be talking about job creation. The bill before us today, as 
it appears, will cost hundreds of thousands of jobs--cost hundreds of 
thousands of jobs. It will end hundreds of thousands of jobs. We should 
focus our resources on industries that are growing and providing jobs. 
This quite small restoration of funds, $5 million, would do a great 
deal for the quality of life of farmers but also for jobs in America.
  I urge my colleagues to support this amendment to restore $5 million 
to the organic transitions program.
  I yield back the balance of my time.
  Mr. FARR. I move to strike the last word.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. FARR. Mr. Chair, I was going to speak on this, but let me tell 
you why I changed my mind. First of all, I represent the largest number 
of organic growers in the United States and the headquarters of 
Earthbound Farm, which is the largest shipper of organic produce in the 
United States. And what concerns me is that you totally wiped out the 
program, zeroed it out.
  It is organic transition grants. One, they are competitive because 
they are grants. Two, it's about people transitioning from traditional 
agriculture, which is agriculture that uses pesticides, herbicides, and 
so on, into organic, where you have to lay your land fallow, which 
means that you can't, for 3 years, use any of those fumigants on your 
land. That is what this money goes to, to help you transition.
  It is not major agriculture that needs these transition grants. It's 
the really small farmer who finds, as was stated previously, an organic 
niche that they want to sell to, and they need some assistance both in 
research and how do you get certified. Because in order to be organic, 
you have to go out there and have people test everything and be 
certified as organic before you are allowed to use the ``organic'' 
label on your marketing.
  So it's a small amount of money, but to zero it out I think is just 
going too far. I support the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. KINGSTON. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 1224.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Animal and Plant Health Inspection 
     Service, Salaries and Expenses'' shall be $829,953,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division by substituting ``$45,219,000'' for 
     ``$60,243,000''.
       Sec. 1225.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Marketing Service, 
     Marketing Services'' shall be $81,711,000.
       Sec. 1226.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Agricultural Marketing Service, 
     Limitation on Administrative Expenses'' shall be $60,947,000 
     (from fees collected).
       Sec. 1227.  The amounts included under the heading 
     ``Agricultural Programs, Agricultural Marketing Service, 
     Funds for Strengthening Markets, Income, and Supply (Section 
     32)'' in Public Law 111-80 shall be applied to funds 
     appropriated by this division by substituting ``$0'' for 
     ``$10,000,000''.
       Sec. 1228.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Grain Inspection, Packers and 
     Stockyards Administration, Salaries and Expenses'' shall be 
     $40,342,000.
       Sec. 1229.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Grain Inspection, Packers and 
     Stockyards Administration, Limitation on Inspection and 
     Weighing Services Expenses'', $45,041,000.
       Sec. 1230.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Food Safety and Inspection Service'' 
     shall be $930,120,000.

          Amendment No. 93 Offered by Mr. Connolly of Virginia

  Mr. CONNOLLY of Virginia. Mr. Chair, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 174, line 17, after the dollar amount, insert 
     ``(reduced by $200,000,000)''.
       Page 347, strike lines 8 through 10.

  Mr. KINGSTON. Mr. Chairman, I reserve a point of order on the 
gentleman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The gentleman from Virginia is recognized for 5 minutes.
  Mr. CONNOLLY of Virginia. Mr. Chairman, I offer this amendment on 
behalf of myself, Mr. Hoyer, Mr. Moran, Ms. Edwards, and Mr. Van 
Hollen.
  In his final term in Congress, my Republican predecessor Tom Davis 
helped broker an agreement to boost Metro funding by the Federal, 
State, and local governments. Under this agreement, the Federal 
Government would invest $150 million annually, to be matched by 
Virginia, Maryland, and the District of Columbia. This investment is 
essential for our region, as it has provided WMATA with funding to 
begin fixing the safety problems identified by the National 
Transportation Safety Board, which will cost over $1 billion, 
cumulatively. It also is essential for the Federal Government to 
function efficiently, even as the Federal Government fails to pay its 
fair share compared to local and State funding for Metro. Finally, 
unlike any other transit system in America, our Metro system serves 12 
million tourists annually who come to visit their Nation's Capital.
  The Federal Government relies on a functional Metro system. Mr. 
Chairman, over half of all Metro stations serve Federal offices, and 40 
percent of the entire Federal workforce uses Metro to get to work every 
day. As Congress, itself, noted when passing the National Capital 
Region Transportation Act in 1960, ``An improved transportation system 
of the National Capital Region is essential to the continued and 
effective performance of the functions of the Government of the United 
States.''
  From September 11 to the blizzards of last year, we have learned 
through hard experience that Metro is essential to move people both 
through severe weather and emergencies in our region.
  President Obama included the $150 million that my Republican 
predecessor's authorization bill called for in his budget, but the 
Republican leadership removed it in this continuing resolution.
  Perhaps my newer colleagues have not yet had a chance to visit 
northern

[[Page H883]]

Virginia, where the Metrorail extension to Dulles Airport is spurring 
billions of dollars in private investment while providing thousands of 
jobs for the construction workers building the rail line. If my 
colleagues had visited this project, they might hesitate to eliminate 
investments like this, which will be repaid many times over by 
subsequent private investment.
  In recognition of the importance of this Metro funding, I introduced 
an amendment on behalf of my colleagues and myself to restore $150 
million in Federal funding which would be matched by State governments. 
To offset this expense and reduce the deficit, I have proposed 
offsetting the expense by cutting direct payments to large 
agribusiness.
  As we debate this bill, there are people at work building rail to 
Dulles; and if the Republican majority succeeds in passing 
appropriations bills such as this, those transportation projects, jobs, 
and real estate investments will be a thing of the past. One step we 
can take to reduce the damage done by this CR is to restore this 
critical Metro funding.
  Mr. HOYER. Mr. Chair, I rise today to support the intent of the 
Connolly Amendment which seeks to restore $150 million in dedicated 
Federal funding to ``America's Subway''--the Washington Metro--which is 
otherwise eliminated under the Republican Continuing Resolution.
  The Washington Metropolitan Area Transit Authority (WMATA) operates 
the country's second largest rail system. Every day, that system 
carries more than a million people--from the Federal employees who keep 
our government running, to the families from across the country who 
come to visit their nation's capital. Clearly, the system warrants a 
strong commitment from the Federal Government.
  In 2009, we passed, and the President signed, legislation that 
provides $1.5 billion in Federal dedicated funding to WMATA over the 
next 10 years to help meet the capital and infrastructure needs of the 
30-year old system. The first installment of this funding--which is 
being matched by the District of Columbia, Virginia, and Maryland--was 
appropriated in Fiscal 2010.
  This investment is, first and foremost, being used to move forward 
with the implementation of the recommendations of the National 
Transportation Safety Board following the horrific Red Line crash which 
tragically killed 9 people and injured many more. This includes the 
purchase of the new series 7000 rail cars to replace the oldest cars in 
the fleet. This funding will also enable Metro to rebuild its core 
infrastructure, replacing miles of track, switches and fasteners, 
maintenance work that will help to build a safer, more reliable system.
  Eliminating this funding will cause the Federal Government to renege 
on its statutory commitment to the Metro system, endangers the local 
match, hampers the ability of Metro to make much needed safety and 
capital improvements, and puts at risk countless tourists and commuters 
who ride Metro every day. I urge my colleagues to restore this critical 
investment in the Washington Metro System.
  Mr. CONNOLLY of Virginia. Mr. Chairman, I yield back the balance of 
my time.


                             Point of Order

  Mr. KINGSTON. Mr. Chairman, I have a point of order.
  The Acting CHAIR. The gentleman will state the point of order.
  Mr. KINGSTON. Mr. Chairman, the amendment proposes to amend portions 
of the bill not yet read. The amendment may not be considered en bloc 
under clause 2(f) of rule XXI because the amendment proposes a transfer 
of funds between the subcommittees.
  Here's what's going on: You are mixing your operating and your 
capital funds on this particular account, and this committee does not 
have jurisdiction over those accounts. And I want to point out that the 
subcommittee has worked very hard to balance all these very difficult 
cuts. We're trying to work within our 302(b) allocations. We're in a 
situation right now, for every dollar that we spend as a U.S. 
Government, 40 cents is borrowed.
  The Acting CHAIR. If the gentleman would confine his remarks to his 
point of order first.
  Mr. KINGSTON. I am speaking to the point of order, and I ask for a 
ruling of the Chair.

                              {time}  2140

  The Acting CHAIR. Does anyone wish to be heard on the point of order?
  Mr. CONNOLLY of Virginia. Mr. Chairman, I deeply regret that my 
colleague would invoke a point of order. As I said, the Metro funding, 
in this case, talks about difficult decisions. This zeros out the 
entire Federal amount of subsidy for capital construction and safety 
improvements from a system that is over 30 years old, reaching 
capacity, and serves, first and foremost, the Federal workforce.
  The Acting CHAIR. Will the gentleman confine his remarks to the point 
of order.
  Mr. CONNOLLY of Virginia. Oh, I thought I was speaking to the point 
of order and the points made by our colleagues.
  The Acting CHAIR. Remarks need to be in reference to the point of 
order, not the amendment.
  Mr. CONNOLLY of Virginia. As I said, Mr. Chairman, I deeply regret 
the fact that my colleague would cite a point of order on a bill of 
such importance to the National Capital region.
  The Acting CHAIR. Does anyone else wish to be heard?
  To be considered en bloc, pursuant to clause 2(f) of rule XXI and 
section 2 of House Resolution 92, an amendment must propose only to 
transfer appropriations among objects in the bill and may not address 
objects within more than one sub-allocation made by the Committee on 
Appropriations under section 302(b) of the Congressional Budget Act of 
1974.
  Because the amendment offered by the gentleman from Virginia proposes 
to transfer appropriations between objects falling within more than one 
sub-allocation, it may not avail itself of clause 2(f) of rule XXI to 
address portions of the bill not yet read.
  The amendment is not in order.
  The Clerk will resume reading the bill.
  The Clerk read as follows:
       Sec. 1231.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Farm Service Agency, Salaries and 
     Expenses'' shall be $1,063,558,000.
       Sec. 1232.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Farm Service Agency, Grassroots 
     Source Water Protection Program'' shall be $4,630,000.
       Sec. 1233.  The amounts included under the heading 
     ``Agricultural Programs, Farm Service Agency, Agricultural 
     Credit Insurance Fund Program Account'' in Public Law 111-80 
     shall be applied to funds appropriated by this division as 
     follows: by substituting ``$1,975,000,000'' for 
     ``$2,150,000,000''; by substituting ``$475,000,000'' for 
     ``$650,000,000''; by substituting ``$2,544,035,000'' for 
     ``$2,670,000,000'', by substituting ``$900,000,000'' for 
     ``$1,000,000,000''; by substituting ``$144,035,000'' for 
     ``$170,000,000''; by substituting ``$0'' for ``$3,940,000''; 
     by substituting ``$110,602,000'' for ``$150,000,000''; by 
     substituting ``$0'' for ``$75,000,000'' the first and second 
     place it appears; by substituting ``$0'' for ``$10,000,000''; 
     by substituting ``$38,570,000'' for ``$32,070,000''; by 
     substituting ``$32,870,000'' for ``$26,520,000''; by 
     substituting ``$109,410,000'' for ``$106,402,000''; by 
     substituting ``$34,950,000'' for ``$35,100,000''; by 
     substituting ``$19,920,000'' for ``$23,902,000''; by 
     substituting ``$54,540,000'' for ``$47,400,000''; by 
     substituting ``$0'' for ``$1,065,000''; by substituting 
     ``$0'' for ``$278,000''; by substituting ``$0'' for 
     ``$793,000''; by substituting ``$318,508,000'' for 
     ``$321,093,000'', and by substituting ``$305,588,000'' for 
     ``$313,173,000''. Funds appropriated by this division to such 
     heading for farm ownership, operating and conservation direct 
     loans, and guaranteed loans may be transferred among these 
     programs: Provided, That the Secretary of Agriculture shall 
     notify the Committees on Appropriations of the House of 
     Representatives and the Senate at least 15 days in advance of 
     any transfer.
       Sec. 1234.  Notwithstanding section 1101, the level for 
     ``Agricultural Programs, Risk Management Agency'' shall be 
     $77,177,000.
       Sec. 1235.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Conservation Operations'' shall be $836,000,000.
       Sec. 1236.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Watershed and Flood Prevention Operations'' shall be 
     $0.
       Sec. 1237.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Watershed Rehabilitation Program'' shall be 
     $20,000,000.
       Sec. 1238.  Notwithstanding section 1101, the level for 
     ``Conservation Programs, Natural Resources Conservation 
     Service, Resource Conservation and Development'' shall be $0.
       Sec. 1239.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Development Salaries and 
     Expenses'' shall be $181,987,000.
       Sec. 1240.  The amounts included under the heading ``Rural 
     Development Programs, Rural Housing Service, Rural Housing 
     Insurance Fund Program Account'' in Public Law 111-80 for 
     gross obligations for the principal amount of direct and 
     guaranteed loans as authorized by title V of the Housing Act 
     of 1949 shall be applied to funds appropriated by this 
     division by substituting ``$34,004,000'' for ``$34,412,000'' 
     and by substituting, ``$5,052,000'' for ``$5,045,000''.

[[Page H884]]

       Sec. 1241.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for the cost of 
     direct and guaranteed loans, including the cost of modifying 
     loans, authorized by section 502 of the Housing Act of 1949 
     shall be $70,200,000: Provided, That the amounts included for 
     such costs under such heading in Public Law 111-80 shall be 
     applied to funds appropriated by this division by 
     substituting ``$70,200,000'' for ``$40,710,000'' in the case 
     of direct loans and by substituting ``$0'' for 
     ``$172,800,000'' in the case of unsubsidized guaranteed 
     loans.
       Sec. 1242.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for the cost of 
     housing repair loans authorized by section 504 of the Housing 
     Act of 1949 shall be $6,437,000.
       Sec. 1243.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for the cost of 
     repair, rehabilitation, and new construction of rental 
     housing authorized by section 515 of the Housing Act of 1949 
     shall be $23,446,000.
       Sec. 1244.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for the cost of 
     multi-family housing guaranteed loans authorized by section 
     538 of the Housing Act of 1949 shall be $12,513,000.
       Sec. 1245.  In addition to amounts otherwise appropriated 
     or made available by this division, there is appropriated to 
     the Secretary of Agriculture $288,000 for section 523 self-
     help housing land development loans authorized by section 523 
     of the Housing Act of 1949 and $294,000 for site development 
     loans authorized by section 524 of such Act.
       Sec. 1246.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Insurance Fund Program Account'' for administrative 
     expenses necessary to carry out the direct and guaranteed 
     loan programs shall be $454,383,000.
       Sec. 1247.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rental 
     Assistance Program'' shall be $955,635,000: Provided, That 
     the amounts included under such heading in Public Law 111-80 
     shall be applied to funds appropriated by this division by 
     substituting ``$0'' for ``$5,958,000''; by substituting 
     ``$0'' for ``$50,000''; and by substituting ``$3,000,000'' 
     for ``$3,400,000''.
       Sec. 1248.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Multi-
     Family Housing Revitalization Program Account'' shall be 
     $16,400,000: Provided, That only the first, second, and 
     fourth provisos under such heading in Public Law 111-80, 
     relating to rural housing vouchers to low-income households, 
     shall apply to funds appropriated by this division and the 
     third, fifth, and subsequent provisos under such heading 
     shall not apply to funds appropriated by this division.
       Sec. 1249.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Mutual 
     and Self-Help Housing Grants'' shall be $37,000,000.
       Sec. 1250.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Housing Assistance Grants'' shall be $40,400,000.
       Sec. 1251.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Housing Service, Rural 
     Community Facilities Program Account'' shall be $32,450,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-80 shall be applied to funds appropriated by 
     this division as follows: by substituting, ``$0'' for 
     ``$6,256,000''; by substituting ``$0'' for ``$13,902,000''; 
     and by substituting, ``$0'' for ``$3,972,000''.
       Sec. 1252.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Business Program Account'' shall be 
     $84,505,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division as follows: by substituting, 
     ``$0'' for ``$500,000''; and by substituting, ``$0'' for 
     ``$250,000''.
       Sec. 1253.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Development Loan Fund Program Account'' for 
     the principal amount of direct loans as authorized by Rural 
     Development Loan Fund shall be $21,936,000.
       Sec. 1254.  Notwithstanding section 1101, in connection 
     with the ``Rural Development Programs, Rural Business-
     Cooperative Service, Rural Economic Development Loans Program 
     Account'', of the funds derived from interest on the cushion 
     of credit payments, as authorized by section 313 of the Rural 
     Electrification Act of 1936, $207,000,000 shall not be 
     obligated and $207,000,000 is rescinded.
       Sec. 1255.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Cooperative Development Grants'' shall be 
     $30,254,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division as follows: by substituting 
     ``$0'' for ``$300,000''; by substituting ``$0'' for 
     ``$2,800,000''; and by substituting ``$18,867,000'' for 
     ``$20,367,000''.
       Sec. 1256.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Microenterprise Investment Program Account'' 
     shall be $3,350,000.
       Sec. 1257.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Business-Cooperative 
     Service, Rural Energy for America Program'' shall be 
     $25,010,000.
       Sec. 1258.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, Rural 
     Water and Waste Disposal Program Account'' shall be 
     $405,564,000: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division as follows: by substituting, 
     ``$60,000,000'' for ``$70,00,000''; by substituting 
     ``$5,000,000'' for ``$6,000,000''; and by substituting, 
     ``$0'' for ``$17,500,000''.
       Sec. 1259.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, Rural 
     Electrification and Telecommunications Loans Program 
     Account'' for administrative expenses necessary to carry out 
     the direct and guaranteed loan programs shall be $38,374,000.
       Sec. 1260.  Notwithstanding section 1101, the level for 
     ``Rural Development Programs, Rural Utilities Service, 
     Distance Learning, Telemedicine, and Broadband Program'' 
     shall be $30,000,000: Provided, That the amounts included 
     under such heading in Public Law 111-80 shall be applied to 
     funds appropriated by this division as follows: by 
     substituting, ``$0'' for ``$4,500,000''; by substituting, 
     ``$0'' for ``$28,960,000''; and by substituting, 
     ``$13,406,000'' for ``$17,976,000''.
       Sec. 1261.  The amounts included under the heading 
     ``Domestic Food Programs, Food and Nutrition Service, Child 
     Nutrition Programs'' in Public Law 111-80 shall be applied to 
     funds appropriated by this division by substituting ``$0'' 
     for ``$1,000,000'' and by substituting ``$0'' for 
     ``$5,000,000''.
       Sec. 1262.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, Special 
     Supplemental Nutrition Program for Women, Infants, and 
     Children (WIC)'' shall be $6,504,781,000.
       Sec. 1263.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, 
     Commodity Assistance Program'', shall be $241,979,000, of 
     which $151,409,000 shall be for the Commodity Supplemental 
     Food Program: Provided, That the amounts included under such 
     heading in Public Law 111-80 shall be applied to funds 
     appropriated by this division by substituting ``$0'' for 
     ``$6,000,000''.
       Sec. 1264.  Notwithstanding section 1101, the level for 
     ``Domestic Food Programs, Food and Nutrition Service, 
     Nutrition Programs Administration'' shall be $144,801,000.
       Sec. 1265.  Notwithstanding section 1101, the level for 
     ``Foreign Assistance and Related Programs, Foreign 
     Agricultural Service, Salaries and Expenses'' shall be 
     $165,436,000.
       Sec. 1266.  Notwithstanding section 1101, the level for 
     ``Foreign Assistance and Related Programs, Foreign 
     Agricultural Service, Food for Peace Title II Grants'' shall 
     be $1,003,000,000.
       Sec. 1267.  Notwithstanding section 1101, the level for 
     ``Foreign Assistance and Related Programs, Foreign 
     Agricultural Service, McGovern-Dole International Food for 
     Education and Child Nutrition Program Grants'' shall be 
     $100,000,000.
       Sec. 1268.  Notwithstanding section 1101, the level for 
     ``Related Agencies and Food and Drug Administration, Food and 
     Drug Administration, Salaries and Expenses'' shall be 
     $3,307,418,000: Provided, That of the amount provided under 
     this heading, $667,057,000 shall be derived from prescription 
     drug user fees authorized by section 736 of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 379h), shall be credited to 
     this account and remain available until expended, and shall 
     not include any fees pursuant to paragraphs (2) and (3) of 
     section 736(a) of such Act (21 U.S.C. 379h(a)(2) and (a)(3)) 
     assessed for fiscal year 2012 but collected in fiscal year 
     2011; $61,860,000 shall be derived from medical device user 
     fees authorized by section 738 of such Act (21 U.S.C. 379j), 
     and shall be credited to this account and remain available 
     until expended; $19,448,000 shall be derived from animal drug 
     user fees authorized by section 740 of such Act (21 U.S.C. 
     379j-12), and shall be credited to this account and remain 
     available until expended; $5,397,000 shall be derived from 
     animal generic drug user fees authorized by section 741 of 
     such Act (21 U.S.C. 379j-21), and shall be credited to this 
     account and shall remain available until expended; and 
     $450,000,000 shall be derived from tobacco product user fees 
     authorized by section 919 of such Act (21 U.S.C. 387s) and 
     shall be credited to this account and remain available until 
     expended: Provided further, That in addition and 
     notwithstanding any other provision under this heading, 
     amounts collected for prescription drug user fees that exceed 
     the fiscal year 2011 limitation are appropriated and shall be 
     credited to this account and remain available until expended: 
     Provided further, That fees derived from prescription drug, 
     medical device, animal drug, animal generic drug, and tobacco 
     product assessments for fiscal year 2011 received during 
     fiscal year 2011, including any such fees assessed prior to 
     fiscal year 2011 but credited for fiscal year 2011, shall be 
     subject to the fiscal year 2011 limitations: Provided 
     further, That none of these funds shall be used to develop, 
     establish, or operate any program of user fees authorized by 
     31 U.S.C. 9701: Provided further, That of the total amount 
     appropriated under this heading: (1) $727,220,000 shall be 
     for the Center for Food Safety and Applied Nutrition and 
     related field activities

[[Page H885]]

     in the Office of Regulatory Affairs; (2) $895,460,000 shall 
     be for the Center for Drug Evaluation and Research and 
     related field activities in the Office of Regulatory Affairs; 
     (3) $296,937,000 shall be for the Center for Biologics 
     Evaluation and Research and for related field activities in 
     the Office of Regulatory Affairs; (4) $145,103,000 shall be 
     for the Center for Veterinary Medicine and for related field 
     activities in the Office of Regulatory Affairs; (5) 
     $318,768,000 shall be for the Center for Devices and 
     Radiological Health and for related field activities in the 
     Office of Regulatory Affairs; (6) $35,052,000 shall be for 
     the National Center for Toxicological Research; (7) 
     $421,463,000 shall be for the Center for Tobacco Products and 
     for related field activities in the Office of Regulatory 
     Affairs; (8) not to exceed $100,482,000 shall be for Rent and 
     Related activities, of which $22,683,000 is for White Oak 
     Consolidation, other than the amounts paid to the General 
     Services Administration for rent; (9) not to exceed 
     $182,661,000 shall be for payments to the General Services 
     Administration for rent; and (10) $184,272,000 shall be for 
     other activities, including the Office of the Commissioner of 
     Food and Drugs; the Office of Foods; the Office of the Chief 
     Scientist; the Office of Policy, Planning and Budget; the 
     Office of International Programs; the Office of 
     Administration; and central services for these offices: 
     Provided further, That none of the funds made available under 
     this heading shall be used to transfer funds under section 
     770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     379dd): Provided further, That not to exceed $25,000 of the 
     amount provided under this heading shall be for official 
     reception and representation expenses, not otherwise provided 
     for, as determined by the Commissioner: Provided further, 
     That funds may be transferred from one specified activity to 
     another with the prior approval of the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 1269.  Notwithstanding section 1101, the level for 
     ``Related Agencies and Food and Drug Administration, 
     Independent Agencies, Commodity Futures Trading Commission'' 
     shall be $112,000,000, to remain available until September 
     30, 2012: Provided, That the proviso under such heading in 
     Public Law 111-80 shall not apply to funds appropriated by 
     this division.
       Sec. 1270.  Notwithstanding any other provision of this 
     division, the following set-asides included in Public Law 
     111-80 for ``Congressionally Designated Projects'' in the 
     following accounts for the corresponding amounts shall not 
     apply to funds appropriated by this division:
       (1) ``Agricultural Programs, Agricultural Research Service, 
     Salaries and Expenses'', $44,138,000.
       (2) ``Agricultural Programs, National Institute of Food and 
     Agriculture, Research and Education Activities'', 
     $120,054,000.
       (3) ``Agricultural Programs, National Institute of Food and 
     Agriculture, Extension Activities'', $11,831,000.
       (4) ``Agricultural Programs, Animal and Plant Health 
     Inspection Service, Salaries and Expenses'', $24,410,000.
       (5) ``Conservation Programs, Natural Resources Conservation 
     Service, Conservation Operations'', $37,382,000.
       Sec. 1271.  Notwithstanding any other provision of this 
     division, the following provisions included in Public Law 
     111-80 shall not apply to funds appropriated by this 
     division:
       (1) The first proviso under the heading ``Agricultural 
     Programs, Agriculture Buildings and Facilities and Rental 
     Payments''.
       (2) The second proviso under the heading ``Conservation 
     Programs, Natural Resources Conservation Service, 
     Conservation Operations''.
       (3) The second proviso under the heading ``Rural 
     Development Programs, Rural Utilities Service, Rural Water 
     and Waste Disposal Account''.
       (4) The first proviso under the heading ``Domestic Food 
     Programs, Food and Nutrition Service, Commodity Assistance 
     Program''.
       (5) The first proviso under the heading ``Foreign 
     Assistance and Related Programs, Foreign Agricultural 
     Service, McGovern-Dole International Food for Education and 
     Child Nutrition Program Grants''.
       Sec. 1272.  Sections 718, 723, 727, 728, 738, 739, and 741 
     of Public Law 111-80 shall be applied to funds appropriated 
     by this division by substituting $0 for the dollar amounts 
     included in those sections.
       Sec. 1273.  Sections 715, 716, 721(2), 721(3), 724, 725, 
     726, 729, 730, 734, 735, 743, 745, and 748 of Public Law 111-
     80 shall not apply for fiscal year 2011.
       Sec. 1274.  Sections 737, 740, 747, and 749 of Public Law 
     111-80 authorized or required certain actions that have been 
     performed before the date of the enactment of this division 
     and need not reoccur.
       Sec. 1275.  Appropriations to the Department of Agriculture 
     made available in fiscal year 2005 to carry out section 601 
     of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) for 
     the cost of direct loans shall remain available until 
     expended to disburse valid obligations made in fiscal years 
     2005 and 2006.
       Sec. 1276.  In the case of each program established or 
     amended by the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246), other than by title I or subtitle A of 
     title III of such Act, or programs for which indefinite 
     amounts were provided in that Act that is authorized or 
     required to be carried out using funds of the Commodity 
     Credit Corporation: (1) such funds shall be available for 
     salaries and related administrative expenses, including 
     technical assistance, associated with the implementation of 
     the program, without regard to the limitation on the total 
     amount of allotments and fund transfers contained in section 
     11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 
     714i); and (2) the use of such funds for such purpose shall 
     not be considered to be a fund transfer or allotment for 
     purposes of applying the limitation on the total amount of 
     allotments and fund transfers contained in such section.
       Sec. 1277.  With respect to any loan or loan guarantee 
     program administered by the Secretary of Agriculture that has 
     a negative credit subsidy score for fiscal year 2011, the 
     program level for the loan or loan guarantee program, for the 
     purposes of the Federal Credit Reform Act of 1990, shall be 
     the program level established pursuant to such Act for fiscal 
     year 2010.
       Sec. 1278.  Section 721(1) of Public Law 111-80 (123 Stat. 
     2122) is amended by striking ``$1,180,000,000'' and inserting 
     ``$1,238,000,000''.
       Sec. 1279.  Section 742 of Public Law 111-80 (123 Stat. 
     2128) is amended by striking ``$11,000,000'' and inserting 
     ``$15,000,000''.
       Sec. 1280.  The following provisions of Public Law 111-80 
     shall be applied to funds appropriated by this division by 
     substituting ``2010'', ``2011'', and ``2012'' for ``2009'', 
     ``2010'', and ``2011'', respectively, in each instance that 
     such terms appear:
       (1) The second paragraph under the heading ``Agricultural 
     Programs, Animal and Plant Health Inspection Service, 
     Salaries and Expenses''.
       (2) The second proviso under the heading ``Agricultural 
     Programs, Food Safety and Inspection Service''.
       (3) The first proviso in the second paragraph under the 
     heading ``Rural Development Programs, Rural Housing Service, 
     Rural Housing Insurance Fund Program Account''.
       (4) The fifth proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Rental Assistance Program''.
       (5) The proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Mutual and Self-Help Housing 
     Grants''.
       (6) The first proviso under the heading ``Rural Development 
     Programs, Rural Housing Service, Rural Housing Assistance 
     Grants''.
       (7) The seventh proviso under the heading ``Rural 
     Development Programs, Rural Housing Service, Rural Community 
     Facilities Program Account''.
       (8) The third proviso under the heading ``Rural Development 
     Programs, Rural Business--Cooperative Service, Rural Business 
     Program Account''.
       (9) The four availability of funds clauses under the 
     heading ``Rural Development Programs, Rural Business--
     Cooperative Service, Rural Development Loan Fund Program 
     Account''.
       (10) The fifth proviso under the heading ``Rural 
     Development Programs, Rural Utilities Service, Rural Water 
     and Waste Disposal Program Account''.
       (11) Sections 713, 717, 732, and 746.
       Sec. 1281.  None of the funds appropriated or otherwise 
     made available by this division or any other Act shall be 
     used to pay the salaries and expenses of personnel to carry 
     out the Wetlands Reserve Program authorized by sections 1237-
     1237F of the Food Security Act of 1985 (16 U.S.C. 3837-3837f) 
     to enroll in excess of 202,218 acres in fiscal year 2011: 
     Provided, That such program shall be permanently reduced by 
     47,782 acres.
       Sec. 1282.  None of the funds appropriated or otherwise 
     made available by this division or any other Act shall be 
     used to pay the salaries and expenses of personnel to carry 
     out the Conservation Stewardship Program authorized by 
     sections 1238D-1238G of the Food Security Act of 1985 (16 
     U.S.C. 3838d-3838g) in excess of $649,000,000.
       Sec. 1283.  None of the funds appropriated or otherwise 
     made available by this division or any other Act shall be 
     used to pay the salaries and expenses of personnel to carry 
     out the program authorized by section 14 of the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1012): 
     Provided, That of the funds available under such section for 
     fiscal year 2011, $165,000,000 is rescinded.
       Sec. 1284.  None of the funds appropriated or otherwise 
     made available by this division or any other Act shall be 
     used to pay the salaries and expenses of personnel to 
     transfer in fiscal year 2011 to the Administrator of the Food 
     and Nutrition Service under subsection (b) of section 14222 
     of the Food, Conservation, and Energy Act of 2008 (Public Law 
     110-246; 122 Stat. 2245) an amount in excess of 
     $1,098,000,000: Provided, That none of the funds made 
     available by this division or any other Act shall be used to 
     pay the salaries and expenses of personnel to carry out 
     section 19 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1769a) utilizing funds otherwise required to 
     be made available under subsection (i)(1)(D) of such section 
     19 in excess of $33,000,000, including the transfer of funds 
     under subsection (c) of such section 14222, until October 1, 
     2011: Provided further, That the remaining $117,000,000 of 
     the amount specified in subsection (i)(1)(D) of such section 
     19 made available on October 1, 2011, to carry out such 
     section 19 shall be excluded from the limitation described in 
     subsection (b)(2)(A)(iv) of such section 14222 for fiscal 
     year 2012.
       Sec. 1285.  None of the funds appropriated or made 
     available by this division or any other Act shall be used to 
     pay the salaries and expenses of personnel to carry out the

[[Page H886]]

     Biomass Crop Assistance Program authorized by section 9011 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8111) in excess of $112,000,000.
       Sec. 1286.  Of the unobligated balances available for 
     ``Agricultural Programs, Agricultural Research Service, 
     Buildings and Facilities'' $223,700,000 is rescinded.
       Sec. 1287.  Of the unobligated balances available for the 
     cost of broadband loans, as authorized by section 601 of the 
     Rural Electrification Act of 1936, $15,000,000 is rescinded.
       Sec. 1288. (a) Notwithstanding this Act or any other Act, 
     of the unobligated balances available to the Department of 
     Agriculture from prior appropriations, $585,000,000 in 
     appropriated discretionary funds are hereby rescinded.
       (b) The Secretary of Agriculture shall determine and 
     identify from which appropriation accounts the rescission 
     under subsection (a) shall apply and the amount of such 
     rescission that shall apply to each such account. Not later 
     than 30 days after the date of the enactment of this Act, the 
     Secretary of Agriculture shall submit a report to the 
     Committees on Appropriations of both Houses of Congress and 
     the Secretary of the Treasury of the accounts and amounts 
     determined and identified for rescission under the preceding 
     sentence: Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.

      TITLE III--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

       Sec. 1301.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, International Trade Administration, 
     Operations and Administration'' shall be $450,989,000.
       Sec. 1302.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, Economic Development 
     Administration, Economic Development Assistance Programs'' 
     shall be $175,000,000.

  Mr. ROGERS of Kentucky (during the reading). Mr. Chairman, I ask 
unanimous consent that the remainder of the bill through page 196, line 
18 be considered as read, printed in the Record, and open to amendment 
at any point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Kentucky?
  There was no objection.


                Amendment No. 153 Offered by Mr. Michaud

  Mr. MICHAUD. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Page 196, line 18, after the dollar amount insert 
     ``(increased by $80,000,000)''.
       Page 199, line 6, after the dollar amount insert ``(reduced 
     by $80,000,000)''.

  The Acting CHAIR. The gentleman from Maine is recognized for 5 
minutes.
  Mr. MICHAUD. Mr. Chairman, I rise today to offer this amendment to 
restore funding to the Economic Development Administration. The 
investments made by EDA in all of our districts lead to economic 
development and job creation. But these investments are not just some 
government handout.
  By law, EDA projects require a 50 percent local cost share and must 
leverage significant private sector investment. EDA's investments are 
also competitive and based on a regional, comprehensive economic 
development strategy that are spearheaded by local officials, private 
sector leaders and community representatives. The agency utilizes this 
approach to reflect the local and regional priority of our communities. 
But most importantly, all EDA project investments must result in 
creation and retention of high-quality jobs.
  Let me repeat: EDA is the one agency of the Federal Government that 
has a singular focus of creating jobs, and it has a strong track record 
of success in my home State of Maine and throughout the country.

                              {time}  2150

  In fact, from 2004 to 2008, EDA-funded projects directly led to the 
creation of approximately 200,000 jobs.
  All of us support cuts to spending to get our fiscal house in order, 
but we all are realistic. We know that actions of one program or agency 
won't be enough to solve the Nation's job problems. But at a time when 
our States, local communities, and businesses continue to struggle, it 
is the wrong time to be cutting a program that is a proven job creator. 
It's the wrong time to turn our backs on investments in our communities 
that will make a real difference. But it is the right time to set our 
priorities and insist that our investments are focused on job creation.
  The fiscal year 2010 level was $293 million. The CR cuts it to $175 
million. This amendment will actually bring it up to $255 million. So I 
encourage my colleagues to support this amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Maine (Mr. Michaud).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. MICHAUD. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Maine will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 1303. Notwithstanding section 1101, the level for 
     ``Department of Commerce, Minority Business Development 
     Agency, Minority Business Development'' shall be $30,400,000.
       Sec. 1304. Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Telecommunications and 
     Information Administration, Salaries and Expenses'' shall be 
     $40,649,000.
       Sec. 1305. Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Scientific and Technical Research and Services'' 
     shall be $469,500,000.
       Sec. 1306. Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Industrial Technology Services'' shall be 
     $169,600,000.
       Sec. 1307. Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Oceanic and Atmospheric 
     Administration, Pacific Coastal Salmon Recovery'' shall be 
     $50,000,000.
       Sec. 1308. Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, National 
     Drug Intelligence Center'' shall be $34,023,000.

                 Amendment No. 368 Offered by Mr. Flake

  Mr. FLAKE. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Page 197, line 17, after the dollar amount, insert 
     ``(reduced by $34,023,000)''.
       Page 359, line 5, after the dollar amount, insert 
     ``(increased by $34,023,000)''.

  The Acting CHAIR. The gentleman from Arizona is recognized for 5 
minutes.
  Mr. FLAKE. Mr. Chairman, this amendment is straightforward. It would 
simply reduce more than $34 million in funding for the National Drug 
Intelligence Center and transfer that money into the spending reduction 
account.
  In short, the amendment would zero out funding for the National Drug 
Intelligence Center, which has survived for the past 3 years by way of 
a very broken earmarking process.
  For many institutions, drugs are handled with a zero tolerance 
policy. I would submit that taxpayers should send a clear signal here 
that we have a zero tolerance policy for this kind of wasteful 
spending.
  There has been no better example for wasteful spending than the NDIC, 
an entity I have come to the floor many times within the past to 
criticize and to limit funding for. Not just me, but many other 
Members.
  A pet project that once belonged to a powerful Member of Congress, 
the NDIC was established in 1992 and has been the recipient of hundreds 
of millions of dollars since then.
  In 2005, the White House OMB reported that the NDIC ``has proven 
ineffective in achieving its assigned mission.'' In 2006, a spokesman 
for the DOJ asserted that the resources of the NDIC should be 
``realigned to support priority counterterrorism and national security 
initiatives.'' And yet, here we are, 5 years later, funding the NDIC in 
spite of what will be 3 years of trillion-dollar deficits and a 
skyrocketing national debt.
  According to a CQ article from today, even the current 
administration's Deputy Attorney General James Cole said that many of 
the center's functions could be performed elsewhere.
  The President's budget request was released yesterday; and according 
to CQ, the NDIC is slated to receive a cut from its current level of 
funding from $44 million down to $25 million. I submit that that is $25 
million too much.
  According to the fiscal year 2011 budget summary for the National 
Drug Control Strategy, we spent more than $15 billion on antidrug and 
drug-control efforts in fiscal year 2010. Even if

[[Page H887]]

you believe that the NDIC is effective and that it pulls its own 
weight, the anti-drug effort, like the budget of the Department of 
Defense, should not be immune from commonsense cuts that increase 
efficiency, and I can think of few things more efficient than closing 
down the NDIC once and for all.
  Let me just note, The Wall Street Journal said at one point: 
``Conservatives have argued that the center is a waste of taxpayer 
money, and critics argue that it has never fulfilled its promise to 
provide high-quality analysis of drug networks.'' Again, an internal 
White House budget proposal aims to save nearly $17 million by 
downsizing NDIC.
  Clearly, clearly, I think everybody admits that there is no reason 
for this facility to exist anymore and to keep sucking millions and 
millions of dollars every year from the taxpayer. The White House, 
successive White Houses, Republican and Democrat alike, have said this 
is inefficient. It is not filling its mission. So it is up to Congress 
now, when we're running a $1.5 trillion deficit that stacks up against 
a $14 trillion debt, to look at programs like this and say, All right. 
Enough is enough. It's time that we close them down.
  So with that, Mr. Chairman, I say let's adopt this amendment. If we 
can't do this, where can we save money? If we can't close down a center 
that's received hundreds of millions of dollars that the White House, 
successive administrations, Republican and Democrat, have said it is 
duplicative, it is not fulfilling its mission; if we can't close these 
kind of things down, when are we going to save money?
  I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. I appreciate the gentleman's usual zeal for finding 
savings in the budget, but I believe his amendment goes too far to 
achieve savings without considering the impacts.
  NDIC plays an important role in analyzing and disseminating 
information to law enforcement and the intelligence community about the 
production, trafficking, and consumption of illegal drugs. It produces 
the annual drug threat assessments, as well as local and regional 
assessments.
  DOJ is proposing a reduced funding level for NDIC in 2012, along with 
the realignment of some of its functions to the Drug Enforcement 
Administration. We will have to look closely at that proposal to ensure 
it would not set us back in dealing with the drug threat. But, in any 
case, one simply cannot eliminate an agency overnight.
  NDIC performs significant functions that are critical to our law 
enforcement efforts, and those functions can't be simply shut down and 
transferred without significant planning.
  NDIC has been operating under the current CR for several months and 
has been obligated a significant amount of funding already, so there is 
no way to cut its funding for the year to zero. In fact, CBO scores the 
amendment as saving only $16 million in budget authority, not $34 
million. I urge my colleagues to defeat this Flake amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Arizona (Mr. Flake).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. DICKS. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Arizona will 
be postponed.

                              {time}  2200

  The Clerk will read.
  The Clerk read as follows:
       Sec. 1309.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, Justice 
     Information Sharing Technology'' shall be $78,285,000.
       Sec. 1310.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, Tactical Law 
     Enforcement Wireless Communications'' shall be $136,143,000.
       Sec. 1311.  Notwithstanding section 1101, the level for 
     ``Department of Justice, General Administration, Detention 
     Trustee'' shall be $1,533,663,000.
       Sec. 1312.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Legal Activities, Salaries and 
     Expenses, General Legal Activities'' shall be $865,097,000.
       Sec. 1313.  Notwithstanding section 1101, the level for 
     ``Department of Justice, United States Marshals Service, 
     Construction'' shall be $16,929,000.
       Sec. 1314.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Federal Bureau of Investigation, 
     Construction'' shall be $106,915,000.

  Mr. HOLT. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR (Mr. Bass of New Hampshire). Will the gentleman 
specify which amendment.
  Mr. HOLT. Amendment No. 235.
  The Acting CHAIR. The Chair will note that the reading has progressed 
past that point in the bill.
  Mr. HOLT. Mr. Chairman, I ask unanimous consent to consider the 
amendment out of order.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  Mr. ROGERS of Kentucky. Reserving the right to object, Mr. Chairman, 
as I understand it, the gentleman wants to go back to a section which 
we have already covered?
  The Acting CHAIR. The gentleman is correct.
  Mr. ROGERS of Kentucky. Mr. Chairman, in order to move things along, 
we have to have rules, and I have to object.
  The Acting CHAIR. Objection is heard.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 1315.  Notwithstanding section 1101, the level for 
     ``Department of Justice, Federal Prison System, Salaries and 
     Expenses'' shall be $6,325,231,000.
       Sec. 1316.  Notwithstanding section 1101, the level for 
     ``Office of Science and Technology Policy'' shall be 
     $6,500,000.
       Sec. 1317.  Notwithstanding section 1101, the level for 
     ``National Science Foundation, Research and Related 
     Activities'' shall be $5,467,920,000.
       Sec. 1318.  Notwithstanding section 1101, the level for 
     ``National Science Foundation, Major Research Equipment and 
     Facilities Construction'' shall be $54,790,000.
       Sec. 1319.  Notwithstanding section 1101, the level for 
     ``National Science Foundation, Education and Human 
     Resources'' shall be $725,760,000.
       Sec. 1320.  Notwithstanding section 1101, the level for 
     ``Department of Commerce, Bureau of the Census, Periodic 
     Censuses and Programs'' shall be $913,707,000.
       Sec. 1321.  Notwithstanding section 1101, the level for 
     each of the following accounts shall be $0: ``Department of 
     Commerce, National Telecommunications and Information 
     Administration, Public Telecommunications Facilities, 
     Planning and Construction''; ``Department of Justice, Bureau 
     of Alcohol, Tobacco, Firearms, and Explosives, 
     Construction''; and ``Department of Justice, Office of 
     Justice Programs, Weed and Seed Program Fund''.
       Sec. 1322.  Notwithstanding any other provision of this 
     division, the following set-asides included in division B of 
     Public Law 111-117 for projects specified in the explanatory 
     statement accompanying that Act in the following accounts for 
     the corresponding amounts shall not apply to funds 
     appropriated by this division: (1) ``Department of Commerce, 
     International Trade Administration, Operations and 
     Administration'', $5,215,000; (2) ``Department of Commerce, 
     Minority Business Development Agency, Minority Business 
     Development'', $1,100,000; and (3) ``Department of Commerce, 
     National Institute of Standards and Technology, Scientific 
     and Technical Research and Services'', $10,500,000.
       Sec. 1323.  The Departments of Commerce and Justice, the 
     National Aeronautics and Space Administration, and the 
     National Science Foundation are directed to submit spending 
     plans, signed by the respective department or agency head, to 
     the House and Senate Committees on Appropriations within 60 
     days of enactment of this division.
       Sec. 1324.  Notwithstanding any other provision of this 
     division, the set-aside included in division B of Public Law 
     111-117 under the heading ``Department of Commerce, United 
     States Patent and Trademark Office, Salaries and Expenses'' 
     for policy studies related to activities of United Nations 
     Specialized Agencies related to international protection of 
     intellectual property rights shall not apply to funds 
     appropriated by this division.
       Sec. 1325.  Of the amount provided by section 1306 for 
     ``National Institute of Standards and Technology, Industrial 
     Technology Services'', $44,900,000 shall be for the 
     Technology Innovation Program.
       Sec. 1326. (a) Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Institute of Standards and 
     Technology, Construction of Research Facilities'' shall be 
     $58,000,000.
       (b) The set-asides included in division B of Public Law 
     111-117 under the heading ``Department of Commerce, National 
     Institute of Standards and Technology, Construction of 
     Research Facilities'' for a competitive construction grant 
     program for research science buildings and for projects 
     specified in the explanatory statement accompanying that Act 
     shall not apply to funds appropriated by this division.


[[Page H888]]




                 Amendment No. 260 Offered by Mr. Latta

  Mr. LATTA. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

                                 H.R. 1

                         Offered By: Mr. Latta

       Amendment No. 260: Page 200, line 25, after the dollar 
     amount insert ``(reduced by $10,000,000)''.
       Page 359, line 5, after the dollar amount insert 
     ``(increased by $10,000,000)''.

  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. LATTA. Mr. Chairman, my amendment would reduce spending for the 
Department of Commerce under the National Institute of Standards and 
Technology construction of research facilities account by $10 million 
and transfer those funds to the spending reduction account. This 
program provides government money for construction of research science 
buildings. Currently, H.R. 1 funds the technology construction of 
research facilities account at $58 million and this amendment would 
reduce it to $48 million. While scientific research is important, when 
our nation is experiencing massive deficits, we have to make these 
difficult cuts.
  With a forecasted deficit of $1.6 trillion this year and the national 
debt scheduled to triple in 10 years, I am simply proposing cutting 
spending from a program that received over $123 million in increased 
funding in the stimulus. The President released his budget proposal 
this week which reflects a pattern of record spending, and even higher 
taxes. This continued spending is funds that the U.S. Government does 
not have, as we continue to borrow from other countries. During the 
last session of Congress alone, the President signed into law over $1.8 
trillion in new government spending and over $670 billion in new job 
damaging tax hikes. My $10 million cut is an example of a difficult cut 
that has to be made in our Federal budget.
  Furthermore, the Department of Commerce has established a national 
program office under the National Institute of Standards and Technology 
to begin development and implementation of the national strategy for 
trusted identities in cyberspace. The general goal of this strategy is 
to secure and protect transactions in cyberspace through use of a 
special ID, or digital identity, so that people can prove who they say 
they are. Let me say that cybersecurity and privacy are extremely 
important issues to all Americans. However, I have very strong concerns 
that this government-directed effort could destroy online anonymity, 
become the equivalent of a national Internet ID, and crowd out current 
private-sector efforts. That this project could potentially lead to 
issuance of a unique Internet ID that would serve as a single 
identifier for access to password-protected Web sites is frightening. 
It is equally concerning to think that if this single digital identity 
were to be hacked, the hacker would have access to a wide range of a 
user's personal information and accounts. Security of the cyber domain 
is serious, but a government-run or government-directed Internet ID 
system is a risk to liberty and this strategy is not the way to go 
about achieving this goal. The elected representatives of Congress 
should address these issues, not a government bureaucracy. I will be 
offering a limitation amendment to block any funding towards the 
development of this strategy, and that is why I am offering this 
amendment, No. 260, to cut funding from the National Institute of 
Standards and Technology.
  I yield back the balance of my time.
  Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. WOLF. This account has been hit very, very hard already. Each 
reduction in the bill was carefully determined. The funding level 
provided for NIST construction in the bill is $89 million below FY 
2010.
  NIST has played a key role in enabling innovative ideas with regard 
to strengthening infrastructure for advance manufacturing, service and 
science.
  NIST works with the private sector, other government agencies and 
universities to develop and apply the technology, measurements and 
standards needed for new and improved products.
  We have already reduced the funding in this account quite 
dramatically, and this would really, I think, hurt the jobs effort and 
hurt manufacturing.
  Mr. DICKS. Will the gentleman yield?
  Mr. WOLF. I yield to the gentleman from Washington.
  Mr. DICKS. I strongly support the gentleman's position here. We've 
already cut this account. There's $58 million in the account; a 
reduction of $89 million, or 60 percent below FY10. And the NIST does 
very good work. So I support the chairman and in opposition to the 
Latta amendment.
  Mr. WOLF. Reclaiming my time, again, we want science, jobs, math, 
science, physics, chemistry, biology to create opportunities for 
manufacturing.
  I urge a ``no'' vote on the amendment.

                              {time}  2210

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Latta).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. LATTA. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 1327. (a) Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Oceanic and Atmospheric 
     Administration, Operations, Research, and Facilities'' shall 
     be $2,850,883,000.
       (b) The set-aside included in division B of Public Law 111-
     117 under the heading ``Department of Commerce, National 
     Oceanic and Atmospheric Administration, Operations, Research, 
     and Facilities'' for projects specified in the explanatory 
     statement accompanying that Act shall not apply to funds 
     appropriated by this division.
       Sec. 1328. (a) Notwithstanding section 1101, the level for 
     ``Department of Commerce, National Oceanic and Atmospheric 
     Administration, Procurement, Acquisition and Construction'' 
     shall be $1,455,353,000.
       (b) The set-aside included in division B of Public Law 111-
     117 under the heading ``Department of Commerce, National 
     Oceanic and Atmospheric Administration, Procurement, 
     Acquisition and Construction'' for projects specified in the 
     explanatory statement accompanying that Act shall not apply 
     to funds appropriated by this division.
       Sec. 1329. (a) Notwithstanding section 1101, the level for 
     ``Department of Justice, Office of Justice Programs, Justice 
     Assistance'' shall be $225,000,000.
       (b) Amounts included in paragraphs (1) through (5) under 
     the heading ``Department of Justice, Office of Justice 
     Programs, Justice Assistance'' of division B of Public Law 
     111-117 shall be deemed to represent the maximum amount of 
     funding available under the respective paragraph.
       Sec. 1330. (a) Notwithstanding section 1101, the level for 
     ``Department of Justice, Office of Justice Programs, State 
     and Local Law Enforcement Assistance'' shall be $953,500,000.
       (b) The amount included in paragraph (4) under the heading 
     ``Department of Justice, Office of Justice Programs, State 
     and Local Law Enforcement Assistance'' of division B of 
     Public Law 111-117 shall be applied to funds appropriated by 
     this division by substituting ``$0'' for ``$185,268,000''.
       (c) Amounts included in paragraphs (1) through (3) and 
     paragraphs (5) through (29) under the heading ``Department of 
     Justice, Office of Justice Programs, State and Local Law 
     Enforcement Assistance'' of division B of Public Law 111-117 
     shall be deemed to represent the maximum amount of funding 
     available under the respective paragraph.

                  Amendment No. 12 Offered by Mr. Holt

  Mr. HOLT. Mr. Chairman, I offer an amendment as a designee of the 
gentlewoman from New York (Mrs. McCarthy).
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:
       Page 202, line 16, after the dollar amount, insert 
     ``(reduced by $20,000,000) (increased by $20,000,000)''.

  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. HOLT. Mr. Chairman, this amendment is to make sure that we 
continue the good work of the National Instant Criminal Background 
Check

[[Page H889]]

System. The NICS is a national database system that keeps track of 
individuals who are disqualified under current law from purchasing and 
possessing firearms. Need I remind my colleagues of the many reminders 
we have had of the need for this.
  The amendment before us here seeks to ensure that the Department of 
Justice continues funding the NICS Improvement Amendments Act of 2007 
at the current level of $20 million. It was signed into law in January 
2008 and requires all States to provide the NICS with relevant records 
that are needed to conduct effective background checks. Additionally, 
the NICS Improvement Act provides grants to States and territories to 
update their records and transmit the records to the NICS database.
  NICS is a critical tool in the fight to keep firearms from those 
legally disqualified from purchasing and possessing them. The only way 
to enforce the law is to ensure that NICS has up-to-date records from 
State and Federal sources.
  We understand the constraints on the Federal budget. However, by 
continuing to fund this program at the current FY10 level, we continue 
the vital effort to keep guns out of the hands of people who should not 
have them.
  I encourage Members to support this amendment.
  Had I had the floor before, I would have offered an amendment to 
restore the $310 million that was cut from the lifesaving Community 
Oriented Policing, or COPS Program, but I was denied that opportunity. 
So I ask for support for the amendment from Mrs. McCarthy and me to 
fund the NICS Improvement Amendments Act.
  I yield back my time.
  Mr. WOLF. Mr. Chairman, I rise in support of the amendment.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. WOLF. The Appropriations Committee will be requiring the 
Department of Justice to come back to the committee with a spending 
plan outlining how it intends to use the funds provided for State and 
local law enforcement. We accept the amendment.
  Mr. DICKS. Mr. Chairman, if the gentleman will yield, we accept the 
amendment on our side too.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Holt).
  The amendment was agreed to.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1331. (a) Notwithstanding section 1101, the level for 
     ``Department of Justice, Office of Justice Programs, Juvenile 
     Justice Programs'' shall be $232,500,000.
       (b) The amount included in paragraph (2) under the heading 
     ``Department of Justice, Office of Justice Programs, Juvenile 
     Justice Programs'' of division B of Public Law 111-117 shall 
     be applied to funds appropriated by this division by 
     substituting ``$0'' for ``$91,095,000''.
       (c) Amounts included in paragraph (1) and paragraphs (3) 
     through (8) under the heading ``Department of Justice, Office 
     of Justice Programs, Juvenile Justice Programs'' of division 
     B of Public Law 111-117 shall be deemed to represent the 
     maximum amount of funding available under the respective 
     paragraph.
       Sec. 1332. (a) Notwithstanding section 1101, the level for 
     ``Department of Justice, Community Oriented Policing Services 
     (Including Transfers of Funds)'' shall be $290,500,000.
       (b) Amounts included under the heading ``Department of 
     Justice, Community Oriented Policing Services (Including 
     Transfers of Funds)'' in division B of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting--
       (1) ``$15,000,000'' for ``40,385,000'';
       (2) ``$0'' for ``$25,385,000'';
       (3) ``$1,500,000'' for ``$170,223,000'';
       (4) ``$0'' for ``$168,723,000''; and
       (5) ``$0'' for ``$298,000,000''.
       (c) Amounts included in paragraph (1) and paragraphs (4) 
     through (8) under the heading ``Department of Justice, 
     Community Oriented Policing Services (Including Transfers of 
     Funds)'' of division B of Public Law 111-117 shall be deemed 
     to represent the maximum amount of funding available under 
     the respective paragraph.

         Amendment No. 240 Offered by Ms. Jackson Lee of Texas

  Ms. JACKSON LEE of Texas. 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 to Strike Section 1332 of Title III, which 
     reduces the funding level for the Department of Justice, 
     Community Oriented Policing Services to $290,500,000.

  Mr. WOLF. Mr. Chairman, I reserve a point of order against the 
gentlewoman's amendment.
  The Acting CHAIR. A point of order is reserved.
  The gentlewoman from Texas is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. I thank the gentleman, and I thank the 
ranking member and, of course, the manager for the majority.
  Mr. Chairman, I rise for a very important discussion as a member of 
the House Judiciary Committee and someone who truly believes that the 
COPS Program that has been initiated over a long tenure of time has 
truly brought down the crime statistics across America. Whether you are 
a rural hamlet or whether or not you happen to be a major city, the 
COPS Program has been an anchor for security for neighborhoods who 
cannot afford to pay for their own private police services.
  This amendment restores the $600 million that is offered to be taken 
from the present funding, and it restores or would prevent the taking 
of 1,330 cops off the street, and as well it will provide the safety 
net that is necessary.
  If I had had command of the floor earlier, I would have also added to 
this discussion the elimination of salaries that are eliminating the 
use of resources for the enforcement of the Voting Rights Act and the 
resources necessary to enforce the Voting Rights Act in the new 
redistricting plans that will be coming forward.
  But it is certainly a shame to take in the middle of municipal budget 
years a sizable amount of dollars which they had been operating with 
and depended on. There are local communities in which the COPS Program 
provides one police officer, two police officers, 20 police officers, 
30 police officers, and that is the very existence of that community. 
In cities around America, cops have been laid off, and that should be a 
decision of last resort.
  When you talk about going forward, my question to my friends on the 
other side of the aisle is, is the purpose of this legislative 
initiative job creation, or job elimination? How can you do such damage 
to members of the municipal workforce that are on the front lines 
serving local communities?
  The COPS Program has been an enormous success. It has survived 
several administrations, Republican and Democrat. And to suggest that 
the COPS Program would be obliterated or at least devastated in such an 
amount would, from my perspective, be the wrong direction to go. COPS 
academy classes have been put on hold. Mayors have eliminated classes. 
I have seen that in cities around America, and as members of the House 
Judiciary Committee, we have had several encounters of eliminating COPS 
funding.
  This amendment simply strikes the elimination or the intent to 
eliminate a certain amount of funding for the COPS Program. As a member 
of the Homeland Security Committee, I would ask my colleagues to ask 
themselves the question, do the American people deserve safety and 
security in a time where we continue to face international and homeland 
security threats here in the United States? Domestic law enforcement is 
a key element in providing that kind of safety net.

                              {time}  2220

  Training, the opportunity for security, and the opportunity for 
ensuring that hamlets, towns, cities, and rural communities, counties, 
do not have to suffer through the crisis of the lack of security.
  So I would ask my colleagues to consider a waiver so that we can 
address this question of the funding of a very important program. And I 
might add that I look forward to working with the Senate to restore 
those salaries to the Department of Justice so that we do not have to 
undermine the enforcement of an enormously important legislative 
initiative, one that Martin Luther King and our colleague, John Lewis, 
fought hard for and one that has withstood the test of time--and that 
is enforcement of the Voting Rights Act. How could we? And I look 
forward to working with the Senate for allowing that to go forward as 
well as to be able to enforce the values or the laws, the requirements 
of the Voting Rights Act, as relates to the 2011 redistricting that 
will take place in the coming months.

[[Page H890]]

  I yield back the balance of my time.


                             Point of Order

  Mr. WOLF. Mr. Chairman, the amendment proposed a net increase in 
budget authority. Before I comment on it; one, this does not cut the 
Voting Rights Act. So that's not accurate. This does not, this does 
not, this does not cut the Voting Rights Act.
  The Acting CHAIR. The gentleman may state his point of order but not 
engage in debate on the issue.
  Mr. WOLF. Mr. Chairman, the amendment is not in order under section 
3(j)(3) of House Resolution 5 of the 112th Congress, which states, ``It 
shall not be in order to consider an amendment to a general 
appropriations bill proposing a net increase in budget authority in the 
bill unless considered en bloc with another amendment or amendments 
proposing an equal or greater decrease in such budget authority 
pursuant to clause 2(f) of rule XXI.
  The amendment proposes a net increase in budget authority in the bill 
in violation of such section.
  The Acting CHAIR. Does any other Member wish to address the point of 
order?
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. Mr. Chairman, as I indicated before, first 
of all, the gentleman was mishearing what I said. I indicated that I 
had an earlier amendment that I decided not to offer because I intend 
to work with the other body on it. But it would have diminished the 
ability to enforce the Voting Rights Act. That is not what we're 
speaking of today.
  The Acting CHAIR. The gentlewoman needs to address the point of 
order.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I wanted to clarify that I 
was not speaking on this amendment. In this amendment I've simply asked 
for a waiver. Frankly, this is too important an issue to be addressed 
by the gentleman's point of order. I ask for a waiver. This is denying, 
if you will, huge amounts of money to many municipalities all across 
this Nation. And $600 million is absolutely ludicrous. It causes a loss 
of jobs and a loss of safety for the United States.
  I ask for a waiver on the point of order.
  The Acting CHAIR. The Chair is prepared to rule.
  Mr. WEINER. Mr. Chairman, I would like to be heard on the point of 
order.
  The Acting CHAIR. The gentleman from New York is recognized.
  Mr. WEINER. The intention of the rule that the chairman is referring 
to is to make sure we're not adding any additional spending. But in 
fact, by cutting the COPS program, you're actually adding an enormous 
amount of expenditure in the long run. And what the gentlelady is going 
to being doing by preserving COPS on the street, you have less crime, 
lower insurance rates, less costs for prevention. You wind up--COPS on 
the beat wind up saving money. They save money in another way. They 
save money because localities don't need to raise taxes to keep these 
cops on the street.
  So I think the gentlelady's amendment is a net budget reducer, net 
budget saver. Sometimes we invest in things here that save money, and 
the gentlelady's amendment does that. So it's in compliance with the 
rule.
  The Acting CHAIR. The Chair is prepared to rule on the point of 
order.
  The gentleman from Virginia makes a point of order that the amendment 
offered by the gentlewoman from Texas violates section 3(j)(3) of House 
Resolution 5.
  Section 3(j)(3) establishes a point of order against an amendment 
proposing a net increase in budget authority in the pending bill.
  The Chair has been persuasively guided by an estimate from the chair 
of the Committee on the Budget that the amendment proposes a net 
increase in budget authority in the bill. Therefore, the point of order 
is sustained and the amendment is not in order.


          Amendment No. 125 Offered by Mr. Weiner, As Modified

  Mr. WEINER. Mr. Chairman, I have an amendment at the desk.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment, as modified, is as follows:

       Page 203, line 23, after the dollar amount, insert 
     ``(increased by $298,000,000)''.
       Page 204, line 8, after the first dollar amount, insert 
     ``(increased by $298,000,000)''.
       Page 206, line 10, after the dollar amount, insert 
     ``(reduced by $298,000,000)''.

  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. WEINER. Thank you, Mr. Chairman. Before I proceed, I would make a 
unanimous consent request. There's a typographical error that should 
say $298 million, and it has only 5 zeros. So in the two places that 
that is stated, I ask unanimous consent to add the extra zero so it 
makes sense.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New York?
  There was no objection.
  The Acting CHAIR. The amendment is so modified.
  Mr. WEINER. Mr. Chairman, my colleagues, this is to restore the COPS 
program and take money out of space. But before I do that, I really 
have to say I don't think this process is on the level. What are we 
doing here? We're figuring out which diminished amount we're going to 
take from to restore another diminished amount. This bill isn't going 
to become law. The President today said that he is going to veto this 
bill, as he should. It slashes funding on so many important things to 
our communities. I bet you most of the authors of the bill are praying 
that he vetoes this bill. But the fact is we're kind of in here playing 
this game. We're trying to take from one slashed account and move funds 
to another slashed account, but in the clear case of how the 
Republicans are swinging a meat ax rather than a scalpel--the COPS 
program, police officers, cops on the beat.
  The COPS program has been a success not just because it's been a big-
city program. You've got COPS over the first 10 years of the program in 
every single State. Every single community has had an increase because 
of police officers. And I thought being tough on crime was a Republican 
ideal. You slash this funding and what's going to wind up happening is 
your localities are going to have one of two choices: Lay off police 
officers or raise taxes some other way. It's going to be a net zero 
effect because they're going to want to keep these cops on the beat.
  So where do we take the money to replace just the hiring component? 
We're not going to replace the whole program, just the hiring 
component. We're going to take it out of space exploration. I want to 
go see Mars, too, but I'd much rather have cops on the streets of 
Brooklyn and Queens. I want it for all of your districts as well.
  But let's face a little something about this budget. It's an 
irresponsible budget you've put on the floor. I'm sure Mr. Dicks would 
agree it's irresponsible to slash air traffic controllers 20 percent. 
Who thinks that's a good idea? It's irresponsible to cut 1,500 cops on 
the street. Who thinks that's a great idea? It's irresponsible to say 
to middle class parents who are getting Pell Grants, Sorry, your kid 
can't go to college next year. Who thinks that's a good idea?
  The President has said that he's going to veto this bill. Why don't 
we stop right now, roll it up, fold it up, go back and try to get this 
right? Let's try to come up with a commonsense budget. We know there 
are going to be cuts that are necessary. But to the COPS program?
  We've got to understand here that these are going to require some 
tough choices. And I had a joking exchange with Mr. Dicks earlier, I 
think we can get more from Defense, I think we can get more from 
Agriculture. I get it. But, frankly speaking, I believe that there are 
some values that should transcend politics and transcend communities--
and one of them is how many police officers.
  And not only are there a lot of cops going to these communities; 
let's look at what's happening. In Jackson, Mississippi, 347 cops, they 
had a 12 percent reduction in crime; Detroit, Michigan, 500 cops, a 7 
percent reduction; Boston, Massachusetts, almost a 29 percent reduction 
in crime. This is a good law enforcement program.
  So I will say on behalf of all my colleagues, and Congressman Grimm 
is supportive of this; Congressman DeFazio I think is here; Congressman 
Cohen is here; Congressman Pallone I know is interested in this; and we 
know Congresswoman Jackson Lee. Congressman Reichert on your side is 
interested. I can tell you this: If we asked every person to stand up 
who had

[[Page H891]]

COPS hired in their district, every one of you would have to stand up. 
It's going to all 435 districts. So let's keep that program going.
  Now, do I like the idea we have to take it from NASA space 
exploration? I don't know any of the crime statistics on Mars, and I'm 
interested, but it's a bad choice. If any of you like space 
exploration, so do I. In a way, I'm playing the game too. I'm taking 
from one place to give to another. But I do believe it's in the 
interest of all of us to try to set these priorities straight.

                              {time}  2230

  One of the things we can do is vote ``yes'' on the Weiner amendment 
and then do something else.
  It's late. We've gone through this exercise for a while. Since it's 
really a Kabuki dance and since we know that this document isn't going 
to become law--the President has already said he's going to veto it, 
and we already know the American people are not going to sit back for a 
20 percent reduction in air traffic controllers--how is it a Republican 
ideal to make the air traffic less safe? How is that a value that 
somehow drove this Congress?
  That shouldn't be nor should it be that we reduce the number of 
police officers on the streets. That's not who we are as a country. 
It's not who we should be as a Congress. So I hope you support the 
Weiner amendment by taking from Mars and putting it in the streets of 
your district.
  I think it's late. Let's fold up the rest of the bill. Let's go back. 
Let's have some bipartisan discussion, and let's try to figure out how 
to do this in a way that the President won't veto it.
  I yield back the balance of my time.
  Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. WOLF. I would tell the gentleman that the President of the United 
States failed to do what he was elected to do--that was to lead this 
country--by rejecting the Simpson-Bowles commission recommendation.
  Mr. Chairman, President Obama supported and appointed the people to 
the Simpson-Bowles commission. Then we saw in the State of the Union 
message that none of the cuts that are being done tonight would have 
had to have been done had the President done what he should have done 
with regard to the Simpson-Bowles commission.
  If I had been appointed to the Simpson-Bowles commission, I would 
have been supportive of it. If Tom Coburn and Dick Durbin can be in 
support of it, hopefully we can come together in a bipartisan manner; 
but all of the opposition would not even have had to take place if the 
President had not failed to provide the leadership that he failed to 
provide.
  This bill makes deliberate choices within NASA to strike an 
appropriate balance between achieving budget savings, procurement 
support for NASA's $16 billion in annual contracts, and safety and 
mission assurance to prevent spaceflight accidents. To do this, you 
would almost guarantee that something could potentially happen.
  I teach security to prevent the Chinese from having cyber attacks. We 
had hearings the other day, and we learned that the Chinese have had 
cyber attacks against NASA's computers. This amendment would say that 
it's okay, that we can have the cyber attacks. We're going to put it 
somewhere else.
  In addition--and I see the gentlelady from Houston is here--this 
amendment will cost NASA's civil servants and contractors between 1,500 
and 2,000 jobs.
  Had President Obama done what he should have done by appointing that 
commission, we wouldn't even have had any cuts here. We would have been 
doing what we had to do. Since we're talking about crime, Willie Sutton 
said he robbed banks. The reason he robbed banks is that that's where 
the money is. The money is in entitlements. Had we dealt with the Obama 
commission of Simpson-Bowles, we would not be where we are today.
  I yield back the balance of my time.
  Mr. COHEN. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Tennessee is recognized for 5 
minutes.
  Mr. COHEN. Willie Sutton would love it if the cops weren't trying to 
protect the banks--that would be great--but the cops are important.
  Mr. Chairman, my first job out of law school was as an attorney for 
the Memphis Police Department. One of the first things I learned is 
that the best deterrent to crime is patrol, and patrol is policemen on 
the beat. That is the most effective way to reduce crime. When you have 
high unemployment, when you have a great recession like we've 
experienced with high unemployment, crime naturally does go up. When 
you have crime go up, you need more cops to protect property and 
individuals and lives.
  This COPS program has been successful. It was successful in the 
1990s, and we saw a tremendous decrease in crime. As Mr. Weiner pointed 
out--and I praise him for being a champion of this for so many years--
this has been an effective program that has saved lives and property, 
that has kept insurance rates down, and that has kept order and liberty 
in our country.
  Willie Sutton would not be for this amendment. He'd like to see the 
cops off the streets, away from the banks, away from the widows, away 
from the children, away from everybody who is in the arms of a 
potential crime, in the way of a potential crime, and that's something 
we shouldn't have in this country.
  The cost to get rid of this program would be tremendous. The fact is 
the COPS program saves money, and this amendment zeros out the COPS 
program. It isn't a simple change in eliminating some of the moneys. It 
eliminates the program, and that's a mistake.
  Local police are struggling with shrinking budgets. Tax rates are 
down as people have spent less money, so we don't have the money to 
support our police and to keep our law enforcement at the levels they 
should be. To cut police and law enforcement is a mistake, a serious 
mistake that's going to cost the American people.
  You can't put it down in dollars and cents. Lives will be lost. 
Property will be lost. Insurance rates will go up. This is one place 
among others, but particularly here, they're the first line of defense. 
Of the police powers of the State, the first one is safety.
  There are other areas where you could save money. If you want to keep 
the budget and cut it, there are a lot of defense programs that could 
be cut. There are defense programs that are not effectively keeping us 
safe from foreign problems or from foreign adversaries, but our streets 
in every city in this Nation and every hamlet has the need for police. 
To cut this COPS program is simply irresponsible, and it disregards the 
American public's regard and need for safety on the streets and for 
safety in their communities. We should support our police and make our 
streets safer.
  I would ask that we support this amendment. I would ask that the 
people on the other side understand that law enforcement is a primary 
concern of government and that a reduction of this program or the 
elimination of this program will cost the American public dearly, and 
lives will be lost.
  I yield back the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. SCHIFF. Mr. Chairman, I fully support the effort to restore 
funding to the COPS Hiring Program.
  We should absolutely look for savings and reduce costs in the Federal 
budget, but we should not be withdrawing support for law enforcement 
while cities and towns across the country are struggling to maintain 
their police forces.
  A good example is Camden, New Jersey, which was forced by budget 
shortfalls to lay off 168 police officers last month. The city recently 
raised property taxes enough to restore about 20 percent of those 
positions, but law enforcement in the city is still woefully 
understaffed.
  The CR cuts COPS programs by $501 million, including a reduction of 
$298 million that specifically zeros out the COPS Hiring Program. The 
elimination of COPS Hiring would result in 1,330 fewer cops hired or 
rehired in FY11 compared to FY10, or 3,000 fewer cops hired or rehired 
in FY11 compared to the FY11 request of $600 million.

[[Page H892]]

  Camden and many other cities and towns across the country still need 
Federal assistance to help them get through this difficult economic 
period, and that is exactly what this amendment is designed to do.
  By restoring funding for COPS Hiring grants, Camden and other 
municipalities across the country could get grants to cover the 3-year 
cost of rehiring officers they were forced to lay off or of hiring new 
officers they need but have been unable to afford. After 3 years, when 
the economy is expected to be in much better shape, these 
municipalities would be required to take on the costs of these 
officers.
  While I support the gentleman's amendment and strongly believe we 
should restore funding for the COPS Hiring Program, I am deeply 
concerned about the offset the amendment relies upon.
  NASA's Cross-Agency Support account funds many of the vital efforts 
of the NASA centers across the country. Currently, there is a backlog 
of deferred maintenance needs at NASA facilities, and this backlog has 
been growing at the rate of about 9 percent a year. Cutting funding for 
this account will only make NASA's maintenance backlog worse and will 
impede NASA's mission.
  We need to fund both NASA's Cross-Agency Support and COPS Hiring at 
adequate levels, and I hope, by the end of this process, we can find a 
way to do that.
  Mr. Chairman, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. When I was first elected to office, I served with a very 
conservative Republican, and he used to say that government is about 
roads and rope.
  He was talking about the basis for our system here in America--the 
basics. He was talking about transportation, the Boston Post Road, the 
original roads of America that tied a young Nation together on rope. He 
was talking about law enforcement here on Earth, law enforcement 
protecting American citizens from criminals.
  Now, somehow the Cross-Agency Support account, which is an 
unbelievable catchall slush fund at NASA which has grown in the last 2 
years from $550 million to $3 billion and which will actually be 
increased in this continuing resolution by $36 million, is more 
important than defending the American people from criminals, from 
lawbreakers, which is the most basic requirement of the Government of 
the United States.
  Now, this isn't even like real stuff at NASA. It's not the fantasy 
about going to Mars or any of the other things they're engaged in for 
many billions of dollars.

                              {time}  2240

  This is a cross-agency support budget which has gone up six times, 
600 percent in 2 years, and it's going to go up again here today, and 
we're going to slash the heck out of the COPS program. Now, go home and 
explain that to your constituents. You can't even say, Look up there, 
because it's not a satellite. It's not headed to the Moon or to Mars. 
You have to say, Hey, it's the cross-agency support budget at NASA, and 
when the criminal is breaking down your door, call NASA. That probably 
isn't going to work too well.
  This not only supports police on the streets in overstretched 
agencies, it supports--and we've had a lot of talk about urban 
America--sheriffs in our rural areas which are woefully unpoliced, and 
in my district we've got money out of this account which you're cutting 
by 65 percent to go after methamphetamine manufacturing and Mexican 
cartels moving methamphetamine up the West Coast of the United States. 
We're going to cut that 65 percent because it's more important that we 
fund the cross-agency support budget of NASA and we increase it by 600 
percent in 2 years and we decrease funding for COPS and sheriffs and 
drug reduction in our communities, in our schools, in our rural areas 
by 65 percent.
  Well, you go on home and campaign on that, and I will be campaigning 
on my issues.
  Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. PASCRELL. We used to argue at one time on this floor whether or 
not to help communities to support the police department. We argued 
here on this floor as to whether this was a Federal issue, whether the 
Federal Government had any responsibility in terms of firefighters--I 
remember the debates--and police officers, and we made a decision on a 
bipartisan basis that it was a responsibility because we needed to 
protect the homeland.
  So Democrats and Republicans supported the protection in trying to 
help communities fight crime and put out fires. We made that on a 
bipartisan basis, and it is a shame that we do not even consider the 
COPS program as part of homeland security because, if you don't have it 
here, you have it nowhere. This is a security issue. It is a priority. 
How many officers in the past 2 months have been shot down doing their 
job in this country? Double last year. And we know that small 
communities and large communities have taken advantage of the COPS 
program. This is important to our communities.
  I was a mayor of the third largest city in New Jersey. I know what 
those police officers on the street in the communities mean to 
protecting folks in my town where I still live. I know the results. 
Since 1992, I know those results inside and out. You heard Mr. Weiner, 
who showed us the charts about what it has meant right across the 
United States of America. We're making a big mistake here. Throughout 
the United States of America, everybody, citizens know that when they 
see police officers walking the beat, they know there is a priority 
that the Federal Government has not forgotten.
  I ask you, you cannot do to police officers and you cannot do to 
firefighters what this budget, at least for the next 6 months, is being 
represented by the other side. We are going to take up a FIRE Act 
pretty soon, the SAFER Act pretty soon with our firefighters. We can't 
do this. We can't pat them on the back and say, Great job. We can't go 
to the parades and say, Look at this; this is the protection we have in 
America, and do this in a program that's successful.
  No one has stood and questioned the success of either of these 
programs. No one. I haven't heard one word tonight. If a program wasn't 
working, if cops weren't doing their job on the beat, then you'd stand 
and you would defend that particular position.
  This is not the way to do it. This is not the way to protect the 
homeland. This is not the way to pat police officers on the back and 
then send them out there without the resources and without their 
brothers and sisters fighting alongside of them to protect the United 
States of America.

  Mr. Chairman, this is a very serious problem. We argue vociferously 
on this floor to protect the soldier in the field in foreign lands. I'm 
here today to support DeFazio, Weiner, and the rest of the folks who 
have talked on this, to defend our police officers on the street. We 
owe them no less. I ask you to restore this money, the money that has 
been taken away in this 7-month budget. I don't think it's fair, and I 
don't think it's wise.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Weiner).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. WEINER. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New York 
will be postponed.
  Mr. SCOTT of Virginia. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, the CR's proposal before us 
proposes to cut $190 million from juvenile justice programs. That cut 
is shortsighted and misguided. Cutting effective crime prevention 
programs is penny wise and pound foolish because we have reams of 
research and demonstration programs to show that evidence-based crime 
prevention programs save a lot of money in avoided law enforcement, 
victim, incarceration, and

[[Page H893]]

other expenditures and actually save more than the programs cost.
  The current Justice Department is making excellent progress in 
assuring that crime prevention programs and funding are only used for 
those programs that have proven their effectiveness through vigorous 
evaluation and study and programs that have shown their effectiveness. 
I can see that cutting unproven programs as a result of earmarks that 
haven't gone through that vigorous demonstration would be appropriate, 
but the programs in the Justice Department should not be cut.
  Mr. Chairman, there are a lot of organizations that have written in 
opposition of the cuts in the juvenile justice programs. They include 
the National Disability Rights Network, the Campaign for Youth Justice, 
the Children's Law Center, the National Council for Community 
Behavioral Healthcare, The Afterschool Alliance, the Campaign for Fair 
Sentencing of Youth, and the Coalition for Juvenile Justice.
  Mr. Chairman, last month we passed a tax bill that increased the 
deficit by $400 billion a year for 2 years. Now, we obviously need to 
cut the budget to pay for those tax cuts, but cutting funding for 
juvenile justice programs that are proven to save more money than they 
cost is not the right thing to do. We need to defeat this bill and come 
back with a bill that fully funds the juvenile justice programs so that 
we can save money and reduce crime.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1333. (a) The percentage limitations on transfers 
     between appropriations of the Department of Justice described 
     in section 205 of division B of Public Law 111-117 shall not 
     apply to funds provided by this division to the Department of 
     Justice, or provided under previous appropriations Acts to 
     the Department of Justice that remain available for 
     obligation or expenditure in fiscal year 2011, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the Department 
     of Justice.
       (b) The transfer authority provided in subsection (a) shall 
     pertain only to transfers into the following accounts: 
     ``Department of Justice, Salaries and Expenses, United States 
     Attorneys''; ``Department of Justice, United States Marshals 
     Service, Salaries and Expenses''; ``Department of Justice, 
     Federal Bureau of Investigation, Salaries and Expenses''; 
     ``Department of Justice, Drug Enforcement Administration, 
     Salaries and Expenses''; ``Department of Justice, Bureau of 
     Alcohol, Tobacco, Firearms and Explosives, Salaries and 
     Expenses''; and ``Department of Justice, Federal Prison 
     System, Salaries and Expenses''.
       (c) Any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of division B 
     of Public Law 111-117 and shall not be available for 
     obligation except in compliance with the procedures set forth 
     in that section as amended by this division.
       Sec. 1334.  Notwithstanding section 1105, the proviso 
     limiting the use of funds under the heading ``National 
     Aeronautics and Space Administration, Exploration'' in 
     division B of Public Law 111-117 shall not apply to funds 
     appropriated by this division.
       Sec. 1335.  (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Space 
     Operations'' shall be $5,946,800,000.
       (b) The proviso specifying amounts under the heading 
     ``National Aeronautics and Space Administration, Space 
     Operations'' in division B of Public Law 111-117 for 
     operations, production, research, development, and support of 
     the Space Shuttle and the International Space Station and for 
     Space and Flight Support shall not apply to funds 
     appropriated by this division.

                 Amendment No. 78 Offered by Mr. Olson

  Mr. OLSON. 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:

       Page 205, line 25, after the dollar amount insert 
     ``(reduced by $517,000,000) (increased by $517,000,000)''.

  The Acting CHAIR. The gentleman from Texas is recognized for 5 
minutes.

                              {time}  2250

  Mr. OLSON. Mr. Chair, I rise today in support of my amendment to 
shift funds in the NASA budget. I appreciate the work that Chairman 
Wolf and his colleagues have put into drafting this bill. I know how 
tough it must have been. We were elected to make tough decisions, to 
cut spending, and to put our fiscal house in order. In our Nation's 
current fiscal situation, we must set clear and prudent guidelines on 
how our limited tax dollars are spent. I propose today that we set such 
limits within NASA to get better use out of our money.
  Climate research is currently conducted in 16 different agencies, 
including NASA, and received over $35 billion through stimulus and last 
year's appropriations bills. Human space flight is conducted in exactly 
one agency, NASA. In this tight budget cycle, we must reduce 
duplicative spending and target our resources where they will be most 
beneficial. The 15 other agencies conducting climate research can pick 
up the slack while freeing up resources for NASA to make a truly unique 
contribution, maintaining U.S. dominance in human space flight.
  Accordingly, my amendment proposes to reallocate $517 million that 
could be spent on NASA's science programs so that it will instead be 
available to maintain stable operations for human space flight. The 
amendment does not--does not change the overall NASA funding level. It 
simply reallocates within the total.
  I understand the tough task this CR has been for our appropriators. 
It is never easy to tell people they must do more with less. NASA has 
been doing more with less for almost a decade, and that is why I am 
offering this amendment.
  I appreciate this opportunity to discuss NASA priorities with 
Chairman Wolf and my colleagues. And I ask for Chairman Wolf's 
commitment to work with me going forward as we begin the appropriations 
process for fiscal year 2012, to ensure that we orient NASA away from 
duplicative climate research missions and back to its unique human 
space flight mission.
  Mr. Chair, I would like to yield to Chairman Wolf for the purpose of 
engaging in a colloquy.
  Mr. WOLF. I thank the gentleman.
  It's my understanding that the gentleman is withdrawing the 
amendment. I want to thank the gentleman for raising some critically 
important points about the value of NASA's human exploration program 
and the need to fully support it. And no one is a stronger supporter of 
NASA than the gentleman from Texas, except maybe Mr. Culberson who is 
equally supportive.
  I share his concern with ensuring exploration is adequately funded 
and that NASA remains on a clear path to achieve the human space flight 
goals laid out in last year's authorization. I will be happy to work 
together as closely as we possibly can to finish FY 2011 and move 
forward into FY 2012 to maintain a robust human space flight program at 
NASA, just as Mr. Olson would like it to be.
  In doing so, I agree that it will be necessary to identify and 
eliminate duplicative, wasteful, or lower-priority activities in NASA's 
science programs or any other NASA account, for that matter, so that we 
can remain on a sustainable overall budget path. I look forward to 
working with the gentleman and our colleagues who support NASA and 
thank him for his continuing efforts in this area.
  Mr. OLSON. I yield back the balance of my time.
  Ms. JACKSON LEE of Texas. I move to strike the last word.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. I rise to support the amendment that Mr. 
Olson has offered, and I am delighted that we have the opportunity to 
work together collaboratively with the chairman and with Mr. Dicks on 
this very important issue.
  I would like to say publicly that Democrats and Republicans in the 
State of Texas have worked enthusiastically together on supporting NASA 
and human space exploration. I'm sorry that I will not have the 
opportunity to support Mr. Olson's amendment or vote for it. He is 
absolutely right, human space flight is conducted in exactly one 
agency, NASA, and the general Houston area and Texas are impacted 
enormously. We have already lost 4,000 jobs. There will be a decrease 
of $1 billion going to NASA Johnson. That will impact the transition, 
if you will, in human space exploration. One very well known member of 
our community, Captain Mark Kelly, the husband of our dear and beloved 
Member, Congresswoman Giffords, will have the opportunity to be on one 
of the final shuttles.
  But what most of us are not aware of, because our memory fades, is 
how much we gained from human space exploration. Research in HIV/AIDS 
and

[[Page H894]]

stroke and heart disease and weather research, all improving the 
quality of life for Americans. So I stand solemnly behind continuing to 
fund human space exploration and join Mr. Olson in the leadership that 
he has given.

  This is a tight budget, but the President talked about investing in 
competitiveness, creating jobs. NASA creates jobs. It creates jobs for 
small businesses. It creates jobs for large contractors. It creates 
thousands upon thousands of jobs. So I hope in this instance that we 
can speak in a bipartisan manner to speak to the administration on the 
value of continuing to support NASA. It is difficult when we have a CR 
that, in fact, is cutting millions from the NASA budget, and I would 
hope that there would be a recognition that it is important to put $517 
million back into NASA, as was offered by this amendment.
  I can't imagine a Nation without the ability for young people to 
aspire to the heights of those who have gone on before, those who have 
been astronauts, those who have explored the skies, those who have done 
enormously important research on the various trips that have been taken 
that have provided the research and as well the space station which has 
been an enormous asset that has brought international partners together 
and helped develop science that could not be developed before.
  Having traveled to most of the centers that are under the NASA 
administration, each and every one that I have been to has had the 
quality of staff that have been doing their job in the name of progress 
for the American people. So I'm disappointed with this CR that has 
caused these enormous cuts, and I would hope that we have the 
opportunity to restore them.
  Where are we if we quash the genius of America? Where are we if we 
extinguish the dreams of young students and scientists around America? 
Where are we if we quash the jobs that can be created by science? NASA 
is an asset and a jewel. And I hope together in this Congress, and of 
course working together with the administration, we can realize it once 
and for all. Why we have to battle so hard for something that has done 
so much for the American people baffles me. I look forward to the 
reinvestment in science and competitiveness. I thank the gentleman for 
his leadership, and I hope we'll be able to work in a bipartisan 
manner.
  I yield back the balance of my time.
  Mrs. ADAMS. Mr. Chair, I move to strike the last word.
  The Acting CHAIR. The gentlewoman from Florida is recognized for 5 
minutes.
  Mrs. ADAMS. Mr. Chairman, I rise today to join my colleague, 
Representative Olson, in support of an amendment to transfer $517 
million out of NASA's climate change research fund and into human space 
flight, a proven economic driver and job creator. This amendment sends 
a clear message to both the administration and the leadership of NASA 
that it is Congress' intent that human space flight should not and 
cannot be ignored or marginalized.
  As Representative Olson just mentioned, the purpose of this amendment 
is to highlight the administration's approach to NASA and the direction 
in which it's heading. At a time when unemployment is at 12 percent in 
Florida and 9 percent nationwide and our country is facing trillion-
dollar deficits, I believe that limited Federal funds are better 
invested in NASA's human space flight program, not climate change 
research. Doing so will help to put people back to work and stimulate 
the economy.
  For the last half century, the United States has made a commitment to 
human space exploration, creating thousands of jobs and contributing to 
the economies of places like central Florida, Texas, Mississippi, and 
Alabama.
  With the shuttle program winding down and the Constellation program 
no longer a priority for this administration, I want the American 
people listening today to understand the fear and uncertainty felt by 
hardworking families throughout central Florida and the 24th District. 
They need to know the great benefits that NASA's human space flight 
program has brought to this Nation in the past and how a policy shift 
from NASA-administered human space flight to increased research on 
potential climate changes would devastate the economy of central 
Florida and many other regions of our country.

                              {time}  2300

  The facts are that in Fiscal Year 2010, the President designated $1.2 
billion of NASA's total budget towards climate change research. This is 
on top of the 16 separate agencies and departments outside of NASA that 
spent an additional $8.7 billion on climate change research in the same 
fiscal year. Now the President's Fiscal Year 2012 proposed budget 
allocates even more funding for this type of research.
  As NASA's human spaceflight program hangs in the balance, and the 
tens of thousands of jobs the program supports along with it, it is 
time for Congress to return NASA's directives and goals back to the 
congressional intent and the original agency mission: keeping America 
in front as a global leader in space exploration and helping to rebuild 
struggling communities in the process.
  In closing, I would like to thank Representatives Olson and Posey for 
working with me in drafting this amendment, and to Chairman Wolf for 
agreeing to work with our offices as the regular Fiscal Year 2012 
appropriations process proceeds.
  Mr. OLSON. Mr. Chairman, I ask unanimous consent to withdraw the 
amendment.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Texas?
  There was no objection.
  Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. SCHIFF. I will be very brief since the gentleman withdrew the 
amendment.
  I am a big fan and supporter of our manned spaceflight program, which 
I think has just an extraordinary record of achievement and is 
enormously important to our position in the world in terms of our 
leadership in science. It is also very important to many of the space 
centers around the country in terms of the important jobs that it 
provides.
  But I don't want to see us rob Peter to pay Paul within the sciences, 
to go after the earth sciences budget, which is also critically 
important to the Nation's future. When we look at some of the 
breathtaking and disastrous weather patterns that we have seen around 
the world, whether it was the incredible and tragic flooding in 
Australia or that in South America, the ability to understand better 
the nature of our climate and climate change is not only 
extraordinarily important in terms of saving lives but in terms of 
understanding what is happening to our planet.
  We also derive a lot of commercial benefits from our investment not 
only in earth science but space science as well. These investments pay 
enormous dividends in technologies that have become a part of all of 
our homes now. So this is investment that I think we want to continue 
to make and make strongly.
  And while I, again, am a fervent supporter of our manned spaceflight 
program, I don't think any one portion of our space budget or science 
budget ought to be cannibalizing the other. We do have to make 
sacrifices, and we're going to have to scrutinize every program that is 
not working well or not efficient, eliminate any waste, eliminate even 
programs that are working but not working well enough.
  But in terms of our investment in the future, in terms of our 
investment in understanding our planet, it would be, I think, very 
shortsighted for us to be cutting those budgets and cutting that vital 
research.
  I thank the gentleman for withdrawing the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1336. (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Cross Agency 
     Support'' shall be $3,131,000,000.
       (b) The set-asides under the heading ``National Aeronautics 
     and Space Administration, Cross Agency Support'' in division 
     B of Public Law 111-117 for center management and operations, 
     independent verification and validation activities and 
     projects specified in the explanatory statement accompanying 
     that Act shall not apply to funds appropriated by this 
     division.


[[Page H895]]


  Mr. LIPINSKI. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from Illinois is recognized for 5 
minutes.
  Mr. LIPINSKI. I rise today to discuss an amendment that I filed with 
Mr. Wu of Oregon but will not be offering. Instead, in a minute, I will 
be engaging Chairman Wolf in a brief colloquy.
  Our goal is simple: to preserve funding at fiscal year 2010 levels 
for two critical National Weather Service programs. We drafted this 
amendment because these are two programs that save lives.
  Many Americans might not realize it, but the weather forecasts we all 
get from the Internet, the Weather Channel, or from local TV or radio 
are all built on the raw data provided by the National Weather Service. 
These are the same weather reports that are relied upon every day by 
emergency responders, pilots, and sailors.
  My goal is to protect local warnings and forecast centers around the 
country, along with the Severe Storms Center, the National Hurricane 
Center, and the Aviation Weather Center. Without these centers, we 
wouldn't have daily forecasts or flood warnings, and air travel would 
be significantly more dangerous.
  The National Weather Service has been essentially flat funded since 
1995. Much of their equipment is in need of repair or replacement. As a 
country, we simply cannot afford to cut back any further on the service 
that saves lives, allows us to plan for and respond to weather 
emergencies, and enables air travel. I am concerned about the adverse 
impact that this cut could have on essential services.
  I understand that my colleague from Virginia, Chairman Wolf, shares 
some of my concerns, and I'd like to engage in a brief colloquy on this 
topic.
  Mr. Chairman, I know that this legislation requires the Department of 
Commerce to produce a spending plan that explains how they will 
implement these cuts. Would you be willing to work with me to make sure 
the plan NOAA produces reflects the important work done by the National 
Weather Service and does not adversely affect critical services.
  Mr. WOLF. Will the gentleman yield?
  Mr. LIPINSKI. I yield to the gentleman from Virginia.
  Mr. WOLF. I appreciate the gentleman's concern. He makes a very, very 
powerful point. I completely agree with him. These are important 
programs, as are many others in the bill, and we will ensure that as we 
review the FY 2011 spend plan that all NOAA's important activities are 
sufficiently funded.
  I also, I might say, have a large weather service presence in my 
district and appreciate their hard work, and it's one of the more 
important things that NOAA does with regard to the weather.
  I thank the gentleman for withdrawing his amendment, and I look 
forward and promise to work with him on these issues to resolve it, 
that we protect the issues that the gentleman's raising.
  Mr. LIPINSKI. Reclaiming my time, I thank Chairman Wolf, and I 
appreciate your willingness to work with me on this important issue.
  I yield back the balance of my time.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:
       Sec. 1337. (a) Notwithstanding section 1101, the level for 
     ``National Aeronautics and Space Administration, Construction 
     and Environmental Compliance and Remediation'' shall be 
     $408,300,000.
       (b) The set-asides under the heading ``National Aeronautics 
     and Space Administration, Construction and Environmental 
     Compliance and Remediation'' in division B of Public Law 111-
     117 for science research and development activities, 
     exploration research and development activities, space 
     operations research and development activities, and cross 
     agency support activities shall not apply to funds 
     appropriated by this division.
       Sec. 1338. (a) Transfer limitations for the National 
     Aeronautics and Space Administration described in the 
     Administrative Provisions of division B of Public Law 111-117 
     shall not apply to funds available under the following 
     headings: (1) ``National Aeronautics and Space 
     Administration, Aeronautics''; (2) ``National Aeronautics and 
     Space Administration, Space Operations''; and (3) ``National 
     Aeronautics and Space Administration, Education''.
       (b) Any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of division B 
     of Public Law 111-117 and shall not be available for 
     obligation except in compliance with the procedures set forth 
     in that section as amended by this division.
       Sec. 1339. (a) None of the funds made available by this 
     division may be used for the National Aeronautics and Space 
     Administration or the Office of Science and Technology Policy 
     to develop, design, plan, promulgate, implement, or execute a 
     policy, program, order, or contract of any kind to 
     participate, collaborate, or coordinate in any way with China 
     or any Chinese-owned company unless such activities are 
     specifically authorized by a law enacted after the date of 
     enactment of this division.
       (b) The limitation in subsection (a) shall also apply to 
     any funds used to effectuate the hosting of official Chinese 
     visitors at facilities belonging to or utilized by the 
     National Aeronautics and Space Administration.
       Sec. 1340.  Notwithstanding section 1101, amounts are 
     provided for ``Legal Services Corporation, Payment to the 
     Legal Services Corporation'' in division B of Public Law 111-
     117 in the manner authorized in Public Law 111-117 for fiscal 
     year 2010, except that for fiscal year 2011 the amounts 
     specified in division B of Public Law 111-117 shall be 
     modified by substituting--
       (1) ``$350,000,000'' for ``$420,000,000''; and
       (2) ``$324,400,000'' for ``$394,400,000''.

                 Amendment No. 173 Offered by Mr. Cohen

  Mr. COHEN. 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:
       Page 208, line 14, after the first dollar amount within the 
     quotes, insert ``(increased by $70,000,000)''.
       Page 208, line 15, after the first dollar amount within the 
     quotes, insert ``(increased by $70,000,000)''.
  Mr. WOLF. Mr. Chairman, I reserve a point of order on the gentleman's 
amendment.
  The Acting CHAIR. A point of order is reserved.
  The gentleman from Tennessee is recognized for 5 minutes.
  Mr. COHEN. I'm pleased to offer this amendment, of which many members 
of the Judiciary Committee have worked on behalf of legal services in 
the past. Many members of the Judiciary Committee have championed legal 
services over the years, none greater than Bobby Scott, who's been a 
member of the committee for some time, and the current ranking member, 
Mr. Conyers, Mr. Nadler, Ms. Jackson Lee and others.
  Legal services is so important to giving people representation, and 
this amendment will restore $70 million that's being cut from the Legal 
Services Corporation. That's 17\1/2\ percent of the money legal 
services got in the past. Legal services is already woefully 
underfunded. If you look at the funding they've gotten over the last 30 
years and prorate it, they've been behind in funds for a long time, and 
we've tried to make that up in the past years. Right now they turn away 
half of all eligible clients who seek assistance. Slashing these funds 
would make it even worse. And the fact is, in these dire economic 
times, some of the worst we've seen, although they're getting better, 
more and more people need legal services.
  The housing crisis is not over with, and one of the major areas they 
work with is people who are having problems with foreclosures because 
of unscrupulous loans that they've been given, and there will be more 
and more people losing their homes or potentially losing their homes 
needing legal services. And if they don't have legal representation and 
they lose those homes, neighborhoods are hurt, individuals are hurt, 
and that is a major cost on the economy.

                              {time}  2310

  The executive director of Memphis Area Legal Services, Harrison 
McIver, said the cuts would be devastating to Memphis Area Legal 
Services, and it would be devastating to their capacity to remain an 
effective advocate and resource for low-income individuals with all the 
civil legal problems that they may have. It would require laying off at 
least five attorneys and taking 725 fewer cases.
  Memphis Area Legal Services, as other legal service clinics, help 
victims of domestic violence, as well as with protective orders from 
abusive partners, as well as assisting folks with foreclosures and 
elderly people who have been victimized by predatory lenders. Think 
about how many victims of domestic abuse will be in danger without 
access to the courts, how many families will become homeless without 
this foreclosure assistance, and how many seniors would fall prey

[[Page H896]]

to predatory loans without legal help. How many of our vulnerable 
citizens will have the courthouse door closed in their face?
  The fact is, Mr. Chairman, that legal services is more needed in dire 
economic times than at any other time. And I understand the majority's 
positions about saying they were elected to make cuts. They weren't 
elected to make cruel cuts that hurt the most vulnerable people in 
situations that aren't of their own making, and who fall prey to 
predatory lenders or abusive spouses or people who prey on seniors in 
abusive ways. This is targeting the most vulnerable people in our 
society.
  I realize that there isn't an offset on this, and I realize the 
reason Mr. Wolf has made his point. I understand, too, somewhat, and 
feel a little bit of kinship with the Roman gladiators who, when they 
went into the field of combat, told the emperor that, We who are about 
to die salute you. And knowing kind of what the situation is, I also 
understand that ave imperartor moriture te salutant.
  I yield back the balance of my time.
  Mr. SCHIFF. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. SCHIFF. I want to speak in support of what my colleague from 
Tennessee has said. In the United States, access to justice shouldn't 
be available only for those who can afford it.
  I think most Americans recognize that we have an out-of-control 
deficit and debt, that we need tough action to deal with that, and I 
think Americans, irrespective of party, are ready to make sacrifices. 
The President's budget I think indicates that there are going to be 
some tough days ahead, and there are going to be some of the efforts we 
have supported in the past that we can't afford to support anymore.
  But at the same time, I think the American people recognize that 
there is a lot of waste in government that can be eliminated without 
harming people; that a lot of inefficiencies can and must be 
eliminated; but they also don't want in these difficult economic times 
for our first steps to be to take away vital resources from those who 
are most in need or from middle-income families that are trying to stay 
in their homes.
  One of the reasons why legal services has been so busy in the last 
several years is because of the foreclosure crisis, where many who are 
being forced out of their homes who can't afford counsel have nowhere 
to turn and have increasingly turned to legal services for help in 
trying to get them to stay in their home.
  Imagine what we are telling those families that are struggling to 
stay in their homes that we are now going to defund the lawyer that's 
been helping them. I don't think that's where we need to go in order to 
balance our budget.
  Legal Services Corporation is the largest funder of legal services 
for low-income Americans and for the growing population of Americans 
who have no income because they can't find work. Legal Services helps 
ensure representation before courts and is available to all Americans 
no matter what their income, their station in life, or what their 
circumstances happen to be.
  LSC-funded programs help single women trying to keep their families 
together, victims of domestic violence, elderly Americans trying to 
avoid foreclosure, and an increasing number of veterans arriving home 
from service in Iraq and Afghanistan who are unable to find jobs.
  Federal funding for LSC makes up only 40 percent of the operating 
income of those programs. The rest comes from State funding, support 
from the private bar, and funds from lawyer trust accounts; but the 
economy that is sending more people to the door of legal aid offices 
than at any time in history has also sapped those other sources of 
funding. The CR cuts legal services to the poor by $70 million. That's 
a 17 percent cut compared to the current level.

  Again, there is no question we need to find savings in the budget, 
and we are and we will, and we stand ready to work with our colleagues 
across the aisle to fund cuts that make sense. But to make a drastic 
cut to a program at a time that it is keeping people in their homes and 
where people are struggling most is not the most propitious place to 
find savings.
  I yield back the balance of my time.
  Mr. WOLF. I continue to reserve my point of order.
  Mr. SCOTT of Virginia. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. SCOTT of Virginia. Mr. Chairman, I thank the gentleman from 
Tennessee for offering the amendment and the gentleman from California 
for his remarks.
  Legal Services Corporation programs are forced to already reject over 
half the cases that come before them. This cut found in the CR only 
makes matters worse by requiring the firing of hundreds of Legal 
Services Corporation attorneys.
  Mr. Chairman, our justice system promises fairness to all litigants; 
but when people are unable to afford a lawyer, they are vulnerable to 
being ripped off in consumer transactions, vulnerable to unnecessary 
evictions, or unable to afford a divorce or resolve child custody 
disputes.
  Mr. Chairman, we need to make sure that justice is more than just an 
idea. One Supreme Court Justice suggested that the kind of justice one 
gets should not depend on the amount of money they have. Two months 
ago, we passed a tax cut that gave significant tax relief to 
multimillionaires. It would be tragic if Legal Services Corporation 
funding for legal aid lawyers was cut to help pay for those tax cuts to 
multimillionaires.
  Mr. Chairman, the Legal Services Corporation needs to be fully 
funded. We should defeat this CR and come up with a continuing 
resolution that fully funds the Legal Services Corporation. Again, I 
thank the gentleman from Tennessee and the gentleman from California.
  I yield back the balance of my time.
  Mr. WOLF. I continue to reserve my point of order.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. You know, if you stay around here long enough, you see 
very interesting things happen.
  As I look at my friend--and when I say ``my friend,'' I really mean 
that, Mr. Wolf, and I think of the chairman of the full committee, Mr. 
Rogers, I am reminded of the fact of two very interesting things. One, 
that it was Mr. Wolf and I, and Mr. Rogers and I, who made sure during 
some very difficult years a long time ago that the Legal Services 
Corporation would stay alive and grow and strengthen itself and support 
those who needed help in our community. As I said, if you stay around 
long enough, then you see the other side, which is the same folks 
accepting a cut that would devastate this agency.
  The other irony is, as I said so many times years before when I was 
the ranking member on this committee and some folks would try to cut 
it, that this was President Nixon's baby. This was one of the 
highlights, I believe, of his career, that he felt that every American 
had the right to legal representation.
  So in the times that we are in and with the desire of some folks to 
go after certain agencies, the Legal Services Corporation becomes a 
good target; but it indeed is a bad target to go after, because as we 
hear more and more talk about protecting, supporting, and keeping the 
Constitution alive, what better show than to allow folks legal 
representation?
  When we say life, liberty, and the pursuit of happiness, all that has 
certain meaning to me, and it has certain meanings to all of us; but at 
the center of that may be the ability to have representation and to 
have your day in court. There are folks that can't afford a lawyer, and 
the Legal Services Corporation has helped them.
  Now, mind you, throughout the years folks like myself have accepted 
the fact that they have great limitations placed on them. There are a 
lot of things they can't do, but there are still a lot of good things 
that they can do.
  So I would hope we could support this amendment; but more than that, 
I would hope that as we look, sadly, forward to this massive behavior 
of cuts across the board, that we realize that there are some basic 
needs and basic

[[Page H897]]

protections that we need. This is one of them. And this is a sad day, 
indeed, when I see so many of us who worked to preserve the Legal 
Services Corporation now engaged in seeing, perhaps, its demise.
  I yield back the balance of my time.

                              {time}  2320

  The Acting CHAIR. Does the gentleman from Virginia continue to 
reserve his point of order?
  Mr. WOLF. I do, Mr. Chairman.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I move to strike the 
requisite number of words.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. Thank you very much, Mr. Chairman.
  I had intended to offer an amendment similar to the gentleman from 
Tennessee's that strikes the elimination of $75 million. Rather than do 
that, I am going to join in support of the gentleman from Tennessee's 
amendment. Mine was striking the full $75 million that was being taken 
from the Legal Services Corporation.
  Earlier today I was on the floor explaining what a continuing 
resolution is, because I know more than my colleagues are listening. 
What would actually happen if this cut was to go through is, frankly, 
that the services to the poor, meaning cases who are now in court, 
cases that are proceeding, would be suspended in air. Frankly, you 
would deny justice to those who have begun to get some relief. This cut 
will impact 136 nonprofit Legal Services offices. It will frankly cut 
300 Legal Aid attorneys; 136 offices across America.
  This $75 million will stop Mr. and Mrs. Jones in the middle of 
representation to save their home. This cut will stop Mrs. Smith from 
being able to get relief from a domestic violence situation, because 
her lawyer, or that family's lawyer, will be fired. This cut will stop 
someone who has been defrauded. Some senior citizen who paid a 
contractor to fix their leaking roof in midstream will lose their 
lawyer. This is a denial of justice. Having had the privilege today of 
visiting the construction site of the Martin Luther King Memorial, it 
was interesting that I read these words: ``Injustice anywhere is 
injustice everywhere.'' And for us to cut the very framework of the 
Constitution that calls for justice, I believe, is something that 
should halt us on the very floor of this House and we should 
immediately accept the amendment without the point of order and allow 
these individuals to have the ability to be served. Frankly, this is 
beyond the imagination of any of us. The board chairman, John G. Levi, 
of the Legal Services board said, ``Justice is a hollow promise without 
the Legal Services Corporation.'' He is absolutely right.
  And as I indicated, I, too, wanted to strike the elimination of $75 
million from the Legal Services Corporation, but the greater insult is 
the fact that work that is proceeding as we speak would be eliminated: 
300 lawyers, 136 nonprofit offices and how many hundreds upon hundreds 
and maybe thousands of clients who would not have the opportunity to be 
served.
  So I would ask my colleagues to consider what we do here in this 
place and to consider what a continuing resolution will do midstream 
similar to the point I made earlier about resources that could be taken 
from the section of the Department of Justice that would enforce the 
Voting Rights Act. It means that you would stop cases dealing with the 
enforcement of the right to vote. Let us not deny justice tonight. I 
would ask my colleagues to support the adding back of the $70 million 
to the Legal Services Corporation.


                             Point of Order

  Mr. WOLF. Mr. Chairman, I must insist on my point of order.
  I wanted to just say, I appreciate the comments of the gentleman from 
New York (Mr. Serrano) and the Members on the other side of the aisle. 
I share many of his concerns. However, as the gentleman knows, there is 
not an offset to this bill and the amendment proposes a net increase in 
budget authority in the bill. The amendment is not in order under 
section 3(j)(3) of House Resolution 5, 112th Congress, which states, 
``It shall not be in order to consider an amendment to a general 
appropriations bill proposing a net increase in budget authority in the 
bill unless considered en bloc with another amendment or amendments 
proposing an equal or greater decrease in such budget authority 
pursuant to clause 2(f) of rule XXI.'' The amendment proposes a net 
increase in the budget authority in the bill. Therefore, it is in 
violation of such section.
  I ask for a ruling of the Chair.
  The Acting CHAIR. Does any other Member wish to be heard on the point 
of order?
  The Chair recognizes the gentlewoman from Texas.
  Ms. JACKSON LEE of Texas. I respect the chairman and I know that he 
has, as the gentleman from New York said, has his own commitment.
  I consider this an emergency and would only make the point that 
whether or not a point of order could be waived, in light of the fact 
that cases that are now in litigation would be in essence left without 
representation either for the client or for the case. I consider it a 
legal emergency, an emergency dealing with justice questions, and I 
would ask that the point of order be waived.
  The Acting CHAIR. The Chair is prepared to rule.
  The gentleman from Virginia makes a point of order that the amendment 
offered by the gentleman from Tennessee violates section 3(j)(3) of 
House Resolution 5.
  Section 3(j)(3) establishes a point of order against an amendment 
proposing a net increase in budget authority in the pending bill.
  The Chair has been persuasively guided by an estimate from the chair 
of the Committee on the Budget that the amendment proposes a net 
increase in budget authority in the bill. Therefore, the point of order 
is sustained. The amendment is not in order.


       Amendment No. 110 Offered by Mr. Duncan of South Carolina

  Mr. DUNCAN of South Carolina. 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:
       Page 208, line 14, after the first dollar amount inside the 
     quotes, insert ``(reduced by $324,400,000)''.
       Page 208, line 15, after the first dollar amount inside the 
     quotes, insert ``(reduced by $324,400,000)''.

  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. DUNCAN of South Carolina. Thank you, Mr. Chairman. I won't take 
the full time here.
  This amendment deals with the Legal Services Corporation, which is a 
relic from the Great Society, originally known in the 1960s as the 
Office of Economic Opportunity Legal Services, and later renamed.
  Folks, let me remind you that we have a trillion-and-a-half-dollar 
deficit spending and we have $14 trillion in debt. We can't afford to 
keep paying for liberal trial lawyer bailouts like the LSC. This is low 
hanging fruit if we are serious about cutting spending in this body. 
This is exactly the kind of program that we would be cutting if we had 
a Byrd-style committee in place. That's why we need to pass House 
Resolution 82.
  This amendment effectively zeros out the LSC, allowing only a small 
amount for agency audits to continue. This cut is in the DeMint-Jordan 
Spending Reduction Act, which would eliminate the program entirely.
  A number of groups have advocated for the abolition of the LSC. Human 
Events describes the LSC as one of the top 10 ``most outrageous 
government programs.'' Stephen Moore of the Wall Street Journal calls 
LSC ``a slush fund for special interests.'' And the Americans for 
Limited Government's Bill Wilson says: ``This corporation just serves 
as the legal arm for left-wing causes and should be abolished.''
  In noting the LSC's penchant for taking cases it has been 
legislatively barred from being involved in, the Heritage Foundation 
declares: ``Obviously, if LSC would stop wasting funds representing 
people it isn't supposed to, it would have more money to spend 
representing needy people.''
  Americans for Tax Reform calls LSC ``ineffective'' and notes that 
their ``services are duplicated by State and private agencies.''
  And just recently, the Cato Institute notes that the LSC ``too often 
uses tax dollars for lobbying and other political advocacy activities'' 
and adds that the LSC ``should be abolished.''

[[Page H898]]

  I go back to the amount of debt that we have in this Nation and the 
deficit spending that we have in this fiscal year. Again, this is low 
hanging fruit and if we are serious about cutting spending, this is an 
easy one for us to deal with.
  I yield back the balance of my time.

                              {time}  2330

  Mr. SCHIFF. Mr. Chairman, I rise in strong opposition to this 
amendment and move to strike the last word.
  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. SCHIFF. We can have reasonable debates about the deficit 
situation and the actions that should be taken, but I don't think the 
hyperbole that we are hearing is adding to the quality of the debate. 
When the Legal Services Corporation is described as a ``trial lawyer 
bailout,'' I think it shows a total misapprehension of what Legal 
Services does.
  For many Americans, tens of thousands of Americans who are at risk of 
having their house foreclosed out from under them, seeking assistance 
from Legal Services to stay in your home, that is not a trial lawyer 
bailout. I don't think people who go to Legal Services because they 
can't afford an attorney and desperately want to stay in their home 
feel like they are giving some sort of bailout to trial lawyers when 
they go to the neighborhood Legal Services and ask for help to stay in 
their home.
  It also has been described as some kind of a bastion for left-wing 
causes. I don't think it is a left-wing cause to want to help people 
stay in their house. I don't think it is a left-wing cause when you 
have veterans coming back from Iraq and Afghanistan who need mental 
health services and need the advice of counsel and need the help of 
counsel to get services they are entitled to. I don't think that is a 
left-wing cause.
  I don't think it is a right-wing cause to want to foreclose on 
someone, and I don't think it is a left-wing cause to want to keep them 
in their home. I think, frankly, this ought to be all of our cause, 
that people through no fault of their own who are hardworking but have 
lost their job as a result of the economy or lost part of their income 
as a result of the economy and need help to stay in their home, and 
this is the only place they can get it, the only place they can afford 
a lawyer, and anyone who has tried to hire a lawyer knows how expensive 
that is, I don't think that is a left-wing cause, and I just don't 
think it sheds much light on the debate.
  Are there things that can be cut? Yes. Is the President's budget 
cutting them? Yes. Are there more cuts we are going to have to find? 
Yes. But let's speak frankly about what this organization does and what 
it doesn't do. And if my colleagues have issues to take with a 
particular Legal Services branch in a particular city, then we should 
take that cause in our committee, the Commerce, Justice, Science 
Committee, with our chairman, Mr. Wolf, and do oversight to make sure 
that LSC funds aren't being used to lobby Congress, to make sure that 
only for permissible purposes are funds being used in LSCs around the 
country.
  The LSCs I think over the last several years have done 
extraordinarily well under that oversight, and that oversight needs to 
continue. And where LSCs can operate more efficiently, they are going 
to have to, because it is not just a problem in terms of the Federal 
budget, but all the States are cutting back as well.
  But I don't think we can really get to the heart of where we can 
afford to make cuts, where the cuts will inflict the least pain, if we 
are going to pejoratize the service of a lot of hardworking lawyers out 
there who work for Legal Services, many of whom offer their services 
pro bono, who get no compensation whatsoever for the work they provide, 
and try to demean them by saying this is a trial lawyer bailout.
  I yield back the balance of my time.
  Mr. WOLF. Mr. Chairman, I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from Virginia is recognized for 5 
minutes.
  Mr. WOLF. I won't go into great length about it. The very fact that 
the President has failed to address the issue of entitlements, has 
walked away from his own commission, the Bowles-Simpson Commission that 
had the support of Senator Coburn and Senator Durbin, leads you to 
activity like this. Many times Members are frustrated to deal with this 
issue.
  We have $14 trillion of debt, and in the statement I gave on the 
floor several weeks ago, I said had I been a member of the commission, 
I would have voted for it. I think it was a missed opportunity. I also 
said that failure to address the issue of dealing with Medicare and 
Medicaid and Social Security will unfortunately result in many times 
the poor being hurt. In the Bible it says in Proverbs when you give to 
the poor, you loan to God, and I am sensitive to that. But the very 
fact that the administration, the President appoints the commission, 
comes out at a big press conference, and then walks away from it, leads 
you to some activity like this.
  This would wipe out Legal Services, so I strongly urge Members to 
oppose the amendment, and I urge Members to contact the White House and 
ask them to support entitlement reform in the Simpson-Bowles package.
  Mr. SCHIFF. Will the gentleman yield?
  Mr. WOLF. I yield to the gentleman from California.
  Mr. SCHIFF. I appreciate your yielding, Mr. Chairman, and I agree 
with you.
  First of all, I appreciate your opposition to the amendment. The big 
entitlement programs are going to have to be addressed, and what we are 
doing here in dealing with this small piece of the Federal budget pie, 
that is, domestic discretionary spending, there is no way we can find 
enough savings to make a real dent in the magnitude of our deficit and 
debt. That has to be done. I can understand your frustration about it. 
It is a frustration I think we all share.
  I think the difficulty, frankly, that the administration is having is 
probably the same difficulty that the majority is having, and that is 
whoever puts the proposal on the table first gets their head taken off. 
I think probably the only way to get to ``yes''--and there is no way we 
are going to be able to reform the entitlement programs in a partisan 
way; it has to be done in a bipartisan way--is frankly if both parties 
can come together and put something on the table together. I think that 
is what is going to have to happen.
  But you are right, there is no way we are going to make even a small 
dent in things until we have that bigger, more important conversation.
  Mr. WOLF. Reclaiming my time, I believe that if President Reagan were 
President of the United States today, he would provide the leadership, 
because he did in saving Social Security. It was the Greenspan 
Commission, and he worked with them in a bipartisan way. I think if we 
had a President like Ronald Reagan, we would be resolving these issues.
  With that, I urge opposition to the amendment.
  I yield back the balance of my time.
  Mr. SERRANO. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. SERRANO. The last thing I want to do is prolong this debate this 
evening. It is getting late. But I think what is happening with these 
budget cuts, under the disguise of budget cuts, is that we are 
discussing some very serious issues, and at times we use words or 
phrases that should not go unchallenged.
  So, first of all, I want to thank the chairman of the subcommittee 
for his opposition to the amendment, because he has got a history of 
being supportive. And he is a fiscal conservative. He knows that he 
wants to go after waste and high expenses and programs that don't 
function well. But he also has always had a belief that the person who 
may not have the most resources in this society should be given a shot 
at being protected.
  I want to join Mr. Schiff in that we have to continue to be careful. 
To say that this is a trial lawyers' bailout, when we in fact have had 
incredibly serious bailouts in the last couple of years, that is a bad 
statement to make.
  I am old enough to remember President Nixon, and I don't remember 
that he went around creating left-wing causes or left-wing programs. 
Again, I

[[Page H899]]

repeat, and it bears repeating, this was his creation. Because within 
that complex human being known as Richard Nixon, there were a couple of 
things that were very interesting to analyze, and one of them was his 
fundamental belief that everyone in this country needed the ability to 
be represented and represented properly.
  Now, what is ironic is, the same folks who would destroy the Legal 
Services Corporation will not utter a word as we continue to protect 
people in this society gaining more power and more wealth and never 
needing a Legal Services lawyer for one of their issues, one of their 
cases.
  So as we look at these cuts, as we look at this desire to bring down 
the deficit, as we do all these things that I think on a bipartisan 
basis we believe have to be done, we also have to pay attention to the 
fact that we can't destroy that which is fundamentally sound in our 
society. Cut here and there, I understand that. That train left the 
station a long time ago. Destroy it? Totally wrong.
  Lastly, not to repeat myself, you can't on one hand claim that we 
need to protect more than ever the Constitution, and tell somebody with 
a home being foreclosed that can't afford a lawyer that they can't get 
any assistance. This is the wrong way to go, and I really hope this 
amendment is defeated and defeated soundly.
  I yield back the balance of my time.

                              {time}  2340

  Ms. JACKSON LEE of Texas. Mr. Chairman, I move to strike the last 
word.
  The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
  Ms. JACKSON LEE of Texas. Mr. Chairman, I appreciate the fact that 
the gentleman from Virginia has opposed this; but I just wonder whether 
or not there's any shame when it comes to literally gutting the Legal 
Services Corporation some $324 million and practically eliminating any 
opportunity for justice. I just want to repeat some of the words that 
were offered: slush fund for special interests, lobbying, and political 
activities.
  We spent some time in the 1990s on the Judiciary Committee looking 
closely at the Legal Services Corporation and, frankly, gave generous 
oversight on some of the issues that might have suggested that there 
were other activities going on. When the Legal Services Corporation 
non-profits come from around the Nation, you are seeing members of the 
bar who are from major law firms, major leaders in the community who 
are on the boards of these particular services, local offices, and they 
have the highest standard of legal excellence that they try to portray 
and therefore try to encourage as relates to the representation of poor 
people. My brother-in-law, to his death, was a legal services lawyer in 
New York. Not one time did I see him or hear of him doing anything 
other than attempting to do justice for people who could not achieve 
such.
  I, frankly, believe when you talk about a continuing resolution, make 
it very clear: it is stopping programs in the middle of operation. It 
is closing 136 offices in midstream. It is laying off 300 lawyers in 
the middle of litigation that they are pursuing to keep Mrs. Jones in 
her home and to keep an elderly person who's been defrauded by an 
unscrupulous contractor simply trying to fix an old home. She has no 
other options sometimes than a legal services lawyer. So I hope that we 
will see less of this.
  Might I just say it's interesting that we have a difference of 
opinion. Frankly, I don't think the President has walked away from any 
Financial Commission report. The majority in this House has every 
opportunity to present their cuts to entitlement and to begin the 
discussion. The President has not indicated he is not interested. But 
while we recognize that this House is a revenue-generating House and, 
therefore, with the responsibility now in the hands of Republicans, it 
is appropriate for the chairman of the Budget Committee and others to 
present their proposal for such.
  The President's budget cuts the debt. The President's budget has 
strength in going forward; but it has a purpose: competitiveness; 
morality; and, of course, to rebuild America. I'm waiting on the 
Republicans to present their proposal, and I'm sure that we will look 
closely and be able to work in a bipartisan manner. But I would 
vigorously oppose any cuts of this measure at all to the Legal Services 
Corporation, which is a mark for justice in this country.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from South Carolina (Mr. Duncan).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DUNCAN of South Carolina. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from South 
Carolina will be postponed.
  The Clerk will read.
  The Clerk read as follows:
       Sec. 1341.  Section 505(a)(1) of division B of Public Law 
     111-117 is amended by inserting ``, unless the House and 
     Senate Committees on Appropriations are notified 15 days in 
     advance of such reprogramming of funds'' before the 
     semicolon.
       Sec. 1342.  Of the funds made available for ``Department of 
     Commerce, Bureau of the Census, Periodic Censuses and 
     Programs'' in division B of Public Law 111-117, 
     $1,740,000,000 is rescinded.
       Sec. 1343.  Of the unobligated balances available for 
     ``Emergency Steel, Oil, and Gas Guaranteed Loan Program 
     Account'', $48,000,000 is rescinded.
       Sec. 1344.  Of the unobligated balances available to the 
     Department of Justice from prior appropriations, the 
     following funds are rescinded, not later than September 30, 
     2011, from the following accounts in the specified amounts: 
     (1) ``Office of Justice Programs'', $42,000,000; and (2) 
     ``Community Oriented Policing Services'', $10,000,000.

      TITLE IV--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

       Sec. 1401.  All of the provisos under the heading ``Corps 
     of Engineers--Civil, Department of the Army, Construction'' 
     in the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1402.  The proviso under the heading ``Corps of 
     Engineers--Civil, Department of the Army, Mississippi River 
     and Tributaries'' in the Energy and Water Development and 
     Related Agencies Appropriations Act, 2010 (Public Law 111-85) 
     shall not apply to funds appropriated by this division.
       Sec. 1403.  The fifth proviso (regarding the San Gabriel 
     Basin Restoration Fund), seventh proviso (regarding the Milk 
     River Project) and eighth proviso (regarding the Departmental 
     Irrigation Drainage program) under the heading ``Department 
     of the Interior, Bureau of Reclamation, Water and Related 
     Resources'' in the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1404.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Energy Efficiency 
     and Renewable Energy'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1405.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Electricity Delivery 
     and Energy Reliability'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1406.  The proviso under the heading ``Department of 
     Energy, Energy Programs, Nuclear Energy'' in title III of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1407.  The second proviso under the heading 
     ``Department of Energy, Energy Programs, Fossil Energy 
     Research and Development'' in title III of the Energy and 
     Water Development and Related Agencies Appropriations Act, 
     2010 (Public Law 111-85) shall not apply to funds 
     appropriated by this division.
       Sec. 1408.  All of the provisos under the heading 
     ``Department of Energy, Energy Programs, Science'' in title 
     III of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1409.  The thirteenth proviso (regarding Commission 
     funding) under the heading ``Department of Energy, Energy 
     Programs, Nuclear Waste Disposal'' in title III of the Energy 
     and Water Development and Related Agencies Appropriations 
     Act, 2010 (Public Law 111-85) shall not apply to funds 
     appropriated by this division.
       Sec. 1410.  All of the provisos under the heading 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Weapons 
     Activities'' in title III of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2010 (Public Law 
     111-85) shall not apply to funds appropriated by this 
     division.

[[Page H900]]

       Sec. 1411.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, National Nuclear 
     Security Administration, Defense Nuclear Nonproliferation'' 
     in title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1412.  All of the provisos under the heading 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Office of the 
     Administrator'' in title III of the Energy and Water 
     Development and Related Agencies Appropriations Act, 2010 
     (Public Law 111-85) shall not apply to funds appropriated by 
     this division.
       Sec. 1413.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, Environmental and 
     Other Defense Activities, Defense Environmental Cleanup'' in 
     title III of the Energy and Water Development and Related 
     Agencies Appropriations Act, 2010 (Public Law 111-85) shall 
     not apply to funds appropriated by this division.
       Sec. 1414.  The proviso under the heading ``Department of 
     Energy, Atomic Energy Defense Activities, Environmental and 
     Other Defense Activities, Other Defense Activities'' in title 
     III of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1415.  The fifth proviso under the heading 
     ``Department of Energy, Power Marketing Administrations, 
     Construction, Rehabilitation, Operation and Maintenance, 
     Western Area Power Administration'' in title III of the 
     Energy and Water Development and Related Agencies 
     Appropriations Act, 2010 (Public Law 111-85) shall not apply 
     to funds appropriated by this division.
       Sec. 1416.  Sections 105, 106, 107, 110 through 125, 205 
     through 211, 502, and 506 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2010 (Public Law 
     111-85) shall not apply to funds appropriated by this 
     division.
       Sec. 1417.  In addition to amounts otherwise made available 
     by this division, $50,000,000 is appropriated for 
     ``Department of Energy, Energy Programs, Advanced Research 
     Projects Agency--Energy''.

                              {time}  2350


               Amendment No. 192 Offered by Mrs. Biggert

  Mrs. BIGGERT. 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:
       Page 213, line 19, after the dollar amount insert 
     ``(reduced by $50,000,000)''.
       Page 359, line 8, after the dollar amount insert 
     ``(increased by $50,000,000)''.

  The Acting CHAIR. The gentlewoman from Illinois is recognized for 5 
minutes.
  Mrs. BIGGERT. Mr. Chairman, my amendment would cut funding for the 
Advanced Research Projects Agency--Energy, commonly known as ARPA-E, by 
$50 million, and it would put that funding towards deficit reduction.
  For my colleagues who know me, they know it is not easy for me to cut 
funding for energy research. I have always maintained that there are 
two priorities I believe in and will continue to promote in Congress. 
Energy R&D is one of them. I believe the greatest investments we can 
make to secure our economic competitiveness are those investments that 
cultivate scientists and engineers of the future and provide the 
research infrastructure from which they can innovate and create jobs.
  ARPA-E was first proposed in 2005 in the distinguished report 
entitled, ``Rising Above the Gathering Storm.'' Modeled on DARPA, ARPA-
E was recommended along with dozens of recommendations designed to spur 
scientific investment. These recommendations were authorized as a part 
of the first America COMPETES Act of 2007 and reauthorized again last 
year.
  Despite my strong support and leadership for COMPETES and its 
programs, I have had concerns about ARPA-E since inception. As a senior 
member of the Science, Space, and Technology Committee, our minority 
views on the President's fiscal year 2010 budget accurately reflect my 
sentiment:
  ``Those of us in opposition to ARPA-E maintain the view that creating 
a new agency to do work that is currently being done at the DOE is not 
a justified use of the limited funds available to the Department, and 
we support the Department's previous decision to not establish ARPA-E 
but to engage in ARPA-E-type projects within the current DOE 
structure.''
  Most importantly, I have always believed that ARPA-E threatens to 
divert resources from the DOE's Office of Science, the largest 
supporter of basic research. That is why I secured language through 
COMPETES 2007 that would prohibit funding for ARPA-E unless the Office 
of Science is fully funded. I felt this was the most productive way to 
move forward with the ARPA-E concept and to prevent duplication or 
competition with other DOE programs. However, when we reauthorized 
COMPETES last year, this language was not included; and, unfortunately, 
my attempts to limit ARPA-E appropriations were unsuccessful.
  In supporting my concerns about spreading resources too thin, now-
Secretary Steven Chu said the following of ARPA-E in testimony before 
the Energy subcommittee in 2006: ``In funding ARPA-E, it is critical 
that its funding not jeopardize the basic research supported by the 
Department of Energy's Office of Science. The committee's 
recommendations are prioritized, and its top recommendation in the area 
of research is to increase the funding for basic research by 10 percent 
per year over the next 7 years.''
  Mr. Chairman, were it not for the 2009 American Recovery and 
Reinvestment stimulus bill, ARPA-E would never have been funded. I urge 
my colleagues to join me in cutting ARPA-E funding and in rejecting 
duplication and stretched resources.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the 
gentlewoman's amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. We are here to follow through on our pledge to 
right-size the government, and I appreciate my colleague's amendment 
for that reason. However, in addition to enacting historic reductions 
in spending in the CR, we are also committed to an unprecedented level 
of oversight to ensure that every dollar spent by the Federal 
Government is, indeed, well spent.
  My colleague's amendment would virtually eliminate the Advanced 
Research Projects Agency--Energy, or ARPA-E, as we call it. This 
relatively new program is getting positive early results for its strong 
management, for its ability to execute, and for its focus on American 
competitiveness.
  We certainly can and must debate which programs are the most worthy 
of taxpayers' dollars and which we should terminate, but the debate to 
end a potentially promising initiative to increase funds for another 
Federal program, as this amendment does, must be thoroughly considered 
in more than 5 or 10 minutes.
  I and the committee would be happy to work with my colleague in the 
fiscal year 2012 process to ensure the proper and thorough oversight 
and evaluation of this program. However, I must regretfully oppose her 
amendment.
  I yield back the balance of my time.
  Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite 
number of words.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. PASTOR of Arizona. I join the chairman in his opposition to this 
amendment.
  Mr. Chairman, it is a promising program that already has provided not 
only research but the taking of the research, the finding of private 
capitalization, and the developing of products that can go forward.
  One of the problems that we have found in the past for many years is 
that the Department of Energy has sometimes great problems in doing the 
basic research or in funding basic research. It has a difficult time 
getting out to find capitalization and then in being able to 
commercialize it.
  ARPA-E is a process that is small but big in talent which is able to 
take innovative ideas and is able to research and take them to the next 
step with private capitalization. It is a program that takes public 
investment and increases the investment by the private sector. The 
outcome is the innovation of products, new employment, and new jobs. It 
is the way to transform the Department of Energy to make it more 
effective, and it would be a great loss to zero fund it at this time.
  I yield back the balance of my time.
  Mrs. CAPITO. Mr. Chairman, I move to strike the requisite number of 
words.
  The Acting CHAIR. The gentlewoman from West Virginia is recognized 
for 5 minutes.

[[Page H901]]

  Mrs. CAPITO. Mr. Chairman, I rise in support of the gentlewoman's 
amendment, although I had an amendment that was to follow this 
amendment which sought to grab $47 million from the ARPA-E program to 
fund a jobs program to restore the clean coal research dollars that are 
stricken in this continuing resolution.
  My amendment would have restored funding to the DOE's Fossil Energy 
Research and Development program to maintain our commitment to domestic 
coal and natural gas, which powers our Nation. It protects our 
environment and enhances our energy independence.
  Certainly, in being from the State of West Virginia, this is a jobs 
issue for us. Our coal industry is under serious attack in this 
administration, both from the regulatory perspective and from other 
environmental areas. We realize that 50 percent of the Nation's energy 
is powered by coal. In order to use that most abundant resource that we 
have in our Nation, we need to find ways to burn it cleaner and mine it 
more efficiently.
  For more than a quarter of a century, Fossil Energy Research has 
converted taxpayer investment into high-tech advances that in some ways 
touch every single American's life. Fossil Energy is finding and 
testing new ways to use coal more cleanly and efficiently by producing 
energy from coal gasification and by improving technologies to clean, 
capture, or store the emissions from coal-fired power plants. Over 
1,000 American pioneers are doing research in this area, many of them 
located in our State of West Virginia at the National Energy Technology 
Laboratory in Morgantown, West Virginia.

                              {time}  0000

  The Morgantown facility is the only national laboratory devoted to 
fossil energy research. So while I'm unable to offer my amendment to 
strike $47 million from the ARPA-E program and restore the $30.6 
million into the clean coal research program, I did want to take this 
opportunity to emphasize the feeling that I have of how important it is 
for us to move forward in a bold and technologically superior way to 
find a way to use our most abundant resource.
  The advanced research projects happening at Fossil Energy now will 
help keep clean, affordable energy from our traditional few resources 
as an integral part of our energy supply while we innovate and research 
our way to those new energy resources.
  Mr. BROUN of Georgia. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. BROUN of Georgia. Mr. Chairman, I rise in support of the 
gentlewoman from Illinois' amendment which would strike funding for 
ARPA-E within the Department of Energy.
  There is little disagreement in Congress on the importance of 
fundamental advances in energy technologies to America's future 
economic and national security. It is a priority that we all share. The 
challenge lies in how best to structure the Federal Government's 
involvement in energy research and development to maximize use of 
limited resources.
  Republican Members on the Committee on Science, Space and Technology 
have had serious reservations regarding the appropriateness of ARPA-E 
since it was first debated in the 110th Congress. A primary concern was 
that ARPA-E would focus on late-stage technology development activities 
that the private sector was already addressing, and we've seen that 
happen.
  While language was incorporated into ARPA-E's authorizing statute 
directing the agency to only support ``technological advances in areas 
that industry by itself is not likely to undertake because of technical 
and financial uncertainty,'' there are numerous instances of ARPA-E 
awards that indicate the agency is not following these guidelines, 
instead providing funding to companies that are already actively 
pursuing development of the technology area for which they are 
requesting funding. This is a serious issue--taxpayer funding for R&D 
should only go toward areas that are too risky for private investment.
  Due to these concerns, Mr. Chairman, I along with Chairman Hall, 
chairman of the Science, Space and Technology Committee, have requested 
that the Government Accountability Office undertake a study to review 
and report on the extent to which this problem is occurring with 
respect to other awards. At least until this study is completed and 
Congress has had an opportunity to consider its findings, ARPA-E should 
not receive additional taxpayer money, especially in this current 
environment of fiscal disaster that we're headed towards.
  I urge support for the gentlelady's amendment.
  The Acting CHAIR (Mr. Chaffetz). The question is on the amendment 
offered by the gentlewoman from Illinois (Mrs. Biggert).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mrs. BIGGERT. Mr. Chairman, 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 Illinois 
will be postponed.


                Amendment No. 395 Offered by Mr. Inslee

  Mr. INSLEE. 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:
       Page 213, line 19, after the dollar amount insert 
     ``(increased by $20,000,000)''.
       Page 217, line 13, after the dollar amount insert 
     ``(reduced by $20,000,000)''.

  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. INSLEE. Mr. Chairman, we have a simple amendment that will help 
restore two principles to our budget: one is innovation, and two is 
balance. What our amendment would do would be add $20 million to the 
ARPA-E account. It would be fully paid for with a balance taken out of 
the fossil fuel research account, and this is important for two 
fundamental reasons.
  Our Nation's economic performance will live or it will die on the 
ability to innovate a new clean energy technology; and today, tonight, 
when we're speaking, the Chinese are investing $786 billion in the 
development of new clean energy technologies. Yet, what does this CR do 
to our advanced clean energy research budget? It cuts it by 85 percent. 
While the Chinese are racing ahead on clean energy, we're running 
backwards 85 percent in ARPA-E, which has tremendous potential in solar 
energy, in efficient, enhanced geothermal and new efficiencies in 
electric storage, in high-capacity grid systems. This is our seed corn 
of innovation, and yet we have slashed it 85 percent in this CR. We are 
simply asking to reduce that cut to about 65 percent and add $20 
million.
  Now, let me put this in context. That is the innovation part of this 
agenda; and for those who are critical of ARPA-E, let me suggest, in 
the first year of this operation, in the first year, it has attracted 
six private equity investments for $23 million of Uncle Sam's 
investment of $100 million that has been leveraged for private equity 
investment. This program has some promise, and we are cutting off tiny 
little crumbs to cut off the innovation budget for clean energy. It's a 
huge mistake.
  Now, balance, here's where the balance part comes in. We want to pay 
for this, obviously. We don't want to create further deficit spending 
on this program. In the fossil fuel research budget, we've cut that 17 
percent, and it's 10 times larger than the ARPA-E budget. That is 
wildly out of balance where we cut ARPA-E. Instead of 17 percent, we 
cut it 85 percent. Fossil fuels, we've got $556 million in research. 
For ARPA-E, we've got 50 million unless we adopt the Inslee amendment. 
So I would encourage us to get in the game of competing with China.
  Now, I was talking to former Governor Ted Strickland tonight about a 
company called Willard & Kelsey, WK Solar Group, a company that's 
developed a new way of manufacturing solar cells using a horizontal 
manufacturing project, much more efficient, quicker manufacturing. If 
we don't start developing these technologies, the Chinese are going to 
have us for lunch, and this is a small thing that the payoffs could be 
dramatic. We'd encourage more innovation, and we'd encourage more 
balance for the future.
  We recommend this amendment.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition.

[[Page H902]]

  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, the gentleman's amendment adds, as 
we know, $50 million for ARPA-E while cutting funding for the fossil 
energy program. The Energy and Water portion of this bill strikes a 
careful balance between national security, American competitiveness, 
and the grave responsibility of deficit reduction. As written, this 
bill provides sufficient funding to keep ARPA-E operational and active 
in fiscal year 2011 while we thoroughly evaluate the program and its 
future in the fiscal year 2012 appropriations process.
  ARPA-E has shown some promise in advancing our competitiveness; but 
in the light of the tough tradeoffs we've had to make in this bill--and 
indeed, they've been tough--I can't support further increased funding 
for ARPA-E before we've had a broader discussion of the new program.
  Further, to achieve this bill's historic levels of spending 
reduction, the bill has struck a finely tuned balance of support across 
programs within the Department of Energy. The amendment would reduce 
funding for fossil energy research and development. The program cut by 
the amendment ensures not only that fossil energy which generates 
nearly 70 percent of the Nation's electricity is clean and efficient 
but that it uses technologies invented in America and creates jobs here 
at home. Yet, because reducing spending is our top priority, all 
programs must sacrifice, and the bill cuts fossil energy, research and 
development well below the 2010 mark and 21 percent below fiscal year 
2008.

                              {time}  0010

  Further reductions to fossil energy can be damaging to the program's 
important goals and may lead to excessive job losses. For this reason 
and because further increases to ARPA-E are currently unwarranted, I 
oppose the amendment.
  Mr. INSLEE. Will the gentleman yield for a clarification?
  Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
  Mr. INSLEE. I thank the gentleman.
  The gentleman suggested that our amendment added $50 million. I know 
it was unintentional. We would only ask an additional $20 million. I 
just want to make that clear for the record.
  Mr. FRELINGHUYSEN. The record is corrected, and you are absolutely 
right.
  Mr. INSLEE. I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Washington (Mr. Inslee).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. INSLEE. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Washington 
will be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 1418.  Notwithstanding section 1105, no appropriation, 
     funds, or authority made available pursuant to section 1101 
     for the Department of Energy or Corps of Engineers, Civil, 
     shall be used to initiate or resume any program, project, or 
     activity or to initiate Requests For Proposals or similar 
     arrangements (including Requests for Quotations, Requests for 
     Information, and Funding Opportunity Announcements) for a 
     program, project, or activity if the program, project, or 
     activity has not been funded by Congress, unless prior 
     approval is received from the Committees on Appropriations of 
     the House of Representatives and the Senate.
       Sec. 1419.  No funds made available by this division or any 
     other Act may be used by the Nuclear Regulatory Commission to 
     conduct closure of adjudicatory functions, technical review, 
     or support activities associated with the Yucca Mountain 
     geologic repository license application until the Commission 
     reverses ASLB decision LBP-10-11.
       Sec. 1420.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Appalachian Regional Commission'' 
     shall be $68,400,000.
       Sec. 1421.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Delta Regional Authority'' shall be 
     $11,700,000.
       Sec. 1422.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Denali Commission'' shall be 
     $10,800,000.
       Sec. 1423.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Northern Border Regional Commission'' 
     shall be $0.
       Sec. 1424.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Southeast Crescent Regional 
     Commission'' shall be $0.
       Sec. 1425.  The total principal amount for commitments to 
     guarantee loans for eligible projects (other than nuclear 
     power facilities and front-end nuclear facilities) under the 
     heading ``Department of Energy, Title 17 Innovative 
     Technology Loan Guarantee Authority Loan Program'', in title 
     III of division C of Public Law 111-8, is hereby reduced by 
     $25,000,000,000.
       Sec. 1426.  Of the unobligated balances of funds 
     transferred to ``Department of the Interior, Bureau of 
     Reclamation, Water and Related Resources'' for desert 
     terminal lakes under section 2507 of the Farm Security and 
     Rural Investment Act of 2002 (43 U.S.C. 2211 note), 
     $115,000,000 is rescinded.
       Sec. 1427.  Of the unobligated balances available for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Mississippi River and Tributaries'', $21,000,000 is 
     rescinded, to be derived by cancelling unobligated balances 
     for the Yazoo Basin, Backwater Pump, Mississippi project.
       Sec. 1428.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Investigations'' shall be $104,000,000.
       Sec. 1429.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Construction'' shall be $1,690,000,000.
       Sec. 1430.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Mississippi River and Tributaries'' shall be $239,600,000.
       Sec. 1431.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, 
     Operation and Maintenance'' shall be $2,361,000,000.
       Sec. 1432.  Notwithstanding section 1101, the level for 
     ``Corps of Engineers--Civil, Department of the Army, Formerly 
     Utilized Sites Remedial Action Program'' shall be 
     $130,000,000.
       Sec. 1433.  Notwithstanding section 1101, the level for 
     ``Department of the Interior, Bureau of Reclamation, Water 
     and Related Resources'' shall be $913,500,000.


              Amendment No. 297 Offered by Mr. McClintock

  Mr. McCLINTOCK. 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:

       Page 216, line 19, after the dollar amount, insert 
     ``(reduced by $1,897,000)''.
       Page 359, line 13, after the dollar amount, insert 
     ``(increased by $1,897,000)''.

  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. McCLINTOCK. Mr. Chairman, this is a poster child for I guess what 
could best be described as ``Greens Gone Wild.'' As part of the so-
called Klamath Hydroelectric Settlement Agreement, it is proposed to 
use taxpayer funds to tear down four perfectly good hydroelectric dams 
on the Klamath that are producing 155 megawatts of the cleanest, 
cheapest electricity on the planet--that's enough to power over 150,000 
homes--because, we're told, of catastrophic declines in salmon.
  When I suggested building a salmon hatchery instead, I was informed 
there already is one. It produces 5 million salmon smolt each year, 
17,000 of which return to that river as fully grown adults to spawn, 
but they are deliberately ignored in the population counts. To add 
insult to insanity, as they tear down these dams in the name of saving 
the salmon, they are actually tearing down the fish hatchery that 
actually is saving the salmon.
  This amendment targets the study that is underway to do so. A policy 
that is as manifestly insane as this should not require $2 million of 
additional funding.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, we are prepared to accept the 
gentleman from California's amendment.
  Mr. PASTOR of Arizona. I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. PASTOR of Arizona. I rise in support.
  This amendment simply reduces the water and related resources account 
by $1.9 million. Given the limited nature of the amendment, I do not 
object to the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. McClintock).
  The amendment was agreed to.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 1434. Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Energy Efficiency 
     and Renewable

[[Page H903]]

     Energy'' shall be $1,467,400,000: Provided, That none of the 
     funds made available by this division may be used for the 
     Weatherization Assistance Program authorized under part A of 
     title IV of the Energy Conservation and Production Act (42 
     U.S.C. 6861 et seq.) or the State Energy Program authorized 
     under part D of title III of the Energy Policy and 
     Conservation Act (42 U.S.C. 6321 et seq.).


              Amendment No. 315 Offered by Mr. McClintock

  Mr. McCLINTOCK. 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:

       Page 216, line 23, after the dollar amount, insert 
     ``(reduced by $247,000,000)''.
       Page 359, line 8, after the dollar amount, insert 
     ``(increased by $247,000,000)''.

  The Acting CHAIR. The gentleman from California is recognized for 5 
minutes.
  Mr. McCLINTOCK. Mr. Chairman, this amendment saves $247 million by 
relieving taxpayers of having to subsidize solar energy research and 
development.
  I am tempted to point out that solar power is not a new technology. 
Photovoltaic electricity generation was invented by Edmond Becquerel in 
1836. That was 175 years ago. And in 175 years of continuing research 
and development and technological advancement, we have not yet been 
able to invent a more expensive way of generating electricity. Yet 
we're perfectly comfortable telling our constituents that we're taking 
another $250 million from their families to throw at this 175-year-old 
technology for no particular reason other than it makes us feel good.
  I'm also tempted to point out that not only is this the most 
expensive way that we have ever invented to generate electricity, but 
it also adds nothing--I repeat, nothing--to our baseline power. Our 
electricity systems operate on an integrated grid, meaning that we have 
to constantly match the power going onto the grid with the power coming 
off the grid. And since there is no way to tell when a cloud passing 
over a solar array will immediately drop the output to zero, we have to 
construct an equal amount of reliable conventional power to back up 
that solar power. In other words, for every kilowatt of solar power we 
add to the grid, we also have to pay to add an additional kilowatt of 
backup power.
  But the principal objection I have is this: This technology was truly 
on the verge of a breakthrough. After 175 years, investors would be 
tripping over themselves to get a piece of the action.

                              {time}  0020

  If they are, there's no need to subsidize it. And if they're not, we 
have no right to force American taxpayers to make investments that no 
investor in his right mind would make.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, the continuing resolution before us 
enacts historic spending reductions but it does so by striking a 
careful balance between deficit reduction and other important goals.
  I regret the gentleman's amendment goes far beyond the point of 
balance, and thus, I must oppose it.
  Mr. Chairman, deficit reduction is the bill's top priority, and our 
bill already significantly reduces the Energy Efficiency and Renewable 
Energy Account. As written, our bill cuts that account to 35 percent 
below current levels and 38 percent, or nearly $900 million, below the 
fiscal year 2000 budget request.
  Our bill cuts the excess and provides only enough funding to continue 
past commitments, leaving little room left to cut.
  While I support the intent of the gentleman's amendment, as it aims 
to reduce further spending, we must do so responsibly and with a 
careful balance among deficit reduction, jobs, and our Nation's energy 
security. The gentleman's amendment fails to maintain this balance and 
would, to my mind, create undue job losses which would be considerable 
and irreversibly damage this particular program.
  I yield back the balance of my time.
  Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite 
number of words.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. PASTOR of Arizona. I join the chairman. We need a mix of energy 
to gain energy independence. We cannot just rely on the mix of energy 
we have today, where 70 percent of our energy is generated through coal 
or natural gas.
  Rather than sacrifice our future, we should be looking at methods of 
closing loopholes for the oil and gas industry.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from California (Mr. McClintock).
  The amendment was rejected.


                    Amendment No. 4 Offered by Tonko

  Mr. TONKO. 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:

       Page 216, line 23, through page 217, line 4, strike ``: 
     Provided,'' and all that follows through ``et seq.)''.

  The Acting CHAIR. The gentleman from New York is recognized for 5 
minutes.
  Mr. TONKO. Mr. Chairman, I offer this amendment to section 1434 of 
the Republican spending bill. The section includes language that bans 
funds allocated to energy efficiency and renewable energy from being 
used for the weatherization assistance program or the State Energy 
Program. This rider has nothing to do with reducing funds; it is a 
policy rider. My amount would simply strike that language from this 
bill. This amendment does not add a single dollar to the deficit, the 
continuing resolution, or energy efficiency and renewable energy 
programs. It preserves the Republicans' cuts, though misguided, to 
energy efficiency and renewable energy. It merely states that 
weatherization and state energy programs remain eligible for funds.
  There are many cuts in this bill that we cannot fix for procedural 
reasons. And there are many more that Republicans will oppose for 
political reasons, but this is something we can save. This amendment 
has strong bipartisan appeal. It is about lowering utility bills for 
people on the brink. It is about preserving construction, inspection, 
and renovation jobs. It is about States rights. It has been a harsh and 
unrelenting winter in many parts of America. We should not be leaving 
our friends and our neighbors out in the cold.
  The State Energy Program is a 30-year old program that provides 
resources to states for energy efficiency and renewable energy, and it 
works. I know this because I used to run this program for New York 
State as the President and CEO of the New York State Energy Research 
and Development Authority. For every $1 in funding it yields $7.22 in 
annual energy savings. Each $1 in State Energy Program Federal funds is 
leveraged by $10.71 of state and private funds. States receiving this 
funding are eligible to do energy audits on over 15,000 buildings per 
year, including residential, commercial, and industrial properties. 
They are also able to renovate over 13,000 buildings per year to be 
more energy efficient. Think of it. Energy efficiency as our fuel of 
choice.
  The other program my amendment addresses is the Weatherization 
Assistance Program. Some 38.6 million low-income, elderly, and disabled 
households are eligible for renovations to become more energy efficient 
and to lower their electric bills. Per household, this program creates 
a $437 savings or more in annual utility bills, or about 35 percent off 
of a typical utility bill. In 2010 alone, weatherized homes nationally 
would have saved some $2.1 billion. The weatherization program 
decreases national energy consumption by the equivalent of 24.1 million 
barrels of oil annually. For every $1 invested, weatherization returns 
$2.51 to the household and our society.
  This is an appropriations bill. According to my colleagues across the 
aisle, it is a bill with the sole purpose of reducing the deficit, a 
noble goal. However, the State Energy Program and Weatherization 
Assistance Program rider does not reduce the deficit by 1 cent. It is 
not about funding. It is about restricting programs that work and 
playing politics as usual.
  We should be focused on creating jobs, reducing our dependence on 
foreign oil, and innovating for our future.

[[Page H904]]

My amendment restores our ability to do all three without adding a 
single cent to this bill. I ask for your support of this amendment.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. I rise in opposition to the amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, while the energy efficiency and 
renewable energy program supports research and development important to 
American competitiveness, the program has seen a 30 percent increase 
since the fiscal year 2008 and received $16.8 billion in stimulus 
funding in the Recovery Act. Now is therefore the right time to cut the 
fat and replace indiscriminate spending increases with smart 
prioritization and oversight.
  Two programs within this account, Weatherization Assistance and the 
State Energy Program, do not focus on competitiveness and instead pass 
funding on to state and local governments. These two programs together 
have $4.7 billion in unspent Recovery Act funding and have encountered 
substantial management challenges in the last 2 years. And I may say, 
substantial.
  The bill eliminates funding in fiscal year 2011 for weatherization 
and state energy programs whose unspent Recovery Act funding should 
sustain it through fiscal year 2011. In fact, at current implementation 
rates, which have been incredibly slow, unspent funding would last 
through 2012.
  The amendment ignores these commonsense facts and the imperative to 
reduce spending by moving unneeded funding back into an already bloated 
program. I therefore, oppose the amendment and urge Members to do the 
same.

  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New York (Mr. Tonko).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. TONKO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from New York 
will be postponed.


                 Amendment No. 259 Offered by Mr. Latta

  Mr. LATTA. 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:

       Page 216, line 23, after the dollar amount insert 
     ``(reduced by $70,000,000)''.
         Page 359, line 8, after the dollar amount insert 
     ``(increased by $70,000,000)''.

  The Acting CHAIR. The gentleman from Ohio is recognized for 5 
minutes.
  Mr. LATTA. Mr. Chairman, amendment 259 will cut $70 million from the 
Office of Energy Efficiency and Renewable Energy, which I intend to be 
removed from the FreedomCAR initiative. Currently, H.R. 1 funds the 
Office of Energy Efficiency and Renewable Energy at $1,467,400,000 for 
the remainder of fiscal year 2011.

                              {time}  0030

  This amendment would reduce that amount to $1,397,400,000. This 
office already received $16.8 billion in stimulus funds, and $2.24 
billion was appropriated in fiscal year 2010.
  While citizens across the country are struggling to pay their bills, 
it would be very difficult to justify not being able to cut $70 million 
from this office. With Americans also struggling with higher gasoline 
prices and other fuel costs rising, Congress should focus on 
legislation that allows us to utilize resources we have available to 
drive prices down.
  The free market is the best place for technological innovation. 
Reducing taxes and eliminating burdensome regulations will allow 
private companies to bring new, more fuel-efficient technologies to 
market when it becomes cost effective.
  With a forecasted deficit of $1.6 trillion this year and the national 
debt scheduled to triple in 10 years, I have serious concerns with 
spending more funds on programs that have received massive increases 
from stimulus spending. The President released his budget proposal this 
week which reflects a pattern of record spending and even higher taxes, 
this continued spending of funds that the United States Government does 
not have as we continue to borrow from other nations.
  During the last session of Congress alone, the President signed into 
law over $1.8 trillion in new government spending and over $670 billion 
in new job-damaging tax hikes. My $70 million cut will be a small 
reduction in an overbloated Federal budget.
  I yield back the balance of my time.
  Mr. FRELINGHUYSEN. Mr. Chairman, I rise in opposition to the 
amendment.
  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. FRELINGHUYSEN. Mr. Chairman, the Energy Efficiency and Renewable 
Energy program supports technology, research, and development to keep 
America competitive and ensure our access to domestic energy sources. 
While these are critically important goals, so too is meeting our 
pledge to substantially reduce the Nation's deficit beginning this 
year.
  Our bill cuts energy efficiency and renewable energy 35 percent below 
the current level and 38 percent, or $888 million, below the 
President's fiscal year 2011 budget request.
  The bill limits funding for programs that are still supported by 
unspent Recovery Act dollars. It also eliminates earmarks and slims 
down research programs by more than $500 million while preserving core 
activities supporting American competitiveness in emerging energy 
industries.
  After these cuts, there is simply no more fat to trim. Cutting the 
program would cost excessive job losses and defaults on past 
commitments. While I support the gentleman's efforts to further reduce 
spending, this amendment would go too far beyond the careful balance 
that we have crafted in this bill.
  I and the committee fully intend to exert unprecedented oversight of 
this program. So as we move forward, I would be happy to work with the 
gentleman as we do; however, I must regret that I oppose his amendment.
  I yield back the balance of my time.
  Mr. PASTOR of Arizona. Mr. Chairman, I move to strike the requisite 
number of words.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. PASTOR of Arizona. I join the chairman in opposition to this 
amendment.
  As I stated before, we need a mix of energy to gain energy 
independence. We cannot just rely on the mix of energy that we have 
today, where 70 percent of our energy is generated through coal or 
natural gas.
  Rather than sacrifice our future, we should be looking at methods for 
closing loopholes in the oil and gas industry. I am in opposition to 
the amendment.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Ohio (Mr. Latta).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. LATTA. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Ohio will be 
postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 1435.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Electricity Delivery 
     and Energy Reliability'' shall be $139,000,000.
       Sec. 1436.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Nuclear Energy'' 
     shall be $661,100,000.
       Sec. 1437.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Fossil Energy 
     Research and Development'' shall be $586,600,000.
       Sec. 1438.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Strategic Petroleum 
     Reserve'' shall be $138,900,000.
       Sec. 1439.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Energy Information 
     Administration'' shall be $95,600,000.
       Sec. 1440.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Non-Defense 
     Environmental Cleanup'' shall be $225,200,000.
       Sec. 1441.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Uranium Enrichment 
     Decontamination and Decommissioning Fund'' shall be 
     $513,900,000.
       Sec. 1442.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy

[[Page H905]]

     Programs, Science'' shall be $4,017,700,000: Provided, That 
     of the amount provided by this division for ``Department of 
     Energy, Energy Programs, Science'', not more than 
     $302,000,000 shall be for biological and environmental 
     research authorized under subtitle G of title IX of the 
     Energy Policy Act of 2005 (42 U.S.C. 16311 et seq.).
       Sec. 1443.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Departmental 
     Administration'' shall be $148,900,000.
       Sec. 1444.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Energy Programs, Advanced Technology 
     Vehicles Manufacturing Loan Program'' shall be $9,998,000.
       Sec. 1445.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Weapons 
     Activities'' shall be $6,696,400,000.
       Sec. 1446.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Defense Nuclear 
     Nonproliferation'' shall be $2,085,200,000.
       Sec. 1447.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Naval Reactors'' 
     shall be $967,100,000.
       Sec. 1448.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Atomic Energy Defense Activities, 
     National Nuclear Security Administration, Office of the 
     Administrator'' shall be $407,800,000.
       Sec. 1449.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Environmental and Other Defense 
     Activities, Defense Environmental Cleanup'' shall be 
     $5,016,041,000, of which $33,700,000 shall be transferred to 
     the ``Uranium Enrichment Decontamination and Decommissioning 
     Fund''.
       Sec. 1450.  Notwithstanding section 1101, the level for 
     ``Department of Energy, Environmental and Other Defense 
     Activities, Other Defense Activities'' shall be $773,400,000.
       Sec. 1451.  Of the unobligated balances from prior year 
     appropriations available for ``Corps of Engineers--Civil, 
     Department of the Army, Construction'', $100,000,000 is 
     rescinded.
       Sec. 1452.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Energy Efficiency and Renewable Energy'', 
     $11,200,000 is rescinded.
       Sec. 1453.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Electricity Delivery and Energy Reliability'', 
     $2,400,000 is rescinded.
       Sec. 1454.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Nuclear Energy'', $6,300,000 is rescinded.
       Sec. 1455.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Fossil Energy Research and Development'', 
     $30,600,000 is rescinded.
       Sec. 1456.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Naval Petroleum and Oil Shale Reserves'', 
     $2,100,000 is rescinded.
       Sec. 1457.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Clean Coal Technology'', $18,000,000 is rescinded.
       Sec. 1458.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Strategic Petroleum Reserve'', $15,300,000 is 
     rescinded.
       Sec. 1459.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Energy Information Administration'', $400,000 is 
     rescinded.
       Sec. 1460.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Non-Defense Environmental Cleanup'', $900,000 is 
     rescinded.
       Sec. 1461.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Uranium Enrichment Decontamination and 
     Decommissioning Fund'', $10,000,000 is rescinded.
       Sec. 1462.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Science'', $7,200,000 is rescinded.
       Sec. 1463.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Nuclear Waste Disposal'', $2,800,000 is rescinded.
       Sec. 1464.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Energy 
     Programs, Departmental Administration'', $11,900,000 is 
     rescinded.
       Sec. 1465.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Defense Nuclear Nonproliferation'', 
     $45,500,000 is rescinded.
       Sec. 1466.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Naval Reactors'', $1,200,000 is rescinded.
       Sec. 1467.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, Atomic 
     Energy Defense Activities, National Nuclear Security 
     Administration, Office of the Administrator'', $4,400,000 is 
     rescinded.
       Sec. 1468.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, 
     Environmental and Other Defense Activities, Defense 
     Environmental Cleanup'', $11,900,000 is rescinded.
       Sec. 1469.  Of the unobligated balances from prior year 
     appropriations available for ``Department of Energy, 
     Environmental and Other Defense Activities, Other Defense 
     Activities'', $3,400,000 is rescinded.
       Sec. 1470.  Of the unobligated balances from prior year 
     appropriations available for ``Independent Agencies, Delta 
     Regional Authority'', $6,000,000 is rescinded.
       Sec. 1471.  Of the unobligated balances from prior year 
     appropriations available for ``Independent Agencies, Denali 
     Commission'', $15,000,000 is rescinded.
       Sec. 1472.  Within 30 days of enactment of this division, 
     the Department of Energy; Corps of Engineers, Civil; Nuclear 
     Regulatory Commission; and Bureau of Reclamation shall submit 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate a spending, expenditure, or 
     operating plan for fiscal year 2011 at a level of detail 
     below the account level.
       Sec. 1473.  No rescission made in this title shall apply to 
     any amount previously designated by the Congress as an 
     emergency requirement pursuant to a concurrent resolution on 
     the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 1474.  None of the funds made available by this 
     division or prior appropriation Acts (other than Public Law 
     111-5) for Energy and Water Development may be used to pay 
     the costs of employment (such as pay and benefits), or 
     termination (such as severance pay), of any employee of the 
     Department of Energy who is appointed, employed, or retained 
     under the authority of, or using funds provided by, Public 
     Law 111-5, or whose functions or operations (including 
     programmatic or oversight responsibilities) are substantially 
     or entirely funded under Public Law 111-5.
       Sec. 1475. (a) None of the funds made available by this Act 
     may be used to implement--
       (1) Reasonable and Prudent Action Component 1, Reasonable 
     and Prudent Action Component 2, or Reasonable and Prudent 
     Action Component 3 described in the biological opinion for 
     the operations of the Central Valley Project and the 
     California State Water Project issued by the United States 
     Fish and Wildlife Service and dated December 15, 2008; or
       (2) Reasonable and Prudent Action IV.2.1 or Reasonable and 
     Prudent Action IV.2.3 described in the biological opinion for 
     the operations of the Central Valley Project and the 
     California State Water Project issued by the National Marine 
     Fisheries Service and dated June 4, 2009.
       (b) None of the funds made available by this Act may be 
     used to implement section 10004, 10005, 10006, 10009, or 
     10011 of Public Law 111-11.
  Mr. FRELINGHUYSEN (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 224, line 21 be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from New Jersey?
  There was no objection.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

           TITLE V--FINANCIAL SERVICES AND GENERAL GOVERNMENT

       Sec. 1501.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Departmental Offices, Salaries 
     and Expenses'' shall be $299,888,000, of which $102,613,000 
     shall be for terrorism and financial intelligence activities, 
     and the requirements to transfer funds to the National 
     Academy of Science and the funding designations related to 
     executive direction program activities, economic policies and 
     program activities, financial policies and program 
     activities, Treasury-wide management policies and program 
     activities, and administration program activities shall not 
     apply to funds appropriated by this division.
       Sec. 1502.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Departmental Offices, 
     Department-wide Systems and Capital Investment Programs'' 
     shall be $4,000,000.
       Sec. 1503.  Notwithstanding section 1101, the level for 
     ``Department of Treasury, Office of Inspector General, 
     Salaries and Expenses'' shall be $29,403,000.
       Sec. 1504.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Departmental Offices, Special 
     Inspector General for the Troubled Asset Relief Program, 
     Salaries and Expenses'' shall be $36,300,000.
       Sec. 1505.  Notwithstanding section 1101, the level for 
     ``Department of Treasury, Financial Crimes Enforcement 
     Network, Salaries and Expenses'' shall be $108,927,000.
       Sec. 1506.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Financial Management Service, 
     Salaries and Expenses'' shall be $232,838,000.
       Sec. 1507.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Bureau of the Public Debt, 
     Administering the Public Debt'' shall be $184,658,000.
       Sec. 1508.  Of the unobligated balances available under the 
     heading ``Department of

[[Page H906]]

     the Treasury, Treasury Forfeiture Fund'', $400,000,000 is 
     rescinded.
       Sec. 1509.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Alcohol and Tobacco Tax and 
     Trade Bureau, Salaries and Expenses'' shall be $99,831,000, 
     and the first proviso under such heading shall not apply to 
     funds appropriated by this division.
       Sec. 1510.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Community Development Financial 
     Institutions Fund Program Account'' shall be $50,000,000 for 
     financial assistance, technical assistance, training outreach 
     programs, and administrative expenses, of which not less than 
     $2,500,000 shall be for programs under sections 105 through 
     109 of the Community Development Banking and Financial 
     Institutions Act of 1994 (12 U.S.C. 4704-4708) designed to 
     benefit Native communities; and the requirement to transfer 
     funds to the Capital Magnet Fund and the funding designations 
     for pilot project grants and administration shall not apply 
     to funds appropriated by this division.
       Sec. 1511.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Internal Revenue Service, 
     Taxpayer Services'' shall be $2,187,836,000.
       Sec. 1512.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Internal Revenue Service, 
     Enforcement'' shall be $5,219,016,000.
       Sec. 1513.  Notwithstanding section 1101, the level for 
     ``Department of the Treasury, Internal Revenue Service, 
     Operations Support'' shall be $3,856,894,000, and the funding 
     designations for tax enforcement under such heading shall not 
     apply to funds appropriated by this division.
       Sec. 1514.  Notwithstanding section 1101, and section 101 
     of division C of Public Law 111-117, the Secretary of the 
     Treasury is authorized to transfer up to $83,211,000 of the 
     funds appropriated to the Internal Revenue Service for 
     ``Enforcement'' and ``Operations Support'' to ``Business 
     Systems Modernization'' upon notification and approval of the 
     House and Senate Committees on Appropriations.
       Sec. 1515.  Notwithstanding section 1101, section 105 of 
     division C of Public Law 111-117 shall not apply to funds 
     appropriated by this division.
       Sec. 1516.  None of the funds made available by this 
     division may be used by the Internal Revenue Service to 
     implement or enforce any amendment made to section 6041 of 
     the Internal Revenue Code of 1986 by section 9006 of the 
     Patient Protection and Affordable Care Act (Public Law 111-
     148).
       Sec. 1517. (a) During fiscal year 2011, the Board of 
     Governors of the Federal Reserve may not transfer more than 
     $80,000,000 to the Bureau of Consumer Financial Protection 
     for activities authorized to be carried out by the Bureau 
     under title X of the Dodd-Frank Wall Street Reform and 
     Consumer Protection Act.
       (b) During fiscal year 2011, the Bureau of Consumer 
     Financial Protection may not obligate more than $80,000,000 
     for such activities.
       Sec. 1518.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, The White House, Salaries and Expenses'' shall 
     be $56,186,000.
       Sec. 1519.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Executive Residence at the White House, 
     Operating Expenses'' shall be $13,146,000.
       Sec. 1520.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, White House Repair and Restoration'' shall be 
     $2,005,000.
       Sec. 1521.  Of the unobligated balances available for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of National Drug Control Policy, 
     Counterdrug Technology Assessment Center'', $5,000,000 is 
     rescinded.
       Sec. 1522.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Council of Economic Advisors, Salaries and 
     Expenses'' shall be $3,990,000.
       Sec. 1523.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, National Security Council, Salaries and 
     Expenses'' shall be $11,619,000.
       Sec. 1524.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of Administration, Salaries and 
     Expenses'' shall be $109,516,000.
       Sec. 1525.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of Management and Budget, Salaries and 
     Expenses'' shall be $88,220,000.
       Sec. 1526.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of National Drug Control Policy, 
     Salaries and Expenses'' shall be $24,886,000.
       Sec. 1527.  Of the unobligated balances available for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of National Drug Control Policy, 
     Salaries and Expenses'' for policy research and evaluation, 
     $2,000,000 is rescinded.
       Sec. 1528.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of National Drug Control Policy, 
     Counterdrug Technology Assessment Center'' shall be $0.
       Sec. 1529.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     President, Unanticipated Needs'' shall be $0.
       Sec. 1530.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Partnership Fund for Program Integrity 
     Innovation'' shall be $0.
       Sec. 1531.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Special Assistance to the President, Salaries 
     and Expenses'' shall be $4,374,000.
       Sec. 1532.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Official Residence of the Vice President, 
     Operating Expenses'' shall be $314,000.
       Sec. 1533.  Of the unobligated balances available for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Partnership Fund for Program Integrity 
     Innovation'', $10,000,000 is rescinded.
       Sec. 1534.  Notwithstanding section 1101, the level for 
     ``Executive Office of the President and Funds Appropriated to 
     the President, Office of National Drug Control Policy, Other 
     Federal Drug Control Programs'' shall be $96,425,000, of 
     which $85,500,000 shall be for the Drug-Free Communities 
     Program; $9,025,000 shall be for anti-doping activities; and 
     the matter related to a national media campaign, the National 
     Drug Court Institute, the United States Anti-Doping Agency, 
     Model State Drug Laws and performance measures shall not 
     apply to the funds appropriated by this division.
       Sec. 1535.  Notwithstanding section 1101, none of the funds 
     appropriated by this division under heading ``Executive 
     Office of the President and Funds Appropriated to the 
     President'' shall be for an Assistant to the President for 
     Energy and Climate Change, or any substantially similar 
     position.
       Sec. 1536.  Notwithstanding section 1101, none of the funds 
     appropriated by this division under the heading ``Executive 
     Office of the President and Funds Appropriated to the 
     President'' shall be for the Director of the Office of Health 
     Care Reform, or any substantially similar position.
       Sec. 1537.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Supreme Court of the United States, Care of 
     the Building and Grounds'' shall be $8,175,000.
       Sec. 1538.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Courts of Appeals, District Courts, and 
     Other Judicial Services, Salaries and Expenses'' shall be 
     $4,860,585,000.
       Sec. 1539.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'' 
     shall be $52,410,000.
       Sec. 1540.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Administrative Office of the United States 
     Courts, Salaries and Expenses'' shall be $82,575,000.
       Sec. 1541.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Federal Judicial Center, Salaries and 
     Expenses'' shall be $27,078,000.
       Sec. 1542.  Notwithstanding section 1101, the level for 
     ``The Judiciary, United States Sentencing Commission, 
     Salaries and Expenses'' shall be $16,737,000.
       Sec. 1543.  Notwithstanding section 1101, the level for 
     ``The Judiciary, Courts of Appeals, District Courts, and 
     Other Judicial Services, Court Security'' shall be 
     $467,607,000.
       Sec. 1544.  The amount included in the second paragraph 
     under the heading ``The Judiciary, Courts of Appeals, 
     District Courts, and Other Judicial Services, Salaries and 
     Expenses'' in division C of Public Law 111-117 shall be 
     applied to funds appropriated by this division by 
     substituting ``$4,785,000'' for ``$5,428,000''.
       Sec. 1545.  Of the unobligated balances available for ``The 
     Judiciary, United States Sentencing Commission, Salaries and 
     Expenses'', $100,000 is rescinded.
       Sec. 1546.  Section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 28 U.S.C. 133 note) is amended 
     in the third sentence (relating to the District of Kansas) by 
     striking ``19 years'' and inserting ``20 years''.
       Sec. 1547.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment to the 
     District of Columbia Courts'' shall be $235,660,000, of which 
     $50,000,000 shall be for capital improvements.
       Sec. 1548. (a) Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment for 
     School Improvement'' shall be $60,000,000, of which 
     $24,500,000 shall be for the District of Columbia Public 
     Schools, $20,000,000 shall be to expand quality public 
     charter schools, and $15,500,000 shall be for opportunity 
     scholarships, and the second reference to ``$1,000,000'' 
     under such heading shall be applied to funds appropriated by 
     this division by substituting ``$0''.
       (b) The authority and conditions provided in the District 
     of Columbia Appropriations Act, 2010 (Public Law 111-117; 123 
     Stat. 3181) under the heading described in subsection (a) 
     shall apply with respect to the funds made available under 
     this division, with the following modifications:
       (1) The first proviso under such heading shall not apply.
       (2) Notwithstanding the second proviso under such heading, 
     the funds may be made available for scholarships to students, 
     without regard to whether any student received a scholarship 
     in any prior school year.
       (3) The fourth proviso under such heading shall not apply.

[[Page H907]]

       (4) Notwithstanding the fifth proviso under such heading, 
     the Secretary of Education shall ensure that site inspections 
     of participating schools are conducted annually.
       Sec. 1549.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment to the 
     District of Columbia Water and Sewer Authority'' shall be 
     $10,000,000.
       Sec. 1550.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment to the 
     Criminal Justice Coordinating Council'' shall be $1,800,000.
       Sec. 1551.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment to the 
     Office of the Chief Financial Officer for the District of 
     Columbia'' shall be $0.
       Sec. 1552.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment for 
     Consolidated Laboratory Facility'' shall be $0.
       Sec. 1553.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment for 
     Housing for the Homeless'' shall be $10,000,000.
       Sec. 1554.  Notwithstanding section 1101, the level for 
     ``District of Columbia, Federal Funds, Federal Payment for 
     Youth Services'' shall be $0.
       Sec. 1555.  Notwithstanding any other provision of this 
     division, except section 1106, the District of Columbia may 
     expend local funds for programs and activities under the 
     heading ``District of Columbia Funds'' for such programs and 
     activities under title IV of S. 3677 (111th Congress), as 
     reported by the Committee on Appropriations of the Senate, at 
     the rate set forth under ``District of Columbia Funds'' as 
     included in the Fiscal Year 2011 Budget Request Act (D.C. Act 
     18-448), as modified as of the date of the enactment of this 
     division.
       Sec. 1556.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Christopher Columbus Fellowship 
     Foundation, Salaries and Expenses'' shall be $500,000.
       Sec. 1557.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Election Assistance Commission, 
     Election Reform Programs'' shall be $0.
       Sec. 1558.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, General Service Administration, 
     General Activities, Government-Wide Policy'' shall be 
     $59,068,000.
       Sec. 1559.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Federal Deposit Insurance 
     Corporation, Office of the Inspector General'' shall be 
     $42,942,000.
       Sec. 1560.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Federal Labor Relations Authority, 
     Salaries and Expenses'' shall be $24,500,000.
       Sec. 1561.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, General Services Administration, 
     Electronic Government Fund'' shall be $2,000,000.
       Sec. 1562.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, General Services Administration, 
     Federal Citizen Services Fund'' shall be $34,689,000.
       Sec. 1563.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Federal Election Commission, Salaries 
     and Expenses'' shall be $65,835,000.
       Sec. 1564.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Federal Trade Commission, Salaries 
     and Expenses'' shall be $288,783,000.
       Sec. 1565.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Morris K. Udall and Stewart Udall 
     Foundation, Morris K. Udall and Stewart Udall Trust Fund'' 
     shall be $1,000,000.
       Sec. 1566.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, National Credit Union Administration, 
     Community Development Revolving Loan Fund'' shall be 
     $500,000.
       Sec. 1567.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Privacy and Civil Liberties Oversight 
     Board, Salaries and Expenses'' shall be $100,000.
       Sec. 1568.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Consumer Product Safety Commission, 
     Salaries and Expenses'' shall be $115,018,000, of which 
     $500,000 shall be for the Virginia Graeme Baker Pool and Spa 
     Safety Act grant program.
       Sec. 1569.  Of the unobligated balances available under the 
     heading ``Independent Agencies, Consumer Product Safety 
     Commission, Salaries and Expenses'' for the Virginia Graeme 
     Baker Pool and Spa Safety Act grant program, $2,000,000 is 
     rescinded.
       Sec. 1570.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Election Assistance Commission, 
     Salaries and Expenses'' shall be $15,020,000, of which 
     $2,345,000 shall be transferred to the National Institute of 
     Standards and Technology for election reform activities 
     authorized under the Help America Vote Act of 2002 (Public 
     Law 107-252), the level under such heading for the Help 
     America Vote College Program shall be $0, and the level under 
     such heading for a competitive grant program to support 
     community involvement in student and parent mock elections 
     shall be $0.
       Sec. 1571.  Of the unobligated balances available for 
     ``Independent Agencies, Election Assistance Commission, 
     Election Reform Programs'', $5,000,000 is rescinded.
       Sec. 1572.  Notwithstanding section 1101, the aggregate 
     amount of new obligational authority provided under the 
     heading ``Independent Agencies, General Services 
     Administration, Real Property Activities, Federal Buildings 
     Fund, Limitations on Availability of Revenue'' for Federal 
     buildings and courthouses and other purposes of the Fund 
     shall be $7,428,007,000, of which (1) $0 is for 
     ``Construction and Acquisition''; and (2) $280,000,000 is for 
     ``Repairs and Alterations'', of which $260,000,000 is for 
     basic repairs and alterations and $20,000,000 is for fire and 
     life safety programs.
       Sec. 1573.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, General Services Administration, 
     General Activities, Operating Expenses'' shall be $71,381,000 
     and matters pertaining to the amount of $1,000,000 shall not 
     apply to funds appropriated by this division.
       Sec. 1574.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, National Archives and Records 
     Administration, Operating Expenses'' shall be $336,372,000.
       Sec. 1575.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, National Archives and Records 
     Administration, Electronic Records Archives'' shall be 
     $72,000,000, of which $52,500,000 shall remain available 
     until September 30, 2013.
       Sec. 1576.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, National Archives and Records 
     Administration, Repairs and Restoration'' shall be 
     $11,730,000.
       Sec. 1577.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, National Archives and Records 
     Administration, National Historical Publications and Records 
     Commission, Grants Program'' shall be $4,000,000.
       Sec. 1578.  Of the unobligated balances available under the 
     heading ``Independent Agencies, National Archives and Records 
     Administration, Repairs and Restoration'' $3,198,000 is 
     rescinded, which shall be derived from amounts made available 
     for a new regional archives and records facility in 
     Anchorage, Alaska.
       Sec. 1579.  The amounts included under the heading 
     ``Independent Agencies, Merit Systems Protection Board, 
     Salaries and Expenses'' in division C of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     substituting ``$39,000,000'' for ``$40,339,000''.
       Sec. 1580.  The amounts included under the heading 
     ``Independent Agencies, Office of Personnel Management, 
     Salaries and Expenses'' in division C of Public Law 111-117 
     shall be applied to funds appropriated by this division as 
     follows:
       (1) By substituting ``$101,270,000'' for ``$102,970,000''.
       (2) By substituting ``$111,038,000'' for ``$112,738,000''.
       Sec. 1581.  The amounts included under the heading 
     ``Independent Agencies, Office of Personnel Management, 
     Office of Inspector General'' in division C of Public Law 
     111-117 shall be applied to funds appropriated by this 
     division as follows:
       (1) By substituting ``$2,136,000'' for ``$3,148,000''.
       (2) By substituting ``20,428,000'' for ``21,215,000''.
       Sec. 1582.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Office of Special Counsel, Salaries 
     and Expenses'' shall be $18,300,000.
       Sec. 1583.  Of the unobligated balances available for 
     ``Independent Agencies, Privacy and Civil Liberties Oversight 
     Board, Salaries and Expenses'', $1,500,000 is rescinded.
       Sec. 1584.  Notwithstanding section 1101, the level 
     provided under section 523 of division C of Public Law 111-
     117 shall be $0.
       Sec. 1585.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Small Business Administration, 
     Salaries and Expenses'' shall be $408,438,000.
       Sec. 1586.  The amounts included under the heading 
     ``Independent Agencies, United States Postal Service, Payment 
     to the Postal Service Fund'' in division C of Public Law 111-
     117 shall be applied to funds appropriated by this division 
     as follows:
       (1) By substituting ``$103,905,000'' for ``$118,328,000''.
       (2) By substituting ``$74,905,000'' for ``$89,328,000''.
       (3) By substituting ``2011'' for ``2010''.
       Sec. 1587.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, Securities and Exchange Commission, 
     Salaries and Expenses'' shall be $1,069,916,000 and the 
     proviso pertaining to prior year unobligated balances shall 
     not apply to funds appropriated by this division.

  Mrs. EMERSON (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 243, line 4 be 
considered as read, printed in the Record, and open to amendment at any 
point.
  The Acting CHAIR. Is there objection to the request of the 
gentlewoman from Missouri?
  There was no objection.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1588. Notwithstanding section 1101, the level for 
     ``Independent Agencies, Selective Service System, Salaries 
     and Expenses'' shall be $24,032,000.

                              {time}  0040


                Amendment No. 98 Offered by Mr. DeFazio

  Mr. DeFAZIO. 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:


[[Page H908]]


       Page 243, line 7, after the dollar amount, insert 
     ``(reduced by $24,032,000)''.
       Page 359, line 10, after the dollar amount, insert 
     ``(increased by $24,032,000)''.

  The Acting CHAIR. The gentleman from Oregon is recognized for 5 
minutes.
  Mr. DeFAZIO. I had hoped to be joined by Dr. Paul, who is a coauthor 
of this amendment. Unfortunately given the very late hour, I'm not 
certain he'll make it. However, we're talking tonight about making 
cuts. We've heard in the earlier debate of programs that actually have 
constituencies, actually serve Americans: The COPS program which puts 
officers on the beat and helps with drug interdiction, drug prevention; 
the LIHEAP program providing financial assistance to families who can't 
afford to heat their homes. The list is long. But there are a few 
programs in the government which have no constituency and no purpose, 
and this is one of them. And somehow it escaped the knife, which I 
assume was just an oversight. So I'm hoping to persuade the committee 
to adopt this amendment. This is the expenditures for the Selective 
Service System of the United States of America, i.e., the draft boards. 
That is, if we believe that at some time in the future that the United 
States of America is going to reimpose the draft, then one might want 
to maintain this bureaucracy in deep standby. On the other hand, it 
might not, because the few times that this agency has attempted to test 
its capabilities with its obsolete computer systems, which could be 
surpassed by anything available publicly on the Internet, they showed 
that they couldn't have conducted a legal draft. And even if they could 
have conducted a legal draft, we no longer have a surge capacity at our 
training bases so we would be drafting people for no purpose. Beyond 
that, I don't think there are many in this House who believe that we 
are going to go back to having a draft. The Pentagon doesn't want to go 
back to a draft. The Pentagon has said time and time and time again 
they believe in an all-volunteer military; the all-volunteer military 
is superior to forced enlistment, as in the years of the draft. We're a 
higher quality, we're using significant incentives to get people to 
enlist in the military, and we have the best military in the world as a 
result.
  So why would we maintain this bureaucracy? Here's what they spent $25 
million on, or intend to, this year. It will be used for expenses of 
attendance at meetings. For purchase of uniforms. Now beyond me, I'm 
not certain what the uniforms are. I served actually on a draft board 
once and we didn't have uniforms. I don't know. I guess now we've got 
uniforms for people who are going to go sit somewhere and hear claims, 
if we ever reimpose the draft. I really don't know who they're 
purchasing uniforms for or what the purpose might be or what a 
Selective Service member's uniform might look like. They also will hire 
passenger motor vehicles and for official reception and representation 
expenses--all for a dead bureaucracy that does nothing and never will 
do anything.
  Now, colleagues, truly if we are serious here, if we are in a crisis 
and we're going to cut programs that actually have large 
constituencies; my phone's been ringing off the hook about public 
broadcasting. Other people are hearing about other programs. Here's one 
where you're not going to get a single call except maybe a thank-you if 
you eliminate this useless bureaucracy that will never be activated for 
any purpose, foreseeable, in the future.
  Colleagues, we have twice actually in the House voted to end the 
Selective Service System: in 1993 when Democrats were in control and in 
1999 when the Republicans were in control. Unfortunately, the 
termination of the program never became law. Now is the time. Now is 
the time. I'm just dedicating the money to deficit reduction. It could 
be used to restore some meritorious spending elsewhere within this 
title by somebody else.
  With that, I would yield back the balance of my time and urge my 
colleagues to end this useless bureaucracy.
  Mrs. EMERSON. Mr. Chairman, I rise in opposition to this amendment.
  The Acting CHAIR. The gentlewoman from Missouri is recognized for 5 
minutes.
  Mrs. EMERSON. Thank you, Mr. Chairman.
  While most would hope that we would never need to use the draft 
again, I think this agency is an important insurance policy against 
unforeseen threats. If we eliminate the Selective Service System, it 
would take us over a year to draft men into military service, whereas 
now it would take 90 to 120 days. And in any kind of an emergency, 
wartime situation, this could be disastrous. Further, we're almost 6 
months into the budget year and the Selective Service has already spent 
money on salaries and expenses, so we really can't take all of their 
money away. This is a small agency with the potential to avert a 
crisis, should the draft ever be reinstated.
  I urge a ``no'' vote on this amendment.
  I yield back the balance of my time.
  Mr. DICKS. Mr. Chairman, I move to strike the requisite number of 
words, in opposition to this amendment.
  The Acting CHAIR. The gentleman from Washington is recognized for 5 
minutes.
  Mr. DICKS. The Selective Service is a readiness issue. If we don't 
have the process all set up, it would take 2 years to restore it. And 
if we're in a national emergency--that's why we put the Selective 
Service thing in place--because if we were in a national emergency and 
we had to get more people and we couldn't do it through the all-
volunteer force, we have to have a way to do it.
  And so we put this in place several years ago. It was very bipartisan 
at the time. I can understand the gentleman's skepticism, but this is 
the first we've heard of this. I think it would be better for the 
committee to look at this and maybe have a hearing on this and then we 
can address it again in the 2012 bill.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from Oregon (Mr. DeFazio).
  The question was taken; and the Acting Chair announced that the noes 
appeared to have it.
  Mr. DeFAZIO. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by the gentleman from Oregon will 
be postponed.
  The Clerk will read.
  The Clerk read as follows:

       Sec. 1589.  Notwithstanding section 1101, the level for 
     ``Independent Agencies, United States Tax Court, Salaries and 
     Expenses'' shall be $52,093,000, of which $2,852,000 shall be 
     for security improvements.
       Sec. 1590.  Section 814 of division C of Public Law 111-117 
     shall be applied to funds appropriated by this division by 
     striking ``Federal''.
       Sec. 1591. (a) Notwithstanding section 1101, and section 
     810 of division C of Public Law 111-117, none of the funds 
     contained in this division may be used for any program of 
     distributing sterile needles or syringes for the hypodermic 
     injection of any illegal drug.
       (b) Any individual or entity who receives any funds 
     contained in this division and who carries out any program 
     described in subsection (a) shall account for all funds used 
     for such program separately from any funds contained in this 
     division.

                      TITLE VI--HOMELAND SECURITY

       Sec. 1601.  Within 30 days after the date of enactment of 
     this division, the Department of Homeland Security shall 
     submit to the Committees on Appropriations of the Senate and 
     the House of Representatives an expenditure plan for fiscal 
     year 2011 that displays the level of funding by program, 
     project, and activity consistent with the table of detailed 
     funding recommendations contained at the end of the joint 
     explanatory statement accompanying the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83).
       Sec. 1602.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Secretary 
     and Executive Management'' shall be $136,818,000.
       Sec. 1603.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Under 
     Secretary for Management'' shall be $239,933,000.
       Sec. 1604.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Chief 
     Information Officer'' shall be $333,393,000, of which not 
     less than $77,788,000 shall be available for data center 
     development and migration.
       Sec. 1605.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of the Federal 
     Coordinator for Gulf Coast Rebuilding'' shall be $0.
       Sec. 1606.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Salaries and Expenses'' shall be $8,212,626,000: 
     Provided, That for fiscal year 2011, the Border Patrol shall 
     maintain an active duty presence of not fewer than 20,500 
     full-time equivalent agents throughout the fiscal year.
       Sec. 1607.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection,

[[Page H909]]

     Automation Modernization'' shall be $341,575,000, of which 
     $153,090,000 shall be for the Automated Commercial 
     Environment.
       Sec. 1608. (a) Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Border Security Fencing, Infrastructure, and 
     Technology'' shall be $450,000,000.
       (b) Paragraph (11) of the first proviso and the third and 
     fourth provisos under the heading ``Border Security Fencing, 
     Infrastructure, and Technology'' of Public Law 111-83 shall 
     not apply to funds appropriated by this division.
       Sec. 1609.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Air and Marine Interdiction, Operations, 
     Maintenance, and Procurement'' shall be $516,326,000.
       Sec. 1610.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Construction and Facilities Management'' shall be 
     $241,040,000.
       Sec. 1611.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Salaries and Expenses'' shall be 
     $5,399,894,000: Provided, That U.S. Immigration and Customs 
     Enforcement shall maintain a level of not fewer than 33,400 
     detention beds throughout fiscal year 2011.
       Sec. 1612.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Automation Modernization'' shall be 
     $75,000,000.
       Sec. 1613.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, U.S. Immigration and 
     Customs Enforcement, Construction'' shall be $0.
       Sec. 1614.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Aviation Security'' shall be $5,113,796,000: 
     Provided, That the amounts included under such heading in 
     Public Law 111-83 shall be applied to funds appropriated by 
     this division as follows: by substituting ``$5,113,796,000'' 
     for ``$5,214,040,000''; by substituting ``$4,121,329,000'' 
     for ``$4,358,076,000''; by substituting ``$607,891,000'' for 
     ``$1,116,406,000''; by substituting ``$992,467,000'' for 
     ``$855,964,000''; by substituting ``$291,266,000'' for 
     ``$778,300,000''; by substituting ``9 percent'' for ``28 
     percent''; and by substituting ``$3,013,796,000'' for 
     ``$3,114,040,000'': Provided further, That none of the funds 
     in this division may be used for any recruiting or hiring of 
     personnel into the Transportation Security Administration 
     that would cause the agency to exceed a staffing level of 
     46,000 full-time equivalent screeners: Provided further, That 
     not later than August 15, 2011, the Secretary of Homeland 
     Security shall submit a detailed report on (1) the 
     Department's efforts and the resources being devoted to 
     develop more advanced, integrated passenger screening 
     technologies for the most effective security of passengers 
     and baggage at the lowest possible operating and acquisition 
     costs, and (2) how the Transportation Security Administration 
     is deploying its existing screener workforce in the most 
     cost-effective manner.
       Sec. 1615.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Surface Transportation Security'' shall be 
     $105,961,000.
       Sec. 1616.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Transportation Threat Assessment and 
     Credentialing'' shall be $162,999,000.
       Sec. 1617.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Transportation Security Support'' shall be 
     $988,638,000: Provided, That within ``Department of Homeland 
     Security, Transportation Security Administration, 
     Transportation Security Support'', funding for intelligence 
     and international programs shall be no less than the level 
     provided for such purposes for fiscal year 2010: Provided 
     further, That within ``Department of Homeland Security, 
     Transportation Security Administration, Transportation 
     Security Support'', funding for headquarters administration 
     and information technology shall not exceed $705,239,000.
       Sec. 1618.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Transportation Security 
     Administration, Federal Air Marshals'' shall be $934,802,000.
       Sec. 1619.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Operating 
     Expenses'' shall be $6,885,432,000 of which $241,503,000 is 
     designated as being for contingency operations directly 
     related to the global war on terrorism pursuant to section 
     3(c)(2) of H. Res. 5 (112th Congress), and as an emergency 
     requirement pursuant to section 403(a) of S. Con. Res. 13 
     (111th Congress): Provided, That the Coast Guard may 
     decommission one Medium Endurance Cutter, two High Endurance 
     Cutters, four HU-25 aircraft, and one Maritime Safety and 
     Security Team, and may make necessary staffing adjustments at 
     the Coast Guard Investigative Service and other support 
     units, as specified in the budget justification materials for 
     fiscal year 2011 as submitted to the Committees on 
     Appropriations of the Senate and House of Representatives: 
     Provided further, That the Coast Guard shall submit a future-
     years capital investment plan, as specified in the Department 
     of Homeland Security Appropriations Act, 2010 (Public Law 
     111-83), for fiscal years 2012 through 2016 to the Committees 
     on Appropriations of the Senate and House of Representatives 
     in conjunction with the budget justification materials for 
     fiscal year 2012.
       Sec. 1620.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Acquisition, 
     Construction, and Improvements'' shall be $1,427,783,000, of 
     which $42,000,000 shall be for vessels, small boats, critical 
     infrastructure, and related equipment; of which $36,000,000 
     shall be for other equipment; of which $49,200,000 shall be 
     for shore facilities and aids to navigation facilities; of 
     which $106,083,000 shall be available for personnel 
     compensation and benefits and related costs; and of which 
     $1,194,500,000 shall be for the Integrated Deepwater Systems 
     program: Provided, That of the funds made available for the 
     Integrated Deepwater Systems program, $101,000,000 is for 
     aircraft and $938,000,000 is for surface ships.
       Sec. 1621.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Coast Guard, Alteration of 
     Bridges'' shall be $0.
       Sec. 1622.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, United States Secret 
     Service, Salaries and Expenses'' shall be $1,499,669,000.
       Sec. 1623.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, Management and Administration'' shall 
     be $43,577,000.
       Sec. 1624.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security'' shall be $805,965,000.
       Sec. 1625.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, United States Visitor and Immigrant 
     Status Indicator Technology'' shall be $334,613,000.
       Sec. 1626.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Office of Health Affairs'' 
     shall be $134,250,000.
       Sec. 1627.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Management and Administration'' shall be 
     $773,350,000, of which $0 shall be for capital improvements 
     at the Mount Weather Emergency Operations Center.
       Sec. 1628.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, State and Local Programs'' shall be 
     $2,149,500,000: Provided, That of the amount provided by this 
     division for the State Homeland Security Grant Program under 
     such heading, $50,000,000 shall be for the Driver's License 
     Security Grant Program and $10,000,000 shall be for the 
     Citizen Corps Program: Provided further, That the amounts 
     provided by this division for the Citizen Corps Program under 
     such heading shall not be subject to the requirements of 
     subtitle A of title XX of the Homeland Security Act of 2002 
     (6 U.S.C. 603 et seq.): Provided further, That the amounts 
     included under such heading in Public Law 111-83 shall be 
     applied to funds appropriated by this division as follows: in 
     paragraph (1), by substituting ``$900,000,000'' for 
     ``$950,000,000''; in paragraph (2), by substituting 
     ``$800,000,000'' for ``$887,000,000''; in paragraph (3), by 
     substituting ``$0'' for ``$35,000,000''; in paragraph (5), by 
     substituting ``$0'' for ``$13,000,000''; in paragraph (6), by 
     substituting ``$100,000,000'' for ``$300,000,000''; in 
     paragraph (7), by substituting ``$100,000,000'' for 
     ``$300,000,000''; in paragraph (8), by substituting 
     ``$5,000,000'' for ``$12,000,000''; in paragraph (9), by 
     substituting ``$0'' for ``$50,000,000''; in paragraph (10), 
     by substituting ``$0'' for ``$50,000,000''; in paragraph 
     (11), by substituting ``$0'' for ``$50,000,000''; in 
     paragraph (12), by substituting ``$0'' for each amount in 
     such paragraph; in paragraph (13), by substituting 
     ``$203,500,000'' for ``$267,200,000''; in paragraph (13)(A), 
     by substituting ``$112,500,000'' for ``$164,500,000''; in 
     paragraph (13)(B), by substituting ``$0'' for ``$1,700,000''; 
     and in paragraph (13)(C), by substituting ``$0'' for 
     ``$3,000,000'': Provided further, That 4.5 percent of the 
     amount provided for ``Department of Homeland Security, 
     Federal Emergency Management Agency, State and Local 
     Programs'' by this division shall be transferred to 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Management and Administration'' for 
     program administration.

                              {time}  0050

  Mr. ADERHOLT (during the reading). Mr. Chairman, I ask unanimous 
consent that the remainder of the bill through page 253, line 6 be 
considered as read, printed in the Record and open to amendment at any 
point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Alabama?
  There was no objection.
  The Acting CHAIR. The Clerk will read.
  The Clerk read as follows:

       Sec. 1629. Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Firefighter Assistance Grants'' for 
     programs authorized by the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2201 et seq.), shall be 
     $300,000,000, of which

[[Page H910]]

     $30,000,000 shall be available to carry out section 33 of 
     that Act (15 U.S.C. 2229) and $0 shall be available to carry 
     out section 34 of that Act (15 U.S.C. 2229a).


               Amendment No. 223 Offered by Mr. Pascrell

  Mr. PASCRELL. Mr. Chairman, I offer an amendment.
  The Acting CHAIR. The Clerk will designate the amendment.
  The text of the amendment is as follows:

       Page 253, line 12, after the first dollar amount, insert 
     ``(increased by $510,000,000)''.
       Page 253, line 12, after the second dollar amount, insert 
     ``(increased by $90,000,000)''.
       Page 253, line 14, after the dollar amount, insert 
     ``(increased by $420,000,000)''.
       Page 255, line 21, after the dollar amount, insert 
     ``(reduced by $510,000,000)''.

  The Acting CHAIR. The gentleman from New Jersey is recognized for 5 
minutes.
  Mr. PASCRELL. Mr. Chairman, as a former mayor, I have always believed 
that our Nation's first responders constitute both our first and our 
last line of defense for the American people. This continuing 
resolution before us today fails our first responders. Regrettably, we 
are treating these public safety officers as being non-security, 
discretionary spending and have subjected them to drastic cuts.
  Real homeland security starts on our streets. We all remember on 9/11 
when we were attacked on our own soil. It was our brave cops and 
firefighters who ran into the burning buildings. The Federal Government 
was not there. To say that funding our cops and firefighters is not 
national security spending is ludicrous. Our brave local police 
officers and firefighters who protect our streets day and night are the 
very essence of our national security.
  Earlier in the process we debated the COPS Program. An amendment 
tonight restores critical funding for its counterpart, the FIRE Act and 
the SAFER Grant programs. The continuing resolution significantly 
reduces funding for the FIRE Act and eliminates all funding for SAFER 
grants, over $510 million in cuts in total. This would absolutely be 
devastating for our public safety professionals who rely on this 
funding for the equipment and personnel they need to protect our 
communities.
  The FIRE and SAFER grants help local fire departments equip, train 
and maintain their personnel, preparing them to respond to all forms of 
an emergency. And things changed, didn't they, after 9/11? An 
independent evaluation of the FIRE program published by the U.S. Fire 
Administration concluded that it was highly effective in improving the 
readiness and capabilities of firefighters across the Nation.
  I may add, Mr. Chairman, that the FIRE programs and the COPS programs 
are among the highest efficiency and most effective programs run by the 
Federal Government. The money goes directly to the communities, so 
States can't skim off the top. They are effective and they are 
competitive, and no one has challenged that in 10 years.
  SAFER has been critical to many local departments who, as a result of 
recent economic downturns, have been forced to cut personnel and 
services.
  What effect would cuts to these programs have? Let's go to the real 
world and not the video.
  Bethesda Volunteer Fire Department in Coleman, Alabama, they used the 
FIRE grant to purchase personnel protective equipment which now allows 
them to enter a burning structure to search for victims and to 
extinguish the fires. Previously, the department did not have the 
proper equipment to do this. Today they have greatly reduced the amount 
of total-loss structures in their region.
  North County Fire Protection District in Holbrooke, California, they 
were able to purchase emergency backup power generators. During the 
2007 San Diego firestorms, power failed throughout the community early 
on the first day and was not completely restored in the community for 2 
weeks. The emergency power generators they purchased with their FIRE 
grant allowed them to keep all of the facilities fully functional.
  Before the Belle Chasse Volunteer Fire Department in Belle Chasse, 
Louisiana, received a SAFER grant in 2008, the department could not 
comply with the National Fire Protection Association standards. There 
is such a thing. Before we cut something, we should know what the 
alternatives are. Its initial alarm assignment capability was only 20 
percent in that time. That insufficient level of service put the 
communities and the volunteer firefighters at considerable risk for 
injury or even the loss of life.
  Thanks to a SAFER grant, the department was able to hire 45 
firefighters, increase the rate of compliance, and it is now estimated 
that the compliance is 90 percent and they have increased their initial 
alarm dispatch with three more engine companies.
  The Acting CHAIR. The time of the gentleman has expired.
  (By unanimous consent, Mr. Pascrell was allowed to proceed for 1 
additional minute.)
  Mr. PASCRELL. Together, FIRE and SAFER grants have provided over $7 
billion in firefighter jobs, equipment and training for local fire 
departments. It is serious business. We are talking life and limb, and 
we are talking about property here. To me, cutting these critical 
programs is wrong, especially when local fire department budgets are 
already strained. We are facing it in all of our districts. You know 
that.
  My amendment restores the funding for FIRE and SAFER to their fiscal 
2010 amounts: $390 million for FIRE, $420 million for SAFER. Because of 
the rule, we are forced to reluctantly take funding from DHS Science 
and Technology. If this amendment passes, I hope we can restore some of 
the funding during conference.
  I hope that both sides will come together on this. It has bipartisan 
support. We need to protect our firefighters.
  I yield back the balance of my time.
  Mr. ADERHOLT. Mr. Chairman, I rise in opposition to this amendment.
  The Acting CHAIR. The gentleman from Alabama is recognized for 5 
minutes.
  Mr. ADERHOLT. Mr. Chairman, this CR strikes the right balance between 
funding priority programs that are essential to our Nation's security 
and keeping our discretionary spending in check. Let me just say that 
$300 million is included in this CR for fire equipment, and this only 
applies to the SAFER grants. As has been stated, there are no funds in 
the bill for SAFER grants.
  Just 5 years ago, this program was funded at $65 million, but last 
year it had ballooned to $420 million and included a waiver for the 
cost-share requirements with local governments. In 2009, Congress 
provided $210 million for the SAFER grants, supporting 1,236 jobs at 
the high cost of $170,000 per job.
  In the just-released FY12 request, the Department of Homeland 
Security plans to create or retain 2,200 firefighters at a cost of 
$190,000 per job. This seems unrealistic at a time when our Nation 
faces serious fiscal constraints. While we all know local budgets are 
under fiscal pressures, the hiring of local firefighters at a cost of 
$190,000 per job should not be borne by the Federal Government. These 
cuts will not be easy, but they are long overdue and necessary to 
address our out-of-control Federal spending.
  Beyond this, the proposed offset is not prudent and ignores the fact 
that this CR has already cut the Science and Technology Directorate 
funding. This enormous reduction to a budget that barely amounts to $1 
billion would absolutely be devastating.

                              {time}  0100

  S&T is the single organization within the Department of Homeland 
Security that performs research and stimulates and funds related 
research initiatives within the private sector--to include work 
underway at the Transportation Security Laboratory in New Jersey and at 
the Pacific Northwest Laboratory. The projects that this funding 
supports are crucial to the homeland mission, and this cut will either 
significantly slow or end their progress.
  I would urge my colleagues to oppose this amendment.
  I yield back the balance of my time.
  Mr. PRICE of North Carolina. Mr. Chairman, I move to strike the last 
word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. PRICE of North Carolina. Mr. Chairman, I rise in qualified 
support of this amendment.
  The bill before us eliminates the firefighter hiring program, known 
as SAFER, and it reduces funding for grants to purchase fire equipment 
by 23 percent. If adopted, these cuts will result in over 2,400 
firefighters being laid

[[Page H911]]

off in 2011 and prevent fire departments from purchasing equipment, 
breathing apparatus, and protective gear that our firefighters depend 
on during a time of emergency. This is simply not acceptable.
  During my tenure as chairman of the Homeland Security Appropriations 
Committee, we ensured that not only was funding providing for these 
critical firefighter programs, but that these dollars could be used 
flexibly in this time of economic stress to retain firefighters that 
might lose their jobs, to rehire firefighters that have been laid off 
due to economic conditions, as well as to hire new firefighters.
  Repeatedly, I hear from communities that were able to use funds for 
these purposes. For example, in Plaquemines Parish, Louisiana, SAFER 
funding was used to hire and retain a total of 73 firefighters, 
ensuring that seven departments had salaried firefighters and that 12 
parish fire stations could be manned 24 hours a day, 7 days a week.
  The North Las Vegas Fire Department was able to hire 15 new 
firefighters with a SAFER grant, permitting them to open an eighth fire 
station, thereby reducing response times and enhancing the level of 
protection for city residents as well as the millions of visitors to 
Las Vegas.
  Spanish Forth, Alabama, recently received a SAFER grant that allowed 
them to retain their whole roster of firefighters instead of letting 
some go. Collinsville, Illinois, received a recent grant, allowing them 
to retain five firefighters who otherwise would have been laid off.
  Retaining this funding, Mr. Chairman, preserves government services 
that are critical to our public safety and security. Local governments 
are already facing serious budget constraints. The CR simply 
exacerbates the layoffs we're already seeing with public safety 
personnel. This amendment will help keep thousands of firefighters on 
the job.
  Mr. Chairman, I must express some reservations about how the increase 
in firefighter grants is paid for in this amendment. The gentleman's 
amendment drastically reduces funding for research and development 
activities throughout the Department of Homeland Security. It's not 
desirable or wise to cut the Department's research and development 
budget so much. But, unfortunately, the majority has prevented us from 
paying for these amendments from other parts of the bill, and the 
overall allocation for Homeland Security and the rest of the domestic 
agencies is completely inadequate.
  So I support this amendment, but I'll work diligently to restore 
these funding cuts as the bill progresses and we get down to 
responsible budgeting in negotiations with the Senate and the White 
House.
  Mr. Chairman, Members have a choice to make: Support this amendment 
and support your local firefighters, or vote ``no'' and see a decline 
in critical first responder personnel in this country and in the 
options available to hard-pressed local communities.
  I urge my colleagues to vote ``yes'' on this amendment.
  Mr. ROGERS of Kentucky. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. The gentleman is recognized for 5 minutes.
  Mr. ROGERS of Kentucky. I yield to the chairman of the subcommittee.
  Mr. ADERHOLT. Let me say, Mr. Chairman, that I realize the importance 
that these grants do contribute, and the bottom line right now is we 
simply can't afford it in the position we're in right now. As we move 
forward for the FY12 budget, I'll be happy to work with the ranking 
member of the subcommittee and the gentleman from New Jersey as we move 
forward to try to work on this. But the bottom line is today we cannot 
afford this at this point, but I certainly would look forward to 
working with both of them as we move forward in FY12.
  At the end of the day, on the amendment today, I do urge my 
colleagues to oppose the amendment that we have before us.
  Mr. PASCRELL. Mr. Chairman, I move to strike the last word.
  The Acting CHAIR. Without objection, the gentleman from New Jersey is 
recognized for 5 minutes.
  There was no objection.
  Mr. PASCRELL. To zero out one of the most effective and efficient 
programs in the Federal Government--and all objective observers have 
come to that conclusion. And yes, we do have to cut. That's why we're 
here. But we don't have to cut what is an essential service when we 
know what the results of this legislation have brought. I have been on 
Homeland Security from day one. I think I know it. But that's beside 
the point.
  Today, we know what the results have been of this legislation. So, 
for the 2,400 firefighters right off that bat that would be laid off, 
because this is a 3-year plan, there's certain matches that have to go 
into it. Those matches have been reduced so that other local 
communities can get involved.
  When we see what happens with many Federal programs that go through 
States and never wind up to do what they have to do, this stands out 
above everything else. It is not enough for us to pat firefighters on 
the back, to bring our grandkids to get up on the fire engines when we 
are pulling the rug out from under them.
  When this passed 10 years ago, there were fire companies throughout 
the United States that had to push their equipment to the fire. We are 
here at 1 o'clock in the morning questioning that this is not a 
priority of ours and we can't afford this right now. I can tell you 
what we can't afford. We can't afford other things in other places, but 
we need to protect our first responders. If we meant what we said on 9/
12/2001, then we need to do something right now to protect them.

  This is a visceral subject, there's no question about it. I have not 
heard one argument where this legislation has let us down one iota. In 
fact, it has delivered what it said it was going to deliver.
  Whether you be volunteers or career firefighters, you are assisted by 
the SAFER bill, and we made it that way. When you look at the FIRE Act 
itself, that act went to all the small departments. In fact, we skewed 
it. The first 2 years of the program was to go to smaller fire 
departments, not to big cities, and we followed through on that.
  Do you know how these applications are evaluated? They're evaluated 
by peers. It costs us very little to do it. That's why it's efficient 
as well as an effective program. We should all belong to the Police 
Caucus and the Fire Caucus. They don't need our pats on the back. They 
don't need our words of inspiration. What they need is some help to put 
enough people out there.
  These are people's lives we're talking about. How dare we even 
consider. You talk about 6 years ago. The conditions of our 
municipalities large and small are quite different now than they were 6 
years ago. They're laying off cops and firefighters.
  Someone mentioned when we were discussing the COPS program earlier 
this evening--last night--they were talking about what happened in 
Camden, New Jersey. They're laying off half the fire department and 
half the police department. Don't we have some responsibility in this?
  And, by the way, that part of Homeland Security which protects the 
Nation and protects them through our first responders, since they're 
the fire people there, God knows, when a catastrophe occurs, what, are 
we putting the brakes on that? Are we going out on recess? These are 
the line between us and perhaps disaster. We cannot.
  Much of the equipment that was bought in the FIRE Act, competitive 
bidding, much of that equipment saved lives already. Most of the 
firefighters--all of the firefighters--who were hired, because we 
wanted to give someone in every town some edge when they were down 
below the ranks that they should have, those firefighters save lives.

                              {time}  0110

  Mr. Chairman, we need bipartisan support on this amendment. It is 
good for America, and it works. No one has questioned that this 
evening.
  I yield back the balance of my time.
  The Acting CHAIR. The question is on the amendment offered by the 
gentleman from New Jersey (Mr. Pascrell).
  The question was taken; and the Acting Chair announced that the ayes 
appeared to have it.
  Mr. ADERHOLT. Mr. Chairman, I demand a recorded vote.
  The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further 
proceedings on the amendment offered by

[[Page H912]]

the gentleman from New Jersey will be postponed.
  Mr. ADERHOLT. Mr. Chairman, I ask unanimous consent that the bill 
through page 263, line 9, be considered as read, printed in the Record, 
and open to amendment at any point.
  The Acting CHAIR. Is there objection to the request of the gentleman 
from Alabama?
  There was no objection.
  The text of that portion of the bill is as follows:

       Sec. 1630.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Emergency Management Performance Grants'' 
     shall be $300,000,000.
       Sec. 1631.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Disaster Relief'' shall be $3,165,000,000.
       Sec. 1632.  Notwithstanding section 1101, in fiscal year 
     2011, funds shall not be available from the National Flood 
     Insurance Fund under section 1310 of the National Flood 
     Insurance Act of 1968 (42 U.S.C. 4017) for operating expenses 
     in excess of $110,000,000, and for agents' commissions and 
     taxes in excess of $963,339,000: Provided, That 
     notwithstanding section 1101, for activities under the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) 
     and the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 
     et seq.), the level shall be $169,000,000, which shall be 
     derived from offsetting collections assessed and collected 
     under 1308(d) of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4015(d)), of which not to exceed $22,145,000 shall be 
     available for salaries and expenses associated with flood 
     mitigation and flood insurance operations; and not less than 
     $146,855,000 shall be available for floodplain management and 
     flood mapping, which shall remain available until September 
     30, 2012.
       Sec. 1633.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, National Predisaster Mitigation Fund'' 
     shall be $65,000,000.
       Sec. 1634.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Emergency 
     Management Agency, Emergency Food and Shelter'' shall be 
     $100,000,000.
       Sec. 1635.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, United States Citizenship 
     and Immigration Services'' shall be $275,776,000, of which 
     $151,376,000 is for processing applications for asylum and 
     refugee status, and of which $103,400,000 shall be for the E-
     Verify Program: Provided, That none of the funds made 
     available under this heading may be used for grants for 
     immigrant integration.
       Sec. 1636.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Federal Law Enforcement 
     Training Center, Acquisitions, Construction, Improvements, 
     and Related Expenses'' shall be $38,456,000.
       Sec. 1637.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Science and Technology, 
     Management and Administration'' shall be $141,200,000.
       Sec. 1638.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Science and Technology, 
     Research, Development, Acquisition, and Operations'' shall be 
     $778,906,000: Provided, That the final proviso included under 
     the heading ``Department of Homeland Security, Science and 
     Technology, Research, Development, Acquisition, and 
     Operations'' in the Department of Homeland Security 
     Appropriations Act, 2010 (Public Law 111-83) shall have no 
     force or effect.
       Sec. 1639.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Domestic Nuclear Detection 
     Office, Management and Administration'' shall be $36,992,000.
       Sec. 1640.  Notwithstanding section 1101, the level for 
     ``Department of Homeland Security, Domestic Nuclear Detection 
     Office, Research, Development, and Operations'' shall be 
     $293,537,000.
       Sec. 1641. (a) Section 560 of Public Law 111-83 shall not 
     apply to funds appropriated by this division.
       (b) Upon completion of 50 percent of design planning for 
     the National Bio- and Agro-Defense Facility, and prior to 
     construction of that facility, the Department of Homeland 
     Security shall submit to the Committees on Appropriations of 
     the Senate and the House of Representatives a revised site-
     specific biosafety and biosecurity mitigation risk assessment 
     that describes how to significantly reduce risks of 
     conducting essential research and diagnostic testing at the 
     National Bio- and Agro-Defense Facility and addresses 
     shortcomings identified in the National Academy of Sciences' 
     evaluation of the initial site-specific biosafety and 
     biosecurity mitigation risk assessment.
       (c) The revised site-specific biosafety and biosecurity 
     mitigation risk assessment required by subsection (b) shall--
       (1) include a quantitative risk assessment for foot-and-
     mouth disease virus, in particular epidemiological and 
     economic impact modeling to determine the overall risk of 
     operating the facility for its expected 50-year life span, 
     taking into account strategies to mitigate risk of foot-and-
     mouth disease virus release from the laboratory and ensure 
     safe operations at the approved National Bio- and Agro-
     Defense Facility site;
       (2) address the impact of surveillance, response, and 
     mitigation plans (developed in consultation with local, 
     State, and Federal authorities and appropriate stakeholders) 
     if a release occurs, to detect and control the spread of 
     disease; and
       (3) include overall risks of the most dangerous pathogens 
     the Department of Homeland Security expects to hold in the 
     National Bio- and Agro-Defense Facility's biosafety level 4 
     facility, and effectiveness of mitigation strategies to 
     reduce those risks.
       (d) The Department of Homeland Security shall enter into a 
     contract with the National Academy of Sciences to evaluate 
     the adequacy and validity of the risk assessment required by 
     subsection (b). The National Academy of Sciences shall submit 
     a report on such evaluation within four months after the date 
     the Department of Homeland Security concludes its risk 
     assessment.
       Sec. 1642.  Section 503 of the Department of Homeland 
     Security Appropriations Act, 2010 (Public Law 111-83) is 
     amended by adding at the end the following:
       ``(e) The notification thresholds and procedures set forth 
     in this section shall apply to deviations from the amounts 
     designated for specific activities in this Act and 
     accompanying statement, and to any use of deobligated 
     balances of funds provided under this title in previous 
     years.''.
       Sec. 1643.  For fiscal year 2011, sections 529, 541, and 
     545 of the Department of Homeland Security Appropriations 
     Act, 2010 (Public Law 111-83; 123 Stat. 2174, 2176) shall 
     have no force or effect.
       Sec. 1644.  Section 831 of the Homeland Security Act of 
     2002 (6 U.S.C. 391) is amended--
       (1) in subsection (a), by striking ``Until September 30, 
     2010,'' and inserting ``Until September 30, 2011,''; and
       (2) in subsection (d)(1), by striking ``September 30, 
     2010,'' and inserting ``September 30, 2011,''.
       Sec. 1645.  Section 532(a) of Public Law 109-295 (120 Stat. 
     1384) is amended by striking ``2010'' and inserting ``2011''.
       Sec. 1646.  Of the funds transferred to the Department of 
     Homeland Security when it was created in 2003, the following 
     funds are hereby rescinded from the following accounts and 
     programs in the specified amounts:
       (1) ``Operations'', $1,891,657;
       (2) ``Violent Crime Reduction Program'', $4,912,245;
       (3) ``U.S. Customs and Border Protection, Salaries and 
     Expenses'', $21,210,423; and
       (4) ``Office for Domestic Preparedness'', $10,568,964.
       Sec. 1647.  The following unobligated balances made 
     available to the Department of Homeland Security pursuant to 
     section 505 of Department of Homeland Security Appropriations 
     Act, 2010 (Public Law 111-83; 123 Stat. 2174) are rescinded: 
     $886,665 from ``Office of the Secretary and Executive 
     Management''; $604,342 from ``Office of the Under Secretary 
     for Management''; $24,379 from the ``Office of the Chief 
     Financial Officer''; $29,741 from ``Office of the Chief 
     Information Officer''; $218,173 from ``Analysis and 
     Operations''; $76,498 from ``Office of the Federal 
     Coordinator for Gulf Coast Rebuilding''; $197,272 from 
     ``Office of Inspector General''; $11,373,129 from ``U.S. 
     Customs and Border Protection, Salaries and Expenses''; 
     $691,552 from ``U.S. Immigration and Customs Enforcement, 
     Salaries and Expenses''; $2,555,962 from ``Transportation 
     Security Administration, Federal Air Marshals''; $8,617,331 
     from ``Coast Guard, Operating Expenses''; $2,965,312 from 
     ``Coast Guard, Reserve Training''; $83,784 from ``National 
     Protection and Programs Directorate, Management and 
     Administration''; $551,737 from ``National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security''; $704,700 from ``United States Secret 
     Service, Salaries and Expenses''; $863,628 from ``Federal 
     Emergency Management Agency, Management and Administration''; 
     $864,660 from ``Office of Health Affairs''; $7,945,983 from 
     ``United States Citizenship and Immigration Services''; 
     $960,828 from ``Federal Law Enforcement Training Center, 
     Salaries and Expenses''; $353,524 from ``Science and 
     Technology, Management and Administration''; and $45,468 from 
     ``Domestic Nuclear Detection Office, Management and 
     Administration''.
       Sec. 1648.  Of the funds appropriated to the Department of 
     Homeland Security, the following unobligated balances are 
     hereby rescinded from the following accounts and programs in 
     the specified amounts:
       (1) ``Department of Homeland Security, U.S. Customs and 
     Border Protection, Automation Modernization'', $10,000,000.
       (2) ``Department of Homeland Security, U.S. Customs and 
     Border Protection, Border Security Fencing, Infrastructure, 
     and Technology'', $119,000,000.
       (3) ``Department of Homeland Security, Office of Health 
     Affairs'', $5,562,000.
       (4) ``Department of Homeland Security, Federal Emergency 
     Management Agency, National Predisaster Mitigation Fund'', 
     $18,173,641.
       (5) ``Department of Homeland Security, Science and 
     Technology, Research, Development, Acquisition, and 
     Operations'', $8,500,000.
       (6) ``Department of Homeland Security, Domestic Nuclear 
     Detection Office, Research, Development, and Operations'', 
     $17,100,000.
       (7) ``Department of Homeland Security, Coast Guard, 
     Acquisition, Construction, and Improvements'', $1,122,000.

[[Page H913]]

       Sec. 1649.  Of the unobligated balances available for 
     ``Department of Homeland Security, U.S. Customs and Border 
     Protection, Construction'' for construction projects, 
     $106,556,000 is rescinded: Provided, That the amounts 
     rescinded under this section shall be limited to amounts 
     available for Border Patrol projects and facilities as 
     recommended by the Department of Homeland Security in the 
     fiscal year 2011 budget request.
       Sec. 1650.  Of the unobligated balances made available 
     under section 44945 of title 49, United States Code, $800,000 
     is rescinded.
       Sec. 1651.  Of the unobligated balances available for 
     ``Department of Homeland Security, Transportation Security 
     Administration'', $15,000,000 is rescinded: Provided, That 
     the Transportation Security Administration shall not rescind 
     any unobligated balances from the following programs: 
     explosives detection systems; checkpoint support; aviation 
     regulation and other enforcement; and air cargo.
       Sec. 1652.  Of the unobligated balances available for 
     ``Department of Homeland Security, National Protection and 
     Programs Directorate, Infrastructure Protection and 
     Information Security'', the following amounts are rescinded:
       (1) $6,000,000 from Next Generation Networks.
       (2) $9,600,000 to be specified in a report submitted by the 
     Secretary of Homeland Security to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than 15 days after the date of enactment of this 
     division, that describes the amounts rescinded and the 
     original purpose of such funds.
       Sec. 1653.  From the unobligated balances of funds made 
     available in the Department of the Treasury Forfeiture Fund 
     established by section 9703 of title 31, United States Code, 
     that was added to such title by section 638 of Public Law 
     102-393, $22,600,000 is rescinded.

  Mr. ROGERS of Kentucky. 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. 
Alderholt) having assumed the chair, Mr. Chaffetz, 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. 1) making 
appropriations for the Department of Defense and the other departments 
and agencies of the Government for the fiscal year ending September 30, 
2011, and for other purposes, had come to no resolution thereon.

                          ____________________