Congressional Record, Volume 157 Issue 99 (Wednesday, July 6, 2011)

[Congressional Record Volume 157, Number 99 (Wednesday, July 6, 2011)]
[House]
[Pages H4594-H4625]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2012

The SPEAKER pro tempore. Pursuant to House Resolution 320 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. 2219.

{time} 1427

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. 2219) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2012, and for other
purposes, with Mr. Poe of Texas (Acting Chair) in the chair.
The Clerk read the title of the bill.
The Acting CHAIR. When the Committee of the Whole rose on Thursday,
June 23, 2011, all time for general debate had expired.
Pursuant to the rule, the bill shall be considered for amendment
under the 5-minute rule.
During consideration of the bill for amendment, the Chair may accord
priority in recognition to a Member offering an amendment who has
caused it to be printed in the designated place in the Congressional
Record. Those amendments will be considered read.
The Clerk will read.
The Clerk read as follows:

H.R. 2219

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2012, for military functions
administered by the Department of Defense and for other
purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

[[Page H4595]]

members of the Reserve Officers' Training Corps; and for
payments pursuant to section 156 of Public Law 97-377, as
amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $43,859,709,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; for members of the Reserve
Officers' Training Corps; and for payments pursuant to
section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement
Fund, $27,141,334,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$13,480,436,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; for members of
the Reserve Officers' Training Corps; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $28,264,646,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
Reserve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$4,333,507,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy
Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,948,544,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $645,422,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131
of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund,
$1,711,653,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $7,607,345,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air
National Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $3,099,629,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law;
and not to exceed $12,478,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Army, and payments may be
made on his certificate of necessity for confidential
military purposes, $34,581,321,000.

Operation and Maintenance, Navy

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law; and not to exceed $14,804,000 can be
used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of
necessity for confidential military purposes,
$39,385,685,000.

Operation and Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $6,036,996,000.

Operation and Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by
law; and not to exceed $7,699,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Air Force, and payments may
be made on his certificate of necessity for confidential
military purposes, $36,065,107,000.

Operation and Maintenance, Defense-Wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the
Department of Defense (other than the military departments),
as authorized by law, $30,682,265,000: Provided, That not
more than $47,026,000 may be used for the Combatant Commander
Initiative Fund authorized under section 166a of title 10,
United States Code: Provided further, That not to exceed
$36,000,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided further, That of the funds provided under this
heading, not less than $34,311,000 shall be made available
for the Procurement Technical Assistance Cooperative
Agreement Program, of which not less than $3,600,000 shall be
available for centers defined in 10 U.S.C. 2411(1)(D):
Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or
implement the consolidation of a budget or appropriations
liaison office of the Office of the Secretary of Defense, the
office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a
legislative affairs or legislative liaison office: Provided
further, That $8,420,000, to remain available until expended,
is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the
Secretary of Defense to operation and maintenance
appropriations or research, development, test and evaluation
appropriations, to be merged with and to be available for the
same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item
unit cost of items that may be purchased with operation and
maintenance funds shall not apply to the funds described in
the preceding proviso: Provided further, That the transfer
authority provided under this heading is in addition to any
other transfer authority provided elsewhere in this Act.

{time} 1430

Amendment Offered by Mr. Connolly of Virginia

Mr. CONNOLLY of Virginia. Mr. Chairman, I have an amendment at the
desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $10,000,000)''.
Page 31, line 17, after the dollar amount, insert
``(increased by $10,000,000)''.

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

[[Page H4596]]

Mr. CONNOLLY of Virginia. First, I want to thank Chairman Young,
Ranking Member Dicks, and their staffs for coordinating with my office
on this amendment and for their work to address operational energy
challenges faced by DOD.
According to the Department of Defense, operational energy
represented 74 percent of the military's energy costs in 2010; and
despite a 9 percent reduction in energy use, costs increased by 19.7
percent. Air conditioning alone for American forces in Iraq and
Afghanistan cost $20 million each year. Last year's bill to heat, cool,
and light 539,000 DOD buildings represented at least $4 billion in
direct costs to taxpayers.
More than 3,000 American warfighters and contractors have been killed
in the line of duty while moving or defending fuel convoys. We cannot
continue sacrificing American lives as a result of failing to improve
energy use by our military.
Included in the bill is a targeted investment of $82 million for
Marine Corps expeditionary energy equipment to prevent our marines from
carrying more than 13 million pounds of gear and will help taxpayers
avoid nearly $40 billion in annual energy-related costs.
Thank you, Chairman Young and Ranking Member Dicks, for including
this funding in the bill. This bipartisan amendment would complement
that investment in operational energy by increasing funding for the
Strategic Environmental Research and Development Program, known as
SERDP, from 56.4 to 66.4 million, which matches both the President's
budget request and the House-passed National Defense Authorization Act
recently passed on a strong bipartisan vote.
I offer this amendment on behalf of myself and Mr. Bartlett of
Maryland and Mr. Hinchey of New York. As members of the Armed Services
and Appropriations Committees, respectively, they have been leaders in
the efforts to improve our energy security. And I appreciate the
bipartisan support of this amendment.
Unfortunately, without the funding that this amendment would provide,
the Pentagon would be forced to delay or cancel several strategic
environmental programs. For example, this funding would support the
joint sensitive technology and munitions program which develops
alternatives to TNT. These alternatives are less toxic and have lower
cleanup costs. The amendment also supports sustainable wastewater
treatment technology for forward-operating bases in combat zones. The
purpose of this program is not to protect the environment near the
bases but to reduce water and fuel consumption associated with waste
treatment.
Mr. Chairman, this amendment will also help our military adapt to
climate change. In Virginia, the Norfolk Naval Base is located at sea
level. We are largely witnessing rising water levels already in the
Chesapeake Bay and Atlantic Ocean. This amendment simply provides
funding equivalent to that which was authorized already by the House
Armed Services Committee and by the full House and recommended by the
President.
I do not believe we should risk delaying or canceling these critical
defense programs, and I ask my colleagues to support this bipartisan
amendment.
With that, I yield back the balance of my time.
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. I rise in support of the gentleman's amendment.
This amendment would realign 10 million from defense-wide accounts to
support additional work within the Strategic Environmental Research and
Development Program. The program was established in 1990 and is jointly
planned and executed by the Department of Defense, the Department of
Energy, the Environmental Protection Agency, and other Federal agencies
and industry.
The program improves DOD mission readiness and environmental
performance by providing new scientific knowledge and cost-effective
technologies in the areas of environmental restoration, munitions
response, resource conservation, and weapons systems and platforms.
SERDP enhances military operations, improves military systems'
effectiveness, enhances military training and readiness, sustains DOD's
training and test ranges and installation infrastructure, and helps
ensure the safety and welfare of military personnel and their
dependents by eliminating or reducing the generation of pollution and
use of hazardous materials and reducing the cost of remedial actions.
I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, this amendment would offer $10
million to restore a cut that the committee had already made in the
operation and maintenance, defense-wide account. Actually, the Defense
Department offered this up when we were looking to achieve $9 billion
in savings to reach our allocation. This is one of the areas where the
Defense Department indicated that there was no problem with taking a
cut. You will hear me discussing this throughout the day and evening as
long as we're dealing with this bill.
We had to come up with $9 billion in reductions from the President's
request. This is a part of where we found the $9 billion. And since the
Department did not have any objection to this, in fact, offered this up
as a possible way of helping with the savings, I must oppose this
amendment and ask that the Members do so.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. CONNOLLY of Virginia. 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 Virginia
will be postponed.

Amendment No. 23 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 9, line 6, after the dollar amount insert ``(reduced
by $216,556,400)''.
Page 161, line 12, after the dollar amount insert
``(increased by $216,556,400)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, my amendment would reduce the
operating budget of the Office of the Defense Secretary by 10 percent,
moving roughly $217 million to the spending reduction account.
I have spent a considerable amount of time here on the floor of the
House during this appropriations process working hard to find spending
cuts across every level of the Federal Government and across nearly
every agency.
The Office of the Secretary has roughly $2.1 billion included in this
bill for its operation for this fiscal year, which is four times the
combined operating budget of the Secretaries in our three previous
fiscal year 12 appropriations bills.

{time} 1440

I understand the challenges that the Secretary of Defense faces on a
daily basis and the enormity of the department he is tasked with
overseeing, but even the Department of Defense must do its part to
reduce the deficit. I urge support of this amendment.
Mr. Chairman, I yield back the balance of my time.
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. I rise in very strong opposition to the gentleman's
amendment. The decrease appears to be directed at funding provided in
operation and maintenance defense-wide for the Office of the Secretary
of Defense.
The operation and maintenance defense-wide account received a
thorough review during the committee process

[[Page H4597]]

and has already been reduced by $258 million from the budget request.
The Office of the Secretary of Defense account has similarly been
reduced by $36.4 million based on a detailed review of specific
programs within this account. Adjustments have been made to duplicative
efforts and to programs that were poorly justified.
Further reductions risk harm to operations in the defense-wide
account such as special operations activities; education programs like
the National Defense University and the Defense Acquisition University;
and organizations that perform basic operational functions like finance
and human resources.
I urge all my colleagues to vote against this amendment.
Mr. BROUN of Georgia. Would the gentleman yield?
Mr. DICKS. I yield to the gentleman from Georgia.
Mr. BROUN of Georgia. I appreciate the gentleman yielding. Actually,
this just cuts the money, 10 percent, out of the Office of the
Secretary of Defense. It doesn't go into cutting Special Ops or other
funds that the gentleman from Washington, my good friend, Mr. Dicks,
was talking about. It just cuts 10 percent out of the Secretary's
operating budget.
I just wanted to clear that up. I thank the gentleman for yielding.
Mr. DICKS. Unfortunately, that is not the way the gentleman wrote his
amendment; so I would stand with my provision which says further
reductions risk harm to operations in the defense-wide account.
So if you take 10 percent out of the account, it is going to affect
Special Operations activities; education programs like the National
Defense University, Defense Acquisition University--and Lord knows, we
need help in acquisition; and organizations that perform basic
operational functions like finance and human resources. I stand by my
statement.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. I rise in opposition to the amendment, and I do
so reluctantly because I know my good friend is very sincere about
this. However, Mr. Dicks has spoken the position established by the
subcommittee very well, and I endorse the comments that Mr. Dicks made
and rise in opposition to this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. 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 Georgia will
be postponed.

Amendment No. 9 Offered by Mr. Connolly of Virginia

Mr. CONNOLLY of Virginia. 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 9, line 6, after the dollar amount, insert ``(reduced
by $15,000,000)''.
Page 31, line 17, after the dollar amount, insert
``(increased by $15,000,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. CONNOLLY of Virginia. Mr. Chairman, I am offering this amendment
on behalf of Mr. Blumenauer, Mr. Hinchey, and Mrs. Capps, who were
unable to arrange flight schedules to get back here for this
consideration.
Mr. Blumenauer's amendment would increase funding for the
Environmental Security Technology Certification program by $15 million
to match the authorization of the National Defense Authorization Act
passed by the House earlier this spring.
According to the Department, facilities energy represented at least
$4 billion in direct costs to the taxpayer in fiscal year 2010. The
Department is paying to heat, cool, light, and operate 539,000
buildings and structures that hold 2.2 billion square feet.
The Environmental Security Technology Certification program is
focused on finding ways to decrease energy demand, develop smart
distribution systems, and increase the use of alternative and renewable
energy at U.S. military installations.
ESTCP was established in 1995 to promote the deployment of proven
innovative technologies to field or production use. The program
demonstrations collect cost and performance data for new technologies
to help these new technologies overcome the barriers to development.
The goals are to identify the most promising new technologies to help
DOD improve its environmental remediation, such as unexploded ordnance,
cleanup, energy performance, and cost savings.
ESTCP funds projects in five program areas: energy and water;
environmental restoration; munitions response; resource conservation
and climate change; and weapons systems and platforms. The program uses
an energy test bed concept that is focused on finding ways to decrease
energy demand, develop smart distribution systems, and increase the use
of alternative and renewable energy at military installations
worldwide. These projects include energy-efficient lighting, heating,
and air conditioning such as daylight harvesting, personalized dimming,
combustion control systems, and high-performance cooling technology.
ESTCP is funding initiatives that will make advancements in building
control and retrofits such as the advanced building energy management
systems and the Zero Energy Housing, which generate 100 percent of
their power requirements through on-site renewable and demand
reductions.
Another project, the LED street lighting system, will deliver 50
percent energy reductions over existing street light systems at DOD
facilities around the United States.
An additional $15 million above the President's budget request will
help address the immense challenge our military's facilities' energy
requirements represent. The HASC has authorized ESTCP at $45 million,
which includes a $15 million increase; and in doing so the authorizers
created account number 82A for that purpose.
I appreciate Mr. Blumenauer's work on energy security issues,
including this amendment; and I ask for its favorable consideration.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, the amendment would redistribute
$15 million of Army operation and maintenance account funding in order
to finance the Energy Security and Technical Certification program. The
program is not authorized. It was added by the House Armed Services
Committee, but the defense authorization bill is not law. This program
currently is not authorized; and because of that, the amendment had to
be written in such a way, as just a straight increase or decrease,
without actually mentioning the actual program, to avoid being out of
order.
Further, the Army operation and maintenance account is funded at over
$34.5 billion. Should this project remain in the final authorization
bill and the Department concurs that it is a high enough priority, then
there are more than enough funds for the Department to execute the
program.
Unfortunately, however, I don't have the ability to make that
determination for the Department on the floor. And because of these and
other objections, I must oppose the amendment.
I yield back the balance of my time.
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. Regrettably, I have to oppose this amendment. My good
friend from Oregon, Mr. Blumenauer, is one of our most thoughtful
Members and has been a leader on environmental issues. But in this
case, we have already doubled the funding for this. I think this is
unnecessary at this time. We have to constrain spending.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Virginia (Mr. Connolly).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.

[[Page H4598]]

Mr. CONNOLLY of Virginia. 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 Virginia
will be postponed.

Amendment Offered by Mr. Kucinich

Mr. KUCINICH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $3,600,000)''.
Page 33, line 18, after the dollar amount, insert
``(increased by $3,600,000)''.
Page 34, line 1, after the dollar amount, insert
``(increased by $3,600,000)''.

The Acting CHAIR. The gentleman from Ohio is recognized for 5
minutes.
Mr. KUCINICH. Mr. Chairman, today, along with the support of my
colleague, Representative Eshoo, I am offering this amendment to help
an estimated 250,000 ailing veterans of the first gulf war, over one-
third of those who served. It will bring the modest budget for the Gulf
War Illness Research program within the congressionally directed
Medical Research program in line with that of its peer programs, to $10
million.

{time} 1450

Too many veterans of the first gulf war suffer from persistent
symptoms, such as chronic headache, widespread pain, cognitive
difficulties, unexplained fatigue, gastrointestinal problems,
respiratory symptoms, and other abnormalities that are not explained by
traditional medical or psychiatric diagnoses. Research shows that, as
these brave soldiers age, they are at double the risk for ALS, or Lou
Gehrig's disease, as are their non-deployed peers. There may also be
connections to multiple sclerosis and Parkinson's disease. Sadly, there
are no known treatments for the lifelong pain these veterans endure.
In a new landmark report, the Institute of Medicine has recognized
that and has called for a major national research effort to identify
treatments. The scientific community has responded with a dramatic
increase in the quality and quantity of proposals that are submitted to
the Congressionally Directed Medical Research Programs, otherwise known
as CDMRP.
In the FY12 Defense appropriations bill, CDMRP programs, with direct
relevance to current forces, received a 25 percent increase. The
research conducted by the Gulf War Veterans Illnesses Research program
is vital not only for ill gulf war veterans but also for other U.S.
military forces. As summarized by the IOM committee chair on the topic,
Dr. Stephen Hauser, gulf war illnesses research is ``vital to the
health and effectiveness of current and future military forces in
addition to gulf war veterans.''
Most encouraging, CDMRP-funded researchers have completed the first
successful pilot study of a medication to treat one of the major
symptoms of gulf war illness. Just last month, a report was released on
the first successful medication treatment study in the history of gulf
war illness research. The study showed that the low-cost supplement,
CoQ10, produced significant improvement in one of the most serious
symptoms of gulf war illness, fatigue with exertion, as well as
improvements in nearly every other symptom. It is not a cure, and the
study needs to be replicated in a larger group; but the result is
extremely encouraging. The next step is for clinical trials, which will
only be funded by the CDMRP.
The amendment's offset comes from the Pentagon channel, which is
costly--over $29 million in the past 3 fiscal years. It's redundant.
There are eight other Armed Forces Network Television services which
provide news, entertainment, lifestyle, documentary, and religious
programming to servicemembers and their families across the globe, and
it doesn't provide a vital service; but this research is critical to
our troops in the field now as well as to those who will be fighting in
the future.
According to the VA's Research Advisory Committee on Gulf War
Veterans' Illnesses, the known causes of gulf war illness are from
exposures incurred in Iraq, like certain pesticides, or are from
exposures incurred before deployment, like pyridostigmine bromide,
which is a drug taken as an antidote to the nerve gas sarin. There is
also some evidence of a link between gulf war illness and a low-level
exposure to nerve agents, a close proximity to oil well fires, the
receipt of multiple vaccines, and combinations of gulf war exposures.
Current forces in Iraq and Afghanistan can still incur each of these
exposures. That is why the chair of the IOM committee's report on gulf
war illnesses said: ``This IOM report makes findings and
recommendations vital to the health and effectiveness of current and
future U.S. military forces in addition to gulf war veterans.''
This is a time for us to say thank you to those who have served, to
say that we understand the suffering that gulf war veterans have had
with this illness and that we are dedicated to finding higher levels of
research to make sure that we can relieve their suffering.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I believe that the Gulf War
Illness Program is an important medical research area, the program to
which Mr. Kucinich speaks; but this bill already contains $6.4 million
for the program. In addition, the Military Construction and Veterans
Affairs appropriations bill has already included an additional $15
million for the program.
The committee has been extremely careful to guarantee that medical
research programs are funded at the level at which they can be
adequately dealt with as far as the medical researchers are concerned.
But in the days of having to reduce our budget by $9 billion, we
believe that we have already adequately funded this program at $6.4
million, in addition to the $15 million added by the Subcommittee on
Military Construction and Veterans Affairs. Therefore, I rise in
opposition to this amendment.
I yield back the balance of my time.
Mr. DICKS. I move to strike the requisite number of words.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. I have followed this issue closely ever since the gulf
war, and I feel that the gentleman has made a very compelling case. I
think we should add this money, and the offset is acceptable. So I urge
a ``yes'' vote on the Kucinich 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. Kucinich).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. KUCINICH. 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.

Amendment No. 69 Offered by Ms. Jackson Lee of Texas

Ms. JACKSON LEE of Texas. 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 9, line 6, after the dollar amount, insert ``(reduced
by $650,000)''.
Page 33, line 18, after the dollar amount, insert
``(increased by $500,000)''.
Page 34, line 1, after the dollar amount, insert
``(increased by $500,000)''.

The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. I want to express my appreciation to Mr.
Young, who is the chairman of the subcommittee, and to Mr. Dicks, who
is the ranking member, for their long years of service.
To my colleagues, good news today: the announcement came that the
President of the United States would send the same sympathy letter to
families of those soldiers who committed suicide in battle as of those
who had fallen in different ways in battle. The reason that is good
news is, in a sentence I am reminded of, the President and his office
indicated that they did not want to stigmatize the mental health
concerns of our soldiers.
I want to pay tribute to the Defense appropriations committee for its
work on post-traumatic stress disorder and

[[Page H4599]]

to make note of our late friend, Congressman John Murtha, who worked
with Houston on establishing a new post-traumatic stress disorder
center. I am grateful for that because, as in all of our States, many
of us are facing a large numbers of returning soldiers from both Iraq
and Afghanistan.
So I ask for my amendment to be supported to increase research and
development funding for post-traumatic stress disorder and traumatic
brain injury, which affects our men and women who serve selflessly and
bravely in our Nation's armed services. My amendment would increase
research and development funds for PTSD and TBI by $500,000. It will be
offset by reducing general operations and maintenance and activities of
the Department of Defense.

{time} 1500

I believe this is critical in ensuring our country's military
strength as we move toward the 21st century.
We obviously were aware of post-traumatic stress for those who follow
the military in all of our wars. We've seen it every day by our Vietnam
soldiers, those who came home without welcome. We see it in the numbers
of homeless soldiers, many of them Vietnam vets.
Over the years, members of the military and veterans have seen a
drastic increase in the number of cases of PTSD and TBI. PTSD cases in
the military have risen from 1,614 total cases in 2000 to 88,719 total
cases in 2010. Additionally, it is reported that 17 percent of all
active duty soldiers, 25 percent of reserve soldiers, and 19 percent of
Vietnam veterans suffer from PTSD. Traumatic brain injuries in the
military have increased from 10,963 total cases in 2000 to 178,876
total cases in 2010.
We know that the kinds of explosives that are now used in war cause
greater damage, or more damage, or damage of this kind to our soldiers.
Also, in May of this year, a three-judge panel of the Ninth Circuit
U.S. Court of Appeals ruled that the Department of Veterans Affairs'
treatment of mentally ill veterans is so inadequate it is
unconstitutional. We are grateful for the work that has been done, but
this court said many veterans with severe depression or post-traumatic
stress disorder are forced to wait weeks for mental health referrals
and are given no opportunity to request or demonstrate their need for
expedited care. This is simply unacceptable. The courageous men and
women of the Armed Forces brave IED attacks, injury, and horrific
violence to protect the safety and security of the United States.
I was listening to a soldier on the television speak about his
injuries and then he mentioned the fact that a soldier in front of him,
his comrade, his friend, stepped on the IED, but the vast damage was to
all of those who were around him. And so we know the collateral damage
is as severe as it might be in any other form of mass war.
We see the loss of life, but we see the injuries remaining. We must
in turn care for them, and when they return home we must make it a
priority--as I know this committee has done--to increase the resources.
Members of Congress may disagree when it comes to the level of
commitment and resources of the United States to foreign wars and
conflicts, however we must not allow these debates and discussions to
cause us to fail to properly care for these brave soldiers when they
return home or when they are injured. I believe in Congress and its
wisdom, and I believe it is committed to taking care of our warriors.
As the members of the military return to their homes and their
families, they come without the desire for glory or appreciation. But
whenever you talk to a vet, they are looking to make sure that they
have the care that they need. Increasing the amount of resources,
however small this amendment offers, helps in finding ways to prevent
and better treat post-traumatic stress disorder and TBI, and is the
first step that Congress can add to the work that is already being
done. Access to post-traumatic stress disorder treatment is especially
important since veterans living in areas that are outside of some of
our largest centers are less likely to be diagnosed.
We should not wait. I believe we are of good mind and good will when
it comes to our soldiers. I ask my colleagues to support the amendment.
Mr. Chair, today I rise to ask for support of my amendment to
increase research and development funding for Post Traumatic Stress
Disorder, PTSD, and Traumatic Brain Injury, TBI, that affects our men
and women who serve selflessly and bravely in our Nation's Armed
Services. My amendment will increase research and development funds for
PTSD and TBI by $500,000, and will be offset by reducing the general
operations and maintenances and activities of the Department of
Defense. I believe this is critical to ensuring our country's military
strength as we move forward into the 21st century.
Also in May of this year, a three judge panel of the 9th U.S. Circuit
Court of Appeals ruled that the Department of Veterans Affairs'
treatment of mentally ill veterans is so inadequate, it is
unconstitutional. The decision said, ``many veterans with severe
depression or post-traumatic stress disorder are forced to wait weeks
for mental health referrals and are given no opportunity to request or
demonstrate their need for expedited care.''
This is simply unacceptable.
The courageous men and women of the Armed Forces brave IEDs, attacks,
injury, and horrific violence to protect the safety and security of the
United States, and we must, in turn, care for them when they return
home. We must make this a priority and increase the resources available
to help prevent and treat PTSD and TBI.
Members of Congress may disagree when it comes to the level of
commitment and resources of the United States to foreign wars and
conflicts. However, we must not allow those debates and discussions to
cause us to fail to properly care for these brave soldiers when they
return home or when they are injured. Congress must separate the war
from the warrior, and Congress should never fail to care for our
warriors.
As the members of the military return to their homes and their
families, they do not come home seeking glory or appreciation, but no
soldier should have to come home to inadequate treatment or care for
the injuries they sustained protecting the freedom of all Americans.
Increasing the amount of resources specializing finding ways to
prevent and better treat post-traumatic stress disorder and TBI is the
first step Congress can take to providing veterans with the services
they need. Access to post-traumatic stress disorder treatment is
especially important since veterans living in such areas are less
likely to be diagnosed and treated for post-traumatic stress disorder.
America shouldn't wait until soldiers with these injuries are
discharged to begin treatment. The Department of Defense needs to spend
more resources on how to detect and treat PTSD and TBI earlier.
These soldiers need to be certain that Members of Congress will
ensure that they receive the necessary treatment to guarantee that
their adjustment back into society is a successful one. Mr. Chairman, I
urge the adoption of my amendment to ensure no solider is left behind.
The Acting CHAIR. The time of the gentlewoman has expired.
Mr. YOUNG of Florida. Mr. Chairman, I rise in support of the
amendment.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, there is no doubt that this is a
tremendously important issue. Traumatic brain injury is something that
we don't even know what the needs are going to be in the future.
Our warriors are coming home wounded, yet full of high spirit,
morale, and wishing to go back to the fight if they were medically
able. Some of our warriors today don't even know that they have or will
be exposed to having traumatic brain injury in the future. It is
something we just don't know the answer to.
We also know that the medical professionals tell us that they cannot
use money just to spend it, but they have to use it effectively, and
they have to use it where it has produced results. In view of this, I
think it is important to guarantee that we have an adequate source of
funding for this medical research and the treatment of these wounded
warriors who suffer with this affliction. And so in view of that, I
rise in support of the amendment.
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. Mr. Chairman, I rise in support of the amendment.
I would just point out that the committee has added $125 million this
year and $454 million over the last several years, going back to when
Mr. Murtha

[[Page H4600]]

and I were chairmen. So we completely concur that this is an important
issue. The gentlelady has made a very compelling case. I rise in
support.
I yield back the balance of my time.
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 am a physician, and I represent
Fort Gordon, Georgia. We have a tremendous amount of soldiers as well
as vets from the Vietnam area with post-traumatic stress disorder. I am
also in the Navy reserve. I was seeing patients earlier today, and I
saw a lady who was a sailor, who was an intelligence sailor in
Afghanistan. She is suffering from PTSD and all the problems associated
with that.
At Fort Gordon, Georgia, we are trying to expand the facilities there
to treat PTSD, to do the research and development--that's a teaching
hospital as well as a hospital that cares for soldiers. So I applaud my
friend from Houston's amendment here. It is certainly an extremely
important issue that we are going to face. We are going to face this
issue for the next five, six, seven decades as a Nation. We cannot put
as much emphasis as this issue is going to demand over the next few
decades even. So it's actually an extremely important amendment. I
congratulate Ms. Jackson Lee on this amendment, and I rise in support
of the amendment.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Texas (Ms. Jackson Lee).
The amendment was agreed to.

Amendment No. 67 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:

Page 9, line 6, after the dollar amount, insert ``(reduced
by $600,000)''.
Page 33, line 18, after the dollar amount, insert
``(increased by $500,000)''.
Page 34, line 1, after the dollar amount, insert
``(increased by $500,000)''.

The Acting CHAIR. The gentlewoman is recognized for 5 minutes.
Ms. JACKSON LEE of Texas. I want to take a moment, since I have just
followed my amendment, to thank Mr. Young and Mr. Dicks for seeing an
expanded category of individuals suffering from PTSD and accepting my
amendment and working with us. I want to thank Dr. Broun for his
service and for his direct view of what happens to great Americans,
soldiers who have sacrificed and they cannot function because of PTSD.
So I am grateful for that.
And the reason why I say that, Chairman Young and Ranking Member
Dicks, is because many people don't realize the work that the Defense
Appropriations and the Pentagon does on a number of health issues. One
of them happens to be cancer. I have heard in coffee clutches or around
dinner tables that cancer is an epidemic. It seems appropriate for the
Defense Department, which has been at the cutting edge of technology
over the years, such as the Internet--can be in the lead.
So I intend to offer an amendment that I would like to discuss with
Mr. Young and Mr. Dicks, but I intend to withdraw. But it is very
important. This amendment would increase funding under title 6, Defense
Health Programs, by $500,000 in order to fund research related to
triple negative breast cancer, and will be offset by reducing the
general operations and maintenance and activities at the Department of
Defense.

{time} 1510

I am hoping my colleagues will work with me on this, and I hope they
will be reminded of a young woman by the name of Yolanda Evette
Williams, who was an outstanding medical professional who fought
against this triple-negative strain of cancer and left behind a
husband, a mother, and two children. It is a specific strain of breast
cancer for which no targeted treatment is available. The American
Cancer Society calls this particular strain of breast cancer ``an
aggressive subtype associated with lower survival rates.''
I offer this amendment to increase funding for research, not to take
away moneys from others, but I would certainly like to, out of this
discussion, have this kind of cancer looked upon as we are doing our
research to develop a targeted treatment for the triple-negative breast
cancer strain. Breast cancers with specific, targeted treatment methods
such as hormone- and gene-based strains have higher survival rates than
the triple-negative subtype, highlighting the need for a targeted
treatment.
Just to say a word about Yolanda, she was a dedicated member of the
Good Hope Baptist Church. She was a graduate of Texas Southern
University. She received a number of degrees. She was a member of the
Jack and Jill. Her mother was a medical professional, Dr. Lois Moore.
She was a chief clinical officer for the Atrium Medical Center Hospital
in Stafford, Texas, having a long history, even though she was very
young, of her commitment as a nurse to medical care. This young woman
did not have a chance because of this enormous strain that does not
have a high survival rate. It is treatment, is hormone- and gene-based
strains, and it has, as I said, a difficult time of survival.
Mr. DICKS. Will the gentlelady yield?
Ms. JACKSON LEE of Texas. I yield to the gentleman from Washington.
Mr. DICKS. I appreciate the sincerity and the gentlelady's commitment
to these programs. I have been a supporter of these programs over the
years. Triple-negative breast cancer is a very, very aggressive and
difficult type of cancer. As the Department goes through its work,
peer-reviewed research, we will bring this up next year in our hearings
and ask them what they're doing about this.
Ms. JACKSON LEE of Texas. I appreciate it.
Let me just say, breast cancer accounts for one in four cancer
diagnoses among women. The American Cancer Society estimates that in
2011, more than 26,000 African American women will be diagnosed with
breast cancer and another 6,000 will die. This impacts all women, of
all backgrounds, and my interest is to make sure that every subset has
a seat at the table, Chairman Young, so that no matter what ethnic
background you come from, you will not, in essence, suffer the
opportunity for full research.
My amendment was $500,000. It is in tribute to the honor and the
leadership and the life of Yolanda Williams. I would like to ask my
colleagues here on the Appropriations Committee to allow me to engage
with you and to possibly modify, as we go forward, language to just say
that this money will be available for difficult strains of cancer so
that her life will be honored and that we would be able to move
forward.
In conclusion, I would indicate that I had the privilege and honor of
paying tribute to Ms. Williams at her home-going service. I want to
offer to her family again, her husband, her children, her mother and
all her family members, my deepest sympathy for this valiant American
woman. With that, I know that we will work together.
Mr. Chair, I rise today in support of my amendment #67 to H.R. 2219,
the ``FY2012 Department of Defense Appropriations Act.'' My amendment
would increase funding under Title VI Defense Health Programs by
$500,000 in order to fund research related to triple negative breast
cancer, and will be offset by reducing the general operations and
maintenances and activities of the Department of Defense.
Triple negative breast cancer is a specific strain of breast cancer
for which no targeted treatment is available. The American Cancer
Society calls this particular strain of breast cancer ``an aggressive
subtype associated with lower survival rates.'' I offer this amendment
to increase funding for research in order to develop a targeted
treatment for the triple negative breast cancer strain. Breast cancers
with specific, targeted treatment methods, such as hormone and gene
based strains, have higher survival rates than the triple negative
subtype, highlighting the need for a targeted treatment.
Breast cancer accounts for 1 in 4 cancer diagnoses among women in
this country. It is also the most commonly diagnosed cancer among
African American women. The American Cancer Society estimates that in
2011, more than 26,000 African American women will be diagnosed with
breast cancer, and another 6,000 will die from the disease.

[[Page H4601]]

Between 2002 and 2007, African American women suffered a 39 percent
higher death rate from breast cancer than other groups. African
American women are also 12 percent less likely to survive five years
after a breast cancer diagnosis. One reason for this disparity is that
African American women are disproportionally affected by triple
negative breast cancer. More than 30 percent of all breast cancer
diagnoses in African American are of the triple negative variety. Black
women are far more susceptible to this dangerous subtype than white or
Hispanic women.
Mr. Chairman, last month, I spoke at a funeral for Yolanda Williams,
one of my constituents in the 18th Congressional District of Texas.
Yolanda died from her battle with triple negative breast cancer. Like
many other women who are diagnosed with this aggressive strain, she did
not respond to treatment. Yolanda, wife and mother of two daughters,
was only 44 years old.
This strain of breast cancer is not only more aggressive, it is also
harder to detect, and more likely to recur than other types. Because
triple negative breast cancer is difficult to detect, it often
metastasizes to other parts of the body before diagnosis. Seventy
percent of women with metastatic triple negative breast cancer do not
live more than five years after being diagnosed.
Research institutions all over the nation have started to focus on
this dangerous strain of breast cancer. In my home city of Houston,
Baylor College of Medicine has its best and brightest minds working
tirelessly to develop a targeted treatment for the triple negative
breast cancer subtype. It is time for the Department of Defense to
follow that example and commit additional funding to study the triple
negative strain.
I urge my colleagues to join me in protecting women across the nation
from this deadly form of breast cancer by supporting my amendment.
I ask unanimous consent to withdraw the amendment.
The Acting CHAIR. Without objection, the amendment is withdrawn.
There was no objection.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Operation and Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Army Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$3,047,033,000.

Operation and Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Navy Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of
services, supplies, and equipment; and communications,
$1,323,134,000.

Operation and Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Marine Corps Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $271,443,000.

Operation and Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization,
and administration, of the Air Force Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and
communications, $3,310,459,000.

Operation and Maintenance, Army National Guard

For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $6,979,232,000.

Operation and Maintenance, Air National Guard

For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities;
transportation of things, hire of passenger motor vehicles;
supplying and equipping the Air National Guard, as authorized
by law; expenses for repair, modification, maintenance, and
issue of supplies and equipment, including those furnished
from stocks under the control of agencies of the Department
of Defense; travel expenses (other than mileage) on the same
basis as authorized by law for Air National Guard personnel
on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau, $6,094,380,000.

United States Court of Appeals for the Armed Forces

For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $13,861,000, of which
not to exceed $5,000 may be used for official representation
purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $346,031,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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
provided elsewhere in this Act.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $308,668,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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
provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $525,453,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations 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 provided elsewhere in this
Act.

Environmental Restoration, Defense-Wide

(including transfer of funds)

For the Department of Defense, $10,716,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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
provided elsewhere in this Act.

[[Page H4602]]

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $276,495,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris at
sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations 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
provided elsewhere in this Act.

Overseas Humanitarian, Disaster, and Civic Aid

For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 407, 2557, and 2561 of title 10, United States Code),
$107,662,000, to remain available until September 30, 2013.

Cooperative Threat Reduction Account

For assistance to the republics of the former Soviet Union
and, with appropriate authorization by the Department of
Defense and Department of State, to countries outside of the
former Soviet Union, including assistance provided by
contract or by grants, for facilitating the elimination and
the safe and secure transportation and storage of nuclear,
chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and
weapon-related technology and expertise; for programs
relating to the training and support of defense and military
personnel for demilitarization and protection of weapons,
weapons components and weapons technology and expertise, and
for defense and military contacts, $508,219,000, to remain
available until September 30, 2014.

Department of Defense Acquisition Workforce Development Fund

For the Department of Defense Acquisition Workforce
Development Fund, $105,501,000.

TITLE III

PROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$6,487,481,000, to remain available for obligation until
September 30, 2014.

Missile Procurement, Army

For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,464,223,000, to remain available for obligation until
September 30, 2014.

Procurement of Weapons and Tracked Combat Vehicles, Army

For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,178,886,000, to remain available for
obligation until September 30, 2014.

Procurement of Ammunition, Army

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$1,952,625,000, to remain available for obligation until
September 30, 2014.

Other Procurement, Army

For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked
combat vehicles; the purchase of passenger motor vehicles for
replacement only; communications and electronic equipment;
other support equipment; spare parts, ordnance, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$9,371,952,000, to remain available for obligation until
September 30, 2014.

Aircraft Procurement, Navy

For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $17,804,750,000, to remain available
for obligation until September 30, 2014.

Weapons Procurement, Navy

For construction, procurement, production, modification,
and modernization of missiles, torpedoes, other weapons, and
related support equipment including spare parts, and
accessories therefor; expansion of public and private plants,
including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway,
$2,975,749,000, to remain available for obligation until
September 30, 2014.

Procurement of Ammunition, Navy and Marine Corps

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$633,048,000, to remain available for obligation until
September 30, 2014.

Shipbuilding and Conversion, Navy

For expenses necessary for the construction, acquisition,
or conversion of vessels as authorized by law, including
armor and armament thereof, plant equipment, appliances, and
machine tools and installation thereof in public and private
plants; reserve plant and Government and contractor-owned
equipment layaway; procurement of critical, long lead time
components and designs for vessels to be constructed or
converted in the future; and expansion of public and private
plants, including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $554,798,000;
Virginia Class Submarine, $3,221,314,000;
Virginia Class Submarine (AP), $1,461,361,000;
CVN Refueling (AP), $529,652,000;
DDG-1000, $453,727,000;
DDG-51, $1,978,314,000;
DDG-51 (AP), 100,723,000;
Littoral Combat Ship, $1,755,093,000;
LHA Replacement, $1,999,191,000;
LPD-17, $1,833,444,000;
Joint High Speed Vessel, $185,106,000;
Oceanographic Ships, $89,000,000;
Moored Training Ship (AP), $131,200,000;
Service Craft, $3,863,000;
LCAC Service Life Extension Program, $84,076,000;
For outfitting, post delivery, conversions, and first
destination transportation, $270,639,000; and
Completion of Prior Year Shipbuilding Programs,
$73,992,000.
In all: $14,725,493,000, to remain available for obligation
until September 30, 2016: Provided, That additional
obligations may be incurred after September 30, 2016, for
engineering services, tests, evaluations, and other

[[Page H4603]]

such budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the
funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities
for the construction of major components of such vessel:
Provided further, That none of the funds provided under this
heading shall be used for the construction of any naval
vessel in foreign shipyards.

Other Procurement, Navy

For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy
ordnance (except ordnance for new aircraft, new ships, and
ships authorized for conversion); the purchase of passenger
motor vehicles for replacement only; expansion of public and
private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$5,996,459,000, to remain available for obligation until
September 30, 2014.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture,
and modification of missiles, armament, military equipment,
spare parts, and accessories therefor; plant equipment,
appliances, and machine tools, and installation thereof in
public and private plants; reserve plant and Government and
contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of passenger motor vehicles for
replacement only; and expansion of public and private plants,
including land necessary therefor, and such lands and
interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title,
$1,453,602,000, to remain available for obligation until
September 30, 2014.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft
and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts,
and accessories therefor; specialized equipment; expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$13,987,613,000, to remain available for obligation until
September 30, 2014.

Missile Procurement, Air Force

For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment,
including spare parts and accessories therefor, ground
handling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes including rents and transportation of things,
$5,689,998,000, to remain available for obligation until
September 30, 2014.

Procurement of Ammunition, Air Force

For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities, authorized
by section 2854 of title 10, United States Code, and the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$522,565,000, to remain available for obligation until
September 30, 2014.

Other Procurement, Air Force

For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground
electronic and communication equipment), and supplies,
materials, and spare parts therefor, not otherwise provided
for; the purchase of passenger motor vehicles for replacement
only; lease of passenger motor vehicles; and expansion of
public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $17,260,619,000, to remain available for obligation
until September 30, 2014.

Procurement, Defense-Wide

For expenses of activities and agencies of the Department
of Defense (other than the military departments) necessary
for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise
provided for; the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants,
equipment, and installation thereof in such plants, erection
of structures, and acquisition of land for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway, $5,046,447,000, to remain
available for obligation until September 30, 2014.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$29,964,000, to remain available until expended.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test and Evaluation, Army

{time} 1520

Amendment No. 24 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 30, line 11, after the dollar amount insert ``(reduced
by $25,798,000)''.
Page 161, line 12, after the dollar amount insert
``(increased by $25,798,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. This amendment eliminates both the
Environmental Quality Technology Research account and the management
support set to accompany that research under the Department of Army,
sending $25.7 million to the spending reduction account.
Much of the research conducted by the Army is of merit and deserves
the funding provided. Without some of these research programs, we would
not have many of the technologies that protect our servicemembers and
make them more effective soldiers. However, I do not see the need for
the Army to conduct research on technologies pertaining to
environmental quality. This type of research would be best conducted in
the university or in the private sector.
Asking the Army to research something that does not directly coincide
with their direct mission is imprudent, and these funds would be better
used in reducing the burden of debt on our Nation.
I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. The Army's environmental research program develops
technologies that support the long-term sustainment of Army training
and testing activities by improving the Army's ability to comply with
the requirements of Federal, State, and local environmental and health
laws and reducing the cost of this compliance.
The program develops technologies to decontaminate or neutralize Army
unique hazardous and toxic waste at sites containing waste ammunition,
explosives, heavy metals, propellants, chemical munitions, and other
organic contaminants. This research concentrates on technology to avoid
the potential for future hazardous waste problems by reducing hazardous
waste generation through process modification and control, materials
recycling, and substitution.
This program also supports military readiness by developing
technologies to predict and mitigate range and maneuver constraints
associated with current and emerging weapon systems, doctrine, and
regulations. This program supports both DOD and environmental
stewardship and military requirements. Therefore, I urge my colleagues
to reject the gentleman's amendment.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.

[[Page H4604]]

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, the Army budget documents
submitted to the committee during our lengthy hearing process--and they
were lengthy--stated that funding in the request for this purpose is to
support the long-term sustainment of Army training and testing
activities by improving the Army's ability to comply with requirements
mandated by Federal, State, and local environmental laws.
In other words, what we're dealing with here is an issue that the
military is mandated to comply with by existing law.
We have already--and I said this before, and I'm going to say it
again probably numerous times today--we have already reduced the
President's budget request for the defense bill for fiscal year 2012 by
$9 billion. It wasn't easy. We made a lot of cuts, and I just don't
think that we should take this cut. And so I object and I oppose this
amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The amendment was rejected.

Amendment No. 25 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 30, line 11, after the dollar amount insert ``(reduced
by $22,796,000)''.
Page 161, line 12, after the dollar amount insert
``(increased by $22,796,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, my amendment zeroes out the HIV
research RDT&E funding under the Department of Army, moving $22.7
million to the spending reduction account. Again, here we see research
being conducted by a military that does not focus on the core mission
of national security.
HIV research is being conducted in my home State of Georgia at the
Centers for Disease Control, as well as at the National Institutes of
Health. It is this type of duplication the American people have
demanded that Congress eliminate.
This may mean agencies and departments coordinating more effectively
to share information, but we must all work together, more sufficiently
in the name of reduced spending. I urge support of this amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. HIV poses a threat to military personnel in terms of
readiness and force protection, and may affect the stability and
security of many nation states.
American troops deployed to areas of the world such as sub-Saharan
Africa and Asia face an increased risk of exposure to the HIV virus.
Targeted research into prevention of infection, treatment, and cures is
needed to reduce this threat to U.S. military personnel, protect U.S.
military readiness, and decrease treatment costs for the Department of
Defense health infrastructure.
The bill provides a total of $24 million above the request, including
$8 million in the defense health program and $16 million in Research,
Development, Test and Evaluation, Army, related to HIV/AIDS research.
This funding will enhance efforts to prevent new HIV infections in the
military, develop better tests and treatment options for military
personnel and health care beneficiaries, and provide for a
comprehensive program of research and development on preventive HIV
vaccines. I urge my colleagues to reject this amendment.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to the
amendment, which would eliminate all of the funds for the Army's
military HIV research program.
Since 1986, the military has recognized the HIV epidemic as a threat
to U.S. and allied forces worldwide, and this program has evolved to
become an important international partner in efforts to combat this
disease. With over 33 million infections worldwide, HIV poses a
significant threat to our own military who are serving our Nation
throughout the world.
Additionally, HIV has been identified as a national security priority
in the President's national security strategy since 2002.

{time} 1530

Previous funding for the Military HIV Research Program has helped
ensure a safe blood supply for our warfighters. More recently, funding
has supported the first vaccine clinical trial, which showed a
reduction in the risk of HIV infections to humans.
This funding for the Military HIV Research Program will continue to
support the development of an HIV vaccine, ensure accurate HIV testing
for the Army, track the prevalence of HIV in the military population,
and assess the risk of HIV exposure to U.S. and allied forces deployed
overseas.
This amendment would eliminate all $22.8 million of funds for this
very important Army program, and so I must oppose the amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The amendment was rejected.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $17,798,950,000, to remain
available for obligation until September 30, 2013: Provided,
That funds appropriated in this paragraph which are available
for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces: Provided
further, That funds appropriated in this paragraph shall be
available for the Cobra Judy program.

Amendment No. 26 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 30, line 18, after the dollar amount insert ``(reduced
by $21,714,000)''.
Page 161, line 12, after the dollar amount insert
``(increased by $21,714,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, my amendment eliminates the
environmental protection research under the Department of the Navy,
sending $21.7 million to the spending reduction account. Again, we see
research being conducted that is not directly related to the Armed
Forces' mission, which could and should be conducted elsewhere.
Currently, the Department of Energy, EPA, Department of the Interior,
and NASA are all conducting similar environmental protection research
like the Department of Defense. This is yet another example of
duplicative programs conducting duplicative research. Instead, let's
free up the Navy to research technologies that fulfill their
constitutional obligation of providing for the common defense of our
Nation and its citizens, while decreasing unnecessary spending.
I urge support of this amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. Many environmental laws, regulations, and policies impose
restrictions on Navy vessels, aircraft, and facilities that would
impede Navy operations if not met. The Navy must be able to conduct its
national security mission in compliance with applicable environmental
requirements in the U.S. and abroad without compromising performance,
safety, or health, while simultaneously minimizing the cost of
compliance.
This program develops and evaluates processes, hardware, systems, and
operational procedures which allow the Navy to operate in U.S.,
foreign, and international waters, air, space, and

[[Page H4605]]

land areas while complying with environmental laws, regulations,
Executive orders, policies, and international agreements. Projects
funded in this program support Navy compliance with the Clean Water
Act, the Act to Prevent Pollution from Ships, the International
Convention for the Prevention of Pollution from Ships, and numerous
others.
I come from an area where the Navy operates very effectively in the
State of Washington, and these kinds of onboard waste disposal are
absolutely critical; because when you serve on a nuclear submarine, you
are out there for many, many days, and you have got to have things
onboard ship as well to deal with these kinds of problems.
So I think this is in the best interests of the Navy, and I urge a
``no'' on the gentleman's amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The amendment was rejected.

Amendment No. 21 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 30, line 18, after the dollar amount insert ``(reduced
by $9,140,000)''.
Page 31, line 17, after the dollar amount insert
``(increased by $9,140,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, my amendment would eliminate the
Navy's funding for NATO research and development and transfer $9.1
million to the Israeli Cooperative Program.
The Secretary of Defense has gone on record stating that, and I
quote, ``The NATO alliance has been used by many European nations as a
means to subsidize their own defense spending with U.S. taxpayer
money.'' I cannot agree more with the Secretary. Many members of NATO
refuse to bear their share of the cost and risk.
Instead, Mr. Chairman, we should invest our valuable research dollars
in an ally who is more than willing to pull its weight and take the
fight to the enemy. The Israeli Cooperative Program is a ballistic
missile program comanaged by Israel and the United States that will
ensure the capability of our two missile defense programs.
Mr. Chairman, we have never had a greater need for missile defense,
not only in this Nation, but in the Middle East with our great ally
Israel. We have no greater ally in the Middle East than Israel. And our
research programs should reflect our commitment to those allies who
stand ready and willing to partner with us to protect our mutual
interests. This would strengthen that mutual interest and strengthen
that partnership.
Mr. Chairman, I urge support of this amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. NATO funding in this bill should not be curtailed because
the U.S. and the NATO nations are one another's closest partners, and
the NATO alliance has been a vital and successful part of U.S. foreign
policy dating back to its formation in 1949. While the alliance must
evolve in light of changing world events, there is no other practical
option to structure U.S. strategic and security cooperation with our
European allies.
For all NATO nations, the alliance allows for security capabilities
and a structure to control operations that the allies on their own
could not afford to maintain. Active participation in NATO also allows
the U.S. to pursue defenses against emerging threats, such as
implementation of improved missile defense capabilities. To maintain
its commitment to NATO, the U.S. must continue to contribute funding to
NATO programs.
I urge my colleagues to vote ``no'' on this amendment.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I rise in opposition to this
amendment.
NATO has been a very, very important part of keeping peace in the
world. Are there some changes that might be necessary in NATO as we see
the world unfold and the world develop differently? Maybe so. But it
should not be done in a hit-or-miss, helter-skelter way.
Mr. Dicks and I, as the leaders of the Defense Appropriations
Committee, have already had several lengthy meetings on this subject.
And we have agreed that following the completion of this fiscal year's
Defense appropriations bill, we plan to hold hearings and look
thoroughly into what we see as the role of NATO today, tomorrow, and
next year. But in the meantime, it's important that we don't do any
serious damage to NATO, which is probably one of the most effective
international organizations at maintaining peace that we have in the
world. So I must object to the gentleman's amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. 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 Georgia will
be postponed.

{time} 1540

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

Research, Development, Test and Evaluation, Air Force

Amendment Offered by Mr. Welch

Mr. WELCH. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 6, after the dollar amount, insert ``(reduced
by $297,023,000)''.
Page 161, line 12, after the dollar amount, insert
``(increased by $297,023,000)''.

The Acting CHAIR. The gentleman from Vermont is recognized for 5
minutes.
Mr. WELCH. Mr. Chairman, as you know, to govern is to choose. To
write a budget is where governing makes choices.
My amendment raises the question as to whether or not spending $297
million for research in the next generation of fighter is the right
choice to make at this time.
Mr. DICKS. Will the gentleman yield?
Mr. WELCH. I yield to the gentleman from Washington.
Mr. DICKS. It's not a fighter; it's a bomber.
Mr. WELCH. Bomber, yes.
Mr. DICKS. It's a much different type of airplane.
Mr. WELCH. I misspoke. The gentleman is correct--$297 million for the
next generation of bomber. Is that the right choice?
Here's the question: Number one, it may be desirable, but is it
affordable? The Office of Management and Budget did not include this as
a recommendation in the budget, nor did the President, who is charged
more than anyone else in this country with our national defense. We
have the right, as a Congress, and the constitutional responsibility to
make our own judgments.
Mr. Dicks does a great job at that, as does Mr. Young.
But we have to ask the question as to whether or not, when our Office
of Management and Budget, our House Armed Services Committee both say
that the current fleet of bombers--bombers, Mr. Dicks--is functioning
very well, can we afford at this time $297 million for additional
research?
Now, the question is, it may be desirable but is it affordable when
we have this horrendous budget squeeze that we know is dividing this
Congress because we have to make some very tough choices in the future.
The second question that comes up is whether something that may be
desirable comes at a cost that is unacceptable. Now, the Defense budget
is large,

[[Page H4606]]

unnecessarily so; but it is the one item of spending that has been
exempt from cuts.
The Environmental Protection Agency is going to be down 15 percent,
NASA down 10 percent. Yet the spending increase in the Pentagon is
going to be substantial despite the enormous budget pressures in this
ongoing, very serious debate we are having about revenues and taxes
that embraces both sides of the aisle.
The third question is if it's necessary, is there some burden on
those who have the responsibility of overseeing taxpayer dollars in the
Defense budget to poke around and find that $300 million somewhere else
in a nearly $700 billion budget?
So those are the questions. It's not a direct assertion that we must
suspend forever research on the next generation of bombers, but it is
asking those questions in this time: Just because something is
desirable, does that make it affordable?
If it's desirable, at what cost does it come and, if it's necessary,
are there other places in a $700 billion budget that we can find this
$300 million to do research that will allow us to proceed, and that's
what this amendment asks. It says tough choices for America have to
begin here, and they have to include tough choices within the Pentagon
budget.
I yield back the balance of my time.
Mr. DICKS. I rise in very strong opposition to the gentleman's
amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. First of all, I have to again correct the record here that
the President of the United States, OMB and Defense Department
requested $197 million.
Our committee held hearings with the Air Force and found, from a lot
of dialogue with the three companies that are competing, that we might
be able to accelerate this bomber replacement program if we could get
an additional $100 million. So the President requested $197 million,
and we added $100 million to that because we see that this program is
vitally important.
Now, I led the fight many years ago in the House on the B-2 bomber,
and my colleagues got very tired of listening to me on this. But we
started with that program at 125 bombers, and we wound up with only 20.
So we need another stealth bomber, which can reach around the world as
we have seen the B-2 do just recently.
This is a very high priority of the Air Force. I mean, next to
tankers, the replacement of the bomber and along with the Joint Strike
Fighter, are going to be the top priorities for the Air Force. So this
would be a catastrophic blow to terminate this program.
And though I have the greatest respect for the gentleman from
Vermont, I would say that I would stay with the committee, which
unanimously supported this program, has always supported modernization
of our strategic bombers and our strategic modernization of our
submarines, which are two of the major issues that our committee is
dealing with.
So, again, I urge a ``no'' vote on this amendment.
I yield back the balance of my time.
Mr. YOUNG of Florida. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Mr. Chairman, I rise in very strong opposition
to this amendment.
I have suggested so many times that I would not do anything, produce
any bill or support any bill, that negatively affects our soldiers or
that negatively our affects readiness.
Well, this bomber is a long time from production because it takes
time to develop a new bomber due to the nature of that vehicle. But by
the time it gets online, we are going to need the new bomber because
the old bombers are going to be old.
Now, without going into all the details that Mr. Dicks did, and he
did a very good job of explaining in detail why this new bomber is
needed, just let me relate a story that happened to me as a freshman
and a member of the Armed Services Committee after a lengthy hearing
with the United States Marine Corps.
This very, very distinguished, very powerful-looking marine came to
me after the hearing and he said, listen, son--he called me son back in
those days--he said, listen, son, we marines will go anywhere to fight
any war our country sends us to. We will fight on the beach, we will
fight on the sea, we will fight in the hills, we will fight in the
jungle. Just promise me that as a Member of Congress you will do
everything in your power to make sure that any airplane that flies over
the battlefield is an American airplane. You can certainly understand
why the troops on the battlefield would want that to be the case, why
he would want that bomber flying overhead to be an American, why he
would want that fighter flying overhead to be an American, why he would
want that strike fighter flying over the battlefield to be an American.
It just makes good common sense that if you are going to send troops to
war, make sure that the aircraft that fly over the battlefield belong
to us and not to the enemy.
And, having said that, I again say I strongly oppose this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Vermont (Mr. Welch).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. WELCH. 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 Vermont will
be postponed.

{time} 1550

Amendment No. 22 Offered by Mr. Broun of Georgia

Mr. BROUN of Georgia. 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 31, line 6, after the dollar amount insert ``(reduced
by $4,424,00)''.
Page 31, line 17, after the dollar amount insert
``(increased by $4,424,000)''.

The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. BROUN of Georgia. Mr. Chairman, this amendment is nearly
identical to the amendment that transfers NATO research to U.S.-Israeli
missile defense. This one simply takes the $4.4 million in the Air
Force's NATO R&D program and places those funds in the Israeli
Cooperative Program for Israel and the United States, who are
cooperating to develop a missile defense system that will help them
and, as well, help us.
We must stand by Israel now and always. My amendment makes a positive
step towards growing our relationship and solidifying security in the
Middle East. It will help Israel, but it will help the United States
also.
I urge my colleagues to support my amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. NATO funding in this bill should not be curtailed because
the United States and the NATO nations are one another's closest
partners, and the NATO alliance has been a vital and successful part of
U.S. foreign policy dating back to the formation in 1949 during the
Truman administration. While the alliance must evolve in light of
changing world events, there is no other practical option to structure
U.S. strategic and security cooperation with our European allies.
For all NATO nations, the alliance allows for security capabilities
and a structure to control operations that the allies on their own
could not afford or maintain. Active participation in NATO also allows
the U.S. to pursue defenses against emerging threats such as
implementation of improved missile defense capabilities.
To maintain its commitment to NATO, the United States must continue
its contribution to all aspects of the NATO program, including research
and development activities.
I urge my colleagues to vote ``no'' on this amendment.
I yield back the balance of my time.
Mr. FRELINGHUYSEN. I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.

[[Page H4607]]

Mr. FRELINGHUYSEN. I associate my remarks with the ranking member
from Washington State in opposing this amendment.
NATO is a strong ally. We have a multiple-year generational
commitment to NATO. We do a lot of joint projects, a lot of research
and development that is jointly developed, and we need their support
and they need our support.
I rise in opposition to Mr. Broun's amendment.
I yield back the balance of my time.
Mr. NADLER. I move to strike the last word, Mr. Chairman.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. NADLER. Mr. Chairman, I rise in support of this amendment. I
think it is a very good amendment offered by the gentleman from
Georgia.
And while I certainly concur with the words of the distinguished
ranking member of the committee and the earlier words of the chairman
for how important NATO is, the fact of the matter is that, as Defense
Secretary Gates told us a couple of weeks ago, the European members of
NATO are not pulling their weight. They're not spending the kind of
money that we are spending. They're not spending the kind of money that
Israel is spending on their own defense. They're not putting in very
much effort at all. We're carrying the burden.
And the fact of the matter is, as we're seeing in Libya where they're
running out of ammunition after a couple weeks' fighting with a nothing
power, NATO, or at least the European allies, simply aren't spending
money. They're relying on us to do it. They ought to get used to
spending a little of their own money on this.
The fact of the matter is that Israel is spending 7\1/2\ percent of
its GDP on the military. She has to because she is the object of the
Iranians and others who want to destroy her. And we are getting our
money's worth because Israel's technical expertise in antimissile
defenses in the Iron Dome, which we are helping with, is feeding back
to us.
So switching these funds from NATO to Israel will benefit the United
States in terms of antimissile technology; will benefit Israel, which
is putting in 7\1/2\ percent of GDP; and may give a little more weight
to Secretary Gates' words when he says to the European members of NATO
that if they want to pull their weight, they ought to start pulling
their weight and spending a little more money instead of--I think
they're spending under 2 percent of GDP for defense now. And if they
want to be allies of the United States, which we need them to be and
which they should be, it can't be a one-way alliance.
This amendment will help Israel, will help us, will help the cause of
opposing terrorism generally, and send a little message to the European
allies: Maybe you ought to start thinking, if you're going to pull your
weight in NATO, pull your weight in NATO.
Mr. BROUN of Georgia. Will the gentleman yield?
Mr. NADLER. I yield to the gentleman from Georgia.
Mr. BROUN of Georgia. I thank the gentleman for yielding. I
appreciate his support of this amendment.
And I will remind Members that Iran is developing short-range,
medium-range as well as long-range missile technology, as well as it is
developing a nuclear weapon. We have never needed this kind of joint
research with the Israelis to help prevent not only a missile attack or
further missile attacks on Israel, which they get every day, but we
need, for our own defense, to put more money into this instead of
supporting NATO.
I think this is extremely important that we plus up this missile
defense research for Israel, for our own selves, and I thank the
gentleman for supporting the amendment.
Mr. NADLER. Reclaiming my time, to sum up, this helps the Israelis;
it helps the United States; it helps the general security; and it sends
the message to the European allies they should start looking into maybe
putting some real effort into NATO, which they haven't been doing in
recent years, as our Secretary of Defense Gates said recently.
Let's support Secretary of the Department of Defense Gates and let's
get them to start making a little effort and send them a little message
here.
So I support the gentleman's amendment.
Mr. BROUN of Georgia. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Georgia (Mr. Broun).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. BROUN of Georgia. 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 Georgia will
be postponed.
The Clerk will read.
The Clerk read as follows:

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, $19,324,865,000, to
remain available for obligation until September 30, 2013.

Amendment Offered by Mr. Stearns

Mr. STEARNS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 17, after the dollar amount, insert
``(reduced by $16,000,000)''.
Page 33, line 18, after the dollar amount, insert
``(increased by $16,000,000)''.
Page 34, line 1, after the dollar amount, insert
``(increased by $16,000,000)''.

The Acting CHAIR. The gentleman from Florida is recognized for 5
minutes.
Mr. STEARNS. Mr. Chairman, this is a very simple amendment.
Basically, I am taking 16 million, not billion, $16 million from a part
of the Department of Defense budget, which is called defense-wide
appropriations, where there's almost 20 billion. So I'm asking to take
roughly .0008, or .08 percent, from this defense-wide appropriations
which is used for other than military departments. So it is not even
applicable to the Army, Navy, and Air Force, not the military
departments, but it is used by the Secretary of Defense for the
maintenance, lease, and operation of facilities and equipment. And what
I'm doing is taking this $16 million and I'm transferring it to the
Peer-Reviewed Prostate Cancer Research Program.
Funding levels, my colleagues, for this program, has gone down
dramatically since 2001. Right now, it's funded at $64 million. It was
funded in 2001 at 100. It has continually come down and down and down.
So I'm not asking to take it up to the 2001 level; I'm just asking to
take it up to perhaps what it was in 2005.

{time} 1600

I think, without going into all of the details, this is a very wise
move because funding levels for this program have continually
decreased, yet prostate cancer is the second-leading cause of male
cancer-related death in the United States, with an estimated 27,360
casualties just last year. There are no noticeable symptoms in early
stages. The use of widespread testing, however, has led to 9 out of 10
cases of early detection. That is why this very paltry amount of $16
million in funding would be better spent for prostate cancer research
for our military than abroad.
According to the Prostate Cancer Research Program, the PCRP, active
duty males are twice as likely to develop prostate cancer than their
civilian counterparts. Research funded by the PCRP advances treatment
and procedures for warfighters exposed to chemical weapons, soldiers
exposed to chemical agents such as Agent Orange, and those exposed to
depleted uranium. Congress has consistently supported funding levels of
over $80 million annually for this important cause, yet it is only
funded at $64 million.
The PCRP funds innovative high-risk, high-reward research projects
supporting basic and clinical research in both the individual and
multidisciplinary collaborative group setting. Funding for the PCRP
enables research to advance faster and to be better prepared to apply
for future funding from the National Institute of Health or to advance
clinical trials. Unlike any

[[Page H4608]]

other Federal cancer research programs, any other, the PCRP award
review panels are made up of the country's top researchers and prostate
cancer survivors, together making sure that innovative ideas rapidly
benefit all men and families burdened by this disease.
In 2010, the PCRP, along with the Clinical Consortium, helped
shepherd two new drugs through clinical trials. Both drugs are designed
to prolong a man's life with prostate cancer. These drugs moved through
the clinical trials process and have made their way to the bedside of
men dying from prostate cancer to extend their lives. This public-
private partnership is an incredible way to maximize productivity of
government funded and privately funded medical research.
So I ask my colleagues to support my simple amendment to transfer $16
million from defense-wide appropriation, which is other than military
which they use presently for maintenance, lease, operational facilities
and equipment, and it represents a 0.08 percent reduction of this other
military-wide funding.
With that, Mr. Chairman, I include the letter to me regarding the
Department of Defense Prostate Cancer Research Program from the
Prostate Cancer Foundation for the Record.

Prostate Cancer Foundation,

Santa Monica, CA, July 6, 2011.
Hon. Cliff Stearns,
House of Representatives, Rayburn House Office Building,
Washington, DC.
Dear Congressman Stearns: Founded in 1993, the Prostate
Cancer Foundation (PCF) has raised more than $450 million to
fund more than 1,500 prostate cancer research programs at
nearly 200 research centers in 12 countries. Our research
enterprise aims to improve prostate cancer prevention,
diagnosis, and treatment for the more than 16 million men and
their families battling prostate cancer worldwide. PCF also
serves as a primary source for new standard-of-care and
research information.
Prostate cancer poses a substantial public health burden in
America. A total of 240,890 new cases of prostate cancer and
33,720 deaths from the disease are anticipated in the United
States in 2011, making it the most frequent nondermatologic
cancer among U.S. males. A man's lifetime risk of prostate
cancer is one in six. Prostate cancer is the second leading
cause of cancer death in men, exceeded only by lung cancer.
At this time, the Prostate Cancer Foundation would like to
express our strong support for increasing the $64 million
provided for the Department of Defense's Prostate Cancer
Research Program (DoD PCRP) by the fiscal year 2012 Defense
Appropriations Act, H.R. 2219 by an additional $16 million.
Without this addition, the 20% decrease from the fiscal year
2011 $80 million appropriation would effectively return the
DoD PCRP funding level to what it was ten years ago. This
decrease will mean that we lose hundreds of thousands of
American lives to lethal prostate cancer in the next few
years.
In a unique public-private partnership with the Prostate
Cancer Foundation, the Department of Defense Prostate Cancer
Research Program co-sponsors the Prostate Cancer Clinical
Trials Network (PCCTC), which is the world's most
comprehensive ``first in man'' phase I/II clinical trials
group for prostate cancer composed of 13 Centers of
Excellence in genitourinary oncology. The Consortium has
helped to bring to market 2 new medicines for men with
advanced prostate cancer that were approved by the FDA in
2010-11: namely, XGEVA^TM (denosumab)--Amgen Inc.
and ZYTIGA^TM (abiraterone acetate)--Johnson &
Johnson. More than 2,700 patients have had access to 83
clinical trials since 2005 through the Department of
Defense's sponsorship of this Consortium.
Since 1997, when the DoD PCRP was initiated, about $1.1
billion has been appropriated by Congress and used to fund
more than 2,000 prostate cancer research studies across the
U.S. Since 2006, this program has been funded at $80 million
per year. The Department of Defense Prostate Cancer Research
Program is America's leading undiluted support to find and
fund the best prostate cancer research. The research funded
by DoD PCRP has led to many dramatic improvements in our
Nation's prostate health, from decreases in deaths due to
prostate cancer to increased life expectancy for men facing
terminal diagnoses.
Today, continued life-saving progress for prostate cancer
patients is threatened because of the possibility of
decreased funding through the Department of Defense Prostate
Cancer Research Program. The funding for the Department of
Defense Prostate Cancer Research Program is not duplicative
with funding at the National Cancer Institute. While PCF
understands and appreciates the budgetary constraints
currently facing our Nation, PCF also believes that advances
in prostate cancer research must remain a very high national
priority.
Critical funding is needed in order to maintain clinical
and translational research that will lead to the development
of new cancer therapies and technologies that will help
prostate cancer patients. On behalf the Prostate Cancer
Foundation, our Board of Directors, and the two million men
and their families battling prostate cancer in America, I
urge you to restore funding for the Department of Defense
Prostate Cancer Research Program at $80 million per year in
fiscal year 2012.
Thank you for your careful consideration of this important
request.
Sincerely,
Jonathan W. Simons, MD,
President and Chief Executive Officer.
David H. Koch,
Chair.
____

The Prostate Cancer Clinical

Trials Consortium,

New York, NY, July 5, 2011.
Prostate Cancer Foundation Board of Directors,
Fourth Street,
Santa Monica, CA.
Ladies and Gentlemen of the Board: The Prostate Cancer
Clinical Trials Consortium (PCCTC) is the nation's premier
prostate cancer clinical research group, established in 2005
in response to unmet needs identified by physician
investigators and prostate cancer advocates. Our
infrastructure, jointly supported by the Prostate Cancer
Foundation (PCF) and appropriations to the U.S. Department of
Defense (DOD) budget via the Congressionally Directed Medical
Research Program (CDMRP), enables the 13 member institutions
to capitalize on their scientific and clinical expertise in
order to fulfill our singular mission: to design, implement
and complete hypothesis-driven early-phase trials of novel
agents and combinations that could prolong the lives of men
with prostate cancer. Crucial to our capacity to turn
scientific discoveries into improved standards of care is the
continued sponsorship of the PCCTC's unique approach to
multi-institutional clinical research.
A model for successful drug co-development, the PCCTC
established an organizational structure that accelerates and
streamlines the clinical research process by facilitating
collaboration between key stakeholders while centralizing
scientific, logistical, and regulatory components of trial
management. To keep the pipeline primed with promising novel
agents, we select and prioritize clinical development
opportunities based on the strength of the science and design
highly informative trials incorporating biomarkers to measure
medically significant results. Moreover, the diverse array of
our expertise including genomics, cancer biology, trial
design and biomarker development, uniquely qualifies PCCTC
investigators to translate discoveries made from highly
innovative prostate cancer research funded by the PCF
beginning in the early 1990s into robust clinical programs.
By addressing the barriers to efficient trial activation
and completion our centralized management of research
activities has affected the progress in prostate cancer
research beyond PCCTC member institutions. Notable
accomplishments include: since inception, the PCCTC has
enrolled over 2700 men--greater than 10% from
disproportionately affected populations--to 90 clinical
trials, evaluating more than 50 therapeutic strategies; PCCTC
designated as the clinical trials group for the NCI-sponsored
Specialized Programs of Research Excellence (SPORE) in
prostate; nearly 25% of early-phase interventional prostate
cancer trials conducted in the U.S. are led by PCCTC
investigators; over 85% of PCCTC trials are activated within
1 year; consortium investigators integral to the development
of the prostate cancer clinical states model, standard
clinical trial endpoints (PCWG2) and Bone Scan Tool for
uniform interpreting and reporting of bone scintigraphy data;
consortium programs have directly led to phase III testing of
eight drugs including MDV3100, tasquinimod, ipilimumab and
the FDA-approved drug abiraterone (Zytiga).
Despite the PCCTC's substantial advances, the threat of
CDMRP funding cutbacks is of great concern to the consortium
and prostate cancer community. With no known substitutes for
the public-private partnership between PCF and DOD, early
withdrawal of funding will drastically compromise our
continued progress. The PCCTC depends on these funds to
execute an expanding portfolio of services which foster the
unprecedented collaboration between investigators and
industry sponsors, strategically positioning us to lead
exciting new programs (e.g., XL184 and ARN-509). Before we
can implement a business model that would allow us to
function independently, these vital resources remain
necessary if we are to attract potential sponsors with our
built-in advisory boards, expedited regulatory processes,
unified contracting and budgeting and our track record of
quickly accruing patients to trials at diverse and reputable
institutions. However, the most significant impact will be on
our ability to impact the lives of men with prostate cancer
without the infrastructure to support the high-risk, high-
reward projects that have become the hallmark of PCCTC
research.
Critical unmet needs in prostate cancer remain. Preserving
the PCCTC's distinctive drug development paradigm allows the
nation's most talented clinical investigators to fulfill our
mission of delivering needed therapies to men with prostate
cancer faster by designing and executing hypothesis-driven
phase I and phase II trials. Your foresight to strategically
support the PCCTC and its investigators from inception of the
organization is commendable. These investments

[[Page H4609]]

originate in many forms and our gratitude for your confidence
and continued support is immense.
Sincerely,
Howard I. Scher, MD; Robert DiPaola, MD; Elisabeth Heath,
MD; Michael A. Carducci, MD; George Wilding, MD; Maha
H. Hussain, MD, FACP; Daniel George, MD; Celestia
Higano, MD, FACP; Walter M. Stadler, MD; Christopher J.
Logothetis, MD; Charles Ryan, MD; Tomasz M. Beer, MD;
Mary-Ellen Taplin, MD.
____

10 Things Everyone Should Know About Prostate Cancer

1. 1 in every 6 men will get prostate cancer sometime in
his life. It was projected that over 192,000 cases were
diagnosed in 2009.
2. The chances of getting prostate cancer are 1 in 3 if you
have just one close relative (father, brother) with the
disease. The risk is 83% with two close relatives. With
three, it's almost a certainty (97%).
3. African-American men are at special risk for the
disease, with the highest rate of prostate cancer in the
world: 1 in 4 men. African American men are 2.5 times more
likely to die from the disease.
4. Prostate cancer is the second-leading cause of male
cancer-related death in the United States. An estimated
27,360 men died from prostate cancer last year.
5. There are no noticeable symptoms of prostate cancer
while it is still in the early stages. This is why getting
tested is so critical.
6. Every man age 45 or over should resolve to be tested
annually. African-American men or those with a family history
of the disease should start annual testing at 40.
7. Before early detection through PSA testing, only 1 in 4
prostate cancer cases were found while still in the early
stages. With the widespread use of testing, about 9 out of 10
cases are now found early--giving men a fighting chance.
8. Nearly 100% of men diagnosed with prostate cancer while
it is still in the early stages are still alive 5 years from
diagnosis*. Of men diagnosed in the late stages of the
disease, 33.4% survive 5 years*.
9. Testing for prostate cancer involves a simple blood test
and a physical exam. It takes about 10 minutes and is covered
by health insurance in many states.
10. Obesity is a significant predictor of prostate cancer
severity. Men with a body mass index over 32.5 have about \1/
3\ greater risk of dying from prostate cancer. Research shows
high cholesterol levels are strongly associated with advanced
prostate cancer.
*Does not include those who died from causes other than
prostate cancer.
All prostate cancer statistics are 2009 estimates reported
by the American Cancer Society.
____

Understanding Prostate Cancer

What is the Prostate?

The prostate gland is part of the male reproductive system;
it produces fluid for semen. The prostate is about the same
size and shape as a walnut, and sits in front of the rectum
and below the bladder, where it surrounds the urethra that
carries urine out from the bladder.

What is Prostate Cancer?

Normally, cells grow and divide in an orderly way.
Sometimes this normal process can go wrong. If abnormal cells
continue to divide, they can form cancer tumors. Prostate
cancer tends to occur in the cells lining the prostate. Its
growth is usually slow and supported by male hormones.
Prostate cancer cells can spread to other parts of the body.
There are no noticeable symptoms of prostate cancer while
it is still in the early stages, which is why testing is so
critical. In more advanced stages, symptoms may include
difficult or frequent urination, blood in the urine or bone
pain.

WHO IS AT RISK?

45 is often considered the age to begin annual prostate
cancer testing. Men at higher risk, such as African-American
men and those with a family history of prostate cancer,
should begin getting tested no later than age 40. All men
should start discussing early detection with their doctors at
age 40.*

TOOLS FOR EARLY DETECTION

The goal of early detection is to find the disease in its
early stages when treatment is most likely to be effective.
There are two widely used tests to aid in the early detection
of prostate cancer.
Blood Test--PSA. This simple blood test measures the level
of protein called prostate-specific antigen (PSA). Normally,
PSA is found in the blood at very low levels. Elevated PSA
readings can be a sign of prostate cancer; however, PSA
levels can be elevated for reasons other than cancer.
Physical Exam--DRE. The digital rectal exam (DRE) is a
simple, safe and only slightly uncomfortable physical exam
performed by your physician.
These exams are usually done together to increase the
accuracy of diagnosis. Although PSA will detect most high-
risk cancers, there can be cancers that will be missed by
this test and can be detected by the physical exam.
* According to the National Comprehensive Cancer Network.
____

Zero, The Project to End

Prostate Cancer,

Washington, DC.
To Whom it May Concern: ZERO--The Project to End Prostate
Cancer is the nation's leading prostate cancer organization
providing advocacy for increased federal funds for life-
saving research, education and free testing. Our goal at ZERO
is to create ``Generation ZERO'' the first generation of men
free from prostate cancer.
One of the government initiatives that we strongly support
is the Congressionally Directed Medical Research Program and
the Prostate Cancer Research Program. The PCRP strives to
conquer prostate cancer by funding medical research that will
eliminate death and suffering from the disease. The PCRP
labors to reach this goal by funding innovative research with
near-term impact, sponsoring multidisciplinary synergistic
research, funding translational studies, investing in
research on patient survivorship and improving quality of
life.
An example of the innovative nature of the PCRP is the
Clinical Trials Consortium. To address the significant
logistical challenges of multicenter clinical research, the
PCRP began support of a clinical trials consortium for rapid
Phase I and Phase II clinical trials of promising new
treatments for prostate cancer.
Since their first PCRP award in 2005, each site has
fulfilled key responsibilities to clinical trails and design
and recruitment. Nearly 70 trials with more than 1,800
patients have taken place, leading to potential treatments
that will soon be at patients' bedsides. Two recently
approved drugs (XGEVA and ZYTIGA) benefited from PCRP funding
and the consortium accelerating their approval time by more
than 2 years.
The Department of Defense Appropriations Act for FY2012
contains a 20 percent cut to the funding of the PCRP. If
enacted, the funding for the PCRP will be cut from $80 to $64
million. This amount would be the lowest amount of funding
the program has received since 1999 when Congress allocated
$50 million to the PCRP.
ZERO requests that the PCRP funding levels for FY2012 be
restored to 2011 levels. Continuing our commitment to
prostate cancer research is crucial to the more than 240,800
men that will be diagnosed and the 33,720 who will die from
prostate cancer in 2011.
With Sincere Appreciation,

Kevin S. Johnson,

SVP Government Relations
and Advocacy.

I yield back the balance of my time.
Mr. FRELINGHUYSEN. Mr. Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. FRELINGHUYSEN. Mr. Chairman, I rise to speak in favor of the
amendment.
I have been very much involved in peer-reviewed prostate cancer
research in my home State. I have certainly made a commitment to that
community to support additional funds. We are willing to accept the
gentleman's amendment.
Mr. DICKS. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
Mr. DICKS. I am so thrilled that the gentleman from Florida has an
amendment that I can support. I join with you, and I urge everyone to
support the gentleman's amendment.
Mr. STEARNS. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Florida.
Mr. STEARNS. I thank the gentleman from Washington.
Oftentimes, I give him an amendment which he has very little time to
look at. Again this happened, but I am very pleased he is supporting my
amendment.
With that, obviously I will not call for a vote. I appreciate the
appropriators supporting my amendment.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Florida (Mr. Stearns).
The amendment was agreed to.

Amendment Offered by Mr. Sessions

Mr. SESSIONS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 31, line 17, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 33, line 18, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 34, line 1, after the dollar amount, insert
``(increased by $10,000,000)''.

The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. SESSIONS. Mr. Chairman, first, I would like to recognize the
gentleman, C.W. ``Bill'' Young, who is a stalwart not only to this
Congress but also to the men and women of the United States military,
for his hard work in support of not only making

[[Page H4610]]

sure our men and women have what they need, but making sure that he
stands behind that, making sure that they get money well spent on
behalf of the taxpayers.
Also, I would like to thank Chairman Hal Rogers and certainly the
gentleman from Washington (Norm Dicks) for their hard work and
dedication and trying to work on traumatic brain injury, known as TBI,
and also posttraumatic stress disorder, PTSD, and to thank all three of
them, and others in this Congress, for their continued support by
increasing funding for TBI and PTSD in this overall bill by $125
million.
While I understand the long-standing practice of the committee for
not designating specific TBI funds, my amendment confirms the House's
support for this amendment which I have offered many times, and
certainly related to TBI in May of this year to the National Defense
Authorization Act of 2011.
Mr. DICKS. Would the gentleman yield?
Mr. SESSIONS. I would yield to the gentleman.
Mr. DICKS. The gentleman explained to me that the $10 million would
not be part of the government program, that this would give people with
traumatic brain injury, posttraumatic stress disorder, an option to go
to the private sector?
Mr. SESSIONS. In fact, that is correct. What has previously been in
the Defense Armed Services Committee, the policy that would allow men
and women of the military who have TBI to be able to take these funds
and be able to use them outside of the Department of Defense to what I
would call private sector.
Mr. DICKS. What about TRICARE, which is a private company?
Mr. SESSIONS. They could take it where they choose to, not where they
are designated to go by the Department of Defense; that would be
correct.
Mr. DICKS. I thank the gentleman for yielding.
Mr. SESSIONS. On May 26, 2011, during the NDAA debate, the House
unanimously adopted an amendment to create a pilot program administered
by the Department of Defense that would begin treating our troops
coming back home from theater with TBI and PTSD. Today, Congress has
the opportunity to appropriate funds that would be used to treat our
active duty and veterans suffering from TBI and PTSD.
My amendment specifically moves $10 million from the more than $19
billion in the Research, Development, Test and Evaluation Defense
Program to increase the defense health program by $10 million. Once
again, this money will assist directly these soldiers and others in the
military who have TBI-related injuries to be able to go to private
sector facilities with the utilization of taxpayer dollars for them to
get leading-edge treatments on these issues.
In April 2007, the Department of Veterans Affairs screened veterans
who were serving in Iraq and Afghanistan since 2001 for symptoms
associated with TBI. More than 19 percent of these veterans screened
positive for TBI symptoms. This is a big issue.
According to the U.S. Army, the number of soldiers leaving active
duty service has increased by 64 percent from 2005 to 2009 due to brain
health, whether it was TBI, PTSD, or a mental illness. A 2009 Rand
study estimates that costs related to depression, PTSD, and TBI in our
soldiers ranges from $4 billion to $6.2 billion over a 2-year period of
time.
Today, health care providers all over this country are treating brain
injury patients with new and innovative treatments with remarkable
results. Unfortunately, many of these treatments are not available
within military or veteran medical facilities for our heroes that I
have previously discussed who are suffering from TBI.
Our troops put themselves on the line every day, and I think they
deserve every opportunity to receive this treatment that is available
for their recovery. This pilot program created in NDAA will provide for
that treatment and recovery.
As has been talked about here on the floor of the House of
Representatives, $10 million out of $19 billion should be allocated to
this. I appreciate all of my colleagues not only learning more about
this issue, also wanting to be a part of how we can help these men and
women making groundbreaking treatments for our Nation's veterans and
active duty soldiers.
I yield back the balance of my time.

{time} 1610

Mr. FRELINGHUYSEN. I move to strike the last word.
The Acting CHAIR (Mrs. Miller of Michigan). The gentleman from New
Jersey is recognized for 5 minutes.
Mr. FRELINGHUYSEN. We accept the gentleman's amendment.
Mr. DICKS. Will the gentleman yield?
Mr. FRELINGHUYSEN. I yield to the gentleman from Washington.
Mr. DICKS. We accept the amendment too.
Mr. FRELINGHUYSEN. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Sessions).
The amendment was agreed to.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

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, $191,292,000, to remain available for obligation
until September 30, 2013.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,575,010,000.

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 maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $1,100,519,000, 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, $32,317,459,000; of which $30,497,735,000
shall be for operation and maintenance, of which not to
exceed 1 percent shall remain available until September 30,
2013, and of which up to $16,092,272,000 may be available for
contracts entered into under the TRICARE program; of which
$632,518,000, to remain available for obligation until
September 30, 2014, shall be for procurement; and of which
$1,187,206,000, to remain available for obligation until
September 30, 2013, 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 $8,000,000 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 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, $1,554,422,000, of which $1,147,691,000
shall be for operation and maintenance, of which no less than
$103,097,000 shall be for the Chemical Stockpile Emergency
Preparedness Program, consisting of $30,615,000, for
activities on military installations and $72,482,000, to
remain

[[Page H4611]]

available until September 30, 2013, to assist state and local
governments; and $406,731,000 to remain available until
September 30, 2013, shall be for research, development, test
and evaluation, of which $401,768,000 shall be only 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, $1,208,147,000: 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: Provided further, That $23,000,000 may not be obligated
or expended until the Secretary of Defense submits an
implementation plan for the expansion of prescription drug
testing to the congressional defense committees.

Joint Improvised Explosive Device Defeat Fund

(including transfer of funds)

For the ``Joint Improvised Explosive Device Defeat Fund'',
$220,634,000, to remain available until September 30, 2014,
for Staff and Infrastructure: 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 not later than 60
days of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a plan
for the intended management and use of the amounts provided
under this heading: Provided further, That the Secretary of
Defense shall submit a report not later than 60 days after
the end of each fiscal quarter to the congressional defense
committees providing assessments of the evolving threats,
individual service requirements to counter the threats, the
current strategy for predeployment training of members of the
Armed Forces on improvised explosive devices, and details on
the execution of the Fund: Provided further, That the
Secretary of Defense may transfer funds provided herein to
appropriations for operation and maintenance; procurement;
research, development, test and evaluation; and defense
working capital funds to accomplish the purpose provided
herein: Provided further, That amounts transferred shall be
merged with and available for the same purposes and time
period as the appropriations 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 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.

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, $346,919,000, of which
$286,919,000 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; of which $1,000,000, to
remain available until September 30, 2014, shall be for
procurement; and of which $1,600,000, to remain available
until September 30, 2013, shall be for research, development,
testing, and evaluation.

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,
$513,700,000.

Intelligence Community Management Account

For necessary expenses of the Intelligence Community
Management Account, $458,225,000.

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 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.

(including 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, 2012: 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.
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 2012: 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.

[[Page H4612]]

(transfer of funds)

Sec. 8008. 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. 8009. 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. 8010. 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 advanced 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:
UH-60M/HH-60M and MH-60R/MH-60S Helicopter Airframes; and
MH-60R/S Mission Avionics and Common Cockpits.
Sec. 8011. 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. 8012. (a) During fiscal year 2012, 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 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 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 2013.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8013. 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. 8014. 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. 8015. (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);
(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.

Amendment No. 62 Offered by Mr. Amash

Mr. AMASH. Madam 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:

Strike Section 8015.

The Acting CHAIR. The gentleman from Michigan is recognized for 5
minutes.
Mr. AMASH. Madam Chair, within the last month, the House has voted to
strike problematic and anticompetitive A-76 language from H.R. 2017,
the Department of Homeland Security appropriations bill, and from H.R.
2112, the

[[Page H4613]]

Agriculture appropriations bill. The same change and reversal of bad
policy should be adopted in this legislation by striking section 8015.
My amendment does just that. As drafted, section 8015 prohibits the
Department of Defense from contracting out any function unless it will
save a minimum of $10 million or 10 percent of the department's
performance costs even if the contractor is less costly overall and can
perform the work more efficiently.
Independent studies have found that public-private competitions lower
costs by between 10 and 40 percent regardless of whether the
competition is won by a private contractor or the government. Rather
than stand in the way of public-private competitions, Congress should
cut the redtape and make the use of this cost-saving process easier,
not harder.
The requirements in section 8015 are largely codified in existing
statute. Retaining section 8015 will obstruct and potentially nullify
any current efforts to reform the system in ways that improve public-
private competitions and bring much needed consistency and reliability
to the process.
Instead of complicating the use of competitions that improve service
and lower costs, we should be encouraging agencies to find the most
efficient way to deliver services. This amendment will send that
message by reducing restrictions on the Department of Defense and by
making it easier to achieve reforms that will increase the availability
of cost-saving competitions throughout the department.
I urge my colleagues to support this commonsense, taxpayer-first
amendment to H.R. 2219.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. This amendment would repeal section 8015 of the bill,
which in various forms has been included in the bill for the past 14
years.
This section requires that, before work is contracted out, the
Department of Defense must conduct a formal cost comparison to
determine whether privatization would actually save money. The section
also provides an exemption to ease contracting with businesses owned by
disadvantaged persons, qualified nonprofit entities for disadvantaged
persons, or businesses owned by Native Americans. In cases where
outsourcing is appropriate, one of the fundamental reasons would be to
lower government operating costs.
Requiring the DOD to actually conduct this analysis under the A-76
review is reasonable and should be included in this bill, so I urge my
colleagues to reject this amendment. I must say we have done these A-76
reviews across the country, and many times we find that the government
entity reorganizes itself and can actually do the work at a lesser cost
than the private sector.

{time} 1620

And the other problem with this whole thing is, once the private
sector gets it, the costs go right through the roof.
So you need to have an analysis done after contracting out is done to
make sure that you're not getting ripped off. So I strongly oppose the
gentleman's amendment.
Madam Chair, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Michigan (Mr. Amash).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. DICKS. Madam Chair, 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 Michigan
will be postponed.
The Clerk will read.
The Clerk read as follows:

(transfer of funds)

Sec. 8016. 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. 8017. 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. 8018. None of the funds available to the Department
of Defense, herein and hereafter, 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. 8019. 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. 8020. 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 1906 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. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. 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. 8023. (a) Of the funds made available in this Act, not
less than $30,945,000 shall be available for the Civil Air
Patrol Corporation, of which--
(1) $27,838,000 shall be available from ``Operation and
Maintenance, Air Force'' to support Civil Air Patrol
Corporation operation and maintenance, readiness, counter-
drug activities, and drug demand reduction activities
involving youth programs;
(2) $2,190,000 shall be available from ``Aircraft
Procurement, Air Force''; and
(3) $917,000 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. 8024. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development

[[Page H4614]]

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 2012 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 2012,
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 2013 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. 8025. 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. 8026. 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.
Sec. 8027. 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. 8028. (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.

Amendment Offered by Ms. Sutton

Ms. SUTTON. Madam Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Page 60, line 9, insert after the period the following:
``Such report shall also indicate whether such items or parts
of such items are available for purchase in the United
States.''
Mr. YOUNG of Florida. Madam Chairman, I reserve a point of order on
the gentlewoman's amendment.
The Acting CHAIR. A point of order is reserved.
The gentlewoman from Ohio is recognized for 5 minutes.
Ms. SUTTON. Madam Chair, I rise today to shine a light on how America
is spending defense dollars.
This week, we will vote on a $530 billion Defense budget. Some of
that money will go towards pay for our soldiers; some of that money
will go towards ensuring our military families are cared for. But when
it comes to buying everything from building materials to fighter jets,
as much of that money as possible should go towards buying American.
Every dollar we spend on a part or a piece of equipment manufactured
overseas when we can easily build it at home is doing our men and women
in uniform and our manufacturing base a disservice.
This is a clarifying amendment that will increase transparency within
the Department of Defense by having the Department indicate whether
parts purchased overseas are available here in the United States.
Taxpayers deserve to know where the Defense dollars are going. They
want to see their taxpayer dollars used to purchase quality products
and materials produced right here in the United States by American
workers; and when that doesn't happen, they want and deserve to know
why.
Currently, the Department of Defense is granting tens of thousands of
waivers to allow for taxpayer dollars to buy equipment made overseas.
If our tax dollars are going to buy a part made overseas, taxpayers
deserve to know if that part is available in Michigan or Ohio or
anywhere else in the United States. My amendment simply uses the
current Department of Defense data and the requirements set forth in
this section and adds more transparency by highlighting areas where our
government is sending money overseas instead of keeping it at home.
If we are truly to put Americans back to work, we must make sure that
Congress is doing everything it can towards that end. This amendment is
one small step that we can take right now. This clarifying amendment
will only serve to shine a light on taxpayer dollars being invested in
the wrong place and show where those funds can be diverted in a way
that can make a difference for jobs here at home.
I encourage my colleagues to pass this commonsense clarifying
amendment to ensure increased transparency for American taxpayers and
encourage our Department of Defense to buy American, because that is
what taxpayers want and that is what American workers deserve.
Madam Chair, I yield back the balance of my time.

Point of Order

Mr. YOUNG of Florida. Madam Chairman, I make a point of order against
the amendment because it proposes to change existing law and
constitutes legislation in an appropriations bill and therefore
violates clause 2 of rule XXI.
The rule states in pertinent part: ``An amendment to a general
appropriation bill shall not be in order if changing existing law.''
This amendment imposes additional duties.
I ask for a ruling from the Chair.
The Acting CHAIR. Does any other Member wish to speak to the point of
order?
Ms. SUTTON. Madam Chair, I rise in opposition to the point of order.
This is simply a clarifying amendment. It clarifies information that is
already being gathered in this section.
Since 2007, Congress has mandated that the Department of Defense
begin tracking waivers that allow the Department to buy products from
overseas. Currently, to qualify for a waiver from the Buy America
requirements, the Department of Defense has to comply with one of eight
criteria. One of those criteria is proving that there is

[[Page H4615]]

no domestic product available. This section of the bill already
requires the Department of Defense to report back to Congress on the
amount of their purchases from foreign entities and the dollar value of
items for which the Buy American Act was waived.
My amendment simply uses the current Department of Defense data and
the requirements set forth in this section and adds more transparency
by highlighting areas where our government is sending money overseas
instead of keeping it at home.

{time} 1630

As I said, if we are truly to put Americans back to work, we must
make sure that Congress is doing everything it can towards that end. It
would seem ashamed for this objection to stand to an amendment that
just ensures transparency in a section that is already being used to
gather information.
The Acting CHAIR. Does any other Member wish to speak to the point of
order? If not, the Chair is prepared to rule.
The gentleman from Florida makes a point of order that the amendment
constitutes legislation in violation of clause 2 of rule XXI.
Section 8028 of the bill constitutes legislation. It has been
permitted to remain in the bill by way of a waiver of that point of
order. Under the precedents, it may be modified by a germane amendment,
as long as the amendment does not contain additional legislation.
The amendment modifies the terms of a report required by section
8028(b) of the bill. It requires the inclusion in the report of certain
information regarding domestic availability of certain products.
By requiring additional detail in the report, the amendment is not
``merely perfecting'' but, rather, proposes additional legislation. It
therefore violates clause 2 of rule XXI.
The point of order is sustained.
Mr. YOUNG of Florida. Madam Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. I do so to make this announcement: that there
are a number of points of order lying on amendments that we will be
considering shortly. It will be my hope that we can reserve the point
of order so that the Member propounding the amendment can also have
their 5 minutes to explain the amendment. As long as that courtesy is
not abused, I will continue to allow that, but if it does appear to be
abused, then we will raise the point of order immediately.
I yield back the balance of my time.
The Acting CHAIR. The Clerk will read.
The Clerk read as follows:

(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 2012. 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. 8029. 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. 8030. (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. 8031. 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. 8032. (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 2013 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2013 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 2013 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. 8033. 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, 2013: 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, 2013.
Sec. 8034. 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. 8035. 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. 8036. (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. 8037. 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;

[[Page H4616]]

(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 ensure 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. 8038. (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.
(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. 8039. 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. 8040. 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:
``National Defense Sealift Fund'', 2002/XXXX, $20,444,000;
``National Defense Sealift Fund'', 2003/XXXX, $8,500,000;
``National Defense Sealift Fund'', 2004/XXXX, $6,500,000;
``Aircraft Procurement, Navy'', 2010/2012, $90,000,000;
``Aircraft Procurement, Navy'', 2011/2013, $55,000,000;
``Weapons Procurement, Navy'', 2011/2013, $35,427,000;
``Procurement of Ammunition, Navy and Marine Corps'', 2011/
2013, $8,612,000;
``Shipbuilding and Conversion, Navy'', 2011/2015,
$110,351,000;
``Aircraft Procurement, Air Force'', 2011/2013,
$30,000,000;
``Missile Procurement, Air Force'', 2011/2013,
$122,500,000;
``Other Procurement, Air Force'', 2011/2013, $90,000,000;
``Procurement, Defense-Wide'', 2011/2013, $45,000,000;
``Research, Development, Test and Evaluation, Navy'', 2011/
2012, $34,771,000;
``Research, Development, Test and Evaluation, Air Force'',
2011/2012, $105,000,000;
``Research, Development, Test and Evaluation, Defense-
Wide'' , 2011/2012, $318,000,000.

Notwithstanding any other provision of law, none of the funds
provided may be used for the construction of additional
sealift capacity, as described under the heading ``National
Defense Sealift Fund'' in Public Law 107-117, Public Law 107-
248, and Public Law 108-87, or for the purposes described in
section 115 of division H of Public Law 108-199, as amended
by section 1017 of division A of Public Law 109-13.
Sec. 8041. 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. 8042. 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. 8043. 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. 8044. 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. 8045. (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. 8046. 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 103 of title 41, United States Code,
except that the restriction shall apply to ball or roller
bearings purchased as end items.
Sec. 8047. 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. 8048. 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. 8049. (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. 8050. 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--

[[Page H4617]]

(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. 8051. 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. 8052. 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 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. 8053. (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. 8054. Using funds 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. 8055. 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. 8056. 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. 8057. (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. 8058. (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. 8059. 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. 8060. 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. 8061. 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. 8062. 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. 8063. 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. 8064. 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

[[Page H4618]]

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. 8065. 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. 8066. 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 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.

(including transfer of funds)

Sec. 8067. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $124,493,000
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. 8068. 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 2012.
Sec. 8069. 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, that upon the determination of the Secretary of
Defense that it shall serve the national interest, 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. 8070. Of the amounts appropriated in this Act under
the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'',
$235,700,000 shall be for the Israeli Cooperative Programs:
Provided, That of this amount, $110,500,000 shall be for the
Short Range Ballistic Missile Defense (SRBMD) program,
including cruise missile defense research and development
under the SRBMD program, of which $15,000,000 shall be for
production activities of David Sling Weapon System missiles
in the United States and in Israel to meet Israel's defense
requirements, consistent with each nation's laws,
regulations, and procedures, $66,200,000 shall be available
for an upper-tier component to the Israeli Missile Defense
architecture, and $59,000,000 shall be for the Arrow System
Improvement Program including development of a long range,
ground and airborne, detection suite: 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. 8071. 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.

(including transfer of funds)

Sec. 8072. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$73,992,000 shall be available until September 30, 2012, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of the Navy shall
transfer funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes
as the appropriations to which transferred:
To:
Under the heading ``Shipbuilding and Conversion, Navy,
2005/2012'': LPD-17 Amphibious Transport Dock Program
$18,627,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2006/2012'': LPD-17 Amphibious Transport Dock Program
$23,437,000.
Under the heading ``Shipbuilding and Conversion, Navy,
2008/2012'': LPD-17 Amphibious Transport Dock Program
$31,928,000.
Sec. 8073. 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:
(1) The requirements of section 7403(g)(1)(A) of title 38,
United States Code, shall apply.
(2) The limitations of section 7403(g)(1)(B) of title 38,
United States Code, shall not apply.
Sec. 8074. 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 2012 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2012.
Sec. 8075. 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. 8076. The budget of the President for fiscal year
2013 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. 8077. 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. 8078. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $44,000,000
is hereby appropriated to the Department of Defense:
Provided, That upon the determination of the Secretary of
Defense that it shall serve the national interest, he shall
make grants in the amounts specified as follows: $20,000,000
to the United Service Organizations and $24,000,000 to the
Red Cross.
Sec. 8079. 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:

[[Page H4619]]

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. 8080. 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. 8081. (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. 8082. 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 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. 8083. 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. 8084. (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. 8085. 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. 8086. 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, 2013.
Sec. 8087. 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. 8088. 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. 8089. 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
$10,000,000 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 $5,000,000 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. 8090. 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 2012. 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. 8091. (a) Not later than 60 days after enactment of
this Act, 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 pursuant to section 8092 of this Act for
fiscal year 2012: 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, project, and subproject; 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 pursuant to section 8092 of this
Act until the report identified in subsection (a) is
submitted to the congressional intelligence committees,
unless the Director of National Intelligence certifies in
writing 15 days in advance to the congressional intelligence
committees that such reprogramming or transfer is necessary
as an emergency requirement.
Sec. 8092. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) that--
(1) creates a new program, project, or subproject,
(2) eliminates a program, project, or subproject,
(3) increases funds or personnel by any means for any
program, project, or subproject,
(4) for which funds have been denied or restricted,
(5) relocates an office or employees, or
(6) reorganizes or renames an office;
unless the Committees on Appropriations of the House of
Representatives and the Senate are notified 15 days in
advance of such reprogramming of funds.
(b) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act
shall be available for obligation or expenditure through a
reprogramming or transfer of funds in accordance with section
102A(d) of the National Security Act of 1947 (50 U.S.C. 403-
1(d)) in excess of $1,000,000 or 10 percent, whichever is
less, that--
(1) augments existing programs, projects, or subprojects,
(2) reduces by 10 percent funding for any existing program,
project, or subproject or the number of personnel by 10
percent as approved by Congress, or
(3) results from any general savings, including savings
from a reduction in personnel costs, which would result in a
change in existing programs, projects, or subprojects as
approved by Congress;

unless the Appropriations Committees of both Houses of
Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 8093. 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. 8094. 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. 8095. 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

[[Page H4620]]

Department of Defense Instruction 7000.14, Volume 12, Chapter
23 ``Contingency Operations'', Annex 1, dated September 2005.

(including transfer of funds)

Sec. 8096. 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. 8097. Of the funds appropriated in the Intelligence
Community Management Account for the Program Manager for the
Information Sharing Environment, $22,000,000 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 section: Provided further, That the
Director of National Intelligence shall notify the Committees
on Appropriations of the House of Representatives and the
Senate of such transfers pursuant to section pursuant to the
reprogramming procedures established in sections 8091 and
8092.
Sec. 8098. 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. 8099. (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. 8100. (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, 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.
Sec. 8101. (a) Prohibition on Conversion of Functions
Performed by Federal Employees to Contractor Performance.--
None of the funds appropriated by this Act or otherwise made
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.

{time} 1650

Amendment Offered by Mr. Sessions

Mr. SESSIONS. Madam Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will report the amendment.
The Clerk read as follows:

Strike section 8101.

The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. SESSIONS. Madam Chairman, this month the House has voted twice to
strike problematic and anti-competitive A-76 language from H.R. 2112,
the Agriculture appropriations bill, and H.R. 2017, the Department of
Homeland Security appropriations bill. The same change and reversal of
bad language should be adopted in legislation today by striking this
anti-competitive language.
My amendment would strike section 8101 of this legislation, which as
drafted prohibits the use of funds in the underlying bill to convert
any functions performed by Federal employees to private competition
pursuant to a study conducted under OMB Circular A-76.
A-76 cost competitions between the public and private sector bring
the best value to the taxpayer. Lifting the current moratorium will
reform the way the Department of Defense does business, allowing the
flexibility to manage the most effective and efficient cost ways in
supporting the mission of the Department of Defense. The role of
government should be to govern, not to operate business inside the
government.
Currently, the Federal Government employs some 2 million executive
branch, nonpostal, full-time, and permanent employees; 850,000 of these
employees hold jobs that are commercial in nature. The underlying
principle of A-76 is that the government should consider private sector
performance of commercial services where appropriate. This notion has
been consistently embraced by administrations of both political parties
for more than 60 years.
Over the past 2 years, the Obama administration has pushed for an in-
sourcing campaign within DOD. Secretary Gates put a halt on that
practice recently due to what Forbes magazine on March 7, 2011, called,
and I quote, ``a victim of bad planning and disappointing results.''
Two years of shutting out private competition resulted in zero taxpayer
savings.
According to a Small Business Administration study, 71 percent of A-
76 goes to small business. This work is important, and must be done
well, but should be done also where the taxpayer sees results and the
cost benefit. Any time Congress places a restriction on agencies'
ability to implement A-76, such action denies opportunity for small
business.
Our Nation's unemployment rate stands at 9.1 percent. We must allow
the private sector the ability to create jobs without an unfair
disadvantage. The A-76 process allows the private sector just this
opportunity. If competition is deemed fair, it doesn't matter who wins.
As long as both sides are allowed equal opportunity for the job, the
taxpayer ultimately wins.
I urge all my colleagues to support this commonsense, taxpayer-first
amendment, and to ensure that cost-saving competition is available
throughout the Department of Defense.
Madam Chairman, I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.

[[Page H4621]]

Mr. DICKS. The gentlemen's amendment strikes section 8101 from the
bill. This section provides that the Defense Department must certify
compliance with a fiscal year 2008 law which requires DOD to provide an
inventory of its service contracts, review those contracts, and then
integrate those results into the budget process before using the OMB
Circular A-76 privatization process. I rise in opposition to the
gentleman's amendment.
This provision is included in the fiscal year 2012 budget request. It
requires that DOD exercise responsible stewardship over its contractors
by providing an inventory of such contractors, a review of associated
contracts, and an explanation of how these contracts are integrated
into the budget. The provision requires the Department of Defense to
maintain better accountability of the thousands of contractors
performing services for the Department every day, and therefore
maintain better accountability of funds. Striking this section releases
the Department from this responsibility.
And I must tell the gentleman from Texas, who is a good friend, that
we had a terrific problem getting the Department of Defense to even be
able to tell us how many contractors they have. We had this problem in
Iraq, we had this problem in Afghanistan, and we are still struggling.
Now they give us a quarterly report of how many contractors and how
many contract employees there are.
I have always believed in the A-76 review process. In fact, I had an
amendment probably 25 years ago that said after you do A-76, if you
contract out to the private company--if they win the competition
between the government unit and the private sector--that you have to
keep on analyzing what has happened to the cost. And what we found was,
as soon as the thing was contracted out, the prices started to go up
until we had an auditing process that looked into it. That process was
taken out I think in the nineties. So we didn't have this mechanism to
ensure that we were getting the best deal. And there were problems
associated with pensions. Could you compare government pensions with
private sector pensions?
A lot of this was worked out. But the idea of not being accountable,
not having these companies, not having the government, the Defense
Department know how many service contractors it has and how much. And
if we are going to reduce spending, we have got to know that. We have
got to understand that. And I hope that we could continue to work on
this problem, because the idea that Congress doesn't get the
information that is necessary to know how many people we have
contracted out to is, I think, ridiculous. And I think Congress has to
insist that we get this information.
Mr. SESSIONS. Would the gentleman yield?
Mr. DICKS. I yield, of course.
Mr. SESSIONS. I think the gentleman brings up not only very pertinent
questions that the gentleman has dealt with throughout his career about
how do we effectively utilize taxpayer dollars, but I would like to
suggest to you we are talking about commercial activities, mowing
grass, painting buildings, lots of other things too, but doing things
which are very essential to the upkeep and operation, but that within
the Department of Defense the base commander has a good grasp on this.
Those people that are in the architecture group, those people that
are in the operations group, they know who they're getting. And they're
getting regular people who can come in and do the jobs that are
specified, then leave; not have full-time employees that change oil,
mow grass, do the painting, do all these things. And not in every
location is it advantageous, but in some it is. And we're talking about
where they can use it to their advantage. That's where this would be
utilized.
So Norm, I'd like to spend a little time with you, but where it's an
advantage for the Department, we're giving them the opportunity. That's
what this amendment's about.
I thank the gentleman, and I yield back.
Mr. DICKS. I think the A-76 process has been a worthy one. Sometimes
the contractor wins, and sometimes the unit of government reorganizes
itself, and they compete, and it comes out that the government wins. So
I think the A-76 process has worked. I hate to see us get rid of that.
Now, the other thing is, I think the Department has to do a better
job of accountability, of being able to report how many civilian
employees, how many military employees, how many contractors.
The Acting CHAIR. The time of the gentleman from Washington has
expired.
(By unanimous consent, Mr. Dicks was allowed to proceed for 1
additional minute.)
Mr. DICKS. That is what I am trying to get to. I think the idea that
they can submit their budget but not be able to tell us how many
contractors there are, how many contract employees there are, is just
ridiculous.
Mr. SESSIONS. Would the gentleman yield?
Mr. DICKS. Yes, I yield.
Mr. SESSIONS. If you want to get your grass mowed at a big base,
where you have a lot going on, do you care how many employees, or just
that you have the guy that's supposed to cut the grass, you hold him
accountable even if he has 80 people working for him? That's the point
that we're trying to make. You don't have to know how many employees.
You have to know that it got done at the right price. We're not doing
away with the A-76 process. Your points are well made. The gentleman is
dead on, and I appreciate him yielding.
Mr. DICKS. I agree with the gentleman. If we can get a better deal,
let's try to get a better deal. If we can do it less expensively, we
can do it less expensively.
I yield back the balance of my time.

{time} 1700

Mr. NADLER. Madam Chair, I move to strike the last word.
The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. NADLER. Madam Chair, I am sort of surprised by this amendment. It
seems to me that if we want to have control over the contracts in the
procurement process, if we want Congress to be able to know what is
going on, if we want to be able to save money, which is what we keep
talking about, you want the process that we have here.
Perhaps you want an improved process, but you want an inventory. I
mean, certainly no one will deny that some, perhaps many, of the
private contracts that the Pentagon lets have been wasteful. Many have
not been, but certainly an inventory so that Congress can keep a closer
eye on it is calculated to reduce the waste, to reduce the wasteful
expenditures, to enable us to have better oversight.
So why you would want to change that? And I am given to understand
that this provision originated with the Republican Congresses during
the Bush administration, and, frankly, it was a good innovation.
Congress ought to be able to watch more closely what any government
agency that is spending the kind of money the Pentagon is spending,
hundreds of billions of dollars, much of it to private contractors--we
ought to be able to watch what they're doing, watch what they're doing
more closely, keep an eye on it, and be able to rein it in and say,
hey, wait a minute, that contract is being well administered but that
one isn't; that contract we have a lot of questions about. So why would
we want to eliminate that provision that has worked well?
Now, granted, it hasn't worked as well as we have wanted. Granted, we
ought to improve it. Perhaps some of you can come up with an amendment
with some language that would improve it.
But to get rid of it, to say we don't need that oversight, we don't
need that inventory of contracts, let the Pentagon do that in the dark
of night, let the Pentagon have their contracts, let their contracts
and no one look at it? It seems to me rather unfrugal, rather wasteful,
and not calculated to save the taxpayers money. Why would we want to do
that? I don't know; so I have to oppose this amendment.
I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Sessions).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.

[[Page H4622]]

Mr. DICKS. Madam Chair, 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 Texas will
be postponed.
The Clerk will read.
The Clerk read as follows:

Sec. 8102. (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 fiscal year 2012 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
Investment Review Board.
(b) This section shall not apply to any programmatic or
analytic systems or programmatic or analytic system
improvements.
Sec. 8103. None of the funds made available under this Act
may be distributed to the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries.

(including transfer of funds)

Sec. 8104. 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. 8105. 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.
Sec. 8106. Section 310(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 124 Stat. 1871),
as amended by Public Law 112-10, is amended by striking ``2
years'' both places it appears and inserting ``3 years''.
Sec. 8107. The Office of the Director of National
Intelligence shall not employ more Senior Executive and
General Schedule 15 equivalent employees than are specified
in the classified annex: Provided, That, notwithstanding any
other provision of law, the Office of the Director of
National Intelligence shall select individuals for Senior
Executive positions in a manner consistent with all
requirements established in statute and all Office of
Personnel Management regulations, guidance and procedures
governing the appointment of individuals to the Senior
Executive Service for other Federal agencies: Provided
further, That the Director of National Intelligence shall
certify within 90 days of enactment of this Act to the
Committees on Appropriations of the House of Representatives
and the Senate that the Office of the Director of National
Intelligence, in consultation with the Director of the Office
of Personnel Management, has revised it selection process for
Senior Executive positions to conform with Office of
Personnel Management regulations, requirements, and
procedures: Provided further, That during fiscal year 2012,
the Office of the Director of National Intelligence shall not
appoint any individual to a Senior Executive position if that
person was not serving in a Senior Executive position in
fiscal year 2011 until the Director of National Intelligence
has submitted its new policies and procedures to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 8108. 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. 8109. Appropriations available to the Department of
Defense may be used for the purchase of 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. 8110. Of the amounts appropriated for Military
Personnel under title I of the Act, not to exceed 1 percent
of each appropriation shall remain available until September
30, 2013.
Sec. 8111. Of the amounts appropriated for ``Operation and
Maintenance, Defense-Wide'', $33,000,000 shall be available
to the Secretary of Defense, notwithstanding any other
provision of law, acting through the Office of Economic
Adjustment of the Department of Defense, to make grants,
conclude cooperative agreements, and supplement other Federal
funds, to remain available until expended, to assist the
civilian population of Guam in response to the military
buildup of Guam, to include addressing the need for vehicles
and supplies for civilian student transportation,
preservation and repository of artifacts unearthed during
military construction, and construction of a mental health
and substance abuse facility.
Sec. 8112. None of the funds made available by this Act
may be used by the Secretary of Defense to operate more than
1,000 parking spaces provided by the combination spaces
provided by the BRAC 133 project and the lease of spaces in
the immediate vicinity of the BRAC 133 project.
Sec. 8113. (a) None of the funds provided in this title for
Operation and Maintenance may be available for obligation or
expenditure to relocate Air Force program offices, or
acquisition management functions of major weapons systems, to
a central location, or to any location other than the Air
Force Material Command site where they are currently located
until 30 days after the Secretary of the Air Force submits
the initial report under subsection (b).
(b) The Secretary of the Air Force shall submit to the
congressional defense committees a report which includes the
following: a listing of all Air Force Material Command
functions to be transferred and an identification of the
locations where these functions will be transferred from and
to; a listing of all Air Force Material Command personnel
positions to be transferred and an identification of the
locations these positions will be transferred from and to;
and the cost benefit analysis and the life-cycle cost
analysis underpinning the Secretary of the Air Forces
decisions to relocate Air Force Material Command functions
and personnel.
Sec. 8114. Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall resume
monthly reporting of the numbers of civilian personnel end
strength by appropriation account for each and every
appropriation account used to finance federal civilian
personnel salaries to the congressional defense committees.
Sec. 8115. In addition to amounts provided elsewhere in
this Act, $10,000,000 is hereby appropriated, for an
additional amount for ``Research, Development, Test and
Evaluation, Army'', to remain available until September 30,
2013. Such funds may be available for the Secretary of the
Army to conduct research on alternative energy resources for
deployed forces.
Sec. 8116. (a) None of the funds appropriated in this Act
for the National Intelligence Program or the Military
Intelligence Program are available to establish a new
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 or intelligence FFRDC, and no
paid consultant to any defense or intelligence 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 a National Intelligence Program or
Military Intelligence Program from any source during fiscal
year 2012 may be used by a defense or intelligence 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 National Intelligence Program or
Military Intelligence Program during fiscal year 2012, the
total level of funding and staff years of technical effort
(staff years) for FFRDCs shall not exceed the allocation
included in the classified annex accompanying this Act.
(e) The Secretary of Defense and the Director of National
Intelligence shall, with the submission of the fiscal year
2013 budget request, submit a report presenting the specific
amounts of staff years of technical effort to be allocated
for each FFRDC during

[[Page H4623]]

that fiscal year and the associated budget estimates for the
National Intelligence Programs and Military Intelligence
Programs: Provided, That such information shall be provided
in a classified manner.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for National
Intelligence Program and Military Intelligence Program FFRDCs
is hereby reduced by the amount specified in the classified
annex.
Sec. 8117. The Secretary of Defense shall study and report
to the Congressional Defense Committees the feasibility of
using commercially available telecommunications expense
management solutions across the Department of Defense by
March 1, 2012.
Sec. 8118. None of the funds appropriated in this or any
other Act may be used to plan, prepare for, or otherwise take
any action to undertake or implement the separation of the
National Intelligence Program budget from the Department of
Defense budget.
Sec. 8119. None of the funds appropriated in title II in
this Act for ``Operation and Maintenance'' may be used for
Information Operations/Military Information Support
Operations activities.

(including transfer of funds)

Sec. 8120. Upon a determination by the Director of
National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of
the Office of Management and Budget, transfer not to exceed
$1,000,000,000 of the funds made available in this Act to the
intelligence community and the associated Agencies for
intelligence 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 intelligence 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 such transfers shall be made only in
accordance with sections 8091 and 8092 of the 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 of the House of Representatives and Senate
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, 2012.
Sec. 8121. Notwithstanding any other provision of this
Act, to reflect savings from revised economic assumptions,
the total amount appropriated in title II of this Act is
hereby reduced by $501,800,000, the total amount appropriated
in title III of this Act is hereby reduced by $484,800,000,
and the total amount appropriated in title IV of this Act is
hereby reduced by $323,500,000: Provided, That the Secretary
of Defense shall allocate this reduction proportionally to
each budget activity, activity group, subactivity group, and
each program, project, and activity, within each
appropriation account.

(including transfer of funds)

Sec. 8122. In addition to amounts provided elsewhere in
this Act, there is appropriated $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. 8123. None of the funds appropriated or otherwise
made available in this or any other 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; 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. 8124. (a)(1) Except as provided in paragraph (2), none
of the funds appropriated or otherwise made available in this
or any other 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
reengage 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.
(7) has agreed to allow appropriate agencies of the United
States to have access to the individual, if requested.
(c)(1) Except as provided in paragraph (3), none of the
funds appropriated or otherwise made available in this or any
other 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. 8125. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used to 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. 8126. (a) In General.--Of the funds made available to
the Department of Defense under ``Operation and Maintenance,
Defense-Wide'' in title II, $1,000,000 shall be available to
the Department to commission through a competitive,
independent, private sector entity that is an organization
described in section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such
Code, and has recognized credentials and expertise in
military affairs, to

[[Page H4624]]

conduct a forward-looking, independent assessment of the
current and prospective situation on the ground in
Afghanistan and Pakistan, its impact on the surrounding
region, and its consequences for United States interests. The
entity shall examine 4 broad topic areas to include the
strategic environment in and around Afghanistan and Pakistan,
as well as security, political, and economic and
reconstruction developments in those 2 countries.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the entity described in subsection (a)
shall submit to the President and the Congress a report on
the assessment conducted under subsection (a), including
relevant policy recommendations relating thereto.
(c) Sense of Congress.--It is the sense of Congress that
the entity described in subsection (a) should be modeled on
the Iraq Study Group.
Sec. 8127. Not more than $200,000,000 of the funds made
available by this Act may be expended for military musical
units (as defined in section 974 of title 10, United States
Code).

{time} 1710

Amendment No. 31 Offered by Mr. Carter

Mr. CARTER. Madam 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:

Strike section 8127 (page 122, lines 6 through 9), relating
to military musical units.

The Acting CHAIR. The gentleman from Texas is recognized for 5
minutes.
Mr. CARTER. Madam Chair, I rise to address an issue that I think is
very important to the patriotic men and women who fight and defend our
country.
Representative McCollum, in good graces, asked that we restrict the
military band funding by $120 million in an attempt to save money, but
the Congressional Budget Office has informed us that this reduction,
this $120 million reduction, will not save the American taxpayers one
red cent, nor will it reduce the overall DOD spending.
The facts about our bands are that they are an integral part of the
patriotism that keeps our soldiers' hearts beating fast. For example,
over 10,000 funerals are held per year, and these bands attend these
funerals. And many of us, unfortunately, in this body have had to
attend military funerals in the past, and they know how much that music
means to the parents of the loved ones of our lost heroes.
I have had the real great pleasure of being at welcome home
celebrations at Fort Hood, which are very dramatic. The buses pull up
at night across the parade ground in the dark, and then the band
strikes up military music and out of the dark comes marching our
soldiers into the parade ground. And the tears flow. And parents and
children of the soldiers and the loved ones of the soldiers, tears come
to their eyes. And that music is an integral part of it. The concerts,
the ceremonies, the funerals, and the welcome home celebrations are all
part of what makes our military the patriotic body that it is.
The individual bands performed as many as 1,200 musical missions
during the 12- to 15-month deployments. Military bands also perform at
USO and other places. The number of bands right now in the Army is 132
active duty, 51 National Guard, and 17 Reserve; Air Force, 24; the
Navy, 14; and the Marines, 14.
And speaking of the Marines, Friday before last I had the first time
opportunity to go to the parade at the Marine barracks here in
Washington, D.C., and everyone, every red-blooded American should
attend that, and every Member of Congress should attend it. And it was
my first chance to do it. And that is the most patriotic-striking thing
you will ever experience. And to lose something like that will be a
tragedy for this country.
The total cost for the bands is $320 million, and 282 million of
those dollars is personnel cost. Now, something that many don't
understand is these band members that perform, and at least two of the
services I'm familiar with, the Army and the Marine Corps, have other
duties. Some of them in the Marine Corps are riflemen, just like every
marine is a rifleman. In the Army, most of these people work in
security or military police. And if the bands were not performing, they
would still be in the military. They would still have personnel costs,
housing costs, and other things that would be part of the DOD expenses.
So this is no extra that we are doing here. These people are still
going to be employed by the military, and they're still going have to
those costs. So that's why there is no real savings here.
But we are saving something that's important to this country and that
is this is what makes patriotic people join the military. This is what
causes young men and women to have their hearts beat fast on behalf of
their country. And to lose our military bands would be a tragedy. And
therefore I am asking that we adopt this amendment and that we replace
these funds for these military bands so that we are able to continue
this long tradition that goes back to the beginning of our country, to
having bands play to celebrate military events.
I yield back the balance of my time.
Mr. YOUNG of Florida. Madam Chairman, I move to strike the last word.
The Acting CHAIR. The gentleman is recognized for 5 minutes.
Mr. YOUNG of Florida. Madam Chairman, the gentleman's amendment
supports the position of the subcommittee, and I support the
gentleman's amendment.
I yield back the balance of my time.
Mr. DICKS. I rise in opposition to the gentleman's amendment.
The Acting CHAIR. The gentleman from Washington is recognized for 5
minutes.
Mr. DICKS. And I do this very reluctantly, but I'm glad that the
sponsor of the amendment has arrived, and we will let her talk about
this.
Section 8127 limits spending for military bands to $200 million for
fiscal year 2012. Now, that is a lot of money and I'm a person who
believes in music, believes in our bands. I have been at Fort Lewis out
in my part of the country, now Joint Base Lewis-McChord, for many
ceremonies. And there's no question about it; the music really does add
to the whole event. But we are in a very tough fiscal period here.
During the full committee markup, this was agreed to by a voice vote.
The amendment parallels similar language included in section 599(c) in
the House-passed National Defense Authorization Act for fiscal year
2012. So we've had the authorization committee look at it, we've had
the Appropriations Committee look at it, and I think that we ought to
support the position that came out of the full committee.
I yield back the balance of my time.
Ms. McCOLLUM. I move to strike the last word.
The Acting CHAIR. The gentlewoman from Minnesota is recognized for 5
minutes.
Ms. McCOLLUM. Fellow Members, this amendment was adopted by voice in
committee, and this amendment was not one that I lightly came up with.
At a time when we are cutting back on WIC, which is supplements for
children, at a time when we are cutting back on education and health
care expenses, I kind of felt I had a duty as an appropriator to look
at opportunities in which we could cut back on spending. And so I have
come up with a few ideas, and I know that they, at times, haven't been
the most popular. But one of them was cutting back on the amount of
money we spend on military bands.
And I enjoy military bands. I have listened to a lot of them since
birth. But the Army alone has over 100 bands, employing 4,600
professional musicians and support staff. The Air Force and Navy and
Marines and the National Guard have dozens of bands with professional
musicians we all take great pride in.
Congress needs to conduct oversight on this portion of the budget. It
has grown substantially over the years. And I think we need to figure
out what is the right note to have with military bands.
So that's why this amendment that I offer that was adopted in full
committee did cut, but it also continued to provide $200 million for
the Pentagon to continue this fine tradition.
As families and communities across this country see critical services
being reduced or eliminated, including music in public education
schools all across this country, I think it is time that we ask the
Pentagon to make a small sacrifice in its musical budget. And so I
would ask the committee to support the original language of the bill
and to reject the Carter amendment.
With that, I yield back the balance of my time.
Mr. NADLER. Madam Chair, I move to strike the last word.

[[Page H4625]]

The Acting CHAIR. The gentleman from New York is recognized for 5
minutes.
Mr. NADLER. I will be brief.
First of all, I'm told that the amount in the bill here, $200
million, is essentially the amount that is being spent now; so this is
not really a reduction.

{time} 1720

Secondly, I just want to add one thing to what the gentlelady from
Minnesota said. Over the break we just had, I went to a food pantry
operated by a church on Coney Island. There was a line out the door of
about 70 or 80 people. They were giving food packets 3 days out of
every month; 3 days out of every month, and trying to figure out how to
scrounge enough money to give food packets 4 days out of every month.
And, of course, we are cutting the budget for Women, Infants and
Children. We are cutting the budget for food aid. We are cutting the
budget for food stamps. We can maintain the military bands and not
expand them. We have to keep this in perspective.
Yes, I love John Philip Sousa. I love military bands. I love marching
bands. But people have to eat. And we are being savaged in the budget
that we are passing and in the negotiations on the debt ceiling. We are
being savaged on things for people to eat.
This seems the least we can do.
Mr. CARTER. Will the gentleman yield?
Mr. NADLER. I yield to the gentleman from Texas.
Mr. CARTER. I thank the gentleman for yielding.
I hear what you're saying about these good programs that are being
cut and reduced. And if this actually put money in the pockets of those
programs, it would be one thing. But the facts are that the cuts that
we do here do not change any amount of spending that the DOD does.
These people continue to have military jobs, and they continue to get a
paycheck.
Mr. NADLER. Reclaiming my time, the limitation in the bill will
simply make sure that it doesn't expand. The fact is that with all of
the negotiations going on and the debt ceiling and everything else,
there is going to be pressure to cut everything. This amendment simply
says we can expand here even though we are cutting far more important
things. I think the language in the bill is sufficient. The committee
did a wise job. I urge 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 Texas (Mr. Carter).
The amendment was agreed to.
Mr. YOUNG of Florida. Madam Chairman, I move that the Committee do
now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Carter) having assumed the chair, Mrs. Miller of Michigan, 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.
2219) making appropriations for the Department of Defense for the
fiscal year ending September 30, 2012, and for other purposes, had come
to no resolution thereon.

____________________